15.1 PROPOSED DRESSAGE RINK, SHED AND STABLES ......horses. • It is proposed to construct a dressage rink, rural shed and horse stables on the property. The shed is proposed to cover

Ordinary Meeting of Council 28 May 2014

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15.1 PROPOSED DRESSAGE RINK, SHED AND STABLES - LOT 231 (NO.450) PADBURY AVENUE, HERNE HILL

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning)

KEY ISSUES

• Lot 231 (No.450) Padbury Avenue, Herne Hill contains a single dwelling, a shed and a horse shelter. The property has existing approval for the keeping of 10 horses.

• It is proposed to construct a dressage rink, rural shed and horse stables on the property. The shed is proposed to cover the dressage rink and incorporates stables, with dimensions 30m x 40m (1,200m2), wall height 5m ridge height 6.2m, and is open on two sides.

• The application was advertised to 6 immediately surrounding landowners. Two submissions of support and 15 objections were received. The objections related to size, amenity and loss of views, potential for future industrial land uses, existing equestrian facilities in close proximity, adverse impact on environment and availability of alternatives to shade structure.

• The application was deferred from the Ordinary Council Meeting of 16 April 2014 to enable an onsite inspection by Councillors. That inspection occurred in the late afternoon of Friday 9 May. Discussion between Councillors and the applicant suggested an alternate location for the siting of the proposed shed that would be supported by those surrounding landowners that had objected.

• Revised plans have been submitted (received 9 May 2014) that have re-sited the proposed shed further to the east (in the paddock on the opposite side of the driveway). This new location means the shed is some 110 meters from the western side boundary and the objecting neighbour’s property.

• The proposed shed is considered consistent with the rural character objectives associated with the 'Swan Valley Rural' zoning of Local Planning Scheme No. 17 (LPS 17), and was supported by the Swan Valley Planning Committee.

It is recommended that the Council approve the Dressage Rink, Rural Shed and Stables (Rural Pursuit) at Lot 231 (No.450) Padbury Avenue, Herne Hill subject to conditions.


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AUTHORITY/DISCRETION

Council has discretion pursuant to Clause 10.3 of the Scheme to approve (with or without conditions) or refuse applications for planning approval. If the applicant is aggrieved with the decision of the Council a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 5 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Drescher & Associates Owner: A & J Dammers Zoning: TPS - Swan Valley Rural MRS - Rural Strategy/Policy: Swan Valley Planning Act 1995 (Area B) Development Scheme: LPS 17 Existing Land Use: Single House / Rural Pursuit Lot Size: 6.1643ha Use Class: Rural Pursuit ‘D’ use

DETAILS OF THE PROPOSAL

It is proposed to construct a dressage rink / arena, rural shed and horse stables on the property.

The dressage rink in itself is proposed to be 20m x 60m, 1,200m2. The eastern third of the rink is proposed to remain uncovered.

The rural shed is proposed to cover the western two thirds of the dressage rink and incorporates stables and breeze way, with overall dimensions 30m x 40m (1,200m2). The structure has a proposed wall height of 5m and maximum roof ridge height of 6.2m. The structure is proposed to be open on the eastern and southern boundaries.

The stable portion of the shed proposes 5 stalls, store room, wash bay and feed and tack room.

The shed is proposed to be setback 120m from the front boundary, and 20m from the western boundary. The arena will be fenced with post and rail.

The development is proposed to be utilised for the training of dressage horses for personal interest. Horses will be transported by float to the state equestrian centre for competitions.

Additional screening landscaping is proposed as shown on the site plan.


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DESCRIPTION OF SITE

Lot 231 (No.450) Padbury Avenue, Herne Hill has an area of 6.1643ha and contains a single dwelling, a shed and a horse shelter. The property is grassed paddocks, with a perimeter of trees along the western and northern boundaries and along the central driveway. The site slopes up from the northern boundary at the road to the rear southern boundary approximately 2.5 degrees.

The property is located within the ‘Swan Valley Rural’ zone and has direct access to Padbury Avenue to the north. An unconstructed portion of Cymosa Street runs along the eastern boundary. Darling Range regional park is located to the east of the site. A tributary of Susannah Brook traverses the north east corner of the site.

The property has existing approval for the keeping of 10 horses.

SITE HISTORY/PREVIOUS APPROVALS

DA-387/2008 Shed and Keeping of Horses

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

A 2419.2m2 covered horse arena was approved by Council at its 18 December 2013 meeting at Lot 24 West Swan Road, Belhus. This development was within the same zoning and same area of the Swan Valley Planning Act 1995.

In April 2013 planning approval was granted under delegated authority to construct a 1000m2 covered horse arena at Lot 6 Edward Street, West Swan.

APPLICANT'S SUBMISSION

• The landowner’s hobby is dressage, and keeps retired dressage horses as pets. They currently have three horses and are purchasing a fourth.

• It is proposed to establish an Olympic size dressage equestrian arena, two thirds undercover, with associated stables and equipment rooms.

• They currently own a rural property in Mariginiup with the same facilities as that proposed, without cover. They are relocating to be closer to the state equestrian facility.

• Dressage training is time intensive. The landowner has a history of skin cancer requires a covered area to prevent sun exposure. The covered area will also allow for riding in inclement weather.

• There is an existing approval for keeping of 10 horses on the property, obtained by the previous owner, and the landowners intend to manage the property in accordance with the approved farm management plan.


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• Water is available to the property via bore, scheme supply and a dam. The site is extensively planted with mature trees which screen existing and proposed development on the property. Additional trees will be planted to increase screening.

• Adjacent Darling Range Regional Park has significantly high rocky outcrops which reduces the visual impact of structures on the property.

• The flooring will be a hard base of limestone and road base, and a mixture of river sand and rubber flakes to minimise dust (same material is used at the State Equestrian Centre). Roof drainage will be stored in a water tank.

• It is intended to use the property for private use only, and ‘Rural Pursuits’ can be approved in the zone.

• The most appropriate location has been chosen on the site, to minimise impact on environment and amenity.

PUBLIC CONSULTATION

The application was advertised to 6 immediately surrounding landowners. Two submissions of support and 15 objections were received. The objections cited the excessive size of shed, loss of views and adverse impact on amenity, its potential for future industrial land use, impact on existing equestrian facilities in close proximity, adverse environmental impact of horses and availability of alternatives to shade structure. These matters are discussed in the details section of this report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee (SVPC) which at its meeting held on 3 February 2014 resolved to:

“1. note that the proposal as it is consistent with the planning objectives of section 8 of the Swan Valley Planning Act 1995;

2. recommend to the City of Swan that the proposal be approved subject to the property being adequately screened to protect the immediate and broader visual amenity of the Valley”


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DETAILS

Zoning and Land Use Permissibility

The lot is zoned 'Swan Valley Rural' under the City’s Local Planning Scheme No.17 (LPS17). The development is proposed to be used for the keeping of livestock and is therefore incidental to Rural Pursuit' which is a 'D' (discretionary) land use within the Zone:

"LPS 17 defines 'Rural Pursuit' as "any premises used for -

(a) the rearing or agistment of animals;

(b) the stabling, agistment or training of horses;

(c) the growing of trees, plants, shrubs or flowers for replanting in domestic, commercial or industrial gardens; or

(d) the sale of produce grown solely on the lot,

but does not include agriculture – extensive or agriculture – intensive;"

The keeping and training of horses is for personal use and hence is consistent with the Rural Pursuit land use. The shed is incidental to the 'Rural Pursuit' because there is no commercial training or exercising of horses and/or training of riders. The applicant has confirmed that no professional riding instruction will take place on the property, therefore it is not an Equestrian Facility, which is a use not permitted within the Swan Valley Rural zone.

Objectives of the “Swan Valley Rural” Zone

(a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

The property is not currently used for any viticulture or significant horticulture, but has been planted with perimeter trees for landscaping purposes. Additional landscaping is proposed as a screening mechanism. It is considered that this provides some degree of enhancement of the natural landscape.

(b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

There is an existing dwelling on the highest portion of the property. The proposed shed and arena are proposed downslope. The planting of perimeter trees which has been undertaken will also mitigate impact on local amenity.

(c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

No activities will be carried out on site which will negatively impact on the soil resource.

(d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act (2005).


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Swan Valley Planning Act 1995

The application has been assessed against those Planning Objectives of Area B of the Swan Valley Planning Act 1995 pertaining to the protection of viticulture, promotion of viticulture compatible tourism uses, protection of rural character through appropriate design, siting and landscaping of development and avoidance of overstocking and other land use practices that may degrade the environment. Planning objectives 5, 5A, 8 and 9 of Area B are not applicable or are irrelevant in this instance, and therefore, not addressed.

Concerns with the keeping of horses on the property are not relevant to this application; a conditional approval having being previously granted for this.

Size of shed and impact on visual amenity

Submissions in opposition to the shed claim it is too large and will adversely impact the rural visual landscape of the locality.

The revised plans that have re-sited the proposed shed have it setback 103 meters from the front boundary (a reduction from the 120 metres of the original proposal) and approximately 110 metres from the western side boundary where previously 20 metres was proposed. Ward Councillors suggested this modified siting arrangement to the applicant in consultation with the adjoining owner and it is understood other surrounding owners. It is understood this arrangements resolves their concerns with impact on their visual amenity. This resited arrangement and increased western boundary setback, in conjunction with existing screening vegetation, ensures the proposal no longer has any potential impact on the character and amenity of the locality.

Commercial or industrial land uses

The shed is proposed as a covered riding arena and if approved would be limited to such use. There is no basis to suggest it will be used for industrial purposes.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the proposed Dressage Rink, Rural Shed and Stables (Rural Pursuit) at Lot 231 (No.450) Padbury Avenue, Herne Hill subject to standard conditions.

This is the recommended option.

Implications: The applicant will be able to proceed.


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Option 2: Council may resolve to:

Refuse the proposed Dressage Rink, Rural Shed and Stables (Rural Pursuit) at Lot 231 (No.450) Padbury Avenue, Herne Hill for the following reason:

i. The dressage rink, rural shed and stables, by virtue of their size,

are considered to have an adverse visual impact on the prevailing rural character of the locality and so are incompatible with those Planning Objectives of Area B of the Swan Valley Planning Act pertaining to these matters as well as the objectives of the "Swan Valley Rural" zone under the City's Local Planning Scheme No.17 that relate to the same.

This is not the recommended option.

Implications: The applicant will have the right of a review of the decision by the State Administrative Tribunal.

Note: Where the City of Swan recommendation does not concur with a referral agency (i.e. Swan Valley Planning Committee) the application is to be determined by the WAPC.

CONCLUSION

The proposed dressage rink, rural shed and stables at Lot 231 (No.450) Padbury Avenue, Herne Hill fall within the definition of a ‘Rural Pursuit’ which is a ‘D’ land use within the Swan Valley Rural zone.

The rural shed is proposed to cover two thirds of the dressage rink and has an area of 1,200m2.

15 objections were received as a result of public advertising, citing concerns with size, environmental impact, proximity to existing facilities, potential for commercial or industrial land uses, impact on the Swan Valley amenity, and alternatives to constructing a shade structure.

The resiting of the proposed shed increases the critical western boundary setback to 110 metres and resolves visual impact concerns of adjoining neighbours.

The development is considered to be compliant with the relevant provisions of LPS 17, Council’s Policies and the Swan Valley Planning Act 1995, and will have a limited impact on amenity. Additional screening landscaping is also proposed.

It is considered that the application is consistent with the objectives of the zone and accordingly approval is recommended.


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ATTACHMENTS

Aerial Photo and Location Plan

Site Plan

Floor Plan

Elevations

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Swan Valley Planning Act 1995 Planning and Development Act 2005 Local Planning Scheme No. 17

Part 4.2.19 - Rural Livign Zone Part 8 - Development of land Part 9.4 - Advertising of applications Part 10.2 - Matters to be considered by Local Government

POL-TP-126 (Building and Development Standards, Rural Zones)

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


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RECOMMENDATION

That the Council resolve to:

1) Approve the application (outlined in the revised plan received 9 May 2014) for the Dressage Rink, Rural Shed and Stables (Rural Pursuit) at Lot 231 (No.450) Padbury Avenue, Herne Hill subject to the following conditions:

1. This approval is for “Dressage Rink, Rural Shed and Stables (Rural Pursuit)” as illustrated in the approved plans. The subject land may not be used for any other use without the prior approval of the City.

2. The shed is not to be used for human habitation.

3. The walls and roof of the shed shall be clad in a material or painted in a colour of natural or earth tonings to complement the surroundings, and/or adjoining developments, in which it is located to the satisfaction of the Chief Executive Officer.

4. Prior to application for a Building Permit the applicant is to submit a landscaping plan to the satisfaction of the Chief Executive Officer detailing proposed plant species and density of planting to effect screening of the northern façade of the arena.

5. All landscaping must be completed in accordance with the approved site plan prior to the use of any building and maintained thereafter.

6. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.

ADVICE NOTES: Standard advice notes apply.

2) The applicant/owner to be advised of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise all submitters of Council's decision accordingly.

MOTION that the Council resolve to:

1) Adopt the staff recommendation, with the deletion of conditions 4 and 5 and the balance of the conditions renumbered.

2) Record the reason for changing the recommendation to delete to landscaping requirements is that the resited location of the shed benefits from the increased setback from adjoining properties to the west and greater screening from existing trees. Extra landscaping is therefore not considered to be required.

(Cr Trease - Cr Bailey)


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RESOLVED UNANIMOUSLY TO:

1) Approve the application (outlined in the revised plan received 9 May 2014) for the Dressage Rink, Rural Shed and Stables (Rural Pursuit) at Lot 231 (No.450) Padbury Avenue, Herne Hill subject to the following conditions:

1. This approval is for “Dressage Rink, Rural Shed and Stables (Rural Pursuit)” as illustrated in the approved plans. The subject land may not be used for any other use without the prior approval of the City.

2. The shed is not to be used for human habitation.

3. The walls and roof of the shed shall be clad in a material or painted in a colour of natural or earth tonings to complement the surroundings, and/or adjoining developments, in which it is located to the satisfaction of the Chief Executive Officer.

4. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.

ADVICE NOTES: Standard advice notes apply.

2) The applicant/owner to be advised of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise all submitters of Council's decision accordingly.


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Documents

15.1 PROPOSED DRESSAGE RINK, SHED AND STABLES ......horses. • It is proposed to construct a dressage rink, rural shed and horse stables on the property. The shed is proposed to cover