proposed demolition of existing dwelling and construction ... · 1) approve the application for...

Ordinary Meeting of Council 15 March 2017

3.14 PROPOSED DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF NEW SINGLE HOUSE - LOTS 5 AND 8 (NO.10) HELENA STREET, GUILDFORD (DA540-16)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application proposes the demolition of the existing dwelling and construction of a new single house on Lots 5 and 8 (No.10) Helena Street, Guildford.

• The site is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS) and ‘Residential’ (R5) under the City’s Local Planning Scheme No.17 (LPS17). The site is located within the Guildford Heritage Area, the Aircraft Noise Special Control Area and is declared Bushfire Prone.

• The existing dwelling to be demolished was constructed circa 1975 and does not form part of the traditional housing stock of Guildford.

• No structures or vegetation on the site are protected under a state or municipal heritage inventory or listing.

• The Guildford Association has suggested the replacement dwelling does not comply with Local Planning Policy POL-C-106, specifically with respect to the design of the garage and use of colours.

• A revised colour schedule has since been provided, however the garage remains unchanged. City staff are of the view that the replacement dwelling complies with Local Planning Policy POL-C-106 in all respects and therefore, recommends the application be approved.

It is recommended that the Council approve the application subject to conditions.

AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of LPS17 to approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.


BACKGROUND

Applicant: Dale Alcock Homes Owner: Withheld (Section 51B) Zoning: LPS17 - Residential (R5) MRS - Urban Strategy/Policy: SPP 5.1 – Land Use Planning in the Vicinity of Perth

Airport SPP 3.7 – Planning in Bushfire Prone Areas POL-C-106 – Guildford Conservation Precinct POL-C-096 – Guildford & South Guildford District Drainage Development Fund

Existing Land Use: Single House Lot Area: 1,013m2

DETAILS OF THE PROPOSAL

The application seeks approval to demolish the existing dwelling on the site and construct a new, single storey dwelling.

DESCRIPTION OF SITE

The subject site is located at Lot 5 and Lot 8 (No.10) Helena Street, Guildford. Together, the lots have 20.4m of frontage. The verge abutting the site comprises 3 street trees, a street sign, street light, power pole and drainage infrastructure.

At present, the site comprises a single house and ancillary structures including patios, sheds, retaining walls and fencing. The existing single storey brick and tile dwelling is typical of 1970’s housing stock and includes a double garage accessed via a single crossover onto Helena Street.

A grouped dwelling development exists on the adjoining lot to the west and a single house is currently under construction on the adjoining lot to the east. This section of Helena Street (east of Attfield Street) is characterised by few traditional dwellings amongst a predominantly non-traditional streetscape.

SITE HISTORY

A review of historic aerial photography indicates the existing dwelling was constructed in the mid 1970’s. There are no approvals on the City’s record for the site.


PUBLIC CONSULTATION

The Guildford Association was invited to provide comment on the proposal. In their response, the Association suggested the replacement dwelling does not comply with acceptable development provisions of Local Planning Policy POL-C-106 with respect to the following:

• siting and design of garage

• colours schedule

DETAILS

The application has been assessed against the following:

Local Planning Policy POL-C-106 – Guildford Conservation Precinct

In their submission on the application, the Guildford Association suggests that the garage of the replacement dwelling does not comply with the acceptable development criteria:

Part 5.3.2 (d) Vehicular Access and Parking:

(i) car parking shall be incorporated into the design of a new development as unobtrusively as possible; and

(ii) a garage should be set behind the front building line of the house if possible

Whilst double garages are not a feature of traditional housing stock in Guildford, the policy allows for new dwellings to be constructed with a double garage, so long as the garage door does not occupy more than 30% of the lot frontage. In this instance, the garage door of the proposed dwelling occupies only 23% of the frontage.

City staff are of the view that the siting and design of the replacement dwelling’s garage complies with the ‘acceptable development’ standard of the policy. The garage door is setback 0.5m behind the front building line and complies with all prescribed design limitations stipulated in the policy relating to garage location and design.

The Association also provided comment on the colour schedule initially submitted by the applicant, suggesting proposed render colour is inconsistent with traditional colour scheme in Guildford. The applicant has provided a revised schedule, incorporating red brick, cream render and a grey roof as per the acceptable materials as recommended in the policy.

State Planning Policy 3.1 - Residential Design Codes (R-Codes)

The proposal complies with the R-Codes.

State Planning Policy 5.1 – Land Use Planning in the Vicinity of Perth Airport

As the lot is affected by aircraft noise, and in accordance with the relevant State Planning Policy, it is recommended that as a condition of planning approval the replacement dwelling be constructed with noise insulation qualities and a notification is to be placed on the certificate of title of the lot.


State Planning Policy 3.7 – Planning in Bushfire Prone Areas

The site is identified as ‘bushfire prone’. A site specific Bushfire Attack Level assessment has been undertaken and it is not considered necessary that any additional construction standards be employed to increase the building’s resistance to bushfire attack as per the relevant Australian Standard.

Local Planning Policy POL-C-096 – Guildford and South Guildford Drainage Development Fund

The site is located within the Guildford and South Guildford District Drainage Area. Given a drainage contribution has not yet been levied on this site, it is recommended a condition be imposed requiring a contribution be made as per the policy.

Street Tree Removal

Infrastructure within the street verge abutting the site includes:

• 3x street trees

• street sign

• side entry gully

• concrete gulley pit

• street light/ power pole

The application seeks to remove 2 of 3 street trees in order to allow for the construction of a double crossover facilitating access to the site. City staff are supportive of the removal of the selected trees on the basis that the trees to be removed do not conform to the City’s Landscape Guidelines for Verges with respect to their proximity to street lights. City staff support the removal of the trees on the basis that replacement street trees are planted at the landowners' expense.

OPTIONS AND IMPLICATIONS

Option 1: Council can resolve to approve the application for the Demolition of the Existing Dwelling, and Construction a New Single House at Lot 5 and Lot 8 (No. 10) Helena Street, Guildford subject to conditions.

Implications: The owners will be able to proceed with the development.

This is the recommended option.

Option 2: Council may refuse to grant approval for the Demolition of the Existing Dwelling, and Construction a New Single House at Lot 5 and Lot 8 (No. 10) Helena Street, Guildford for the following reason:

1. The proposed single house will have an adverse effect on the heritage significance and character of the locality.

This is not the recommended option.


CONCLUSION

Approval is sought for the demolition of the existing dwelling and construction a new single house at Lots 5 and 8 (No.10) Helena Street, Guildford. The buildings to be demolished are not protected under a state or municipal heritage inventory or listing and are not representative of the heritage values that underpin the Guildford Heritage Area. The replacement single house has been designed in accordance with the acceptable development provisions of Local Planning Policy POL-C-106 Guildford Conservation Precinct. Comments received suggesting the replacement dwelling does not comply with the guidelines have been reviewed, and where considered necessary, addressed by the applicant.

It is recommended that the application be approved subject to conditions.

ATTACHMENTS

Development Plans

Schedule of Colours and Materials

Site Photos

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The site is located within the Guildford and South Guildford District Drainage Area. As per the relevant local planning policy, a financial contribution toward the upgrade of drainage infrastructure in the district is required upon redevelopment of the site.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the application for Demolition of the Existing Dwelling and Construction of a new Single House on Lots 5 and 8 (No.10) Helena Street, Guildford subject to the following conditions:

1. This approval is for a ‘Single House’ as defined in the City of Swan Local Planning Scheme No.17 and illustrated on the approved plans.

2. Prior to application for a building permit for the proposed development, Lots 5 and 8 Helena Street, Guildford are to be amalgamated into a single lot on a Certificate of Title.

3. As depicted on the approved plan, 2 of the 3 street trees in the verge abutting the site shall be removed and relocated/replaced prior to the commencement of construction works. Street tree removal/relocation works shall be undertaken by the City upon request of the applicant/owner. All costs associated with the removal and relocation/replacement of street trees shall be borne by the applicant/owner.

4. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificates of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit. The notification shall notify owners and prospective purchasers of the land that the land is affected by aircraft noise.

5. As the development is within the Guildford & South Guildford Drainage District Drainage Area, a drainage contribution is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to the lodgement of a Building Permit application and prior to any work commencing on the site.

6. The replacement dwelling shall be constructed with noise insulating qualities so as achieve recommended indoor noise levels in accordance with Australian Standard AS2021-2000 – Acoustics – Aircraft Noise Intrusion – Building Siting and Construction.

7. The external finish of the dwelling shall comply with the approved colour and materials schedule.

8. External fixtures such as satellite dishes, TV and radio antennae, exhaust vents, air-condition units, solar panels and the like shall be sited so that they are not visible from the street.

9. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the City’s requirements.

10. Vehicle access onto the site shall be restricted to that shown on the approved plans.

11. Earthworks, footings and/or other structures are not to extend over any lot boundaries.


12. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be undertaken accordance with the City’s specifications. Failure to do so may result in these works being removed and reinstated by the City at the landowner’s expense.

13. Any additional development which is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.

ADVICE NOTES: Standard advice notes apply. 2) Advise the applicant/owner of the resolution of Council and relevant advice notes

pertaining to the approval.

3) Advise those who lodged a submission of Council’s decision accordingly.

MOTION that the Council resolve to:

1) Defer this item until the Ordinary Meeting of Council to be held on 12 April 2017.

2) Record the reason for deferral is to allow the owners more time to discuss the Conditions with the City as requested by the owners.

(Cr Johnson – Cr Haynes)

RESOLVED that clause 10.2 of the City of Swan Meeting Procedures Local Law 2015 be suspended to allow debate on the motion.

(Cr McDonnell – Cr Williams)

RESOLVED 11/4 TO:

1) Defer this item until the Ordinary Meeting of Council to be held on 12 April 2017.

2) Record the reason for deferral is to allow the owners more time to discuss the Conditions with the City as requested by the owners.

For: Crs Elliott, Henderson, Johnson, Kovalevs, Lucas, McCullough, McDonnell, McNamara, Parasiliti, Trease and Williams

Against: Crs Bailey, Färdig, Haynes and Wainwright

RESOLVED UNANIMOUSLY that clause 10.2 of the City of Swan Meeting Procedures Local Law 2015 be resumed.

(Cr Kovalevs – Cr Williams)

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Planning Application

Colour & Material Schedule Template Example

Material Type Company Name & Colour Description

Colour Sample*

External Walls Brick Austral Lenora

External Walls

Render 1

Render 2

Roof Colorbond Manor Red

Garage Door

Front Entrance Door

Window Frames Dowell Primrose

Brick Paving Brick Midland Brick Sahara

Decking

Gutter & Fascia Solver Heritage Red 0788

Downpipes & Meter Box Solver Brickwash 0792

Verandah Posts

Barge, Scribe & Finials

Roof Gable Lining

Moulded Bands and Sills Solver Sugar Cane 2734

* Note - The Colour Sample can be a print out from the respective companies webpage, so long as it clearly illustrates the colourof the material being described.

Planning Application

Colour & Material Schedule Checklist

Property Address:

Material Type Company Name & Colour Description

General Colour Description

Colour Sample*

External Walls

Render 1

Render 2

Roof

Garage Door

Front Entrance Door

Window Frames

Brick Paving

Decking

Gutter & Fascia

Downpipes & Meter Box

Verandah Posts

Barge, Scribe & Finials

Roof Gable Lining

Moulded Bands and Sills

*Note - the Colour Sample can be a print out from the respective companies webpage, so long as it clearly illustrates the colour ofthe material being described.

Brick Brikmakers Vintage Red

Solver Cloudy Sky

Colorbond Colorbond Basalt

Colorbond BasaltColorbond

Powdercoat Jason Windows

Concrete Brikmakers Stonewash VistapaveCharcoal

Colorbond Colorbond Basalt

Acrylic Render

Stormfront

Painted zincalume (to render)Colorbond to remainder

Render - to match renderRemainder - Colorbond Basalt

Helena Street, Guildford

proposed demolition of existing dwelling and construction ... · 1) approve the application for...

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