DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 14 June 2016

ATTENDANCE Chris Wenman, Lara Hoole, Matt Cuthbert, Jason Heine APOLOGIES Nil CONFIRMATION OF MINUTES Minutes of meeting dated 7 June 2016 confirmed as correct. PLANNING APPLICATIONS RECEIVED Date Rec’d Assess

No. Address Proposal DA No.

07/06/2016 A9188 1 (Lot 24) Honeytree Grove, Cowaramup Outbuilding (Shed) P216304 07/06/2016 A4752 Lot 1 (Loc 2902) Crozier Road, Rosa

Brook Outbuilding (Shed) P216305

07/06/2016 A6344 18 (Lot 9) East Wilmott Avenue, Margaret River

Outbuilding (Shed) P216306

08/06/2016 A4711 8 (Lot 40) Duggan Drive, Cowaramup Dwelling Additions (Carport) P216309 08/06/2016 A1085 Lot 945 Wallcliffe Road, Margaret River Agriculture Intensive (Vineyard

Additions) P216310

08/06/2016 A3898 1 (Lot 2) Mansfield Avenue, Margaret River

Storage Building (Sea Container) P216311

09/06/2016 A6364 18 (Lot 80) The Boulevard, Margaret River

Ancillary Dwelling P216312

09/06/2016 A4875 Lot 41 & Lot 472 Ironstone Place, Margaret River

Subdivision P216313

10/06/2016 A2736 15 (Lot 74) Barrett Street, Margaret River Dwelling Additions and Ancillary Dwelling

P216315

BUILDING LICENCE APPLICATIONS RECEIVED Date Rec’d Assess

No. Address Proposal BLDG

No. 10/06/2016 A11973 Lot 8 Offshore Crescent, Margaret River Shed & Patio 216255 09/06/2016 A11258 129 (Lot 42) Freshwater Drive, Burnside Dwelling 216254 08/06/2016 A7909 2 (Lot 507) Bankside Retreat, Riverslea Application to Extend a Building Permit

214117 216252

08/06/2016 A3898 Lot 2 Mansfield Road, Margaret River Sea Container 216253 07/06/2016 A12159

A9449 (Lot 8) 438 /461 Osmington Road, Bramley

Dwelling 216250

SUBDIVISIONS DETERMINED Date Rec’d Officer DA No. Address Description of Matter Recommendation 30/09/2014 Matt

Cuthbert P214500 Lot 449 Milyeannup Coast Road,

Scott River Subdivision Supported

29/04/2016 Rachel Moftah

P216236 Lots 1, 13, 400, 401 and 999 Wallcliffe Road / Lots 14, 45 and 46 Rigby Street and Lot 149 Clarke Road, Margaret River

Amalgamation / Subdivision

Supported

LEVEL 1 APPLICATIONS for Determination by Director Date Rec’d Officer Address Proposal Outcome DA No. 03/05/2016 Rachel

Moftah 7 (lot 2) Lilly Street, Augusta Outbuilding Ancillary to

Dwelling Approved P216242

04/05/2016 Rachel Moftah

53B (Lot 433) Ironstone Place, Margaret River

Dwelling Approved P216244

09/05/2016 Johan Pienaar

9 (Lot 4 ) Samworth Street, Margaret River

Dwelling and Ancillary Studio Approved P216255

09/05/2016 Rachel Moftah

50 (Lot 721) Burke Circle, Cowaramup

Dwelling and Ancillary Dwelling

Approved P216256

11/05/2016 Rachel Moftah

129 (Lot 42) Freshwater Drive, Burnside

Dwelling Approved P216260

10/03/2016 Rachel Moftah

Lot 313 Osmington Road, Osmington

Dwelling and Water Tank Approved P216142

15/03/2016 Rachel Moftah

Lot 103 Gnarawary Road, Margaret River

Dam Approved P216151

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

DAU Meeting DA No.

21/03/2016 Lara Hoole

11 (Lot 222) Wise Road, Margaret River

Family Day Care use of Existing Dwelling

Approve P216169

LOCAL LAW PERMITS Date Rec’d Officer Address Proposal Outcome DA No.

OTHER APPLICATIONS determined under delegation Date Rec’d Officer Address Proposal Outcome DA No.

COMPLIANCE Date Rec’d Officer Address Proposal Outcome DA No. ELECTED MEMBERS ATTENTION Date Rec’d Officer Address Proposal Outcome of

DAU Meeting DA No.

CLOSURE OF MEETING

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning Services Proposed Family Day Care: 11 (Lot 222) Wise Road, Margaret River Major (Level 2) P216169; PTY/10125

REPORTING OFFICER : LH DISCLOSURE OF INTEREST : Nil General Information Lot Area 2664sqm Zone Residential (R5) Proposed Development Planning approval is sought to operate a Family Day Care caring for a

maximum of seven (7) children (including the applicant’s children). The children are to range from 0 to 12 years of age. The Family Day Care use is to be operated within a play room, sleep room, actively room, and alfresco/outdoor area. Preparation of and storage of food will be in the kitchen. A relief staff member is proposed to operate the family day care use when the applicant is on holidays or other reasons when the applicant is not available to work. Operating hours proposed to commence 9am to 5pm, 3 days per week with the aim to increase operation to 8am to 5.30pm, 5 days per week.

Permissible Use Class ‘A’ (requires advertising) Heritage/Aboriginal Sites Not listed. Encumbrance The proposed use will not impact the drainage easement that exists along

the eastern side boundary. Date Received 21/03/2016 Aerial extract

Policy Requirements Is the land or proposal referred to in any Council Policy? ☐ Yes √ No Structure Plans and Local Development Plans (DAP)

The Site

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

Private Submission (Objection)

• I wouldn’t buy next door to a Day Care Centre of any type.

• We are looking to sell our property and the use could potentially devalue and negative impact on our property.

• The street has a quiet, low key appeal.

The property is located across the road and the play area is located on the other side of the dwelling from the submitter’s property. The property is a large 2664sqm lot. The outside play area (460sqm) is located in the centre of the lot extending to the northern rear and southern front boundary. The maximum number of children that can be cared for at any one time is seven (7). No more than 4 can be preschool age or under. Children aged 5 years and older will be attending kindergarten, or school and will generally require after school care (3pm onwards). The majority of the day, there will only be 4 children under the age of 5 years. The service provider has two children. The maximum number of children that can be cared for of non-family members of the service provider is five. The proposed Family Day Care will be primarily operate within normal school and business hours and will have no more children on the premises than a large family similar to the noise level of neighbours with several children. The Family Day Care use is not proposed to operate on weekends. The very nature of a Family Day Care is that they are operated from family homes of which the vast majority of family homes are located in residential areas.

Private Submission (Objection)

• Increased noise, traffic and nuisance. • Five existing residences are already

impacted by ‘Home Businesses’: mini-bus pressure washing and vacuuming, cleaning vans up and down the street and industrial machinery noise from the plumber on Wise Road.

• Croft Road is a small street, used as a thoroughfare to oval and town. There is no footpath or lighting.

• 60% of residences on this small street are units and don’t have the large block to buffer any nuisance.

• Should be able to enjoy peace and quiet at home in a residential area.

Two car parking bays behind the garage will be conditioned to be designated and formalised for FDC use utilising a single crossover. The drop off and pickup times will be conditioned to be staggered to reduce traffic and parking congestion. Croft Road is a straight sealed well maintained road with a 50kmph maximum speed limit. The road is mainly used as a thoroughfare by nearby residents on Wise Road. The street has 6m wide road reserve on either side of Croft Road and is fairly level. It is likely that that Family Day Care use will attract clientele that have concerns for safety as they would be parents delivering their children. The Family Day Care would have minor traffic levels and minimal impact on the residents in the immediate vicinity due to the regulations of maximum children. The FDC will operate during normal business hours during the week and is not proposed to operate on the weekends. Under Local Planning Scheme No. 1 provides a home office and home

occupation are ‘P’ (permitted) uses in a Residential zone. A Home Business can also be approved at the discretion of local government. It is an expectation that a mixture of residential and low impacting home occupation/business uses are likely to be found within areas zoned residential. Three units in Croft Road at Lot 1 are located on a large 1721sqm lot. In addition the proposed play area is setback 37m from the nearest adjoining boundary to lot 1 and the proposed outdoor play area is screened by established trees and shrubs and an adjoining boundary fence. Two units at Lot 15 Croft Road across the road to the southeast of the subject site are located on a large 1359sqm lot. The use is required to comply with the Environmental Protection (Noise) Regulations 1997 (reviewed March 2014) which provide maximum noise levels permitted during the day and night with peak noise levels permitted during 7am to 5pm which is normal school and business hours.

Private Submission (Objection)

• Privacy impacts. The site looks over my outdoor living areas, home entry and gardens.

• Already 2 home businesses and 2 tradesmen using their land as depots.

• Subdivisions and building, Gloucester Park, Rails to Trails impacting on this little street with noise and pollution.

The proposed outdoor play area and dwelling are setback more than 37metres from the adjoining land to the east. The use will be screened by existing vegetation and dividing fence. Home occupations/businesses can apply for approval in a residential zone. The Family Day Care would have minor traffic levels and minimal impact on the residents in the immediate vicinity due to the regulations of maximum children.

Private Submission (Objection)

• Increased noise and reduced privacy. • The day care shares 23metres of our

boundary and a 1.2metre pool fence is insufficient in reducing the impact of having 7 small children strain into my yard from 8am to 6pm five days a week.

• My children and their visiting friends will be drawn to children next door as they will be able to see them.

• A solid Colorbond or pine fence would reduce the impacts.

• Request a review of the use in 12months to provide opportunity to review any issues that may arise.

• Concerns of long operational hours (8 -6), large number of children and lack of school holiday breaks.

The applicant has advised that a 1.8meter high x 23metres long solid fence along the northern side boundary of the day care children’s play area can be constructed instead of a 1.2metre open pool fence. The adjoining landowner is supportive of this. Approval is recommended for a period of 12months after which upon application for renewal the use will be advertised to surrounding landowners for a review/comment on the operation of the FDC over the previous year.

Private Submission (Objection)

• We brought our property because of the large block and quiet surrounds. The proposed Day Care’s outdoor area shares 23metrs of our boundary. This is 12metres from my daughter’s bedroom window.

• Concerns our privacy and quiet property will be compromised.

• The pool fence will do nothing to minimise noise or any visual privacy issues.

• Concerns late 6pm finish time as our young children are put to bed at 6pm

As discussed a 1.8m high solid dividing fence is proposed to reduce noise and enhance privacy. The applicant proposes for maximum operating times to be from 8am to 5.30pm, five days per week during normal business hours is considered appropriate within a residential area. A 12month initial approval is recommended to provide a review if an application for renewal is received.

most nights. 5pm seems more reasonable.

• I would be more supportive of the proposal is a large, solid fence was provided to reduce noise and enhance privacy.

• An annual review of the use should be required.

The use is required to comply with the Environmental Protection (Noise) Regulations 1997 (reviewed March 2014) which provide maximum noise levels permitted during the day and night with peak noise levels permitted during 7am to 7pm.

Private Submission (Objection)

• I bought in to a residential area and if this business is approved it will set a precedent for others to do the same and affect the quiet nature of the area.

Home Occupations/Business can be applied for and approved on any lot zoned Residential.

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

Environmental Health Services The use is required to comply with the following: • Environmental Protection (Noise) Regulations

1997 and the Education & Care Services National Law (WA) Act 2012;

• Education & Care Services Regulations 2012; and

• Food Act 2008 and Food Regulations 2009. Infrastructure Services Parking can be provided utilising the existing

driveway/crossover. A second access/crossover is not supported.

Assessment of Application Development History P215542 Dwelling approved 13/11/2015.

Building permit for a Dwelling issued 18/11/2015.

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

Local Planning Scheme No. 1 (LPS1) Under Local Planning Scheme the following definition is provided:

“family day care” means a premises used in accordance with the Child Care Services Act 2007 to provide a child care service, at a place where:

a) The person providing the service lives; and b) None of the children to whom the service is provided live.

The above definition was taken directly from the Child Care Services Act 2007 (CCSA) definition of ‘family day care service’. The definition has since been amended and a new Act title ‘Education and Care Services National Law (WA) Act 2012’ has been created to provide for specific local issues and provides definition of family day care services that is similar to that of CCSA. An omnibus amendment to LPS1 has been adopted at an Ordinary Meeting of Council. The following amendment is to replace the current definition:

‘family day care’ means a premises used in accordance with the Education and Care Services National law (WA) Act 2012 – to provide a child care service, for no more than 7 children at any one time.

The proposed use is consistent with the omnibus amendment and the current legislation. Schedule 12 Carparking Family Day Care (FDC) is not defined in Schedule 12. However, Educational Establishments are defined to include child/day care centres and this is the most suitable corresponding land use to the proposal. The parking requirements for Educational Establishments states that in relation to parking;

‘To be determined by the local government in each case having regard to the number of teachers in attendance at any one time and the number of support personnel also in attendance’.

Officer Comment In this case the landowner is generally the sole operator of the FDC. There is space on

site for 4 parking bays. Two parking bays within the garage provide parking for the Residential Dwelling use and 2 bays behind in tandem shall be conditioned to be designated for FDC use within the property boundaries. Vehicles attending the site for FDC services are likely to be at various times and for short periods only (for pick and drop off). It is recommended that the two parking bays be formalised with staggered pick up and drop off times. The crossover to the site is sealed.

Car Parking LPS1 / R Codes Requirement

Car Bays Required - To be determined by local government.

Car Bays Proposed - 6 existing bays. Two proposed for the FDC.

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

Parking complies with the requirements. The proposed Family Day Care use does not affect the premises being used as a dwelling.

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

Deemed Provisions of the Scheme? Officer Comment

Yes.

B. In the opinion of the officer: i. Are utility services available and

adequate for the development? Yes.

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

N/A

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

N/A

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

No.

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

N/A

Officer Comment

The proposed use is generally consistent with the Local Planning Scheme No.1 (LPS1). The use will not impact on the amenity of the area considering the scale of the use. The application is recommended for a twelve month conditional approval.

OFFICER RECOMMENDATION That the Acting Manager of 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 Family Day Care use of Existing Dwelling at 11 (Lot 222) Wise Road, 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 to P3 received by the Shire on the 21 March 2016.

2. The Family Day Care use is limited to a period of twelve (12) months from the date of this approval. (P)

(Refer to advice note ‘a’) 3. A maximum of seven (7) children at any one time are permitted to attend the Family Day Care. (P) 4. The vehicle crossover shall be constructed to minimum standard 2 coat bitumen seal and designed,

constructed and drained in accordance with the Shire's crossover standards and specifications, prior to the occupation of the development.

5. Two sign posted carparking bays shall be provided for the Family Day Care use located in tandem in front

of the garage. Two carparking bays shall be provided for the Family Day Carer and the residents of the dwelling.

6. All vehicles connected with the Family Day Care including loading and unloading activities must be within

the boundaries of the premises. (P) 7. Vehicle visits to set down and pick up children must be staggered to ensure that vehicles park within the

boundaries of the premises at all times. (P) 8. A 1.8metre high solid fence shall be provided for a section along the northern side boundary shown on the

approved site plan as ‘marked in red’ 9. The Family Day Care shall not operate outside the following timeframes:

i) 8.00am to 5.30pm Monday to Friday. 10. The Family Day Care approval does not affect the entitlement to use the dwelling for permanent residential

purposes.

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) 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; and

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

c. The Family Day Care, hereby approved, needs at all times to comply with the Education & Care Services

National Law (WA) Act 2012 and Education & Care Services Regulations 2012. (P) d. You are advised to contact the Shire’s Environmental Health Services in respect to complying with the

Food Act 2008 and Food Regulations 2009. The following information sheets are available:

i) Family Day Care Food Management Plan Checklist; ii) How to prepare a Food Management Plan; and iii) Guideline for Registration of a Food Business Family Day Care. (H)

e. The use is required to comply with the Environmental Protection (Noise) Regulations 1997. f. You are advised that a second crossover requires approval from the Shires’ Infrastructure Services. You

can contact Infrastructure Services on 9780 5280.