development assessment unit on 19 december 2017 matt … · 2018-01-04 · shire of augusta...

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 19 December 2017

ATTENDANCE Angela Satre, Jason Heine, Lara Hoole, Lucy Gouws, Chris Wenman, Jared Drummond,

Matt Cuthbert, Anne Marie Laddie, Matt Slocomb PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

11/12/2017 A7959 4 (Lot 117) Lesueur Place, Gnarabup

Dwelling Additions (Storeroom Retrospective)

P217773

11/12/2017 A12520 56 (Lot 28) Brookfield Avenue, Margaret River

Single Dwelling and Retaining P217774

12/12/2017 A6931 10 (Lot 48) Caladenia Rise, Margaret River

Home Occupation (Pilates & Occupational Therapy)

P217776

12/12/2017 A10520 5021 (Lot 41) Caves Road, Cowaramup

Dams x 3 P217777

13/12/2017 A1061 33 (Lot 37) Elva Street, Margaret River

Grouped Dwellings x 1 P217778

13/12/2017 A10028 Unit 5, 19 (Strata Lot 5 of Lot 1) Auger Way, Margaret River

Section 40 (Wholesale Beverage Production)

P217779

13/12/2017 Reserve 19416 Bussell Highway, Cowaramup

Local Law Permit - Coaching Lessons to be held at Cowaramup Skate Park

P217780

13/12/2017 A12157 2 (Lot 101) Trinder Drive, Margaret River

Bed & Breakfast P217781

13/12/2017 A1764 8 (Lot 100) Fearn Avenue, Margaret River

Amendment to Approval (P217087 - Shops x 4 & Serviced Apartments/Grouped Dwellings)

P217782

14/12/2017 A514 29 Pinot Way, Margaret River Park Home Park – Contos 1a P217784

14/12/2017 A514 42 Pinot Way, Margaret River Park Home Park – Eagle Bay – 8b P217785

14/12/2017 A514 Site 50 Hawkesford Place, Margaret River

Park Home Park - Bunker Bay P217786

15/12/2017 A5728 73 (Lot 195) Point Marmaduke Drive, Gnarabup

Dwelling Additions (Retrospective Solar Panels)

P217788

15/12/2017 A5660 2/24 (Lot 47) Freycinet Way, Gnarabup

Holiday House P217789

15/12/2017 A9173 6 (Lot 8) Honeytree Grove, Cowaramup

Dwelling Additions (Outbuilding) P217791

15/12/2017 A5418 16 (Lot 43) Freycinet Way, Gnarabup

Dwelling P217792

15/12/2017 A4498 Reserve 36747 - Cnr of Merino way & Wallcliffe Road, Reserve 18838 Roxburgh Road, Margaret River

Local Law Permit - Pony Rides for Kids / Pony Hire for Events

P217793

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

11/12/2017 A9356 Lot 34 Firestone Way, Augusta Single Dwelling, Garage and Retaining Wall

217577

11/12/2017 A10142 Lot 404 Coral Vine Cross, Cowaramup

Retaining Wall and Earthworks 217580

13/12/2017 A10307 8 (Lot 86) Holbrook Street, Margaret River

Single Dwelling 217581

12/12/2017 A4196 Lot 10 Exmoor Drive, Margaret River

Shed 217583

12/12/2017 A3380 Lot 34 Victoria Parade, Augusta Garage and Carport 217584

12/12/2017 A397 Lot 3876 Wilson Road, Kudardup Hayshed 217585

13/12/2017 A70 30 Brockman Highway, Karridale Unauthorised Works - Carport 217586

13/12/2017 A12318 211 Bussell Hwy, Margaret River Illuminated Pylon Sign 217587

13/12/2017 A11984 9 (Lot 19) Offshore Crest, Margaret River

Single Dwelling & Shed 217588

14/12/2017 A8463 7 (Lot 361) Birch Loop, Margaret River

Patio 217589

15/12/2017 A7959 4 (Lot 117) Lesueur Place, Gnarabup

Unauthorised Works - Storeroom 217591

15/12/2017 A1871 114 (Lot 61) Armstrong Road, Cowaramup

Unauthorised Works - Atrium, Kitchen 217592

SUBDIVISIONS DETERMINED

Nil. LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

08/08/2017 MS 361 (Lot 64) Kevill Road West, Margaret River

Land Clearing Approved P217487

29/08/2017 LH 5 (Lot 44) Hall Road, Cowaramup

Holiday House Approved P217526

01/09/2017 AS 26 (Lot 405) Coral Vine Cross, Cowaramup

Dwelling and Ancillary Dwelling

Cancelled P217535

29/09/2017 MS 4 (Lot 369) Mahoney Street, Margaret River

Dwelling Approved P217599

04/10/2017 MS 20B (Lot 332) Wise Road, Margaret River

Ancillary Dwelling and Outbuilding Ancillary to Dwelling

Approved P217605

01/11/2017 MS 41 (Lot 133) Grunters Way, Gnarabup

Bed and Breakfast (Renewal)

Approved P217669

02/11/2017 LG 33 (Lot 63) Baudin Drive, Gnarabup

Dwelling Additions (Storeroom Extension)

Approved P217684

02/11/2017 LG 15 (Lot 41) The Boulevard, Margaret River

Bed and Breakfast Approved P217686

06/11/2017 LG 9 (lot 449) 9 Hibertia Terrace, Margaret River

Dwelling Addition (Spa and Gazebo)

Approved P217693

LEVEL 2 APPLICATIONS for determination under delegation

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

1/09/2017 LG 40 (Lot 21) Formosa Street, Margaret River

Proposed Grouped Dwelling, Associated Retaining Wall and Use as a Holiday House

Conditional Approval

P217534

4/10/2017 LH 12 (Lot 297) Jenkins Road, Cowaramup

Dwelling Conditional Approval

P217607

3/11/2017 JD 13 (Lot 545) Highland View, Margaret River

Holiday House (Large) Conditional Approval

P217691

06/10/2017 LH Unit 4, 24 (Strata Lot 4 of Lot 35) Town View Terrace, Margaret River

Holiday House Conditional Approval

P217611

16/10/2017 LH 77 (Lot 1013) Heron Drive, Margaret River

Holiday House Conditional Approval

P217629

LOCAL LAW PERMITS

Date Rec’d

Officer Address Proposal Outcome DA No.

06/12/2017 ER Reserve 41545 Surfers Point, Margaret River

Mobile Food Business Approved P217769

OTHER APPLICATIONS determined under delegation

Nil COMPLIANCE

Nil ELECTED MEMBERS ATTENTION

Nil CLOSURE OF MEETING

DEVELOPMENT APPLICATION ASSESSMENT (DAU)

Report to Manager Planning and Development Services

Proposed Group Dwelling, retaining wall and use as a Holiday House at 21 (Lot 40) Formosa Street, Margaret River

Major (Level 2) P217534; PTY/12121 REPORTING OFFICER : Lucy Gouws DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 234m²

Zone Residential 30/40

Proposed Development Planning approval is sought for a two storey dwelling, retaining and use of the dwelling as a Holiday House on completion. Only 2 bedrooms will be available to guests when the dwelling is used as a Holiday House, and guest numbers will be limited to a maximum of 4.

Permissible Use Class Grouped dwelling ‘D’ and Holiday House ‘D’

Heritage/Aboriginal Sites Nil

Encumbrance Strata Interests and Drainage Easement – Not Impacted

Date Received 01/09/2017

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 Detailed Area Plan – Lot 320 Higgins Street, Margaret River 2011.

Officer Comment

An extract from the Detailed Area Plan applicable to the subject site is provided below:

As assessment against the design requirements is provided as follows:

Design Element Comment

Open Space/Outdoor Living

Min open space requirement is 45%. Complies

Mandatory covered outdoor area with 2/3rds without roof.

Complies

Transportable Dwellings

Transportable dwellings not permitted. N/A

Dwelling Orientation

Dwelling to address the primary street. Complies

Front elevation shall consist of front door and at least one major opening to a habitable room overlooking the street.

Complies

Dwelling abutting Public Open Space shall have one or more major opening to a habitable room and outdoor living area facing POS.

N/A

Outdoor living areas located on the northern side.

Complies

Minimum 1 habitable room (not bedroom) located on the northern side.

Complies

Vehicle Access and Garage/Carports

2 onsite car parking spaces. Complies

Unless otherwise approved by the Shire, all garage and carports shall be located in the position shown on the DAP.

Complies

Maximum crossover width is 4.8m. 4m - Complies

Balconies

Encouraged on any upper floor facing the POS.

Complies

Utilities, Facilities and Outbuildings

All screened from public views from POS and street.

Shown to be screened.

Sustainable Design

Gas boosted or solar hot water system and or an array of solar photovoltaic panels are to be installed on the north facing rooves.

Either photovoltaic panels or a solar hot water system are to be provided.

3,000 rainwater tank to be provided and plumbed to dwelling.

Complies.

Achieved current BCA +1/2 rating. To be assessed at Building.

Include water efficient appliances. To be assessed at Building.

Materials

Brick and cement render, rammed earth, stone or limestone, natural timber, colorbond/mini orb, fibre cement, concrete and various wall cladding products permitted.

Complies

Carports/Garages same material as dwelling.

Complies

Roof may consist of steel or metal, tiles or slate and complimentary colour to dwelling.

Complies

No unpainted or highly reflective materials permitted.

Complies – roof to be clad in Shale Grey, although reflective it is not ‘highly’ reflective like zincalume.

Fencing

Fencing forward of the building adjacent to the street shall be rendered masonry and visually permeable above 1.2m.

Rendered brick piers with either metal or timber slates are to be provided that are visually permeable.

Uniform open style fencing on Lots 22-30, maintained and repaired and responsibility of lot owners.

N/A

Earthwork and Retaining Walls

Minimise earthworks. Complies.

Lots shall be filled no more than 0.5m above the level of adjoining roadway.

Variation. The gradient of the Site ranges in height up to 2 meters within a small area. The FFL of the dwelling will be 1.2m lower than the NGL of the neighbouring lot (south) on Lot 20. The proponent has reduced the FFL by 300mm in order to reduce the amount of fill on the Site in relation to the adjoining road. This has resulted in the retaining wall reducing in height from 1.4 – 0.98 to a height of 0.86 – 0.69mm. Considering the topography, this is considered a good outcome.

Any proposed building adjacent to a retaining wall, installed by the developer, must receive approval from a certified structural engineer to assure function and integrity of the wall and footings are maintained.

Will be determined at Building Stage.

The following setbacks are applicable to this application:

Street / Boundary

Setback (min)

Applicable Lots

Setback Provided

Officer Comment

Public Road (Primary Street Frontage)

Dwelling 2.5m Applies to all Lot 20 and 21 (excluding

5.59m Complies

Garage 1.0m 1.2m – Street

Complies

garage for Lot 21 – refer to communal street setback below).

0m - Side Variation. Supported given the variation is to the street setback area, and presents no impact to adjoining neighbours.

Porch, veranda, balcony

1.5m 4.19m Complies

Side Lot Boundary

Setback (min)

Applicable Lots

Setback Provided

Officer Comment

Side Boundary

Ground floor (northern)

1.5m (see note 1) *

Applies to all Lots

5.5m Complies

Upper floors (northern)

1.5m * 4.1m Complies

Ground floor (southern)

As per R/Codes (see Note 2)

0m Complies

Upper floors (southern)

1.0m 1m Complies

Notes: 1. A wall may be built up to the northern lot boundary behind the street setback line for a total length of 7m as illustrated on the indicative building footprint plan for all lots. The height of the wall built up to the lot boundary to be determined as per the 'deemed to comply' requirements of the R-Codes. 2. A wall may be built up to the southern lot boundary for a total length dictated by the front and rear setbacks as illustrated on the indicative building footprint plan for all lots. The height of the wall built up to the lot boundary to be determined as per the 'deemed to comply' requirements of the R-Codes. *Setback to the edge of the eaves.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?

√ Yes ☐ No ☐ N/A

Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: 1

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

Has the application been referred to internal departments? ☐ Yes √ No ☐ N/A

Name Nature of Submission Officer Comment

Neighbour (not adjoining)

Object Concerns with the Holiday House use on the small lot for up to 6 guests and the number of vehicles required to park within the Site. Concerns this will result in parking of boats, trailers and cars within the street which is not available.

The proponent has reduced the guest numbers to 4 who will utilise only 2 bedrooms and 2 parking spaces within the Site. The parking of boats trailers will not be permitted, and this addressed in the House Rules provided by the manager and as per condition 8 of the 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

Overshadowing 35% = 91.7m²

102.69m² A variation of 10.99m² is presented, reduced from the 14.21m² initial variation. The adjoining neighbour has been consulted and has not objected to the proposed variation. Although the variation does increase the overshadowing of the adjoining lot (south), the NGL of the neighbouring lot is over 1m higher than the application site, which will assist in maintaining solar access to the adjoining site. The rear (southern) wall of the proposed garage is single storey at a length of 1.5 metres from the boundary, this will aid in allowing solar access to the neighbours (south) potential outdoor living area, if they choose to locate it in this area.

Other Variations ☐ Yes √ No

Development Standards (Schedule 9)

Are the development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement

Car Bays Required – 2 Dwelling/Holiday House

Car Bays Proposed - 2

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

Building Height

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

State the proposed building height

Wall - 5.6m Roof – 7.7m


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.

A. In the opinion of the officer:

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

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

N/A

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

Other Comments

Any further comments in relation to the application?

Officer Comment

The proposal is considered to be consistent with the relevant requirements of the Residential Design Codes, Local Planning Scheme No.1, the Higgins Street Detailed Area Plan and meets the relevant criteria pertaining to discretionary decision sought. Accordingly, the proposal is recommended for approval subject to 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 Group Dwelling, retaining wall and use as a Holiday House at Lot 21 Formosa 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.

Plans and Specifications

P1 – P5 received at the Shire on the 23 October 2017

2. If the development 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 or disposed offsite by an approved connection to the Shire’s drainage system. (I) 4. The wall 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. 5. Prior to the issuing of a Building Permit, it must be demonstrated that the installation of the

following sustainable design components of the Local Area Plan are implemented. i. Gas boosted or solar hot water system and/ or an array of solar photovoltaic panels are to

be installed on the north facing rooves. ii. 3,000 rainwater tank to be provided and plumbed to dwelling. iii. Achieve the current BCA +1/2 rating under the Home Energy Rating System. iv. Include water efficient appliances.

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

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

7. The Emergency Response Plan (i.e. fire escape route maps and other details as required) shall be displayed in a conspicuous location within the Holiday House at all times. (P)

8. A Manager or a contactable employee of the manager that permanently resides no greater than a 1 hour drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour 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) (P).

9. 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) (P)

10. All vehicles connected with the premises shall be parked within the boundaries of the property.

(P)

11. The short stay use of the dwelling shall not be occupied by more than 4 people at any one time. (P)

12. Amplified music shall not be played outside of the Holiday House between the hours of 10pm and 10am.

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

14. The provision of screening of all service areas, water tanks and bins from view from the street.

15. The area highlighted on the approved plan P1 shall be landscaped to the satisfaction of the Shire

and shall thereafter be maintained in the future. ADVICE NOTES a) A new planning application seeking approval should be submitted 90 days before the expiry of

this approval, along with the appropriate planning fee. (P) b) In relation to condition 8, 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) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday

Houses (please refer to the attached document). (P) f) 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.

(iii) 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.

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

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

Proposed Dwelling: 12 (Lot 297) Jenkins Road, Cowaramup

Major (Level 2) P217607; PTY/12488

REPORTING OFFICER : LH DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 652sqm

Zone Future Development (Residential R15)

Proposed Development A 4 x bedroom, 2 x bathroom single storey dwelling.

Permissible Use Class ‘P’ (permitted). The development proposes variations to the Residential Design Codes ‘deemed to comply’ standards and therefore requires consideration through the planning application process.

Heritage/Aboriginal Sites No

Encumbrance N/A


Aerial extract

Policy Requirements

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

The Site


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 ‘Structure Plan ‘Cowaramup Country’ Lots 101 & 102 Bussell Highway, Cowaramup’ endorsed 28/05/2008.

Officer Comment

Site is identified for residential development to an ‘R15’ density code consistent with the zoning of the site.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?


Has a submission been received by Council? One submission of support & two objections.


No. received: 3

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

Has the application been referred to internal departments? ☐ Yes ☐ No √ N/A

Name Nature of Submission Officer Comment

Private Submission Support

I currently own property in the street and believe the property planned would be a fantastic addition to the street.

The owners have spent a considerable time researching the area to ensure that their property would suit the streetscape and general identity of the community.

They have also engaged an award winning landscape architect to ensure the property is displayed in a natural and sympathetic way for the established housing and natural landscape.

The weatherboard and colorbond cladding provide a feature to the property frontage and also incorporate features from surrounding properties and farms.

Planning approval for my driveway is smaller than the proposed driveway, yet no comment or objection was received regarding planning of my dwelling.

Noted. The proposed dwelling is generally consistent with existing development in the subdivision. Single storey 4 x bedroom by 2 x bathroom residents. The landscape of the area is cleared grazing land. Landscaping is likely to enhance the property and streetscape. The proposed materials and design are consistent with the character of the area. A building permit only was issued for the submitters dwelling, as the development was exempt from requiring planning approval. Building permit applications are not advertised to surrounding landowners. A variation is not sought in respect to driveway design.

Private Submission

Objection

By changing the dwelling setback from 6m to 2.4m will provide less parking and less driveway.

Prefer everyone to stay in line with the residential design code.

The Residential Design Codes (Rcodes) requires a minimum of 2 car parking bays to be provided. A double garage is proposed complying with this standard. The garage is proposed to be setback 7m from the front boundary making this the longest driveway in the street and providing ample space for two additional parking bays (4 total). Of the 9 building permits for dwellings on Jenkins Road, only one complies with the 6m front setback standard under the Rcodes. Front street setbacks vary from 1.5m at the entrance to Jenkins Road to 6.272m

Our house is designed in line with the Shires approval and so should they.

towards the southern end of the street. This provides a fluctuating building line or street setback. The submitters dwelling is setback 4.5m from the front boundary. The R-Codes provides some flexibility for dwellings to be forward of the 6m front setback standard and to be exempt from requiring planning approval. In this case the proposed front street setback meets the deemed to comply standards of the R-Codes in relation to averaging.

Private Submission Objection

Bringing the front boundary forward will leave less parking space so cars will be parking on the road.

The street will not look even, one house more forward.

Concerned it will look messy and out of place.

The development provides the largest formalised parking space of all dwellings in the street. Front boundary setbacks in the street range from 1.5m to 6.272m. The lot is tapered towards the front and in this way is unlike the majority of the lots in the street which are rectangular in shape. The dwelling is unusually shaped and steps back from the front street gradually increasing in width following the tapered shape of the lot. The dwelling design responds to the shape of the lot. The design of the dwelling results in a corner of a small portion of the dwelling being setback 3m from the front boundary. This portion of the building meets the ‘deemed to comply’ standards of the Rcodes in relation to averaging. A porch 3.6m long (eaves overhang) protrudes out, from the dwelling wall, with one corner of the eaves overhang setback 2.4m from the front boundary. The portion of dwelling that encroaches into the setback area is a minor variation to the standard (see comments below).

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 Req

Provided Officer comment

Front Setback 6m 3.3m Complies with averaging the front setback up to 3m in accordance with figure 2.

Porch/ eaves incursion into front setback area.

3m 2.4m Variation

Sides Setback North: 1.5m South: 1m

1.8m Nil

Complies Variation

Rear Setback 6m 4.6m Variation

Rear Porch/eaves incursion into rear setback area.

5.25m 3.5m Variation

Garage/Carport Setback 4.5m 7m Complies

Driveway Width 3m to 6m 4.7m Complies

Garage Width Not exceed 50% of frontage.

36% Complies

Open Space Requirement 50% 59% Complies

Upgrade Landscaping ☐ Required √ Not Required

Overlooking ☐ Yes √ No

Street surveillance √ Yes ☐ No

Street Walls and Fences ☐ Yes √ No

Overshadowing ☐ Yes √ No

Energy efficiency/solar access

√ Yes ☐ No

Other Variations ☐ Yes √ No

Officer’s Comments against performance criteria

The dwelling proposes the following variations to the Residential Design Codes ‘deemed to comply’ standards:

Porch/eaves incursion setback 2.4m from the front boundary, (a variation to the 3m minimum averaged front boundary setback area standard);

Dwelling setback 4.6m from the rear boundary, (a variation to the 6m minimum rear setback standard);

Porch/eaves incursion setback 3.5m from the rear boundary, (a variation to the 5.25m minimum eaves incursion to the lot boundary setback standard); and

Garage with nil southern side boundary setback, (a variation to the 1m minimum side boundary setback standard).

Variations to the ‘deemed to comply’ standards may be approved if considered to meet the ‘design principles’ of the RCodes. Clause 5.1.2 Front Setback There is an existing pattern of variable front street setbacks in the locality. There is also a large 4m wide road verge on either side of the street. The proposed variation sought is consistent with the pattern of streetscape development in the area. The property is unusual in shape and tapers towards the front and flares out an angle at the rear. The incursions into the setbacks arise because of the shape of the lot. The area of incursions into setback areas are minor. The proposed porch in the front setback is open and small in area. It is considered that this proposed minor projection will not detract from the character of the streetscape and will positively contribute to the prevailing development in the area. The site is fairly level and no retaining or excess fill is proposed. The single storey dwelling has a maximum wall height of 2.74m for the garage along the southern side boundary and 2.585m height for the wall at the rear intruding in the rear setback area. The proposed dwelling is considered not to have excess building bulk impact impacts and will not cause adverse impacts to the streetscape or the amenity of surrounding landowners. The proposal meets the design principles of the R-Codes at clause 5.1.2 notwithstanding the objections received. Clause 5.1.3 Lot Boundary Setbacks The proposed nil side setback to the garage and the rear setback variation did not raise objections during the advertising period. The variations are minor and will not have an adverse impact to privacy, amenity, sunlight and ventilation to the adjoining properties. This variation meets the design principles of the R-Codes and considered acceptable.

Development Standards (Schedule 9)

Are the Development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - 2 Car Bays Proposed - 4

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

Turning Bay/Circles and vehicle manoeuvring

☐ Complies ☐ Doesn’t Comply ☐ N/A

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 – 2.805m Roof – 6.3m


Clause 67

A. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the Deemed Provisions of the Scheme?

Officer Comment

Yes

B. In the opinion of the officer:

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

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

N/A

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. BAL Low.

Officer Comment

The proposal generated objections during the advertising period. The variations were assessed and were found to meet the design principles of the R-Codes. The application is recommended for conditional approval.

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 Dwelling at 12 (Lot 297) Jenkins Road, Cowaramup 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


Plans and Specifications

P1 received by the Shire on 8 November 2017. P2 – P3 received by the Shire on 25 October 2017.

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 or disposed offsite by an approved connection to the Shire's drainage system. (I) 4. The wall 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. 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.


Proposed Holiday House (Large) at 13 (Lot 545) Highland View, Margaret River


REPORTING OFFICER : JD DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 1060sqm

Zone Residential (R10)

Existing Development √ Single House

☐ Grouped Dwelling

Nature of application √ New application

☐ Renewal

Proposed use The proposed holiday house (large) seeks to use four bedrooms to accommodate a maximum of seven short stay guests.

Permissible Use Class ‘A’ – discretionary use

Advertising Required √ Yes ☐ No

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 N/A

Date Received 3 November 2017

Date of Report 14 December 2017


Planning History Planning approval (P25400) was issued on 12 September for a Single Dwelling and Outbuilding

Has the application been advertised to adjoining landowners?

√ Yes ☐ No

Have there been any objections?

√ Yes ☐ No

Comments Received Nature of Submission Comments Received Officer Comment

Objection Concern raised that the proposed holiday house with seven guests will create noise and parking impacts. This will have impacts on a quiet residential street.

The proposed holiday house complies with policy as it exceeds 1,000sqm. A condition will be placed on the approval prohibiting amplified music outside of the Holiday House between the hours of 10pm and 10am. The site is easily capable of accommodating four car bays within the property boundaries. A condition of approval is recommended that all vehicles & boats connected with the premises shall be parked within the boundaries of the property. House rules have been provided by the applicant, which include restrictions on noise, number of occupants and parking. A locally based property manager has been appointed to ensure the property is appropriately managed. Approval is recommended for 12 months. Further approval is subject to compliance with conditions of planning approval i.e. noise, parking and so forth.

Support No comments provided Noted.

Policy Requirements Policy Element Provision Comment

1. Location

Coastal settlement; or ☐

Adjoins fronts or is within an area of “significant tourist attraction”; or

☐

Does not adjoins, fronts or is within an area of “significant tourist attraction but exceeds 1000m² in area.

√

R2.5 and R5 coded lots not sharing boundaries with more than 3 lots.

☐

Does the proposed Holiday House (Large) in an urban area meet the zoning and or location requirements under AD1.4 of the policy?

√

R30 density code or lower for Holiday Houses within grouped dwellings.

☐

None of the Above ☐

2. Occupancy

Does the proposed number of guests (7) comply with the acceptable development criteria?

√ Yes

☐ No

3. Amenity

Have there been any complaints since previous approval?

☐ Yes ☐ No √ N/A

Complies with the objectives and provisions of the zone?

√ Yes

☐ No

For Holiday House (Large), is sufficient information provided to assess potential impacts on local amenity.

√ Yes

☐ No

4. Design

Is the dwelling of sufficient size to cater for intended number of guests?

√ Yes

☐ No

Is the dwelling sufficiently serviced to cater for intended number of guests?

√ Yes

☐ No

A total of four car bays are provided (one for each bedroom). This is consistent with the requirements of LPS1.

Sufficient potable water supply?

√ Yes

☐ No

The dwelling is connected to Scheme water and deep sewer.

Sealed Crossover √ Yes

☐ No

The Infrastructure business unit has advised that the non-compliant bitumen parking bay/crossover located to the east of the property will need to be addressed. This is considered a separate matter to this application.

5. Management Emergency Response Plan and Fire Management Plan submitted?

√ Yes

☐ No

Management Plan submitted? √ Yes

☐ No

No amplified music between 10pm & 10am Require as a condition

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

6. Period of approval

√ 12 months

☐ 3 years

Any discretionary considerations under LPP7’s performance criteria.

No.

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 Holiday House (Large) at 13 (Lot 545) Highland View 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


Plans and Specifications P1 & P2 received at the Shire on 3 November 2017.

2. The Holiday House use is limited to a period of twelve (12) months from the date of this approval.

(P) (Refer to advice note ‘a’)

3. An Emergency Response Plan shall be displayed in a conspicuous location within the development at all times. (P)

4. A Manager or a contactable employee of the Manager that permanently resides no greater than a 1 hour drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour 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’) (P).

5. 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’) (P)

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

property. (P) 7. The short stay use of the dwelling shall not be occupied by more than seven (7) people at any

one time. (P) 8. Amplified music shall not be played outside of the Holiday House between the hours of 10pm

and 10am.

9. The ‘House Rules’ provided with the application shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer advice note ‘f’) (P)

10. 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)

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) In relation to condition 4, 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)


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) The parking bay/crossover located to the east of the property exceeds the Shire’s allowance for

crossovers. The Shire should be contacted on [email protected] to resolve this matter.

f) You are advised of the need to comply with the requirements of the following other legislation:

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

mailto:[email protected]


Proposed Holiday House Use of Existing Grouped Dwelling: 4, 24 (Strata Lot 4 of Lot 35) Town View Terrace, Margaret River



General Information

Lot Area 1012sqm

Zone Residential (R30/40)

Existing Development ☐ Single House

√ Grouped Dwelling

Nature of application ☐ New application

☐ Renewal

Proposed use Planning approval is sought for Holiday House use of single storey, 3 x bedroom, 1 x bathroom grouped dwelling. The grouped dwelling is one of four units and is located at the rear of the site that is bounded by Ned Higgins Laneway to the west. The Holiday House use is proposed to accommodate a maximum of four adults or one family.






Encumbrance N/A


Date of Report 19/12/2017

Location Map

The Site


Planning History Planning approval (P9842) for grouped dwelling was issued in 1998.


√ Yes ☐ No


☐ Yes √ No

Comments Received

Nature of Submission

Comments Received Officer Comment

Private Submission

Support Noted.

Private Submission

Support with conditions;

What conditions are there to protect the other residents from noise and rowdy behaviour?

A copy of the proposal outlined by the applicant was forwarded to the submitter – included 24/7 manager contact details, a set of house rules, terms and conditions of stay which include (but not limited) for the following:

Numbers not to exceed that provided in the booking, numbers that exceed without agreement the booking may be terminated;

Parties and functions are strictly prohibited;

Furniture not to be moved;

The premises is for domestic purposes only.

Disturbance to neighbours including excessive noise, is strictly prohibited.

Please note you are in a residential are and regard the quiet enjoyment of neighbouring properties;

Animals are strictly prohibited unless prior arrangements are confirmed in writing.

Breaches of conditions may result in eviction and loss of bond.

A list of the Planning Services standard conditions was also forwarded to the submitters.

Policy Requirements

The Site

Policy Element Provision Comment

1. Location



√ Within the 300m Town Catchment policy area identified for Holiday House use.


☐


☐


☐


☐ Yes. √ No.

The site is developed to R40 density. 4 units per 1012sqm.

None of the Above ☐

2. Occupancy

Does the proposed number of guests(four or one family) comply with the acceptable development criteria?

√ Yes

☐ No

3. Amenity




√ Yes

☐ No


☐ Yes

☐ No

√ N/A

4. Design


√ Yes

☐ The proposed dwelling is

sufficient to cater for a maximum of four (4) adults or one family in accordance with ventilation and overcrowding standards of the Health Local Law.


√ Yes

☐ No


√ Yes

☐ No

Connected to scheme water.

Sealed Crossover √ Yes

☐ No


√ Yes

☐ No


☐ No




√ 12 months

☐ 3 years


The site is developed to an R40 density, a variation to the R30 or lower density standard for Holiday House use of grouped dwelling. The R30 density requires an average of 300sqm per dwelling. The site is developed at an average of 253sqm per dwelling. Element 1 – Location ‘Performance criteria’ To ensure that the operation of the Holiday House does not result in ‘adverse impacts on the amenity of neighbouring properties’.

The site is located in the 300m Town Centre Catchment area identified within the Local Planning Policy 7 – Holiday Houses as an appropriate location for Holiday Houses as it is within walking distance to the town centre and facilities including restaurants and shops. There are currently 9 planning approvals for Holiday House use of grouped dwellings developed at R40 density dotted throughout Town View Terrace. The applicant has provided a comprehensive management plan. The proposed numbers (less than the maximum of six guests standard of the policy) are appropriate for the size of the grouped dwelling. The grouped dwelling is located at the rear of the site that backs onto Higgins Lane. There is an outside courtyard enclosed by a stone retaining wall and colorbond fence providing privacy. There are two separate parking bays available, reducing potential vehicle movements as opposed to tandem bays. It is recommended to include a condition for the proponent to manage guests parking, to ensure neighbours parking is not impacted and there is no parking in the road reserve. The grouped dwelling is considered to be suitable for Holiday House use on trial basis for 12month. Upon reapplication will be referred to surrounding owners for comment/review of the operation of the use.

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 Holiday House Use of Grouped Dwelling at Unit 4, 24 (Strata Lot 4 of Lot 35) 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


Plans and Specifications P1 to P2 received at the Shire on 6 October 2017.


(P) (Refer to advice note ‘a’) 3. An Emergency Response Plan (i.e. fire escape route maps and other details as required) shall

be prepared and submitted to the Shire prior to commencement of the use. The Emergency Response Plan shall be displayed in a conspicuous location within the dwelling at all times. (P)

4. A Manager or a contactable employee of the manager that permanently resides no greater than

a 1 hour drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour 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’) (P).

5. 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’ ) (P)


property. (P) 7. The short stay use of the dwelling shall not be occupied by more than four (4) people or one

family at any one time. (P) 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 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’) (P)

10. The two designated parking bays shall be available for guest parking at all times when the

grouped dwelling is being used as a Holiday House. Parking shall be appropriately managed to ensure guests do not park vehicles in front of the neighbour’s dwelling or within the road reserve.

Advice Notes a) Following satisfactory performance of the approved use, and in the absence of any substantiated


b) In relation to condition 4, if at any time there is not an appointed manager or a contactable



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:

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

(iii) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined


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)


Proposed Holiday House: 77 (Lot 1013) Heron Drive, Margaret River



General Information

Lot Area 10326sqm

Zone Rural Residential

Existing Development √ Single House

☐ Grouped Dwelling

Nature of application √ New application

☐ Renewal

Proposed use Proposed Holiday House use of 1x bedroom, 1 x bathroom, single storey dwelling to accommodate a maximum of four guests.






Encumbrance N/A


Date of Report 19/12/2017

Location Maps

The Site


Planning History N/A


√ Yes ☐ No


☐ Yes √ No

Comments Received

Nature of Submission Comments Received Officer Comment

Private Submission Indifferent

Concerns that they are looking to sell and what the new owner might be like.

What happens if noise is a problem since the owners will be living in Mandurah.

The site of the house for maximum of four – 2 Adults and 2 kids would be fine, but 4 adults will be a squeeze.

Would like these things looked into before approval.

The applicant has advised that they will have a professional manager appointed to manage the property if and when it is let for short term accommodation. They have yet to appoint one and are in the process. There will be clear signage at the front of the property with both the landowners and the 24/7 local managers contact details in case of emergency or disturbance. There are house rules for the guests that include (but not limited) to the following:

Consider this your home, treat it as your own, respect your neighbours and leave it as you find it.

House rules are binding on guests and visitors and any issues must be promptly reported to the manager;

Offensive noise and anti-social behaviour is prohibited;

Guests are responsible for visitors;

Parties and non- compliant functions are prohibited;

Guests and visitors are required to use the parking areas provided.

Consequences of non-compliance are specified including termination and eviction.

A list of the Planning Services standard conditions was also forwarded to the submitters. Further to

The Site

the above the submitters were advised that the dwelling is of adequate size to accommodate a maximum of four guests in accordance with the Health Local Laws in regards to ventilation and overcrowding standards. The submitters have advised that the information provided has addressed their concerns.

Policy Requirements

Policy Element Provision Comment

1. Location



√ The property is located on large Rural Residential zoned lot, that is located half way between Margaret River townsite and Prevelly (local beaches). The property is 115m east of Caves Road (a major tourist route).


N/A


N/A


N/A


N/A

2. Occupancy

Does the proposed number of guests four (4) comply with the acceptable development criteria?

√ Yes

☐ No

3. Amenity




√ Yes

☐ No


☐ Yes

☐ No

√ N/A

4. Design


√ Yes

☐ No


√ Yes

☐ No


√ Yes

☐ No

220,000litre total capacity existing rain water tanks x 2.


√ Yes

☐ No


☐ No




√ 12 months

☐ 3 years


The Shires records show a BAL 12.5 assessed for the property prior to building the dwelling. Since then the vegetation has been substantially reduced onsite. The front half of the property has been cleared of vegetation with a managed landscaping strip along the front of the site. The rear of the site has been parkland cleared around the existing trees. The site is well managed with maintained low fuel on the site in accordance with the BAL assessment and in compliance with the Firebreak & Fuel Hazard Reduction Notice. There is also an endorsed fire management plan for the area. The site meets the acceptable requirements for vulnerable land use (Holiday House) under State Planning Policy 3.7.

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 Holiday House Use of Existing Dwelling at 77 (Lot 1013) Heron Drive, 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


Plans and Specifications P1 to P3 received at the Shire on 16 October 2017.


(P) (Refer to advice note ‘a’) 3. An Emergency Response Plan (i.e. fire escape route maps and other details as required) shall

be prepared and submitted to the Shire prior to commencement of the use. The Emergency Response Plan shall be displayed in a conspicuous location within the dwelling at all times. (P)

4. A Manager or a contactable employee of the manager that permanently resides no greater than

a 1 hour drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour 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’) (P).

5. 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’ ) (P)


property. (P) 7. The short stay use of the dwelling shall not be occupied by more than four (4) people at any one

time. (P) 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 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) (P)

Advice Notes a) Following satisfactory performance of the approved use, and in the absence of any substantiated


b) In relation to condition 4, if at any time there is not an appointed manager or a contactable



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


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)

development assessment unit on 19 december 2017 matt … · 2018-01-04 · shire of augusta...

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