item dac report date application no applicant proposal … · 2015. 1. 23. · item dac report (1)...

ITEM DAC REPORT (1)

DATE 16 January 2015

APPLICATION

NO

361/2011/2014/2X

APPLICANT Mr & Mrs Warren & Linda Nagel

PROPOSAL GARAGE & CARPORT

LOCATION 29 Avocet Drive, Mawson Lakes

AUTHOR Ben Green (Planning Consultant) on behalf of Salisbury Council

DEVELOPMENT APPLICATION DETAILS

Zone/Policy Area Multi-Function Polis (The Levels)

Application Type Consent (on merit)

Public Notification Representations received : 3

Representations to be heard : 1

Referrals - Statutory Nil

Referrals – Internal Nil

Development Plan Version Salisbury (City) Development Plan

Consolidated 20 March 2014

Assessing Officer Ben Green

Recommendation Approval with Conditions

DAC Meeting Date 22 January 2015

REPORT CONTENTS

Assessment Report

Attachment 1 : Application Drawings and Supporting Information

Attachment 2 : Representations received

Attachment 3 : Applicant’s response to representations

EXECUTIVE SUMMARY

The application proposes a consent “on-merit” form of development at 29 Avocet Drive,

Mawson Lakes and involves the construction of a domestic garage and carport in the rear

yard of the property. The subject land is a corner allotment with access to the rear yard via a

set of existing double gates and an existing paved crossover. There is an existing outbuilding

in the rear yard which will be demolished in order for the proposed development to occur.

The application was deemed to be Category 2 for Public Notification purposes as the

structure is sited less than 900mm from the common boundary line to the south and east.

ITEM DAC

REPORT (2)

DAC REPORT 22/12/2014

DESCRIPTION OF THE PROPOSED DEVELOPMENT

Development Plan Consent is sought for domestic garage and carport in the rear yard of the

subject land. The garage will effectively be behind the carport when viewed from the street.

The development more specifically portrays the following attributes:

7.0 metre x 6.045 metre x 2.7 metre high garage of steel construction.

6.045 metre x 6.045 metre x 2.7 high metre attached carport of steel construction.

Total area of structure is 78.6m2.

Garage roof pitch at 22.5 degrees with gable end. Gable end fronting street will be in-

filled with lattice.

Flat roof carport - nominal pitch to allow stormwater run off.

Double sliding doors to garage under carport end.

Aluminium sliding door to side of garage to provide access to rear yard.

Garage and carport to be sited between 295mm and 540mm from the secondary street

frontage, 600mm from the rear (southern) boundary and a minimum of 600mm from

the eastern side boundary tapering to approximately 2.300 metres

Proposed colours:

o Walls: Classic Cream Colorbond

o Roof: Grey Colorbond

o Gutters: Night Sky Colorbond

o Downpipes: Classic Cream Colorbond

o Doors: Classic Cream Colorbond and powder coated.

BACKGROUND

A previous Development Application for a garage and carport was recently refused by

Council prior to the lodgement of this application. That application (361/1135/2014/2X)

proposed a bulkier hipped roof design and was sited on the southern common bounday. It

was refused by Council under delegation as ‘the proposed development has a front and side

setback that is incompatible with the streetscape and the locality resulting in a development

that would impair the amenity of the locality…’

The Applicant has since revised the proposed development by increasing the setback from the

southern and eastern boundaries, amendeding the hipped roof form on the garage to a gable

end roof form, and removing the proposed hipped roof form altogether from the proposed

carport in lieu of a flat roof design. The revised plans have been prepared to reduce the bulk

and scale of the proposed development and to better complement the streetscape.

SUBJECT LAND

SITE INFORMATION DATA

Site Address 29 Avocet Drive, Mawson Lakes

Title information 5898/66

Site Area 616m2

Site Dimension Frontage : approx. 27 metres Depth : approx. 30 metres

Site configuration Regular

Site gradient Flat

Existing structures Detached dwelling – double storey with garage/outbuildings

Existing vehicle access Dual access from Avocet Drive

ITEM DAC

REPORT (3)


Easements Nil

Flooding propensity Nil

Trees – Significant Nil on or adjacent site

Trees – Regulated Nil on or adjacent site

Street Infrastructure

Crossover Existing

SEP Yes – no impact

Electricity pole Nil – Street light on corner – no impact

Telecommunication pit Not visible

Gas Not known

Water Not known

Street Trees Semi-mature street trees existing – no impact

LOCALITY Locality Map

The locality is extensively residential in nature and contains predominantly larger detached

dwellings with high levels of site coverage and associated outbuildings on various sized

allotments with generous frontages. The locality portrays a conventional residential

allotment pattern that provides for ample curtilage around dwellings. Street trees and

plantings are evident throughout the locality so too are a number of well maintained yards

and properties. The locality has the appearance of a pleasant environment in which to live.

ITEM DAC

REPORT (4)


Site Photographs

View looking north-east along Avocet Drive toward subject site (centre of photo).

View of subject site and neighbours front yard of 27 Avocet Drive

ITEM DAC

REPORT (5)


View looking south-east along secondary street boundary of subject and site of proposed carport and

garage.

Front on view of site of proposed carport and garage from Avocet Drive

ITEM DAC

REPORT (6)


CHARACTERISATION AND PUBLIC NOTIFICATION

The proposed development was determined to be a Category 2 form of development pursuant

to Schedule 9 Part 2, 20 of the Development Regulations 2008. The proposed development is

not considered to fall within the ambit of Part 1 of Schedule 9 as the garage and carport are

situated less than 900mm (proposed to be 600mm) from a common (southern and eastern)

boundary. The proposed development is furthermore not listed as a non-complying form of

development in the Multi-Function Polis (The Levels) Zone, and therefore is deemed to be a

Category 2 form of development.

PUBLIC NOTIFICATION

As the application was deemed to be a Category 2 development for the purposes of public

notification, letters were sent to adjoining land owners inviting them to make comment on the

proposed development in accordance with the requirements pursuant to Section 38 and

Schedule 9 of the Development Act 1993 and Development Regulations 2008. The following

representations were received during the public notification period.

Form of Notification: 2 Letters to adjoining

property owners and

occupants

Valid Representations received 3 Representations received Wish to be Heard

Xue Yan Cehn & Long Jin – 27 Avocet Drive, Mawson Lakes M Scaife – 1 Ibis Street, Mawson Lakes D Ashmeade – 14 Avocet Drive, Mawson Lakes (no objections)

Summary of Representations received

Considered to have significant impact on streetscape.

Negative impact on adjoining property given its size and colour.

Will alter local traffic conditions and impact on how adjoining land owners utilise their

land.

Development does not allow provision of adequate open space.

Does not satisfy setbacks on all boundaries

Proposal does not satisfy the relevant encumbrances applicable to the land.

Summary of Applicant’s response to representations received

Hames Sharley – Encumbrance Administrator have indicated support subject to DAC

approval.

Existing shed is 5 metres x 5 metres and is sited 600mm from boundary.

Development has been revised from previous proposal to reduce bulk.

The existing trees on the southern boundary would minimise any visual impact with the

bulk of the garage section being broken up by the trees

Materials and colours have been chosen to reflect other development in Mawson

ITEM DAC

REPORT (7)


Lakes.

Valid justification as how the subject land exceeds the minimum open space

requirements of the Development Plan.

Photos provided to illustrate minimal impact on streetscape.

NOTE : A copy of the representations received and the applicant’s response are provided as

attachments 3 and 4.

Subject Site Properties Notified

Property of Representor R

ITEM DAC

REPORT (8)


REFERRALS – STATUTORY

The proposed development did not trigger any referrals pursuant to Section 37 of the

Development Act 1993 or Schedule 8 of the Development Regulations 2008.

REFERRALS – INTERNAL

No internal referrals were undertaken.

ASSESSMENT

Seriously at Variance

Pursuant to Section 35(2) of the Development Act 1993 it is recommended that the DAC

Panel determine that the proposal is not “seriously at variance” with the Salisbury (City)

Development Plan – Consolidated 20 March 2014.

The following reasons are proffered to support this recommendation:

The proposal is a reasonably anticipated form of development associated with an

envisaged form of development within the Zone.

The garage and carport will be accessed via the secondary road frontage.

Proposed setbacks are less than the minimum requirement however some dispensation

is considered appropriate on a secondary road frontage.

The proposed development is a revised proposal aimed at reducing bulk, appearance

and negative impacts on the streetscape.

The overall size of the proposed development is not considered excessive and will not

overshadow adjoining land to a substantial degree.

Existing landscaping will assist in breaking up any perceived bulk along the southern

boundary.

Proposed colours and materials complement development within the locality.

Development of this nature is reasonably anticipated within a residential locality.

If it can be demonstrated that the proposed development has minimal or no unreasonable

external impacts, then consent could reasonably be expected.

It is considered that the proposed development is not ‘seriously at variance’ with the City of

Salisbury Development Plan.

Assessment against the Salisbury Development Plan

The following section details a planning assessment of the Application against the relevant

Council Wide and Zone provisions within the City of Salisbury Development Plan –

Consolidated 20 March 2014. The assessment has been broken down into key assessment

areas that are relevant to the respective provisions in the Development Plan.

A full list of the most relevant Development Plan provisions is provided below:

General Section

Design and Appearance: Objective 1 and PDCs 1, 2, 3, 4, 7, 8, 9, 11, 12, 17, 18

Orderly and Sustainable Development: Objectives 1, 3 and PDC 1,

ITEM DAC

REPORT (9)


Residential Development: Objectives 1, 2 and PDCs 10, 13, 14, 15, 16, 17, 19, 20, 21,

22, 24, 36.

Zone Section

Multi Function Polis (The Levels) Zone

Objective 4 and PDC 1, 6, 16

Assessment against Development Plan Objectives and Principles

Primary Development Objectives and Principles of Development Control (PDC)

Development Plan

Reference

Assessment

Zoning & Land Use

Multi Function Polis (The

Levels) Zone

Objective(s) 4

PDC 1, 6, 16

The Multi Function Polis (The Levels) Zone seeks

comprehensive and integrated development that is mixed use

in nature and provides integration between living, working,

learning and recreation. The Zone anticipates built-form that

contributes to a strong sense of place and community.

The proposed development is considered appropriate in terms

of its use as it is closely related (ancillary) to the primary use

of the subject land. The subject land (and locality) is utilised

for residential purposes which is listed as an envisaged use

within the Zone. Provided other areas of the Development

Plan are satisfied in terms of its location, design and siting, the

proposed garage and carport development is satisfactory as it

is a form of development that is envisaged and one that is

reasonably anticipated within the residential locality.

Built Form: Design and

Appearance

General Section: Design and

Appearance

Objective 1

PDCs 1, 2, 3, 4, 7, 8, 9, 11,

12, 14, 17, 18, 20

The Development Plan encourages the design of buildings to

be contemporary in nature and exhibit an innovative style

provided the overall form is sympathetic to the scale of

development in the locality and with the context of its setting

with regard the shape, size, materials and colours.

The proposed development has been sited and designed to

minimise impact on the streetscape and neighbouring

dwellings. The dwelling to the south appears to have been

constructed in a location/orientation that has afforded the

owner the largest width possible for their dwelling. Although

there is no issue with this, the dwelling has the appearance

from the road to be oriented towards the southern boundary of

the subject land. As the applicant quite rightly noted in their

response to representations, any form of development in the

proposed location will be visible from the adjoining land and

will be visible from the streetscape and front yard of the

dwelling to the south. The proposed development has been

ITEM DAC

REPORT (10)


designed (as amended) to minimise any perceived impact.

The revised garage and carport design has reduced the bulk

and scale of the proposal. The Applicant provided a number

of photographs that illustrate the location of the proposed

development when viewed from the streetscape and across the

front yard of the dwelling to the south. The garage is located

behind the carport structure and the development as a whole

appears to be satisfactory. The flat roof component of the

carport will have limited impact due to its reduced visibility

behind southern boundary fencing and existing landscaping

adjacent the fence line on the neighbouring land to the south.

The garage to the rear will also have a limited impact and in

any case is not too dissimilar to the existing garage on the

subject land currently. Some of the perceived bulk of the

structure has been removed from the boundary line of the

street and the neighbouring property and the proposed

development is considered to have a negligible impact on the

character of the locality.

Garages, Carports and

Outbuildings

General Section: Residential

Development

PDCs 13, 14, 19, 20

The Development Plan anticipates garages, carports and

outbuildings that have a roof form and pitch, building

materials and detailing that complement the associated

dwellings. Further to this, the Development Plan supports

garages and carports facing the street provided that they do no

dominate the streetscape. The development as proposed is

considered to have a limited impact on the streetscape,

however any perceived bulk will be minimised via the

existing landscape plantings on the allotment to the south and

the fact that the carport and garage will be sited in the rear

yard behind the existing double gates. The impact on

streetscape character is not considered to be fatal to this

application and furthermore the Applicant has proposed a

colour palette that is considered to complement development

within the locality.

Principle of Development Control 19 in the Residential

Development module of the General Section of the

Development Plan encourages: Carports and garages should

be set back from road and building frontages so as to:

a) Contribute to the desired character of the area

b) Not adversely impact on the safety of road users

c) Provide safe entry and exit

d) Not dominate the appearance of dwellings from the

street.

The proposed development is considered to address the above

to a satisfactory level. The existing shed is somewhat visible

from neighbouring properties and the streetscape, and

although the proposed development does seek the construction

ITEM DAC

REPORT (11)


of a slightly larger garage in the same location (with carport

attached) the overall bulk, scale and visual appearance will

not be too dissimilar to that of the existing garage on site. No

bulk is proposed close to the road alignment and the flat roof

of the carport is considered as a slight intrusion in the

streetscape. The taller hipped-roof form is located further into

the property and consistent with existing development.

Development is encouraged to be setback from public roads at

a rate that is similar to or compatible with the setbacks of

buildings on adjoining land (as a corner property) so that

development contributes positively to the streetscape

character of the locality and so as to not result in or contribute

to a detrimental impact upon the function, appearance or

character of the locality. The subject land is bordered on two

sides by Avocet Drive with its primary frontage to the north.

The location of the proposed development is effectively the

rear yard of the dwelling with access to be gained via the

secondary road frontage. Some dispensation to minimum

setback requirements are considered appropriate in these

instances to provide a ‘transition in the streetscape’. The

proposed carport is effectively sited with a minimum setback

from the road alignment, however given that this structure has

a minimal impact on the streetscape in terms of its proposed

roof form, the setback is considered satisfactory.

Further to the above, the proposed development is sited off the

common boundary line which in turn has reduced the impact

on the adjoining dwelling to the south compared to if the

development was sited on the boundary. Maintaining the

existing fence and vegetation and providing a nominal 600mm

offset from the common boundary is considered acceptable.

Private Open Space

General Section: Residential

Development

PDC 21, 22, 23

The issue of private open space (or the lack thereof) was

raised during the public notification period by a Representor.

The Applicant provided a justification for the amount of

private open space that would remain on the subject land.

In this instance, the degree of private open space that would

be remaining following the construction of the proposed

development is considered satisfactory. The proposed

development is not considered to be ‘over development’ of the

subject land.

Assessment Summary

ITEM DAC

REPORT (12)


An assessment against the relevant Development Plan provisions indicates that that the

proposal is generally in accordance with the relevant General Section and the Multi Function

Polis (The Levels) Zone provisions. The development is generally consistent with the

relevant provisions with regard to envisaged use, design, layout, setbacks, private open space

and impacts on the streetscape or character.

The proposed development is a reasonably anticipated form of development associated with

an envisaged form of development within the Zone. Although this application must be

assessed on its own merits without prejudgment, the proposed development is a revised

proposal aimed at reducing bulk, appearance and negative impacts on the streetscape. The

overall size of the proposed development is not considered excessive and will not

overshadow adjoining land to a significant degree. The streetscape character will

furthermore not be negatively impacted on by the proposed development.

Further to the above, the proposed development generally conforms with the intent of the

Development Plan and on balance is worthy of consent.

Recommendation :

That the Development Assessment Commission resolves that:

The proposed development is not considered to be “seriously at variance” with the Salisbury

(City) Development Plan – Consolidated 20 March 2014.

Pursuant to Section 33 of the Development Act 1993, Development Plan Consent is

GRANTED to application number 361/2011/2014/2X for a garage and carport in accordance

with the plans and details submitted with the application and subject to the following

conditions :

1. The proposal shall be developed in accordance with the details and Relevant

Authority stamped approved plans, except where varied by the conditions herein.

2. The stormwater shall be disposed of in such a manner that it does not flow or

discharge onto land of the Relevant Authority adjoining owners or lie against any

building or create insanitary conditions.

3. Landscaping shall be established on the southern boundary within 6 months of the

construction of the garage and shall be planted with a mix of locally indigenous

species to the satisfaction of Council with all plants kept in a healthy condition at all

times. Any diseased or dying plants shall be replaced.

4. During the period that the development is being undertaken all paper, plastic, rubbish

and other waste material associated with the building work shall be appropriately

secured to ensure that it is contained within the subject land which is to be kept in a

general neat and tidy condition to the reasonable satisfaction of the Relevant

Authority.

5. The developer shall employ measures to eliminate dust emissions from the site during

the construction period so as not to cause nuisance to adjoining residents.

6. That effective measures be implemented during the construction of the development

and on-going use of the land in accordance with this consent to:

prevent silt run-off from the land to adjoining properties, roads and drains

ITEM DAC

REPORT (13)


control dust arising from the construction and other activities, so as not to, in the

opinion of the Relevant Authority, be a nuisance to residents or occupiers on

adjacent or nearby land

ensure that soil or mud is not transferred onto the adjacent roadways by vehicles

leaving the site

ensure that all litter and building waste is contained on the subject site in a

suitable covered bin or enclosure

ensure that no sound is emitted from any device, plant or equipment or from any

source or activity to become an unreasonable nuisance, in the opinion of the

Relevant Authority, to the occupiers of adjacent land.

Notes

The development must be substantially commenced within 12 months of the date of

this notification, unless this period has been extended by the Relevant Authority.

You are advised that any act or work authorised or required by this notification must

be completed with 3 years of the date of the notification unless this period is extended

by the Relevant Authority.

You will require a fresh consent before commencing or continuing the development if

you are unable to satisfy these requirements.

You have a right of appeal against the conditions which have been imposed on this

provisional development plan consent or development approval. Such an appeal must

be lodged at the Environment, Resource and Development Court within two months

of the day on which you receive this notice or such longer time as the court may

allow. Please contact the Court if you wish to appeal. The Court is located in the Sir

Samual way Building, Victoria Square, Adelaide, (Telephone number 8204 0300).

Reserved Matters :

There are no matters reserved matters under Section 33(3) of the Development Act 1993.

Reserved Conditions :

There are no reserved conditions pursuant to Section 33(1) of the Development Act 1993.

item dac report date application no applicant proposal … · 2015. 1. 23. · item dac report (1)...

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