development assessment unit on 17 march 2020 …

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River

On 17 March 2020

ATTENDANCE

Matt Cuthbert, Devin Moltoni, Chris McAtee, Chris Wenman, Jason Heine PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

09/03/2020 A2602 14 (Lot 65) Le Souef Street, Margaret River Holiday House (Large) P220160

09/03/2020 A3307 114 (Lot 502) Bussell Highway, Margaret River

Tavern (Temporary Event) P220161

09/03/2020 A9166 8 (Lot 1) Brockman Road, Cowaramup Bed and Breakfast P220162

10/03/2020 A2243 47 (Lot 50) Terry Drive, Margaret River Holiday House P220163

10/03/2020 A11746 Lot 900 Leschenaultia Avenue, Margaret River

Sales Office P220164

10/03/2020 A11757 2 (Lot 111) Andrews Way, Margaret River Additions P220165

10/03/2020 A12769 86 (Lot 207) Ashton Street, Margaret River Dwelling, Granny Flat and Outbuilding (Shed)

P220166

11/03/2020 A9912 5 (Lot 100) Station Road, Margaret River Holiday House P220167

11/03/2020 A8572 942 (Lot 3936) Rosa Glen Road, Rosa Glen

Dam P220169

11/03/2020 A11681 14 (Lot 240) Stoneman Street, Margaret River

Family Day Care (Renewal) P220170

11/03/2020 A7965 11 (Lot 123) Lesueur Place, Gnarabup Outbuilding (Garage) P220171

12/03/2020 A9039 412 (Lot 412) Brockman Highway, Karridale

Outbuilding (Hay Shed) P220178

13/03/2020 A1954 335 (Lot 3146) Rowe Road, Witchcliffe Holiday House P220179

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

10/03/2020 A11636 100A Turner Street, Augusta Shed 220098

09/03/2020 A12673 6A Lot 642 Elva Street, Margaret River Single Dwelling 220102

09/03/2020 A12870 41 Lot 36 Brookside Boulevard, Cowaramup

Single Dwelling 220103

09/03/2020 A7554 1 Percheron Place, Margaret River Demolition - Single Dwelling 220104

09/03/2020 A7554 1 Percheron Place, Margaret River Single Dwelling & Shed 220105

10/03/2020 A12862 47 Lot 39 Brookside Blvd, Cowaramup Shed 220106

10/03/2020 A3659 194 Blackwood Avenue, Augusta Occupancy Permit - Leeuwin Frail Aged Lodge

220107

10/03/2020 A12724 13 Lot 356 Mc Cormick Cres, Margaret River

Additions to Alfresco 220108

11/03/2020 A12720 9 Duncan Street, Margaret River Shed 220109

12/03/2020 A12765 98 (Lot 203) Ashton Street, Margaret River Single Dwelling 220111

13/03/2020 A9039 412 (Lot 412) Brockman Highway, Karridale

Shed 220112

13/03/2020 A9931 14 (Lot 60) Investigator Avenue, Augusta Single Dwelling 220113

13/03/2020 A12836 65 (Lot 232) McDermott Parade, Witchcliffe Single Dwelling 220114

SUBDIVISIONS DETERMINED

Nil LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

03/12/2019 Clare Hamilton

4 (Lot 2) Formosa Street, Margaret River

Grouped Dwelling Approved P219748

12/12/2019 Lucy Gouws

21 (Lot 28) Waters Edge, Margaret River

Holiday House (Renewal) Approved P219788

23/01/2020 Clare Hamilton

7 (Lot 363) Winton Street, Margaret River

Single Dwelling - Addition (Outbuilding)

Approved P220052

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

28/01/2020 DM Lot 722 Connelly Road, Margaret River

Proposed Building Envelope Variation

Approve P220058

26/11/2019 DM 22 (Lot 59) Osborne Street, Gracetown

Proposed Dwelling Approve P219717

28/01/2020 DM 45 (Lot 9) Doyle Place Margaret River

Proposed Building Envelope Variation

Approve P220063

MANAGEMENT OF VEGETATION ON SHIRE RESERVES

Nil

LOCAL LAW PERMITS

Nil OTHER APPLICATIONS determined under delegation

Nil ELECTED MEMBERS ATTENTION

Nil CLOSURE OF MEETING

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

Proposed Single Dwelling - Building Envelope Variation at Lot 722 Connelly Road, Margaret River

Major (Level 2) P220058; PTY/12632

REPORTING OFFICER : DM DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 1.49 Ha

Zone Rural Residential

Proposed Development Proposed minor relocation of building envelope for a single dwelling.

All setback requirements are proposed to be met.

BAL 29 maintained for indicative building site.

Permissible Use Class Not a use class, any building envelope variation requires planning approval.

Heritage/Aboriginal Sites No

Encumbrance Easement: x2 burden- not impacted

Date Received 28/01/2020

http://intranet/Logos/Forms/AllItems.aspx

Policy Requirements

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

Structure Plans and Local Development Plans (LDP’s)

Is the land in any Structure Plan Area or subject to a LDP? ☐ Yes √ No

If yes, state the Policy/Policies RR29, Structure Plan Lots 72 and 73 Kevill Road, Margaret River

Officer Comment

No provisions from the above apply to the proposed development.

Planning History

None.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?

√ Yes ☐ No ☐ N/A

Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: 2

Details of Submission Officer Comment

Two of the five neighbouring property owners made a submission. One letter of support that acknowledged the proposal will allow for preservation of existing vegetation on the site, protects privacy and will minimise noise.

One letter of objection was received and the primary issues raised related to the location and use of the driveway, the location of the envelope from the side boundary and works being carried out on the site.

Submission of support and the comments within it are noted. The proposal presents only a minor reorientation to the location of the building envelope; this change has not impacted the location of the driveway. The applicants are willing to provide additional landscaping, and this will be addressed by a condition of the planning approval. The location of the building envelope complies with the side setbacks requirements of the LPS1. A site inspection confirms that no work on the site in relation to the dwelling has been carried out. A driveway and

firebreak has been installed. It was confirmed that no illegal development has taken place.

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 Element Policy / R Codes Provided Officer comment

Development Standards (Schedule 9)

Are the development Standards applicable? √ Yes ☐ No

Officer Comment All standards of Schedule 9 are proposed to be met:

An 89m front setback is proposed while Schedule 9 requires only 30m

A 10m East side boundary setback is proposed while 10m is the minimum required under Schedule 9.

The West side boundary setback is well in excess of the required 10m.

A rear setback of 20m is proposed which meets the 20m rear setback requirement under Schedule 9.

Car Parking

Officer Comment Parking is not applicable to the proposed dwelling.

Building Height

Officer Comment No buildings are proposed within this application.

Clause 67

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

Yes, as planning approval is required by the Scheme for building envelope variations.

In the opinion of the officer

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

N/A

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

Yes, the proposed new building envelope location will allow for greater preservation of existing vegetation on the site.

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

N/A

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

No

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

N/A

Other Comments

Any further comments in relation to the application?

Officer Comment

Conditional approval is recommended.

OFFICER RECOMMENDATION That the Manager of Planning and Development Services GRANT Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for building envelope variation at Lot 722 Connelly Road 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 received by the Shire on 28 January 2020

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from the

date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained.

3. The revised building envelope hereby approved, wholly replaces that previously applicable to the site.

4. Clearing of vegetation is prohibited outside the building envelope, unless in accordance with the Bush Fires Act 1954 or required for the purpose of constructing an approved driveway, installing essential services, or removing dead or dangerous trees.

5. Prior to the lodgement of a Building Permit for the dwelling a Landscape Plan shall be prepared and submitted

to the Shire. The Landscape Plan shall be drawn to scale and shall show the following: a) The location, name and mature heights of existing and proposed trees and shrubs and ground covers; b) Any natural landscaped areas to be retained; and c) Those areas that are to be reticulated or irrigated are demonstrated to be designed using water sensitive

principles.

6. Landscaping shall be implemented, in accordance with the approved Landscape Plan, prior to occupation/use of the development and shall be maintained at all times.

ADVICE NOTES

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

(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011;

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

(iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this property.


Proposed Single Dwelling at 22 (Lot 59) Osborne Street, Gracetown


REPORTING OFFICER : Devin Moltoni DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 995m2

Zone Residential R15

Proposed Development Proposed demolition of existing dwelling and construction of new dwelling: The original design presented a number of significant variations, these included:

i. A dwelling that exceeded the 7m wall height and 8m roof height limits ii. Retaining built to a height of 1.21m adjacent to the boundary iii. A side boundary setback variation

5 submissions were received during the advertisement. Subsequently the application was redesigned and amended to comply. The only variation to be assessed is to the side boundary setback.

Permissible Use Class P- permitted


Encumbrance No



Policy Requirements




Planning History

Extension to the existing deck was approved in 2002.

Freestanding studio and workshop dwelling additions with retaining and two (2) water tanks was approved in 2015.

Amendment to the abovementioned dwelling additions approved in 2015. One (1) water tank approved instead of two (2) and changes to situation and areas within the studio addition were approved.





No. received: 5


1 submission of support and 4 that raised objections. Summary of issues raised by objectors: Submitters objected to the wall and roof height limits being exceeded, the side boundary setback variation and the retaining wall side boundary setback variation.

Submission of support is noted. In response to the concerns raised within the submissions the dwelling has been redesigned to reduce both the wall and roof height to comply with the height standards of the LPS1. The location of the dwelling has also been revised to comply with the side setback; and the height of the retaining wall reduced from 1.21m to 0.8m.

The modifications address the concerns raised by the submitters.




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

R Codes

Are R Codes applicable? √ Yes ☐ No

Design Element Policy / R Codes Provided Officer comment

Front Setback 6m 6m Complies

Sides Setback South Western Wall

1.2m 1.2m Complies

North Eastern Side Boundary Setback

3.4m 7.3 Complies.

South Western Wall 2 (Retaining)

1m Nil Complies

North Eastern 6.2m 10.3m Complies

North Eastern (Retaining) 1m 10.66m Complies

Rear Setback 6m >6m

Driveway Width Not wider than 6m or narrower than 3m at the boundary.

No proposed changes to existing crossovers

Open Space Requirement 60% >60%

Upgrade Landscaping ☐ Required √ Not Required

Overlooking ☐ Yes √ No

Street surveillance √ Yes ☐ No

Street Walls and Fences ☐ Yes √ No

Overshadowing ☐ Yes √ No

Other Variations √ Yes ☐ No

Officer’s Comments against performance criteria

A side setback variation is proposed on the South Western boundary for a retaining wall to a height of 0.8m. This variation is recommended for approval given that:

The retaining is a necessary to respond to the slope of the site. The retaining wall is to be built up to a boundary that abuts a public pedestrian access way. The wall to a height of 0.8m does not present any impacts to adjoining landowners. This area is for an area associated with the laundry, and does not present any overlooking issues.


Are the development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - 2 Car Bays Proposed -2

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

Turning Bay/Circles and vehicle manoeuvring

√ Complies ☐ Doesn’t Comply

Disabled Bays Disabled Bays – N/A ☐ Complies ☐ Doesn’t Comply

Building Height

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

State the proposed building height

Wall – 6.6m Roof – 8m

√ Complies ☐ Doesn’t Comply

Officer Comment Complies with height limits.

Clause 67


Officer Comment Yes.



Yes

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

Yes. No vegetation removal is proposed.

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

N/A

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

No. The initially submitted plans have been amended so that they are now compliant with height limits and side boundary setback provisions. The only variation currently proposed is to a minor side boundary setback variation for a retaining wall. As discussed, this variation is not expected to detrimentally impact on the amenity of the area.

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

Yes. The site is zoned residential and is less than 1100m2 and is therefore exempt from planning requirements generated by SPP3.7. It is expected that the dwelling will be able to meet AS3959 requirements at the building permit stage.

Other Comments


Officer Comment Conditional approval is recommended.

OFFICER RECOMMENDATION That the Acting Manager of Planning and Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Single Dwelling at 22 (Lot 59) Osborne Street Gracetown subject to compliance with the following conditions: CONDITIONS



P1 - P5 received at the Shire on 11 March 2020

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from the date of

this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained.

3. The dwelling shall not exceed an overall height of 8 metres nor exceed a wall height of 7 meters as measured from the natural ground level as required by the Local Planning Scheme No.1.

4. A licenced surveyors report shall be submitted to the Shire within 30 days of completion of the building to confirm compliance with the maximum height limit.

5. All stormwater and drainage run-off from the development shall be detained within the lot boundaries, managed to pre-development flow regimes and/or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River Standards & Specifications.

ADVICE NOTES






Proposed Building Envelope Variation – Outbuilding at 45 (Lot 9) Doyle Place, Margaret River


REPORTING OFFICER : DM DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 3 Ha

Zone Rural Residential

Proposed Development Proposed building envelope enlargement to provide for an outbuilding:

Proposed extension of the building envelope southwards by 3m, and no additional width.

Proposed increase in the total building envelope from 1999m2 to 2112m2 to allow for the future development of an outbuilding (shed).

Illegal development on the subject site to be dealt with in the process of this application. Illegal development on the site includes three (3) shipping container outbuildings, a permanent refrigerated truck trailer and an illegal outbuilding structure used as a dwelling in the past while the house was being built.

Permissible Use Class Building envelope is not a use class. Any variation of the building envelope requires development approval.


Encumbrance None



Policy Requirements




If yes, state the Policy/Policies RR 35, Endorsed Structure Plan

Officer Comment

RR 35 contains provisions relating to potential subdivision but does not relate to the proposed development. A subdivision of the subject lot into three (3) Rural Residential lots is close to being finalised but does not affect the current application.

Planning History

Dwelling approved in 1998.

Outbuilding (shed) approved in 1991.

Shed extension, ancillary dwelling and building envelope approved in 2016. A building envelope had not been designated on the site prior to this approval.

Scheme amendment no.45 approved in 2019. This relates to the abovementioned RR35 designation and associated structure plan. This does not affect to the proposed development.

Subdivision approved in 2019. This does not affect the current proposal. The subdivision process is underway.





No. received: 2


The summary of issues raised by submitters includes: Two of the surrounding four neighbouring property owners raised objections. The primary issues raised by objectors relates to the potential impact of the proposal on visual amenity and the high level of development which is present upon the lot.

The concerns from neighbours are considered to be heightened by the high level of existing and non-compliant development on the site. This can be resolved via a condition of approval (see compliance section below)

One objector raised concern regarding tree removal along a side boundary.

The minor increase to the building envelope creates vacant space for the future development of a shed, in the centre of the lot where is will be located as far away as is possible from surrounding neighbours thus negating any amenity impacts.

The vegetation that has been removed on the boundary has been required in order to meet the conditions of the approved subdivision. Therefore this clearing is considered acceptable.




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

Following concerns raised by objectors, a site inspection has been undertaken and confirmed there is existing illegal development on the site. This existing illegal development includes three (3) shipping container structures, refrigerated trailer top and the shed structure in the Southern portion of the lot. The proponent has provided a written commitment to remove all illegal development within 60 days of approval. A condition is recommended that allows the Shire to enforce this.

R Codes

Are R Codes applicable? ☐ Yes √ No


Are the development Standards applicable? √ Yes ☐ No

Officer Comment All standards of Schedule 9 are proposed to be met.

Car Parking

Officer Comment The proposed building envelope variation does not alter parking requirements.

Building Height

Officer Comment The proposal does not include any buildings.

Clause 67


Officer Comment

Yes.

It is noted that the proposed building envelope extension will result in the building envelope exceeding the 2000m2 limit under 4.22.2 (e), as total area of 2112m2 is proposed. However, support for this variation is recommended as it is not expected to negatively impact on the amenity of surrounding landowners or compromise the objectives of the zone. This takes into account the following:

The building envelope extension is only a minor matter of 3m.

The building envelope extension will allow for small scale outbuilding development in association with the existing ancillary dwelling.

The area of the building envelope extension is well screened by existing vegetation to the Eastern and Southern lot boundaries. There is less, but still considerable vegetation screening to the Western boundary. The Western adjoin lot is currently undeveloped. Any visual impact in future is expected to negligible and there will not be an immediate impact.



N/A

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

Yes, the proposed building envelope variation extends the envelope on to land that contains no vegetation.

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

N/A

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

No

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

N/A

Other Comments


Officer Comment

Conditional approval is recommended.

OFFICER RECOMMENDATION That the Manager of Planning and Development Services GRANT Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for building envelope variation at 45 (Lot 9) Doyle Place Margaret River subject to compliance with the following conditions: CONDITIONS



P1 received by the Shire on 28 January 2020

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from the

date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained.

3. All illegal development on the subject site shall be removed within a period 60 days following the date of this approval. Upon the completion of the removal of the illegal development the proponent shall notify the Shire in writing.

4. The revised building envelope hereby approved, wholly replaces that previously applicable to the site.

5. Clearing of vegetation is prohibited outside the building envelope, unless in accordance with the Bush Fires

Act 1954 or required for the purpose of constructing an approved driveway, installing essential services, or removing dead or dangerous trees.

ADVICE NOTES





development assessment unit on 17 march 2020 …

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