NON-COMPLYING DEVELOPMENT

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Non-complying development is development that is “not considered appropriate” within a particular zone as specified by the respective Council’s Development Plan. Because it is not considered generally appropriate it is classified a Category 3 development to which extra development assessment process is applied as required by the Development Act and Regulations. (more…)
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Derelict Heritage in St Peters

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I was commissioned to advice on what could be done with a Bluestone fronted Villa, part of a deceased estate in St Peters. An initial inspection confirmed the poor condition of the house that had been vacant for more than 5 years. Mature trees located close to the house and a leaking roof had caused substantial damage to the house with extensive cracking, collapsed ceilings and rotten flooring making the house very unattractive. (more…)
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Is planning approval necessary? This is not always obvious or clear cut we know how to establish this and interact with the respective Local Council effectively.

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Given the complexity of the proposal it can be difficult and time consuming to assess the appropriate level of information required to support the proposal. Advantage Planning Services can assess the supporting information required and call on a range of supporting services. We have a strong network of trusted consultants to provide the required solutions:- Architects and Designers Engineers Building Surveyors Land Brokers Land Surveyors Environmental Specialists Energy Efficiency experts Acoustic and noise specialists Fire Services Disabled Access
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Trees and the Law

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When the Development Act was amended over a decade ago to introduce protection for significant and regulated trees the original legislation was fairly inflexible. A tree was a regulated tree with a truck circumference of 2.0 metres or more. In the case of trees with multiple trucks of 625 mm or more totalling 2.0 metres its removal is considered development and required development approval. Or a significant tree is specifically listed in the respective Council Development Plan or has an even greater circumference than a registered tree. If a tree was classified as a significant or regulated tree, local council approval was required before substantial pruning or removal. Failure to obtain approval can attract a fine of up to $120,000.  The original controls were restrictive, exemptions few and approval difficult…
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A liquor license sought for Unley Park Bakery

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A Baker that has operated a Bakery on Unley Road since 2010 providing an extensive range of breads, pastries and other baked products wanted to diversify. The premises was classified as Bakery and Café but wanted to extend its trading hours and be able to serve a selection of alcoholic beverages. This was classified as a change of use to Bakery/Café/Restaurant by Council in 2017 because although the subject bakery is located on busy Unley Road this area is zoned residential (Residential RB 300 Zone). When the original proposal was approved by Council in 2009 there was some objections to establishing a Bakery and Cafe from some nearby residents. Because the change of use included a Restaurant in a residential zone the use was classified as non-complying again requiring extensive…
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Digital Signage and Advertising

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It is nothing new having large signs advertising a product on the blank walls of buildings. This “Peapes” clothing sign in George Street, Sydney would be something like 100 years old In close proximity to this very old sign is an equally large new sign I find these signs visually more attractive than a blank expanse of wall. Given the technological age we live in the new signs for blank walls are usually digital and change message every 60 seconds or so. Provided the sign is framed by the structure behind and does not project over the top or out to the side of the building I believe they add interest and do not detract from the visual environment. This Nova sign on the side of a building suits it…
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Contributory Items

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In the older suburbs of Adelaide besides individually listed State and Local Heritage items there are also Contributory Items sited in Historic Conservation Areas. These items usually buildings can also encompass land, structures and landscaping. Generally with respect to buildings they do not necessarily warrant individual heritage listing but are considered to contribute to the general streetscape. Conversely Councils have also listed non-contributory items that detract from their streetscape and their redevelopment is therefore encouraged. As a general rule contributory items can be redeveloped with rear extension and/or a second storey (possibly within the roof space). However the redevelopment needs to be undertaken in such a way as not to detract from the appearance of the building from the street. Therefore design elements become relevant such as:- Complementary roof pitch Scale…
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HOW TRENDY IS GIN

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Gin seems to be undergoing a resurgence evidenced by the number of gin bars opening around town promoting particularly locally made gins and a wide selection of new fashionable mixers. So not surprising I had the pleasure in being involved in the selection of a suitable site for a gin distillery. After a number of sites were rejected a site in Thebarton was selected in an Industry Zone. Given the proposed volume of spirits being produced the use was not considered an activity of “Environmental Significance” with reference to the Development Regulation 1993. Therefore referral to the Department of Environment was not deemed necessary. In fact the neutral spirits will be brought to the site from the Barossa Valley in South Australia. Then on site the spirit will be redistilled…
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NEIGHBOUR DISPUTES CAN GET NASTY QUICKLY

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Who really wins when the battle lines are drawn, relationships become acrimonious and compromise apparently unachievable? Over the years I have been drawn into a number of neighbour disputes from relatively minor stormwater issues, to damaged retaining wall and most seriously to a neighbour’s building encroaching onto the abutting neighbour’s property. It intrigues me how quickly relationships can deteriorate when conflict arises. Admittedly in most cases it appears there where strained relationship to start with or even existing animosity already existed over other issues. Once an issue requiring consensus arises quite quickly lines are drawn, communications break down or name calling starts. When things deteriorate to this level it is very difficult for any progress with the issue being made as egos/money is involved and neither party wants to be…
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HIGH CONNECTIVITY THEREFORE HIGH DENSITY

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We are generally familiar with Urban Growth Corridors that have been created within numerous Council areas and encouraged by the State Government. Generally the corridors encourage higher density mixed use development along busier arterial roads in close proximity to frequent public transport. Recently I obtained an approval for a medium density mixed use development on Brighton Road in close proximity to the Hove train station. The site is located in a District Centre Zone where mixed use development up to three storeys in height is encouraged. However the Holdfast Bay Development Plan was silent about what density of residential development is appropriate. Brighton Road, Hove in front of the development site The original proposal was for six townhouse style development of mostly three storeys with a token  commercial tenancy fronting…
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