Ordinary Meeting of Council 13 April 2016 3.3 PROPOSED SINGLE HOUSE - LOT 10 (NO.26) MAYROYD DRIVE, ELLENBROOK (RC001-16) Ward: (Ellenbrook Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES • An application to vary the 'deemed-to-comply' requirements of the Residential Design Codes of Western Australia (R-Codes) has been made with respect to a proposed Single House to be located at Lot 10 (No.26) Mayroyd Drive, Ellenbrook. • The development seeks to vary the 'deemed-to-comply' requirements of Parts 5.1.2 and 5.1.3 of the R-Codes relating to street setback and lot boundary setback by proposing a 5.4m (garage) primary street setback taken from the closest distance from the primary setback line and a nil setback from the side lot boundary in variation to the minimum setback requirement of 7.5m front boundary setback, and 1m side boundary setback. • The proposal was advertised to the adjoining landowners on both lot boundaries. Only one comment was received which objected to the 2.1m variation to the front boundary setback. The complainant contends the proposal will affect the visual amenity of their property. • The reduced front boundary setback and side boundary setbacks are considered minor in the context of the site with the proposal maintaining compliance with all other parts of the R-Codes. The proposal is considered in keeping with the streetscape and visual amenity of the area. • It is not considered that the reduced front boundary setback or side boundary setback will adversely impact on the visual amenity of the neighbour. It is recommended that the Council grant approval to the Variation to the Deemed-to- Comply Requirements of the R-Codes for the proposed Single House on Lot 10 (No.26) Mayroyd Drive, Ellenbrook. AUTHORITY/DISCRETION The Council may approve (with or without conditions) or refuse to approve the proposed development. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 5 of the Planning and Development Act 2005. Page 1
Transcript
Ordinary Meeting of Council 13 April 2016
3.3 PROPOSED SINGLE HOUSE - LOT 10 (NO.26) MAYROYD DRIVE, ELLENBROOK (RC001-16)
Ward: (Ellenbrook Ward) (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• An application to vary the 'deemed-to-comply' requirements of the Residential Design Codes of Western Australia (R-Codes) has been made with respect to a proposed Single House to be located at Lot 10 (No.26) Mayroyd Drive, Ellenbrook.
• The development seeks to vary the 'deemed-to-comply' requirements of Parts 5.1.2 and 5.1.3 of the R-Codes relating to street setback and lot boundary setback by proposing a 5.4m (garage) primary street setback taken from the closest distance from the primary setback line and a nil setback from the side lot boundary in variation to the minimum setback requirement of 7.5m front boundary setback, and 1m side boundary setback.
• The proposal was advertised to the adjoining landowners on both lot boundaries. Only one comment was received which objected to the 2.1m variation to the front boundary setback. The complainant contends the proposal will affect the visual amenity of their property.
• The reduced front boundary setback and side boundary setbacks are considered minor in the context of the site with the proposal maintaining compliance with all other parts of the R-Codes. The proposal is considered in keeping with the streetscape and visual amenity of the area.
• It is not considered that the reduced front boundary setback or side boundary setback will adversely impact on the visual amenity of the neighbour.
It is recommended that the Council grant approval to the Variation to the Deemed-to-Comply Requirements of the R-Codes for the proposed Single House on Lot 10 (No.26) Mayroyd Drive, Ellenbrook.
AUTHORITY/DISCRETION
The Council may approve (with or without conditions) or refuse to approve the proposed development. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 5 of the Planning and Development Act 2005.
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Ordinary Meeting of Council 13 April 2016
BACKGROUND
Applicant: Blueprint Homes (WA) Pty Ltd Owner: Stephen Brooks & Maria Yellop Zoning: LPS17 - Special Use 4 (R12.5) MRS - Urban Strategy/Policy: SPP 3.1 - Residential Design Codes Development Scheme: N/A Existing Land Use: Vacant Land Lot Size: 820 Lot Area: Ellenbrook Use Class: Single House ‘P’
DETAILS OF THE PROPOSAL
An application to vary the 'deemed-to-comply' requirements of the Residential Design Codes of Western Australia (R-Codes) has been made with respect to a proposed single house to be located within the primary street setback area at Lot 10 (No.26) Mayroyd Drive, Ellenbrook.
The proposed dwelling is to be located 5.4m (garage) from the primary street and proposes a nil side boundary setback for the garage wall. The 5.4m front boundary setback proposes a 2.1m variation to the prescribed 'deemed-to-comply' (7.5m) requirements of the R-Codes. The proposed nil side boundary setback for the garage wall is on the eastern lot boundary and measures 5.3m along the common lot boundary.
The application was advertised to the affected land owners to the eastern and western lot boundaries for comment. The land owner of Lot 9 (No.28) Mayroyd Drive to the west of the subject lot submitted an objection to the proposed development relating to the visual impact of the decreased front boundary setback.
The proposed variations to the 'deemed-to-comply' requirements relate to primary street setbacks and lot boundary setbacks. The proposed single dwelling has been assessed against the relevant Design Principles for each design element and is considered to be acceptable as discussed below.
5.1.2 - Street Setback:
The single house will be set back 5.4m from the front boundary in variation to the minimum setback requirement of 7.5m as stipulated under Table 1 of the R-Codes.
Under the Design Principle assessment for this component of the R-Codes the variation can be considered for approval for the following reasons:
Existing Streetscape
Under Table 1 of the R-Codes the minimum street setback is prescribed as 7.5m for this zoning (R12.5). This is measured from the primary street boundary to the primary dwelling.
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Ordinary Meeting of Council 13 April 2016
The variation this proposes is relatively minor when considering the existing streetscape along Mayroyd Drive. Moreover, the three dwellings to the east of the allotment all contain 4-6m front boundary setbacks. Therefore the proposal for this development is considered to be consistent with the established streetscape.
Privacy and Open Space
The presented development proposes open space which is in compliance with Table 1 of the R-Codes and is compliant with all other components of the R-Codes.
The proposed variation to the front boundary setback is not considered to detrimentally impact the privacy concerns of the land owner or adjoining land owners as it is compliant with the other relevant provisions of the R-Codes.
Building Design
The proposed variation can be considered against the issue that the reduced front boundary setback will increase the visual mass and form of the building.
However, the encroaching components of the dwelling (i.e. Bedrooms 2 & 3 and garage) can be offset by the recessed verandah which may alleviate the excessive bulk on the street. Moreover, the existing streetscape includes other dwellings of similar design.
5.1.3 - Side Boundary Setback:
The objection received from the adjoining landowner conceded that they did not object to the proposed lot boundary setback of the dwelling. However this component of the proposal still contains an R-Codes variation.
Under the Design Principle assessment for this component of the R-Codes the variation can be considered for approval for the following reasons:
Adjoining Property Amenity and Streetscape
The proposed variation of a nil side boundary setback has to give consideration to the amenity of the adjoining property and streetscape. Due to the nature of the advertising process, and the lack of concern regarding this side boundary setback, it is considered that the proposal will not adversely impact on the adjoining property amenity. It is unlikely that this will affect the streetscape; as noted previously, the street maintains a mix of 4-6m setback distances.
Overshadowing and Privacy
As the proposal is located on the allotment boundary, due regard must be given to the potential for overshadowing and privacy issues.
However as the development does not propose any windows on the garage wall and any overshadowing for the adjoining site will be minimal, the application can be considered for approval as it meets this requirement.
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Ordinary Meeting of Council 13 April 2016
ATTACHMENTS
Locality Plan
Site Plan
Site Layout
Floor Plan
Elevation Plan
STRATEGIC IMPLICATIONS
Nil
STATUTORY IMPLICATIONS
Local Planning Scheme No.17
State Planning Policy 3.1 - Residential Design Codes of Western Australia
VOTING REQUIREMENTS
Simple majority
RECOMMENDATION
That the Council resolve to:
1) Approve the variations to the 'deemed-to-comply' provisions of Parts 5.1.2 and 5.1.3 of the Residential Design Codes of Western Australia with respect to the side boundary setback and primary street setback of the proposed Single House at Lot 10 (No.26) Mayroyd Drive, Ellenbrook.
2) Advise the applicant/owner and those that lodged a submission of the Council's decision accordingly.
CARRIED
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DISCLAIMER: Information shown here on is a composite of information from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.
Lot 10 (No.26) MayroydDr, Ellenbrook
Tuesday, 29 March 2016
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Locality Plan
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APPROVEDWestern Australian Building Act, s.19.1s.119t 9Building Regulations 2012, r.17u
Building Surveyor: John Greenwood
WABCA Approved 14 January 2016 J002431WABCA Approved 14 January 2016 J002431
