DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 9 October 2018

ATTENDANCE Jason Heine, Chris Wenman, Chris McAtee, Leigh Medlen, Angela Satre PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

01/10/2018 A12126 23 (Strata Lot 26 of Lot 320) Formosa Street, Margaret River

Dwelling

P218610

02/10/2018 A12122 31 (Lot 22) Formosa Street, Margaret River

Holiday House

P218611

03/10/2018 A6985 4 (Lot 34) Ellen Place, Margaret River

Holiday House Large

P218613

03/10/2018 A4669 5 (Lot 87) Edward Place, Margaret River

Dwelling Additions (Carport)

P218614

03/10/2018 A12309 9 (Lot 79) Greenwood Avenue, Margaret River

2 x Grouped Dwellings

P218615

04/10/2018 A4367 27-33 (Lot 295) Tunbridge Street, Margaret River

Alterations to Existing Child Care Centre

P218617

05/10/2018 A7429 Lot 4 Oldfield Road, Treeton Dam P218619

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No. Address Proposal BLDG No.

01/10/2018 A3907 R20761 Allnut Terrace, Augusta 20ft Sea Container with attached Verandah

218449

02/10/2018 A8784 Lot 65 Wrigglesworth Road, Cowaramup

Conversion of Patio to Shed 218451

02/10/2018 A12535 Lot 48 Merrit Lane, Margaret River

Single Dwelling with attached Garage and Retaining Walls

218452

02/10/2018 A12333 Lot 102 Dahlberg Street, Augusta

Single Dwelling with attached Garage and Alfresco

218453

02/10/2018 A12333 Lot 102 Dahlberg Street, Augusta

Earthworks Only 218454

02/10/2018 A10095 Lot 536 Muscat Close, Cowaramup

Single Dwelling with attached Garage and Alfresco

218455

03/10/2018 A9861 Lot 363 Georgiana Cross, Cowaramup

Single Dwelling with attached Carport

218456

04/10/2018 A8984 Lot 255 Callistemon Drive, Margaret River

Single Dwelling with attached Garage and Retaining Walls

218457

04/10/2018 A9157 Lot 2245 Jindong-Treeton Road, Treeton

Hayshed 218458

04/10/2018 A5701 Lot 167 Marmaduke Point Drive, Gnarabup

Renovations and Additions 218459

04/10/2018 A8570 Lot 11 Patmore Road, Warner Glen

Farm Shed 218461

04/10/2018 A2648 Lot 1 Woma Lane, Margaret River

Garage, Ensuite, Store and Alfresco

218462

05/10/2018 A12217 A4203 Lot 291 Vlam Road, Karridale Farm Shed 218463

SUBDIVISIONS DETERMINED

Date Rec’d

Officer DA No. Address Description of Matter Recommendation

Nil LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

24/07/2018 Clare Hamilton

21 (Lot 36) Riedle Drive, Gnarabup

Bed and Breakfast

Approved P218443

17/08/2018 Leigh Medlen

92 (Lot 4) Holben Road, Cowaramup

Freestanding Signs x 2 Ancillary to Rural Produce Sales

Approved P218501

24/08/2018 Lisa Bell 27-33 (Lot 295) Tunbridge Street, Margaret River

Community Purpose (Addition of Solar Panels)

Approved P218519

17/09/2018 Leigh Medlen

4558 (Lot 61) Caves Road, Gracetown

Dwelling Additions

Approved P218584

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

17/8/18 LM No. 9 (Lot 5) Dobbins Place, Witchcliffe

Holiday House Conditional Approval

P218498

8/3/18 AS 51 (Lot 22) Baudin Drive Gnarabup

Use Not Listed (Retaining & Privacy Screen)

Conditional Approval

P218132

LOCAL LAW PERMITS

Date Rec’d Officer Address Proposal Outcome DA No.

Nil OTHER APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

Nil ELECTED MEMBERS ATTENTION

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

Nil

CLOSURE OF MEETING

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

Proposed Holiday House at No. 9 (Lot 5) Dobbins Place, Witchcliffe

Major (Level 2) P218498; PTY/11839

REPORTING OFFICER : Leigh Medlen DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 3336m2

Zone Future Development

Existing Development √ Single House

☐ Grouped Dwelling

Nature of application √ New application

☐ Renewal

Proposed use Planning Approval is sought for a Holiday House use in an existing 2 bedroom dwelling proposed to accommodate up to four guests.

Permissible Use Class ‘A’ – Discretionary use may be only permitted subject to advertising.

Advertising Required √ Yes ☐ No

Advertising is compulsory In the case of an “A” use.

Reason not exempted from planning approval?

Discretionary uses are not permitted unless the Shire exercises its discretion by granting development approval.

Heritage/Aboriginal Sites N/A

Encumbrance N/A

Date Received 17/08/2018

Date of Report 5/10/18

Has the application been advertised to adjoining landowners?

√ Yes ☐ No

Have there been any objections? √ Yes ☐ No

Two submissions raising concerns were received from landowners of Two properties in the locality.

Have there been any substantial changes to the LPS1 or Policy?

√ Yes ☐ No ☐ N/A

The application was lodged prior to the adoption of the LPP7 - Short Stay Accommodation (12 September 2018). The application is therefore assessed under the former LPP7 - Holiday Houses.

Comments Received

Nature of Comments Officer Comment

We note the application is for up to 4 guests overseen by a local agent. Even though we run a Bed and Breakfast ourselves, we do not actively support vacant Holiday Homes in the area. This aligns with the Shire’s recent recommended changes to the Short Stay Policy. Only allow 2 guests at any one time. To ensure that quiet rural amenity of the neighbourhood is maintained. Having 4 guests with no onsite manager has potential for guests to disturb neighbours, especially due to outdoor area on the northern side of the house.

The proposal is a discretionary use in the zone under the Scheme and in accordance with the locational criteria LPP7 Holiday Houses. The Holiday House also proposes no more than four guests consistent with the capacity of many Bed and Breakfasts. Four guests is not considered excessive and is of a scale consistent with the size of the dwelling. With suitable management, the use is considered unlikely to generate noise impacts or disturbance to the amenity of the area. The proposal includes a Holiday House manager located within a one hour drive of the site. The manager is on call 24 hours a day 7 days per week. House Rules have been provided which specify that the Holiday House is not to be used for functions and no leaver’s bookings. Noise curfews from 10pm are also specified. The main outdoor area has a 40m separation distance to the eastern neighbouring dwelling and will potentially have a 20-30m separation distance to the western dwelling once constructed. The applicant has also installed a vegetation buffer along the eastern boundary of the lot. Given the combined effect of the separation distances, management of the Holiday House and the vegetation screening the potential impacts of the use are considered to have been suitably mitigated in the

Guests should not be permitted to bring pets. This would make neighbours dogs bark more.

Guests should not be permitted to walk along the back fire boundary into neighbouring properties. This happens more frequently as visitors in the neighbourhood do not understand the back firebreak is private property not a public access way.

People walking over the rear firebreak will affect neighbour’s privacy.

proposal such that the use is considered unlikely to result in adverse impacts to the surrounding locality. The applicant has provided the House Rules for the property which do not allow Guests to bring pets. The House Rules state that guests are not permitted to use the fire break as a walking trail as it is private property. The landowner will also install a sign on the gate at the rear of the property notifying guests that access is not permitted. See comments above. The applicant proposes measures to ensure guests do not use the firebreak as a walking trail, in turn addressing concerns about privacy impacts.

Environmental Health Department

- The installed effluent system is adequately sized for the proposed use. - The applicant states that the water will be filtered and disinfected by UV.

Policy Requirements

Policy Element Provision Comment

Location Does not adjoin, fronts or is within an area of “significant tourist attraction” but exceeds 1000m² in area.

√ Yes ☐ No

Occupancy Do the proposed number of four (4) guests comply with the acceptable development criteria?

√ Yes ☐ No

Amenity Have there been any complaints since previous approval?

☐ Yes ☐ No √ N/A

Complies with the objectives and provisions of the zone?

√ Yes ☐ No

Design Is the dwelling of sufficient size to cater for intended number of guests?

√ Yes ☐ No

Is the dwelling sufficiently serviced to cater for intended number of guests?

√ Yes ☐ No

The site has an adequately sized septic system.

Sufficient potable water supply?

√ Yes ☐ No

170,000L water tank provided.

Sealed Crossover ☐ Yes √ No

Management Emergency Response Plan and Fire Management Plan submitted? The site has a Bushfire Management Plan (BMP) prepared by an accredited consultant in accordance with Statement of Planning Policy 3.7 – Planning in Bushfire Prone Areas (SPP3.7) which includes:

A BAL rating for the site of BAL19 has been submitted which demonstrates the property has a ‘moderate’ risk from bushfire.

The BMP has been assessed against the ‘Acceptable Solutions’ detailed in Appendix Four of the Guidelines for Planning in Bushfire Prone Areas; and

An emergency evacuation plan prepared in accordance with Section 5.5.2 of the Guidelines for Planning in Bushfire Prone Areas.

The BMP was prepared in March 2011 as part of the subdivision for the area. The BMP dealt with the four elements of SPP3.7.

√ Yes ☐ No

Management Plan submitted? √ Yes ☐ No

No amplified music between 10pm & 10am Require as a condition

Display the manager’s 24hr contact details Require as a condition

Period of Approval √ 12 months ☐ 3 years

Conclusion While the proposal generated submissions during the public advertising period, the concerns raised have been adequately addressed such that conditional approval of the application for 12 months is recommended.

OFFICER RECOMMENDATION That the Acting Statutory Planning Coordinator 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 Holiday House at No. 9 (Lot 5) Dobbins Place, Witchcliffe subject to compliance with the following conditions: CONDITIONS

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 to P2 received by the Shire on 17 August 2018

2. The Holiday House use is limited to a period of 12 months from the date of this approval. (Refer to advice

note a)

3. A Manager or a contactable employee of the Manager that permanently resides no greater than a 1 hour drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note b)

4. The 24-hour contact details of the Manager and owner of the Holiday House shall be visible on the property

from the nearest street frontage and maintained to the satisfaction of the Shire.

5. All vehicles & boats connected with the premises shall be parked within the boundaries of the property.

6. The short stay use of the dwelling shall not be occupied by more than four (4) people at any one time.

7. The approved Emergency Evacuation Plan and Bushfire Management Plan shall be displayed in a conspicuous location within the development at all times.

8. Amplified music may only be played outside of the Holiday House between the hours of 10am and 10pm.

9. ‘House Rules’ shall be developed prior to the commencement of use. Thereafter the ‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer advice note f)

ADVICE NOTES

a) A new planning application seeking approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee.

b) If at any time there is not an appointed manager or a contactable employee of the manager for the site, the

use must cease until such time as a manager is appointed. c) A sign limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from ground level

may be erected at the property frontage and within the property. d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. e) You are advised of the need to comply with the requirements of the following other legislation:

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

(ii) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the Building Code of Australia) must not make the dwelling available for hire unless hard wired, battery backup smoke alarms are installed, complying with the Building Code of Australia and AS3786.

f) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses

(please refer to the attached document).

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

Proposed Use Not Listed (Proposed Retaining and Privacy Screening) at 51 (Lot 22) Baudin Drive, Gnarabup

Major (Level 2) P218132; PTY/5445

REPORTING OFFICER : AS DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 2012.731m2

Zone Residential (R5) (SCA3)

Proposed Development Retaining walls x 2 as follows:

Northern retaining wall up to 1.85m in height from natural ground level, 13.3m long at nil setback along the northern boundary and setback 4m from the western/rear boundary; and

Western retaining wall up to 1.85m high, 29m long and setback 4m from the rear boundary (refer to figure 2 below).

Privacy Screening as follows:

The retained area is proposed to be filled and grassed and screened with fixed screening up to 1.6m in height along the top of the retaining walls to address overlooking to neighbouring properties.

The development is proposed to address erosion, contain stormwater and address trespass. The site is proposed to be landscaped and used in association with the permanent residential use on adjoining Lot 23 Baudin Drive to the south.

Permissible Use Class n/a – The lot is as yet undeveloped and the proposal is not technically ancillary to any residential development on the site and is therefore classified as a ‘use not listed’.

Heritage/Aboriginal Sites No

Encumbrance Covenant – not impacted

Date Received 8/03/2018

Location Plan

Policy Requirements

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

The site is subject to Local Planning Policy 4 – Boundary Fencing (LPP4) which provides a 2.3m side and rear boundary fence height guideline. In this case, the proposal for screening atop the retaining wall on the northern boundary may also be considered a side boundary fence. In this case the screening / fence is proposed up to 3.45m high from natural ground level (including the height of the retaining). The northern wall and screen therefore involve a variation to the height guideline under LPP4. The variation has been assessed against the performance criteria under LPP4 and is acceptable in relation to provision of adequate privacy, not having an adverse impact to the character of the area and not having an adverse impact to road safety and traffic. The proposed northern side boundary screen / fence is considered acceptable under LPP4 in spite of the variation.

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 Gnarabup Structure Plan

Officer Comment No implications arising from this plan.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A

Has a submission been received by Council? Five submissions were received from land owners of three lots in the locality.

√ Yes ☐ No ☐ N/A No. received: ____5_________

Have agency or authority comments been received? ☐ Yes ☐ No ☐ N/A

Concerns Raised Officer Comment

Lack of detail about the proposal. The proponent provided additional details of subsoil drainage and soak wells proposed in a stormwater management plan. Sufficient detail has been provided for assessment of the application pursuant to the Scheme, local policy and the Rcodes. The proponent advises that the development is proposed “…to address trespass which has occurred since the fire as well as erosion by the neighbours accessing by vehicles and the possible liabilities by these actions…”.

Does the outdoor area mean it would have a solid surface area or deck?

No deck or solid surfaces (other than those mentioned) are proposed. Prior development approval of the Shire is required to construct a deck on the site.

Concern the proposal could result in ‘attracting large numbers of people’ or be used for parties and events.

The land owner may use Lot 22 in conjunction with their personal use however this is unchanged from the current situation. The subject site is not permitted to be used in association with any short stay use on the adjoining Lot 23 given the development approval for this use does not apply to Lot 22. The proponent also advises “The Crows Nest is strictly a holiday accommodation and not a function area including the vacant land”.

Is there more detail about proposed stormwater capture and drainage.

The proponent provided additional details of subsoil drainage and soak wells. Sufficient detail has been provided regarding stormwater capture and drainage. Retaining wall is defined in the Shire’s LPP4 as “…any structure which prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another…”. The proposal would be effective in addressing the movement of soil as evidenced in the aerial photos of the site. Any further details will be provided as required at the time of application for a building permit.

The height of the wall on the northern boundary does not comply and if it was within the guidelines would be shorter thus having less impact and privacy issues. The

The proposed height of 3.45m, when assessed as a wall height for a non-habitable structure, meets the setback requirements under the Rcodes at a distance of 4m from the rear boundary. In relation to the northern boundary setback, this has been assessed (see comments below) and has also been found to meet the relevant design principles and provisions of the Scheme.

Proposed Retaining

overall height of 3.45m is far too great.

Lack of detail about the privacy screen.

The proponent advises that “Privacy Screen to be: Cyclone tensioned fencing, wired mesh with steel posts with brushwood screening attached to 1.6 m ht…”.

Lack of detail about the proposed garden area. A landscaping plan is needed.

Any further development of hard structures (retaining, decks etc) requires prior planning approval of the Shire and would be assessed in the processing of each application. Any proposal for vegetation in the retained area would be screened from view. Notwithstanding, any proposal for plantings on the site does not require planning approval and would be considered to address impacts arising from dust and stormwater management on site. Therefore, further details of the garden area have not been requested.

Concern about noise – the area would be built up and there are no other structures proposed to absorb any sound and the noise will travel.

Potential noise impacts are no greater than the usual residential use of the area.

Concern about antisocial behaviour particularly given the short stay use on Lot 23.

The short stay use on adjoining Lot 23 is not permitted to conducted on Lot 22 given this is a separate site.

Concern about privacy. Privacy has been addressed in the proposal, in accordance with the Rcodes, with the provision of screening to restrict views into adjoining properties.

Concern that the site will be used independently to adjoining Lot 23 and not in association with it.

See comments above.

Has the application been referred to internal departments?

☐ Yes √ No ☐ N/A

Assessment of Application

Development History Planning approval (P21266) was granted on 3/12/01 for a Dwelling & Ancillary Dwelling. The approval was valid for five years.

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

Rcodes

Are R Codes applicable? √ Yes ☐ No

Design Element LPS1/Rcodes Provided Officer comment

Sides Setback 5m Nil Variation LPS1 clause 4.21.2

Western / Rear Setback * 4m Complies Rcodes table 1 (setback is based on height of wall for retaining)

Retaining Wall Setback 0.5m Nil Variation clause 5.3.8

Upgrade Landscaping ☐ Required √ Not Required

Overlooking ☐ Yes √ No

Overshadowing ☐ Yes √ No

Officer’s Comments against Design Principles

Rcodes Clause 5.3.8 Retaining Walls

The Rcodes acceptable development standard provides for retaining up to 500mm in height at nil setback to a boundary. The retaining walls proposed meet the relevant design principles under the Rcodes, they respond to the natural slope of the site and will not be visible from the front street. The northern retaining wall did not generate objections from the affected neighbour during the notification period. The proposed western retaining wall, with screening atop, is up to 3.45m high and is required to be setback 1.5m from the rear boundary. The wall and screening is proposed to be setback 4m from the rear boundary and therefore complies with the Rcodes setback standards (table 2a). Scheme Clause 4.21.2 Side Boundary Setback

Pursuant to Scheme clause 4.21, a 5m side boundary setback applies to land with an R5 density code. The proposal for retaining and screening along the northern boundary involves a variation to this setback standard. In assessing the proposal, it is noted that a variation to the standard exists with development on the adjoining northern property, which is setback as close as 1.5m from the common boundary. It is also noted that no comments or objections regarding the proposal were received from the adjoining northern owner. The setback variation to the north will not have an adverse impact to the amenity, sunlight, ventilation and privacy enjoyed from the adjoining northern property. The variation meets the relevant design principles under the Rcodes and is considered acceptable.

Development Standards (Schedule 9)

Are the development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement Car Bays Required – n/a Car Bays Proposed –n/a

Building Height

Scheme / Policy Requirement Wall - 7 m Roof - 8m

State the proposed building height Wall – 3.45m Roof – n/a

√ 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

The proponent does not intend to develop the site with a dwelling at this time, however he seeks to address the matter of erosion, stormwater containment and trespass. Given the proposal is assessed independently to a dwelling on the site, it is classified as a ‘Use Not Listed’. Pursuant to Scheme clause 4.4, the proposal has been found to be acceptable when assessed against the objectives of the zone in relation to conserving and enhancing the amenity and sense of the place of the residential area. Accordingly the proposal may be permitted as a ‘Use Not Listed’ in spite of it not being ancillary to a dwelling.

B. In the opinion of the officer:

i. Are utility services available and adequate for the development? n/a

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

Yes – the site is already significantly cleared.

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

n/a

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

No

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

n/a

Other Comments

Any further comments in relation to the application?

Officer Comment

The proposal is classified as a ‘Use Not Listed’ given it is a land use in its own right, is not specifically defined in the Scheme and is not ancillary to a dwelling on the site. Special regard to the proposal has been made in relation to its consistency with the objectives of the zone and the development has been found to be acceptable. The application was accepted as somewhat unusual in nature given there is no dwelling proposed. The merits of the proposal however in relation to retaining soil and dust control are evident (refer to aerial photographs above). The proposal was advertised and generated concerns largely in relation to the potential future use of the site. In this case it is noted that the site is not authorised to be used in association with the short stay use on the adjoining Lot 22. The use of the site by the landowner is no different to the existing use of the property. While concerns were raised regarding the proposal, the merits of the development are acknowledged and the application has been found to be acceptable when assessed against the provisions of the Scheme, the Rcodes and Shire policy. Conditional approval is recommended.

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 Use Not Listed (Proposed Retaining and Privacy Screening for Outdoor Living Area) at 51 (Lot 22) Baudin Drive, Gnarabup 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 – P2 received at the Shire offices on 8 March 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.

3. All stormwater and drainage run-off from the development shall be detained within the lot boundaries,

managed to pre-development flow regimes and/or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River Standards & Specifications.

4. The wall on the boundary shall be finished to the satisfaction of the adjoining landowner, or in the case of a

dispute to the satisfaction of the Shire. 5. Privacy screening shall meet the acceptable development standards under the Residential Design Codes

at clause 5.4.1. Details shall be submitted with the building permit. 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.