PLANNING APPLICATIONS RECEIVED Date Rec’d Address …

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River

3 April 2018

ATTENDANCE

Hilary Metcalfe, Lucy Gouws, Angela Satre, Brad Roberts, Chris Wenman PLANNING APPLICATIONS RECEIVED

Date Rec’d Assess No.

Address Proposal DA No.

26/03/2018 A3777 44 (Lot 26) Merchant Street, Margaret River

Dwelling Addition (Outbuilding)

P218168

26/03/2018 A5706 29 (Lot 172) Marmaduke Point Drive, Gnarabup

Dwelling Addition (Patio) P218169

26/03/2018 A3819 1 (Lot 414) Timor Place, Margaret River

Holiday House Renewal P218170

26/03/2018 A3789 62 (Lot 45) Hermitage Drive, Margaret River

Holiday House Renewal P218172

26/03/2018 A3250 7 (Lot 170) Earl Place, Gracetown

Dwelling Addition (Carpark and Deck Roof)

P218174

27/03/2018 A9190 3 (Lot 26) Tinglewood Court, Cowaramup

Dwelling Addition (Outbuilding)

P218175

27/03/2018 A8644 9 (Lot 681) Lilac Link, Margaret River

Home Occupation (Legal Office)

P218176

27/03/2018 A11036 43A (Lot 1) Town View Terrace, Margaret River

Shop (Change of Use from Garage to Shop)

P218177

28/03/2018 A12584 Unit 3, 35 (Lot 15) Stewart Street, Margaret River

Grouped Dwelling and Holiday House

P218179

28/03/2018 A12226 3 (Strata Lot 2) Mann Street, Margaret River

Guesthouse P218180

28/03/2018 A12125 25 (Lot 25) Formosa Street, Margaret River

Grouped Dwelling P218181

28/03/2018 A9605 27 (Lot 100) Flora Grove, Molloy Island

Dwelling Additions (Outbuilding)

P218182

28/03/2018 A2073 4 (Lot 83) Georgette Way, Prevelly

Bed and Breakfast (Renewal) P218183

29/03/2018 A2677 62 (Lot 55) Town View Terrace, Margaret River

Serviced Apartments P218184

29/03/2018 A7029 5 (Lot 13) Sequoia Court, Margaret River

Amendment to Planning Approval P217040

P218185

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d Assess No.

Address Proposal BLDG No.

26/03/2018 A4334 Lot 892 Allnut Tce, Augusta Earthworks and Retaining Wall

218133

26/03/2018 A644 Lot 270 Fisher Road, Molloy Island

Replacement of Jetty 218135

26/03/2018 A4310 Lot 868 Chamberlain Place, Augusta

Earthworks only 218136

26/03/2018 A12463 Lot 352 Duncan Street, Margaret River

Single Dwelling with attached Garage

218137

26/03/2018 A395 Lot 3 Blackwood Ave, Augusta Carport 218138

27/03/2018 A9859 Lot 361 Georgiana Cross, Cowaramup

Limestone Retaining Wall 218139

26/03/2018 A7566 Unit 2 / 17 Elva Street, Margaret River

Gabled Roof and flat roof patio

218140

27/03/2018 A3270 Lot 80 Zinfandel Street, Margaret River

Renovations and Additions 218141

27/03/2018 A10198 Lot 644 Platanus Cres, Margaret River

Patio x 2 218142

27/03/2018 A5383 Lot 106 Boodjidup Road, Margaret River

Carport 218143

27/03/2018 A9859 Lot 361 Georgiana Cross, Cowaramup


218144

27/03/2018 A12060 Lot 63 McDermott Parade, Witchcliffe


218145

28/03/2018 A7001 Lot 55 Sheridan Road, Margaret River

Ancillary Accommodation 218146

29/03/2018 A3537 Lot 3137 Sebbes Road, Forrest Grove

Cellar Door Sales - refurbishment

218150

27/03/2018 A2073 Lot 83 Georgette Way, Prevelly Conversion of Garage to Ancillary Accommodation

218151

27/03/2018 A8468 Lot 361 Georgiana Cross, Margaret River

Unauthorised Works - conversion of shed to detached bedroom, ensuite and kitchenette

218152

SUBDIVISIONS DETERMINED

Nil LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d Officer Address Proposal Outcome DA No.

02/08/2016 Matt Slocomb

Units 1 and 5, 90 (Strata Lots 3 and 7 of Lot 300) Blackwood Avenue, Augusta

Partial Change of Use (Permanent Stay/Multiple Dwelling)

Cancelled P216402

19/05/2017 Angela Satre

8 (Lot 132) Brookfield Avenue, Margaret River

Holiday House (Large) Refused P217311

09/06/2017 Lara Hoole

4 (lot 54) Scott River Close, Molloy Island

Retrospective Dwelling & Dwelling Additions (Boat-Port)

Approved P217345


384 (Lot 1689) Miamup Road, Cowaramup

Chalets x 4 and Private Recreation (Horse Riding School) (level 1)

Approved P217411


29 (Lot 172) Marmaduke Point Drive, Gnarabup

Dwelling Addition (Patio)

Approved P218169

LEVEL 2 APPLICATIONS for determination under delegation

Date Rec’d Officer Address Proposal Outcome of DAU Meeting

DA No.

22/08/2017 Lucy Gouws

110 (lot 31) Crozier Road & 2188 (lot 32) Jindong Treeton Road, Rosa Brook

Existing Animal Husbandry - (Mobile Poultry Farm), Agriculture Extensive (Stock Grazing), Farm Building and Proposed Dam

Conditional Approval

P217375

27/06/2017 Angela Satre

Lot 110 Ellen Brook Road, Gracetown

Dwelling to be used as a Holiday House (Large)

Conditional Approval

P217378

LOCAL LAW PERMITS

Nil OTHER APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.


70 (Lot 1537) Glenarty Road, Karridale

Section 40

Approved P216746

COMPLIANCE

Nil ELECTED MEMBERS ATTENTION

Nil CLOSURE OF MEETING

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

Existing Animal Husbandry (Mobile Poultry Farm), Agriculture Extensive – (Stock Grazing), Farm Building & Proposed Dam at 110 (Lot 31) Crozier Road & 2188 (Lot 32) Jindong Treeton Road, Rosa Brook

Major (Level 2) P217375; PTY/498 PTY/758 REPORTING OFFICER : Lucy Gouws DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 20ha & 23.3ha

Zone General Agriculture SCA1

Proposed Development Planning approval is sought for an existing development which consists of the following:

- Poultry farm for up to 600 chickens (400 hens and 200 chicks).

- Mobile chicken nesting house (20m²). - Farm building (1 x sea container) for sorting packing of

eggs and storage of feed and fodder. - Dam 5.2ML (50m x 50m x 4m). - Grazing of stock (54 cattle & 433 sheep).

A Nutrient Management Plan (Jan 2018) and Soil Report was submitted and reviewed by the DER as part of the assessment of the proposal.

Permissible Use Class Animal Husbandry ‘D’, Agriculture Extensive ‘P’ and Dam ‘P’

Heritage/Aboriginal Sites Nil

Encumbrance Nil

Date Received 23/06/2017

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

Policy Requirements

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

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 SCA1 Ten Mile Brook (Priority 3) Water Catchment Area

Officer Comment

Clause 6.4.1 relates to Ten Mile Brook (Priority 3) Water Catchment Area (SCA1). The objective of the SCA is to minimise the risk of pollution within a public drinking water source catchment area. The same area is identified as a ‘Priority 3 Public Drinking Water Source Area’ (PDWSA) by the Department of Water and the following publication is relevant – ‘Land Use Compatibility in Public Drinking Water Source Areas’. Under this document ‘poultry farms – housed’ are identified as ‘compatible with conditions’ in P3 areas. Essentially this means that the land use is unlikely to harm the drinking water source provided that best environmental management practices are used. As per the requirements of LPS1 the application along with a Soil Assessment and Nutrient Management Plan (Jan 2018) was referred to the DER for comment (refer comments below). Based on their assessment the development was acceptable.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?

√ Yes ☐ No ☐ N/A

Has a public submission been received by Council? Two submissions were received from members of the public including one objection and on submission of support.


No. received: 2

Have agency or authority comments been received? Yes one comment from Department of Water and Environmental and Regulation


State Government Agency Referrals

Department of Water and Environmental Regulation (DWER) made the following advice after receiving the Nutrient Management Plan (Jan 2018) ‘NMP’ and Soil Report (2017). Risks DWER has identified risks associated with this proposal including:

Potential water quality impacts on proclaimed groundwater resources, and

Potential water quality impacts on proclaimed surface water resources including the Margaret River Catchment Area, Public Drinking Water Source Area.

Groundwater The NMP and Soil Report demonstrates that groundwater levels are within 2 metres from the surface in December 2017 over a wide area of the suggested poultry roaming areas (outlined in Figure 6 in the

NMP). In general, groundwater levels will be expected to drop to a trough in March – April (seasonally dependent) and begin to rise thereafter. The NMP outlines in Section 4.4 Groundwater Monitoring, the DWER supports the two recommendations in the NMP for groundwater, and they are:

Monthly monitoring for 12months.

Quarterly for the following 2 years. The DWER notes that the calculations within the NMP should be based on 600 birds as the proponent plans to operate 400 hens and raise additional 200 chicks each year (Section 1.2, NMP). Although the DWER and proponent’s calculations differ for nitrogen and phosphorus for 400 birds (see Table 2). The annual loads calculated for 600 birds by DWER are within acceptable limits for eutrophication risk (see table 2 and 3). Therefore, based on the calculations, 600 poultry could be rotated over 15.5ha to within acceptable limits for WQPN 22 eutrophication risk. This calculation is based on two assumptions:

1. 15.5ha has even poultry rotations, thus even manure spread, and 2. 2m vertical separation is maintained from groundwater.

Recommendation The DWER supports the Poultry Codes 2m separation to groundwater and views that it is important to create this additional buffer to allow for the breakdown of the nutrients. Knowing that a 2m vertical separation could not be maintained 12 months of the year within the subject properties. It is considered by DWER that this risk could be appropriately managed. The DWER advises that risk mitigation measures to minimise the risk to water resources can be sufficiently managed as outlined within the NMP, namely:

1. Poultry stocking density is limited to 600 (includes hens and chicks) and is below the eutrophication risk category upper limits.

2. The soil testing indicated that 5 out of 6 test pits indicated very high phosphorus retention ability (NMP Section 2.3.1).

3. The waterway has and be continued to be revegetated, with 60m of native vegetation (30m either side of the waterway) and fenced from stock (NMP Section 4.5).

4. The areas that have the highest groundwater levels and those closest to the waterways will not be used for poultry rotations in winter-spring and or wetter months (NMP Section 4.3).

5. Future groundwater investigations to quantify groundwater movements through the seasons (NMP , Section 4.4)

6. Minimum 100m setback from either side of the waterway for the closest summer rotations (NMP Figure 5 and 6).

Assessment of the proposed dam A taking or diversion of surface water in this proclaimed area may require a permit to interfere with the bed and banks from DWER.

Public Referral Outcomes

Submission Nature of Comment Officer Comment

Objection

The land owner was advised that the proposal would be for a maximum of 400 chickens and that it would be kept away from the boundary. ‘…The current flock does not affect us but…we do not wish for the flock to double…we do not want the smell and noise …, we wish to keep this area for stock grazing only…’

Concerns from the neighbour about numbers increasing to 600 are noted. The DWER and the Shire’s Environmental Health Department have reviewed the proposal and find the poultry numbers and the rotation of poultry across the 15.5ha Site, along with vegetated buffers, to be acceptable mitigation to protect the amenity of neighbouring properties. Both departments determine that the proposal is of low risk with minimal impacts to the Site and surroundings. Landscaping of the Site will be required to be undertaken and this will include revegetation of the creek line and buffer planting on the boundaries. Through conditions of the planning approval, the concerns are considered to be satisfactorily addressed with appropriate management measures.

Support The waterway on the site(s) run into neighbouring properties and there are concerns

The Nutrient Management Plan (Jan 2018) indicates that a 2m separation from groundwater will be maintained 12 months of the year, this is supported by DWER. The proponent will be required to revegetate

with water flow from the creek, that the water flow isn’t interfered with and to make sure that ‘…the water hole is dug off …the creek line’.

the creek line to a minimum of 30m each side and the poultry will not be permitted within a 100m of the creek line. This is to ensure the future protection of the water quality within the creek line, and this approach is supported by DWER. The proposal includes an off stream dam, and this has been reviewed by the DWER who have advised that ‘the abstraction of water in this area may be subject to licensing by the DWER’. An advice note to this application reiterates the requirement to apply for a water license for the taking of water. Through conditions of the planning approval, the concerns of the neighbour are considered to be satisfactorily addressed.

Has the application been referred to internal departments?


Environmental Health No objections to the proposal and recommended conditions have been provided.

Environment Services No details on vegetative buffers or rehabilitation areas. Work to date in creek line areas has been appropriate and well implemented. It is not believed that the application will significantly increase nutrient export off the property from previous uses (for permitted uses). A landscaping plan will be required for the buffers.

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

A planning application was lodged in response to a compliance investigation (P217281). The proponent was required to lodge the subject application. The use was permitted to continue while the DA was being processed given the proponent was willing to adhere to the 100 metre setback to the creek line.

Development Standards (Schedule 9)

Are the development Standards applicable? √ Yes ☐ No

Officer Comment

The proposal complies with the development standards of a 30m front setback and 20m for the side and rear setbacks.

Building Height

Scheme / Policy Requirement Farm Building Wall - Roof - 11m

State the proposed building height

Wall & Roof Height – 2.59m

√ 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

From advice from the Shire Environmental Officer it appears that the poultry farm is well run, with sustainable farming practises in place. The Shire’s Environmental Health department have not received any complaints about noise, odour, dust or in relation to the use since they started operating. Additional vegetation along the creek line and the introduction of buffer planting on the boundaries will contribute to the continuation of best management practise being in place for the continuation of the farming enterprise. The scale of the poultry farm does not present significant numbers of chickens. The approach of the farm to rotate chickens around the Site, as per the recommendations of the NMP, ensures that waste does not build up in one area of the Site and allows for it to break down as the chicken are moved around the Site.

B. In the opinion of the officer:

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

Yes

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

Yes – condition requires a landscape plan for the revegetation of the creekline and the buffers on the boundaries of the Site.

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

N/A

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

Best practice measures are required to ensure that odour does not become an issue for neighbours.

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

N/A

Other Comments

Any further comments in relation to the application?

Officer Comment

The proposal is recommended for approval with conditions.

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 Existing Animal Husbandry (Mobile Poultry Farm), Agriculture Extensive (Stock Grazing), Farm Building & Proposed Dam at 110 (Lot 31) Crozier Road & 2188 (Lot 32) Jindong Treeton Road, Rosa Brook 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 received at the Shire on the 23 June 2017

2. If the development of the Dam, the subject of this approval, is not substantially commenced within

two (2) years from the date of this letter, the approval for the Dam shall lapse and be of no further effect. Where an approval has lapsed, development for the Dam is prohibited without further approval being obtained. (P)

3. Within 30 days of the date of this approval the proponent shall submit to the Shire for approval a

Landscape Plan which details re-vegetation of the waterway and buffer planting by a suitably qualified and/or experienced landscape consultant. The Landscape Plan shall be drawn to scale and shall show the following: a) The location, name and mature heights of existing and proposed trees and shrubs and ground

covers, including the foreshore rehabilitation areas and buffer planting area; b) Any natural landscaped areas to be retained; and c) An implementation scheduling for the landscaping works.

4. Landscaping shall commence, in accordance with the approved Landscape Plan, within 90 days of this Development Approval being granted and shall be completed within 2 years of the development approval being granted. Thereafter vegetation on site is to be maintained in accordance with the approved Landscape Plan.

5. Earthworks or modifications in association with the Dam are only permitted in the immediate

area of the Dam and as shown on the approved plans.

6. Following construction of the Dam, residual earthworks shall not be left in the setback area, between adjoining boundaries or stockpiled on site. Residual spill from Dam construction shall be respread on the subject site in such a way as to not interfere with the beds and banks of a watercourse or with existing native vegetation.

7. A fenced exclusion zone for stock grazing and poultry rotation shall be established around the remnant vegetation and creek line foreshore rehabilitation area to a distance of 100m from the centre line of the creek. This exclusion zone fencing shall be installed and completed within 90 days from the date if this approval.

8. The areas that have the highest groundwater levels and those closest to the waterways will not

be used for poultry rotations in winter-spring and or wetter months as referred to within the Nutrient Management Plan (2018).

9. In accordance with the recommendations of the Nutrient Management Plan (2018), the poultry

shall be rotated over the Site: a) to ensure no single grazing cell is occupied for longer than 1 week within one calendar year;

and b) the chicken caravan used for roosting and laying is moved within the grazing cell daily.

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. Any interference of the watercourse (such as the construction of a dam or crossing, or excavation

of the watercourse) and the abstraction of groundwater may require a permit to interfere with the bed or banks from the Department of Water. The proponent is advised to seek advice from the Department of Water (DoW) before progressing with works in association with the dam.

c. Compliance with the Food Standards Code, in particular Standard 4.2.5 which includes the

submission of, and adherence to, a Food Safety Management Statement in accordance with Division 2 of the standard.

d. Compliance with Health Local Laws 1999 in particular sections 59 and 88. e. An owner or occupier of the premises shall not cause or permit the escape of smoke, dust, fumes,

offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such nature as to cause or to be a nuisance.

f. The Site is located within the catchment of the Margaret River that forms part of the Busselton Coast Surface Water Area, proclaimed under the ‘Rights in Water and Irrigation Act 1914’. Any taking or diversion of surface water in this proclaimed area (whether by direct pumping, construction of a dam, or excavation) may be subject to licensing from the Department of Water. Any interference of the watercourse (such as the construction of a dam or crossing, or excavation of the watercourse) may require a permit to interfere with the bed or banks from the department.

g. Future groundwater investigations to quantify groundwater movements through the seasons are

to be carried out in accordance with the Nutrient Management Plan (2018) as recommend by the Department of Water and Environmental Regulations.

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

Proposed Dwelling to be used as a Holiday House (Large) at Lot 110 Ellen Brook Road Gracetown

Major (Level 2) P217378; PTY/11755

REPORTING OFFICER : Angela Satre DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 9.5ha

Zone Chalet & Camping

Proposed Development Single storey five bedroom dwelling, water tanks and carport to be used as a Holiday House (Large) for up to ten guests.

Permissible Use Class Single Dwelling - ‘D’ discretionary approval required Holiday House – ‘A’ advertising required

Heritage/Aboriginal Sites Nil

Encumbrance Nil

Date Received 27/06/2017 (amended plans rec’d 7 March 2018)

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

Policy Requirements

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

If yes, state the Policy/Policies Leeuwin Naturaliste Ridge Statement of Planning Policy 6.1 (LNRSPP) Local Planning Policy 7 – Holiday Houses (LPP7)

Officer Comment

LNRSPP: The site is classified as Ridge Landscape Amenity Area and adjoins Caves Road, a Strategic Road and Travel Route Corridor with Natural Landscape Significance. Development in the Ridge Landscape Amenity Area is recommended to be restricted to one dwelling per lot and low impact tourist development of low impact uses consistent with values of the natural environment. Policies of the Ridge Landscape Amenity Area are to maintain or enhance conservation and landscape values and assess development with regard to these values and with regard to the need to protect remnant vegetation. In relation to Caves Road, development that affects the views from Caves Road is not to be supported. In the case of the subject application, the development of the dwelling on a small (approximately 400m2) low lying portion of cleared land on the site is consistent with the intent and provisions of the LNRSPP. The dwelling is single storey and proposed in non-reflective colours and materials. The dwelling is proposed to be setback at least 61m from Caves Road and the site is fringed by existing vegetation to both Caves Road and Old Ellen Brook Road. The dwelling will be partly visible from portions of Caves Road however it will not adversely affect the views enjoyed from Caves Road. A landscape buffer to Caves Road is recommended to be required as a condition of any approval granted to further soften the visual impact of the development. The proposal is consistent with the intent and provisions of the LNRSPP. LPP7: Proposals for short stay accommodation on land in the Chalet and Camping zones are not within the scope of the Shire’s LPP7.

Structure Plans and Local Development Plans (DAP)

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

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?


Has a submission been received by Council? One objection was received

√ Yes ☐ No √ N/A

No. received: _______1______

Have agency or authority comments been received? ☐ Yes ☐ No ☐ N/A

Has the application been referred to internal departments?


Concern/Objection Comment

• Noise impacts – noise carries for many kilometres in the neighbourhood and disturb neighbours in a wide area;

• Concern that the ‘…project is a first step in a chain of steps that could lead to other usages including party venue…division into smaller rentable units…’; &

• Concern that the owners don’t plan to live on the site.

Concerns about noise are noted. The site at this time is vacant and the development will result in some noise impacts. The intensity of the land use is however not considered to be any greater than the normal residential use of a five bedroom dwelling and far less than would arise if the site, zoned Chalet & Camping, were developed with a more extensive tourist development. Notwithstanding, the proponent has been notified of their requirement to comply with the Noise Regulations. In relation to concerns about parties being held on the premises, the use will be required to be managed and guest stays will be limited in accordance with House Rules as a recommended condition of any approval granted. The proponent confirms that the dwelling is intended to be rented out on a commercial basis and that they do not intend to reside in the dwelling. The dwelling will be rented to one group or booking and not on a room by room basis. The short stay use of the dwelling will be managed by a third party. Details of a local manager within 35 minutes of the site are recommended to be required as a condition of any approval granted. A management plan is also recommended to be required to ensure the use of the site is not out of character with the amenity of the area. The use of the dwelling as a Holiday House is recommended for a limited period of 12 months initially. The short stay use of the dwelling is a secondary land use to the primary residential use and therefore onsite management is not a relevant requirement, as discussed as LPS1 clause 4.20.5, where it might be relevant to other permanent tourist development such as chalets or a caravan park in this zone. The proposal for off site management is considered acceptable in this case.

Environmental Health: Effluent disposal application will be referred to the Department of Health for approval.

Advice is recommended to be applied to any approval granted reflecting Environmental Health requirements.

Emergency Services: Element 1: Location

The vegetation extent on map (figure 2A) does not include the vegetation along Old Ellen Brook Rd and therefore ensures proposed residence and carport is within BAL-29. Please check and re-assess.

Need to check that the vegetation has been cleared on the site – if not the BAL contour map (figure 2B & 2C) is incorrect and the vegetation should be classified.

Element 2: Sitting & Design of the Development

The comments of emergency services have been addressed in the BMP. The Emergency Evacuation Plan is to be updated as recommended. The recommendation for a 70A notification is not relevant to the development application process but rather the subdivision process. The BMP has been granted conditional support by DFES and is acceptable to the Shire. The BMP is recommended to be implemented as a condition of any approval granted.

The proposal appears to comply with the Guidelines for Planning in Bushfire Prone Areas & Appendices.

Element 3: Vehicular Access

The proposal appears to comply with the Guidelines for Planning in Bushfire Prone Areas & Appendices.

Element 4: Water

Static Water Supply tank is located in BAL FZ on Contour Map. Please consider a separate dedicated firefighting water tank in a BAL 29 or below area with safe access and turn around as per the requirements in guideline for fighting access.

Firefighting water supply shall be separate to domestic water supply.

Ensure tank is fitted with 80mm Female camlock fitting.

Implementation

Developer to provide Section 70A notification as per the Transfer of Land Act is to be placed on all Titles

Bushfire Emergency Evacuation Plan: • Page 9, Refuge (East) should be the Shire’s Margaret River Cultural Centre (Wallcliffe Rd) • Page 9, 1.2 Advice states available sources but where do people actually find it? ABC Radio (what is the frequency?), The Shire of AMR Website? DFES website? Where do people actually have to go to find the information, be more specific? • The plan/map showing direction to evacuate is great.

Assessment of Application

Is the land referred in the Heritage Inventory? ☐ Yes √ No

Are there any Contributions applicable? Contributions are applicable to dwellings in addition to one for each lot.

☐ Yes √ No

Are there any compliance issues in relation to existing development?

☐ Yes √ No

R Codes

Are R Codes applicable? ☐ Yes √ No

Development Standards (Schedule 9)

Are the development Standards applicable? √ Yes ☐ No

Officer Comment The proposal meets the development standards for the Chalet & Camping zone under the Schedule 9.

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - <5> Car Bays Proposed -<5>

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

Turning Bay/Circles and vehicle manoeuvring


Building Height

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

State the proposed building height

Wall – 3.0m Roof – 4.2m


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 – the proposal also complies with the 60m setback standard for development adjoining highways pursuant to Scheme clause 4.33.

The proposal is also assessed against the provisions of 4.20 of the Scheme for Development in the Chalet and Camping Zone. The proposal meets the provisions of clause 4.20 give the following:

The development is located at the lowest point on the site, is well setback from Caves and Old Ellen Brook Roads and would be screened by existing vegetation on both road frontages and a proposed vegetation buffer fronting Caves Road.

The dwelling is single storey in height, is low in scale and form and is proposed using non-reflective colours consistent with low impact tourist development.

The external elevations of the dwelling were modified by inclusion of additional facades to provide relief and variation to the built form of the structure and to improve its aesthetic appeal.

The proposal has been modified to avoid development, including the water tank, in the existing stand of trees fronting Old Ellen Brook Road. The intention is to retain this vegetation fronting the access road with the exception of some tree thinning to install the bushfire asset protection zone around the dwelling.

The dwelling is proposed to be located to avoid impacts to the dam setback at least 50m to the west of the proposed dwelling.

Accordingly, the proposal meets the provisions of the Scheme at clause 4.20 for development in the Chalet and Camping Zone.

B. In the opinion of the officer:

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

Yes as confirmed by Environmental Health. A 247,000litre water tank is proposed on site along with a 20,000litre tank for fire fighting.

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

The site exists in Visual Management zone ‘A’ where developments or changes in land use should result in inevident visual alteration to the landscape. Whilst changes may occur, the development or change of use should be of similar form, scale and pattern to the existing landscape. In this case the colours are proposed to be non-reflective (roof colorbond ‘evening haze’ or dark beige, ‘dune’, ‘darling blue’, ‘elephant’). A condition requiring non-reflective colours and materials is recommended. It is also noted that the dwelling would be setback 61m from Caves Road and is screened from the road by a bund. Development is proposed in an existing cleared area on the site and development will not involve removal of vegetation with the exception of implementation of the APZ zone around the dwelling.

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

n/a

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

No

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

The BMP submitted with the application shows that the dwelling is proposed within the area of lowest fire risk on the site (BAL19-29). DFES have provided their conditional support to the BMP (correspondence received 2 March 18). Additionally an emergency evacuation plan (EEP) has been submitted for the short stay proposal which is classified as a vulnerable land use. The BMP has been updated without the need for re-referral to DFES. The proposal meets the provisions of SPP3.7 and the Guidelines for a vulnerable land use.

Other Comments

Any further comments in relation to the application?

Officer Comment

The application has been subject to a number of reviews and modifications to respond to concerns raised regarding the visual impact of the development and to ensure it is low impact tourist development. The amended application was advertised and raised one submission about the potential future impact of the Holiday House land use. The intensity of the land use is not considered to be

any greater than expected for a dwelling of this size. In support of the proposal, a BMP and EEP have been lodged and have been found to be acceptable. Approval to the proposed dwelling and approval of the Holiday House use for a limited period of 12 months is recommended subject to conditions.

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 Dwelling to be used as a Holiday House (Large) at Lot 110 Ellen Brook Road Gracetown 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 – P9 received at the Shire offices on 7 March 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. All stormwater and drainage run-off from the development shall be contained within the lot

boundaries. (I) 4. The Holiday House use is limited to a period of twelve (12) months from the date of practical

completion of the dwelling. The proponent must inform the Shire upon completion of the approved works (refer to advice note a).

5. The Emergency Response Plan and Fire Management Plan shall be displayed in a conspicuous

location within the dwelling at all times. (P) 6. The Bushfire Management Plan shall be implemented on site prior to commencement of the

Holiday House use and at all times thereafter. 7. A manager or a contactable employee of the manager that permanently resides no greater than

a 35 minutes 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).

8. The 24 hour contact details of the manager and owner of the Holiday House shall be visible on

the property from the nearest street frontage and maintained to the satisfaction of the Shire. (Refer advice note c).

9. All vehicles & boats connected with the premises shall be parked within the boundaries of the

property. (P) 10. The short stay use of the dwelling shall not be occupied by more than ten (10) people at any one

time. (P) 11. Amplified music shall not be played outside of the Holiday House between the hours of 10pm

and 10am. 12. ‘House Rules’ shall be developed 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 advice note f).

13. The walls and roof of the structures on site 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. (P)

14. A Landscape Plan shall be prepared to the satisfaction of the Shire by a suitably qualified and/or experienced landscape consultant and shall be submitted to the Shire prior to the issue of a building permit. The Landscape Plan shall be drawn to scale and shall show the following: a) The location, name and mature heights of existing and proposed trees and shrubs and ground

covers in the vegetation buffer fronting Caves Road; b) Any lawns and paved areas to be established; c) Any proposed landscaped areas and landscaped areas to be retained; and d) Those areas that are to be reticulated or irrigated are demonstrated to be designed using

water sensitive principles.

15. Landscaping shall be implemented, in accordance with the approved Landscape Plan, prior to occupation/use of the development and shall be maintained at all times.

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. (P)

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. (P) c) A sign limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from

ground level may be erected at the property frontage and within the property.(P) d) This approval does not affect the entitlement to use the dwelling for permanent residential

purposes. (P) 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;

(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.

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

Holiday Houses (please refer to the attached document). (P) g) Applicant to demonstrate site suitability for on-site sewage disposal to the satisfaction of the

statutory authority by submitting a site and soil evaluation in compliance with AS/NZS 1547 On-site domestic wastewater management. (EH)

h) An Aerobic Treatment Unit approved by the Department of Health for the onsite treatment and

disposal of sewage shall be provided for this development prior to occupation – application to be made to the WA Department of Health. (EH)

i) The development is to provide a potable water source in accordance with Shire of Augusta

Margaret River Health Local Laws 1999 (e.g. water to be treated by filter and ultra violet light). (EH)

j) Noise emissions resulting from development/use of premises for the approved purpose shall

not exceed the assigned levels in the Environmental Protection (Noise) Regulations 1997, and shall not unreasonably interfere with the health, welfare, convenience, comfort or amenity of an occupier of any other premises. (EH)

Documents

PLANNING APPLICATIONS RECEIVED Date Rec’d Address …