3.4 proposed modification to ellenbrook …...• the ellenbrook estate is zoned special use zone...

Ordinary Meeting of Council 20 May 2015

3.4 PROPOSED MODIFICATION TO ELLENBROOK TOWN CENTRE DEVELOPMENT PLAN - HOUSING INNOVATION PRECINCTS - LOT 9292 PINASTER PARADE, ELLENBROOK

Ward: (Ellenbrook Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Roberts Day (Planning Consultant) on behalf of Ellenbrook Management Pty Ltd (Directors: Kevin John Prindiville, John Bond, Danny William Murphy) has lodged a proposed modification to the Ellenbrook Town Centre Development Plan to facilitate the select provision of a two storey housing product to be developed upon 80m2 lots.

• The Ellenbrook Estate is zoned Special Use Zone No.4 under the City’s Local Planning Scheme No.17.

• The intent is to provide an “affordable” house and land package for new housing market entrants and those looking to “down size” their living arrangements. The proposed modification will enable an initial demonstration product on Lot 9292 Pinaster Parade, Ellenbrook.

• If acceptable to the Western Australian Planning Commission (WAPC) the product is to be created in specific locations within the town centre in suitable proximity to transit connections, open space, shops and other services.

• The proposed modification was advertised for public comment for a period of 21 days. At the close of advertising no submissions had been received.

• The modification will allow for a variation to the Residential Design Codes of WA (R-Codes) as incorporated into the City’s Scheme, with respect to the minimum site area for a single dwelling on the proposed site which is currently coded R60.

• This variation will reduce the minimum site area from 120m2 to the 80m2 (being an 8 metre by 10 metre lot).

• Further variations to development standards pertaining to site coverage and outdoor living areas are also proposed and will be subject of a supplementary Detailed Area Plan.

• The product will effectively be two storey terrace housing with a front loaded single garage per lot sited to facilitate shared crossovers to the street.


• It is considered that the proposed modification meets the objectives for the Ellenbrook Estate to provide diversity in housing choice but in a manner that can provide for reasonable living amenity and an attractive built form environment.

It is recommended that the Council approve the proposed modification and forward it to the Western Australian Planning Commission for approval pursuant to Clause 5A.1.14.3 of Local Planning Scheme No.17.

AUTHORITY/DISCRETION

Condition 4 of Special Use Zone No.4 (Ellenbrook Estate) provides for an approved Development Plan and approved amendments to such Plans to have the effect as if they were an amendment to the Scheme.

Clause 5.2 of the Scheme pertains to the Residential Design Codes. Sub-clause 5.2.2 states that development of land for any of the residential purposes set out in the R-Codes is to conform with the provisions of the R-Codes unless otherwise provided for in the Scheme.

Condition 4 in the specific provisions pertaining to the Ellenbrook Estate in Schedule 4 of the Scheme has the effect of allowing an approved Development Plan and approved amendments to it to vary R-Code provisions including that which is not normally capable of variation – the minimum site area per dwelling unit.

Council may adopt variations to Structure Plans pursuant to Clause 5A.1.14 and where such variation proposes the subdivision of land the modification is to be referred to the WAPC for endorsement.

DETAILS

The proposed modification to the Town Centre Development Plan as submitted entails:

- Modifying the Zoning Plan to introduce the following text, applicable with reference to the Mixed Use zone:

Locational Criteria (Land designated 'innovation' under the Density Coding Plan is subject to the following locational criteria).

o Within Town and District Centres o Adjacent Public Open Space (within 75m) o Within a 5 minute (400m) walk of public transport o Within a 5-10 minute (400-800m) walk of daily facilities

• Café/Restaurant • Shops (supermarket) • Recreation, facilities (bike paths/gym)


- Modifying the Density Code Plan to introduce a new designation:

Innovation (Minimum Lot Size is 80m2)

• Development is to be in accordance with the R80 provisions of the Residential Design Codes unless otherwise varied by a Council approved Detailed Area Plan.

The need to provide diversity in housing choice and affordability is acknowledged in various State planning documents including the most recently released "Towards Perth and Peel @3.5 million".

The purpose and intent of the Ellenbrook Estate itself is expressed within the City's Local Planning Scheme No.17 through a number of objectives which includes at (b):

"To encourage variety in the range of lot sizes and dwelling types within the Estate but consistent with a cohesive and attractive built environment".

The proposed innovation product - referred to as 'The Loft', provides a small lot product in a freehold ("green title") tenure structure, developed as a house and land package. This combination of characteristics is intended to reduce the cost of the housing product as well as making it easier to secure financing for first-time home buyers.

The product has one and two bedroom options, a single garage, front balcony and rear courtyard. They will present essentially as two storey terrace housing, where the narrow building facades are not dominated by garage width with shared crossovers and sufficient road verge space for street trees.

Variation to minimum site area per dwelling

The proposed modification to the Development Plan seeks to vary the application of the R-Codes to Lot 9292 Pinaster Parade by permitting a minimum area per dwelling a third less than the minimum applicable at an R60 density coding.

The Residential Design Codes of WA is a State Planning Policy which is adopted into the City's Local Planning Scheme No. 17, as provided for by Clause 11 of the Planning and Development Act 2005, at clause 5.2.2.

Clause 5.2.2 requires that, unless otherwise provided for in the Scheme, the development of land for any of the residential purposes dealt with by the R-Codes is to conform with the provisions of those Codes.

Schedule 4 of the Scheme makes provision for the land comprising the Ellenbrook Estate as a Special Use, being designated Special Use Zone No. 4. The provisions in the Scheme applicable to this Special Use zone make reference to Development Plans, stating:

"An approved development plan together with all approved amendments shall apply in relation to the land within the area of the Development Plan as if it was a Amendment of the Scheme and the Scheme provisions shall be given full effect within the area accordingly."

It appears that the above provision, which applies to Development Plans within the Ellenbrook Special Use zone, including the Town Centre Development Plan, has power to enable such plans, and in this instance an amendment to the Town Centre Plan, to vary Residential Design Code provisions, including the minimum site area per dwelling.


The plan of course must first be approved in accordance with the provisions pertaining to Structure Plans at Part 5A of the Scheme. As this proposed modification to the Development Plan has the implication of permitting through subdivision the creation of lots with a site area less than that specified through Clause 5.1.1 of the R-Codes, the endorsement of the WAPC is required by Clause 5A.1.14.3.

Other development standards of R-Codes

Nominally the concept will also depart from the Deemed-to-Comply provisions of the R-Codes applicable to single dwelling development on land coded R60 by increasing the site coverage of the building from 60% to 80% and reducing the amount of private open space slightly from 16m2 to 14m2. One parking space per dwelling is provided within each lot in accordance with the Deemed-to-Comply provisions, although there is sufficient space within the driveway crossover for tandem parking. The protrusion of vehicles in this manner should not adversely impact the functionality of the road verge as pedestrian paths can be accommodated on the other side of the road. Embayed parking space is proposed to accommodate on-street parking.

Once the building concept has been further refined in consultation with builders, the applicant will lodge a Detailed Area Plan for further consideration of Council, followed by a subdivision application.

Road Design

The demonstration site for this proposed innovation product containing 11 lots is indicatively served by a "loop" road with connection to Oval Vista and two connection points to School Lane. The road reserve is proposed as predominantly 12m in width, narrowing to 9m at the eastern connection point to School Lane is indicated as being one way in only with a carriageway width of 4.5m. The road serving the other 6 lots is indicated as 5.4m in width. The adequacy of these roads will require further detailed consideration.

If the WAPC are satisfied with the outcomes of this demonstration product, the proponent will seek to designate on the Development Plan further innovation product sites within the Town Centre for consideration by Council and the WAPC.

CONSULTATION

The proposed modification was referred to immediately abutting landowners and a sign on site and advert in the local newspaper inviting comment. At the close of the public advertising period on 6 May no submissions had been received.

CONCLUSION

It is considered that the proposed modification is consistent with the objectives for the Ellenbrook Estate as set out in Schedule 4 of the City's Scheme and broader state level planning and social objectives of providing greater choice and affordability in housing options.

It is recommended Council approve the proposed modification to the Ellenbrook Town Centre Development Plan.


ATTACHMENTS

Current Town Centre Development Plan - Zoning and Density Coding Plans

Proposed Modification to Town Centre Development Plans

Site Concept Plan for Demonstration Product

Indicative Floor Plans

Artists Impression

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

City of Swan Local Planning Scheme No. 17.

FINANCIAL IMPLICATIONS

Nil.

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Adopt the proposed modification to the Ellenbrook Town Centre Development Plan for Lot 9292 Pinaster Parade, Ellenbrook in order to facilitate development of a demonstration two-storey housing product on 80m2 lot, and refer the adopted modification to the Western Australian Planning Commission for its endorsement.


MOTION that the Council resolve to:

1) Defer consideration of this item until such time as the Department of Planning has finalised the review of the Residential Design Codes.

2) Request a briefing on this matter once the Department of Planning has finalised the review of the Residential Design Codes and prior to the matter being referred back to Council.

(Cr McDonnell - Cr Cheung)

RESOLVED UNANIMOUSLY TO:

1) Defer consideration of this item until such time as the Department of Planning has finalised the review of the Residential Design Codes.

2) Request a briefing on this matter once the Department of Planning has finalised the review of the Residential Design Codes and prior to the matter being referred back to Council.


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3.4 proposed modification to ellenbrook …...• the ellenbrook estate is zoned special use zone...

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