DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 19 June 2018

ATTENDANCE Chris McAtee, Chris Wenman, Clare Hamilton, Angela Satre PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No. Address Proposal DA No.

11/06/2018 A2307 203 Blackwood Avenue Augusta

Short Term Accommodation Renewal

P218340

11/06/2018 A12465 4 (Lot 369) Mahoney Street Margaret River

Dwelling Addition (Retaining)

P218341

11/06/2018 A5066 54 (Lot 101) Mansfield Avenue Margaret River

Building Envelope Variation

P218342

11/06/2018 A10658 Lot 302 Lemon Gum Retreat Margaret River

Fencing Ancillary to Dwelling

P218343

11/06/2018 A514 Lot 45 Pinot Way Margaret River - Contos 1a

Park Home

P218344

11/06/2018 A12214 427 (Lot 12) Brockman Road Cowaramup

Dwelling Additions (Outbuilding)

P218345

12/06/2018 A11547 Lot 102 Burnside Road Burnside

Plantation

P218346

12/06/2018 A12225 40 (Lot 1) Tunbridge St Margaret River

Holiday House

P218348

12/06/2018 A5491 12 (Lot 2) Saint Alouarn Place Margaret River

Holiday House Renewal

P218349

13/06/2018 A545 10 (Lot 155) Clements Crescent Molloy Island

Illegal Jetty

P218350

13/06/2018 Lot 101 Walkington Avenue Margaret River

Built Strata P218351

13/06/2018 A11038üA10718 2 (Lot 22) Wooredah Crescent Prevelly

Bed & Breakfast Renewal P218352

13/06/2018 A12166 29 (Lot 12) Stewart Street Margaret River

Dwelling P218353

14/06/2018 A10238 Unit 18 / 37 Village Green Margaret River

Grouped Dwelling P218354

14/06/2018 A3658 Margaret River Education Campus, 158 Bussell Hwy, Margaret River

Trading in Public Places (Private Property) - Margaret River Farmer"s Market - 2018-2019

P218356

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

11/06/2018 A6741 Lot 295 Fantail Place Margaret River Shed and 2 x Patios 218270

11/06/2018 A10219 Lot 151 Meleri Close Margaret River Water Tank 218272

11/06/2018 A76 Lot 43 Blackwood Ave Margaret River

Reroof - tiles replaced with colorbond

218273

11/06/2018 A12566 Lot 98 Nebbiolo Place Margaret River

Water Tank - 23,000l 218276

13/06/2018 A12068 Lot 71 McDowell Road Witchcliffe Water Tank 218277

13/06/2018 A12276 Lot 46 Cassia Way Margaret River Single Dwelling with attached Garage and Retaining

218278

13/06/2018 A11664 Unit 1 and 2 - Lot 101 Walkington Ave Margaret River

Built Strata - 2 x Single Grouped Dwelling

218279

14/06/2018 A12549 Lot 62 Cercis Way Margaret River Single Dwelling with attached Garage

218280

15/06/2018 A12068 Lot 71 McDowell Road Witchcliffe Storage Shed 218281

15/06/2018 A12192 Lot 17 Copse Way Cowaramup Single Dwelling with attached Garage

218283

SUBDIVISIONS DETERMINED

Date Rec’d

Officer DA No. Address Description of Matter Recommendation

05/07/2017 Matt Cuthbert

P217405 69 (Lot 9000) Brockman Road Cowaramup

Subdivision

Approved

LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

20/03/2018 Lucy Gouws

Unit 2 35 (Lot 15) Stewart Street, Margaret River

Grouped Dwelling

Approved P218160

28/03/2018 Clare Hamilton

4 (Lot 83) Georgette Way Prevelly

Bed and Breakfast (Renewal)

Approved P218183

04/04/2018 Clare Hamilton

13074 (Lot 102) Bussell Highway, Kurdardup

Farm Building Ancillary to Agriculture Extensive

Approved P218195

04/04/2018 Clare Hamilton

25 (Lot 442) Pimelia Drive, Margaret River

Dwelling Additions (Garage)

Approved P218196

11/04/2018 Clare Hamilton

36 (Lot 241) Merino Way, Margaret River

Amendment to Planning Approval P216465 (Outbuilding Setback Variation)

Approved P218208

16/05/2018 Leigh Medlen

51 (Lot 19) Dallip Spring, Road Burnside

Holiday House (Renewal)

Approved P218276

17/05/2018 Eileen De San Miguel

37 (Lot 66) Mann Street, Margaret River

Holiday House (Large) Renewal

Approved P218279

21/05/2018 Eileen De San Miguel

11 (Lot 57) Narda Avenue, Prevelly

Holiday House (Renewal)

Approved P218288

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

8/02/2018 Clare Hamilton

18 (Lot 23) Seahawk Rest, Cowaramup

Building Envelope Variation & Dwelling Additions (Outbuilding)

Conditional Approval

P218064

LOCAL LAW PERMITS

Date Rec’d Officer Address Proposal Outcome DA No.

OTHER APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

COMPLIANCE

Date Rec’d

Officer Address Proposal Outcome DA No.

ELECTED MEMBERS ATTENTION

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

CLOSURE OF MEETING

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

Proposed Building Envelope Variation (to accommodate Ancillary Dwelling,

Outbuilding and Water Tank) & Dwelling Additions (Outbuilding) at 18 (Lot

23) Seahawk Rest Cowaramup

Major (Level 2) P218064; PTY/7411 REPORTING OFFICER : Clare Hamilton DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 10,975.29 sqm

Zone Rural Residential (RR5)

Proposed Development Building envelope variation:

1,909.63 m2 proposed (currently 1,230m2) Outbuilding (shed):

69m2 floor area

4.4m wall height

4.6m ridge height Second driveway Water tank 60,000ltrs (exempt) Ancillary dwelling (exempt) The building envelope variation corrects a historical anomaly where the current dwelling and a portion of the existing water tank sit slightly outside the building envelope.

Permissible Use Class Ancillary Dwelling is a ‘D’ discretionary use A shed and water tank are each a ‘P’ permitted use ancillary to the existing dwelling

Heritage/Aboriginal Sites Nil

Encumbrance Nil

Date Received 08/02/2018

Policy Requirements

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

If yes, state the Policy/Policies Local Planning Policy 1 – Outbuildings, Farm Buildings and Swimming Pools (LPP1)

Officer Comment

The proposed shed presents variations to the acceptable development standards under LPP1 as follows:

The total area of sheds on the site would exceed the 80m2 floor area guideline (total area of outbuildings would be 92m2);

4.4m wall height proposed exceeding the 3.5m wall height guideline; &

4.6m ridge height proposed exceeding the 4.5m ridge height guideline. The proposed variations are assessed against the performance criteria of LPP1 and are considered acceptable for the following reasons:

The shed would be adequately screened from view by existing vegetation in the front setback area.

The shed is of an appropriate form and scale consistent with existing development in the locality.

The shed would be constructed of colours and material that complement the landscape and/or the amenity of the surrounding area and would meet the visual management guidelines of the Local Planning Strategy.

The shed will not have an adverse impact to or detract from the streetscape or amenity of neighbouring properties and no objections have been received regarding the shed.

The shed would be grouped with the residence to limit potential visual impacts.

Structure Plans and Local Development Plans (DAP)

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

If yes, state the Policy/Policies Scheme Amendment A11-94 and TPS11-19 (the Amendment)

Officer Comment

The proposed envelope would vary the existing envelope under the Amendment. The proposed variation does not impact the strategic firebreaks or landscape protection buffer under the Amendment.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?

√ Yes ☐ No ☐ N/A

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

No. received: 1 Indifferent

Have agency or authority comments been received?

☐ Yes ☐ No √ N/A

Indifferent Submission Officer Comment

Accept the amended building envelope & buildings that are proposed. Comment with regard to the close proximity of the proposed second driveway to the entrance of their property and impact on traffic flow. Query if this is permitted by the Shire.

The proposed location of the second driveway and crossover is 3.8m from the side (west) boundary abutting an adjoining property. Although this is in close proximity, this arrangement is common in regards to driveway positioning on cul-de-sacs. The driveway has been positioned in order to have minimal impact on vegetation on site including jarrah trees, and to avoid existing leach drains located to the east on the subject site. The proposed second access allows for safe exit for the proposed ancillary dwelling in addition to exit from the main house on the existing driveway in the event of bushfire. Given the cul de sac head design, a number of existing driveways enter Seahawk Rest in a similar configuration to the proposal. The Shire’s Infrastructure Section have assessed the proposed access and crossover and are satisfied with it in terms of vehicle safety. It is not considered that the position of the second driveway will adversely impact the amenity of adjoining properties. The proposed second access is considered acceptable.

Has the application been referred to internal departments?

√ Yes ☐ No ☐ N/A

Department Officer Comment

Infrastructure: The proposal for the second access is supported.

Noted

Health: No health conditions required. Noted.

Assessment of Application

Is the land referred in the Heritage Inventory? ☐ Yes √ No

Are there any Contributions applicable? ☐ Yes √ No

Are there any compliance issues in relation to existing development?

☐ Yes √ No

R Codes

Are R Codes applicable? √ Yes √ No

Local Planning Scheme No.1 (LPS1)

Are the Development Standards (Schedule 9) applicable?

√ Yes ☐ No

The building envelope variation involves a variation to the 30m front setback guideline. The existing envelope is setback 21m to the front boundary. The envelope is proposed to be modified reducing the front setback to 20m and at its closest 12m. The variation is not considered to have an adverse impact to the amenity of the area and is considered acceptable pursuant to LPS1 clause 5.5 for the following reasons:

The proposal involves a minor variation to an existing reduced front setback standard.

The decrease in the envelope front setback from 21m (existing) to 20m is to accommodate inclusion of the southern portion of an existing water tank developed slightly outside the building envelope. The proposed building envelope front set back line has been continued west to accommodate the proposed additional buildings and to retain a uniform envelope shape.

The closest front setback of 12m is for a marginal portion of the envelope where the Lot meets the cul-de-sac head.

The positioning of the building envelope predominantly to the front of the Lot is a result of a 50m wide landscape protection and tree planting buffer at the rear (north) of the Lot. The buffer prevents development toward the rear portion of the land.

The proposed development is located within the proposed envelope and setback from the front boundary a minimum of 18m.

The proposed ancillary dwelling, shed and water tank, are small-scale additions to the existing built form on the Lot and would be grouped with the existing dwelling.

The proposed development only requires removal of coastal scrub vegetation, two non-native trees and one small dieback affected Jarrah tree. The buildings have been positioned to allow minimal disturbance to vegetation on site and leach drains also within the existing envelope.

The proposal was referred to surrounding landowners and no objections were received to the proposed buildings or envelope.

The proposed building envelope is consistent with envelopes within the area.

Screening to the street is provided by existing vegetation on site.

Although there is limited screening on the western Lot boundary, the scale of the development is small and in-keeping with existing built structures on site and is not considered to be intrusive to adjoining properties.

The setback of the proposed envelope from the side (west) boundary is compliant with LPS1 development standard for the zone of 10m.

The location of the shed and water tank to the front of properties is not uncommon in this location, with similar development taking place on other Lots.

Setback Scheme Standard

Current Setback

Proposed

Front (south) 30m 21m 20m – 12m

Rear (north) 30m 50m 50m

Side (east) 10m 39m 39.5m

Side (west) 10m 28m 10m

Schedule 7 - Special Provisions RR5

The proposal meets the special conditions and requirements under Schedule 7. Potable water is supplied on site by an existing and proposed water tank and is adequate. The 50m wide buffer area for landscape planting and tree protection is not impacted by the proposed development as outlined above.

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - <3> Car Bays Proposed -<5>

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

Turning Bay/Circles and vehicle manoeuvring

√ Complies ☐ Doesn’t Comply

Building Height

Scheme Requirement Wall - 7m Roof - 8m

State the proposed building height

4.4m Wall height 4.6m Ridge height

√ Complies ☐ Doesn’t Comply

Clause 67

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

Officer Comment

Yes

B. In the opinion of the officer:

Are utility services available and adequate for the development?

Yes

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

Yes

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

N/A

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

No – the application was advertised to adjoin landowners. No concerns were raised with regard the proposed building envelope variation. Concern with regard the proximity of the second driveway was raised, however, the proposal is considered acceptable by the Shire’s Infrastructure services and not considered to impact the amenity of the area or adjoining properties. The Lot is located within Visual Management Zone ‘A’. The colours and materials proposed are non-reflective and similar to the existing buildings on site. There would be an in-evident visual alteration to the existing landscape. Should approval be granted a condition is recommended requiring materials to be non-reflective.

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

A Bushfire Attack Level (BAL) Assessment and Bushfire Management Plan (BMP) addressing the protection criteria, as set out under State Planning Policy 3.7 Planning in Bushfire Prone Areas, were submitted with the application. The BAL assessment identified a BAL-19 rating can be achieved for the proposed ancillary dwelling and shed subject to creation and maintenance of a minimum 20m Asset Protection Zone (APZ) contained within the site boundaries. Assessment against the bushfire protection criteria is provided in the BMP and the proposed development meets the Acceptable Solutions.

Other Comments

Any further comments in relation to the application?

Officer Comment

The proposed building envelope variation to accommodate an ancillary dwelling, shed and water tank is recommended for conditional approval.

OFFICER RECOMMENDATION That the Acting Manager of Planning and Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Building Envelope Variation (to accommodate Ancillary Dwelling, Outbuilding and Water Tank) & Dwelling Additions (Outbuilding) at 18 (Lot 23) Seahawk Rest subject to compliance with the following conditions:

CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below

and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 – P5 received at the Shire Office on 8 February 2018

2. If the development, the subject of this approval, is not substantially commenced within two (2)

years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. The revised building envelope hereby approved, wholly replaces that previously applicable to the

site. 4. Clearing of vegetation is prohibited outside the building envelope, unless in accordance with the

Bush Fires Act 1954 or required for the purpose of constructing an approved driveway, installing essential services or removing dead or dangerous trees.

5. The outbuilding(s) shall not be used for human habitation. 6. The outbuilding(s) shall be used solely for the purposes incidental and ancillary to the authorised

use of the land. 7. All stormwater and drainage run-off from the development shall be contained within the lot

boundaries or disposed by an approved connection to the Shire’s drainage system. (P) 8. The walls and roof of the building(s) shall be clad in a non-reflective material and painted in a

colour of natural or earth toning consistent with the existing landscape and existing development. To this end, reflective materials (including but not limited to ‘silver’ sheeting) or reflective colours as cladding/external painting (including but not limited to white, cream, off white or pale grey) are prohibited.

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

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

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

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