development assessment unit on 12 january 2021 … · 13/01/2021 a13064 lots 102, 103 and 104...

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DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit Shire of Augusta Margaret River On 12 January 2021 ATTENDANCE: Jason Heine, Chris Wenman, Chris McAtee, Angela Satre, Lezia Sandon, Lina O’Halloran PLANNING APPLICATIONS RECEIVED Date Rec’d Assess No. Address Proposal DA No. 07/01/2021 A11839 9 (Lot 5) Dobbins Place, Witchcliffe Building Envelope Variation P221012 07/01/2021 A11015 161 (Lot 87) Ashton Street, Margaret River Dwelling P221013 07/01/2021 A12566 7 (Lot 98) Nebbiolo Place, Margaret River Dwelling (Outbuilding Addition) P221014 07/01/2021 A12606 48 (Lot 231) Elva Street, Margaret River Holiday House (Large) P221016 07/01/2021 A7900 275 (Lot 3126) Barrett Road, Rosa Brook Intensive Agriculture (Farm Shed) P221017 08/01/2021 A13041 10 (Lot 34) Tallwood Loop, Witchcliffe Building Envelope Variation P221018 08/01/2021 A2680 17 (Lot 40) Ewing Street, Augusta Single Dwelling P221019 11/01/2021 A9749 A504 665 (Lot 3) Wirring Road, Cowaramup Single Dwelling P221020 11/01/2021 A7427 Lot 2 Oldfield Road, Treeton Water Storage/Soak P221022 11/01/2021 A12899 6 (Lot 3) Bettong Place, Witchcliffe Carport Addition P221025 12/01/2021 A12681 2, 4, 6, 8 (Lot 1, 2, 3, 4) Loriini Lane, Cowaramup Grouped Dwellings x4 (Retaining Wall) P221026 12/01/2021 A12085 2 (Lot 214) Warru Way, Witchcliffe Dwelling(Outbuilding Addition) P221027 12/01/2021 A11532 A11233 Lot 9504 Waverley Road, Cowaramup Local Development Plan P221028 12/01/2021 A2945 48 (Lot 1) Isaacs Road, Margaret River Holiday House (Renewal) P221029 12/01/2021 A6427 Unit 29 / 20 (Lot 29) Reidle Drive, Gnarabup Holiday House (Renewal) P221030 12/01/2021 A7267 216 (Lot 352) Illawara Avenue, Margaret River Holiday House P221031 13/01/2021 A6182 A3457 12 (Lot 333) Churchill Avenue, Margaret River Holiday House P221032 13/01/2021 A13064 Lots 102, 103 and 104 Bussell Highway, Karridale Minor Modification to Local Development Plan P221033 13/01/2021 A11020 Lot 503 Mitchell Drive, Prevelly Cafe Additions P221034 13/01/2021 A8797 Unit 4 / 70 (Lot 59) Town View Terrace, Margaret River Holiday House (Renewal) P221035 BUILDING LICENCE APPLICATIONS RECEIVED Date Rec’d Assess No. Address Proposal BLDG No. 07/01/2021 A12268 7 (Lot 38) Paperbark Grove, Margaret River Single Dwelling 221006 11/01/2021 A2219 95 (Lot 8) Bussell Highway, Cowaramup Cidery & Restaurant 221007 11/01/2021 A12832 55 (Lot 228) McDermott Parade, Witchcliffe Single Dwelling and Rainwater Tank 221008 11/01/2021 A12898 4 (Lot 2) Bettong Place, Witchcliffe Single Dwelling 221009 11/01/2021 A9416 11 (Lot 139) Blue Gum Place, Cowaramup Single Dwelling 221010 12/01/2021 A12104 8 (Lot 4) Formosa Street, Margaret River Two Storey Dwelling 221011 12/01/2021 A13048 25 (Lot 41) Tallwood Loop, Witchcliffe Single Dwelling 221012 12/01/2021 A13083 8 Mannitj Place, Witchcliffe Single Dwelling, Carport and Alfresco 221013 13/01/2021 A12585 Unit 4 / 35 (Lot 4) Stewart Street, Margaret River Two Storey Dwelling 221014 13/01/2021 A9931 14 (Lot 60) Investigator Avenue, Augusta Shed 221015 SUBDIVISIONS DETERMINED Nil

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Page 1: DEVELOPMENT ASSESSMENT UNIT On 12 January 2021 … · 13/01/2021 A13064 Lots 102, 103 and 104 Bussell Highway, Karridale Minor Modification to Local Development Plan P221033 13/01/2021

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 12 January 2021

ATTENDANCE: Jason Heine, Chris Wenman, Chris McAtee, Angela Satre, Lezia Sandon, Lina O’Halloran PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

07/01/2021 A11839 9 (Lot 5) Dobbins Place, Witchcliffe Building Envelope Variation P221012

07/01/2021 A11015 161 (Lot 87) Ashton Street, Margaret River

Dwelling P221013

07/01/2021 A12566 7 (Lot 98) Nebbiolo Place, Margaret River

Dwelling (Outbuilding Addition) P221014

07/01/2021 A12606 48 (Lot 231) Elva Street, Margaret River

Holiday House (Large) P221016

07/01/2021 A7900 275 (Lot 3126) Barrett Road, Rosa Brook

Intensive Agriculture (Farm Shed) P221017

08/01/2021 A13041 10 (Lot 34) Tallwood Loop, Witchcliffe

Building Envelope Variation P221018

08/01/2021 A2680 17 (Lot 40) Ewing Street, Augusta Single Dwelling P221019

11/01/2021 A9749 A504

665 (Lot 3) Wirring Road, Cowaramup

Single Dwelling P221020

11/01/2021 A7427 Lot 2 Oldfield Road, Treeton Water Storage/Soak P221022

11/01/2021 A12899 6 (Lot 3) Bettong Place, Witchcliffe Carport Addition P221025

12/01/2021 A12681 2, 4, 6, 8 (Lot 1, 2, 3, 4) Loriini Lane, Cowaramup

Grouped Dwellings x4 (Retaining Wall)

P221026

12/01/2021 A12085 2 (Lot 214) Warru Way, Witchcliffe Dwelling(Outbuilding Addition) P221027

12/01/2021 A11532 A11233

Lot 9504 Waverley Road, Cowaramup

Local Development Plan P221028

12/01/2021 A2945 48 (Lot 1) Isaacs Road, Margaret River

Holiday House (Renewal) P221029

12/01/2021 A6427 Unit 29 / 20 (Lot 29) Reidle Drive, Gnarabup

Holiday House (Renewal) P221030

12/01/2021 A7267 216 (Lot 352) Illawara Avenue, Margaret River

Holiday House P221031

13/01/2021 A6182 A3457

12 (Lot 333) Churchill Avenue, Margaret River

Holiday House P221032

13/01/2021 A13064 Lots 102, 103 and 104 Bussell Highway, Karridale

Minor Modification to Local Development Plan

P221033

13/01/2021 A11020 Lot 503 Mitchell Drive, Prevelly Cafe Additions P221034

13/01/2021 A8797 Unit 4 / 70 (Lot 59) Town View Terrace, Margaret River

Holiday House (Renewal) P221035

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

07/01/2021 A12268 7 (Lot 38) Paperbark Grove, Margaret River

Single Dwelling 221006

11/01/2021 A2219 95 (Lot 8) Bussell Highway, Cowaramup

Cidery & Restaurant 221007

11/01/2021 A12832 55 (Lot 228) McDermott Parade, Witchcliffe

Single Dwelling and Rainwater Tank

221008

11/01/2021 A12898 4 (Lot 2) Bettong Place, Witchcliffe Single Dwelling 221009

11/01/2021 A9416 11 (Lot 139) Blue Gum Place, Cowaramup

Single Dwelling 221010

12/01/2021 A12104 8 (Lot 4) Formosa Street, Margaret River

Two Storey Dwelling 221011

12/01/2021 A13048 25 (Lot 41) Tallwood Loop, Witchcliffe

Single Dwelling 221012

12/01/2021 A13083 8 Mannitj Place, Witchcliffe Single Dwelling, Carport and Alfresco

221013

13/01/2021 A12585 Unit 4 / 35 (Lot 4) Stewart Street, Margaret River

Two Storey Dwelling 221014

13/01/2021 A9931 14 (Lot 60) Investigator Avenue, Augusta

Shed 221015

SUBDIVISIONS DETERMINED Nil

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LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

28/08/2020 Leigh Medlen

Lot 571 Devon Drive, Margaret River

Building Envelope Variation

Approved P220492

12/11/2020 Lucy Gouws

744 (Lot 111) Cowaramup Bay Road, Gracetown

Caretakers Dwelling (Amendment to Approval P220210)

Approved P220737

20/11/2020 Lina O’Halloran

10 (Lot 94) Nebbiolo Place, Margaret River

Dwelling, Outbuilding (Carport) and Retaining

Approved P220758

25/11/2020 Angela Satre

14 (Lot 134) Walton Way, Gracetown

Holiday House (Renewal)

Approved P220767

01/12/2020 Angela Satre

163 (Lot 1) Treeton Road North, Cowaramup

Holiday House (Renewal)

Approved P220778

08/12/2020 Lina O’Halloran

5 (Lot 76) Thomasia Court, Augusta

Bed & Breakfast Approved P220801

17/12/2020 Lina O’Halloran

35 (Lot 30) Hermitage Drive, Margaret River

Bed & Breakfast (Renewal)

Approved P220823

18/12/2020 Lina O’Halloran

217 (Lot 11) Tanah Marah Road, Bramley

Bed & Breakfast (Renewal)

Approved P220829

22/12/2020 Lina O’Halloran

67 (Lot 233) McDermott Parade, Witchcliffe

Dwelling Addition (Water Tank & Shed)

Approved P220836

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

22/07/2020 Lezia Sandon

Unit 26 / 14 (Lot 5 Strata Lot 26) Willmott Avenue, Margaret River

Home Business (Physiotherapy and Massage)

Conditionally Approve

P220405

17/11/2020 Lina O’Halloran

3 (Lot 62) Calabrese Close, Margaret River

Dwelling Addition (Outbuilding)

Conditionally Approve

P220751

MANAGEMENT OF VEGETATION ON SHIRE RESERVES Nil LOCAL LAW PERMITS

Nil OTHER APPLICATIONS determined under delegation Nil ELECTED MEMBERS ATTENTION Nil CLOSURE OF MEETING

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

Proposed Home Business – Physiotherapy & Massage Unit 26 14 (Lot 5 Strata Lot 26) Willmott Avenue, Margaret River

Major (Level 2) P220405; PTY/12796

REPORTING OFFICER : Devin Moltoni/ Lezia Sandon DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 3131m2

Zone Tourism

Proposed Development Massage and Physiotherapy studio in one room of the existing dwelling as

follows:

• Operating hours 9am to 5pm Monday, Tuesday and Thursday

• Maximum 2 staff (including the householder therefore one additional

employee)

• Maximum 10 clients per day as individual clients (no group sessions) &

by appointment only

• Dwelling area occupied is <50m2

• No retail sales

• Offering physiotherapy, massage, exercise prescription, mediation &

breath work tuition.

• Provision for seven parking bays on the strata lot.

Permissible Use Class ‘A’ Discretionary approval required subject to advertising

Heritage/Aboriginal Sites Yes. The survey strata parent lot northern boundary is within an identified Indigenous registered site (the Margaret River). The application has no impact to this site.

Encumbrance Interest notified on the strata plan and any amendments to lots or common property notified the provisions of the strata titles act 1985 (as amended). Notification on the title - Bushfire Management Plan and Wildlife Protection Management Plan.

Date Received 22/07/2020

Figure 1: Locality Plan

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Figure 2: The strata (parent) lot of the subject site commonly known as ‘Margaret River Getaway Chalet / Arcadia Chalets’

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

P213508 - Survey strata 2013 - creation of lot pt 25 (endorsed November 2015) and shown below.

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P215621 - Two lot strata severing Pt 25 and creating Strata Lot 26 (shown as ‘Balance Lot 25’ above). Strata Lot 26 is

1895m2 and incorporates a reasonably significant sized dwelling (including four bedrooms, three living rooms and a study),

caretaker’s residence, three car garage and internal driveway (car parking area for seven bays including the garage and

ancillary structures). This dwelling is the subject of the development application and home business proposal.

Advertising/Agency Referrals

Has the application been referred to adjoining landowners/agency?

The original proposal was referred to more than 30 land owners as follows:

• Operation on Monday, Tuesday, Thursday and Friday between 9am to 5pm.

• Maximum of 16 clients per day.

• Sessions staggered at 30 minute intervals.

• No more than 2 additional employees.

• Offering physiotherapy, massage, exercise prescription, mediation & breath work tuition.

• Seven parking bays on site.

√ Yes ☐ No ☐ N/A

Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: 4

Details of Submission Officer Comment

The Shire received 4 objections to the original proposal with

concerns summarised as follows:

1. Concerns the proposed dwelling is an approved short-term accommodation.

2. The site is full-time tourism and the business will conflict with these operations & be detrimental to the existing tourism use.

3. The additional traffic created by the home business will degrade the common property; recommendation that a business pay an additional fee for maintenance of the common property.

The applicant has modified the proposal in response to the

concerns raised to reduce the number of clients from 16 to

10 over 3 days and confirmation of no group sessions to be

held.

The proposed dwelling to be used as a Home Business was

constructed as a dwelling in 1984. There are no current short

stay approvals over the dwelling and the proponent advises

it is used for residential purposes. There is no evidence to

suggest that operation of a home business on the parent lot

would be adverse to the existing tourism uses in operation.

Additional contribution to the common property for

maintenance is not a valid planning condition as the

BLD/87813 (1987)

P1862- additional Accommodation

(1995)

BLD/84106 – New Concrete

Dwelling (1984)

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4. Existing traffic congestion within the site without the home business.

5. Concern with additional traffic through a tourism area with children on the common access through the site.

management of common property is governed by the Strata

Body as a civil matter.

While there are concerns about potential traffic congestion

the proposal is considered acceptable in relation to parking

with adequate area being provided on the strata lot for seven

bays.

There is an existing pattern of relatively high vehicle

movements within the site with the mixture of short stay

accommodation and residential development. Additional

vehicle movements will be generated by the proposal

potentially up to 20 movements per day (10 clients entering

and exiting). The movements however are staggered,

vehicle movements will be directed for vehicles to enter and

leave on separate routes, no group sessions and the

frequency of the vehicle movements is considered to be akin

with the intensity of movements on other tourism and mixed

use sites of this nature.

The accessways on the site are reasonably narrow, bitumen

sealed and developed with speed attenuation devices

(‘speed humps’). While concerns have been raised about

conflict with pedestrians, the speed attenuation measures

and nature of the access are such that there is no evidence

to suggest the proposal would raise unreasonable risk,

particularly in terms of vehicle speed.

While the objections are noted, the proposal was modified

in response to the concerns raised.

Internal Department Comments Officer Comments

Building: no additional permits required.

Environmental Health: recommend standard advice notes

Noted. Advice notes have been applied to the

recommended conditional approval.

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

Officer Comment The application is for use only; no works proposed.

Car Parking

LPS1 / R Codes Requirement Car Bays Required - <4> Car Bays Proposed -<4>

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

Officer Comment

The dwelling requires two parking bays and the Home Business will require two bays. Seven

vehicle parking areas are provided on the strata lot.

As a condition of any approval granted it is recommended that vehicles connected to the Home

Business are at all times parked within the strata lot boundaries.

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

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

N/A

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

N/A

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

No.

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

Other Comments

Any further comments in relation to the application? Officer Comment The original proposal generated four submissions during the advertising period. The proponent

modified the application in response. Given the existing nature of development on the site and

the intensity of the land use proposed, the amended proposal is considered acceptable subject

to conditions including limiting client numbers & limiting the number of staff that are not

household occupiers. It is recommended that any approval granted is also limited to a two year

timeframe of validity. This is to provide sufficient time for the use to operate whilst allowing for

reconsideration of the impacts in an application for renewal that would also be notified to

neighbours for comment. Conditional approval is recommended.

OFFICER RECOMMENDATION That the 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 Home Business (Massage and Physiotherapy studio) at Unit 26/14 (Lot 5 Strata Lot 26) Willmott Avenue, 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 the 7 January 2021

2. The Home Business use is limited to a period of two (2) years from the date of this approval (refer to advice note ‘c’).

3. The Home Business hereby permitted shall not exceed operating hours of 9:00am to 5:00pm Monday, Tuesday and Thursday.

4. The Home Business is permitted to service no more than 10 clients per day on an appointment only basis. Group sessions are not permitted.

5. The Home Business is permitted a maximum of one staff that is not an occupier of the subject household.

6. A sign limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from ground level may be erected at the property frontage and within the property.

7. All vehicles connected with the Home Business shall be parked within the boundaries of the strata lot at all times. 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) Following satisfactory performance of the approved use, and in the absence of any substantiated complaints over the

two (2) year approval period, the Shire may grant further planning approval for the continuation of the use. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee.

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

Proposed Dwelling Addition (Outbuilding) at 3 (Lot 62) Calabrese Close, Margaret River

Major (Level 2) P220751; PTY/10829

REPORTING OFFICER : Lina O’Halloran DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 2009m2

Zone Residential R5

Proposed Development A skillion design outbuilding (shed) addition is proposed to the existing dwelling on site as follows:

• 96m²

• Maximum wall height of 4.6m

• Ridge height of 4.7m

• Colorbond Windspray walls and Woodland Grey roof. The following variations are sought:

• A 1m southern side boundary setback, a variation to the 5m minimum side setback standard of LPS1 for an R5 zoned property.

• A 96m2 floor area, a variation to the 60m2 maximum floor area standard of the Residential Design Codes (RCodes).

• A 4.7m ridge height, a variation to the 4.2m ridge height standard of Clause 5.4.3 of the RCodes.

• 4.6m wall height, a variation to the 3.1m maximum wall height standard of LPP1.

Permissible Use Class Dwelling ‘P’ (permitted)

Heritage/Aboriginal Sites N/A

Encumbrance N/A

Date Received 17/11/2020

Figure 1: Locality Plan

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Figure 2: Site Plan

Policy Requirements

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

If yes, state the Policy/Policies LPP1 – Outbuildings, Farm Buildings & Swimming Pools

Officer Comment

The proposed outbuilding has a skillion roof, with a maximum wall height of 4.6m above natural

ground level varying the wall height guideline of 3.1m prescribed by LPP1.

The proposed variation is to allow for a large caravan to be parked in the shed. The highest point

of the wall is near the centre of the shed, reducing visual bulk on adjoining south and western

properties.

The proposal is consistent with the performance criteria of the policy as follows:

• The proposed outbuilding is located at the south-east rear corner of the site, located well behind the dwelling.

• The outbuilding size and location is typical of residential development in the area on large 2009m² lots.

• The shed is proposed to be finished in non-reflective materials consistent the natural surrounding environment.

• The outbuilding is screened by existing vegetation proposed to be enhanced. The proposal is considered to respond to the performance criteria under LPP1 and the variations sought are not considered to be adverse to or detract from the streetscape or amenity of the neighbouring properties.

Structure Plans and Local Development Plans (LDP’s)

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

If yes, state the Policy/Policies Ashton Street Local Structure Plan – Modification No. 1

Officer Comment No implications arise from the structure plan.

Planning History

Building Licence BLD/212193 was issued for the dwelling on 24 May 2012.

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

No. received: 1 x objection received

Details of Submission Officer Comment

Objection:

• The shed will be viewable from the neighbouring lounge, dining and kitchen area.

• Concerns about the height and size of the shed, and its proximity to the boundary as

In response to the objection, the applicant advises:

• The style and colour of the shed blends with the design of existing surrounding development.

• The property boundary is heavily planted for visual privacy and vegetation screening will remain (or be re-established) adjacent to the shed to address visual impact. The seating area on the adjoining property is approx. 20m from of the proposed shed location. The distance of the dwelling would be approx. 35m from the shed, not in direct line of sight from the lounge, dining, kitchen

Approximate Shed Site

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we have an outdoor seating area in north east area of our block.

area. Reflection off the shed to neighbouring property is reduced due to the positioning and the vegetation screen.

• The tallest part of the shed being located in the centre aims to minimise the visual impact.

• The shorter side of the shed, being 8m, is adjacent to the southern boundary which is a standard shed wall length.

• The location of sheds close to property boundaries is in keeping with existing development in the area.

• Placing the shed in line with the existing side access aids in reversing the caravan and boat into the shed, thereby minimising noise impact.

While the concerns raised are noted, the justification for the proposal provided by

the applicant is considered adequate. The applicant proposes to retain and extend

the existing vegetation screen along the property boundary. It is recommended that

a Landscaping Plan outlining the proposed retention and re-establishment of

vegetation along the south and western property boundaries be required as a

condition to any approval granted.

The proposal is not considered out of line with the pattern of surrounding

development in terms of the proximity to the boundary, size, scale and materials.

The proposed location of the shed is also considered to provide a suitable solution

to optimise the use of the external space of the subject lot, without unduly impacting

the visual amenity of the area.

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 Provided Officer comment

Rear Setback 1m 1m Complies

Side Setback 5m (LPS1) 1m Variation

Floor Area 60m2 96m2 Variation

Overshadowing ☐ Yes √ No

The proposed shed will have less than 25% overshadowing on the adjoining southern

property, as calculated in accordance with Clause 5.4.2. Other Variations √ Yes ☐ No

The proposed shed has a maximum ridge height of 4.7m, a variation to RCodes Clause

5.4.3 Outbuildings, which prescribes a maximum ridge height of 4.2m.

Officer’s Comments against

design principles

The RCode variations presented by this proposal are considered acceptable when

assessed against the design principles as follows:

• The proposal is in keeping with existing surrounding development and is typical of development on a residential lot of this size.

• The structure is proposed to be be clad in non-reflective materials and screened from adjoining lots by an existing vegetation buffer. Nonreflective materials and vegetation screening are recommended as conditions of approval.

• Has the highest elevation of the shed toward the centre, reducing visual bulk to adjoining lots.

• The building is single storey and would not result in unacceptable overshadowing impacts.

• Is not within close proximity or direct line of site from habitable areas on adjoining lots.

The variation to the outbuilding ridge height meets the design principles under the

RCodes and is considered acceptable.

Development Standards (Schedule 9)

Are the development Standards applicable? ☐ Yes √ No

Building Height

Scheme / Policy Requirement Wall – 3.1m Roof – 4.2m

State the proposed building height Wall – 4.6m

Roof – 4.7m

☐ Complies √ Doesn’t Comply

Officer Comment Variation discussed above

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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

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

No native vegetation is proposed to be

removed. Landscape Plan

recommended as condition of

approval ensuring installation of

additional landscape screening.

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

N/A

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

Other Comments

Any further comments in relation to the application? Officer Comment Conditional approval is recommended.

OFFICER RECOMMENDATION That the 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 the Dwelling Addition (Outbuilding) at 3 (Lot 62) Calabrese Close, 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 & P2 received at the Shire 17 November 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. At all times, all stormwater and drainage run-off from the development shall be detained within the lot boundaries and

managed to predevelopment 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’s Standards & Specifications.

4. Prior to lodging of a building permit application, a Landscape Plan shall be prepared to the satisfaction of the Shire.

The Landscape Plan shall be drawn to scale and shall show the following: a. The location, name and mature heights of existing and proposed trees and shrubs along the southern and

western lot boundaries to screen the outbuilding from the adjoining lots; b. Any lawns and paved areas to be established; c. Any natural landscaped areas to be retained; and d. Those areas that are to be reticulated or irrigated using water sensitive principles.

5. Landscaping shall be installed, in accordance with the approved Landscape Plan, prior to occupation/use of the

development and shall be maintained at all times thereafter.

6. The outbuilding(s) shall be used solely for purposes incidental and ancillary to the authorised use of the land.

7. The outbuilding shall not be used for human habitation.

8. The walls and roof of the building 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 or reflective colours as cladding/external (including but not limited to) 'silver' sheeting painting white, cream, off white or pale grey are prohibited. Details to be submitted with the building permit.

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.