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ITEM DAC REPORT DATE APPLICATION NO APPLICANT PROPOSAL … · 2015. 1. 23. · ITEM DAC REPORT (1)...
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ITEM DAC REPORT (1)
DATE 16 January 2015
APPLICATION
NO
361/2011/2014/2X
APPLICANT Mr & Mrs Warren & Linda Nagel
PROPOSAL GARAGE & CARPORT
LOCATION 29 Avocet Drive, Mawson Lakes
AUTHOR Ben Green (Planning Consultant) on behalf of Salisbury Council
DEVELOPMENT APPLICATION DETAILS
Zone/Policy Area Multi-Function Polis (The Levels)
Application Type Consent (on merit)
Public Notification Representations received : 3
Representations to be heard : 1
Referrals - Statutory Nil
Referrals – Internal Nil
Development Plan Version Salisbury (City) Development Plan
Consolidated 20 March 2014
Assessing Officer Ben Green
Recommendation Approval with Conditions
DAC Meeting Date 22 January 2015
REPORT CONTENTS
Assessment Report
Attachment 1 : Application Drawings and Supporting Information
Attachment 2 : Representations received
Attachment 3 : Applicant’s response to representations
EXECUTIVE SUMMARY
The application proposes a consent “on-merit” form of development at 29 Avocet Drive,
Mawson Lakes and involves the construction of a domestic garage and carport in the rear
yard of the property. The subject land is a corner allotment with access to the rear yard via a
set of existing double gates and an existing paved crossover. There is an existing outbuilding
in the rear yard which will be demolished in order for the proposed development to occur.
The application was deemed to be Category 2 for Public Notification purposes as the
structure is sited less than 900mm from the common boundary line to the south and east.
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DESCRIPTION OF THE PROPOSED DEVELOPMENT
Development Plan Consent is sought for domestic garage and carport in the rear yard of the
subject land. The garage will effectively be behind the carport when viewed from the street.
The development more specifically portrays the following attributes:
7.0 metre x 6.045 metre x 2.7 metre high garage of steel construction.
6.045 metre x 6.045 metre x 2.7 high metre attached carport of steel construction.
Total area of structure is 78.6m2.
Garage roof pitch at 22.5 degrees with gable end. Gable end fronting street will be in-
filled with lattice.
Flat roof carport - nominal pitch to allow stormwater run off.
Double sliding doors to garage under carport end.
Aluminium sliding door to side of garage to provide access to rear yard.
Garage and carport to be sited between 295mm and 540mm from the secondary street
frontage, 600mm from the rear (southern) boundary and a minimum of 600mm from
the eastern side boundary tapering to approximately 2.300 metres
Proposed colours:
o Walls: Classic Cream Colorbond
o Roof: Grey Colorbond
o Gutters: Night Sky Colorbond
o Downpipes: Classic Cream Colorbond
o Doors: Classic Cream Colorbond and powder coated.
BACKGROUND
A previous Development Application for a garage and carport was recently refused by
Council prior to the lodgement of this application. That application (361/1135/2014/2X)
proposed a bulkier hipped roof design and was sited on the southern common bounday. It
was refused by Council under delegation as ‘the proposed development has a front and side
setback that is incompatible with the streetscape and the locality resulting in a development
that would impair the amenity of the locality…’
The Applicant has since revised the proposed development by increasing the setback from the
southern and eastern boundaries, amendeding the hipped roof form on the garage to a gable
end roof form, and removing the proposed hipped roof form altogether from the proposed
carport in lieu of a flat roof design. The revised plans have been prepared to reduce the bulk
and scale of the proposed development and to better complement the streetscape.
SUBJECT LAND
SITE INFORMATION DATA
Site Address 29 Avocet Drive, Mawson Lakes
Title information 5898/66
Site Area 616m2
Site Dimension Frontage : approx. 27 metres Depth : approx. 30 metres
Site configuration Regular
Site gradient Flat
Existing structures Detached dwelling – double storey with garage/outbuildings
Existing vehicle access Dual access from Avocet Drive
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Easements Nil
Flooding propensity Nil
Trees – Significant Nil on or adjacent site
Trees – Regulated Nil on or adjacent site
Street Infrastructure
Crossover Existing
SEP Yes – no impact
Electricity pole Nil – Street light on corner – no impact
Telecommunication pit Not visible
Gas Not known
Water Not known
Street Trees Semi-mature street trees existing – no impact
LOCALITY Locality Map
The locality is extensively residential in nature and contains predominantly larger detached
dwellings with high levels of site coverage and associated outbuildings on various sized
allotments with generous frontages. The locality portrays a conventional residential
allotment pattern that provides for ample curtilage around dwellings. Street trees and
plantings are evident throughout the locality so too are a number of well maintained yards
and properties. The locality has the appearance of a pleasant environment in which to live.
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Site Photographs
View looking north-east along Avocet Drive toward subject site (centre of photo).
View of subject site and neighbours front yard of 27 Avocet Drive
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View looking south-east along secondary street boundary of subject and site of proposed carport and
garage.
Front on view of site of proposed carport and garage from Avocet Drive
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CHARACTERISATION AND PUBLIC NOTIFICATION
The proposed development was determined to be a Category 2 form of development pursuant
to Schedule 9 Part 2, 20 of the Development Regulations 2008. The proposed development is
not considered to fall within the ambit of Part 1 of Schedule 9 as the garage and carport are
situated less than 900mm (proposed to be 600mm) from a common (southern and eastern)
boundary. The proposed development is furthermore not listed as a non-complying form of
development in the Multi-Function Polis (The Levels) Zone, and therefore is deemed to be a
Category 2 form of development.
PUBLIC NOTIFICATION
As the application was deemed to be a Category 2 development for the purposes of public
notification, letters were sent to adjoining land owners inviting them to make comment on the
proposed development in accordance with the requirements pursuant to Section 38 and
Schedule 9 of the Development Act 1993 and Development Regulations 2008. The following
representations were received during the public notification period.
Form of Notification: 2 Letters to adjoining
property owners and
occupants
Valid Representations received 3 Representations received Wish to be Heard
Xue Yan Cehn & Long Jin – 27 Avocet Drive, Mawson Lakes M Scaife – 1 Ibis Street, Mawson Lakes D Ashmeade – 14 Avocet Drive, Mawson Lakes (no objections)
Summary of Representations received
Considered to have significant impact on streetscape.
Negative impact on adjoining property given its size and colour.
Will alter local traffic conditions and impact on how adjoining land owners utilise their
land.
Development does not allow provision of adequate open space.
Does not satisfy setbacks on all boundaries
Proposal does not satisfy the relevant encumbrances applicable to the land.
Summary of Applicant’s response to representations received
Hames Sharley – Encumbrance Administrator have indicated support subject to DAC
approval.
Existing shed is 5 metres x 5 metres and is sited 600mm from boundary.
Development has been revised from previous proposal to reduce bulk.
The existing trees on the southern boundary would minimise any visual impact with the
bulk of the garage section being broken up by the trees
Materials and colours have been chosen to reflect other development in Mawson
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Lakes.
Valid justification as how the subject land exceeds the minimum open space
requirements of the Development Plan.
Photos provided to illustrate minimal impact on streetscape.
NOTE : A copy of the representations received and the applicant’s response are provided as
attachments 3 and 4.
Subject Site Properties Notified
Property of Representor R
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REFERRALS – STATUTORY
The proposed development did not trigger any referrals pursuant to Section 37 of the
Development Act 1993 or Schedule 8 of the Development Regulations 2008.
REFERRALS – INTERNAL
No internal referrals were undertaken.
ASSESSMENT
Seriously at Variance
Pursuant to Section 35(2) of the Development Act 1993 it is recommended that the DAC
Panel determine that the proposal is not “seriously at variance” with the Salisbury (City)
Development Plan – Consolidated 20 March 2014.
The following reasons are proffered to support this recommendation:
The proposal is a reasonably anticipated form of development associated with an
envisaged form of development within the Zone.
The garage and carport will be accessed via the secondary road frontage.
Proposed setbacks are less than the minimum requirement however some dispensation
is considered appropriate on a secondary road frontage.
The proposed development is a revised proposal aimed at reducing bulk, appearance
and negative impacts on the streetscape.
The overall size of the proposed development is not considered excessive and will not
overshadow adjoining land to a substantial degree.
Existing landscaping will assist in breaking up any perceived bulk along the southern
boundary.
Proposed colours and materials complement development within the locality.
Development of this nature is reasonably anticipated within a residential locality.
If it can be demonstrated that the proposed development has minimal or no unreasonable
external impacts, then consent could reasonably be expected.
It is considered that the proposed development is not ‘seriously at variance’ with the City of
Salisbury Development Plan.
Assessment against the Salisbury Development Plan
The following section details a planning assessment of the Application against the relevant
Council Wide and Zone provisions within the City of Salisbury Development Plan –
Consolidated 20 March 2014. The assessment has been broken down into key assessment
areas that are relevant to the respective provisions in the Development Plan.
A full list of the most relevant Development Plan provisions is provided below:
General Section
Design and Appearance: Objective 1 and PDCs 1, 2, 3, 4, 7, 8, 9, 11, 12, 17, 18
Orderly and Sustainable Development: Objectives 1, 3 and PDC 1,
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Residential Development: Objectives 1, 2 and PDCs 10, 13, 14, 15, 16, 17, 19, 20, 21,
22, 24, 36.
Zone Section
Multi Function Polis (The Levels) Zone
Objective 4 and PDC 1, 6, 16
Assessment against Development Plan Objectives and Principles
Primary Development Objectives and Principles of Development Control (PDC)
Development Plan
Reference
Assessment
Zoning & Land Use
Multi Function Polis (The
Levels) Zone
Objective(s) 4
PDC 1, 6, 16
The Multi Function Polis (The Levels) Zone seeks
comprehensive and integrated development that is mixed use
in nature and provides integration between living, working,
learning and recreation. The Zone anticipates built-form that
contributes to a strong sense of place and community.
The proposed development is considered appropriate in terms
of its use as it is closely related (ancillary) to the primary use
of the subject land. The subject land (and locality) is utilised
for residential purposes which is listed as an envisaged use
within the Zone. Provided other areas of the Development
Plan are satisfied in terms of its location, design and siting, the
proposed garage and carport development is satisfactory as it
is a form of development that is envisaged and one that is
reasonably anticipated within the residential locality.
Built Form: Design and
Appearance
General Section: Design and
Appearance
Objective 1
PDCs 1, 2, 3, 4, 7, 8, 9, 11,
12, 14, 17, 18, 20
The Development Plan encourages the design of buildings to
be contemporary in nature and exhibit an innovative style
provided the overall form is sympathetic to the scale of
development in the locality and with the context of its setting
with regard the shape, size, materials and colours.
The proposed development has been sited and designed to
minimise impact on the streetscape and neighbouring
dwellings. The dwelling to the south appears to have been
constructed in a location/orientation that has afforded the
owner the largest width possible for their dwelling. Although
there is no issue with this, the dwelling has the appearance
from the road to be oriented towards the southern boundary of
the subject land. As the applicant quite rightly noted in their
response to representations, any form of development in the
proposed location will be visible from the adjoining land and
will be visible from the streetscape and front yard of the
dwelling to the south. The proposed development has been
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designed (as amended) to minimise any perceived impact.
The revised garage and carport design has reduced the bulk
and scale of the proposal. The Applicant provided a number
of photographs that illustrate the location of the proposed
development when viewed from the streetscape and across the
front yard of the dwelling to the south. The garage is located
behind the carport structure and the development as a whole
appears to be satisfactory. The flat roof component of the
carport will have limited impact due to its reduced visibility
behind southern boundary fencing and existing landscaping
adjacent the fence line on the neighbouring land to the south.
The garage to the rear will also have a limited impact and in
any case is not too dissimilar to the existing garage on the
subject land currently. Some of the perceived bulk of the
structure has been removed from the boundary line of the
street and the neighbouring property and the proposed
development is considered to have a negligible impact on the
character of the locality.
Garages, Carports and
Outbuildings
General Section: Residential
Development
PDCs 13, 14, 19, 20
The Development Plan anticipates garages, carports and
outbuildings that have a roof form and pitch, building
materials and detailing that complement the associated
dwellings. Further to this, the Development Plan supports
garages and carports facing the street provided that they do no
dominate the streetscape. The development as proposed is
considered to have a limited impact on the streetscape,
however any perceived bulk will be minimised via the
existing landscape plantings on the allotment to the south and
the fact that the carport and garage will be sited in the rear
yard behind the existing double gates. The impact on
streetscape character is not considered to be fatal to this
application and furthermore the Applicant has proposed a
colour palette that is considered to complement development
within the locality.
Principle of Development Control 19 in the Residential
Development module of the General Section of the
Development Plan encourages: Carports and garages should
be set back from road and building frontages so as to:
a) Contribute to the desired character of the area
b) Not adversely impact on the safety of road users
c) Provide safe entry and exit
d) Not dominate the appearance of dwellings from the
street.
The proposed development is considered to address the above
to a satisfactory level. The existing shed is somewhat visible
from neighbouring properties and the streetscape, and
although the proposed development does seek the construction
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of a slightly larger garage in the same location (with carport
attached) the overall bulk, scale and visual appearance will
not be too dissimilar to that of the existing garage on site. No
bulk is proposed close to the road alignment and the flat roof
of the carport is considered as a slight intrusion in the
streetscape. The taller hipped-roof form is located further into
the property and consistent with existing development.
Development is encouraged to be setback from public roads at
a rate that is similar to or compatible with the setbacks of
buildings on adjoining land (as a corner property) so that
development contributes positively to the streetscape
character of the locality and so as to not result in or contribute
to a detrimental impact upon the function, appearance or
character of the locality. The subject land is bordered on two
sides by Avocet Drive with its primary frontage to the north.
The location of the proposed development is effectively the
rear yard of the dwelling with access to be gained via the
secondary road frontage. Some dispensation to minimum
setback requirements are considered appropriate in these
instances to provide a ‘transition in the streetscape’. The
proposed carport is effectively sited with a minimum setback
from the road alignment, however given that this structure has
a minimal impact on the streetscape in terms of its proposed
roof form, the setback is considered satisfactory.
Further to the above, the proposed development is sited off the
common boundary line which in turn has reduced the impact
on the adjoining dwelling to the south compared to if the
development was sited on the boundary. Maintaining the
existing fence and vegetation and providing a nominal 600mm
offset from the common boundary is considered acceptable.
Private Open Space
General Section: Residential
Development
PDC 21, 22, 23
The issue of private open space (or the lack thereof) was
raised during the public notification period by a Representor.
The Applicant provided a justification for the amount of
private open space that would remain on the subject land.
In this instance, the degree of private open space that would
be remaining following the construction of the proposed
development is considered satisfactory. The proposed
development is not considered to be ‘over development’ of the
subject land.
Assessment Summary
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An assessment against the relevant Development Plan provisions indicates that that the
proposal is generally in accordance with the relevant General Section and the Multi Function
Polis (The Levels) Zone provisions. The development is generally consistent with the
relevant provisions with regard to envisaged use, design, layout, setbacks, private open space
and impacts on the streetscape or character.
The proposed development is a reasonably anticipated form of development associated with
an envisaged form of development within the Zone. Although this application must be
assessed on its own merits without prejudgment, the proposed development is a revised
proposal aimed at reducing bulk, appearance and negative impacts on the streetscape. The
overall size of the proposed development is not considered excessive and will not
overshadow adjoining land to a significant degree. The streetscape character will
furthermore not be negatively impacted on by the proposed development.
Further to the above, the proposed development generally conforms with the intent of the
Development Plan and on balance is worthy of consent.
Recommendation :
That the Development Assessment Commission resolves that:
The proposed development is not considered to be “seriously at variance” with the Salisbury
(City) Development Plan – Consolidated 20 March 2014.
Pursuant to Section 33 of the Development Act 1993, Development Plan Consent is
GRANTED to application number 361/2011/2014/2X for a garage and carport in accordance
with the plans and details submitted with the application and subject to the following
conditions :
1. The proposal shall be developed in accordance with the details and Relevant
Authority stamped approved plans, except where varied by the conditions herein.
2. The stormwater shall be disposed of in such a manner that it does not flow or
discharge onto land of the Relevant Authority adjoining owners or lie against any
building or create insanitary conditions.
3. Landscaping shall be established on the southern boundary within 6 months of the
construction of the garage and shall be planted with a mix of locally indigenous
species to the satisfaction of Council with all plants kept in a healthy condition at all
times. Any diseased or dying plants shall be replaced.
4. During the period that the development is being undertaken all paper, plastic, rubbish
and other waste material associated with the building work shall be appropriately
secured to ensure that it is contained within the subject land which is to be kept in a
general neat and tidy condition to the reasonable satisfaction of the Relevant
Authority.
5. The developer shall employ measures to eliminate dust emissions from the site during
the construction period so as not to cause nuisance to adjoining residents.
6. That effective measures be implemented during the construction of the development
and on-going use of the land in accordance with this consent to:
prevent silt run-off from the land to adjoining properties, roads and drains
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control dust arising from the construction and other activities, so as not to, in the
opinion of the Relevant Authority, be a nuisance to residents or occupiers on
adjacent or nearby land
ensure that soil or mud is not transferred onto the adjacent roadways by vehicles
leaving the site
ensure that all litter and building waste is contained on the subject site in a
suitable covered bin or enclosure
ensure that no sound is emitted from any device, plant or equipment or from any
source or activity to become an unreasonable nuisance, in the opinion of the
Relevant Authority, to the occupiers of adjacent land.
Notes
The development must be substantially commenced within 12 months of the date of
this notification, unless this period has been extended by the Relevant Authority.
You are advised that any act or work authorised or required by this notification must
be completed with 3 years of the date of the notification unless this period is extended
by the Relevant Authority.
You will require a fresh consent before commencing or continuing the development if
you are unable to satisfy these requirements.
You have a right of appeal against the conditions which have been imposed on this
provisional development plan consent or development approval. Such an appeal must
be lodged at the Environment, Resource and Development Court within two months
of the day on which you receive this notice or such longer time as the court may
allow. Please contact the Court if you wish to appeal. The Court is located in the Sir
Samual way Building, Victoria Square, Adelaide, (Telephone number 8204 0300).
Reserved Matters :
There are no matters reserved matters under Section 33(3) of the Development Act 1993.
Reserved Conditions :
There are no reserved conditions pursuant to Section 33(1) of the Development Act 1993.