Proposed Local Development Plan - Stage 2 Ariella Private ...€¦ · DAP 297 - this Local Development Plan was approved for Stage 1 of the "Ariella" estate directly to the west of

Ordinary Meeting of Council 10 February 2016

13.5 PROPOSED LOCAL DEVELOPMENT PLAN - STAGE 2 ARIELLA PRIVATE ESTATE - LOT 9000 WOOLLCOTT AVENUE, BRABHAM (DAP309)

Ward: (Altone Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr McDonnell left the Chamber at 7.40pm.

KEY ISSUES

• The application is for a Local Development Plan (LDP) for Stage 2 of the "Ariella" housing estate within Brabham, which comprises 93 medium density residential lots approved for subdivision. The proposed LDP area is zoned Special Use Zone 10 (Albion) in the City's Local Planning Scheme No.17 (LPS17) and is subject to Brabham Local Structure Plan 1B (SP17-034).

• Consideration of the matter was deferred at the Ordinary Meeting of Council on 20 January 2016 in order to facilitate a briefing session of Council by the proponents. The briefing session occurred on the 8 February 2016.

• The LDP has been prepared to satisfy the requirements of Condition 30 of subdivision approval WAPC 150306 for the subject land, which requires the preparation of a LDP to address specific design standards for laneway lots. The LDP also contains the acceptable residential development standards ("R-MD standards") as set out in the Western Australian Planning Commission's (WAPC) Planning Bulletin 112/2015 (PB 112/2015) - Medium-density Single House Development Standards - Structure Plan Areas, which will serve to replace the development standards of the R-Codes for all residential lots within the subject LDP area.

• The LDP was advertised in a local newspaper, and it was published on the City's website for a period of 14 days in accordance with clause 50(2) of Part 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations). No submissions on the proposed LDP were received.

• City staff consider the inclusion of the R-MD standards in the proposed LDP to be acceptable as it is expected that this method will be sufficient to enable the consistent application of the R-MD standards over the entire Brabham Local Structure Plan 1B (LSP 1B) area in accordance with the guiding principles of Planning Bulletin 112/2015, in a form that is consistent with the Regulations and that can be properly implemented as part of the ongoing building approval process.

• City staff consider that the proposed LDP is consistent with the intention and purpose of a local development plan to set out specific and detailed guidance for a future development, including development standards that are to apply to the development, and that all proposed provisions are in the interest of proper and orderly planning as per the applicable definition in the Regulations.

It is recommended that the Council approve the Local Development Plan for Stage 2 of "Ariella Private Estate" on Lot 9000 Woollcott Avenue, Brabham.

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AUTHORITY/DISCRETION

Council has authority to determine a local development plan in accordance with clause 52(2) of Part 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. If the applicant is aggrieved with the decision of Council, a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Taylor Burrell Barnett Town Planning and Design Owner: Eucalypt Property Pty Ltd (Directors: Robert Stanley

Brown, William George Hames, Ronald Packer, Paul Stephen Sadleir)

Zoning: LPS17 - Special Use Zone 10 (Albion) MRS - Urban Strategy/Policy: State Planning Policy 3.1 - Residential Design Codes Development Scheme: Planning and Development (Local Planning Schemes)

Regulations 2015 Existing Land Use: Subdivision Approval - medium density residential Lot Area: N/A Use Class: N/A

DETAILS OF THE PROPOSAL

The proposed Local Development Plan (LDP) relates to Stage 2 of the "Ariella" housing estate within the Brabham Local Structure Plan 1B (SP17-034) area. The LDP has been prepared to satisfy the requirements of Condition 30 of subdivision approval WAPC 150306 for the subject land, which requires the preparation of the plan to address dwelling orientation and the location of vehicle parking and access for laneway lots.

The LDP also seeks to introduce acceptable residential development standards ("R-MD standards") as set out in the WAPC's Planning Bulletin 112/2015 - Medium-density Single House Development Standards - Structure Plan Areas, which will serve to replace the development standards of the R-Codes for all residential lots within the subject LDP area.

DESCRIPTION OF SITE

The subject land is zoned 'Special Use Zone 10 (Albion)' in the City's LPS17 and is subject to the WAPC endorsed Brabham Local Structure Plan 1B.

The LDP applies to the whole of Stage 2 of the "Ariella" housing estate in Brabham, which comprises 93 medium density residential lots approved for subdivision.

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SITE HISTORY/PREVIOUS APPROVALS

WAPC 150306 - subdivision approval WAPC 150306 applies to the land and includes Condition 30, which requires the preparation of a Local Development Plan(s) to address specific development standards for laneway lots and lots subject to a designated bushfire prone area.

DAP 297 - this Local Development Plan was approved for Stage 1 of the "Ariella" estate directly to the west of the subject LDP area. The provisions of the proposed LDP are entirely consistent with the approved DAP 297.

PUBLIC CONSULTATION

The LDP was advertised in a local newspaper, and it was published on the City's website for a period of 14 days in accordance with clause 50(2) of Part 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. No submissions on the proposed LDP were received.

DETAILS

The proposed LDP has been prepared in response to Condition 30 of subdivision approval WAPC 150306, which requires the preparation of a LDP to address specific development requirements for constrained laneway lots as well as other matters not applicable to the subject LDP.

The applicant has expanded on the requirements of Condition 30 in preparing the LDP by including the acceptable residential development standards (R-MD standards) set out in the WAPC Planning Bulletin 112/2015 (PB 112/2015) to replace the development standards of the R-Codes for all residential lots within Stage 2 of the subdivision.

City staff consider that the inclusion of the R-MD standards in the proposed LDP is consistent with the intention and purpose of a local development plan to set out specific and detailed guidance for a future development, including development standards that are to apply to the development, as per the applicable definition in the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations). The proposed LDP is considered to be acceptable to facilitate proper and orderly planning outcomes for the future development of the LDP area as discussed below.

Planning Bulletin 112/2015 - Medium-density Single House Development Standards

It is noted that PB 112/2015 recommends that the R-MD standards are implemented through incorporation into a local structure plan or local planning policy, rather than through other planning instruments such as a LDP. City staff understand the reason for this is because the recommended instruments are considered to be the most appropriate to ensure consistency in the application of the standards across structure planning areas.

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City staff consider the inclusion of the R-MD standards in the proposed LDP to be acceptable in this instance as it is expected that this method will be sufficient to enable the consistent application of the R-MD standards over the entire Brabham Local Structure Plan 1B (LSP 1B) area as per the guiding principles of PB 112/2015. This is because a LDP will be required to be prepared at each of the planned subdivision stages of the "Ariella" estate due to the inherent requirements of Condition 30 of WAPC 150306, which applies to the entire LSP 1B area, and this provides a mechanism for the R-MD standards to be applied consistently across the entire housing development in a form that is consistent with the Regulations and that can be properly implemented as part of the ongoing building approval process.

The applicable R-MD standards as set out in PB 112/2015 have been included in the LDP wholly and without further modification, however minor changes to the wording of the R-MD standards have been incorporated into the provisions of the LDP following consultation with the City's Building staff, who noted that some of the terminology used in the WAPC's PB 112/2015 is unclear and imprecise for implementation purposes. The changed wording of the R-MD standards in the LDP does not materially alter the requirements of the development standards as intended by PB 112/2015.

Other Provisions

Other provisions of the LDP address matters relating to development orientation and the location of vehicle parking and access for laneway lots to satisfy condition 30 of WAPC 150306, as well as provisions relating to servicing requirements (bin collection pads) for laneway lots, fencing maintenance requirements for street surveillance, and vehicle access and parking restrictions for select constrained residential lots where this is deemed necessary in the interest of proper and orderly planning.

Carports

Point 5.2 in the textual provisions of the proposed LDP states that carports will not be permitted for any lot other than for a laneway lot, in which case the "carport" may be permitted to have a solid door.

City staff note that deemed-to-comply requirement 5.2.1 C1.2 of the R-Codes permits a carport to be setback from the primary street boundary as if it were a building, and that the WAPC's R-MD provisions contained within the LDP reduce the minimum primary street setback for buildings at the applicable R30 density code from 4m to 2m. City staff consider that a carport setback 2m from the street boundary would not be able to accommodate additional tandem vehicle parking on the lot for visitors and the like without encroaching on the verge and footpath within the road reserve. It is considered that such a design outcome has the potential to detract from the streetscape in variation to the design principles of the R-Codes.

In relation to the second part of this provision, it is noted that the definition of "carport" in the R-Codes extends only to parking structures that are either unenclosed or comprise a visually permeable door. City staff consider that a solid door for a carport on a laneway lot can be accepted on the basis that the solid carport door will be located at the rear access to the laneway lot so as not to detract from the appearance of the dwelling as viewed from the street nor to obstruct views and surveillance between the street and the major (front) entry to the dwelling.

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This and all other provisions contained within the proposed LDP, including the application of the R-MD standards, are consistent with those of the approved DAP 297 applicable to Stage 1 of the "Ariella" subdivision, and are considered to be appropriate and necessary in the interest of proper and orderly planning for the future development of the subject LDP area.

In accordance with the Regulations, City staff will have due regard to - but will not be bound by - the provisions of the LDP when deciding on an application for development approval within the subject LDP area.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the Local Development Plan for Stage 2 of "Ariella Private Estate" on Lot 9000 Woollcott Avenue, Brabham.

Implications: The City may issue clearance of the WAPC subdivision condition and the Local Development Plan will have effect and will be considered by City staff when deciding on an application for development approval for land within the subject LDP area.

This is the recommended option.

Option 2: Council may resolve to refuse to approve the Local Development Plan for Stage 2 of "Ariella Private Estate" on Lot 9000 Woollcott Avenue, Brabham, finding the provisions proposed does not adequately address the intent of the relevant condition of subdivision.

Implications: The landowner will not be able to obtain clearance of the relevant condition of subdivision approval. The applicant will have a right to a review of the decision by the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application is for a Local Development Plan (LDP) for Stage 2 of the "Ariella" housing estate within Brabham, which comprises 93 medium density residential lots approved for subdivision. The proposed LDP area is zoned Special Use Zone 10 (Albion) in the Scheme and is subject to Brabham Local Structure Plan 1B (SP17-034).

The LDP has been prepared to satisfy the requirements of condition 30 of subdivision approval WAPC 150306 for the subject land, which requires the preparation of a LDP to address specific design standards for laneway lots. The LDP also contains the acceptable residential development standards ("R-MD standards") as set out in the WAPC's Planning Bulletin 112/2015 - Medium-density Single House Development Standards - Structure Plan Areas, which will serve to replace the development standards of the R-Codes for all residential lots within the subject LDP area.

The LDP was advertised in a local newspaper, and it was published on the City's website for a period of 14 days in accordance with clause 50(2) of Part 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations). No submissions on the proposed LDP were received.

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City staff consider the inclusion of the R-MD standards in the proposed LDP to be acceptable as it is expected that this method will be sufficient to enable the consistent application of the R-MD standards over the entire Brabham Local Structure Plan 1B (LSP 1B) area in accordance with the guiding principles of Planning Bulletin 112/2015, and in a form that is consistent with the Regulations and that can be properly implemented as part of the ongoing building approval process.

City staff consider that the proposed LDP is consistent with the intention and purpose of a local development plan to set out specific and detailed guidance for a future development, including development standards that are to apply to the development, and that all proposed provisions are in the interest of proper and orderly planning as per the applicable definition in the Regulations.

ATTACHMENTS

Local Development Plan

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development (Local Planning Schemes) Regulations 2015

State Planning Policy 3.1 - Residential Design Codes of WA

WAPC Planning Bulletin 112/2015

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

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RECOMMENDATION

That the Council resolve to:

1) Approve the Local Development Plan for Stage 2 of "Ariella Private Estate" on Lot 9000 Woollcott Avenue, Brabham.

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

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Färdig - Cr Lucas)

RESOLVED UNANIMOUSLY TO:

1) Approve the Local Development Plan for Stage 2 of "Ariella Private Estate" on Lot 9000 Woollcott Avenue, Brabham.

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

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Documents

Proposed Local Development Plan - Stage 2 Ariella Private ...€¦ · DAP 297 - this Local Development Plan was approved for Stage 1 of the "Ariella" estate directly to the west of