DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 26 April 2016

ATTENDANCE Chris Wenman, Lucy Gouws, Johan Pienaar, Kim Nolan, Polina Chernova APOLOGIES CONFIRMATION OF MINUTES Minutes of meeting dated 12 April 2016 confirmed as correct. PLANNING APPLICATIONS RECEIVED Date Rec’d Assess

No. Address Proposal DA No.

18/04/2016 A11852 2 (Lot 18) Hogan Place, Witchcliffe Dwelling & Water Tank Outside Building Envelope

P216216

19/04/2016 A12054 Lot 57 McDermott Place, Witchcliffe Dwelling and Water Tank P216217 20/04/2016 A2608 27 (Lot 20) Isaacs Road, Margaret

River Holiday House P216218

20/04/2016 A6706 28 (Lot 489) Hillview Road, Augusta Augusta Mens Shed Additions P216219 20/04/2016 A5337 10296 (Lot 122) Bussell Highway,

Witchcliffe Scheme Amendment No. 44 to Local Planning Scheme No. 1 and associated Structure Plan

P216220

21/04/2016 A1689 2 (Lot 387) Peppermint Drive, Augusta Dwelling Additions (Outbuilding) P216221 21/04/2016 A11863 24 (Lot 3) Stewart Street, Margaret

River Dwelling P216223

22/04/2016 A167 51 (Lot 15) Georgette Way, Prevelly Holiday House (Large) P216224 18/04/2016 A8636 32 (Lot 673) Halcyon Crescent,

Margaret River Compliance – Unauthorized Use of Dwelling for Short Stay Accommodation

P216226

BUILDING LICENCE APPLICATIONS RECEIVED Date Rec’d Assess

No. Address Proposal BLDG

No. 21/04/2016 A7998 48 (Lot 158) Grunters Way, Gnarabup Ancillary Accommodation 216183 21/04/2016 A5950 1900 (Lot 162) Rosa Brook Road, Rosa

Brook Shed 216184

21/04/2016 A8356 271 (Lot 112) Redgate Road, Witchcliffe

Gazebo 216185

21/04/2016 A8356 271 (Lot 112) Redgate Road, Witchcliffe

Patio 216186

20/04/2016 A15 44 (Lot 568) Turner Street, Augusta Proposed Roof over existing Balcony

216176

20/04/2016 A1848 105 (Lot 14) Turner Street, Augusta Verandah Roof 216177 20/04/2016 A582 2 (Lot 28) Stirling Street, Augusta Balcony Roof 216178 20/04/2016 A12023 4 (Lot 199) Frohawk Loop, Margaret

River Single Dwelling 216179

20/04/2016 A6259 281/299 (Lot 3) Fifty One Road, Cowaramup

Farm Building Addition (Lean-To) 216180

20/04/2016 A11961 6 (Lot 212) Bole Road, Hamelin Grove Estate

Water Tank 216181

20/04/2016 A11736 22 (Lot 577) Morelia Parade, Margaret River

Dwelling 216182

19/04/2016 A10137 14 (Lot 399) Coral Vine Cross, Cowaramup

Single Dwelling 216175

18/04/2016 A11591 53B (Lot 433) Ironstone Place, Margaret River

Dwelling 216173

18/04/2016 A2159 29 (Lot 471) Stewart Street, Margaret River

Demolition Permit – Dwelling and ancillary outbuildings

216174

SUBDIVISIONS DETERMINED Date Rec’d

Officer DA No. Address Description of Matter Recommendation

LEVEL 1 APPLICATIONS for Determination by Director Date Rec’d Officer Address Proposal Outcome DA No. 16/02/2015 Angela

Satre 5962 (lot 15) Caves Road Margaret River (Level 1)

Dwelling Additions (Boundary Fencing)

Cancelled P215066

17/02/2015 Angela Satre

5962 (Strata Lot 14 of Lot 410) Caves Road Margaret River

Boundary Fencing Cancelled P215067

11/02/2016 Johan Pienaar

13 (Lot 27) Duggan Drive, Cowaramup

Outbuilding

Approved P216074

19/02/2016 Matt Slocomb

Lot 182 Treeton Road North Cowaramup

Recreation Private - 25 Functions Per Year

Approved P216099

29/02/2016 Lara Hoole 27 (Lot 710) Burke Circle Cowaramup

Dwelling Additions (Outbuilding)

Approved P216113

14/03/2016 Lucy Gouws

27 (Lot 66) Baudin Drive Gnarabup

Holiday House Approved P216149

18/03/2016 Rachel Moftah

9 (Lot 84) Elizabeth Street Margaret River

Ancillary Dwelling

Approved P216163

22/03/2016 Angela Satre

Unit 2 / 151 (Lot 31) Bussell Highway Margaret River

Restaurant Additions (Enclosing Alfresco Dining Area) ('Katchup')

Approved P216170

29/03/2016 Angela Satre

Reserve 29668 (Lot 315) Hillview Road Augusta

Private Aircraft Hangar (Extension of Term of Planning Approval P213629)

Approved P216180

31/03/2016 Rachel Moftah

172 & 182 (Lot 22) Stevens Road Redgate

Section 40

Approved P216183

01/04/2016 Rachel Moftah

Unit 1 - 54 (Lot 18) Bussell Highway Cowaramup

Veterinary Clinic

Approved P216189

06/04/2016 Rachel Moftah

245 (Lot 13) Manear Road Rosa Brook

Dwelling Additions

Approved P216195

13/04/2016 Rachel Moftah

33 (Lot 191) Hereford Place Margaret River

Change in Use from Ancillary Dwelling to Dwelling Additions

Approved P216206

LEVEL 2 APPLICATIONS for Determination by Director Date Rec’d Officer Address Proposal Outcome of

DAU Meeting DA No.

15/3/2016 Lucy Gouws

23 (lot 375) Percheron Place, Margaret River

Dwelling additions (Outbuilding)

Approve P216154

LOCAL LAW PERMITS Date Rec’d Officer Address Proposal Outcome DA No.

OTHER APPLICATIONS determined under delegation Date Rec’d Officer Address Proposal Outcome DA No.

COMPLIANCE Date Rec’d Officer Address Proposal Outcome DA No. 28/01/2016 Matt

Slocomb 27 (Lot 16) Station Road Margaret River

Unapproved A-Frame Sign

Matter Concluded

P216091

ELECTED MEMBERS ATTENTION Date Rec’d Officer Address Proposal Outcome of

DAU Meeting DA No.

CLOSURE OF MEETING

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning Services Proposed Dwelling Additions (Outbuilding) at 23 (Lot 375) Percheron Place, Margaret River Major (Level 2) P216154; PTY/7555

REPORTING OFFICER : Lucy Gouws DISCLOSURE OF INTEREST : Nil General Information Lot Area 1ha Zone Rural Residential Proposed Development Planning approval is sought for the construction of an outbuilding. The

outbuilding will be located within the building envelope, but proposed the following variations:

- Floor area of 130m², (increase of 50m²) - Wall height of 4m, (increase of 500mm), and - Ridge height of 4.8mm (increase of 300mm).

The outbuilding will be finished in Trimdeck, in the colour of ‘Woodland Grey’.

Permissible Use Class P’ permitted subject to approval Heritage/Aboriginal Sites None. Encumbrance None. Date Received 15/03/2016

Policy Requirements Is the land or proposal referred to in any Council Policy? √ Yes ☐ No If yes, state the Policy/Policies Draft Local Planning Policy 1 – Outbuildings, Farm Buildings & Swimming

Pools All Outbuildings and Farm Buildings that meet the Acceptable Development Criteria are exempt from requiring planning approval:

• A single outbuilding or a total of two outbuildings that collectively is not greater than 80m²,

• Maximum wall height 3.1m, • Maximum ridge height of 4.5m, and • Located with the prescribed building envelope.

Officer Comment

The proposal presents variations to the above requirements of the LPS1, specifically: • 50m² to the floor area, • 500mm variation to the wall height, and • 300mm to the ridge height.

The size of the outbuilding is proposed in order to store of a boat, caravan, car and to allow space for a general workshop area with an automotive hoist for working on vintage cars. The policy provides generic outbuilding standards in terms of floor area and heights. A floor area size of 80m² is applied to all rural residential lots, which when considered in proportion to the size of the lot, it often insufficient. Outbuildings of similar size have been approved on smaller lots. Notwithstanding, each application is determined on its own merits and on site specific circumstances.

The proposed 130m² outbuilding, which is to be located on a 1ha site (equivalent to 10,000m²) is considered to be of appropriate scale for the site, and is considered to be consistent with the purpose of the zone. The outbuilding is located within the approved building envelope, which is appropriately setback from the lot boundaries not to cause adverse amenity impacts as a result of the proposed development. The outbuilding is also appropriately located next to the proposed driveway lading to the dwelling. The concerns raised by the neighbour are addressed later in this report.

Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? √ Yes ☐ No If yes, state the Policy/Policies Amendment 103 to Town Planning Scheme No. 11 Officer Comment

Amendment 103 included a map of the building envelopes for the locality. The envelope for the subject site has been amended twice in the past. The application under assessment reflects the latest approved building envelope.

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

Have agency or authority comments been received? ☐ Yes √ No ☐ N/A

Name Nature of Submission Officer Comment

Nearby land owner

‘Object’ – concern with the increase in area, wall height and ridge height due to the over clearing of the vegetation and concerns of visual outlook.

A site inspection to the property was undertaken on the 12th April 2016 (see images below). The entire building envelope (1512m²) was cleared. Also, a reduction of fuel loads has been undertaken within the surrounding understory vegetation. There was no evidence of clearing beyond the envelope. It is understandable that the clearing that was undertaken can come as a shock to neighboring landowners. As already stated, the clearing that was done is within the approved building envelope area and consistent with contemporary bushfire hazard reduction standards. Trees still remain surrounding the building envelope. The neighbors enjoy extensive outlooks from their property. It is noted that the neighbour has a deck that wraps around the dwelling that offers views to the north and south as well as unobstructed views to the river foreshore to the east. The location of the outbuilding is over 80m away from the neighbours dwelling. This is a significant distance, and its location within the south western corner of the building envelope reduces direct line of sight. The applicant has agreed to the planting of a vegetation screen between the outbuilding and the property boundary to reduce visual impacts. This is considered appropriate to address the neighbours’ concerns.

Image 1:

Image 1: View to the neighbour’s site, to the south-east. Photo shows remaining vegetation within the boundary, and the cleared building envelope. Screening will be added on this boundary to add a visual buffer to the outbuilding.

Image 2:

Image 2: View to neighbours site to the south-west.

Has the application been referred to internal departments? ☐ Yes √ No ☐ N/A

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 13) Are the development Standards applicable? √ Yes ☐ No Officer Comment No detail assessment required as the development is proposed within the approved

building envelope area. Clause 67 A. 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.

B. In the opinion of the officer: i. Are utility services available and

adequate for the development? Yes onsite systems are to be provided.

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

Yes – the site is heavily vegetated. Some clearing of the site has been undertaken however the position of the approved envelope is generally consistent with the existing clearing on site.

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?

BAL is not required for an outbuilding. Previous BAL assessment for the dwelling shows a BAL 19 can be achieved.

Other Comments Any further comments in relation to the application? Officer Comment

Whilst the proposal includes variations to the acceptable development standards under the draft Outbuildings Policy (LPP1) it is concluded that the relevant performance criteria are met. The proposed outbuilding is supported and is recommended for conditional approval.

OFFICER RECOMMENDATION That the Statutory Planning Coordinator GRANTS Planning Consent under Delegated Authority Instrument No. 15 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Dwelling Additions (Outbuilding) at (Lot 375) Percheron Place, 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 – P6 received on the 15 March 2016 and P7 & P8 received on the March 2016.

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. (P)

3. The walls and roof of the outbuilding and other structures on site 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 (including but not limited to 'silver' sheeting) or reflective colours as cladding/external painting (including but not limited to white, cream, off white or pale grey) are prohibited. (P)

4. The outbuilding shall not be used for human habitation. (H)

5. The outbuilding shall be used solely for the purposes incidental and ancillary to the authorised use of the

land. (P)

6. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or disposed offsite by an approved connection to the Shire's drainage system. (I)

7. Landscaping as shown on the plan P1 shall be implemented prior to occupation of the development and

shall be maintained 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 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.