Posts Tagged ‘development application’

Farm Direct “Statement of effect” draft for debate

July 19, 2016

Development application “Statement of Effect” Farm Direct Community Markets.

Farm direct logo 7

 

STATEMENT OF EFFECT

Farm direct markets have invested its hard work successfully over the past 4 years, into creating the best markets in the state which are dedicated to providing for the City of Salisbury’s rate payers.

We are also lobbying the state government and appealing the recent ERC court findings, as we are committed to protect all community events in the north.

We have opened 2 of South Australia’s largest and most successful markets in the Salisbury council area, and have operated without any adverse effects to the City, the development objectives and the community.

Farm Direct has drained all its resources on the drawn out approval process and the following legal battle, so is unable to employ a suitable development expert to produce our statement of effect, we therefore apologise for any deficiency in the contents.

OVERVIEW

Farm Direct Markets have operated professionally and without incident in the Salisbury area for well over 4 years in 2 locations, Salisbury Height’s and Parafield.

Regardless of the new precedents relating to the definition of a stall, Farm Direct is still simply a temporary produce market, that has no permanency and the market is supported by the community in general. Merit applications are still development applications that are supported by and benefit the community, which means they are in line with community standards and the Markets definitely fulfils that wish.

I would like to remind the development planners, the council and the elected members that the market “Farm Direct” has now operated on site for over 12 months, without any adverse impact on the site, local traffic, parking, health and safety, significant tree’s, the heritage aspects of the site etc etc.

We have met and exceeded many directives of the city of Salisbury, increased employment opportunity, the promotion of healthy eating, access to affordable fresh produce. We remain environmental friendly, we encourage a sustainable future through growing produce to meet demand and we are helping unite the community.

The Market relocated from the initial site in Parafield (PALS car parking area) to the Old Spot hotel car park just over 12 months ago. On July the 21st 2015 we applied for development approvals and passed a raft of application processes as a “Merit” type use.

The Market underwent a category 3 public notification process, passed referrals to DPTI, DENWR, Development engineering, Civic design and traffic, Environmental health and safety, passing in each case.

The approval was disputed on competitive grounds, and the ERD court found that a Market was in fact a non-complying development, that a trestle table with goods for sale or display, was a shop for the purpose of the definitions of the development Act.

This set a new precedent on how development law is defined in relation to any temporary stall, but we ought not forget a stall is not a building, and has no lasting impression on the land, so when defining any application that utilises stalls, will never be the same as those applied to bricks and mortar, regardless of the definitions.

The fact that development law and planning has overlooked stalls, markets and fetes in their definitions, allowed the recent redefining to include a stall in the definition of the word shop. The fact community events were never considered developments, but rather events, events of a regular basis, development definitions failed to protect community events. Community events have been a part of the city of Salisbury history since its inception.

The location of Farm Directs present Salisbury Height’s Market at the Old Spot hotel is on private land, land that’s primary use is retail based, the zoning of “Open Space” is based more on the adjacent river and walk ways/trails, than the area built to have its primary use to be that of a car park for retail and hotel trading.

Farm direct helps maintain the “Open Space” concept and promotes the local community to embrace and utilise the current area in an appropriate manner.

Farm Direct has appealed the ERD court’s decision before the full bench of the Supreme Court, which is being heard on the 1st of August 2016, in hope of overturning the decision of the court, therefore restoring the original development approvals put in place by the City of Salisbury.

Farm Direct is financing the legal challenge to protect your development planning’s sections decision.

Farm Direct has submitted a non-complying development application “Statement of Support” which has been accepted by the council development section, and best be read in conjunction with this statement of effect.

 

  1. DESCRIPTION OF THE PROPOSED DEVELOPMENT

A Farmers type market of up to 40 stalls when operating at its peak, operating in the Northern car park of the Old Spot hotel on Saturdays and a smaller market of approximately 1/3 that size operating on a Wednesday, between the hours of 8.00am and 1.00pm, operating independently of the operations of the existing hotel.

The site supports approx. 240 on site car parking spaces’, parking has been boosted during market days by improved access to a run off car park on the hill, and a temporary stall holder carpark on the northern boundary has also been created.

The Market stalls and walkways occupy approx. 1800m2 (45 to 49 car parking spaces and a bus bay) of the northern carpark area.

Although not promoted by the market, the Carisbrooke Park carpark on the western side of Main North road adjacent the site has been utilised by some patrons. Access from the Carisbrooke car park, is easily and safely achieved by a pedestrian walkway under main north road.

The Markets also promote the use of existing walking trails to access the market for the local community as a part of its promotion of healthy living.

Stalls predominantly offer fresh produce, with an assurance that all produce and product is locally sourced where possible, and that anything sold will have been produced or grown in Australia. Other stalls with in the Market will include local handicraft, plants, Australian nuts, locally produced olive oil, Fresh baked goods, cakes and takeaway.

Toilet facilities are available in Carisbrook Park, but patrons are advised by the market to utilise facilities with in the Hotel and Bottle shop, which are open for use during the markets operation times.

  1. SUBJECT LAND

The subject land is contained in lot 200 of DP 41172 being certificate of title, Volume 6050 Folio 968 also known as 1955 main north rd, Salisbury Heights.

The privately owned land is irregular in shape and bounded by open space and the Little Para River to the north and open space to the east and south, Main North road is the sites Western boundary.

In recent times improvements to the hotel were approved by council and the additions are of a retail nature.

An easement 30 meters wide in favour of Transmission Lessor Corporation and Electranet PL traverses the northern portion of the site. A second and substantially smaller easement in favour od the Distribution Lessor Corporation is located further south.

  1. LOCALITY;

The site is located in a location that includes retail sales and open space zoning.

Open space zoning is all about limiting construction to preserve the looks, dynamics and public access to development zones.

Farm Direct community markets even as a non-complying development meets those demands, it is aesthetically pleasing to the land scape when it is in operation, had no lasting impact on the land and promotes community participation in the zone, also utilising the connecting open space utilities and councils park and trial facilities.

The site contains the state heritage listed Old Spot hotel, and a freestanding bottle shop and drive through, both of which are considered retail by their nature.

Car parking (approximately) 240 spaces and bus bays, both formalised and un-formalised, together with landscaping have been provided and stablished on site, in association with the hotel.

Two vehicle access/regress points off Main North road service the site, the main cross over is located at the north end of the site adjacent the bottle shop, the second cross over is located adjacent the southern side of the property boundary.

Farm Direct has utilised the current parking and access/exit points without issue for over 12 months, they have also invested with the site owners in upgrades to parking facilities and the overflow parking on the hill top, and added parking for the stall holders on Market day.

The Market there fore is promoting the use and access to the use of the zone as intended by the legislation.

  1. BACKGROUND

Farm Direct markets have operated in the Salisbury area for around 3 years prior to moving to the Old Spot market location in or around May 2015, in both cases the market utilized existing car parking facilities adjacent hotel developments.

Farm Direct complied with all development planning assessments at its original site adjacent Roulettes tavern and bottle shop. The move to the new location was forced by lease agreements and issues with adherence to development planning regulations not being adhered to by the land owner at the previous site.

An initial one of market was held on the site as a trial, on Saturday the 23rd of June.

The first application was to operate a Special event “Farmers Market” on the subject site. A special event is defined with in schedule 9 (11(2) of the development regulations 2008, as meaning a “community, cultural, arts, entertainment, recreational, sorting or similar event” which is in line with a merit application.

Development approval was granted for the special event (produce market) between the 29th May and 13th of June, and the market operated without issue.

The second application was to obtain Development Approval for the ongoing “Produce Market” on the site.

The development approval went through a category 3 development applications as a merit form of application, the councils lawyers supported the application as a market, and to be considered as a merit application, not as shop, which is still undergoing legal scrutiny.

The council’s approval of the markets was challenged by a market competitor in the Environment and development court, the preliminary point of argument was that a stall/trestle was indeed a shop for the purpose of the application of development law.

The argument was upheld; as such the granted approval was rendered invalid as the council had approved the market as a merit application, rather than as a non-complying application.

Farm Direct community Markets then lodged an appeal before the full bench of the Supreme court to dispute the judge’s finding, this matter is to be heard on the 1st of August, with a finding to be handed down some time in the following 6 weeks from the hearing.

  1. Social, economic and the environmental effects of the development on its locality.

Farm Directs initial Statement of support covered the social, economic and environmental benefits of the Markets on the present location in detail, so ought to be read in conjunction with this “Statement of effect”

  • SOCIAL; Farm direct attracts people from the local community and from the surrounding suburbs into the local area, to increase participation in the open space zone. We promote use of the walking trials, community participation in the market itself, the local parks and encourage the whole families and neighbour hoods to enjoy the atmosphere the market creates.

 

  • ECONOMIC; Farm direct supports the local economy in a variety of ways, by bringing outside investment into the Salisbury area, by creating local jobs and ensuring access to affordable fresh produce. The Markets customer base is extensive attracting financial support from all over South Australia to the local area.

 

  • JOB CREATION; Farm direct Markets in Salisbury alone when we include our original market site which still operates, not only employs hundreds of South Australians, many from within the cities superb. We also help encourage and support small business enterprise, bring investment into the City and help local business improve their sales.

 

  • HEALTHY EATING; Farm Direct promotes healthy eating, community activity and helps educate local children about healthy eating and food production by supporting school trips to the market by several local primary level classes.

 

  • ENVIRONMENTAL; Farm directs environmental impacts have been a huge bonus to the area. We have no adverse impact on the locality, we have improved access to the trials and ensure we clean up every day we operate beyond any impact we have. Our producers now grow to suit our customer base alleviating waste, and any excess produce is utilised by donating to those who feed the homeless and to support local animal sanctuary’s.

 

  1. Characterisation and public notification

Farm Direct community markets initial development application process was considered a Category 3, which allowed for a public notification process.

The development panel heard from all objectors and found in favour of approving the market as a after a lengthy debate, the decision was majority support.

  1. Statutory – Referrals

Farm direct passed all of the statutory referrals during the previous application process, and has operated under them for over 12 months without any issue arising.

  1. DPTI

Traffic flow to and from Main North Road as proposed is supported and should be appropriately managed through the course of each market to ensure driver compliance.

DPTI strongly recommended that a traffic management plan be developed by the applicant to ensure that satisfactory traffic measures are put in place for market days.

  • Adequate onsite car parking be provided;
  • All temporary signage promoting the market should be contained on the subject land and installed and removed prior to and after each market

Farm Direct has complied with the directions and recommendations of DPTI, and continues to employ professional staff to manage internal traffic flow and parking, without any issue for over 12 months.

 

  1. DEWNR

The impact of the proposed use on the heritage significance of the state heritage place (Old Spot Hotel) is considered acceptable, as the market stalls are temporary structures, are located some distance from the hotel and will not affect the setting of the state heritage place

 

  1. DEVELOPMENT ENGINEERING

The proposal was supported as it has no fixed structures.

The vicinity of the market is not subject to flooding

 

  1. TRAFFIC

In order to provide efficient and safe circulation on site whilst providing pedestrian safety within the site at all times, a traffic management plan presently in place provides for accredited traffic management staff to be in place during the market operation on every Saturday.

The Market even at its busiest has been successful in handling traffic management over the past 12 months without issue.

The market attendance is expected to remain at present demand, which has resulted in vacant parking bays even at peek attendance times.

 

  1. HEALTH

Control of waste; Reasonable steps are already in place as a result of the original approvals.

Waste from the market is managed in accordance with the South Australian Public Health Act 2011 to prevent offensive odours and not accessible to pests and vermin

All waste water generated from the activity is effectively disposed to SA Water sewerage system to prevent any risk to public health; and

The Market stall holders all have their individual Food business notifications and have passed two on site council inspections since the start of operations at the Old Spot location.

 

  1. DEVELOPMENT DATA Site Characteristics Guideline Proposed Site Area Farmers Market

Area Total land size approx 26,400m2, Market use is approx. 2400m2

Site Dimensions Main North Road Frontage: Depth: 185m approx. 169m approx.(varies) Site Gradient Majority of site relatively flat with a low grade to the north and Little Para River.

Southern portion of the site supports a large embankment and plateaued at the top Easement Easements exist over the site to Transmission Lessor Corporation and Electranet P/L; and Distribution Lessor Corporation

  1. Number of carparks

No guidance in presently allowed for in the Development Plan for a produce market

Over 190 car parking spaces are available on site, for both the market and hotel when both are operating.

Market operation times are not in conflict with hotel main operating times on the days of the market operation, Market has increase parking by way of stall holder parking in a temporary area, and excess parking allowed as a flow over on the northern boundary, with access limited to market operational days.

  1. Buildings Temporary stalls comprising canopies and tables

 

  1. Affected Trees No significant trees affected

 

 

  1. Regulated Trees No regulated trees affected

 

  1. Street Infrastructure Existing crossover utilised

 

 

  1. SEP No SEPs affected

 

  1. Electricity pole No Electricity poles affected

 

 

  1. Telecommunication pit No Telecommunication pits affected

 

  1. Gas No gas infrastructure affected

 

  1. Water No water infrastructure affected

 

 

  1. Street Trees No street trees affected

 

  1. Flooding The proposed market location is not prone to flooding

 

 

  1. ASSESSMENT

No serious Variance Pursuant to Section 35(2) of the Development Act 1993

It was initially recommended that the assessment Panel determine that the proposal is not seriously at variance with the Salisbury (City) Development Plan – Consolidated 20 March 2014, which passed the development panel’s approval process.

The following reasons are proffered to support this recommendation:

  • The site, although within the Open Space Zone, is already utilized for commercial purposes as a hotel incorporating retail activities.
  • The proposed stalls are only temporary, erected and removed on each market day.
  • The proposed use is within the carpark of the Old Spot Hotel and operates at a time when hotel patronage is low; and
  • The temporary nature of the market will not detrimentally impact on the state heritage place or the intent of the zone.

It has been demonstrated that the proposed development has minimal or no unreasonable external impacts, so consent could reasonably be expected to be upheld even as a “Non-complying application”

Performance of the Markets operation over the past 12 months, clearly show it has had no adverse effects on the land, the surrounding area or the community in general.

The Market has remained well supported by the local community, and has not breached any of the directives of the council or the associated development initiatives.

It should be considered that the proposed development is not ‘seriously at variance’ with the City of Salisbury Development Plan.

  1. Assessment against Development Plan Objectives and Principles Primary Development Objectives and Principles of Development Control (PDC) Development Plan Reference Assessment Zoning & Land Use General Section Centres and retail Development Objective

1 PDC 10 and 12 Zone Provisions Open Space Zone Objective(s) 1, 2 and 5 PDC 1,

4 Recreation Policies Area 15 Objectives 1 and 2 PDC 1

The proposal satisfies the requirement of Objective 2 of Precinct 15 as it will provide an additional use (market) expanding the range of activities envisaged within the precinct on a site that is commercially developed (Old Spot Hotel) and supported within PDC 5 of the Precinct.

The market is retail in nature primarily offering produce (including local content) together with arts, craft and food stalls and will service the needs in part, both from a produce and entertainment point of view, of the broader community.

The market comprises no fixed structures and will operated twice weekly from 8.00am to 1.00pm from the carpark of the hotel.

Given its temporary nature (stalls erected and removed on the day), it could be argued that the proposal will have no greater detrimental impact than what currently exists (Old Spot Hotel and carpark) on the open space character intended for zone.

The market since operation in June 2015 has complimented the site, increased participation in the local park and trail facilities and has been well supported by the local community.

 

  1. Appearance of Land and Buildings (Amenity)

The proposal involves temporary canopies erected and removed on the day of the market.

No permanent structures are proposed, or erected.

Whilst noted, the relevance of objective 1 and the PDCs within the General Section (Design and Appearance) in this case is somewhat diminished as the canopies are not structures and temporary.

The intent of the objective and PDCs are linked to permanent structures on land, rather than the use of temporary gazebos.

The proposed temporary canopies are small in scale and size and clustered well away from the heritage listed Hotel and Main North Road, to the point where it could be argued that they have minimal visual impact on the locality and satisfy the requirements of PDC 7 and 9 of the Open Space Zone and PDC 5b of the precinct.

Heritage SA has supplied no objections to the inclusion of temporary structures of this type and the market has now operated for over 12 months without objections of any kind relating to the general appearance of the market in its current location.

  1. Building set-backs

The proposal involves temporary canopies erected and removed on the day of the market. The proposed temporary canopies are located well back from Main North Road (over 50 metres) separated from the road by a landscaped buffer and behind the current building line.

Given this, it ought to be the view that the proposal will have minimal visual impact on the existing streetscape.

  1. Impact on Retail Centres

The proposal provides for a retail trading area of approximately 1200m2.

Whilst the argument has been put that the proposed market may now fall under the definition of shop, given the retail nature of the market and its limited times of operation, assessment against the relevant objective and principles ought to concur, what it is proposed the Market does not hinder the development of centres.

The Development Plan envisages retail development with a gross leasable floor area greater than 250m2 within integrated centres.

Clearly the majority of stalls within the market are not unique (ie fruit and vegetable stalls, bakery products and the like) and could easily be located within centre zones, admittedly at some expense (leasing of premises and overheads).

The market provides stall holders with a substantially cheaper avenue to sell their products from temporary facilities.

Representations received during the original approval process, indicate the potential for the market to impact upon the trade of existing fixed premises selling the same products.

During the first 12 months of trading on the site, no adverse effects on local centres have been noted.

Shopping development that is more appropriately located outside of business centres and shopping zones or areas, should also be of a size and type which will not hinder the development or function of any centre zone.

The nearest centre to the subject property is the Elizabeth Vale Shopping Centre (1.5km approx) other major centres include:

  • Elizabeth South Shopping Centre (3.6km approx);
  • Elizabeth Town Centre (4.0km approx.); and
  • Salisbury Town Centre (4.5km approx.).

These centres provide more than the day to day needs of people living within the locality.

Based on the type of stalls, the primary purpose of the market is to sell produce, both locally and from interstate. The retail trading area (approximately 1200m2) on the days the market is running at full capacity may be considerable, but the market does not always operate at full capacity.

Add to that the limitation on operational times and weather restrictions that will inevitably undermine the ability of the Market to affect the performance of the centres.

The market will operate from the site twice a week between the hours of 8.00am and 1.00pm and become a permanent attraction to the locality.

The Wednesday operation only encompasses an area of approximately 350m2, and is utilised by local schools, so its impact on retail centres is of a minor nature.

It is clear the 1200m2 of retail trading area proposed for the market has not had a detrimental impact on uses within nearby centres.

Two of the four nearest centres are District Centres, Elizabeth Town Centre and Salisbury Town Centre. The other two, are Elizabeth Vale Shopping Centre on Sir John Rice Avenue, Elizabeth Vale (Suburban Activity Node Zone) and Elizabeth South Shopping Centre on Phillip Highway, Elizabeth South (Neighbourhood Centre Zone) which on inspection appeared to be operating at 100% occupancy.

Whilst potentially impacting on specific similar type businesses, I do not believe it could be argued that the market would hinder the development, function and viability of those centres.

  1. Car Parking and Access

Existing car parking on site for the Old Spot Hotel and bottle shop totals approximately 240 spaces.

This is made up of over 210 paved and line marked carparks at grade with the hotel and bottle shop and an additional 30 spaces in a grassed area at the top of the embankment at the southern end of the site.

Approximately 49 spaces of the northern carpark will be taken over by the market stalls and walkways leaving 191 carparks for the benefit of the market and hotel.

The Market has also improved access to the grassed overrun parking on the grassed area on top of the rear embankment and created another 25 spaces on the northern edge of the market to accommodate stall holder parking during Saturdays market trading.

There is no car parking standards that I am aware of for markets. That said, as the market is retail in nature, a car parking rate similar to a shop (7/100m2 of gross leasable area) as outlined in Table Sal/2 (Off Street Vehicle Parking Requirements) could be applied.

Gross leasable area (GLA) is defined in Schedule 1 of the Development Regulations 2008 as meaning; “The total floor area of a building excluding public or common tenancy areas such as malls, verandas or public toilets” The market covers a maximum 2000m2 of the northern carpark and comprises both stalls (approximately 60%) and walkways (approximately 40%).

With the GLA definition in mind and noting that the proposed market is not within a building or comprise leasable floor area, based on the car parking rate of 7/100m2, it could be assumed that the proposal would generate a demand of 84 spaces leaving approximately 107 spaces for hotel and bottle-shop use.

Site visits by Council staff during the course of the Special Event revealed that the proposed market required substantially more carparks than the 84 spaces envisaged for the retail trading area, although since operating for nearly 12 months, current parking facilities have been adequate.

The proposed market intends to operate on the subject land when hotel patronage is generally low, that being in the early – mid morning period. The nature of the proposed use is such that the peak demand (given the primary use is the sale of produce – fruit and vegetables) has been early – mid morning and thus coincide with the low period of the hotel.

This was confirmed by Council Staff observations during the initial trial periods. During the peak period of the market (approximately 9.30am -11.30am) Council staff observed that the carpark demand on site exceed supply.

The Market operators opened up added parking spaces and employed licensed parking operators to ensure access to parking spaces was improved

At the same time, the proposed stall holder’s staff carpark at the top of the embankment had no more than six vehicles parked there. Since then the Market operators have made changes to internal parking, resulting in spare customer parking spaces even during peak operating times.

Even during the markets grand opening where it was running at full capacity, there appeared to be no significant queuing or detriment impact on traffic movement on Main North Road. This appeared to be in part due to patrons of the market using the Carisbrooke Park public carpark on the west side of Main North Road adjacent the subject site and assistance by the Markets professional road traffic controllers.

Council staff during the busiest markets reported they also observed that during the markets busiest days from approximately 11.30am, car parking spaces were always available on the subject land with the carparks never reaching capacity.

Substantially more spaces were available in the Carisbrooke Park carpark during the same period.

The peak car parking demand associated with the market had passed and would continue to decrease till closing. Combined, it appeared that the subject land and Carisbrooke Park carpark provided adequate off road car parking for both uses on the subject land at peak demand (approximately 9.30am -11.00am).

Due to convenience, it is likely some market patrons are likely to use the Carisbrooke Park carpark irrespective of whether car parking spaces were available on the subject land.

The traffic management plan put forward by the market identifies intended traffic circulation on site during market days and includes details of signage to be erected. This plan has been followed by the market management and traffic controllers for the past 12 months, and is preforming well.

With this Traffic Management Plan in place, the relocation of stall holder vehicles to the proposed staff carpark as proposed and use of Carisbrooke Park carpark , the proposal easily satisfies the provisions of Objective 2 and provide safe and efficient movement into, out of and within the site.

 

  1. Landscaping; Existing landscaping is to be retained. No additional landscaping is proposed.

 

  1. Environmental management;

The proposal complies with the relevant requirements. Stormwater management for the site is currently in place. The proposed market will not generate any additional runoff flow.

The applicant has put measures in place that comply with Councils Health Department requirements relating to the management of waste water.

 

  1. Transportation (Movement of People and Goods)

The proposal generally satisfies the Development Plan requirements relating to this section.

The applicant has submitted a Traffic Management Plan in support of the proposal. The plan supports the northern crossover into the site as entry only and the southern crossover as exit only.

Traffic circulation on site will be managed to achieve this. The Traffic Management Plan will if properly instigated by the applicant provide safe access for vehicles into, out of the site and circulation within the site.

DPTI have reviewed the Traffic Management Plan prepared by the applicant (not the most recent plan) and supporting information and in principle have raised no objection subject to vehicles accessing the site from the northern crossover and exiting the site via the southern crossover as the applicant proposes.

Farm direct has had no adverse impact on local traffic flow in the last 12 months, and even during the abnormal busy promotional periods.

The Market operators have installed extensive internal signage and employ 2 professional traffic controllers during their Saturday markets, which have proven able to effectively prevent any adverse issues, and ensure safe use of the existing plan over the past 12 months of operation.

  1. Outdoor Advertisements;

The proposal will satisfy the requirements relating to outdoor advertisements.

All signs associated with the proposed use will be temporary. The main sign promoting the market will be an A-framed sign mounted on a trailer adjacent the northern entry into the site. All other signs apart from stall identification will be small directional signs to direct vehicle traffic on site.

The proposed signs will not result in the disfigurement of the local urban environment or result in visual clutter. The main sign advertising the market is not illuminated and of a size that is not likely to distract drivers on Main North Road from their primary driving task. It is not variable (changing message) thus satisfying a DPTI requirement.

 

CONCLUSION

The applicant has applied for a farmers market comprising a maximum of 40 stalls and occupying approximately 2000m2 of the northern carpark of the heritage listed Old Spot Hotel at 1955 Main North Road, Salisbury Heights.

The market intends to trade on the Wednesday and Saturday of each week between the hours of 8.00am and 1.00pm. Whilst the market is retail in nature, for the reasons outlined in the background section of this report, it should be assessed as an undefined use.

The Market has operated successfully for over 12 months, with excellent support from the local community as a whole.

The Department of Environment, Waste and Natural Resources (State Heritage Unit) have advised that the proposed market will not have any adverse impacts on the heritage listed Hotel.

The proposal underwent Category 3 notification. Six (6) representations were received. The key concerns raised by representors related to onsite car parking and traffic management and the external impact of the use on traffic movement on Main North Road and local streets.

The Market has overcome all these concerns, and has operated without any recent concerns.

The proposed market will support a maximum retail trading area of approximately 1200m2 comprising a variety of stalls. The Development Plan encourages development with retail floor areas greater than 250m2 within centre zones unless it can be proven that they do not hinder the development, function and viability of centres.

It is the view of the applicant that given the nature of the use (retail) and type of activity proposed (market), whist potentially impacting commercially on selected uses within centres (predominantly fruit and vegetable stores), the proposal will not detrimentally impact on the overall function and viability of the nearest centres.

ITEM 5.1.1 Page 30 City of Salisbury Development Assessment Panel Agenda – 21 July 2015 Item 5.1.1 On market days, 191 carpark spaces will be available on site for patrons of both the market and Old Spot Hotel and bottle-shop, since then the facilities have been improved.

It is clear given the nature of the use and from the councils own observations of the market at its busiest operational times, that the demand for onsite spaces during the peak period, exceeds onsite parking availability. That said, adequate parking is available on both the subject land and adjacent Carisbrooke Park carpark to accommodate the peak demand of the market.

I note that since the councils own observations, the Markets general trade has softened and even though this is the case, internal parking has been expanded to ensure even during special events, the Market is able to ensure they can handle any traffic flow in and out of the property.

Whist the Carisbrooke Park carpark has not been encouraged as a carpark ancillary to the market, it should be noted that it is a public carpark and available to everyone. Outside, of the peak market period, onsite parking provision appears to be in balance with or exceeds demand.

The Department of Planning Transport and Infrastructure (Traffic Safety) in principle support the proposal, the current success of the market in handling “Traffic Safety” should have alleviated any concerns DPTI may have had.

The Market has submitted and adhered to an internal traffic management plan during the past 12 months of operation, which has been a success.

The applicant can see no valid reason for this application not to proceed to approval, based on the application itself and the performance of the market over the past 14 months in operation and over 4 years in the Salisbury area.

 

Mark Aldridge

Farm Direct community markets.