Ordinary Meeting of Council 05 June 2019

Page 1

3.12 CONSTRUCTION OF COLOURBOND FENCING - LOT 101 (NO.25) SUFFOLK STREET, CAVERSHAM (DA586-18)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The applicant is seeking approval for the existing unauthorised colourbond fencing constructed along the southern boundary of the subject lot. The purpose of erecting the fence is primarily associated with the Church's desire to protect the neighbour's vineyard and also to prevent children of its congregation from accessing the existing vineyard to the immediate south of the Church.

• The existing fence is of colourbond material (steel) in olive green colour and has a height of 1.8m and length of 122.2m.

• The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City's Local Planning Scheme No.17. The existing Place of Worship (Chin Church) is identified as a discretionary (D) use under this zoning. The colourbond fence is considered to be incidental to the Church, even though its style is not consistent with the rural landscape.

• The application was advertised to the immediate adjoining property owners and the City received one (1) submission of objection to the development. Their main concern (husband and wife) was that the Church has erected a fence which is unacceptable in the Swan Valley.

• The application was presented to the Swan Valley Planning Committee (SVPC) meeting held on 15 October 2018, where the SVPC resolved to recommend refusal as the existing colourbond fence is inconsistent with the Planning Objectives of Area B as listed in the Swan Valley Planning Act 1995, specifically clauses 8.6 and 8.7.

• City staff do not agree with the contention of the SVPC that the olive green fence is inconsistent with the rural character of the locality. A visit to the site by City staff revealed that the colourbond fence has a very limited impact on the rural amenity of this locality (see attached photographs). Further, City staff believe that the visual amenity of the objectors is not negatively impacted by the colourbond fence, on a daily basis, as they do not reside on their property.

• It is noted that if the Council determines to make a decision which is contrary to the recommendation of the SVPC, then the application must be referred to the Western Australian Planning Commission (WAPC) for determination.

It is recommended that the Council grant conditional approval for the constructed Colourbond Fence at Lot 101 (No.25) Suffolk Street, Caversham and recommend approval to the Western Australian Planning Commission (WAPC) under the Metropolitan Region Scheme (MRS).

Ordinary Meeting of Council 05 June 2019

Page 2

AUTHORITY/DISCRETION

LPS 17 (cl.10.3)

Council has discretion in accordance with cl.10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse the application.

2015 Regulations (cl.68 (2))

Council has discretion in accordance with cl.68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 to determine an application for development approval by:

• Granting development approval without conditions; or

• Granting development approval with conditions; or

• Refusing to grant development approval.

30B (5) of MRS

Pursuant to clause 30B (5) of the MRS, where the responsibility is the City of Swan, the City of Swan is to have due regard to the advice of the Swan Valley Planning Committee (SVPC) but if the City of Swan does not accept that advice, it is to refer the application to the Western Australian Planning Commission (WAPC) for determination, together with any recommendation provided by all bodies consulted, and the reasons why the advice of the SVPC is not accepted by the City of Swan.

BACKGROUND

Applicant: Peter D Webb & Associates Owner: WA Chin Christian Church Inc. Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: POL-TP-126: Building and Development Standards - Development Scheme: Local Planning Scheme No.17 Existing Land Use: Place of Worship Lot Size: 2.8844 hectares Use Class: Incidental to a Place of Worship (D)

DETAILS OF THE PROPOSAL

The application is for approval of the unauthorised colourbond fence constructed on the subject lot.

The colourbond fence has been constructed along the southern boundary of the property with a length of 122.2m and height of 1.8m.

The fence has been constructed with colourbond steel material in an olive green colour.

Ordinary Meeting of Council 05 June 2019

Page 3

The purpose of erecting the fence, as advised by the applicant, has been primarily associated with the Church's desire to protect the neighbour's vineyard and also to prevent children of its congregation from accessing the existing vineyard on the property to the immediate south of the Church.

The applicant has provided photographs of the existing fence and contends that the fence is not intrusive and is not out of keeping with the character of the area and is similar to the materials used in the construction of sheds on the neighbouring property.

DESCRIPTION OF SITE

The subject lot is flat land located to the south of Suffolk Street and approximately 350m to the west of the intersection of Suffolk Street and West Swan Road.

The subject lot has a total area of 2.8844 hectares and is currently occupied by the Chin Christian Church and associated extensive sealed car parking area and landscaping. Vehicle access to the site is provided from its primary frontage to Suffolk Street. A secondary access to West Swan Road is provided, which is to be utilised for emergency services access only.

The land is situated to the immediate east of the developing residential area of Caversham and sits just outside of the WAPC endorsed Caversham Structural Plan area.

An easement for the Dampier to Bunbury Natural Gas Pipeline Corridor and the Parmelia Gas Pipeline extends in a north-south direction along the eastern boundary of the property.

The surrounding area is being used for viticulture and residential purposes.

SITE HISTORY/PREVIOUS APPROVALS

19 December 2014 (DA-529/2014): Place of Worship (Approved by WAPC)

24 October 2016 (DA-529/2014/A): Amendment - Place of Worship

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

The applicant has forwarded the following information in support of the application:

• The purpose of the fence was to secure the neighbour's viticulture from possible intrusion by church patrons into the adjoining vineyard.

Ordinary Meeting of Council 05 June 2019

Page 4

• The fence was erected following a dialogue between representatives of the Church and the landowner of the adjoining property who advised that he would not object to the proposed fence provided it was done in a colour to be agreed. The neighbour and the Church agreed to erect a colourbond fence in olive green. However, unfortunately, the wife of the neighbour (who granted verbal consent to the fence) subsequently objected to it, once it was erected.

• The hedges are actually trees and these trees have been planted to help obscure the look of the fence, they will not be beneficial in helping to keep the children off adjoining vineyards, as children can still run between them.

• The owner also verbally agreed with the owners of the Church that the fence would be a good idea because their vines are sprayed with chemicals and as such it would be beneficial to keep the children of the congregation away from them.

• We can advise that since the installation of the fence, no children have accessed the neighbouring vineyards and no complaints have been made.

PUBLIC CONSULTATION

The application was advertised for a period of 14 days to the immediate adjoining property owners by way of letters. At the close of the advertising period only one (1) submission of objection to the development had been received, with the main concern raised that the Church has not complied with acceptable fencing in the Swan Valley.

The concern of the objectors will be discussed further in the report

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee (SVPC) as any work incidental to the 'Place of Worship' is a class of development that requires referral to the SVPC pursuant to Clause 2 (iv) of the standing delegation.

At their meeting of 15 October 2018, the SVPC resolved to recommend that the application be refused as the colourbond fence is inconsistent with the Planning Objectives for Area B as listed in the Swan Valley Planning Act 1995, specifically clauses 8.6 and 8.7, which are stated as follows:

Objective 8.6:

The compatibility of design, siting and landscaping with the character of the area.

Objective 8.7:

The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area.

This will be discussed further in the report.

Ordinary Meeting of Council 05 June 2019

Page 5

DETAILS

Zoning and permissibility of use:

The subject land is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City's Local Planning Scheme No.17. The approved land use of 'Place of Worship' is classified as a discretionary (D) use under the Swan Valley Rural zone. The colourbond fence is considered to be incidental to the 'Place of Worship' and therefore it is a discretionary (D) use under this zone, which means that the use is not permitted unless the local government has exercised its discretion by granting planning approval.

Rural Character

The SVPC contends that the unauthorised colourbond fence (olive green in colour) is inconsistent with the Planning Objectives for Area B, specifically clauses 8.6 and 8.7, as noted above, relating to the rural character of the locality.

The rural character assessment against the Scheme provisions is a consideration of building bulk, including height, siting, setbacks from property boundaries, building design and construction materials.

The City's Building and Development Standards Policy in Rural Zones in its Clause 2.2 states that all buildings and structures within the rural zones shall be constructed of external materials and colours in a form which does not detract from the visual amenity of the locality.

In terms of design, the fence has been constructed in colourbond steel material in an olive green colour with a length of 122.2m and height of 1.8m. The purpose of this colourbond fence is to prevent kids from the congregation from entering into the viticulture of the adjoining property and to protect the congregation from spray drift.

City staff undertook a visit to the site on 04 April 2019 and took photographs of the colourbond fence from West Swan Road (see attachment). City staff believe that the presence of the fence would not diminish the rural character of the Swan Valley.

Even though the colourbond fence is of urban style, City staff believe that the impact it has on Lot 210 (No.3000) West Swan Road, which is situated at the rear of the subject lot, is not detrimental as the landowners do not live on the property.

City staff also believe that the owners of properties (Lot 10 and Lot 210), along West Swan Road, have not been impacted visually as their houses are a significant distance from the fence and would not notice the fence due to existing viticulture.

In light of the above reasons, the olive green colourbond fence is considered to be consistent with the rural character of the immediate locality and therefore approval is recommended, against the recommendation of the SVPC to not support the existing fence.

Ordinary Meeting of Council 05 June 2019

Page 6

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant conditional approval for the existing Colourbond Fence at Lot 101 (No.25) Suffolk Street, Caversham.

Implications: In accordance with clause 26 (3) of the MRS, the application will be forwarded to the Western Australian Planning Commission (WAPC) for a determination.

This is the recommended option.

Option 2: Council may resolve to refuse to grant approval for the existing Colourbond Fence at Lot 101 (No.25) Suffolk Street, Caversham for the following reasons:

1. The existing colourbond fence is inconsistent with the Planning Objectives for Area B as listed in the Swan Valley Planning Act 1995, specifically clauses 8.6 and 8.7.

2. The colourbond fencing is not akin to the rural landscape.

Implications: Pursuant to clause 26 (2) of the Metropolitan Region Scheme (MRS), where the advice of the Swan Valley Planning Committee is accepted by the City of Swan, the determination under the Local Planning Scheme No.17 will be taken to be a determination under the MRS. The applicant may have the right of review with the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application is for an existing colourbond fence, in an olive green colour, at Lot 101 (No.25) Suffolk Street, Caversham. The total length of the fence is 122.2m with a height of 1.8m. The fence has been erected along the southern boundary of the subject lot. The purpose of the fence is to secure the neighbour's viticulture from possible intrusion by Church patrons into the adjoining vineyard.

The colourbond fence was advertised to the immediate adjoining land owners and at the conclusion of the advertisement period one (1) submission was received objecting to the existing fence. Their concern was that the fence did not comply with the rural style fencing.

The application was presented to the Swan Valley Planning Committee (SVPC) meeting of 15 October 2018, where the SVPC resolved to recommend refusal as the application is inconsistent with the planning objectives of Area B. However, City staff do not agree with SVPC recommendation as the existing olive green colourbond fence would not detract from the rural character of the locality.

In light of the above, it is recommended that the Council grant conditional approval for the existing colourbond fence at Lot 101 (No.25) Suffolk Street, Caversham and recommend approval to the Western Australian Planning Commission (WAPC) under the Metropolitan Region Scheme (MRS).

Ordinary Meeting of Council 05 June 2019

Page 7

ATTACHMENTS

Location Plan

Site Plan

Photographs

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No.17

Swan Valley Planning Act 1995

Metropolitan Region Scheme Text

Planning and Development (Local Planning Schemes) Regulations 2015

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

Ordinary Meeting of Council 05 June 2019

Page 8

RECOMMENDATION

That the Council resolve to:

1) Approve the existing Colourbond Fence at Lot 101 (No.25) Suffolk Street, Caversham, subject to the following conditions:

1. The approved colourbond fence is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan.

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

2) Refer the application to the Western Australian Planning Commission (WAPC) for a determination pursuant to clause 26(2) and 30(b) of the Metropolitan Region Scheme (MRS).

3) Advise the applicant/owner of the Council's decision accordingly.

CARRIED

View 1 from West Swan Road

View 2 from West Swan Road