Proposed Carport and Patio Additions - Lot 1 (No.73) Swan ......Land Use Planning in the Vicinity of Perth Airport The lot is affected by aircraft noise. In accordance with State Planning

Ordinary Meeting of Council 14 December 2016

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3.8 PROPOSED CARPORT AND PATIO ADDITIONS - LOT 1 (NO.73) SWAN STREET, GUILDFORD (DA687-16)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks planning approval for a carport and patio additions to a Single Dwelling at Lot 1 (No.73) Swan Street, Guildford.

• The subject lot is zoned 'Residential' under the City's Local Planning Scheme No.17 (LPS17) with a density coding of R5. In addition to the above, it is noted that the site is within a Special Control Areas (Aircraft Noise Exposure Areas).

• The proposed additions present as a variation to the provisions of the R-Codes. The proposal does not meet the 'deemed-to-comply' requirement under Part 5.1.3 Lot Boundary Setback by proposing a 0.5m setback for the carport and patio to each side boundary. The required setback is to be 1.5m to the western boundary and 1m from the eastern boundary.

• The proposal also presents a variation to the provisions of the Guildford Conservation Precinct Policy with respect to Form.

• The application was advertised to the adjoining landowners within the immediate vicinity for a period of 14 days. One objection was received which noted the structure should be in keeping with the Conservation guidelines. No objections were received from the immediate land owners to the west or east.

• A submission was received from the Guildford Association that raised issues in relation to Scale, Form, Siting and Materials.

• It is not considered that the siting of the proposed carport and patio will adversely impact the streetscape and approval is recommended.

It is recommended that the Council approve the application for a Carport and Patio Additions at Lot 1 (No.73) Swan Street, Guildford, subject to conditions.

AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS17) to approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.


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BACKGROUND

Applicant: Great Aussie Patios (Director: Robert Halse) Owner: Eleanor Heinke Zoning: LPS17 - Residential (R5) MRS - Urban Strategy/Policy: SPP 3.1 Residential Design Codes of Western Australia

SPP 5.1 Land Use Planning in the Vicinity of Perth Airport POL-C-106 Guildford Conservation Precinct POL-C-096 Guildford and South Guildford District Drainage Contribution Fund

Existing Land Use: Single House Lot Size: 613m2 Use Class: Single House - 'P'

DETAILS OF THE PROPOSAL

The application proposes a carport and patio addition to the Single House on the lot. The additions will consist of a partly covered vehicle access way along the western boundary of the lot which then meets up with a covered patio addition at the rear of the dwelling.

The carport and patio additions meet at the rear of the dwelling, effectively creating an 'L' shaped covered area.

DESCRIPTION OF SITE

The lot is rectangular in shape, 15.23m wide by 40.23m long, and 613m2 in area. The lot has frontage to Swan Street on the northern boundary. The lot currently contains a Single House.

The immediate and surrounding built form is low density residential, characterised by similarly sized lots, each containing a single house. The surrounding area is flat and low lying. The dwelling to the west of the site is on the City's Municipal Heritage inventory and on the National Trust as 'Longson House', No.75 Swan Street, Guildford.

There are two constraints on the lot, namely:

• The lot is prone to Aircraft Noise and is located within the 25-30 Zone.

• The lot is located within the Guildford Heritage Precinct. Compliance with POLC-C-106 Guildford Heritage Local Planning Policy is addressed below.

PUBLIC CONSULTATION

The proposed development was advertised to the adjoining landowners from numbers 78 to 68 Swan Street and 75 to 67 Swan Street, Guildford for a period of 14 days.


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An objection was received from the adjoining landowners at No.70 Swan Street on 28 September 2016.

The objection was based on the built form of the proposed carport as this is to be the only structure that will be visible from the street. The objection was that the proposal needs to be within 'Design Guidelines' of the Guildford Conservation Policy.

The proposed development was referred to the Guildford Association for comment for a period of 14 days.

The submission raised the following sections of the Guildford Conservation Precinct Design Guidelines:

• 5.1.2 Scale or size

New buildings should be a minimum of 3 metres and maximum of 4.2 metres

• 5.2.1 Form

Additions shall have a minimum roof pitch of 27.5 degrees and plate height of 3 metres.

• 5.3.2 Siting

Carports to be out of the front setback

• 5.4 Materials and colours

New buildings and additions should use materials, textures and colours that are in use locally and in adjacent heritage buildings.

The Guildford Association also further noted concerns regarding the potential the proposal has on adjoining landowners in that it may trap heat and sound or reduce light to the adjoining property.

DETAILS

Zoning and Permissibility of Use

The subject lot is zoned 'Residential' under LPS17 with a density coding of R5. In addition to the general Scheme provisions applicable to residential development, the provisions pertaining to Special Control Areas (Aircraft Noise Exposure Areas) have the effect that the use of the land for residential purposes is discretionary rather than permitted as of right.

Residential Design Codes of WA

Part 5.1.3 Lot Boundary Setback

The proposal includes two side setback variations, proposing 500mm side boundary setbacks to the east and west boundaries. Under Table 2a/2b the side setback required is 1m.


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Whilst this presents as a side boundary setback variation, the Design Principles of this part require consideration with respect to building bulk on adjoining properties and the access of sunlight and ventilation to adjoining landowners. As both structures are open sided and will still allow direct sun and ventilation to adjoining landowners, it is considered to meet this design principle.

Guildford Conservation Precinct Design Guidelines

Part 5.1.2 Scale or Size

The acceptable development provisions of this part stipulate:

'New buildings, and additions to existing buildings, should generally appear as single storey as viewed from the street. Plate heights (measured from the base of the external wall to the plate) should be a minimum of 3 metres and a maximum of 4.2 metres.'

Both the carport and patio additions reach a maximum height of 3m from natural ground level to the plate height, therefore meeting this provision of the design guidelines.

Part 5.1.2 Form

It is noted that the proposal does not meet the required 27.5 degree roof pitch as provided under this policy. Therefore consideration must be given against performance criteria 5.2.1 which provides the following:

'Residential development shall be sympathetic to the predominant form of development in the context and in the case of additions, to the existing building'

It is considered that the proposed structure is sympathetic to the existing dwelling. Its limited bulk will not detract from the roof form of the dwelling.

As there is at least one dwelling within the immediate vicinity of the site which maintains a similar built form carport addition and given there are two examples further along Swan Street, it is the officer's position that the carport addition will not be out of context with the prevailing streetscape.

Part 5.3.2 Siting

The proposal includes a 16m primary street setback which meets objective (a) of this part being in compliance with the Residential Design Codes. The open space on the lot will not exceed that which is required under the R20 coding (i.e. 50%), meeting objective (b) of this part. The proposal maintains compliance with provisions (c), (d) and (e) as the car parking structure is to be setback along the side access of the dwelling and setback behind the front building line of the house.

Part 5.4.2 Materials and Colours

The proposed structure includes colourbond 'surf mist' steel posts with colourbond 'manor red' zincalume roof sheeting. Part (g) of the acceptable materials for non-heritage buildings includes:

'Other materials may also be acceptable where their proportions, textures and details are sympathetic with the surrounding context and are not in sharp contrast'


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Given the steel post for the structure is to be painted in a 'surf mist' which closely resembles the crisp white of the dwelling and reflects the existing zincalume roof sheeting on the neighbouring property to the west, it is considered that the use of steel is not in sharp contrast to the existing dwelling and neighbouring property. Furthermore the colours meet the acceptable materials under this design principle which requires colourbond in red, brown or grey.

Land Use Planning in the Vicinity of Perth Airport

The lot is affected by aircraft noise. In accordance with State Planning Policy 5.1 - Land Use Planning in the vicinity of Perth Airport (SPP5.1), a single house (and additions) is unacceptable on the site, subject to the development providing noise attenuation measures. As both structures are open sided and that there is no capacity for noise insulation, it is considered that this part of the policy is void. Given that there is an existing notification on the title and that the landowner is aware of potential noise nuisance, no further action is required from the City.

OPTIONS AND IMPLICATIONS

Option 1: That Council resolve to approve the application for a Carport and Patio Additions to a Single House at Lot 1 (No.73) Swan Street, Guildford, subject to the following conditions:

1. This approval is for a Carport and Patio Additions to Lot 1 (No.73) Swan Street, Guildford.

2. Earthworks, footings and/or structures are not to extend over any lot boundaries or into the road reserve.

3. The landowner is to make a contribution to the City of Swan in accordance with the City of Swan POL-C-096 "Guildford and South Guildford District Drainage Development Fund" based on the additional roof area of 63.76m2 to the satisfaction of the City of Swan. Payment is to be made prior to the lodgement of a Building Permit application and/or work commencing on the site.

4. All stormwater produced on the site is to be contained on site to the satisfaction of the Chief executive officer. Stormwater drainage plans are to be included at submission of a Building Permit application and approved by the City.

5. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant services authorities and will be at the applicant's expense.

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


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Implications: The applicant/owner can proceed with the development to construct Additions to the Single House.

This is the recommended option.

Option 2: Council may resolve to refuse the proposed Carport and Patio additions to a Single House at Lot 1 (No.73) Swan Street, Guildford, on the grounds that the proposed development fails to comply with the relevant provisions of the Residential Design Codes and Guildford Conservation Precinct Policy as noted in the above report.

Implications: The applicant will have a right of review of the decision by the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application seeks planning approval for a carport and patio additions to a Single Dwelling at Lot 1 (No.73) Swan Street, Guildford.

The subject lot is zoned 'Residential' under the City's Local Planning Scheme No.17 (LPS17) with a density coding of R5. In addition to the above, it is noted that the site is within a Special Control Areas (Aircraft Noise Exposure Areas).

The proposed additions present as a variation to the provisions of the R-Codes. The proposal does not meet the 'deemed-to-comply' requirement under Part 5.1.3 Lot Boundary Setback by proposing a 0.5m setback for the carport and patio to each side boundary. The required setback is to be 1.5m to the western boundary and 1m from the eastern boundary.

The proposal also presents a variation to the provisions of the Guildford Conservation Precinct Policy with respect to Form.

The application was advertised to the adjoining landowners within the immediate vicinity for a period of 14 days. One objection was received which noted the structure should be in keeping with the Conservation guidelines. No objections were received from the immediate land owners to the west or east.

A submission was received from the Guildford Association that raised issues in relation to Scale, Form, Siting and Materials.

It is the officers recommendation that the submissions received from adjoining land owners and the Guildford Association are not considered to prevent the approval of the development. The proposed development is setback a significant distance from the primary street so as to be partially obscured from view. The existing streetscape includes at least one other similar carport structure.

It is recommended that the Council approve the application for Carport and Patio additions at Lot 1 (No.73) Swan Street, Guildford, subject to conditions.


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ATTACHMENTS

Location Plan

Site photo - 1

Site photo - 2

Site Plan 1

Elevation Plan 1

Elevation Plan 2

Floor Plan

Materials and finishes schedule

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

City of Swan Local Planning Scheme 17

SPP 3.1 - Residential Design Codes of Western Australia

SPP 5.1 - Land Use Planning in the Vicinity of Perth Airport

POL-C-106 Guildford Conservation Precinct

POL-C-096 Guildford & South Guildford District Drainage Development Fund

VOTING REQUIREMENTS

Simple majority


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RECOMMENDATION

That the Council resolve to:

1) Approve the application for a Carport and Patio Additions to a Single House at Lot 1 (No.73) Swan Street, Guildford, subject to the following conditions:

1. This approval is for "Carport and Patio" additions to Lot 1 (No.73) Swan Street, Guildford.

2. Earthworks, footings and/or structures are not to extend over any lot boundaries or into the road reserve.

3. The landowner is to make a contribution to the City of Swan in accordance with the City of Swan POL-C-096 "Guildford and South Guildford District Drainage Development Fund" based on the additional roof area of 63.76m2 to the satisfaction of the City of Swan. Payment is to be made prior to the lodgement of a Building Permit application and/or work commencing on the site.

4. All stormwater produced on the site is to be contained on site to the satisfaction of the Chief executive officer. Stormwater drainage plans are to be included at submission of a Building Permit application and approved by the City.

5. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant services authorities and will be at the applicant's expense.

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

ADVICE NOTES Standard advice notes apply.

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

3) Advise those that lodged a submission of the Council's decision.

CARRIED

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Proposed Carport and Patio Additions - Lot 1 (No.73) Swan ......Land Use Planning in the Vicinity of Perth Airport The lot is affected by aircraft noise. In accordance with State Planning