17
Ordinary Meeting of Council 7 September 2016 Page 1 3.4 PROPOSED GROUPED DWELLING - LOT 10 (NO.4260) WEST SWAN ROAD, WEST SWAN (DA344-16) Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning) Disclosure of Interest: Nil. Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES The application is for a second dwelling which is classified as a 'Grouped Dwelling'. The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City’s Local Planning Scheme No.17 (LPS17). A 'Grouped Dwelling' is an 'A' use in this zone. The Deemed Provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 require due regard to be given to the draft Swan Valley Development Plan 2015 effectively as if it were an amendment to the City’s Local Planning Scheme that the local government is seriously considering adopting. The draft Swan Valley Development Plan Designates a 'Grouped Dwelling' as an 'X' use in the Swan Valley Rural zone. The application was referred to the Swan Valley Planning Committee (SVPC) which resolved that the application is inconsistent with Objectives 8.4, 8.6 and 8.7 for Area B of the Swan Valley Planning Act 1995 and recommended it not be approved. The application was advertised to nearby landowners for a period of 14 days, where 6 submissions were received; 3 objecting to the proposal and 3 offering no objections. City staff, considering the advice of the Swan Valley Planning Committee and having due regard to the draft Swan Valley Development Plan 2015, consider the application to be inconsistent with the objectives of the Swan Valley Rural zone as set out under Local Planning Scheme No.17. It is recommended that Council refuse to grant approval to the application for a Grouped Dwelling on Lot 10 (No.4260) West Swan Road, West Swan, pursuant to Local Planning Scheme No.17 for the following reasons: 1. Development of a grouped dwelling on the subject lot is not considered to be consistent with the objectives of the Swan Valley Rural zone under the City of Swan Local Planning Scheme No.17, inclusive of Planning Objectives 1, 4 and 7 for Area B under the Swan Valley Planning Act 1995 because it will impair the capacity of the land to be used for productive rural activity, be it viticulture or some other form of horticulture; and 2. Development of a grouped dwelling is not consistent with the intent of the Draft Swan Valley Development Plan 2015, where such use is designated an 'X' use for the Swan Valley Rural zone.

Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 1

3.4 PROPOSED GROUPED DWELLING - LOT 10 (NO.4260) WEST SWAN ROAD, WEST SWAN (DA344-16)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application is for a second dwelling which is classified as a 'Grouped Dwelling'.

• The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City’s Local Planning Scheme No.17 (LPS17). A 'Grouped Dwelling' is an 'A' use in this zone.

• The Deemed Provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 require due regard to be given to the draft Swan Valley Development Plan 2015 effectively as if it were an amendment to the City’s Local Planning Scheme that the local government is seriously considering adopting.

• The draft Swan Valley Development Plan Designates a 'Grouped Dwelling' as an 'X' use in the Swan Valley Rural zone.

• The application was referred to the Swan Valley Planning Committee (SVPC) which resolved that the application is inconsistent with Objectives 8.4, 8.6 and 8.7 for Area B of the Swan Valley Planning Act 1995 and recommended it not be approved.

• The application was advertised to nearby landowners for a period of 14 days, where 6 submissions were received; 3 objecting to the proposal and 3 offering no objections.

• City staff, considering the advice of the Swan Valley Planning Committee and having due regard to the draft Swan Valley Development Plan 2015, consider the application to be inconsistent with the objectives of the Swan Valley Rural zone as set out under Local Planning Scheme No.17.

It is recommended that Council refuse to grant approval to the application for a Grouped Dwelling on Lot 10 (No.4260) West Swan Road, West Swan, pursuant to Local Planning Scheme No.17 for the following reasons:

1. Development of a grouped dwelling on the subject lot is not considered to be consistent with the objectives of the Swan Valley Rural zone under the City of Swan Local Planning Scheme No.17, inclusive of Planning Objectives 1, 4 and 7 for Area B under the Swan Valley Planning Act 1995 because it will impair the capacity of the land to be used for productive rural activity, be it viticulture or some other form of horticulture; and

2. Development of a grouped dwelling is not consistent with the intent of the Draft Swan Valley Development Plan 2015, where such use is designated an 'X' use for the Swan Valley Rural zone.

Page 2: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 2

AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS 17) and Clause 68(2) of Schedule 2 of Part 9 of the Planning and Development Act (Local Planning Schemes) Regulations 2015 to approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Altus Planning and Appeals - Joe Algeri Owner: Sebaat and Ramiz Shema Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: Swan Valley Planning and Development Act

Local Planning Policy POL-C-009 Grouped Dwellings in Rural Zones Local Planning Policy POL-TP-126 Building and Development Standards - Rural Zones

Development Scheme: Local Planning Scheme 17 Existing Land Use: Single House Lot Size: 1.134Ha Use Class: Grouped Dwelling “A”

DETAILS OF THE PROPOSAL

The application consists of the following:

• A second 5 bedroom 3.5 bathroom dwelling located at the rear of the existing dwelling.

• The proposed dwelling is to be single storey and constructed of brick and tile.

• The dwelling is proposed to be set back approximately 30m east of the existing sheds, 7m from the northern boundary, and approximately 15m from the southern property boundary.

DESCRIPTION OF SITE

The subject site is located approximately 300m north of Reid Highway and 700m west of the Swan River. It currently contains one Single House and associated outbuildings. The subject site is affected by aircraft noise, being the 20-25 ANEF Contour zone.

Page 3: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 3

APPLICANT'S SUBMISSION

• The dwelling is intended to be used by the extended family of the applicant.

• Schedule 5 of Local Planning Scheme No.17 would otherwise exempt Grouped Dwellings in the Swan Valley Rural zone if it meets certain criteria. The reason the application requires planning approval is due to aircraft noise and setback variations only, which will not have a detrimental impact on the adjoining landowners.

• The land uses surrounding the subject lot no longer reflect the traditional activities of the Swan Valley area and are now considered to be of a more residential/rural-residential nature.

• There is still a significant area of land that can resume some form of viticultural or horticultural function in the future.

• The City of Swan Local Planning Policy POL-C-009 contradicts the provisions of Schedule 5 of the Local Planning Scheme 17 as previously submitted, as the Policy operates to restrict the number of grouped dwellings to that which the property could be subdivided into.

• The land is subject to aircraft noise, and a notification on the Certificate of Title advising of the potential for noise nuisance is wholly acceptable to the owners and applicant.

PUBLIC CONSULTATION

The application was advertised for a period of 14 days via a sign on site, and letters to all landowners located generally within 200m of the proposed development site, as well as the Swan Valley Progress Association, Swan Valley Residents and Ratepayers and Swan Valley Regional Network.

During this time, 6 submissions were received, being 3 objections and 3 non-objections. The objections received relate to the destruction of the existing rural character, the inappropriateness of the development in its context, and potential conflict with the northern pipeline corridor.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee and considered at its meeting of 5 July 2016 where the Committee resolved:

The Swan Valley Planning Committee resolves to note that:

i. The site has a history of productive intensive agricultural use and a secondary home will quarantine it from being used for viticulture/agricultural uses in the future.

ii. Under the City of Swan Policy (POL-C-009) Grouped Dwellings in Rural Zone the setbacks of the General Zone apply (20m from the side and 30m from the rear).

iii. The lot size of the property is 1.34ha and cannot be subdivided.

Page 4: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 4

The Committee resolves to recommend that the application not be approved as it does not meet the setback requirements and contravenes planning objectives 8.4, 8.6 and 8.7 of the Swan Valley Planning Act 1995 and will have an adverse impact on the rural character of the area.

DETAILS

Local Planning Scheme No 17 Assessment

Zoning and Use Class Permissibility

The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City's Local Planning Scheme No.17 (LPS17). A second dwelling on the subject land renders the existing and proposed new dwelling as 'Grouped Dwellings'. A Grouped Dwelling is an 'A' use within the Swan Valley Rural zone. This means the development is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with clause 9.4 of LPS17.

It should be noted however that there are proposed changes with respect to the planning system with regard to land that is within the Swan Valley. Currently a Bill has been introduced into State Parliament, titled the Swan Valley Protection Bill 2016, one of the purposes of which is to “provide for a Swan Valley Development Plan with the object of protecting the rural character of the Swan Valley”. If enacted into law, this proposed legislation will repeal the Swan Valley Planning Act 1995

The draft Swan Valley Development Plan 2015 proposes a land use permissibility framework that would make 'Grouped Dwelling' an 'X' use in the Swan Valley Rural zone. This plan has been advertised for public comment and has reference in a proposed piece of state legislation.

Clause 67 of Part 9 (Schedule 2) of the Planning and Development (Local Planning Scheme) Regulations 2015 sets out the matters to which local government is to have due regard in dealing with applications for development approval. This includes amendments to local planning schemes that have been advertised or any other proposed planning instrument that the local government is seriously considering adopting or approving.

One of the features of the proposed new legislation is to make region and local planning schemes consistent with a proposed development plan in a process commensurate with the Ministerial adoption of a development plan. In this instance, if the draft development plan was adopted by the Minister for Planning in its current form, the City’s Local Planning Scheme could be amended accordingly at the same time, or alternatively as soon as practicable thereafter. Therefore at this point in time there is a serious consideration for amending the City’s Local Planning Scheme No.17 to make 'Grouped Dwelling' an 'X' use in this zone.

An examination of the application relative to the current planning framework and proposed new planning framework, to which due regard must be had, is set out hereunder.

Page 5: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 5

Existing Zoning Objectives – Swan Valley Rural Zone

The objectives of the ‘Swan Valley Rural’ zone as they currently exist within the Scheme are to:

(a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

(b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

(c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

(d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995.

The planning objectives for Area B are:

1. The protection of viticulture.

2. The provision of water for viticulture and horticulture and the discouragement of other activities that have high water demands.

3. The encouragement of tourist facilities provided that they do not detract from the rural character of the area.

4. The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.

5. The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan.

5A. The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan, where such facilities are required to service the local community and will not detract from the rural character of the area.

6. The compatibility of design, siting and landscaping with the character of the area.

7. The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area.

8. The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land.

9. The subdivision into lots of less than 4 hectares only where this is consistent with the objectives set out in this section.

10. The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area.

Page 6: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 6

Proposed Purpose and Zoning Objectives under draft Swan Valley Development Plan

The proposed new purpose for Swan Valley Rural zone as set out in the draft Swan Valley Development Plan is:

a) To identify and protect ‘high quality agricultural land’ land whilst allowing other ancillary uses which do not detract from the primary use of the land for agricultural purposes;

b) To exclude subdivision and development proposals that have the potential to impact agricultural resources.

The objectives for the zone under the draft plan are to:

a) To recognise the occurrence of ‘priority agricultural soils’ and to protect this resource from development which would jeopardise their current and future use;

b) To preserve the established rural character and amenity of the area to promote the area primarily as an agricultural, horticultural and landscape resource;

c) To oppose subdivision proposals which would adversely affect the utility of the existing agricultural land for productive purposes through specific subdivision criteria, including the identification of appropriate lot sizes;

d) To manage land use changes so that the rural productivity and the rural character and amenity of land within the zone is preserved;

e) To maintain and enhance the environmental qualities of the landscape and attractive rural scenery of land within the zone, and to promote sustainable environmental management practices; and

f) To allow for the provision of sustainable low-impact tourist development (such as chalet development) but only where an established and continued agricultural, horticultural, viticultural and or other similar rural production can be protected on the land holding and where such uses will be incidental and complementary to that established use.

Both the existing and proposed new objectives for this zone essentially require two things – that the prime agricultural soils to be found on land within this zone are preserved for agricultural use by excluding development that is not associated and ancillary to productive agricultural use and to ensure that rural character is preserved.

It is considered that the zone purpose/objectives of the draft Swan Valley Development Plan expound these requirements more emphatically then the existing zone provisions.

In considering whether or not the development complies with both of these objectives the following is noted:

- The lot currently is not put to any agricultural use;

- There is nothing submitted in the application to suggest the lot cannot be used for productive agricultural use;

- The proposed additional dwelling in conjunction with the existing dwelling will have a site coverage of approximately 30% of the lot area.

Page 7: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 7

- The applicant contends that more than half the lot would remain available for some agricultural use.

- The surrounding area is a mix of lot sizes with smaller lots situated to the south and east of the subject lot and larger lots equivalent to or greater in area then then subject lot to the north and west.

As the land is not put to any agricultural use the proposed grouped dwelling is not ancillary to an agricultural use as articulated as the purpose of the Swan Valley Rural zone in the draft plan.

The extent of the site lost to potential agriculture by building coverage is, at 30% of the lot area, considered significant. This ratio may be exacerbated in its adverse impact on the potential for agricultural production on the lot when considered against the fact that, at 11,343m

2 in area, only approximately 7,500m

2 could be utilised.

In any event it is not possible to arrive at a view that the proposed grouped dwelling is consistent with the purpose of the zone as set out in the draft Swan Valley Development Plan because, as noted, the proposed zoning table in Appendix 2 of the document sets out a 'Grouped Dwelling' as an 'X' use in this zone. Applying the elaborated and refined provisions of the draft plan, as an interpretative aid to the meaning of the current zone objectives in the Scheme, more than one dwelling on a lot in this zone is not ancillary to productive viticulture/traditional agriculture and so should be considered inconsistent with the current zone objectives at a) “promote…horticulture” b) “ensure compatibility with productive rural activities” c) “recognise horticultural soils and scare plastic clays and to protect these” and d) to the extent of the planning objectives 1), 4) and 7) of Area B under the Swan Valley Planning Act 1995 that relate to protection of and compatibility with viticulture and traditional agricultural activities.

In the matter of rural character it has been noted that the subject lot is within an immediate locality that could reasonably be considered to be disparate in terms of lot size and the extent of built form coverage and siting. It could be taken that the proposal would not be out of place with the character and amenity of the smaller 4000m

2 sized

lots to the immediate south and east where site coverage by dwellings and associated outbuildings is greater than 10% of lot area in many instances and in some, at or, approaching the level of 30%. However relative to the land to the north and west, where lots range from one hectare in size up to and beyond 4 hectares, the extent of site coverage is more in the range of 10% of lot area. The proposal, in terms of its site coverage, is not consistent with the characteristics of this part of the locality.

The draft development provides guidance for residential built form in terms of an intention for a ‘rural' architectural vernacular comprising a pitched roof, continuous verandahs and gables, use of iron and zincalume, stonework, brick and tile and timber weatherboard. Large buildings are encouraged to have their mass disaggregated into clustered smaller volumes.

The proposed second dwelling has a pitched colourbond roof and appears to be of brick or brick render construction. It does not incorporate any verandahs. To that extent it is not considered to incorporate architectural features that would give it a “rural” appearance as intended by the draft development plan.

Finally, with respect to siting, the current zoning has no applicable setback requirements within the Scheme, these being negotiable at the discretion of Council. It should be noted that the advice of the Swan Valley Planning Committee, based on its understanding of the proposed development’s compliance with the City’s setback requirements is erroneous.

Page 8: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 8

The draft development plan however prescribes setbacks of 20 metres from the front boundary and 10 metres from the side and rear boundaries. The proposed siting of the second dwelling is some 110 metres from the front boundary, 140 metres from the rear boundary and 14 metres and 7 metres respectively from each of the side boundaries. The principles of the development plan with respect to siting is essentially to provide space commensurate with a rural environment, avoid adverse impact on visual amenity, facilitate privacy between properties and avoid land use conflict and exposure to natural hazards. As the residence on the neighbouring lot to the north is situated to the rear of that property some 100 metres from where the proposed second dwelling on the subject lot will be, the 7 metres side setback is not considered to impair privacy. Neither will it exposure the dwelling to any natural hazards.

On balance City staff do not consider that the proposed second dwelling, by means of its building mass, is inconsistent with the mixed character of the locality but that its architectural style lacks those elements required in the draft development plan to render the dwelling reminiscent of a traditional rural dwelling.

Local Planning Policy POL-C-009 - Grouped Dwelling in Rural Zones

This existing policy is intended to assist in the exercise of discretion in determining applications for grouped dwelling in all rural zones where discretion exists.

The objectives of the policy are to:

"ensure that proposals for grouped dwellings on rural land, are only approved where there will be no negative impacts on the amenity of the area, and are consistent with the objectives of the relevant zone and the provisions of any adopted Rural Strategy or other relevant statutory provisions including the Swan Valley Planning Act"

and

"to minimise the potential for inappropriate residential development in rural areas, which could lead to the fragmentation of rural zoned land."

It is noted that the first objective of the policy in relation to amenity and zoning objectives, inclusive of the Swan Valley Planning Act, have been examined above. To the extent that the application has been found to be inconsistent with the objectives of those instruments, the application is also considered to be inconsistent with the first objective of this policy.

The second objective is, to a significant extent, the basis for the policy provision to limit the number of grouped dwellings that should be approved on a rural lot to the same number of lots that the rural lot could be subdivided into under a relevant adopted rural strategy or other relevant statutory provision. This policy in fact was originally formulated to address the problem of grouped dwellings on rural land being used as a de-facto justification to achieve subdivision and thereby working against the intent of preserving rural lot sizes suitable for agricultural purposes.

It is true to say that the application of the policy provision in this instance would indicate that a grouped dwelling should not be approved on the subject lot because it is not capable of subdivision by virtue of planning objective 9 for Area B of the Swan Valley Planning Act 1995. However for the same reason it could be argued that because the land is explicitly not capable of subdivision, based on significant past precedent, the one of the purpose of the provision to limit grouped dwellings is redundant.

Page 9: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 9

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to refuse to grant approval to the application for a Grouped Dwelling on Lot 10 (No.4260) West Swan Road, West Swan, pursuant to Local Planning Scheme No.17 for the following reasons:

1. Development of a grouped dwelling on the subject lot is not considered to be consistent with the objectives of the Swan Valley Rural Zone under the City of Swan Local Planning Scheme No.17, inclusive of Planning Objectives 1, 4 and 7 for Area B under the Swan Valley Planning Act 1995 because it will impair the capacity of the land to be used for productive rural activity, be it viticulture or some other form of horticulture; and

2. Development of a grouped dwelling is not consistent with the intent of the Draft Swan Valley Development Plan 2015, where such use is designated an 'X' use for the Swan Valley Rural Zone.

This is the recommended option.

Implications: The owner/applicant would have a right of review to the State Administrative Tribunal if aggrieved by this decision.

Option 2: Council may resolve to:

1) Not accept the advice of the Swan Valley Planning Committee that:

i. A secondary home will quarantine that much of the subject lot that it would prejudice it from being used for viticultural/agricultural uses in the future; nor

ii. A secondary home will have an adverse impact on the rural character of the locality, given the prevailing lot sizes and built form coverage on lots within the locality.

2) Grant approval to the application for a “Grouped Dwelling” on Lot 10 (No.4260) West Swan Road, West Swan, subject to the following conditions:

1. This approval is for a “Grouped Dwelling” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit. The notification shall notify owners and prospective purchasers of the land that the land is affected by aircraft noise.

3. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

4. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer.

Page 10: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 10

5. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

6. Earthworks, footings and/or structures are not to extend over any lot boundaries.

7. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

Implications: The application will need to be referred to the Western Australian Planning Commission for a determination pursuant to the Metropolitan Region Scheme.

This is not the recommended option.

CONCLUSION

The application is for a second dwelling which is classified as a 'Grouped Dwelling'.

The subject lot is zoned 'Rural' under the Metropolitan Region Scheme and 'Swan Valley Rural' under the City’s Local Planning Scheme No.17. A 'Grouped Dwelling' is an 'A' use in this zone.

The Deemed Provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 require due regard to be given to the draft Swan Valley Development Plan 2015 effectively as if it were an amendment to the City’s Local Planning Scheme that the local government is seriously considering adopting.

The draft Swan Valley Development Plan designates a 'Grouped Dwelling' as an 'X' use in the Swan Valley Rural zone.

The application was referred to the Swan Valley Planning Committee which resolved that the application is inconsistent with Objectives 8.4, 8.6 and 8.7 for Area B of the Swan Valley Planning Act 1995 and recommended it not be approved.

The application was advertised to nearby landowners for a period of 14 days, where 6 submissions were received; 3 objecting to the proposal and 3 offering no objections.

City staff, considering the advice of the Swan Valley Planning Committee and having due regard to the draft Swan Valley Development Plan 2015, consider the application to be inconsistent with objectives of the Swan Valley Rural zone as set out under Local Planning Scheme No.17.

Refusal is recommended.

Page 11: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 11

ATTACHMENTS

Location Plan

Site Plan

Floor Plan

Elevations

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Metropolitan Region Scheme

Swan Valley Planning Act 1995

Draft Swan Valley Development Plan 2015

Local Planning Scheme No.17

Local Planning Policy POL-C-009 Grouped Dwellings in Rural Zones

Local Planning Policy POL-TP-126 Building and Development Standards - Rural Zones

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

Page 12: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 12

RECOMMENDATION

That the Council resolve to:

1) Refuse to grant approval to the application for a “Grouped Dwelling” on Lot 10 (No.4260) West Swan Road, West Swan, pursuant to Local Planning Scheme No.17 for the following reasons:

1. Development of a grouped dwelling on the subject lot is not considered to be consistent with the objectives of the Swan Valley Rural Zone under the City of Swan Local Planning Scheme No.17, inclusive of planning objectives 1, 4 and 7 for Area B under the Swan Valley Planning Act 1995 because it will impair the capacity of the land to be used for productive rural activity, be it viticulture or some other form of horticulture; and

2. Development of a grouped dwelling is not consistent with the intent of the Draft Swan Valley Development Plan 2015, where such use is designated an “X” use for the Swan Valley Rural Zone.

2) Advise the applicant and all those who have made a submission of Council’s decision accordingly.

MOTION that the Council resolve to:

1) Adopt Option 2 as provided in the Officer's report.

2) Record the reason for changing the staff recommendation is that the use is currently an ‘A’ use, not an ‘X’ use.

(Cr Färdig - Cr Trease)

AMENDMENT TO THE MOTION

Cr Trease requested that the following Condition be added to the approval:

Restrict tenancy to family members only.

A memorial shall be prepared by the City’s solicitors (currently McLeods) to the satisfaction of the City of Swan and all costs of and incidental to the preparation of the memorial and registration on the title shall be met by the owner of the land.

The mover of the substantive motion agreed to the amendment.

Page 13: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)

Ordinary Meeting of Council 7 September 2016

Page 13

RESOLVED UNANIMOUSLY TO:

1) Not accept the advice of the Swan Valley Planning Committee that:

i. A secondary home will quarantine that much of the subject lot that it would prejudice it from being used for viticultural/agricultural uses in the future; nor

ii. A secondary home will have an adverse impact on the rural character of the locality, given the prevailing lot sizes and built form coverage on lots within the locality.

2) Grant approval to the application for a “Grouped Dwelling” on Lot 10 (No.4260) West Swan Road, West Swan, subject to the following conditions:

1. This approval is for a “Grouped Dwelling” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit. The notification shall notify owners and prospective purchasers of the land that the land is affected by aircraft noise.

3. Restrict tenancy to family members only.

A memorial shall be prepared by the City’s solicitors (currently McLeods) to the satisfaction of the City of Swan and all costs of and incidental to the preparation of the memorial and registration on the title shall be met by the owner of the land.

4. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

5. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer.

6. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

7. Earthworks, footings and/or structures are not to extend over any lot boundaries.

8. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

Page 14: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)
Page 15: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)
Page 16: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)
Page 17: Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, … · 2016-09-12 · Ordinary Meeting of Council 7 September 2016 Page 1 3. 4 PROPOSED GROUPED DWE LLING -LOT 10 (NO.4260)