Additions to Single House (Studio) - Lot 9 (No.2) Hill ...

Ordinary Meeting of Council 13 November 2019

3.9 ADDITIONS TO SINGLE HOUSE (STUDIO) - LOT 9 (NO.2) HILL STREET, GUILDFORD (DA430-19)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr Kiely declared an impartiality interest in Item 3.9 - Additions to Single House (Studio) - Lot 9 (No.2) Hill Street, Guildford (DA430-19) as he is an Executive Member of the Guildford Association Executive who may have contributed to submissions on these applications.

Cr Richardson declared an impartiality interest in Item 3.9 - Additions to Single House (Studio) - Lot 9 (No.2) Hill Street, Guildford (DA430-19) as she was a member of the Guildford Association Executive.

KEY ISSUES

• Development approval is sought for a Studio to be located at Lot 9 (No.2) Hill Street, Guildford.

• The subject lot is zoned 'Urban' under the Metropolitan Region Scheme and 'Residential' under the City's Local Planning Scheme No.17.

• The subject site is within the Guildford Conservation Precinct.

• The application is considered to comply with the requirements of the Guildford Conservation Precinct Local Planning Policy and State Planning Policy 7.3 - Residential Design Codes (R-Codes).

• The application was referred to the State Heritage Office for comment. The Department noted that the proposed development was considered in the context of the identified cultural significance of the place and raised no concerns.

• The application was referred to the Department of Biodiversity, Conservations and Attractions (DBCA) for comment pursuant to Clause 30A(2)b(i) of the Metropolitan Region Scheme, the proposal is on a lot that abuts land within the Swan Canning Development Control Area (DCA).

• DBCA noted the proposed location of the studio does not comply with Policy 48 Planning for Development Setback Requirements Affecting the Swan Canning Development Control Area (Policy 48). A 4 metre setback to the Parks and Recreation Reserve was recommended as a condition of approval.

• City staff do not concur with the DBCA recommendation of a 4 metre setback being imposed to the Parks and Recreation Reserve. It is considered the Studio is not a detriment to the existing amenity value and does not hinder the use of the foreshore and riverine environment.


• Conditions of approval are required to be imposed in order to comply with POL-C-096 - Guildford and South Guildford District Drainage Development Fund.

It is recommended that the Council resolve to approve the application for a Studio to be located at Lot 9 (No.2) Hill Street, Guildford, subject to conditions.

AUTHORITY/DISCRETION

Planning and Development (Local Planning Schemes) Regulations 2015

Council has discretion in accordance with clause 68(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 to determine an application for development approval by:

• Granting development approval without conditions; or

• Granting development approval with conditions; or

• Refusing to grant development approval

Local Planning Scheme No. 17 (cl. 10.3)

Council has discretion in accordance with clause 10.3 of the City's Local Planning Scheme No.17 (LPS17) to approve (with or without conditions) or refuse the application.

BACKGROUND

Applicant: Paul Oakley Owner: Paul Travis Oakley & Zahida Oakley Zoning: LPS17 - Residential MRS - Urban Strategy/Policy: POL-C-106 - Guildford Conservation Precinct

POL-C-096 - Guildford and South Guildford District Drainage Development Fund State Planning Policy 7.3 - Residential Design Codes State Planning Policy 5.1 - Land Use Planning in the Vicinity of Perth Airport

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House Lot Area: 1014m2 Use Class: Single House 'P'

DETAILS OF THE PROPOSAL

This application seeks approval for a Studio to be located on Lot 9 (No.2) Hill Street, Guildford. The Studio consists of a singular 26.53m2 room attached to the rear of an existing garage. The proposed development is set back 1.5m from the Swan Canning Development Control Area boundary.


DESCRIPTION OF SITE

The subject lot is located on the north western side of Hill Street in Guildford and is 1,014m² in area. The site has an existing Single House and incidental structures such as a garage and alfresco.

The subject lot abuts land zoned Parks and Recreation including the Swan Canning Development Control Area (DCA).

There is an existing; approved garage that is visible from the street and is set back 1.5m from the south western DCA boundary.

PUBLIC CONSULTATION

No public consultation was undertaken during the assessment of this application as it is considered the location of the proposal will not impact adjoining landowners.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

State Heritage Office

In accordance with the Heritage Act 2018, all applications within the Guildford Historic Town are required to be referred to the Department of Planning, Lands and Heritage for advice. The Department noted that the proposed development was considered in the context of the identified cultural significance of the place and raised no concerns.

Department of Biodiversity, Conservation and Attractions (DBCA)

Pursuant to Clause 30A(2)b(i) of the Metropolitan Region Scheme, the proposal is on a lot that abuts land within the Swan Canning Development Control Area (DCA).

DBCA noted the proposed location of the studio does not comply with the Trust's setback policy. Policy 48 - Planning for Development Setback Requirements Affecting the Swan Canning Development Control Area states the minimum principal setback from the DCA is 10 metres or 20 per cent of the average distance to the opposite boundary, whichever is the lesser, to protect the amenity value and use of the foreshore and riverine environment. Policy 48 further states that in some cases, consideration will be given to allow a reduced principal setback (of no less than 4 metres), where: there is a wide (e.g. greater than 150 metre) foreshore between the river system and the proposed development site and the public use and ecological function of the DCA immediately adjoining the site will not be adversely affected through overlooking or overshadowing, due to site topography and the presence of landscaping or vegetation. In accordance with Policy 48 generally a 5.75 metre setback would be required to the proposed studio/hobby room; however DBCA is supportive of a reduced 4 metre setback in this situation.

DBCA has no objection to the development proposal subject to the studio room being set back 4 metres from the Parks and Recreation reserve.


APPLICANT'S SUBMISSION

The applicant has requested that the application proceed with the plans and setback originally submitted and not in accordance with the DBCA's recommended setback of 4m, for the following reason:

"The studio would be neither practical nor aesthetically pleasing if the setback was increased to 4m as per the DBCA recommendation."

DETAILS

Zoning and Permissibility of Use

The subject property is zoned 'Urban' under the Metropolitan Region Scheme (MRS) and 'Residential' under the City's Local Planning Scheme No.17 (LPS17).

A 'Studio' is considered incidental to the existing Single House which is a 'P' permitted land use within this zone and is therefore capable of approval.

State Planning Policy 7.3 - Residential Design Codes of WA (R-Codes)

The proposal was assessed and considered to be compliant with the 'deemed-to-comply' provisions and design principles of the R-Codes and those provisions within the Guildford Conservation Precinct Policy that override the R-Codes.

In accordance with the Guildford Conservation Precinct Policy, the side setbacks are to be in accordance with the existing streetscape, whilst the rear setback is to be in accordance with those recommended for R20 in the R-Codes. The south western (side) elevation is set back 1.5m which is compliant with the requirements of the R-Codes.

POL-C-106 - Guildford Conservation Precinct Local Planning Policy

The proposal was assessed against the requirements of the Local Planning Policy for the Guildford Conservation Precinct. The development was found to meet all of the Acceptable Development Provisions for size, scale and bulk. The proposed colours and materials selected are also considered to meet the Acceptable Development Provisions. The applicant has advised the following proposed colours and materials are to be used:

• External cladding – James Hardie Linea Weatherboard painted Terrace White

• Roof cover – Corrugated iron roof sheeting finished in Zincalume.

• Gutters and downpipes - to match the existing house painted 'Dulux Raku' grey.

• Windows and doors – aluminium finish painted white


The Acceptable Development Provisions pertaining to materials and colours are as follows:

Clause 5.4.2 (b) - Heritage colour schemes shall be used on both heritage and non-heritage buildings.

Clause 5.4.2 (c)(iii) - Acceptable materials for walls include but are not limited to timber weatherboards or timber weatherboards to dado height and compressed fibrous cement (that look like timber weatherboards) for upper walls.

Clause 5.4.2 (d)(i) - Acceptable Materials for windows and doors frames include but are not limited to aluminium where frames are wide, such as single/double sash, casement and awning

Clause 5.4.2 (e)(i) - Acceptable materials for rooves include but are not limited to custom orb profile sheeting either corrugated galvanised iron, Zincalume finish or Colorbond.

The proposed colours and materials for the roof, gutters, windows and doors are considered to be in keeping with the Acceptable Development Provisions.

POL-C-096 - Guildford and South Guildford District Drainage Development Fund Local Planning Policy

As the development is within the Guildford District Drainage Area, a drainage contribution is required for the amount of additional roofed/paved surfaces proposed by the application. The Studio is proposed to increase the impervious area by 26.53m2. The fee is to contribute towards the upgrade and supply of adequate drainage service and infrastructure within the area. The contribution is to be imposed as a condition of any approval of the proposal.

Department of Biodiversity, Conservation and Attractions (DBCA) Referral Comments

The DBCA noted the proposed location of the studio does not comply with the Trust's setback policy. A 4m minimum setback is recommended to the DCA in lieu of the 1.5m setback proposed on the submitted plans. This setback has been recommended by the DBCA to protect the amenity value and use of the foreshore and riverine environment.

However, it is considered the proposed Studio setback of 1.5m will not impact the existing amenity or hinder the use of the foreshore and riverine environment as:

• The studio is proposed to be constructed in line with the existing garage which has been set back 1.5m from the DCA;

• Restricted overshadowing that will result is not dissimilar to that of a standard single story dwelling setback in accordance with the R-Codes;

• The studio addition is minor in nature to the existing development on site;

• There is a 250m+ foreshore from the subject lot to the river system; and

• The subject lot is adequately screened via existing vegetation within the DCA area and vegetative screening is proposed along the existing garage and proposed studio.


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to not accept the advice of the Department of Biodiversity, Conservation and Attractions and grant approval for the proposed Studio to be located at Lot 9 (No.2) Hill Street, Guildford, subject to conditions.

Implications: The applicant will be able to proceed with the proposed development.

This is the recommended option.

Option 2: Council may resolve to refuse the application for the proposed Studio to be located at Lot 9 (No.2) Hill Street, Guildford for the following reason:

1. The proposal is considered to be inconsistent with Policy 48 - Planning for Development Setback Requirements Affecting the Swan Canning Development Control Area.

Implications: The applicant will have the right of review to the State Administrative Tribunal if aggrieved by this decision.

This is not the recommended option.

CONCLUSION

This application seeks development approval for a Studio to be located on Lot 9 (No.2) Hill Street, Guildford. City staff recommend that the application be approved for the following reasons:

1. The proposal is not considered to impact the Development Control Area to the south west of the subject site.

2. The proposed development is considered to comply with the requirements for setbacks in accordance with the Guildford Conservation Precinct Policy and the Residential Design Codes.

3. The studio is to be located behind the existing garage and vegetative screening is proposed in between the development and the DCA boundary limiting the impact on the existing streetscape along Hill Street.

ATTACHMENTS

Location Plan

Street View

Colour & Material Schedule

Site/Floor Plan

Elevations


STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Metropolitan Region Scheme

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

The average cost for a Hearing to defend Council’s decision at the State Administrative Tribunal is $60,000.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Not concur with the advice of the Department of Biodiversity, Conservation and Attractions to refuse the application based on the proposed setbacks being inconsistent with Policy 48 - Planning for Development Setback Requirements Affecting the Swan Canning Development Control Area.

2) Approve the application for a Proposed Studio to be located at Lot 9 (No.2) Hill Street, Guildford, subject to conditions:

1. The approved 'Studio' is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirement and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

2. External colours, finishes and materials to be used in the construction of the building are to be in accordance with the approved colour schedule, as dated, marked and stamped, attached with the approved plans, unless otherwise approved in writing by the City of Swan.

3. All stormwater produced from this property including subsoil drainage must be collected and disposed into the City's drainage system in accordance with the City's requirement.

4. Suitable arrangements being made for the connection of the land to the comprehensive district drainage system at the landowner/developer’s cost. The contribution amount is based on the additional roof area of 26.53m2 to the satisfaction of the City of Swan in accordance with the City of Swan Local Planning Policy POL-C-096 ‘Guildford & South Guildford District Drainage and Development Fund’. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment must be made prior to the issuance of a building permit or prior to any work commencing on the site (at the earliest instance).

5. All building works to be carried out under this development approval are required to be contained within the boundaries of the subject lot.

6. The applicant shall not access the site via the Parks and Recreation reserve unless authorised by the Western Australian Planning Commission to do so.

7. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

3) Advise the applicant/owner of the resolution of Council.

CARRIED

DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

Location Plan4/10/2019

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Attachment 1 - Location Plan

Attachment 2 - View of subject site from Street

Attachment 3 - Colour & Material Schedule

Attachment 4 - Plans

Additions to Single House (Studio) - Lot 9 (No.2) Hill ...

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