DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River

On 11 September 2018

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

Date Rec’d

Assess No.

Address Proposal DA No.

03/09/2018 A5165 71 (Lot 50) Bussell Highway, Margaret River

Serviced Apartment (Amendment to Approval)

P218545

03/09/2018 A10401 29 (Lot 411) Jacaranda Crescent, Margaret River

Bed and Breakfast and Home Business (Creative Workshops)

P218546

04/09/2018 A7041 133 (Lot 71) Horseford Road, Margaret River

Holiday House (Large)

P218548

04/09/2018 A11799 10a (Strata Lot 2 of Lot 41) Freycinet Way, Gnarabup

Holiday House (Renewal)

P218549

04/09/2018 A8767 13 (lot 28) Jersey Street, Cowaramup

Light Industry / Educational Establishment

P218550

04/09/2018 A6364 18 (Lot 80) The Boulevard, Margaret River

Holiday House (Renewal)

P218551

05/09/2018 A9939 Unit 5 / 30 (Strata Lot 5 of Lot 271) Fearn Avenue, Margaret River

Recreation Private (Yoga Studio)

P218552

05/09/2018 A12306 11 (Lot 76) Greenwood Avenue, Margaret River

Amendment to Planning Approval P217537 - Grouped Dwellings

P218553

05/09/2018 A7528 11 (Lot 18) Friesian Street, Cowaramup

Alterations & Additions to Existing Light Industry

P218554

06/09/2018 A7893 38 (Lot 53) Waverley Road, Cowaramup

Dwelling Additions

P218556

06/09/2018 A4191 127 (Lot 4) Exmoor Drive, Margaret River

Building Envelope Variation (to accommodate exsiting shed)

P218557

06/09/2018 A12211 (Lot 29) Caves Road, Deepdene Building Envelope Variation and Dwelling

P218558

07/09/2018 A12312 101 (Lot 31) Oldfield Road, Treeton Building Envelope Variation P218560

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No. Address Proposal BLDG No.

03/09/2018 A5165 Lot 50 Bussell Highway, Margaret River

Reception Extension 218342

03/09/2018 A3906 Tenancy 13 - Lot 66 Town View Terrace, Margaret River

Minor fitout - Electrical / Lighting

218407

04/09/2018 A11959 Lot 210 Sawmill Loop, Karridale Storage Shed 218409

04/09/2018 A3 Lot 120 Georgette Road, Gracetown

Two storey Dwelling with Garage and Retaining Walls

218411

04/09/2018 A11593üA12652 Lot 101 Osmington Road, Osmington

Netting Structure 3.2 ha 218412

05/09/2018 A12214 Lot 12 Brockman Highway, Cowaramup

Storage Shed 218413

05/09/2018 A12125 Lot 25 Formosa Street, Margaret River

Two storey dwelling with attached Garage

218414

06/09/2018 A4191 Lot 4 Exmoor Drive, Margaret River

Unauthorised Works - Shed 218415

06/09/2018 A2571 Lot 12 Bullant Drive, Forest Grove

Single Dwelling 218416

06/09/2018 A1318 Lot 23 Blackwood Avenue, Augusta

Demolition - Single Dwelling and Sheds

218417

06/09/2018 A6586 Lot 4 Holben Road, Cowaramup Occupancy Permit - Cellar Door Sales

218418

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.

17/07/2017 Matt Slocomb

599 (Lot 4) Wallcliffe Rd Margaret River

Freestanding Sign

Cancelled P217429

05/04/2018 Angela Satre

Westbay Retreat Caravan Park 17B 13669 (Lot 934) Bussell Highway Augusta

Caravan Park Addition (New Caravan Bay)

Cancelled P218198

05/04/2018 Clare Hamilton

93 (Lot 3) Holben Road Cowaramup

Chalet and Recreation Private (Cooking Classes)

Approved P218200

01/05/2018 Lara Hoole

436 (Lot 106) Boodjidup Road Margaret River

Dwelling Additions (Existing Shed and Proposed Lean-to)

Approved P218240

08/06/2018 Lucy Gouws

1220 Warner Glen Road Warner Glen

Rural Workers Accommodation (Existing)

Approved P218339

25/06/2018 Matt Slocomb

5 (Lot 126) Lesueur Place Gnarabup

Holiday House (Renewal)

Approved P218374

29/06/2018 Lara Hoole

3 (Lot 151) Meleri Close Margaret River

Dwelling Addition (Water Tank)

Approved P218385

16/07/2018 Leigh Medlen

Lot 101 Osmington Road Bramley

Agriculture Intensive (Blueberry Orchard), Soak and Netting Structure

Approved P218416

30/07/2018 Leigh Medlen

66 (Lot 581) Tunbridge Street Margaret River

Dwelling Addition (Carport)

Approved P218457

06/08/2018 Eileen De San Miguel

2 (Lot 163) Laurina Place Gnarabup

Bed and Breakfast (Renewal)

Approved P218471

15/08/2018 Lisa Bell 19 (Lot 146) Elder Way Margaret River

Section 40

Approved P218492

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

02/08/2018 LM No. 12 (Lot 109) Yalgardup Place, Margaret River

Bed and Breakfast Renewal

Conditional Approval

P218466

10/08/2017 LH 12 (Lot 129) Tall Trees Court Cowaramup

Dwelling

Refusal P217493

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.

31/05/2018 Matt Slocomb

Lot 202 Beech Drive Margaret River

Local Development Plan

Approved P218337

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 Bed and Breakfast (Renewal) at No. 12 (Lot 109) Yalgardup Place, Margaret River

Major (Level 2) P218466; PTY/5074 REPORTING OFFICER : Leigh Medlen DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 1.3 hectares

Zone Rural Residential (RR18)

Existing Development √ Single House

☐ Grouped Dwelling

Nature of application √ Renewal

Proposed use A planning application has been received for the renewal of the Bed and Breakfast use at No. 12 (Lot 109) Yalgardup Place, Margaret River. As previously approved, the existing dwelling is to be used to accommodate up to four short stay guests at any one time. The existing management arrangements are to be retained and the duration of the approval sought in this case is three years.

Permissible Use Class ‘A’ – discretionary use

Advertising Required √ Yes ☐ No

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 02/08/2018

Date of Report 30/8/18

Planning History A 12 month approval (P216510) was issued on 29 November 2016 for a Bed and Breakfast for four (4) short stay guests. The Bed and Breakfast use commenced on site on 4 September 2017 which is consistent with condition 3 of the previous approval stating the approval period of the use was valid for 12 months from the date of practical completion of works to the dwelling.

Is the application same as previous?

√ Yes ☐ No

Has the application been advertised to adjoining landowners?

√ Yes ☐ No

Have there been any objections? √ Yes ☐ No ☐ N/A

Have there been any complaints over the recent period of approval?

☐ Yes √ No ☐ N/A

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

☐ Yes √ No

Submissions Received – One submission has been received from one nearby landowner.

Nature of Objection Officer Comment

1. Loss of privacy through strangers and guests overlooking into adjacent home and gardens due to no solid screening along the adjoining boundary.

There is a sufficient setback distance (45m) between adjoining properties. Whilst there is no solid fencing between the adjoining properties, the landowners of the Bed and Breakfast have undertaken extensive landscaping screening between the adjoining properties, to the extent that the vegetation forms a solid screen. It is therefore highly unlikely that any overlooking would result from the Bed and Breakfast use. Furthermore, the active habitable living areas and outdoor living spaces of the Bed and Breakfast face away from the adjoining neighbouring dwelling. The affected neighbouring dwelling, that faces the outdoor living areas, has provided support in regards to the application and has not raised any noise or overlooking concerns. Due to the existing vegetation screening coupled with the existing separation distances, the Bed and Breakfast use would have minimal adverse impact through overlooking concerns. This matter is considered to have been adequately addressed.

2. Noise disturbance from guests and their

vehicles. The access way runs directly along the entire northern side of the dwelling. Traffic movements and vehicle noise up the access way impacts the adjoining landowner as vehicle headlight shine into living area and bedroom.

3. Potential noise disturbance and loss of privacy to the southern adjoining dwelling from guests using the access way to the property & due to the location of parking areas. There is not sufficient vegetation to mitigate noise along the access way or from the car park.

4. It is a free standing holiday home joined to the primary dwelling by only a small outside path which rooms available for guests that are not located within the family home where the hosts reside.

5. I request solid fencing along this adjoining boundary to prevent vehicle headlights and mitigate noise disturbance. The access way runs directly along the adjoining neighbour boundary and is 1m away from permeable wire boundary fencing. Traffic movement down the access way has increased substantially with tourist arrivals and departures.

6. Whilst the neighbouring side has been made

more appealing and landscaped, my side is a visual eyesore. There is no retaining wall to contain rocks and earth eroding onto my plans and this does not screen the development.

The access way and parking areas are existing. The level of development on the site is consistent with the normal residential use of a premises. The use of the proposed parking bays is consistent with the normal residential use of the site and is considered acceptable. The vegetation screening and landscaping undertaken along this adjoining boundary is considered acceptable to mitigate any potential light spill from headlights into the adjoining property (refer to photos below). This matter is considered to have been adequately addressed. The dwellings have a separation distance of 35m. The B & B addition would be setback 45m from the adjoining dwelling. This setback area is screened by existing vegetation. The setback area and location of screening is considered to be sufficient to mitigate impacts from noise, vehicle use on the access way and from the location of parking areas.

A B&B use is defined under LPS1 as: “Means part of a dwelling, used for short-term accommodation providing not more than two single bedrooms and one bathroom and run by the owner/occupier of the dwelling on a commercial basis.” The application is consistent with a Bed and Breakfast use and meets all of the elements required to be considered. The landowners manage the use, it is attached to the dwelling and considered to be part of the main residence and does not provide short stay accommodation for more than 2 rooms and one bathroom. The concern is not an accurate reflection of the approved development.

Boundary fencing is not considered necessary given the existing vegetation screening along the boundary (refer to photos below). Traffic movement along the access way is not considered excessive or any different to normal residential traffic. The site has been inspected and extensive landscaping has been undertaken to ensure an effective landscape screen has been made between the adjoining properties. There was no evidence of retaining or spoil spilling into the adjoining property.

Recommended period of approval

☐ 12 months √ 3 years ☐ 5 years

Conclusion The proposal generated objections and concerns from an affected landowner. The proponent has adequately addressed the concerns raised. The landscaping along the boundary fence is considered more than adequate to address potential overlooking, noise disturbance or impacts from vehicle movements. Please see below photograph of existing screening vegetation on site.

The issues are considered to be adequately addressed and condition approval 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 Bed and Breakfast (Renewal) at No. 12 (Lot 109) Yalgardup Place, Margaret River 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 – P3 received at the Shires Offices on 2 August 2018.

2. The Bed & Breakfast use is limited to a period of three (3) years from the date this approval. (Refer to advice

note ‘a’). 3. The dwelling, in which the Bed & Breakfast use is approved, shall be occupied as a residence by the

operator of the Bed & Breakfast whenever there are one or more guests in the Bed & Breakfast. 4. The Bed & Breakfast use pursuant to this approval allows for two (2) bedrooms, one (1) bathroom and a

living room to be set aside for short stay accommodation for a four (4) guests or one family at any one

time. (Refer advice note‘d’).

5. The approved Emergency Evacuation Plan shall be displayed in a conspicuous location within the dwelling. 6. All vehicles & boats connected with the premises shall be parked within the boundaries of the property. 7. The guest accommodation shall not be self-contained. Tea & coffee facilities may be provided, but shall not

be modified/expanded to include any cooking or full kitchen facilities (refer to advice note ‘e’). ADVICE NOTES

a) Following satisfactory performance of the approved use, and in the absence of any substantiated complaints over the three (3) year approval period, the Shire may grant further planning approval for the continuation of the use for a further five (5) years. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee.

b) You are advised of the need to comply with the requirements of the following other legislation:

(i) 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.

(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.

c) If the proponents intend to supply / prepare food for guests, the Shire’s Environmental Health Unit shall be notified in accordance with the Food Act 2008 and an application form to register the food business

submitted to the Shire. (EH) d) Short stay means tourist accommodation set aside either continuously or from time to time for temporarily

living purposes but which are not occupied by the same person or group of persons for a period in excess of three (3) months in any one 12 month period.

e) The guest accommodation is approved as a component of the approved dwelling and shall not be converted

into a self-contained unit. A self-contained unit on a lot is classed as a ‘chalet ‘. A Chalet is not permitted in the residential or rural residential zone.

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

Proposed Dwelling: 12 (Lot 129) Tall Trees Court, Cowaramup

Major (Level 2) P217493; PTY/9406

REPORTING OFFICER : LH DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 463sqm

Zone Residential (R40)

Proposed Development Planning approval is sought for a three storey dwelling consisting of:

Basement – Entertainment, Bed 3, Wine Cellar, Laundry/Bath, PDR and Stairwell;

Ground Floor – Terrace, Living Kitchen, Bed 1, Bed 2, Bath/WC, Stairwell and Garage; and

First Floor – Roof Deck, Master Bed, Bath/WC, Stairwell and Balcony.

Permissible Use Class ‘P’ (permitted).

Heritage/Aboriginal Sites Not listed.

Encumbrance Restrictive covenant benefit/burden (developers building design standards);

Notifications x 2 (Lots in a Rural Area and Fire Management Plan)

Caveat (National Trust WA managing adjoining reserve)

Date Received 10/08/2017 (Amended plans were required on three occasions during the processing of the application due to insufficient or inadequate details being provided or concerns raised to variations proposed. Revised plans were received most recently on 17 July 2018)

Aerial 1 (Location Plan)

The Site

Aerial 2

Aerial 3

Policy Requirements

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

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 ‘Cowaramup Village Development Concept Plan’ adopted 22 July 2002.

Officer Comment

The site is identified for village artisan lot with apartment above. The lots were envisaged to be part of village artisan centre. The area has been slow to develop, with limited owners taking the opportunity to develop galleries and /or home businesses. The majority of the sites developed are for residential purposes such as this site, but has the opportunity to apply for home business or home occupation.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?

√ Yes ☐ No ☐ N/A

Has a submission been received by Council? Two objections were received.

√ Yes ☐ No ☐ N/A No. received: 2

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

Comments Received Officer Comment

Built Form

Unique Barn style house will add to the street appeal.

Hemp Crete has great noise and environmental properties and double glazing is good on such small blocks.

Built Form Noted.

The Site

Potential Overlooking Ground Floor Balcony

Potential

Overlooking

Ground Floor

Bedroom 1 &

Bedroom 2

Ridge Height

Object to 9.15m ridge height, over shadowing and overlooking impacts.

Overshadowing

Very tall. Living in a shadow will be an issue. It will be like living next door to a high rise apartment.

68.67% of overshadowing on the adjoining property to the south is excessive, well above 35% RCodes standard.

The area shadowed will be permanently shaded and damp as a result of the wall.

Floor Area

Object to overall size of the house in all dimensions, width, length, height, approximately 620m2 of living area in a house on a 420m2 block.

Extent of Variations

9 variations is excessive.

Visual Impact

The house will be the highest, longest, widest house when viewed from numerous locations. The propose dwelling has 3 decks to access views of the reserve, whilst the building bulk of the dwelling will obstruct views from surrounding properties.

Barn style houses do not suit small blocks of land as the house will dominate the street and the rear of the blocks as viewed from public open space.

The house would be more suitable on a larger block to provide the appropriate scale of the proposed dwelling.

The length of the house will totally dominate the left side of my house in relation to view, noise and natural light.

Southern Boundary Wall

Impacts from length and height of the south wall at the front of the house. The front section of the 14m long should be reduced to 9m and the overall length of the house reduced to length of adjoining residence to the south.

Objection to the boundary wall proposed. The side boundary wall will have a large featureless wall facing my property and will detract from our house.

Structural Engineering

Hemp Crete (building material) needs to be proven safe and fully compliant.

The size and height of the construction of the house requires a structural engineer to confirm the house will collapse inwards if burnt and not to apply onto other residents.

Extensive earthworks on the common boundary and request that a survey of my house is conducted by a third party before and after to confirm no damage has occurred.

Ridge Height Revised plans show amended ridge height from 9.15m to 8m from natural ground level. Overshadowing A revised overshadowing diagram was submitted in response to the concerns raised showing reduced overshadowing of 63% of the adjoining southern lot. The applicant has submitted a shadow diagram that estimates a 301m² of shadow will be cast on the adjoining 470m2 property during the winter solstice. The information provided demonstrates that the proposal will overshadow solar panels on the neighbouring southern dwelling and the existing outdoor living areas and habitable rooms of the southern dwelling. Overshadowing is discussed further below in the report. The impact of overshadowing to the amenity of the neighbouring property and the extent of the variation proposed do not meet the relevant design principle of the RCodes and is considered unacceptable. Floor Area Noted, however plot ratio (the gross total area of all floors of buildings on a development site) is not a standard for assessment of single dwellings at the R40 density code. Extent of Variations Variations to the acceptable development standards of the RCodes are assessed against the relevant design elements. Visual Impact The reduce height to 8m complies with the Local Planning Scheme No. 1 maximum ridge height standard and coincides with the height of two existing dwellings in the street. Access to a view is not a planning consideration. The impact of the proposal in terms of overshadowing, overlooking, streetscape and bulk and scale is discussed further below. The proposal involves variations to the acceptable development standards of the Rcodes in relation to these points as discussed below. Southern Boundary Wall The southern boundary wall is 14.2m long, with an average wall height of 3.75m. The ridge height of the roof is up to 8m above natural ground level. Walls on a common boundary are required to be finished in a colour to the satisfaction of the adjoining landowner, or, in the case of a dispute to the satisfaction of the Shire. Structural Engineering The structural integrity of the development would be dealt with through the Building Code of Australia (BCA) and details will be required at the time of application for a building permit. The revised plans increase the excavation up to 3.6m below natural ground level to reduce the ridge height to 8m. Excavation is assessed under the RCodes at clause 5.3.7 as site works (see comments below) and the stability of the excavation works are dealt with through the building permit process.

Large drops of over 1 metres high during construction, the excavations will need temporary solid fencing erected for safety on the boundary at the cost of the landowner.

Construction Staging

First building stage needs to be completed and if built in two stages, the first stage should be completed 100% before starting the second stage.

Site Storage

All caravans, sea containers , building materials are removed or made safe as they are not required and remain in a neat order.

Off Site Impacts

Vegetation on neighbouring properties and public space should remain intact and not damaged.

Occupation

How many people will be living in the house? Is there adequate parking bays?

Overlooking/Privacy

Object to first floor outdoor living area, bathroom and rear balcony at nil setback to the southern boundary due to overshadowing, overlooking and privacy impacts.

Objection to the potential overlooking to the north and south from the raised outdoor living area.

Stormwater

No gutters or demonstration of capture of stormwater.

Construction Staging The matter of staging the development is for the developer and construction is required to be completed in accordance with the BCA. Site Storage Occupation of a caravan on a site is permitted for no more than 3 nights in 28 days pursuant to the Caravan and Camping Ground Regulations. A site office may be permitted (under Buildings Regulations) during construction however a building permit has not been granted. Accordingly, the structures are not permitted and the matter will be dealt with as a separate compliance matter. Off Site Impacts Impacts to vegetation to the adjoining reserve are a matter between the landowners and the National Trust. Use of the adjoining verge area is dealt with under the Shire’s local laws which is a separate matter to the subject application. Occupation The applicant advised that 5 people will be residing in the dwelling. The proposal complies with the RCodes in relation to parking and two car bays have been provided. Overlooking/Privacy The revised plans includes privacy screening to a height of 1.6m from finished floor level around the first floor of the outdoor balcony, the sides of the ground floor rear balcony. Notwithstanding, the proposal involves variations to the acceptable development standards in relation to privacy and overlooking. The proposal includes a basement deck area setback 5m from the rear boundary and 400mm from the southern side boundary. There is potential to overlook 15m² of the back corner of the adjoining lot to the south (refer to aerial photos above). The ground floor balcony is setback 7.9m from the rear boundary. Privacy screening is proposed along the sides of the deck area, however, the rear deck will potentially overlook of the adjoining properties to the north and south. The proposal involves variations to the acceptable development standards in relation to privacy, overlooking and overshadowing. The proposal has been assessed and does not meet the relevant design principles and is considered unacceptable in this regard (refer to aerial photos above). Stormwater The applicant advised that there are gutters and a box gutter on the boundary wall. Notwithstanding stormwater is required to be detained and managed on site.

Has the application been referred to internal departments?

☐ Yes √ No ☐ N/A

Assessment of Application

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

Are there any Contributions applicable? ☐ Yes √ No

Are there any compliance issues in relation to existing development? ☐ Yes √ No

R Codes

Are R Codes applicable? √ Yes ☐ No

Design Principle

RCodes Req Provided Officer comment

Front Setback 4m 4m Complies

Side Setbacks Basement Entire Wall: 1.5m Basement Nil Boundary Wall Setback Section Only:

i) One side only; ii) Max. length: 28.4m iii) Max. wall height: 3.5m iv) Max. average wall

height: 3m Ground Floor ( with Balcony) North: 6m South: 6m Ground Floor (no Balcony) North: Garage, Bed Room1 & Bedroom 2 only: 3.9m South: 3.3m Ground Floor Nil Boundary Wall Setback Section Only:

i) One side only; ii) Max. length: 28.4m iii) Max. wall height: 3.5m iv) Max. average wall

height: 3m First Floor (with Balcony) North: 5.7m South: 5.7m First Floor (no Balcony) No walls on northern side. First Floor Nil Boundary Wall Setback Section Only:

i) One side only; ii) Max. length: 28.4m iii) Max. wall height: 3.5m iv) Max. average wall

height: 3m

North: 1.35m South: 1.5m South: Nil

i) Southside only; ii) 14.2m

iii) 1.23m

iv) 0.4m

North: 1.35m South: 1.5m North: 1.5m South: 3.9m South: Nil

i) South side only; ii) 14.2m

iii) 3.97m

iv) 3.14m

North: 3.5m South: 2.2m South: Nil

i) South side only ii) 14.2m iii) 5m

iv) 4.16m

Variation Complies Complies Complies Complies Complies Variation Variation Variation Variation Complies Complies Variation Variation Variation Variation Complies Complies Variation Variation

Rear Setback Basement Including Stairs : 1.1m Basement Elevation: 1.5m Ground Floor: 2.5m First Floor: 3.5m

5.6m 11.5m 7.91m 18.8m

Complies Complies Complies Complies

Driveway Width

3m to 6m 5m Complies

Garage Width Not exceed 60% of frontage. 50% Complies

Retaining Walls and Fill

Not exceed 500mm on a boundary. North: 700mm South: 800mm

Variation Variation

Outdoor Living Area

20m² 62m² rear yard; 33m² under croft deck area 28m² ground floor deck; 27.5m² roof deck

Complies

Open Space Requirement

45% 52.5% Complies

Upgrade Landscaping

☐ Required √ Not Required

Overlooking √ Yes ☐ No

Potential overlooking from the following: i) Ground Floor Northern Elevation (Bed Room 1 and Bedroom 2 – 25m²); ii) Ground Floor Northern Elevation (Balcony Terrace – 12m²); and iii) Ground Floor Southern Elevation (Balcony Terrace – 11m²).

Refer to aerial photo above.

Street surveillance

√ Yes ☐ No

Street Walls and Fences

☐ Yes √ No

Overshadowing

√ Yes ☐ No

Officer comments against design principles

Clause 5.3. 8 Retaining Walls The proposed retaining walls respond to the steep topography of the site and steps down continuously along the north and south boundary. The retaining walls generally stay within the maximum 500mm height standard of the retaining wall of the RCodes. It is considered that the height of the retaining walls above natural ground level will not detrimentally affect adjoining properties. Clause 5.1.3 Lot Boundary Setbacks The proposed development will have unacceptable building bulk and overshadowing impacts to the adjoining southern property. In particular the impacts arise due to the proposed high wall with a nil boundary setback on the southern side boundary, the height of the building (up to 8m), the highest part of the building located on the highest part of the property, the length of the building (33m long), and steep roof pitch (65 º). Contributing to the impact is the topography and the lot lay out of the area. These factors include:

i) Narrow long lot shape; ii) East/west lot orientation; iii) The fall on this site and neighbouring site to the south is 5.5m, sloping from the

east to the west; The proposal fails to meet the design principles of the Rcodes at clause 5.1.3 due to excessive building bulk, overlooking, adverse impact to sunlight and ventilation to the southern adjoining lot and the negative impact the development would have to the prevailing development context and streetscape. Clause 5.4.2 Solar Access The proposal will result in 64% overshadowing to the adjoining southern property which is a variation to the 35% acceptable development standard under the Rcodes at clause 5.4.2. The shadow will be cast over the habitable rooms, major openings and solar panels shown on the approved development plans for the southern dwelling. As such the proposal does not meet the design principles under the Rcodes at clause 5.4.2 and is considered unacceptable in this regard. The proposed three storey dwelling has not been designed to considered the topography, dimensions and orientation of the lot and the adjoining lots. The proposed development will cause unacceptable impacts to the adjoining lots to the north and to the south and therefore does not meet the design principles of the Residential Design Codes.

Development Standards (Schedule 9)

Are the Development Standards applicable? ☐ Yes √ No

Car Parking

R Codes Requirement Car Bays Required - 2 Car Bays Proposed -2

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

Building Height

Scheme Requirement Wall - 7 m Roof - 8m

State the proposed building height Wall – 5.1m Roof - 8m

√ 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

No. The proposed development does not comply with Clause 67 matters to be considered (a) (f) (m) and n(ii),

B. In the opinion of the officer:

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

Yes.

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

N/A Residential lot under 2000m² are permitted to be cleared under Local Planning Scheme No.1 without requiring planning approval.

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?

Yes.

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

Addressed at Building Permit stage.

Officer Comment

The proposed dwelling does not comply with the Local Planning Scheme no. 1 and the ‘design elements’ of the Residential Design Codes. The proposed building bulk, overshadowing and loss of privacy will cause detrimental impacts to the amenity of adjoining landowners and the application is therefore recommended for refusal.

OFFICER RECOMMENDATION That the Acting Statutory Planning Coordinator refuses to grant development approval under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Dwelling at 12 (Lot 129) Tall Trees Court, Cowaramup for the following reasons: REASONS FOR REFUSAL

1. The proposal is inconsistent with the purpose of the Residential Zone, to conserve and enhance the amenity and sense of place of residential areas, due to the unreasonable adverse impact the development will have to adjoining properties and to the streetscape.

2. The proposal is inconsistent with the Deemed Provisions of Local Planning Scheme No. 1, Matters to be

Considered, at clause 67 with specific regard to the following subclauses: (a) The proposal is inconsistent with aims and provisions of Local Planning Scheme No. 1 namely

the purpose of the Residential Zone. (b) The proposal is inconsistent with the orderly and proper planning of the Scheme area by virtue of

the unreasonable adverse impact it will have to neighbouring properties and the streetscape as determined under State Planning Policy 3.1 Residential Design Codes.

(c) The proposal does not meet the design principles under State Planning Policy 3.1 Residential Design Codes and is unacceptable in this regard.

(d) The proposal is incompatible with its setting including the relationship of the development to development on adjoining land or on other land in the locality due to the height, bulk, scale, orientation and appearance of the proposal.

(e) The proposal is considered to have an adverse impact to the amenity of the locality including to the character of the locality.

(f) The proposal is unacceptable when considered with regard to the submission(s) of objection received during the notification period.

3. The proposal does not meet the design principles of State of Planning Policy 3.1 Residential Design Codes

at the following specific clauses: a) Clause 5.4.1 Visual Privacy due to overlooking to the adjoining northern and southern properties. b) Clause 5.4.2 Solar Access due to excessive overshadowing of the southern adjoining site and the

adverse impact caused to habitable rooms, outdoor living areas and solar panels for the neighbouring dwelling.

c) Clause 5.1.3 Boundary Setbacks due to the adverse impact arising to the amenity of neighbouring properties due to excessive building bulk, obstruction to ventilation and sunlight to the southern property and loss of privacy to the northern and southern properties.