DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River

On 27 February 2018

ATTENDANCE Matt Slocomb, Angela Satre, Hillary Metcalfe, Chris McAtee, Chris Wenman,

Jared Drummond PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

19/02/2018 A11862 22 (Lot 2) Stewart Street, Margaret River

Dwelling

P218088

19/02/2018 A5611 28 (Lot 6) Claret Ash Court, Gracetown

Vegetation Removal

P218089

19/02/2018 A3353 42 (Lot 567) Turner Street, Augusta Holiday House (Renewal) P218090

19/02/2018 A12213 227 (Lot 11) Fifty One Road, Cowaramup

Section 40

P218091

20/02/2018 A3787 22 (Lot 41) Ryans Road, Margaret River

Ancillary Accommodation (Retrospective)

P218092

20/02/2018 A4760 29 (Unit 4,5,6) (Lot 42) Osborne Street, Gracetown

Chalets x 3

P218093

21/02/2018 A11340 Lot 350 Leeuwin Road, Augusta Fuel Depot P218094

20/02/2018 A10656 Lot 9501 Burnside Road, Burnside Subdivision P218095

20/02/2018 A11127 19 (Lot 483) Stewart Street, Margaret River

Subdivision

P218096

21/02/2018 A2948 91 Bussell Highway, Margaret River Section 40 P218097

23/02/2018 A5264 44 (Lot 105) Hermitage Drive, Margaret River

Holiday House (Large)

P218099

23/02/2018 A1290 7 (Lot 27) Osborne Street, Gracetown

Holiday House

P218100

23/02/2018 A11020 Surfers Point, Reserve 41545, Surfer's Point Road, Prevelly

Surfing Event on Shire Property - WA Junior Suring Titles - 10 & 11 March 2018

P218102

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

19/02/2018 A6486 Lot 79 Waverley Road Cowaramup Carport Extension 218071

19/02/2018 A10507 Lot 442 Pimelia Drive Margaret River Two Storey Dwelling with attached Garage and Carport

218073

20/02/2018 A8492 Lot 358 Wattle Place Margaret River 2 x Patio 218075

20/02/2018 A10548 Lot 722 Burke Circle Cowaramup Single Dwelling with attached Garage and Store Rm

218076

21/02/2018 A8489 Lot 361 Wattle Place Margaret River Alterations and Additions Store / Toilet and Patio

218077

21/02/2018 A3312 Lot 45 Osnaburg Street Augusta Freestanding Garage 218078

23/02/2018 A9262 Lot 98 Sanctuary Circle Cowaramup Single Dwelling with attached Garage

218080

23/02/2018 A582 Lot 28 Stirling Street Augusta Alterations and Additions - Games Room

218081

23/02/2018 A3929 Lot 51 Willmott Ave Margaret River Deck and Patio 218082

23/02/2018 A4996 Lot 117 Mann Street Margaret River Unauthorised Works - Bedroom, study, bathroom and kitchen

218083

SUBDIVISIONS DETERMINED

Date Rec’d

Officer DA No. Address Description of Matter Recommendation

LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

26/10/2017 JD Lot 302 Devon Drive, Margaret River

Building Envelope Variation Approved P217661

31/10/2017 MS 12 (Lot 309) Gardiner Road, Cowaramup

Intensive Agriculture Rural

produce Sales Dam

Extension and Outbuildings

x 2

Approved P217665

23/01/2018 CH 5 (Lot 242) Nickol Street, Margaret River

Section 40 Approved P218036

30/01/2018 LM 573 (Lot 1) Cowaramup Bay Road, Cowaramup

Dams (2 x Soaks) (level 1) Approved P218044

31/01/2018 JD 686 / 742 (Lot 2789) Davis Road, Rosa Glen

Agriculture Extensive (Farm

Building)

Approved P218048

LEVEL 2 APPLICATIONS for determination under delegation

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

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

Dams x 3 Conditional Approval

P217777

LOCAL LAW PERMITS

Date Rec’d Officer Address Proposal Outcome DA No.

OTHER APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

COMPLIANCE

Date Rec’d

Officer Address Proposal Outcome DA No.

ELECTED MEMBERS ATTENTION

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

CLOSURE OF MEETING

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

Proposed Dam (Soak) and Extension of two existing Dams (Soaks) at 5021

(Lot 41) Caves Road, Cowaramup

Major (Level 2) P217777; PTY/10520 REPORTING OFFICER : JD DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 32.3ha

Zone Priority Agriculture

Proposed Development The site is developed with two existing soak dams. An application has been lodged for expansion of the two existing soak dams and for a new soak in the centre of the site. The soak dams are proposed to supply water demand for a garden area, avocados, macadamia’s, bushfire protection and stock water for 100 sheep. The total storage volume of the three completed soak dams is estimated at 15,000kL.

Permissible Use Class “P” Permitted. Advertising was required as the original application showed a development setback of less than 20m from the northern boundary at the site of Soak Dam 1.

Heritage/Aboriginal Sites Nil

Encumbrance Nil

Date Received 12 December 2017

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

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

Name Concerns Raised Officer Comment

Adjoining property to the north and east

The following concerns were raised in relation to the proposed expansion of Soak Dam 1 (originally setback 5-10m to the north boundary):

1. The electrical pump house and water

supply to our site will be comprised; we will not have water to our property and chalets.

2. The overflow of Dam 1 has the potential to scour (erode) our only access road.

3. Soak Dam 1 occurs on a creek.

Concern that winter flows will stop and / or flooding will be caused elsewhere as a consequence of the dam construction.

1. Following its expansion, and once proposed Soak Dam 1 is full, water will bypass to the small soak on the access way to adjoining Lot 3 to the north and east. The soaks in the area are fed by groundwater, not summer surface flows. The superficial aquifer in the area will provide inflows to the soak dams from the shallow ground water. The right to take water from the aquifer is dealt with by the Department of Water and Environmental Regulation. A licence to take the water has been issued by the DWER to the proposal which secures the proponent’s rights to use the water up to a specified capacity.

2. The proposal was modified in response to the concern raised. The northern half of the existing soak is proposed to be filled in to increase the setback area to the northern boundary to 20m. The scouring of the gravel road to the chalets would only be possible if the current culvert system is inadequate which is not related to the proposed works.

3. Out flows from proposed Soak Dam

1 will be directed to the same waterway. Flows will be impacted

during construction and filling of the soak to the capacity permitted under the DWER licence.

Department of Water & Environmental Regulation

Approved Licence to Take Water under Section 5c of the Rights in Water & Irrigation Act 1914 and License to Construct or Alter Well under Section 26d (DWERVT220)

Noted.

Has the application been referred to internal departments?

☐ Yes √ No ☐ N/A

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

Development Standards (Schedule 9)

Are the development Standards applicable? √ Yes ☐ No

Officer Comment The initial proposal showed a setback of approximately 5-10 metres from the northern boundary to Soak Dam 1. Following consultation, the setback of Soak Dam 1 was proposed to be increased to 20 metres and now complies with the required 20-metre setback applicable in the Priority Agriculture zone. The table below illustrates the required and proposed setbacks relevant to the subject site.

Setbacks Front (Caves Rd)

Rear Side (north) Side (south)

Required

60m

20m

20m

20m

Proposed

150m

80m

20m

130m

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 – it is noted that a licence from the Department of Water & Environmental Regulation for the taking of water for the dam has been granted.

B. In the opinion of the officer:

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

N/A

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

The proposed soak dams are located in cleared pasture areas and do not require any clearing of native vegetation.

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?

The proposed soak dams are not anticipated to result in any adverse impacts to adjoining properties.

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

N/A

Other Comments

Any further comments in relation to the application?

Officer Comment

The proposal generated a requirement for advertising to the affected neighbour due to the setback variation. In response to the objection submitted the application was amended to increase the setback to 20m from the boundary. While concerns about impacts to water flows are noted, the taking of water is regulated by the DWER. In this case a licence to take the water for agricultural purposes has been granted. The objection is considered to have been addressed in the application such that conditional approval is recommended.

OFFICER RECOMMENDATION

That the Acting Statutory Planning Coordinator GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Dam (Soak) and expansion of two existing Dams (Soaks) at 5021 (Lot 41) Caves 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

and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 – P2 received at the Shire on 12 December 2017 and P3 received at the Shire 26 February 2018.

2. If the development, the subject of this approval, is not substantially commenced within two (2)

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

3. Earthworks or modifications are only permitted in the areas approved for development as shown

on the approved plans. (P) 4. A maximum of one new soak dam and expansion of two existing soak dams are permitted to be

constructed on the site. (P) 5. Following dam construction, residual earthworks and spoil shall not be left in the setback area

between boundaries or stockpiled on site. Residual spoil from dam construction shall be respread or reused on the subject site in such a way as to not cause an adverse visual impact or a nuisance to neighbours. (P)

6. Soak Dam 1 shall be modified to ensure that a minimum setback of 20m to the northern boundary is provided.

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 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.