DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 2 March 2021

ATTENDANCE Angela Satre, Jason Heine, Brad Roberts, Don Bothwell, Lara Hoole, Chris

Wenman PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

2/03/2021 A4367 27-33 (Lot 295) Tunbridge Street, Margaret River

Alterations & Additions to Resource Centre

P221146

BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d Assess No.

Address Proposal BLDG No.

03/03/2021 A10406 6 (Lot 416) Zamia Place, Margaret River

Single Dwelling 221103

25/02/2021 A5831 A754

Lot 2461 Cusack Road, Nillup Rainwater Tank 221135

25/02/2021 A2773 449 (Lot 2774) Warner Glen Road, Warner Glen

Shed 221136

25/02/2021 A9096 17 (Lot 2) Friesian Street, Cowaramup

Occupancy Permit - Commercial Workshops

221137

26/02/2021 A11532 A11233

Lot 9504 Waverley Road, Cowaramup

Retaining Wall and Fences 221138

02/03/2021 A265 22 (Lot 56) Elva Street, Margaret River

Patio 221139

02/03/2021 A8279 20 (Lot 531) Riverslea Drive, Margaret River

Single Dwelling 221140

02/03/2021 A9864 16 (Lot 366) Georgiana Cross, Cowaramup

Unauthorised Works - Shed 221141

02/03/2021 A13158 60 Kulbardi Way, Witchcliffe Two Storey Dwelling 221142

02/03/2021 A10639 171 (Lot 1) Blackwood Avenue, Augusta

Single Dwelling 221143

02/03/2021 A10064 31 (Lot 471) Chenin Street, Cowaramup

Additions to Existing Dwelling 221144

SUBDIVISIONS DETERMINED Nil LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d Officer Address Proposal Outcome DA No.

28/01/2021 Angela Satre

40 (Lot 21) Formosa Street, Margaret River

Holiday House (Renewal) Approved P221070

05/02/2021 Angela Satre

27 (Lot 73) Bovell Avenue, Margaret River

Bed & Breakfast Approved P221091

24/02/2021 Angela Satre

15 (Lot 13) Timor Place, Margaret River

Holiday House (Cancellation)

Approved P221144

LEVEL 2 APPLICATIONS for determination

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

8/12/2020 Lara Hoole

4 (Lot 47) Cassia Way, Margaret River

Dwelling Additions (Outbuilding/Garage)

Conditional approval

P220798

22/02/21 Don Bothwell

72 (Lot 211) Wooditch Road, Margaret River

Holiday House Referred to Council for Determination

P220828

21/12/20 Don Bothwell

17 & 19 (Lots 5 & 6) Ellis Street, Augusta

Grouped Dwellings x 7 Conditional approval

P220830

MANAGEMENT OF VEGETATION ON SHIRE RESERVES Nil LOCAL LAW PERMITS

Nil OTHER APPLICATIONS determined under delegation Nil ELECTED MEMBERS ATTENTION Nil

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services

Proposed Dwelling Additions (Detached Garage): 4 (Lot 47) Cassia Way, Margaret River

Major (Level 2) P220798; PTY/12277

REPORTING OFFICER : Lara Hoole DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 480m²

Zone Residential (R20)

Proposed Development Detached Garage:

• 6m x 7m (42m²);

• Height

• Designed and finished in colour/materials to match the existing dwelling.

Permissible Use Class ‘P’ (permitted)

Heritage/Aboriginal Sites N/A

Encumbrance • Sewer easement (0.5m along the northern side boundary);

• Restrictive covenant benefit/burden (developers design standards); and

• Notifications x 2 (fire management plan and known mosquito breeding area).

Proposed development is clear of the sewer easement.

Date Received 08/12/2021

Aerial Extracts

Location

Plan

Policy Requirements

Is the land or proposal referred to in any Council Policy? √ Yes ☐ No

If yes, state the Policy/Policies Local Planning Scheme No. 1 – Outbuildings, Farm Buildings and Swimming Pools

(LPP1)

Officer Comment

The following variations are proposed:

• Wall height 3.5m, a variation to the 3.1m maximum wall height standard of residential outbuilding standard of the policy; and

• Outbuildings located behind the front of an existing dwelling.

The outbuilding is assessed against the Performance Criteria of the LPP1.

PC1.1 Outbuildings that are/can be adequately screened from view, or otherwise an appropriate

form and scale, and in an appropriate location, consistent with the visual management guidelines

of the Local Planning Strategy.

The proposed outbuilding (garage) is located beside the approved dwelling. The outbuilding is

designed to match the dwelling. The building is to be constructed in the same materials as the

dwelling. The dwelling has a skillion roof with the highest side (4.6m) pointing inwards of the lot

facing the proposed the garage.

The area is located in General Visual Management Area ‘C’. Developments and changes of use

may be visually dominate, however, should borrow from the naturally established form, line,

colour and texture to be compatible with the existing landscape.

The proposed garage is of appropriate form, scale, in an appropriate location and consistent with

the visual management guidelines of Local Planning Strategy.

PC1.2 Outbuildings constructed of colours and materials that complement the landscape and/or

the amenity of the surrounding area.

The outbuildings are to be finished materials to match the approved dwelling currently under

construction.

PC1.3 Outbuildings that will not have an adverse impact to or detract from the streetscape or

amenity of neighbouring properties.

The Site

The outbuilding is designed as part of the dwelling and is typical of the local character of

residential dwellings, which is single storey residential dwellings with double garage. Residential

Design Codes ‘R20’ RCode provides an acceptable standard that a section of a dwelling of a

wall not longer than 9m up to 3.5m height may have a zero setback against one side boundary.

Typically lots in R20 coded areas have garages with nil side boundary setback to one side. The

outbuilding is proposed to be setback 1.2m from the northern side boundary, with a wall height

of up to 3.5m. The outbuilding will compliment the dwelling and provide a positive contribution to

the streetscape.

The outbuilding will not have an adverse impact to or detract from the streetscape or amenity of

neighbouring properties.

Structure Plans and Local Development Plans (LDP’s)

Is the land in any Structure Plan Area or subject to a LDP? √ Yes ☐ No

If yes, state the Policy/Policies ‘Outline Development Plan for Sussex Locations 2141, 2142, Lots 81 & 1002

Willmott Avenue and Forrest Road, Margaret River’

Officer Comment

No special provisions.

Development History

Planning Approval

Nil.

Building Permit Approval

BLD/220567 Single Dwelling issued 02/12/2020

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: 2

Details of Submission Officer Comment

Private Submission

• Support - No issues.

Noted.

Private Submission

• Objection;

• The 3.1m maximum wall height standard of the Local Planning Policy 1 – Outbuilding, Farm Buildings and Swimming Pool (LPP1) is already very high height of a building with such proximity of 1.2m to the northern side boundary.

• The standard height is acceptable, however any higher will create a very enclosed space for our backyard.

The proposed outbuilding (garage) proposes a 400mm

variation to the 3.1m maximum height standard. The

proposed garage has a flat roof 3.6m mitigating building bulk

impacts on neighbouring properties and well under the 4.2m

maximum acceptable height standard for an outbuilding of

the Residential Design Codes.

The outbuilding is setback 1.2m from the northern side

boundary, of which is the southern rear boundary of the

adjoining lot. The outbuilding will not cause any

overshadowing on neighbouring lots.

The adjoining lot to the north slopes from north to south with

a fall of approximately 1.6m. The subject site further slopes

to the south by 750mm. The outbuilding is located down hill

of the lot to the north.

The neighbours main outdoor living area and living rooms

are located on the other side of the dwelling and will not be

impacted by the proposed outbuilding.

Alternatively, the garage could be connected to the dwelling,

allowing a wall (assessed as a portion of dwelling) of up to

5.5m high without requiring a planning approval.

The variation is considered minor. The proposed outbuilding

garage will not cause detrimental impacts to the

neighbouring property.

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

Design Element Policy / R Codes Provided Officer comment

Use Non-habitable/detached

from dwelling

Garage and does not share

a common wall with the

dwelling

Complies

Maximum Floor Area 60m² 42m² Complies

Maximum Ridge Height 4.2m 3.6m Complies

Maximum Wall Height LPS1: 3.1m 3.5m Variation

Front Setback 6m 6.01m Complies

Sides Setback 1m 1.2m Complies

Rear Setback 1m 17m Complies

Secondary Street Setback N/A N/A N/A

Garage/Carport Setback 4.5m 6.01m Complies

Driveway Width 3m to 6m 5m Complies

Garage Width < 50% 36% Complies

Outdoor Living Area 30m² 91m² Complies

Open Space Requirement 50% 60% Complies

Upgrade Landscaping ☐ Required √ Not Required

Overlooking ☐ Yes √ No

Street surveillance ☐ Yes ☐ No √ N/A

Street Walls and Fences ☐ Yes √ No

Overshadowing ☐ Yes √ No

Other Variations ☐ Yes √ No

Officer’s Comments against

performance criteria

The development generally meets the ‘deemed to comply’ standards of the RCodes

except for 3.5m wall height, a variation to the 3.1m standard of the LPP1. The property is

downhill from the neighbouring property to the north and has an side boundary setback

more than the acceptable 1m standard. The garage has been designed to match the

dwelling and is to be finished in the same materials as the dwelling. The proposed garage

will compliment the dwelling and provide a positive contribution to the streetscape.

The outbuilding will not detract from the streetscape or the visual amenity or residents or

neighbouring properties meeting the ‘design principles’ of the RCodes.

Development Standards (Schedule 9)

Are the development Standards applicable? ☐ Yes √ No

Car Parking

LPS1 / R Codes Requirement Car Bays Required - 2 Car Bays Proposed -2

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply

Turning Bay/Circles and vehicle

manoeuvring √ Complies ☐ Doesn’t Comply

Disabled Bays Disabled Bays – N/A ☐ Complies ☐ Doesn’t Comply

Building Height

Scheme / Policy Requirement Wall -7 m Roof - 8m

State the proposed building height Wall – 3.5m

Roof - 3.6 m √ Complies ☐ Doesn’t Comply

Clause 67

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.

In the opinion of the officer

i. Are utility services available and adequate for the development?

Yes.

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

N/A

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?

Yes. Minor Development with BAL – 12.5 acceptable BAL rating.

Officer Comment Recommend conditional approval,

OFFICER RECOMMENDATION That the Statutory Planning Coordinator GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Dwelling Additions (Outbuilding – Garage) at 4 (Lot 47) Cassia Way, 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 - P2 received at the Shire on 8 December 2020. P3 – P4 received at the Shire on 15 February 2021.

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.

3. At all times, all stormwater and drainage run-off from the development shall be detained within the lot boundaries and

managed to predevelopment flow regimes and/or disposed offsite by an approved connection to the Shire’s drainage

system in accordance with the Shire of Augusta Margaret River’s Standards & Specifications.

4. The dwelling additions (outbuilding-garage) shall be in the same materials, colour and design as the dwelling. 5. The outbuilding(s) shall be used solely for purposes incidental and ancillary to the authorised use of the land. 6. The outbuilding shall not be used for human habitation. 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 (Miscellaneous Provisions) 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.

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services

Proposed Grouped Dwellings x 7 17 & 19 (Lot 5 & 6) Ellis Street, Augusta

Major (Level 2) P220830; PTY/3522 PTY/3506 REPORTING OFFICER : Don Bothwell DISCLOSURE OF INTEREST : Nil

General Information

Lot Area 2186m2 (Lot 5 - 1093m2 + Lot 6 - 1093m2)

Zone Town Centre

Proposed Development The application proposes seven (7) grouped dwellings consisting of five (5) two-storey dwellings and two (2) single-storey dwellings

Permissible Use Class ‘D’ – Discretionary

Heritage/Aboriginal Sites Nil.

Encumbrance Nil.

Date Received 21/12/2020

Policy Requirements

Is the land or proposal referred to in any Council Policy? √ Yes ☐ No

If yes, state the Policy/Policies • CCSP15 Public Art Policy

• Augusta Town Site Strategy 2008

Officer Comment

As the proposed development meets the threshold for public art policy (estimated cost of development exceeding $1,000,000) this was identified to the applicant at the assessment stage and a condition addressing the requirements relating to the policy will be applied to the development approval.

The lots are subject to the Augusta Town Site Strategy 2008 which was prepared to guide future development with the Town Centre located in precinct 3 which aims to facilitate a functional, accessible and vibrant concentration of tourist, retail, commercial and residential land uses. The proposal shows a pedestrian access to an existing ramp to the shopping centre to the south which meets the objectives of permeability within the Town Site Strategy. It is considered that the proposal is generally consistent with the objectives of the town site strategy for Augusta.

Structure Plans and Local Development Plans (LDP’s)

Is the land in any Structure Plan Area or subject to a LDP? ☐ Yes √ No

Planning History

Submitted to the Western Australian Planning Commission (WAPC) in conjunction with the subject development application was the corresponding subdivision application for 7 new lots and a common property survey strata driveway (WAPC Ref: 1917-20; LG Ref: P221005). The subdivision application was subsequently referred to the Shire for comment. The Shire has provided its comments and several recommended conditions relevant and applicable to the subdivision. The WAPC has been in contact with the Shire in relation the comments provided by the Shire and has advised that approval of the subdivision is in process.

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

Details of Submission Officer Comment

• Concern over loss of views from my eastern facing window.

• Concern over reduction in light levels from the development.

• Possible deprivation of peace, light and space to be replaced by high density living.

• Significant increases in noise pollution, serious privacy issued and complicated vehicle movement.

The proposed dwellings are under 8m from natural ground level, the overall building height requirement under Clause 5.13 of the Shire’s Local Planning Scheme No. 1 (LPS1). The proposed development meets the deemed-to-comply provisions of Clause 5.4.2 Solar access for adjoining sites of the Residential Design Codes (R-Codes) which allows shadow to be cast on 50% of the adjoining site area at midday, 21 June. Due to the primarily north-south orientation of the subject lot, the majority of the shadow cast will occur to the commercial lot to the south. The subject lot is located within a Town Centre zone, with residential development within the Town Centre zone is required to comply with the Residential R60 standards as per Clause 4.23.3 of the R-Codes. The lot density proposed complies with the R60 standard of the R-Codes with the density of the development proposed consistent with the density contemplated within the Town Centre of Augusta. In relation to noise, the development will be required to comply with the noise pollution provisions of the Environmental Protection Act 1986, and more particularly with the requirements of the Environmental Protection (Noise) Regulations 1997 (Regulations). The installation of equipment within the development such as air-conditioners and similar equipment will be required not to result in noise emissions to neighbouring properties exceeding those imposed by the Regulations. In relation to privacy, it is to be noted that there is no privacy variations proposed on the western elevation to the western side boundary with no major openings proposed to the respective two-storey dwellings on the western elevation. In relation to vehicle movement, it is not considered that the development will have an undue impact on the amenity of the immediate locality or surrounding road network in relation to traffic or vehicle movement noting the accessway will be located centrally within the site.

Internal Department Comments Officer Comments

Comments Technical Services Current DA for Lot 15 Allnut Terrace Augusta is proposed to be serviced by an easement through Lot 5 and 6 Ellis Street to allow for Lot 15 to connect to the drainage and sewer infrastructure that is located within the Ellis Street road reserve. An easement is required to be provided within lot 5 and 6 to the benefit of lot 15 to allow for the development to go ahead, the easement is not required to

Noted. The easement for drainage is not required and has been elected by the proponent. A condition requiring the easement is not recommended and is a civil matter in this case.

be in favour of the Shire as it will be private infrastructure and not a Shire responsibility. Prior to lodging a building permit application, a detailed

Vehicle Parking Construction Engineering Plan shall be

prepared to the satisfaction of the Shire and submitted to

the Shire showing construction details including pavement

levels, thickness, cross fall, lighting proposal and drainage

disposal method. The Shire’s written acceptance of the

Vehicle Parking Engineering Plans must be provided with

the building permit application.

Prior to occupation of the development a 3m drainage

easement shall be provided to the benefit of 29 (Lot 50)

Allnut Terrace.

Prior to lodging a building permit application, a detailed

Stormwater Management Engineering Plan shall be

prepared to the satisfaction of the Shire and submitted to

the Shire showing drainage details, storage capacity, lid

levels, drainage pipe inverts, sump connections details,

slow release, offsite infrastructure connection details. The

Shire’s written acceptance of the Stormwater Management

Plan must be provided with the building permit application.

Prior to practical completion of the development, stormwater management systems on the subject site shall be constructed in accordance with the accepted Stormwater Management Engineering Plan and shall thereafter be maintained.

Noted. Condition and advice note applied.

Noted. Condition applied. Noted. Condition and advice note applied. Noted. Condition applied.

Assessment of Application

Is the land referred in the Heritage Inventory? ☐ Yes √ No

Are there any Contributions applicable? Developer Contributions condition to be applied to subject development application as well as the corresponding survey strata subdivision referral (P221005)

√ Yes ☐ No

Are there any compliance issues in relation to existing development? ☐ Yes √ No

R Codes

Are R Codes applicable? √ Yes ☐ No

As per Clause 4.23.3 residential uses can be incorporated into developments in a Town Centre zone to a maximum of Residential R60.

Design Element Policy / R Codes Provided Officer comment

Site Area Minimum Average

120m2 150m2

233m2 – 288m2 255.28m2

Complies Complies

Street setback Schedule 9 – Development Standards of LPS1 allows for nil side setbacks. (Residential R60 requirement 2m from street) 2.5m setback required from respective dwellings to the common property driveway (Communal Street).

Unit 7 - 2.863m Unit 5 – 6.773m As above. 2.230m from unit 2 to communal street 0.727m from unit 3 to communal street 1.980m from unit 5 to communal street 1.472m from unit 6 to communal street

Complies. Complies. See design principles assessment below clause 5.1.2

Lot Boundary Setbacks Schedule 9 – Development Standards of LPS1 allows for nil side setbacks.

Nil - 1.5m setbacks proposed to eastern boundary. Nil – 3.0m setback proposed to the rear (south) boundary.

Complies.

Nil – 3.5m setback proposed to the western boundary.

Garage/Carport Setback 4.5m Single garage to unit 6 setback 6.650m from front lot boundary

Satisfies deemed-to-comply provision

Driveway Width 9m width in aggregate permitted

One new 5.5m wide driveway/crossover proposed to the CP driveway and an existing single driveway/ crossover with a width of 3m providing vehicular access to unit 6

Proposed aggregate combined width for both driveways (existing and proposed) is a total of 8.5m which meets the relevant deemed-to-comply provisions

Garage Width No more than 50% of the frontage

Single garage to unit 6 the only garage fronting the street and is well under 50% of the frontage

Complies

Outdoor Living Area 16m² with a minimum dimension of 4m, directly accessible from a habitable room, behind the street setback area with a maximum of 2/3 without permanent roof cover

OLA to unit 1 located in front setback area, minimum dimension of OLA to unit 5 – 3.0m, unit 6 – 3.5m, unit 2 – 3.0m, unit 3 – 3.5m

See design principles assessment below clause 5.3.1

Open Space Requirement 40% Minimum of 40% achieved for all units

Satisfies the relevant acceptable development criteria.

Upgrade Landscaping ☐ Required √ Not Required

Overlooking √ Yes ☐ No

The following privacy setback variations are proposed:

• 1.5m in-lieu of the required 6.0m from the upper storey balcony of unit 1 on the east elevation to the eastern side boundary;

• 1.0m in-lieu of the required 3.0 from the window to bedroom 1 of unit 3 on the east elevation to the eastern side boundary;

• 1.0m in-lieu of the required 3.0m from the window to bedroom 3 of unit 3 on the east elevation to the eastern side boundary;

• 5.6m in-lieu of the required 6.0m from the deck to unit 3 on the east elevation to the eastern side boundary;

• 1.7m in-lieu of the required 6.0m from the deck to unit 3 on the south elevation to the southern (rear) boundary.

The privacy setback variations occur on the eastern elevation to the eastern lot which is a Telstra telecommunications tower and on the southern elevation to the southern lot boundary which is the IGA supermarket. The privacy setback variations have been advertised to these adjoining lots with no submissions received from these respective landowners. Although these adjoining properties are not occupied by residential development, the privacy variations are applicable as the adjoining sites are zoned to allow for residential development in the future. It is the Shire’s practice to apply a condition for privacy screens to be shown on the building permit plans. In the event that the land is re-developed to residential in the future (which would appear unlikely, particularly for the Telecommunications Tower) and the new residential landowners were aggrieved by the overlooking, then screening devices would be required. This has been discussed with the applicant who is agreeable to this approach by the Shire.

Street surveillance √ Yes ☐ No

Street Walls and Fences ☐ Yes √ No

Overshadowing ☐ Yes √ No

Other Variations √ Yes ☐ No

Retaining/fill of up to a height of 1.1m proposed up the eastern and southern boundaries in-lieu of 0.5m. See design principles assessment below at clause 5.3.7

Officer’s Comments against performance criteria

Clause 5.1.2 Street setback Units 2, 3, 4 and 5 have reduced setbacks less than the required 2.5m to the common property driveway (communal street) presenting variations to the relevant deemed-to-comply provisions. The reduce setbacks are considered to satisfy the relevant design principles for the following reasons:

• the respective dwellings sufficiently address the common property driveway and are considered to contribute to, and are consistent with, an established streetscape;

• the proposed setbacks to the communal street provide adequate privacy and open space for the respective dwellings;

• the proposed setbacks to the common property driveway allow for site planning requirements such as parking, landscaping and utilities to be accommodated within the proposed lots;

• the proposed setbacks allow safety clearances for easements for essential service corridors located within the common property driveway.

Clause 5.3.1 Outdoor living areas Unit 7 has its outdoor living area within the street setback area and the outdoor living areas to units 2, 3, 5 and 6 have outdoor living areas less than the minimum dimension of 4.0m. The variations to the deemed-to-comply provisions are considered to satisfy the relevant design principles for the following reasons:

• the outdoor living areas are capable of use in conjunction with living rooms of the respective dwellings;

• the respective outdoor living areas are open to winter sun and ventilation; and

• the outdoor living area to unit 7 located in the street setback area optimises use of the northern aspect of the site.

Clauses 5.3.7 Site works and 5.3.8 Retaining walls Retaining/fill of up to 1.1m is proposed on the eastern and southern boundaries in-lieu of 0.5m is considered to satisfy the relevant design principles for the following reasons:

• the development considers and responds to the natural features of the site and requires minimal fill resulting in fill only being required on the eastern and southern boundaries and has been tiered to respond to the natural ground level;

• where the fill is necessary on the site, the proposed levels respect the natural ground level at the respective lot boundaries and as views from the street; and

• the retaining walls proposed result in land which can be effectively used for the benefit of the residents of the respective dwellings and do not detrimentally affect adjoining properties.

Development Standards (Schedule 9)

Are the development Standards applicable? √ Yes √ No

Officer Comment The development satisfies the relevant provisions of Schedule 9 applicable to the Town Centre zone.

Car Parking

LPS1 / R Codes Requirement

Car Bays Required – 2 car bays provided for each dwelling

Car Bays Proposed - 2 car bays provided for each unit either in a double garage or in a single garage with an additional space in tandem in front of the garage. One visitor car bay provided on-site as required for a development of seven grouped dwellings.

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply

Turning Bay/Circles and vehicle manoeuvring

√ Complies ☐ Doesn’t Comply

Building Height

Scheme / Policy Requirement Wall – 7.0m Roof – 8.0m

State the proposed building height Wall – 7.140m Roof – 7.340m

√ Complies ☐ Doesn’t Comply

Officer Comment

Maximum wall height of 7.140m proposed to the top of walls (wall-plate height) from natural ground level on the eastern elevation. The variation to the wall-plate height is considered minor and only occurs on the eastern elevation when measures from the bottom of the proposed retaining/fill proposed up to the eastern boundary. The minor wall height variation is not considered to have an undue impact on the streetscape or adjoining properties in terms of building bulk, access to direct sunlight, ventilation or privacy. Maximum height to the top of the pitch of the skillion roof is 7.340m on the eastern elevation with the overall height of the development well under the allowable 8.0m.

Clause 67

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. Clause 4.23 of LPS1 relating to development in the Town Centre zone requires that residential development shall comply with the mixed-use provisions of the R-Codes except that the R60 Codes apply. The interpretation of this wording and whether a mixed-use component is in fact required for development within the Town Centre of Augusta is slightly ambiguous. It is evident from the plan of subdivision and corresponding development application does not propose a mixed-use component and is residential grouped dwellings developed to the R60. The Shire has advised to the landowner/developer that the Scheme was specifically amended to remove the provision requiring residential development in the Town Centre Zone in Augusta to be a component of a mixed-use development, with that provision now only applying to the Town Centre zone in Margaret River. It was further advised that this was intentionally done for Augusta as the extent of the Town Centre zone was excessive and there was little demand for commercial development, making the need for some flexibility to consider stand-alone residential development in that zone an option.

Based on this advice, it is considered acceptable for the owner/applicant to propose a solely residential development with no mixed-use component.

In the opinion of the officer

vi. Are utility services available and adequate for the development?

Yes. Connection to reticulated sewerage required. Stormwater capable of being dealt with through the provision of a detailed engineering plan.

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

Yes. Retention of existing mature hedge in street setback area in front of proposed lot 3 and to the rear of lot 3. Condition for Landscaping plan to be submitted prior to the commencement of works.

viii. Has adequate provision been made for access for the development or facilities by disabled persons?

N/A

ix. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No.

x. Is the development likely to comply with AS3959 at the building permit stage?

Yes.

Other Comments

Any further comments in relation to the application?

Officer Comment

Conditional approval recommended.

OFFICER RECOMMENDATION That the Manager Planning and Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for Grouped Dwellings x 7 at 17 and 19 (Lots 5 and 6) Ellis Street, Augusta subject to compliance with the following conditions/for the following reasons: 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 – P16 received by the Shire on 25 February 2021

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.

3. Prior to commencement the landowner/applicant shall contribute towards development infrastructure provisions pursuant to the Shire of Augusta Margaret River Local Planning Scheme No. 1 (see advice note ‘b’).

4. A Landscape Plan for the Site including common property shall be prepared to the satisfaction of the Shire and shall be submitted for the acceptance of the Shire prior to the commencement of works.

5. Landscaping shall be implemented prior to occupation/use of the development in accordance with the accepted Landscape Plan and shall be maintained at all times thereafter.

6. Walls on the boundary shall be finished to the satisfaction of the adjoining landowner, or in the case of a dispute to the satisfaction of the Shire.

7. Prior to lodging a building permit application, a detailed Vehicle Parking Construction Engineering Plan shall be prepared to the satisfaction of the Shire and submitted to the Shire showing construction details including pavement levels, thickness, cross fall, lighting proposal and drainage disposal method. The Shire’s written acceptance of the Vehicle Parking Engineering Plans must be provided with the building permit application (refer to advice note ‘c’).

8. Prior to occupation of the development, vehicle parking areas shall be designed, sealed, lit, drained and thereafter maintained in accordance with accepted Vehicle Parking Construction Plan, the Australian Standard AS 2890 and the Shire’s Standards and Specifications.

9. Prior to lodging a building permit application, a detailed Stormwater Management Engineering Plan shall be prepared to the satisfaction of the Shire and submitted to the Shire showing drainage details, storage capacity, lid levels, drainage pipe inverts, sump connections details, slow release, offsite infrastructure connection details. The Shire’s written acceptance of the Stormwater Management Plan must be provided with the building permit application (refer to advice note ‘c’).

10. Prior to practical completion of the development, stormwater management systems on the subject site shall be constructed in accordance with the accepted Stormwater Management Engineering Plan referred to in abovementioned condition and shall thereafter be maintained.

11. In the event that the total estimated cost of development exceeds $1 million, prior to issue of a building permit the proponent shall make a contribution towards public art in accordance with the Shire’s Governance and Business Excellence Policy 5.8 – Public Art Policy (refer to advice note ‘e’).

12. Privacy screening shall be installed to address overlooking for the development in accordance with the

acceptable development standards of the Residential Design Codes clause 5.4.1 (refer to advice note ‘g’). Screening shall be installed prior to occupation of the dwelling(s) and shall be maintained at all times thereafter. Details shall be submitted with the building permit.

13. The new crossover shall be designed, constructed, sealed, and drained in accordance with the Shire's standards and specifications, prior to occupation of the development.

14. Prior to issue of a building permit, Lots 5 and 6 Ellis Street, Augusta shall be amalgamated. 15. Written confirmation of satisfactory completion of conditions of this planning consent shall be obtained from

the Shire of Augusta Margaret River by the proponent prior to commencement of works on the subject site (refer to advice note ‘f’).

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 (Miscellaneous Provisions) 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. b) In respect to condition 3, please contact the Shire for a ‘contributions and bonds quote’ which will confirm the

required fee and methods of payment. The fee applicable will be determined at the time of payment and may

vary from the above figure. The fees is payable on the earliest of the following:

• the Western Australian Planning Commission endorsing its approval on the deposited plan or survey strata plan of subdivision of the owner’s land within the development contribution area (for practical purposes payable at the time of submitting clearance to the Shire);

• the commencement of any development on the owner’s land within the development contribution area (for practical purposes contributions are payable at Building Permit stage);

• the approval of any strata plan by the local government or Western Australian Planning Commission on the owner’s land within the development contribution area; or

• the approval of a change or extension of use by the local government on the owner’s land within the development contribution area.

c) Engineering plans are required to be submitted to the Shire’s Asset Services department (9780 5274). d) “Works in a road reserve, including any pruning or clearing of vegetation, are prohibited without first obtaining

written approval of the Shire. The proponent will be required to submit and implement a Traffic Management Plan for all works in a road reserve. The TMP is required to be prepared by a licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road)”

e) The proponent is required to provide a cash contribution to the Shire of 1% of the cost of construction as public art, or, alternatively the same equivalent can be provided as public art within the development site in an area accessible to the public.

f) Requests for written confirmation of satisfactory completion of the conditions of planning consent are to be

directed to the Shire’s Planning Department (9780 5207). g) Privacy screening discussed in abovementioned condition 12, is required as follows:

(i) balcony on the upper floor of unit 1 on the eastern elevation to address overlooking to the adjoining eastern property;

(ii) window to bedroom 1 of unit 3 on the east elevation to address overlooking to the adjoining eastern property;

(iii) window to bedroom 3 of unit 3 on the east elevation to the adjoining eastern property; (iv) deck to unit 3 of unit 3 on the east elevation to the adjoining eastern property; and (v) deck to unit 3 on the south elevation to the southern adjoining property.