Proposed Shed (Covered Horse Yards and Facilities) - Lot 7 … · 2017-02-17 · Ordinary Meeting of Council 15 February 2017 Page 1 3.11 PROPOSED SHED (COVERED HORSE YARDS AND FACILITIES)

Ordinary Meeting of Council 15 February 2017

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3.11 PROPOSED SHED (COVERED HORSE YARDS AND FACILITIES) - LOT 7 (NO.17) SOLERA VISTA, MIDDLE SWAN (DA712-16)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The City has received an application for a large shed at the subject property. The proposed shed is 920m2 (46m x 20m) and 5.3m high at the peak of the roof. It is largely open sided and will be used to cover 8 horse yards, a horse preparation/grooming area, as well as providing for storage of machinery, horse floats, horse feed and gear. The entire complex is for personal / hobby use.

• The proposal is considered to be a 'Rural Pursuit' under the City’s Local Planning Scheme No.17 (LPS17). This is a 'D' use in the Swan Valley Rural zone, i.e. a use the City has discretion to approve.

• The proposed shed is approximately 56m from the nearest (eastern) boundary, 76m from the southern boundary, and about 275m from the nearest public street.

• The application was referred to all immediate neighbouring landowners for a period of 14 days. One objection was received, citing concerns about water allocation and doubts that the shed was genuinely for personal hobby use. No concerns were raised regarding the visual impact of the shed.

• The application was referred to the Swan Valley Planning Committee (SVPC), as required due to the size of the shed. The SVPC resolved that “the proposed shed and horse arena is of a size that will dominate the visual landscape of the vicinity and prove detrimental to the rural character of the area and recommends it not be approved”.

• Due to the large distances to lot boundaries and public streets, and the fact the shed will be well screened from the river side by existing thick vegetation, City officers do not agree with the SVPC’s view that the proposed shed will have a detrimental impact on the visual landscape or rural character of the locality.

It is recommended that the Council approve the application under Local Planning Scheme No. 17, and recommend the Western Australian Planning Commission approve the same, pursuant to the Metropolitan Region Scheme.


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AUTHORITY/DISCRETION

The Council may approve (with or without conditions) or refuse to approve the proposed development pursuant to LPS17, Clause 10.3. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 5 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Brett Smith Owner: Brett Colin Smith and Michelle Catherine Smith Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: Building and Development Standards (Rural Zones)

Draft Swan Valley Development Plan Swan Valley Planning Act (1995)

Existing Land Use: Single House (currently under construction) Lot Size: 49,632m2 (4.96 ha) Use Class: Rural Pursuit “D”

DETAILS OF THE PROPOSAL

The application is for a large shed, 46m x 20m (920m2).

• Wall height 3.6m, 5.3m at peak of roof. Shed is largely open sided. It is proposed to be used as follows:

o Bays 1-5 (28.75m x 19.8m) – 8 covered horse yards, 4 per side, with a

4.9m wide breezeway between them o Bays 5-7 (11.5m x 19.8m) – Horse preparation area, including tie up

areas, vet crush, sand roll, grooming area, area to work with the horses under cover

o Bays 7-9 (11.5m x 19.8m) – Enclosed storage area for horse floats, tractors, machinery, horse equipment and feed.

• The entire complex is for personal recreational / hobby use. • Sides and downpipes will be in Colorbond Windspray (mid grey); roof, gutters and

roller doors will be in Colorbond Basalt (darker grey) It is noted that the application does not seek approval for keeping of horses. The property is of a size (4.96ha) which allows the keeping of 4-5 horses, without requiring development approval from the City.

DESCRIPTION OF SITE

The property is a battleaxe lot, tucked away off the end of a cul-de-sac (Yukich Close), and bordering the river foreshore. The lot is generally flat and clear of trees, but from its western boundary, the land falls away steeply towards the river. The foreshore land along the river is thickly vegetated, with many mature trees and bushes.


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A house is currently under construction in the south western corner of the property.

The property is surrounded by reasonably large rural lots (3.2ha and above), many with residences and vineyards. Surrounding residences are generally at a considerable distance from the proposed shed, with the nearest neighbouring residence being approximately 200m away. Houses on the two lots to the east are set well back behind existing vineyards.

SITE HISTORY/PREVIOUS APPROVALS

DA 397-16 Single House, approved 4.7.2016 BP 1875-2016 Single Dwelling, 633m2, approved 26.7.2016

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

DA 174-16 Proposed Rural Outbuilding (660m2) – Lot 71 (No. 45) Middle Swan Rd, West Swan. Approved by Council 6 July 2016, after the SVPC did not support it as proposed.

DA 341-15 Proposed Rural Pursuit and Outbuilding / Horse Arena – Lot 151 (No. 58) Lefroy Avenue, Herne Hill. Approved under delegation 9 July 2015. Undercover horse arena and storage.

APPLICANT'S SUBMISSION

"The shed is for personal use only as we are hobby horse trainers and general equine enthusiasts, we envisage a maximum of 6 horses on the property at a time (we will submit a separate planning approval with property management plan for approval shortly), we have allowed for additional 2 undercover yards to allow for friends from the country who may visit overnight and weekends on occasion, the additional yards also allow us to provide separation for new horses entering the property to ensure they do not pass on colds and to rotate yards if they become damp, it also allows us to manage a horse that may not be able to be paddocked next to another.

The storage shed and general horse prep area is designed so that all our equipment is neatly stored away to ensure a neat and tidy property at all times which presents very well."

PUBLIC CONSULTATION

The application was originally advertised for 14 days to immediate neighbours to the east and south. Following the SVPC’s resolution and a site visit, the proposal was also advertised to the immediate neighbour to the north, who then responded with an objection. This is discussed in the report below. Neighbours to the east were phoned to verify that they had no objections to the proposal.


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CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee (SVPC), as required under existing referral arrangements as there are more than 200m2 of sheds and outbuildings proposed on the property, and the proposed shed height exceeds 5m.

At its meeting of 7 November 2016, the SVPC resolved that:

"The proposed shed and horse arena is of a size that will dominate the visual landscape of the vicinity and prove detrimental to the rural character of the area and recommends it not be approved."

Furthermore the SVPC made a range of observations on the proposed shed, including that:

"There will be a detrimental visual impact on the rural landscape and Swan River, due to the prominent and elevated location of the proposed shed in relation to the Swan River."

DETAILS

Zoning and Permissibility

The application is for a proposed large shed located within the 'Swan Valley Rural' zone under LPS17.

The shed is intended to be used in association with the owners’ hobby of keeping and training horses. The property is of a size and soil type which allows the keeping of 4-5 horses without requiring planning approval from the City, as this would be under the base dry stocking rate for the property. The applicants have indicated that they intend to apply to the City for planning approval to keep 6 horses, in the near future.

The proposed use is considered to be best classified as a 'Rural Pursuit' under LPS17. This means:

"any premises used for:

(a) The rearing or agistment of animals;

(b) The stabling, agistment or training of horses;

(c) The growing of trees, plants, shrubs or flowers for replanting in domestic, commercial or industrial gardens; or

(d) The sale of produce grown solely on the lot,

but does not include agriculture – extensive or agriculture – intensive."

This use is considered a better fit than “equestrian facility”, as the applicant has clarified that the proposed horse facilities are for personal / hobby use only, and will cater to their own horses, and occasionally those of visiting friends.

A Rural Pursuit is a 'D' use under LPS17 (a use the City has discretion to approve).


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Objectives of the Zone (Local Planning Scheme 17)

The objectives of the Swan Valley Rural zone under LPS17 are to:

(a) Promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

(b) Provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

(c) Recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

(d) Ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act (1995).

The proposal does not prejudice Objectives (a), (b) or (c). It is not considered to have any detrimental impact on the surrounding horticulture or viticulture operations. City staff consider that the proposed development is not visually intrusive or incongruous with its rural setting, with reference to the Swan Valley Planning Act Objectives for Area B.

Objectives of Area B (Swan Valley Planning Act 1995)

The planning objectives for any proposed development in ‘Area B’ under the Swan Valley Planning Act 1995 are as follows –

1) The protection of viticulture.

2) The provision of water for viticulture and horticulture and the discouragement of other activities that have high water demands.

3) The encouragement of tourist facilities provided that they do not detract from the rural character of the area.

4) The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.

5) The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan.

6) The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan where such facilities are required to service the local community and will not detract from the rural character of the area.

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

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

9) The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land.


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10) The subdivision into lots of less than 4 hectares only where this is consistent with the objectives set out in this section.

11) The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area.

The shed, which is intended for storage and activities associated with a Rural Pursuit, is considered to be consistent with these objectives. The use in itself is considered to be compatible with the rural character of the area. The number of animals to be kept is less than the base dry stocking rate for the property, and unlikely to create negative environmental or amenity impacts.

The SVPC has resolved not to support the proposal, as they believe it would be detrimental to the rural character of the locality.

Rural Character / Visual Impact

The relevant question for consideration by Council is whether the proposed shed is consistent with the “rural character” of the locality. The focus for assessment is whether or not the size and siting of the shed will present to immediate and surrounding properties, and public streets, a building bulk which adversely impacts on their visual amenity.

The proposed shed easily complies with all the standard boundary setbacks prescribed for the zone, being approximately 56m from the nearest (eastern) boundary and 76m from the southern boundary. Nonetheless, the proposal was referred to 4 immediate neighbours for comment, due to the size of the shed and its potential for visual impact. One submission was received, but did not raise any concerns regarding the potential visual impact of the shed. The nearest existing residence is approximately 200m from the shed site.

The property is a battleaxe lot, located between Yukich Close (a cul-de-sac) and the Swan River. The proposed shed would not be easily visible from any public roads, given that the nearest public road is around 275m away. A site inspection of the property showed that it will be difficult to see the shed at all from the direction of the Swan River. The riverbank is steep and thickly vegetated. Viewed from the river, the angle of view and the shed’s setback from the top edge of the bank (approximately 85m back) means that the shed would not be visible. From further west, the shed would be well screened by existing mature vegetation.

The footprint of the proposed shed, at 920m2, represents only 1.85% of the lot area. This is well under the 10% of the lot area which is specified in the City’s Building and Development Standards – Rural Zones, as being the maximum developable area for a rural lot. The vast majority of the property will remain as open paddock. The existing rural character of the area includes large sheds for rural purposes, but is still predominantly open land and vineyards. It is noted that nearby Oakover Winery, two properties further to the east, has two very large sheds, at around 1230m2 and 1320m2.

The shed is proposed to have a neutral colour scheme (greys), which will not be visually dominating. Also, on the long sides of the shed, 50% or more of the length of the shed is open-sided, rather than solid walls, further reducing the appearance of bulk.

Accordingly, it is considered that the proposed shed will not have a detrimental visual impact on the rural landscape, or on the rural character of the area, contrary to the advice of the SVPC.


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Other matters raised in submissions

One objection was received from a neighbouring landowner, which cited concerns that:

1. He believed the shed was too big to be for “personal / hobby use” only.

2. Concerns that the applicants appeared to be marking out a trotting track, which could generate dust.

3. Concerns that the proposal would not be able to get a bore licence in order to suppress dust, given that vignerons in the area had had their water allocation reduced.

The applicant has provided a clear statement that the proposal is for hobby use only, and any approval will be conditioned accordingly. The other concerns are not relevant to the current application. No trotting track has been applied for, however it is noted that the current proposal to exercise horses in a partially enclosed shed will probably significantly limit any dust nuisance for neighbours. The issuing of bore licences is a matter for the Department of Water, not the City, and is not relevant to this application. As noted earlier, the current application is for a shed and not for “keeping of horses” at a rate above the base dry stocking rate for the property.

City staff are of the view that the proposed shed and Rural Pursuit use are consistent with the objectives of the Swan Valley Rural Zone and the objectives of the Swan Valley Planning Act for Area B, including not detracting from the rural character of the locality.

It is recommended that the Council grant conditional approval under LPS17 and provide advice to the WAPC recommending approval under the Metropolitan Region Scheme.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve not to accept the advice of the Swan Valley Planning Committee with respect to the impact of the shed on the rural character of the locality, and grant conditional approval for the proposed Shed (Rural Pursuit) on Lot 7 (No.17) Solera Vista, Middle Swan pursuant to its Local Planning Scheme No.17 (LPS 17). Further, the Council recommend that the Western Australian Planning Commission approve the application pursuant to the Metropolitan Region Scheme (MRS).

Implications: In accordance with the Metropolitan Region Scheme, the application is forwarded to the WAPC for determination pursuant to the MRS.

This is the recommended option.


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Option 2: The Council may resolve, pursuant to LPS17, to refuse the application for the proposed Shed (Rural Pursuit) at Lot 7 (No.17) Solera Vista, Middle Swan, for the following reason:

1. The siting and size of the shed will render it visible to an extent that will adversely impact on the rural character of the area to an extent inconsistent with the objectives of the Swan Valley Rural zone.

Implications: In accordance with the MRS, a decision consistent with the advice of the Swan Valley Planning Committee by the City of Swan under LPS17 is taken to be a determination under the MRS. If the application is refused and the applicant is aggrieved by this determination, the applicant will have a right of review in the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application proposes a large shed of 920m2 (46m x 20m), which is 5.3m high at the peak of the roof. It is to be used in association with a personal hobby of keeping horses, and will cover horse yards, a horse preparation/grooming area, as well as providing for storage of machinery, horse floats, horse feed and gear. No approval is sought under the current application for “keeping of horses”, as up to 4-5 horses may be kept on the property without exceeding the base stocking rate.

This proposal is best classified as a 'Rural Pursuit' under LPS17, which is a 'D' use in the Swan Valley Rural zone, i.e. a use the City has discretion to approve.

The application was referred to the Swan Valley Planning Committee (SVPC), as required due to the size of the shed. The SVPC resolved that “the proposed shed and horse arena is of a size that will dominate the visual landscape of the vicinity and prove detrimental to the rural character of the area and recommends it not be approved”.

City officers disagree with this contention, given that it is around 56m between the shed and the nearest property boundary; around 200m to the nearest neighbouring residence; and around 275m to the nearest public street. From the west, the shed will be well screened from view by thick vegetation on the riverbank, and the angle of view. It is noted that the footprint of the shed occupies only 1.85% of the lot area, with the vast majority of the property remaining as open paddock, consistent with the surrounding rural landscape. The existing rural landscape of the locality includes other large rural sheds, including considerably larger sheds at nearby Oakover Winery.

The proposal was advertised to immediate neighbours for 14 days, and no objections were received from neighbours, in regard to the shed’s visual impact. A concern raised that the proposed shed is not genuinely for personal / hobby use only, is contradicted by statements provided by the applicant, and can be addressed through conditions.

The shed is proposed to be in neutral colours (greys) and is largely open-sided. City officers do not agree with the SVPC’s view that the proposed shed will have a detrimental impact on the visual landscape or rural character of the locality.

It is recommended the Council approve the application under LPS17, and recommend the WAPC approve the same, pursuant to the Metropolitan Region Scheme.


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ATTACHMENTS

Location plan

Site plan

Floor plan

Elevations

Colour schedule

Site photos

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


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RECOMMENDATION

That the Council resolve to:

1) Grant approval for a 920m2 shed on Lot 7 (No.17) Solera Vista, Middle Swan subject to the following conditions:

1. This approval is for a “Shed” associated with a “Rural Pursuit”, as defined in the City’s Local Planning Scheme No.17 and limited by the terms and conditions outlined within this approval.

2. The Rural Pursuit is limited to the rearing, stabling, exercising and/or training

of horses that are owned or cared for by either:

i. a person who is the owner of the land; or ii. a person who is the occupant of a dwelling on the land.

3. Facilities associated with the Rural Pursuit shall not be made available to the

public or any organisation, club, association or similar, without first obtaining approval from the City.

4. The shed shall only be used for domestic and/or rural purposes associated with

the property, and not for human habitation. 5. The walls and roof of the shed shall be clad in materials / colours as follows:

• Walls and downpipes – to match Colorbond “Windspray”; • Roofs, gutters and roller doors – to match Colorbond “Basalt”

or other colours to complement the rural surroundings, and/or adjoining developments in its vicinity, to the satisfaction of the Chief Executive Officer.

6. All stormwater is to be collected and contained onsite. No stormwater is to be

discharged from the property into other land or reserves. Stormwater drainage plans are to be included at submission of building permit application.

7. 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) Refer the Application to the WAPC with a recommendation that the application be approved subject to conditions.

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

4) Advise the submitter of the Council's decision accordingly.

CARRIED

DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

17/01/2017

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Attachment 1. Location Plan17 Solera Vista (DA 712-16)

Attachment 2. Plans for approval(DA 712-16)

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Attachm

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Photos.

Documents

Proposed Shed (Covered Horse Yards and Facilities) - Lot 7 … · 2017-02-17 · Ordinary Meeting of Council 15 February 2017 Page 1 3.11 PROPOSED SHED (COVERED HORSE YARDS AND FACILITIES)