Agenda - City of Fremantle · 2018. 7. 27. · Agenda - Planning Committee 1 August 2018 Page 1 CITY OF FREMANTLE Planning Committee Agenda 1. OFFICIAL OPENING, WELCOME AND ACKNOWLEDGEMENT

Agenda

Planning Committee

Wednesday, 1 August 2018, 6.00pm

CITY OF FREMANTLE

NOTICE OF A PLANNING COMMITTEE MEETING Elected Members A Planning Committee meeting of the City of Fremantle will be held on Wednesday, 1

August 2018 in the North Fremantle Community Hall, located at 2 Thompson Road,

North Fremantle commencing at 6.00 pm.

Paul Garbett Director Strategic Planning and Projects 27 July 2018

Table of Contents

Contents Page

1. Official opening, welcome and acknowledgement 1

2. Attendance, apologies and leaves of absence 1

3. Disclosures of interests 1

4. Responses to previous questions taken on notice 1

5. Public question time 1

6. Petitions 1

7. Deputations 1

8. Confirmation of minutes 2

9. Announcements by presiding member 2

10. Questions or personal explanations by members 2

11. Reports and recommendations 3

PC1808 -1 HOLDSWORTH STREET, NO. 38 (LOT 61), FREMANTLE - THREE (3) STOREY MIXED USE DEVELOPMENT - (CJ DA0120/18) 3

PC1808 -2 PAKENHAM STREET, NO. 3 (LOT 52), FREMANTLE - CHANGE OF USE TO TAVERN (BOUTIQUE GIN DISTILLERY) AND CONSERVATION WORKS TO EXISTING BUILDING (SM DA0171/18) 26

PC1808 -3 CHESTER STREET, NO. 1A (LOT 2 SP 71247), SOUTH FREMANTLE - TWO STOREY SINGLE HOUSE - (NB DA0158/18) 37

PC1808 -4 STEVENS STREET, NO. 9 (LOT 16), FREMANTLE - TWO STOREY SINGLE HOUSE - (CJ DA0204/18) 48

PC1808 -5 UPDATE ON METRO SOUTH-WEST JDAP DETERMINATIONS AND RELEVANT STATE ADMINISTRATIVE TRIBUNAL APPLICATIONS FOR REVIEW 58

PC1808 -6 SCHEDULE OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY 59

12. Motions of which previous notice has been given 60

13. Urgent business 60

14. Late items 60

15. Confidential business 60

16. Closure 60

Agenda Attachments 1

PC1808 -1 HOLDSWORTH STREET, NO. 38 (LOT 61), FREMANTLE - THREE (3) STOREY MIXED USE DEVELOPMENT - (CJ DA0120/18) 3

PC1808 -2 PAKENHAM STREET, NO. 3 (LOT 52), FREMANTLE - CHANGE OF USE TO TAVERN (BOUTIQUE GIN DISTILLERY) AND CONSERVATION WORKS TO EXISTING BUILDING 38

PC1808 -3 CHESTER STREET, NO. 1A (LOT 2 SP 71247), SOUTH FREMANTLE - TWO STOREY SINGLE HOUSE - (NB DA0158/18) 54

PC1808 -4 STEVENS STREET, NO. 9 (LOT 16), FREMANTLE - TWO STOREY SINGLE HOUSE - (CJ DA0204/18) 63

PC1808 -5 UPDATE ON METRO SOUTH-WEST JDAP DETERMINATIONS AND RELEVANT STATE ADMINISTRATIVE TRIBUNAL APPLICATIONS FOR REVIEW 70

PC1808 -6 SCHEDULE OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY 71

Agenda - Planning Committee 1 August 2018

Page 1

CITY OF FREMANTLE

Planning Committee

Agenda

1. OFFICIAL OPENING, WELCOME AND ACKNOWLEDGEMENT

We would like to acknowledge this land that we meet on today is the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Whadjuk people as the custodians of the greater Walyalup area and that their cultural and heritage beliefs are still important to the living Whadjuk people today.

2. ATTENDANCE, APOLOGIES AND LEAVES OF ABSENCE

There are no previously received apologies or approved leave of absence.

3. DISCLOSURES OF INTERESTS

Elected members must disclose any interests that may affect their decision-making. They may do this in a written notice given to the CEO; or at the meeting.

4. RESPONSES TO PREVIOUS QUESTIONS TAKEN ON NOTICE

There are no responses to public questions taken on notice at a previous meeting.

5. PUBLIC QUESTION TIME

Members of the public have the opportunity to ask a question or make a statement at council and committee meetings during public question time. Further guidance on public question time can be viewed here, or upon entering the meeting.

6. PETITIONS

Petitions to be presented to the committee.

Petitions may be tabled at the meeting with the agreement of the presiding member.

7. DEPUTATIONS

7.1 Special deputations

A special deputation may be made to the meeting in accordance with the City of Fremantle Meeting Procedures Policy 2018.

There are no special deputation requests.

7.2 Presentations


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Elected members and members of the public may make presentations to the meeting in accordance with the City of Fremantle Meeting Procedures Policy 2018.

8. CONFIRMATION OF MINUTES

Officer’s recommendation

That the minutes of the Planning Committee meeting dated 4 July 2018 be confirmed as a true and accurate record.

9. ANNOUNCEMENTS BY PRESIDING MEMBER

The presiding member may make announcements to the meeting

10. QUESTIONS OR PERSONAL EXPLANATIONS BY MEMBERS

Elected members may ask questions or make personal explanations on matters not included on the agenda.


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11. REPORTS AND RECOMMENDATIONS

Deferred items

Nil

Committee delegation

PC1808 -1 HOLDSWORTH STREET, NO. 38 (LOT 61), FREMANTLE - THREE (3) STOREY MIXED USE DEVELOPMENT - (CJ DA0120/18)

Meeting Date: 1 August 2018 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Attachments: 1: Development plans

2: Site photos 3: DAC Minutes 4: Schedule of submissions

SUMMARY

Approval is sought for a three (3) storey Mixed use development at No. 38 Holdsworth Street, Fremantle. The proposal includes three (3) Multiple dwellings and two (2) Office tenancies. The application is presented to Planning Committee (PC) due to submissions received that cannot be addressed through a condition of development approval. The application seeks discretion against the Local Planning Scheme No.4 (LPS4), Residential Design Codes (R-Codes) and local planning policies in respect to the following:

Density

External wall height

Bicycle racks

End of trip facilities

Land use

Car parking (delivery bay) The applicant has made substantial changes since the lodgement of the application by reducing the height and density of the development. The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for a three (3) storey Mixed use development at No. 38 Holdsworth Street, Fremantle. The site is currently vacant, and the proposed works include the following:

Shared access with No. 36 Holdsworth Street.

Two (2) Office tenancies.

Three (3) Multiple dwellings (2 x 84m2 and 1 x 133m2).


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Undercroft parking with twelve (12) car bays.

Primary street fence. The proposal was originally lodged as a four (4) storey Mixed use development containing three (3) multiple dwellings (3 x 147m2) and two office tenancies. The proposal also included a communal roof terrace. In response to the comments raised during the public consultation period and the City’s preliminary assessment of the original proposal the applicant submitted revised plans, which are the subject of this report. In summary, the changes made are as follows:

One (1) floor removed from the rear portion of the building.

Overall wall height reduced from a maximum of 14m to 8m (approx.).

Removal of the rooftop terrace.

Alteration to roof design resulting in a pitched roof as opposed to a flat roof.

Reduction of overall floor area of the apartments,but retaining an overall number of three (3) apartments.

Introduction of vehicle sightlines at the front of the property.

Addition of a visitor car bay to the basement.

The following diagrams demonstrate the key changes made by the applicant:

Figure 1: Holdsworth Street elevation (original proposal)


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Figure 2: Holdsworth Street elevation (revised proposal)

Figure 3: West elevation (original proposal)

Figure 4: West elevation (revised proposal)

The revised development plans are included as attachment 1. Site/application information Date received: 20 March 2018 Owner name: Thuijs Custodians Submitted by: Hubble Design Scheme: Mixed Use (R35)


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Heritage listing: Not listed Existing land use: Vacant Use class: Office and Multiple dwelling Use permissibility: P and A

CONSULTATION

External referrals Fremantle Port Authority The original proposal was referred to Fremantle Port Authority for review, who has responded with the following: The requirements of the City’s local planning policy LPP 2.3 Port Buffer Area Design Guidelines (LPP 2.3) for Area 2 are pertinent. It would be appreciated if these requirements could be included as conditions of approval. It was not considered necessary to refer the amended plans to the Fremantle Port Authority as their original advice is still applicable. The applicant has been reminded of the requirements of the policy and a condition of approval is recommended to ensure the built form requirements of the policy are implemented. Design Advisory Committee (DAC) The original proposal was referred to the City’s Design Advisory Committee (DAC) on 14 May 2018 in accordance with cl. 78B(6) of LPS4. In considering this application, the Council shall have regard to the advice provided by the DAC. The application was referred to the DAC on 14 May 2018. In regard to the original proposal the DAC provided the following recommendation:


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The Design Advisory Committee, having considered the proposal for 38 Holdsworth Street, Fremantle, supports the architectural approach to the design of a mixed use development, subject to the following being reviewed: 1. The design of the boundary walls for the communal roof garden level to reduce their

dominance that unnecessarily contributes to the scale and the bulk of the

development as viewed from the street.

2. The design of the primary street fencing to be more compatible with the architectural

language of the development.

3. The residential entry to the development and the depth of the private outdoor living

spaces to apartment sizes to enhance the amenity offered in this development for

future occupants.

A full copy of the DAC’s advice including a response to the CABE principles of LPP 1.9

Design Advisory Committee and Principles of Design is provided in Attachment 3.

It is considered that the revised plans appropriately respond to the DAC’s recommendation as follows:

The roof top terrace has been removed from the plans, and a pitched roof design proposed which reduces the height of the boundary walls significantly.

The fence design has been simplified, and now reflects materials used throughout the remainder of the development.

The residential entry has been altered and the depth of the balconies increased. Community The original application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as the application sought discretion against a number of items. As the application was classed as a significant application, it was advertised as follows:

Period of twenty eight (28) days.

Local newspaper notice.

Sign on site.

Notice to owners and occupiers within 100m radius of the site.

Notice on the City’s website.

Notification to precinct groups.

Community information session. The advertising period concluded on 11 June 2018, and 19 submissions were received. The following key issues were raised (summarised):

Building height – affecting views and streetscape

Design of development not appropriate for existing streetscape

Too great a density

Parking insufficient and traffic pressures on street A detailed schedule of the concerns raised in the submissions and an officer response is included as attachment 4.


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In response to the concerns raised in the submissions and the City’s preliminary assessment, the applicant submitted revised plans which reduced the height of the development to three storeys, removed the roof terrace and revised the roof form to a pitched roof. While the height and bulk of the development has been reduced, the overall number of dwellings and office spaces has been retained, albeit with a smaller floor area. In accordance with LPP 1.3 – Public Notification of Planning Proposals, the revised plans were not required to be re-advertised for public comment; however the City did provide an update to the submitters to advise them of the proposed changes. OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of LPS4, the R-Codes and relevant Council local planning policies. Where a proposal does not meet the Deemed-to-comply requirements of the R-Codes, an assessment is made against the relevant Design principles of the R-Codes. Not meeting the Deemed-to-comply requirements cannot be used as a reason for refusal. In this particular application the areas outlined below do not meet the Deemed-to-comply or policy provisions and need to be assessed under the Design principles:

Density

External wall height

Bicycle racks

End of trip facilities

Land use

Car parking (delivery bay) The above matters are discussed below. Background The subject site is located within the Fremantle Local Planning Area and the West End Conservation Area Heritage Area. The site is located on the northern side of Holdsworth Street, Fremantle and falls within the street block bound by High Street, Stirling Street and Parry Street. The property is currently vacant and is located within the Mixed Use zone under LPS4. Density

Element Requirement Provided Variation

Minimum site area per dwelling (R35)

260m2 168.6m2 91.4m2

While the proposal does not meet the site area requirements for the allocated R35 density, it is possible to increase the density of this site in accordance with Clause 4.2.5 of LPS4 which states: Notwithstanding the requirements of 4.2.3 residential density in the Local Centre, Neighbourhood Centre and Mixed Use zones may be increased up to R60, where residential development is part of a mixed use development, where, in the opinion of Council the proposal is not detrimental to the amenity of the area.


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In order to trigger the use of this clause, the application must meet the definition of Mixed Use Development under LPS4 which is defined as:


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A combination of one or more of the residential use classes specified in Table 1 – Zoning and any other land use or uses, and where the residential use class and any other one use class each comprise a minimum of 25 per cent of the gross lettable area of the development. The proposed office space occupies approximately 37% of the GLA of the development, with the remainder of the GLA proposed for Multiple dwellings, and therefore satisfies this requirement to trigger an assessment under cl. 4.2.5. As the R-Codes do not specify a minimum lot size for a development with a density of R60, plot ratio becomes the applicable measure to assess the maximum permitted residential floor areas. The table below demonstrates that the proposed complies with the deemed-to-comply plot ratio requirement of the R-Codes.


Plot ratio 0.7 (354.2m2) 0.68 (344m2) Complies

In determining whether Council should support the R60 density proposed by this development, it must be satisfied that the proposal is not detrimental to the amenity of the area. To assist in making this assessment, LPP2.21 R60 Development has recently been adopted. The objective of the policy is to guide decision making in determining the amenity impact as required to be assessed in clause 4.2.5. After confirming that the plot ratio does not exceed the maximum R60, the proposal must be assessed against the allocated R-Code under the Scheme, which in this instance is R35. When the proposal meets the deemed-to-comply requirements for this lower coding (with the exception of site area), clause 2 of the policy notes that the ‘amenity’ will be deemed acceptable. The following table provides an assessment against the relevant deemed-to-comply requirements for the proposal:

Element Required Proposed Variation

Street setback (LPP 2.9)

N/A- front building is commercial

Lot boundary setback (LPP 2.4)

Nil setback permitted where proposed to abut a property not used for residential purposes

Nil setbacks proposed where abutting properties not used for residential purposes

Complies

Open space 45% (227.7m2) 29% (148m2) 16% (79.7m2)

Street surveillance Clearly definable points of entry At least one major opening facing the street and vehicular approach to the

Gate and front door directly off Holdsworth Street All floors of Office overlook street

Complies Complies


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dwelling

Sight lines Walls, fences and other structures truncated or reduced to no higher than 0.75m within 1.5m of where walls, etc. adjoin vehicle access points

Truncation provided Complies

Outdoor living areas 10m² and 2.4m minimum dimension

22m2 gardens (U1 and U2) and 30m2 deck (U3) with minimum dimension of 3.9m

Complies

Landscaping Street setback area without car parking and maximum 50% hard surface Separate pedestrian paths Lighting to communal open space and parking Bin storage conveniently located and screened Trees greater than 3m in height retained in communal open space areas Clothes drying areas secure and screened

No parking and 45% hard surface Separate pedestrian paths No details provided Located in basement close to lift An existing tree on site will be removed Clothes dryers shown in laundry

Complies Complies Lighting required Complies Removal of tree Complies

Parking 3 bays (residents) 1 bay –(visitor)

4 bays (residents) 1 bay (visitor)

Complies Complies

Design of car parking spaces

Compliance with AS2890.1

Designed in accordance with AS2890.1

Complies

Vehicular access Provided from primary street Not narrower than 3m or greater than

Provided from primary street 3.4m

Complies Complies


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6m No closer than 0.5m from side lot boundary No closer than 6m to street corner Right angle to street alignment Avoid street trees Paved and drained Two way access

Straddles lot boundary Approx 90m from street corner Right angle to street alignment Avoids street trees Shown to be concrete Manoeuvring provided in basement

Nil from side lot boundary Complies Complies Complies Complies Complies

Solar access for adjoining sites

35% of site area (177m2)

44.7% (226m2) 9.7% (49m2)

External fixtures, utilities and facilities

Storage area (4m2, 1m min dimension) per dwelling

Three storerooms provided

Complies

Where the proposal does not meet the deemed-to-comply requirements for the base code (R35), the proposal will need to demonstrate compliance with the design principles of each of these elements. The elements requiring assessment are detailed below: Open space The open space provided on site is considered to meet the design principles of the R-Codes and is supported for the following reasons:

While the percentage on site appears low, usable areas such as balconies for the multiple dwellings are not included within this calculation. It is considered that the provision of private open space contributes to the provision of adequate outdoor space for residents

Much of the open space is concentrated at the front of the site in the street setback area. This ensures there is an area available for landscaping to provide an attractive setting for the building.

There are sufficient setbacks in the location of major openings to allow for natural sunlight to penetrate the dwellings.


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Landscaping While a mature tree is proposed to be removed from the site to accommodate the development, the proposed areas of landscaping are considered to positively contribute to the appearance and amenity of the development. The areas of landscaping are concentrated in the front setback area of the development and in central circulation spaces, as well as private outdoor living areas. To ensure that the proposed landscaping is installed and maintained on site it is recommended that a condition requiring a detailed landscaping plan be provided. . Vehicular access The narrow site means creating vehicle access is difficult. The developers have come to an agreement with the adjoining landowner to continue to share the existing vehicle access point. This means that the proposal then does not technically meet the deemed-to-comply driveway location requirement. However, it is considered that this assists in reducing the number of potential crossovers occupying the streetscape by sharing access between two sites. It has the added benefit of ensuring no on street bays need to be removed to accommodate access to the site. Solar access for adjoining sites The site to the south is currently occupied by a Shop; however the deemed-to-comply requirements of the R-Codes require that any lot on which any dwelling for which provision is made in the R-Codes may be constructed under the scheme be assessed.

It is considered that while the amount of shadow proposed is greater than the deemed-to-comply requirement, the proposal satisfies the design principles as it will not overshadow any outdoor living areas, north facing major openings to habitable rooms or roof mounted solar collectors. In addition to satisfying the lower coding’s design principles, the development must demonstrate compliance with clauses 3.1-3.6 of the policy which further elaborate on design elements which may impact on amenity.

Element Requirement Proposed Variation

Impact on streetscape

Consistent with the scale of development in the area

The development is proposed to be 7 to 8m in height, with a wall height of approximately 5m on the street elevation. This is considered to generally be consistent with the existing single to two storey developments in the area.

Complies

Consistent with the form and rhythm of development in the

The revised form, including the pitched roof, of the building

Complies


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streetscape is simple and includes similar setbacks to the existing built form of buildings in the existing streetscape.

Positive interface with the street, including activation of the ground floor frontage. Blank walls to the street will not be supported. Where development up to the street (i.e. nil or minimal setback) is proposed, weather protection for pedestrians should be included in the design

The proposal includes an open front setback area with two floors of full height windows from the commercial spaces overlooking the street.

Complies

Impact on heritage character and fabric

Conserves elements of heritage value where deemed appropriate following assessment of this in accordance with the City’s heritage requirements

There are no heritage features on the subject site, nor are there any in the immediate vicinity which are considered to be impacted by this proposal.

Complies

Impact on neighbour amenity in terms of bulk and scale, overshadowing, overlooking, noise and privacy

N/A - There are no neighbouring properties with existing residential developments.

Traffic and traffic safety

Traffic management and safety should comply with the City’s standards

The application has been reviewed by the City’s Infrastructure Department who have advised that there is no issue with the proposal.

Complies

Parking provision for residential dwellings shall be in accordance with the provisions of the R-

Visitor and residential parking complies.

Complies.


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Codes for the density of development sought, including visitor parking

Parking provision for non-residential uses shall be assessed on their merits against provisions of LPS4

Parking for the office satisfies the requirements of Table 2 of LPS4 with the exception of a Delivery bay, which is supported against discretionary criteria.

Complies.

Impact on existing trees

Substantial trees on site should be retained or replaced with suitable species providing similar or greater levels of canopy cover and greening

A substantial tree is to be removed as part of the development. Landscaping proposed, but no detail of species or expected canopy cover.

Landscaping details required as a condition of approval.

General quality of the built environment being created

Open space areas should be usable and accessible to all residents of the development, and incorporate landscaping to create amenable spaces

Areas of garden are noted as being ‘communal’ and shown to be landscaped.

Complies

A Deep Planting Zone is to be incorporated into the development at a minimum size of 12% of the development site area.

Nil provided. The basement covers the whole site resulting in no “water permeable” area as per the definition of DPZ.

Does not comply

Outdoor living areas cannot be reduced by more than half the deemed-to-comply requirement for the base code.

Outdoor living areas meet deemed-to-comply requirement.

Complies

Achievement of privacy requirements

Full rear elevation un-screened.

Complies


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through the full screening of balconies will not be supported: a minimum of 25% of the perimeter of each balcony must remain unscreened.

Fully internalised habitable rooms will not be supported.

Nil provided. Complies.

In reviewing the above criteria, the policy advises that the matters will be considered collectively to assist in forming an opinion on whether or not the proposal is detrimental to the amenity of the area. In reviewing the above design elements, with the exception of the deep planting zone, all elements have been achieved through the proposed design. Due to the basement occupying the entire site, a true deep planting zone is unable to be achieved; however the site is proposed to be occupied by a number of landscaped areas. It is considered that subject to a detailed landscaping plan being provided, the proposed landscaping areas are considered to assist in softening the external areas of the development and enhance the amenity of neighbouring properties, the streetscape and residents. Overall, the development is considered to have been amended to ensure it is of a suitable scale and design so as not to negatively impact on the amenity of the area, while still providing a small increase in residential density and commercial activity in a Mixed Use zone. Having regard to the above assessment it is considered that the proposal satisfies the requirements of cl. 4.2.5 of LPS and the proposed density is supported. An assessment against the remaining requirements of LPS4, the R-Codes and Council Policy is as follows: External wall height


External wall height 7.5m 7.9m (maximum) Part complies 400mm variation in part of development

Notwithstanding the maximum height detailed in the table above, the height of the development does vary over the development site. In the diagram below, the portions of wall above the 7.5m height are shown clouded in green –


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Figure 5: West elevation (building heights) To vary the maximum height required in schedule 8 of LPS4, clause 4.8.1.1 must be satisfied: Where sites contain or are adjacent to buildings that depict a height greater than that specified in the general or specific requirements in schedule 8, Council may vary the maximum height requirements subject to being satisfied in relation to all of the following:

(a) The variation would not be detrimental to the amenity of adjoining properties or the locality generally,

(b) Degree to which the proposed height of external walls effectively graduates the scale between buildings of varying heights within the locality,

(c) Conservation of the cultural heritage values of buildings on-site and adjoining, and (d) Any other relevant matter outlines in Council’s local planning policies.

Firstly, in order to trigger use of the clause, there must be a building that depicts a height greater than specified (i.e. 7.5m) adjacent to the subject site. In this instance, the existing building to the rear at No. 223 High Street, Fremantle is indicated to be 8m in building height and therefore the use of the clause is permissible. Part (a) requires assessment of the proposal against the amenity of the locality. As viewed from directly across the street, the development appears as a two storey development. From further east along Holdsworth Street, the development in its entirety will become visible; however the amendments to the plans have used a pitched roof to reduce wall heights. In addition to the views from higher street points, there will be minimal impact on residential developments in the locality, with only commercial developments adjoining the subject site. It is noted that there are residential properties directly across the street that will have a view directly to the development. The height at this section of the site is not considered to be significant and is in fact lower than the scheme requirement on this elevation. Part (b) requires that the proposed wall height should respond to the existing pattern of heights within the locality and graduate between these heights and the proposal. . The heights allocated in Schedule 8 have been determined as the desired built form. Clause 4.8.1.1 identifies that in some instances, due to existing built form, exceeding the height requirements may be of benefit to a locality. The term graduation is intended to ensure a transition of heights and to encourage a consistent pattern of development in an area. The proposed development at No. 38 Holdsworth Street is proposed to occupy a site that slopes significantly from front to back. It also proposes built form that gives the appearance of two buildings, with varying heights across the site. The plans the subject


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of this report have been amended to have some portions below the 7.5m maximum height, with only an element of the development, located internally and to the rear of the site, having a height of 7.9m. When viewed from the street, the proposed development appears as a two storey building, with a comparatively low external wall height. This has been achieved through the use of a pitched roof so that internal amenity is not compromised. The rear portion of the development begins to appear as a three (3) storey development; however the design has been revised to include a conservative wall height also. This has been achieved through the combination of the pitched roof design and sinking the car parking floor level. The highest portion of the development is towards the centre and rear of the site, and abuts the 8m high development to its rear. As the site slopes up toward Holdsworth Street, where there are more single storey and two storey developments, the wall height of the development reduces. In this regard the proposed height is considered to effectively graduate between the buildings of varying heights in the locality. Part (c) references the cultural heritage significance of the property and the locality. While the site is not on the heritage list, it is located within the West End Conservation Area heritage area. It is noted that there are a number of heritage properties in the vicinity of the development. The proposal is on a site that is adjoined on its northern, eastern and western sides by non-listed properties. Its streetscape presence is simple in its form and has been revised to be of a reasonable height on its street elevation. The proposal is considered to have a limited impact on the cultural heritage significance of the streetscape. Part (d) refers to other policies of Council, which are detailed throughout this report and against which the development is supported. In addition to the above, clause 4.8.1.2, also provides the ability for height to be varied by a maximum of 0.5m, on sites that slope by more than a metre. The caveat on this is that the highest portion of the development must be on the lowest side of the site. While some of the elements that are over the 7.5m maximum external wall height are on the lower side of the development, not all are. In conclusion, the revised proposal is considered to satisfy the requirements of cl. 4.8.1.1 and the proposed building height is supported. Bicycle racks

Element Required Provided Variation

Office Class 1 or 2: 1 per 200m2 gla (2 racks)

Nil 2 Class 1 or 2


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The applicant is proposing a number of bicycle racks in the basement level however they do not meet the Class 1 or 2 classifications:

Class 1 – High security level – fully enclosed individual locker

Class 2 – Medium security level – lockable compound fitted with class 3 facilities with communal access using duplicated keys.

To vary the bicycle rack requirement for the Office, clause 4.7.3.3 allows this in the instance of a minor change of use. As the development is for a large scale redevelopment of the site, it is not a minor change of use and these facilities should be provided. A condition of approval is recommended. End of trip facilities


Lockers 2 lockers Nil Two (2)

While end of trip facilities have been shown on the plans, lockers have not been clearly indicated. A condition of approval is recommended to ensure Office tenants have sufficient facilities. Construction sites A condition of approval is recommended to ensure construction activities are well thought out in accordance with LPP 1.10 and plans are discussed with the City’s Infrastructure department prior to commencing. Heritage The site is located within the West End Conservation Area Heritage Area. DGF14 Fremantle West End Conservation Area Policy relates largely to the adaptation and conservation of existing buildings, as well as how new builds should complement existing heritage fabric. The subject site is surrounded by contemporary structures, and is sufficiently separated to its side and rear to existing listed buildings. Existing heritage buildings opposite the site are not significantly impacted by the proposal, as it is simple two storey form as viewed from the street, with the area of greatest height concentrated to the centre and rear of site. Land use An Office is a ‘P’ use in the Mixed Use zone, meaning: That the use is permitted by the Scheme providing the use complies with the relevant development standards and requirements of the Scheme. A Multiple dwelling is an ‘A’ use in the Mixed use zone, meaning: That the use is not permitted unless the Council has exercised its discretion and has granted planning approval after giving special notice (advertising) in accordance with clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2.


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Objectives of the Mixed Use zone in LPS4 are as follows: Development within the mixed use zone shall -

(i) Provide for a mix of compatible land uses including light, services and cottage industry, wholesaling, trade and professional services, entertainment, recreation and retailing of goods and services in small scale premises, including showrooms, where the uses would not be detrimental to the viability of retail activity and other functions of the City Centre, Local Centre and Neighbourhood Centre zones.

(ii) Provide for residential at upper level, and also at ground level providing the residential component is designed to contribute positively to an active public domain.

(iii) Ensure future development within each of the mixed use zones is sympathetic with the desired future character of each area

(iv) Ensure that development is not detrimental to the amenity of adjoining owners or residential properties in the locality, and

(v) Conserve places of heritage significance the subject of or affected by the development.

The proposed development will be assessed having regard to the matters to be considered later in this report, but initially, the proposed land uses are considered to be appropriate for the site having regard to the objectives of the Mixed use zone for the following reasons:

The small office tenancies in combination with residential apartments are considered to be an appropriate mix of uses which increases the level of activity on site (as opposed to solely residential).

The surrounding area has a combination of residential, consulting rooms and offices and the proposed uses are unlikely to result in a significant disruption in their activities and will be compatible.

Residential is provided at the rear of the site, with the office tenancies occupying the front of the site to provide street level activation. The entry to the dwellings is secondary to the Office tenancy frontage.

The development does not share a lot boundary with any residential properties. It is considered that the residential properties across the road will not be adversely affected by the proposed Office use.

There are no buildings of heritage significance on site or adjoining the site that will be impacted by the proposed Office use.

Car parking


Delivery bay (Office) 1: 500m2 ( bay required)

Nil 1 bay

The lack of delivery bay for the Office tenancies is supported against cl 4.7.3.1 for the following reasons:

There is on street car parking available.

The office tenancies are unlikely to have a significant demand for deliveries that will disrupt the street on a regular basis.

There is sufficient car parking in the basement for the Office use and the Multiple dwellings.


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Vehicle driveway It is noted that the vehicle access for the site relies on access over an adjoining property (No. 36 Holdsworth Street). The owner of this site has authorised the lodgement of the application, and the applicant is aware that a formal arrangement will need to be put in place to protect access (i.e. a right of carriageway easement may be suitable). A condition of approval is recommended to ensure legal access is protected. Matters to be considered In assessing applications for development approval, local government must have due regard to a number of matters to be considered in addition to the detailed assessment against specific scheme and policy clauses. The following matters of clause 67 are considered relevant in this instance: (c) any approved State planning policy;

Assessment has been undertaken against SPP3.1 Residential Design Codes.

(g) any local planning policy for the Scheme area;

Assessment has been undertaken against DGF 14 West End Conservation Area policy, LPP 2.3 Fremantle Ports Buffer Area, LPP 2.4 Boundary walls in Residential Development and LPP 2.21 R60 Development under clause 4.2.5 of LPS4.

(l) the effect of the proposal on the cultural heritage significance of the area in which the development is located;

The site is located within a Heritage Area under LPS4. Assessment has been undertaken against DGF14 West End Conservation Area policy and the proposal is not considered to have a significant impact on the heritage significance of the streetscape.

(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

The proposal is considered to be compatible with its setting and has been assessed throughout the report using LPS4, local planning policies, the R-Codes and the advice of the DAC.

(n) the amenity of the locality including the following —

(ii) the character of the locality;

The proposal has been assessed against draft LPP 2.21 which specifically addresses the amenity impact of the proposal on the locality.

(p) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

Existing trees on site are being removed however the site includes a rear garden on top of the basement and landscaping at the front of the site.

(s) the adequacy of —

(i) the proposed means of access to and egress from the site; and (ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles.


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(t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

The parking arrangement is unusual; however no significant issues have been identified. The proposal is also supported by a Transport Impact Statement supplied by the applicant. A condition of approval is recommended to ensure the final car park layout in the building permit meets all relevant Australian standards and that car park is marked and signposted where necessary (i.e. marking of reversing bay).

(u) the availability and adequacy for the development of the following —

(i) public transport services; (ii) public utility services; (iii) storage, management and collection of waste; (iv) access for pedestrians and cyclists (including end of trip storage, toilet and shower

facilities); (vi) access by older people and people with disability;

The site is reasonably close to public transport routes on High Street and Hampton Road and existing public utility services, bin storage is provided in the basement with only three apartments unlikely to result in significant waste collection issues. There are some end of trip facilities for pedestrians and cyclists provided but it is considered that further facilities should be provided.

(y) any submissions received on the application;

Key issues raised in the submissions relate to planning issues considered and discussed throughout this report. The applicant has also had the opportunity to review the submissions received, and as a result has significantly amended the plans to reduce the bulk and scale of the development proposed.

STRATEGIC IMPLICATIONS Strategic Community Plan 2015-25

Increase the number of people living in Fremantle

Increase the number of people working in Fremantle

Increase in commercial and retail development within 800m of Fremantle train station

Increase the net lettable areas of office space

Provide for and seek to increase the number and diversity of residential dwellings in the City of Fremantle

Green Plan 2020 Encourage the retention of vegetation on private land.

1. Trees are proposed to be removed from site to enable the redevelopment. 2. The removal of vegetation is exempt from the need to obtain development

approval. FINANCIAL IMPLICATIONS

Nil


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LEGAL IMPLICATIONS

Nil CONCLUSION

The application lodged with the City has evolved substantially, with significant reductions in height and floor area made by the applicant in response to discussions with officers and in response to issues raised by submitters. While this site is allocated a density of R35 under LPS4, its proximity to the City Centre and Mixed Use zoning make it suitable for an increase to a density of R60 in accordance with cl. 4.2.5. The design of the development has had significant revisions and is now considered to be much more suitable for the location. The application is recommended for conditional planning approval. OFFICER'S RECOMMENDATION

The Planning committee acting under delegation 1.2: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, the three storey Mixed use development at No. 38 (Lot 61) Holdsworth Street, Fremantle, subject to the following conditions:

1. This approval relates only to the development as indicated on the approved plans dated 5 July 2018. It does not relate to any other development on this lot and must substantially commence within 4 years from the date of the decision letter.

2. All storm water discharge shall be contained and disposed of on site or

otherwise approved by the City of Fremantle.

3. The development, including the primary street fencing indicated on the approved plans, including any footings, shall be wholly located within the cadastral boundaries of the subject site.

4. Prior to the issue of a Building Permit, evidence of the creation of a vehicle

access easement, provided over the relevant portions of No. 36 and No. 38 Holdsworth Street, Fremantle, being submitted to the satisfaction of the City of Fremantle.

5. Prior to the issue of a Building Permit, two (2) Class 1 or Class 2 bicycle

racks shall be shown on the plans, to the satisfaction of the City of Fremantle. These racks shall be installed on site prior to occupation of the development.

6. Prior to the issue of a Building Permit, a detailed landscaping plan,

including information relating to species selection, reticulation, details of existing vegetation to be retained, and treatment of landscaped surfaces (i.e. mulch, lawn, synthetic grass etc), shall be submitted to and approved by the City of Fremantle. The plan should include provision for trees with similar


Page 24

canopy cover to those being removed. Prior to occupation, the approved landscaping shall be installed and thereafter maintained to the satisfaction of the City of Fremantle.

7. Prior to the issue of a Building Permit or Demolition Permit a Construction

Management Plan shall be submitted to the satisfaction of the City of Fremantle addressing the following matters: a) Use of City car parking bays for construction related activities; b) Protection of infrastructure and street trees within the road reserve; c) Security fencing around construction sites; d) Gantries; e) Access to site by construction vehicles; f) Contact details; g) Site offices; h) Noise - Construction work and deliveries; i) Sand drift and dust management; j) Waste management; k) Dewatering management plan; l) Traffic management; and m) Works affecting pedestrian areas.

8. Prior to the issue of a Building Permit, the design and materials of the development shall adhere to the built form requirements set out within clause 4.2 of City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2.

9. Prior to occupation of the development hereby approved, the car parking

and loading area(s), and vehicle access and circulation areas shown on the approved site plan, including the provision of disabled car parking, shall be constructed, drained, and line marked and provided in accordance with Clause 4.7.1(a) of the City of Fremantle Local Planning Scheme No.4, to the satisfaction of the City of Fremantle.

10. Prior to occupation of the development hereby approved, the boundary

walls located on the north, west and east boundaries shall be of a clean finish as per the approved plans and be thereafter maintained to the satisfaction of the City of Fremantle.

11. Where any of the preceding conditions has a time limitation for compliance,

if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation for compliance specified in that condition), continues whilst the approved development continues.

Advice note

i. This development approval does not relate to any works within the road reserve of Holdsworth Street.

ii. This approval relates to the subject site and does not authorise the

removal or modification of verge infrastructure and/or verge trees within


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the verge area. Written approval is to be obtained for removal or modification of verge infrastructure and/or verge trees within the verge area from the relevant City of Fremantle department or relevant service authority, before construction commences. Please refer to the City’s Tree Planting and Vehicle Crossings Policies (SG28 and MD0015) for further information.

iii. Local Planning Policy 1.10 Construction Sites can be found on the City’s

web site via http://www.fremantle.wa.gov.au/development/policies. A copy of the City’s Construction and Demolition Management Plan Proforma which needs to be submitted with building and demolition permits can be accessed via: https://www.fremantle.wa.gov.au/sites/default/files/Construction%20and%20Demolition%20Management%20Plan%20Proforma.pdf The Infrastructure Engineering department can be contacted via [email protected] or 9432 9999.

iv. Stormwater generated from the proposed development is to be retained onsite. The applicant shall consult with City’s Principal Engineer and obtain information and guidelines for the stormwater drainage design. Please contact the Infrastructure Engineering department via [email protected] or 9432 9999.

https://www.fremantle.wa.gov.au/sites/default/files/Construction%20and%20Demolition%20Management%20Plan%20Proforma.pdf

https://www.fremantle.wa.gov.au/sites/default/files/Construction%20and%20Demolition%20Management%20Plan%20Proforma.pdf

mailto:[email protected]

mailto:[email protected]


Page 26

PC1808 -2 PAKENHAM STREET, NO. 3 (LOT 52), FREMANTLE - CHANGE OF USE TO TAVERN (BOUTIQUE GIN DISTILLERY) AND CONSERVATION WORKS TO EXISTING BUILDING (SM DA0171/18)

Meeting Date: 1 August 2018 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Attachments: 1. Development Plans

2. Site Photos SUMMARY

Approval is sought for a change of use to Tavern (boutique craft distillery) and alterations including conservation works to an existing building at No. 3 Pakenham Street, Fremantle. The application is presented to Planning Committee due to concerns raised during the public consultation period which cannot be addressed through conditions of planning approval. Furthermore, the application seeks the following discretionary assessments against Local Planning Scheme No. 4 (LPS4):

Land Use

Vehicle Parking The application is recommended for approval subject to conditions. PROPOSAL

Detail Approval is sought for a change of use to Tavern on the subject site. The development involves the internal conversion of an existing warehouse building into a boutique gin distillery, to be known as Republic of Fremantle, as well as conservation works to the external façade of the building facing Pakenham Street. More specifically, the proposal entails the following:

The existing building will be internally converted to facilitate the manufacturing of gin product on-site for sale on the premises and exportation. In addition, the applicant will operate distillery tours and gin-making classes from the premises. The distillery component of the business will be undertaken at the rear of the site; however storage of the product will be off-site.

In addition, the venue is to include a hospitality component. The ground floor of the building is to be used for bar and seating areas as well as a kitchen, toilets, an office and bin storage. The existing upper floor level of the building is to be retained and expanded to form a mezzanine space, which will comprise of a bar and lounge function area.

The venue proposes a maximum patron capacity of 350 patrons, including 202 seated patrons (28 within the proposed parklet).

Hours of operation for the venue are proposed to be between 11.00am and 12.00 midnight Monday to Friday, and between 9.00am and 12.00 midnight Saturday and Sunday. Food will be available for customers to purchase during all trading hours until one hour prior to closing.


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The applicant has advised that two staff members will be required to operate the distillery component of the business, whereas between 20 and 25 staff will operate the Tavern at any one time.

The site currently has no on site car parking, and no parking spaces are proposed as part of this application. An on-site delivery bay is proposed, however, with direct access from Pakenham Street via a roller door.

Conservation and restoration works to the Pakenham Street façade of the building are proposed. This will bring the building closer to its original composition by stripping the existing paintwork and exposing the underlying tuck-point brickwork. The existing warehouse roof is to be modified to include new skylights to facilitate improved access to natural light and ventilation within the building.

The plans submitted also show a parklet within the road reserve, comprising of street furniture and vegetation. Whilst preliminary feedback has been provided by the City’s Infrastructure department, this aspect of the development is subject to a separate approval from the City and thus does not form part of the following assessment.

Site/application information Date received: 20 April 2018 Owner name: Andrew Roy Darbyshire and Barbara Bianca Molnar-

Darbyshire Submitted by: Fremantle Gin Co. Scheme: City Centre zone Heritage listing: State Heritage Registered (West End) and Level 2

individual listing Existing land use: Warehouse Use class: Tavern Use permissibility: A

CONSULTATION

External referrals State Heritage Office (SHO)


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The subject site is located within the West End Conservation area which is included on the State Heritage register. As such the application was referred to SHO for comment, with a response received on 30 May 2018 advising support for the proposal subject to the following condition relating to the proposed modification to the ground floor, central window facing Pakenham Street:

1. The front window is to be modified as follows: a. To be reconstructed as per physical evidence from demolition b. Nib to be retained to transom height c. Frame to extend to transom height of original window

The applicant has submitted revised plans to address the above. As the SHO has not provided comment on the revised plans, it is recommended that the above condition be included in any approval and is to be satisfied prior to the issue of a Building Permit. Fremantle Port Authority (FPA) As the site is located within Fremantle Port Authority ‘Referral Area 2’ the application was referred to the FPA for comment. A referral response was provided on 15 May 2018 requesting that a standard condition be applied to any development approval in accordance with the City’s Local Planning Policy 2.3: Port Buffer Area Development Guidelines. The applicant was made aware of the requirements of this condition, and has indicated that they will be able to satisfy the relevant provisions prior to the issue of a building permit. A condition of approval is included with the recommendation to this effect. Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as the use of ‘Tavern’ is listed as an ‘A’ use under Local Planning Scheme No. 4. In addition, the application is seeking further discretion due to lack of on-site vehicle parking. As part of the consultation process, a sign was displayed on the site for the duration of the advertising period, and individual letters were also sent to owners and occupiers of surrounding properties. The advertising period concluded on 30 May 2018, and four (4) submissions were received. The following issues were raised in the submissions received:

The Tavern is not an appropriate land use for the site.

Concern raised regarding fumes and other smells resulting from the distillery and associated tavern use and how these will be managed.

Concerns regarding potential noise emissions from the site during operating hours. The applicant has not demonstrated how noise from the site will be reduced/suppressed.

Concern regarding anti-social activity resulting from the consumption of alcohol, particularly in close proximity to the university.

Questions regarding how parking will be managed, as well as deliveries to and from the site.


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In response to the above concerns, the applicant submitted revised plans that included modifications to on-site provision of bicycle parking and end-of-trip facilities. The applicant also submitted the following additional information and comments:

Letters of support from three surrounding landowners.

Correspondence from the distillery equipment manufacturer which advised that the distillery does not emit fumes as the distillery process is a closed system where no vapour that is proposed during the process is allowed to escape (unlike a kettle system). It was also advised that the distillery will not undertake fermentation to develop the base spirit therefore no odours will be emitted.

An Acoustic Report detailing an assessment of the potential noise emissions from the premises and mitigation recommendations.

Written responses to the concerns raised in submissions received during public consultation.

Additional information and justification in regard to the waste and parking management plans for the business.

The above-mentioned matters are addressed in the following planning report under the relevant sections. OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of LPS4, and relevant Council local planning policies. This particular application seeks a discretionary assessment against the land use and vehicle parking provisions of Local planning Scheme No. 4. An assessment against each of these provisions is provided as follows. It is noted that the proposed alterations comply with the built form requirements of LPS4 and relevant Council Policies. All work is required to be contained within the boundaries of the subject site including the proposed window trellis and planter. A condition is recommended on any approval to require all works to be located within the property boundaries prior to the issue of a Building Permit. Background The subject site has an area of 559m2 and is located within the State Heritage registered West End Conservation Area, between Phillimore Street and High Street. The building has been used for a number of uses over its lifespan, originally a warehouse and most recently for a photography studio and café. The site is zoned City Centre under Local Planning Scheme No. 4. Heritage The subject site is located within the West End Conservation area which is included on the State Heritage register. As such the application was referred to SHO for comment as discussed above. The subject site is also individually listed as a Level 2 place on the City’s Heritage List. The building’s exterior comprises a two-level, circa-1920s art deco façade to Pakenham Street, and as such is considered to contribute to the heritage significance of Fremantle’s West End. Internally, the front portion of the building comprises of ground and upper floor office spaces. Some of these internal rooms have been altered over time, with additions


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having evidently taken place in the decades since the completion of the original building. Much of these previous additions are to be removed as part of this development proposal, bringing the interior of the building closer to its original state. The rear portion of the building’s interior comprises of an open warehouse space, this area will house much of the seating area for the Tavern as well as the distillery functions of the business. As discussed in the details section of this report, it is proposed to carry out conservation works to the front façade of the building including removing the existing paint and conserving the brickwork and tuck pointing and the replacement of aluminium window frames with steel frames. The proposal, including the proposed conservation works, is considered to positively contribute to the Pakenham Street streetscape and the significance of the West End. It is recommended that the conservation works be carried out in accordance with good conservation practice using traditional materials and techniques and based on evidence obtained from the removal of non-original elements of the façade. The applicant has confirmed their commitment to carry out the works in accordance with good conservation practice, and a condition is recommended requiring final details of the conservation works to be submitted and approved prior to a Building Permit be included in any approval. In addition to the above, the proposal has been assessed against the City’s West End Conservation Area local planning policy (DGF14), and is considered to address all of the relevant land use, building design, and conservation principles. Land Use The applicant is seeking to obtain a Tavern liquor licence for the proposed business, and as such has applied to the City for that land use as part of this development application. As explained, a Tavern use is listed as an ‘A’ use within the City Centre zone. This means that the use is not permitted unless Council has exercised its discretion in accordance with the matters to be considered in the Planning and Development (Local Planning Scheme) Regulations 2015 (Regulations) and has advertised the proposal accordingly. The objectives pertaining to the City Centre zone are considered to be most pertinent in considering the land use credentials of this proposal. The relevant criteria are as follows: Development within the city centre zone shall—

1. provide for a full range of shopping, office, administrative, social, recreation, entertainment and community services, consistent with the region-serving role of the centre and including residential uses, and

2. comply with the objectives of local planning area 1 of schedule 8, 3. conserve places of heritage significance the subject of or affected by

development. In regard to the above provisions, the following points are noted:

This area of the Fremantle West End, north of High Street, already comprises a diverse selection of land uses which typify the broader City Centre zone. Such examples include, but are not limited to, the short stay (Quest) apartments at No. 8


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Pakenham Street, the University of Notre Dame facilities at No. 7 Pakenham Street and No. 2 Henry Street, backpackers accommodation at No. 15 Pakenham Street as well as the Fremantle Navy Club and associated facilities at No. 64 High Street (corner of Pakenham Street).

Given the diversity of land uses currently prevalent within the immediate area, the addition of the proposed Tavern use within the subject site is considered to contribute to the desired variety of uses within the City Centre, as anticipated by the scheme objectives. Moreover, the operating hours of the business will further ensure activity and visitation to the City Centre, and further appreciation of the West End Conservation Area, after typical business hours. In this regard, it is also acknowledged that there are currently no other hospitality venues of a similar size within this particular section of the City Centre.

The dual-use nature of the proposal, comprising of both traditional hospitality functions as well as a fully-functioning gin distillery, is considered to add further diversity to the City Centre zone, particularly in comparison with a more traditional ‘Tavern’ style venue. This will ensure that the use is differentiated from other similar sized Tavern venues within the broader City Centre area. The applicant has advised that service of food will also be a key component of the business, ensuring that alcohol is not the prime and only purpose of the venue.

The proposal also includes conservation works and upgrades to the exterior street-facing façade of the building. This will involve stripping existing paint from the original brickwork, exposing the original ‘fabric’ of the building as it originally presented upon construction. A small modification is proposed to the ground floor central window; this involves lowering the sill height to create a larger opening to facilitate improved street activity and surveillance. As such, the proposal is considered to appropriately conserve and enhance the heritage significance of the place.

The development satisfies the relevant Scheme requirements contained within Schedule 8, and specifically Sub Area 1.3.1 of the City Centre Local Planning Area. This sub area contains a specific height limit of 11.0 metres, which this development satisfies (9.5 metres achieved to the top of proposed ‘skylight’ modification). Furthermore, the two storey form of the building is to be maintained.

Given the above points, the proposed change of use is considered to address the relevant objectives of the City Centre Zone, and the land use of Tavern is supported. A further assessment under LPS4 is required, however, in respect to car parking and associated facilities as follows. Car Parking Requirements for vehicle parking are contained within Cl. 4.7.2 of LPS4. This application has been assessed as per the requirements for a Hotel/Tavern land use, within which two separate calculations for car parking apply, based on the areas of lounge (seating) and public bar space. Requirements for delivery bays and bicycle racks also apply. Compliance with the relevant criteria for car parking is provided below.


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Car Parking


Car Parking 1 bay / 5sqm of seating area and 1 bay / 2.5sqm of public bar area 51 bays required based on 252sqm of proposed seating area and 23 bays based on 56sqm of bar area Total: 74 bays required

Nil on site bays proposed

74 bay shortfall

Delivery Bays 1 per service / storage area

1 existing delivery bay on site.

Complies

Bicycle Racks Class 1 and 3: 1 / 25sqm bar floor area and 1 / 100sqm lounge and beer garden Total: 6 Class 1 and 6 Class 3

10 class 3 Nil Class 1

6 Class 1

Council has the ability to relax the vehicle parking requirements in certain circumstances, in accordance with Clause 4.7.3.1 of LPS4. The variation to car parking is supported for the following reasons:

The vehicle parking requirements for 'Tavern' within LPS4 reflect a more historical type of venue that is not comparable with current hospitality trends, where smaller-scale 'boutique' venues that serve specialty food and drink are growing in popularity. This proposal, particularly given the distillery component of the business, bears little resemblance to the large-scale bar and live-entertainment venues that a 'Tavern' use has been more traditionally associated with in the past.

There is ample car parking available within the immediate locality, with numerous existing on-street and off-street public car parking facilities within, and adjacent to, the City Centre. In particular, a number of public car bays are available for use to the north of the site, along Phillimore Street and Peter Hughes Drive. The anticipated operating hours of the business will ensure less likelihood of a car parking user conflict, particularly as peak periods for the Tavern will most likely occur after standard business hours.

Alternative transport options are readily available within the vicinity of the site. The subject site is located within the 800 metre walkable catchment of Fremantle Train Station. Furthermore, numerous bus routes operate out of the train station precinct and surrounding streets (including the Fremantle CAT bus service). It is acknowledged that there is no formalised on site car parking at present, and given the building’s footprint and original use as a ‘warehouse’, there most likely has never been vehicle parking within the property (aside from provision for delivery vehicles).


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The variation to the Class 1 bicycle parking is supported for the following reasons:

The existing Heritage-listed warehouse building is to be conserved as part of this development proposal, and given the nature of the proposed land use (which includes a distillery/light-industry function), there is limited scope to provide fully enclosed bicycle lockers or other bicycle facilities on site.

The subject building covers the entire site, and by virtue of this, is already considered to be a relatively secure space in particular with the existing roller door. Space within the building has been allocated for staff amenities, including the provision of end of trip facilities (showers and lockers), which could also facilitate the storage of bicycles. As such, provision of fully enclosed Class 1 lockers is not considered to be imperative in this instance. There are also a number of public cycle racks available for the use of patrons, in particular those located along High Street to the south of the site and additional bike racks are also indicated in the proposed parklet.

Revised plans submitted 3 July 2018 showed the provision of wall mounted bike racks within the existing building to facilitate the required number of bike spaces. As mentioned, some of these racks have been shown affixed to the neighbouring building to the south and as such cannot be approved. Notwithstanding, it is still considered that there is scope for the applicant to provide the required number of freestanding bicycle racks within the site (6 in total). As such, a condition of approval is included with the recommendation to this effect. End of Trip Facilities


Showers 1 male and 1 female (or 2 unisex)

2 Complies

Lockers 6 Provided (but not identified)

6

In the revised plans submitted 3 July 2018, provision for two shower facilities was shown on the plans, as well as a space for staff lockers. The plans do not specifically show the number of individual lockers to be provided, however given that a minimum of six (6) bicycle racks are required, to be conditioned as part of the recommendation, it is considered prudent to condition that the same number of lockers be provided within the staff amenities area. Late Night Venues (DBU6) In accordance with the general provisions of Policy DBU6 (Late night entertainment venues serving alcohol), it is considered the local area is well serviced by public streets, public transport (Taxi rank, Bus and Train Station) to allow for safe transport to and from the site without significantly disrupting through traffic. The adjoining footpaths and streets are all well-lit to allow for adequate safety for patrons late at night. The subject site is also in close proximity to civic, retail and other hospitality uses and has been designed to minimise any potential impacts on the amenity of future occupants and reduces the potential for conflict between uses.


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Noise An acoustic report, prepared by consultants Gabriels Hearne Farrell was submitted with the application. The report concludes that the proposed development, including noise emissions from the premises can comply with Environmental Protection (Noise) Regulations 1997. The report recommends a number of noise control strategies including specific physical construction measures including a minimum thickness of glass openings and the installation other noise absorbing materials and management requirements including the closing of operable openings and restrictions to the provision of music and entertainment. It is recommended that a condition of approval requiring details of the attenuation measures required to comply with the Noise Regulations be submitted for approval with these recommendations being implemented during construction and subsequent management of the development. STRATEGIC IMPLICATIONS Strategic Community Plan 2015-25

Increase the number of people working in Fremantle

Increase the number of visitors to Fremantle

Increase in commercial and retail development within 800m of Fremantle train station

Alcohol Management (SG50)

The immediate City Centre area includes an appropriate mix of non-residential land uses, including existing Restaurants and future Retail and Office tenancies.

Potential impacts of the proposed Tavern can be appropriately managed. FINANCIAL IMPLICATIONS

Nil LEGAL IMPLICATIONS

Nil OFFICER'S RECOMMENDATION

The Planning committee acting under delegation 1.2: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, the change of use to Tavern (boutique gin distillery) and conservation works at No. 3 (Lot 52) Pakenham Street, Fremantle, as detailed on plans dated 3 July 2018, subject to the following conditions: 1. This approval relates only to the development as indicated on the approved

plans, dated 3 July 2018. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.


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2. The approved works are to be wholly contained within the boundaries of the subject site, including the trellis and planter box addition to the Pakenham Street façade.

3. Prior to the issue of a Building Permit, revised plans detailing the following design modifications, based on physical evidence obtained during demolition, to the front, central window on the ground floor:

A nib is to be retained to transom height; and

The frame is to extend to the transom height of original window. are to be submitted and approved to the satisfaction of the City of Fremantle, on the advice of the State Heritage Office.

4. Prior to the issue of a Building Permit, final details of the Pakenham Street

elevation including the proposed conservation works, final materials and finishes and the proposed methodology of carrying out these works is to be submitted and approved to the satisfaction of the City of Fremantle, on the advice of the State Heritage Office. The proposed works are to be based on evidence obtained during the removal of the non-original material.

5. The works hereby approved shall be undertaken in a manner which does not

irreparably damage any original or significant fabric of the building. Should the works subsequently be removed, any damage shall be rectified to the satisfaction of City of Fremantle

6. The premises is to comply with the recommendations (noise control strategies

and management) contained in the Environmental Noise Report, prepared by Gabriels Hearne Farrell (Ref: 18047) dated 26 June 2018. Details of the implementation of the attention measures are to be submitted and approved prior to the issue of a Building Permit and thereafter implemented (where applicable) to the satisfaction of the City of Fremantle.

7. This development approval does not relate to any works within the road reserve

of Pakenham Street, including the proposed ‘Parklet’ as shown on the approved plans.



9. Any signage not shown on the approved plans shall be the subject of a separate planning application.

10. Prior to issue of a building permit of the development hereby approved, the

owner is to submit a waste management plan for approval detailing the storage and management of the waste generated by the development to be implemented and maintained for the life of the development to the satisfaction of the City of Fremantle.

11. Prior to the issue of a Building Permit, a minimum of six (6) Class 3 bicycle

racks shall be provided within the subject site, and not affixed to any adjoining building walls, to the satisfaction of the City of Fremantle.


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12. Prior to the issue of a Building Permit, a minimum of six (6) lockers for the use of staff of the business shall be provided, to the satisfaction of the City of Fremantle.

13. Prior to the issue of a Building Permit, the design and materials of the

development shall adhere to the requirements set out within City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2. Specifically, the development shall provide the following:

Glazing to windows and other openings shall be laminated safety glass of minimum thickness of 6mm or “double glazed” utilising laminated or toughened safety glass of a minimum thickness of 3mm.

Air conditioners shall provide internal centrally located ‘shut down’ points and associated procedures for emergency use.

Roof insulation in accordance with the requirements of the Building Codes of Australia.

Advice Notes:

i. A Building permit is required for the proposed Building Works. A certified BA1 application form must be submitted and a Certificate of Design Compliance (issued by a Registered Building Surveyor Contractor in the private sector) must be submitted with the BA1.

ii. With regard to condition 13, LPP2.3 recognises that it may not be possible

to achieve compliance with these requirements in cases where an application involves the adaptive reuse of a heritage listed building. The requirement may be waived on the submission of evidence that compliance would be detrimental to the heritage significance of the building.

iii. Whereby the Applicant seeks to dispose of storm water off-site, the

Applicant is advised to contact the City of Fremantle’s Infrastructure and Project Delivery department for further advice on a suitable drainage solution, whether by maintaining the current/existing connection or through surface flow into the drainage system.


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PC1808 -3 CHESTER STREET, NO. 1A (LOT 2 SP 71247), SOUTH FREMANTLE - TWO STOREY SINGLE HOUSE - (NB DA0158/18)

Meeting Date: 1 August 2018 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Attachments: 1: Amended Development Plans

2: Site Photos SUMMARY

Approval is sought for a two storey Single house on a vacant lot. The application is presented to Planning Committee (PC) due to submissions received that cannot be addressed through a condition of development approval. The application seeks discretion against the Local Planning Scheme No. 4 (LPS4), local planning policies, and the Residential Design Codes (R-Codes) in respect to the following:

front setback (lower and upper floor)

lot boundary setbacks

overshadowing

visual privacy

car parking The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for a two storey Single house consisting of:

ground floor:

garage

living/dining/kitchen

laundry

outdoor living area covered by a pergola

upper floor:

three bedrooms

theatre room

two bathrooms Site/application information Date received: 13 April 2018 Owner name: Adrian Rains and Stefanie Conod Submitted by: Adrian Rains and Stefanie Conod Scheme: Residential ‘R30’ Heritage listing: South Fremantle Heritage Area Existing land use: Vacant lot Use class: Single House Use permissibility: P


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CONSULTATION

External referrals Nil required. Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as discretion was sought against the R-Codes and local planning policies. The advertising period concluded on 14 May 2018, and three (3) submissions were received. The following issues were raised:

An independent retaining wall is needed for the north-western corner for the raised ground level.

The parking shortfall is likely to result in a car being parked on the street.

The front setback does not transition well between the corner lot and the rest of the Chester Street streetscape.

Most of the backyard was placed in shadow with the development of the rear lot. The current proposal threatens to put the house and most of the front yard (including the garden) in shadow.

The reduced upper floor setback contributes to the detrimental shadow impact. The front setback is not consistent with the streetscape and we would suggest that the upper floor be set back in line with the southern house (approximately 6 m), which would also take the front yard out of shadow.


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The proposed two storey western boundary wall sits approximately 3 m forward of the existing single storey parapet wall on 21B Lefroy. This totally closes off the opening of the first floor terrace (primary outdoor living area) of 21B towards the east. We request a minimum 1 m setback for the upper floor from the western boundary. This setback would introduce a ventilation corridor as well as a sense of space as well as diminish the perception of building bulk as viewed from 21B.

We have no objection to the ground floor being built to the (western) boundary.

The floor levels do not appear to be at the midpoint of the natural ground levels.

The proposal doesn’t have enough open space.

The façade is inconsistent with the other houses within the street.

We would like the roof reduced to the compliant 7 m.

The final four points above are considered to be fully compliant for the following reasons:

The floor level of the main house is consistent with the ground level at the middle of the lot (FFL of 10.95 verses ground level of 11) and the house steps up towards the street as the natural ground level rises.

The open space is compliant with the R-Codes (45% required, 47.1% provided).

There are no façade design requirements for this lot.

LPS4 permits a height limit of two storeys but does not specify a specific limit in meters. The height is compliant with the two storey requirement.

Amended plans were submitted on 14 June 2018 and 13 July 2018 with the following changes:

increased first floor street setback to 5m

southern first floor setback reduced to 2m

lowered height of roof at southern boundary

significantly reduced the length of the first-floor balcony

introduced perforated bricks on the first-floor west elevation

introduced a first-floor window to the street

increased the width of the garage to accommodate 2 cars

eastern boundary screen wall removed

upper floor bed 3 set back further from the eastern boundary and privacy screen added

retaining wall shown to northern and western boundaries

consequential internal reconfiguration. The amended plans were referred back to the submitters for further comment. The adjoining western neighbour supported the changes but would like to see the boundary wall not forward of the existing house (proposed setback of 2.3m from the 21A Lefroy Rd boundary versus the existing house setback of 2.58m). The remaining comments were not substantially different from those originally submitted. The above comments are addressed below.


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OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of LPS4, the R-Codes and relevant Council local planning policies. Where a proposal does not meet the Deemed-to-comply requirements of the R-Codes, an assessment is made against the relevant Design principles of the R-Codes. Not meeting the Deemed-to-comply requirements cannot be used as a reason for refusal. In this particular application the areas outlined below do not meet the Deemed-to-comply or policy provisions and need to be assessed under the Design principles:

front setback (lower and upper floor)

lot boundary setbacks

overshadowing

visual privacy

car parking. The above matters are discussed below. Background The site is located on the western side of Chester Street between Lefroy Road and Jenkin Street. The lot is zoned Residential ‘R30’ under the LPS4, is not individually heritage listed but is located within the South Fremantle Heritage Area. The site is currently vacant and the natural ground level slopes approximately two metres from south-east (front corner) to north-west (rear corner). A single storey parapet wall exists on the rear (western) boundary, and another single storey parapet wall exists on a portion of the southern boundary (see Photo 1 below).

Photo 1: Parapet walls surrounding the site.


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The application also proposes a new crossover and removal of the existing street tree. The City’s Infrastructure and Project Delivery Directorate has advised that the existing street tree was not planted by the City, is not in keeping with the City’s verge tree selection, and is inappropriate for the verge area due to its potential size. Removal of the tree and any associated requirements/fees will be handled through a separate verge works application. Front setback Ground Floor

Address Setback Required Setback Provided

Variation

23 Lefroy (corner lot)

7 m

Nil setback 1.5m (secondary street)

1A Chester St (proposed)

2.5 m 4.5 m

1 Chester St 7.4 m Complies

3 Chester St 4.7 m 2.3 m

3A Chester St 5 m 2 m

Clause 1.2 (v) of LPP 2.9 states: “where the proposed development is on a lot directly adjoining a corner lot, Council will consider a reduced setback that considers the setback of the corner lot in addition to buildings in the prevailing streetscape.” The proposed setback of 2.5 m is supported for the following reasons:

The prevailing streetscape is inconsistent, with the house immediately adjacent to the south, set back greater than the minimum required and the remaining two houses set closer to the street.

The northern adjoining corner lot house has a nil setback with a length of solid wall abutting the Chester Street boundary.

Given the above two factors, the proposed setback of the subject house is considered to be compatible with the existing pattern of setbacks and provides a graduation of the street setback within the prevailing streetscape.

Upper Floor

Address Setback Required Setback Provided

Variation

23 Lefroy (corner lot)

10 m

No upper No upper

1A Chester St (proposed)

5 m 5 m

1 Chester St No upper No upper

3 Chester St No upper No upper

3A Chester St 5 m 5 m

Clause 1.2 (i) of LPP 2.9 allows primary street setback variations where “the proposed setback of the building is consistent with the setback of buildings of comparable height within the prevailing streetscape.”


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Of the four other houses within the prevailing streetscape, only one has an upper floor and can be considered to be “of comparable height” with the proposed house. The proposed upper floor of the subject site is set back to be in line with the existing upper floor of 3A Chester Street and can therefore be considered consistent with the setback of buildings of comparable height within the prevailing streetscape. Overshadowing

Element Provided Maximum Permitted

Variation

Existing (from 21B Lefroy Rd)

26.6% (94.9 m2)

14% Total (49.98 m2)

12.6% (44.92 m2)

Proposed from subject site

27.6% (98.6 m2)

21% (75 m2)

6.6% (23.6m2)

TOTAL 54.2% (193.5 m2)

35% (125 m2)

19.2% (68.5m2)

Clause 5.4.2 C2.2 of the R-Codes requires that where two or more lots share a boundary to the same southern lot, the permitted overshadowing is to be calculated at a proportionate percentage of the affected property’s boundary that they abut. This reduction applies to the subject site and 21B Lefroy Road, as they both share an uneven proportion of southern boundary with 1 Chester Street. In other words, both lots overshadow 1 Chester Street, which has a 30 m lot boundary length in total. The subject site has an 18 m long boundary (comprising 60% of the total 30 m), and 21B Lefroy Road has a 12 m long boundary (comprising 40% of the total 30 m). Therefore, the subject site is permitted to overshadow 21% of the adjoining southern site (i.e. 60% of the permitted 35% total) and 21B Lefroy Road is permitted to overshadow the remaining 14%. As shown in the table above, overshadowing from the proposed development exceeds the permitted proportional amount by 6.6%, or 23.6 m2. The Design principles of Clause 5.4.2 of the R-Codes permits variations to the overshadowing where such overshadowing allows: “P2.1 Effective solar access for the proposed development and protection of the solar access. P2.2 Development designed to protect solar access for neighbouring properties taking account the potential to overshadow existing:

o outdoor living areas;

o north facing major openings to habitable rooms, within 15 degrees of north

in each direction; or

o roof mounted solar collectors.”

The additional 6.6% of overshadowing from the subject site falls on the driveway, front yard, and the roof and northern wall of 1 Chester Street. The northern elevation of 1 Chester Street contains no openings and features a blank roof (see Photo 2).


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Photo 2: Southern boundary

None of the shadow from the subject site falls on major openings or primary outdoor living areas. The adjoining house does not currently have solar collectors on the roof, and the R-Codes do not have provisions for protection of possible future solar panels. As such, the development is considered to satisfy P2.2 above. It is acknowledged that the total combined overshadowing of 1A Chester Street and 21B Lefroy Road covers 54.2% of the southern lot. However, 21B Lefroy Road overshadows 26.6% of the southern lot by itself. Furthermore, this overshadowing is directed entirely to the rear of the southern lot, which comprises the main outdoor living area. Ideally, outdoor living areas should be protected from excessive overshadowing. Overshadowing from the subject site will not impact the existing overshadowing to the outdoor living areas caused by the house at 21B Lefroy Road. Lot boundary setbacks

Element Setback Required Setback Provided

Variation

South (ground) Garage

1 m Nil 1 m

West (upper) Home Theatre/Bed

3 1.3 m

1m / Nil 0.3 m / 1.3 m

The lot boundary setback variation to the south is supported for the following reasons:

Half of the length of the garage wall is located against an existing parapet wall of similar dimension and does not present a variation.

The remainder of the garage wall abuts the driveway of the adjoining southern lot and will have minimal impact on outdoor living areas or major openings. The lot boundary setback variation to the west is supported for the following reasons:

The nil boundary portion of wall abuts a blank roof of the adjoining eastern house and will have minimal impact on access to direct sun and ventilation to major openings or living areas.


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The upper floor portion has been set back 1m where it abuts the adjoining western neighbour’s terrace, which constitutes their primary outdoor living area. This setback provides a reduction in building bulk and allows more direct sunlight and ventilation to the adjoining terrace.

A privacy screen adjoining the Bed 3 window ensures there are no visual privacy variations to the adjoining lot.

The minor (0.3 m) variation will have minimal impact on the amenity of the adjoining western lot.

Visual Privacy

Element Setback Required Setback Provided

Variation

Bed 3 (north-west) 4.5 m 2 2.5 m

Balcony (north) 7.5 m 3.6 m 3.9 m

The visual privacy variations are supported for the following reasons:

The overlooking from Bed 3 is oblique and towards the blank wall and roof of the north-western adjoining house.

The louvered pergola will block the majority of overlooking from the balcony to the rear of the northern adjoining dwelling and direct views mainly above the roofline as demonstrated in Figure 1 below.

Figure 1: Proposed balcony screening via the pergola.

The rear portion of the northern adjoining dwelling affected by overlooking from the balcony is primarily used for vehicle parking and not as an outdoor living area.

Car Parking


Single house 2 bays 1 bay 1 bay

It is noted that the application shows a two car garage, however the internal dimensions are 200mm less than that required by Australian Standards AS2890.1 and therefore the City has assessed the garage as being capable of parking only a single vehicle. The car parking variation is supported for the following reasons:

The development is approximately 200 m from a bus stop serving seven different bus routes.


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The development is approximately 260 m from the South Terrace Mixed use area, which contains a number of different shops and cafes. Easy accessibility to commercial and retail opportunities reduces the need for the use of vehicles.

Verges along the street are wide and are frequently used for parking, based on a desktop review of the area. Ample verge and street parking is available to accommodate the vehicle shortfall.

The applicant contends that the garage is suitable for use by the two smaller cars that they use.

Conclusion The proposed house includes a number of variations due to the relative small size of the lot, and the bulk, scale and location of adjoining buildings. The amended plans sufficiently address the Design principles of the R-Codes and have taken into account a number of comments raised by adjoining owners. The amended plans are therefore conditionally supported. STRATEGIC IMPLICATIONS Strategic Community Plan 2015-25

Increase the number of people living in Fremantle

Provide for and seek to increase the number and diversity of residential dwellings in the City of Fremantle

FINANCIAL IMPLICATIONS


Nil OFFICER'S RECOMMENDATION

The Planning committee acting under delegation 1.2: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, the two storey Single house at No. 1A (Lot 2 SP 71247) Chester Street, South Fremantle, subject to the following condition(s):

1. This approval relates only to the development as indicated on the approved plans dated 13 July 2018. It does not relate to any other development on this lot and must substantially commence within 4 years from the date of the decision letter.



3. The approved development shall be wholly located within the cadastral boundaries of No. 1A (Lot 2 SP 71247) Chester Street, Fremantle including any footing details of the development.


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4. Prior to the issue of a building permit, a detailed drawing showing how the balcony located on the north elevation and the privacy screen adjacent to the Bed 3 window, is to be screened in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes by either:

a) fixed obscured or fixed translucent glass to a height of 1.60 metres above internal floor level, or

b) with fixed vertical screening, with openings not wider than 5cm and with a maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the internal floor level, or

c) a minimum sill height of 1.60 metres as determined from the internal floor level, or

d) high fascia or structure as shown on the approved plans. 5. Prior to occupation, the approved screening method shall be installed and

maintained to the satisfaction of the City of Fremantle.

6. Prior to occupation of the development hereby approved, the boundary wall located on the western elevation shall be of a clean finish in any of the following materials:

coloured sand render,

face brick,

painted surface,

and be thereafter maintained to the satisfaction of the City of Fremantle.

7. Prior to the occupation of the development hereby approved, any redundant crossovers and kerbs shall be removed and the verge reinstated at the expense of the applicant and to the satisfaction of the City of Fremantle.

8. Prior to the occupation of the development hereby approved, vehicle

crossovers shall be constructed in either paving block, concrete, or bitumen and thereafter maintained to the satisfaction of the City of Fremantle.

9. Where any of the preceding conditions has a time limitation for compliance,

if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation for compliance specified in that condition), continues whilst the approved development continues.

ADVICE NOTE:

i. This development approval does not relate to any works within the road reserve of Chester Street. A separate application is required for any verge works including crossovers and street tree removals.

ii. The new crossover(s) is subject to an application for a crossover. The

crossover shall comply with the City’s standard for standard crossovers, which are available on the City of Fremantle’s web site.


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iii. The City strongly encourages deep planting zones that should be uncovered, contain a retained or planted tree to Council’s specification, have a minimum dimension of 3.0m and at least 50% is to be provided on the rear 50% of the site.


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PC1808 -4 STEVENS STREET, NO. 9 (LOT 16), FREMANTLE - TWO STOREY SINGLE HOUSE - (CJ DA0204/18)

Meeting Date: 1 August 2018 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Attachments: 1: Development plans

2: Site photos SUMMARY

Approval is sought for a two storey Single house at No. 9 Stevens Street, Fremantle. The application is referred to the Planning Committee (PC) due to submissions received raising relevant planning concerns which cannot be addressed via the imposition of conditions. The application seeks discretion against the following elements of local planning policies and the Residential Design Codes (R-Codes):

Primary street setback

Primary street setback (carport)

Lot boundary setback

Open space

Fencing

Open space

Vehicle sightlines

Retaining walls and site works

Visual privacy The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for a two storey Single house at No. 9 Stevens Street, Fremantle. Development plans are included as Attachment 1. Site/application information Date received: 9 May 2018 Owner name: Lawrence Fletcher Submitted by: Oswald Homes Scheme: Residential R30 Heritage listing: Not listed Existing land use: Single house Use class: Single house Use permissibility: P


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CONSULTATION

External referrals Nil required. Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising period concluded on 29 May 2018, and two (2) submissions were received. The following issues were raised:

There are full height windows on the west elevation that will overlook my property with limited setback

The top storey (master loft) has full height windows on south elevation that will look into the rear of my property

I would need more details on proposed levels and retaining walls proposed on west boundary.

The plans are a little obscure in areas and it is difficult to fully determine what is proposed with any accuracy.

There are two sections of parapet wall shown along the eastern boundary. Both will obstruct light and ventilation, the worst being the southern end which is significantly higher.

Plans show airconditioning units in open space on the mid-eastern side. Suitable accoustic insulation should be required.

The following comments are provided by Officers in relation to the above:

There are a number of full height windows on the western elevation on the ground floor. All of these windows either have a floor level of less than 500mm or are for non-habitable rooms and therefore are not subject to the visual privacy requirements of the R-Codes.


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Overlooking from the southern elevation is discussed in the report below.

The plans include a survey plan, site plan and elevations that demonstrate the proposed retaining.

All relevant dimensions and heights are shown on the plans.

Boundary walls are assessed in the report below.

Noise from air conditioners is dealt with via the Environmental Protection Act 1997.

OFFICER COMMENT Statutory and policy assessment The proposal has been assessed against the relevant provisions of Local Planning Scheme No. 4 (LPS4), the R-Codes and relevant Council local planning policies. Where a proposal does not meet the Deemed-to-comply requirements of the R-Codes, an assessment is made against the relevant Design principles of the R-Codes. Not meeting the Deemed-to-comply requirements cannot be used as a reason for refusal. In this particular application the areas outlined below do not meet the Deemed-to-comply or policy provisions and need to be assessed under the Design principles:

Primary street setback

Primary street setback (carport)

Lot boundary setback

Open space

Fencing

Vehicle sightlines

Retaining walls and site works

Visual privacy The above matters are discussed below. Background The site is located in the street block bound by Stevens Street to the north, Attfield Street to the east, Wray Avenue to the south and Brennan Street to the west. The site has a land area of 486m2 and is zoned Residential. A review of the property file for the site has not revealed any previous planning history likely to impact this particular proposal. Primary street setback


Upper floor 10m 8.8m 1.2m

The proposed setback of the upper floor is seeking a minor discretion against the requirements of LPP 2.9. While the alfresco area is not required to adhere to the prescribed street setback, the portion of wall for the stair is the element protruding into the 10m setback area as illustrated in Figure 1 below.


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Figure 1: Upper floor prescribed street setback

As detailed in Figure 1 above, the remainder of the building is setback much further than the prescribed setback. In accordance with the requirements of LPP 2.9, the upper floor setback is able to be varied through clause 1.2i. – The proposed setback of the building is consistent with the setback of buildings of comparable height within the prevailing streetscape. The upper floor setbacks of comparable buildings within the prevailing streetscape, as defined by the policy, are as follows:

No. 3 Stevens – 6.7m

No. 11 Stevens – 12m

No. 11a Stevens – 10.3m

No.11b Stevens – 6.2m It is considered that a setback of 8.8m provides an appropriate balance and transition between the properties within the streetscape. Additionally, it is considered that the proposal meets the design principles of the R-Codes as follows:

The setback of the dwelling has been assessed to be appropriate for the existing streetscape as per LPP 2.9.

The front setback has sufficient open space, with a large open courtyard and unenclosed Carport.

There is sufficient space for parking, with another area at the rear available.

The building is articulated, with much of the building at the front occupied by open balcony and alfresco spaces.

The lower and upper floors have windows that assist in providing passive surveillance, and create interest on the façade with minimal blank walls or infrastructure meters shown.

Primary street setback – Carport


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Carport Behind or in line with front wall of house

In front of house Carport located in front of house

In accordance with clause 2.2 of LPP 2.9, a Carport can be located in front of a dwelling where it meets all of the following:

Required Provided Variation

The carport is open on all sides with no door.

Open on all sides with no door

Complies

The carport is constructed from timber or steel vertical supports no greater than 150mm in width in any direction.

200mm supports 50mm variation

The carport does not exceed an average of 2.8 metres in height above natural ground level

Carport approximately 3.2m in height

400mm variation

The carport is located so as to maintain visibility of the dwelling from the street and surveillance from the dwelling to the street

Visibility is not restricted in to or out of the dwelling

Complies

The maximum width of the carport is to be 6 metres on a property with a frontage of 12 metres or greater

3.9m wide Complies

The carport is setback one metre or greater from any side boundary

1.2m setback Complies

Notwithstanding that the Carport does not meet all of the above criteria, the structure is considered to be appropriate against the discretionary criteria of for its location as it is:

Lightweight in construction and open on all sides.

The structure is not significant in comparison with the dwelling behind it, and it will not restrict passive surveillance to and from the dwelling.

The carport is simple in its design.

The carport is setback sufficiently from the street to protect sightlines and have a minimal impact on the streetscape.

Lot boundary setbacks


Master loft level (west)

1.2m 1.1m 100mm

The proposed lot boundary setbacks are supported for the following reasons against the design principles of the R-Codes:


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There are no major openings on this elevation of the top floor, ensuring that privacy will not be impacted.

Access to winter sunlight will not be impacted by the reduced lot boundary setback.

The reduced western setback will not abut any major openings of the adjoining property and will therefore not restrict daylight or ventilation.

The master loft level only occupies a length of 9m, with the remainder of the development a level lower. It is not considered that this minor portion of setback will have a significant impact on adjoining properties from a building bulk perspective.

Lot boundary setbacks (boundary walls)


East lot boundary setback (garage and kitchen)

1-1.5m Nil 1-1.5m

The proposed lot boundary setbacks on the eastern boundary are supported for the following reasons against the design principles of the R-Codes and Council Policy:

The adjoining dwelling is setback between 1.8- 3.5m. The portions of the building closer to the boundary have openings to bathrooms and one small opening to a living room.

There is sufficient separation between the building and the boundary to allow for ventilation and daylight access.

As the boundary walls are on the eastern elevation, the neighbouring property’s access to northern (winter) sunlight is not considered to be impacted.

The boundary walls are only on the upper level, which is at ground level, meaning the bulk of the walls is not consider to be significant.

The walls do not result in any additional overlooking.

The boundary walls will not have a significant impact on the streetscape. Open space


Open space 45% (218.7m2) 38.65% (187.84m2 ) 6.35% (30.86m2)

The proposed amount of open space is supported for the following reasons:

With the exception of a minor element of the building, much of the house is setback further than the prescribed setback distance ensuring the impact on the streetscape is minimised.

Openings are setback sufficiently to allow for natural sunlight, with the dwelling making the most of the street elevation to the north.

There are suitable setbacks and courtyard areas able to be landscaped and to ensure external fixtures can be easily fitted to the building.

A large alfresco area is provided at the front of the site, to ensure the residents of the dwelling have a generous area for outdoor living. There is also a small courtyard at the rear of the dwelling, as well as a fire pit and seating off the dining room.

The large courtyard at the front of the site provides space for outdoor pursuits.

Reduce building bulk on the site, consistent with the expectations of the applicable density code and/or as outlined in the local planning framework


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Fencing


Boundary fence (right of way)

1.8m 2.1m 300mm

The proposed boundary fence is located at the rear of the site and abuts the right of way. While the fence exceeds the designated 1.8m height requirement, in accordance with LPP 2.8, it is not considered to have a significant impact on adjoining properties for the following reasons: The fence will not overshadow outdoor living areas or major openings, rather it will impact only the existing right of way.

The fence will not obstruct any views.

The two storey dwelling behind the fence will still allow for surveillance over the ROW.

Vehicle sightlines


Primary street Truncation (1.5m) or height reduction (0.75m)

Nil Truncation (1.5m) or height reduction (0.75m)

While the gate and fence does provide an element of visual permeability, it is considered that the fence should be altered to improve sightlines. This is particularly important in this location due to the topography of the site, as well as the sites proximity to a primary school located directly across the road. A condition of approval is recommended to ensure the proposal results in a safe vehicle access point. Retaining and site works


Site works All filling behind a street setback line and within 1m of a lot boundary, not more than 0.5m above the natural ground level at the lot boundary

Up to 700mm 200mm

Retaining walls Retaining walls greater than 0.5m in height set back from lot boundaries in accordance with the setback provisions of Table 1.

Nil setback 1m

It is considered that the proposed development deals with site works and retaining well, considering the challenging topography of the site. The level of site works is supported for the following reasons:

The proposed development makes use of existing levels where possible, particularly on the eastern side where existing walls are proposed to be retained.


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The development respects the natural cliff and steep topography as viewed from the street.

The retaining is not considered to be in locations that may be detrimental to adjoining properties.

Retaining and fill that exceeds 500m is located centrally to the site and is not a significant amount over.

There are no major openings in the area of greatest fill, which assists in protecting the privacy of the adjoining neighbour.

Visual privacy


Alfresco 7.5m 2.4m (east) and 1.2m (west)

5.1m and 6.3m

The proposed alfresco area at the front of the site partially overlooks front setback areas but also will have a view back into the neighbouring sites. To the east, there are no major openings on the property at No. 11 Stevens Street, and any overlooking will only impact the side setback area. It is not considered that screening is necessary on this elevation. To the west it appears as though there is a major opening facing the proposed development. It is recommended that screening be provided on this elevation to prevent overlooking back into the property. An appropriate condition has been recommended to require this screening. STRATEGIC IMPLICATIONS Green Plan 2020 Encourage the retention of vegetation on private land.

1. No trees are proposed to be removed as part of this development. FINANCIAL IMPLICATIONS


Nil


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OFFICER'S RECOMMENDATION

The Planning committee acting under delegation 1.2: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, two storey Single house at No. 9 (Lot 16) Stevens Street, Fremantle, subject to the following condition(s) : 1. This approval relates only to the development as indicated on the approved

plans, dated 9 May 2018. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.


otherwise approved by the City of Fremantle. 3. Prior to the issue of a building permit, a detailed drawing showing how the

western elevation of the alfresco area is to be screened in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes with fixed vertical screening, with openings not wider than 5cm and with a maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the internal floor level. Prior to occupation, the approved screening method shall be installed and maintained to the satisfaction of the City of Fremantle.

4. Prior to occupation of the development hereby approved, the boundary wall

located on the east shall be of a clean finish in any of the following materials: • coloured sand render, • face brick, or • painted surface and be thereafter maintained to the satisfaction of the City of Fremantle.

5. Prior to the issue of a building permit, the primary street fence shall be

truncated or reduced to 0.75m height within 1.5m of vehicle access point in order to provide adequate sight lines or otherwise comply with Clause 5.2.5 C5 of the Residential Design Codes and thereafter maintained to the satisfaction of the City of Fremantle.

6. Where any of the preceding conditions has a time limitation for compliance, if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation for compliance specified in that condition), continues whilst the approved development continues.

Advice note:

i. This development approval does not relate to any works within the road reserve of Stevens Street.

ii. Any new or modified crossover(s) is subject to an application for a

crossover. The crossover shall comply with the City’s standard for


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standard crossovers, which are available on the City of Fremantle’s web site.

iii. The City strongly encourages deep planting zones that should be

uncovered, contain a retained or planted tree to Council’s specification, have a minimum dimension of 3.0m and at least 50% is to be provided on the rear 50% of the site.


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PC1808 -5 UPDATE ON METRO SOUTH-WEST JDAP DETERMINATIONS AND RELEVANT STATE ADMINISTRATIVE TRIBUNAL APPLICATIONS FOR REVIEW

Applications that have been determined by the Metro South-West JDAP and/or are JDAP/Planning Committee determinations that are subject to an application for review at the State Administrative Tribunal are included in the attachment. OFFICER'S RECOMMENDATION

That the information is noted.


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PC1808 -6 SCHEDULE OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY

Under delegation, Development Approvals officers determined, in some cases subject to conditions, each of the applications relating to the place and proposals as listed in the attachments.

OFFICER'S RECOMMENDATION

That the information is noted.


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Council decision

Nil

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

A member may raise at a meeting such business of the City as they consider appropriate, in the form of a motion of which notice has been given to the CEO.

13. URGENT BUSINESS

In cases of extreme urgency or other special circumstances, matters may, on a motion that is carried by the meeting, be raised without notice and decided by the meeting.

14. LATE ITEMS

In cases where information is received after the finalisation of an agenda, matters may be raised and decided by the meeting. A written report will be provided for late items.

15. CONFIDENTIAL BUSINESS

Members of the public may be asked to leave the meeting while confidential business is addressed.

16. CLOSURE

Documents

Agenda - City of Fremantle · 2018. 7. 27. · Agenda - Planning Committee 1 August 2018 Page 1 CITY OF FREMANTLE Planning Committee Agenda 1. OFFICIAL OPENING, WELCOME AND ACKNOWLEDGEMENT