Agenda - City of Fremantle · 2020. 2. 28. · Agenda - Planning Committee 4 March 2020 2Page 6....

Agenda

Planning Committee

Wednesday, 4 March 2020, 6.00pm

CITY OF FREMANTLE

NOTICE OF A PLANNING COMMITTEE MEETING Elected Members A Planning Committee meeting of the City of Fremantle will be held on Wednesday 4

March 2020 in the North Fremantle Community Hall, located at 2 Thompson Road, North

Fremantle commencing at 6.00 pm.

Paul Garbett Director Strategic Planning and Projects 28 February 2020

Table of Contents

Contents Page

1. Official opening, welcome and acknowledgement 1

2. Attendance, apologies and leaves of absence 1

3. Disclosures of interests 1

4. Responses to previous questions taken on notice 1

5. Public question time 1

6. Petitions 2

7. Deputations 2

8. Confirmation of minutes 2

9. Elected member communication 2

10. Reports and recommendations 3

10.1 Deferred items 3

PC2003 - 1 LEFROY ROAD, NO. 144 (LOT 19), BEACONSFIELD- TWO STOREY GROUPED DWELLING AND ALTERATIONS TO EXISTING DWELLING - (TG DA0258/19) 3

10.2 Committee delegation 14

PC2003 - 2 HOPE STREET, NO 119 (LOT 200), WHITE GUM VALLEY – 24 GROUPED DWELLINGS AND 4 MULTIPLE DWELLINGS (TG DAP005/19) 14

PC2003 - 3 POINT STREET, NO. 8 (LOT 34), FREMANTLE - SEVEN STOREY MIXED USE DEVELOPMENT (168 ROOM HOTEL, SHOPS, OFFICES, 45 MULTIPLE DWELLINGS) – (NB DAP004/19) 47

PC2003 - 4 ESSEX STREET, NO. 19 (LOT8) FREMANTLE – FOUR STOREY TOURIST ACCOMODATION BUILDING – (JCL DA0322/19) 72

PC2003 - 5 JEFFERY STREET, NO 13A (STRATA LOT 1) BEACONSFIELD – TWO STOREY SINGLE HOUSE – (JL DA0316/19) 87

PC2003 - 6 THOMPSON ROAD, NO. 64A (LOT 9), NORTH FREMANTLE - TWO STOREY SINGLE HOUSE WITH UNDERCROFT GARAGE – (NB DA0507/19) 97

PC2003 - 7 CONGDON STREET NO.5 (LOTS 5 AND 6), NORTH FREMANTLE - HOUSING DEVELOPMENT (FOUNDATION HOUSING 'MY HOME PROJECT') (JL DA0459/19) 108

PC2003 - 8 BANNISTER STREET, NO. 7-15 (LOT 502), FREMANTLE – EXTENSION TO TERM OF APPROVAL FOR DAP012/15 (FOUR STOREY WITH LOFT ADDITION TO EXISTING HOTEL) (CS DAPV001/20) 117

PC2003 - 9 INFORMATION REPORT – MARCH 2020 125

10.3 Council decision 127

11. Motions of which previous notice has been given 127

12. Urgent business 127

13. Late items 127

14. Confidential business 127

15. Closure 127

Agenda - Planning Committee 4 March 2020

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CITY OF FREMANTLE

Planning Committee

Agenda

1. Official opening, welcome and acknowledgement

We would like to acknowledge this land that we meet on today is the traditional lands of the Whadjuk people and that we respect their spiritual relationship with their country. We also acknowledge the Whadjuk people as the Traditional Owners of the greater Walyalup area and that their cultural and heritage beliefs are still important to the living Whadjuk people today.

2. Attendance, apologies and leaves of absence

There are no previously received apologies or approved leave of absence.

3. Disclosures of interests

Elected members must disclose any interests that may affect their decision-making. They may do this in a written notice given to the CEO; or at the meeting.

4. Responses to previous questions taken on notice

Sally Lawry asked what progress was being made to achieve the reopening of a 24 hour Emergency Department at Fremantle Hospital. Answer provided by Paul Garbett, Director of Strategic Planning and Projects: The City made representations against closure at the time the State Government took the decision to close the Emergency Department at Fremantle Hospital. At the present time the current State Government has not given any indication to the Council that it is prepared to consider reinstatement of an Emergency Department facility at Fremantle. Prior to the 2019 federal election the Australian Labor Party made an election commitment to open a critical care clinic at the hospital if elected.

5. Public question time

Members of the public have the opportunity to ask a question or make a statement at council and committee meetings during public question time. Further guidance on public question time can be viewed here, or upon entering the meeting.


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6. Petitions

Petitions to be presented to the committee.

Petitions may be tabled at the meeting with the agreement of the presiding member.

7. Deputations

7.1 Special deputations

A special deputation may be made to the meeting in accordance with the City of Fremantle Meeting Procedures Policy 2018.

There are no special deputation requests.

7.2 Presentations

Elected members and members of the public may make presentations to the meeting in accordance with the City of Fremantle Meeting Procedures Policy 2018.

8. Confirmation of minutes

That the minutes of the Planning Committee meeting dated 5 February 2020 be confirmed as a true and accurate record.

9. Elected member communication

Elected members may ask questions or make personal explanations on matters not included on the agenda.


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10. Reports and recommendations

10.1 Deferred items

PC2003 - 1 LEFROY ROAD, NO. 144 (LOT 19), BEACONSFIELD- TWO STOREY GROUPED DWELLING AND ALTERATIONS TO EXISTING DWELLING - (TG DA0258/19)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda Attachments: 1: Amended development plans Additional information: 1. Site photos 2. Previous development plans SUMMARY Approval is sought for a two storey Grouped dwelling at No. 144 Lefroy Road, Beaconsfield and modifications to the existing dwelling. The proposal is referred to the Planning Committee (PC) due to the nature of some discretions being sought and comments received during the notification period that cannot be addressed through conditions of approval. The application seeks discretionary assessments against the Local Planning Scheme No. 4 (LPS4), Residential Design Codes (R-Codes) and Local Planning Policies. These discretionary assessments include the following:

Building height.

Boundary wall.

Primary street setback.

Vehicle Sightlines.

Primary street fence. The application was referred to the PC on 4 December 2019 with a recommendation for approval. The Committee resolved to: Refer the application to the Administration with the advice that the Planning Committee is not prepared to grant planning approval to the application for Two storey Grouped dwelling at 144 Lefroy Road, Beaconsfield based on the current submitted plans, and invite the applicant, prior to the next appropriate Planning Committee meeting, to consider amending the proposal to significantly reduce the variations sought to the building height, boundary wall, sightlines, driveway widths, visual privacy, primary street setback, outbuilding and primary street fencing requirements. In response to the above the applicant provided amended plans seeking to address the concerns of the PC. The specific modifications are listed below:

The western boundary wall was reduced in height by 0.2 metres to be 3 metres high.


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The front fence to Lefroy Road was modified to reduce its height within the front setback area to comply and reduce its height further in the sightline truncation area.

The upper floor loft window (west facing) was amended to be screened and fixed.

The front driveway width was amended to 3 metres.

The height of the outbuilding was reduced to 2.4m and setback from the eastern property boundary.

Additional landscaping was included in the lane setback area. The amended proposal is recommended for conditional approval. PROPOSAL Detail Approval is sought for a two storey Grouped dwelling at No. 144 Lefroy Road, Beaconsfield. The proposal includes:

Proposed ground floor: o Double garage and storerooms. o Home gym with storeroom and bathroom. o Family living/dining area and kitchen. o Two bedrooms and a bathroom.

Proposed upper floor: o Parents retreat with dining room, store and bar. o Office. o Two bedrooms and a bathroom.

Proposed loft: o Bedroom. o Guest quarter with tea preparation area and a bathroom.

The applicant submitted amended plans on 9 October 2019 removing a proposed upper floor kitchenette from the proposal and making modifications to the dwelling layout. The applicant submitted further amended plans on 11 November 2019 making modifications to the upper floor layout to reduce the size of the upper floor loft area and remove a second dormer roof window element facing the rear lane. The changes to the layout and upper floor were on advice of officers, as the building appeared to be a number of self-contained dwellings, not one whole dwelling and the building height was considered unable to be supported. The applicant has confirmed that it is proposed to be one large family home. The applicant submitted further amended plans on 28 January 2020, detailing the following amendments:

The western boundary wall was reduced in height by 0.2 metres to be 3 metres high.

The front fence to Lefroy Road was modified to reduce its height within the front setback area to comply and reduce its height further in the sightline truncation area.

The upper floor loft window (west facing) was amended to be screened and fixed.

The front driveway width was amended to 3 metres.


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The height of the outbuilding was reduced to 2.4m and relocated away from the eastern property boundary.

Additional landscaping was included in the lane setback area.

Development plans are included as attachment 1. Site/application information Date received: 16 July 2019 Owner name: Ilija Jurin Submitted by: Ilija Jurin Scheme: Residential R20 Heritage listing: Not listed Existing land use: Single house Use class: Grouped dwelling Use permissibility: D


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CONSULTATION External referrals Nil required. Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as the proposal sought a number of discretions against planning policies and the R-Codes. The advertising period concluded on 19 August 2019, and two (2) submissions were received. The following issues were raised (summarised):

Large windows facing laneway will impact privacy of neighbours.

Three storeys would create a precedent for area which is currently characterised by single storey dwellings.

Top floor is not a discrete dormer, rather a full floor.

Front setback is not acceptable, particularly given height and scale of building.

Large dwelling with five bedrooms will result in negative traffic impacts on right of way.

Disappointing if this dwelling is an example of Fremantle Alternative scheme requirements.

In response to the above, the applicant submitted revised plans to reduce the extent of the top floor. In response to the above, the following comments are provided by officers:

Visual privacy is assessed in the report below. Where openings are not mentioned, they meet deemed to comply requirements, meaning that screening cannot be enforced. In relation to the upper floor windows facing the laneway, a maximum 6m visual privacy setback requirement applies and this is met.

Building height in the locality is as per the R-Codes, which require that any building not meeting the standard height requirement be assessed against the design principles. These principles look at each proposal on a case by case basis, focusing on the amenity impact of the proposal and do not use precedent as a reason to support a dwelling.

The applicant reduced the extent of the loft floor to remove the dormer window facing the rear lane.

The proposed Grouped dwelling meets the parking requirements of the R-Codes which requires the provision of two parking bays for dwellings with more than two bedrooms.

The applicant is not seeking approval for a proposal under the Fremantle Alternative requirements, rather just proposing an additional dwelling in accordance with the R-Code requirements that normally apply to the property.

The remaining comments are addressed in the officer comment below. In accordance with Council Policy, as the amended plans do not raise any additional

variations, the amended plans were not required to be advertised for public comment.


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OFFICER COMMENT Statutory and policy assessment The amended proposal has been assessed against the relevant provisions of LPS4, the R-Codes and relevant Council local planning policies. Where a proposal does not meet the Deemed-to-comply requirements of the R-Codes, an assessment is made against the relevant Design principles of the R-Codes. Not meeting the Deemed-to-comply requirements cannot be used as a reason for refusal. In this particular application the areas outlined below do not meet the Deemed-to-comply or policy provisions and need to be assessed under the Design principles:

Building height.

Boundary wall.

Primary street setback.

Vehicle Sightlines.

Primary street fence The above matters are discussed below. Background The subject site is located on the northern side of Lefroy Road, Beaconsfield. The site has a land area of approximately 994m² and is currently occupied by a Single house which is proposed to be retained as part of this development. The site adjoins a ROW to the rear. This ROW is one of the many privately owned “orphaned” ROWs. It was created during the original subdivision of the land and the owner cannot be found. The subject site and the adjoining sites have implied rights of access to utilise the ROW to access their properties. The ROW is neither paved nor drained and it is not the City’s responsibility to maintain. The site is zoned Residential and has a density coding of R20. The site is not individually heritage listed or located within a Heritage Area. A search of the property file has revealed no relevant planning history for the site. The application was referred to the PC on 4 December 2019 with a recommendation for approval. The Committee resolved to: Refer the application to the Administration with the advice that the Planning Committee is not prepared to grant planning approval to the application for Two storey Grouped dwelling at 144 Lefroy Road, Beaconsfield based on the current submitted plans, and invite the applicant, prior to the next appropriate Planning Committee meeting, to consider amending the proposal to significantly reduce the variations sought to the building height, boundary wall, sightlines, driveway widths, visual privacy, primary street setback, outbuilding and primary street fencing requirements. The applicant submitted amended plans on 28 January 2020 to address the PC’s concerns. These amended plans are the subject of this report.


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Land Use A Grouped dwelling is a ‘D’ use in the Residential Zone, which means that the use is not permitted unless the Council has exercised its discretion by granting planning approval. In considering a ‘D’ use the Council will have regard to the matters to be considered in the Planning and Development (Local Planning Schemes) Regulations 2015. In this regard the following matters have been considered:

(a) The aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area

(m) The compatibility of the development with its setting including the relationship of the development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development

(n) The amenity of the locality including the following: (i) Environmental impacts of the development (ii) The character of the locality (iii) Social impacts of the development

(y) Any submissions received on the application. The proposed development is considered to address the above matters for the following reasons:

The dwelling is considered to satisfy the deemed-to-comply criteria or design principles of the R-Codes where relevant. Areas of the proposal which do not readily satisfy these requirements can be rectified through conditions of development approval.

The addition of a grouped dwelling will provide for additional residential density in the locality and the proposed land use and associated lot areas is consistent with the relevant R-Code for the site under Local Planning Scheme No. 4.

The dwelling is considered to be set off property boundaries in excess of R-Codes deemed-to-comply criteria, provide sufficient open space on site and include measures to reduce visual privacy impact upon neighbouring properties.

Building height

Element Requirement Proposed Extent of Variation

Building height 6m 8.5m (Loft dormer) 2.5m

The portion of the dwelling that does not comply with the maximum height requirements of the R-Codes is confined to the walls of the south facing dormer window. The wall and ridge height of the majority of the dwelling complies with the maximum requirements. The element which exceeds the deemed-to-comply building height requirement is shown below:


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Image 1: South elevation with proposed dormer window highlighted in yellow

The wall height of the proposed dormer window is considered to meet the Design principles of the R-Codes in the following ways:

The small dormer element is not considered to unduly impact neighbouring sunlight access, with the shade cast by this element being located in the shade cast by the overall dwelling.

The dormer does not impact sunlight access into habitable rooms.

The dormer is located under the proposed roof pitch and is therefore considered to have limited impact upon views of significance.

Boundary wall


Garage 1m Nil 1m

The amended plans do not increase the setback of the proposed garage boundary wall, however its height has been reduced by 200mm. The garage boundary wall is considered to meet the Design principles of the R-Codes in the following ways:

The boundary wall is single storey (maximum 3m in height) and adjoins a site currently occupied by an outbuilding only. The wall is considered to therefore be of limited bulk impact.

Shade cast by the wall at midwinter will fall into the subject site, thereby not impacting habitable rooms or outdoor living areas.

The garage boundary wall does not impose any overlooking or visual privacy impact as it is a non-habitable structure.

The use of a boundary wall in this location provides for a required store area in an area which would otherwise be underutilised.

The reduction in the height of the boundary wall on the most recent set of amended plans is considered to further ameliorate the impact of building bulk.


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Primary street setback (ROW)


Ground floor 7m 1.5m (garage)-5.5m (dwelling)

5.5m-1.5m

Upper floor 10m 5.5m 4.5m

The primary street setbacks are considered to meet the discretionary criteria of Local Planning Policy 2.9 – Residential Streetscapes for the following reasons:

There is no prevailing streetscape facing onto the rear laneway and the proposal is considered to propose street setbacks which will result in an appropriate future character for the rear laneway. No other property in the prevailing streetscape provides frontage to the laneway.

The setbacks specified in LPP 2.9, if applied to potential rear lot redevelopment of the subject site and adjoining lots is considered to limit redevelopment potential in accordance with the R-Coding of the sites.

The applicant has included additional landscaping to the setback area per the most recent set of amended plans; these landscaping features are considered to contribute to ameliorating the impact of the reduced primary street setback.

Primary street fence


Visual permeability – Fencing to Rear laneway front setback.

Visually permeable above 1.2m

‘Feature light wall’ – solid to 1.8m.

600mm

The proposal previously included a 1.8m high fence along the western property boundary up to Lefroy Road. This fence has been amended to be a maximum height of 1.2m within the front setback area, with further modifications to provide for vehicle sightlines as discussed below. The proposed fencing to the rear laneway frontage is considered satisfactory as this boundary forms the side boundary of the rear yard of the adjoining property and a 1.8m high fence is otherwise permitted in this area as of right. The feature light wall is set in from the side property boundary and therefore would not result in the removal of the adjoining dividing fence. Therefore the proposed light wall is not considered to have any impact on the streetscape of the rear lane. Vehicle sightlines


Front dwelling 1.5m truncation or height reduced to 750mm

0.75-1.2m high fence within the 1.5m truncation.

100%

The applicant has amended the front fence to partially address sightline requirements in accordance with the most recent set of amended plans, introducing a portion of fencing 0.75m high. This fencing requires amendment to be 0.75m high for the full 1.5m extent of the sightline truncation. Due to the existing pedestrian path adjoining the subject site, full compliance with the sightline requirements is recommended.


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Accordingly a condition of approval is recommended requiring this modification prior to the issue of a building permit. Conclusion It is considered that the amended proposal satisfies the relevant discretionary criteria of the R-Codes and the City’s Scheme and policies per the above assessment. While it is noted that the dwelling is large, it is considered that the dwelling provides appropriate lot boundary setbacks, on site open space area and outdoor living areas and provides appropriate visual privacy mitigation to limit the impact of the dwelling addition onto adjoining properties. The amendments detailed in the plans dated 28 January 2020 are considered to further ameliorate any amenity impact of the dwelling. Advice to the applicant is provided as a part of the City’s recommendation confirming the definition of ‘dwelling’ listed in the R-Codes due to the potential for the dwelling to be modified for use contrary to the proposed grouped dwelling. Accordingly, the development is recommended for approval, subject to conditions. STRATEGIC IMPLICATIONS Strategic Community Plan 2015-25

Increase the number of people living in Fremantle

Green Plan 2020 Encourage the retention of vegetation on private land.

1. No trees are proposed to be removed as part of this development. FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS Nil OFFICER'S RECOMMENDATION Planning committee acting under delegation 1.1: APPROVE, under the Metropolitan Region Scheme and Local Planning

Scheme No. 4, two storey Grouped dwelling and alterations to existing dwelling at No. 144 (Lot 19) Lefroy Road, Beaconsfield, subject to the following condition(s):

1. This approval relates only to the development as indicated on the approved

plans, dated 28 January 2020. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.


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2. All storm water discharge shall be contained and disposed of on-site unless otherwise approved by the City of Fremantle.

3. The development hereby approved shall be wholly located within the

cadastral boundaries of the subject site (144 Lefroy Road, Beaconsfield) including any footing details of the development.

4. Prior to occupation/ use of the development hereby approved, the boundary

wall located on the western boundary shall be of a clean finish in any of the following materials: • coloured sand render, • face brick, • painted surface, and be thereafter maintained to the satisfaction of the City of Fremantle.

5. Prior to the issue of a Building Permit for the development hereby approved,

the primary street fence shall be truncated or reduced to 0.75m height within 1.5m of vehicle access points and street corners in order to provide adequate sight lines or otherwise comply with Clause 5.2.5 C5 of the Residential Design Codes and thereafter maintained to the satisfaction of the City of Fremantle.

6. Where any of the preceding conditions has a time limitation for compliance, if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation for compliance specified in that condition), continues whilst the approved development continues.

Advice notes

i) The applicant is advised that the State Planning Policy 7.3 - Residential Design Codes Volume 1 defines a dwelling as follows: “A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.”

ii) A Building permit is required for the proposed Building Works. A certified BA1 application form must be submitted and a Certificate of Design Compliance (issued by a Registered Building Surveyor Contractor in the private sector) must be submitted with the BA1.

iii) The City strongly encourages deep planting zones that should be

uncovered, contain a retained or planted tree to Council’s specification, have a minimum dimension of 3.0m and at least 50% is to be provided on the rear 50% of the site.


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iv) The applicant is advised that a crossover permit must be obtained from the City’s Engineering Department. New/modified crossover(s) shall comply with the City’s standard for crossovers, which are available on the City of Fremantle’s web site.


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10.2 Committee delegation

PC2003 - 2 HOPE STREET, NO 119 (LOT 200), WHITE GUM VALLEY – 24 GROUPED DWELLINGS AND 4 MULTIPLE DWELLINGS (TG DAP005/19)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda attachments: 1.Development Plans Additional information: 1. Applicant’s Reports

2. Site Photos 3. Volume 2 R-Code assessment table 4. Applicant’s response to submissions

SUMMARY

Approval is sought for 24 two storey Grouped dwellings and 4 Multiple dwellings in a two storey building at No. 119 (Lot 200) Hope Street, White Gum Valley. The development also provides common property access and communal garden areas. As the development value exceeds $7 million, the Joint Development Assessment Panel (JDAP) is the determining body. The City’s Responsible Authority Report (RAR) is referred to Planning Committee for comment. The application seeks discretionary assessments against the Local Planning Scheme No.4 and the Residential Design Codes Volume 2. These discretionary assessments include the following:

Land use (Multiple dwelling and Grouped dwelling).

Volume 1 – R-Code deemed-to-comply criteria. o Vehicle access location. o Store dimension and area. o Visual privacy (south-east and west).

Volume 2 - R-Code Acceptable outcome provisions o Store dimension and area. o Universal access.

Local Development Plan (LDP) Requirements: o Deep planting zone location. o Balcony and outdoor living area location o Pedestrian access way location. o Car parking location. o Building envelope. o Setbacks (west and east) o Fencing height.

The application is recommended for conditional approval.


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PROPOSAL

Detail Approval is sought for a Grouped and Multiple dwelling development at No. 119 (Lot 200) Hope Street, White Gum Valley. The proposed development comprises two rows of terrace housing including one two storey Multiple dwelling building which comprises 4 dwellings. The dwellings are accessed from Hope Street and Wongan Avenue via a one-way communal street. The common areas on site are proposed to be landscaped and two existing trees on site are to be retained through the development process, with one of the retained trees to be relocated from elsewhere on site. The development is located in Local Planning Scheme No. 4 sub area 6.3.2 and subject to the requirements of the LDP developed and adopted for the site in 2019. Specifically, the development includes the following:

28 residential dwellings o 9 two bedroom, two bathroom Grouped dwellings. o 10 three bedroom, two bathroom Grouped dwellings. o 5 three bedroom, two bathroom, one powder room Grouped dwellings. o 4 three bedroom, two bathroom Multiple dwellings.

51 on site resident parking bays, some covered with carports. Bays 16-26 on the parking plan are proposed to be covered with pergola structures.

The development plans also demonstrate vehicle access and car parking, landscaping, store areas

The plans also demonstrate landscaping and on street car parking to the property verge which will be subject to further approval.

Site/application information Date received: 23 December 2019 Owner name: R A Delroy Submitted by: Element Scheme: Local Planning Scheme No. 4 Heritage listing: Not Listed Existing land use: Vacant Site Use class: Grouped dwelling and Multiple dwelling Use permissibility: D and D


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OFFICER'S RECOMMENDATION

The Planning Committee acting under delegation 1.1:

1. SUPPORT the Officer’s Recommendation to APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, 24 Grouped dwellings and 4 Multiple dwellings at No. 119 (Lot 200), Hope Street, White Gum Valley, subject to the conditions outlined in the responsible authority report.


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Form 1 – Responsible Authority Report

(Regulation 12)

Property Location: No. 119 (Lot 200), Hope Street, White Gum Valley.

Development Description: 24 Grouped dwellings and 4 Multiple dwellings.

DAP Name: Metro South West JDAP.

Applicant: Element

Owner: R A Delroy

Value of Development: $7.66 million

LG Reference: DAP005/19

Responsible Authority: City of Fremantle

Authorising Officer: Julia Kingsbury, Manager Development Approvals

DAP File No: DAP/20/01727

Report Due Date: 9 March 2020

Application Received Date: 23 December 2019

Application Process Days: 90 Days

Attachment(s): 1: Development Plans and Elevations 2: Applicant’s Report

Officer Recommendation: That the Metro South-West JDAP resolves to: 1. Approve DAP Application reference DAP/20/01727 and accompanying plans A_50,

A_100, A_101, A_102, A_120, A_150, P19000-La-101 in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the of the City of Fremantle Local Planning Scheme No. 4, and pursuant to clause 24(1) and 26 of the Metropolitan Region Scheme subject to the following conditions:

Conditions

1. This approval relates only to the development as indicated on the approved plans dated 23 December 2019. It does not relate to any other development on this lot and must substantially commence within 4 years from the date of the decision letter.

2. All storm water discharge shall be contained and disposed of on-site unless otherwise approved by the City of Fremantle.

3. The approved development, including any footings, shall be wholly located

within the cadastral boundaries of the subject site.


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4. Prior to the issue of a Building Permit for the development hereby approved, all fencing within the Hope Street Primary Street setback area (5 metres) shall be visually permeable 1.2 metres above natural ground level and thereafter maintained to the satisfaction of the City of Fremantle.


a detailed drawing showing how the eastern side of the balcony to the Grouped dwelling on lot 25, is to be screened in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes by either: a) fixed obscured or fixed translucent glass to a minimum height of 1.60

metres above internal floor level, or b) fixed screening, with openings not wider than 5cm and with a maximum of

25% perforated surface area, to a minimum height of 1.60 metres above the internal floor level, or

c) a minimum sill height of 1.60 metres above the internal floor level, Prior to occupation of the development hereby approved, the approved screening method shall be installed and maintained to the satisfaction of the City of Fremantle.


a detailed drawing showing how the south facing upper floor major openings to the dwellings on lots 14 - 24 (inclusive), are to be screened in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes by either: a) fixed obscured or fixed translucent glass to a minimum height of 1.60





a detailed drawing showing how the window located on western elevation of the dwelling on lot 14, is to be screened in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes by either: a) fixed obscured or fixed translucent glass to a minimum height of 1.60





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8. Prior to the occupation of the development hereby approved, the approved landscaping shall be completed in accordance with the approved plans or any approved modifications thereto to the satisfaction of the City of Fremantle. All landscaped areas are to be maintained on an ongoing basis for the life of the development, to the satisfaction of the City of Fremantle.

9. Deep planting zones shall have no impeding building structure or feature

above or below ground level, to the satisfaction of the City of Fremantle.

10. Notwithstanding condition 1, this approval does not authorise the removal or modification of verge infrastructure and verge trees within the verge area. Prior to the issue of a building permit for the development hereby approved, the owner/developer is to submit a verge landscaping plan and a verge parking plan to the City of Fremantle for approval. The approved verge landscaping plan and verge parking bays shall be installed prior to the occupation of the development, to the satisfaction of the City of Fremantle.


evidence is to be submitted demonstrating that the development will achieve an accredited energy efficiency star rating 1.5 stars in excess of current National Construction Code requirements that is certified by an energy assessor to the satisfaction of the City of Fremantle. The development is to be maintained at the approved standard to the satisfaction of the City of Fremantle.

12. Prior to occupation of the development hereby approved, a minimum 2kw

photovoltaic solar panel system shall be installed to each dwelling and maintained thereafter to the satisfaction of the City of Fremantle.

13. Prior to the issue of a building permit for the works hereby approved, the

owner/developer is to demonstrate that the Multiple dwelling building exceeds the minimum requirements of the National Construction Code, such as a rating under the Association of Australasian Acoustical Consultants Guideline for Apartment and Townhouse Acoustic Rating (or equivalent), to the satisfaction of the City of Fremantle.

14. Prior to the issue of a building permit, details are to be submitted that

demonstrate that each multiple dwelling will be individually metered for water and power use to the satisfaction of the City of Fremantle.

15. Prior to occupation of the development hereby approved, all boundary walls

shall be of a clean finish in any of the following materials: • coloured sand render, • face brick, • painted surface,

and be thereafter maintained to the satisfaction of the City of Fremantle.


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16. Prior to occupation of the development hereby approved, the car parking, and loading area(s), and vehicle access and circulation areas shown on the approved site plan, including the provision of disabled car parking, shall be constructed, drained, and line marked and provided in accordance with Clause 4.7.1(a) of the City of Fremantle Local Planning Scheme No.4, to the satisfaction of the City of Fremantle.


two (2) Class 3 bicycle racks, as defined in Local Planning Scheme No. 4, shall be provided for the Multiple dwelling building, to the satisfaction of the City of Fremantle. Prior to occupation of the development the approved bicycle racks must be installed and thereafter be maintained for the life of the development, to the satisfaction of the City of Fremantle.

18. Prior to the occupation of the development hereby approved, vehicle

crossovers shall be constructed and/or be modified to the City’s specification and thereafter maintained to the satisfaction of the City of Fremantle.

19. Prior to the occupation of the development hereby approved, any redundant

crossovers shall be removed and the verge and kerbing reinstated to the City’s specifications, at the expense of the applicant and to the satisfaction of the City of Fremantle.

20. Prior to the issue of a building permit, an outdoor lighting plan must be

submitted and approved, by the City of Fremantle. The outdoor lighting is to be designed, baffled and located to prevent any increase in light spill onto the adjoining properties and is to be implemented and maintained upon the completion of the development to the satisfaction of the City of Fremantle.

21. Prior to occupation of the development hereby approved, all air-conditioning

plant, satellite dishes, antennae and any other plant and equipment shall be located or screened so as not to be highly visible from beyond the boundaries of the development site to the satisfaction of the City of Fremantle.

22. Prior to issue of a building permit, the owner/developer is to submit a waste management plan for approval detailing the storage and management of the waste generated by the development. The approved waste management plan is to be implemented and maintained for the life of the development to the satisfaction of the City of Fremantle.

23. Prior to the issue of a Building Permit a Construction Management Plan shall be submitted and approved, to the satisfaction of the City of Fremantle addressing, but not limited to, the following matters: a) Use of City car parking bays for construction related activities; b) Protection of infrastructure and street trees within the road reserve; c) Security fencing around construction sites; d) Gantries;


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e) Access to site by construction vehicles; f) Contact details; g) Site offices; h) Noise - Construction work and deliveries; i) Sand drift and dust management; j) Waste management; k) Dewatering management plan; l) Traffic management; and m) Works affecting pedestrian areas. n) The protection of the existing Norfolk Island Pine tree and Jacaranda tree shown for retention on the approved landscaping plan. The approved Construction Management Plan shall be adhered to throughout the construction of the new development.

24. Where any of the preceding conditions has a time limitation for compliance, if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation for compliance specified in that condition), continues whilst the approved development continues.

Advice notes

i) The owner is advised that an obstruction permit may be required from the City for any future obstruction of the Hope Street and Wongan Avenue road reserves. An application for obstruction permit can be found via www.fremantle.wa.gov.au.

ii) The applicant is advised of the following:

a. Levels at the property boundary including any driveways and pedestrian access points shall match existing footpath and/or right of way levels;

b. Any adjustment in levels is to be achieved within the property boundaries; c. Details of all existing and proposed levels to be shown in the submitted

working drawings for a building permit, to show that existing footpath levels are maintained.

d. Minimum floor level to be road reduced level plus kerb height (150 mm) plus 2% slope towards to the property boundary. All levels are to be in AHD.

iii) In regard to the condition requiring a Construction Management Plan, Local

Planning Policy 1.10 Construction Sites can be found on the City’s web site via http://www.fremantle.wa.gov.au/development/policies. A copy of the City’s Construction and Demolition Management Plan Proforma which needs to be submitted with building and demolition permits can be accessed via: https://www.fremantle.wa.gov.au/sites/default/files/Construction%20and%20Demolition%20Management%20Plan%20Proforma.pdf The Infrastructure Business Services department can be contacted via [email protected] or 9432 9999.

http://www.fremantle.wa.gov.au/

https://www.fremantle.wa.gov.au/sites/default/files/Construction%20and%20Demolition%20Management%20Plan%20Proforma.pdf


mailto:[email protected]


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iv) A Building permit is required for the proposed Building Works. A certified BA1 application form must be submitted and a Certificate of Design Compliance (issued by a Registered Building Surveyor Contractor in the private sector) must be submitted with the BA1.

v) The applicant is advised that a crossover permit must be obtained from the

City’s Engineering Department. New/modified crossover(s) shall comply with the City’s standard for crossovers, which are available on the City of Fremantle’s web site.

vi) The applicant is encouraged to maintain the adjacent verge in accordance with

the City’s Verge Garden Policy which can be found on the City website at: https://www.fremantle.wa.gov.au/residents/trees-and-verges

vii) The applicant is advised that the proposed works indicated outside of the lot

boundaries of the subject site do not form part of this approval. Should the applicant wish to undertake these works separate approval is required from the City. Queries relating to these works should be directed to the City’s Technical Officer, Parks and Landscape via [email protected] or 9432 9999.

viii) In regards the condition requiring visual permeability of fencing, visually

permeable is defined by LPP 2.8 Fences Policy as:

Means, in reference to a wall, gate, door or fence that the vertical surface has:

Continuous vertical or horizontal gaps of at least 50mm width occupying not less than one half of its face in aggregate of the entire surface or where narrower than 50mm, occupying at least two thirds of the face in aggregate, as viewed directly from the street; or

A surface offering equal or lesser obstruction to view.

Visual Permeability Based on Size of Slats

Slat Size Gap Size Slats less than 50 mm wide

Gap size equal to or greater than twice the slat size

Slats 50 mm wide and greater

Gap size equal to or greater than slat size

ix) Work on construction sites shall be limited to between 7am and 7pm on any

day which is not a Sunday or Public Holiday. If work is to be done outside these hours a noise management plan must be submitted and approved by the City of Fremantle prior to work commencing.

x) Effective measures shall be taken to stabilize sand and ensure no sand

escapes from the property by wind or water in accordance with the City’s Prevention and Abatement of Sand Drift Local Law.

https://www.fremantle.wa.gov.au/residents/trees-and-verges



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xi) All mechanical service systems including air-conditioners and pool filters etc.

are to be designed and installed to prevent emitted noise levels from exceeding the relevant decibel levels as set out in the Environmental Protection (Noise) Regulations 1997 (as amended).

Details: outline of development application

Insert Zoning MRS: Urban

TPS: Residential Zone, Development Area

Insert Use Class: Grouped dwelling Multiple dwelling

Insert Strategy Policy: N/A

Insert Development Scheme: Local Planning Scheme No. 4 Lot 200 (No. 119) Hope Street White Gum Valley Local Development Plan

Insert Lot Size: 5489m2

Insert Existing Land Use: Vacant Site

Approval is sought for a Grouped and Multiple dwelling development at No. 119 (Lot 200) Hope Street, White Gum Valley. The proposed development comprises two rows of terrace housing including one two storey Multiple dwelling building which comprises 4 dwellings. The dwellings are accessed from Hope Street and Wongan Avenue via a one-way communal street. The common areas on site are proposed to be landscaped and two existing trees on site are to be retained through the development process, with one of the retained trees to be relocated from elsewhere on site. The development is located in Local Planning Scheme No. 4 sub area 6.3.2 and subject to the requirements of the LDP developed and adopted for the site in 2019. Specifically, the development includes the following:

28 residential dwellings o 9 two bedroom, two bathroom Grouped dwellings. o 10 three bedroom, two bathroom Grouped dwellings. o 5 three bedroom, two bathroom, one powder room Grouped dwellings. o 4 three bedroom, two bathroom Multiple dwellings.

51 on site resident parking bays.

The development plans also demonstrate vehicle access and car parking, landscaping, store areas

The plans also demonstrate landscaping and on street car parking to the property verge.


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Background: The site is zoned ‘Residential’ under the provisions of the City’s Local Planning Scheme No. 4 (LPS4). A LDP has been adopted for the site. The site comprises one lot of 5489m2 in area which was previously amalgamated from several residential lots. The lots are zoned Residential with an applicable residential density code of R60 due to the development being in accordance with the requirements of Local Planning Scheme No. 4 sub area 6.3.2. Dwellings which were located on the subject site have been previously demolished and the site is currently vacant. The site is located at the corner of Wongan Avenue and Hope Street and is bounded by Hope Street to the north, Wongan Avenue to the east and residential properties to the south and west. With regard to site topography, the site has an approximate fall from east to west of 2.5 metres. A review of the City’s property file has revealed the following information relevant to the subject site and/or this application:

The site specific LDP was adopted in accordance with the Council’s resolution of 25 September 2019.

The WAPC approved the amalgamation of 5 sites into the subject site on 17 July 2017.

Figure 1: Aerial and scheme composite


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Legislation and Policy: City of Fremantle Local Planning Scheme No. 4 (LPS4):

Clause 3.2.1 (a) Residential zone objectives.

Clause 4.8.2 – Variation to other requirements.

Table 1: Zoning.

Schedule 7: Local Planning Area 6 – White Gum Valley.

Schedule 7: Local Planning Sub Area 6.3.2. Legislation Planning and Development (Local Planning Schemes) Regulations 2015 State Government Policies State Planning Policy 7.0 – Design of the Built Environment State Planning Policy 7.3 – Residential Design Codes. Local Policies LPP 1.3: Public Notification of Planning Proposals. Local Planning policy 1.10 – Construction Sites policy; Local Planning Policy 2.12 - Planning Applications Impacting On Verge Infrastructure And Verge Trees Local Planning Policy 1.9 – Design Advisory Committee and Principles Of Design Consultation: Public Consultation The application was advertised to landowners and residents within 100m of the subject site for a period of 14 days, notification signs were also placed on the subject site and the application was advertised on the City’s website. The application was advertised from 22 January 2020 to 7 February 2020 and eight (8) submissions were received, raising the following concerns (summarised):

Issue Raised Officer’s comments

The number of dwellings is excessive.

The development proposes density consistent with the R60 coding afforded under Scheme amendment 75.

The development will result in excessive traffic at the entry and exit points.

The application is supported by a traffic impact statement which concludes as follows: “Based on a total of 28 dwellings, the development is forecast to generate 22 trips in the AM and PM peak hours


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The development is forecast to contribute an additional 7 AM peak hour and 12 PM peak hour trips through the intersection of Hope Street with Wongan Avenue, with an additional 3 AM peak hour trips and 6 PM peak hour through the intersection with Watkins Street and Wongan Avenue. The shared access way, Hope Street, Wongan Avenue, Watkins Street and the intersections surrounding the development site will comfortably accommodate these forecast traffic volumes” The traffic impact statement has been reviewed by the City’s Principal Engineer and supported.

Waste collection – concerns in relation to the number of bins provided for the development and collection being undertaken from Wongan Avenue and from the street generally. Safety concerns for road users on bin days as bins will block the view of pedestrians for vehicles accessing the site. Submitters requested that all waste collection take place on site, including recycling collection which is proposed to be collected from the street.

The application is supported by a waste management plan which outlines the consolidation of bins for the premises to reduce the overall number of bins provided. Collection of general waste will take place on site however the collection of the proposed ten 360L recycling bins is to take place on Wongan Avenue and Hope Street. The submitted waste management plan indicates a bin collection pad separated from the driveway access point, providing for appropriate sightlines for entering vehicles. The City’s Waste Coordinator has confirmed that for safety and efficiency reasons recycling collection is unable to be undertaken on site. Accordingly the ten 360L bins proposed to service the recycling collection for the development will be collected from Hope Street and Wongan Avenue.

Concern in relation to dwelling setback to Wongan Avenue which is not consistent with established setbacks on the street.

The proposed setback to Wongan Avenue is noted to generally comply with the required setback under the adopted LDP. While the setback is not consistent with other properties in Wongan Avenue this setback was adopted under the LDP. The ‘Juliette’ balcony setback is discussed in the officer comment section below.

Landscaping modifications – submitters requested multiple changes to landscaping detail such

Verge landscaping details will be subject to final approval from the City’s Parks and Landscaping department prior to installation. The development


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as increasing the size of planting areas along the western portion of driveway and encouraging native planting for the landscaping plan.

is supported by a landscaping report confirming the installation of waterwise planting across the development site itself. The endorsed onsite landscaping plan will need to be adhered to the satisfaction of the City in accordance with the recommended conditions. The verge landscaping is likewise required to be completed following appropriate final approvals.

Building design – the built form of the development is not aesthetically pleasing and considered harsh or commercial in appearance.

The built form design of the development has been reviewed and supported by the City’s Design Advisory Committee. Modifications to the design of the development discussed in the officer comment section below have been in part informed by the comments from the Design Advisory Committee.

On site open space is predominantly hard stand and vehicle access, concerned that parking bays and access driveways will not be sufficiently water permeable.

The applicant has confirmed that the driveways and parking bays will be water permeable and the car bays of the dwellings to the south are uncovered with pergola structures over. It is a recommended condition of approval that all stormwater be appropriately contained on site.

Lack of communal open space. The development is not required to provide an area of formal communal open space; informal seating is proposed to be provided in the communal open space in accordance with the R-Codes.

The development promotes excessive car ownership.

The applicant has provided car parking in accordance with the LDP requirement (51 bays), it is noted that the applicant has nominated some ‘flexible/potential’ car parking bays which can be provided for dwellings if required.

Safety impact of vehicle access point close to Wongan Avenue/Hope Street intersection.

The R-Codes require a setback of 6 metres from where a carriageway deviates for vehicle access points. The access point is provided 23 metres from this point and in the location identified in the adopted LDP.

Safety Concerns in relation to the property driveway aligning with the driveway across Wongan Avenue.

The LDP requires vehicle access in this location. The R-Codes do not contain requirements with regard to driveways facing one another.

Overlooking concerns from the proposed ‘Juliette’ balcony within the Wongan Avenue setback towards the dwelling across Wongan Avenue.

The ‘Juliette’ balcony is set back from the property across Wongan Avenue by approximately 30 metres and from the upper floor bedroom window of this property by approximately 40 metres. These setbacks comply with relevant R-Codes setback requirements and the separation between the buildings is considered to appropriately provide


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for mutual privacy.

Overlooking concerns from proposed dwellings to properties to the south.

It is noted that the habitable rooms on the upper floor of the south terrace of houses do not comply with the relevant visual privacy requirements of the R-Codes. Accordingly a condition is recommended to require that these windows be screened or otherwise made to comply with visual privacy setback requirements.

The development may interfere with television reception.

Access to television reception is not a valid planning consideration.

It is noted that consultation was also undertaken with surrounding landowners through the consideration of the LDP. Consultation on the plan was undertaken between July and August 2019. A total of 30 submissions were received, mostly expressing concern with the development indicated on the plan and raising issues in respect to streetscape, traffic volumes, waste collection, and the overall scale of development proposed. The applicant made modifications to the LDP in response to this consultation and the LDP was subsequently adopted on 25 September 2019. The applicant provided a response to the matters raised during the consultation period which is provided as attachment 4. Consultation with other Agencies or Consultants Nil required. Design Advisory Committee Although not specifically required under Clause 78B (6) (b) of LPS4, the proposal, prior to lodgement, was referred to the City’s Design Advisory Committee for comment on 11 November 2019. The proposal was generally supported by the DAC who acknowledged the legibility of access arrangements for the site and townhouse design. The DAC’s recommendation was to support the application, subject to consideration of the following:

The skillion roof form finishing with its high point at the southern edge has an unnecessary impact on solar access to the internal road and communal space.

Bin collection area being visible from Wongan Avenue is not a good outcome. Also the bins pick up on site need reconsideration as there appears to be a lot of bins and this area is very close to the dwelling on the adjacent southern property which may cause future amenity impacts.

Review of the location of the two pedestrian links to Hope Street is encouraged and possible deletion of the western link and enhancement of the other link could provide a better outcome.

Investigation into improved security for the internal road, together with shading for the carpark areas.

Introduction of a pedestrian access path to the western access way exit could be an appropriate alternative pedestrian north south linkage resulting from the removal of the western internal north south pedestrian link.


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In response to the DAC’s comments, the applicant provided the following comments:

In response to the recommendation to reconsider the pedestrian link, the applicant advised that this link was considered important to the accessibility of the southern dwellings and encouraging pedestrian movements. The access points were also considered to provide articulation and separation of the buildings which is considered to improve the future streetscape.

Security of the access points were considered appropriate with passive surveillance from neighbouring and opposite sites, road users and internal occupants. The paths are to be illuminated to improve security.

A third pedestrian access route was added along the western vehicle access point.

Larger, more consolidated bins were proposed, reducing the size of the required bin stores. The bin stores are to be screened from the street and are to have additional screening from the existing retained Norfolk Island Pine tree.

Based on the above considerations, the applicant is considered to have appropriately addressed the matters raised by the DAC. Planning Assessment: The proposal has been assessed against the relevant provisions of LPS4, the R-Codes and relevant State and Council local planning policies. On 24 May 2019, the State Government introduced new requirements for apartment development, being State Planning Policy 7.3: Residential Design Codes Volume 2 – Apartments (SPP 7.3). These do not provide deemed-to-comply requirements; they specify objectives which are to be addressed through a performance based assessment. Compliance is to be demonstrated by the applicant. In cases where these aspects of the development do not meet these requirements they have been assessed against the relevant discretionary criteria. In this particular application the areas outlined below are considered to require discretionary assessment:


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Local Planning Scheme

Item Requirement Proposal Compliance

Local Planning Scheme No. 4 – Land Use

Multiple dwelling (‘D’* use in a Residential Zone). Grouped dwelling (‘D’* use in a Residential Zone).

4 Multiple dwellings and 24 Grouped dwellings.

Supported – See Officer comment section of report.

Local Planning Scheme No. 4 6.3.2 (a) – Housing Diversity

Diversity of housing typologies is to be demonstrated with: (i) A minimum of 30% of proposed dwellings having a floor area less than 120m2; and (ii) a maximum of 40% of proposed dwellings having a floor area more than 140m2.

21 of the 28 (75%) houses have an internal floor area of less than 120m2. No houses are proposed with a floor area over 140m2.

Complies

Local Planning Scheme No. 4 6.3.2 (b) – Energy efficiency

The proposed development provides 1.5+ star in excess of the current energy efficiency requirement of the National Construction Code.

Conditions of approval are recommended requiring compliance with this requirement, to be demonstrated prior to the issue of a building permit.

Complies.

Local Planning Scheme No. 4 6.3.2 (c) – Solar panels

Each dwelling provides a minimum 2Kw photovoltaic solar panel system.

As above. Complies.

Local Planning Scheme No. 4 6.3.2 (d) – Open space

A minimum of 60% open space as defined by the R-Codes being provided within the development

The development includes 60% (3282m2) open space.

Complies.


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site and supported by a detailed Waterwise landscaping plan.

Local Planning Scheme No. 4 6.3.2 (e) – Waterwise plantings

At least 25% of the development site shall be landscaped with Waterwise plantings and permeable surfaces.

The development includes permeable surfaces and waterwise plantings in accordance with the submitted landscaping plan. Permeable surfaces – 45% (2,473m2)

Complies

Local Planning Scheme No. 4 6.3.2 (f) – Deep planting zone dimensions

A deep planting zone minimum 3m dimension and 9m2 in area shall be provided for each single house or grouped dwelling with a minimum 400L approved tree planted in the deep planting zone prior to occupancy of the development.

The development includes 57 deep planting zones, each DPZ is provided as 9m2. A condition of approval is recommended ensuring the installation of the 400L trees in accordance with the submitted landscaping plan.

Complies

Local Planning Scheme No. 4 6.3.2 (g) – Landscaping of street verges

Landscaping treatment of street verges.

Verges are proposed to be landscaped in accordance with the submitted landscaping plans. This element will require further approval from the City following any development approval.

Complies

Local Planning Scheme No. 4 6.3.2 (h) –

Dwellings adjacent to the street shall be

As proposed. Complies.


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Dwelling access provided with direct access from the street, and shall include major openings to habitable rooms overlooking the street.

Local Planning Scheme No. 4 6.3.2 (i) Parking permeability

Parking area surface treatments to be water permeable.

As proposed. Complies

Local Planning Scheme No. 4 6.3.2 (j) – Site access

Consolidated site access points being provided to encourage coordination of access and minimise the number of crossovers

As proposed Complies.

Local Planning Scheme No. 4 6.3.2 (k) – LDP

A LDP is required to be prepared prior to the approval of any proposed development

The proposed development is generally consistent with the adopted LDP.

Complies.

*Means that the use is not permitted unless the Council has exercised its discretion by granting planning approval Local Development Plan Where a variation to the LDP requirements is identified below, a discretionary assessment of this aspect of the proposal is provided in accordance with cl. 4.8.2 of Local Planning Scheme No. 4 (variation to other requirements). Where relevant, the design principles of the Residential Design Codes are considered in this assessment for guidance.


4 – Landscaping plan

A detailed landscaping plan is to be submitted with any development application.

The development application includes a comprehensive landscaping plan.

Complies

5 – Tree retention The Norfolk Island Pine tree is to be retained and the Jacaranda tree is to be retained or relocated to a nearby location on site.

The Norfolk Island Pine is to be retained per the landscaping plan and the Jacaranda tree is to be relocated.

Complies


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6 – Waterwise areas

Areas prescribed in the LDP as ‘Waterwise’ shall be developed with waterwise plantings and permeable surfaces.

The applicant has confirmed that these areas are proposed to be vegetated with primarily native species which have low watering and maintenance requirements. The waterwise area has been designed with permeable surfaces to assist with on-site water management and reduce the impact of hard surfaces.

Complies. A condition is recommended requiring the installation of landscaping in accordance with the submitted plan.

7 – Deep Planting Zones

Locations indicated as deep planting zones shall have a minimum dimension of three metres and be 9m² in area. Deep planting zones shall be planted with a 400L tree species approved by the City prior to occupancy of the development.

The development involves minor variation to the location of the DPZs shown in the LDP due to the reconfiguration of access ways. DPZs are provided as follows:

One DPZ per dwelling to the northern dwellings.

Two DPZ per dwelling to the southern dwellings.

All DPZs are 3mx3m and the landscaping plans indicate the installation of a 400L tree.

Refer to officer comment section below.

8 – Outdoor Living Areas

Outdoor living areas such as balconies and courtyards shall be located within the areas designated in the LDP.

Balconies proposed in accordance with LDP with the exception of the ‘Juliette’ balcony facing Wongan Avenue.


9 – Pedestrian access location

Pedestrian access shall be provided in accordance with the LDP.

Pedestrian access is generally provided in accordance with the LDP, however an additional access leg is provided along the western driveway.

Refer to officer comment section.


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10 – Vehicle access and egress

Vehicle access and egress to the site shall be via the two designated crossover locations on the LDP and the access way limited to the dimensions shown on the LDP.

As proposed. Complies.

11 – Carport, garage and car parking locations

Carport, garage and car parking locations shall be provided in the locations designated on the LDP.

The location of car parking bays and carports have been slightly modified to accommodate the relocated pedestrian access way. The application includes pergolas over some of the southern car parking bays.


12 – Verge car parking

Verge car parking shall be designed and constructed by the future developer of the site in the Hope Street road reserve in a location and configuration of bays to be confirmed with City.

The development plans demonstrate the installation of verge parking bays however final design approval will be required from the City’s Infrastructure department prior to their installation. A condition of development approval is recommended ensuring their construction prior to the occupation of the development.

Complies.

13 – Building envelope

Buildings shall be fully constructed within the building envelope to a maximum of two storeys.

The development is generally within the building envelope with the exception of a small portion of the northeast dwelling and western dwelling.


14 – Setbacks All setbacks shown on this LDP are minimums

Reduced setbacks are proposed to the western and eastern boundaries.


15 – Store location Stores may be designed and constructed within

No stores are proposed abutting

N/A


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rear / side setback areas with a nil boundary setback.

boundaries

16 – Store height Stores abutting a boundary shall not exceed 2100mm in height.

No stores are proposed abutting boundaries

N/A

17 – Building wall articulation (Hope Street)

Building walls fronting Hope Street are to be provided with a minimum of one articulation.

Building walls fronting Hope Street are provided with two articulations consisting of four houses being set back an additional one metre from the boundary. Sections of the apartments have also been set back an additional one metre from the boundary to increase the articulation of the buildings. The eastern end of the building fronting Hope Street includes a house set back an additional nine metres from the boundary.

Complies

18 – Building wall articulation (south)

Building walls fronting properties to the south are to be provided with a minimum of two articulations.

Building walls fronting the southern boundary are provided with three articulations which consist of seven of the 11 dwellings within the one contiguous building being set back an additional one metre from the boundary.

Complies

19 – Dwelling abutting Wongan Avenue

The dwelling abutting Wongan Avenue shall incorporate: i. Treatments to the

Wongan Avenue interface to provide articulation and minimise streetscape impact; and

ii. Passive surveillance

The dwelling provides additional articulation through the following:

The addition of a ‘Juliette’ balcony to the eastern façade.

A glazed sliding door opens in the balcony with

Complies


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over the adjacent communal open space area

a front door below.

Visually permeable fencing and the upper floor balcony provide for additional passive surveillance.

20 – Fencing requirements

Fences shall be constructed to the following parameters in the locations indicated on the LDP.

See below assessment.

Refer officer comment section.

Fence Type Requirement Provided Compliance

Type 1 – Front fence within the primary street setback area facing (parallel to) Hope Street

In accordance with R-Codes (visually permeable above 1200 to a max. height of 1800).

All Type 1 fences are solid limestone to 1200 with permeable metal fence above to 1800 in height.

Complies

Type 2 - Front fence within the primary street setback area, perpendicular to Hope Street

In accordance with R-Codes (visually permeable above 1200 to a max. height of 1800) with allowance for limited higher solid wall returns between lots where: i. necessary to

provide a degree of privacy to primary outdoor living spaces; and

ii. They can be demonstrated to have a negligible impact on the streetscape.

Dividing fences within the front setback area are proposed to be solid to 1800 in height to provide the required privacy for the primary outdoor living spaces of the northern houses.


Type 3 – Front fence and fences outside the primary street setback area

Solid or permeable as required, height to max 1800.

The front fences of the southern house facing the shared laneway are



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proposed to be solid to a maximum height of 2100 in intermittent sections to provide for storage areas. Other sections of the fence will be full height permeable mesh. This will represent approximately 30% permeability, however, will vary with each house.

Type 4 – Rear fence and rear dwelling dividing fence

Solid, height to maximum 2100.

Type 4 fences are proposed to be a maximum of 2100 in height.

Complies.

SPP 7.3 – Volume 1 – Residential Design Codes Volume 1 The portion of the proposal comprising Grouped dwellings has been considered against the deemed-to-comply criteria of SPP 7.3 Volume 1. Where the development has been assessed to not satisfy the relevant deemed-to-comply criteria, compliance with the relevant design principles is discussed in the Officer Comment section below.


Driveway location

Driveways to be set off side lot boundaries by 0.5m.

The shared laneway exit running north-south on the western side of the site is set off the boundary by 400mm.

Does not comply, refer to officer comment section below.

Visual Privacy

Balconies to be set back 7.5m from lot boundaries or appropriately screened.

Balcony to dwelling on lot 25 set back approximately 6.9m from boundary with 5 Wongan Avenue.


Store Areas

A 4m2 store is provided for each dwelling with a minimum dimension of 1.5m.

Stores provided for proposed Grouped dwellings do not satisfy minimum store dimension requirements.


SPP7.3 - Volume 2 – Residential Design Codes Volume 2 - Apartments The portion of the proposal comprising Multiple dwellings has been considered against the principles of SPP 7.0 – Design of the Built Environment. These comments are supported by the assessment below which provides more detailed consideration of the


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specific provisions of SPP 7.3 and an assessment against the relevant requirements of the R-Codes (Volume 2) can be seen in Attachment 3. Further discussion of the relevant Element Objectives of the R-Codes for store areas and universal access for the Multiple dwelling portion of the development is provided below. Officer Comments The below principles inform the Element Objectives of the state planning policy which are supported by ‘Acceptable Outcomes’. The R-Codes also state that whilst compliance with the Acceptable Outcomes is likely to achieve the Objectives they are not a deemed-to-comply pathway and the proposal will be assessed in context of the entire design solution to ensure the Objectives are achieved. It also notes those other satisfactory designs responses to the Element Objectives may exist which need to be assessed on their individual merits.

Principle Officer Comment

Context and character Good design responds to and enhances the distinctive characteristics of a local area, contributing to a sense of place.

The proposed development is consistent with the intended and desired character of the subject site, being generally in accordance with the relevant LDP adopted for the site.

Landscape quality Good design recognises that together landscape and buildings operate as an integrated and sustainable system, within a broader ecological context.

The development application includes comprehensive landscaping plans which demonstrate the ability of the development to provide high quality landscaped areas, including landscaped communal open space areas.

Built form and scale Good design ensures that the massing and height of development is appropriate to its setting and successfully negotiates between existing built form and the intended future character of the local area.

The proposed development has regard to the relevant statutory controls applicable to the development with regard to setbacks and height.

Functionality and build quality Good design meets the needs of users efficiently and effectively, balancing functional requirements to perform well and deliver optimum benefit over the full life-cycle.

The proposed design is considered to have regard to the functionality of the individual buildings including pedestrian and vehicle access and circulation. The proposal is considered to appropriately satisfy the relevant accessibility requirements for dwellings, encouraging use of the dwellings by inhabitants for the life of the development.

Sustainability Good design optimises the sustainability of the built environment, delivering positive environmental, social and economic outcomes.

The proposed development will meet a minimum 7.5 star NATHERS rating in accordance with the relevant statutory requirements applicable to the site and includes solar panel systems.

Amenity Good design provides successful places

The proposed development provides for a variety of dwelling types and contributes to


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that offer a variety of uses and activities while optimising internal and external amenity for occupants, visitors and neighbours, providing environments that are comfortable, productive and healthy.

the residential density mix of the immediate locality. The internal spaces such as the provided outdoor living areas and communal open spaces are considered to appropriately provide for internal amenity.

Legibility Good design results in buildings and places that are legible, with clear connections and easily identifiable elements to help people find their way around.

Access arrangements for the development are clearly provided and will be readily legible for inhabitants.

Safety Good design optimises safety and security, minimising the risk of personal harm and supporting safe behaviour and use.

The development provides relevant security measures such as good passive surveillance to ensure the safety of inhabitants.

Community Good design responds to local community needs as well as the wider social context, providing environments that support a diverse range of people and facilitate social interaction.

The development provides a diverse range of dwelling sizes which ultimately caters for needed alternative housing typologies for the greater White Gum Valley community.

Aesthetics Good design is the product of a skilled, judicious design process that results in attractive and inviting buildings and places that engage the senses.

The development is considered to provide for an appropriate level of design quality for Multiple dwelling uses. The development is considered to engage well with street frontages providing passive surveillance and legible access points.

The table in Attachment 4 considers the proposed development against the Acceptable Outcomes of R-Codes Volume 2 in the first instance. Land Use Multiple dwellings and Grouped dwellings are ‘D’ land uses within a Residential zone which means that the use is not permitted unless the Council has exercised its discretion by granting planning approval. Typically In considering a ‘D’ use the Council will have regard to the matters to be considered in the Planning and Development (Local Planning Schemes) Regulations 2015. In this regard the following matters have been considered: (a) The aims and provisions of this Scheme and any other local planning scheme

operating within the Scheme area (m) The compatibility of the development with its setting including the relationship of the

development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development

(n) The amenity of the locality including the following: (i) Environmental impacts of the development (ii) The character of the locality


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(iii) Social impacts of the development (y) Any submissions received on the application. The proposed land uses are considered to satisfy the matters to be considered including the objectives of the Residential zone for the following reasons:

The proposal will create a unique and interesting development that generally responds to the context and the climate.

The development will introduce a range of alternative housing typologies to the existing WGV mix.

The development is considered to provide a high quality urban and built form outcome.

Visual Privacy – Residential Design Codes Volume 1


Visual Privacy – Lot 25 Dwelling Balcony

7.5m setback 6.9m setback Refer to design principle assessment below.

Visual Privacy – Lot 14 Balcony


Visual Privacy – Lot 14 Bedroom


Visual Privacy – Lots 14-24

4.5m setback 3m setback Refer to design principle assessment below.

The balcony to the proposed dwelling on lot 25 overlooks the adjoining property to the south east (5 Wongan Avenue) behind the street setback line. The unscreened eastern side of the balcony is not considered to appropriately satisfy the relevant design principles of the R-Codes as the balcony overlooks the neighbouring outdoor living area. In accordance with the above assessment, a condition of approval is recommended to require that the side of the balcony of the dwelling to Lot 25 be screened in accordance with the requirements of the R-Codes. It is noted that a perpendicular screen, attached to the side of the balcony, could provide for visual privacy in accordance with the relevant deemed-to-comply criteria without compromising the outlook over the nearby onsite parking bays which is considered to provide beneficial passive surveillance. The bedroom and balcony of the dwelling on Lot 14 overlook the adjoining property (117A Hope Street) behind the street setback line; however the area overlooked is a driveway and is not considered to comprise a sensitive outdoor living area or active habitable space. Accordingly the minor modification which would be required to satisfy the deemed-to-comply requirements is not considered necessary in this instance. The upper floor bedrooms of the dwellings to lots 14-24 are set back from the rear property boundary 3 metres, with a 4.5 metre setback required in accordance with R-Codes 5.4.1. These windows are considered to overlook the rear yards and outdoor


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living areas of the properties to the south of the subject site and therefore a condition is recommended requiring that these windows be screened. Driveway location


Driveway location Driveways to be set off side lot boundaries by 0.5m.

The laneway exit running north-south on the western side of the site is set off the boundary by 400mm.


The proposed vehicle access way location is considered to be provided in accordance with the relevant design principles of the R-Codes for the following reasons:

The development provides for appropriate vehicle access sightlines and a condition of approval is recommended ensuring that these are maintained.

The development has consolidated vehicle access points and crossovers into a one way access and prioritised pedestrian access to the site by providing a dedicated pedestrian access way along this access point rather than the shared arrangement shown in the LDP.

The development is accompanied by a landscaping plan which demonstrates the installation of high quality landscaped features to this setback.

Store areas – Residential Design Codes Volume 1 and 2


Store areas for Multiple and Grouped dwellings

Stores are to be a minimum area of 4m2 and a minimum dimension of 1.5m

Stores provided range between 2m2 and 3m2 (approx) and 0.7 to 1.1m in minimum dimension.

Refer to design principle/element objective assessment below.

The proposed store areas are considered to be provided in accordance with the relevant element objectives/design principles of the R-Codes for the following reasons:

Each dwelling has exclusive use of a separate ventilated, weatherproof bulky goods storage area.

The store areas are provided in an area which is convenient next to parking bays, away from the primary street and subject to passive surveillance.

The applicant has advised that the store areas are provided to ensure their ability to store a bicycle supporting the use of alternate transport modes for the development.

Additional store areas are provided within the proposed dwellings.


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Deep planting zone location


Deep planting zones (DPZ) to be provided as shown in the LDP.

DPZs to be provided as shown in LDP.

Minor modifications are made to the location of deep planting zones due to the changes in pedestrian access way location.

Refer to assessment below.

The changes to the DPZ locations are considered appropriate as the proposed changes to the location of DPZs for the development do not alter compliance with the remaining requirements of the LDP. 57 DPZs are provided with a 400L tree shown in each. 20 DPZs are provided in communal laneways and parking areas, with a total of 57 DPZs provided across the site. Balcony and outdoor living area location


Balcony and outdoor living area location.

Balconies and outdoor living areas to be provided as shown in LDP.

Additional small ‘Juliette’ balcony provided to the dwelling on lot 1 facing Wongan Avenue.


The location of the additional balcony is considered appropriate as it will contribute to the active and articulated façade of the development as it faces Wongan Avenue. The dwelling to lot 1 is provided with a primary balcony outdoor living area and ground floor outdoor living area both with a northern aspect and open to winter sun and ventilation. The ‘Juliette’ balcony is considered to contribute to passive surveillance of the Wongan Avenue roadway. The privacy of adjacent properties is considered to be maintained due to the areas overlooked by the balcony being in the street setback area. Pedestrian access way location


Pedestrian Access Location

Per LDP. Dedicated pedestrian access provided adjacent to the western vehicle access point and the central pedestrian access relocated one lot further west.


The proposed modifications to the LDP pedestrian access locations are supported in accordance with cl. 4.8.2.1 of LPS4 as the location of pedestrian access ways will not unduly impact adjoining properties or the locality. The addition of an additional pedestrian


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access way is considered to improve pedestrian safety and legibility through the development to individual dwellings. It is noted that the reconsideration of pedestrian access was recommended by the City’s Design Advisory Committee. Car parking location


Car parking location Per LDP. Minor modifications to parking location to accommodate modified pedestrian access arrangements.


The proposed modifications to the LDP parking locations are supported in accordance with cl. 4.8.2.1 of LPS4 as the location of pedestrian access ways will not unduly impact adjoining properties or the locality. Parking remains generally in accordance with the LDP and the improved pedestrian access arrangement is considered to be a positive outcome for the development. The number of parking bays provided remains consistent with the LDP requirement of 51 parking bays. The applicant has noted that not all of these bays will be required for the development and provides the option for them to be utilised only if needed by the development. Building envelope


Building envelope location

Per LDP. Minor modifications to building envelope location to accommodate modified pedestrian access arrangements.


The proposed modifications to the LDP building envelope locations are supported in accordance with cl. 4.8.2.1 of LPS4 as the location of the buildings is generally consistent with the LDP and will not unduly impact adjoining properties or the locality. Buildings remain generally in accordance with the LDP and the improved pedestrian access arrangement is considered to be a positive outcome for the development. Fencing height


Fences perpendicular to front boundary within front setback facing Hope Street.

Visually permeable above 1.2m to a maximum height of 1.8m.

1.8m high fencing. Refer to assessment below.

Fencing to the southern houses facing the shared laneway.

1.8m maximum height.

2.1m maximum height.



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The applicant has proposed the enclosure of the sides of the front setback area with 1.8m high solid fences. While the fencing to the front boundary will be visually permeable in accordance with the LDP, the remainder of fencing around the front setback is proposed to be solid. The applicant has argued that this enclosure of the front courtyard areas will provide for privacy screening and will make the areas functional and encourage active use by future residents. The applicant has further argued that “the prevailing streetscape created by the fencing design is sympathetic to the surrounding area and compliments the two-storey terraced housing design.” The LDP has allowance for limited higher solid wall returns between the lots if the following criteria are met:

The wall is necessary to provide a degree of privacy to primary outdoor living spaces; and

They can be demonstrated to have a negligible impact on the streetscape. With regard to the streetscape of Hope Street where the solid fences are proposed, generally this streetscape is considered to be of an open character with low fences which provide for mutual surveillance to and from dwellings. The solid fencing to the primary street setback area is therefore considered to have an undue impact upon the character of the streetscape. Accordingly a condition of approval is recommended requiring that the fencing within the 5 metre front setback area be visually permeable in accordance with the LDP. This will permit the front yard areas some area of screening outside this front setback area while permitting the development to align with the fencing in the streetscape. With regard to the internal fences for the yards of the southern dwellings, the increase in height from 1.8 metres to 2.1 metres is supported on the basis that this over height portion permits the accommodation of store areas for the dwellings in an area which will not impose on adjoining outdoor living areas. The applicant has noted an approximate 30% visually permeable mesh for the remaining frontages of the proposed southern dwellings onto the access way. Accordingly, this aspect of the development is supported. Setbacks (West & East)


LDP Setback (West) – Lot 14

1.5m 1.325m Refer to assessment below.

LDP Setback (East)

- Lot 1

1m 0.5m (to ‘Juliette’ balcony).


The proposed reduced setbacks to the western and north-eastern site boundaries are supported in accordance with cl. 4.8.2.1 of LPS4 for the following reasons, using the design principles of the R-Codes for guidance.


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The reduced setback to the west of the dwelling on lot 14 generally adjoins an area on the adjoining property utilised for vehicle circulation, the primary outdoor living area of the neighbouring property is on the opposite side of the dwelling. The dwelling provides obscure glazing to the upper floor window facing to the west, thereby protecting mutual privacy, and shade cast by the dwelling at midwinter will not fall over the adjoining site. Accordingly the setback of this dwelling is not considered to detrimentally affect the adjoining property with regard to its building bulk, impact on privacy or shade cast to the neighbouring property at midwinter. The reduced setback to the eastern boundary to Wongan Avenue for the ‘Juliette’ balcony to the dwelling on lot 1 is considered appropriate in accordance for the following reasons:

The balcony introduces a lightweight element which is not considered to detract from the character of the existing streetscape. The remainder of the development is set back from the boundary in accordance with the LDP required setback.

The location of the balcony does not impact the ability of the development to accommodate parking, landscaping, and utilities nor does it affect safety clearances for essential service corridors.

The balcony reduces enhances the ability of the development to provide passive surveillance over the streetscape and reduces the extent of blank walls facing the street.

The balcony overlooks the streetscape only. Universal access


Universal access. Circulation and common spaces are designed for universal access.

50% (2) of multiple dwellings are not available for universal access as they are accessed via a stair only.


Access arrangements for the proposed multiple dwellings provide universal access for only 50% of the proposed dwellings. The upper dwellings are accessed via a stair and this area of the common space is accordingly universal access to these dwellings is not provided. This arrangement is considered appropriate as the access way to these apartments is only likely to be accessed by the inhabitants of these dwellings. The remainder of the development permits access with a continuous path of travel throughout the development.


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Conclusion: The application seeks approval for a two storey Grouped dwelling and Multiple dwelling development containing 28 dwellings at No. 119 (Lot 200) Hope Street, White Gum Valley. The application seeks discretion against Local Planning Scheme No. 4, the applicable LDP, and the Residential Design Codes (Volumes 1 and 2). The proposal is considered to satisfy the relevant planning criteria in relation to these discretionary assessments for the reasons outlined above in the ‘Officers Comment’ section. The proposal is generally considered to add to the range of available residential dwellings available in White Gum Valley and is considered to contribute to the Council’s strategic objective of providing more diverse dwelling types. Accordingly the application is recommended for conditional approval.


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PC2003 - 3 POINT STREET, NO. 8 (LOT 34), FREMANTLE - SEVEN STOREY MIXED USE DEVELOPMENT (168 ROOM HOTEL, SHOPS, OFFICES, 45 MULTIPLE DWELLINGS) – (NB DAP004/19)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda attachments: 1.Development Plans Additional information: 1: Site photos

2: DAC Minutes 3: Applicant’s Analysis 4: Schedule of Submissions

SUMMARY

Approval is sought for a seven storey Mixed use development comprising Shops, Offices, a 168 room Hotel, and 45 Multiple dwellings at 8 Point Street in Fremantle. As the development value exceeds $45 million, the Joint Development Assessment Panel (JDAP) is the determining body. The City’s Responsible Authority Report (RAR) is referred to Planning Committee for comment. The application is recommended for conditional approval.

PROPOSAL

Detail Approval is sought for the following:

Partial demolition of the existing car park structure

Basement level services area

Seven storey Hotel with 168 rooms and a ground floor Restaurant

Seven storey Multiple dwelling building comprising 45 units, a common area gym, 72 car bays, and internal courtyard

Ground floor shops

Ground floor of the car park converted into Offices. Site/application information Date received: 8 November 2019 Owner name: SKS Land Pty Ltd Submitted by: 3E Design Scheme: City Centre Heritage listing: Not listed Existing land use: Public car park Use class: Multiple Dwelling, Hotel, Shops, Offices Use permissibility: D, A, P, P


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NB: The applicant is currently working on revised plans to be submitted for the final RAR due date for JDAP in response to City comments, and has provided a summary of the proposed changes. This summary has been used as the basis of the below report.


The Planning Committee acting under delegation 1.1:

1. SUPPORT the Officer’s Recommendation to APPROVE DAP Application reference DAP004/19 and accompanying plans Project 002 Drawing Nos 00-23, and CAPA Landscaping Plans 3-14, in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the City of Fremantle Local Planning Scheme No. 4, subject to the conditions outlined in the responsible authority report.


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Form 1 – Responsible Authority Report (Regulation 12)

Property Location: No. 8 (Lot 34) Point Street, Fremantle

Development Description: Seven storey mixed use development (168 Room Hotel, Shops, Offices, 45 Multiple dwellings)

DAP Name: Metro South-West JDAP

Applicant: 3E Design

Owner: SKS Land Pty Ltd

Value of Development: $45 million

LG Reference: DAP004/19


Authorising Officer: Manager Development Approvals


Report Due Date: 9 March 2020

Application Received Date: 8 November 2019

Application Process Days: 90 Days

Attachment(s): 1: Development Plans 2: Copies of Responses from Referral Agencies 3: DAC Minutes 4: Traffic Engineering Report 5: Waste Management Plan 6: Applicant’s Analysis 7: Schedule of Submissions

Officer Recommendation: That the Metro South-West JDAP resolves to:

1. Approve DAP Application reference DAP/19/1697 and accompanying plans Project 002 Drawing Nos 00-23, and CAPA Landscaping Plans 3-14, in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the City of Fremantle Local Planning Scheme No. 4, subject to the following conditions:

Conditions 1. This approval relates only to the development as indicated on the approved plans,

dated 3 February 2020. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. This development approval does not relate to any works within the road reserve other

than awnings for weather protection and signage.


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3. The approved development shall be wholly located within the cadastral boundaries of the subject site including any footing details of the development.

4. All storm water discharge shall be contained and disposed of on-site unless otherwise

approved by the City of Fremantle. 5. Prior to the issue of a Building Permit, the awnings within the road reserve to be

amended to be designed around the existing and proposed trees to the satisfaction of the City of Fremantle.

6. Prior to the issue of a Building Permit for the development hereby approved, final

details of the external materials, colours and finishes of the proposed development, including a physical sample board or materials is to be submitted and approved to the satisfaction of the City of Fremantle, on the advice of the City’s Design Advisory Committee.

7. Prior to the issue of a Building Permit for the development hereby approved, storm

water disposal plans, details and calculations must be submitted for approval by the City of Fremantle and thereafter implemented, constructed and maintained to the satisfaction of the City of Fremantle.

8. Prior to the issue of a Building Permit for the development hereby approved, the

owner shall contribute a monetary amount equal in value to one percent of the estimated development cost, as indicated on the Form of Application for Planning Approval, to the City of Fremantle for development of public art works and/or heritage works to enhance the public realm in accordance with LPP 2.19: Contributions for Public Art and/or Heritage Works and to the satisfaction of the City of Fremantle. Based on the estimated cost of the development being $45 million the contribution to be made is $450,000.

9. Prior to the issue of a Building Permit for the development hereby approved, thirteen

(13) Class 1, and eleven (11) Class 3 (As defined in LPS4) bicycle racks shall be provided, to the satisfaction of the City of Fremantle. Prior to occupation of the development, the approved bicycle racks must be installed and thereafter be maintained for the life of the development, to the satisfaction of the City of Fremantle.

10. Prior to the issue of a Building Permit for the development hereby approved, end of

trip facilities shall be provided, to the satisfaction of the City of Fremantle as follows:

1 male and 1 female (or 2 unisex) showers for the Hotel, and

1 male and 1 female (or 2 unisex) showers for the other non-residential units,

OR

2 male and 2 female (or 4 unisex) showers for use of all non-residential units within the entire development.

Prior to occupation of the development the approved end of trip facilities must be installed and thereafter be maintained for the life of the development, to the satisfaction of the City of Fremantle.


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11. Prior to the issue of a Building Permit for the development hereby approved, thirteen (13), lockers shall be provided, to the satisfaction of the City of Fremantle. The facilities must thereafter be retained for the life of the development to the satisfaction of the City of Fremantle.

12. Prior to the issue of a Building Permit for the development hereby approved , all

piped, ducted and wired services, air conditioners, hot water systems, water storage tanks, service meters and bin storage areas must be located to minimise any visual and noise impact on the occupants of nearby properties and screened from view from the street. Design plans for the location, materials and construction for screening of any proposed external building plant must be submitted to and approved by the City of Fremantle.

13. Prior to the issue of a Building Permit and Demolition Permit for the development

hereby approved, a Construction and Demolition Management Plan shall be submitted and approved, to the satisfaction of the City of Fremantle addressing, but not limited to, the following matters:

a) Use of City car parking bays for construction related activities; b) Protection of infrastructure and street trees within the road reserve; c) Security fencing around construction sites; d) Gantries; e) Access to site by construction vehicles; f) Contact details; g) Site offices; h) Noise - Construction work and deliveries; i) Sand drift and dust management; j) Waste management; k) Dewatering management plan; l) Traffic management; and m) Works affecting pedestrian areas.

The approved Demolition and Construction Management Plan shall be adhered to throughout the demolition of the existing building on site and construction of the new development.

14. Prior to the issue of a Building Permit for the development hereby approved, the

design and materials of the development shall adhere to the requirements set out within City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2. Specifically, the development shall provide the following:

a) Glazing to windows and other openings shall be laminated safety glass of minimum thickness of 6mm or “double glazed” utilising laminated or toughened safety glass of a minimum thickness of 3mm.

b) Air conditioners shall provide internal centrally located ‘shut down’ points and associated procedures for emergency use.

c) Roof insulation in accordance with the requirements of the Building Codes of Australia.


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15. Prior to the issue of a building permit, the applicant/owner is to submit a copy of documentation from the Green Building Council of Australia or a suitably qualified professional stating how the development will achieve a Green Star rating of at least 4 Stars or equivalent, to the satisfaction of the City of Fremantle.

16. Prior to issue of a building permit of the development hereby approved, the owner is

to submit a waste management plan for approval by the City, detailing at a minimum the following:

Estimated waste generation

Proposed storage of receptacles

Collection methodology for waste

Additional management requirements to be implemented and maintained for the life of the development.

The waste management plan should give consideration to the fact the City is required to manage residential waste. As a result, the waste management plan will need to align with the waste services available to residents. The Waste Management Plan must be implemented at all times to the satisfaction of the City of Fremantle.

17. Prior to the issue of a Building Permit for the residential development hereby

approved, the design and materials of the development shall adhere to the requirements set out within City of Fremantle Local Planning Policy 2.18 – New Residential Developments in the City Centre Zone – Noise from an Existing Source. Specifically, the development shall provide the following:

a) to all external openings (windows and doors): i) airtight rubber seals to provide acoustic protection; and ii) sliding windows shall be substituted with awning windows as they are able

to achieve a positive compression seal; and iii) standard 6mm glass shall be substituted with sealed thickened laminated

glass (no less than 10mm); or iv) standard 6mm glass shall be substituted with acoustic double glazing

incorporating a 12mm thick pane of laminated glass set in a sealed metal frame with a 100mm air gap to the other pane of glass;

b) to all external walls: i) shall achieve a sound rating of Rw 45 dB or greater;

c) to all floors and ceilings: i) A 150mm thick concrete slab with either carpet or acoustically installed

timber flooring or tiles; or ii) Installing high density insulation batts into the cavity of a lightweight,

suspended and floating ceilings or floors to absorb sound; or

Building components are isolated using resilient compounds such as rubber, neoprene or silicone for the purpose of reducing the transfer of noise.

18. Prior to the occupation of the development hereby approved, units 06-04, 03-01, 04-

01, 04-02, 05-01, 05-02, and 06-01 are to demonstrate acoustic compliance that meets or exceeds the minimum standards of the AAAC Guideline for Apartment and Townhouse Acoustic Rating (or equivalent) to the satisfaction of the City of Fremantle.


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19. Prior to occupation of the development, all habitable rooms are to be fitted with ceiling

fans to the satisfaction of the City of Fremantle.

20. Prior to the occupation of the development hereby approved, all car parking, and

vehicle access and circulation areas shall be maintained and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the City of Fremantle.

21. Prior to the occupation of the development hereby approved, vehicle crossovers shall

be constructed to the City’s specification and thereafter maintained to the satisfaction of the City of Fremantle.

22. Prior to the occupation of the development hereby approved, any redundant

crossovers shall be removed and the verge and kerbing reinstated to the City’s specifications, at the expense of the applicant and to the satisfaction of the City of Fremantle.

23. Prior to the occupation of the development, the approved landscaping, including

vegetation within the verge and Princess May Park, shall be completed in accordance with the approved plans or any approved modifications thereto to the satisfaction of the City of Fremantle. All landscaped areas are to be maintained on an ongoing basis for the life of the development, to the satisfaction of the City of Fremantle.

24. Prior to occupation of the development hereby approved, a Notification pursuant to

Section 70A of the Transfer of Land Act 1893 shall be prepared to the satisfaction of the City of Fremantle and registered against the Certificate of Title of every residential dwelling, to notify owners and prospective purchasers of any dwelling that the land is located in the City Centre and in close proximity or adjacent to, an area where non-residential uses may exist or be approved and, as a result, the land may be affected by activities and noise not normally associated with residential development. All costs and incidentals relating to the preparation of and registration of the Section 70A notification, including related City of Fremantle Solicitors’ costs, shall be met by the owner of the land.

25. Prior to occupation of the development hereby approved, a Notification pursuant to

Section 70A of the Transfer of Land Act 1893 shall be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and subsequent owners of the land that the subject site is located in close proximity to the Fremantle Port and may be subject to noise, odour and activity not normally associated with residential use. The notification is to be prepared by the City’s solicitors at the expense of the owner and be executed by all parties prior to occupation.

26. Where any of the preceding conditions has a time limitation for compliance, if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation


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for compliance specified in that condition), continues whilst the approved development continues.

ADVICE NOTES:

i. The applicant is advised that additional information in relation to the City’s waste management requirements can be found here: https://www.fremantle.wa.gov.au/residents/waste-and-recycling

ii. The applicant is advised that all works within the verge, including tree removal and

crossovers, require a separate application from the City’s Engineering Department. New/modified crossover(s) shall comply with the City’s standard for crossovers, which are available on the City of Fremantle’s web site. Removal of the street tree may require monetary compensation and/or planting of additional trees.

iii. The applicant is advised that the proposed works indicated outside of the lot

boundaries of the subject site require separate approval from the City’s Infrastructure Services. Works to the verge and/or streets are to be carried out at the applicant’s expense and to the satisfaction of the City of Fremantle. Queries relating to these works should be directed to the City’s Technical Officer, Parks and Landscape, or the City’s Traffic Engineers via [email protected] or 9432 9999.

iv. In regards to the amended awnings and the offsite landscaping, the verge and

Princess May landscaping plan submitted to the City’s Parks and Landscape is to:

be of a scale not less than 1:200 illustrating all landscaped areas including the verge

show existing vegetation, trees, street furniture and other relevant site features

show proposed removal of existing trees or street furniture

show/indicate proposed awnings/roof structures adjacent to existing street trees:

design awning around the tree canopy;

design awnings to allow for the awning construction space (required scaffolding, gantry etc) without the need to remove or prune the tree

design the awnings for the trees’ future growth

show proposed modifications to awnings/roof structures to accommodate new street trees

position new fire services associated with the proposed building/s so existing and proposed street trees do not obstruct access as per DFES requirements Refer to: https://www.dfes.wa.gov.au/regulationandcompliance/buildingplanassessment/Guidelines/GL-11_DFES_site_planning_and_fire_appliance_specifications.pdf

position new services associated with the proposed building/s so they are outside the structural root zone of existing street trees as per AS4197.

https://www.fremantle.wa.gov.au/residents/waste-and-recycling



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show extent, location, sizes, species and planting detail drawings of proposed vegetation and trees

show extent, location, materials and specifications for proposed hard landscaping, pavements and levels

show areas to be irrigated including the water source (scheme or bore); need to be in line with COF Irrigation Specifications

show Tree Protection Zones (TPZ, refer to Construction Management Plan Section) around existing verge trees for protection during construction.

v. The owner is advised that an obstruction permit may be required from the City for

any future obstruction of the Adelaide Street, Cantonment Street or Point Street road reserves. An application for obstruction permit can be found via www.fremantle.wa.gov.au.

vi. With regards to the bike racks, bicycle parking facilities are to be provided in

accordance with the following standards:

Class 1 – High security level – Fully enclosed individual locker;

Class 2 – Medium security level – Lockable compound fitted with class 3 facilities with communal access using duplicated keys;

Class 3 – Low security level – Rails or racks to which both the bicycle frame and wheels can be locked.

For more information refer to ‘Austroads Cycling Aspects to Austroads Guides’ vii. In regard to the condition requiring a Construction Management Plan, Local

Planning Policy 1.10 Construction Sites can be found on the City’s web site via http://www.fremantle.wa.gov.au/development/policies. A copy of the City’s Construction and Demolition Management Plan Proforma which needs to be submitted with building and demolition permits can be accessed via: https://www.fremantle.wa.gov.au/sites/default/files/Construction%20and%20Demolition%20Management%20Plan%20Proforma.pdf

The Infrastructure Business Services department can be contacted via [email protected] or 9432 9999.

viii. In relation to the condition relating to the public art contribution, the applicant is advised that Council may waive the requirement for the public art/heritage work contribution in accordance with clause 6 of LPP 2.19 where the development incorporates public art in the development to the same value as that specified in the condition that is located in a position clearly visible to the general public on the site of the development. Should artwork be incorporated in the development a public art strategy for the site must be submitted to and approved prior to the issue of a Building Permit, to the satisfaction of the City of Fremantle. Please contact the City’s Public Arts Coordinator on 9432 9999 for further information on this process. Prior to occupation of the development, the approved artwork must be installed and thereafter maintained to the satisfaction of the City of Fremantle. In determining the appropriateness and artistic merit of the public art, council shall seek relevant professional advice.





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ix. For further conformation relating to the process and staging to ensure compliance with this planning condition please, refer to for the ‘Developers handbook’ for percentage for public arts process - https://www.fremantle.wa.gov.au/sites/default/files/City%20of%20Fremantle%20Percent%20for%20Art%20Guidelines%20Sep%202015.pdf

x. Work on construction sites shall be limited to between 7am and 7pm on any day which is not a Sunday or Public Holiday. If work is to be done outside these hours a noise management plan must be submitted and approved by the Chief Executive Officer, City of Fremantle prior to work commencing.

xi. In regards to the bike rack and locker provisions, should construction be staged, the Hotel will require 10 class 1 bike racks, 10 class 3 bike racks, and 10 lockers, based on the public bar and lounge areas of the hotel.


Insert Zoning MRS: Central City

TPS: City Centre

Insert Use Class: Hotel (A), Shop (P), Office (P), Multiple Dwelling (D)

Insert Development Scheme: Local Planning Scheme No. 4

Insert Lot Size: 5015 sqm

Insert Existing Land Use: Public car park

Approval is sought for the following:

Partial demolition of the existing car park structure

Basement level services area

Seven storey Hotel with 168 rooms and a ground floor Restaurant

Seven storey Multiple dwelling building comprising 45 units, a common area gym, 72 car bays, and internal courtyard

Ground floor shops

Ground floor of the car park converted into Offices. Background: The subject site is bound by Point Street (south), Cantonment Street (west), Adelaide Street (east) and Princess May Park (north). The existing site is improved by a three level public car parking building (308 car bays) which encompasses approximately 3000m2 of floor area and is located on the corner of Point Street and Cantonment Street. The subject site is not individually listed on the City’s Heritage List, but abuts two places being Princess May Reserve and the Former Fremantle’s Boy School that are on the State Heritage Register. The development site is located within and subject to Schedule 7 – Local Planning Area 1, Sub Area 1.3.2.

https://www.fremantle.wa.gov.au/sites/default/files/City%20of%20Fremantle%20Percent%20for%20Art%20Guidelines%20Sep%202015.pdf

https://www.fremantle.wa.gov.au/sites/default/files/City%20of%20Fremantle%20Percent%20for%20Art%20Guidelines%20Sep%202015.pdf


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In 2014, JDAP approved the demolition of existing Buildings and Public Car Park and Construction of a Seven (7) Storey Mixed Use (150 Hotel Rooms, 98 Multiple Dwellings, Restaurant, Shop, Liquor Store and Market) with Two (2) Basement levels of Car park Development. The demolition of the shops and cinema fronting Adelaide Street was acted upon, but the construction of the building was never commenced. The previously approved development is substantially different in design and form from the current subject proposal. On 3 February 2020, amended plans were submitted to address the City’s concerns and DAC comments in relation to landscaping, bedroom size and layout, better pedestrian access to the carpark, and natural light into corridors. Further amended plans were submitted to achieve the Acceptable Outcomes of the following R-Codes requirements:

4.2 Natural Ventilation

4.4 Private Open Space and Balconies

4.7 Noise Impact

4.15 Energy Efficiency Legislation and Policy: Legislation Local Planning Scheme No. 4:

Clause 3.2.1 (b) City Centre zone objectives

Table 1 - Zoning

Table 2 – Vehicle Parking requirements

Clause 4.7.3 – Relaxation of Parking requirements

Clause 4.8.1.3 – Minor projections permitted above the highest part of the development

Clause 4.8.2 – Discretionary clause to vary other requirements (except for height)

Clause 4.8.4 – Additional criteria that must be taken into consideration by Council in excising its powers under clause 4.8.2

Clause 5.16 – End of Trip Facilities

Schedule 1 – Dictionary of Defined Words and Expressions

Schedule 7 – Local Planning Area 1 City Centre – Sub Area 1.3.2

Schedule A, Clause 78B Advisory Committees State Government Policies State Planning Policy 7.0: Design of the Built Environment State Planning Policy 7.3: Residential Design Codes – Volume 2 Local Planning Policies

Local Planning Policy 1.3: Public Notification of Planning Proposals (LPP 1.3)

Local Planning Policy 1.6: Preparing Heritage Assessment (LPP 1.6)


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Local Planning Policy 1.9: Design Advisory Committee and Principles Of Design (LPP 1.9)

Local Planning Policy 2.3 Fremantle Port Buffer Area Development Guidelines (LPP2.3)

Local Planning Policy 2.13: Sustainable Buildings Design Requirements (LPP2.13)

Local Planning Policy 2.18: New Residential Developments in the City Centre Zone – Noise from an existing Source (LPP2.18)

Local Planning Policy 2.19: Contribution for Public Art/and or Heritage Works (LPP2.19)

Local planning Policy 3.1.5: Precinct 5 (LPP3.1.5) Consultation: Public Consultation The planning application was identified as a “Significant Application” as set out in Local Planning Policy LPP1.3 - Public Notification of Planning Proposals (LPP1.3). The application was advertised for a period of 28 days. The advertising within this period included:

Sign on site was erected to the frontage of the existing building to Cantonment, Point and Adelaide Streets

Letter to owners and occupiers within 100m of the site

Advertising of the application occurred on the City’s website

The Precincts were informed of the proposal

Two notices relating to the proposal were placed in the Fremantle Gazette. At the conclusion of the advertising period, being 14 January 2020, the City received 12 (twelve) submissions, with 3 (three) of those in full support of the development. The remaining nine raised the following issues:


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Issue Raised Officer’s comments

Poor design of the building, both aesthetically and practically.

The design is generally supported in accordance with SPP 7.3 and the City’s Design Advisory Committee.

Building should be set back from the street more.

The setbacks are generally in compliance with the prescribed street setbacks, with only minor variations discussed below.

The apartments should face on to Princess May Park.

Noted. The retention of a portion of the existing car park makes it difficult to orient the apartments onto the park.

There should be larger apartments to appeal to people with families.

Noted. The development includes a mix of 1, 2 and 3 bedroom units.

The height will negatively impact views from the heritage listed Monument Hill.

The height is compliant with the City’s scheme, and the proposal has been assessed by the State Heritage Office.

A full schedule of submissions is included as attachment 7. Consultation with other Agencies or Consultants Fremantle Port (FP) The development is located within port area buffer area 2 and the FP has requested that the standard conditions for buffer area 2 be imposed for window thickness, central shutdown for air conditioning units, etc.). State Heritage Office (SHO) The application relates to a place that abuts a place (being Princess May reserve) which is registered on the Heritage Council of Western Australia’s Register of Heritage Places. Accordingly the application was referred to the SHO, which assessed the proposal as having no significant impact on the identified cultural significance of Princess May Reserve. Design Advisory Committee (DAC) The proposal was presented to the DAC on 8 July 2019 and 9 December 2019. The full DAC minutes are included as Attachment 3. The DAC supported the proposal subject to the following conditions:

1. Legible and direct pedestrian access being provided between the car park and

each individual level of the apartment development.

2. The apartment layouts being reviewed to maximise their internal amenity.

Consideration should be given to the introduction of natural light into corridors,

increased cross ventilation, increased internal privacy (e.g. Unit 03-02, 1 Bed and

Unit 03-06, 2 Bed), and a review of the bedroom and balcony sizes.


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3. Final details of the design, materials and finishes being submitted prior to a

Building Permit to demonstrate the continuity of the quality of the development

through to construction.

The amended plans submitted are considered to provide more legible access to the carpark by providing stairs to each level and creating an access-way through the internal landscape corridor. The apartment layouts increase internal amenity with only a few remaining issues to be addressed (see below). Planning Assessment: Local Planning Scheme


Table 1: Land Use

Hotel Multiple dwelling Shop Office

A use D use P use P use

Supported – see below

Clause 4.14: Demolition

Car park being of little or no historical significance

Car park is of little or no significance


Sch 7, sub area 1.3.2: Provision for Office use

Minimum 15% of nla to be Office use

< 1.6% nla is Office use


Sch 7, sub area 1.3.2: Façade height

Minimum 10m Minimum 8.5m Supported – see below

Sch 7, sub area 1.3.2: Building height

Area 3A - Maximum 17.5m Area 3B – maximum 24.5

17.5m 24.5m

Complies

Clause 4.8.1.3: Building height – minor projection

Minor projections permitted subject to clause 4.8.1.3

Complies with clause 4.8.1.3


Sch 7, sub area 1.3.2: Street setback

Maximum 2 m Maximum 2.5m for portion of building


Cl. 4.7.2: Car parking

340 bays 72 bays Supported – see below

Cl. 4.7.2: Bike parking

Class 1 = 15 racks Class 3 = 14 racks

Bike rack areas shown on plan to comply

Condition of approval required

Cl. 4.15: End of Trip Facilities

2 male and 2 female (or 4 unisex) showers

4 facilities areas provided

Complies


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for the Hotel, and 1 male and 1 female (or 2 unisex) showers for the other non-residential units

Residential Design Codes – Volume 2

Item Acceptable Outcome

Proposal Planning Response

2.5 Plot ratio 2.0 2.44 Supported – see below

2.6 Building depth

20 m maximum 22 m maximum Supported – see below

3.4 Communal Open Space

20% of site area 11.65% of site area


3.5 Visual Privacy Balconies are sited to prevent overlooking

Ground floor unit 01-02 is overlooked from above balconies.

Supported – Unit to have pergola for screening – see below

4.1 Solar and Daylight Access

The development is sited and designed to optimise the number of dwellings receiving winter sunlight to private open space and via windows to habitable rooms.

6 (13.3%) of dwellings have no access to direct sun.


4.7 Noise Impact Acoustic treatments are used to reduce sound transfer within and between dwellings and to reduce noise transmission from external noise sources.

Acoustic treatments required to unit several units

Supported as condition of approval

4.12 Landscape Design

1 large tree and 1 medium tree for each additional 400m2 in excess of 1000m2

No large trees onsite.



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4.15 Energy Efficiency

Reduce energy consumption and greenhouse gas emissions from the development.

Ceiling fans to all habitable rooms and solar panels on roof.

Supported as a condition of approval

Officer Comments Land Use A Hotel use is an ‘A’ use, while Multiple dwellings are a ‘D’ use in the City Centre zone, which means they must be assessed against the objectives of the zone and the Matters to be considered of the Deemed provisions. Clause 3.2.1(b) of LPS4 sets out the objectives of the City Centre zone as follows:

Development within the city centre zone shall— i. provide for a full range of shopping, office, administrative, social,

recreation, entertainment and community services, consistent with the region-serving role of the centre and including residential uses, and

ii. comply with the objectives of local planning area 1 of schedule 7, iii. conserve places of heritage significance the subject of or affected by

development. The land uses are supported for the following reasons:

The Hotel proposal is consistent with the region-serving role of the centre and contributes to the full range of uses within the locality.

The Hotel use encourages increased visitor numbers to facilitate the shopping, office, retail, and recreational activities within the City Centre.

The existing surrounding land uses are commercial or retail, meaning that there are no nearby residential properties that could potentially be impacted.

The Multiple dwellings are consistent with the City’s strategic objectives of encouraging more permanent residents within the City Centre to activate the area.

The uses will enhance the surrounding areas through increased street surveillance and greater numbers of visitors and residences.

The uses will not detrimentally impact the nearby places of heritage significance.

The land uses at ground level adjacent to the streets and the park incorporate a mix of land uses and incorporate design measures to contribute to an interesting and diverse public realm as required by Schedule 7, Sub Area 1.3.2 (c).

Provision for Office use Schedule 7 - Sub area 1.3.2 requires a minimum 15% of the net lettable area (nla) within any new development with a development site area greater than 3000m2 to be provided for office use. The applicant proposes approximately 1.6% nla of the development on the ground floor (consisting of a double volume space) fronting Cantonment Street and Princess May Park to incorporate Office space (approximately 290m2 of floor area). The main purpose of the 15% office requirement is to prevent a development that consists entirely of multiple dwellings above ground floor level which would not provide an


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appropriate land use mix within the city centre or encourage activity on the site during all hours of the day. Accordingly, the applicant is seeking discretion under clause 4.8.2 of LPS4 to waive the office floor space requirement of Schedule 7. This clause is reproduced below:

“The Council may vary other requirements of the Scheme subject to being satisfied in relation to all of the following:

(a) The variation will not be detrimental to the amenity of adjoining properties or with the locality generally;

(b) Conservation of the cultural heritage values of buildings onsite and adjoining; and

(c) Any other relevant matter outlined in Council’s local planning policies.” The proposed uses of Multiple Dwelling, Hotel and Shops in lieu of Office space is not considered unreasonable given that the overall development provides what is considered to be vibrant and generous mix of retail, hospitality and residential uses all of which are sympathetic to each other and cohesive within the City Centre. The mix of uses is also considered to facilitate the active use of the development across all hours of the day and evening with a mix of residents, retail, hospitality and hotel staff, and guests and customers to the Hotel and Shops. In terms of detrimental impacts to amenity created by this office shortfall, there are considered to be no major issues that would arise, apart from an increase of car parking requirements due to Office car parking requirements being exempt under the provisions of Schedule 7 of LPS4. The reduction of net lettable Office area is therefore supported. The development previously approved in 2014 was similarly supported with a discretionary variation of the 15% office floorspace requirement. Façade height The applicant is seeking discretion in relation to not meeting the minimum façade heights to Schedule 7, Sub Area 1.3.2, Area 3A. The applicable assessment against clause 4.8.2 of LPS4 is provided below. Typically clause 4.8.1.1 Variation to height requirements would be sought to vary maximum height requirements as prescribed in Schedule 7, but given the applicant seeks discretion to vary the minimum façade height as specified in Schedule 7 – Sub Area 1.3.2, Area 3A, it is considered that an assessment against the provisions of clause 4.8.2 of LPS4 is more appropriate. Clause 4.8.2 is again reproduced here:

“The Council may vary other requirements of the Scheme subject to being satisfied in relation to all of the following:

(a) The variation will not be detrimental to the amenity of adjoining properties or with the locality generally;


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(b) Conservation of the cultural heritage values of buildings onsite and adjoining; and

(c) Any other relevant matter outlined in Council’s local planning policies.” The minimum façade height variation is supported for the following reasons: In relation to (a), a reduction in building height is typically considered to be advantageous for surrounding lots and the locality, particularly in terms of reducing building bulk, scale, overshadowing and other general amenity impacts. Further, the façade reduction is part of the overall design of the development as this part of the building forms part of the 'Podium' element, which steps down in order to respond to varying uses on the site and the scale of the immediate context, including Princess May Park. In relation to (b), the subject site abuts several places of state heritage significance being Princess May Reserve, St Patricks Basilica, the former Goldsbourough Woolstores and the former Fremantle Boys’ School. Overall a reduction to the external wall height of the northern façade, north-east and north-west corners of the development is considered to be a positive outcome for these heritage significant properties, for similar reasons as outlined above as the development would create less building bulk and scale. Furthermore, considering the development includes cohesive land uses (Hotel and Restaurant floor area) which will positively contribute to the activation of Princess May Park, the existing cultural heritage significance of this reserve would be significantly enhanced by the overall development. In relation to (c), several concepts and development plans have been presented before the City’s Design Advisory Committee (DAC). The current design has been conditionally supported by the DAC, subject to a number of design changes and as such is considered to satisfy Council’s Local Planning Policy 1.9 – Design Advisory Committee & Principles of Design (LPP1.9). It is further considered to comply with Council’s Local Planning Policy 3.1.5 – Precinct 5 (LPP3.1.5). Street setback Schedule 7 – Sub Area 1.3.2 (h) requires a minimum nil setback to the street, side, and rear boundaries, and a maximum 2m street setback up to building height of 10m. The application seeks to increase the setback to 2.5m for portions of the building including the Hotel entrance, the residential lobby entrance, and the offices fronting Princess May Park. The variation is supported under clause 4.8.1 for the following reasons:

The increased setbacks are only to portions of some elevations, and then only to the ground floor (in the case of the residential entrance and Hotel lobby) and the first floor (in relation to the offices). Above this, the building maintains a nil setback as required.

The variation will not be detrimental to the adjoining properties or the locality as it provides further articulation of the building mass and softens the northern corner of the site, where it interfaces with Princess May Park. This allows for better


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interface between pedestrians using the footpath and those entering and exiting the building.

Minor projections Clause 4.8.1.3 states:

Excluding development within the Residential zone, Council may permit a minor projection above the highest part of a development, subject to the development satisfying both of the following criteria–

(a) The minor projection being no more than 4 metres above the highest part of the main building structure; and

(b) The cumulative area of the minor projection being no more than 10 per cent of the total roof area of the building.

For the purpose of this clause, ‘minor projection’ will be interpreted as including plant and equipment such as air conditioning units, lift overrun rooms, flagpoles, aerials and decorative architectural features, but not rooms or other facilities intended for regular human use such as rooftop decks or swimming pools.

The plans show the lift overruns and other minor projections to comprise approximately 4.7% of the roof space and project 2.4m above the roof, in keeping with the above clause. Car parking

Use Bays Required Bays Provided Discretion

Shop 1:20m2 (596m2) = 29.8 (30)

13 (shared with Office)

17

Hotel 1:Hotel room =168

1:2.5m2 GLA

public bar area (198.7m2) =79.48

(79)

1:5m2 of lounge/garden

area (284 m2) = 56.8 (57)

7 129

Multiple dwellings 0.75 per 1 bedroom (17

units)= 13

1 per 2 bedrooms (28 units) = 28

Visitor bays not required under

46 Complies


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Sch. 7 Sub Area 1.3.2

Offices 1:30m2 = 10 13 (shared with Shop)

10

TOTAL 389 66 323

Clause 4.7.3 of LPS4 outlines circumstances may waive or reduce the standard parking requirement specified in Table 3, and states:

Council may—

(a) Subject to the requirements of Schedule 7*, waive or reduce the standard parking requirement specified in Table 2 subject to the applicant satisfactorily justifying a reduction due to one or more of the following—

(i) the availability of car parking in the locality including street parking,

(ii) the availability of public transport in the locality,

(iii) any reduction in car parking demand due to the sharing of car spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces,

(iv) any car parking deficiency or surplus associated with the existing use of the land,

(v) legal arrangements have been made in accordance with clause 4.7.5 for the parking or shared use of parking areas which are in the opinion of the Council satisfactory,

(vi) any credit which should be allowed for a car parking demand deemed to have been provided in association with a use that existed before the change of parking requirement,

(vi) the proposal involves the restoration of a heritage building or retention of a tree or trees worthy of preservation,

(viii) any other relevant considerations.

Note: *In some sub areas identified in Schedule 7 reduction of parking bays is not permitted. The requirements of Schedule 7 prevail over this clause.

(b) Council may require an applicant to submit a report completed by a suitably qualified person or persons justifying any of the points cited above.

Note: Provides greater flexibility to vary car-parking requirements based upon alternative transport opportunities.

Notwithstanding the above, Schedule 7 – City Centre Local Planning Area 1 – sub area 1.3.2(l) states:

“(l) The provisions of clause 4.7.3 (a) (i) and (ii) of the Scheme do not apply in Sub Area 1.3.2.”

Therefore, only Clause 4.7.3 (a) (iii – viii inclusive), are applicable in the assessment of this application.


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While it is acknowledged that the proposal would result in the loss of 308 public car bays with the demolition of the Point Street car park, it is considered that the proposed on-site car parking shortfall could be supported against Clause 4.7.3 (viii) above for the following reasons:

In regards to the proposed Hotel it is reasonable to expect that future guests of the Hotel will not bring their own vehicles.

Hotel guests are also likely to visit the Restaurant, providing a degree of reciprocity between the two uses.

Likewise, the Office and Shop uses are likely to share customers, thereby reducing the total parking demand.

The Multiple dwellings meet the parking requirements, and the visitor bay requirements are waived under Sch. 7 clause 1.3.2 (n) of this specific sub-area in LPS4. Therefore, the residential land use components comply with parking requirements.

Some on-site parking is provided for exclusive use of the commercial tenancy employees.

Bike racks

Use Racks Required Racks Provided

Discretion

Hotel (193.6 m2 bar floor area) (272 m2 lounge area)

class 1: 1 per 25 m2 bar

floor area and 1 per 100 m2 lounge and

beer garden = 7.7 + 2.72 = 10.4

(10)

5 Complies (when shared with non-residential racks

in adjoining building)

class 3: 1 per 25 m2 bar

floor area and 1 per 100 m2 lounge and

beer garden = 7.7 + 2.72 = 10.4

(10)

10 10 rack shortfall not shown on

plans

Shop (596m2) class 1: 1 per 300 m2 gla

= 1.98 (2)

20 Complies

class 3: 1 per 500 m2 gla

(over 1000 m2 gla) = nil

Nil Nil

Offices class 1 or 2: 1 per 200 m2 gla

=1

1 Complies

class 3: 1 per 750 m2 gla over 1000

Nil Nil


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m2 gla = nil

TOTAL Class 1 = 13 26 Complies

Class 3 = 10 (+5 for the Multiple

Dwelling visitors as below)

Nil 15

Multiple Dwellings

0.5 per dwelling = 22.5 (23)

Nil 23

Visitor: 1 per 10 dwellings=

5

5

End of Trip Facilities

No. of bicycle racks required

Showers Required Showers Provided Complies?

Up to the first 10 One male and one female shower (or 2 unisex) required for every 10* Class 1 or

2 bicycle racks required =

1 set 2 sets for the Hotel

and 1 set for the other non-residential

units

Yes

In excess of the first 10

One male and one female shower (or 2 unisex) required for

every 20** Class 1 or 2 bicycle racks

required = 1 set

Yes

*Calculations rounded up to the nearest 10 **Calculations rounded up to the nearest 20 The class 3 bike racks (low security rails) are not shown on the plans but are included within the applicant’s Traffic Engineering Report. It is therefore considered appropriate to add them as a condition of approval. The internal bike racks are shown on the ground floor drawings, however it is unclear how many are actually provided, as the drawings don’t match up with the Traffic Engineering Report which, in any event, is inconsistent with the City’s calculations. The applicant has amended the plans in response to the City’s calculations for the class 1 bike racks (fully enclosed lockers) and end of trip facilities to be shown on the plan. It is therefore considered appropriate to add the requirement as a condition of approval. R-Codes Volume 2


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The elements that are inconsistent with the Acceptable Outcome provisions of the R-Codes and require an assessment against the Element Objectives are discussed below: 2.5 Plot ratio The plot ratio of 2.44 in lieu of 2 is consistent with the element objectives in that the overall bulk and scale of the proposal is appropriate for the lot location and size. The development complies with height and street setback requirements and matches the intended form of development within this City Centre sub-area as per the element objectives. 2.6 Building depth The building proposes a depth of 22.29m in lieu of 20m. The units are located on either side of a central corridor and overall have adequate access to daylight and natural ventilation through the use of a wide internal courtyard. Additionally, over 60% of the units have windows angled at 90 degrees from each other to allow increased airflow. Room depths are minimised so as to allow sunlight and airflow through the rooms in accordance with the objectives of the R-Codes. 3.4 Communal Open Space The Communal Open Space proposed is 11.65% of the site area in lieu of 20%. The variation meets the element objectives for the following reasons:

As per the definition, the Communal Open Space includes the internal courtyard overlooked by the balconies, the outdoor areas at the top of the level 3 carpark, and the communal facilities directly linked to the outdoor area.

The Communal Open Space is made safe through passive surveillance, and is universally accessible for all residents while also providing for landscaping and deep soil areas.

The development directly abuts Princess May Park and is in close proximity to several recreational sporting grounds.

3.5 Visual Privacy A large portion of ground floor unit 01-02 will be overlooked from the other Type B unit balconies of the above floors. This ground floor unit will be provided with a pergola for enhanced privacy, which will screen overlooking while still providing access to sunlight and natural ventilation. 4.1 Solar and Daylight Access Only 6 of the 45 Multiple dwellings (Units 6 on each floor) receive less than two hours of direct sunlight between 9am and 3pm on 21 June to any major openings. These units face are along Point Street and are oriented primarily south. They may receive some late afternoon sun.


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The 6 units that receive no direct sun comprise 13.3% of the dwellings in the building, which is less than the 15% maximum stipulated in the Acceptable Outcomes. These buildings are provided with wide balconies and major openings to all habitable rooms. The units are also street-facing as opposed to facing other buildings within the lot, which provides a scenic outlook and allows for natural ventilation. The orientation of the lot and the partial retention of the carpark results in a minimal number of rooms failing to achieve the required direct sun access. The overall development meets the element objectives of the R-Codes by maximising the number of units that received direct solar access. 4.2 Natural Ventilation The amended plans show that over 60% of units have windows set at 90 degree angles to allow increased airflow in line with the Acceptable Outcomes. 4.7 Noise Impact Unit 06-04 has a bedroom situated next to the lift, and units 03-01, 04-01, 04-02, 05-01, 05-02, and 06-01 overlook the communal area. These units require additional acoustic shielding to protect from noise from utility areas and common areas. The units are to meet the minimum standards of the AAAC Guideline for Apartment and Townhouse Acoustic Rating (or equivalent). The applicant has agreed to this is a condition of approval. 4.12 Landscape Design Though no large trees (as defined in the R-Codes) are provided onsite, the internal courtyards provide a mix of high and low planters to provide a variety of vegetation types. These planters provide both low shrubs and taller vegetation. The exterior of the carpark facing the properties is also proposed to be screened with hanging vegetation to soften the appearance from the units. There are no trees currently onsite to retain. Additional trees are proposed along the verge, as well as within Princess May Park to the immediate north of the site. Landscaping within the verge and Princess May Park is indicative at this point and is to be consistent with the City’s Princess May Park Master Plan. Discussions between the applicant and the City’s Parks and Landscapes Services are ongoing and forms part of the condition of approval relating to landscaping. The proposed landscaping is considered to enhance the amenity of occupants and be integrated within the design of the building in line with the Element Objectives. 4.15 Energy Efficiency The applicant has agreed to provide ceiling fans in all habitable rooms to increase energy efficiency and ventilation. Solar panels have also been included.


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Conclusion:

The proposed development is consistent with the scheme requirements (including relevant discretionary variations) and the Element Objectives of the R-Codes. The development is compatible with its setting and demonstrates a design outcome that is complimentary to the area and the objectives of the City Centre zone. The application is recommended for conditional approval.


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PC2003 - 4 ESSEX STREET, NO. 19 (LOT8) FREMANTLE – FOUR STOREY TOURIST ACCOMODATION BUILDING – (JCL DA0322/19)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda attachments: 1. Amended Development Plans Additional information: 1. Schedule of Submissions 2. Site photos

SUMMARY

Approval is sought for a four storey Tourist Accommodation building at No. 19 (Lot 8) Essex Street, Fremantle. The proposal is referred to the Planning Committee (PC) due to the nature of some discretions being sought and comments received during the notification period that cannot be addressed through conditions of approval. The application seeks discretionary assessments against the Local Planning Scheme No. 4 (LPS4). These discretionary assessments include the following:

Land use

Building height (external wall)

Car parking The application is recommended for conditional approval.

PROPOSAL

Detail Approval is sought for the construction of a four storey Tourist Accommodation building to the rear of the existing building at No. 19 (Lot 8) Essex Street, Fremantle. The proposed works include:

Construction of four storey Tourist Accommodation building containing eight units ranging in size between 36m² to 43m², including two with universal access, in addition to a lobby, common roof-terrace, and utilities;

Minor modification to the rear of existing retail tenancy 1 to create car parking bays;

New bin store, amenities area, paving, and reconfiguration of the car parking bays;

Upgrade of vehicular and pedestrian access, including new paving, a 1.2m wide pedestrian pathway, up lights, and landscaping, for the parent lot to Norfolk Lane through No. 21 Essex Street (right of carriageway provided).

It is noted that the proposed building has the appearance of a three storey building comprising of a ground, first and second floor. The roof terrace is technically defined as a storey in accordance with LPS4, due to a portion of the terrace being covered by an impermeable roof structure. The fourth storey otherwise has the appearance of a light weight, open sided floor.


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The applicant submitted a series of amended plans, with the latest copy provided on 4 February 2020.

Development plans are included as attachment 1. Site/application information Date received: 29 August 2019 Owner name: Pacemate Pty Ltd Submitted by: Planning Horizons Development Solutions Scheme: Central City Heritage listing: Individually Listed Category 2 and WECA Heritage Area Existing land use: Restaurant; Office; Fast Food Outlet Use class: Tourist Accommodation Use permissibility: D

CONSULTATION

External referrals Heritage Service (DPLH) The application was referred to the State Heritage Office (SHO) as the subject site is located adjacent to a Level 1A listed place (No. 26-28 Norfolk Street). In response to the referral, the SHO advised that:

“The proposal is in keeping with the massing and scale to what currently exists, albeit marginally higher and closer to the boundary. There is an impact on the precinct values as viewed from Norfolk Lane, but this is considered minor as it is not one of the main streetscapes. The proposed development does not significantly impact on the identified cultural significance of 26 – 28 Norfolk Street.”


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The latest set of amended plans were not referred to the SHO as the revised proposal is generally consistent with the massing and scale of the original proposal which was supported by the SHO. Fremantle Ports (FP) In accordance with LPP2.3 Fremantle Port Buffer Area Development Guidelines, the application was referred to FP as the subject site is located within Fremantle Port Buffer Area 2. The FP has advised that they have no objection to the proposal subject to compliance with the standard built form requirements for Area 2 which relate to glazing specifications, air conditioning systems and attenuation measures. These matters can be dealt with as relevant conditions and advice notes. Design Advisory Committee In accordance with clause 78B(6)(b) of LPS4, the Council shall not determine a development application that proposes a building with a building height of 11 metres or greater without having regard to the advice of the City’s Design Advisory Committee. The proposal was referred to the DAC prior to lodgement on 10 June 2019 and after lodgement on 14 October 2019 and 11 November 2019. After the November DAC Meeting the City held a workshop with the applicant and available members of the DAC on 3 December 2019 to assist the applicant in providing an acceptable design response to the CABE principles of design and SPP7.0 Design of the Built Environment. Following the Workshop, the applicant submitted amended plans which were presented to the DAC on 13 January 2020. The minutes of that meeting are reproduced below: CHARACTER (A place with its own identity) • The revised proposal, including its materiality and use of brick positively responds

to the character of the locality. • A more coherent brick appearance could be achieved by consolidating the planter

ledge and planting in the balcony area and deletion of the ledge at the brick wall. • A contrasting material could assist in distinguishing the top floor terrace structure

from the brick floors below. CONTINUITY AND ENCLOSURE (A place where public and private spaces are clearly distinguished) • The revised proposal including the location of the lobby and proposed lighting

enhances surveillance in the laneway. • The proposed roof terrace is a positive addition which will enhance the amenity of

the development, whilst minimising the potential impact on adjoining properties. QUALITY OF PUBLIC REALM (A place with well-designed, high quality public spaces) N/A EASE OF MOVEMENT (A place that is easy to get to and move through) • The revised proposal including the location of the lobby and proposed lighting

improves the legibility of the development for guests and visitors. • The floor layout has significantly improved including the legibility of the entrance

and lift lobby areas.


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LEGIBILITY, ADAPTABILITY, DIVERSITY (A place that is easy to navigate, a place that can change, a place with variety and choice, is easy to navigate) • Legibility to and from and throughout the development has greatly improved. • Signage that is carefully integrated into the development will further improve access

to the development. OVERALL DESIGN QUALITY AND FUNCTIONALITY • The proponent is to be commended for collaborating with the DAC in the

development of the design with significant associated improvements. • The overall design, layout and functionality has greatly improved. • Minor modifications to the external design and internal layout will further improve

the development and amenity for future occupants. APPROPRIATENESS OF MATERIALS AND FINISHES • The revised materials and finishes are considered to be more appropriate for this

location and type of development. • The vertical greenery adds interest and character to the development, however

ongoing access and maintenance needs to be carefully considered. WHAT ARE THE STRENGTHS • Revised design improves the external appearance and the internal layout of the

development. • Legibility of the development is greatly improved. • The roof top terrace provides an additional, well designed amenity for future

occupants. • Dedicated and screened area for AC condensers provided at the roof level. HOW CAN THE PROPOSAL BE IMPROVED • Consider consolidating the planter ledge and planting into or in front of the balcony

area with the deletion the ledge at the brick wall to improve access for maintenance from the balcony and present a more coherent brick face.

• Consider treating the top floor terrace structure in a different material to distinguish it from the brick floors below.

• Reconfigure bathroom layouts to create opening off entry corridor to avoid the view from bed location.

• Maximise opportunity to enhance access to northern light with additional openings where possible (notably Units 2, 3, 6 and 7).

• Explore opportunities for access to natural light and ventilation to the bathrooms where possible (notably Units 2, 3, 6 and 7).

RECOMMENDATION The Design Advisory Committee, having considered the proposal for 19 Essex Street, Fremantle, supports the proposal subject to: 1. The external appearance being revised to remove the concrete ledge so that the

building has a more coherent brick appearance. 2. The planter ledge being consolidated with the balconies to improve access for

future maintenance. 3. Additional openings being introduced (where possible) to maximise access to

northern light and access to light and ventilation to bathroom areas.


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4. The bathroom layout being reviewed to relocate the entry away from the bedroom. 5. Final details of the materials, finishes and landscaping being submitted prior to the

issue of a Building Permit. In response to the DAC’s recommendation, the applicant submitted amended plans including the following design modifications:

The revised plans remove the concrete ledges on all storeys, with the exception of the juliette balconies supporting the planter boxes;

The planter boxes have been consolidated with the Juliette balconies;

Hi-lite windows have been provided to the bathrooms of the north facing units (Units 2, 3, 6, and 7);

Entrances to all bathrooms have been oriented away from the bedroom; and, The proposed amendments are considered to adequately address the recommendations of the DAC. It is recommended that a condition be imposed on any approval to require final details of the material, finishes and landscaping is to be submitted for approval prior to the issue of a building permit. Community The application was advertised initially in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as discretions were sought under LPS4 and Council Policy. The advertising period concluded on 23 September 2019 and eight submissions were received. The following issues were raised (summarised):

Height is inconsistent with neighbouring buildings and heritage character;

Visual privacy issues;

Overshadowing and sunlight access;

Height, bulk, scale, and appearance of blank wall;

Impact of development on heritage foundations of other property;

Impact on open space and public realm;

Noise from rooftop common area;

Rooftop garden isn’t required due to inner city location of development;

Proposal doesn’t consider heritage listed neighbouring properties;

No caretaker proposed or details provided of how units will be managed and regulated;

Stormwater issues posed to neighbours worsening existing issues and damaging heritage fabric; and,

Proposal will erode existing amenity.

Although the amended plans did not introduce any additional discretion, the design and appearance of the revised proposal is considered to have changed significantly enough to warrant advertising the proposal again for public comment. This re-advertising period concluded on 31 January 2020 and four submissions were received, including two submissions from neighbours that raised concerns in regard to the original proposal. The following issues were raised in addition to those listed above (summarised):

Does the gradient of solar panels reflect glare to windows?;

Would the proponent agree to preparing a dilapidation report?; and,

Who signs off at stages of completion to comply with current building standards?


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In response to the initial advertising period, the applicant submitted revised plans including the following modifications:

Modified the design and configuration of the building to reduce its bulk and scale as viewed from the north-west.

The courtyard was relocated to the roof and screened from view of the south-east by the lift and stair addition.

Alterations to the internal layout of the addition to improve the amenity for future occupants.

In response to the above, the following relevant comments are provided by officers:

It is noted the subject site is located adjacent to two mixed residential and commercial developments to the south-west, being 15-17 Essex Street and 20 Norfolk Street. Submissions were received from occupants of both these properties raising concern in regard to overlooking from the rooms. It is noted that the proposal has been amended to replace the south-west facing balconies, replacing them with significant smaller Juliette balconies. Although this type of development is not subject to the Residential Design Codes Vol 2, as it is not for permanent residential accommodation, the visual privacy provisions have been used as a guide in this instance. For residential development in the City Centre, a major opening to a bedroom should be setback a minimum of 3m and a balcony/roof top terrace should be setback a minimum of 6m from the closest boundary. The edge of the Juliette balconies are setback 5.3m and the roof top terrace is setback 9.2m from the south west boundary. As the balconies are narrow and their use will be limited the separation distance from the adjoining buildings is considered appropriate in this instance and any potential overlooking will be minimised.

Shadow cast by the development, at midday on 21 June is not considered to adversely impact on the adjoining properties. The rear courtyard of 20 Norfolk Street is currently overshadowed by the existing boundary wall and the new shadow created by the proposed building will fall over existing covered structures and the adjoining right of way.

Any damage caused to adjoining buildings during construction is to be dealt with between the relevant owners. It is considered good practice for Builders to complete a dilapidation survey of adjoining properties prior to commencing construction. As the site is located within the City Centre and access to the site may be challenging, a condition requiring a construction management plan has been imposed to ensure any potential impacts that may occur during construction are minimised as much as possible.

The roof-top terrace is considered to provide additional amenity for future occupants of the development. Potential impacts associated with the use of this terrace area can be appropriately managed. A condition of approval requires the submission of a Management Plan detailing the operation and management of the development.

It is noted that the onsite capture of stormwater runoff at the subject property has been an ongoing issue between the owner of the subject and adjoining sites. Matters relating to stormwater runoff from the existing development is considered to be a separate matter to this application. All stormwater from the proposed development must be captured and disposed of on-site, with details being provided prior to the issue of a building permit for the development.


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The remaining comments are addressed in the officer comment below.

OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of LPS4 and relevant Council local planning policies. In this particular application the areas outlined below do not meet the policy provisions and need to be assessed under the discretionary criteria:

Land use

Building height (external wall) ; and,

Car parking. The above matters are discussed below. Background The subject site is located on the southern side of Essex Street, with the development occurring at the rear portion of the site currently comprising car parking. The site has a land area of approximately 1,614m² and is currently comprised of several commercial tenancies. The site is zoned Central City, and is individually heritage listed and located within the West End Conservation Area Heritage Area. The rear portion of the subject site slopes approx. 0.5m from the north-east to the south-west. The highest portion of the site is approx. 0.26m lower than the footpath along Norfolk Lane. A search of the property file has yielded no relevant development applications pertaining to the rear portion of the subject site to be used for the proposal. The land uses comprising the other tenancies include:

Restaurant (DA0435/15 – approved 15 September 2015)

Office (DA0020/13)

Fast Food Outlet (DA0364/14) Heritage The subject site is included on the City’s Heritage List as an individual property as well as being located within the West End Conservation Area. It is not located within the boundaries of the State Registered West End Conservation Area which is bound by Collie Street to the south. As such, an assessment has been carried out in regard to the proposal’s impact on the heritage significance of the site and area: The subject site is a management category Level 2 on the Municipal Heritage Inventory. This means that the City of Fremantle has identified this place as being of considerable cultural heritage significance in its own right within the context of Fremantle and its conservation is a priority.

The existing building is a single storey rendered building with a simple parapet and large pediments above a stucco cornice. Although the existing building has been extensively altered, the building contributes to the streetscape.


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The siting of the proposed Tourist Accommodation building and the height of the existing building mean that the proposed new works will not have an impact on the existing building or its contribution to the streetscape. The assessment of the final set of plans is in agreement with the above comments. Public Art and/or Heritage Works Contribution LPP 2.19 Contributions for Public Art and/or Heritage Works states that it doesn’t apply to the following types of development:

“(a) Single houses and grouped dwellings; (b) Buildings used for any industrial use class in Table 2 of the Scheme; (c) Any development with a gross lettable area of less than 1000 sq m; (d) Refurbishments and change of use of existing buildings larger than 1000 sq m gross lettable area not involving substantial structural alteration, and all refurbishments to buildings with a gross lettable area of less than 1000 sq m; (e) Any other type of development with an estimated total cost of less than $1,000,000.”

The gross lettable are of the proposed Tourist Accommodation building is approx. 624m². Moreover, the alterations to the rear of the existing tenancies, whilst involving a degree of demolition, are not considered substantial, nor do they increase the gross lettable area of said tenancies. Therefore the requirements of LPP 2.19 do not apply in this instance. Land Use A ‘Tourist Accommodation’ use is a ‘D’ use in the Central City Zone, which means that the use is not permitted unless the Council has exercised its discretion by granting planning approval. In considering a ‘D’ use the Council will have regard to the matters to be considered in the Planning and Development (Local Planning Schemes) Regulations 2015. In this regard the following matters have been considered: (a) The aims and provisions of this Scheme and any other local planning scheme

operating within the Scheme area (m) The compatibility of the development with its setting including the relationship of

the development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development

(n) The amenity of the locality including the following: (i) Environmental impacts of the development

(ii) The character of the locality (iii) Social impacts of the development

(y) Any submissions received on the application. The objectives of the Central City Zone include the following:

Provide for a full range of shopping, office, administrative, social, recreation, entertainment and community services, consistent with the region-serving role of the centre and including residential uses.

Comply with the objectives of local planning area 1 of schedule 7.

Conserve places of heritage significance the subject of or affected by development.


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The proposed Tourist Accommodation use I supported for the following reasons:

The Tourist Accommodation use provides inner city lodging for visitors to Fremantle in close proximity to existing shops, entertainment venues and recreational activities.

The proposed built form is supported on the basis of the discretionary criteria contained in Local Planning Area 1, sub area 1.3.1 (refer to assessment below).

The proposal is not considered to adversely impact on the significance of the existing building, the adjoining State Registered Heritage site or the West End Conservation Area.

It is considered that the development is compatible with its setting given its setbacks from, and presentation to adjoining streets (refer to DAC and officer comments in body of report).

The development is considered to not adversely impact on the amenity of the locality as it will not pose significant environmental impacts, it is consistent with the character of the area, and noise can be addressed through imposing appropriate conditions.

Building height (external wall)


Building height (storeys) Building height (external wall height) Discretionary height Additional storey (4th storey subject to:

the upper floor being sufficiently setback from the street so as to not be visible from the street(s) adjoining the subject site

max external wall height of 14m

compliance with clause 1.2 of Schedule 1 – Area 1.

3 (max)

11m (max)

4*

10.6m (top of 3rd Floor) to 12.4m (lift and stair)

1

Nil to 1.4m

Complies (See Officer comment

below)

*Note: As discussed earlier in this report, the roof terrace is defined as a storey due to a portion of the roof terrace being covered by an impermeable roof structure. In accordance with clause 1.3 of Local Planning Area 1, Council may consent to an additional storey subject to:

The upper floor being sufficiently setback from the street so as to not be visible from the street(s) adjoining the subject site,

Maximum external wall height of 14 metres, and

Compliance with clause 1.2 of Schedule 1 – Area 1.

As detailed in the table above, the proposed height complies with points 1 and 2 of the discretionary criteria.


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Clause 1.2 of Schedule 1 – Area 1 states that in granting consent to the maximum height prescribed, Council shall be satisfied in regard to all of the following: (a) that the proposal is consistent with predominant, height patterns of adjoining

properties and the locality generally, (b) the proposal would not be detrimental to the amenity of adjoining properties or the

locality, (c) the proposal would be consistent, if applicable, with conservation objectives for

the site and locality generally, and (d) any other relevant matter outlined in Council’s local planning policies. The proposed development is considered to satisfy (a) to (d) above for the following reasons:

The first three storeys of the building (forming the largest mass) is similar in height to the existing buildings contained on the subject site, in addition to the highest points of no. 17 Essex Street;

The highest point of the development is consistent with the predominant height of the Fremantle Technical College (No. 41 South Terrace);

It is considered that the proposal will not adversely impact on the amenity of the locality; and,

The development is not considered to have any adverse impacts on the conservation objectives of the site and locality, given it doesn’t propose to alter any existing heritage fabrics.

Car parking


Tourist Accommodation (1 per bedroom)

8 Nil 8 bays

The subject site currently contains 17 car parking bays, including one universal access bay for the use of the commercial tenancies facing Essex Street, The reconfigured parking area will result in a loss of four bays. Clause 4.7.3.1 (a) of LPS4 allows the Council to waive and/or relax parking requirements. The car parking variation for the Tourist Accommodation addition and the reduction in existing on-site car parking is supported for the following reasons:

The locality is well-serviced by public transportation connecting the site to other parts of Fremantle, as well as the Perth CBD via the Fremantle train line; and,

The nature of the land use is not considered to necessitate a high use of private cars, given the majority of visitors are envisioned to be international and inter-state, and will thereby be likely to use public transport, ride share, cycling, or walk.

Considerable on-street and paid-parking is available in close proximity to the site in the locality, servicing the proposal and the existing commercial tenancies;


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Local Planning Policy D.G.F14 – Fremantle West End Conservation Area Policy The subject site is located in Zone 3 – Former Warehousing/Residential. Clause 4.3.2 details relevant provisions for development in this zone as detailed in the table below:

Requirement Proposed Compliant/non-compliant

Any redevelopment of existing original industrial buildings should, as a priority, involve their recycling, maintaining their hard edged, direct relation to the street, style, scale, texture and general character.

The proposed building is occurring at the rear of the existing buildings on site. It is considered that the proposal will have a negligible presentation to Essex Street, and acceptable presentations to Norfolk Lane and Norfolk Street.

Compliant

Council will encourage the improvement of the existing environment by development control, traffic management and street landscaping techniques.

It is considered that minimal traffic impacts will be posed by the development.

Compliant

It is considered that additional street landscaping provision in association with the proposal is unnecessary given its minimal presentation to Essex Street, in addition to it gaining access from Norfolk Lane.

Compliant

The Council will encourage preservation and enhancement of the existing mixed uses. On Marine Terrace front the Council will ensure that the Council’s policy ‘Marine Terrace Policy’ (D.G.F16) is complied with.

The proposal preserves and adds to the existing land use mix currently present at the subject site.

Complaint

The Council will permit and encourage the rehabilitation and adaptation of the appropriate and old warehouses to other than original, compatible uses.

The proposal has an acceptable material impact on the original structures on site.

Compliant

The Council will assess movements in this zone in light of Clause 4.2.2(c) of this policy ensuring at the same time that the existing movements pattern be preserved.

The proposal is not considered to pose any significant change to the current traffic movements or patterns in the locality. Outside of the public realm, the proponent will upgrade the access way to the site through no. 21 Essex Street by way of reconfiguring it to allow vehicle and pedestrian

Compliant


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The reduction of traffic flow by the construction of traffic hardware should be discouraged and it should be replaced by more environmentally orientated measures such as street planting and change of paving pattern to achieve ‘gate’ effect.

access. The location of the proposal in its current location is considered to encourage visitors to engage in active travel due to its proximity to the Fremantle CBD. Given access will occur primarily from Norfolk Lane, it is considered that the construction phase of development will have a minimal impact on overall traffic flows.

CONCLUSION

The application for a four storey Tourist Accommodation building addition is considered acceptable when assessed against the discretionary criteria of LPS4 and applicable Local Planning Policies subject to relevant conditions. STRATEGIC IMPLICATIONS Strategic Community Plan 2015-25

Increase the number of visitors to Fremantle

FINANCIAL IMPLICATIONS

Nil

LEGAL IMPLICATIONS

Nil


Planning committee acting under delegation 1.1: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, four storey Tourist Accommodation building and additions and alterations to existing building at No. 19 (Lot 8) Essex Street, Fremantle, subject to the following condition(s):

1. This approval relates only to the development as indicated on the approved plans, dated 4 February 2020. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. All storm water discharge shall be contained and disposed of on site or

otherwise approved by the City of Fremantle.


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3. Prior to for the issue of a building permit, storm water disposal plans, details and calculations must be submitted for approval by the City of Fremantle and thereafter implemented, constructed and maintained to the satisfaction of the City of Fremantle.

4. Prior to issue of a building permit of the development hereby approved, the

owner is to submit a waste management plan for approval detailing the storage and management of the waste generated by the development to be implemented and maintained for the life of the development to the satisfaction of the City of Fremantle.

5. The works hereby approved shall be undertaken in a manner which does not

irreparably damage any original or significant fabric of the building. Should the works subsequently be removed, any damage shall be rectified to the satisfaction of City of Fremantle.

6. Prior to occupation of the development hereby approved, the car parking and

loading area(s), and vehicle access and circulation areas shown on the approved site plan, including the provision of disabled car parking, shall be constructed, drained, and line marked and provided in accordance with Clause 4.7.1(a) of the City of Fremantle Local Planning Scheme No.4, to the satisfaction of the City of Fremantle.

7. All car parking, and vehicle access and circulation areas shall be maintained

and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the City of Fremantle.

8. Prior to the occupation of the development hereby approved, landscaping

shall be completed in accordance with the approved plans or any approved modifications thereto to the satisfaction of the City of Fremantle. All landscaped areas are to be maintained on an ongoing basis for the life of the development on the site to the satisfaction of the City of Fremantle.

9. Prior to the issue of a Building Permit, the design and materials of the

development shall adhere to the requirements set out within City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2. Specifically, the development shall provide the following:

a) Glazing to windows and other openings shall be laminated safety glass of minimum thickness of 6mm or “double glazed” utilising laminated or toughened safety glass of a minimum thickness of 3mm.




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10. Prior to the issue of a Building Permit, A Premises Management Plan addressing the operation of the Tourist Accommodation, including but not being limited to the following:

a) company name and relevant experience of management/operator; b) type or extent of room service to be offered; c) cleaning and laundry services, where applicable; d) opening hours for guest check-ins and check-out including the method

of reservations / bookings; e) security of guests and visitors; f) use of the roof top terrace including hours of access; g) control of noise and other disturbances; and h) a complaints management service;

being submitted to and approved with the management plan being implemented by the proprietor/manager on an on-going basis and to the satisfaction of the City of the City of Fremantle.

11. Prior to the issue of a Building Permit a Construction Management Plan shall

be submitted to the satisfaction of the City of Fremantle addressing the following matters:

a) Use of City car parking bays for construction related activities; b) Protection of infrastructure and street trees within the road reserve; c) Security fencing around construction sites; d) Gantries; e) Access to site by construction vehicles; f) Contact details; g) Site offices; h) Noise - Construction work and deliveries; i) Sand drift and dust management; j) Waste management; k) Dewatering management plan; l) Traffic management; and m) Works affecting pedestrian areas.

The approved Construction Management Plan shall be adhered to throughout the demolition of the existing building on site and construction of the new development.

12. Prior to the issue of a building permit, a venue management plan is to be submitted to the City detailing how the premises will be managed with regard to (but not limited to): management of the premises, noise/anti-social behaviour, and regulation of visitors, to the satisfaction of the City of Fremantle.

ADVICE NOTES:

i. A Building permit is required for the proposed Building Works. A certified BA1 application form must be submitted and a Certificate of Design Compliance (issued by a Registered Building Surveyor Contractor in the private sector) must be submitted with the BA1.


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ii. Local Planning Policy 1.10 Construction Sites can be found on the City’s web site via http://www.fremantle.wa.gov.au/development/policies.

A copy of the City’s Construction and Demolition Management Plan Proforma which needs to be submitted with building and demolition permits can be accessed via: https://www.fremantle.wa.gov.au/sites/default/files/Construction%20and%20Demolition%20Management%20Plan%20Proforma.pdf The Infrastructure Engineering department can be contacted via [email protected] or 9432 9999.

iii. Whereby the applicant seeks to dispose of storm water off-site, the applicant is advised to contact the City of Fremantle’s Infrastructure Engineering department for further advice on a suitable drainage solution, whether by maintaining the current/existing connection or through surface flow into the drainage system.





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PC2003 - 5 JEFFERY STREET, NO 13A (STRATA LOT 1) BEACONSFIELD – TWO STOREY SINGLE HOUSE – (JL DA0316/19)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda Attachments: 1: Amended development plans Additional information: 1. Site photos SUMMARY

Approval is sought for a two storey Single house at No. 13a Jeffery Street, Beaconsfield. Amended plans were submitted to address City Officer concerns regarding the development’s compliance with Council’s LPP2.9 Streetscapes policy provisions, specifically relating to the setback of the upper floor. The proposal is referred to the Planning Committee (PC) due to the nature of some discretions being sought and comments received during the notification period that cannot be addressed through conditions of approval. The application seeks discretionary assessments against the Local Planning Scheme No. 4 (LPS4), Residential Design Codes (R-Codes) and Local Planning Policies including the following:

Primary Street Setback

External wall height

Lot boundary setbacks

Visual privacy

Garage door width

The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for the construction of a two storey Single house to an existing vacant site at No. 13a Jeffery Street, Beaconsfield. The proposed works include:

Double garage

Ground floor accommodating a study, theatre, scullery, kitchen, living room

Upper floor accommodating Master Bedroom with Ensuite, three bedrooms and bathroom

Alfresco area and swimming pool


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Amended development plans are included as Attachment 1. Site/application information Date received: 22 August 2019 Owner name: Antonio and Anita Naglieri Submitted by: Jnt Homes Scheme: Residential R20/25 Heritage listing: Not Listed Existing land use: Vacant site Use class: Single house Use permissibility: P


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CONSULTATION

External referrals Nil required. Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as the proposal sought design principle assessments against requirements of the R-Codes. The advertising period concluded on 31 January 2020, and two (2) submissions were received. The following issues were raised (summarised):

Building bulk and streetscape concerns relating to the garage width and western boundary wall.

The entrance to the dwelling is not clearly visible form the street.

Overlooking from the upper floor bedroom windows and the hallway window towards the adjoining western and eastern properties’ existing primary outdoor living areas.

Noise impacts from the location of the pool as it is in close proximity to neighbouring dwelling’s bedroom.

The finish of the western boundary wall has not been specified.

Overshadowing created from the development.

In response to the above, the following comments are provided by officers:

With regards to the concerns raised associated with the visibility of the dwelling’s entrance and if it is clearly visible from the street, the proposal is considered to be compliant with the R-Codes. The R-Codes don’t specifically state that the entrance doorway needs to be clearly visible, but rather the street elevation of the dwelling addresses the street with clearly definable entry point when accessed from the street. In this instance the development includes a clear single access path which clearly leads pedestrians to the eastern side of the dwelling and the provided front door.

Visual privacy is discussed below where it does not meet deemed to comply requirements. All upper floor windows that may allow overlooking towards adjoining properties are to be conditioned to include a minimum sill height of 1.6m or alternative screening in accordance with the R-Codes.

The finish of the boundary walls is also to be conditioned to ensure the wall is finished to a satisfactory standard. Any issue regarding legal access to appropriately finish a boundary walls is typically dealt with as a civil matter prior to physical construction.

In regard to concerns relating to noise generation from the proposed pool, it is noted that any mechanical equipment associated with the pool (pool pump etc.) will need to comply with the Environmental Protection (Noise) Regulations (as amended) 1997 and an appropriate advice note will be included to alert the owners to this obligation. With regards to noise being omitted by people voices, the level of noise anticipated to be generated by the development is not considered to be unreasonable. Any noise is considered to be consistent with that generally emitted from a typical backyard use of a residential property.

The proposal has been assessed against and is compliant with the deemed to comply criteria of the R-Codes with regards to overshadowing, meaning it is considered acceptable.


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The remaining comments are addressed in the officer comment below. OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of LPS4, the R-Codes and relevant Council local planning policies. Where a proposal does not meet the Deemed-to-comply requirements of the R-Codes, an assessment is made against the relevant Design principles of the R-Codes. Not meeting the Deemed-to-comply requirements cannot be used as a reason for refusal. In this particular application the areas outlined below do not meet the Deemed-to-comply or policy provisions and need to be assessed under the Design principles:

Primary Street Setback



Visual privacy

Garage door width

The above matters are discussed below. Background The subject site is located on the southern side of Jeffery Street, between York Street and Barfield Street in Beaconsfield. The site has a land area of approximately 405m² and is currently a vacant site. The site is zoned Residential and has a density coding of R20/25. The site is not individually heritage listed nor is it located within a Heritage Area. No. 13 Jeffery Street was subdivided into two green title lots in 2008, with the site having a restrictive covenant requiring compliance with LPP 2.2 Split Density Codes and Energy Efficiency and Sustainability Schedule. Primary Street Setback


Ground floor 7m 5.3m (garage)- 4.7m (dwelling)

2.3m-1.7m

Upper floor 10m 10m Nil

Image 1 below, is an aerial image of the properties within the Jeffery Street prevailing streetscape. The blue bordered property is the subject site. The existing ground floor primary street setbacks of the respective properties range from 4.6m – 17.5m.


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Image 1: Existing prevailing streetscape, with the subject site highlighted in blue.

The primary street setback for the ground floor portion of the development is considered to meet the discretionary criteria of Local Planning Policy 2.9 – Residential Streetscapes as the proposed ground floor setback is considered to generally align with the existing setback pattern of buildings of comparable height within the prevailing streetscape. Whilst the older dwellings are setback approximately 17.5m from the street the newer constructions located at 7b and 13b Jeffery Street are consistent with the proposal.



External wall height 6m 6.3m - western elevation)

300mm

The proposed external wall height is considered to meet the Design principles of the R-Codes in the following ways:

The proposal meets the deemed to comply requirement for building height with the exception of a small portion of the central western elevation and south western corner of site as shown in green in Image 2 below.

Image 2: Location of the over height portion of the dwelling

The small element of wall is not considered to unduly impact neighbouring sunlight access, due to its eastern location,

Given the length of the portion of over height wall is limited, minimal impacts in terms of building bulk will result, and

There are also no views of significance impacted by this slight wall increase.


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West – GF Boundary Wall (Garage)

1m Nil 1m

West – GF Boundary Wall (Living)

1m Nil 1m

West – GF (Alfresco) 1.5m 1m 500mm

West – UF (Master bedroom, ensuite, WIR and bathroom)

2.4m 2m 400mm

East – G/F Boundary Wall (Porch)

1m Nil 1m

East – GF (Stairs and Dinning) 1.5m 1.2m 300mm

Boundary walls The boundary walls are considered to meet the Design principles of the R-Codes and the discretionary criteria of LPP2.4 in the following ways:

The eastern boundary wall (marked yellow in Image 3 below) is associated with the porch addition. Given the limited length and height of the wall (being 2.9m for both dimensions) and the area the wall is to abut of the neighbouring eastern property consists mainly of pedestrian access area, the overall amenity impacts are considered negligible.

With regards to the boundary walls to the western boundary (marked red in Image 2 below), the impacts created by these additions are considered minimal given the locations the walls will abut consist of vehicle access area / hardstand parking and a portion of the greater backyard area which is not in close proximity to the dwellings exclusive outdoor living area.


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Image 2: Location of proposed boundary walls

The lot boundary setbacks are considered to meet the Design principles of the R-Codes in the following ways: (Eastern setbacks)

The adjoining eastern site is improved by a two storey dwelling which has no major openings on the western elevation. The dwelling’s outdoor living area is located to the front of site between the dwelling and the carport resulting in minimal impacts to this property by way of building bulk, access to winter sunlight, and ventilation.

(Western setbacks)

Given the north south orientation of the site, solar access to the adjoining site and specifically its dwelling and exclusive outdoor living area will be safeguarded.

Furthermore, given the areas of the adjoining site (side setback area of the garage and central backyard area) , the articulated 1.5m - 2m setbacks for the upper floor is considered to result in minimal building bulk and ventilation impacts on this property.


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Visual privacy


Bedroom 2 (West) 4.5m 1.5m 3m

Bedroom 3 (South) 4.5m 3m 1.5m

Bedroom 4 (South) 4.5m 2.6m 1.9m

The visual privacy is not considered to meet the Design principles of the R-Codes as the window opening to the above rooms will allow direct overlooking of existing external outdoor living areas of respective adjoining sites. Therefore a condition requiring screening is recommended. Garage Door Width

Requirement Proposed Extent of Variation

Where a garage is located in front of a dwelling, the

door and supporting structures facing the

primary street is not to occupy more than 50% of the frontage at the setback line as view from the street.

60% (6m) 10% (1m)

The proposal is considered to meet the design principles of the R-Codes in the following ways:

The visual connectivity between the street and the dwelling will be maintained.

Views from major openings of the dwelling to the street remain unaffected;

The width of the garage structure is not excessively greater than the deemed-to-comply requirement and is not considered to contribute to sense that the street is dominated by garage doors. The dwelling design includes a study with a large window to the ground floor front elevation which projects slightly forward of the garage door and helps to mitigate the visual dominance of the garage when viewed from the street.

LPP 2.2 Split density codes and energy efficiency and sustainability schedule As the site was subdivided under the higher of the split density R-Codes, the proposed development is required to meet the Energy Efficiency and Sustainability Schedule as follows:

Dwelling to demonstrate one (1) star in excess of the current energy efficiency requirement of the Building Codes of Australia (BCA), being a total of seven stars.

1.5kw photovoltaic solar panel system.

3000L rainwater tank or grey-water reuse system. The applicant has not indicated in their application the above provisions and City Officers have informed the applicant that compliance with the above provisions is required. A condition of approval is recommended to ensure these are met at building permit stage and installed on site.


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CONCLUSION

It is considered that the amended proposal satisfies the relevant discretionary criteria of the R-Codes and the City’s Scheme and policies per the above assessment. Accordingly, the development is recommended for approval, subject to conditions. STRATEGIC IMPLICATIONS Strategic Community Plan 2015-25

Provide for and seek to increase the number and diversity of residential dwellings in the City of Fremantle

Green Plan 2020 Encourage the retention of vegetation on private land.

1. No trees are proposed to be removed as part of this development. FINANCIAL IMPLICATIONS

Nil LEGAL IMPLICATIONS

Nil OFFICER'S RECOMMENDATION

Planning committee acting under delegation 1.1: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, two storey Single house at No. 13a (Strata Lot 1) Jeffery Street, Beaconsfield, subject to the following condition(s):

1. This approval relates only to the development as indicated on the approved plans, dated 10 January 2020. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. All storm water discharge shall be contained and disposed of on site or otherwise approved by the City of Fremantle.

3. Prior to occupation/ use of the development hereby approved, the

boundary walls located on the eastern and western shall be of a clean finish in any of the following materials: • coloured sand render, • face brick, • painted surface, • and be thereafter maintained to the satisfaction of the City of Fremantle.


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4. Prior to the issue of a Building Permit for the development hereby approved, a detailed drawing showing how the windows located on the western and southern upper floors elevation to bedrooms 2, 3 and 4, are to be screened in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes by either: a) fixed obscured or fixed translucent glass to a minimum height of 1.60

metres above internal floor level, or b) fixed screening, with openings not wider than 5cm and with a

maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the internal floor level, or

c) a minimum sill height of 1.60 metres above the internal floor level, Prior to occupation of the development hereby approved, the approved

screening method shall be installed and maintained to the satisfaction of the City of Fremantle.

5. That the dwelling achieve a NatHERS accredited energy efficiency star

rating of seven (7) stars that is certified by a NatHERS energy assessor to the satisfaction of the City of Fremantle.

5. Prior to occupation of the development hereby approved, a minimum

1.5kw photovoltaic solar panel system shall be installed and maintained thereafter to the satisfaction of the City of Fremantle.

6. Prior to occupation of the development hereby approved, a 3000L

rainwater tank plumbed to a toilet and/or laundry, or an approved grey-water reuse system that collects grey water from the laundry and bathroom and re-directs it for garden irrigation/ground water recharge, shall be installed or and maintained thereafter to the satisfaction of the City of Fremantle.

7. The development indicated on the approved plans, including any footings, shall be wholly located within the cadastral boundaries of the subject site.

8. Where any of the preceding conditions has a time limitation for

compliance, if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation for compliance specified in that condition), continues whilst the approved development continues.

Advice Note(s):

i. All mechanical service systems including air-conditioners and pool filters etc are to be designed and installed to prevent emitted noise levels from exceeding the relevant decibel levels as set out in the Environmental Protection (Noise) Regulations 1997 (as amended).


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PC2003 - 6 THOMPSON ROAD, NO. 64A (LOT 9), NORTH FREMANTLE - TWO STOREY SINGLE HOUSE WITH UNDERCROFT GARAGE – (NB DA0507/19)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda attachments: 1. Development Plans Additional information: 1. Site photos

SUMMARY

Approval is sought for a two storey Single house with undercroft garage. The proposal is referred to the Planning Committee (PC) due to the nature of some discretions being sought and comments received during the notification period that cannot be addressed through conditions of approval. The application seeks discretionary assessments against the Local Planning Scheme No. 4 (LPS4), Residential Design Codes (R-Codes) and Local Planning Policies. These discretionary assessments include the following:

Primary street setback

Lot boundary setbacks (north and south)

Building height

Visual privacy

Solar access The application is recommended for conditional approval.

PROPOSAL

Detail Approval is sought for a two storey Single house with undercroft garage to an existing vacant lot. The proposed works include:

Two car garage with more than 50% of its volume below natural ground level (therefore not defined as a storey as per the definition within LPS4).

Upper ground floor including dining, living, kitchen, den and guest rooms.

First floor including three bedrooms, a study, and two bathrooms. The applicant submitted amended plans on 7 February 2020 including revised overshadowing diagrams and sectionals. Development plans are included as attachment 1.


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Site/application information Date received: 20 December 2019 Owner name: Mr Peter Adams and Mrs Samantha Adams Submitted by: Mr Peter Adams and Mrs Samantha Adams Scheme: Mixed use R25 Heritage listing: North Fremantle Heritage Area Existing land use: Vacant lot Use class: Single house Use permissibility: A

CONSULTATION

External referrals Nil required. Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as discretion was sought against the R-Codes and LPS4. The advertising period concluded on 3 February 2020, and one submission was received. The following issues were raised (summarised):

The development will block all light to six of the north and northwest facing windows of the southern house.

The development will overshadow the small garden and outdoor living area.

The reduced front setback means that the building will block access to the verandah of the house to the south and impact the existing fruit trees.

Concerned that the excavation required would damage adjoining houses and encroach onto neighbouring properties.

In response to the above, the applicant submitted revised plans showing a more accurate overshadowing diagram.


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In response to the above, the following comments are provided by officers:

Encroachment onto adjoining properties and work affecting other properties is covered by the Building Act and is the responsibility of the builder during construction. The building codes state that a building must be engineered and constructed so as not to cause damage to structures on other lots.

The remaining comments are addressed in the officer comment below.

OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of LPS4, the R-Codes and relevant Council local planning policies. Where a proposal does not meet the Deemed-to-comply requirements of the R-Codes, an assessment is made against the relevant Design principles of the R-Codes. Not meeting the Deemed-to-comply requirements cannot be used as a reason for refusal. In this particular application the areas outlined below do not meet the Deemed-to-comply or policy provisions and need to be assessed under the Design principles:

Primary street setback


Building height

Visual privacy

Solar access. The above matters are discussed below. Background The subject site is located on the western side of Thompson Road between Leslie Road and Burford Place in North Fremantle. The site has a land area of approximately 607m² and is currently a vacant lot. The site is zoned Mixed use and has a density coding of R25. The site is not individually heritage listed but is located within the North Fremantle Heritage Area. There is a steep slope at the front of the lot, with the site sloping up approximately 5m from the street level within the first 7.5m length of the property. From here, the slope becomes gentler, with an approximate 2m increase in height over the rear 22m length of the lot. On 30 April 2018, the Planning Committee granted Planning Approval for the demolition of the existing Single house and the construction of new Two storey Single house. The demolition portion of the above application has been acted upon, but the new house was never constructed. Heritage Significance The place was removed from the heritage list in 2016, as the original house had been demolished and the house then in place was not considered to have heritage significance. The high limestone walls fronting the street remained, which resulted in the previous application being assessed for the heritage significance of these limestone features. However, the limestone features of the place are not on the City’s Heritage List.


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The development approved in 2018 proposed retaining the southernmost portion of wall and repairing it, and a condition of approval was also included to this effect. This was likely due to the fact that the lot is located within the North Fremantle Heritage Area and the walls were assessed for their contribution to the streetscape. The current application proposes complete demolition of these walls. An archival feature map of the area in the City’s historical records shows that many properties fronting Thompson Road had high limestone walls on the street. Over time, these walls were demolished, leaving only the walls on the subject site. In isolation, this remaining wall is no longer considered to create a cohesive streetscape or contribute to the original feel of the area. Rather, the remaining wall presents more as an anomaly. In the opinion of City Officers, the heritage significance of the locality in regards to the limestone street walls has been greatly diminished to the extent that there is little or no significance remaining for the walls on the subject site. Retaining a portion of this wall, as proposed in the previous application, would seem to be tokenistic and not give a sense of the historical nature or scale of the limestone walls that once predominated. Complete demolition of these limestone walls is therefore supported. SPP 5.4: Road and Rail Noise The lot is located within 60 m of a busy transport corridor, being Stirling Highway, and must therefore comply with the Quiet House design requirements of the policy. These requirements have been included as a condition of approval. Land Use A Single house is an ‘A’ use in the Mixed Use Zone, which means that the use is not permitted unless the Council has given notice and exercised its discretion by granting planning approval. In considering an ‘A’ use the Council will have regard to the matters to be considered in the Planning and Development (Local Planning Schemes) Regulations 2015. In this regard the following matters have been considered:

(b) The aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area

(m) The compatibility of the development with its setting including the relationship of the development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development

(n) The amenity of the locality including the following: (i) Environmental impacts of the development

(ii) The character of the locality (iii) Social impacts of the development

(y) Any submissions received on the application. The proposed development is considered to address the above matters as the land use is consistent with the adjoining Single house and Grouped dwellings within the locality and the streetscape.


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Building height


Wall height 7.5 m 8.2 m 0.7 m

Clause 4.8.1.2 of LPS4 states:

Where there is a variation in ground level over a development footprint of greater than one metre, Council may increase the specific height requirements of Schedule 7 subject to—

(a) no portion of external wall of the building exceeding the maximum external wall height requirement of Schedule 7 by greater than 0.5 metres, and

(b) no portion of external wall of the building that exceeds the maximum external height requirement of Schedule 7 being situated on the higher side of the development footprint as measured from natural ground level.

The development generally meets the above requirement and has a maximum height of 8m overall except for a small portion of the site near the street. The small area where the development exceeds the allowance by 0.2m is due to a dip in the topography of the ground where the land has settled after the demolition of the previous house. This dip is considered an anomaly, with the remaining contours following a consistent gradient. Primary street setback NB: Arranged in order of setback distance from street

Address Required Setback Discretion

62A Thompson Road Ground:

First:

5m to walls 4m high; 7m to walls greater

than 4m

0.5 m

4.5 m

5 m 2 m

74 Thompson Road Ground:

First:

1.5 m

3.5 m

1.7 m 5.3 m


First:

4.7 m

0.3 m

n/a n/a

Subject site Ground:

First:

5.3 m

(NB: Den exceeds 4m in height and therefore requires 7m setback)

1.7 m

9.7 m Complies


First:

n/a – ground floor wall height exceeds 4m

n/a

6.121 m 0.879m

1/64 Thompson Road

Ground: First:

9 m

Complies

9 m Complies


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The primary street setback is considered to meet the Design principles of policy LPP 2.9: Residential Streetscape in the following ways:

The front setback variation is only to the ground floor. The upper floor complies with the policy.

The variation is consistent with the setback of the other houses within the prevailing streetscape.

The portion of wall affected by the variation is set far enough away from the adjoining lot boundaries so as to provide minimal impact.



Garage (south) 1 m Nil 1 m

Kitchen (south) 1.5 m Nil 1.5 m

Upper Floor Bathroom (south)

1.3 m 1 m 0.3 m

The lot boundary setbacks are considered to meet the Design principles of the R-Codes in the following ways:

The kitchen wall is the biggest of the three variations. The rear 5.8m of the proposed wall will abut an existing boundary wall on the adjoining site. The remaining portion of wall partially abuts an existing garden shed of the outdoor living area of the adjoining lot.

The kitchen wall is single storey and between 2.2m and 2.952m tall, resulting in minimal impact to bulk and scale of the adjoining lot.

The upper floor bathroom wall is only 4 m in width and sits opposite the upper verandah of the adjoining lot. The minimal variation to this portion will have minimal impact on perceived bulk and scale of the building.

The garage sits primarily below the natural ground level of the site. The reduced setback for the garage is only for a portion of the wall that exceeds the natural ground level. (see Figure 1 below).

Figure 1: Elevation showing extent of boundary wall above natural ground level.


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Solar access


Overshadowing Max 25% (161.5 m2)

30.3% (195.7 m2)

5.3% (34.2 m2)

The solar access is considered to meet the Design principles of the R-Codes in the following ways:

The bulk of the overshadowing falls upon the existing boundary wall of the dwelling at the rear of the adjoining lot, and the wall of the front house (see Figure 2 below).

The northern elevation of the adjoining front house contains no major openings, with all windows being obscure glazed and inoperable. The R-Codes therefore do not define these windows as ‘major openings’ which can be impacted by overshadowing.

Aside from the kitchen boundary walls, the remaining portion of house with the greatest impact on overshadowing is set back from the boundaries in accordance with the Deemed-to-comply requirements of the R-Codes.

The overshadowing does not impact the existing solar panels of the adjoining house (see Figure 3 below).

The shadow will fall on the outdoor living area of the adjoining site, but will leave the southern portion of the area open to winter sunlight.

Figure 2: Extent of overshadowing shown in grey.


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Figure 3: Overshadowing diagram

Visual privacy


Master bed (north) 4.5 m 2.9m 1.6 m

Bed 2 (north) 4.5 m 2.9 m 1.6 m

Bed 3 (north) 4.5 m 2.9 m 1.6 m

Study (north) 6.0 m 3.7 m 2.3 m

The visual privacy is considered to meet the Design principles of the R-Codes in the following ways:

Overlooking from all bedrooms is oblique rather than direct.

Overlooking from all bedrooms is to blank walls and service areas of the adjoining house rather than outdoor living areas or habitable rooms.

Overlooking from the study is blocked by thick vegetation on the adjoining lot (see Figure 4 below).

Overlooking from the study is primarily to the front entrance of the adjoining Grouped dwellings.


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Figure 4: Area of overlooking from Study

CONCLUSION

Overall, the proposed development is in keeping with the existing form and scale of development nearby and the variations will have minimal amenity impacts to adjoining lots. STRATEGIC IMPLICATIONS Nil


Nil

LEGAL IMPLICATIONS

Nil


Planning committee acting under delegation 1.1: APPROVE, under the Metropolitan Region Scheme and Local Planning

Scheme No. 4, the Two storey with undercroft Single house at No. 64A (Lot 9) Thompson Road, North Fremantle, subject to the following condition(s):


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1. This approval relates only to the development as indicated on the approved plans, dated 7 February 2020. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. All storm water discharge shall be contained and disposed of on-site

unless otherwise approved by the City of Fremantle.

3. The approved development shall be wholly located within the cadastral

boundaries of the subject site including any footing details of the development.

4. Prior to occupation/ use of the development hereby approved, the

boundary walls located on the southern boundary shall be of a clean finish in any of the following materials:

• coloured sand render, • face brick, • painted surface,

and be thereafter maintained to the satisfaction of the City of Fremantle.

5. Prior to the issue of a building permit for the development hereby

approved, details are to be submitted and approved by the City of Fremantle that demonstrate that the development incorporates the noise mitigation ‘Quiet House Requirements’ of Table 3 of the State Planning Policy 5.4 ‘Road and Rail Noise Guidelines’, or designs and implements an approved noise management plan, to the satisfaction of the City of Fremantle.

6. Prior to the occupation of the development hereby approved, vehicle

crossovers shall be constructed to the City’s specification and thereafter maintained to the satisfaction of the City of Fremantle.

7. Prior to the occupation of the development hereby approved, any

redundant crossovers shall be removed and the verge and kerbing reinstated to the City’s specifications, at the expense of the applicant and to the satisfaction of the City of Fremantle.

8. Where any of the preceding conditions has a time limitation for

compliance, if any condition is not met by the time requirement within that condition, then the obligation to comply with the requirements of any such condition (other than the time limitation for compliance specified in that condition), continues whilst the approved development continues.


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ADVICE NOTES:

i. The City strongly encourages deep planting zones that should be uncovered, contain a retained or planted tree to Council’s specification, have a minimum dimension of 3.0m and at least 50% is to be provided on the rear 50% of the site.

ii. The applicant is advised that all works, including tree removal/relocation

and crossovers, require a separate application from the City’s Engineering Department. New/modified crossover(s) shall comply with the City’s standard for crossovers, which are available on the City of Fremantle’s web site. New or relocated trees will be to the City’s specifications and at the applicant’s expense.


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PC2003 - 7 CONGDON STREET NO.5 (LOTS 5 AND 6), NORTH FREMANTLE - HOUSING DEVELOPMENT (FOUNDATION HOUSING 'MY HOME PROJECT') (JL DA0459/19)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda attachments: 1. Development Plans Additional information: 1. Site Photos

SUMMARY

Approval is sought for a temporary housing development as an interim use on disused land owned and reserved by the State Government for public transport (Railway) but currently not required for that purpose. The proposal involves 18 Self-contained single bedroom units to be managed by Foundation Housing. The proposal is referred to the Planning Committee (PC) due to its unusual nature and comments received during the notification period that cannot be addressed through conditions of approval. As the proposal is located within land reserved under the Metropolitan Region Scheme (MRS) as ‘Railway Reserve’, the City acts only in the capacity as a referral body, providing a recommendation to the Western Australian Planning Commission (WAPC), being the determining authority in this instance. As the proposal relates to reserved land under the MRS, the provisions of the City’s Local Planning Scheme No. 4 (LPS4) and Council’s Local Planning Policies (LPP’s) do not apply, but have been used as a guide in assisting Council in formulating its position for its recommendation to the WAPC. The proposal is considered to advance an important strategic objective of the City’s and adequately addresses major design and management considerations, and therefore the application is supported.

PROPOSAL

Detail Approval is sought for a housing development (18 Self-contained single bedroom units) to provide temporary housing (15 years) on land that is owned by the State Government and has been identified for long-term public transport uses. The proposal seeks to make use of (currently) surplus public land in suitable locations as an ‘interim use’ to provide housing for those in need through services offered by Foundation Housing. This initiative is known as ‘My Home’. Use of lightweight and ‘flat pack’ construction allows removal if and when the land is required for its reserved purpose. Foundation Housing is a WA developer and manager of affordable housing for people in need. The ‘My Home’ is a new initiative to provide housing for homeless people at no cost to government. ‘My Home’ is a proposed 3-way partnership between government, not-for-profit and the private sector, and is based on the Housing First model. The


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Housing First model is guided by the principle that a homeless individual's primary need is to obtain stable housing firstly, followed by the provision of support services that can help the individual re-engage with the community and ultimately become self-sufficient. This proposed development will be tenanted by homeless women over 55 years of age. Homeless people are from all walks of life, from many socio-economic backgrounds and all demographics. There is strong anecdotal evidence that a growing "hidden" group of people becoming homeless in Australia are single women aged over 55 years of age. Women in this age group may have spent many years raising children and are less likely to have accumulated sufficient superannuation to support themselves. Death of a spouse, divorce, lack of confidence to re-enter the workforce, outdated work skills and poor financial management all contribute to an older woman finding herself homeless. Each unit is single storey in form and 30m2 in area with a bedroom, kitchen, living and bathroom space. There is also a shared laundry and storeroom facilities. The site is to be landscaped with vegetable gardens, fruit trees and outdoor living spaces. The development is to be configured in a side by side row housing design. Eight (8) communal car bays are provided for the development to the south of site. Development plans are included as attachment 1. Site/application information Date received: 20 November 2019 Owner name: Public Transport Authority Submitted by: My Home Scheme: MRS – Railway Reserve Heritage listing: North Fremantle Heritage Area Existing land use: Vacant Land


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CONSULTATION

External referrals Fremantle Ports (FA) The application was referred to FP as the subject site is located within Fremantle Port Buffer Area 2. The FP has advised that they have no objection to the proposal subject to compliance with the standard built form requirements for Area 2 which relate to glazing specifications, air conditioning systems and attenuation measures. These matters have been included as conditions of the City’s recommendation for the WAPC’s consideration. Main Roads Western Australia (MRWA) The application was referred to MRWA for comment as the site is affected by a Primary Regional Road reservation (Category 3). MRWA have advised that they do not support the proposal as ‘

The proposed development encroaches on Planning Control Area (PCA) 113’. MRWA have advised the City that the future proposed Curtin Ave bridge over rail is not within the Main Roads 4 year project list however the proposed 15 year term of the lease may affect future planning of the project.

The City is not aware that construction of the Curtin Avenue bridge is likely to occur within 15 years and has recently been advised that this project is not included in either short or long term capital budgets, nor has it been formally approved by the State Government as a preferred option for the future alignment of Curtin Avenue. Given that the Public Transport Authority would be leasing the land to the proponent, if the land is required for its reserve or associated public purpose, provisions could be included in the lease documentation to protect this concern and allow early termination of the lease. It is the City’s understanding that this has already been stated as a requirement by PTA. Coordination of timing and access requirements for the land for public purposes is a matter for the respective state agencies to resolve. As the City is not determining this application, it can forward its recommendation to the WAPC even in the event that MRWA does not support the proposal. The WAPC will be required to have regard to all referral agency comments including MRWA’s. Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as the proposal includes a use not normally associated with the Railway Reserve. The advertising period concluded on 13 December 2019, and four (4) submissions were received. Advertising of the application comprised of the following:

Letter to owners and occupiers within 100 metres of the site; and

Advertising of the application on the City’s ‘Mysay’ website. Two (2) submissions expressed support for the proposal, and the other two raised concerns regarding the following issues:


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The proposed development is going to impact access to Congdon Lane. This is the main vehicle access to properties 77-93 Stirling Highway North Fremantle. The lane is in a very poor state of repair, rough and dusty. With parking bays proposed opposite to Congdon Lane this may cause traffic issues. Prior to commencement of development it would be desirable to have the lane sealed.

North Fremantle already has a high proportion of public housing. The concentration of housing in the suburb frequently impacts adversely on residents, particularly in those sections where the housing is located. Congdon Street is close to one of the areas where there is already a concentrated group of public housing. North Fremantle does not need more Homes west housing. Building more social housing in North Fremantle will only exacerbate the problems that are caused by the existing concentration.

In response to the above, the following relevant comments are provided by officers:

The rear bitumen access way will remain untouched, however it is important to note that this access way does not form part of Congdon Street which only extends east-west between Stirling Highway and the railway line. The property located No.77-93 Stirling Highway only has legal vehicle access from Stirling Highway and this will remain unchanged.

The development is proposed by Foundation Housing and not a Homes West project. As mentioned above, Foundation Housing will manage the site and will be directly responsible for managing the needs of occupants of the site.

OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of the MRS and relevant Council local planning policies. It is important to note that the provisions of the City’s Local Planning Scheme No.4 are not applicable to the assessment of this application and the application needs to be assessed on its own merits. Background The subject site is located on the north of Congdon Street and abuts the railway line/ reserve to the west. The site has a land area of approximately 2890m² and is currently vacant land. The site is reserved under the Metropolitan Region Scheme (MRS) for railway purposes and has no density coding. The site is not individually heritage listed but is located within the North Fremantle Heritage Area. Metropolitan Region Scheme (MRS)

The subject site is reserved for ‘Railway purposes under the MRS. The MRS states that, ‘Reserved land owned by or vested in a public authority may be used without the written approval of the Commission referred to in Clause 13 if the land is used:

(a) for the purpose for which it is reserved under the Scheme; (b) for any purpose for which it was lawfully used before the coming into force of the Scheme; or (c) for any purpose for which the land may be lawfully used by the public

authority.


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The Department of Planning, Lands and Heritage website states that reserved land “is reserved for community purposes. It may be reserved to protect a resource or to provide areas for infrastructure”. It further states that Railways reserve land “provides for public transit routes, freight rail lines and associated facilities such as park'n'ride stations, maintenance depots and marshalling yards.” In situations such as this, larger areas then are strictly required are sometimes reserved to reflect cadastral boundaries, allow for construction etc. In this location, where the North Fremantle (Leighton) Railway station was installed by the state relatively recently, and regional road planning remains unresolved, the reserve arrangements remain conservative. Improvements to station access and extension of the Principal Shared Path along the railway are planned in the near future with long term road arrangements (including the proposed flyover referenced in Main Roads’ submission) still subject to further investigation, planning and finalisation by the state. Whilst it is clear that the land is reserved for railway purposes, the short term activation of the vacant site could be considered appropriate after taking the below into account:

1) the term of the development is limited to 15 years, 2) the built form is lightweight and easily transportable, and 3) that the Public Transport Authority (vested authority for the land) is a party to the

land lease and ultimately in support of the proposal (having signed the application forms, on the basis that it is temporary in nature)

Provided that development does not prejudice the State’s long-term transport planning objectives for the land, its alternative interim use can be considered. Ultimately, it will be up to the WAPC to determine this, and whether the proposal is consistent (or at least not inconsistent) with the reservation and the operational needs and strategic interests of government agencies. Amenity / Strategic comments The interim use of surplus / underutilised land is supported in principle as contributing to a more efficient and sustainable urban environment. This is subject to the proviso that the interim use is deemed appropriate or beneficial, and that appropriate safeguards are in place to ensure that it remains available for its reserved purpose if and when required. The proposed use of this site to accommodate those in most need of housing support aligns with objectives of the Council to provide more diverse housing and promote inclusiveness and social equity. Its operation within a management framework run by a reputable and experienced organisation adds further weight in favour of its consideration. The location of the site abutting a railway station both contributes to urban consolidation (albeit temporarily) and improved access to public transport (by those potentially most in need of this service). Transport Noise Given the site abuts the Fremantle line train route State Planning Policy 5.4 – Road and Rail Transport Noise Policy (SPP5.4) applies. The proponent has stated that an Acoustic Assessment has not been undertaken for the proposed development (as ordinarily required) due to its temporary nature and financial feasibility of the project which rests on its affordability. Notwithstanding this, the development will be constructed with the following noise attenuation inclusions:


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Double glazing,

R2.5 wall insulation,

R6 roof insulation,

All windows are north / south facing with solid walls facing the railway line, and

3000l rainwater tanks will be located on the west side of the houses facing the railway line to act as an acoustic buffer, and

Landscaping will include dense shrubs along the western boundary which will also assist with noise attenuation.

It would be open to the WAPC to require conduct of an Acoustic Assessment and potentially upgrade of the dwellings to meet noise requirements as these represent an important health and amenity consideration. However given the greater health and amenity challenges posed by homelessness, flexibility on this would be reasonable if it presents a critical barrier to the proposal, as has been stated. Design The dwellings have been designed by an architect and present a simple but functional layout. Use of passive solar design is apparent and is supported. Car parking As mentioned above 8 communal car bays are provided to the south of site: this is less than the standard requirement specified by R-Codes however these assume a level of car ownership unlikely to apply in this instance. The proponents have stated that the majority of tenants are unlikely to own vehicles with the bays primarily for visitor parking. In addition to this, given the sites close proximity to both North Fremantle train station (200m) and Stirling highway (80m), tenants have a high level of public transport options available and car parking provision is consequently considered adequate. Inclusion of an advice note that the management plan for the site is to address car parking tenants (restricting this to a maximum of, say, 2 tenants) could provide a further safeguard. Management The development is proposed to be operated by Foundation Housing. They have indicated that it will be focussed on provision of housing for women over 55. Foundation Housing operate a number of housing facilities with their website outlining management policies and approaches. A condition of the development approval to accord with an agreed management plan is recommended to address matters such as leasing/tenant agreements and ensure a clear protocol for addressing and potentially removing any disruptive tenants, should this become an issue. This would assist in addressing the concerns raised in one submission regarding the impact of an excessive concentration of public housing.

CONCLUSION

As mentioned above, as the proposal is contained within land reserved under the Metropolitan Region Scheme (MRS) as ‘Parks and Recreation’, the City acts only in the capacity as a referral body providing a recommendation to the determining authority, being the Western Australian Planning Commission (WAPC).


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As the proposal relates to reserved land under the MRS, the provisions of the City’s Local Planning Scheme No. 4 (LPS4) and Council’s Local Planning Policies (LPP’s) do not apply, but have been used guidance purposes in assisting Council in formulating its position for its recommendation to the WAPC. Based upon the assessment above and taking into consideration the temporary nature of this proposal, whilst unique in nature the proposed development is considered supportable. The proposal is considered to be generally consistent with the provisions of Council’s LPP’s, and therefore conditional approval to the WAPC for their determination is recommended. STRATEGIC IMPLICATIONS The proposal contributes to the City’s objectives to:

Provide more diverse and affordable living opportunities

Increase the number of people living in Fremantle

Increase social inclusion.

Increase density in activity centres and along transit corridors


Nil

LEGAL IMPLICATIONS

Nil


Planning committee acting under delegation 1.1: REFER to the Western Australian Planning Commission with a recommendation for APPROVAL under the Metropolitan Region Scheme for the proposed, Housing development (Foundation Housing 'My Home Project') at No. 5 (Lots 5 and 6) Congdon Street, North Fremantle, subject to the following condition(s):

1. This approval relates only to the development as indicated on the approved plans, dated 20 November 2019. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. Notwithstanding condition 1 above, the proposed use is to cease, with all

associated structures being removed from the subject site 15 years from the date of this decision letter.

3. All storm water discharge shall be contained and disposed of on site or

otherwise approved by the City of Fremantle.


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4. Prior to the issue of a Building Permit for the development hereby

approved, the applicant is to submit, and have approved to the satisfaction of the City of Fremantle, a detailed parking plan design which complies with the Australian Standard AS/NZS 2890 and AS/NZS 1428, including seven (7) visitor bays, one (1) universal bay and points of ingress and egress.

5. Prior to the occupation of the development hereby approved, all car

parking, and vehicle access and circulation areas shall be maintained and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the City of Fremantle.

6. Prior to the occupation of the development hereby approved, the approved

landscaping shall be completed in accordance with the approved plans or any approved modifications thereto to the satisfaction of the City of Fremantle. All landscaped areas are to be maintained on an ongoing basis for the life of the development, to the satisfaction of the City of Fremantle.

7. Prior to the issue of a Building Permit for the development hereby

approved, the design and materials of the development shall adhere to the requirements set out within City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2. Specifically, the development shall provide the following: a) Glazing to windows and other openings shall be laminated safety glass

of minimum thickness of 6mm or “double glazed” utilising laminated or toughened safety glass of a minimum thickness of 3mm.



8. Prior to the issue of a Building Permit the applicant is to submit a

Management Plan addressing the operation of the ‘My Home’ development including but not being limited to the following:

a) Leasing/tenanting arrangements and agreements; b) Control of noise and other disturbances; and c) A complaints management service; d) Contact details for Foundation Housing. The approved management plan is to be implemented by Foundation Housing on an on-going basis and to the satisfaction of the City of Fremantle.

9. Prior to issue of a building permit of the development hereby approved,

the owner is to submit a waste management plan for approval by the City, detailing at a minimum the following: a) Estimated waste generation b) Proposed storage of receptacles c) Collection methodology for waste


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d) Additional management requirements to be implemented and maintained for the life of the development.

The waste management plan should give consideration to the fact the City is required to manage residential waste. As a result, the waste management plan will need to align with the waste services available to residents. The Waste Management Plan must be implemented at all times to the satisfaction of the City of Fremantle.


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PC2003 - 8 BANNISTER STREET, NO. 7-15 (LOT 502), FREMANTLE – EXTENSION TO TERM OF APPROVAL FOR DAP012/15 (FOUR STOREY WITH LOFT ADDITION TO EXISTING HOTEL) (CS DAPV001/20)

Meeting Date: 4 March 2020 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Agenda attachments: 1. Development Plans and SAT determination Additional information: Nil

SUMMARY

Approval is sought to extend the term of approval for a four storey Hotel addition at No.7-15 Bannister Street, Fremantle. On 20 April 2016 the South West Joint Development Assessment Panel (JDAP) granted planning approval for the four storey Hotel addition to the vacant portion of the site. The existing approval is due to expire on 20 April 2020, therefore an extension to the term of approval for a period of 2 years is sought under clause 77 (2) b of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations). The proposed extension is supported under clause 77 of the P&D Regulations and Council Policy 1.1 Amendment and Extension to the term of planning Approval.

PROPOSAL

Detail Approval is sought to extend the term of approval for the four storey Hotel addition (Stage 2 of the Hougoumont Hotel Development) at 7 – 15 Bannister Street, Fremantle. On 20 April 2016 the South West Joint Development Assessment Panel granted planning approval for a four (4) storey with loft addition to the existing Hotel. The approved addition consists of the following:

48 Hotel rooms,

34 car bays,

A 175m2 Restaurant/,

A 95m2 Bar,

A 100m2 Conference room with roof top terrace. It is proposed to extend the current term of approval, which is due to expire on 20 April 2020 for a further two years. The applicant has advised the City that the extension is requested for the following reasons:

There has been a change from under supply to excessive over supply of hotel rooms in Perth over the last few years. The applicant intends to proceed with the scheme as soon as the rebalancing of the market is evident.


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The applicant is involved in other developments in Fremantle which are due to open in late 2020, once these are operational and stabilised they plan to commence Stage 2 of the Hougoumont development

The Hougoumont site currently has an interim temporary approval for food and beverage facility operating from temporary shipping containers, this business will be commenced over the next few months but will require a minimum of 2 years operation to achieve a return on the investment.

Site/application information Date received: 5 February 2020 Owner name: Red Rock Consolidated Pty Ltd Submitted by: Red Rock Consolidated Pty Ltd Scheme: Central City Heritage listing: West End Conservation Area Existing land use: Hotel / Car Park Use class: Hotel Use permissibility: ‘A’


The Planning Committee acting under delegation 1.1: SUPPORT the Officer’s Recommendation to: 1. Accept that the DAP Application reference DAP/15/00916 as detailed on the

DAP Form 2 dated 9 January 2020 is appropriate for consideration in


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accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/15/00916 as detailed on the DAP

Form 2 dated 9 January 2020 and accompanying plans dated 20 April 2016 in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Fremantle Local Planning Scheme No.4, the proposed extension of term of approval for a period of 2 years from the date of this determination for the approved four storey with loft addition to the existing hotel at No.7-15 Bannister Street, Fremantle.

Form 2 – Responsible Authority Report (Regulation 17)

Property Location: No. 7-15 (Lot 502) Bannister Street, Fremantle

Development Description: Four Storey with Loft Addition to Existing Hotel

Proposed Amendments: Nil

DAP Name: Metro South West Joint Development Assessment Panel

Applicant: Red Rock Consolidated Pty Ltd

Owner: Red Rock Consolidated Pty Ltd

Value of Amendment: Nil

LG Reference: DAPV001/20


Authorising Officer: Manager Development Approvals


Report Date: 23 March 2020

Application Received Date: 5 February 2020

Application Process Days: 60 days

Attachment(s): 1. Original Decision and approved plans.

Officer Recommendation: That the South West Joint resolves to:

1. Accept that the DAP Application reference DAP/15/00916 as detailed on the DAP Form 2 dated 9 January 2020 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/15/00916 as detailed on the DAP

Form 2 dated 9 January 2020 and accompanying plans dated 20 April 2016 in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions


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of the City of Fremantle Local Planning Scheme No.4, the proposed extension of term of approval for a period of 2 years from the date of this determination for the approved four storey with loft addition to the existing hotel at No.7-15 Bannister Street, Fremantle.


Insert Zoning MRS: Central City

LPS: City Centre

Insert Use Class: Hotel

Insert Strategy Policy: Nil

Insert Development Scheme: Local Planning Scheme No.4

Insert Lot Size: 1570sqm

Insert Existing Land Use: Hotel

Approval is sought to extend the term of approval for the four storey Hotel addition (Stage 2 of the Hougoumont Hotel Development) at 7 – 15 Bannister Street, Fremantle. On 20 April 2016 the South West Joint Development Assessment Panel granted planning approval for a four (4) storey with loft addition to the existing Hotel. The approved addition consists of the following:

48 Hotel rooms,

34 car bays,

A 175m2 Restaurant/,

A 95m2 Bar,

A 100m2 Conference room with roof top terrace. It is proposed to extend the current term of approval, which is due to expire on 20 April 2020 for a further two years. The applicant has advised the City that the extension is requested for the following reasons:

There has been a change from under supply to excessive over supply of hotel rooms in Perth over the last few years. The applicant intends to proceed with the scheme as soon as the rebalancing of the market is evident.

The applicant is involved in other developments in Fremantle which are due to open in late 2020, once these are operational and stabilised they plan to commence Stage 2 of the Hougoumont development

The Hougoumont site currently has an interim temporary approval for food and beverage facility operating from temporary shipping containers, this business will be commenced over the next few months but will require a minimum of 2 years operation to achieve a return on the investment.

See ‘Attachment 1’ below for copy of the original determination including a set of the approved plans relating to this development site and the proposal. Background: The City of Fremantle records show that the subject site previously known as the ‘Fremantle Club’ was redeveloped to a Hotel known as the ‘Hougoumont Hotel’ in 2012.


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A summary of the relevant planning history is as follows: Stage 1 (east wing)

On 7 February 2012 – DA0465/11 – Council granted conditional approval for the Partial Demolition of existing Club Premises, Change of Use to Hotel and Restoration, Alterations and Construction of Four Storey Addition to existing Heritage Building

On 14 May 2012 – DA0193/12 – Conditional approval was granted under delegated authority for the re-roofing of the existing heritage listed two storey portion of building on site

On 13 August 2012 – DA0354/12 – Conditional approval was granted under delegated authority for alterations and additions to the existing hotel approved as part of DA0465/11

On 13 March 2013 – DA0047/13 – Conditional approval was granted under delegated authority for internal alterations and signage additions to existing Hotel

Stage 2 (centre and west wing)

On 20 October 2015 - DAP012/15 (DAP ref DAP/15/00916) the City received a JDAP application for a four storey with loft addition to existing Hotel. The City’s RAR recommended refusal.

On 18 January 2016 – DAP/15/00916 – JDAP deferred determination for a four storey with loft addition to existing Hotel.

On 1 February 2016 – DAP/15/00916 – the applicant lodged SAT appeal for deemed refusal.

On 20 April 2016 – DAP/15/00916 – JDAP reconsidered its decision under Section 31 of the State Administrative Tribunal Act 2004, and granted approval for a four storey with loft addition to existing Hotel.

On 7 November 2018 – DA0364/18 – Conditional approval was granted under delegated authority for a temporary approval (five years) for two storey additions and signage to existing Hotel.

The extension of term request related to DAP012/15 (DAP ref DAP/15/00916). The existing term of approval is due to expire on 20 April 2020, as such an extension to the term of approval for a period of 2 years is sought under clause 77 (2) b of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations). Legislation and Policy: Legislation

Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations)

City of Fremantle LPS4 State Government Policies

State Planning Policy 7.0 - Design of the Built Environment (SPP7)


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Local Policies

Local Planning Policy 1.1 - Amendment and Extension to the term of planning Approval

Consultation: Public Consultation The application was not required to be advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 and Local Planning Policy 1.3 - Notification of Planning Proposals (LPP1.3). Consultation with other Agencies or Consultants Department of Planning, Lands and Heritage (Heritage) (DPLH) The original application was referred to the State Heritage Office (now DPLH) as the site was located within the West End Conservation Area (local listing at the time) and adjacent to a number of State Registered properties. The SHO advised that they had no comments in regard to the proposed development. Since the 2016 approval, the West End Conservation Area has been included in the State Register of Heritage Place. As such, the application was referred to the DPLH for comment. On 13 February 2020, and DPLH stated ‘as the application is for an extension of time and no changes are made to the original application, our advice will stay the same. We decline to provide a comment’. Fremantle Port (FP) The site is located within Port Buffer Area 2 of Councils LPP2.3 – Fremantle Port Buffer policy. FP provided conditions relating to the built form requirements of the Policy and the registration of a notification on the title of the subject lot which were incorporated into the City’s recommendation. As there has been no changes to the FP buffer areas or LPP2.3 since the original proposal was determined it was not considered necessary to refer the extension of time request to the FA for further comment. Planning Assessment: Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) Clause 77 of the Planning and Development (Local Planning Schemes) Regulations 2015 allows the local government to amend a development approval -

(1) An owner of land in respect of which development approval has been granted by the local government may make an application to the local government requesting the local government to do any or all of the following – (a) to amend the approval so as to extend the period within which any

development approved must be substantially commenced


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Furthermore, (2) An application made under subclause (1) –

(a) Is to be made in accordance with the requirements in Part 8 and dealt with under this Part as if it were an application for development approval; and

(b) May be made during or after the period within which the development approved must be substantially commenced.

The request to extend the term of approval has been made in accordance with the regulations. Local Planning Policy 1.1 - Amendment to and Extension to the Term of Planning Approvals (LPP1.1) Clause 3.1 – 3.3 inclusive of Council’s LPP1.1 states:

3.1 Where an extension is granted, a period of up to a further two years will be granted.

3.2 In considering a request for an extension to the term of a planning approval under clause 10.5.2 of the Scheme, Council may have regard to the following factors; (a) whether the scheme or a relevant planning policy has changed in a

material way since the planning approval was granted; (b) whether in granting the planning approval, a discretion was exercised in

relation to the Scheme or policy requirements; and (c) whether a material change has occurred to either the site to which the

planning approval relates or the surrounding locality since the planning approval was granted.

3.3 Where a request to extend the term of a planning approval is approved, a letter will be issued advising the applicant of this. No new approval will be issued and all other conditions of the approval will remain unchanged.

Officer Comments Since the approval of the original proposal there have been no scheme or relevant planning policy changes which would significantly impact on the assessment of this application and the proposal is considered to remain, in substance, the same. With regards to LPP1.1 cl3.2 (a) and (b), since the 2016 approval, State Planning Policy 7: Design of the Built Environment (SPP7) has been adopted. Consideration of the extension of the term of the approval should not be based on a complete re-assessment of an application, but whether the development still meets the intent of the planning framework. In this regard, the original application was referred to the City’s Design Advisory Committee in accordance with LPS4. In accordance with LPS4, the Committee are to provide comment on the proposed development against the CABE Principles of good design, which are similar to the design principles specified in SPP7. The City’s DAC supported the proposed development subject to final details of the materials and finishes being submitted for final approval, which was included as a condition of the original approval. Ultimately SPP7.0 policy adoption is not considered to impact significantly on the assessment of this application and the proposal is considered to remain, in substance, the same.


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The subject site and surrounding area has undergone some changes in terms of new built form and/ or redevelopment of nearby sites but no significant changes to the overall character of the West End has occurred since the 2016 approval. The Fremantle West End was formally included in the State Register of Heritage Places in July 2017 but this has not changed the way in which the proposal is assessed, and DPLH (Heritage) had no further comments to make on the application. In granting original approval, discretion was granted in relation to building height, Hotel land use and onsite car parking. All of these matters were supported by JDAP when in the original determination and considering no statutory provisions have altered, these matters could again be considered acceptable for similar reason. Conclusion: Overall, the proposed extension of time for this development is considered to be consistent with the provisions contained within City of Fremantle’s Local Planning Policy 1.1 - Amendment to and Extension to the Term of Planning Approvals. As such the request is supported.


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PC2003 - 9 INFORMATION REPORT – MARCH 2020

1. SCHEDULE OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY

Responsible Officer: Manager Development Approvals Agenda attachments: 1: Schedule of applications determined under delegated

authority Under delegation, development approvals officers determined, in some cases subject to conditions, each of the applications relating to the place and proposals as listed in the attachments. 2. UPDATE ON METRO SOUTH-WEST JDAP DETERMINATIONS AND

RELEVANT STATE ADMINISTRATIVE TRIBUNAL APPLICATIONS FOR REVIEW

Responsible Officer: Manager Development Approvals Agenda attachments: Nil Applications that have been determined by the Metro South-West JDAP and/or are JDAP/Planning Committee determinations that are subject to an application for review at the State Administrative Tribunal are included below.

1. Application Reference

DA0560/17

Site Address and Proposal

137 South Terrace, Fremantle – Proposed two storey Grouped dwelling and conversion of existing Ancillary dwelling to Outbuilding

Planning Committee Consideration/Decision

Council refused the application at its meeting held 7 November 2018.

Current Status

Currently subject of an Application for Review by the State Administrative Tribunal.

A mediation session was held in February 2019.

In accordance with a SAT direction issued on 13 February 2019, the applicant submitted revised plans for Council’s reconsideration.

A Section 31 Reconsideration was considered by the Planning Committee on 1 May 2019 and OCM on 22 May 2019, where it was resolved to refuse the amended plans.

A Directions Hearing was held at the end of May where the SAT scheduled the Matter for a full hearing.

A hearing commenced on 9 September 2019, however the hearing has been adjourned until further notice to allow the applicant to address the issue of right of access/carriageway.

The hearing was held on 23 January 2020 and 7 February 2020.

At the time of this update, no determination has been issued.


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Council receive the following information reports for March 2020:

1. Schedule of applications determined under delegated authority 2. Update on Metro South-West JDAP determinations and relevant State

Administrative Tribunal applications for review


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10.3 Council decision

Nil

11. Motions of which previous notice has been given

A member may raise at a meeting such business of the City as they consider appropriate, in the form of a motion of which notice has been given to the CEO.

12. Urgent business

In cases of extreme urgency or other special circumstances, matters may, on a motion that is carried by the meeting, be raised without notice and decided by the meeting.

13. Late items

In cases where information is received after the finalisation of an agenda, matters may be raised and decided by the meeting. A written report will be provided for late items.

14. Confidential business

Members of the public may be asked to leave the meeting while confidential business is addressed.

15. Closure

Agenda - City of Fremantle · 2020. 2. 28. · Agenda - Planning Committee 4 March 2020 2Page 6....

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