South Australian Consolidated Acts South Australian Consolidated ActsGOLDEN GROVE INDENTURE
THIS INDENTURE made the 30th day of October 1984 BETWEEN: THE STATE OF SOUTH
AUSTRALIA (hereinafter referred to as "the State") of the first part and
DELFIN PROPERTY GROUP LIMITED a company incorporated under the provisions of
the Companies (NSW) Code and having its registered office in the State at 65
Greenhill Road, Wayville in the said State (hereinafter referred to as
"Delfin") of the second part and the SOUTH AUSTRALIAN URBAN LAND TRUST a body
corporate pursuant to the provisions of the Urban Land Trust Act, 1981,
(hereinafter referred to as "SAULT") of the third part.
WHEREAS:
(A) The State is desirous of encouraging
the development of land for the general benefit of its residents.
(B) SAULT is possessed of an estate in fee
simple in land generally located in an area of the State known as Golden Grove
such land being held for and on behalf of the Crown by virtue of subsection
(2) (e) of section 6 of the Urban Land Trust Act, 1981.
(C) Delfin is an experienced land
developer.
(D) SAULT and Delfin have by an instrument
of even date entered into a Joint Venture Agreement for the purposes of
developing the land owned by SAULT or hereinafter acquired by SAULT pursuant
to such Joint Venture Agreement.
DIVISION 1—DEFINED TERMS
1.1 This Indenture as
the same may be varied or replaced from time to time shall be known as "The
Golden Grove Indenture" and is referred to herein as "this Indenture".
1.2 In this Indenture
and in the Schedules hereto except where terms and expressions are expressly
defined hereunder the Acts Interpretation Act of the State shall apply to the
construction and interpretation of this Indenture as if this Indenture were an
Act and in this Indenture unless in the context by express words or necessary
implication a contrary intention appears:
"arterial road" means unless otherwise agreed between the Joint Venturers and
the Commissioner of Highways a road comprising a vehicle carriage way
contained within a road reserve at least 25 metres in width consisting of a
vehicle carriage way with at least two travel lanes in each direction with a
dividing strip separating the lanes for one direction of travel from the lanes
for the other direction.
"collector road" means a road comprising a vehicle carriage way and pedestrian
walkway contained within a road reserve greater than 15 metres in width but
less than 25 metres in width consisting of a vehicle carriage way more than
8.5 metres in width and a pedestrian walkway on either side of the vehicle
carriage way.
"the Commencement Date" means the date upon which the Golden Grove (Indenture
Ratification) Bill, 1984, (hereinafter defined) comes into operation as
an Act (and when hereinafter appearing the expression "the Ratifying Act"
means the Golden Grove (Indenture Ratification) Bill, 1984, when it comes
into operation as an Act).
"Commission" means the South Australian Planning Commission constituted under
the Planning Act, 1982.
"Council" means the Corporation of the City of Tea Tree Gully or any successor
thereto or any other Corporation as the Local Government body responsible for
the Development Area.
"the Development Area" means the area contained within and bounded by a line
on the plan set out in the First Schedule to this Indenture and hatchured and
more particularly described in the Second Schedule to this Indenture as may be
varied from time to time by proclamation of the Governor.
"ETSA" means the Electricity Trust of South Australia a body corporate
pursuant to the provisions of the Electricity Trust of South Australia
Act, 1946, and any successor which assumes within the Development Area
the same, or substantially the same, functions as are performed by ETSA at the
date hereof.
"The Joint Venturers" means Delfin and SAULT jointly when discharging their
respective obligations under the Joint Venture Agreement.
"The Joint Venture Agreement" means the agreement referred to in the recital
hereto bearing even date and entered into between Delfin and SAULT.
"the Minister" means the Minister of the Crown to whom for the time being is
committed the administration of the Planning Act.
"related Corporation" and "associated person" shall respectively bear the
meaning and interpretations accorded to those expressions contained in the
Companies (South Australia) Code .
"road" includes earthworks, road foundations, road pavement, road drainage
structures, bridges and kerbs, medians and traffic control devices and street
lighting.
"SAHT" means the South Australian Housing Trust a body corporate pursuant to
the provisions of the South Australian Housing Trust Act, 1936, and any
successor which assumes within the Development Area the same, or substantially
the same, functions as are performed by SAHT at the date hereof.
"screening reserve" means an area of 4.1 metres in width or less separating a
road reserve and residential or other areas which restricts access from the
road reserve to such areas and in which is planted trees and shrubs of a
density sufficient to generally provide a visual barrier between the road and
adjoining areas.
1.3 In this Indenture
and in the Schedules hereto where the case so admits or requires:
(a) Headings (save and
except for Division and clause and subclause numbers) shall form no part of
nor shall they be used in an interpretation of this Indenture;
(b) Reference to any
Act, regulation or by-law shall be deemed to include all amendments thereto
and to all statutory or other provisions from time to time substituted
therefor and reference to any particular section of any Act or paragraph of
any regulation or by-law shall be deemed to include all amendments thereto and
all statutory or other provisions from time to time substituted therefor;
(c) Reference to any
Minister of the Crown includes the person for the time being holding the
office or performing the duties of such Minister.
DIVISION 2—RATIFICATION
2.1 As soon as is
reasonably practicable after the due execution of this Indenture, the
Government of the State shall sponsor and introduce into the Parliament of the
State a Bill for an Act to be intituled "The Golden Grove (Indenture
Ratification) Act, 1984 " and endeavour to secure its passage and have it
come into operation as an Act prior to 31st day of December, 1984, for the
purposes (amongst other things) of:
(a) Approving and
ratifying this Indenture and providing for the carrying of this Indenture into
effect;
(b) Authorising,
empowering and requiring the State and any Minister mentioned herein to do all
things necessary or expedient for the carrying out and giving of full effect
to this Indenture;
and
(c) Amending certain
Acts of Parliament of the State in so far as such amendments are required to
give full effect to this Indenture. The Bill shall be in the form now produced
to and signed in the margin thereof by the signatories to this Indenture for
the purposes of identification.
2.2 Clauses 2.1, 2.2
and 2.3 of this Indenture shall come into operation and take effect upon the
due execution of this Indenture by the parties hereto.
The remainder of the clauses of this Indenture shall operate and take effect
upon the Golden Grove (Indenture Ratification) Bill, 1984, commencing to
operate as an Act.
2.3 If the Golden
Grove (Indenture Ratification) Bill, 1984, does not come into operation
as an Act on or before the 31st day of December, 1984, or such later date as
the parties to this Indenture may agree in writing, in the same terms as those
now contained in the Golden Grove (Indenture Ratification) Bill, 1984, or
in such other terms as the parties hereto otherwise agree in writing, this
Indenture shall lapse on and with effect from that date and in that event none
of the parties hereto shall have any claim at law or in equity against any
other of them with respect to any act, matter or thing arising out of, done,
performed or omitted to be done or performed under this Indenture.
DIVISION 3—PRIMARY COVENANTS
3.1 Delfin and SAULT
each hereby covenant that subject to the provisions hereof together as joint
venture parties they shall progressively develop the land owned by SAULT
contained in the Development Area in accordance with the Joint Venture
Agreement and in such regard they do each separately covenant that they shall
discharge these obligations one to the other and pursue their common purpose
in an ethical and commercial manner at all times consistent with the Paramount
Objectives set forth in the Third Schedule.
3.2 The State hereby
covenants with the Joint Venturers that the State shall give full support,
sponsorship and assistance in all acts, matters or things the subject of or
contemplated by this Indenture, and shall not do or omit to do or cause
anything to be done or omitted to be done which would or might tend to be
inconsistent with the terms, objects, intent and purpose of this Indenture nor
prohibit without just cause nor unreasonably interfere with due and proper
performance of obligations or the exercise of rights by either or both of the
Joint Venturers or their related corporations or associated persons under or
in relation to activities contemplated by this Indenture or any agreement
contemplated herein.
DIVISION 4—PLANNING
PART A—Supplementary Development Plans
4A.1 The Supplementary
Development Plan contained in the Fourth Schedule hereto shall at the
Commencement Date amend the Development Plan constituted under Part IV of the
Planning Act, 1982, and replace all schemes, regulations and directions
prepared under the Tea Tree Gully (Golden Grove) Development Act presently
applying to the Development Area and as hereby amended the Development Plan
shall on the Commencement Date constitute the Development Plan applying to the
City of Tea Tree Gully for the purposes of Part IV of the Planning
Act, 1982.
4A.2 Section 41 of the
Planning Act, 1982, shall apply in relation to the Development Area:
(a) as if a reference
in that section to a council were a reference:
(i)
to the council the area of which includes the Development
Area; or
(ii)
to the Joint Venturers;
and
(b) as if a reference
in that section to the area of a council were a reference to the Development
Area.
4A.3 Where the
Minister has received a Supplementary Development Plan (together with the
Statement referred to in subsection (4) of section 41 of the Planning
Act, 1982) submitted by the Joint Venturers he shall:
(a) approve the
Supplementary Development Plan as submitted;
or
(b) amend the
Supplementary Development Plan (after consultation with the Joint Venturers
and any council affected by the Plan) having regard to any submissions of the
Golden Grove Advisory Committee (constituted under Division 5) or any other
relevant matter and approve the Plan as amended;
or
(c) reject the
Supplementary Development Plan.
Any Supplementary Development Plan approved under this clause shall be deemed
to have been approved under section 41 of the Planning Act, 1982, and
save as aforesaid subsections (5) to (11) inclusive and (13), (14) and (15) of
that section shall not apply to such Supplementary Development Plan. The
Minister shall not capriciously withhold his approval to or amend or reject
any Supplementary Development Plan submitted to him as aforesaid.
4A.4 Any Supplementary
Development Plan affecting the Development Area whether expressly or by
necessary implication shall not be submitted to the Minister without the
written consent of the Joint Venturers first had and obtained.
PART B—Division of Land
4B.1 —
(a) The Joint
Venturers shall during the preparation by them of any plan of land division
within the Development Area consult with and ascertain the land purchasing
requirements of such Ministers of the Crown or other government authorities or
agencies of the Crown as the Minister may advise.
(b) The Joint
Venturers shall provide to the Minister a copy of each approved plan of land
division and indicate thereon all allotments sold or intended for sale to any
Minister of the Crown, government authority or agency of the Crown and shall
supply to the Minister on a quarterly basis or as is otherwise reasonably
required by the Minister a report containing such information as the Minister
may reasonably require giving details of all negotiations and transactions
involving Public Housing or other government authorities or agencies of the
Crown in which the Joint Venturers have been involved since the previous
report, including details of provisions for future requirements and the extent
to which the Joint Venturers consider such transactions are implementing the
Paramount Objectives.
(c) Each plan of land
division shall, in addition to the requirements of the
Real Property Act, 1886, show those areas of reserve land to be set aside
for the purposes set forth in Division 9 of this Indenture and all such
reserve land shall vest in fee simple in the Council. Such land may for those
purposes at the discretion of the Council be placed under the care control and
management of the controlling body (as hereinafter constituted) and the plan
shall indicate accordingly.
4B.2 Notwithstanding
the provisions of subsection (6) of section 47 of the Planning Act, 1982,
the Council shall not consent to any development of a kind prohibited by
virtue of subsection (5) of section 47 of the Planning Act, 1982, without
the written concurrence of the Joint Venturers first had and obtained.
4B.3 The Council and
the Commission shall each issue a "Statement of Requirements" within the
meaning of the Real Property Act, 1886, in respect of each plan of land
division submitted by the Joint Venturers as soon as is reasonably practicable
after such submission. If any such Statement is not issued by the Council or
the Commission within 60 days after submission of such plan, the Council or
the Commission (as the case may be), shall be deemed for the purposes of Part
XIXAB of the Real Property Act, 1886, to have no requirements in respect
of the plan and to have issued a Certificate of Approval under section 223 l f
or 223 l g (as the case may be) of that Act in respect thereof.
4B.4 In the land
division process, any disagreement between the Joint Venturers and either the
Council or the Commission concerning the reasonableness of any requirement or
requirements or their satisfaction shall be referred to arbitration pursuant
to the arbitration provision hereof and to the extent that any such
requirement is found to be unreasonable it shall not be a requirement for the
purposes of any "Statement of Requirements".
4B.5 All division of
land undertaken by the Joint Venturers in the Development Area shall be dealt
with as if SAULT was not referred to in the Seventh Schedule to the
Development Control Regulations, 1982, and any disagreement between the
Joint Venturers and the Council consequent upon either the refusal of the
Council to grant any approval under the Planning Act, 1982, or any
condition imposed upon any such approval shall be referred to arbitration
pursuant to the arbitration provisions hereof, and no appeal or other
proceedings relating to any approval so granted shall be commenced before or
heard by the Planning Appeal Tribunal established pursuant to the said Act.
PART C—Environmental Impact Statements
4C.1 Paragraph (b) of
subsection (1) of section 49 of the Planning Act, 1982, shall not apply
to any development undertaken by the Joint Venturers within the Development
Area pursuant to this Indenture.
4C.2 If the Minister
prepares or arranges for the preparation of a draft Environmental Impact
Statement pursuant to paragraph (a) of subsection (1) of section 49 of the
Planning Act, 1982, in relation to any development or project proposed
within the Development Area he shall, upon receipt of the same submit the same
to the Joint Venturers and after considering any submissions thereon determine
what (if any) amendments should be made to the Environmental Impact Statement
and, after those amendments have been made, signify by notice to the Joint
Venturers and any authority or body or person proposing to undertake such
development or project that the Statement is officially recognised for the
purposes of section 49 of the Planning Act, 1982.
4C.3 The Minister may
from time to time amend, or require the amendment of, an Environmental Impact
Statement to which official recognition has been accorded as aforesaid in
order to correct an error or to make modifications that are desirable in view
of more accurate or complete data or technological or other developments not
contemplated at the time of the original recognition provided at least 28 days
notice of such proposed alteration is given to the Joint Venturers.
4C.4 Save as aforesaid
the provisions of subsections (2) to (4) inclusive of section 49 of the
Planning Act shall not apply to any development or project to be undertaken by
the Joint Venturers within the Development Area.
PART D—General
4D.1 The State shall
use its best endeavours to ensure that no declaration is made under section 50
of the Planning Act, 1982, which refers expressly or by necessary
implication to development within the Development Area unless the Minister has
first consulted with the Joint Venturers and given them a reasonable
opportunity to make representations with respect to any such intended
declaration.
DIVISION 5—GOLDEN GROVE ADVISORY COMMITTEE
5.1 The State shall as
soon as is reasonably practicable after the Commencement Date establish a
committee entitled the Golden Grove Advisory Committee (hereinafter referred
to as "the Committee").
5.2 The Committee
shall consist of five members appointed by the Governor, of whom one shall be
a person nominated by the Council and another (who shall be chairman of the
Committee) shall be the Chairman of the Committee administering the Joint
Venture pursuant to the Joint Venture Agreement.
5.3 Each member of the
Committee shall vacate his office at the expiration of two years from the date
of his appointment and shall be eligible for reappointment.
5.4 —
(a) The Governor may
remove a member of the Committee from office on grounds of:
(i)
mental and physical incapacity;
(ii)
dishonourable conduct;
(iii)
neglect of duty; or
(iv)
if any nomination upon which an appointment was made is
revoked by instrument in writing addressed to the Minister.
(b) The office of a
member of the Committee shall become vacant if:
(i)
he dies;
(ii)
his term of office expires;
(iii)
he resigns by notice in writing addressed to the
Minister; or
(iv)
he is removed from office by the Governor pursuant to
paragraph (a) of this clause.
5.5 The Minister shall
provide and make available to the Committee such staff as may be necessary for
the satisfactory administration of the Committee.
5.6 The Committee may,
with the approval of a Minister administering a Department of the Public
Service, make use of the services of officers of that Department.
5.7 The Committee may,
with the approval of a council, make use of the services of officers or
employees of that council.
5.8 The Committee may,
with the approval of the Joint Venturers, make use of the services of officers
or employees of the Joint Venturers or SAULT or Delfin.
5.9 Any approval given
in accordance with clauses 5.6, 5.7 and 5.8 may be subject to such conditions
and limitations as the grantor of such approval may consider appropriate.
5.10 The Joint
Venturers shall, during their preparation of any Supplementary Development
Plan, consult with the Committee and shall refer any such plan to the
Committee for comment not less than two months (or such lesser period as the
Committee may from time to time determine) prior to submission of such plan to
the Minister.
5.11 Upon reference to
it of any Supplementary Development Plan referred to in clause 5.10 the
Committee may report to the Minister upon any matter contained within the
Plan, and in addition thereto, any member of the Committee may make
submissions to the Minister upon any matter contained within the Plan PROVIDED
HOWEVER that nothing contained in this clause shall prevent the Minister from
proceeding to approve the plan under clause 4A.3 immediately upon its
submission to him.
DIVISION 6—PUBLIC HOUSING
6.1 The Joint
Venturers shall confer with the SAHT on the planning, development, and pricing
of developed land within the Development Area to the extent that such matters
affect the reasonable requirements of the SAHT within the Development Area.
6.2 The Joint
Venturers shall, at the earliest opportunity prior to the submission of a plan
of land division to the Council, ascertain the requirements of the SAHT as
regards its intended involvement (whether as purchaser of allotments or
otherwise) as a provider of public housing within the area contained on such
plan.
6.3 The Joint
Venturers shall offer to SAHT at fair market value (being the price at which
the Joint Venturers would effect the sale of residential allotments to private
builders or others buying land in similarly large quantities) appropriate
residential land in the Development Area sufficient to satisfy the SAHT
requirements and to enable the SAHT to secure for its own purposes between
twenty-five (25) and thirty (30) per cent of the total dwelling units in the
Development Area.
6.4 The State shall
ensure that the SAHT shall purchase from SAULT through the Joint Venturers or
from subsequent owners sufficient land and/or dwellings as shall be necessary
to enable the SAHT to secure or provide for a total of between twenty-five
(25) and thirty (30) per cent of the total dwelling units to be built in the
Development Area.
6.5 The SAHT shall
develop all vacant allotments purchased by it from the Joint Venturers in
accordance with methods and practices designed to comply with the Paramount
Objectives, and in particular paragraph 3 of such Objectives. Such development
shall be in accordance with standard requirements for development imposed by
the Joint Venturers uniformly throughout any particular land division and in
accordance with an encumbrance in favour of SAULT to be registered over all
allotments in the Development Area.
DIVISION 7—PUBLIC WORKS
7.1 The proposals for
public services contained in this Indenture (including arterial and collector
roads, water and sewerage works, electricity works, stormwater drainage and
retention) are acknowledged by all parties as essential works that shall be
carried out in accordance with the Paramount Objectives, in such manner and in
such stages as will ensure that the Development Area is systematically and
economically provided with all adequate services when reasonably required by
the Joint Venturers.
7.2 All public works
constructed or caused to be constructed by the Joint Venturers within the
Development Area (including all public streets and ancillary services) shall
be maintained by the Joint Venturers for a period of not less than six months
after their date of completion.
7.3 In the event that
any latent or other defect(s) appear in such works within a period of 12
months from their date of completion and the Joint Venturers are notified of
such defect(s) within a reasonable time, such latent or other defect(s) shall
be remedied by and at the cost and expense of the Joint Venturers as soon as
reasonably practicable after such defect(s) become apparent.
7.4 Notwithstanding
anything implied herein to the contrary the Joint Venturers shall not be
responsible for any latent or other defect(s) in works undertaken by the State
or the Council.
7.5 For the purposes
hereof the date of completion shall be deemed to be the date when a consulting
engineer nominated by the Joint Venturers and approved by the Minister
certifies that such works are practically complete.
PART A—Roads
7A.1 The State shall,
at no cost to the Joint Venturers, design construct and maintain or cause to
be designed constructed and maintained all arterial roads required within and
external to the Development Area as are required for its development as
generally delineated on the plan annexed hereto as the Fifth Schedule hereto
in accordance with a programme for design construction and completion to be
prepared by the Commissioner of Highways and the Joint Venturers and as far as
is reasonably practicable and in accordance with Division 3, such programme
shall accommodate the Joint Venturers' reasonable requirements.
7A.2 The Council shall
at its cost design and construct or cause to be designed and constructed the
collector roads which approximate the alignments of John Road and Yatala Vale
Road east and west of the north south arterial road as generally delineated on
the said plan and the screening reserves and fencing applicable thereto.
7A.3 The Joint
Venturers shall at their cost design and construct or cause to be designed and
constructed all other collector roads and screening reserves and fencing
applicable thereto required within the Development Area in accordance with
plans and specifications and a construction schedule to be agreed between the
Joint Venturers and the Council [or if not agreed then as fixed by the
Commissioner of Highways] PROVIDED HOWEVER, that, the Council shall contribute
forty (40) percent of the cost of design and construction and maintenance
(pursuant to clause 7.2) of the first 13 kilometres of the aggregated
length of such other collector roads.
7A.4 Contribution
payments to be made by the Council in respect of road design and construction
referred to in clause 7A.3 shall be made to the Joint Venturers within 28 days
of the production to the Council of a certificate by an engineer nominated by
the Joint Venturers and approved by the Commissioner of Highways certifying
the amount payable in respect of such design and construction as is specified
in the certificate.
7A.5 The Joint
Venturers shall give to the Council or its nominee a reasonable opportunity to
tender for the construction of the collector roads referred to in clause 7A.3
and shall (subject to prudent commercial considerations) award the tender to
the Council or its nominee if the same is competitive with other tenders.
7A.6 SAULT shall for
no consideration transfer to the Commissioner of Highways or the Council (as
the case may require) any land required for road purposes.
7A.7 Notwithstanding
anything contained in any Act or in any by-law or regulation made thereunder,
the Joint Venturers shall not be required to form, construct, pave or seal, or
to make any binding arrangement for the forming, constructing, paving or
sealing of the roadway of any existing or proposed road within the Development
Area (other than arterial roads and collector roads) in a width in excess of
7.4 metres and shall not be required to pave any road or street with a
pavement of a higher standard than that which in accordance with recognised
engineering design practice is appropriate to the traffic to be carried by
that road.
PART B—Sewerage and Water Supply
7B.1 The State shall,
at no cost to the Joint Venturers, design, construct and install, or cause to
be designed, constructed and installed, the following works (both external to
and within the Development Area):
(a) Augmentation works
associated with the Dry Creek Trunk sewer;
(b) Extension of the
existing 450 mm Golden Grove Trunk sewer and the existing 300 mm Golden Grove
North sewer to provide the normal sewer drainage services throughout the
Development Area;
(c) All sewer pumping
stations and rising mains required;
(d) All sewer mains
and associated works in respect of sewer mains with diameters larger than 150
mm (except for 225 mm sewer mains specifically serving retail, commercial or
industrial development within retail, commercial or industrial zones);
(e) All water storage
tanks, pumping stations, and associated works;
(f) Water mains with
diameter larger than 150 mm; and
(g) All water supply
and sewerage works outside the Development Area as shall be reasonably
required to provide adequate water supply and sewerage services within the
Development Area.
Provided that where the State installs mains of a greater diameter than 150 mm
in residential streets (other than collector roads) where the Joint Venturers
would normally be expected to install 150 mm mains, the Joint Venturers shall
pay to the State the cost they would have incurred had they installed the 150
mm mains.
7B.2 The Joint
Venturers and the nominee of the Minister of Water Resources shall as soon as
is reasonably practicable confer and prepare a programme for completion of the
works referred to in clause 7B.1 and, as far as is reasonably practical and in
accordance with Division 3, such programme shall accommodate the Joint
Venturers' reasonable requirements.
7B.3 The Joint
Venturers shall, at no cost to the State, construct and install or cause to be
constructed and installed the following works:
(a) All sewer mains
and associated works in respect of sewer mains of 150 mm diameter or less.
(b) All sewer
connections.
(c) All subdivisional
sewerage works including sewer connections.
(d) All water mains
with diameter of 150 mm or less including services in respect thereof.
(e) All subdivisional
water mains and services.
(f) All 225 mm sewer
mains and associated connections specifically serving retail, commercial or
industrial development within retail, commercial or industrial zones.
7B.4 The construction
and installation of all works contained in this Part shall be carried out
under the supervision of the Minister of Water Resources or his nominees and
all fees costs or other charges normally payable to the Minister of Water
Resources for or in connection with any design, documentation and supervision
shall be payable by the Joint Venturers with respect to works referred to in
clause 7B.3.
7B.5 if the cost of
providing electric power connections to a pumping station required pursuant to
clause 7B.1 exceeds the amount payable in respect of normal connections to
such a station, the Minister of Water Resources may request the Joint
Venturers to contribute to the excess costs payable.
PART C—Electricity
7C.1 The Council
shall, as soon as is reasonably practicable after the Commencement Date, cause
the Development Area to be designated an underground mains area for the
purpose of electricity mains of 11 kV or less, but excluding transmission
lines to supply substations in the Development Area (which lines shall be
overhead).
7C.2 The State will
cause to be supplied to and within the Development Area the services necessary
to connect all improvements within the Development Area and all necessary
public facilities with an appropriate supply of electricity.
7C.3 The Joint
Venturers shall provide ETSA with a suitable site for a substation and routes
for overhead transmission lines to provide electricity supply effectively to
the Development Area.
7C.4 The Joint
Venturers and ETSA shall as soon as reasonably practicable after the
Commencement Date prepare a programme for the construction of transmission
lines and a substation and the development of land within the Development Area
such that the electricity supply from the substation can be connected within
the Development Area in an orderly manner.
PART D—Stormwater Drainage, Creek Diversion (Hydrology)
7D.1 A review of the
existing drainage studies as they effect the drainage of the Development Area
(contained in the publications known as Hydrology - Dry Creek Drainage Basin -
June 1980, and Hydrology - Little Para River Drainage Basin September, 1981)
shall be undertaken as soon as is reasonably practicable after the
Commencement Date by a consulting engineer nominated by the Joint Venturers
and approved by the Commissioner of Highways, the Council or the relevant
drainage authority. In the event that no agreement is reached as to an
approved consulting engineer the Commissioner of Highways shall appoint a
suitable consulting engineer. The cost of such review shall be borne by the
Joint Venturers.
7D.2 The review
referred to in clause 7D.1 shall provide a recommended drainage strategy for
the Development Area which is acceptable to the Joint Venturers, the Council,
any relevant drainage authority and the Commissioner of Highways.
7D.3 The cost of
providing stormwater drainage works within the 40 hectares of uppermost
elevation of all catchment areas within the Development Area and all
sub-divisional stormwater drainage shall be borne by the Joint Venturers.
7D.4 The cost of
providing for all flood control structures and all stormwater drainage works
other than those referred to in clause 7D.3 shall be borne by the Council or
the relevant drainage authority and the State in accordance with the
requirements of the State Government Stormwater Drainage Subsidy Scheme
administered by the Commissioner of Highways. All flood control structures
shall be constructed by the relevant drainage authority or such other person
or body as the State may determine.
7D.5 All drainage
works within the Development Area except flood control structures shall be
constructed or caused to be constructed by the Joint Venturers unless
otherwise agreed between the Joint Venturers and the relevant drainage
authority. Any such construction shall be carried out in accordance with a
construction programme to be prepared jointly by the relevant drainage
authority and the Joint Venturers and as far as is reasonably practicable,
such programme shall accommodate the Joint Venturers' reasonable requirements.
7D.6 Any costs payable
to the Joint Venturers under this part shall be paid within 28 days of the
production to the Council and the Commissioner of Highways and any relevant
drainage authority of a certificate by an engineer nominated by the Joint
Venturers and approved by the Minister of the amount payable at a date
specified in the certificate in respect of such drainage works.
7D.7 The Joint
Venturers shall give the Council or the relevant drainage authority or its
nominee a reasonable opportunity to tender for the construction of drainage
works to be constructed by the Joint Venturers but at the cost of others and
shall (subject to prudent commercial considerations) award the tender to the
Council or authority or its nominee if the same is competitive with other
tenders.
7D.8 The Joint
Venturers may without being liable in any way for the payment of compensation
or damages (other than damages arising out of any negligent act or omission)
divert change remove alter re-channel and without derogating from the
particularity of the foregoing powers vary in any way the watercourses
(including the banks) and the flow of water or do either or both of those
things of and in any creek stream or river within the Development Area.
PART E—General
7E.1 Where the Joint
Venturers require the supply of services to the Development Area by Australian
Telecommunication Commission or some other Commonwealth or independent or
private body or organization, the State shall, at the request and cost of the
Joint Venturers, use its best endeavours to assist the Joint Venturers in
obtaining such services as and when required by them.
7E.2 The Public Works
Standing Committee Act, 1927, shall not apply to or in relation to any
works carried out under this Division.
7E.3 All programmes to
be prepared in pursuance of this Division shall, as far as is reasonably
practicable and in accordance with Division 3, accommodate the reasonable
requirements of the Joint Venturers and any disagreement between the Joint
Venturers and those persons or Authorities charged with the responsibility for
the preparation of such programmes as to the reasonableness of any
requirements of the Joint Venturers or the work to be constructed or the
responsibility therefore or the cost thereof shall be resolved in accordance
with the arbitration procedures provided herein.
DIVISION 8—RESERVES
8.1 SAULT shall
provide 240 hectares of land from within the Development Area as reserve or
other similar open space at no cost to the State or the Council, and save as
provided in clause 8.2 such reserves shall be formed around existing
watercourses. In calculating such area no allowance shall be made for any part
of the existing reserve or oval known as Tilley Park presently owned by the
Council.
8.2 At least
twenty-five (25) percent of such land shall be provided for purposes of active
recreation and associated facilities and other uses including the purposes set
forth in Division 9 and shall be located to best achieve those purposes.
8.3 Such 240 hectares
shall not include land used for screening reserves along arterial and
collector roads.
8.4 The Joint
Venturers shall cause to be prepared and landscaped all reserves provided by
SAULT pursuant to clause 8.2 within the Development Area save and except
sports grounds. The Joint Venturers shall carry out such preparation and
landscaping in accordance with high standards of modern subdivisional practice
and in accordance with sketch plans submitted to and agreed with the Council.
8.5 Council shall
assume the responsibility for the maintenance of such reserves 12 months
after completion.
8.6 Notwithstanding
the provisions of the Real Property Act, 1886, the requirements of
section 223li of that Act shall not apply to any division of land owned by
SAULT within the Development Area.
DIVISION 9—COMMUNITIES FUND
9.1 The Council shall
within two months of the Commencement Date constitute a controlling body to
undertake on behalf of the Council the care control and management of an
undertaking, being a fund to be known as the "Golden Grove Communities Fund"
(which Fund shall be established by the Council for the purposes of this
Division), and being such reserve lands as are vested in the Council pursuant
to clause 4B.1 (c) and as may be placed by the Council (which the Council is
hereby empowered to do) under the care control and management of the
controlling body.
9.2 The controlling
body shall consist of three persons (or such other number of persons as the
Council and the Minister may from time to time consider appropriate) appointed
by the Council of whom one shall be a person nominated by the Joint Venturers
(during the currency of this Indenture and thereafter by SAULT) and another a
person nominated by the Minister.
9.3 The Chairman of
the controlling body shall be a member of Council.
9.4 The Council shall
remove a member from the controlling body upon the revocation of that person's
nomination.
9.5 The controlling
body shall manage apply and use its undertaking for the purposes of benefiting
communities within the Development Area and in particular without limiting the
generality of the foregoing shall apply the Fund in providing financial
assistance (additional to that normally provided by State and Local Government
Authorities) to benefit such communities.
9.6 The controlling
body shall in the carrying out of its functions be and continue to be (save as
hereinafter provided) empowered to receive and expend all moneys paid to it as
hereinafter provided together with any other moneys that may be provided to
the Fund and the Council shall cause to be opened a separate banking account
to be operated by the controlling body in the exercise of the aforesaid
powers.
9.7 The controlling
body may enter into contracts to facilitate the better performance of its
functions.
9.8 In addition to
their other obligations hereunder the Joint Venturers shall pay into the Fund
established by this Division an amount equivalent to 00.45 dollars per centum
of the selling price of each allotment of residential land created by any plan
of land subdivision within the Development Area. Such payments shall be made
at quarterly intervals and calculated upon the basis of the consideration
mentioned in any executed conveyance of residential land. The Council shall
pay into the Fund moneys of equivalent amount to those paid into the Fund by
the Joint Venturers such payments to be made at the same time as the payments
made by the Joint Venturers.
9.9 The Council may at
any time amend vary or otherwise modify or enlarge any of the powers duties
and functions of the controlling body to the extent that the Council and the
Minister may from time to time agree including the abolition of the
controlling body.
9.10 Notwithstanding
the termination of this Indenture the controlling body hereby constituted
shall continue and the provisions of this Division (save and except for clause
9.8) continue to operate as if this Indenture had not been terminated.
DIVISION 10—VARIATION OF DEVELOPMENT AREA
10.1 The Governor may
from time to time by proclamation vary the boundaries of the Development Area
so as to increase the area of land comprised in the Development Area.
10.2 The Joint
Venturers may from time to time recommend to the Governor that the boundaries
of the Development Area be varied so as to increase the area of land comprised
in the Development Area, PROVIDED HOWEVER, that any recommendation of the
Joint Venturers made in pursuance of this clause shall be confined to land
held by or on behalf of the Crown or land owned by or under the care and
control of the Council or land owned by Delfin and may not have the effect of
including any other land.
10.3 Any land brought
within the Development Area by virtue of a proclamation made under clause 10.1
shall not be sold without first giving SAULT two months written notice and
affording to SAULT a continuing opportunity to purchase such land within such
two month period.
10.4 The State shall
not permit the residential development of any land held at any time by or on
behalf of the Crown adjacent to the Development Area without first giving
SAULT two months written notice and affording to SAULT a continuing
opportunity to purchase such land for the purposes of the Joint Venture
Agreement within such two month period.
DIVISION 11—HERITAGE
11.1 The Joint
Venturers shall ensure that all proper steps are taken to ensure that heritage
items of identified State significance within the Development Area, namely,
the principal buildings of the properties known as Surrey Farm, Ladywood Farm
and Petworth Farm, are maintained and reserved for ultimate community use.
DIVISION 12—ROAD CLOSURE
12.1 Notwithstanding
the provisions of the Roads (Opening and Closing) Act, 1932 , the
Commissioner of Highways shall, by notice published in the Government Gazette
, close such road or roads, or part of such road or roads, within the
Development Area as is specified in a notice in writing given by the Joint
Venturers, and may, after consultation with the Council, by notice so
published, close any road or part of any road generally abutting the
Development Area, upon written notice from the Joint Venturers requesting such
closure.
12.2 Notwithstanding
the provisions of the Roads (Opening and Closing) Act, 1932 , any road
(including any road reserve in which such road is situated) within or
generally abutting the Development Area shall immediately upon closure vest in
SAULT for an estate in fee simple free from all encumbrances and the Minister
of Lands shall upon the application of SAULT cause such certificates of title
in the form prescribed by the third and fourth schedules of the Roads (Opening
and Closing) Act, 1932, as the case may require or as near thereto as
circumstances will permit to be issued to SAULT and any certificate of title
issued by virtue hereof shall be deemed to have been issued in accordance with
section 18 of the Roads (Opening and Closing) Act, 1932 .
DIVISION 13—GENERAL
13.1 During the
carrying out of the works necessary or incidental to the implementation of the
Joint Venture no person other than a party hereto shall in any legal
proceedings be entitled to any order or decree by way of injunction
prohibiting the carrying out of such works or any part thereof on any ground
or grounds arising from or associated with any nuisance of any kind resulting
from the carrying out of the works or any part thereof. The Joint Venturers
shall take all reasonable action to prevent the occurrence of any nuisances.
13.2 The Joint
Venturers shall be at liberty to mine quarry or otherwise extract from any
land within the Development Area sand gravel clay rock sandstone or other,
like material and establish crushing plants, concrete plants and the like and
to use any such sand gravel clay rock sandstone or other like material for the
building of roads or any structure necessary in the discharge of their
obligations or State or Council obligations hereunder PROVIDED HOWEVER that no
property in the minerals shall pass to the Joint Venturers by virtue hereof.
The Mining Act, 1971, shall not apply to or in relation to any mining or
quarrying operations carried out pursuant to this clause.
13.3 The land within
the Development Area shall be exempt from mining operations notwithstanding
the provisions of the Mining Act, 1971 .
DIVISION 14—VARIATIONS
14.1. Subject to the
provisions of clause 14.2 any of the provisions of this Indenture may from
time to time be cancelled, added to, varied or replaced by agreement in
writing between the parties.
14.2 The Minister
shall cause any such agreement to be laid on the Table of each House of
Parliament within the twelve sitting days next following its execution. Either
House may, within twelve sitting days after the agreement has been laid before
it, pass a resolution disallowing the agreement but if after the last day on
which the agreement might have been disallowed neither House has passed such a
resolution the agreement shall have effect on and from the next day after that
day.
DIVISION 15—STATE PREFERENCE
15.1 As far as
reasonably and commercially practicable the Joint Venturers during the
currency of this Indenture shall:
(a) Use the services
of engineers, surveyors, architects and other professional consultants
resident and available within the State;
(b) Use labour
available within the State;
(c) When calling for
tenders and letting contracts for works, materials, plant, equipment and
supplies ensure that South Australian suppliers, manufacturers and contractors
are given reasonable opportunity to tender or quote; and
(d) Give proper
consideration and where possible preference to South Australian suppliers,
manufacturers and contractors when letting contracts or placing orders for
works, materials, plant, equipment and supplies where price, quality,
delivery, service and other commercial considerations are equal to or better
than those obtainable elsewhere.
DIVISION 16—ARBITRATION
16.1 Where, pursuant
to the terms of this Indenture any question, difference or dispute arising
between the State or the Minister and the Joint Venturers or either of them
concerning any provision of this Indenture or the meaning or construction of
any matter or thing in any way connected with this Indenture or the rights
duties or liabilities of the State, the Minister or the Joint Venturers or
either of them, or any Government Authority or agency of the Crown or other
authority under or in pursuance of the provisions of this Indenture, including
any question whether the State or the Joint Venturers or any of them is or are
in default under any provisions of this Indenture, or as to any matter to be
agreed upon between the State or any Minister of the Crown or any Government
Authority or agency of the Crown or other authority and the Joint Venturers or
either of them is to be referred to arbitration, such question, difference,
dispute, matter or thing shall be referred to arbitration as hereinafter
provided.
16.2 Where, pursuant
to the terms of this Indenture, any question, difference or dispute arising
between any Minister of the Crown, a Government Authority or agency of the
Crown or the Council and the Joint Venturers concerning any matter or thing
arising out of the provisions of this Indenture is to be referred to
arbitration pursuant to this Indenture, such question difference or dispute
shall upon request of such Minister, Government Authority or agency of the
Crown or other authority, Council or Joint Venturers or either of them be
referred to arbitration as hereinafter provided.
16.3 References to
arbitration hereunder shall be to a single arbitrator to be agreed between the
Joint Venturers and the other party or parties to the arbitration and in the
absence of agreement within 14 days of first attempting to reach agreement
shall be to two arbitrators one to be appointed by the Joint Venturers and the
other by the other party or parties to the arbitration, the two arbitrators to
appoint their umpire before proceeding in the reference (a single arbitrator
or two arbitrators and an umpire (as the case may be) being hereinafter in
this clause referred to as "the arbitrators") and every such arbitration shall
be conducted in accordance with the provisions of the Arbitration
Act, 1891, as at present in force except that the provisions of section
24a(1) of the said Act shall not apply and any question difference or dispute
referred to arbitration shall be deemed to be a submission to arbitration
within the meaning of the said Act.
16.4 The arbitrators
after hearing the representations of all parties directly involved in the
question difference or dispute shall make such decision as is proper and just
having regard to the whole of the question, difference or dispute the subject
of the arbitration.
16.5 Every such
decision of the arbitrators shall remain in force for such period fixed by the
decision and shall be binding on all persons affected thereby.
16.6 The Minister may
of his own volition and shall when requested by the Joint Venturers or either
of them refer to arbitration hereunder any matter requiring decision under the
provisions of this Indenture.
16.7 —
(a) The arbitrators
may direct that any party to any proceedings pay (whether by way of lump sum
or otherwise) the whole or such part as the arbitrators may think fit of the
costs of and incidental to those proceedings incurred by any other party
thereto or any costs incurred by the arbitrators and in the absence of any
direction, the party whose submission is not upheld (and if no submission is
upheld, by the parties to the reference equally) shall pay such costs.
(b) In case of
difference as to the amount of any costs (except a lump sum amount) directed
to be paid as aforesaid such costs shall be taxed by a taxing officer of the
Supreme Court of the State as if the arbitration proceedings had been
proceedings in the said Court. A direction or decision of the arbitrators as
to costs may be enforced in the same manner as a Judgment or Order of the said
Court.
16.8 The State, a
Minister of the Crown, Government Authority or agency of the Crown or other
authority, the Council or the Joint Venturers or either of them shall not be
entitled to commence or maintain any action or other proceedings whatsoever in
respect of any question difference dispute matter or thing which under the
provisions of this Indenture may be referred to arbitration until such claim
question difference or dispute has been referred to and determined by
arbitration and then only for the amount of money or other relief awarded by
arbitration provided that the foregoing provisions of this clause shall not
apply should the State or the Joint Venturers or either of them seek
Declaratory Orders from the Supreme Court of the State (which they are hereby
expressly empowered to do) upon any matter in or arising out of this
Indenture.
16.9 Any arbitration
decision hereunder may upon the application of the State or the Joint
Venturers or either of them be made an Order of a Court of competent
jurisdiction and may be enforceable as such.
16.10 Where any matter
is by this Indenture required to be referred to arbitration in the absence of
agreement and no time for reaching agreement is specified, the matter in
question may be referred to arbitration if no agreement is reached within one
month of disagreement on such matter having arisen.
16.11 Where any
question, difference or dispute arises between the Joint Venturers pursuant to
the Joint Venture Agreement which is not resolved within one month of the
question difference or dispute arising such question, difference or dispute
may be referred to arbitration and the provisions of the previous clauses of
this Division shall apply thereto mutatis mutandis .
DIVISION 17—RELATIONSHIP OF THE PARTIES
17.1 Nothing in this
Indenture contained shall be construed as constituting a joint venture or
partnership between the State of the one part and the Joint Venturers of the
other part nor shall anything herein contained impose on the State or the
Joint Venturers or either of them an obligation to expend moneys or to procure
any act matter or thing nor to omit to do or procure any act, matter or thing
save and except such as is provided by express words in this Indenture.
DIVISION 18—CONSULTATION
18.1 The Joint
Venturers shall during the currency of this Indenture consult with and keep
the State informed on a confidential basis concerning any action that they or
any related person or associated company take or propose to take with any
third party (including the Commonwealth or any Commonwealth constituted agency
authority instrumentality or other body) or as between themselves which might
significantly affect the overall interest of the State under this Indenture.
DIVISION 19—ENFORCEMENT
19.1 Enforcement of
compliance with the provision of this Indenture shall rest only with the
State, the Minister and the Joint Venturers or either of them.
DIVISION 20—DEROGATING LEGISLATION
20.1 Without in any
way derogating from the rights or remedies of the Joint Venturers or either of
them in respect of a breach of this Indenture if the Parliament of the State
should at any time permit regulations, declarations, proclamations or notices
or enact legislation which materially modifies the rights or materially
increases the obligations of the Joint Venturers or either of them under the
Ratifying Act or under this Indenture or materially reduces the obligations of
the State under the Ratifying Act or under this Indenture the Joint Venturers
or either of them shall have the right to terminate this Indenture by notice
to the State and to the other party and if such termination is contested by
the State and within 20 days after such notice it is referred to arbitration
as hereinbefore provided and the question is decided against the State, the
Joint Venturers or either of them shall then be entitled to claim compensation
which compensation shall not take into account any allowance for future profit
from any stage of land development which has not been substantially commenced
but may include an allowance for enhancement in value of such land where
development has not substantially commenced from the State to provide a fair
and reasonable recompense to them or either of them for the net loss or damage
suffered by the Joint Venturers or such of them as shall make such a claim by
notice addressed to the Minister.
20.2 If any claim made
under clause 20.1 is not accepted by the State within 30 days of such notice
either party may refer such question of compensation to arbitration as
hereinbefore provided.
DIVISION 21—TERMINATION
21.1 This Indenture
shall terminate in the event of or upon the termination or expiration of the
Joint Venture Agreement.
21.2 In addition the
State may terminate this Indenture by not less than 90 days notice to the
Joint Venturers if either of the Joint Venturers abandon the Joint Venture or
if the Joint Venturers are in default in the due performance or observance of
any of the covenants or obligations on their part to be observed under this
Indenture which default is material and such default is not remedied (or
active steps are not commenced and continued to remedy the same if the default
is of a type not capable of speedy remedy) within a period of 90 days after
notice is given by the Minister to the Joint Venturers or if the alleged
default is contested by the Joint Venturers or either of them and within 30
days after such notice it is submitted to arbitration in accordance with the
arbitration Division hereof then within a reasonable time as fixed by the
arbitration award where the question is decided against the Joint Venturers.
DIVISION 22—NOTICES
22.1 Any notice
consent communication or other writing authorised by or required by this
Indenture to be given or sent shall be deemed to have been duly given or sent
by the State if signed by the Minister or by any senior officer of the Public
Service of the State acting by the direction of the Minister and forwarded by
prepaid post to the Joint Venturers at their principal offices for the time
being in the State and by the Joint Venturers if signed on behalf of each of
them by a director manager or secretary of the relevant Joint Venturer or by
any person or persons authorised by a Joint Venturer in that behalf or by its
solicitors (which solicitors have been notified to the Minister from time to
time) and forwarded by prepaid post to the Minister and any such notice
consent communication or writing shall be deemed to have been duly given or
sent (unless the contrary be shown) on the day on which it would be delivered
in the ordinary course of post provided that any notice consent communication
or other writing as aforesaid may be given by telex and when despatched to
such telex number (with answer back code) as the relevant addressee may
hereafter specify for such purpose to the other parties by notice in writing
shall be deemed to be duly given and signed on the date of despatch if the
recipient machine causes the answer back code of the recipient to be printed
at the beginning and end of the said notice consent communication or other
writing provided transmission thereof is completed during normal business
hours on a business day in the place of the addressee and if it is not so
complete shall be deemed to be duly given and signed upon the commencement of
normal business hours on the next business day in the place of the addressee
after transmission is completed.
22.2 The Joint
Venturers may appoint a manager, being an associated company of Delfin, to
administer various aspects of this Indenture and to act as the agent of the
Joint Venturers in matters relating to this Indenture. The manager, when
appointed and notice of such appointment has been given to the Minister, shall
have authority to give and receive any notice consent communication or other
writing.
DIVISION 23—APPLICABLE LAW
23.1 This Indenture
shall be governed by and construed in accordance with the law for the time
being applicable in the State of South Australia and the parties to this
Indenture consent and submit to the jurisdiction of the Courts of the State
and to all Courts having jurisdiction and being competent to hear appeals
therefrom.
DIVISION 24—SCHEDULES
FIRST SCHEDULE
SECOND SCHEDULE
THE PARTICULAR DESCRIPTION OF THE LAND DELINEATED BY THE FIRST SCHEDULE
The whole of the land contained in the Certificates of Title, Volume and Folio
numbers as set out hereunder:—
4022/596; 4022/293; 3798/76–79 (inc.); 1896/11; 3948/7–8 (inc.);
4083/981; 4038/911; 4047/71; 1774/29; 3965/191; 4040/483; 4039/296;
4022/289–290 (inc); 4022/93; 4022/946; 4022/603; 4022/295; 4022/921;
4022/288; 4022/83; 3935/136; 4008/912; 4105/881; 4049/579; 3844/187; 1907/190;
3948/6; 4022/256; 4195/979; 4154/290–294 (inc.); 4145/42; 4216/970;
4175/532; 4175/529; 4175/530; 4175/531; 4124/990; 4124/988–989;
4139/368.
Together with that portion of section 2102 contained in C.T. 4049/582; and
that portion of the land contained in C.T. 4228/221 that lies within the
Corporation of the City of Tea Tree Gully.
And
(a) —
(i)
That portion of Hill Road running easterly from the
northerly production of the western boundary of sec. 2117 to the junction of
Hill Road and Garfield Roads.
(b) —
(i)
That portion south of the centre line of John Road
running easterly from the centre line of Ladywood Road to the northerly
production of the western boundary of sec. 2150;
(ii)
That portion of John Road running easterly from the
northerly production of the western boundary of sec. 2150 to the southerly
production of the eastern boundary of the land contained in C.T. 4022/295;
(c) —
(i)
That portion of Ladywood Road running north from the
westerly production of the southern boundary of sec. 2125 to the westerly
production of the northern boundary of sec. 2140;
(ii)
That portion of Ladywood Road east of the centre line
running north from the westerly production of the northern boundary of sec.
2140 to the westerly production of the northern boundary of sec. 2106;
(d) —
(i)
That portion of Yatala Vale Road running easterly from
the intersection of Yatala Vale Road with the western boundary of the
Corporation of the City of Tea Tree Gully to the southerly production of the
western boundary of sec. 2143;
(ii)
That portion of Yatala Vale Road north of the centre line
running easterly from the southern production of the western boundary of sec.
2143 to the southerly production of the eastern boundary of the land contained
in C.T. 3965/191;
(iii)
That portion of Yatala Vale Road north of the centre line
running easterly from the southerly extension of the eastern boundary of the
land contained in C.T. 4167/55 to the intersection of Yatala Vale Road with
the centre line of Hancock Road;
(e) That portion of
Grenfell Road north of the centre line running easterly from the northerly
production of the western boundary of section 1599 to the south eastern tip of
the land contained in C.T. 4195/979;
(f) —
(i)
That portion of Hancock Road west of the centre line
running northerly from the easterly production of the southern boundary of
sec. 2146 to the intersection of Hancock Road with Golden Grove Road;
(ii)
That portion of Garfield Road running northerly from the
southern intersection of Garfield Road with Golden Grove Road to the northern
junction of Garfield Road and Golden Grove Road;
(g) —
(i)
That portion of Golden Grove Road north-west of the
centre line running north-easterly from the north-easterly production of the
southern boundary of the land contained in C.T. 4047/71 to the south-easterly
production of the north-eastern boundary of the land contained in C.T.
4047/71;
(ii)
That portion of Golden Grove Road running north-easterly
from the south-easterly production of the north-eastern boundary of the land
contained in C.T. 4047/71 to the northerly production of the eastern boundary
of the land contained in C.T. 4040/483;
(iii)
That portion of Golden Grove Road north-west of the
centre line running north-easterly from the northerly production of the
eastern boundary of the land contained in C.T. 4040/483 to the easterly
production of the northern boundary of the land contained in C.T. 4049/579;
(h) —
(i)
That portion of Golden Grove Road north-west of the
centre line running north-easterly from the easterly production of the
southern boundary of the land described in C.T. 4022/603 to the southerly
production of the eastern boundary of the land contained in C.T. 4022/603;
(ii)
That portion of Golden Grove Road west of the centre line
running north-easterly from the south-easterly production of the southern
boundary of the land contained in C.T. 4216/970 to the junction of Richardson
Road and Golden Grove Road;
(iii)
That portion of Golden Grove Road running westerly from
the junction of Golden Grove Road and Richardson Road to the junction of
Golden Grove Road and Target Hill Road;
(iv)
That portion of Golden Grove Road south of the centre
line running south-westerly from the junction of Golden Grove Road and Target
Hill Road to the northerly production of the eastern boundary of sec. 486;
(i) That portion of
Target Hill Road north of the centre line running north-west from the junction
of Target Hill Road and Golden Grove Road to the south-westerly production of
the south-eastern boundary of the land contained in C.T. 3887/182;
(j) That portion of
Rifle Range Road running northerly from the junction of Rifle Range Road and
Golden Grove Road to the westerly production of the northern boundary of sec.
2286—thence south of the centre line of the said road running
north-westerly to the north-easterly production of the south-eastern boundary
of the land contained in C.T. 3935/139;
(k) That portion of
Government Road running northerly from the junction of Government Road and
Hill Road to the junction of Government Road and Golden Grove Road;
(l) That portion of
Government Road running north-westerly from the south-westerly production of
the southern boundary of the land contained in C.T. 4022/83 to the junction of
Government Road and Golden Grove Road;
(m) That portion of
Richardson Road west of the centre line running northerly from the junction of
Richardson Road and Golden Grove Road to the easterly production of the
northern boundary of the land contained in C.T. 4139/368;
(n) That portion of
closed road running easterly from the junction of closed road with Golden
Grove Road along portion of the southern boundary of the land contained in
C.T. 4124/989 to the junction of closed road with Richardson Road.
THIRD SCHEDULE
PARAMOUNT OBJECTIVES
1. To develop the land
at Golden Grove in a manner that is complementary to the broader regional
planning objectives, proposals and principles as set out in the Development
Plan under the Planning Act, 1982 and to ensure the efficient and
comprehensive integration of the Development Area with the City of Tea Tree
Gully and Metropolitan Adelaide generally.
2. To facilitate the
provision of a comprehensive range of accommodation for those members of the
general public wishing to purchase or rent residential accommodation having
due regard for the requirements of those persons with special needs and to
ensure that the serviced allotments necessary in this regard are available to
purchasers of land at fair and reasonable prices.
3. To enable SAHT to
obtain sufficient suitable land and/or residential dwellings to satisfy the
requirement:
(a) that between
twenty five (25) and thirty (30) per cent of the total dwelling units in the
Development Area shall be for public housing purposes; and
(b) that public
housing be integrated with private housing in living areas such that no
section or area of the Development Area can be readily identified simply as
public housing area or estate.
4. To provide and
effect the systematic development and release of land in a manner conducive to
economic staging of public works and services.
5. To adopt practices
which minimise land and housing costs to prospective residents within the
bounds of prudent commercial and land development practice.
6. To provide for and
effect a safe pleasant and convenient environment for people living or working
in the Development Area and in particular to provide ready access to those
community facilities and services required to satisfy their needs.
7. Consistent with the
accomplishment of objective (6) to include an effective Community Development
Programme in planning for the Development Area.
8. To develop the
Development Area in a manner sympathetic to the environmental features of the
area.
9. To establish an
efficient and effective form of planning and development control
administration in consultation with the Council and other appropriate
authorities and agencies responsible for the provision of public services.
10. To give ample
scope for a comprehensive range of builders to be engaged within the
Development Area.
FOURTH SCHEDULE
SOUTH AUSTRALIA
PLANNING ACT, 1982
CITY OF TEA TREE GULLY—GOLDEN GROVE
SUPPLEMENTARY DEVELOPMENT PLAN
EXPLANATORY STATEMENT
STATEMENT OF INVESTIGATIONS
The State Government has owned land at Golden Grove in the northern part of
Tea Tree Gully since 1974 with the intention of extending the urban
development area of Tea Tree Gully. The site, some 1,230 hectares, comprises
undulating land suitable for residential development and has been held by the
S.A. Urban Land Trust for that purpose.
Several planning studies have been carried out over the land to ascertain the
most appropriate urban development form for the area, bearing in mind the need
to integrate Golden Grove with the existing urban development of Tea Tree
Gully and Salisbury.
In October 1982, Registrations of interest were called from private developers
wishing to develop the land. In December 1983, Delfin Property Group Limited
was chosen as a Joint Venturer with the S.A. Urban Land Trust to develop the
site.
Subsequent analysis of the earlier planning studies and further site analysis
produced a structure plan whose major elements comprise this supplementary
development plan. A Statutory Indenture and Enabling Act are required for the
Joint Venture to proceed that would include a number of proposals necessary
for the projected 15 year life span of the project.
The supplementary development plan provides the planning basis upon which the
Joint Venture will proceed.
EXPLANATORY STATEMENT
Need for Amendment
The Golden Grove area has been the subject of a separate planning system from
the Planning Act, 1982, by virtue of the Tea Tree Gully (Golden Grove)
Development Act. Under the Golden Grove Act, a development scheme and
directions were produced which no longer reflect the planning needs of the
area. It is intended to repeal the Tea Tree Gully (Golden Grove) Development
Act and to bring Golden Grove under the ambit of the Planning Act, albeit in a
modified form.
In order to reflect the planning requirements of the Joint Venture between the
S.A. Urban Land Trust and Delfin Property Group Limited, formed to jointly
develop the area, a supplementary development plan is required.
Area of Application
This amendment refers to the area of Golden Grove as delineated in the Tea
Tree Gully (Golden Grove) Development Act. The Plan comprises two parts. One
part applies to Tea Tree Gully external to Golden Grove and the other to
Golden Grove alone.
Policy Changes
The Objectives and Proposals for Metropolitan Adelaide apply to the City of
Tea Tree Gully external to Golden Grove and also to Golden Grove.
A set of Principles of Development Control has been prepared to apply to the
Golden Grove section of the Plan.
A District Centre, two Neighbourhood Centres and anticipated school sites, all
with undefined locational boundaries, and a Light Industry Zone and proposed
arterial roads are shown on an amendment to Map TTG/1 in order to serve the
anticipated 30,000 population of Golden Grove.
An open space system, based on and around the creeks and tributaries
throughout Golden Grove, is also shown on the amended Map TTG/1.
A residential zone and a Light Industry Zone together with a Table outlining
planning standards for these zones are introduced.
Amendment Summary
(The page numbers refer to the second publication of the Development Plan
pursuant to Section 40 of the Act).
1. Part VI—Tea
Tree Gully: Page 1
Delete reference to the Tea Tree Gully (Golden Grove) Development Area.
2. Part VI—Tea
Tree Gully: Page 1
Insert a reference to the two parts of the Development Plan for Golden Grove
and the City of Tea Tree Gully external to Golden Grove.
Delete the reference to policies contained in the Tea Tree Gully (Golden
Grove) Development Scheme and Directions.
3. Part VI—Tea
Tree Gully: Page 1
Delete the reference to the Tea Tree Gully (Golden Grove) Development Scheme
Area.
4. Part VI—Tea
Tree Gully: Principles of Development Control
Include a set of Principles specifically related to Golden Grove.
5. Part VI—Tea
Tree Gully: Zones
Insert a "Golden Grove Residential Zone", setting out objectives and
principles of development control for the zone.
6. Part VI—Tea
Tree Gully: Zones
Insert a "Golden Grove Light Industry Zone" setting out objectives and
principles of development control for the zone.
7. Part VI—Tea
Tree Gully: Tables
Insert Tables TTG/GG/1 and TTG/GG/2 setting out conditions applying to
permitted uses as shown in Attachment 'A'.
8. Part VI—Tea
Tree Gully: Maps
By amending Map TTG/1 by inserting Map TTG/1 (Amendment C) to show the
residential and industrial zones, open space, centres, school sites and major
road network proposals for Golden Grove.
Delete Maps TTG/8, TTG/9, TTG/11 and TTG/12 and substitute with new maps
TTG/8, TTG/9, TTG/11 and TTG/12.
NOTE:
This explanatory statement does not form part of the supplementary development
plan.
SOUTH AUSTRALIA
PLANNING ACT, 1982
AMENDMENT TO THE DEVELOPMENT PLAN
CITY OF TEA TREE GULLY: GOLDEN GROVE
SUPPLEMENTARY DEVELOPMENT PLAN
The Development Plan is amended as follows:
(The page numbers refer to the Second Publication of the Development Plan
pursuant to Part IV of the Act).
Part VI—Metropolitan Adelaide: Page 2A
By inserting under the heading 'Material' immediately after the last item the
following passage:
... "City of Tea Tree Gully Golden Grove Supplementary Development Plan,
authorized..."
Part VI—Tea Tree Gully: Page 1
Under the heading "Area" delete the phrase "with the exception of the Tea Tree
Gully (Golden Grove) Development Scheme Area No. 1 as shown on Maps TTG/11 and
12."
Part VI—Tea Tree Gully: Page 1
Immediately under the heading "Arrangement", insert the following:
"This Plan comprises two parts:
Part A: Applies to the area of the City of Tea Tree Gully outside the
Development Area as defined by the Golden Grove Indenture as ratified by the
Golden Grove (Indenture Ratification) Act, 1984.
Part B: Applies to the Golden Grove Development Area
Map TTG/2 shows the two areas.
Each Part has its own set of Objectives, Proposals and Principles of
Development Control, which should be read separately.
The planning policies for the two parts of the City are integrated however by
a common Structure Plan as shown on Map TTG/1 and by the zones shown on Maps
TTG/6-25."
Part VI—Tea Tree Gully: Page 1
Under the heading "Arrangement" delete the whole of that section after the
phrase, "which are prohibited".
Part VI—Tea Tree Gully: Page 1
Immediately preceding the heading "OBJECTIVES", insert the following heading
on a new page:
"PART A: CITY OF TEA TREE GULLY EXTERNAL TO GOLDEN GROVE DEVELOPMENT AREA (AS
DEFINED BY THE GOLDEN GROVE INDENTURE AS RATIFIED BY THE
GOLDEN GROVE (INDENTURE RATIFICATION) ACT, 1984)".
Part VI—Tea Tree Gully: Page 1
Delete the whole of the passage under the heading "OBJECTIVES" and insert in
lieu thereof the following passage:
"The objectives for Metropolitan Adelaide apply to this part of the area of
the City of Tea Tree Gully."
Part VI—Tea Tree Gully: Page 1
Delete the whole of the passage under the heading "PROPOSALS" and insert in
lieu thereof the following passage:
"The proposals for Metropolitan Adelaide apply to this part of the area of the
City of Tea Tree Gully."
Part VI—Tea Tree Gully: Pages 7 to 51
Wherever the phrases "the whole of the council area" or "the council area"
appear, the phrase is to be deleted and replaced with the following phrase:
"this part of the Council area".
Part VI—Tea Tree Gully: Page 55
By inserting after Table TTG/3 the contents of attachment 'A'.
Part VI—Tea Tree Gully: Maps
(i)
By varying Map TTG/1 by the addition of the content of
Map TTG/1 (Amendment C) as contained in attachment 'B'.
(ii)
By deleting the whole of Maps TTG/8, 9, 11 and 12 and
substituting Maps TTG/8, 9 11 and 12 respectively, as contained in attachment
'B'.
ATTACHMENT 'A'
PART B: GOLDEN GROVE DEVELOPMENT AREA
OBJECTIVES
The objectives for Metropolitan Adelaide apply to this part of the area of the
City of Tea Tree Gully.
PROPOSALS
The proposals for Metropolitan Adelaide apply to this part of the area of the
City of Tea Tree Gully.
PRINCIPLES OF DEVELOPMENT CONTROL
1. Development should
be in accordance with the Metropolitan Adelaide Plan, Map MA/4 and the Tea
Tree Gully Plan, Map TTG/1, including that part of the urban area in the
adjoining council areas.
2. Development should
be orderly and economic.
3. New housing and
other urban development should:
(a) form a compact and
continuous extension of an existing built up area;
(b) be located so as
to achieve economy in the provision of public services; and
(c) create a safe,
convenient and pleasant environment in which to live.
4. Extensions of
built-up areas should not be in the form of ribbon development along roads.
5. Development in
localities having a bad or unsatisfactory layout, or unhealthy or obsolete
development should improve or rectify those conditions.
6. Existing urban
areas should be substantially developed before rural land is used for urban
development.
7. Land, particularly
steeply sloping land, used for the erection of buildings should be stable.
8. Poorly-drained land
should be raised at least 1.3 metres above the highest winter watertable
before development takes place.
9. Development should
not be undertaken on land liable to inundation by tidal, drainage or flood
waters.
10. Development in
areas separating 'metropolitan districts' should have an open character.
11. No development
should be undertaken which is likely to lead to the pollution of water
catchment areas.
12. Septic tanks
should:
(a) not be installed
where the effluent is likely to lead to the pollution of surface or
underground water; and
(b) be installed on
allotments large enough to allow the disposal of the effluent within the
allotment boundaries.
13. Land should not be
divided:
(a) in a manner which
would prevent the satisfactory future division of the land, or any part
thereof;
(b) if the proposed
use, or the establishment of the proposed use, is likely to lead to undue
erosion of the land or land in the vicinity thereof;
(c) unless wastes
produced by the proposed use of the land, or any use permitted by the
principles of development control, can be managed so as to prevent pollution
of a public water supply or any surface or underground water resource;
(d) if the size, shape
and location of, and the slope and nature of the land contained in, each
allotment resulting from the division is unsuitable for the purpose for which
the allotments is to be used;
(e) if any part of the
land is likely to be inundated by tidal or floodwaters and the proposed
allotments are to be used for a purpose which would be detrimentally affected
when the land is inundated;
(f) where community
facilities or public utilities are lacking or inadequate;
(g) where the proposed
use of the land is the same as the proposed use of other existing allotments
in the vicinity, and a substantial number of the existing allotments have not
been used for that purpose; or
(h) if it would cause
an infringement of any provisions of the Building Act or any by-law or
regulation made thereunder.
14. When land is
divided:
(a) any reserves or
easements necessary for the provision of public utility services should be
provided;
(b) stormwater should
be capable of being drained safely and efficiently from each proposed
allotment and disposed of from the land in a satisfactory manner;
(c) a water supply
sufficient for the purpose for which the allotment is to be used should be
made available to each allotment;
(d) provision should
be made for the disposal of waste waters, sewage and other effluents from each
allotment without risk to health;
(e) roads or
thoroughfares should be provided where necessary for safe and convenient
communication with adjoining land and neighbouring localities;
(f) each allotment
resulting from division should have safe and convenient access to the
carriageway of an existing or proposed road or thoroughfare;
(g) proposed roads
should be graded, or be capable of being graded to connect safely and
conveniently with an existing road or thoroughfare;
(h) for urban
purposes, provision should be made for suitable land to be set aside for
usable local open space; and
(i) the land borders a
river, lake or creek, the land immediately adjoining the river, lake or creek
should become public open space.
15. Existing and
proposed living areas should only contain residential development and
associated development such as local shops, primary schools and local open
spaces. Within residential areas:
(a) there should be no
through traffic;
(b) pedestrian and
vehicular traffic should be segregated;
(c) development should
be suitably separated from traffic on adjoining arterial roads;
(d) dwellings should
be sited so as to maintain privacy and create individuality;
(e) open space should
provide recreational activities, pedestrian links and the preservation of
natural features; and
(f) no development
should be undertaken which would impair the amenity or the residential
character.
16. The expansion of
existing commercial, service industry or industrial activities in living areas
should not impair the residential character of the area.
17. Development in a
residential area should maintain the attractiveness of the area as a place in
which to live and should not create annoyance to existing householders by:
(a) overshadowing;
(b) cutting off light
or views;
(c) increasing traffic
volumes;
(d) overcrowding
community facilities; or
(e) altering adversely
the character of the area.
18. The floor space
and bulk of a residential building, and the space around the building, should
be appropriate to the locality in which the building is to be erected.
19. Not more than half
the space around multiple dwellings and residential flat buildings should be
used for car parking and driveways.
20. Shopping,
administrative, cultural, community, entertainment, educational, religious and
recreational facilities should be located in business, centre and shopping
zones.
21. Shopping
development should be located as follows:
(a) a shop or group of
shops with a gross leasable area of greater than 450 square metres should
be located in a business, centre or shopping zone;
(b) a shop or group of
shops with a gross leasable area of 450 square meters or less should not be
located on an arterial road as shown on Map MA/4 unless located in a business,
centre or shopping zone;
(c) a shop or group of
shops with a gross leasable area of 450 square metres or less located outside
a business, centre or shopping zone should:
(i)
not hinder the development or function of any business,
centre or shopping zone; and
(ii)
conform to the access, car parking and design principles
for business, centre and shopping zones set out below.
22. The total gross
leasable area of shops in a local Centre Zone should not exceed
450 square metres.
23. Centre-type
development located outside business, centre or shopping zones should:
(a) be of a size and
type which would not hinder the development or function of any business,
centre or shopping zone, in accordance with the objectives for centres and
shops and the objectives for the appropriate zones; and
(b) conform to the
access, car parking and design principles for business, centre and shopping
zones set out below.
24. Development within
business, centre and shopping zones should be located having regard to the
following principles:
(a) within zones which
straddle arterial roads or intersections of arterial roads, the major shopping
focus, defined by the gross leasable area and associated car parking, should
be restricted to one side of the road or one quadrant of the intersection;
(b) development should
not generate pedestrian or vehicular traffic onto or across an arterial road
in such a way as to materially impair the movement of traffic on that road or
to cause safety hazards;
(c) development should
not generate significant increases in traffic in adjacent residential areas;
(d) development,
including required car parking and landscaping, should be accommodated on land
which is not required for road widening.
25. Development within
business, centre and shopping zones should conform to the following access and
car parking principles:
(a) development should
provide safe and convenient access for private cars, cyclists, pedestrians,
service vehicles, emergency vehicles and public utility vehicles;
(b) access points onto
public roads should be located and designed in such a way as to minimise
traffic hazards, queuing on public roads and intrusion into adjacent
residential areas;
(c) the number,
location and design of access points onto the arterial roads shown on Map MA/4
should be such as to minimise traffic hazards, queuing on the roads, right
turn movements and interference with the function of intersections, junctions
and traffic control devices;
(d) development should
provide sufficient off-street parking to accommodate customer, employee and
service vehicles;
(e) car parking areas
should be located and designed in such a way as to ensure safe and convenient
pedestrian access from vehicles to facilities, safe and convenient traffic
circulation, minimal conflict between customer and service vehicles and should
include adequate provision for manoeuvring into and out of parking bays;
(f) the layout of all
parking areas should be designed so as to obviate the necessity for vehicles
to back onto public roads;
(g) individual parking
areas should, wherever possible, be so located and designated that:
(i)
vehicular movement between them does not require the use
of public roads; and
(ii)
the number of access points is minimized.
(h) opportunities for
the shared use of car parking between developments should be exploited so as
to reduce the total extent of car parking areas;
(i) residential
development located within centres should have access and parking areas
separate from the access and car parking areas serving the other centre
facilities;
(j) landscaping should
be provided and maintained in order to screen, shade and enhance the
appearance of car parking areas.
26. Development within
business, centre and shopping zones should conform with the following design
principles:
(a) development should
provide for the integration of existing and future facilities so as to promote
ease of pedestrian movement and sharing of facilities as well as to retain the
opportunity for future expansion within the zone;
(b) development
should:
(i)
comply with the objectives for the zone or otherwise be
compatible with the predominant character of other buildings in the locality;
and
(ii)
preserve buildings of historical or architectural
significance.
(c) development should
provide:
(i)
off-street loading, service areas and service vehicle
manoeuvring areas;
(ii)
lighting for buildings and ancillary areas, with no light
spill causing nuisance or hazard; and
(iii)
unobtrusive facilities for storage and removal of waste
materials.
(d) development should
not cause nuisance or hazard arising from:
(i)
microclimatic conditions;
(ii)
excessive noise;
(iii)
odours;
(iv)
overlooking;
(v)
overshadowing; or
(vi)
visual intrusion.
(e) Where necessary,
development should:
(i)
provide parking, access and facilities for the physically
handicapped;
(ii)
minimize energy consumption for lighting, heating,
cooling and ventilation;
(iii)
provide public spaces such as malls, plazas and
courtyards;
(iv)
provide public facilities including toilets, seating,
telephones and community information boards; and
(v)
provide access for public transport and sheltered waiting
areas for passengers.
(f) Landscaping should
be provided and maintained in order to:
(i)
establish a buffer between development in the zone and
adjacent areas;
(ii)
complement the landscaping provided by adjacent
development and enhance the visual appearance and character of the zone;
(iii)
shade, define and create windbreaks for pedestrian paths
and spaces; and
(iv)
screen service yards, loading areas and outdoor storage
areas.
(g) Outdoor signs,
both free-standing and attached to buildings, should be located and designed
in such a way as to:
(i)
be in scale with the development as a whole, the
buildings therein and the desired character of the zone or otherwise be
compatible with the character of the locality;
(ii)
not impair the view of or from nearby developments; and
(iii)
not distract attention from traffic control information.
27. Community
facilities should be conveniently located in relation to the population they
are to serve.
28. Development and
associated points of access and egress should not create conditions that cause
interference with the free flow of traffic on adjoining roads.
29. Development should
include appropriate provision on the site to enable the parking, loading,
unloading, turning and fuelling of vehicles.
30. Wholesaling,
storage, transport and service industries should be located in commercial
areas.
31. Commercial
development should be of a high architectural standard and be set back from
the road frontage to allow for landscaping.
32. Warehouses near
residential areas should not impair the amenity of the residential area and
points of entrance and exit should be located so that the number of vehicles
using nearby residential roads is kept to a minimum.
33. Industrial
development should be located in industrial areas.
34. No dwellings other
than caretakers' quarters should be erected in industrial areas.
35. Industrial
development should be of a high architectural standard and set back from the
road frontage to allow for landscaping.
36. The width of roads
in an industrial area should be adequate for the type and volume of traffic
expected.
37. Where industrial
areas abut residential areas, light industrial development should be located
near the residential area to minimise the nuisance to householders.
38. Buildings and
structures associated with the supply and maintenance of public utilities
should, wherever practicable, be sited unobtrusively and landscaped.
39. Mining operations
should be based on a rehabilitation plan to ensure a close correlation between
the operations and the after-use of the site.
40. Development should
be undertaken with the minimum effect on natural features, land adjoining
water or scenic routes or scenically-attractive areas.
41. Natural vegetation
should be preserved wherever possible and replanting should take place,
wherever practicable.
42. The natural
character of rivers and creeks should be preserved.
43. Development should
not impair the character or nature of buildings or sites of architectural,
historical or scientific interest or sites of natural beauty.
Appearance of Land and Buildings
44. The appearance of
land, buildings, and objects should not impair the amenity of the locality in
which they are situated.
45. Outdoor
advertisements should:
(a) be confined to
appropriate localities in urban areas;
(b) not be located in
rural areas; and
(c) be designed and
sited having regard to the predominant character of the locality.
ZONES
INTRODUCTION
The objectives and principles of development control that follow apply in the
Zones shown on Maps TTG/8, 9, 11 and 12. They are additional to those
expressed for this part of the council area.
Reference should be made to the principles of development control for the zone
and to those applying in this part of the council area to determine all the
principles relevant to any kind of development. In cases of apparent conflict,
precedence should be given to the more detailed policy applying.
GOLDEN GROVE RESIDENTIAL ZONE
INTRODUCTION
The objective and principles of development control that follow apply in the
Golden Grove Residential Zone shown on Maps TTG/8, 9, 11 and 12.
OBJECTIVE
Objective 1: A zone primarily accommodating a range of dwelling types and
associated community and public utility facilities.
PRINCIPLES OF DEVELOPMENT CONTROL
1. Development
undertaken in the Golden Grove Residential Zone should be primarily a range of
dwelling types at varying densities.
2. The following kinds
of development are permitted in the Golden Grove Residential Zone subject to
compliance with conditions comprising, where applicable:
The conditions prescribed in Table TTG/GG/1 and Table TTG/GG/2.
|
aged persons dwelling |
primary school |
|
cluster dwelling |
pumping station over 75 kW |
|
community centre |
recreation area |
|
detached dwelling |
reservoir |
|
display dwelling |
residential flat building |
|
educational establishment |
row dwelling |
|
electricity substation |
semi-detached dwelling |
|
joint venture promotion and site office |
service reservoir |
|
land division |
telephone exchange |
|
major public service depot |
waterworks |
|
minor public service depot |
welfare institution |
|
plant nursery | |
3. The following kinds
of development are prohibited in the Golden Grove Residential Zone:
|
abattoir |
motor repair station |
|
amusement hall |
motor showroom |
|
amusement park |
non-residential club |
|
amusement machine centre |
office |
|
auction room |
office and dwelling |
|
bank |
petrol filling station |
|
bowling alley |
post office |
|
builders yard |
prescribed mining operation |
|
bus depot |
private hotel |
|
bus station |
racecourse |
|
caravan park |
radio and T.V. studio |
|
cemetery |
refuse destructor |
|
concert hall |
residential club |
|
crematorium |
road transport terminal |
|
dance hall |
service industry |
|
defence establishment |
shop |
|
dog track |
shop and dwelling |
|
drive-in theatre |
show ground |
|
exhibition hall |
skating rink |
|
fire station |
special industry |
|
fun fair |
squash court |
|
general industry |
stadium |
|
gymnasium |
store |
|
hotel |
theatre |
|
light industry |
timber yard |
|
motel |
used car lot |
|
motor race track |
warehouse |
GOLDEN GROVE LIGHT INDUSTRY ZONE
INTRODUCTION
The objective and principles of development control that follow apply in the
Golden Grove Light Industry Zone shown on Maps TTG/8, 9, 11 and 12. They are
additional to those expressed for this part of the Council area.
OBJECTIVE
Objective 1: A zone primarily accommodating industries and commercial
facilities which manufacture on a small scale.
PRINCIPLES OF DEVELOPMENT CONTROL
1. Development
undertaken in the Golden Grove Light Industry Zone should be, primarily,
small-scale commercial and light industry facilities which do not create any
appreciable noise, smoke, smell, dust or other nuisance or generate heavy
traffic.
2. The following kinds
of development are permitted in the Golden Grove Light Industry Zone subject
to compliance with conditions comprising, where applicable: The conditions
prescribed in Table TTG/GG/1 and Table TTG/GG/2.
|
builders yard |
pumping station over 75 kW |
|
electricity substation |
recreation area |
|
land division |
service industry |
|
light industry |
store |
|
minor public service depot |
telephone exchange |
|
motor repair station |
timber yard |
|
petrol filling station |
warehouse |
3. The following kinds
of development are prohibited in the Light Industry zone:
|
abattoir |
golf driving range |
|
amusement hall |
gymnasium |
|
amusement machine centre |
health centre |
|
amusement park |
hospital |
|
billiard saloon |
library |
|
boarding house |
meeting hall |
|
bowling alley |
multiple dwelling |
|
caravan park |
place of worship |
|
cemetery |
police station |
|
cluster dwelling |
prescribed mining operation |
|
community centre |
primary school |
|
concert hall |
residential flat building |
|
crematorium |
row dwelling |
|
dance hall |
show ground |
|
detached dwelling |
semi-detached dwelling |
|
display dwelling |
skating rink |
|
drive-in theatre |
special industry |
|
educational establishment |
squash court |
|
exhibition hall |
stadium |
|
fun fair |
stock saleyard |
|
general industry |
theatre |
|
golf course |
welfare institution |
CITY OF TEA TREE GULLY
TABLE TTG/GG/1
CONDITIONS APPLYING TO PERMITTED DEVELOPMENT IN GOLDEN GROVE
RESIDENTIAL DEVELOPMENT
|
ELEMENT OF CONTROL |
STANDARD | |||||
|---|---|---|---|---|---|---|
| |
Detached Dwelling |
Semi-Detached Dwelling |
Cluster Dwelling |
Row Dwelling |
Residen-tial Flat Building |
Aged Persons Dwelling |
|
Minimum Dwelling Site area |
560m 2 |
400m 2 |
400m 2 |
325m 2 |
— |
— |
|
Average Land Area per Dwelling |
— |
— |
— |
— |
250m 2 |
200m 2 |
|
Minimum Frontage of Individual Site to Road Access |
4m |
4m |
4m |
4m |
— |
— |
|
Minimum Frontage of Allotment Containing Multi-Dwelling Development |
— |
— |
10m |
— |
10m |
10m |
|
Minimum Set back from: | | | | | | |
|
• Road Boundary
* |
6m |
6m |
5m |
6m |
6m |
6m |
|
• Rear Boundary |
1m |
3m |
3m |
3m |
3m |
3m |
|
• At Least One
Side Boundary |
1m |
1m |
2m |
1m |
— |
1m |
|
* Where 2 road
boundaries side road—4.5m | ||||||
|
Both side Boundaries |
— |
— |
— |
— |
3m |
— |
|
Minimum Area of Private |
— |
— |
60m 2 |
40m 2 |
40m 2 |
40m 2 |
|
Maximum Height |
2 |
2 |
2 |
2 |
1 |
1 |
|
Maximum Building Site Coverage |
50% |
50% |
50% |
50% |
50% |
50% |
|
Minimum Carparking per dwelling |
2 |
2 |
2 |
2 |
2 |
1 |
|
KIND OF DEVELOPMENT |
CONDITIONS | |
|---|---|---|
|
Light Industry |
1. |
The total area of the site occupied by buildings not exceeding 50 per centum
of the area of the site. |
|
2. |
A clearance of not less than three metres being provided for access purposes
between any structure and one side boundary of the site. | |
|
3. |
No part of any industrial building, store, warehouse or works exceeding two
metres in height being constructed near to the boundary of a residential zone
or of land used or which may be used for the purpose of a school or hospital,
than three metres plus 500 millimetres for each metre by which the height of
the part in question exceeds 3.5 metres. | |
|
4. |
A parking area being established on the site of the light or service industry,
store or warehouse at the rate of not less than one car parking space for
every 47 square metres of total floor area or one car parking space for every
two employees (whichever provides the larger parking area in the particular
case), except that where retail sales take place on the site, then seven car
spaces per 100 m 2 is required for that floor area used for sale, or display
for sale, by retail; subject to condition A. | |
|
5. |
The planning authority having given a certificate that it is satisfied that: (a) provision has been
made for all loading and unloading of vehicles to take place on the site of
the industry, store or warehouse, and (b) conditions B, C, D
and E have been complied with. | |
|
Petrol Filling Station |
1. |
The total area of the site occupied by buildings not exceeding 50 per centum
of the area of the site. |
|
2. |
A clearance of not less than three metres being provided for access purposes
between any structure and one side boundary of the site. | |
|
3. |
No part of any building, or works exceeding two metres in height being
constructed nearer to the boundary of a residential zone or of land used or
which may be used for the purpose of a school or hospital, than three metres
plus 500 millimetres for each metre by which the height of the part in
question exceeds 3.5 metres. | |
|
4. |
A parking area being established on the site of the petrol filling station or
motor repair station at the rate of not less than one car parking space for
each service bay provided in a building plus one car parking space for every
two employees plus where retail sales take place on the site, then seven car
spaces per 100 m 2 is required for that floor area used for sale, or display
for sale, by retail; subject to condition A. | |
|
5. |
The planning authority having given a certificate that it is satisfied that: (a) provision has been
made for all loading and unloading of vehicles to take place on the site of
the petrol filling station and motor repair station. (b) conditions B, C, D
and E have been complied with. | |
|
Builders Yard |
1. |
The total area of the site occupied by buildings not exceeding 50 per centum
of the area of the site. |
|
2. |
A clearance of not less than three metres being provided and maintained free
of obstructions for access purposes along one side boundary of the site. | |
|
3. |
No part of any building, or works exceeding two metres in height being
constructed nearer to the boundary of a residential zone or of land used or
which may be used for the purpose of a school or hospital, than three metres
plus 500 millimetres for each metre by which the height of the part in
question exceeds 3.5 metres. | |
|
4. |
A parking area being established on the site of the builders yard or timber
yard at the rate of not less than one car parking space for every two
employees plus where retail sales take place on the site, then seven car
spaces per 100 m 2 is required for that part of the floor area in a building
sale, or display for sale, by retail; subject to condition A. | |
|
5. |
The planning authority having given a certificate that it is satisfied that: (a) provision has been
made for all loading and unloading of vehicles to take place on the site of
the industry, store or warehouse, and (b) conditions B, C, D
and E have been complied with. | |
|
Electricity Substation |
1. |
The total area of the site occupied by buildings not exceeding 50 per centum
of the area of the site. |
|
2. |
A clearance of not less than three metres being provided and maintained free
of obstructions for access purposes between any structure and along one side
boundary of the site. | |
|
3. |
No part of any building, or works exceeding two metres in height being
constructed nearer to the boundary of a residential zone or of land used or
which may be used for the purpose of a school or hospital, than three metres
plus 500 millimetres for each metre by which the height of the part in
question exceeds 3.5 metres. | |
|
4. |
A parking area being established on the site of the Electricity Substation,
Major Public Service Depot, Minor Public Service Depot, Pumping Station over
75 kW or Telephone Exchange at the rate of not less than one car parking space
for every two employees who are employed on or work from the site; subject to
condition A. | |
|
5. |
The planning authority having given a certificate that it is satisfied that: (a) provision has been
made for all loading and unloading of vehicles to take place on the site of
the Electricity Substation, Major Public Service Depot, Minor Public Service
Depot, Pumping Station over 75 kW or Telephone Exchange, and (b) conditions B, C,
and D have been complied with. | |
|
Recreation Area |
No nuisance or annoyance being created or caused to the occupiers of any land
in the vicinity of that recreation area. | |
CONDITION A—LESSER PARKING AREA
A lesser parking area than that specified being established on the site,
provided that the planning authority has given a certificate that:
(a) part or the whole
of the parking needs arising from the development will be met by a parking
area, on another site, available or to be available for the duration of the
development or intended development, and
(b) the other site,
and the parking area to be established on the other site, comply with
Conditions B, C, D and E.
CONDITION B—ACCESS TO ROADS
The number, location and design of access points to a road or thoroughfare
from the site being established so as best to ensure the safety of the public
and the free flow of traffic in the locality.
CONDITION C—PARKING AREA DESIGN AND IDENTIFICATION
(a) The design layout
and pavement of the parking area being established so as best to ensure the
safety of the public and free flow of traffic in the locality; and
(b) adequate
identification being provided to ensure that the location of the parking area
is readily apparent to visitors.
CONDITION D—LANDSCAPING
Suitable landscaping of the site being provided for in plans and drawings,
which may be the plans and drawings of the building work required to be
submitted to the council for approval under the Building
Act, 1970–1976, and such landscaping would be satisfactory if
implemented in accordance with the plans and drawings within twelve months of
the giving of the certificate and maintained in the form and to the standard
shown on the plans and drawings, and provided that such landscaping shall
include the portions of the site which are:
(a) adjacent to the
alignment of a road, street or thoroughfare; and
(b) within the parking
areas referred to in any condition requiring the provision of such parking
areas.
CONDITION E—ADVERTISING SIGNS
Proposed signage of the site being provided for in plans and drawings, which
may be the plans and drawings of the building work required to be submitted to
the council for approval under the Building Act, 1970–1976, and
such signage would be satisfactory if implemented in accordance with the plans
and drawings and maintained in the form and to the standard shown on the plans
and drawings, and provided that such signage complements the design of the
buildings and proposed landscaping required by condition D and would not
detract from the character and amenity of the locality.
CITY OF TEA TREE GULLY
TABLE TTG/GG/2
Significant Heritage Buildings
|
1. |
Ladywood Farm: |
Ladywood Road: Section 2134, Hd. of Yatala |
|
2. |
Surrey Farm: |
Yatala Vale Road: Section 2141, Hd. of Yatala |
|
3. |
Petworth Farm: |
Section 1560, Hd. of Yatala |
ATTACHMENT "B"
FIFTH SCHEDULE
|
IN WITNESS WHEREOF the parties hereto sign seal and deliver the foregoing
presents and have hereunto set their respective hands and seals on the day and
year first above written. | ||
|
SIGNED SEALED AND DELIVERED by THE HONOURABLE JOHN CHARLES BANNON Premier of
the State of South Australia for and on behalf of the said State and in the
presence of: M. L. W. BOWERING |
} |
JOHN BANNON |
|
THE COMMON SEAL of DELFIN PROPERTY GROUP LTD was hereunto affixed in the
presence of: F. A. McDONALD, Director B. P. MARTIN, Managing Director |
} |
(L.S.) |
|
THE COMMON SEAL OF THE SOUTH AUSTRALIAN URBAN LAND TRUST was affixed hereto
this 30 day of October 1984 by direction of the Trust in the presence of: ALAN G. TONKIN, Authorized Officer |
} |
(L.S.) |