Ordinary Meeting of Council 09 November 2016

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3.11 APPLICATION FOR RESIDENTIAL OUTBUILDING - LOT 18 (31B) HELENA STREET GUILDFORD (DA568-16)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• This is a retrospective application for an already constructed 3.5m2 garden shed situated in the north-western front corner of the property at Lot 18 (No.31B) Helena Street, Guildford.

• The shed is used for the storage of domestic items including bicycles.

• The property abuts the Swan Canning Development Control Area and was referred to Department of Parks and Wildlife (DPaW) for comment. They have advised of no objection.

• Both the Residential Design Codes of WA and the Guildford Conservation Precinct Planning Policy are relevant in the assessment of this application. To meet the deemed-to-comply provisions of the R-Codes, outbuildings should be located to the rear of properties. If not they must be considered as to whether or not they detract from the streetscape or the visual amenity of residents or neighbouring properties.

• The Guildford Conservation Precinct Policy makes no specific reference to outbuildings but is similarly concerned with buildings fitting in to, and not detracting from, the streetscape.

• The application was referred to the Guildford Association who provided comment to note that garden sheds are traditionally located to the rear of properties.

• The shed is small, positioned on the property so as not to obstruct views of the house from the street and integrated with the garden. It is considered that these factors, in conjunction with a recommended requirement for the shed being painted a green colour to blend with the garden background, will ensure the shed will not detract from the streetscape.

It is recommended that the Council grant approval to the proposed Outbuilding at Lot 18 (No.31B) Helena Street Guildford, subject to conditions.

Ordinary Meeting of Council 09 November 2016

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AUTHORITY/DISCRETION

Council has discretion pursuant to Clause 10.3 of Local Planning Scheme 17 to approve (with or without conditions) or refuse application for planning approval. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 4 of the State Administrative Tribunal Act 2004 and Part 5 of the Planning and Development Act 2005.

The Council also has discretion by way of delegation from the Western Australian Planning Commission to determine applications pursuant to Clause 30A(2)b(i) of the Metropolitan Region Scheme for development of land that abuts the Swan Canning Development Control Area.

BACKGROUND

Applicant: Susan Jane Davenport Owner: Susan Jane Davenport Zoning: LPS17 - Residential R5 MRS - Urban Strategy/Policy: State Planning Policy 3.1 - Residential Design Codes of

Western Australia Guildford Conservation Precinct - POL-C-106

Development Scheme: N/A Existing Land Use: Single House Lot Size: 948m2 Lot Area: Guildford Use Class: Single House ‘P’

DETAILS OF THE PROPOSAL

The applicant has erected a 2.3m x 1.9m shed within the front north-west corner of Lot 18 Helena Street Guildford. The outbuilding is to be used for the storage of domestic items including bicycles. The shed is clad in zincalume sheeting.

A development application is required as the construction of an outbuilding is not exempt within the Guildford Conservation Precinct.

CONSULTATION

The application was referred to the Department of Parks and Wildlife Rivers and Estuaries Division given the lot abuts the Swan Canning Development Control Area. DPaW have advised that they do not consider it likely that the shed will have any adverse impact on the Development Control Area and accordingly advise of no objection.

The application was also referred to the Guildford Association Inc. The Association made comment to the effect of noting that new additions or buildings should be located behind the line of the house but observes there is no specific reference to outbuildings in the Guildford Conservation Precinct Policy.

Ordinary Meeting of Council 09 November 2016

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DETAILS

Residential Design Codes of Western Australia and Guildford Conservation Precinct Design Guidelines

Clause 5.4.3 of the Codes sets out various criteria, principally concerned with siting and size of outbuildings, that are deemed-to-comply. Where outbuildings are proposed within the primary street setback area they must be considered against the requirements that they do not detract from the streetscape or the visual amenity of residents or neighbouring properties.

The Guildford Conservation Precinct Policy makes no specific reference to outbuildings but is similarly concerned with buildings fitting in to, and not detracting from, the streetscape.

The shed is small, positioned on the property so as not to obstruct views of the house from the street and integrated with the garden. It is considered that these factors, in conjunction with a recommended requirement for the shed being painted a green colour to blend with the garden background, will ensure the shed will not detract from the streetscape.

Conditional approval is therefore recommended.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the proposed 'Residential Outbuilding' on Lot 18 (No.31B) Helena Street, Guildford with a condition that it be painted green.

Implications: The shed will be approved in its existing location.

This is the recommended option.

Option 2: Council may resolve to refuse to grant approval to the proposed 'Residential Outbuilding' on Lot 18 (No.31B) Helena Street, Guildford, for the following reason:

1. The sheds location within the front setback of the property detracts from the streetscape.

Implications: If aggrieved with Council's decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of Councils Decision.

This is not the recommended option.

CONCLUSION

This is a retrospective application for an already constructed 3.5m2 garden shed situated in the front yard of the property at Lot 18 (No.31B) Helena Street, Guildford.

The shed is used for the storage of domestic items including bicycles.

Ordinary Meeting of Council 09 November 2016

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The property abuts the Swan Canning Development Control Area and was referred to Department of Parks and Wildlife (DPaW) for comment. They have advised of no objection.

Both the Residential Design Codes of WA and the Guildford Conservation Precinct Planning Policy are relevant in the assessment of this application. To meet the deemed-to-comply provisions of the R-Codes, outbuildings should be located to the rear of properties. If not they must be considered as to whether or not they detract from the streetscape or the visual amenity of residents or neighbouring properties.

The Guildford Conservation Precinct Policy makes no specific reference to outbuildings but is similarly concerned with buildings fitting in to, and not detracting from, the streetscape.

The application was referred to the Guildford Association who provided comment to note that garden sheds are traditionally located to the rear of properties.

The shed is small, positioned on the property so as not to obstruct views of the house from the street and integrated with the garden. It is considered that these factors, in conjunction with a recommended requirement for the shed being painted a green colour to blend with the garden background, will ensure the shed will not detract from the streetscape.

It is recommended that the Council grant approval to the Proposed Outbuilding at Lot 18 (No.31B) Helena Street Guildford, subject to conditions.

ATTACHMENTS

Aerial Photo

Site photo 1

Site photo 2

Site plan

Elevation Plan

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

City of Swan Local Planning Scheme No.17

State Planning Policy 3.1 - Residential Design Codes of Western Australia

Guildford Conservation Precinct Policy - POL-C-106

Ordinary Meeting of Council 09 November 2016

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FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Approve the proposed 'Residential Outbuilding' on Lot 18 (No.31B) Helena Street, Guildford, subject to the following conditions:

1. This approval is for a 'Residential Outbuilding' as illustrated on the approved plan.

2. The applicant is to paint the shed in a green colour in accordance with the Guildford Conservation Precinct Policy within 30 days of the date of this approval.

3. Earthworks, footings and/or structures are not to extend over any lot boundaries.

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) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise the Guildford Association of the Council's decision.

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