Adelaide Hills Council taken to court over refusal of infill development in Stirling
A developer of a major nine-home infill development in Stirling is heading to court to fight against the Adelaide Hills Council’s decision to knock it back.
Adelaide Hills
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Adelaide Hills Council has rejected an application to build a nine-home development in Stirling – but the developer is ready to fight.
John Ellery is appealing the council’s decision to refuse the infill development, including six split-level townhouses at 20 Pomona Road in the Environment, Resources and Development Court.
His application was denied by the council’s assessment panel in July, despite it approving a similar development at 21 Pomona Road only months earlier.
Court records showed plans were knocked back because of the challenging topography of the 4098 sqm block, which is currently occupied by a single residence.
“The proposal does not contribute to the character of the zone due to the bulk and scale of the proposal, maximum building variance and the substantial alteration to the landform and significant removal of native vegetation,” court records stated.
“(This is) on a site where the desired character envisages transitional design that achieves a blending dwelling density form and also reflects the spacious landscape appearance of adjoining residential areas.
“The scale of the proposed structures on or near the boundaries impact on the visual amenity of the area and adversely alters the character of neighbouring properties and the area.”
Other areas of concerns highlighted by Adelaide Hills Council to the courts included a lack of lighting within the home and outdoor areas and the fact that the development would be visible from the South Eastern Freeway.
The matter has been adjourned to September 10 and, if approved, will be the second major infill development in Stirling.
A seven-home development across the road at 21 Pomona Road is already well underway.
The council gave its final stamp of approval for the construction of five single-storey and two double-storey townhouses earlier this year.
The homes will be built on lots of about 500sq m by S and A Bell Pty Ltd development.
The council manager for Development and Regulatory Services, Marc Salver, said subdivisions had been a long time coming with more on the way.
“For the Adelaide Hills, that’s the first development of its kind as we’ve never had developments in more urban areas such as Stirling, Aldgate, and Bridgewater down to such a small size,” he said.
“(Infill developments) are the future as it will allow us to cater for a demographic that still wants to live in the Hills but need to downsize, or even a young family wanting to live in the area.
“The reality is that without infill land divisions, Adelaide Hills is not going to grow.
“If that (20 Pomona Road) was a flat site, there wouldn't be a problem – it would (also) be getting approval.”