3.7 PROPOSED GROUPED DWELLINGS - LOT 86 (NO.50) … · 2016-02-02 · Owner: Lisnawati Taruli...

Ordinary Meeting of Council 27 February 2013

3.7 PROPOSED GROUPED DWELLINGS - LOT 86 (NO.50) CHARLES STREET, MIDLAND

Ward: (Midland Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning)

KEY ISSUES

The application proposes four (4) new grouped dwellings at Lot 86 (No.50)

Charles Street, Midland.

The subject lot is zoned 'Residential' under Local Planning Scheme No.17 with

an assigned density coding of R40.

The proposed development includes a proposal to build up to portions of the

northern (rear) and western (side) boundaries respectively. The application

was referred to the neighbour abutting the property to the north as Part 6.3.2

of the Acceptable Development provisions of the Residential Design Codes

conditionally allows walls to be built up to one side boundary only.

The affected neighbours submitted an objection to the proposal on the basis

that the wall on the boundary would restrict their view and access to natural

light as well as impact on the general amenity of their lot by making them feel

“closed in”.

The proposed boundary wall has been considered against the applicable

Performance Criteria of the Residential Design Codes and is considered to meet

all of the relevant criteria.

It is recommended that the Council approve the proposed 4 grouped dwellings on Lot

86 Charles Street, Midland subject to conditions.

AUTHORITY/DISCRETION

The Council may approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 5 of the Planning and Development Act 2005.


BACKGROUND

Applicant: Accent on Homes

(Directors: Gregory Mark Grainger & Lee Grainger)

Owner: Lisnawati Taruli

Zoning: TPS - Residential R40

MRS - Urban

Strategy/Policy: State Planning Policy 3.1 - Residential Design Codes

Development Scheme: Nil

Existing Land Use: Vacant

Lot Size: 1012.m²

Use Class: Grouped Dwellings 'P'

DETAILS OF THE PROPOSAL

The proposed development will comprise three 3 bedroom 2 bathroom dwellings and one 2 bedroom dwelling for a total of four single storey grouped dwellings. The grouped dwellings will all gain access from Charles Street to its south via two crossovers, one of which will serve the 2 bedroom unit directly adjacent to Charles Street and the other to provide access to the 3 bedroom unit.

DESCRIPTION OF SITE

The subject site is relatively flat and is located directly north of Charles Street, halfway

between Great Northern Highway to its west and Sayer Street to its east. The property is surrounded by similarly R40 coded residential properties to its west, north and east. Properties to its south, across Charles Street is generally coded R60.

SITE HISTORY/PREVIOUS APPROVALS

Nil

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

PUBLIC CONSULTATION

The application was referred to the adjoining property owner to the north (Lot 109 –No. 5/41 - George Street) as the design proposes a variation to Part 6.3.2 Buildings on Boundary of the R-codes – boundary walls are proposed up to two boundaries.

An objection to the variation was lodged on the following grounds:


Restriction of natural light – the wall will cover their kitchen and bathroom windows ;

Restriction of view – sight of a large gum tree will be lost;

Having such a big wall will have an impact on their amenity by making them feel “closed in” and make the area look smaller – this can potentially de-value their property; and

The location of the sewer line to the north of the boundary wall – by having a

building close to the pipe would affect any work needing to be done by machinery.

Justification to address the objection has been provided in the Details section of this report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil

DETAILS

Zoning and permissibility of Use

The subject lot is zoned “Residential” with a density coding of R40 under the City’s Local planning Scheme No. 17. The proposed use of “Grouped Dwelling” is a discretionary (‘D’) use in the zone.

Residential Design Codes

The proposal is compliant with the Acceptable Development Provisions of the R-Codes, except for the boundary wall to the north:

Variation Acceptable Development

Criteria of R-codes

Proposed

Part 6.3.2 Buildings

on Boundary

- Boundary wall on

northern boundary

In areas coded R30 and

higher, walls not higher than

3.5 m with an average of 3m

for two-thirds the length of

the balance of the boundary

behind the front setback, to

one side boundary only.

A 2.4m high, 6.83m long

boundary wall to the western

(side) boundary and a 2.4m

high, 8.63m long boundary

wall to the northern (rear)

boundary. Both these walls are

less than two-thirds the length

of the boundary behind the

front setback.

Ordinary Meeting of Council 27 February 2013 R-codes Part 6.3.2 - Buildings on Boundary

Part 6.3.2 of the Residential Design Codes sets out performance criteria for boundary

walls:

'Buildings built up to boundaries other than the street boundary where it is desirable to do so in order to:

Make effective use of space; or

Enhance privacy; or

Otherwise enhance the amenity of the development;

Not to have any significant adverse effect on the amenity of the adjoining lot; and

Ensure that the direct sun to major openings to habitable rooms and outdoor

living areas of adjoining properties is not restricted.

The following issues are considered relevant in relation to the objection received:

There will be no overshadowing on the adjoining property as the subject lot is located to the south of the adjoining lot. Therefore the boundary wall as proposed

will not result in the loss of direct sunlight to the outdoor living areas of the adjoining lot. The proponent provided additional justification including an overshadowing plan which shows that the proposed development will not block light from the windows of the property to its north.

The proposed 2.4m high boundary wall will take up 8.63 m of the 20.12 m long rear boundary to the north of the proposed development. The house on the

adjoining lot is set back approximately 2 metres from the rear boundary. The impact in terms of scale and bulk that the boundary wall will have on the adjoining property in terms of creating a perception of being “closed in” is not deemed significant as both developments are R40 grouped dwellings where close proximity to adjoining neighbours are more the rule than the exception.

The impact of the proposed development on the possible restriction of view from

the neighbouring property, the potential devaluation of the neighbouring property and the proximity of the sewer easement located on the adjoining property are not matters that can be used as basis for refusal on planning grounds. However, it is proposed that the developer be advised to inform Water Corporation of its intentions to build up to the sewer line.

Removal of tree on the verge

The City’s Natural Assets Officer advised that the tree on the verge overhangs the property line by approximately 8 metres. The proposed units have a setback of 4 metres which means that the tree will overhang the new units substantially. He recommends that the tree be removed at the developers cost prior to the construction of the units. The City will plant a replacement tree after the building had been constructed.

Drainage

Overland flow will be tight as the Finished Floor Level is only 70mm higher than the lot boundary and the internal driveway is flat - the proponent will be advised of this.


OPTIONS AND IMPLICATIONS

Option 1: The Council may resolve that the parapet wall to the northern (rear)

boundary associated with the proposed grouped dwellings meets the Performance Criteria under Part 6.3.2 of the Residential Design Codes of WA and accordingly approve the proposed development on Lot 86 Charles Street, Midland subject to conditions.

This is the recommended option.

Implications: The applicant will be able to proceed with their proposed new additions.

Option 2: Council may resolve to refuse the proposed development on the basis that it considers the proposed parapet wall to the northern (rear) boundary does not meet the Performance Criteria under Part 6.3.2 of the Residential Design Codes of WA by virtue of it having an adverse impact on the amenity of the abutting Lot 109 (No. 5/41) George Street.

This is not the recommended option.

Implications: The applicant will have the right of a review of the application to the State Administrative Tribunal.

CONCLUSION

The application proposes four (4) new grouped dwellings at Lot 86 (No.50) Charles Street, Midland and seeks approval from Council for a variation to the Acceptable Development criteria of the Residential Design codes to permit a boundary wall being

built up to the northern (rear) boundary.

The proposed boundary wall will not result in any overshadowing of the adjoining lot and it is not considered that it will otherwise have an adverse impact on the neighbouring property. The proposed boundary wall meets the relevant Performance Criteria set out in the R-Codes and is deemed appropriate in terms of bulk and scale.

It is recommended that the Council approve the proposed grouped dwellings on Lot 86 Charles Street, Midland subject to conditions.

ATTACHMENTS

Attachment 1 - Locality Plan

Attachment 2 - Site Plan

Attachment 3 - Floor Plan

Attachment 4 - Elevation Plan

Attachment 5 – Overshadowing Plan


STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

State Planning Policy 3.1 - Residential Design Codes

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority

RECOMMENDATION

That the Council resolves to:

1) Consent to the variation to the Acceptable Development provisions at Part 6.3.2 of the Residential Design Codes of WA with respect to the proposed parapet wall

to the northern (rear) boundary of Lot 86 (No. 50) Charles Street, Midland and so approve the application for four grouped dwellings, subject to the following conditions:

1. This approval is for four "grouped dwelling” units as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for

any other use without the prior approval of the City.

2. The parapet wall and footings shall be constructed inside the allotment.

3. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish), to complement the dwelling on the adjoining lot (green title), to the satisfaction of the Principal Planner.

4. The tree on the verge to the south of the property shall be removed at the applicant's cost prior to the construction of the units.

5. The development must be connected to the Water Corporation’s sewer.

6. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the City’s requirements. Invert level at point of connection is 11.22mm (A.H.D.)


7. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

8. Storm drain to be designed and installed in accordance with the City's design guidelines.

9. The drainage system of the site must be designed for a 1 in 5 year storm (minimum). An overland flow path must be provided for potential internal system failure.

10. All crossovers must be built and maintained in accordance with City's specifications.

11. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

12. All pavement on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

13. Vehicle parking area access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

14. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

15. As the development is within the .Midland District Drainage Area, a drainage contribution of $5899.96 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to the clearance of subdivision conditions or prior to the lodgement of a Building Permit application and prior to any work commencing on the site.

16. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

Advice Notes

a) Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

b) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such


constraint to development, regardless of whether or not it has been drawn to the City’s attention.

c) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents, permits and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

d) The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specifications which reflect these requirements are required to be submitted with the Building Permit applications.

e) The developer is advised to inform Water Corporation of their intentions to build up to the sewer easement located to the north of the proposed development.

f) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

g) In accordance with the Building Act 2011 and Building Regulations 2012, a

Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

h) To enable your Building Permit application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Permit application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services - Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

i) The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

j) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust

nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

k) Stormwater from this property is to be disposed of into the City's drainage system via a silt trap.


l) Overland flow will be tight as the Finished Floor Levels of the proposed units are only 70mm higher than the lot boundary and the driveway is flat.

m) The City of Swan is authorised and liable for the maintenance and repair of roads under its control within its boundary and pursuant to Section 84 of the Road Traffic Act. The City is authorised to recover costs from the applicant, for the repair and maintenance of these roads if any damage is caused as part of this development to the kerb, footpath, drainage pits, stormwater system, landscaping or signs located within the road reserve.

n) Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

o) This approval does not constitute approval from other service authorities to construct the crossover as shown on the plan. It is recommended that the applicant ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services is to be arranged by the applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.

2) Advise those who lodged a submission of the Council's decision accordingly.

CARRIED

3.7 PROPOSED GROUPED DWELLINGS - LOT 86 (NO.50) … · 2016-02-02 · Owner: Lisnawati Taruli...

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