DEVELOPMENT ASSESSMENT UNIT On 15 December 2020 Minutes...Alfresco 220654 14/12/2020 A2648 Unit 10 / 410 (Lot 10) (Pinot Way) Bussell Highway, Margaret River Single Dwelling, Carport

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 15 December 2020

ATTENDANCE Angela Satre, David Nicholson, Chris Wenman, Chris McAtee, Leigh Medlen, Lina

O’Halloran & Lucy Gouws PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

10/12/2020 A9215 4 (Lot 51) Tinglewood Court, Cowaramup

Dwelling Addition (Outbuilding) P220805

10/12/2020 A12536 25 (Lot 49) Merrit Lane, Margaret River

Single Dwelling P220806

14/12/2020 A3565 130 (Lot 14) Railway Terrace, Margaret River

Alterations & Additions (Increase from 30 to 50 children, & Alteration of Outbuilding to Play Space)

P220807

14/12/2020 A10495 23 (Lot 423) Pimelia Drive, Margaret River

Bed & Breakfast P220808

14/12/2020 A10538 23 (Lot 712) Burke Circle, Cowaramup

Home Business & Dwelling Additions (Beautician)

P220809

14/12/2020 A9418 20 (Lot 141) Bluegum Place, Cowaramup

Single Dwelling P220810

14/12/2020 A12758 809 (Lot 209) Burnside Road, Burnside

Outbuilding Addition P220811

14/12/2020 A7422 741 (Lot 145) Cowaramup Bay Road, Cowaramup

Section 40 P220812

14/12/2020 A10583 A5175

180 (Lot 102) Treeton Road, Cowaramup

Agriculture Extensive (Farm Building)

P220813

15/12/2020 A6189 93 (Lot 3) Holben Road, Cowaramup

Chalet P220815

15/12/2020 A7973 45 (Lot 131) Grunters Way, Gnarabup

Bed & Breakfast (Renewal) P220816

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

10/12/2020 A13044 17 (Lot 37) Tallwood Loop, Witchcliffe

Single Dwelling 220647

10/12/2020 A2670 779 (Lot 511) Davis Road, Rosa Glen 6285

Occupancy Permit - Cellar Door 220648

10/12/2020 A10583 A5175


Shed 220650

10/12/2020 A1354 432 (Lot 106) Bussell Highway, Margaret River

Temporary Workers Accommodation - 4x rooms with ensuites

220651

10/12/2020 A6406 Unit 8 / 20 (Lot 8) Riedle Drive, Gnarabup

Alterations and Additions to Existing Dwelling

220652

11/12/2020 A12816 52 (Lot 201) McDermott Parade, Witchcliffe


12/12/2020 A7109 39 (Lot 251) Illawarra Avenue, Margaret River

Carport 220661

14/12/2020 A2648 Unit 3 / 410 (Lot 3) (Pinot Way) Bussell Highway, Margaret River

Single Dwelling, Carport and Alfresco

220654


Single Dwelling, Carport and Alfresco

220655

15/12/2020 A6639 25 (Lot 2) Riedle Drive, Gnarabup Alterations and Additions to Existing Dwelling

220657

15/12/2020 A12819 58 (Lot 204) McDermott Parade, Witchcliffe


15/12/2020 A9749 A504

665 (Lot 3) Wirring Road, Cowaramup


15/12/2020 A390 10 (Lot 86) Georgette Way, Prevelly Additions to Existing Dwelling 220660

16/12/2020 A13024 2 (Lot 108) Vita Court, Margaret River



Single Dwelling, Alfresco and Carport

220663

16/12/2020 A12729 11 (Lot 361) Winton Street, Margaret River

Single Dwelling, Garage, Alfresco, Porch and Retaining Wall

220664

16/12/2020 A12954 2 (Lot 53) Concerto Drive, Cowaramup


16/12/2020 A10586 A10584 A5175


Farm Shed 220666

16/12/2020 A11039 A10718 A1469 A5375

4 (Lot 2) Wooredah Crescent, Prevelly

Retaining Wall 220667

16/12/2020 A7422 741 (Lot 145) Cowaramup Bay Road, Gracetown

Occupancy Permit - Cellar Door 220668

16/12/2020 A12690 3 (Lot 101) Vita Court, Margaret River

Two Storey Dwelling 220669

SUBDIVISIONS DETERMINED Nil LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

31/01/2020 Devin Moltoni

187/217 (Lot 11) Tanah Marah Road, Bramley

Bed and Breakfast Approved P220075

17/07/2020 Lezia Sandon

5 (Lot 82) Georgette Road, Gracetown

Holiday House (Large) and Water tank

Approved P220396

14/09/2020 Lara Hoole

82 (Lot 101) West Road, Cowaramup

Chalet (Change of Use from Ancillary Dwelling to Chalet)

Approved P220548

15/10/2020 Leigh Medlen

7 (Lot 206) Walilya Way, Witchcliffe

Dwelling (Outbuilding Addition)

Approved P220658

04/11/2020 Lina O’Halloran

36 (Lot 30) Mansfield Avenue, Margaret River

Bed and Breakfast (Renewal)

Approved P220715


3 (Lot 1/1438) Town View Terrace, Margaret River

Holiday House (Renewal)

Approved P220752

04/12/2020 Angela Satre

220 (Lot 1) Barrett Road, Rosa Brook

Agriculture Extensive (Farm Building)

Approved P220792

04/12/2020 Lucy Gouws

28 (Lot 541) Riverslea Drive, Margaret River

Section 40 (Home office - Wholesale Liquor License)

Approved P220793

08/12/2020 Lezia Sandon

Unit 20 / 25 (Lot 6) Friesian Street, Cowaramup

Section 40 (Wine Storage)

Approved P220797

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

6/10/2020 Leigh Medlen

No. 108 (Lot 289) Leschenaultia Avenue, Margaret River

Single Dwelling, Retaining and Fill and Fencing

Conditional approval

P220628


43 (Lot 165) Marmaduke Point Drive, Gnarabup

Holiday House - Large (Renewal)


P220731

17/11/2020 Lucy Gouws

33 (Lot 5) Mitchell Drive, Prevelly

Dwelling (Amendment to Approval P220498)


P220750

29/10/2020 Angela Stare

84 (Lot 2) Turner Street, Augusta

Holiday House (Renewal)


P220701

MANAGEMENT OF VEGETATION ON SHIRE RESERVES Nil LOCAL LAW PERMITS

Nil OTHER APPLICATIONS determined under delegation Nil ELECTED MEMBERS ATTENTION Nil CLOSURE OF MEETING

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

Proposed Dwelling (Retaining & Fencing) 108 (Lot 289) Leschenaultia Avenue, Margaret River

Major (Level 2) P220628; PTY/12441

REPORTING OFFICER : Leigh Medlen DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 704m2

Zone Future Development ‘R20’

Proposed Development Planning approval is sought for a dwelling with retaining and fencing.

• Retaining is proposed involving a 1.5m setback variation to the southern side boundary; and

• Fencing is proposed on the eastern and southern boundaries varying the maximum fence height guideline under Local Planning Policy 4.

Permissible Use Class ‘P’ – Permitted

Heritage/Aboriginal Sites None Identified

Encumbrance Nil

Date Received 06/10/2020

Policy Requirements

Is the land or proposal referred to in any Council Policy?

√ Yes ☐ No Local Planning Policy 4 – Fencing (LPP4)

http://intranet/Logos/Forms/AllItems.aspx

LPP4 – Fencing

A 2.6m high fence is proposed on top of a retaining wall along the eastern rear boundary varying the 2.3m high maximum

fence guideline under LPP4. A 17m long portion of fence along the southern side boundary is also proposed and would

exceed the 2.3m maximum fence height guideline under LPP4. This portion of fence ranges in height from 2.3m to 3.0m.

The variations are considered acceptable for the following reasons:

• The fence will not be visually evident from the streetscape;

• The fence height variation arises due to screening proposed to the top of the existing fence in order to respond to the deemed to comply standards under the R-Codes regarding overlooking;

• The fence is consistent with the nature of development in the area noting the natural ground level in the locality slopes from west to east and results in variable fence heights; and

• The fence does not obstruct any vehicle sight lines. The variation to the fence height meets the design principles under LPP4 and is considered acceptable.

Structure Plans and Local Development Plans (LDP’s)

Is the land in any Structure Plan Area or subject to a LDP? √ Yes ☐ No

If yes, state the Policy/Policies Rapids Landing Village Centre Structure Plan

Officer Comment

Identifies the site for future residential development, no further development provisions apply.

Planning History

N/A

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 Objection

Internal Referral:

Infrastructure:

There should not be any retaining located within an

easement. There is not a problem with development

abutting an easement however; should not be located within

an easement.

Noted. The property does not have an easement located

within the property’s boundaries. Retaining would abut an

easement on the southern neighbouring property and this is

considered acceptable.

Details of Submission Officer Comment

Reduced Setback:

• Concerned the setback will result in privacy concerns as the house is large and higher than mine. The screen will be 25% visually permeable and I will be able to see into their bedrooms and they will see into my backyard.

• Concern the living and entertainment windows are closer and right next to my main bedroom resulting in additional noise.

• Concern the natural light into my outdoor living will be reduced.

Screening

• Any additional screening on top of the fence should be paid by the landowner.

The difference in finished floor level between the two

properties is 100mm. The applicant advises the proposed

floor level of the dwelling is required to comply with the

driveway gradients under the Building Code.

Privacy screening atop the boundary fence is proposed to

address overlooking. Fencing and privacy screening is

considered adequate to mitigate overlooking issues noting

screens are required to be at least 1.6m in height and 75%

obscure.

Although living areas are proposed on the southern

elevation, there are no major openings on the neighbouring

dwelling that directly face the development site and the

boundary is proposed to be fenced. Furthermore, the

anticipated noise is no greater than one would expect in the

normal residential use of a dwelling.

An overshadowing diagram has been provided and

demonstrates that the single storey dwelling will meet the

deemed to comply standards of the R-Codes in relation to

overshadowing. The overshadowing diagram demonstrates

the shadow cast on June 21st would be cast mainly over the

side setback area of the southern adjoining lot and would

not shade the adjoining outdoor living area.

The privacy screening is recommended to be reflected as a

condition of any approval granted and is required to meet

the deemed to comply standards under the Rcodes in

• Any screening should be full block out not have 25% visibility and be accepted by both parties.

relation to privacy and overlooking arising from the

development site.

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 Provided Officer comment

Front Setback 6m 4.56m Complies. 13.38m2 intruding into the

front setback area and 25.26m2 of

compensating open space therefore

complying with averaging provisions.

Sides Setback (Southern) Height: 3.6m

Length: 23.79m

MO: Yes

Req: 4.5m

3.0m Variation.

Garage wall is assessed independently

as per figure 4b and setback 1m.

Sides Setback (Northern) Height: 3.6m

Length: 24.83m

MO: Yes

Req: 4.5m

5.71m Complies

Rear Setback Height: 3.6m

Length: 9.2m

MO: No

Req: 1.5m

2.61m Complies

Garage/Carport Setback 4.5m 5.6m Complies

Driveway Width 6m 5m Complies

Garage Width 50% 26% Complies

Outdoor Living Area 30m² >30m² Complies

Open Space Requirement 50% 39.5% Complies

Upgrade Landscaping ☐ Required √ Not Required

Overlooking ☐ Yes √ No

Southern elevation and alfresco are proposed to be screened to address overlooking.

Street surveillance √ Yes ☐ No

Street Walls and Fences √ Yes ☐ No

Overshadowing ☐ Yes √ No

Other Variations √ Yes ☐ No

Officer’s Comments against

performance criteria

Southern Setback Variation

A 3.0m setback proposed along the southern elevation in lieu of the 4.5m requirement

of the R-Codes. The setback is considered acceptable for the following reasons:

• A 3m side setback for an R20 coded lot is considered acceptable and not likely to result in an adverse impact in terms of building bulk to adjoining neighbouring properties, given even lesser side setbacks are common elements of the locality and the building is of single storey construction.

• The site complies with overshadowing requirements and any shadow cast onto the adjoining southern neighbour would not impact major outdoor living areas.

• Additional screening is proposed to address any overlooking concerns, consistent with the requirements of the R-codes.

Retaining

The site slopes from east to west and has a 1.5m change in natural ground level across

the 32m long boundary. Retaining is proposed along portions of the eastern rear

boundary and southern side boundary. The retaining is stepped to respond to the

changes in ground level however some sections of the retaining are more than 500mm

high and these sections involve variations to the deemed to comply standards of the

Rcodes which are discussed as follows:

Eastern Retaining Wall and Associated Fill

A 16m long retaining wall and associated fill is proposed along the eastern rear lot

boundary 1m in height.

Southern Retaining Wall

A 3m long retaining wall and associated fill is proposed along the southern side lot

boundary 0.7m in height.

The retaining and fill are consistent with the nature of development in the area

including retaining on adjoining sites. The variations are not considered to have a

detrimental impact to the streetscape given they are at the rear of the property and will

not be visible from the street. The variations respond to the natural slope of the land.

The variations meet the design principles under the Rcodes.

Development Standards (Schedule 9)

Are the development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - 2 Car Bays Proposed -2

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

Building Height

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

State the proposed building height Wall – 3.6m

Roof - 5.8 m

√ Complies ☐ Doesn’t Comply

Clause 67

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.

In the opinion of the officer

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

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

n/a

ii. Has adequate provision been made for access for the development or facilities by disabled persons? N/A

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

No.

iv. Is the development likely to comply with AS3959 at the building permit stage? BAL-LOW

Other Comments

Any further comments in relation to the application? Officer Comment Conditional approval is recommended.

OFFICER RECOMMENDATION That the Statutory Planning Coordinator Grants Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Single Dwelling (Retaining and Fencing) at No. 108 (Lot 289) Leschenaultia Avenue, 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 Shire Offices 3 December 2020; P2 received at Shire Offices on 6 October 2020 and P3 received at Shire Offices on 16 October 2020.

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.

3. At all times, all stormwater and drainage run-off from the development shall be detained within the lot boundaries and

managed to predevelopment flow regimes and/or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River’s Standards & Specifications.

4. The retaining wall on the boundary shall be finished to the satisfaction of the adjoining landowner, or in the case of a

dispute to the satisfaction of the Shire, prior to occupation. 5. Privacy screening shall be applied to the northern elevation of the proposed alfresco to address overlooking to the

adjoining northern property and along the southern elevation to address overlooking to the southern adjoining property. Screening shall meet the acceptable development standards of the Residential Design Codes at clause 5.4.1. Details shall be submitted with the building permit. Screening shall be installed prior to occupation of the dwelling and maintained thereafter.

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

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

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

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


Proposed Holiday House Large (Renewal) at 43 (Lot 165) Marmaduke Point Drive, Gnarabup


REPORTING OFFICER : Lina O’Halloran DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 1070m²

Zone Residential R10

Existing Development √ Single House

☐ Grouped Dwelling

Nature of application Holiday House (renewal)

Proposed use A planning application has been received for the renewal of the Holiday

House. As previously approved, the existing dwelling is to be used to

accommodate up to 8 short stay guests at any one time. The existing

management arrangements are to be retained and the duration of the

approval sought in this case is 5 years.

Permissible Use Class ‘A’ – discretionary use

Advertising Required Yes - completed

Reason not exempted from

planning approval?

Discretionary uses are not permitted unless the Shire exercises its

discretion by granting development approval.

Heritage/Aboriginal Sites N/A

Encumbrance N/A

Date Received 11 November 2020

Date of Report 7 December 2020

Planning History A 12 month approval (P212298) was issued on 13 November 2012 for a holiday house for 8 guests. A 3 year approval (P213349) was issued on 18 September 2013 for a holiday house for eight (8) guests. A 3 year approval (P216717) was issued on 2 March 2017 for a holiday house for 8 guests. Although a 5-year term was requested, a noise compliant was received during the approval period of P213349 and therefore another 3 year approval was issued.

Is the application same as previous?

√ Yes ☐ No

Have there been any objections? ☐ Yes ☐ No

3 x submissions received – 2 x support, 1 x objection


Have there been any complaints over the recent period of approval?

☐ Yes √ No

Have there been any substantial changes to the LPS1 or Policy?

√ Yes ☐ No

Local Planning Policy 7 – Short Stay Accommodation was revised in September 2018.

Officer comments:

No special conditions were applied to the previous approval. A photo of the sign showing the manager details are viewable from the nearest street front has been submitted. A bushfire management plan (BMP) for the site has been submitted with the application, which includes the BAL rating (12.5) and a bushfire emergency evacuation plan (BEEP).

Comments Received

Nature of Submission Officer Comments

Support: Holiday House has been operating for a very long time, providing a place for families to experience and enjoy the region.

Noted.

Support: Happy with guest numbers but would like to remove approval for pets – many guests leave dogs unattended at the property despite being instructed not to. Would like a 2 -3 year approval as a lot can happen in 5 years.

The applicant has advised pets will no longer be allowed at the holiday house. Exceptions will be made to honour existing bookings which include pets, but pets will not be allowed for all future bookings. Noted. Comments to address approval period provided below.

Object: Object to a 5 year approval period and suggest that 1-2 years is more reasonable.

The holiday house has received three previous approvals. One complaint was lodged in the seven years the use has been approved to operate. No complaints were received in the last approval period. The Local Planning Policy 7 – Short Stay Accommodation (LPP7) allows for an approval period of five years where the Local Government is satisfied the holiday house has been appropriately managed and has been previously approved for one and three years. While the comments seeking a more limited approval time frame are noted, the proponent has responded to the concerns raised by changing the house rules and not taking future guests with pets. The steps taken are considered adequate to respond to the concerns raised and further five year approval is recommended.

Recommended period

of approval

☐ 12 months ☐ 3 years √ 5 years

OFFICER RECOMMENDATION That the Statutory Planning Coordinator GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to clause 68 (2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Holiday House Large (Renewal) at 43 (Lot 165) Marmaduke Point Drive, Gnarabup 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 to P2 received by the Shire on 8 December 2016

2. The Holiday House use is permitted for a period of five (5) years from <end of previous period of approval> to <end of period of approval>. (Refer to advice note ‘a’)

3. The approved Bushfire Emergency Evacuation Plan shall be displayed in a conspicuous location within the dwelling at all times.

4. A Manager or a contactable employee of the Manager that permanently resides no greater than a 35 minute drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 35 minutes 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 to advice note ‘b’).

5. At all times the Holiday House use is in operation, the 24-hour contact details of the Manager of the Holiday House shall be displayed on a sign that is clearly visible from the nearest street frontage. The sign is limited

to a maximum size of 0.2 metres square and not exceeding 1.5 metres in height from ground level. The sign shall be erected within the property frontage and must be visible from the street front. (Refer to advice note ‘c’)

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

7. The short stay use of the dwelling shall not be occupied by more than eight (8) people at any one time.

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

9. ‘House Rules’ shall be developed to the satisfaction of the Shire and shall be used at all times the Holiday House use is in operation. The ‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer to advice note ‘f’)

10. Any marketing material for this Holiday House shall include display of the planning approval reference number for this approval. (Refer to advice note ‘g’)

ADVICE NOTES a) A new planning application seeking approval should be submitted 90 days before the expiry of this approval,

along with the appropriate planning fee. 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. c) Evidence of installation of the sign will be required to be provided, to the satisfaction of the Shire, at the time

an application to renew the Holiday House use is lodged. d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. e) You are advised of the need to comply with the requirements of the following other legislation:

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

(ii) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined 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). In accordance with the commitment provided by the proponent, the House Rules are also required to show that pets will not be permitted on site for future guests.

g) Evidence of the display of the planning approval reference number within the marketing of the Holiday House is required to be provided, to the satisfaction of the Shire, at the time an application to renew the Holiday House use is lodged. Applicants are advised to include a screenshot of the website to show that the planning approval reference number is being displayed.

h) Please note that the Shire does not notify landowners in writing of the expiry of a Holiday House planning approval. It is the owner’s responsibility to monitor and ensure that the planning approval remains valid while the use is being undertaken.


Proposed Dwelling (Amendment to Approval P220498) 33 (Lot 5) Mitchell Drive, Prevelly


REPORTING OFFICER : Lucy Gouws DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 968m2


Proposed Development A development application was lodged in September 2020 for an 8.2m high dwelling on the site. The application was advertised and one objection to the height variation was received. Noting the time critical nature of the proposal, and based on liaison with the proponent, the application was granted conditional approval (P220498) in November subject to compliance with the 8m height limit. This effectively addressed the concern raised in the objection and the application was not referred to DAU. The proponent now seeks review of the condition limiting the height to 8m and accordingly has lodged the subject application to amend the previous determination. The application now proposes the dwelling with a height variation of 0.2m over 1% of the roof area. The application is presented to DAU due to the objection previously lodged to the height variation. The variation is minor and is considered acceptable when assessed against the provisions of Local Planning Scheme No. 1. The application is recommended for approval subject to compliance with a maximum 8.2m height limit.

Permissible Use Class ‘P’ - permitted

Heritage/Aboriginal Sites n/a – existing developed site

Encumbrance Nil


Date of Report 7/12/2020

Policy Requirements

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

Structure Plans and Local Development Plans (LDP’s)

Is the land in any Structure Plan Area or subject to a LDP? ☐ Yes √ No

Planning History

DA approved (ref P220498) for 2 storey dwelling.


Advertising/Agency Referrals

Has the application been referred to adjoining landowners?

√ Yes ☐ No ☐ N/A

Previous application (P220498) was referred to neighbouring landowners.

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

No. received: 2 (1 x objection; 1 x support)

Details of Submission Officer Comment

Support – the positioning of the

house shows sensitivity to

neighbours.

Noted – the previous planning consent was granted conditional approval.

Objection - to height variation

which is unnecessary &

undesirable to neighbouring

properties.

The proponent submitted the following response regarding the impact of the proposal

to views enjoyed from neighbouring properties:

“The proposed development will have no impact on views. Properties to the rear with

a view have significantly higher natural ground levels than Lot 5, so that the apparent

bulk of the building on lot 5 will be significantly less than if the lots had been at the

same level. The ground level on lot 22 at the rear boundary is 7.92m and therefore

the proposed ridge height of 13.92 will have an apparent height of 6.03m when viewed

from the lowest part of that lot. Natural ground levels on Lot 22 continue to rise

substantially from that point”.

The submission raises an objection based on the necessity of the variation and its

undesirability to neighbouring properties. The submission does not raise objections

to the variation due to an unreasonable adverse impact that would be experienced

by a neighbouring affected property.

The Scheme provides for variations to development standards namely at clause 5.5,

discretion to modify, and at clause 5.13.1 in relation to height. These are discussed

further below and bring us to the conclusion that the variation to height in this case is

of a minor nature, would not have an unreasonable adverse impact to the amenity

and enjoyment of neighbouring properties including the view enjoyed from those

properties, and is within the scope of consideration in accordance with Scheme

standards.

While the concern raised is noted, it is considered that the objection does not warrant

refusal to the height variation in this case.

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 Req’d Provided Officer comment

Development Standards (Schedule 9)

Are the development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - 2 Car Bays Proposed - 2

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

Turning Bay/Circles and vehicle

maneuvering √ Complies ☐ Doesn’t Comply

Building Height

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

State the proposed building height Wall – 6.5m

Roof – 8.2m ☐ Complies √ Doesn’t Comply

Officer Comment

Building Heights – Clause 5.13

Building heights are assessed against the provisions of the Local Planning Scheme No. 1 (the

Scheme). Variations to the height limits are assessed pursuant to Scheme clause 5.13.2.

The applicant has put forward a number of reasons to support the height variation. Below is a

summary of these reasons, along with officer comments.

1. Variation for the roof height of 8.2m equates to less than 1% of the total roof area. This is highlighted in Figure 1 below which shows the portion of roof that exceeds 8.2m.

Figure 1: Extent of over height portion of the roof

2. The topography of the Site slopes down from east to west and the design of the dwelling steps down following the natural ground levels. The majority of the dwelling is designed to comply with the 8m height limit. A small portion of the roof exceeds the 8m height limit as shown in Figure 2 below.

Figure 2: Extent of the over height portion of the roof on the side (eastern) elevation

3. The location of the building is central within the Site, with a footprint that results in 84.5% of the Site remaining as open space. The section of roof that is over height is located centrally on the Site, reducing its visibility from neighbouring lots.

4. The location of the building is not on the highest area of ground level on the Site which is to the rear. The building could have been located on higher ground level toward the rear which would have increased the overall height and bulk impacts of the building.

5. The topography of the surrounding landscape rises behind the dwelling to the south and east. Neighbouring dwellings are located on higher ground levels and existing vegetation between lots screens views between the dwellings.

In spite of the height variation, the proposal is not considered to cause unreasonable adverse

impact to the amenity of neighbouring properties. The proposed height variation is considered

acceptable and is supported under the provisions of clause 5.13.3 of the Scheme.

Clause 5.5 of the Scheme provides for variations to site and development standards and allows

the local government to consider a development that does not comply with a standard of the

Scheme. Clause 5.5 gives discretion to modify where the local government sees fit. In this case,

the height variation is considered acceptable and is recommended to be supported.

Clause 67

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.

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?

Yes

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

No, as discussed above.

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

addressed at building permit

stage.

Other Comments

Any further comments in relation to the application?

Officer Comment

The height variation is not considered to have an adverse impact on the amenity of the locality

or the adjoining properties. The application is recommended for conditional approval.

The recommended amendment to conditions of the approval (ref P220498) are as follows:

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.


P1 – P3 received at the Shire offices on 1 September 2020.

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.

3. The building shall not exceed eight (8) 8.2 metres in height from natural ground level in

accordance with the provisions of Local Planning Scheme No.1. Details shall be

submitted with the building permit.

4. A licenced surveyors report shall be submitted to the Shire within 30 days of completion

of the building to confirm compliance with the maximum height limit.

5. At all times, all stormwater and drainage run-off from the development shall be detained

within the lot boundaries and managed to predevelopment flow regimes and/or disposed

offsite by an approved connection to the Shire’s drainage system in accordance with the

Shire of Augusta Margaret River’s Standards & Specifications.

OFFICER RECOMMENDATION That the Manager of Planning and Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Dwelling at 33 (Lot 5) Mitchell Drive, Prevelly 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.


P1 – P3 received at the Shire offices on 1 September 2020.

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.

3. The building shall not exceed 8.2 metres in height from natural ground level in accordance with the provisions of

Local Planning Scheme No.1. Details shall be submitted with the building permit. 4. A licenced surveyors report shall be submitted to the Shire within 30 days of completion of the building to confirm

compliance with the maximum height limit. 5. At all times, all stormwater and drainage run-off from the development shall be detained within the lot boundaries and

managed to predevelopment flow regimes and/or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River’s Standards & Specifications.

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

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

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

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


Proposed Holiday House (Renewal) 84 (Lot 2) Turner Street, Augusta

Major (Level 2) P220701; PTY/10121 REPORTING OFFICER : Angela Satre DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 812m²


Existing Development √ Single House

☐ Grouped Dwelling

Nature of application Holiday House (renewal)

Proposed use A planning application has been received for the renewal of the Holiday

House. As previously approved, the existing dwelling is to be used to

accommodate up to six short stay guests at any one time. The existing

management arrangements are to be retained and the duration of the

approval sought in this case is three (3) years.

Permissible Use Class ‘A’ – discretionary use

Advertising Required Yes - completed

Reason not exempted from

planning approval?

Discretionary uses are not permitted unless the Shire exercises its

discretion by granting development approval.

Heritage/Aboriginal Sites N/A

Encumbrance N/A


Date of Report 18/12/2020

Location Map

Planning History A 12 month approval (P219414) was issued on 20 August 2019 for a holiday house for six (6) guests. A three (3) year approval (P220701) is now requested for the holiday house for six guests.


Is the application same as previous?

√ Yes ☐ No

Have there been any objections? √ Yes ☐ No

Have there been any complaints over the recent period of approval?

☐ Yes √ No

Have there been any substantial changes to the LPS1 or Policy?

☐ Yes √ No

Officer comments:

One submission was received during the advertising period for the application. The submission was in ‘support’ of the application however the author raised concerns. Accordingly, the application is referred to DAU.

Comments Received

Nature of Submission Officer Comments

Support – would like to limit partying and noise levels to inside the house after 10pm as had some experience over the seven months of high noise late at night.

The dwelling has a first floor balcony on the west elevation. The balcony is well setback from boundaries (8m to the side and 15m to the rear). The submitter has explained that on occasions however the presence of guests on the balcony has caused a noise issue. In response to the concern, the proponent has provided updated house rules reiterating the booking conditions (forfeit of bond if there is evidence of parties, noise should cease after 10pm particularly on the balcony & that guests risk forfeit of bond if there are noise complaints). It is noted that the submission was not an objection however sought attention to the concern about noise generated by use of the balcony. The matter of noise from people gathering on balconies can create a nuisance. A requirement for people to return inside and not use an outside area however is not considered realistic when the use is otherwise being managed effectively and guest behaviour is within the terms of the house rules. It is also noted that no other objections or complaints to the use have been received. The measures taken by the manager are considered reasonable in this case and approval for a limited time frame of three years is recommended.

Recommended period

of approval

☐ 12 months √ 3 years ☐ 5 years

OFFICER RECOMMENDATION That the Statutory Planning Coordinator GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to clause 68 (2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Holiday House (Renewal) at 84 (Lot 2) Turner Street Augusta 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 to P3 received by the Shire on 5 July 2019

2. The Holiday House use is permitted for a period of three (3) years from …… to ….. 2023. (Refer to advice note ‘a’)

3. The approved Bushfire Emergency Evacuation Plan and Bushfire Management Plan shall be displayed in a conspicuous location within the dwelling at all times.

4. A Manager or a contactable employee of the Manager that permanently resides no greater than a 35 minute drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 35 minutes 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 to advice note ‘b’).

5. At all times the Holiday House use is in operation, the 24-hour contact details of the Manager of the Holiday House shall be displayed on a sign that is clearly visible from the nearest street frontage. The sign is limited to a maximum size of 0.2 metres square and not exceeding 1.5 metres in height from ground level. The sign shall be erected within the property frontage and must be visible from the street front. (Refer to advice note ‘c’)

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

7. The short stay use of the dwelling shall not be occupied by more than six (6) people at any one time.

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

9. ‘House Rules’ shall be developed to the satisfaction of the Shire 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 to advice note ‘f’)

10. Any marketing material for this Holiday House shall include display of the planning approval reference number for this approval. (Refer to advice note ‘g’)

ADVICE NOTES a) A new planning application seeking approval should be submitted 90 days before the expiry of this approval,

along with the appropriate planning fee. 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. c) Evidence of installation of the sign will be required to be provided, to the satisfaction of the Shire, at the time

an application to renew the Holiday House use is lodged. d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. e) You are advised of the need to comply with the requirements of the following other legislation:

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

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

g) Evidence of the display of the planning approval reference number within the marketing of the Holiday House is required to be provided, to the satisfaction of the Shire, at the time an application to renew the Holiday House use is lodged. Applicants are advised to include a screenshot of the website to show that the planning approval reference number is being displayed.

h) Please note that the Shire does not notify landowners in writing of the expiry of a Holiday House planning approval. It is the owner’s responsibility to monitor and ensure that the planning approval remains valid while the use is being undertaken.

Documents

DEVELOPMENT ASSESSMENT UNIT On 15 December 2020 Minutes...Alfresco 220654 14/12/2020 A2648 Unit 10 / 410 (Lot 10) (Pinot Way) Bussell Highway, Margaret River Single Dwelling, Carport