DEVELOPMENT ASSESSMENT UNIT On 19 May 2020 ATTENDANCE Address Proposal … · 2020-05-26 ·...

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 19 May 2020

ATTENDANCE Lucy Gouws, Chris McAtee, Chris Wenman, Jason Heine PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

13/05/2020 A1403 5 (Lot 138) Tattersall Street, East Augusta

Outbuilding P220251

13/05/2020 A4721 19 (Lot 30) Duggan Drive, Cowaramup

Dwelling Addition (carport) P220252

13/05/2020 A5783 Unit 1 1 (Lot 158) Boodjidup Road, Margaret River

Winery P220253

13/05/2020 A10000 A3666

10890 (Lot 5585 & 5612) Bussell Highway, Forest Grove

Additions (Outbuilding) P220254

13/05/2020 A7952 91 (Lot 110) Baudin Drive, Gnarabup

Additions P220255

13/05/2020 A12312 101 (Lot 31) Oldfield Road, Treeton Amendment P220256 13/05/2020 A12547 9 (Lot 60) Wisteria Crescent,

Margaret River Single Dwelling P220257

13/05/2020 A9851 4 (Lot 511) Malbec Street, Cowaramup

Outbuilding P220258

14/05/2020 A5682 Unit 11 14 (Lot 5) Willmott Avenue, Margaret River

Chalet P220259

15/05/2020 A12597 164 (Lot 31) Darch Road, Margaret River

Outbuilding P220261

BUILDING LICENCE APPLICATIONS RECEIVED Date Rec’d

Assess No.

Address Proposal BLDG No.

12/05/2020 A10659 35 (Lot 303) Devon Drive, Margaret River

Single Dwelling 220163

12/05/2020 A12080 45 (Lot 200) McDermott Parade, Witchcliffe

Shed 220192

11/05/2020 A12900 8 (Lot 4) Bettong Place, Witchcliffe Single Dwelling 220198 12/05/2020 A7847

A5827 42 (Lot 5) Thomson Road, Bramley Patio 220199

12/05/2020 A12704 5 (Lot 44) McDowell Road, Witchcliffe

Single Dwelling and Rainwater Tank

220200

12/05/2020 A7952 91 (Lot 110) Baudin Drive, Gnarabup

Patio and Lean To 220201

13/05/2020 A5799 219 (Lot 129) Blackwood Avenue, Augusta

Single Dwelling 220202

13/05/2020 A7965 11 (Lot 123) Lesueur Place, Gnarabup

Shed 220203

14/05/2020 A3899 31-79 Wallcliffe Road Margaret River

Shed 220204

15/05/2020 A2814 27 (Lot 73) Bovell Avenue Margaret River

Unauthorised Works - Ensuite, Verandah and Deck

220207

SUBDIVISIONS DETERMINED

Date Rec’d

Assess No.

DA No. Address Description of Matter Recommendation

19/05/2020 A12210 A546

P220266

Lot 1968 McDonald Road, Karridale

Subdivision - Road Widening

Complete

LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

28/11/2019 Lezia Sandon

500 (Lot 1) Warner Glen Road, Forest Grove

Rural Industry (Beverage Manufacturing)

Approved P219726


5 (Lot 239) Minchin Way, Margaret River

Industy Light - Commercial Kitchen

Cancelled P220077

28/02/2020 Devin Moltoni

779 (Lot 511) Davis Road, Rosa Glen

Section 40 - Producers License

Approved P220145


779 (Lot 511) Davis Road, Rosa Glen

Rural Produce Sales - Cellar Door

Approved P220146


29 (Lot 200) Le Souef Street, Margaret River

Guest House Additions (Serviced Apartment)

Approved P220152


335 (Lot 3146) Rowe Road, Witchcliffe Holiday House Large Approved P220179

21/04/2020 Lara Hoole

Unit 4 / 69 (Lot 34) Bussell Highway, Cowaramup Shop Approved P220226

06/05/2020 Lara Hoole

(Lot 181) Salter Street, Gracetown

Sea Search & Rescue Outbuilding - Addition

Approved P220244

13/05/2020 Lucy Gouws

10890 (Lot 5585 & 5612) Bussell Highway, Forest Grove Additions (Outbuilding) Approved P220254

13/05/2020 Clare Hamilton

91 (Lot 110) Baudin Drive, Gnarabup

Dwelling Additions (pergola & lean-to)

Approved P220255


64 (Lot 199) Point Marmaduke Drive, Gnarabup Ancillary Dwelling Approved P220262


21 (Lot 12) Mansfield Avenue, Margaret River

Dwelling Addition (Outbuilding)

Approved P220263

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.


16 A (Lot 161) Wooredah Crescent, Prevelly

Holiday House Approve P220089


20 (Lot 13) Loaring Place, Margaret River

Building Envelope Variation (Ancillary Dwelling, carport & 2 x water tank)

Approve P220072


20 (Lot 13) Loaring Place, Margaret River

Holiday House Approve P220071

MANAGEMENT OF VEGETATION ON SHIRE RESERVES Nil

LOCAL LAW PERMITS Date Rec’d

Officer Address Proposal Outcome DA No.

12/05/2020 Emma Rogers

31-79 (Lot 1003) Wallcliffe Road, Margaret River

Local Law Permit - Running Group

Approved P220249

14/05/2020 Emma Rogers

Cowaramup Recreation Ground, Reserve 19416

Amendment to Local Law Permit P220242 - Zumba Dance Fitness Class

Approved P220260

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 Holiday House at 16A (Lot 161) Wooredah Crescent Prevelly Major (Level 2) P220089; PTY/10593

REPORTING OFFICER : Lezia Sandon DISCLOSURE OF INTEREST : Nil

General Information Lot Area 580m² Zone R15 Existing Development √ Single House

☐ Grouped Dwelling Proposed use A planning application has been received for a Holiday House use. The

proposal was for the dwelling to accommodate up to six (6) short stay guests. Limitations for car parking has resulted in guest numbers being reduced to 4 guests or a single family of 6. The dwelling has 3 bedrooms (each with a double bed) with carparking within a single carport. The Holiday House management will be conducted by the owners who reside in the neighbouring Site Lot 162 Wooredah Crescent. The application initially proposed 2 of the 3 car parking spaces over the irrigation area. This arrangement is not acceptable, and the proposal has been revised to include 2 car parking spaces within the existing carport.

Permissible Use Class ‘A’ – discretionary use Advertising Required Yes – completed Reason not exempted from planning approval?

Discretionary uses are not permitted unless the Shire exercises its discretion by granting development approval.

Heritage/Aboriginal Sites N/A Encumbrance Covenant in favour of Lot 161 – For the preservation of ocean views for Lot

161 (the Site) over adjoining Lot 162. Date Received 07/02/2020 Date of Report 9/4/2020

Have there been any objections? √ Yes ☐ No Comments Received: 1 Nature of Submission Officer Comments

• Number of guests is excessive with a small lot.

The proposal is reduced to 4 guests or a family of 6. The occupancy is consistent with Short Stay Policy. The applicant has advised that the property will be marketed for families. The size of the dwelling as a Holiday House complies with the Short Stay Policy.

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

• Inadequate vehicle parking.

• Additional traffic along Wooredah Crescent.

• Impacts to amenity.

Given the Site only has 2 parking spaces, the proposal has been revised to only allow 4 guests or a single family of 6. It is recommended as a condition of approval that the short stay use of the dwelling: • Is restricted to 2 vehicles with modifications to

the House Rules advising guests of the limited parking, and

• All vehicles associated with the Holiday House shall be parked within the lot boundary.

The application is only for 4 guests. The applicant is the adjoining landowner north of the site on Lot 162. The owner proposes to manage the holiday house.

Policy Requirements Policy Element Provision Comment Location Coastal settlement √ Yes ☐ No

Urban area located within Policy Plan 1? ☐ Yes √ No Within 50m of Village Centre zone? ☐ Yes √ No Located outside of Policy Plan 1 but comprise of an area not less than 1ha?

☐ Yes √ No

Design / Layout One parking bay per bedroom, Or two bays for grouped dwellings

☐ Yes √ No Guest numbers have been lowered to 4 guests or one family of 6.

Reticulated water supply, or minimum 120,000 (plus firefighting provision) rainwater tank?

√ Yes ☐ No

Existing or proposed one site effluent disposal system sized accordingly to number of guests?

√ Yes ☐ No

Decks and balconies located away from the bedrooms of neighbouring dwellings?

√ Yes ☐ No

Decks and balconies located close to the living and dining areas of neighbouring dwellings, provided with suitable screening?

√ Yes ☐ No

Each bedroom accommodates a maximum of two persons?

√ Yes ☐ No

Fire If within bushfire prone area a BAL provided? √ Yes ☐ No For sites with a BAL above Low, a BMP prepared by accredited consultant and where required referred to DFES for comments?

√ Yes ☐ No

BAL rating at BAL-40 or FZ? ☐ Yes √ No Management Management Plan submitted? √ Yes ☐ No

BEEP provided √ Yes ☐ No The BEEP has been revised accordingly.

Manager, or employee permanently resides 35m drive from Site?

√ Yes ☐ No

House Rules? √ Yes ☐ No Amplified music may not be played outside between the hours of 10pm to 10am

Require as a condition

Display the manager’s 24hr contact details Require as a condition Recommended period of approval

√ 12 months ☐ 3 years

OFFICER RECOMMENDATION That the Acting Statutory Planning Coordinator 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 a Holiday House at 16 A (Lot 161) Wooredah Crescent Prevelly 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 to P3 received by the Shire on 7 February 2020

1. The Holiday House use permitted for a period of 12 months from <date of this approval> to <end of date of approval>. (Refer to advice note ‘a’)

2. The approved Bushfire Emergency Evacuation Plan and Bushfire Management Plan shall be modified and displayed in a conspicuous location within the dwelling at all times.

3. A Manager or a contactable employee of the Manager that permanently resides no greater than a 35 minute

drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 35 minutes of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note ‘b’)

4. At all times the Holiday House use is in operation, the 24-hour contact details of the Manager of the Holiday

House shall be displayed on a sign that is clearly visible from the nearest street frontage. The sign is limited to a maximum size of 0.2 metres square and not exceeding 1.5 metres in height from the ground level. The sign shall be erected within the property frontage and must be visible from the front street. (Refer to advice note ‘c’)

5. All vehicles & boats connected with the premises shall be parked within the boundaries of the property.

Parking of vehicles is not permitted on the effluent irrigation area. 6. The short stay use of the dwelling shall not be occupied by more than 4 people or 6 people of one family at

any one time. 7. Amplified music shall not be played outside of the holiday house between the hours of 10pm and 10am. 8. ‘House Rules’ shall be developed to the satisfaction of the Shire prior to the commencement of use.

Thereafter the ‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer to advice note ‘f’)

9. Any marketing material for this Holiday House shall include display of the planning approval reference number for this approval. (Refer to advice note ‘g’)

ADVICE NOTES a) Following satisfactory performance of the approved 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.

a) If at any time there is not an appointed manager or a contactable employee of the manager for the site, the

use must cease until such time as a manager is appointed. b) Evidence of installation of the sign will be required to be provided, to the satisfaction of the Shire, at the time

an application to renew the Holiday House use is lodged. c) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. d) You are advised of the need to comply with the requirements of the following other legislation:

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

(i) 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.

e) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses

(please refer to the attached document).

f) Evidence of the display of the planning approval reference number within the marketing of the Holiday House is required to be provided, to the satisfaction of the Shire, at the time an application to renew the Holiday House use is lodged. Applicants are advised to include a screenshot of the website, to show that the planning approval reference number is being displayed.

g) The House Rules and advertisement for the Holiday House shall advise potential hires and guests that there is limited parking onsite and restricted to 2 vehicles.

h) Please note that the Shire does not notify landowners in writing of the expiry of a Holiday House planning approval. It is the owners responsibility to monitor and ensure that the planning approval remains valid while the use is being undertaken.

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services Proposed Building Envelope Variation (Ancillary Dwelling, Carport and 2 x Water Tanks) at 20 (Lot 13) Loaring Place Margaret River Major (Level 2) P220072; PTY/3359

REPORTING OFFICER : Clare Hamilton DISCLOSURE OF INTEREST : Nil

General Information Lot Area 30,738m² (3.7ha) Zone Rural Residential Proposed Development Retrospective planning approval is sought for an Ancillary Dwelling (74.35m²),

carport, water tank (160,000 litre) and retaining wall constructed without planning approval. The unauthorised construction of the above structures is subject of a separate planning compliance matter (ref P219617). Which is being dealt with separately from this subject application. The Site does not have an existing building envelope, a common occurrence and the application seeks to nominate the envelope. The ne envelope encompasses existed approved development and unapproved development. The application also seeks approval to construct an additional 160,000 litre water tank and carport adjoining the Ancillary Dwelling, both located inside the proposed building envelope. Vegetation clearing has also occurred on site for which retrospective approval is also sought. The proposed building envelope is 3014m² in area.

Permissible Use Class Where a Building Envelope is not specified for a lot one may be nominated in accordance with clause 4.22.2 (e) and variations in accordance with 5.10 of Local Planning Scheme No.1 (LPS1). Ancillary Dwelling, 2 x water tanks, carport and retaining wall – ancillary to Dwelling ‘P’ (permitted) where it meets the requirements of the Scheme and is located inside an approved building envelope.

- The retrospective Ancillary Dwelling has a floor area of 74.35m² in lieu of the maximum 70m² requirement of the Scheme.

- The 2 x water tanks and carport present variation to the minimum rear lot boundary setback of 30m

Heritage/Aboriginal Sites Nil Encumbrance Nil Date Received 30/01/2020 (Final receipt of further information on 23/4/20)


Figure 1 - Location Plan

Figure 2 – The Site

Location of proposed carport Retrospective Retaining

Wall Existing approved Dwelling & 120,000 litre water tank

Existing approved 10,000 litre fire -fighting water tank

Existing approved Outbuilding (shed)

Unauthorised vegetation clearing

Winter creek

Bus – to be relocated on site and located adjacent to the dwelling

Location of proposed 160,000 litre water tank

Retrospective Ancillary Dwelling and160,000 litre water tank

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 Planning History Planning Approval P284 granted 14 March 1988 and Building Permit Approval BLD881141 granted 22 March 1988 for a Dwelling and water tanks Planning Approval P959 granted 6 March 1992 and Building Permit Approval BLD920060 granted 11 August 1992 for an Outbuilding (shed) Building Permit Approval BLD970230 granted 22 May 1997 for Dwelling Additions (study and veranda) 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 One submission received in objection

Details of Submission Officer Comment

Retrospective approval is sought for a Building Envelope variation and Ancillary Dwelling following disregard of the planning process. Concern the proposed Ancillary Dwelling is a second Dwelling and its size is larger than the maximum permitted floor area under the Residential Design Codes (RCodes) Concern over the size and location (to boundaries) of the proposed envelope and development. Query regarding which lot boundaries are considered front, side and rear and why the 60m minimum setback is not applied to Wallcliffe Road.

The property is subject of separate compliance matter with the Shire for the unauthorised development. Retrospective planning approval is being sought (the subject of this application). The assessment below concludes that the development is considered capable of being approved, subject to conditions. Under LPS1 the definition of an Ancillary Dwelling is as defined under the RCodes. This is stated as a ‘self-contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house’. Clause 5.28 of LPS1 limits the floor area of Ancillary Dwelling to 70m². The proposed Ancillary Dwelling is 74.35m² in floor area. It includes one bedroom, a bathroom, laundry and open plan kitchen/living area. The building is self-contained and of a size generally consistent with the above standards for an Ancillary Dwelling. It is located on a property with an existing approved Single Dwelling to which it would be ancillary. An Ancillary Dwelling is a ‘P’ (permitted) use in the Rural Residential zone. This means that prior planning approval is not required where the development achieves compliance with planning standards. The requirement for planning approval is triggered in this instance for a variation to the maximum floor area, the associated vegetation clearing and the variation to the building envelope. Assessment of the size and location of the proposed building envelope is provided below and is considered capable of being supported. Schedule 9 of LPS1 sets out the development standards for lot boundary setbacks in the Rural Residential zone. The subject site is accessed via battle-axe driveway from the north and therefore does not have a front lot boundary. All boundaries are treated as side boundaries apart from the south east boundary with Wallcliffe Road which is treated as the rear. Additionally, where a lot boundary abuts a Highway, main road or travel route corridor a 60m minimum setback for development is applied. Caves Road is considered a main road, the south west lot boundary therefore requiring a 60m minimum setback.

Concern whether the Ancillary Dwelling complies with building code standards Concern over proximity of development to and impact on the winter creek The site plan does not include the location of the septic system and leach drains for the Ancillary Dwelling nor its location to the creekline. The Ancillary Dwelling could in the future be extended to be larger if given approval now where located in the building envelope. The Shire will not have control to stop such an extension if it meets building standards Concern over unauthorised clearing in the SW corner of the site where a bus is parked.

Wallcliffe Road is a local road and not in a travel route corridor, it is not subject to the 60m setback requirement. The minimum setback requirement to this boundary is 30m. Assessment of development setbacks to boundaries is provided below. Should planning approval be granted for the Ancillary Dwelling a building permit is required. The standard of construction of the Ancillary Dwelling is assessed under the Building Codes stage. Assessment of the proposed development in relation to the creek is provided below and is not considered will have any detrimental impact. The site plan was subsequently updated by the proponent to show the effluent system. An application has been submitted to the Shires Health Services for approval to construct an effluent system for the Ancillary. This system has been approved by the Shire Health Services. This statement is incorrect. The maximum floor area of an Ancillary Dwelling to achieve compliance with planning standards where located inside a building envelope if 70m². The proposed Ancillary Dwelling subject of this application has a floor area of 74.35m². Any addition to this building would increase the floor area further and would present a variation to planning standards for which prior planning approval would be required. A building permit approval could not be granted without having obtained planning approval in the first instance. Refer to assessment below for further detail.

Internal Department Comments Officer Comments Building Services A building surveyor contractor will need to be engaged to assist in the preparation of documents for an application for Building Approval Certificate.

Noted – recommend inclusion of advice note in this regard.

Health Services Approval to construct the effluent apparatus was issued by Health Services issued 10/02/20 for upgrade in system to accommodate the Ancillary Dwelling.

Noted. Refer to further detail on assessment below.

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 Development Standards (Schedule 9) Are the development Standards applicable? √ Yes ☐ No LPS1 Schedule 9 The development standards in Schedule 9 of LPS1 are applicable and assessed as follows. Setback to existing approved development on site is included for information only.

LPS1 Development Standards for Building Envelopes The above variations are not considered to have an adverse impact to the amenity of the area and the proposed envelope is considered acceptable pursuant to LPS1 Clauses 4.22.2, 5.5 and 5.10.2 for the following reasons:

• The nominated building envelope is proposed to accommodate an existing unauthorised ancillary dwelling in association with an approved single dwelling on site therefore preserving the rural residential use of the land.

• The visual amenity and rural character of the locality will not be detrimentally affected by the proposed development and nominated building envelope.

A portion of the proposed building envelope at its northwest corner is setback 52.7m from Caves Road in lieu of the 60m minimum requirement. The existing approved fire-fighting water tank (setback 56.7m) and shed (setback 55.8m) already present variation to the 60m minimum setback requirement to Caves Road. The reduced setback to Caves Road is a marginal variation to the minimum setback requirement and is considered acceptable to allow the building envelope to contain and rationalise existing approved development on site. It is also noted that most of the building envelope line at its western extent achieves a setback of 60m or greater to Caves Road. A small portion of the existing shed is located outside the proposed building envelope at this extent; however, this is considered acceptable in order to retain most of the building envelope line setback at 60m. Variation to the minimum 30m rear (SE Wallcliffe Rd) boundary setback requirement is generated by the proposed building envelope, Ancillary Dwelling carport (proposed) and both the constructed and proposed water tanks. It is noted that the Ancillary Dwelling itself is setback 30.1m from the rear boundary achieving compliance with the minimum setback requirement. The building envelope is setback 20m at its closest point to the rear lot boundary adjacent to the line of the existing driveway, with the remainder of the proposed development setback further between 23.1m to 25.6m. The setback of the building envelope to the rear boundary increases to 29.7m at its eastern extent near the Ancillary Dwelling. This a result of the proposed building envelope being positioned to align closely with the location of the proposed and retrospective structures associated with the Ancillary Dwelling. The variations presented to the setbacks are generated by the water tanks and carport which are small scale and would be grouped with the existing Dwelling and Ancillary Dwelling on site. The rear lot boundary is adjacent to a Shire Reserve 37326 which is a densely vegetated area that runs along Wallcliffe and Caves Road. This with the combination of existing vegetation on site ensures that the visual amenity

Setback Scheme Standard

Existing Approved Development Setback

Compliance Proposed Development Setback

Compliance

Rear (SE Wallcliffe Road)

30m Dwelling – 38m Shed – 60m Water Tank – 56m Fire fighting water tank – 65m

Complies Complies Complies Complies

Building Envelope – 20m Retrospective Ancillary Dwelling – 30.1 Ancillary Carport (proposed) – 25.6m Retrospective Water Tank – 23.1m Water Tank (proposed) – 23.9m

Variation Complies Variation Variation Variation

Side (north east)

10m Dwelling – 76m Shed – 98m Water Tank – 88m Fire fighting water tank – 102m


Building Envelope – 6.4m Retrospective Ancillary Dwelling – 22.6m (retaining wall is 13.4m) Ancillary Carport (proposed) – 24.8m Retrospective Water Tank - 32.5m Water Tank (proposed) – 44.5m

Variation Complies Complies Complies Complies

Side (north west)

10m Dwelling – 101m Shed – 88.7m Water Tank – 92.8m Fire fighting water tank – 86.3m


Building Envelope – 83m Retrospective Ancillary Dwelling – 116.3m (108m to retaining wall) Ancillary Carport (proposed) - 121.9m Retrospective Water Tank – 126m Water Tank (proposed) – 124.5m

Complies Complies Complies Complies Complies

Side (south west, Caves Road)

60m Dwelling – 70.9m Shed – 55.8m Water Tank – 66.7m Fire fighting water tank – 56.7m

Complies Variation Complies Variation

Building Envelope – 52.7m Ancillary Dwelling – 125.7m Ancillary Carport (proposed) 125m Retrospective Water Tank – 118.9m Water Tank (proposed) – 106.8m

Variation Complies Complies Complies Complies

and rural character of the area is not adversely impacted by the proposed development or reduced setbacks to Caves and Wallcliffe road lot boundaries. Variation to the minimum 10m side (north east) lot boundary setback is generated by a small portion of the eastern corner of the proposed building envelope. The envelope is setback 6.4m to the boundary and is positioned to encompass earthworks next to a retaining wall constructed to stabilise the site relative to the Ancillary Dwelling and existing driveway. The retaining wall itself is setback 13.4m to the side (north east) boundary therefore achieving compliance with the minimum 10m setback requirement. Considering there is a very small portion of land within this part of the envelope that does not lend itself to further development the variation to the setback is considered negligible. All other proposed structures on site comply with the minimum setback requirement to this boundary. It is also noted that the existing driveway runs north to south along the side (north east) lot boundary with access gained to the Ancillary Dwelling immediately off this. The driveway is located to the south and east of the proposed/retrospective development this forming an existing cleared area closer to the boundaries than the proposed development or building envelope line. The driveway alignment has not been amended by the proposal.

• Development within the proposed building envelope will not render the protection of the property from the risk of

bushfire any more difficult to achieve than the exiting context. Aerial photographs below identify clearing that has been undertaken on site since 2013 (date since current ownership).

December 2013

February 2017

February 2020

Unauthorised clearing has occurred for the construction of the Ancillary Dwelling and installation of its Asset Protection Zone (APZ) to reduce the bushfire attack level from BAL-Flame Zone to BAL-29. The APZ extends from the ancillary dwelling 21m to the north, east and west and 33m to the south as per the extract below. Extract of APZ from Ancillary Dwelling BAL Report

Clearing undertaken for construction of the Ancillary Dwelling, water tank and associated APZ is not exempt from the requirement for planning approval under clause 5.20.1 or 4.22.2 of LPS1. Clause 5.20.1(b) of LPS1 states that in assessing a proposal to remove vegetation the Shire will consider the type and quality being removed. Inside the APZ an area of approximately 700m² has been cleared for the construction of the Ancillary Dwelling, carport and water tank. The owner has noted that the vegetation that was cleared was less dense and of lesser quality than the remainder of the site. Clearing included removal of grass trees, bush scrub and a small number of native trees all of which under 4m in height. The remainder of the clearing within the APZ involves understorey parkland clearing/thinning to a low threat state in accordance with requirements of the Guidelines to State Planning Policy 3.7 Planning in Bushfire Prone Areas Appendix 4 Element 2 and Appendix 4 Schedule 1 Standards for Asset Protection Zones. No further tree removal is proposed in the APZ. The clearing associated with the construction of the Ancillary Dwelling (and associated structures) is considered minor in the context of the lot where the remainder is densely vegetated.

It is also noted that a portion of the south western extent of the Ancillary Dwelling APZ (in the vicinity of the water tanks) is already included within the APZ required for the existing Dwelling. The proponent has provided a BAL report for the Dwelling which concludes that there is an existing APZ in pace that achieve a BAL-29 rating. The APZ extends 21m from the dwelling to the north and east and 27m to the south as per map extract below: Extract of APZ from Dwelling BAL Report

Of further note a condition of planning approval for the existing Dwelling (Planning Approval P284 granted 14 March 1988) permitted clearing of vegetation up to 20m around the Dwelling for fire protection purposes. The existing cleared area around the Dwelling is consistent with this requirement, albeit the full 20m extent has not required to be cleared in order to achieve a BAL-29 rating. The rating has been achieved through management of understorey under the mature trees that remain on the outer extent of the APZ. The south west portion of the APZ for the Ancillary Dwelling overlaps with the Dwelling APZ. The vegetation that has been cleared in this area could already have been removed without prior approval under the existing Dwelling APZ management requirements. The Ancillary Dwelling APZ is largely located inside the proposed building envelope, however, partially extends outside the envelope to the south, north and east. Where the APZ extends outside the envelope only the understorey requires to be managed to a low threat state as described above. It is also noted that where the APZ extends to the south and east these areas fall over the existing driveway which is already cleared. The clearing undertaken and the vegetation required to be managed as part of the APZ is not considered to be detrimental to adjoining lots.

• The proposed building envelope is 3014m² in area which is larger than the average 2000m² area noted in clause 4.22.2 (e) of LPS1. Notwithstanding this, it is not unusual for this size of building envelope to be approved in the locality. The size of the envelope results is 9.8% (0.098 plot ratio) of the total lot area and therefore less than the maximum 0.1 plot ratio for development required under Schedule 9 Development Standards of LPS1 for zone. The proposed building envelope is large enough to encompass the Dwelling and Ancillary Dwelling (including associated infrastructure) without having detrimental effect on the environment whilst balancing bushfire risk. It is noted that the existing effluent system has been upgraded to service the Ancillary Dwelling. The septic tanks are located adjacent to the existing dwelling inside the proposed building envelope with only part of the leach drains extending outside the envelop to the south. The system is fully underground and clearing has not been required for its installation.

• A winter creek runs parallel to the south east lot boundary where it is situated in the adjoining Reserve R37326. The creek enters the site in the south west corner before it passes under Caves Road. The proposed development (including effluent system) is located so as not to have adverse impact on the creek. Although there are no minimum setback provisions to creeks in LPS1, the proposed development is setback an adequate distance. It is located approximately 30m from the creek. It is noted that the existing approved development on site is located 25m to the creek. Clause 5.21 of LPS1 requires that development does not reduce the natural flow of a creek or direct any stormwater to the watercourse. Should planning approval be granted it is recommended that a condition is included to require all stormwater run-off from the development to 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.

Clearing in south west of the Lot Clearing of a small area in the south west of the lot (refer Figure 2 above) was undertaken by the owner in 2017. This was undertaken without prior approval and is therefore contrary to the requirements of clause 5.20 of LPS1. The owner has confirmed clearing was largely of low-lying shrubs and grass trees with a small number of established trees removed. The owner’s intension at the time of clearing was to plant fruit trees and vegetables in this area, however these plans have subsequently been abandoned. A site visit was undertaken by the assessing officer accompanied by the environmental officer which confirmed the information provided by the owner and that vegetation has started to regenerate in this area. It is not considered necessary to require replanting and the owner has agreed to allow the area to naturally regenerate. A bus is also currently parked in this area along with other discarded debris. The owner has been instructed to remove the debris and relocate the bus to the existing lot driveway adjacent to the dwelling. It is recommended that any approval granted conditions the requirement above. Ancillary Dwelling Floor Area The Ancillary Dwelling has a floor area of 74.35m² in lieu of the 70m² maximum requirement of LPS1 Clause 5.28. The increased floor area is considered a minor variation. It is noted that the proposed Ancillary Dwelling is located on site to comply with minimum lot boundary setbacks. It is designed and sited to be in keeping with the rural character of the area and to minimise amenity and landscape impacts. Car Parking LPS1 / R Codes Requirement

Car Bays Required - 3 Car Bays Proposed ->3

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 –

Ancillary Dwelling – 4.2m

Roof – Ancillary Dwelling – 4.2m Ancillary Carport – 3.9m

√ Complies ☐ Doesn’t Comply

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

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

adequate for the development? Yes. The 2 water tanks proposed will supply 320,000 litres of domestic

water. This in addition to the existing approved 120,000 litre tanks for the dwelling and 10,000 litre tank for fire-fighting purposes.

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

Yes – refer to discussion above.

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 – refer to discussion above.

The lot is in Visual Management Area A under the Local Planning Strategy which requires that development should result in inevident visual alteration to the landscape. Whilst changes may occur, the development should be of similar form, scale and pattern to the existing landscape. The proposed development is considered to achieve this intent. The Ancillary Dwelling wall cladding is hardie easylap in a dark grey which matches the colour of the existing dwelling on site. A condition of planning approval is recommended to require that materials and colours used for the remaining proposed structures are non-reflective and in-keeping with the natural environment.

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

Yes. A Bushfire Attack Level Assessment submitted with the application confirms the Ancillary Dwelling achieves a rating of BAL-29 with an existing APZ in place.

Other Comments Any further comments in relation to the application? Officer Comment Recommend Conditional Approval.

OFFICER RECOMMENDATION That the 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 a Building Envelope Variation (Ancillary Dwelling, Carport and 2 x Water Tanks) at 20 (Lot 13) Loaring Place, 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 – P3 received at the Shire on 17 April 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 structures the subject of this approval shall be clad in a non-reflective material and painted in a colour of natural

or earth toning consistent with the existing landscape and existing development. To this end, reflective materials (including but not limited to 'silver' sheeting) or reflective colours as cladding/external painting (including but not limited to white, cream, off white or pale grey) are prohibited.

4. The 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 (refer advice note ‘c’).

5. The Ancillary Dwelling is not permitted at any time to be used for short stay accommodation. 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.

b) The bus currently parked in this area is to be relocated to the dwelling driveway or removed from site. All debris in this location is also to be removed and the area shall not to be used for storage at any time.

c) No further clearing is permitted and as annotated on approved plan P1 this area is to be left to naturally regenerate.

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services Proposed Holiday House at 20 (Lot 13) Loaring Place, Margaret River Major (Level 2) P220071; PTY/3359

REPORTING OFFICER : Clare Hamilton DISCLOSURE OF INTEREST : Nil

General Information Lot Area 30,738m² (3.7ha) Zone Rural Residential Existing Development √ Single House

☐ Grouped Dwelling Proposed use A planning application has been received for a Holiday House use. The existing 3-

bedroom dwelling is proposed to be used to accommodate up to four (4) short stay guests at any one time. The owner intends to reside in an Ancillary Dwelling on site and will manage the Holiday House use. The Ancillary Dwelling on site is subject of separate planning application P220072 currently being processed to a decision. This application seeks retrospective approval for the Ancillary Dwelling and a 160,000-litre rainwater tank constructed without approval. The application includes an additional 160,000 litre rainwater tank and carport associated with the Ancillary Dwelling (refer to Figure 3). The unauthorised construction of the above structures is also subject of planning compliance matter P219617 dealt with separately. It is noted that this compliance matter also included the unauthorised use of the Ancillary Dwelling as short stay accommodation. The owner has ceased the short stay use on site and has subsequently submitted the subject application for a Holiday House in the primary dwelling as described above. It should be noted that the subject application can be processed to a decision without conclusion of the pending planning application for the Ancillary Dwelling. A Holiday House use in the primary dwelling on site can be considered under the Shires Local Planning Policy 7 Short Stay Accommodation LPP7.

Permissible Use Class

‘A’ – discretionary use

Advertising Required Yes – completed Reason not exempted from planning approval?

Discretionary uses are not permitted unless the Shire exercises its discretion by granting development approval.

Heritage/Aboriginal Sites

N/A

Encumbrance N/A Date Received 30/01/2020 Date of Report 21/5/20 (Final receipt of further information on 23/4/20)


Figure 1 - Location Plan

Figure 2 – Site Context

Existing Dwelling - proposed as Holiday House

Existing 120,000l water tank

Existing 10,000 litre fire-fighting tank

Existing Outbuilding (shed)

Ancillary Dwelling & 160,000l water tank – subject of separate application P220072

Figure 3 - Site Plan extract from separate planning application P220072

Have there been any objections? √ Yes ☐ No One submission received in objection

Submission Comments Officer Comments The Ancillary Dwelling had been let on Air BnB for over 6 months previously. Query if the owners will live in the Ancillary Dwelling while renting out the main house. Concern the owner will still rent out the Ancillary Dwelling rather than the main dwelling for short stay. Under the new guidelines, ‘studios’ are not to be used for short term rental but how will the Council know if both buildings are on Air BnB?

The statement is correct that Local Planning Policy 7 - Short Stay Accommodation (LPP7) does not permit the use of Ancillary Dwellings for short stay accommodation. The Shire is aware of the unauthorised use of the Ancillary Dwelling for short stay purposes in the past. This is subject of planning compliance matter P219617 dealt with separately from the subject application. The subject application seeks approval to use the main dwelling on site as a Holiday House and the owner proposes to reside in the Ancillary Dwelling. This arrangement meets the provisions of LPP7. The lot is in the Rural Residential zone. A Holiday House is a discretionary use in this zone meaning it can be considered by the Shire following advertising to adjoining owners. The location of the proposal is consistent with the acceptable development standards of LPP7 and meets all provisions. A condition of an approval will not permit the use of the Ancillary Dwelling for short stay purposes. It is the obligation of the proponent to comply with the conditions of a planning approval. Should the proponent not adhere to these conditions the Shire can take compliance action.

Policy Requirements Policy Element Provision Comment

Location Coastal settlement ☐ Yes √ No

Urban area located within Policy Plan 1? ☐ Yes √ No Within 50m of Village Centre zone? √ Yes √ No Located outside of Policy Plan 1 but comprise of an area not less than 1ha?

√ Yes ☐ No

Design / Layout One parking bay per bedroom, Or two bays for grouped dwellings

√ Yes ☐ No

Reticulated water supply, or minimum 120,000 (plus firefighting provision) rainwater tank?

√ Yes ☐ No Exiting 120,000L domestic tank and 10,000l firefighting tank services the dwelling.

Existing or proposed one site effluent disposal system sized accordingly to number of guests?

√ Yes ☐ No Existing effluent system adequate to accommodate Holiday House use proposed.

Decks and balconies located away from the bedrooms of neighbouring dwellings?

√ Yes ☐ No

Decks and balconies located close to the living and dining areas of neighbouring dwellings, provided with suitable screening?

√ Yes ☐ No

Each bedroom accommodates a maximum of two persons?

√ Yes ☐ No 3-bedroom dwelling to accommodate up to 4 guests

Fire If within bushfire prone area a BAL provided? √ Yes ☐ No BAL-29

For sites with a BAL above Low, a BMP prepared by accredited consultant and where required referred to DFES for comments?

√ Yes ☐ No (Refer to comment below)

BAL rating at BAL-40 or FZ? ☐ Yes √ No Management Management Plan submitted? √ Yes ☐ No

BEEP provided √ Yes ☐ No Completed as per Shire template BEEP

Manager, or employee permanently resides 35m drive from Site?

√ Yes ☐ No

House Rules? √ Yes ☐ No Amplified music may not be played outside between the hours of 10pm to 10am

Require as a condition

Display the manager’s 24hr contact details Require as a condition Officer Comment

Bushfire Risk A holiday house is defined as a ‘vulnerable’ land use under Statement of Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP3.7). The Bushfire Attack Level (BAL) assessment submitted with the application identifies a BAL-29 rating for the site with an existing Asset Protection Zone (APZ) in place for the dwelling. A Bushfire Management Plan (BMP) addressing the protection criteria, as set out under State Planning Policy 3.7 Planning in Bushfire Prone Areas, was submitted with the application. The BMP concludes that the protection criteria are met on site. The existing battle-axe driveway from the boundary of the site with the street to the dwelling is approximately 300m. Element 3 of Appendix 4 of the Guidelines to SPP3.7 requires driveways over 50m to meet certain technical requirements in terms of width and clearance. The existing driveway complies with these requirements, however minor pruning of overhead branches is required to achieve appropriate clearance height for access by emergency vehicles. The pruning is considered appropriate to gain vehicular access as per clause 4.22.2 (c) of LPS1 and to reduce risk in the event of a bushfire event.

Recommended period of approval

√ 12 months ☐ 3 years

OFFICER RECOMMENDATION That the Acting Statutory Planning Coordinator 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 a Holiday House at 20 (Lot 13) Loaring Place, 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 17 April 2020 P2 received by the Shire on 30 January 2020

2. The Holiday House use permitted for a period of twelve (12) from <date of this approval> to <end of date of approval>. (Refer to advice note ‘a’)

3. The Bushfire Emergency Evacuation Plan and Bushfire Management Plan shall be displayed in a conspicuous location within the dwelling at all times.

4. The management actions of the accepted Bushfire Management Plan (prepared by BAL Rating dated 21

May 2020) shall be implemented on site prior to commencement of the Holiday House use and at all times thereafter (Refer to advice note ‘i’).

5. Certification is to be provided to the Shire by an accredited Bushfire Consultant that all bushfire

management actions detailed in the approved Bushfire Management Plan have been implemented prior to commencement of the Holiday House use.

6. A Manager or a contactable employee of the Manager that permanently resides no greater than a 35-minute drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 35 minutes of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note ‘b’)

7. At all times the Holiday House use is in operation, the 24-hour contact details of the Manager of the Holiday

House shall be displayed on a sign that is clearly visible from the nearest street frontage. The sign is limited to a maximum size of 0.2 metres square and not exceeding 1.5 metres in height from the ground level. The sign shall be erected within the property frontage and must be visible from the front street. (Refer to advice note ‘c’)

8. All vehicles & boats connected with the premises shall be parked within the boundaries of the property. 9. The short stay use of the dwelling shall not be occupied by more than four (4) people at any one time. 10. Amplified music shall not be played outside of the holiday house between the hours of 10pm and 10am. 11. ‘House Rules’ shall be developed to the satisfaction of the Shire prior to the commencement of use.

Thereafter the ‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer to advice note ‘f’)

12. Any marketing material for this Holiday House shall include display of the planning approval reference number for this approval. (Refer to advice note ‘g’)

13. This approval does not permit short stay use of the Ancillary Dwelling at any time. Pursuant to the Shire’s

Local Planning Policy 7 – Short Stay Accommodation, when the primary dwelling is in use as a Holiday House, the Ancillary Dwelling shall only be used for permanent accommodation by the owner of the subject site.

ADVICE NOTES a) Following satisfactory performance of the approved 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.

b) If at any time there is not an appointed manager or a contactable employee of the manager for the site, the

use must cease until such time as a manager is appointed. c) Evidence of installation of the sign will be required to be provided, to the satisfaction of the Shire, at the time

an application to renew the Holiday House use is lodged. d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. e) You are advised of the need to comply with the requirements of the following other legislation:

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

(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.

f) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses

(please refer to the attached document).

g) Evidence of the display of the planning approval reference number within the marketing of the Holiday House is required to be provided, to the satisfaction of the Shire, at the time an application to renew the Holiday House use is lodged. Applicants are advised to include a screenshot of the website, to show that the planning approval reference number is being displayed.

h) Please note that the Shire does not notify landowners in writing of the expiry of a Holiday House planning approval. It is the owner’s responsibility to monitor and ensure that the planning approval remains valid while the use is being undertaken.

i) For avoidance of doubt, the management actions referred to in condition 3 above include ongoing

maintenance of the existing Asset Protection Zone for the dwelling to achieve a BAL-29 rating and the pruning of overhead branches along the private driveway. This pruning should be conducted with regard to retention of significant native trees where possible.

j) To enable standardisation of fire brigade, access the fire-fighting water tank shall be fitted with a single

80mm female camlock fitting, maintained in a correct operating condition and adequately sign posted at all times at the property owner’s expense.

k) Should food be provided for patrons, 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.

DEVELOPMENT ASSESSMENT UNIT On 19 May 2020 ATTENDANCE Address Proposal … · 2020-05-26 ·...

Documents

Transcript of DEVELOPMENT ASSESSMENT UNIT On 19 May 2020 ATTENDANCE Address Proposal … · 2020-05-26 ·...