DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta-Margaret River On 10 March 2015

ATTENDANCE Jenny Tattam, Peter Walker, Chris Wenman, Johan Pienaar APOLOGIES Nil CONFIRMATION OF MINUTES Minutes of meeting dated 3 March 2015 confirmed as correct. PLANNING APPLICATIONS RECEIVED Date Rec’d Assess

No. Address Proposal DA No.

03/03/2015 A3159 10337 (Lot 2) Caves Road, Deepdene Subdivision P215090 04/03/2015 A6777 7981 Caves Road, Forest Grove Built Strata Subdivision P215091 05/03/2015 A3591 2062 (Lot 2919) Rosa Brook Road, Rosa Brook Dam Extension P215092 05/03/2015 A3653 62 (Lot 91) Willmott Avenue, Margaret River Storage Shed P215093 05/03/2015 A2635 28 (lot 53 ) Bovell Avenue, Margaret River Ancillary Dwelling P215094 05/03/2015 A9459 25 (Lot 11) Matthews Road, Augusta Subdivision P215095 06/03/2015 A11748 Lot 9000 Brookfield Avenue, Margaret River Office (Brookfield Estate Land Sales

Office) P215097

06/03/2015 A6328 Farmhouse Park, Reserve 45397 Hannah Miller permit to operate fitness classes - March 2015 to September 2015

P215098

BUILDING LICENCE APPLICATIONS RECEIVED Date Rec’d Assess

No. Address Proposal BLDG

No. 04/03/2015 A4107 1 The Grove, Margaret River Dwelling and Shed 215092 04/03/2015 A8789 63 Sunshine Ave, Courtenay Dwelling 215093 02/03/2015 A11680 12 Stoneman St, Margaret River Dwelling 215094 05/03/2015 A6021 8522 Bussell Hwy, Cowaramup Dwelling 215095 05/03/2015 A6844 10 Forrest Rd E, Margaret River Swimming Pool 215097 03/03/2015 A10355 27 Daisy Rise, Cowaramup Dwelling 215098 04/03/2015 A10648 Lot 212 Burnside Rd, Burnside Shed 215099 05/03/2015 A8619 15 Homestead Way, Margaret River Dwelling 215100 05/03/2015 A1135 Lot 31 Hart Rd, Augusta Water Tanks x 2 215101 05/03/2015 A8973 50 Westringia Loop, Margaret River Dwelling 215102 06/03/2015 A10366 15 Smokebush Ct, Cowaramup Carport, Patio + Deck 215103 06/03/2015 A3352 6 Walton Way, Gracetown Shed 215104 06/03/2015 A8134 14 Bird Wood Lane, Cowaramup Dwelling 215105 06/03/2015 A10212 2 Mala Walk, Margaret River Dwelling 215106

SUBDIVISIONS DETERMINED Date Rec’d Officer DA No. Address Description of Matter Recommendation

LEVEL 1 APPLICATIONS DETERMINED BY DIRECTOR Date Rec’d Officer Address Proposal Determination DA No.

08/12/2014 Lucy Gouws

73 (Lot 5) Bussell Highway, Margaret River

Restaurant Additions (Including Small Bar)

Approved P214650

27/01/2015 Angela Satre

2 (Lot 234) Stoneman Street, Margaret River

Dwelling and Ancillary Dwelling

Approved P215037

04/02/2015 Jenny Tattam

Lot 175 Salter Street, Gracetown Use of Kitchen Facilities (Food Production)

Approved P215048

05/02/2015 Lara Hoole

2 (Lot 10) Dallip Spring Road, Burnside

Ancillary Accommodation Approved P215050

LEVEL 2 APPLICATIONS FOR DETERMINATION BY DPDS Date Rec’d Officer Address Proposal Outcome of

DAU Meeting

DA No.

23/12/2014 Jenny Tattam

34 (Lot 151) Grunters Way, Gnarabup

Guesthouse, Patio Addition & Fencing Approve P214680

09/10/2014 Johan Pienaar

Lot 2 Exmoor Drive, Margaret River

Telecommunications Infrastructure (NBN Fixed wireless Tower)

Report to Council

P214531

17/09/2014 Johan Pienaar

Lot 1033 Redgate Road, Witchcliffe

Telecommunications Infrastructure (Relocation of Existing Mobile Phone Tower)

Report to Council

P214472

OTHER APPLICATIONS determined under delegation Date Rec’d Officer Address Proposal Determination DA No.

COMPLIANCE Date Rec’d Officer Address Proposal Outcome of

DAU Meeting DA No.

LOCAL LAW PERMITS Date Rec’d Officer Address Proposal Determination DA No. 20/02/2014

Iliya Hastings

Ellis Street Jetty Precinct - Reserve 27643 Victoria Pde, Augusta

Renewal - Augusta Boat Hire - February 2015 to February 2016

Approved P214105

06/03/2015 Iliya Hastings

Reserve 45397, Margaret River Hannah Miller permit to operate fitness classes at Farmhouse Park -March 2015 to September 2015

Approved P215098

ELECTED MEMBERS ATTENTION Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

09/10/2014 Johan Pienaar

Lot 2 Exmoor Drive, Margaret River Telecommunications Infrastructure (NBN Fixed wireless Tower)

Report to Council

P214531

17/09/2014 Johan Pienaar

Lot 1033 Redgate Road, Witchcliffe Telecommunications Infrastructure (Relocation of Existing Tower)

Report to Council

P214472

CLOSURE OF MEETING Meeting closed at 10.50am.

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning Services Proposed Bed & Breakfast, Patio Addition & Fencing - 34 (Lot 151) Grunters Way, Gnarabup Major (Level 2) P214680; PTY/7991

REPORTING OFFICER : Jenny Tattam DISCLOSURE OF INTEREST : Nil General Information Lot Area 2108m² Zone Residential R5 Proposed Development Planning approval is sought to utilise a portion of the existing 4 bedroom and 2

bathroom dwelling as a Guesthouse (refer to comments under LPS1 – B&B is considered the best fit land use definition). The proposal includes: • internal changes to 2 rooms – i.e., laundry to tea/coffee preparation area and

bedroom to guest lounge; • installation of a 8.5m long patio addition to the southern side of the house for

guests use; • construction of second driveway and parking area for guests; • installation of brush fencing around a garden area for guests at the front of the

dwelling; • existing interconnecting doors between guests and residents areas; • guests parking - tandem parking for 2 vehicles on new gravel driveway – cars

to reverse into street; • guest area to provide accommodation for a maximum of four (4) people.

Permissible Use Class Dwelling addition (Patio) – ‘P’ B&B – ‘D’

Heritage/Aboriginal Sites Nothing listed Encumbrance N/A Date Received 23/12/2014

Policy Requirements Is the land or proposal referred to in any Council Policy? √ Yes ☐ No If yes, state the Policy/Policies LPP4 – Fencing Policy Officer Comment Brushwood fencing is an acceptable type in Residential areas and front fences should be

a maximum height of 1.8m and visually permeable above 1.2m. The fencing continues internally to provide a private garden area for guests. A 1.8m high brushwood fence is proposed along a small portion of the front of the lot and setback approximately 3m from the front boundary. As the fence is likely to blend with the vegetation behind and will only occupy a small section of the frontage it is not considered to adversely impact the streetscape and is acceptable. The only issue raised is that if the fence is continued alongside the new guest driveway it will need to comply with the sightline requirements of the R’Codes – this will be a condition of approval.

Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? ☐ Yes √ No Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? s ☐ No ☐ N/A Has a submission been received by Council? s ☐ No ☐ N/A Have agency or authority comments been received? es ☐ No √ N/A Name Nature of Submission Officer Comment

Denise Wilkinson Objection

• Object to a commercial tourist property being allowed in a residential zoned area.

• Concerned that the guest house may expand in size in the future.

• Feel that it is pointless objecting as the Shire

have approved every tourist based holiday accommodation we have been ask to comment on. We chose to live in a residential area and not a tourist zone.

• A guest house is a use that can be considered in the zone under LPS1.

• Any increase in the number of guests will require a new planning application.

• As mentioned above there is a number of tourism uses that can be considered in the Residential zone and any application has to be considered against the planning framework.

Nearby landowner Support

• No comments. • Noted.

Nearby landowner Support

• No comments. • Noted.

Nearby Indifferent

• No comments. • Noted.

Has the application been referred to internal departments? - yes Environmental Health – recommends relevant advice notes in regard to

noise and laundry facilities. s ☐ No ☐ N/A

Infrastructure – no objections to second crossover and recommended conditions in regard to sealing the crossover and containment of stormwater to be within the property boundaries. 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? – R5 (assessment of proposed Patio

addition and second crossover only) √ Yes ☐ No

Design Element Policy / R Codes Req

Provided Officer comment

Sides Setback (LPS1) 0.25m 0.5m Complies Rear Setback 6m >6m Complies Secondary Street Setback N/A N/A N/A Garage/Carport Setback N/A N/A N/A Driveway Width 3m - 6m 2.8m Complies Open Space Requirement 70% >70% Complies Upgrade Landscaping ☐ Required √ Not Required Overlooking ☐ Yes √ No Street Walls and Fences √ Yes ☐ No

1.8m high brushwood fence proposed within the front setback area. Overshadowing ☐ Yes √ No Other Variations ☐ Yes √ No Officer’s Comments against

performance criteria The R’Codes requires front fences to be permeable above 1.2m to permit surveillance. As the proposed fence only occupies a small area of the frontage surveillance between the dwelling and the street is still provided.

Development Standards (Schedule 13) Are the development Standards applicable? ☐ Yes √ No Car Parking LPS1 Guest house/B&B requires 1 space for each room of accommodation plus one for the principal dwelling.

Car Bays Required - 3 Car Bays Proposed - 4

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 Officer Comment Nil Building Height Scheme / Policy Requirement Wall - 7m Roof - 8m State the proposed building height Wall – 2.4m

Roof – 2.4m

√ Complies ☐ Doesn’t Comply

Comment Nil

Local Planning Scheme No. 1 Boundary Setback Under LPS1 development on lots zoned Residential R5 is required to be setback 5m from side boundaries. The application

includes a Patio addition which is setback 0.5m from the southern side boundary. Clause 5.5 permits variations to LPS1 standards where consultation with potentially affected landowners is undertaken and the proposal won’t adversely impact residential amenity. The following is noted:

• the variation was referred to neighbours and no comments of concern were received in relation to this aspect of the proposal;

• the site is one of four in a row that are zoned R5 – with lots to the rear (west) and on the opposite side of Grunters Way (east) being generally zoned R10 where the 5m setback does not apply. Accordingly there are many examples in the vicinity of setbacks less than 5m;

• the subject dwelling is already setback less than the required 5m (it was constructed under the previous scheme when the 5m was not a requirement);

• the proposed Patio complies with the requirements of the R’Codes; • the dwelling on the adjoining property is setback substantially from the street and the Patio adjoins open space on

the adjoining lot which includes a lot of vegetation. It is not considered that the proposed Patio raises any amenity issues and it is supported. Land Use LPS1 defines a Guest House as: a building or part of a building occupied as a single dwelling by the proprietor but within which provision is made in

the form of rooms set aside for the short stay accommodation of visitors or guests for hire or reward A Bed & Breakfast is defined as: means a dwelling, used by a resident of the dwelling, to provide accommodation for persons away from their normal

place of residence on a short-term commercial basis and includes the provision of breakfast; for not more than 4 adults or one family in an establishment containing a maximum of 2 guest bedrooms and 1 guest bathroom, located under the main roof of the dwelling house;

The cover letter with the application states that the Guest House land use was chosen because breakfast is not proposed to be provided. However under LPS1 while the B&B land use category includes the provision of breakfast a landowner is not compelled to provide this. The Guest House definition is probably better suited for a larger proposal – i.e., where there are more than two guest bedrooms involved. This proposal is better suited to the B& B definition as it is considered to be low scale in nature and is limited to two bedrooms only. Apart from the car parking ratio in Schedule 12 referred to above LPS1 does not include any specific provisions for a B& B. However the proposal needs to comply with the objectives of the Residential zone which includes preservation of amenity and sense of place. It is considered that these objectives are met as the dwelling will still operate as the landowner’s main residence and their onsite presence will provide a form of control over any potential impacts. Fencing Gnarabup is identified as Special Control Area No.3. Under the relevant provisions boundary fencing is not considered necessary on lots greater than 1000m² and preference will be shown for fencing around an area used for active residential purposes. In addition brushwood fencing is permitted only within the approved building envelope. The proposed internal fence around a garden area for guests generally complies with these provisions. Clause 10.2 A. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 10.2 of the Scheme?

Officer Comment

Yes

B. In the opinion of the officer: i. Are utility services available and adequate

for the development? Yes

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

Impacts from guests staying at the property are unlikely given the presence of an onsite manager.

RECOMMENDATION This application for a B&B, Patio Addition and Fencing is recommended for approval. As is standard practice the B&B use will be approved for 12 months and thereafter the landowner can apply for a longer term (generally 3 years).

OFFICER RECOMMENDATION That the Manager of Planning & Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 20 pursuant to Clause 10.3 of Local Planning Scheme No. 1 for a Guesthouse, Patio Addition & Fencing at 34 (Lot 151) Grunters Way, Gnarabup 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 Plans entitled P1 – P3 received by the Shire on 23 December 2014.

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. (P)

2. The Bed & Breakfast use is limited to a period of 12 months from the date of this approval (refer to advice note a.).

(P)

3. The Bed & Breakfast hereby approved shall be occupied by no more than four (4) guests or one family undertaking short stay accommodation at any one time (refer to advice note b). (P)

4. The tea & coffee facilities area identified on approved Plan P1 shall not be modified/expanded to include any cooking

facilities. (P)

5. The Dwelling on site shall be occupied as a residence by the operator of the Guesthouse at all times the Guesthouse use is in operation. (P)

6. An Emergency Response Plan and Emergency Evacuation Plan (i.e., fire escape route maps and other details as

required) shall be displayed in a conspicuous location within the Guesthouse at all times it is operating. (P)

7. All vehicles connected with the premises including trailers, boats and the like shall be parked or garaged within the boundaries of the premises. (P)

8. Vehicle crossovers shall be designed and constructed in accordance with the Shire’s crossover standards and

specifications, prior to occupation of the development. (I)

9. The portion of fencing identified on approved plan P1 shall be designed to comply with the sight line requirements of the Residential Design Codes (refer advice note ‘f’). (P)

10. All stormwater and drainage run-off from the development shall be contained within the lot boundaries. (I)

ADVICE NOTES a. Following satisfactory performance of the approved Guesthouse use, and in the absence of any substantiated

complaints over the twelve (12) month approval period, the Shire may grant further planning approval for the continuation of the use for a further three (3) 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. (P)

b. Short stay accommodation means accommodation for no more than a total of three (3) months in any (12) month period. (P)

c. Noise emissions (sound levels) shall comply with the Environmental Protection (Noise) Regulations 1997. (EH)

d. Laundry facilities should be provided within the proposed development in accordance with the Health Act (Laundries

and Bathroom) Regulations, Building Code of Australia, and Shire of Augusta Margaret River Health Local Laws 1999. (EH)

e. Works are prohibited within the road reserve including any pruning or clearing of vegetation without prior written

approval of the Shire. The Proponent shall submit and implement a Traffic Management Plan prepared by an

accredited Traffic Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works on or within the road reserve (including road). (I)

f. Fences truncated or reduced to no higher than 0.75m within 1.5m of where fences adjoin vehicle access points

where a driveway meets a public street. (P)

g. Should food be provided for lodgers, notification shall be made in the approved form to the Shire in accordance with the Food Act 2008 and subsequent compliance shall be achieved in relation to chapter 3 of the Food Safety Standards within the Food Standards Code. (EH)

h. You are advised of the need to comply with the requirements of the following other legislation:

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

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