use of the land for agriculture-intensive and incidental

Ordinary Meeting of Council 08 May 2019

3.2 USE OF THE LAND FOR AGRICULTURE-INTENSIVE AND INCIDENTAL SHED AND WATER TANK - LOT 101 (NO.719) GREAT NORTHERN HIGHWAY, HERNE HILL (DA708-18)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The proponent is seeking development approval for the use of the land for 'Agriculture-Intensive', Shed and Water Tank on the site at Lot 101 (No.719) Great Northern Highway, Herne Hill.

• The subject property is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City's Local Planning Scheme No.17 (LPS 17).

• The proposed 450m2 shed is 30m x 15m with a wall height of 6m with a peak height of 7.32m. The wall height of 6m is required to allow a 5m opening to park a large boat, a grape harvester and several tractors with large implements.

• The shed aspect of the application was referred to the Swan Valley Planning Committee (SVPC) which resolved to approve the shed subject to:

• A maximum wall height of 5m

• The proposed 'Agriculture-Intensive' land use does not require referral to the Swan Valley Planning Committee as the use is permitted within the Swan Valley Rural zone.

• The application was advertised to the adjoining landowner at Lot 93 (No.44) Barrett Street, Herne Hill during which time one (1) objection to the development was received. The concerns raised by the objector have been addressed throughout the report.

• City staff do not concur with the SVPC recommendation that the wall height of the shed be 5m in lieu of the proposed 6m on the submitted plans. It is considered that the shed is compatible with the character of the area and will not adversely impact the visual amenity of the adjoining properties.

It is recommended that the Council resolve to grant approval for the Agriculture-Intensive land use, a Shed and Water Tank on the site at Lot 101 (No.719) Great Northern Highway, Herne Hill subject to conditions. Determination of the application pursuant to the Metropolitan Region Scheme will be made by the Western Australian Planning Commission.


AUTHORITY/DISCRETION

Pursuant to cl.30B (5) of the Metropolitan Region Scheme (MRS), where the City of Swan does not accept the advice/recommendation of the Swan Valley Planning Committee (in relation to an application), the City of Swan is required to refer the application together with any recommendations provided by all bodies consulted, and the reasons why the advice/recommendation of the committee is not accepted by the City of Swan, to the Commission for determination under the MRS.

Notwithstanding this, the City of Swan and/or its Council is still required pursuant to cl.10.3 of Local Planning Scheme No.17 (LPS 17) to determine the application under LPS 17. In this regard, Council has discretion to approve (with or without conditions) or refuse the application.

BACKGROUND

Applicant: Jared Sant Owner: Jared Sant & Rejane Sant Zoning: LPS 17 - Swan Valley Rural MRS - Rural Strategy/Policy: Building and Development Standards - Rural Zones Development Scheme: Rural Existing Land Use: Vacant lot Lot Size: 49,827m2

Lot Area: 49,827m2

Use Class: Agriculture-Intensive – P use The subject lot is located at No.719 Great Northern Highway, Herne Hill and is currently a vacant block.

DETAILS OF THE PROPOSAL Development Approval is being sought for the first stage of a two stage proposal to use the land for Agriculture-Intensive purposes, a Shed and Water Tank on the site at Lot 101 (No.719) Great Northern Highway, Herne Hill.

The proposed orchard falls within the 'Agriculture-Intensive' land use class and is a permitted ('P') use within the Swan Valley Rural zone. The first stage of the overall use of the land, subject of this application, proposes 60 citrus trees with the intention to plant further citrus trees and a grape vine plantation as part of stage two, subject of a future development application.

The proposed 450m2 Shed measures 30m in length by 15m in width. The proposed wall height is 6m with a peak roof height of 7.32m. The wall and roof cladding proposed is 'Woodland Grey' and 'Cottage Green' Colorbond material.

The shed which is incidental to the 'Agriculture-Intensive' land use is required for the parking of a high clearance tractor, a grape harvester, several tractors with large implements, a large boat and other general items in association with the agriculture-intensive land use. The applicant has also prepared an area on the lot for a future single house which includes already installed services and driveway as shown on the submitted site plan allowing the shed to act as incidental domestic storage.

The location of the shed proposes a 10m setback to the rear common boundary.


SITE HISTORY/PREVIOUS APPROVALS

Nil

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

PUBLIC CONSULTATION

The application was advertised to the adjoining landowner at Lot 93 (No.44) Barrett Street, Herne Hill via letter for a period of 14 days, during which time an objection to the development was received.

The objection raised concerns with the following:

• Downdraft wind shear westward of the shed with the prevailing easterly wind in summer when the trees are already water stressed. There are formulas for modelling this effect. Damage potential is proportional to the volume and particularly the height of the building. We suggest that this is one of the valid reasons for the height restriction on buildings in the existing town planning rules.

• A large industrial sized building detracts from the aesthetic beauty of our olive grove. We have been developing our grove as an organic boutique point of sale for the last 10 years. We are selling the experience of walking around the grove and seeing the trees moving in the breeze as much as the oil itself.

• LPS 17 specifically notes the importance of developing the Swan Valley as a recreational, tourism and landscape resource as well as for horticulture. A very large industrial shed on a small rural lot is not consistent with these aims.

• Schedule 5 - Exempted Development within LPS 17 states the combined area of sheds (and other outbuildings) on the land would not exceed 300m2; and the height does not exceed 5m.

• It is requested the shed be relocated further from the rear boundary and screening be installed to reduce the impact on the affected lot.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Swan Valley Planning Committee (SVPC)

The application was referred to the Swan Valley Planning Committee meeting on 4 February 2019 where it was resolved to recommend that the proposed shed be approved subject to:

• A maximum wall height of 5m

City staff do not concur with the Swan Valley Planning Committee's recommendation.


Department of Primary Industries and Regional Development (DPIRD)

The application was referred to DPIRD seeking comment for the proposed 'Agriculture-Intensive' land use and due to the scale of planting proposed. DPIRD offered no objection to the proposal.

APPLICANT'S SUBMISSION

Following the public consultation process in which one (1) objection was received during the 14 day period, the applicant had the opportunity to address the concerns raised in the objection and also the recommendation made by the SVPC at the 4 February 2019 meeting:

• As the natural contours of the lot slope upwards away from the affected neighbour (as demonstrated on the location plan), the relocation of the shed further from the rear boundary will increase the impact on the adjoining landowner as perceived bulk and scale of the shed will be increased.

• The 5m wall height in lieu of the proposed 6m wall height recommended by the SVPC is not considered viable for the applicant as a 5m door opening is required for the following reasons:

• A Fendt high clearance tractor measuring 4.57m in height;

• A 28ft Caribbean boat with a fly bridge height of 4.5m;

• A 4.63m high grape harvester will be stored in the shed for the future grape vine plantation on the lot;

• A mezzanine floor is being proposed in a portion of the shed for domestic storage of a proposed single house on the lot; and

• Pallet racking is to be installed which stands at a maximum height of 5.3m.

• The extra metre above the 5m door opening is also required to allow room for the roller door components.

DETAILS

Local Planning Scheme No.17

The subject lot is zoned 'Rural' under the Metropolitan Region Scheme and 'Swan Valley Rural' under the City of Swan Local Planning Scheme No.17.

The development is considered to be incidental to the Agriculture-Intensive land use which is a permitted ('P') land use in this zone. The development is not considered to contravene the objectives of the Swan Valley Rural Zone.


Local Planning Policy POL-TP-126 - Building and Development Standards - Rural Zones

The application was assessed against Local Planning Policy - Building and Development Standards - Rural Zones. The application was found to comply with the required provisions regarding site coverage and colours and materials.

The Swan Valley Rural zone has no prescribed setbacks - these are to be negotiated with Council at the time of an application. LPS 17 provisions pertaining to exemptions from the need for planning approval for rural sheds sets out a setback requirement in accordance with Table 1 of POL-TP-126. The proposed location of the shed is setback 370m from the primary street boundary and 10m from the rear common boundary. The development has been orientated to allow the 'short' side to face both the rear common boundary and the primary street thus minimising the impact on rural amenity. The applicant has also planted vegetative screening along the north and south lot boundaries to further minimise the impact of the 'long' side of the shed on rural amenity.

As the natural contours of the lot slope upwards away from the affected neighbour to the west (as demonstrated on the location plan), the relocation of the shed further from the rear boundary will increase the impact on the adjoining landowner as perceived bulk and scale of the shed will be increased.

In addition, the screening provided by the olive tree plantation on the affected neighbour's lot is considered adequate in reducing the impact the shed will have on the rural character and the amenity of the locality.

Accordingly, the proposed shed is considered relatively minor as the proposed location of the shed is not considered to have an impact on the rural character and the amenity of the locality nor on the adjoining properties.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to not accept the advice of the Swan Valley Planning Committee and grant conditional approval to the application for an Agriculture-Intensive land use, Shed and Water Tank on the site at Lot 101 (No.719) Great Northern Highway, Herne Hill.

Implications: The application will be approved and the recommendation forwarded on to the Western Australian Planning Commission for consideration.

This is the recommended option

Option 2: Council may resolve to refuse the application for the Agriculture-Intensive land use and incidental Shed and Water Tank on the site at Lot 101 (No.719) Great Northern Highway, Herne Hill for the following reasons:

1. The shed is not compliant with the rear setback requirements.

2. The development will negatively impact the amenity of the area.

Implications: The owner/applicant would have a right of review to the State Administrative Tribunal if aggrieved by this decision.

This is not the recommended option.


CONCLUSION

The proposed shed is setback 370m from Great Northern Highway with the 'short' side of the shed facing both the primary street and the affected neighbour to the rear of the lot. The existing olive tree plantation on the affected neighbour's lot provides sufficient screening of the shed to limit the impact of a proposed 6m wall height required to allow a 5m door opening for the parking of a large boat, and various types of machinery in association with the agriculture-intensive land use proposed on the lot.

The proposed shed, within the Swan Valley Rural zone meets the objectives of clause 8.6 of the Swan Valley Planning Act 1995 as the compatibility of design and siting of the shed is sympathetic to the surrounding area. Accordingly, the proposed shed is considered relatively minor as the proposed location of the shed is not considered to have an impact on the rural character and the amenity of the locality nor on the adjoining properties.

ATTACHMENTS

Location Plan

Site Plan

Elevation Plan

Site photos

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Swan Valley Planning Act 1995

Planning and Development (Local Planning Schemes) Regulations 2015

Metropolitan Region Scheme

Local Planning Scheme No.17

Building and Development Standards - Rural Zones (POL-TP-126)

FINANCIAL IMPLICATIONS

Nil


VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Not concur with the advice of the Swan Valley Planning Committee to approve the Shed subject to a 5 metre wall height and instead approve the application as per the submitted plans.

2) Approve the application for the Agriculture-Intensive land use, Shed and Water Tank on the site at Lot 101 (No.719) Great Northern Highway, Herne Hill, subject to the following conditions:

1. This approval is for 'Agriculture-Intensive' land use and incidental 'Shed' and 'Water Tank' as illustrated on the submitted plans received by the City on 26 October 2018.

2. The walls and roof of the shed be clad in a material or painted in a colour of natural or earth tonings to complement the surroundings, and/or adjoining developments, in which it is located to the satisfaction of the City of Swan.

3. All stormwater produced on site shall be disposed of within the site to the satisfaction of the City of Swan.

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

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

3) Advise the applicant/owner of the resolution of Council.

4) Recommend approval of the application to the Western Australian Planning Commission.

5) Advise the submitter of the Council's decision accordingly.


MOTION that the Council resolve to:

1) Not concur with the advice of the Swan Valley Planning Committee to approve the Shed subject to a 5 metre wall height and instead approve the application subject to a 5.5 metre wall height.



2. The wall height of the shed shall be limited to 5.5 metres (above Natural Ground Level).








6) Note the reason for changing the recommendation is to ensure that the proposed shed will not adversely impact the adjoining landowner at Lot 93 (No.44) Barrett Road.

(Cr Zannino – Cr Henderson)

Cr McDonnell left the Chamber at 7.41pm.

Cr Kiely entered the Chamber at 7.42pm.

Cr McDonnell entered the Chamber at 7.43pm.


RESOLVED UNANIMOUSLY TO:

1) Not concur with the advice of the Swan Valley Planning Committee to approve the Shed subject to a 5 metre wall height and instead approve the application subject to a 5.5 metre wall height.



2. The wall height of the shed shall be limited to 5.5 metres (above Natural Ground Level).








6) Note the reason for changing the recommendation is to ensure that the proposed shed will not adversely impact the adjoining landowner at Lot 93 (No.44) Barrett Road.

DISCLAIMER: Information shown here on is a composite ofinformation 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.

Location Plan - Lot 101 (No.719) great Northern

Highway, Herne Hill

12/03/2019

1:3000

Use of the land for Agriculture-Intensive and Incidental Shed and Water Tank - Lot 101 (No.719) Great Northern Highway, Herne Hill

FUTURERESIDENCE

PROPOSEDSHED

LOT 101719 GREAT NORTHERNHIGHWAYHERNE HILL49827 SQ M

BOUNDARY

BOUNDARY

BOU

ND

ARY

BOU

ND

ARY

PROPOSEDDRIVEWAYACCESS

10M 30M 85M

25M 50M 210M

55M

15M

45M

195000LITRERAINWATERTANK

PROPOSEDFENCING

PROPOSEDFENCING

GR

EA

T N

OR

THE

RN

HIG

HW

AY

PROPOSEDORCHARD

PROPOSEDNEW FENCING

PROPOSED TREEPLANTING FORSCREENING 729

723

731

733741

1716 18

19

PROPOSED SITE PLAN1:1250

A-01REV.

DATE ISSUE

-DRAWING No.

DATE SCALE

-

AS NOTED @ A3

CHECKED

JOB No.

DRAWN

PROPOSAL

ADDRESS

PROPOSED SITE PLAN

NORTH

BUILDING LANDSCAPE DESIGN & DRAFTING E: [email protected]

SJLLOT XX, #719 GREAT NORTHERN HIGHWAY

PROPOSED SHED OUTBUILDING

SEPT 2018

A

HERNE HILL WA 6056

REV A 18/12/18 WATER TANK/ SHED LOCATION REVISED

use of the land for agriculture-intensive and incidental

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