Application for Planning Approval · plans include Lower Floor Plans, Upper Floor Plans, Elevations...

P E T E R W E B B A N D A S S O C I A T E S

Application for Planning Approval

Proposed Three (3) Multiple Dwelling Apartments

Lots 14 & 15 (#220) Marine Parade, Cottesloe

Application for Planning Approval

Proposed Three (3) Multiple Dwelling Apartments

Lots 14 & 15 (#220) Marine Parade, Cottesloe

Prepared by: Prepared for: PETER WEBB & ASSOCIATES BERRIMEL NO.2 PTY LTD PO Box 920 175 Barrington Street SUBIACO WA 6904 BIBRA LAKE WA 6163 T: (08) 9388 7111 F: (08) 9388 7240 E: [email protected] Managing Director: Mr Nik Hidding Job Number: C2116 Date: 25 May 2018

mailto:[email protected]

Proposed Three (3) Multiple Dwelling Apartments File: C2116appln03 Lots 14 & 15 (#220) Marine Parade, Cottesloe Page 1

1.0 INTRODUCTION

Peter Webb and Associates (PWA) has been engaged by Mr Mark Ratta (Director of Berrimel

No.2 Pty Ltd) to prepare and submit an Application for Planning Approval for Three (3) Multiple

Dwelling Apartments at Lots 14 & 15 (#220) Marine Parade, Cottesloe.

The subject site is zoned “Residential R25” in the Town of Cottesloe Local Planning Scheme

No. 3 (LPS 3) and the proposed development which is being contemplated is able to be

considered by the Town for Approval.

An earlier Application for Planning Approval was refused by the Metro-West Joint Development

Assessment Panel (JDAP). This new Application comes in response to the State Administrative

Tribunal’s (SAT’s) decision on the Application (Berrimel No.2 Pty Ltd v Metro-West Joint

Development Assessment Panel [2017] WASAT 93) which highlighted that the Town of Cottesloe

has the discretion under LPS 3 to consider and support a proposal for three (3) storeys, which

this application proposes.

Accordingly, please find attached our completed Town of Cottesloe Application for Development

Approval Form signed by the Directors of Berrimel No.2 Pty Ltd (the landowner).

Following is a supporting Planning report outlining the details of the proposal as well as the

location, the site and relevant planning background and supporting rationale.

This Application is supported by the following documents and plans:

Development Plans – R.M Davey & Associates

Design WA Report – Mark Aronson Architecture* (Maarch*)

Streetscape Elevation – Mark Aronson Architecture* (Maarch*)

3D Perspective Views – Mark Aronson Architecture* (Maarch*)

Bushfire Attack Level (BAL) Assessment – Bushfire Ready Consultants


2.0 OVERVIEW & SITE DETAILS

2.1 Overview

Applicant: Peter Webb & Associates

Landowner: Berrimel No.2 Pty Ltd

Zoning: LPS 3: “Residential R25”

MRS: “Urban”

Scheme: Local Planning Scheme No. 3 (LPS 3)

Current Use: 9 Multiple Dwellings

Lot Size: 728m2 (combined)

Proposed Use Class: “Multiple Dwellings” (“D”)

Construction Cost: $4.5 million

2.2 Site Details

The subject land comprises Lots 14 & 15 (#220) Marine Parade, Cottesloe. The Certificate of

Title details of the site are included at Annexure 1. The Registered Proprietor of the site is

Berrimel No.2 Pty Ltd.

The subject site has a total (combined) land area of 728m2 and has a (combined) frontage of

20.12m to Marine Parade (Refer Figure 1: Landgate Plan).

Vehicular access and car parking is derived from Marine Parade.

Figure 1: Landgate Plan

The site is currently improved with nine (9) Multiple Dwellings. The site currently accommodates

a 3 storey (+ basement) apartment building, with each habitable floor comprising 3 x one

bedroom one bathroom apartments of identical configuration.


The layout of the site and its context are outlined in the Aerial Photograph in Figure 2 below.

Figure 2: Aerial Photograph


Photos of the site and its surrounds are included at Figure 3, below.

Figure 3: Site Photographs


3.0 THE PROPOSAL

The proposed development comprises three (3) Multiple Dwelling Apartments which is depicted

on Development Plans prepared by R.M. Davey & Associates, included at Annexure 2. The

plans include Lower Floor Plans, Upper Floor Plans, Elevations and Section/Overshadowing

Plans. A Colour Elevation Sketch is also provided to demonstrate the likely colour scheme of the

proposed development. A Streetscape Elevation is also provided together with two (2) 3D

Perspective Views of the proposed development (which have been prepared by Mark Aronson

Architecture* (Maarch*)).

The proposed development will include three (3) high specification three-bedroom Multiple

Dwelling Apartments, plus basement car parking. The proposed development will be three

storeys (plus basement) in height.

This proposal will not include any roof top terrace or any other land use.

BASEMENT:

Access to the basement parking level will occur at the southern end of the site, from Marine

Parade via a 3.4m wide driveway, with ramping gradient of 1:5. The basement parking level will

accommodate eight (8) parking bays, behind a secure garage door, together with one (1) visitor

bay accessible from the driveway (located outside of the garage door). A reversing bay is also

proposed to assist with vehicle movements for the visitor bay. The basement level also includes

storage areas for each apartment, as required.

The basement has access to a lobby, lift and stairwell via a security gate, which also has

intercom facility for visitor use.

MULTIPLE DWELLINGS (TYPICAL):

The proposed multiple dwellings will be high specification dwellings. The layout of each dwelling

is generally the same, with some minor variations between them.

The ground floor dwelling will have access to a terrace facing towards Marine Parade and Indian

Ocean, as well as an additional three (3) courtyards. The two upper floor dwellings will have

access to a main balcony each, facing towards Marine Parade and Indian Ocean, as well as a

smaller balcony from the Master Bedroom & Study each.

COMMUNAL SPACES:

There is a communal open space at the rear of the site which includes landscaping and

plantings, decking and two circular seating zones.

Pedestrian access to the main entry lobby is located on the northern side via secure gates (with

intercom for visitors) and a concealed walkway and gatehouse.


Consolidated landscaping areas and planters are proposed within the front setback area

addressing Marine Parade, which provides an attractive landscaped setting.


4.0 PLANNING ASSESSMENT

4.1 Zoning & Land Use

The subject site is zoned “Residential R25” in the Town of Cottesloe Local Planning Scheme

No. 3 (LPS 3).

In reviewing Table 1 “Zoning Table” of LPS 3, the proposed “Multiple Dwellings” are a “D”

(Discretionary) use in the Residential R25 zone.

4.2 Objectives of the Zone

There is no stated “intent” of the Residential zone in LPS 3. The objectives of the Residential

Zone however are included at Clause 4.2.1 of LPS 3 to:

(a) encourage residential development only which is compatible with the scale and amenity

of the locality;

(b) provide the opportunity for a variety and choice in housing in specified residential areas;

(c) allow for some non-residential uses where they are compatible with the amenity of

residential localities; and

(d) encourage the retention of local facilities and services within specified residential areas

for the convenience of the local community.

In relation the Scheme Objective which requires the Proponent to, “encourage residential

development only which is compatible with the scale and amenity of the locality”, it is apparent

that the existing nine (9) multiple dwellings on the site will be reduced to three (3) multiple

dwellings. The proposed development is considerably more consistent and compatible with the

scale of residential development in the immediate locality, than that which currently exists.

Further, the design of the proposed residential development as part of this Application is also

more consistent with the more contemporary architectural design which also features along this

part of Marine Parade and more appropriately, reflects the increased value of the properties in

this immediate locality.

In relation to the objective requiring the “opportunity for variety and choice in housing” in this

area, it is evident that the proposal the subject of this Application adds to the quality and choice

of residential development which is more consistent with the community’s expectations in this

area.

There are no, non-residential uses within this proposed development.

The fourth objective is not relevant to this development as it relates to the local government’s

responsibilities to retain local facilities and service for the convenience of the local community


Therefore it is evident that the development proposed as part of this Application, meets all of the

relevant objectives of the Residential zone.

4.3 Amenity

An assessment on the existing and hypothetical character and amenity of the locality is provided

in this section.

The term “amenity” is defined by LPS 3 as:

“All those factors which combine to form the character of an area and include the present and

likely future amenity.”

4.3.1 Existing Amenity & Character:

The existing amenity of Marine Parade within proximity of the subject site is characterised by

predominantly two to three storey single dwellings (with a number of single storey older style

dwellings), vacant development sites, and a number of older multiple dwelling developments

(between three and four storeys in height). It is therefore, clearly an area “in transition”.

The existing development on the subject site can be characterised as an older-style multiple

dwelling complex (flats) comprising three levels of apartments, with undercroft car parking. The

existing development is set back only 2.50m from the street boundary.

The existing development only has a 1.00m northern and southern side setback (to a full three

storeys in height) to the adjacent sites, with blank brick walls.

The existing development comprises nine (9) multiple dwellings, which enables more people to

be accommodated at the site than compared with a single dwelling or a multiple dwelling

complex with fewer dwellings.

Within 50m of the subject site, there exists an older-style multiple dwelling complex of four

storeys in height as viewed from Marine Parade.

Each of the properties along Marine Parade have a direct (straight) view of the Indian Ocean.

The existing character of the locality (which is an area wider than the Marine Parade

environment) is considered to be eclectic, given there is no set style, size and type of dwelling(s)

development in the locality. The locality is defined as the area bound by Marine Parade to the

west, North Street to the north, Curtin Avenue to the east, and Forrest Street to the south.

Photograph examples of existing developments within this locality are provided at Annexure 3.

4.3.2 Hypothetical Amenity & Character:

The proposed development comprises three (3) multiple dwellings with undercroft parking.

Therefore, this proposal reduces the number of dwellings on the site by six (6) dwellings.


Given the existing development site has a three storey multiple dwelling complex set back only

2.50m from the street boundary, the proposed three-storey proposal, set back further from the

street does not materially change the impact of the built form as it is viewed from Marine Parade

or the footpath adjacent to the site.

It is our view that the proposed high quality design of built form of the proposed development will

greatly improve the amenity of the site, and contribute to an overall increase in amenity of the

Marine Parade environment.

When comparing the proposed development with the street and the wider locality, it is evident

that the development generally fits with the existing (eclectic) range of properties in the locality

which does not have a set style, development form, height or dwelling type.

In addition, the existing three storey multiple unit development only has a 1.00m northern and

southern side setback to the adjacent sites, with blank brick walls. The proposed development

seeks to increase the setbacks of the side boundaries to improve the amenity of those adjacent

and nearby properties. Increased setbacks of side boundaries provides additional opportunity for

cooling breeze to extend to adjacent properties (both to the sides and rear), as well as improve

view corridors from adjacent sides (both side and rear). This improves the amenity of the

immediately adjacent properties.

The northern proposed setback will be at least 1.50m at its closest point, extending further away

from the boundary for the most part, with a 2.80m to 3.60m setback.

The southern proposed setback will be at least 2.00m at its closest point, extending further away

from the boundary at other locations.

These greater side setbacks invariably improve the amenity of the adjacent properties and

reduces building bulk as viewed from adjacent properties.

In all of these circumstances, the existing amenity of the locality will not be compromised by this

proposed development, but in many areas, the proposed development will improve the amenity

of the locality by virtue of:

increased side and front setbacks, which gives rise to better cooling opportunities,

increased view corridors and reduction of building bulk;

high quality built form outcomes, which improves the streetscape and amenity of the

Marine Parade streetscape environment and wider locality;

increased opportunities for landscaping, ‘softening’ built form and reducing heat

effect;

reduced overall number of dwellings (from nine to three), which reduces traffic

movements from the site; and


no greater overshadowing impact on adjacent properties to the south.

The amenity will be demonstrably improved by the proposed development.

4.4 Planning Issues

4.4.1 Building Height:

The SAT’s decision in Berrimel No. 2 Pty Ltd v Presiding Member of the Metro West Joint

Development Assessment Panel [2017] WASAT 93 (Berrimel) determined, “that what is

permissible under LPS 3 in terms of building height is not restricted to the building heights

identified in Table 2 of the Scheme.”

(Table 2 of LPS 3 provides for a maximum building height of two storeys in the Residential zone).

Clause 5.3.5 of LPS 3 allows the Town to consider and approve a proposal which involves the

redevelopment of an existing multiple dwelling development that exceeds the density code, with

a maximum of one additional storey over the prevailing permissible building height for the

locality.

Pursuant to Clause 5.3.5, read together with Clause 5.7 of LPS 3, allows the Town to consider

development with a proposed height of three storeys.

Furthermore, in reviewing Clause 5.7.2 (c) of LPS 3, we note that the following maximum heights

should be considered for developments with “more than 2 storeys”:

(i) Building Height – 8.5 metres, plus 3.0 metres for each storey more than 2,

maximum height.

(ii) Wall Height (to level of roof) – 6.0 metres, plus 3.0 metres for each storey more

than 2, maximum height.

(iii) Wall Height (to top of a parapet) – 3.0 metres for each storey up to the highest

storey, plus 4.0 metres for the highest storey, maximum height.

The proposed development complies with each of these requirements relating to height (for 3

storeys).

4.4.2 Density

The permitted density on land coded R25 is two (2) dwellings, however this is permitted to be

increased subject to the proposed development satisfying Clause 5.3.5 of LPS 3. Clause 5.3.5

states:

Despite anything contained in the Residential Design Codes and notwithstanding the

density codes shown on the Scheme Map, existing grouped dwellings or multiple

dwellings that exceed a density code shown on the Scheme Map at the Gazettal date of

the Scheme can, with the approval of the local government, be redeveloped at a density


higher than that shown on the Scheme Map, equal to, but not exceeding the existing built

density, subject to the proposed development —

(a) complementing the character of the streetscape;

(b) not detrimentally increasing the mass, scale or surface area of the development

relative to existing development on surrounding properties;

(c) resulting in improved landscaping of the land;

(d) providing adequate and safe means of vehicular and pedestrian access to the

land; and

(e) providing an adequate number of car parking spaces on the land.

Three (3) dwellings are proposed which is six less than the existing number of dwellings and

therefore, can be considered under Clause 5.3.5 of LPS 3. The proposed development also

complies with the other criteria of Clause 5.3.5, as follows:

The proposed development complements the character of the streetscape, as set out in

4.3 of this Report;

The proposed development provides a similar built form and massing to that which

currently exists;

The proposed development will provide improved landscaping on the land;

The proposed development provides adequate means of vehicular and pedestrian

access to the land; and

The proposed development provides an adequate number of car parking bays in

accordance with the R-Codes.

4.4.3 Street Setback:

The existing development has a 2.50m front setback to the street.

The current proposal provides an overall 6.00m average front setback, which complies with the

R-Code requirement set out in Table 1 of the R-Codes (6 metres).

The variances in the street setback provides building articulation which contributes to the

improvement of amenity in this locality.

4.4.4 Lot Boundary Setbacks

Northern Boundary:

The proposed development has no major openings facing the northern boundary.

The proposed development complies with Table 2a (boundary setbacks for walls with no major

openings) for a wall height of 9.00m.


The Northern setback of 1.50m to Bedroom 2 on each level complies, as this is required to be

1.40m according to Table 2a.

The Northern setback of 2.80m to 3.60m to the lobby, dining and living on each level complies,

as this is required to be 2.40m according to Table 2a.

Southern Boundary:

The proposed development has no major openings facing the southern boundary, except for

Bedroom 3 on each level.

The proposed development complies with Table 2a (boundary setbacks for walls with no major

openings) for a wall height of 9.00m.

The Southern setback of 2.00m to the Ensuite and Bedroom 1 on each level complies, as this is

required to be 1.40m according to Table 2a.

The Southern setback of 8.00m to Bedroom 3 on each level also complies.

Eastern (Rear) Boundary:

The proposed development has no major openings facing the eastern (rear) boundary.

The proposed development proposes a 7.21m Eastern (rear) setback to Bedroom 2 and

Bedroom 3. For Apartment 2, the Eastern setback to Bedroom 3 is reduced to 6.61m.

The setbacks to the rear boundaries comply with Table 2a of the R-Codes.

Balconies:

All balconies have 1.60m high privacy screens facing the northern and southern boundaries to

ensure compliance with the R-Codes.

4.4.5 Overshadowing:

The existing building on the site causes an existing overshadowing area of 153m2 (42%) on the

adjacent (southern) site.

The proposed overshadowing of the adjacent (southern) site is 180m2 (49%), however a

majority of the land taken up by “new” overshadowing will already be shadowed by the

existing development on that neighbouring lot.

The overshadowing by the proposed development is therefore, almost similar to the existing

development on the adjacent site. This demonstrates that the proposed development form is

consistent with the adjacent property’s overshadowing extent and therefore fits in with the current

state of amenity as it relates to overshadowing.


4.4.6 Open Space:

The development provides in excess of 50% open space (and actually provides 436m2 of open

space which is 59% of the site area). Details are shown on the Site Plan. The open space

provision complies with the R-Codes.

4.4.7 Views:

Adjacent (side) properties can retain their direct (straight) views to the Indian Ocean. The

increase in street and side setbacks allows greater view sheds from surrounding (side)

properties, as well as rear properties.

4.4.8 Landscaping:

The proposal provides additional (even more than before) opportunity for landscaped areas

including lawn, garden beds, planter boxes, and circular seating areas. The quality of these

landscaped areas is likely to exceed the current landscaping extent of the existing development

and improves the amenity of the street.

There is consolidated areas of landscaping within the front setback area, which provides for more

than 50% landscaping within this setback area, in compliance with the R-Codes.

4.4.9 Sightlines:

Vehicles accessing the site will be returning to the street in forward gear, so the existing

boundary wall does not present any sightline issues. However, it is proposed to modify the

existing wall to be no more than 600mm in height (see plans). Further, the existing verge has

adequate width to enable vehicles to safely nose out of the driveway without causing any impact

to pedestrians or other traffic on Marine Parade. Sightlines are not an issue.

4.4.10 Traffic:

The reduced number of overall dwellings proposed by this development enables a reduction of

vehicle traffic to and from the site.

It has been concluded that the proposed development will have negligible impact on traffic

movements on Marine Parade, and with therefore, not compromise the road environment. In

fact, it will be improved by fewer movements being generated by this proposal.

4.4.11 Short Term Accommodation:

The Application is for Multiple Dwellings. The Applicant is not proposing any short-stay

accommodation.


4.4.12 Car Parking

The Proponents have been able to provide a total of eight (8) car parking bays and one (1) visitor

parking bay in the proposed development, which complies with the requirements of Clause 5.3.3

C3.3 of the R-Codes (which refers to Clause 6.3.3 C3.1). This is considered in the following:

3 dwellings at >110m2 = 1.5 bays each = 4.5 bays

Visitors = 0.25 per dwelling = 0.75 bays

_____________________________________________________________________________

TOTAL BAYS REQUIRED: = 5.25 bays

Therefore, the proposed development has a surplus of 3.75 car parking bays.

4.5 WAPC State Planning Policies

4.5.1 WAPC Draft SPP7.3 - Draft Apartment Design Policy

Mark Aronson Architecture* (Maarch*) was engaged to prepare a Design Report against the

provisions of the Draft Apartment Design Policy which is set out in Draft WAPC State Planning

Policy 7 – Design of the Built Environment.

The Draft Apartment Design Policy focuses on design guidance for apartment developments and

will ultimately replace Part 6 of the Residential Design Codes.

Please find attached Design Report at Annexure 4 which provides responses against the

criteria in Part 3 (Siting the Development) and Part 4 (Designing the Building) of the Draft

Apartment Design Policy. The Design Report also includes Objective Checklists setting out

where the proposed development meets (or otherwise) the relevant objectives listed in the

Policy. The Design Report confirms that the proposed development meets the relevant

objectives of the Policy, resulting in a quality development.

4.5.2 WAPC SPP 3.7 - Planning in Bushfire Prone Areas (2015)

The WAPC State Planning Policy 3.7 – Planning in Bushfire Prone Areas states that planning

proposals within bushfire prone areas are to be accompanied by a bushfire assessment (relevant

to the nature and scale of the development), identification of any bushfire hazard issues; and an

assessment against the bushfire protection criteria contained in Appendix 4 of the Guidelines.

The subject land is identified as being within a designated bushfire prone area on the

Department of Fire and Emergency Services (DFES) Map of Bush Fire Prone Areas 2018 (see

Figure 4, below).


Figure 4: Extract from Map of Bushfire Prone Areas

A Bushfire Attack Level (BAL) Report has been prepared by Bushfire Ready Consultants and is

attached at Annexure 5. The determined BAL for the site and proposed development is

BAL-LOW.


5.0 CONCLUSION

The proposed Three (3) Multiple Dwelling Apartments is complementary to the “Residential” zone

and will replace a similar development (made up of nine (9) Multiple Dwellings).

This report comprehensively demonstrates that the proposed development is a high quality

development, which complies with all of the relevant current and draft planning and design

framework.

As such, we respectfully seek the Town of Cottesloe’s support for the proposed development at

Lots 14 & 15 (#220) Marine Parade, Cottesloe.

Peter Webb & Associates

Proposed Three (3) Multiple Dwelling Apartments File: C2116appln03 Lots 14 & 15 (#220) Marine Parade, Cottesloe

ANNEXURES


ANNEXURE 1 Certificates of Title


ANNEXURE 2 Development Plans

(R.M. Davey & Associates); Streetscape Elevation; and

3D Perspective Views


ANNEXURE 3 Photographs of Developments

within the Locality


ANNEXURE 4 Design Report addressing

Draft Apartment Design Policy (Maarch*)


ANNEXURE 5 Bushfire Attack Level (BAL) Report

(Bushfire Ready Consultants)

Application for Planning Approval · plans include Lower Floor Plans, Upper Floor Plans, Elevations...

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