DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River

On 7 August 2018

ATTENDANCE

Angela Satre, Chris Wenman, Jason Heine, Chris McAtee, Lara Hoole PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

30/07/2018 A11594 843 (Lot 103) Osmington Road, Osmington

Dam P218456

30/07/2018 A12042 66 (Lot 581) Tunbridge Street, Margaret River

Dwelling Addition (Carport) P218457

31/07/2018 A6333 21 (Lot 28) Waters Edge, Margaret River Bed & Breakfast P218459

31/07/2018 A4647 29 (Lot 65) Karri Loop, Margaret River Bed & Breakfast (Renewal) P218460

31/07/2018 A12605 Lot 413 Dunnart Close, Margaret River Building and Envelope Variation P218461

1/08/2018 A6238 243 (Lot 2) Barrett Road, Rosa Brook Outbuilding, Farm Building Addition to Agriculture Intensive P218463

2/08/2018 A11841 8 (Lot 7) Dobbins Place, Witchcliffe Bed & Breakfast (Renewal) P218464

2/08/2018 A11156 Unit 1/17 (Lot 1) Station Road, Margaret River

Bed & Breakfast P218465

2/08/2018 A5074 12 (Lot 109) Yalgardup Place, Margaret River

Bed & Breakfast (Renewal) P218466

3/08/2018 A12382 202 Brockman Highway, Karridale Dwelling Additions (Carport) P218467

1/08/2018 A11020

Reserve 41545, Rivermouth Beach, Rivermouth Road, Prevelly (primary) Gas Bay, Gas Bay Road, Gnarabup (back up), Reserve 27618, Huzza, Salter Street, Gracetown (back up).

Surfing Event on Shire Reserve, Sunsmart Schools Surfing Titles, 16 August 2018

P218473

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

30/07/2018 A11023 Lot 312 Caves Road, Boranup Watertank 218344

02/08/2018 A4574 Lot 15 Mallee Fowl Way, Margaret River Carport 218347

02/08/2018 A12382 Lot 112 Brockman Hwy, Karridale Carport 218348

02/08/2018 A11797 A3236

Lot 102 Osmington Road, Osmington Water Tank 218349

03/08/2018 A10681 Lot 1001Tanah Marah Road, Bramley Patio and Deck Addition to existing Dwelling

218350

03/08/2018 A6594 Lot 61 Roxburgh Road, Margaret River Unauthorised Works - Shed and undercroft converted to 1b (guesthouse)

218351

03/08/2018 A1516 Lot 120 Loch Street, Augusta Shed and Carport 218352

SUBDIVISIONS DETERMINED

Nil LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

25/01/2018 Matt Slocomb

98 (Lot 38) Albany Terrace, Augusta

Alterations and Additions to Existing Restaurant

Approved P218041

24/04/2018 Clare Hamilton

9827 (Lot 113) Bussell Highway, Margaret River

Holiday House (Large) Approved P218231

04/05/2018 Clare Hamilton

Site D 423 (Lot 2703) Caves Road, Forest Grove

Dwelling Addition (Outbuilding & Carport)

Approved P218248

07/05/2018 Leigh Medlen

1 (Lot 15) Grevillea Lane, Margaret River

Dwelling Additions (Carport and Retaining)

Approved P218251

07/06/2018 Lucy Gouws

32 (Lot 239) Albany Terrace, Augusta

Dwelling Cancelled P218338

02/07/2018 Eileen De San Miguel

23 (Lot 117) Woodland Drive, Burnside

Holiday House (Large) Renewal

Approved P218387

05/07/2018 Lara Hoole Lease Site 3, The Sandtrack, 423 (Lot 2703) Sebbes Road, Forest Grove

Dwelling Additions (Outbuilding)

Approved P218399

01/08/2018 Lucy Gouws

243 (Lot 2) Barrett Road, Rosa Brook

Outbuilding, Farm Building Addition to Agriculture Intensive

Approved P218463

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

22/05/2018 Lara Hoole

10 (Lot 296) Jenkins Way, Cowaramup

Dwelling Conditional Approval

P218301

LOCAL LAW PERMITS

Nil OTHER APPLICATIONS determined under delegation

Nil COMPLIANCE

Nil ELECTED MEMBERS ATTENTION

Nil CLOSURE OF MEETING

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services

Proposed Dwelling: 10 (Lot 296) Jenkins Way, Cowaramup

Major (Level 2) P218301; PTY/12487

REPORTING OFFICER : LH DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 733m2

Zone Future Development (R15)

Proposed Development Single dwelling involving setback variation to southern boundary.

Permissible Use Class ‘P’ (permitted)

Heritage/Aboriginal Sites Not listed.

Encumbrance Restrictive covenant benefit/burden (developer building design standards). Not impacted

Date Received 22/05/2018

Location Plan

Policy Requirements

Is the land or proposal referred to in any Council Policy? √ Yes ☐ No

If yes, state the Policy/Policies State Planning Policy 3.7 – Building in Bushfire Prone Areas.

Officer Comment

As the dwelling is on a lot less than 1100m2 the development is considered ‘minor development’ of which a BAL rating is required to be submitted at Building Permit stage and not at planning assessment stage. No other implications arise from this policy.

Structure Plans and Local Development Plans (DAP)

Is the land in any Structure Plan Area or subject to a DAP? √ Yes ☐ No

If yes, state the Policy/Policies ‘Structure Plan “Cowaramup Country” Lots 101 & 102 Bussell Highway, Cowaramup’ endorsed 28/05/2008.

Officer Comment The site is identified for residential development to an R15 density code pursuant to the Residential Design Codes (Rcodes). The Rcode assessment is provided further in this report.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?

√ Yes ☐ No ☐ N/A

Has a submission been received by Council? One objection from the two land owners of an adjoining affected property was received.

√ Yes ☐ No ☐ N/A

No. received: 1

Have agency or authority comments been received? ☐ Yes √ No ☐ N/A

Name Nature of Submission Officer Comment

Private Submission (Objection)

The 2.8m high wall will have negative impacts from both inside and outside our entertaining areas.

The proposed garage wall will be 2.8m high from natural ground level and would be 700mm higher than the top of the boundary fence. The alfresco area on the adjoining affected

The Site

The location of the garage will impact the natural light available to living areas and will be in the main view. Building bulk impacts are unnecessary on larger blocks. The neighboring property was purchased to avoid walls on boundaries. There is sufficient space to allow for the 1m minimum side boundary setback of the proposed garage. It is intended to have a gate hung matching the fence. If the wall goes ahead, there will not be any fence for us to attach our gate to it. Any fencing removed would still have obligations of compensation under the Dividing Fences Act.

property is setback 5.6m from the common side boundary and is not located directly opposite the proposed garage wall the subject of the variation. Due to the setback, the proposed garage wall is not considered to have an adverse impact to privacy or the provision of light or ventilation to the neighbouring alfresco area. A shadow diagram demonstrates that the proposed garage wall will not overshadow the outdoor living area or any habitable rooms on the adjoining affected property. The proposed garage wall would be 7m long and would occupy a minor portion of the 38m long boundary. The wall would be 500mm higher than the 2.3m high permitted side boundary fence under the Shire’s Local Planning Policy 4 – Fences. The proposed wall will not have an adverse impact to overlooking or loss of privacy or to the provision of sunlight and ventilation to neighbouring properties. The variation to the wall height is not considered to be adverse in relation to building bulk and is not out of character with existing development in the area. The proposed dwelling, including the boundary wall, will comply with the Rcodes acceptable development standards in relation to overshadowing and provision of solar access. Notwithstanding, in response to the concern raised the proposal was amended to increase the setback of the wall from the boundary to 50mm and to retain the adjoining boundary fence. A portion of the wall will be visible above the fence.

Has the application been referred to internal departments?

☐ Yes ☐ No √ N/A

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

Design Element Policy / R Codes Req

Provided Officer comment

Front Setback 6m 3.63m Complies with averaging in accordance with figure 2.

Dwelling Side Setback Northern Elevation: 1.5m Southern Elevation: 3m

4.7m 1.5m

Complies Complies

Garage Side Setback Southern: 1m Nil Variation

Rear Setback 6m 8.5m Complies

Garage Front Setback 4.5m 4.5m Complies

Driveway Width 3m to 6m 4.5m Complies

Garage Width <50% 25% Complies

Outdoor Living Area N/A

Open Space Requirement 50% 69% Complies

Upgrade Landscaping ☐ Required √ Not Required

Overlooking ☐ Yes √ No

Street surveillance √ Yes ☐ No

Street Walls and Fences ☐ Yes √ No

Overshadowing ☐ Yes √ No

Energy efficiency/solar access

√ Yes ☐ No

Other Variations ☐ Yes √ No

Officer’s Comments against design elements

The proposed 2.8m high wall is 7m long. The proposal was amended to increase the side boundary setback to 50mm which varies the 1m minimum deemed to comply setback standard. The proposal was assessed against the design elements of the Rcodes at clause 5.1.3 and is acceptable for the following reasons:

The proposal is acceptable in relation to building bulk impacts to neighbouring properties. The natural ground level on the adjoining affected property is higher than the subject site. The finished floor level of the adjoining affected dwelling is 500mm higher than the natural ground level on the subject site and will be 200mm higher than the finished floor level of the proposed garage. The proposed wall is directly opposite a garage and kitchen wall, which does not contain openings, on the adjoining affected site. The proposed garage wall would be setback 3m to the adjoining garage and at least 5.6m to the adjoining affected dwelling. Due to the considerable setback of the proposed wall to the affected dwelling and the higher floor level of the neighbouring dwelling, building bulk impacts are considered to have been suitably mitigated in the proposal.

The proposed garage is setback 4.5m to 6m from the front boundary. The dwelling steps back from the front street responding to the angle of the street. The proposed dwelling and garage comply with acceptable development standards of the Rcodes and will not have an adverse impact to the streetscape.

The proposal meets the acceptable development standards under the Rcodes in relation to privacy and overshading.

The proposed variation is over a minor portion of wall and the rest of the dwelling would be setback 3m from the common boundary, which exceeds the required 1.5m side setback standard for a dwelling of this scale. As a result the setback between the habitable portions of the both dwellings more than exceeds the acceptable development standards under the Rcodes.

On this basis it is considered that the proposed side setback variation will not have a detrimental impact to the streetscape or the surrounding properties and is recommended to be supported.

Development Standards (Schedule 9)

Are the Development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement

Car Bays Required - 2 Car Bays Proposed - 2

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply

Turning Bay/Circles and vehicle manoeuvring

√ Complies ☐ Doesn’t Comply

Building Height

Scheme / Policy Requirement Wall – 7m Roof – 8m

State the proposed building height

Wall – 3.2m Roof – 5.842m

√ Complies ☐ Doesn’t Comply

Clause 67

A. 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.

B. In the opinion of the officer:

i. Are utility services available and adequate for the development?

Yes

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

N/A

iii. Has adequate provision been made for access for the development or facilities by disabled persons?

Yes - The applicant advised that the crossover would be aligned at right angle to the street. This is a recommended condition of approval.

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

No

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

Yes

Officer Comment

The proposed dwelling is generally consistent with Local Planning Scheme No. 1 and the Rcodes and is recommended for conditional approval.

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 Dwelling at 10 (Lot 296) Jenkins Way, Cowaramup 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 22 May 2018.

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. All stormwater and drainage run-off from the development shall 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 in accordance with the Shire of Augusta Margaret River Standards & Specifications.

4. The wall on the boundary shall be finished to the satisfaction of the adjoining landowner, or in the

case of a dispute to the satisfaction of the Shire. 5. The crossover is to be aligned at a right angle with the street. 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.