agenda pc... · upper floor includes more living areas, ... element requirement provided extent of...

AGENDA

Planning Committee

Wednesday, 7 February 2018, 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, 7

February 2018 in the North Fremantle Community Hall, located at 2 Thompson Road,

North Fremantle commencing at 6.00 pm.

Paul Garbett DIRECTOR STRATEGIC PLANNING & PROJECTS 2 February 2018

PLANNING COMMITTEE

AGENDA

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS NYOONGAR ACKNOWLEDGEMENT STATEMENT "We acknowledge this land that we meet on today is part of the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Nyoongar people as the custodians of the greater Fremantle/Walyalup area and that their cultural and heritage beliefs are still important to the living Nyoongar people today." ATTENDANCE DISCLOSURES OF INTEREST BY MEMBERS RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE PUBLIC QUESTION TIME DEPUTATIONS / PRESENTATIONS LATE ITEMS NOTED CONFIRMATION OF MINUTES That the minutes of the Special Planning Committee dated 31 January 2018 and the Planning Committee dated 10 January 2018 be confirmed as a true and accurate record with the following Reason for Change added to PC1801-4 117 Marine Terrace, South Fremantle in the minutes dated 10 January: REASON FOR CHANGE The proposed small Convenience store will provide a convenient service of everyday goods to immediately surrounding residents and workers, who would be expected to access the store by walking or cycling. Access to a Convenience store is a key aspect of a resilient community reducing the need to drive to buy the

basics of life; there is currently no such store in this vicinity, the closest being in South Fremantle (800 metres away). Adverse impacts on the immediate neighbours will be minimised by restricting opening hours to between 6:00am and 6:00pm. TABLED DOCUMENTS

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DEFERRED ITEMS (COMMITTEE DELEGATION) 1

REPORTS BY OFFICERS (COMMITTEE DELEGATION) 1

PC1802 -1 WESTMEATH STREET, NO. 17 (LOT 18), NORTH FREMANTLE - TWO STOREY SINGLE HOUSE - (SMDA0522/17) 1

PC1802 -2 CARNAC STREET, NO. 47 (LOT 2), FREMANTLE - DETACHED ADDITION TO EXISTING SINGLE HOUSE - (SP DA0511/17) 8

PC1802 -3 NOEL STREET, NO. 12 (LOT 99), HILTON - ANCILLARY DWELLING ADDITION TO AN EXISTING SINGLE HOUSE - (NB DA0517/17) 13

PC1802 -4 QUEEN VICTORIA STREET, NO. 237 (LOT 14), NORTH FREMANTLE - ADDITIONS AND ALTERATIONS TO EXISTING LICENSED PREMISES - OTHER (MOJO'S) - (NB DA0508/17) 17

PC1802 -5 UPDATE ON METRO SOUTH-WEST JDAP DETERMINATIONS AND RELEVANT STATE ADMINSTRATIVE TRIBUNAL APPLICATIONS FOR REVIEW 22

PC1802 -6 SCHEDULE OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY 24

REPORTS BY OFFICERS (COUNCIL DECISION) 25

CONFIDENTIAL MATTERS 25

SUMMARY GUIDE TO CITIZEN PARTICIPATION AND CONSULTATION 26

AGENDA ATTACHMENTS 1

PC1802 -1 WESTMEATH STREET, NO. 17 (LOT 18), NORTH FREMANTLE - TWO STOREY SINGLE HOUSE - (SMDA0522/17) 3

PC1802 -2 CARNAC STREET, NO. 47 (LOT 2), FREMANTLE - DETACHED ADDITION TO EXISTING SINGLE HOUSE - (SP DA0511/17) 13

PC1802 -3 NOEL STREET, NO. 12 (LOT 99), HILTON - ANCILLARY DWELLING ADDITION TO AN EXISTING SINGLE HOUSE - (NB DA0517/17) 20

PC1802 -4 QUEEN VICTORIA STREET, NO. 237 (LOT 14), NORTH FREMANTLE - ADDITIONS AND ALTERATIONS TO EXISTING LICENSED PREMISES - OTHER (MOJO'S) - (NB DA0508/17) 29

PC1802 -6 SCHEDULE OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY 34

Agenda - Planning Committee 7 February 2018

Page 1

DEFERRED ITEMS (COMMITTEE DELEGATION)

The following items are subject to clause 1.1 and 2.1 of the City of Fremantle Delegated Authority Register Nil.

REPORTS BY OFFICERS (COMMITTEE DELEGATION)

The following items are subject to clause 1.1 and 2.1 of the City of Fremantle Delegated Authority Register

PC1802 -1 WESTMEATH STREET, NO. 17 (LOT 18), NORTH FREMANTLE - TWO STOREY SINGLE HOUSE - (SMDA0522/17)

Meeting Date: 7 February 2018 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Attachments: 1: Development Plans

2: Applicant Justification 3: Site Photos

SUMMARY

Approval is sought for a two storey single house on a vacant site at No. 17 Westmeath Street, North Fremantle. The application is presented to Planning Committee due to a submission received that cannot be satisfied through a condition of planning approval. The application seeks discretion against the Local Planning Scheme No. 4 (LPS4) and the Residential Design Codes (R-Codes) in respect to the following:

Street setback (South)

Lot boundary setback (West)

Visual privacy (East) The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for construction of a two storey Single house on the subject site. The proposed development comprises of the following:

The dwelling has a pitched roof design, with a flat roofed balcony canopy projecting forward of the main building and into the street setback area.

Three-car garage on ground floor as well as bedrooms and living areas. Pond and spa also proposed at the front and rear of the site.

Upper floor includes more living areas, kitchen/larder as well as a master bedroom.

New driveway and vehicle crossover.


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Refer to Attachment 1 for a copy of the most recent development plans. Revised plans were submitted by the applicant on 13 December 2017 to clarify the proposed finished ground levels surrounding the development. No other changes were made to the originally submitted plans. Site/application information Date received: 25 October 2017 Owner name: Mr George Julino Rebelo Submitted by: Zorzi Builders Scheme: Residential (R25) Heritage listing: Not listed Existing land use: Vacant site Use class: Single house Use permissibility: ‘P’

CONSULTATION

External referrals Nil required.


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Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, as variations were being sought to the deemed-to-comply provisions of the R-Codes and Council Policy. The advertising period concluded on 24 November 2017, and two submissions were received,(one submission of objection and one of support, however with a query in regard to the height). The following issues were raised (summarised):

No objection to the western boundary wall

The proposed upper floor setback will impact our ability to get sufficient natural light into our upper level living areas.

Our view will be replaced by the side of their house.

The upper floor windows will look into our backyard and upper floor bedrooms.

Can the height of the balcony be reduced. The amended plans submitted on 13 December 2017 have not addressed the neighbour comments and as such the objection still stands. It is noted that the neighbour has since made a further submission to the City, after the conculsion of the original consultation period, reiterating their comments regarding the front setback and further outlining concerns in respect to overlooking from the rear/north-facing upper floor ‘larder’ window. It is noted that the proposed development complies with the buidling height provisions of LPS4. The other matters, including the setback of the Westmeath Street facing balcony, are further discussed 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:

Street setback (South)

Lot boundary setback (West)

Visual privacy (East) The above matters are discussed below. Background The subject site is located on the northern side of Westmeath Street. To the south of Westmeath Street is an area of open space reserve and the Swan River. The site is zoned Residential with a density of R25. It is noted that the eastern boundary of the site is situated on the boundary of the City of Fremantle and the Town of Mosman Park.


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The topography of the site is flat, with a slope of less than 500mm from front (south) to rear (north). The finished ground floor level of the proposed dwelling is shown as sitting approximately 300mm above the existing natural ground level. Furthermore, the site is located within a Bushfire Prone Area. As such a condition is included with the recommendation regarding the requirements applicable at the Building Permit stage. Street Setback

Element Requirement Provided Extent of Variation

Street Setback (Upper Floor)

3.0m 2.25m - balcony canopy

0.75m

Council Policy 3.13 Minim Cove, North Fremantle specifies a minimum front setback requirement of 3m. The policy reduces the primary street setback from that required in the R-Codes (6m) due to the topography of the sites in the policy area with tiered lots rising steeply form the river foreshore to McCabe Street. The development includes a first floor balcony that extends the full width of the dwelling overlooking the Swan River. The balcony has been designed so that the side walls and roof project beyond the edge of the balcony to create an architectural feature to the front façade of the dwelling. This feature projects into the front setback area by 0.75m. The site is currently vacant and unconstrained. The proposed projection is not considered to achieve a required functional element to the dwelling, given the balcony overlooks the front setback area of the adjoining properties and the Swan River and faces south-east. Therefore the feature is not considered necessary for the purposes of screening overlooking or sun shading. The proposed street setback of the development is therefore not considered to satisfy the design principles of Clause 5.1.2 of the R-Codes as it is not consistent with the prescribed streetscape (noting that to the east of the subject site, dwellings are located within the Town of Mosman Park and to the west of the site only one other dwelling has been constructed) and it does not accommodate for specific site planning requirements. It is recommended that any approval be conditioned to require the upper floor level to the street setback to be increased to 3m. Lot Boundary Setback


Garage – West (Ground Floor)

1.0m Nil 1.0m

Family Room and Alfresco – East (Ground Floor)

1.5m 1.2m 0.3m

The lot boundary setbacks of the development are considered to satisfy the design principles of Clause 5.1.3 of the R-Codes for the following reasons:


Page 5

Setbacks along the western side of the development, with the exception of the garage, either meet or exceed the relevant deemed-to-comply requirements. These setbacks are considered to reduce the impact of building bulk as viewed from the neighbouring property.

The extent of the boundary wall is not considered to be excessive, being less than 3.5 metres in height and 6.5 metres in length. These dimensions are similar to other existing boundary walls within the immediate area (such as the dwelling at No. 13 Westmeath). As such, the boundary wall will not detract from the prevailing development context and streetscape. It is also noted that the garage is set back from the street (south) greater than the 1.5 metres permitted under LPP3.13 (4 metre setback proposed), which further assists in this regard.

Assisting with reducing bulk and scale on the eastern side, the alfresco is open-sided and the family room wall is articulated through provision of major openings, resulting in setbacks of between 1.2 and 1.5 metres.

The subject site is oriented east-west and as such there will be no impact upon access to direct sunlight on neighbouring properties as a consequence of the setback variations.

Visual Privacy


Larder – East (Upper Floor)

6.0m 3.9m 2.1m

Study – West (Upper Floor)

4.5m 2.2m 2.3m

The proposal is considered to satisfy the design principles of Clause 5.4.1 of the R-Codes for the following reasons:

The larder window faces the rear of the property and as such will not significantly overlook the property to the east. Views from this window will be directed toward the rear setback area of the subject site and a side access passage on the neighbouring property, which is not an active habitable space.

It is noted that the neighbouring dwelling to the east contains highlight windows which face onto the subject site, and this proposal contains no major or minor openings which face onto the eastern side property (refer to eastern elevation plan). This will ensure that mutual overlooking between properties will be minimal.

The upper floor study window is to be obscured glazed however as it is an awning window it does not strictly comply with the screening requirements of the R-Codes. Given that there are no other privacy concerns for the western side neighbour, and the neighbouring site is currently vacant with no approved development, this awning window is supported provided that it is obscured as shown on the plans. A condition is included with the recommendation to this effect.

STRATEGIC IMPLICATIONS Strategic Community Plan 2015-25

Increase the number of people living in Fremantle


Page 6

FINANCIAL IMPLICATIONS

Nil. LEGAL IMPLICATIONS

Nil. OFFICER'S RECOMMENDATION

The Planning committee acting under delegation 2.1: APPROVE under the Metropolitan Region Scheme and Local Planning Scheme No. 4 the two storey Single house at No. 17 Westmeath Street (Lot 18) North Fremantle subject to the following conditions:

1. This approval relates only to the development as indicated on the approved plans, dated 13 December 2017. 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, the upper floor level (including any

balcony projection) is to be setback a minimum of 3m from the Westmeath Street boundary. Details of the revised setback are to the provided prior to the issue of a Building Permit, to the satisfaction of the Chief Executive Officer, City of Fremantle.

3. Prior to occupation of the development approved as part of

DA0522/17, on plans dated 13 December 2017 the upper floor study awning window located on the western elevation shall be obscure glazed, as indicated on the approved plans. The required screening shall be provided and maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.

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

or otherwise approved by the Chief Executive Officer, City of Fremantle.

5. Prior to occupation of the development hereby approved, the

boundary wall located on the western side boundary shall be of a clean finish in any of the following materials:

• coloured sand render, • face brick, • painted surface, • other approved finish and be thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.


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6. Prior to the issue of a building permit, the development is to comply with the applicable construction requirements as prescribed in Australian Standard 3959 – Construction of Buildings in Bushfire Prone Areas, to the satisfaction of the Chief Executive Officer, City of Fremantle.

Advice:

i. New crossover(s) shall comply with the City’s standard for standard crossovers, which are available on the City of Fremantle’s web site. Prior to commencing construction of the crossover(s), the developer is to contact the Engineering Project Officer on 9432 9999 to arrange an inspection or alternatively via [email protected].

ii. With regard to condition No. 6, more information on Planning in Bushfire Prone Areas and where to find an accredited assessor, can be found on the Department of Planning's website - http://www.planning.wa.gov.au. There is also a requirement to provide a Bushfire Attack Level (BAL) assessment by an appropriately accredited professional. The BAL will determine the severity of a building’s potential exposure to ember attack, radiant heat and direct flame contact, and is also the basis for determining the requirements for construction to improve protection of building elements from attack by bushfire.

mailto:[email protected]

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


Page 8

PC1802 -2 CARNAC STREET, NO. 47 (LOT 2), FREMANTLE - DETACHED ADDITION TO EXISTING SINGLE HOUSE - (SP DA0511/17)

Meeting Date: 7 February 2018 Responsible Officer: Manager Development Approvals Decision Making Authority: Committee Attachments: 1. Development Plans

2. Site Photos SUMMARY

Approval is sought for a detached addition to an existing Single house at No. 47 Carnac Street, Fremantle (subject site). The application is presented to Planning Committee (PC) due to submissions received that cannot be satisfied through a condition of planning approval. The application also seeks the following discretionary assessments against the Residential Design Codes:

lot boundary setbacks The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for a detached addition to an existing Single house at the subject site. The detached addition is intended for the purpose of a private art studio for the use of the resident. The addition has the following dimensions:

6m in length

2.44m in width

2.59m in height. See attachment 1 for revised plans, which were provided to indicate setbacks for the proposed structure. Site/application information Date received: 19 October 2017 Owner name: Stephen Mickler and Julie Kaesehage Submitted by: Stephen Mickler and Julie Kaesehage Scheme: Residential (R30) Heritage listing: N/A Existing land use: Single house Use class: Single house Use permissibility: P


Page 9

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. The advertising period concluded on 20 November 2017 with eight submissions received. The following issues were raised (summarised):

The detached addition setback will be detrimental to the amenity of the adjoining properties.

The location of the structure, whilst being within the subject site’s cadastral boundaries, is located in a laneway which partially intersects the lot and will impede vehicular access to the surrounding sites.

The loss of value for surrounding sites whose residents drive down the laneway to park at the rear of their respective lots.

The cost associated which residents paid to have the laneway bituminised.


Page 10

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:

Lot boundary setback (west) The above matters are discussed below. Background The site is located west of Carnac Street, East of South Terrace and North of Douglas Street. The site has a land area of approximately 556m2 and is currently a Single house. A review of the City’s property databases has not revealed any previous planning history for the subject site that would be likely to impact this particular proposal. Right of Way and Vehicle Access The proposed development is contained within the cadastral lot boundaries of No. 47 Carnac Street, Fremantle. As shown in the image below, Right of Way No. 44A does not extend south past 45 Carnac Street and 206 South Terrace, Fremantle. It appears that the ROW was closed at that point and amalgamated with the adjoining properties being including 47 Carnac Street and 208 South Terrace, Fremantle. Currently the properties to the south of the subject site can informally access the rear of their lots via a laneway that exists at the rear of 47 Carnac Street and 206 South Terrace. This laneway is not formally recognised as a right of way or a means of access via a legalised easement. The City has also carried out a search of the Certificates of Title for the subject site, 49 Carnac Street, 208 South Terrace and 210 South Terrace, Fremantle and there is no formal access easement registered on any of these properties.


Page 11

Figure 1: Subject site and ROW 44A

A right of access to use the ROW by the owners 208 South Terrace and 49 Carnac Street could exist under Common Law or under the Prescription Act, 1832 however this matter would have to be pursued by the property owners, separate to the development application process. Residential Design Codes Lot boundary setback


Lot boundary setback (west)

1m 0.2m 0.8m

The proposed setback variation is considered to meet the Design principles of the R-codes in the following ways:

The boundary wall makes effective use of a space for the location of the addition.

The reduced setback is not considered to result in significant building bulk impacts, given the 28m separation between the proposed location of the structure and the western adjoining lot’s dwelling.

The reduced setback has minimal impact on ventilation and solar access for the subject site and western adjoining lot, due to generous portions of open space on both lots, providing a separation for the proposed detached addition.

The proposed detached addition does not propose a finished floor level above the existing level of the site and is not considered to result in visual privacy concerns to the adjoining lots.

The orientation of the lot would not result in shadow from the detached addition being cast onto the western adjoining lot.



Increase the number of people working in Fremantle FINANCIAL IMPLICATIONS

Nil


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LEGAL IMPLICATIONS

Nil OFFICER'S RECOMMENDATION

Planning committee acting under delegation 2.1: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, a detached addition to existing Single house at No. 47 (Lot 2) Carnac Street, Fremantle, subject to the following condition(s): 1. This approval relates only to the development as indicated on the approved

plans, dated 19 October 2017. 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 Chief Executive Officer, City of Fremantle. 3. Prior to 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, • other approved finish and be thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.


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PC1802 -3 NOEL STREET, NO. 12 (LOT 99), HILTON - ANCILLARY DWELLING ADDITION TO AN EXISTING SINGLE HOUSE - (NB DA0517/17)


2: Site Photos SUMMARY

Approval is sought for an Ancillary dwelling addition to the rear of an existing Single house. The application is presented to Planning Committee due to a submission received that cannot be satisfied through a condition of planning approval. The application seeks discretion against the Local Planning Scheme No. 4 (LPS4) and the Residential Design Codes (R-Codes) in respect to the following:

minimum lot size for an Ancillary dwelling

plot ratio

car parking The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for the addition of a two storey Ancillary dwelling at the rear of an existing Single house. A copy of the development plans is included as Attachment 1. Site/application information Date received: 24 October 2017 Owner name: Lutz Meinhard Engelhardt Submitted by: Jonathon Eaton Scheme: Residential (R30) Heritage listing: Not listed Existing land use: Single house Use class: Single house with Ancillary dwelling 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 discretion was sought against the provisions of the R-Codes. The advertising period concluded on 30 November 2017, and one submission was received. The following issues were raised:

overshadowing

dwelling size is excessive

inadequate on-site parking

site is likely being used as a short stay dwelling. As a result of the above comments, amended plans were submitted reducing the plot ratio of the Ancillary dwelling from approximately 110m2 in floor area to 72m2 by reducing the upper floor. The southern boundary setback was also increased. In regards to the comments received, the development (including the existing Single house) complies with the overshadowing provisions of the R-Codes, and while there is no independent confirmation that the dwelling is being used as short stay accommodation, such use of a single house does not require planning approval under LPS4 provided the house is occupied by no more than 6 people. The amended plans were referred to the submitter for further comment. The submitter responded, acknowledging that the plans were much improved but raised a concern in regard to the lack of parking and the visual appearance of the development. The above issues are discussed below.


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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:

minimum lot size for an Ancillary dwelling

plot ratio

on-site car parking. The above matters are discussed below. Background The lot is located on the western side of Noel Street between Clarke Street and Marimont Street and is 443 m2 in area. The ground level slopes down approximately 1.5m from front to rear (east to west), with the proposed Ancillary dwelling situated on the lower ground level. The lot is improved by the addition of a three bedroom single storey Single house that contains one paved car bay. The site is heavily vegetated with mature trees distributed throughout. There is no relevant planning history for this lot. Ancillary dwelling


Minimum lot size 450 m2 (min.) 443 m2 7 m2

Plot ratio 70 m2 (max.) 72 m2 2 m2

The variations are supported under the Design principles of clause 5.5.1 of the R-Codes for the following reasons:

The variations are minimal and will not adversely impact the amenity of surrounding properties by virtue of excessive building bulk or scale.

The Ancillary dwelling complies with the lot boundary setbacks, visual privacy setbacks, and open space requirements of the R-Codes.

The Ancillary dwelling addition is in line with the City’s strategic directives of increasing the number of people living within the City and increasing the diversity of housing types.

The Ancillary dwelling is located so as to retain the majority of the existing trees. Car parking


Single house 2 1 1 (existing variation)

Ancillary dwelling 1 Nil 1

TOTAL 2


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The variation is supported under the Design principles of clause 5.3.3 of the R-Codes for the following reasons:

The existing house has a one bay shortfall, which can be counted against the total shortfall under clause 4.7.3.1 of LPS4, resulting in an additional variation of only one car bay for the Ancillary dwelling.

Ample street parking exists immediately adjacent to the house and residents along the street frequently park on their verges.

The lot is located approximately 45 m from a high frequency bus route, which would permit the parking requirements for the total lot to be reduced to one bay resulting in no variation to parking requirements.

The addition of a further parking bay would likely necessitate removal of a mature tree.



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. FINANCIAL IMPLICATIONS

Nil LEGAL IMPLICATIONS


Planning Committee acting under delegation 2.1: APPROVE , under the Metropolitan Region Scheme and Local Planning Scheme No. 4, Ancillary dwelling addition to an existing Single house at No. 12 (Lot 99) Noel Street, Hilton, subject to the following condition(s): 1. This approval relates only to the development as indicated on the approved

plans, dated 7 December 2017. 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 Chief Executive Officer, City of Fremantle.


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PC1802 -4 QUEEN VICTORIA STREET, NO. 237 (LOT 14), NORTH FREMANTLE - ADDITIONS AND ALTERATIONS TO EXISTING LICENSED PREMISES - OTHER (MOJO'S) - (NB DA0508/17)


2: Site Photos SUMMARY

Approval is sought for rear additions and alterations to an existing Licensed Premises – Other (Mojo’s) including an extended beer garden and new bar area. The application is presented to Planning Committee due to the increased intensity of the existing land use and the lack of on-site parking. The application is recommended for conditional approval. PROPOSAL

Detail Approval is sought for additions and alterations to the rear of Mojo’s and includes:

an uncovered outdoor beer garden extension of 57m2 to the rear of the lot

bathroom renovations

a new bar in the existing garden area

partial demolition of some external walls. Mojo’s has an existing floor area of approximately 266m2 including a 72m2 beer garden. The proposed 57m2 addition will result in a floor area, excluding areas for toilets, the kitchen and other back of house areas, of approximately 212m2 which would accommodate approximately 250 patrons. Amended plans were submitted on 17 January 2018 increasing the height of walls within the property to comply with the recommendations of the Acoustic Report submitted with the application. A copy of the amended development plans is included as Attachment 1. Site/application information Date received: 19 October 2017 Owner name: Nunzio Pisani and Galati Formaggio Pty Ltd Submitted by: Andrew Ryan Scheme: Local Centre Zone Heritage listing: Level 2 Existing land use: Licensed Premises - Other Use class: Licensed Premises - Other Use permissibility: A


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CONSULTATION

External referrals Department of Planning, Lands and Heritage (DPLH) The application was referred to the DPLH as the lot abuts a regional road. The DPLH responded with no objections, concluding:

“No vehicle crossovers are proposed as part of the proposed development, and the internal modifications to the existing building are not expected to have any impact on the functioning of Queen Victoria Parade ORR [Other Regional Road], therefore the Department has no objection on transport planning grounds.”

Community The application was advertised in accordance with Schedule 2, clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Deemed provisions), as the application included the extension of a discretionary land use and discretion was sought against the parking provisions of LPS4. The advertising period concluded on 23 November 2017, and no submissions were received. OFFICER COMMENT

Statutory and policy assessment The proposal has been assessed against the relevant provisions of LPS4 and relevant Council local planning policies. The application seeks an assessment against the following provisions of LPS4:

land use

on-site car parking. The above matters are discussed below. Background The site is located on the western side of Queen Victoria Street between Jackson Street and Tydeman Road, within the North Fremantle Local Centre Zone. The lot is improved


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by two buildings: one at the front comprising Mojo’s itself with an existing beer garden area to the rear, and a smaller storage building at the rear of the lot. The site is on the City’s Heritage List as management category level 2 and located within the North Fremantle Heritage Area. Car parking

Element Required Provided Extent of Variation

Existing bar and beer garden

1:5m2 of lounge/garden area (166m2) = 33 bays

1:2.5m2 of public bar area = 16

Nil 49 bays

Proposed extension 1:5m2 of garden area (53m2) = 11 bays

Nil 11 bays

LPS4 provides no parking requirements for Licensed Premises – Other, therefore, the application has been assessed under the car parking provisions of the ‘best fit’ land use, being a Hotel/Tavern. The car parking shortfall is supported under clause 4.7.3.1 of LPS4 for the following reasons:

The existing land use has been operating for many years and provides no on-site car parking, having an existing shortfall of 49 bays.

The site is heritage listed (Level 2) and there is no ability to increase on-site parking.

The site is located within 600 metres of the North Fremantle train station and immediately adjacent to a number of high frequency bus routes.

No objections were received from adjoining landowners or residents in regards to the extension of the beer garden.

Land use The development proposes increasing the size of the existing beer garden, which is considered an extension to the existing land use. The existing development is approved as a Licensed Premises – Other under LPS4. Such a use is an ‘A’ use, which means that Council can exercise discretion and grant planning approval only after giving special notice in accordance with clause 64 of the Deemed provisions. In considering an ‘A’ use the Council will have regard to the matters to be considered in the Regulations. 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.

(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.

(t) The amount of traffic likely to be generated by the development, particularly in

relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety

Clause 3.2.1 (c) of LPS4 states that development within a local centre zone shall:


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i. provide for weekly and convenience retailing including small-scale shops, showrooms, cafes, restaurants, consulting rooms, entertainment, residential (at upper levels), recreation, open spaces, local offices, cottage industry, health, welfare and community facilities which serve the local community, consistent with the local—serving role of the centre,

ii. encourage the provision of suitable and accessible services to residents of the locality,

iii. ensure that development is not detrimental to the amenity of adjoining owners or residential properties, and

iv. conserve places of heritage significance the subject of or affected by the development.

The proposed extension of the existing use is supported for the following reasons:

The beer garden extension will not be detrimental to the amenity of adjoining residential properties by virtue of excessive noise or an increase in pedestrian traffic along residential streets.

Patrons will only be able to enter and exit the beer garden through Mojo’s, not onto Jewell Parade, which protects the amenity of adjoining residential areas.

The extension will not have a detrimental impact on the historical significance of the place or the area and is supported on heritage grounds.

The beer garden extension provides for an improvement to the entertainment area of Mojo’s and enhances the entertainment space serving the local community.

The applicant has submitted an acoustic report demonstrating that the beer garden extension (as amended) will comply with the noise regulations provided there is no external music source and the walls surrounding the beer garden be increased in height as per the amended plans. A condition prohibiting music within the beer garden area has been recommended as a condition of approval.

In accordance with the general provisions of DBU6 (Late night entertainment venues serving alcohol), it is considered the local area is well serviced by public streets to allow for safe transport to and from the site without significantly disrupting through traffic. Queen Victoria Street is well lit to allow for adequate safety for patrons late at night.


Increase the number of visitors to Fremantle

Alcohol Management (SG50)

The immediate area includes an appropriate mix of non-residential land uses including Entertainment, Restaurants, Retail, Office

Potential impacts of the extension to the existing Licensed Premises can be appropriately managed


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FINANCIAL IMPLICATIONS

Nil LEGAL IMPLICATIONS


Planning Committee acting under delegation 2.1: APPROVE, under the Metropolitan Region Scheme and Local Planning Scheme No. 4, additions and alterations to the existing Licensed Premises – Other (Mojo’s) at No. 237 (Lot 14) Queen Victoria Street, North Fremantle, subject to the following condition(s):

1. This approval relates only to the development as indicated on the approved plans, dated 18 October 2017. 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. Prior to the commencement of the use of the extension, the surrounding

walls are to be constructed in accordance with the recommendations contained in the Acoustic Report, prepared by Lloyd George Acoustics (Ref: 17124235-01) dated 8 December 2017, to the satisfaction of the Chief Executive Officer, City of Fremantle.

3. No music source, including sound systems and live performances, is

permitted in the beer garden, in accordance with the Acoustic Report, prepared by Lloyd George Acoustics (Ref: 17124235-01) dated 8 December 2017.

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.

ii. Depending on the total floor area of the building, a referral to DFES (as part

of the CDC) is required in accordance with the Building Regulations 2012 prior to the issue of a building permit.


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PC1802 -5 UPDATE ON METRO SOUTH-WEST JDAP DETERMINATIONS AND RELEVANT STATE ADMINSTRATIVE TRIBUNAL APPLICATIONS FOR REVIEW

The following applications 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.

Application Reference

DA0104/17

Site Address and Proposal

193 South Terrace, South Fremantle – Proposed Two Storey Additions and Alterations and Addition Use of Restaurant and Health Studio to Existing Mixed Use Building

Planning Committee Consideration/Decision

Council refused the application at its meeting on 28 June 2017

Planning Committee refused the Section 31 request to reconsider the application at its meeting on 10 January 2018.

Current Status

Application for Appeal Withdrawn on 30 January 2018.


DAP003/17


11-13 Wray Avenue, Fremantle – Proposed upper floor additions and alterations and change of use to Restaurant and Multiple Dwellings to two existing Single houses


Council refused the application at its meeting held on 22 November 2017.

Current Status

Currently subject to an Application for Review by the State Administrative Tribunal.

A mediation session has been scheduled for February 2018.


DAP006/17


135 High Street, Fremantle – Proposed partial demolition and additions and alterations to existing building (Manning Buildings)



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Planning Committee supported the Officer’s Recommendation contained in the RAR at its meeting on 10 January 2018.

Current Status

The Application was approved by the Metro South-West Joint Development Assessment Panel (JDAP) at its meeting on 23 January 2018, subject to the conditions contained in the Officer’s Recommendation including modifications to include a condition for an Archaeological Investigation, rewording of conditions relating to Green Star and Fremantle Port requirements and the inclusion of an advice note that encourages the applicant to investigate the use of the 1% public art contribution for the reconstruction of the William Street balcony/verandah.

OFFICER'S RECOMMENDATION

That the information is noted.


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PC1802 -6 SCHEDULE OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY

Acting under authority delegated by the Council the Manager Development Approvals determined, in some cases subject to conditions, each of the applications listed in the Attachments and relating to the places and proposal listed.

OFFICER'S RECOMMENDATION

That the information is noted.


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REPORTS BY OFFICERS (COUNCIL DECISION)

Nil.

CONFIDENTIAL MATTERS

Nil.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION AND CONSULTATION

The City values community engagement and recognises the benefits that can flow to the quality of decision-making and the level of community satisfaction. Effective community engagement requires total clarity so that Elected Members, Council officers and citizens fully understand their respective rights and responsibilities as well as the limits of their involvement in relation to any decision to be made by the City.

How consultative processes work at the City of Fremantle

The City’s decision makers 1. The Council, comprised of Elected Members, makes policy, budgetary and key strategic decisions while the CEO, sometimes via on-delegation to other City officers, makes operational decisions.

Various participation opportunities 2. The City provides opportunities for participation in the decision-making process by citizens via its council appointed working groups, its community precinct system, and targeted community engagement processes in relation to specific issues or decisions.

Objective processes also used 3. The City also seeks to understand the needs and views of the community via scientific and objective processes such as its bi-ennial community survey.

All decisions are made by Council or the CEO

4. These opportunities afforded to citizens to participate in the decision-making process do not include the capacity to make the decision. Decisions are ultimately always made by Council or the CEO (or his/her delegated nominee).

Precinct focus is primarily local, but also city-wide

5. The community precinct system establishes units of geographic community of interest, but provides for input in relation to individual geographic areas as well as on city-wide issues.

All input is of equal value 6. No source of advice or input is more valuable or given more weight by the decision-makers than any other. The relevance and rationality of the advice counts in influencing the views of decision-makers.

Decisions will not necessarily reflect the majority view received

7. Local Government in WA is a representative democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters of budgetary considerations. All consultations will clearly outline from the outset any constraints or limitations associated with the issue.


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Decisions made for the overall good of Fremantle

8. The Local Government Act requires decision-makers to make decisions in the interests of “the good government of the district”. This means that decision-makers must exercise their judgment about the best interests of Fremantle as a whole as well as about the interests of the immediately affected neighbourhood. This responsibility from time to time puts decision-makers at odds with the expressed views of citizens from the local neighbourhood who may understandably take a narrower view of considerations at hand.

Diversity of view on most issues 9. The City is wary of claiming to speak for the ‘community’ and wary of those who claim to do so. The City recognises how difficult it is to understand what such a diverse community with such a variety of stakeholders thinks about an issue. The City recognises that, on most significant issues, diverse views exist that need to be respected and taken into account by the decision-makers.

City officers must be impartial 10. City officers are charged with the responsibility of being objective, non-political and unbiased. It is the responsibility of the management of the City to ensure that this is the case. It is also recognised that City officers can find themselves unfairly accused of bias or incompetence by protagonists on certain issues and in these cases it is the responsibility of the City’s management to defend those City officers.

City officers must follow policy and procedures

11. The City’s community engagement policy identifies nine principles that apply to all community engagement processes, including a commitment to be clear, transparent, responsive , inclusive, accountable and timely. City officers are responsible for ensuring that the policy and any other relevant procedure is fully complied with so that citizens are not deprived of their rights to be heard.

Community engagement processes have cut-off dates that will be adhered to.

12. As City officers have the responsibility to provide objective, professional advice to decision-makers, they are entitled to an appropriate period of time and resource base to undertake the analysis required and to prepare reports. As a consequence, community engagement processes need to have defined and rigorously observed cut-off dates, after which date officers will not include ‘late’ input in their analysis. In such circumstances, the existence of ‘late’ input will be made known to decision-makers. In most cases where community input is involved, the Council is the decision-maker and this affords community members the opportunity to make input after the cut-off date via personal representations to individual Elected Members and via presentations to Committee and Council Meetings.


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Citizens need to check for any changes to decision making arrangements made

13. The City will take initial responsibility for making citizens aware of expected time-frames and decision making processes, including dates of Standing Committee and Council Meetings if relevant. However, as these details can change, it is the citizens responsibility to check for any changes by visiting the City’s website, checking the Fremantle News in the Fremantle Gazette or inquiring at the Customer Service Centre by phone, email or in-person.

Citizens are entitled to know how their input has been assessed

14. In reporting to decision-makers, City officers will in all cases produce a community engagement outcomes report that summarises comment and recommends whether it should be taken on board, with reasons.

Reasons for decisions must be transparent 15. Decision-makers must provide the reasons for their decisions.

Decisions posted on the City’s website 16. Decisions of the City need to be transparent and easily accessed. For reasons of cost, citizens making input on an issue will not be individually notified of the outcome, but can access the decision at the City’s website under ‘community engagement’ or at the City Library or Service and Information Centre.


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Issues that Council May Treat as Confidential Section 5.23 of the new Local Government Act 1995, Meetings generally open to the public, states: 1. Subject to subsection (2), the following are to be open to members of the public -

a) all council meetings; and b) all meetings of any committee to which a local government power or duty has

been delegated.

2. If a meeting is being held by a council or by a committee referred to in subsection (1) (b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

a) a matter affecting an employee or employees; b) the personal affairs of any person; c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; e) a matter that if disclosed, would reveal –

i) a trade secret; ii) information that has a commercial value to a person; or iii) information about the business, professional, commercial or financial

affairs of a person. Where the trade secret or information is held by, or is about, a person other than the local government.

f) a matter that if disclosed, could be reasonably expected to - i) impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

ii) endanger the security of the local government’s property; or iii) prejudice the maintenance or enforcement of a lawful measure for

protecting public safety.

g) information which is the subject of a direction given under section 23 (Ia) of the Parliamentary Commissioner Act 1971; and

h) such other matters as may be prescribed.

3. A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.

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