DEVELOPMENT ASSESSMENT UNIT · 2016-06-03 · DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit Shire of Augusta Margaret River On 24 May 2016 . ATTENDANCE Johan

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 24 May 2016

ATTENDANCE Johan Pienaar, Rachel Moftah, Chris Wenman, Kim Nolan, Jason Heine CONFIRMATION OF MINUTES PLANNING APPLICATIONS RECEIVED Date Rec’d

Assess No.

Address oposal DA No.

16/05/2016 A7952 91 (lot 110) Baudin Drive, Gnarabup

Dwelling Additions (Garage Extension)

P216264

16/05/2016 A621 15 (Lot 8) Toy Place, Augusta Dwelling P216267 16/05/2016 A11523

A11820 Lot 70 Wirring Road, Cowaramup Dwelling and Holiday House P216268

17/05/2016 A3676 76-78 (Lot 64) Town View Terrace, Margaret River

Additions to Childcare Centre (Shade Structure and Storage)

P216269

17/05/2016 A5414 6 (Lot 39) Freycinet Way, Gnarabup Ancillary Dwelling P216270 18/05/2016 A11383 97 (Lot 63) Treeton Road North,

Cowaramup Extractive Industry (Gravel Extraction)

P216272

18/05/2016 A210 27 (Lot 1) Osnaburg Street, Augusta Bed & Breakfast P216273 20/05/2016 A1873 302 (Lot 72) Railway Terrace, Margaret

River Dwelling Additions, Outbuilding(Shed) and boundary fence

P216279

20/05/2016 A10511 8 (lot 524) Sedge Way, Margaret River Dwelling Additions (Verandah) P216280 20/05/2016 A3894 232 (Lot 5) Patmore Road, Warner Glen Compliance - Unkempt Road

Thoroughfare P216281

BUILDING LICENCE APPLICATIONS RECEIVED Date Rec’d

Assess No.

Address Proposal BLDG No.

20/05/2016 A10309 4 (Lot 88) Holbrook Street, Margaret River

Dwelling 216230

19/05/2016 A6776 10 (Lot 4474) McLeod Creek Road, Karridale

Dwelling Additions and Office 216229

18/05/2016 A4711 8 (Lot 40) Duggan Drive, Cowaramup Gable Carport 216201 18/05/2016 A10536 27 (Lot 710) Burke Circle,

Cowaramup Shed 216228

17/05/2016 A8168 67 (Lot 174) Duggan Drive, Cowaramup

Single Dwelling 216223

17/05/2016 A9188 1 (Lot 24) Honeytree Grove, Cowaramup

Shed 216224

17/05/2016 A11701 49 (Lot 263) Tonkin Boulevard, Margaret River

Shed 216225

17/05/2016 A9424 3 (Lot 147) Mulberry Mews, Cowaramup

Dwelling 216226

17/05/2016 A7139 13 (Lot 209) Hunt Court, Margaret River

Shed 216227

16/05/2016 A10537 25 (Lot 711) Burke Circle, Cowaramup

Pergola 216221

16/05/2016 A11937 24 (Lot 265) Noreuil Circuit, Cowaramup

Shed 216222

SUBDIVISIONS DETERMINED Date Rec’d

Officer DA No. Address Description of Matter Recommendation

13/05/2016 Lucy Gouws

P216266 9-11 (Lots 30 and 31) Rendall Close Margaret River

Amalgamation

Unconditional support

LEVEL 1 APPLICATIONS for Determination by Director Date Rec’d

Officer Address Proposal Outcome DA No.

01/03/2016 Lara Hoole 10 (Lot 129) Tammar Place Margaret River

Holiday House

Approved P216122

24/03/2016 Rachel Moftah

Lot 1629 Calgardup Road, Forest Grove

Dam (Soak)

Approved P216179

28/04/2016 Lara Hoole 4 (Lot 25) Knox Place Witchcliffe

Outbuilding (Shed)

Approved P216231

28/04/2016 Lucy Gouws

37 (Lot 17) Village Green, Margaret River

Grouped Dwelling

Approved P216232


49 (Lot 24) Horseford Road Burnside

Holiday House

Approved P216234

03/05/2016 Lara Hoole 62 (Lot 55) Townview Terrace Margaret River

Demolition of Office Building

Approved P216240


Unit 3/8 Owen Tucker Lane Margaret River

Section 40

Issued P216241


6 (Lot 39) Freycinet Way Gnarabup

Ancillary Dwelling

Approved P216270

LEVEL 2 APPLICATIONS for Determination by Director Date Rec’d Officer Address Proposal Outcome of

DAU Meeting

DA No.

02/03/2016 AS Lot 44 Town view Terrace, Margaret River

Holiday House, Offices and Shops

Approve P216129

23/03/2016 RM Lot 3 Chuditch Place, Gnarabup

Holiday House (Large) Defer P216175

16/03/20176 RM Lot 131 Dunkley Close, Molloy Island

Ancillary Dwelling Approve P216157

13/04/2016 RM Lot 655 Homestead Way, Margaret river

Retaining wall on boundary Approve P216209

LOCAL LAW PERMITS Date Rec’d


03/03/2016 Amelia

Englert Cowaramup Playgroup 6 (Lot 3) Peake Street Cowaramup

Local Law Permit Approved P216131

13/04/2016 Nick Logan Blackwood Avenue, from 1 June 2016 to 30 April 2017

Permit renewal for Augusta Markets

Approved P216208

OTHER APPLICATIONS determined under delegation Date Rec’d


COMPLIANCE Date Rec’d


ELECTED MEMBERS ATTENTION Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

CLOSURE OF MEETING

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning Services Proposed Change of Use to Holiday House and Proposed Offices and Shops at 40 (Lot 44) Town View Terrace Margaret River

Major (Level 2) P216129; PTY/1019 REPORTING OFFICER : Angela Satre DISCLOSURE OF INTEREST : Nil General Information Lot Area 1012m2 Zone Town Centre Proposed Development • Change of use for the existing dwelling to a Holiday House for up to

six guests. • Proposed single storey Offices and Shops & ancillary parking area.

Permissible Use Class ‘A’ – Advertising required for Holiday House ‘P’ – Permitted subject to approval for an office/shop

Heritage/Aboriginal Sites No Encumbrance Nil Date Received 02/03/2016

The Site

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Policy Requirements Is the land or proposal referred to in any Council Policy? √ Yes ☐ No If yes, state the Policy/Policies Draft Local Planning Policy 5 – Holiday Houses (LPP5) Officer Comment

LPP5 - The proposal complies with the provisions of LPP5 specifically in relation to the location of the site in an ‘Urban’ area within the town centre.

Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? ☐ Yes √ No Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: _____1________ Have agency or authority comments been received? ☐ Yes ☐ No √ N/A Name Nature of Submission Officer Comment

One submission from an adjoining neighbour raising concerns

1) What are the estimated building time frames for commencement and completion?

2) What are the methods of compaction

and how will it affect our home? 3) How will dust be managed during site

works? 4) What will the parapet wall on the

northern boundary be made from?

The proponent has provided the following response to the issues raised: 1) Two year estimated building time

frame.

2) Compaction is likely to be with a 1 tonne compactor and will be carried out based on advice of a structural engineer and with regard to geotechnical information for the site.

3) Dust management will involve

Will our (northern) side of the parapet wall be finished and maintained to our standard?

5) The existing asbestos fence will be

broken during construction and will need to be replaced along the full length of the boundary. This should be done at the developer’s expense. And we have a dog which is contained on our property by the fencing.

For the portion of the fence running

from the parapet wall to the front of the existing dwellings our preference is for a brick wall which will not only give some continuity to the parapet wall but importantly will address noise impacts from the holiday house.

For the portion of the fence from the

parapet wall to Higgins Lane which will border the new parking area we would need a solid fence. Materials used in its construction would be negotiable.

6) We are also concerned about

overlooking from the dwelling on Lot 442 in to our house and would like this issue to be addressed when the fence is replaced.

wetting down the pad and gravelled areas, movement of earth moving equipment in low wind periods, use of screens.

4) The parapet wall on the northern

boundary will be made from masonry or concrete tilt up panel. The wall is proposed to be rendered or render look painted finish but any reasonable finish would be considered at the neighbour’s discretion providing cost was reasonable.

5) It is our understanding that the

existing fence between the two dwellings which is not affected by the proposed commercial development, is sufficient for ongoing use. Fencing will be primarily retained and matched into the parapet wall.

It is noted that neighbour requires a solid fence to screen the car park.

With respect to the fence being asbestos and portions of it needing to be removed, removal of this fencing will be undertaken at the time of construction of the commercial building and a temporary pet proof fence installed during construction with screening. Obviously a parapet wall would be constructed in place of the fence along this section. Removal of asbestos will be by an accredited asbestos removalist team in accordance with legislative requirements. A condition of planning approval could be imposed to ensure that removal of asbestos fencing is adequately dealt with at construction stage and temporary fencing installed until the parapet wall is built. If in the event that the fence needs to be replaced this shall occur within an appropriate material consistent with the requirements of a sufficient fence. Please note however our clients do not consider this fence needs to be a masonry or concrete fence between the two dwellings. It is common for fencing between holiday houses and other dwellings to be asbestos, timber, metal or the like and not masonry or concrete. In the event the commercial development does not proceed but the holiday house use does, the fence will be left as is.

6) A permanent screen can be affixed

to the northern side of the deck to 1.6 metres high to comply with privacy requirements of the codes. This can be required by a condition.

The landowners are prepared to ‘obscure frost’ the kitchen windows up to a height of 1.6 metres such

that overlooking is prevented from this window and this could be made conditional on any planning approval. This issue would therefore be addressed.

Officer Comment The concerns raised in the advertising period are noted. The concern about the dividing fence is a civil matter between the land owners. Concerns about the fencing materials can be discussed with the Department of Commerce and with regard to the Shire’s Local Planning Policy 4 – Fencing which identifies suitable fencing materials. The land owners have each been advised of the others position about the fence and a separate agreement will need to be reached about this matter in accordance with the Dividing Fences Act. The finish of the parapet is recommended to be to the neighbour’s satisfaction as a condition of any approval granted. Conditions are also recommended to be applied to any approval granted to ensure overlooking is addressed pursuant to the “deemed to comply” standards of the Rcodes. The other issues raised are considered to have been addressed in the application.

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

Infrastructure: The application lacks detail in regards to stormwater management and parking and will require further information in this regard, in line with the conditions below.

Conditions are recommended as per Infrastructure advice. A condition requiring a contribution under Policy PE45 Path Contributions cannot be applied in this case given the policy has been rescinded. An alternative contribution under Amendment 35 for community infrastructure is not applicable in this case given the contribution arises as a result of new dwelling creation and no additional dwellings are proposed in the application.

Environmental Health: Compliance with the Environmental Protection

(Noise) Regulations 1997. The Proponent shall prepare a Noise

Management Plan. Rubbish enclosure areas adequate to service the

development are to be constructed.

Environmental Health conditions/advice is recommended to be applied to any approval granted. Amended plans were submitted showing a bin store of sufficient size to accommodate a skip bin.

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? √ Yes ☐ No Are there any compliance issues in relation to existing development? ☐ Yes √ No R Codes Are R Codes applicable? ☐ Yes √ No Development Standards (Schedule 13) Are the development Standards applicable? √ Yes ☐ No Officer Comment The proposal complies with the development standards under Schedule 9 including the

nil side and front setback requirement. Car Parking LPS1 / R Codes Requirement

Holiday House Car Bays Required – 2 Shops/offices Car Bays Required - 7

Car Bays Proposed for the holiday house – 2 Car Bays Proposed - 8

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply Turning Bay/Circles and vehicle √ Complies ☐ Doesn’t Comply

manoeuvring Officer Comment

Two parking bays have been provided for the Holiday House use as per the requirements of LPS1 Schedule 8. The proposed commercial development occupies 175m² in gross floor area. LPS1 requires one parking bay per 25m² net lettable area. In this case (based on the more conservative gross floor area figure) a total of seven parking bays are required. The proposed commercial development has seven parking bays. The proposal meets the requirements of LPS1 in relation to car parking.

Building Height Scheme Requirement Wall - 7 m Roof - 10m State the proposed building height Wall – 3.5m

Roof – 3.7m √ Complies ☐ Doesn’t Comply

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

Deemed Provisions of the Scheme? Officer Comment Yes B. In the opinion of the officer: i. Are utility services available and adequate for the development? Yes ii. Has adequate provision been made for the landscaping and protection

for any trees or other vegetation on the land? Yes

iii. Has adequate provision been made for access for the development or facilities by disabled persons?

n/a

iv. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No

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

Yes

Other Comments Any further comments in relation to the application? Officer Comment

The application for a holiday house generated a requirement for advertising. A number of issues were raised in the advertising period which has been addressed by the proponent. Conditional approval is recommended.

OFFICER RECOMMENDATION That the Acting Manager Planning and Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 15 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Change of Use to Holiday House and Proposed Offices/Shops at 40 (Lot 44) Town View Terrace Margaret River subject to compliance with the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below and

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

Plans and Specifications

P1 received at the Shire offices on 20 May 2016 and P2 - P5 received at the Shire offices on 2 March 2016.

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

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

Holiday House 3. The Holiday House use is limited to a period of twelve (12) months from the date of this approval. (P)

(Refer to advice note a.) 4. An Emergency Response Plan (i.e. fire escape route maps and other details as required) and Fire

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

5. A Manager or a contactable employee of the manager that permanently resides no greater than a 1 hour

drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour of a reported incident. The manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note b.) (P).

6. The 24 hour contact details of the manager and owner of the Holiday House shall be visible on the

property from the nearest street frontage and maintained to the satisfaction of the Shire. (Refer advice note c) (P)

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

(P)

8. The short stay use of the dwelling shall not be occupied by more than six (6) people at any one time. (P) 9. Amplified music shall not be played outside of the Holiday House between the hours of 10pm and 10am. 10. ‘House Rules’ shall be developed prior to the commencement of use. Thereafter the ‘House Rules’ shall

be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer advice note d). (P)

11. The major openings on the northern elevation of the existing dwelling on the subject site shall be screened

to address overlooking, in accordance with the deemed to comply standards of the Residential Design Codes at clause 5.4.1, and prior to commencement of the Holiday House use.

Shops/Offices 12. Suitable arrangements being made for connection of the land to the comprehensive district drainage

system at the landowner/applicant’s cost. A detailed engineering plan is to be submitted for approval prior to commencement of works showing drainage details, levels, drainage pipe inverts, sump connections details, slow release, offsite connection and infrastructure details. (Local Government)

13. Suitable arrangements being made with the local government for the provision of vehicular crossover(s) to

service the lot(s) shown on the approved plan of subdivision. 14. Vehicle parking areas, access ways and crossover(s) shall be designed, constructed, sealed, kerbed,

drained, line marked and thereafter maintained in accordance with Australian Standard AS 2890.1-2004 Off Street Parking and the Shire’s standards and specifications, prior to occupation of the development.

15. A detailed engineering plan is to be submitted for approval prior to commencement of works showing

construction details including pavement levels, thickness, cross fall, drainage disposal including drainage pipe inverts, sump connections detail and slow release.

16. Prior to the commencement of development the proponent shall pay a development bond of $5,000.00 as

per the Council’s Policy PE.51 Development Bonds. 17. The disabled parking bay shall be designed in accordance with 2890.6 2009 Part 6-Off Street Parking for

People with Disabilities. 18. The wall on the boundary shall be finished and maintained to the satisfaction of the adjoining landowner,

or, in the case of a dispute to the satisfaction of the Shire. 19. The proponent shall prepare a Noise Management Plan to the satisfaction of the Shire which shall be

implemented prior to commencement of development/use. The Noise Management Plan shall include operational management and provide details of acoustic treatments and noise attenuation design for all development hereby approved on the site. (EH)

20. Rubbish enclosure areas adequate to service the development are to be constructed and provided in

accordance with the Shire of Augusta Margaret River Health Local Laws 1999 prior to the occupation or use of the development to the satisfaction of the Local Government. (EH)

21. Any external fan, air conditioner or similar equipment shall be installed and located so that there is no loss

of amenity to the locality by appearance, noise, emissions or otherwise. Details, including the location of equipment, shall be provided with the building permit (refer to advice note g). (P/EH)

22. The development or use of the land shall not cause or permit to cause the escape of dust, smoke, fumes,

offensive matter or foul odours in such quantity or of such nature as to unreasonably impact on the amenity of the locality. (EH)

23. A minimum of three shade trees shall be provided in the parking area pursuant to Local Planning Scheme

No. 1 clause 5.8.5(c). Details to be submitted with the building permit. (P)

ADVICE NOTES a) Following satisfactory performance of the approved use, and in the absence of any substantiated

complaints over the twelve (12) month approval period, the Shire may grant further planning approval for the continuation of the use for a further three (3) years. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee. (P)

b) If at any time there is not an appointed manager or a contactable employee of the manager for the site,

the use must cease until such time as a manager is appointed. (P) c) A sign limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from ground

level may be erected at the property frontage and within the property.(P) d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. (P)

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

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

premises; (ii) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the

Building Code of Australia) must not make the dwelling available for hire unless hard wired, battery backup smoke alarms are installed, complying with the Building Code of Australia and AS3786.

f) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses

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

g) Noise emissions (sound levels) resulting from the use of the premises shall not exceed the assigned levels in the Environmental Protection (Noise) Regulations 1997 and shall not unreasonably interfere with the health, welfare, convenience, comfort or amenity of an occupier of any other premises. (EH)

h) The number of people proposed for the Holiday House is to comply with Section 23, of the Shire of Augusta Margaret River Health Local Laws 1999, Overcrowding: The owner or occupier of a house shall not permit – a room in the house that is not a habitable room to be used for sleeping purposes; or a habitable room in the house to be used for sleeping purposes unless – for every person over the age of 10 years using the room there is at least 14 cubic metres of air space

per person; and for every person between the ages of 1 and 10 years there is at least 8 cubic metres of air space per

person; or any garage or shed to be used for sleeping purposes

i) The handling, transportation and disposal of asbestos should be carried out in accordance with the requirements of the Occupational Safety and Health Act 1984 (and Regulations), Health (Asbestos) Regulations 1992, Environmental Protection Act 1986 and Environmental Protection (Controlled Waste) Regulations 2004. (EH)

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning Services Proposed Ancillary Dwelling at Lot 131 Dunkley Close, Molloy Island Minor (Level 2) P216157; PTY/11396

REPORTING OFFICER : Rachel Moftah DISCLOSURE OF INTEREST : Nil. General Information Lot Area 2148m² Zone Residential R10/15 Proposed Development Convert existing outbuilding to ancillary dwelling Permissible Use Class Discretionary Heritage/Aboriginal Sites Nil. Encumbrance Restrictive covenant burden to the Molloy Island Home Owners

Association. Date Received 16 March 2016


Policy Requirements Is the land or proposal referred to in any Council Policy? √ Yes ☐ No If yes, state the Policy/Policies Planning Strategy – Visual Management

Officer Comment

The site is located within the Visual Management An area. However as the structure is already in place, the assessment of the colours and materials for the existing structure was undertaken under assessment No. P214172. It should be noted however, that the outbuilding was approved with a Jasper (dark brown) colour.

Special Control Areas Is the land in a Special Control Area? √ Yes ☐ No If yes, state the SCA Molloy Island Area Special Control Area Officer Comment

On residential lots, development is confined to a single dwelling and its incidental development – the proposal meets this requirement as the ancillary dwelling is incidental to the main use of the site being a single dwelling. A building permit for the single dwelling was approved under Building Permit 214327. Development is required to meet the following setbacks 15m from front boundary 5m from side boundary The proposed ancillary dwelling is setback 15m from the front boundary and 5m from the side boundary.

Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: ____1_________ Have agency or authority comments been received? √ Yes ☐ No ☐ N/A Name Nature of Submission Officer Comment

MIHOA

Objection Design, siting and external appearance of this proposed dwelling is not compatible with the established pattern of development. Opinion of the Association the proponent is seeking to continue occupying the shed as a ‘de facto holiday house’ during school holidays, by calling it an ‘ancillary dwelling’ and expecting consent. We are unable to understand how the proposed ancillary dwelling can be associated with a single house that does not exist. There may be no need to construct the proposed single house if consent is given for an ancillary dwelling without it. Is the standard of building proposed in this application acceptable to Council? If approved in the absence of an existing single house on the lot, what is to stop anyone from applying to live in a shed and simply call it ancillary accommodation?

The structure already has approval from the Shire as an outbuilding. The change of use from outbuilding to ancillary dwelling is not considered to impact on the streetscape or the pattern of development than what currently occurs on the subject lot. The Shire’s Local Planning Scheme permits Ancillary Dwellings on lots in the Residential zone. Occupying the structure is not considered to be contrary to the planning legislation once the relevant approvals have been granted. The Shire has granted planning and building approval for the single dwelling on the lot. The applicant has advised they are still seeking to construct the dwelling with site works having been undertaken. The building has previously been approved, the change of use is not considered to trigger the need to change the existing built form as the impact on the streetscape will not alter although the use has. If the dwelling is not constructed and the building permit expires, this would result in the ancillary dwelling effectively becoming the dwelling. If such occurs, the Shire can serve the owner with a notice to submit a change of use for the ancillary dwelling to be used as a single house. The Proponent has submitted a building permit for the conversion of the Shed into a habitable building. Through the building permit process it will be ensured that the building is suitable for human habitation.

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

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? ☐ Yes √ No Are there any compliance issues in relation to existing development? ☐ Yes √ No R Codes

Are R Codes applicable? √ Yes ☐ No Design Element R-Codes Req Provided Officer comment Open Space Requirement 60% 87.2% Complies Upgrade Landscaping ☐ Required √ Not Required Overlooking ☐ Yes √ No Overshadowing ☐ Yes √ No Energy efficiency/solar access √ Yes ☐ No Other Variations ☐ Yes √ No Officer’s Comments against performance criteria

The proposed ancillary dwelling meets the deemed-to-comply requirements of the R-Codes.

Development Standards (Schedule 9) Are the development Standards applicable? ☐ Yes √ No Officer Comment As per R-Codes.

Car Parking LPS1 / R Codes Requirement

Car Bays Required - 3 Car Bays Proposed -3

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply Turning Bay/Circles and vehicle manoeuvring √ Complies ☐ Doesn’t Comply

Disabled Bays Disabled Bays – N/A ☐ Complies ☐ Doesn’t Comply Officer Comment

Sufficient car parking provided on site.

Building Height Scheme / Policy Requirement Wall - 7m Roof - 8m State the proposed building height Wall - <7mm

Roof - <8m

√ Complies ☐ Doesn’t Comply

Officer Comment

The structure already exists; the application is to change the use of the outbuilding to ancillary accommodation.

Clause 67 C. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the

Deemed Provisions of the Scheme? Officer Comment

Yes.

D. In the opinion of the officer: vi. Are utility services available and

adequate for the development? Yes – condition that in-site septic effluent disposal capacity is

sufficient. vii. Has adequate provision been made

for the landscaping and protection for any trees or other vegetation on the land?

Yes.

viii. Has adequate provision been made for access for the development or facilities by disabled persons?

N/A

ix. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No.

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

Applicant to provide a BAL assessment.


The proposed ancillary accommodation is considered to meet the requirements of the Local Planning Scheme and R-Codes and the objections received cannot be substantiated on planning grounds. Therefore the application is recommended for approval.

OFFICER RECOMMENDATION That the Statutory Planning Coordinator GRANT Planning Consent under Delegated Authority Instrument No. 15 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Ancillary Dwelling at 3 (Lot 131) Dunkley Close, Molloy Island subject to compliance with the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below and


Plans and Specifications

P1 received at the Shire offices on 4 April 2016 and P2 received at the Shire offices on 22 April 2016.



ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:

(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011;

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

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

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning Services Proposed Retaining Wall at 15 (Lot 655) Homestead Way, Margaret River. Major (Level 2) P216209; PTY/8619

REPORTING OFFICER : Rachel Moftah DISCLOSURE OF INTEREST : Nil. General Information Lot Area 597m² Zone Residential R20 Proposed Development Proposed retaining wall on the southern and eastern boundaries which

exceeds 0.5m in height and proposes a nil setback. Permissible Use Class Permitted. Heritage/Aboriginal Sites Nil. Encumbrance Nil. Date Received 13 April 2016

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


Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? ☐ Yes √ No Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: ____1_________ Have agency or authority comments been received? ☐ Yes ☐ No √ N/A Name Nature of Submission Officer Comment

P Wightman

Objection I am in in the process of selling my home and believe this would be detrimental to the sale.

Comments noted, however content of objection is not a planning consideration and therefore cannot be substantiated on planning grounds.

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

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? ☐ Yes √ No Are there any compliance issues in relation to existing development? ☐ Yes √ No R Codes Are R Codes applicable? √ Yes ☐ No Design Element Policy / R Codes

Req Provided Officer comment

Site works Max 0.5m fill Max 0.88m fill on south boundary Max 0.88 fill on east boundary.

Non-compliant Objection received from east boundary neighbour. Refer assessment against design principles below.

Retaining walls Setback as per Table 1

Located on the boundary.

Non-compliant Objection received from east boundary neighbour. Refer assessment against design principles below.

Visual Privacy Fill over 0.5m to be setback as per Table in C1.1 of Clause 5.4.1

Dividing fence above prevents overlooking.

Complies

Officer’s Comments against performance criteria

5.3.7 Site works The amount of fill proposed on the site is considered to respond to the natural features of the site as the site slopes away from the north-east boundary to the south-west boundary. The amount of fill proposed is considered to be relatively minor (additional 0.38m) and the additional height would not likely result in an adverse impact on the adjoining land owners. The additional height is still considered to be respectful to the natural ground levels and is not likely to be visible from the street as the areas where the fill exceeds 0.5m is behind the dwelling on the eastern side and is setback from the secondary street (approx. 4m). In addition, as the dwelling is at a higher FFL than where the level lot boundary and the verge meet, the retaining level will be complementary to the existing FFL of the dwelling. 5.3.8 Retaining walls The proposed retaining walls are located within the lot boundaries and will benefit the residents of the site. It will benefit the residents because it will allow a level area around the dwelling to be used for access around the site. Although the site proposes an increased amount of fill above the permitted 0.5m, the additional height (max 0.38m) is not considered to have a detrimental impact on the amenity of the adjoining properties. The area where the objection was received is located on the eastern boundary. This ensures the additional height will not have an adverse impact on the amenity of the adjoining property in terms of access to sun. Furthermore, from the aerial photos available on the Shires Intramaps system it appears there is a large area of landscaping (bushes) that will likely screen the retaining wall from view from the adjoining land owner to the east. The retaining wall on the southern boundary appears to be well away from the outdoor living area on the adjoining lot and no objections to the height were received from the land owner to the south.

Development Standards (Schedule 13) Are the development Standards applicable? ☐ Yes √ No Car Parking Officer Comment

Not applicable.

Building Height Officer Comment

Not applicable.

Clause 67 E. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the

Deemed Provisions of the Scheme? Officer Comment Yes.

F. In the opinion of the officer: xi. Are utility services available and

adequate for the development? Yes.

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

Yes.

xiii. Has adequate provision been made for access for the development or facilities by disabled persons?

N/A

xiv. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No.

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

N/A


The proposal for the retaining wall is considered to be acceptable under the design principles of the R-Codes and is therefore recommended for approval subject to conditions.

OFFICER RECOMMENDATION That the Statutory Planning Coordinator GRANT Planning Consent under Delegated Authority Instrument No. 15 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Retaining Walls at 15 (lot 655) Homestead Way, Margaret River subject to compliance with the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below and


Plans and Specifications P1 received at the Shire Offices on 13 April 2016.



3. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or

disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta-Margaret River Standards & Specifications. (I)

ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:

(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011;

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

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

Documents

DEVELOPMENT ASSESSMENT UNIT · 2016-06-03 · DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit Shire of Augusta Margaret River On 24 May 2016 . ATTENDANCE Johan