Proposed Additions to Single Dwelling - Study, Masonry Wall and … · 2017. 9. 1. · Ordinary...

Ordinary Meeting of Council 30 August 2017

3.4 PROPOSED ADDITIONS TO SINGLE DWELLING - STUDY, MASONRY WALL AND REMOVAL OF TREE - LOT 12 (NO.23) HELENA STREET, GUILDFORD (DA395-17)

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

Disclosure of Interest:

Authorised Officer: (Executive Manager Planning and Development)

Cr Parasiliti declared an impartiality interest in Item 3.4 - Proposed Additions to Single Dwelling - Study, Masonry Wall and Removal of Tree - Lot 12 (No.23) Helena Street, Guildford (DA395-17) by virtue of an association with the owners.

Cr Parasiliti left the Chamber at 6.28pm.

KEY ISSUES

• The application seeks planning approval for additions to a Single Dwelling at Lot 12 (No.23) Helena Street, Guildford, comprising an extension to an existing pool house, a new masonry wall on the boundary, and removal of a tree.

• The subject lot is zoned ‘Residential’ under the City’s Local Planning Scheme No.17 (LPS17), with a density coding of R5. A ‘Single House’ is a ‘P’ use within this zone.

• The issue for consideration is the height of the proposed masonry wall on the side boundary. The original proposal, advertised to the adjoining landowners at No.21 Helena Street, proposed a 2.82m high wall, which in combination with existing walls of the same height, would have created a continuous boundary wall 40m long. Adjoining neighbours objected to the wall height, due to its visual impact, and impact on their access to light and ventilation. They advised in writing they would be satisfied with a 2.1m high wall.

• The applicants have now amended their proposal to a 2.25m high wall.

• The proposal has been assessed against the Guildford Conservation Precinct Local Planning Policy (Pol-C-106, or “Guildford Guidelines”) and the Residential Design Codes (R-Codes).

• The proposal complies with all the relevant ‘deemed-to-comply’ provisions of the R-Codes. It is also considered to meet the relevant Acceptable Provisions / Design Principles of the Guildford Guidelines.

• The Guildford Guidelines do not include specific provisions for boundary walls, but performance criteria for “Scale and Size” require that development respects the scale of development in its context, and does not have an adverse visual impact on it. The revised proposal for the wall (at 2.25m high) is considered to meet this principle, and not to have any significant detrimental impact on the amenity of the adjoining property.


It is recommended that the Council approve the application for Additions to Single Dwelling (Study, Masonry Wall and Removal of Tree) at Lot 12 (No.23) Helena Street, Guildford, subject to conditions.

BACKGROUND

Applicant: Ray and Lianne Gianoli Owner: Raymond Peter Gianoli and Lianne Sue Gianoli Zoning: LPS17 - Residential R5 MRS - Urban Strategy/Policy: Pol-C-106 – Local Planning Policy – Guildford

Conservation Precinct State Planning Policy 3.1 – Residential Design Codes

Development Scheme: N/A Existing Land Use: Single house and incidental outbuildings / development Lot Size: 1311m2 Lot Area: Guildford Use Class: Single House (“P”)

AUTHORITY/DISCRETION

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

• Granting development approval without conditions; or • Granting development approval with conditions; or • Refusing to grant development approval.

RIGHT OF REVIEW

In accordance with cl. 76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 an affected person (meaning the applicant of the subject development application or the owner of the subject land) may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.

DETAILS OF THE PROPOSAL

The application is for the following:

• Proposed single storey extension (4.5m x 5.2m, i.e. 23.3m2) to existing pool house, on the eastern boundary, to be used as a study.

• Proposed masonry wall along the eastern side boundary, between the existing carport and the existing pool house. The wall is proposed to be 2.25m high and


10.2m long. It is proposed to be finished in a cream render, to match the existing pool house and carport walls which are on the boundary.

• Removal of an existing flooded gum tree (Eucalyptis rudis) which is located between the carport and pool house, and which appears to be growing across the boundary between No’s 21 and 23 Helena Street.

DESCRIPTION OF SITE

The subject property is a fairly large (1311m2) flat rectangular lot, which backs on to the Helena River foreshore reserve at the rear. It is surrounded by residential lots of a similar size to the east and west.

The property falls within the Guildford Heritage Conservation Precinct. There are many properties in Helena Street which have recognised heritage significance, and the streetscape includes original houses from various eras.

The house on the property is of relatively new construction (not of heritage significance) and has had significant alterations since the late 1980’s, including a second storey addition. The large backyard includes a pool and pool house. The adjoining property to the east (No.21) is also fairly flat and has a house of relatively new construction.

The site is subject to the following additional constraints:

• Extreme south west corner is prone to flooding in a 1 in 100 ARI event;

• Subject to aircraft noise contour ANEF 25-30;

• The lot is gazetted as Bushfire Prone under current DFES mapping;

• Falls within the Guildford Drainage Contribution area.

SITE HISTORY/PREVIOUS APPROVALS

DA-4458/1988 Second Storey Addition to Residence - Approved under Delegated Authority, 12/09/1988

DA-5689/1990 Extension to House (Games Room) - Recommend Approval - Delegated Authority, 07/03/1990,

DA-14852/2003 Additions to Existing Dwelling - Approved under Delegated Authority, 14/07/2003.

DA-247/2010 Alfresco Area - Approved under Delegated Authority, 22/07/2010, This is the pool house which is now proposed to be extended.


OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

DA-535/2016 Additions to Single Dwelling - Refused by Council (against staff recommendation), 09/11/2016,

This application was substantially similar to the current application. It included the same office and masonry wall on the boundary as proposed in the current application. It also included a carport next to the masonry wall, with a peaked roof, which is not included in the current proposal.

The adjoining (eastern) neighbours objected to the height and length of the parapet wall. Council refused the application on the grounds that it did not meet lot boundary setbacks for an R5 lot, and was considered to adversely affect the amenity of the adjoining property.

APPLICANT'S SUBMISSION

“I was of the understanding that 2400mm was an agreed height, unfortunately the [neighbours] want 2100mm.

At this height, we will still be able to see through their windows.

We can agree to meeting half way by us coming down 150mm and the [neighbours] coming up 150mm to a wall height of 2250mm.

… We will still be able to see light from the top of the windows, but no people movement.”

PUBLIC CONSULTATION

The original application was the same as the current proposal, but with a 2.82m high masonry wall on the boundary. This was advertised to the adjoining neighbours at No.21 Helena Street, who submitted an objection due to the height of the wall and its impact on the amenity of their property (visual impact and access to daylight). The proposal was also advertised to the Guildford Association for a period of 14 days; they did not make any submission on the proposal.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The proposal was referred to Department of Parks and Wildlife (Rivers and Estuaries division) (DPAW), as the lot abuts the Swan River Trust development control area. They advised that they had no objection to the proposal, subject to no deleterious matter entering the Parks and Recreation reserve or river as a result of the development.


DETAILS

Zoning and Permissibility of Land Use

The subject lot is zoned ‘Residential’ under LPS17, with a density coding of R5. A ‘Single House’ is a permissible (‘P’) use in this zone. All the proposed development is considered to be incidental to the existing house on the property.

The proposal has been assessed against the Residential Design Codes (hereafter referred to as the R-Codes) and the Guildford Local Planning Policy (hereafter, referred to as the Guildford Guidelines).

State Planning Policy 3.1 – Residential Design Codes (R Codes)

The proposal complies with all the relevant ‘deemed-to-comply’ provisions within the Residential Design Codes barring front and side boundary setbacks. It is noted that within the Guildford Heritage Precinct, the provisions for front and side boundary setbacks of the R Codes are overridden by the setback provisions within the Guildford Guidelines.

Pol-C-106 Local Planning Policy (Guildford Conservation Precinct) (Guildford Guidelines)

The proposed development complies with all the relevant ‘deemed-to-comply’ provisions within the Guidelines, other than the following:

• Scale or Size. 5.1.2. New buildings, and additions to existing buildings, should generally appear as single storey as viewed from the street. Plate heights (measured from the base of the external wall to the plate) should be a minimum of 3 metres and a maximum of 4.2m.

The plate height of the proposed pool house extension is 2.82m, less than that specified in the policy. This is considered acceptable, as it ties into the plate height of the existing pool house and will have no impact at all on the streetscape, being screened from view by the existing house.

There is nothing in the Guidelines which specifically relates to the height of boundary walls/fences. Under LPS17, fences of up to 2.0m above natural ground level are allowed as of right within the Guildford Conservation Precinct.

It is necessary therefore to assess the proposed boundary wall against the relevant Design Principle, which states:

• 5.1.1 (Scale or Size). Residential development shall respect the predominant scale (height, bulk, density and pattern of arrangement) that is characteristic of development in its context and shall not have an adverse visual impact on it.

The neighbours at No.21 Helena Street submitted an objection to the original proposal, in which their primary concern was the height of the proposed boundary wall, and its implications on their amenity in terms of visual impact (bulk), and their access to sun and ventilation. The proposal effectively would have resulted in a continuous 2.82m wall along their western boundary, for a length of around 40m. They indicated that they would be willing to accept a boundary wall 2.1m high, measured from ground level on their side of the wall (which is approximately 15cm higher than the ground level on the applicants’ side).


The applicants have accordingly revised their proposal, so that the wall height is now proposed to be 2.25m above ground level on the neighbour’s side of the boundary. The applicants claim that any lower height would enable them to see through the neighbours’ windows.

It is considered that the proposed wall height of 2.25m is not excessive, and would not have any significant negative amenity impacts on the property at No.21 Helena Street. It is noted that the wall runs directly north-south, and thus is considered to have negligible impact in terms of overshadowing (the R-Codes only consider overshadowing generated with the sun directly in the north). The great majority of the wall will adjoin a paved accessway to the west of the neighbours’ house, rather than abutting their backyard proper, where their pool and entertaining areas are. This accessway is around 4m wide and will ensure that there is adequate daylight and ventilation to the windows of the house. The neighbours have also claimed that the wall will block their access to “views of significance”, but this claim is not supported, given that the only views blocked by the wall will be views into the backyard of No.23 Helena Street.

The revised wall height is considered to meet the relevant Design Principle for scale and size, and is supported.

Removal of Tree

The removal of existing native remnant vegetation requires planning approval under LPS17. The proposed removal of the existing tree between the pool house and dwelling is supported for the following reasons:

• It is necessary to remove the tree to facilitate the proposed addition. This location is suitable for the addition, as being accessible from the house and existing carport.

• The Guildford Guidelines only restrict removal of “culturally significant vegetation listed on a recognised heritage register”. The tree in question is not on any such register.

• The existing tree appears to be growing across the boundary and affecting the existing boundary fence. The applicants claim that it also poses a risk to nearby building foundations.

• The neighbours have no objection to the removal of the tree.

• The tree has been identified as a Eucalyptus rudis (flooded gum). This is a very common type of tree around the Swan and Helena rivers, and is not a habitat tree for black cockatoos.

Having considered the relevant issues, it is recommended that the proposed additions (pool house extension, masonry wall and removal of tree) are approved, subject to conditions.

OTHER RELEVANT CONSIDERATIONS:

State Planning Policy 3.7 – Planning in Bushfire Prone Areas

The Bushfire Attack Level Assessment submitted in support of the proposal nominates a BAL-12.5 rating for the development. The use or development proposed is not considered unsuitable for this site due to the bushfire risk. The pool house extension will be required to be constructed consistent with AS 3959 construction standards for a BAL-12.5 rating.


State Planning Policy 5.1 – Land Use Planning in the Vicinity of Perth Airport.

The property falls within the 25-30 ANEF airport noise contour as set out in mapping prepared by Perth Airport under the Airports Act 1996. In accordance with SPP5.1, dwellings within this noise contour generally require noise insulation. However, the policy also states that minor additions to existing residential development involving no more than 2 habitable rooms and no more than a 25% increase in habitable floor space should be exempted from this requirement. The property already has a notification on the certificate of title for aircraft noise, so there is no need to apply a new condition to implement this policy requirement.

Stormwater Drainage

The proposed stormwater disposal method of piping stormwater to soakwells is not considered to be appropriate for the area. The soil type in Guildford is clay, and as such soakwells are not effective.

Stormwater should be piped to the rear of the property and discharged internally on the lot with an overflow outlet to the open land to the rear (the floodplain). The applicants have advised that their existing internal drainage system drains in this fashion.

It is recommended that stormwater drainage be required to connect to the existing internal drainage system, and that a detailed stormwater plan be provided at building permit stage.

The property is located within the Guildford drainage contribution area, as per Pol-C-096 (Guildford and South Guildford District Drainage Development Fund). However, as stormwater will be discharged onsite, no additional demand is imposed on the City’s infrastructure to warrant a contribution to its upgrade.

OPTIONS AND IMPLICATIONS

Option 1: Council may approve the application for Proposed Additions to Single Dwelling – Office, Masonry Wall and Removal of Tree at Lot 12 (No.23) Helena St, subject to conditions.

Implications: This will allow the applicant to proceed with the proposed development.

This is the recommended option.

Option 2: Council may resolve to refuse the application for the Proposed Additions to Single Dwelling – Office, Masonry Wall and Removal of Tree at Lot 12 (No. 23) Helena Street, for the following reason:

1. The proposed 2.25m masonry wall is considered to have an unacceptable visual amenity impact on the adjoining property at Lot 11 (No.21) Helena Street, Guildford.

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

This is not the recommended option.


ATTACHMENTS

Location Plan

Site Photo

Development Plans

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the application for Proposed Additions to Single Dwelling (Study, Masonry Wall and Removal of Tree) at Lot 12 (No. 23) Helena St, Guildford, subject to the following conditions:

1. This approval is for “Additions to Single House – Study, Masonry Wall and Removal of Tree” as depicted on the submitted plans stamped date received at the City of Swan on 16 June 2017.

2. The height of the masonry wall on the boundary is to be a maximum of 2.25m above existing natural ground level at the boundary (as measured on the side of the boundary within Lot 11 (No. 21) Helena St, i.e. from the top of the existing retaining).

3. The extension to the pool house shall be in the same materials, colour and design as the existing building, i.e.:

• Walls – smooth cream render

• Roof – Colorbond “Surfmist”

• Windows / doors / trims – to match existing (red-brown); and

• The proposed masonry wall shall be finished in a smooth cream render, to match the existing building,

to the satisfaction of the Chief Executive Officer, City of Swan.

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

5. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish) to the satisfaction of the Chief Executive Officer.

6. All stormwater is to be collected and discharged to the rear of the site via the existing internal drainage system of the property. Revised stormwater drainage plans are to be included at submission of building permit application, and are to be approved by the City. The stormwater system is to be installed in accordance with these plans prior to occupation of the development subject of this application.

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

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


2) Advise the applicant / owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise those that lodged a submission of the Council’s decision.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Johnson - Cr Bailey)

AMENDMENT TO THE MOTION

Amend Condition 2 to permit a maximum wall height of 2.4m.

(Cr Trease – Cr Henderson)

THE AMENDMENT WAS PUT TO THE VOTE AND CARRIED (110/1)

For: Crs Bailey, Haynes, Henderson, Kovalevs, Lucas, McCullough, McNamara, Trease, Wainwright and Williams

Against: Cr Johnson

THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION

RESOLVED (10/1) TO:

1) Approve the application for Proposed Additions to Single Dwelling (Study, Masonry Wall and Removal of Tree) at Lot 12 (No. 23) Helena St, Guildford, subject to the following conditions:

1. This approval is for “Additions to Single House – Study, Masonry Wall and Removal of Tree” as depicted on the submitted plans stamped date received at the City of Swan on 16 June 2017.

2. The height of the masonry wall on the boundary is to be a maximum of 2.4m above existing natural ground level at the boundary (as measured on the side of the boundary within Lot 11 (No. 21) Helena St, i.e. from the top of the existing retaining).


3. The extension to the pool house shall be in the same materials, colour and design as the existing building, i.e.:

• Walls – smooth cream render

• Roof – Colorbond “Surfmist”

• Windows / doors / trims – to match existing (red-brown); and

• The proposed masonry wall shall be finished in a smooth cream render, to match the existing building,

to the satisfaction of the Chief Executive Officer, City of Swan.

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

5. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish) to the satisfaction of the Chief Executive Officer.

6. All stormwater is to be collected and discharged to the rear of the site via the existing internal drainage system of the property. Revised stormwater drainage plans are to be included at submission of building permit application, and are to be approved by the City. The stormwater system is to be installed in accordance with these plans prior to occupation of the development subject of this application.

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

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

2) Advise the applicant / owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise those that lodged a submission of the Council’s decision.

For: Crs Bailey, Haynes, Henderson, Kovalevs, Lucas, McCullough, McNamara, Trease, Wainwright and Williams

Against: Cr Johnson

Cr Parasiliti entered the Chamber at 6.36pm.

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

22/06/2017

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Attachment 1.Location Plan - 23 Helena St, Guildford.

Attachment 2.Site photo showing existing pool house, treeand fence at 23 Helena St.

Masonry wall at 2250mm aboveexisting ground level at the boundary(ground level on eastern side of theboundary)

Attachment 3.Plans for approval (3 pages)

"Office" is part of the house (betterdescribed as a "study")


"Office" is part of the house (betterdescribed as a "study")

Proposed Additions to Single Dwelling - Study, Masonry Wall and … · 2017. 9. 1. · Ordinary...

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