DEVELOPMENT ASSESSMENT UNIT On 12 May 2020 … · Section 40 P220247 08/05/2020 A11217 51 (Lot 1008) Heron Drive, Margaret River ... Rogers Reserve 41545 Surfers Point Variation to

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 12 May 2020

ATTENDANCE Lucy Gouws, Matt Cuthbert, Chris McAtee, Chris Wenman, Jason Heine PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

04/05/2020 A3957 1 (Lot 833) Millar Way, Augusta Caretaker Dwelling - Addition P220240

05/05/2020 A11039 A10718 A1469 A5375

4 (Lot 2) Wooredah Crescent, Prevelly

Single Dwelling P220241

06/05/2020 A7838 (Lot 181) Salter Street, Gracetown Addition (Outbuilding) P220244

06/05/2020 A3752 45 (Lot 9) Doyle Place, Margaret River

Outbuilding P220245

07/05/2020 A5447 20 (Lot 45) Freycinet Way, Gnarabup Bed & Breakfast Renewal P220246

07/05/2020 A1920 190 (Lot 13) Railway Terrace, Margaret River

Section 40 P220247

08/05/2020 A11217 51 (Lot 1008) Heron Drive, Margaret River

Building Envelope Variation (Water Tank)

P220248

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

05/05/2020 A12312 101 Lot 31 Oldfield Road, Treeton Single Dwelling, Shed and Rainwater Tank

220185

04/05/2020 A3718 60 Lot 4 Doyle Place, Margaret River

Additions to Existing Dwelling 220190

04/05/2020 A11127 19 Stewart St, Margaret River (Lot 21 Treeside Lane)

Single Dwelling 220191

07/05/2020 A1792 10418 Lot 700 Bussell Highway, Witchcliffe

Shelter and Covered Walkway 220193

07/05/2020 A12950 67 Lot 49 Brookside Boulevard, Cowaramup


07/05/2020 A10332 17 Lot 115 Lloyd Loop, Margaret River


07/05/2020 A12469 61 Lot 389 Pimelia Drive, Margaret River


07/05/2020 A10142 24 Lot 404 Coral Vine Cross, Cowaramup

Single Dwelling and Ancillary Accommodation

220197

11/05/2020 A12900 8 Lot 4 Bettong Place, Witchcliffe Single Dwelling 220198

SUBDIVISIONS DETERMINED Nil LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

18/07/2016 Matt Cuthbert

Lot 21 Caves Road, Hamelin Bay

Scheme Amendment No 49 to Local Planning Scheme No. 1

Approve P216379

25/02/2020 Lara Hoole

12 (Lot 293) Flora Grove, Molloy Island

Dwelling Additions (Garage & Bathroom)

Approve P220134

10/03/2020 Lezia Sandon

86 (Lot 207) Ashton Street, Margaret River

Buidling Envelope (variation) and Single Dwelling

Approve P220166

01/04/2020 Lara Hoole

3 (Lot 124) Deere Street, Augusta

Holiday House Approve P220200

14/04/2020 Devin Moltoni

744 (Lot 111) Cowaramup Bay Road, Gracetown

Amendment to Approval P219308

Approve P220210

23/04/2020 Lucy Gouws

20 (Lot 115) Settlers Retreat, Margaret River

Bed & Breakfast Approve P220229


20 (Lot 10) Offshore Crest, Margaret River

Bed & Breakfast Approve P220230


6/2 (Lot 111) Andrews Way, Margaret River

Section 40 - Small Bar Approve P220237

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.


5 (Lot 47) Townview Terrace, Margaret River

Grouped Dwellings x 3 and Holiday Houses

Approve P220128

14/04/2020 Clare Hamilton

24A (Lot 47) Freycinet Way, Gnarabup

Holiday House Approve P220208

11/2/2020 Matt Slocomb

35 (Lot 15) Stewart Street Margaret River

Grouped Dwelling Approve P220097

03/03/2020 Matt Slocomb

22 (Lot 242) Albany Terrace Augusta

Single Dwelling Approve P220149

19/02/2020 Devin Moltoni

219 (Lot 129) Blackwood Avenue Augusta

Single Dwelling Approve P220118

MANAGEMENT OF VEGETATION ON SHIRE RESERVES Nil

LOCAL LAW PERMITS

Date Rec’d

Officer Address Proposal Outcome DA No.

20/04/2020 Emma Rogers

Reserve 41545 Surfers Point Variation to permit - Polly Want A Coffee mobile food business

Approve P220223


61 (Lot 3159) Bussell Highway, Cowaramup

Local Law Permit - Zumba Dance Fitness Class

Approve P220242


(Lot 300) Res Wallcliffe Road, Margaret River

Local Law Permit - Group Fitness Classes

Approve P220243

OTHER APPLICATIONS determined under delegation Nil ELECTED MEMBERS ATTENTION

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.


5 (Lot 47) Townview Terrace, Margaret River

Grouped Dwellings x 3 and Holiday Houses

Approve P220128

CLOSURE OF MEETING

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services

Proposed Grouped Dwellings x 3 and Holiday Houses at 5 (Lot 47) Townview Terrace, Margaret River

Major (Level 2) P220128; PTY/3392

REPORTING OFFICER : LS DISCLOSURE OF INTEREST: The Acting Coordinator of Statutory Planning Lucy Gouws is the

adjoining landowner.

General Information

Lot Area 1012m2

Zone Residential R30/40

Proposed Development The Shire has received an application for 3x Grouped Dwellings designed at the residential density of R30. Following completion of the dwellings are proposed to be converted into Holiday Houses. The holiday houses will operate as the following: Unit 1- Two Storey dwelling with 3 car parking bays, 3 bedrooms with a maximum of 6 guests. Unit 2 –Single Storey dwelling with 2 car parking bays, 2 bedrooms with a maximum of 4 guests. Unit 3- Single Storey dwelling with 2 car parking bays, 2 bedrooms with a maximum of 4 guests. Grouped Dwelling means ‘ A dwelling that is one of a group of two or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above or below another, except where special conditions of landscape or topography dictate otherwise, and includes a dwelling on survey strata with common property. Holiday house means a dwelling, grouped dwelling or multiple dwelling use to provide short-term accommodation for no more than six people but does not include a bed and breakfast.

Permissible Use Class Grouped Dwelling – “D” - Means that the use in not permitted unless the local government exercised discretion. Holiday House – “A” - Means that the use is not permitted unless the local government has exercised discretion after giving special notice in accordance with clause 64 (advertising).

Heritage/Aboriginal Sites Nil

Encumbrance Nil

Date Received 21/02/2020

http://intranet/Logos/Forms/AllItems.aspx

Policy Requirements

Is the land or proposal referred to in any Council Policy? √ Yes ☐ No

If yes, state the Policy/Policies Local Planning Policy 7 Short Stay Accommodation

Officer Comment

Policy Requirements

Policy Element Provision Comment

Location Coastal settlement ☐ Yes √ No

Urban area located within Policy Plan 1?

√ Yes ☐ No

Within 50m of Village Centre zone? ☐ Yes √ No

Located outside of Policy Plan 1 but comprise of an area not less than 1ha?

☐ Yes √ No

Design / Layout One parking bay per bedroom, Or two bays for grouped dwellings

√ Yes ☐ No

Unit 1 has demonstrated 3 car bays to allow for 6 guests.

Reticulated water supply, or minimum 120,000 (plus firefighting provision) rainwater tank?

√ Yes ☐ No

Existing or proposed one site effluent disposal system sized accordingly to number of guests?

√ Yes ☐ No

Decks and balconies located away from the bedrooms of neighbouring dwellings?

√ Yes ☐ No

Unit 2 and 3 have the alfresco areas and court yards within close proximity to the northern adjoining properties bedrooms. This is their ideal location from the point of view of achieving solar passive heating during winter months. The Alfresco is not raised above 0.5m to be considered a Deck or Balcony. The applicant has agreed to additional screening to the rear courtyard as a condition of approval to reduce potential amenity issues.

Decks and balconies located close to the living and dining areas of neighbouring dwellings, provided with suitable screening?

√ Yes ☐ No

The applicant has agreed to additional screening to the rear courtyard as a condition of approval.

Each bedroom accommodates a maximum of two persons?

√ Yes ☐ No

Fire If within bushfire prone area a BAL provided?

√ Yes ☐ No

For sites with a BAL above Low, a BMP prepared by accredited consultant and where required referred to DFES for comments?

√ Yes ☐ No

BAL rating at BAL-40 or FZ? √ Yes ☐ No

Management Management Plan submitted? √ Yes ☐ No

BEEP provided √ Yes ☐ No

Manager, or employee permanently resides 35m drive from Site?

√ Yes ☐ No

House Rules? √ Yes ☐ No

Amplified music may not be played outside between the hours of 10pm to 10am

Require as a condition

Display the manager’s 24hr contact details


Recommended period of approval

√ 12 months ☐ 3 years

The application demonstrates with conditions compliance with the Short Stay Policy.

Structure Plans and Local Development Plans (LDP’s)

Is the land in any Structure Plan Area or subject to a LDP? ☐ Yes √ No

Planning History

2020 – Survey strata subdivision application received – pending determination by the WAPC.

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: 3

Details of Submission Officer Comment

During the consultation period the Shire received 3 submissions; 1 support, 1 indifferent and 1 with concerns. The submissions are summarised as follows: Noise and negative impact on existing amenity concerns were raised regarding the proposed location of the alfresco / entertainment area in close proximity to adjoining bedrooms from unit 2 and 3.

Tree retention - Will the marked trees in the image be removed?

Height of the rainwater tank on the eastern boundary; can the tank be below the fence line?

The proposed alfresco areas for unit 2 and 3 have a consistent Finished Floor Level (FFL) as the dwelling, the alfresco areas are not raised 0.5 above natural ground level (NGL) therefore not requiring additional screening for visual privacy under the R-codes. The proposed alfresco and courtyard is positioned to the northern portion of the lot to achieve passive heating for the dwelling. The applicant has agreed to additional screening the northern boundary to provide additional privacy screen from units 2 and 3. Landscaping screening is recommended as a condition of approval. The applicant has advised the marked trees are intended to be retained with modifications to the canopies. This addresses the submitters concern. The applicant has confirmed the rainwater tank will be 1.5m high, below a standard fence height. This addresses the submitters concern.

Internal Department Comments Officer Comments

Infrastructure Officer: Raised concerns on the proposed grassed car bay proposed on the 1 version of the site plan.

The applicant and officer have agreed on semi permeable surface instead of a grassed bay. The semi permeable car bay is supported by the Infrastructure Officer in principle, provided that the material and surface is adequate to be

Conditions recommended.

trafficable and details are provided in the car parking plan recommended as a condition. All conditions suggested are recommended as a condition of approval.

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

Design Element Policy / R Codes Provided Officer comment

Front Setback 4m 2.7m Complies with averaging

Sides Setback Unit 1 Northern Ground floor 1.5m First floor 1.2m Eastern Ground floor 1m Unit 2 Northern 1.5m Eastern 1.5m Western 1m Unit 3 Northern 1.5m Western 1m

3.5m 1m 3.5m 1.5m 1m 3.5m 1m

Complies Complies Complies Complies

Rear Setback Unit 3 eastern 1m 1m Complies

Outdoor Living Area 24m² >24m² Complies

Open Space Requirement 45% 57% Complies

Upgrade Landscaping √ Required ☐ Not Required

Overlooking ☐ Yes √ No Complies

Street surveillance √ Yes ☐ No

Street Walls and Fences √ Yes ☐ No Complies

Overshadowing ☐ Yes √ No

Other Variations ☐ Yes √ No

Officer’s Comments against performance criteria

The proposed design of the grouped dwellings complies with the Deemed to Comply requirements for R30.

Development Standards

Are the development Standards applicable?

☐ Yes √ No

As per Clause 4.21.4 Development in the Residential Zone for R30 development shall comply the R30 provisions of the Residential Design Codes with no additional performance criteria required.

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - <7> Car Bays Proposed -<7>

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply

Turning Bay/Circles and vehicle manoeuvring

√ Complies ☐ Doesn’t Comply

Disabled Bays Disabled Bays -n/a ☐ Complies ☐ Doesn’t Comply

Officer Comment

The units each requires 2 car parking bays as per the R-codes. The application of the LPP7 requires a unit 1 with 6 guests to have 3 car parking bays. The carport allows

for 2 formal parking areas. The applicant has negotiated the 3rd car parking bay to be informal with a combination of pavers and grass to increase amenity of the streetscape and urban water management. It is recommended to support the 3rd informal bay marked on the site plan as it is a balance of visual aesthetics along the Town View Terrace streetscape and useability for additional parking when required.

Building Height

Scheme / Policy Requirement Wall -7 m Roof -8 m

State the proposed building height Wall – 4.5m Roof - 6m


Clause 67

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, the Grouped Dwellings and Holiday House are considered appropriate in the Residential zone.

In the opinion of the officer

i. Are utility services available and adequate for the development?

Yes.

i. Has adequate provision been made for the landscaping and protection for any trees or other vegetation on the land?

Yes, the proposal retains the established trees on the northern boundary and a landscaping plan is recommended as a condition of approval.

ii. Has adequate provision been made for access for the development or facilities by disabled persons?

N/A.

iii. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No.

iv. Is the development likely to comply with AS3959 at the building permit stage?

Yes. The applicant has submitted a Bushfire Attack Level (BAL) and Bushfire Management Plan (BMP), with an overall determination of BAL 19.

Other Comments

Any further comments in relation to the application?

Officer Comment

The Grouped Dwellings design complies with R30 density and is recommended to be supported with conditions.

Following completion of the dwellings the Holiday House application is recommended to be supported for an initial 12 months with standard conditions as the proposal complies with requirement set out in Short Stay Accommodation Policy.

OFFICER RECOMMENDATION That the Manager of Planning and Development Services GRANT Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Grouped Dwellings (x3) and Holiday Houses (x3) at 5 (Lot 47) Town View Terrace, Margaret River 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 to P6 received by the Shire on 21 February 2020; and P7 received by the Shire on 29 April 2020.

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.

3. Prior to lodging a building permit application, the proponent shall pay the required developer contribution costs for providing community and / or common infrastructure as established through the Local Planning Scheme No.1 – Schedule 11 Community Infrastructure Development Contribution Plan for Development Contribution Areas. (refer to advice note ‘c’)

4. Prior to lodging a building permit application, a detailed Access Way Engineering Plan shall be prepared to the

satisfaction of the Shire and submitted to the Shire showing construction details including pavement levels, thickness, cross fall, drainage connections including drainage pipe inverts, sump connections detail and slow release. The Shire’s written acceptance of the Access Way Engineering Plan must be provided with the building permit application (refer to advice note ‘b’).

5. Prior to lodging a building permit application, a detailed Stormwater Management Engineering Plan shall be prepared

to the satisfaction of the Shire and submitted to the Shire showing drainage details, storage capacity, lid levels, drainage pipe inverts, sump connections details, slow release, offsite infrastructure connection details. The Shire’s written acceptance of the Stormwater Management Plan must be provided with the building permit application (refer to advice note ‘b’).

6. Prior to lodging a building permit application, the proponent shall pay a $5,000 development bond to the satisfaction

of Local Government. 7. Prior to the commencement of development, construction and material details of the trafficable surface for unit 1

semi-formal car bay are to be submitted for the approval of the Shire and thereafter implement and maintained for the life of the Holiday House approval(s).

8. Prior to the commencement of development, a Landscape Plan shall be prepared and submitted for the approval of

the Shire. Prior to occupation of the dwellings the approved Landscaping Plan shall be implemented and thereafter maintained at all times. The Landscape Plan shall be drawn to scale and show the following: a) The location, name and mature heights of existing (to be retained) and proposed trees and shrubs and ground

covers;

b) The vegetation to be used in the northern boundary of units 2 and 3 to provide a noise and privacy buffers/screening;

c) Any lawns and paved areas to be established; d) Vegetation with the Shire verge; e) Those areas that are to be reticulated or irrigated are demonstrated to be designed using water sensitive

principles.

9. Prior to practical completion of the development, stormwater management systems on the subject site shall be constructed in accordance with the accepted Stormwater Management Engineering Plan referred to in abovementioned condition and shall thereafter be maintained.

10. Prior to occupation of the development, the proposed access way and parking areas shall be constructed, sealed kerbed and drained at the landowner/applicant’s cost and in accordance with the accepted Access Way Engineering Plan and the Shire’s Standards and Specifications.

11. Crossover shall be designed, constructed, sealed, and drained in accordance with the Shire's standards and specifications, prior to occupation of the development.

12. All loading and unloading shall take place within the boundaries of the premises.

Holiday House 13. The Holiday House use is limited to a period of twelve (12) months from the practical completion of the grouped

dwellings. The proponent must inform the Shire upon completion of the approved works. (Refer to advice note ‘d’)

14. The approved Bushfire Emergency Evacuation Plan and Bushfire Management Plan shall be displayed in a conspicuous location within the dwelling at all times.

15. A Manager or a contactable employee of the Manager that permanently resides no greater than a 35 minute drive

from the site shall be nominated for the Holiday House and this person shall attend to any callout within 35 minutes of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note ‘e’)

16. At all times the Holiday House use is in operation, the 24-hour contact details of the Manager of the Holiday House

shall be displayed on a sign that is clearly visible from the nearest street frontage. The sign is limited to a maximum size of 0.2 metres square and not exceeding 1.5 metres in height from the ground level. The sign shall be erected within the property frontage and must be visible from the front street. (Refer to advice note ‘f’)

17. All vehicles & boats connected with the premises shall be parked within the boundaries of the property. 18. The short stay use of the dwelling shall not be occupied by more than <6> people at any one time for unit 1 and 4

people at any time for units 2 and 3. 19. Amplified music shall not be played outside of the holiday house between the hours of 10pm and 10am. 20. ‘House Rules’ shall be developed to the satisfaction of the Shire prior to the commencement of use. Thereafter the

‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer to advice note ‘k’)

21. Any marketing material for this Holiday House shall include display of the planning approval reference number for

this approval. (Refer to advice note ‘l’) 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. b) Engineering plans are required to be submitted to the Shire’s Asset Services department (PH 9780 5274).

c) In respect to condition 3, the contribution required for this property is $Insert Amount, however it is to be noted that

this will be indexed annually. Please request from the Planning Department the contributions and bonds quote which will confirm the required fee and provide methods of payment. The fee applicable will be determined at the time of payment and may vary from the above figure. The fees is payable on the earliest of the following:

• the Western Australian Planning Commission endorsing its approval on the deposited plan or survey strata plan of subdivision of the owner’s land within the development contribution area (for practical purposes payable at the time of submitting clearance to the Shire);

• the commencement of any development on the owner’s land within the development contribution area (for practical purposes contributions are payable at Building Permit stage);

• the approval of any strata plan by the local government or Western Australian Planning Commission on the owner’s land within the development contribution area; or

• the approval of a change or extension of use by the local government on the owner’s land within the development contribution area.

Holiday House Advice Notes: d) Following satisfactory performance of the approved use, and in the absence of any substantiated complaints over

the twelve (12) month approval period, the Shire may grant further planning approval for the continuation of the use for a further three (3) years. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee.

e) If at any time there is not an appointed manager or a contactable employee of the manager for the site, the use

must cease until such time as a manager is appointed. f) Evidence of installation of the sign will be required to be provided, to the satisfaction of the Shire, at the time an

application to renew the Holiday House use is lodged. g) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. h) You are advised of the need to comply with the requirements of the following other legislation:

i. Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises.

ii. The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the Building Code of Australia) must not make the dwelling available for hire unless hard wired, battery backup smoke alarms are installed, complying with the Building Code of Australia and AS3786.

i) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses (please

refer to the attached document).

j) Evidence of the display of the planning approval reference number within the marketing of the Holiday House is required to be provided, to the satisfaction of the Shire, at the time an application to renew the Holiday House use is lodged. Applicants are advised to include a screenshot of the website, to show that the planning approval reference number is being displayed.

k) Please note that the Shire does not notify landowners in writing of the expiry of a Holiday House planning approval. It

is the owners responsibility to monitor and ensure that the planning approval remains valid while the use is being undertaken.


Proposed Holiday House at 24A (Lot 47) Freycinet Way, Gnarabup


REPORTING OFFICER : Clare Hamilton DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 1,629m²

Zone Residential R12.5

Existing Development ☐ Single House

√ Grouped Dwelling

Proposed use A planning application has been received for a Holiday House use. The existing dwelling is to be used to accommodate up to six (6) short stay guests at any one time. A local management agent has been nominated.

Planning History Planning Approval P213442 for Residential Building (Short Stay use of Grouped Dwelling) granted 28/1/14 for a period of 12 months and up to 6 guests. The approval expired on 28/1/15 without application being lodged with the Shire for renewal. The Holiday House continued to operate after the expiry date and the owner has noted their oversight in allowing the previous approval to lapse. The subject application seeks approval for the use and is consistent with the Holiday House use previously approved.

Permissible Use Class ‘A’ – discretionary use

Advertising Required Yes – completed

Reason not exempted from planning approval?

Discretionary uses are not permitted unless the Shire exercises its discretion by granting development approval.

Heritage/Aboriginal Sites N/A

Encumbrance Strata Interests/Common Property – none impacted


Date of Report 11/05/2020


Have there been any objections? √ Yes ☐ No

1 submission received in objection

Have there been any complaints over the recent period of approval of approval?

No complaints are recorded with the Shire for the term of the previous Holiday House approval or during the unauthorised use of the property since the expiry of the approval.

Submission Comments Officer Comments

Too many properties used for short stay in Gnarabup. Permanent residential occupation of dwellings would reduce break ins and crime

The location of the proposed Holiday House is consistent with the provisions of Local Planning Policy 7 – Short Stay Accommodation (LPP7) as it is in a coastal settlement. The proposed Holiday House is therefore considered on this basis and meets all provisions of LPP7. Crime related issues are not a valid planning objection and cannot evidentially be linked to the operation of a Holiday House.

Policy Requirements

Policy Element Provision Comment

Location Coastal settlement √ Yes ☐ No

Urban area located within Policy Plan 1? ☐ Yes √ No

Within 50m of Village Centre zone? ☐ Yes √ No

Located outside of Policy Plan 1 but comprise of an area not less than 1ha?

☐ Yes √ No

Design / Layout One parking bay per bedroom, Or two bays for grouped dwellings

√ Yes ☐ No

3 bays required – existing parking in double garage and additional space on driveway inside Strata Lot boundary

Reticulated water supply, or minimum 120,000 (plus firefighting provision) rainwater tank?

√ Yes ☐ No

Connected to scheme water

Existing or proposed one site effluent disposal system sized accordingly to number of guests?

√ Yes ☐ No

Connected to scheme sewer

Decks and balconies located away from the bedrooms of neighbouring dwellings?

√ Yes ☐ No

Deck at front of property facing the street

Decks and balconies located close to the living and dining areas of neighbouring dwellings, provided with suitable screening?

√ Yes ☐ No

Each bedroom accommodates a maximum of two persons?

√ Yes ☐ No

6 guests in 3 bedroom grouped dwelling

Fire If within bushfire prone area a BAL provided? √ Yes ☐ No

For sites with a BAL above Low, a BMP prepared by accredited consultant and where required referred to DFES for comments?

√ Yes ☐ No

BAL-Low with existing APZ in place

BAL rating at BAL-40 or FZ? ☐ Yes √ No

Management Management Plan submitted? √ Yes ☐ No

BEEP provided √ Yes ☐ No

As per Shire Bushfire Emergency Evacuation Plan template

Manager, or employee permanently resides 35m drive from Site?

√ Yes ☐ No

House Rules? √ Yes ☐ No

Amplified music may not be played outside between the hours of 10pm to 10am


Display the manager’s 24hr contact details Require as a condition

Recommended period of approval

☐ 12 months √ 3 years

Recommend conditional approval. The last Holiday House planning approval at the site lapsed due to an oversight by the owner. As there have been no complaints recorded with the Shire during the short stay use of the property and the fact that the property has had a previous 12 month Holiday House approval, it is recommended that a 3 year term is granted rather than a 5 year term initially sought by the applicant.

OFFICER RECOMMENDATION That the Acting Statutory Planning Coordinator 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 Holiday House at 24A (Lot 47) Freycinet Way, Gnarabup 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 to P2 received at the Shire on 14 April 2020

2. The Holiday House use permitted for a period of three (3) years from <date of this approval> to <end of date of approval>. (Refer to advice note ‘a’)

3. The approved Bushfire Emergency Evacuation Plan and Bushfire Management Plan shall be displayed in a conspicuous location within the dwelling at all times.

4. A Manager or a contactable employee of the Manager that permanently resides no greater than a 35 minute drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 35 minutes of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note ‘b’)

5. At all times the Holiday House use is in operation, the 24-hour contact details of the Manager of the Holiday House shall be displayed on a sign that is clearly visible from the nearest street frontage. The sign is limited to a maximum size of 0.2 metres square and not exceeding 1.5 metres in height from the ground level. The sign shall be erected within the property frontage and must be visible from the front street. (Refer to advice note ‘c’)

6. All vehicles & boats connected with the premises shall be parked within the parking bays allocated for the exclusive use of Unit 24A. Visitor parking bays on common property within the development are not permitted to be used.

7. The short stay use of the dwelling shall not be occupied by more than six (6) people at any one time.

8. Amplified music shall not be played outside of the holiday house between the hours of 10pm and 10am.

9. ‘House Rules’ shall be developed to the satisfaction of the Shire prior to the commencement of use. Thereafter the ‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer to advice note ‘f’)

10. Any marketing material for this Holiday House shall include display of the planning approval reference number for this approval. (Refer to advice note ‘g’)

ADVICE NOTES a) Following satisfactory performance of the approved use, and in the absence of any substantiated complaints

over the twelve (12) month approval period, the Shire may grant further planning approval for the continuation of the use for a further three (3) years. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee.

b) If at any time there is not an appointed manager or a contactable employee of the manager for the site, the

use must cease until such time as a manager is appointed. c) Evidence of installation of the sign will be required to be provided, to the satisfaction of the Shire, at the time

an application to renew the Holiday House use is lodged. d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. e) You are advised of the need to comply with the requirements of the following other legislation:

(i) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises.

(i) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the Building Code of Australia) must not make the dwelling available for hire unless hard wired, battery backup smoke alarms are installed, complying with the Building Code of Australia and AS3786.

f) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses

(please refer to the attached document).

g) Evidence of the display of the planning approval reference number within the marketing of the Holiday House is required to be provided, to the satisfaction of the Shire, at the time an application to renew the Holiday House use is lodged. Applicants are advised to include a screenshot of the website, to show that the planning approval reference number is being displayed.

h) Please note that the Shire does not notify landowners in writing of the expiry of a Holiday House planning approval. It is the owner’s responsibility to monitor and ensure that the planning approval remains valid while the use is being undertaken.


Proposed Grouped Dwelling at Unit 5, 35 (Strata Lot 5 of Lot 15) Stewart Street, Margaret River


REPORTING OFFICER : LH/MS DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 418m²

Zone Future Development (SPA16) – (Residential R30/40)

Proposed Development 3 x bedroom, 2 x bathroom, single storey grouped dwelling.

Permissible Use Class ‘D’ – may be approved at the discretion of Local Government.

Heritage/Aboriginal Sites Not listed.

Encumbrance • Interests notified on survey-strata plan and any amendments to lots or common property should be notified;

• Notification x 3 (Bushfire Management Plan, Water Corporation notifications x 2 – expanded detail below);

• High water mark for Dam is RL 70.7 AHD 2.52m to 3.6m wide along the north-eastern boundary for 3.5m shown on Survey-Strata Plan 69187.

Further detail regarding Notification from Water Corporation: i) ‘The gravity sewer cannot serve parts of the lots and the minimum

required floor level for wet areas in buildings developed on these lots may be higher than some parts of the existing levels of the lots. Fill or other alternative arrangement s to the satisfaction of the Water Corporation may be required before connection to the Water Corporations reticulated wastewater systems is possible’; and

ii) ‘Parts of the lot area unable to be connected to the wastewater

scheme via a gravity feed due to low ground levels. To enable the un-serviced part of the lot to be connected to the wastewater scheme, it may be necessary for the land to be filled or an alternative internal plumbing arrangement be designed by a plumbing consultant. All costs associated with filling the land installing an alternative plumbing arrangement is the responsibility of the land owner.’


Location Plan


Policy Requirements


If yes, state the Policy/Policies Local Planning Policy 4 – Boundary Fencing

Officer Comment

The proposal involves fencing to a height of 2.35m, 0.05m in excess of the 2.3m acceptable development standard criteria. The small variation is supported as this will provide screening to the decking located at the rear of the site maintaining privacy between the properties and owing to its location at the rear of the property will not have a detrimental impact on the character of the area.


Is the land in any Structure Plan Area or subject to a LDP? √ Yes ☐ No

If yes, state the Policy/Policies ‘Structure Plan – Lot 481, 482 &483 Stewart Street, Margaret River’ adopted 4/11/13.

Officer Comment

Site is located within cell 4, Waterside. The proposal is consistent with the relevant requirements of the structure plan.

Planning History

P215604 Survey Strata Subdivision endorsed deposited plan 4 Oct 2017.





No. received: 1


Owner of 6/35 Stewart Street, Margaret River (Western Adjoining Property). No objection to setback related variations. Objection relates primarily to the deck area proposed. Concern outdoor living location will obstruct views to the dam, visual privacy issues, lack of consistency with other dwellings and concern with noise associated with the outdoor living area.

Noted. The following alterations have been made to the deck as follow to address the neighbour concerns:

• FFL has been lowered to 71.45, which is less than 0.5m above level of the bank, to a maximum height of 0.75m above the high-water mark;

• The western side of the decking has been setback to 1.5 to comply with the setback standard at 5.1.3 C3.1;

• Screening to 1.6m above the ffl of the deck has been provided to the side elevations, which means the decking is compliant with the visual privacy requirements of the Residential Deign Codes.



Are there any Contributions applicable? ☐ Yes √ No


R Codes



Front Setback 2.5m 2.395m Variation

Rear Setback 2.5m 5.6m Complies

The Site

Side Setback (West) 2.5m 1.096 – 3.55m Variation

Side Setback (East/Garage) 1.1m 3.4m Complies

Side Setback (East/Balance) 5.4m 1m Variation

Building on Boundary >3.5m height Ave height <3m <24.65m

3.85m 3.5m 17.402m

Variation Variation Complies

Garage/Carport Setback 4.5m 2.356m Variation

Driveway Width 6m 6m Complies – 0.5m side setback not provided.

Garage Width 50% 67% Variation

Outdoor Living Area 24m² 65m² Complies


Overshadowing 35% 16.5% Complies

Upgrade Landscaping ☐ Required √ Not Required

Overlooking √ Yes ☐ No


Street Walls and Fences ☐ Yes √ No

Other Variations √ Yes √ No


Front/Garage Setback The setback of the carport is considered to be supportable for the following reasons:

• There is no building located adjacent to the garage, reducing the overall bulk impacts on the streetscape;

• The Garage of the eastern adjoining property is setback at 2.2m, similar to that proposed. On this basis the garage will not be inconsistent with the streetscape;

• Passive surveillance is maintained though the opening on the southern elevation to bedroom three.

Setback of Western Elevation The setback variation proposed relates to the dressing room, laundry bathroom and powder room located between two boundary walls. This component is supported for the following reasons:

• The area of reduced setback is located adjacent the entrance and laundry of the western adjoining dwelling, windows facing this elevation are not major openings nor are the associated spaces habitable rooms;

• This section of wall represents a small component of the overall elevation, and its setback assists in providing articulation and reducing bulk impacts;

• The component of variance will not contribute to visual privacy impacts, overshadowing impacts and maintain ventilation between the properties.

• The adjoining owner has ‘approved’ this aspect of the proposal. Boundary Walls (Western Elevation) The western elevation contains two walls with a nil setback to the boundary, which involve variations to the minimum and average wall height requirements as they apply to boundary walls. This variation is supported for the following reasons:

• The variation is largely attributable to the topography of the site, which falls towards the dam to the north. Dwelling in this area have been built in a ‘stepped’ construction which means that grater variance and average wall heights are to be expected. Similar wall heights are proposed on adjoining properties;

• The walls are located adjacent to front setback area, drying area and library. The library does not have any major openings (all windows with sills above 1600);

• The wall has been separated into two smaller components, which together are less than the deemed to comply wall length which acts to reduce of building bulk impacts;

• The nil setback provides for more effective use of a narrow site;

• The adjoining owner has ‘approved’ this aspect of the proposal.

Figure 1 – Side by side comparison of Lots 5 (right) and Lot 6 (left) Setback of Eastern Elevation Eastern side elevation setback 1m to 3.4m, which is a variation to the 5.4m minimum standard. It is noted that there is a development application for the eastern adjoining dwelling currently being determined, which differs from a previously approved application or the site. The reduced setback is supported for the following reasons:

• The elevation includes multiple articulations in order to reduce impacts associated with building bulk;

• The adjoining dwelling incorporates a 1570 – 1900 setback, which when combined with 1 – 3.4m setback between the sites provides sufficient separation between the properties for light and ventilation;

• Visual privacy will be maintained through he provision of a boundary fence as well the treatment of the northern most opening associated with bedroom 2 (discussed further below).

Potential overlooking from the deck area eastern and western side boundary (a variation to privacy screening up to 1.6m high from finished floor level standard for outdoor living areas raised more than 0.5m above natural ground level);

Visual Privacy The eastern facing major opening associated with the Bedroom 2 poses a variation to the visual privacy requirements of the of the Residential Design Codes. The applicant has advised that this is likely to be addressed through site works on the adjoining site, which may be the case but in the event that this does not eventuate a condition has been enclosed requiring that screening be applied to the northern most window of Bed 2 prior to the occupation of the dwelling on the adjoining site. It should be noted that the eastern adjoining property owners did not object to this variation.

Development Standards (Schedule 9)

Are the development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement Car Bays Required - 2 Car Bays Proposed - 2




Disabled Bays Disabled Bays – N/A ☐ Complies ☐ Doesn’t Comply

Building Height

Scheme / Policy Requirement Wall - 7m Roof - 8m

State the proposed building height Wall – 5.14m Roof – 5.56m


Clause 67


Officer Comment Yes



Yes

ii. Has adequate provision been made for the landscaping and protection for any trees or other vegetation on the land?

N/A Cleared site.

iii. Has adequate provision been made for access for the development or facilities by disabled persons?

N/A

iv. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No

v. Is the development likely to comply with AS3959 at the building permit stage?

Yes. Minor development with BAL 12.5 (acceptable BAL rating) provided.

Other Comments


Officer Comment

It is considered that sufficient modifications have been made to the dwelling design in response to the concerns raised by the adjoining property owners. Conditional approval is recommended.

OFFICER RECOMMENDATION That the Acting Manager 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 Grouped Dwelling at Unit 5, 35 Stewart Street, Margaret River 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.


P1 – P3 received at the Shire Offices on the 12 May 2020

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.

3. All stormwater and drainage run-off from the development shall be detained within the lot boundaries,

managed to pre-development flow regimes and/or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River Standards & Specifications.

4. Screening of the northern most major opening of Bedroom 2 shall be undertaken prior to the occupation of

a dwelling on Unit 4, 35 (Strata Lot 5 of Lot 15) Stewart Street, Margaret River in accordance with Design Element 5.4.1 C1.2 of the Residential Design Codes and maintained thereafter to the satisfaction of the Shire.

5. Prior to the occupation of the dwelling screening to the deck shall be provided to a minimum height of 1.6m above the finished floor level of the deck in accordance with Design Element 5.4.1 C1.2 of the Residential Design Codes and maintained thereafter to the satisfaction of the Shire.

6. The walls on the boundary shall be finished to the satisfaction of the adjoining landowner, or in the case of

a dispute to the satisfaction of the Shire, prior to occupation. ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:



(iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this property.


Proposed Single Dwelling - 22 (Lot 242) Albany Terrace Augusta


REPORTING OFFICER : Matt Slocomb DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 3198sqm

Zone Residential R15

Proposed Development The proposal involves the development of a 5-bedroom single house located towards the western side of the site, as well as a detached garage (outbuilding) located towards the eastern (Albany Terrace) boundary of the site.

Permissible Use Class Residential R15

Heritage/Aboriginal Sites Nil

Encumbrance Restrictive covenant to not place habitable buildings within the areas identified as BAL-40 or Flame Zone. This was implemented through the subdivision undertaken for the site which is no longer being pursued.


Background

A two lot subdivision was conditionally approved splitting the lot in an east-west direction. During the clearance process the consultant surveyor contacted the Shire advising that they were no longer proceeding with the proposal.

Policy Requirements


If yes, state the Policy/Policies LPP01 Outbuildings Farm Buildings and Swimming Pools.

Officer Comment

The proposed single ‘garage’ constitutes an outbuilding as it is a freestanding structure. Because the outbuilding is located forward of the dwelling and has a wall height of 3.4m in lieu of the 3.1m height limit, it is required to be assessed against the performance criteria of the policy which are listed as follows: 1. Outbuildings that are/can be adequately screened from view, or are otherwise an

appropriate form and scale, and in an appropriate location, consistent with the visual management guidelines of the Local Planning Strategy.

2. Outbuildings constructed of colours and materials that complement the landscape and/or the amenity of the surrounding area.

3. Outbuildings that will not have an adverse impact to or detract from the streetscape or amenity of neighbouring properties.

4. Outbuildings that, where practical, are grouped with the residence to limit potential adverse visual impacts.


The variation is supported for the following reasons:

• There is an established pattern of detached garages/outbuildings being located forward of the dwelling within the streetscape (Lots 234, 235, 236, 238 and 241 Albany Terrace), meaning that the proposal will not detract form the established pattern of the streetscape and visual amenity of the area;

• The applicant has lowered the height of the structure and reduced the floor area of the outbuilding in order to minimise bulk impacts associated with the structure;

• The outbuilding is being finished in face brick which is the same as the dwelling on site;

• The wall height is largely attributed to the skillion design of the outbuilding, which assists in this component of the design complementing the dwelling;

• Due to the topography of the site and the location of the outbuilding it will not obstruct views between the street and the dwelling, maintaining passive surveillance.

If yes, state the Policy/Policies SPP3.7 Building in Bushfire Prone Areas

Development achieves a BAL-29 and is compliant with the requirements of SPP3.7








Private Submission 1 Object Concerns about access via Bunbury Street. There are existing drainage issues and concern that increased traffic will add to safety issues associated with the narrow width of Bunbury Street.

The applicant has submitted modified plans which removed access via Bunbury Street, and proposes to make use of the existing crossover and driveway alignment along the southern boundary of the site.

Private Submission 2 Do not object to proposal.

Noted.

Internal Department Comments Officer Comments

Engineering Do not support the use of Bunbury Street which is currently constructed to an insufficient standard. The proposal would result in the construction of a road which is not otherwise required which will be an added ongoing maintenance cost.

Refer to comments above regarding changes to access proposed by the applicant.

Environment Opposed to the access proposed via Bunbury Street on the basis of the vegetation removal required to facilitate this.

Refer to comments above regarding changes to access proposed by the applicant.

Environmental Health Asbestos was found on the site following demolition (although this may not be attributable to the demolition) which is required to be remediated. Conditions and advice have been recommended for inclusion pertaining to the remediation of the site prior to the commencement of construction.

Noted. Conditions and advice included in recommendation.





R Codes



Front Setback 7.5m 7.5m average Complies

Side Setback (North Outbuilding)

1.5m 3.5m Complies

Side Setback (North Dwelling) 1.9m 2.5 – 7.56m Complies

Rear Setback 6m 13m Complies

Secondary Street Setback 1.5m 1.5m Complies

Driveway Width 6m, 9m aggregate 8.5m (total) Complies

Garage Width <50% 8% Complies



Overlooking ☐ Yes √ No




Other Variations √ Yes ☐ No


Outbuilding Floor Area The outbuilding (garage) proposed to the north eastern corner of the site involves a variation to the floor area limitations of the Residential Design Codes (79.9sqm in lieu of 60sqm) which in addition to the reasons outlined previously is supported for the following reasons:

• The R-Codes provide for a generic outbuilding size which applies to all density coding’s, which when considered in a proportionate sense to larger lots is often insufficient. The proposed outbuilding will occupy approximately 2.5% of the site, which is less compared to the 10% or 60m² permitted within areas coded R15 and higher, and for this reason the variation is considered minor in nature;

• The outbuilding is located next to retaining and an outbuilding on the adjoining site. The adjoining property owners have not objected to this aspect of the proposal.

Fill and Retaining The proposal involves retaining and excavation/fill setback 1m from the northern boundary in lieu of the 1.5m requirement of the R-Codes. The reduced setback is supported for the following reasons:

• The subject site falls by 7.96m along the northern boundary of the site. In this regard, site works are not unwarranted on this site;

• Alteration of the natural ground level is not proposed forward of the outbuilding (garage), which will retain the impression of the natural topography as viewed from the street;

• The works involve a balance of excavation and fill;

• The retaining will be adjacent to similar works on the northern adjoining site and will have a negligible impact on the northern adjoining property.



Car Parking


Car Bays Required - 2 Car Bays Proposed -2




Disabled Bays Disabled Bays - NA ☐ Complies ☐ Doesn’t Comply

Building Height

Scheme / Policy Requirement Wall – 7m Roof – 8m

State the proposed building height Wall – 7.4m Roof – 5.4m

☐ Complies √ Doesn’t Comply

Officer Comment

The proposal involves a wall height of 7.4m relating to the ‘lookout platform’ located centrally in the dwelling. This is not sought consistently across the site, but just in association with his individual structure, with the remainder of the dwelling being within the 7m wall and 8m overall height limitations. A variation to the wall height requirements pursuant to 5.13.3 of the Scheme is supported for the following reasons:

• The small area of the platform will not have impacts in terms of building bulk, with the elevated reserve located to the western side of the site mitigating impacts associated with building bulk when viewed from the street;

• The proposed extent of variation is not anticipated to restrict views of significance from the adjoining properties, given the separation from properties to the west provided through the adjoining reserve;

• The structure still meets the overall 8m height limit of the Scheme.

For the reasons outlined above the proposal is considered to comply with clause 5.13.3 of the Shires Local Planning Scheme No.1.

Clause 67


Officer Comment Yes.



Yes.


Yes. Removal of introduced vegetation has been undertaken in order to reduce the BAL rating of the site.


N/A


No.


Yes.

Other Comments

Any further comments in relation to the application? Officer Comment

Conditional approval recommended.

OFFICER RECOMMENDATION That the Manager of Planning and Development Services GRANT 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 Single Dwelling at 22 (Lot 242) Albany Terrace, Augusta 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.


P1 – P4 received at the Shire Offices on the 12 May 2020

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.

3. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or disposed

offsite by an approved connection to the Shire’s drainage system which is to be installed prior to occupation in accordance with the Shire of Augusta Margaret River Standards & Specifications.

4. Vehicle crossovers shall be designed and constructed in accordance with the Shire’s crossover standards and specifications, prior to occupation of the development.

5. Prior to the commencement of works the owner is required to submit an asbestos removal control plan to the Shire’s

Environmental Health Unit, to be implemented thereafter.

6. Prior to the commencement of works the owner is required to submit an and asbestos clearance certificate. ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:



(iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this property. b) The handling, transportation and disposal of asbestos should be carried out in accordance with the requirements of

the Occupational Safety and Health Act 1984 (and Regulations), Health (Asbestos) Regulations 1992, Environmental Protection Act 1986 and Environmental Protection (Controlled Waste) Regulations 2004. (EH)


Proposed Single House - (Associated fill, retaining walls and fence) at 219 (Lot 129) Blackwood Avenue, Augusta


REPORTING OFFICER : Devin Moltoni DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 701m2

Zone Residential R17.5

Proposed Development Planning approval is sought for a dwelling. The proposed dwelling requires planning approval for the following variations to the Residential Design Codes:

• Retaining along the rear and side (southern) boundary up to a height of 1.29m and along the side (northern) boundary up to a height of 1.23m.

• The combined height of the retaining and fence along the rear (eastern) boundary will be 2.99m, and 2.93 along both (southern and northern) boundaries.

• A side (northern) boundary setback variation of 3.38m in lieu of 4.8m.

• The maximum fill up to 1.29m above the natural ground.

Permissible Use Class P - Permitted

Heritage/Aboriginal Sites No

Encumbrance Easement burden not impacted



Policy Requirements


If yes, state the Policy/Policies Local Planning Policy 4- Boundary Fencing (LPP4)

Officer Comment

A fence height variation is proposed against the acceptable development standards of LPP4. A height of 2.89m is proposed in lieu of 2.3m. This variation is considered under the following: The height of the fence is to provide screening for the proposed alfresco area to prevent overlooking of neighbours.

The fencing is not expected to adversely affect the character of the area in accordance with performance criteria of LPP4. This considers that the fence does not present to the street as over height but becomes over height as the slope of the site descends toward the rear.



Planning History

N/A Advertising/Agency Referrals




No. received: 2


Two submissions were received, one in support and one objection. The following issues have been raised by submitters: Concerns that the over height fence will block river views from neighbours property, particularly from the rear alfresco area.

The proponent has agreed to reduce the proposed fence height from 1.8m to 1.7m. Whilst this is only a small reduction, the fence height is not able to be reduced further as screening is required to prevent overlooking.

Above: Figure 1 Figure 1 is to illustrate the neighbours views to the river. It is indicated that the proposed boundary fence and overall development on the site will not block the full line of sight for views of the river.

The neighbours Site has been filled in order to respond to the slope. The neighbours alfresco is filled to a finished floor level of 0.66m above the natural ground level. This alfresco is situated higher up the slope than where the proposed fence reaches 2.99m at the corner of the rear and the Southern adjoining boundary. The proposed fence will be nearer to the effect of a height of 2.33m with regard to views from the outdoor living area of the potentially affected property for the purpose of views. This is marginally above the 2.3m fence height limit which will be effectively reduced in terms of impact further by the situation of the potentially affected property higher up the slope.





R Codes



Front Setback 6m 4.35

Complies with averaging provisions

South Sides Setback 4.8m 6.4m Complies

North Side Setback 4.8m 3.38m Variation

Rear Setback 6m 6.75m Complies

Retaining (North, South and Rear)

1.5m Nil Does not comply

Garage/Carport Setback 4.5m 6m Complies

Driveway Width Not less than 3m and not greater than 6m

5.02m Complies

Garage Width <50% of frontage <50% Complies

Outdoor Living Area 36m² >36m² Complies

Open Space Requirement 50% >50% Complies


Overlooking ☐ Yes √ No




Other Variations √ Yes ☐ No


Retaining walls in excess 0.5m are built up to the boundary on the rear, Northern and Southern boundaries. A 1.5m setback is the minimum required in order to meet the deemed-to-comply standards of the Rcodes for each section of retaining. This variation is assessed under the following:

• The retaining proposed in response to the considerable slope of the site.

• The Northern boundary adjoins a footpath and not a potentially affected property.

• Visual privacy is maintained by the proposed dividing fences.

• The retaining is not expected to detract from the amenity of the area.

The fill is proposed to reach 1.29m above natural ground level at the boundary. This is assessed under the following:

• The site is subject to a slope of 1.25m. It is considered that the retaining height and fill is an appropriate response to the slope of the site.

A side boundary setback is proposed to the side (northern) boundary. A 3.38m setback is proposed in lieu of the minimum of 4.8m. This is assessed under the following:

• The Northern boundary adjoins a public footpath. The variation will not affect the amenity of any adjoining property or detract from the amenity of the area.

• It is also taken into consideration that the application has been advertised to surrounding landowners and no objections or comments were received regarding this side setback variation.



Car Parking


Car Bays Required - 2 Car Bays Proposed -2




Disabled Bays Disabled Bays – N/A √ Complies ☐ Doesn’t Comply

Officer Comment Complies.

Building Height

Scheme / Policy Requirement Wall - 7m Roof - 8m

State the proposed building height Wall – 4.4m Roof – 5m


Officer Comment Complies.

Clause 67


Officer Comment

Yes, due to proposed variations to the Rcodes and LPP4.



Yes


Yes. The site is already cleared and therefore no vegetation removal is proposed.


N/A


The proposed development is not expected to cause detriment to the amenity of the area as discussed previously in the report.


Yes, as the site achieves a BAL rating of 29.

Other Comments


Officer Comment Conditional support is recommended.

OFFICER RECOMMENDATION That the Acting Statutory Planning Coordinator 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 Dwelling - (Associated fill, retaining walls and fence) at 219 (Lot 129) Blackwood Avenue, Augusta 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.


P1- P3 received by the Shire on 22 April 2020 and P4 received by the Shire on 22 February 2020

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.

3. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or disposed offsite by an approved connection to the Shire’s drainage system which is to be installed prior to occupation in accordance with the Shire of Augusta Margaret River Standards & Specifications.

4. Prior to occupation fencing to a maximum height of 1.7 metres above the finished floor level of the alfresco shall be provided to the highlighted lengths of the boundaries on plan P2. Fencing is required to be in accordance with clause 5.4.1 C1.2 of the Residential Design Codes.

ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:



(iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this property.

Documents

DEVELOPMENT ASSESSMENT UNIT On 12 May 2020 … · Section 40 P220247 08/05/2020 A11217 51 (Lot 1008) Heron Drive, Margaret River ... Rogers Reserve 41545 Surfers Point Variation to