Home' InDaily : September 10th 2010 Contents Legal due diligence
Capture and protect the value of your IP and goodwill
before you negotiate a sale or joint venture.
We have been successful in adding value to our
clients business prior to sale as well as exploiting
previously unrecognised IP and know how in Australia
and overseas, particularly China.
For an initial discussion phone
Business & Commercial Lawyers
Level 1/133 Archer Street, North Adelaide, SA 5066
Ph. 8360 8360
September 10 - 16, 2010
The Independent Weekly news
The Onkaparinga Council this week
rejected plans for the controversial
Seaford Heights development in
one of its last acts before it goes into
caretaker mode before the November
elections. In doing so, it over-rode
a recommendation from its own
Development Assessment Panel.
The gateway to McLaren Vale
heralds a picturesque countryside
filled with vineyards, but this
tourism drawcard has been housing-
in-waiting since the 1960s.
In 1962, the Seaford Heights site
was earmarked for housing and in
the late 1980s the State Government
zoned the land residential.
The State Government s Land
Management Corporation owned
the land until 2008, when it sold half
to Fairmont Homes. Fairmont is
now responsible for turning this
undeveloped gateway into a housing
estate with shops and, eventually, a
Fairmont has been responsible
for residential developments around
Adelaide, including Munno Para and
Parafield Gardens, and prides itself
on providing "high-quality and
low-price" homes. Any interested
customers can this week inquire
about its "free ducted cooling" offer.
Connor Holmes, the development
advisor responsible for the State
Government s 30-Year Plan, to
create the master plan for Seaford
Connor Holmes has come under
fire from Greens MLC Mark Parnell
regarding a potential conflict
of interest between its work for
private developers and the State
Government. It denies any conflict.
Opponents of Seaford Heights say
it would be an eyesore and have a
disastrous effect on the region s $1
billion tourism industry.
McLaren Vale Grape Wine and
Tourism Authority spokesperson
Dudley Brown is happy with the
council s decision to reject the
Mr Brown said a geological map
of McLaren Vale, featured in The
Independent Weekly last month,
revealed the site was some of the
best unplanted grape-growing land
in the country.
"The Government needs to
recognise that the billion-dollar
grape and tourism industries and
the community are united in
opposing this development," Mr
"I wrote a letter to the Minister
requesting a meeting as a matter of
urgency, but he hasn t replied so I
don t know if that means they are
It was at the public consultation
phase of this process that the
community became vocal in its
Onkaparinga Council claims the
development process is flawed and
has left all the public consultation to
the final stage.
The current process means the
developer will work with the council
to produce a master plan, which is
then approved by the government
and finally put out for public
Mayor Lorraine Rosenberg said
the public needed to be involved
earlier in the development process.
"The development process is a
dud. The council needs to be able
to engage the community in the
development of the statement of
intent at the start. That way no
surprises come at the end," she said.
"Maybe if the Government
involved the community in the
initial decision in the 1980s, then
people would have jumped up and
down then instead."
Ms Rosenberg said issues were
raised that weren t included as part
of the development s statement of
intent and thus weren t able to be
considered by the council.
"There were so many unanswered
questions. What is the timing of the
railway? The effect of the density?
What effect would a housing
development on that site have from a
tourism perspective?" Ms Rosenberg
"The rail extension to Seaford
timing is completely unknown. How
can you properly design a master
plan without that?"
The council has recommended
that the Planning Minister include
the Seaford Heights land into the
plan for the greater Willunga Basin,
potentially rezoning it as a rural
The decision whether to progress
with the 2500 resident housing
estate now rests with the State
Seeing red at Seaford
Winery owner David Paxton: Prime grape-growing land is likely to be used for housing.
Photo: Kate Elmes
Master Builders Association of
SA and the Housing Industry
Association. Similarly I have a
cooperative relationship with the
Local Government Association and
local councils throughout SA. All
rezonings go through an extensive
and very transparent consultation
Mt Barker Council is opposed to
the Government s mega-plan, but
denies it is anti-development or that
its objective is to "stifle any growth".
Mt Barker mayor Ann Ferguson
supports increasing the town s
population, but the council has
its own plan for medium density
housing on a smaller area of land.
"I think it s quite irresponsible
of these people not to listen to what
we re saying," she insisted.
What the Mt Barker population
is saying is a loud "no". More than
nine in 10 people who responded to
the Government s plan did so in the
"Already it s caused social
dislocation and made enemies of
friends," Ms Bailey said.
"Since the plan s release,
properties that were worth $170,000
were overnight valued at over
half a million dollars. Third and
fourth-generation farmers are
realising they can make more by
selling their land than they can by
growing food. Family inheritances
are going, and that s causing fights
between brothers and sisters. Even
people who don t want to sell their
farms to developers might be forced
to, if their rates -- now assessed as
rural -- go up to residential.
"This is now a community
divided by enmity. The sense of loss
is greater than the fast personal
gain which might be made by
developers, or people selling their
land to developers."
Mr Holloway is unrepentant.
"It is a pace of growth that can
accommodate additional homes
and allow the Government and the
private sector the time to invest in
the required infrastructure as and
when it is needed," he said.
"The easiest thing to do in
politics is to do nothing, to sit back
and allow Adelaide to grow in an
ad hoc way. To embark on a major
exercise like the 30-Year Plan is
a risky venture but it is one that
needs to be done. To attempt major
change of this scale is challenging
and has no doubt drawn its fair
share of critics. Without a 30-Year
Plan, Adelaide s growth would
be subject to incremental creep,
which is not in anyone s interests.
However much I may be attacked
now and my motives questioned, at
least the introduction of the 30-Year
Plan has encouraged people to talk
passionately about the options for
the future of our city."
And talk they do, but there is
barely a skerrick of a suggestion
that Mike Rann s election night
speech -- "We have to listen to the
message of the people" -- is more
than election night euphoria.
So the last word will go to
Minister Holloway to critics of
his plan. "I m not going to be
deterred by that. We just have to
move forward. We can t afford to do
anything else and that s what I ll be
Without a 30-Year
Plan, Adelaide s
growth would be
subject to incremental
creep, which is not in
anyone s interests.
-- Minister Paul Holloway
From Page 5
Houses are being built in the shadow of high-voltage transmission lines. Photo: Kate Elmes
Links Archive September 9th 2010 September 14th 2010 Navigation Previous Page Next Page