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DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit
Shire of Augusta Margaret River On 19 June 2018
ATTENDANCE Chris McAtee, Chris Wenman, Clare Hamilton, Angela Satre PLANNING APPLICATIONS RECEIVED
Date Rec’d
Assess No. Address Proposal DA No.
11/06/2018 A2307 203 Blackwood Avenue Augusta
Short Term Accommodation Renewal
P218340
11/06/2018 A12465 4 (Lot 369) Mahoney Street Margaret River
Dwelling Addition (Retaining)
P218341
11/06/2018 A5066 54 (Lot 101) Mansfield Avenue Margaret River
Building Envelope Variation
P218342
11/06/2018 A10658 Lot 302 Lemon Gum Retreat Margaret River
Fencing Ancillary to Dwelling
P218343
11/06/2018 A514 Lot 45 Pinot Way Margaret River - Contos 1a
Park Home
P218344
11/06/2018 A12214 427 (Lot 12) Brockman Road Cowaramup
Dwelling Additions (Outbuilding)
P218345
12/06/2018 A11547 Lot 102 Burnside Road Burnside
Plantation
P218346
12/06/2018 A12225 40 (Lot 1) Tunbridge St Margaret River
Holiday House
P218348
12/06/2018 A5491 12 (Lot 2) Saint Alouarn Place Margaret River
Holiday House Renewal
P218349
13/06/2018 A545 10 (Lot 155) Clements Crescent Molloy Island
Illegal Jetty
P218350
13/06/2018 Lot 101 Walkington Avenue Margaret River
Built Strata P218351
13/06/2018 A11038üA10718 2 (Lot 22) Wooredah Crescent Prevelly
Bed & Breakfast Renewal P218352
13/06/2018 A12166 29 (Lot 12) Stewart Street Margaret River
Dwelling P218353
14/06/2018 A10238 Unit 18 / 37 Village Green Margaret River
Grouped Dwelling P218354
14/06/2018 A3658 Margaret River Education Campus, 158 Bussell Hwy, Margaret River
Trading in Public Places (Private Property) - Margaret River Farmer"s Market - 2018-2019
P218356
BUILDING LICENCE APPLICATIONS RECEIVED
Date Rec’d
Assess No.
Address Proposal BLDG No.
11/06/2018 A6741 Lot 295 Fantail Place Margaret River Shed and 2 x Patios 218270
11/06/2018 A10219 Lot 151 Meleri Close Margaret River Water Tank 218272
11/06/2018 A76 Lot 43 Blackwood Ave Margaret River
Reroof - tiles replaced with colorbond
218273
11/06/2018 A12566 Lot 98 Nebbiolo Place Margaret River
Water Tank - 23,000l 218276
13/06/2018 A12068 Lot 71 McDowell Road Witchcliffe Water Tank 218277
13/06/2018 A12276 Lot 46 Cassia Way Margaret River Single Dwelling with attached Garage and Retaining
218278
13/06/2018 A11664 Unit 1 and 2 - Lot 101 Walkington Ave Margaret River
Built Strata - 2 x Single Grouped Dwelling
218279
14/06/2018 A12549 Lot 62 Cercis Way Margaret River Single Dwelling with attached Garage
218280
15/06/2018 A12068 Lot 71 McDowell Road Witchcliffe Storage Shed 218281
15/06/2018 A12192 Lot 17 Copse Way Cowaramup Single Dwelling with attached Garage
218283
SUBDIVISIONS DETERMINED
Date Rec’d
Officer DA No. Address Description of Matter Recommendation
05/07/2017 Matt Cuthbert
P217405 69 (Lot 9000) Brockman Road Cowaramup
Subdivision
Approved
LEVEL 1 APPLICATIONS determined under delegation
Date Rec’d
Officer Address Proposal Outcome DA No.
20/03/2018 Lucy Gouws
Unit 2 35 (Lot 15) Stewart Street, Margaret River
Grouped Dwelling
Approved P218160
28/03/2018 Clare Hamilton
4 (Lot 83) Georgette Way Prevelly
Bed and Breakfast (Renewal)
Approved P218183
04/04/2018 Clare Hamilton
13074 (Lot 102) Bussell Highway, Kurdardup
Farm Building Ancillary to Agriculture Extensive
Approved P218195
04/04/2018 Clare Hamilton
25 (Lot 442) Pimelia Drive, Margaret River
Dwelling Additions (Garage)
Approved P218196
11/04/2018 Clare Hamilton
36 (Lot 241) Merino Way, Margaret River
Amendment to Planning Approval P216465 (Outbuilding Setback Variation)
Approved P218208
16/05/2018 Leigh Medlen
51 (Lot 19) Dallip Spring, Road Burnside
Holiday House (Renewal)
Approved P218276
17/05/2018 Eileen De San Miguel
37 (Lot 66) Mann Street, Margaret River
Holiday House (Large) Renewal
Approved P218279
21/05/2018 Eileen De San Miguel
11 (Lot 57) Narda Avenue, Prevelly
Holiday House (Renewal)
Approved P218288
LEVEL 2 APPLICATIONS for determination
Date Rec’d
Officer Address Proposal Outcome of DAU Meeting
DA No.
8/02/2018 Clare Hamilton
18 (Lot 23) Seahawk Rest, Cowaramup
Building Envelope Variation & Dwelling Additions (Outbuilding)
Conditional Approval
P218064
LOCAL LAW PERMITS
Date Rec’d Officer Address Proposal Outcome DA No.
OTHER APPLICATIONS determined under delegation
Date Rec’d
Officer Address Proposal Outcome DA No.
COMPLIANCE
Date Rec’d
Officer Address Proposal Outcome DA No.
ELECTED MEMBERS ATTENTION
Date Rec’d
Officer Address Proposal Outcome of DAU Meeting
DA No.
CLOSURE OF MEETING
DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services
Proposed Building Envelope Variation (to accommodate Ancillary Dwelling,
Outbuilding and Water Tank) & Dwelling Additions (Outbuilding) at 18 (Lot
23) Seahawk Rest Cowaramup
Major (Level 2) P218064; PTY/7411 REPORTING OFFICER : Clare Hamilton DISCLOSURE OF INTEREST : Nil
General Information
Lot Area 10,975.29 sqm
Zone Rural Residential (RR5)
Proposed Development Building envelope variation:
1,909.63 m2 proposed (currently 1,230m2) Outbuilding (shed):
69m2 floor area
4.4m wall height
4.6m ridge height Second driveway Water tank 60,000ltrs (exempt) Ancillary dwelling (exempt) The building envelope variation corrects a historical anomaly where the current dwelling and a portion of the existing water tank sit slightly outside the building envelope.
Permissible Use Class Ancillary Dwelling is a ‘D’ discretionary use A shed and water tank are each a ‘P’ permitted use ancillary to the existing dwelling
Heritage/Aboriginal Sites Nil
Encumbrance Nil
Date Received 08/02/2018
Policy Requirements
Is the land or proposal referred to in any Council Policy? √ Yes ☐ No
If yes, state the Policy/Policies Local Planning Policy 1 – Outbuildings, Farm Buildings and Swimming Pools (LPP1)
Officer Comment
The proposed shed presents variations to the acceptable development standards under LPP1 as follows:
The total area of sheds on the site would exceed the 80m2 floor area guideline (total area of outbuildings would be 92m2);
4.4m wall height proposed exceeding the 3.5m wall height guideline; &
4.6m ridge height proposed exceeding the 4.5m ridge height guideline. The proposed variations are assessed against the performance criteria of LPP1 and are considered acceptable for the following reasons:
The shed would be adequately screened from view by existing vegetation in the front setback area.
The shed is of an appropriate form and scale consistent with existing development in the locality.
The shed would be constructed of colours and material that complement the landscape and/or the amenity of the surrounding area and would meet the visual management guidelines of the Local Planning Strategy.
The shed will not have an adverse impact to or detract from the streetscape or amenity of neighbouring properties and no objections have been received regarding the shed.
The shed would be grouped with the residence to limit potential visual impacts.
Structure Plans and Local Development Plans (DAP)
Is the land in any Structure Plan Area or subject to a DAP? √ Yes ☐ No
If yes, state the Policy/Policies Scheme Amendment A11-94 and TPS11-19 (the Amendment)
Officer Comment
The proposed envelope would vary the existing envelope under the Amendment. The proposed variation does not impact the strategic firebreaks or landscape protection buffer under the Amendment.
Advertising/Agency Referrals
Has the application been referred to adjoining landowners/agency?
√ Yes ☐ No ☐ N/A
Has a submission been received by Council? √ Yes ☐ No ☐ N/A
No. received: 1 Indifferent
Have agency or authority comments been received?
☐ Yes ☐ No √ N/A
Indifferent Submission Officer Comment
Accept the amended building envelope & buildings that are proposed. Comment with regard to the close proximity of the proposed second driveway to the entrance of their property and impact on traffic flow. Query if this is permitted by the Shire.
The proposed location of the second driveway and crossover is 3.8m from the side (west) boundary abutting an adjoining property. Although this is in close proximity, this arrangement is common in regards to driveway positioning on cul-de-sacs. The driveway has been positioned in order to have minimal impact on vegetation on site including jarrah trees, and to avoid existing leach drains located to the east on the subject site. The proposed second access allows for safe exit for the proposed ancillary dwelling in addition to exit from the main house on the existing driveway in the event of bushfire. Given the cul de sac head design, a number of existing driveways enter Seahawk Rest in a similar configuration to the proposal. The Shire’s Infrastructure Section have assessed the proposed access and crossover and are satisfied with it in terms of vehicle safety. It is not considered that the position of the second driveway will adversely impact the amenity of adjoining properties. The proposed second access is considered acceptable.
Has the application been referred to internal departments?
√ Yes ☐ No ☐ N/A
Department Officer Comment
Infrastructure: The proposal for the second access is supported.
Noted
Health: No health conditions required. Noted.
Assessment of Application
Is the land referred in the Heritage Inventory? ☐ Yes √ No
Are there any Contributions applicable? ☐ Yes √ No
Are there any compliance issues in relation to existing development?
☐ Yes √ No
R Codes
Are R Codes applicable? √ Yes √ No
Local Planning Scheme No.1 (LPS1)
Are the Development Standards (Schedule 9) applicable?
√ Yes ☐ No
The building envelope variation involves a variation to the 30m front setback guideline. The existing envelope is setback 21m to the front boundary. The envelope is proposed to be modified reducing the front setback to 20m and at its closest 12m. The variation is not considered to have an adverse impact to the amenity of the area and is considered acceptable pursuant to LPS1 clause 5.5 for the following reasons:
The proposal involves a minor variation to an existing reduced front setback standard.
The decrease in the envelope front setback from 21m (existing) to 20m is to accommodate inclusion of the southern portion of an existing water tank developed slightly outside the building envelope. The proposed building envelope front set back line has been continued west to accommodate the proposed additional buildings and to retain a uniform envelope shape.
The closest front setback of 12m is for a marginal portion of the envelope where the Lot meets the cul-de-sac head.
The positioning of the building envelope predominantly to the front of the Lot is a result of a 50m wide landscape protection and tree planting buffer at the rear (north) of the Lot. The buffer prevents development toward the rear portion of the land.
The proposed development is located within the proposed envelope and setback from the front boundary a minimum of 18m.
The proposed ancillary dwelling, shed and water tank, are small-scale additions to the existing built form on the Lot and would be grouped with the existing dwelling.
The proposed development only requires removal of coastal scrub vegetation, two non-native trees and one small dieback affected Jarrah tree. The buildings have been positioned to allow minimal disturbance to vegetation on site and leach drains also within the existing envelope.
The proposal was referred to surrounding landowners and no objections were received to the proposed buildings or envelope.
The proposed building envelope is consistent with envelopes within the area.
Screening to the street is provided by existing vegetation on site.
Although there is limited screening on the western Lot boundary, the scale of the development is small and in-keeping with existing built structures on site and is not considered to be intrusive to adjoining properties.
The setback of the proposed envelope from the side (west) boundary is compliant with LPS1 development standard for the zone of 10m.
The location of the shed and water tank to the front of properties is not uncommon in this location, with similar development taking place on other Lots.
Setback Scheme Standard
Current Setback
Proposed
Front (south) 30m 21m 20m – 12m
Rear (north) 30m 50m 50m
Side (east) 10m 39m 39.5m
Side (west) 10m 28m 10m
Schedule 7 - Special Provisions RR5
The proposal meets the special conditions and requirements under Schedule 7. Potable water is supplied on site by an existing and proposed water tank and is adequate. The 50m wide buffer area for landscape planting and tree protection is not impacted by the proposed development as outlined above.
Car Parking
LPS1 / R Codes Requirement
Car Bays Required - <3> Car Bays Proposed -<5>
Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply
Turning Bay/Circles and vehicle manoeuvring
√ Complies ☐ Doesn’t Comply
Building Height
Scheme Requirement Wall - 7m Roof - 8m
State the proposed building height
4.4m Wall height 4.6m Ridge height
√ Complies ☐ Doesn’t Comply
Clause 67
A. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the Deemed Provisions of the Scheme?
Officer Comment
Yes
B. In the opinion of the officer:
Are utility services available and adequate for the development?
Yes
Has adequate provision been made for the landscaping and protection for any trees or other vegetation on the land?
Yes
Has adequate provision been made for access for the development or facilities by disabled persons?
N/A
Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?
No – the application was advertised to adjoin landowners. No concerns were raised with regard the proposed building envelope variation. Concern with regard the proximity of the second driveway was raised, however, the proposal is considered acceptable by the Shire’s Infrastructure services and not considered to impact the amenity of the area or adjoining properties. The Lot is located within Visual Management Zone ‘A’. The colours and materials proposed are non-reflective and similar to the existing buildings on site. There would be an in-evident visual alteration to the existing landscape. Should approval be granted a condition is recommended requiring materials to be non-reflective.
Is the development likely to comply with AS3959 at the building permit stage?
A Bushfire Attack Level (BAL) Assessment and Bushfire Management Plan (BMP) addressing the protection criteria, as set out under State Planning Policy 3.7 Planning in Bushfire Prone Areas, were submitted with the application. The BAL assessment identified a BAL-19 rating can be achieved for the proposed ancillary dwelling and shed subject to creation and maintenance of a minimum 20m Asset Protection Zone (APZ) contained within the site boundaries. Assessment against the bushfire protection criteria is provided in the BMP and the proposed development meets the Acceptable Solutions.
Other Comments
Any further comments in relation to the application?
Officer Comment
The proposed building envelope variation to accommodate an ancillary dwelling, shed and water tank is recommended for conditional approval.
OFFICER RECOMMENDATION That the Acting Manager of Planning and Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Building Envelope Variation (to accommodate Ancillary Dwelling, Outbuilding and Water Tank) & Dwelling Additions (Outbuilding) at 18 (Lot 23) Seahawk Rest subject to compliance with the following conditions:
CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below
and endorsed with Council’s stamp, except where amended by other conditions of this consent.
Plans and Specifications
P1 – P5 received at the Shire Office on 8 February 2018
2. If the development, the subject of this approval, is not substantially commenced within two (2)
years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)
3. The revised building envelope hereby approved, wholly replaces that previously applicable to the
site. 4. Clearing of vegetation is prohibited outside the building envelope, unless in accordance with the
Bush Fires Act 1954 or required for the purpose of constructing an approved driveway, installing essential services or removing dead or dangerous trees.
5. The outbuilding(s) shall not be used for human habitation. 6. The outbuilding(s) shall be used solely for the purposes incidental and ancillary to the authorised
use of the land. 7. All stormwater and drainage run-off from the development shall be contained within the lot
boundaries or disposed by an approved connection to the Shire’s drainage system. (P) 8. The walls and roof of the building(s) shall be clad in a non-reflective material and painted in a
colour of natural or earth toning consistent with the existing landscape and existing development. To this end, reflective materials (including but not limited to ‘silver’ sheeting) or reflective colours as cladding/external painting (including but not limited to white, cream, off white or pale grey) are prohibited.
ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:
(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011;
(ii) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises; and
(iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this property.