Technical Report

TRIM Number: PA20/1187 Synergy Number: PA20/1187

Lodgement Date: 20 November 2020 DAU Date: N/A

Address: Lot 57 (16) Davey Road, Mundijong

Proposal: Single Storey Addition (Patio)

Land Use: N/A – incidental to existing single house

Permissibility: Refer to Land Use section

Owner: T and M Atkinson

Applicant: Grand Patios

Zoning: Urban Development

Density Code: N/A

Delegation Type: N/A Officer: CLE Town Planning + Design

Site Inspection: N/A

Advertising: Yes (closed 23/12/2020)

Outstanding Internal Referrals: No

External Referrals: No

Within a Bushfire Prone Area: No

Introduction:

The purpose of this report is for Council to consider a development application for a proposed patio at Lot 57 (16) Davey Road, Mundijong (the subject site) which has been submitted by an employee of the Shire.

In accordance with Business Operating Policy 1.1.0 – Control Over Employees Dealing in Land and Other Business Activity within the Shire of Serpentine Jarrahdale (BOP), the Shire engages an independent planning consultant to assess the application and for the application to be determined by Council as one of the applicants is an employee of the Shire. CLE Town Planning and Design have been engaged to prepare this report.

The subject site is zoned “Urban Development” in accordance with the Shire’s Town Planning Scheme No. 2 (TPS 2). A patio is considered incidental to the ‘Residential – Single House’ land use which can be considered in the ‘Urban Development’ zone in accordance with the Shire’s TPS2.

The application seeks a rear setback variation to the deemed-to-comply requirements of the

State Planning Policy 7.3 - Residential Design Codes Volume 1 (R-Codes).

This report recommends that the proposal be approved subject to conditions.

Background:

The subject site is located Davey Road, which is a cul-de-sac, approximately 200m east of

Paterson Street and approximately 1.1km north of Mundijong Road. The immediate

surrounding lots within Davey and Mader Road are similarly sized and are also zoned ‘Urban

Development’. The wider surrounding locality is also zoned ‘Urban Development’.

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021

Existing Development

The subject site currently contains an existing single-storey single house with anexisting

patio and an outbuilding at the rear of the property. A swimming pool is also under

construction at the rear of the property.

Proposed Development

The application seeks approval for a 36.45m2 patio, attached to the western side of the

existing outbuilding and adjoining the swimming pool. The patio has a length of 9.18m, a

depth of 3.1m - 5m, a wall height of 2.3m and a ridge height of 2.8m. The patio is set back

1.38m from the rear lot boundary (south) and 8.3m from the side (west) lot boundary.

Community / Stakeholder Consultation:

The application was advertised to the abutting southern property owner at Lot 185 (27) Mader Road due to the proposed southern rear setback for a period of 21 days from 2 December 2020 – 23 December 2020, in accordance with Local Planning Policy 1.4 – Consultation for Planning Matters. The adjoining property owner provided comment and raised no objection to the proposed patio. No other submissions were received during the advertising period.

Statutory Environment:

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Shire of Serpentine Jarrahdale Town Planning Scheme No. 2 (TPS 2)

Shire of Serpentine Jarrahdale Town Planning Scheme No.2

Draft Shire of Serpentine Jarrahdale Local Planning Scheme No. 3

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021

Mundijong/Whitby District Structure Plan

Draft Mundijong Structure Plan 2020

State Planning Policy 7.3 – Residential Design Codes (R-Codes)(Volume 1)

Local Planning Policy 1.4 – Public Consultation for Planning Matters Policy

Planning Assessment:

A comprehensive assessment has been undertaken in accordance with section 67 of the Planning and Development Regulations 2015, the assessment checklist is provided as an attachment to this report. Land Use:

Schedule 2, Part 4, Clause 27 (1) of the Deemed Provisions states; “A decision-maker for an

application for development approval or subdivision approval in an area that is covered by a

structure plan that has been approved by the Commission is to have due regard to, but is not

bound by, the structure plan when deciding the application.”

In this case the proposal falls within the Mundijong/Whitby District Structure Plan and the

draft Mundijong District Structure Plan.

Shire of Serpentine Jarrahdale Town Planning Scheme No.2

The subject site is currently zoned ‘Urban Development’ in accordance with TPS2 which

requires the preparation of a structure plan prior to development. Table 1 – Zoning Table of

TPS2 refers to Clause 5.18.6.3 under the ‘Urban Development’ zone for residential

development. This Clause however no longer exists.

The subject site is zoned ‘Residential’ within both the Mundijong/Whitby District Structure

Plan and the draft Mundijong District Structure Plan and is therefore permitted under TPS 2.

The proposal is incidental to the established residential land use and is consistent with the

TPS 2 objectives. The patio will not adversely impact on the preparation of any future

Structure Plan or the orderly and proper planning of the area.

No R-Coding is applicable to the subject site under any TPS 2 or any Structure Plan,

therefore an R10 density code has been adopted in accordance with the 814m2 lot size.

Cl 5.4.1 of TPS2 states that where the provisions of the R10 or R12.5 Density Codes apply,

the minimum setback from rear boundaries shall be 7.5 metres.

Draft Local Planning Scheme No. 3 (LPS3)

The subject site is proposed to be zoned ‘Urban Development’ under draft Local Planning

Scheme No. 3. In this regard, a patio falls within the ‘Single House’ land use, which is a

permitted use use within the ‘Residential zone.

Mundijong/Whitby District Structure Plan

The subject site is zoned ‘Residential’ pursuant to the Mundijong/Whitby District Structure

Plan and does not have a designated R-Code density code.

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021

Draft Mundijong District Structure Plan (2020)

The subject site is identified within the ‘Residential’ zone under draft Mundijong District

Structure Plan. Further to this, the site is located within Precinct F – Mundijong Town Centre

and designated a ‘Medium-High’ R40-R100 (urban) density and is subject to further local

structure planning.

Planning and Development (Local Planning Schemes) Regulations 2015 (“the Regulations”)

A checklist of the proposal against Clause 67 of the Deemed Provisions of the Regulations is

provided as an attachment to this report. The relevant matters for consideration are

discussed in the following sections.

Planning Assessment

The proposed patio seeks to vary the requirements of Cl 5.4.1 of TPS2 with a setback 1.38m

in lieu of the required 7.5m, applicable for R10 coded lots.

Design Principle Assessment

The rear setback has been assessed against the Design principles of 5.1.3 Lot Boundary

Setback of State Planning Policy 7.3 – Residential Design Codes Volume 1as follows:

The patio has a proposed maximum wall height of 2.8m at the southern elevation

which will not have any impact of building bulk to the adjoining property. The patio

does not adjoin any habitable rooms or outdoor living areas of Lot 185 Mader Road;

The proposed addition is located abutting the northern boundary of Lot 185 Mader

Road however does not pose any overshadowing impact or reduce the amount of

direct sun access to the adjoining property. The proposed patio is adequately

separated approximately 9.5m from the primary outdoor living area of Lot 185 Mader

Road;

There are no privacy implications from the proposed addition as the patio, does not

propose a floor level above 500mm above natural ground level and is located below

dividing fence height. Finished floor levels are not proposed to be modified as part of

this application;

Subject to the orientation of lots and design of the surrounding local street network,

the rear boundary of the subject site abuts a side boundary of the adjoining Lot 185

Mader Road. Typically, side lot boundary setbacks are assessed in accordance with

Tables 2a and 2b of the R-Codes which provides the accepted separation distances

to ensure an appropriate amenity outcome is achieved for adjoining landowners. If

assessed as a side lot boundary setback the patio would only be subject to a 1.5m

setback. As the patio is setback at 1.38m from the southern boundary the variation is

considered to be minor and acceptable in consideration of other matters discussed

above;

The lots in the locality are subject to further structure planning and higher residential

density codings as identified by the Mundijong District Structure Plan. The subject

site is designated a ‘Medium-High’ (R40-R100) urban density under the Mundijong

District Structure Plan, therefore the application of the R10 density code is

considered a temporary measure until local structure planning designates specific

density codes, which will require lesser lot boundary setbacks generally consistent

with that proposed as part of this application; and

It is noted that other lots along Davey and Mader Road currently contain outbuildings,

garages, patios and structures that vary the 7.5m rear setback as required by Cl

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021

5.4.1 of LPS2, and are generally consistent with setbacks proposed as part of this

application.

Conclusion

The proposed patio addition will not result in any adverse impacts to the amenity of the

landowner of the adjoining Lot 185 Mader Road who has commented on the application with

no objection. The patio meets the relevant requirements of the relevant planning framework

with the exception of the southern rear lot boundary setback, which satisfies the Design

Principles of the R-Codes.

The proposal is therefore recommended for conditional approval.

Deemed Provisions – Cl 67 Matters to be considered by local Government

Land Use:

a) The aims and provisions of this Scheme and any other local planning scheme operating within the area

YES

☒

NO

☐

N/A

☐

Comment: The land use is permitted under TPS2 and the proposal is considered not to adversely impact on the preparation of any future Structure Plan.

b) The requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting of approving

YES

☒

NO

☐

N/A

☐

Comment: The proposal is consistent with the objectives of the planning framework and the principles of orderly and proper planning.

c) any approved State planning policy YES

☒

NO

☐

N/A

☐

Comment: The proposal has been assessed against SPP7.3 – Residential Design Codes (Vol 1), and is considered to demonstrate compliance with the design principles of Cl 5.1.3 in respect to rear setbacks.

d) any environmental protection policy approved under the Environmental Protection Act 1986 section 31(d)

YES

☐

NO

☐

N/A

☒

Comment: N/A

e) any policy of the Commission YES

☒

NO

☐

N/A

☐

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021

Comment: The proposal has been assessed against the provisions of SPP7.3 – Residential Design Codes (Vol 1)

f) any policy of the State YES

☒

NO

☐

N/A

☐

Comment: see above (e)

g) any local planning policy for the Scheme area YES

☐

NO

☐

N/A

☒

Comment: No applicable local planning policies.

h) any structure plan, activity centre plan or local development plan that relates to the development

YES

☒

NO

☐

N/A

☐

Comment: The proposal is considered to align with the objectives of the Mundijong/Whitby District Structure Plan and the draft Mundijong District Structure Plan.

i) any report of the review of the local planning scheme that has been published under the Planning and Development (Local Planning Schemes) Regulations 2015

YES

☒

NO

☐

N/A

☐

Comment: The proposal complies with the draft Local Planning Scheme No.3

j) in the case of land reserved under this Scheme, the objectives for the reserve and the additional and permitted uses identified in this Scheme for the reserve

YES

☐

NO

☐

N/A

☒

Comment:

Development:

k) the built heritage conservation of any place that is of cultural significance

YES

☐

NO

☐

N/A

☒

Comment: No applicable heritage considerations

l) the effect of the proposal on the cultural heritage significance of the area in which the development is located

YES

☐

NO

☐

N/A

☒

Comment:

m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to,

YES

☒

NO

☐

N/A

☐

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021

the likely effect of the height, bulk, scale, orientation and appearance of the development

Comment: Refer to design principle assessment as outlined in Council Report.

n) the amenity of the locality including the following – I. Environmental impacts of the development

II. The character of the locality III. Social impacts of the development

YES

☒

NO

☐

N/A

☐

Comment: Refer to design principle assessment as outlined in Council Report.

o) the likely effect of the development on the natural environment or water resources and any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource

YES

☐

NO

☐

N/A

☒

Comment:

p) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved

YES

☐

NO

☐

N/A

☒

Comment:

q) the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bushfire, soil erosion, land degradation or any other risk

YES

☐

NO

☐

N/A

☒

Comment:

r) the suitability of the land for the development taking into account the possible risk to human health or safety

YES

☐

NO

☐

N/A

☒

Comment:

s) the adequacy of – I. The proposed means of access to and egress from the

site; and II. Arrangements for the loading, unloading, manoeuvring

and parking of vehicles

YES

☐

NO

☐

N/A

☒

Comment:

t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity off the road system in the locality and the probable effect on traffic flow and safety

YES

☐

NO

☐

N/A

☒

Comment:

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021

u) the availability and adequacy for the development of the following –

I. Public transport services II. Public utility services

III. Storage, management and collection of waste IV. Access for pedestrians and cyclists (including end of trip

storage, toilet and shower facilities) V. Access by older people and people with disability

YES

☐

NO

☐

N/A

☒

Comment:

v) the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses

YES

☐

NO

☐

N/A

☒

Comment:

w) the history of the site where the development is to be located YES

☐

NO

☐

N/A

☒

Comment:

x) the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals

YES

☒

NO

☐

N/A

☐

Comment: The proposal was advertised to the adjoining neighbours, and has had no letters of objection. See above.

y) any submissions received on the application YES

☒

NO

☐

N/A

☐

Comment: see (x) above.

Za) the comments or submissions received from any authority consulted under clause 66

YES

☐

NO

☐

N/A

☒

Comment:

Zb) any other planning consideration the local government considers appropriate

YES

☐

NO

☐

N/A

☒

Comment:

10.1.3 - attachment 2

Ordinary Council Meeting - 15 February 2021