3.2 PROPOSED ALTERATIONS AND ADDITIONS TO EXISTING …

Ordinary Meeting of Council 19 May 2010

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3.2 PROPOSED ALTERATIONS AND ADDITIONS TO EXISTING SINGLE HOUSE - LOT 110 (NO. 15) MARKET STREET, GUILDFORD

(Guildford) (Development Services)

KEY ISSUES

• The proposal is for alterations and two storey additions to an existing single house at Lot 110 (No. 15) Market Street, Guildford.

• The application requires Planning Approval under Local Planning Scheme No.17 as it is located within the Guildford Conservation Precinct.

• The proposal is referred to Council for its determination given the major variations the application proposes to the Acceptable Development Criteria of the City's Local Planning Policy - POL-C-106 relating to the Guildford Conservation Precinct and the Residential Design Codes.

• The proposal varies the Acceptable Development Criteria of the Guildford Conservation Precinct Policy relating to 'Scale or Size' and 'Form'.

• The proposal varies the building setbacks, building height, retaining, set back of retaining walls and privacy requirements of the Residential Design Codes.

It is recommended that the application for alterations and two storey additions to existing single house at Lot 110 (No.15) Market Street, Guildford be supported in this instance subject to conditions.

AUTHORITY/DISCRETION

The Council may 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 5 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Klopper and Davis - Samuel Thomas Klopper & Matthew Jeremy Davis

Owner: Market WA Pty Ltd Directors: Benjamin Maxwell Stafford Allen, Fiona Margaret Allen

Zoning: TPS - Residential R5 MRS - Residential Strategy/Policy: Guildford Conservation Policy Development Scheme: LPS17


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Existing Land Use: Single House Lot Size: 784 square metres Use Class: "P"

DETAILS OF THE PROPOSAL

The application is for alterations and two storey additions to an existing single house located at Lot 110 (15) Market Street, Guildford. The rear of the dwelling (living and bathroom/laundry) is proposed to be demolished while the remaining existing dwelling is to be retained and restored.

DESCRIPTION OF SITE

The subject development is located within the Guildford Conservation Precinct area, with the rear boundary of the lot abutting a Regional Reserve which then abuts the Swan River. The site slopes downwards towards the rear of the lot. The existing brick, concrete and iron dwelling is positioned towards the north-east portion of the lot with access to the site currently achieved from Market Street.

SITE HISTORY/PREVIOUS APPROVALS

There are no previous planning approvals relating to this property.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

The applicant has submitted information justifying variations to the Residential Design Codes and the Guildford Conservation Precinct Policy. In addition, the applicant has submitted a street elevation plan detailing the impact a pitched roof design would have on the streetscape. The submission has been summarised below.

Boundary Setbacks:

"The reduced setbacks are supported by the affected neighbours. The neighbourhood is generally large semi-rural sized blocks; therefore the amenity of the neighbour is not affected due to the large size of these adjacent blocks and the location of their houses being some 20 metres from the section of the proposed addition."

Buildings on boundary:

"The garage is located on the boundary; this design makes effective use of the space and allows the car parking to be located behind the existing house which is in


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accordance with City's planning policy C-106 -5.3.2 (d). The affected neighbour supports this proposal."

Architectural Form:

"The design of the addition is of a contemporary nature and has been deliberately sited to be concealed by the heritage house to the front. This is in keeping with the City's planning policy relating to the Guildford Conservation Precinct 6-15 - "Additions shall not visually intrude on the original building."

Overlooking:

"Small portions of the neighbours to the north have areas that are within the acceptable development cone of vision. The affected neighbours to the north have indicated that they accept these variations to the acceptable development provisions of the residential design codes. The impact and location of the overlooking has been limited to an area of expansive backyard that is clearly visible from a section of public land to the rear and therefore (not-withstanding the neighbour approval) the amenity of this neighbour is not eroded by the addition of these areas overlooking."

Heritage:

"The house to the front is a modest worker's cottage. The design philosophy adopted has been to allow this form to maintain its integrity from the street and from neighbour's perspective with a small link element to connect a new contemporary form to the rear.

The front building will be significantly improved and will significantly add to the heritage quality of the property from the street. The corollary of this is that the form to the rear will be of a modern and contemporary nature, which will not compete with the existing house and instead reflect a high quality architecturally considered response to the client's design requirements.

The addition is largely unseen from the street and over 35 metres away. The addition is sympathetic in materials and colours to the existing house, but contemporary in form in order to maintain the integrity of the heritage house at the front. The house is further obscured by a trellised palisade that will encourage vegetation to grow. The design proposed to use colours and materials for the new addition that matches the existing. This includes matching the window materials and colours, and the proposed new rendered masonry shall match the rendered masonry to the existing building."

PUBLIC CONSULTATION

The application was not advertised for public comment given that the neighbouring properties directly affected by the proposal had submitted written consent stating no objection to the proposed development. In this instance, advertising to properties on the other side of Market Street was not considered necessary given that the addition is set back almost 30 metres from the street. Also the properties directly opposite on the eastern side of the street do not present to Market Street, being orientated north-south towards Helena Street, and therefore are not considered to be impacted by the subject proposal.


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CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan River Trust, City's Heritage Advisor and the Western Australian Planning Commission for comment. The comments raised during consultation will be discussed within the report.

REPORT

Residential Design Codes Variations

Building Setbacks:

The proposal involves the following setback variations:

Variations to the R-codes Required Proposed

Building Setbacks:

Ground Floor

- North 1.5 metre Nil - 0.3 - 0.93 - 1.0 metres

Upper Floor

- North 2.1 metres 1.0 metre

- South 2.5 metres 1.685 - 4.67 metres

It is considered that the proposed ground floor setbacks will not have any undue impact on the neighbouring property. The boundary wall complies with the requirement of the Residential Design Codes. In addition, the setbacks are staggered to reduce the impact on the northern property and no objections were received from the neighbour.

The upper floor has reduced building setbacks compared to those dwellings in close proximity. However, in this instance it is considered that the reduced setbacks will have no undue impact on adjoining properties or surrounding amenity. The proposal complies with design for climate requirements of the Residential Design codes and no objection was received from affected neighbours abutting the north and south.

Fill & Retaining Walls:

The additions will result in up to 1.3 metres of fill at the rear of the dwelling to the northern boundary. There are also two retaining walls proposed on the boundary to the north (between balcony, robe, ensuite) and south (alongside alfresco). The fill and retaining walls are considered to have no undue impact and no objections were made by adjoining properties.


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Building Height:

The maximum height proposed to the top of the concealed roof is 7.8 metres from the natural ground level. This varies the 7.0 metre Acceptable Development Criteria of the Residential Design Codes.

However, the height is generally consistent with the desired building height in the locality. The concealed roof can be considered to have less of an impact on the amenity of the adjoining properties and will appear less dominant from the streetscape than that of a two-storey dwelling with a pitched roof. In addition, the proposed building height will not impact on direct sunlight to buildings and open spaces areas or habitable rooms, nor will it limit access to views to neighbouring properties. The site is also subject to topographical constraints, whereby the rear of the dwelling will require fill given the slope of the land. This results in the height to the top of the roof roughly 6.0 metres from the line of the natural ground level at Market Street.

Given the above, it is considered that the increased building height relating to concealed roofs addresses the Performance Criteria of the R-Codes.

Privacy:

The rear balcony does not meet the 7.5 metre privacy setback required under the Residential Design Codes. The balcony overlooks a maximum of 2.5 metres into the northern neighbour's backyard, an area considered as an outdoor active habitable space. The northern neighbour has no objections to the variation; however this does not provide security for any future neighbouring land owners. It is considered reasonable in this instance to require the rear balcony to be screened in accordance with the R-Codes to the satisfaction of the City to meet the Performance Criteria of the Residential Design Codes.

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

Scale or Size:

The Performance criteria state the following:

"Residential development shall respect the predominant scale (height, bulk, density and pattern of arrangement) that is characteristic of development in its context and shall not have an adverse visual impact on it."

The proposed two-storey addition reflects development that is contemporary in design and is generally consistent with the surrounding streetscape in terms of height, bulk and density.

The second storey addition to the rear is considered to be sympathetic to the predominant scale of the dwellings within the area. The natural slope of the land and the concealed roof design result in the height of the addition generally being in line with the existing dwelling (no more than 0.5 metres higher from a street view). This combined with the slope of the land results in the addition appearing as a single storey development from the primary street. In addition, the two-storey addition is setback 29.465 metres from the street reducing the visual impact on the streetscape.

The additions are considered to be bulkier in design to the predominant scale of the dwellings along Market Street. However, the street lacks a defined streetscape pattern


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in the sense that majority of the dwellings are setback over 10.0 metres from Market Street and the heavily tree lined street obscures views from the street to dwellings and in turn softens the impact any bulkier designs may have on the streetscape.

In addition, the Policy makes allowances for larger dwellings if they can be reduced in scale by breaking up long walls into bays, by the arrangement of openings, fragmenting roof forms, or setting back upper levels, as appropriate. The upper floor has staggered setbacks, particularly to the southern elevation with setbacks ranging from 1.685 - 3.865 - 4.670 - 7.635 metres from the boundary. In addition, the major openings to the rear upper floor addition have a sill height above 1.6 metres from finished floor level or have obscured glassing to reduce overlooking onto the northern property. No objections were received from the southern and northern affected neighbours.

Form:

The performance criteria state the following:

"Residential Development shall be sympathetic to the predominant form of development in the context and in the case of additions, to the existing building."

Additions to new buildings shall respond to and reinforce existing characteristics such as roof slopes. The subject addition proposes a concealed roof which is not in keeping with the roof pitch of the existing dwelling. However, in this instance, the concealed roof is considered to have less of an undue impact on the streetscape than that of a two storey dwelling with a pitched roof given it is in line with the height of the existing dwelling and therefore appears less visually obtrusive from the street.

The applicant has submitted plans (attached) demonstrating the affect a pitched roof would have compared to that of a concealed roof. If a pitched roof was to be incorporated into the design the height to the top of the pitch would exceed 10.0 metres from natural ground level. The angle of the roof pitch would have to be reduced to lessen the impact on adjoining neighbours. This would still not meet the Acceptable Development criteria of the Guildford Conservation Precinct Policy.

Heritage Consultation Comments

The City's Heritage Advisor has provided the following comment to the City in relation to the subject proposal:

"The proposal generally complies with the Guildford conservation Precinct Local Planning Policy adopted Nov 2006. The proposal is for retention and restoration of the existing dwelling and construction of a linked addition at the rear. The form of the addition is contemporary and in this respect differs from the majority of additions that are constructed in Guildford. However, the addition is well setback from the street and is respectful of the significant buildings in the immediate area. Although flat roofs are not generally supported in Guildford, the inclusion of a flat roof in this instance is in keeping with the high design quality of the overall proposal and will minimize the impact of the addition on the street.

The proposals for the restoration of the existing dwelling are supported other than the painting of the existing unpainted face brick northern wall of the house which should remain as unpainted face brick.


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A schedule of colours and finishes should be provided and a detail of the proposed fencing is required to be submitted also.

Overall the proposal will result in a high quality development that will enhance the Market Street area of Guildford."

The applicant submitted amended plans to reflect the brick wall to the northern elevation of the existing dwelling to be retained and plans demonstrating the front fence to comply with the Guildford Conservation Precinct Policy. These changes were referred to the Heritage Advisor for further comment. No additional comment has been received to date.

Swan River Trust

The Swan River Trust has no objections to the proposal subject to conditions and advice to the applicant which has been included in the Officer's recommendation.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the application as proposed for a concealed (flat) roof as shown on plans stamp dated 3 May 2010.

Implications: The applicant would be able to construct the alterations and additions on the subject site in accordance with the original plans. It is considered that this proposal addresses the Performance Criteria of the City's Policy relating to Guildford Conservation Precinct and the Residential Design Codes and will have less of an impact on the amenity of adjoining neighbours and the streetscape than an alternative design.

Option 2: Council may resolve to refuse the application should it consider that the application does not meet the Performance Criteria of the Guildford Conservation Precinct Policy and the Residential Design Codes or is considered to affect the amenity of the locality. This is not the recommended option.

Implications: The applicant would not be able to construct the alterations and additions and has the right of a review of the application to the State Administrative Tribunal within 28 days of the date of Council's decision.

CONCLUSION

The application for alterations and two-storey additions to existing single house involving a concealed (flat) roof on the subject site varies the Development Criteria relating to building setbacks, fill, retaining walls, building height and privacy of the Residential Design Codes and Scale or Size and Form of the City's Policy relating to Guildford Conservation Precinct. The applicant has provided justification for the variations in accordance with the Performance Criteria of both the City's Policy and the R-Codes.


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The applicant's proposal to construct a dwelling with a concealed roof is considered supportable in this instance for the reasons outlined in this report. A summary of those reasons is listed below:

• Topographical site constraints result in the finished floor level having to be raised significantly from the natural ground level consequently resulting in a higher finished roof height.

• Staggered building setbacks soften the bulkiness of the additions on neighbouring properties.

• The two-storey addition is setback over 26.0 metres from the primary street.

• The flat roof has less of an impact on adjoining neighbours in terms of height, bulk and scale to that of a pitched roof.

• The contemporary addition distinguishes itself from the existing dwelling dating back to the first decades of the 20th century.

• No objections were raised by the directly affected neighbours, Swan River Trust or the City's Heritage Advisor.

In light of the above, it is recommended that the application be supported subject to conditions.

ATTACHMENTS

• Aerial Photograph • Survey plan • Demolition Plan • Site Plan • Floor Plans • Turning Circles diagram • Elevation Plans • Pitched roof example

STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Planning and Development Act 2005.

Local Planning Scheme No.17

Residential Design Codes 2008


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FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1) Approve the application for alterations and two storey additions to existing single house (as per the revised plans dated 3 may 2008) at Lot 110 (No.15) Market Street, Guildford subject to the following conditions:

1. The balcony to the west (rear) elevation is to be screened in accordance with cl.6.8.1 of the R-Codes to the satisfaction of the City of Swan prior to a Building License being issued.

2. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

3. The development must be connected to the Water Corporation’s sewer where available.

4. No soil, building materials, rubbish or any other deleterious matter shall be placed on the Parks and Recreation reserve or allowed to enter the river as a result of the development.

5. Stormwater drainage shall be contained on site, or connected to the local government stormwater drainage system, to the satisfaction of the City of Swan on advice from the General Manager, Swan River Trust.

6. The fence on the riverside boundary of the lot shall be of an open view style with a total height not exceeding 1.8 metres.

7. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish), to complement the dwelling on the adjoining lot (Lot 103), to the satisfaction of the Principal Planner.

8. All earthworks and/or associated drainage details shall be in accordance with plans and specifications approved by the Chief Executive Officer.

9. Earthwork, footings and/or structures are not to extend over any lot boundaries.

10. 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.


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Advice to the applicant

a) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

b) Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Licence until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

c) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

d) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

e) Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

f) In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

g) To enable your Building Licence Application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Licence Application, refer to the City of Swan Website (cityofswan.com) and follow the links to Building Services Applicant Checklists.

If you require assistance, please contact Customer Services on 92679267.

h) The applicant is advised that no vehicular access is permitted on the Parks and Recreation reserve without the approval of the manager of the reserve.

i) The applicant is advised that it is an offence under the Swan and Canning Rivers Management Regulations 2007 to destroy, pull up, cut back or injure any tree, shrub, aquatic plant or other perennial plant


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that is in the Riverpark or the Swan River Trust Development Control Area, except with the approval of the Trust.

j) The applicant is advised that the selected building materials and colour scheme for the development should be of a low reflective standard, and harmonise with the river environment.

k) The applicant is advised that the development is located within an area on the Permanent Register of Sites of Aboriginal Significance. The Department of Indigenous Affairs should be contacted to ensure that the proposed works do not breach any section of Part IV (Protection of Indigenous Sites) of the Aboriginal Heritage Act 1972.

CARRIED


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Documents

3.2 PROPOSED ALTERATIONS AND ADDITIONS TO EXISTING …