Kanmantoo Copper Mine DPA March 2020
PURPOSE OF PRESENTATION • Explain the purpose of the Development Plan Amendment (DPA). • Provide information regarding changes to the DPA as a result of the two month public / government agency consultation process. • Answer some common questions. • Identify next steps. Note: URPS is an urban planning consultancy engaged by Hillgrove Resources.
Existing Development Plan and proposed Development Plan Amendment (DPA)
WHAT IS A DEVELOPMENT PLAN AND DPA? • Development Plans contain the planning controls that guide what can and cannot be developed in a Council area. • Planning authorities (typically Councils) must assess development applications against the policies in a Development Plan. • Only the Minister for Planning or Council can manage an update to a Council Development Plan by undertaking a Development Plan Amendment (DPA) . • A DPA must comply with the requirements of the Development Act and Development Regulations .
EXISTING DEVELOPMENT PLAN POLICIES • The policies in the DPA will supplement existing Council’s “General Section” Development Plan policies. • New development applications within the proposed Urban Employment Zone must be assessed by the planning authority against proposed DPA policies and existing Development Plan policies. • The existing Council Development Plan can be found - https://www.dpti.sa.gov.au/__data/assets/pdf_file/0009/2499 93/Mount_Barker_Council_Development_Plan.pdf
EXAMPLE OF EXISTING DEVELOPMENT PLAN POLICIES • Existing Development Plan modules cover topics such as: • Interface between land use s, including: > Noise generating activities > Air quality > Rural interface > Waste water management • Industrial development • Natural Resources
EXAMPLES OF EXISTING DEVELOPMENT PLAN INTERFACE POLICIES • “Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following: (a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants, (b) noise, (c) vibration, (d) electrical interference, (e) light spill, (f) glare, (g) hours of operation, (h) traffic impacts. • Development should be sited and designed to minimise negative impacts on existing and potential future land uses desired in the locality.”
THE REASON FOR THIS DPA • Large scale mining activities on the site ceased in 2019. The cessation of mining activities has provided opportunities for the reuse of site facilities and existing infrastructure to facilitate industrial / employment development . • The DPA proposes to rezone a portion of the mine (see next slide) from Primary Production to Urban Employment Zone. • The proposed Urban Employment Zone establishes the policy framewor k that will be incorporated within Council’s Development Plan. • All new development applications will be judged against the updated Development Plan (including proposed DPA policies and those sections previously highlighted).
PROPOSED AREA TO BE REZONED
SAMPLE OF PROPOSED DPA POLICY OBJECTIVES • “A mixed use employment zone that accommodates a range of industrial land uses together with other related employment and business activities that generate wealth and employment for the State. • A high standard of development which promotes distinctive building, landscape and streetscape design, with high visual and environmental amenity . • Development that contributes to the improvement of the physical, social and economic conditions of adjoining communities where appropriate.”
Post consultation changes to the DPA
KEY DPA CHANGE • Delete reference to “special industry” as an envisaged land use within the Zone. Special industry is now listed as a “non- complying” development (i.e. not desired/not appropriate). • The term “special industry” is defined in the development regulations. It is typically a form of industry that has the potential of resulting in greater levels of interface issues with its neighbours.
Key community questions / issues
WHAT ARE THE PROCESSES TO ENSURE INDEPENDENCE OF THE PROPONENT FUNDED DPA? • The DPA is funded by Hillgrove Resources for the reasons mentioned. • However, it is a Council managed DPA that is assessed/processed in accordance with State legislation. • In accordance with Council’s Privately Funded Development Plan Policy and in addition to compliance with legislative processes, Council commissioned its own independent planning consultants to review the DPA . • If Council supports the DPA, it needs to be further assessed by the Department of Planning, Transport and Infrastructure / Minister for Plannin g. • The Minister’s decision can be reviewed by the Environment, Resources and Development Committee of Parliament .
FUTURE INDUSTRIES MAY IMPACT ON RESIDENTS (E.G NOISE, ODOUR, 24 HOUR OPERATION) • The DPA has excluded “special industry” from the Zone. • The mentioned objectives of the DPA require new industrial developments to be of a high quality outcomes . • The existing Council’s Development Plan “General Section” contains a range of development controls relating to new developments avoiding noise, dust and environmental issues . • All new development applications will be judged against the updated Council Development Plan (including consolidated DPA policies). • All new developments will also need to comply with EPA policies .
CONSIDER EXCLUDING SCHEDULE 21 AND 22 DEVELOPMENTS FROM THE ZONE • The Development Regulations refer to a list of activities/developments (Schedule 21 and 22) that require development applications to be referred to the EPA for their comments . • Schedule 21 and 22 activities can include milling of agricultural crops, large scale agricultural packaging sheds, manufacturing and wineries. These developments may be appropriate in the new Urban Employment Zone . • It would be extremely rare (if at all), that an Urban Employment / Industry Zone would exclude these developments. It is not proposed to exclude these developments from the new Zone
POOR CONDITION OF ROAD - HOW WILL NEW DEVELOPMENTS ACCESS THE REZONED LAND? • Vehicles will access the zone via the existing private mine road. • If Council chooses to approve the DPA, a road infrastructure agreement is being prepared by Council’s lawyers that may require the private mine road to be upgraded / sealed by the owner/s of the Urban Employment Zone and transferred to Council as a public road. • The upgrade and transfer will be linked to the operation of the Urban Employment Zone and subject to vehicle movement rates .
WILL THE PROPOSED URBAN EMPLOYMENT ZONE IMPACT ON HERITAGE SITES? • There are no recorded heritage sites within the boundary of the area are proposed to be rezoned to Urban Employment. • The Urban Employment Zone will not impact on these sites. • Development Plan and DPA policies ensure new developments within the proposed Urban Employment Zone should be of a high standard and not detrimentally impact on adjoining sites (including heritage sites). • The DPA does not preclude items being added to the State Heritage Register by the Department for Environment and Water.
TOURISM ACTIVITIES SHOULD NOT BE DISCOURAGED? • Subject to being compatible with urban employment developments, tourism development applications could be approved subject to meeting typical Development Plan policies.
HOW WILL THE PROPOSED PLANNING AND DESIGN CODE AFFECT THE DPA? • The Planning and Design Code (the Code) is a State Government project that will replace all Council’s Development Plans with new Code policies. • The Code is likely to be introduced by the State in late 2020. • The State’s objective is to ensure there is a “like for like” transition of Development Plan / DPA policies with new Code policies. That is, the Code is likely to replace the proposed Urban Employment Zone with a similar zone. • State Government officers have indicated that the Code will transition the DPA to Employment Zone.
Next Steps
NEXT STEPS • Council receives additional community feedback. • Council staff review / updates the draft “Summary of Consultation and Proposed Amendments (SCPA) Report” (available on request) • Council’s Elected Members formally consider the community, government agency comments and updated DPA. Council can: • Approve the DPA with no additional changes & forward it to DPTI / Minister for Planning; • Approve the DPA with additional amendments & forward it to DPTI / Minister for Planning; or • Cancel the DPA.
NEXT STEPS • DPTI will review the DPA and request amendments if required. • The Minister for Planning formally considers all submissions and the DPA and can: • Approve the DPA with no additional changes; • Approve the DPA with additional amendments; or • Refuse to proceed with the DPA. • Any approval of a DPA can be reviewed by the Environment Resources and Development Committee of Parliament .
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