proposed demolition of existing dwelling and construction ... · • the application seeks approval...

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Ordinary Meeting of Council 30 November 2016 Page 1 3.8 PROPOSED DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF SINGLE HOUSE - LOT 1 AND LOT 334 (NO.26) CHATHAM ROAD, WOODBRIDGE (DA347-16) Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham Road in Woodbridge and the subsequent construction of a replacement Single House and associated earthworks. The subject land is located within the 'Residential' zone and has a dual density code of R20/50. The proposed Single House is a permissible (‘P’) use in the Residential zone, which means the use is permitted subject to compliance with the relevant development standards and requirements of the Scheme. The existing Single House on the land was constructed circa 1900s and is included on the City's Municipal Heritage Inventory as a 'Significant' rated place recognised for its contribution to the local heritage of Woodbridge as a good and intact example of the architectural and building style characteristic of the area during the turn of the century. Conservation of the place is desirable. The applicant has provided a structural engineer's report that recommends the building be demolished to ensure the health and safety of its residents as the structural integrity of the building "will be compromised in the near future." Approval to demolish the existing Single House was previously issued by Council in 2006 based on similar conclusions about the structural integrity of the dwelling made in a structural engineer's report. The dwelling has nevertheless remained intact for over a decade despite the owners not having undertaken any maintenance to date. The condition of the dwelling is not the key determining factor in a decision whether to demolish under the City’s local planning policy POL-C-111 - Woodbridge Conservation Precincts (Conservation Policy). City staff consider that the applicant has failed to provide the necessary justification to demonstrate that the structural condition of the place warrants its demolition and has not investigated the feasibility of how the dwelling could be restored or remediated or adapted into a new development. The proposed replacement Single House will be constructed of limestone bricks and incorporate earthworks over 65% of the site area, which is in variation to the relevant Performance Criteria of the Conservation Policy relating to the choice of materials and colours and the extent of earthworks. City staff consider the proposed demolition of the existing Single House to be contrary to the general principles of the Conservation Policy and that the replacement of an existing dwelling recognised for its contribution to the local heritage of Woodbridge with a modern development that is inconsistent with the historical built form character of the area would not be in the interest of orderly and proper planning. It is recommended that the Council refuse to grant approval for the proposed Demolition of the Existing Dwelling and Construction of a new Single House on Lots 1 and 344 (No.26) Chatham Road, Woodbridge.

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Page 1: Proposed Demolition of Existing Dwelling and Construction ... · • The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham

Ordinary Meeting of Council 30 November 2016

Page 1

3.8 PROPOSED DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF SINGLE HOUSE - LOT 1 AND LOT 334 (NO.26) CHATHAM ROAD, WOODBRIDGE (DA347-16)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham Road in Woodbridge and the subsequent construction of a replacement Single House and associated earthworks.

• The subject land is located within the 'Residential' zone and has a dual density code of R20/50. The proposed Single House is a permissible (‘P’) use in the Residential zone, which means the use is permitted subject to compliance with the relevant development standards and requirements of the Scheme.

• The existing Single House on the land was constructed circa 1900s and is included on the City's Municipal Heritage Inventory as a 'Significant' rated place recognised for its contribution to the local heritage of Woodbridge as a good and intact example of the architectural and building style characteristic of the area during the turn of the century. Conservation of the place is desirable.

• The applicant has provided a structural engineer's report that recommends the building be demolished to ensure the health and safety of its residents as the structural integrity of the building "will be compromised in the near future." Approval to demolish the existing Single House was previously issued by Council in 2006 based on similar conclusions about the structural integrity of the dwelling made in a structural engineer's report. The dwelling has nevertheless remained intact for over a decade despite the owners not having undertaken any maintenance to date.

• The condition of the dwelling is not the key determining factor in a decision whether to demolish under the City’s local planning policy POL-C-111 - Woodbridge Conservation Precincts (Conservation Policy). City staff consider that the applicant has failed to provide the necessary justification to demonstrate that the structural condition of the place warrants its demolition and has not investigated the feasibility of how the dwelling could be restored or remediated or adapted into a new development.

• The proposed replacement Single House will be constructed of limestone bricks and incorporate earthworks over 65% of the site area, which is in variation to the relevant Performance Criteria of the Conservation Policy relating to the choice of materials and colours and the extent of earthworks.

• City staff consider the proposed demolition of the existing Single House to be contrary to the general principles of the Conservation Policy and that the replacement of an existing dwelling recognised for its contribution to the local heritage of Woodbridge with a modern development that is inconsistent with the historical built form character of the area would not be in the interest of orderly and proper planning.

It is recommended that the Council refuse to grant approval for the proposed Demolition of the Existing Dwelling and Construction of a new Single House on Lots 1 and 344 (No.26) Chatham Road, Woodbridge.

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Ordinary Meeting of Council 30 November 2016

Page 2

AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS 17) and Clause 68(2) of Schedule 2 of Part 9 of the Planning and Development Act (Local Planning Schemes) Regulations 2015 to refuse the application or approve (with or without conditions) the application, except for a specified part or aspect pursuant to Clause 10.7(b) of LPS 17 and Clause 73(b) of the Regulations. 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 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Ausasia Design Consultants Owners: Helen Hook and Laurence Hook Zoning: LPS17 - Residential R20/R50 MRS - Urban Strategy/Policy: State Planning Policy 3.1 - Residential Design Codes of

Western Australia (R-Codes) State Planning Policy 5.1 - Land Use Planning in the Vicinity of Perth Airport Local Planning Policy POL-C-111 - Woodbridge Conservation Precincts Local Planning Policy POL-C-040 - Midland District Drainage Development Reserve Fund

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Single House Site Area: 647m2 Use Class: Single House

DETAILS OF THE PROPOSAL

The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham Road in Woodbridge, and the subsequent construction of a replacement Single House.

The proposed replacement Single House will be single-storey and constructed of limestone bricks with an off-white Colorbond gable hipped roof. The dwelling will front Chatham Road and incorporate a partially enclosed alfresco area constructed to the rear between the new dwelling and an existing detached masonry garage in the north-eastern corner of the site. Existing vehicular access from the secondary street of Holmesdale Road will be retained.

The application also proposes fill up to approximately 1m to each side of the front portion of the proposed dwelling and twin side retaining walls of unspecified colour along the northern lot boundary and the Holmesdale Road secondary street boundary. The submitted plans do not show fencing to be constructed above the retaining walls.

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Ordinary Meeting of Council 30 November 2016

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DESCRIPTION OF SITE

The subject land comprises adjoining Lots 1 and 344 Chatham Road within the Woodbridge South Conservation Precinct heritage area. The lots have a combined area of 647m2 and together form an east-west aligned corner site at the junction of Chatham Road and Holmesdale Road, approximately 100m south of the railway line.

The existing Single House on the land was constructed circa 1900s and is a single-storey timber framed dwelling constructed of rusticated weatherboards and a corrugated iron roof. The dwelling has brick and fibro additions to its north and east side constructed circa 1970s, but is otherwise substantially intact with original chamfered chimneys, weatherboard cladding, bullnose verandah roof and framing, and bay window to the front elevation of Chatham Road. The concrete verandah floor and brick front fence are not original.

The topography of the site slopes by approximately 1m in height from the east to the west consistent with slope of Holmesdale Road as it approaches Chatham Road. The land at the front of the property between the existing dwelling and the Chatham Road boundary is currently retained slightly higher than the street level.

SITE HISTORY/PREVIOUS APPROVALS

DA286-2005

Approval to demolish the existing Single House on the land was approved by Council at its meeting held on 3 May 2006. This approval expired on 3 May 2008.

Council's decision to approve the demolition resulted from an alternative motion to the staff recommendation and was based on advice received from the applicant's structural engineer stating that serious thought should be given to the dwelling's demolition.

At the time of approval the dwelling was included on the City's Local Government Inventory of heritage places as having a high level of protection with maximum encouragement for conservation. In 2010 the City's Heritage List was created and the Local Government Inventory rating system updated. The subject property was retained on the Municipal Inventory in the 'Significant' category with a "good" condition and authenticity rating despite the circa 1970s additions to the dwelling.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

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Ordinary Meeting of Council 30 November 2016

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APPLICANT'S SUBMISSION

In a letter dated 3 May 2016 the applicant stated the following:

"I visited the above residence on 26 April 2016. The findings are as follows:

1. The front verandah and the rear part of the house including the bathroom, kitchen and back verandah, and all later additions compromise the integrity of the house and its Heritage listing.

2. The timber cladding is all buckling and sagging which suggests that the foundations of the house are collapsing.

3. The north side of the residence is bricked which is built with no footings or foundations. It appears that it has been rendered and reinforced. This is also showing signs of cracking and it will not last.

4. The floors of the residence are sinking as the stumps are sitting on clay which expands and contracts due to weather changes. Therefore to prop the stumps the floor boards would have to be removed to get below, and in doing so will damage the floorboards and will be very expensive.

5. There is white ant activity found all around the residence and there is some damage in bedrooms.

6. All the external walls of the residence have no insulation therefore it makes it cold in winter and hot in summer. It also makes it very damp in winter as there is no proper waterproofing.

7. None of the windows of the original house are able to be opened, which makes the house unhealthy to live in as there is no adequate cross ventilation and the rooms are dark due to lack of window openings.

8. My client requested a toilet within the residence which is highly unpractical, as there is no space to construct one. As there is a toilet outside the main residence it is dangerous for my client and wife to use at night. Due to the current social climate it is dangerous to go outside the house at night knowing the area as such.

9. To bring the residence to a habitable condition, the residence will have to be completely gutted which is not a viable proposition as a lot of the framing would need replacing.

In conclusion, the residence is socially unacceptable, has no toilets at a practical location and is unsafe and unhealthy."

The applicant's findings are the same as those listed in a letter from the applicant dated 10 April 2006 and submitted as part of the previous application for demolition. On 15 September 2016 the applicant provided the following response to the question of what maintenance actions had been undertaken by the landowners to mitigate each of the identified structural issues:

"The owner has not done any maintenance to date as the owner was thinking of building a new residence."

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Ordinary Meeting of Council 30 November 2016

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PUBLIC CONSULTATION

The application was advertised for a period of 14 days via a sign on site and letters posted to 36 nearby properties along Chatham Road and Holmesdale Road, as well as the Woodbridge Ratepayers Inc. interest group. The letters sought comment on the significance of the existing dwelling and its level of contribution to the Woodbridge heritage area as well as the extent of community benefit from the proposed demolition and redevelopment.

A total of 5 submissions were received as a result of the advertising period, of which 3 were objections and 2 were submissions of no objection as summarised below:

• Two of the three objections to the proposed development cited concerns with the impact of the loss of the dwelling on the heritage character of the area and the lack of justification for demolition.

• A third objection was concerned with the non-compliance of the proposed dwelling with the acceptable colour and material requirements of the City's Woodbridge Conservation Precincts policy.

• One of the two submissions of no objection noted that the proposed dwelling appeared to be in keeping with the character of the local area.

The public submissions are acknowledged in the assessment of the development against the relevant design elements of the Woodbridge Conservation Precincts policy as provided in the ‘Details’ section of this report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil

DETAILS

Zoning and Permissibility of Use

The subject land is located within the 'Residential' zone and has a dual density code of R20/50. The proposed Single House is a permissible (‘P’) use in the Residential zone, which means the use is permitted subject to compliance with the relevant development standards and requirements of the Scheme.

The proposed demolition of the existing Single House and redevelopment was assessed against the City’s local planning policy POL-C-111 - Woodbridge Conservation Precincts (the Conservation Policy) and the Residential Design Codes (R-Codes) and is considered to be contrary to the general principles of the Conservation Policy as discussed below.

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POL-C-111 - Woodbridge Conservation Precincts (Conservation Policy)

Proposed Demolition of Existing Dwelling

A primary objective of the Conservation Policy is the retention and conservation of heritage buildings wherever possible. In accordance with the general principles of the Conservation Policy, the application for demolition is assessed against the following three factors for consideration:

(i) The cultural significance of the place and its level of contribution to the cultural significance of the Precincts:

Woodbridge is recognised for its local cultural significance associated with the post-colonial settlement of Perth. The area south of the railway line in particular is representative of the expansion of Midland along the railway during 1896 to 1919 and is characterised by many examples of housing stock from this period interspersed with more recent development. Typical architectural features of historic buildings include simple, timber-framed cottages with some bay windows, hipped and gabled corrugated iron-covered roofs and bullnose verandahs. A large number of weatherboard cottages were also constructed during this period reflecting the more working class beginnings of the area compared to nearby Guildford.

The existing Single House on the site is included on the City's Municipal Heritage Inventory as a 'Significant' rated place recognised for its contribution to the local heritage of Woodbridge with conservation of the place desirable. The dwelling has significant aesthetic value in the context of the history and development of Woodbridge as a good and intact example of the architectural and building style characteristic of residential development in the area during the turn of the century. While a number of weatherboard cottages remain in the area, few are of the same level of representativeness of the federation style as the subject dwelling.

Although the dwelling has modern additions these are not so extensive as to undermine its presentation to the streetscape as a federation style cottage. The lack of maintenance to the property is also not considered to detract from the positive contribution the place makes to the streetscape and heritage precinct through its historic significance as a largely intact, timber-framed dwelling dating from the 1900s and sited in a visually prominent location on the corner site.

(ii) The feasibility of restoring or adapting it or incorporating it into new development:

The Conservation Policy states that demolition of a heritage building shall be avoided in preference for restoration and adaptation of buildings. In circumstances where demolition may be appropriate the onus rests with the applicant to provide strong justification for this. Demolition should not be expected simply because redevelopment is a more attractive economic proposition or because a building has been neglected.

The applicant has provided a current structural engineer's report for the dwelling to detail the structural integrity of the building and its suitability for human habitation. The report concludes that the dwelling is intact but has signs of severe structural deterioration and defects. The report recommends that the building be demolished to ensure the health and safety of its residents as the structural integrity of the building "will be compromised in the near future."

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City staff note that a similar indefinite conclusion about the structural integrity of the dwelling was made in a structural engineer's report to support the previous application for demolition in 2006. The dwelling has nevertheless remained intact for over a decade despite the applicant’s admission that the owners have not undertaken maintenance to remediate the identified structural issues and reduce further dilapidation to date.

Although it is acknowledged that the building is currently in poor condition, the applicant has failed to provide the necessary justification to demonstrate that the structural condition of the place is unfit for human habitation and warrants immediate demolition. There is also no investigation into the feasibility of how the dwelling could be restored or remediated to an acceptable level of comfort for contemporary living or adapted into a new development.

While it is reasonable to expect that the cost of such an exercise would be considerable, it must be stated that the condition of the dwelling is not the key determining factor in the decision whether to demolish under the planning framework and so any such cost does not lead to a conclusion favouring demolition.

(iii) The extent to which the community would benefit from the proposed redevelopment:

Despite minimal response from public advertising it is considered that the subject dwelling has significant aesthetic value and contributes to the local ‘sense of place’ and heritage character of Woodbridge by way of its high level of federation style representativeness and visually prominent location on a corner site.

As discussed in the following section of this report, the proposed dwelling will not comply with the materials, colours and earthworks requirements of the Conservation Policy. City staff consider that the replacement of an existing dwelling recognised for its significant aesthetic value and contribution to the local heritage of Woodbridge with a modern development that is inconsistent with the historical built form character of the area would impact on the local community in a negative way.

Proposed Single House

The proposed dwelling is compliant with the relevant Acceptable Design Principles (ADPs) of the Conservation Policy except for those relating to materials and colours and earthworks as discussed below:

Design Element 5.4 - Materials & Colours

The proposed dwelling will use limestone face brick for all external walls of the dwelling façade in variation to ADP 5.4.2(b), which states that limestone is acceptable to use in external walls up to sill height only, and that acceptable brick colours range from red through to orange or darker bricks. The use of cream brick pavers is also proposed for the path between the dwelling and Chatham Road in lieu of the suggested colours of orange, red or brown. It is considered that the proposed development does not satisfy the relevant Performance Criterion PC 5.4.1(a) that materials and colours for new development be in keeping with or sympathetic to those materials and colours that have been historically prevalent in the area.

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Traditional colour schemes in Woodbridge feature several colours in combination, often contrasting dark and light, with red the historically prevalent brick colour in the area and cream, orange or brown brick also used to a much lesser extent generally in modern construction circa 1990s to mid-2000s. The use of limestone coloured bricks as a construction material for the proposed development would be in noticeable contrast to the surrounding context given the historically characteristic form of development on adjacent properties and the visual prominence of the subject corner site in the streetscape.

Should the development be approved, it is recommended that the landowner submit a revised material and colour schedule that proposes the use of render or face bricks of an acceptable colour for the dwelling façade. The schedule should also detail the colour of the proposed retaining wall and any proposed treatment to the existing masonry garage to match the new development.

Design Element 5.7 - Earthworks

The proposed fill to between 0.3 metres to 1 metre above the existing natural ground level over approximately 65% of the site area and to both side boundaries is considered to be inconsistent with ADP 5.7.2(a), which states that earthworks shall be minimised so as to protect the traditional landscape.

The proposed filling of the 3 metre wide area from the southern elevation of the dwelling to the Holmesdale Road street boundary in particular would have a noticeable impact on the traditional ground level along the boundary as viewed from Holmesdale Road and its junction with Chatham Road.

Should the development be approved, it is recommended that proposed fill between the southern elevation of the dwelling and the street boundary, including retaining wall, is not supported in order to satisfy performance criterion PC 5.7.1 to minimise earthworks and protect the traditional landscape of Woodbridge.

Residential Design Codes (R-Codes)

The minimum building setbacks and the site works requirements of the R-Codes are replaced by the Acceptable Design Principles (ADPs) set out in the Conservation Policy and do not apply to the proposed development. The development is otherwise compliant with the deemed-to-comply requirements of the R-Codes except for the following variation to the minimum setbacks for visual privacy:

5.4.1 C1.1 – Visual Privacy

A bedroom window on the northern elevation of the proposed dwelling will be setback 1.695 metres from the adjoining lot boundary in lieu of the minimum setback requirement of 3.5 metres.

The bedroom will have a finished floor level above 0.5 metres in height and views from the window will overlook the adjoining residential property to the north behind its street setback line. Should the development be approved, it is recommended that the window is redesigned to have a minimum sill height of 1.6 metres or glazed in an obscure material so as to minimise direct overlooking into the outdoor living area of the adjoining property and satisfy the applicable Design Principles of the R-Codes.

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State Planning Policy - Aircraft Noise

The subject lot is located within the 20-25 ANEF aircraft noise exposure zone and the proposed Single House is a "noise-sensitive premises" as defined in SPP 5.1. A Section 70A Notification advising of the potential noise nuisance already exists on the Title of Lot 1 in accordance with the requirements of SPP 5.1, and so it is not recommended to impose such a condition should the development be approved.

POL-C-040 - Midland District Drainage Development Reserve Fund

Stormwater plans have been prepared as part of the proposed dwelling to demonstrate that stormwater produced on the site will be adequately managed and drained to the satisfaction of City staff. Should the development be approved a drainage contribution will be required because the site is located within the Midland District Drainage Contribution Area subject to the Midland District Drainage Development Reserve Fund local planning policy.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to refuse to grant approval for the proposed Demolition of the Existing Dwelling and Construction of a new Single House on Lots 1 and 344 (No.26) Chatham Road, Woodbridge, for the following reasons:

1. The proposed demolition of the existing dwelling is contrary to the general principles of the City's POL-C-111 - Woodbridge Conservation Precincts local planning policy relating to the conservation of heritage; and,

2. The proposed Single House will not satisfy the relevant Performance Criteria for the design elements of 'Materials & Colours' and 'Earthworks' as set out in the City's POL-C-111 - Woodbridge Conservation Precincts local planning policy.

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

This is the recommended option.

Option 2: Council may resolve to grant approval for the proposed Demolition of the Existing Dwelling and Construction of a new Single House on Lots 1 and 344 (No.26) Chatham Road, Woodbridge, subject to the following conditions:

1. This approval is for demolition of the existing dwelling and construction of a “Single House” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. This approval is not for the earthworks (fill) to the southern side of the dwelling and associated retaining wall on the Holmesdale Road street boundary as depicted on the approved plans 2 of 6 and 4 of 6.

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3. An archival record of the existing dwelling is to be prepared and submitted to the City's Planning Services department prior to the issue of the Demolition Licence, and shall include:

i. A site plan prepared at 1:200 scale.

ii. A plan of the building and all four elevations prepared at 1:100 scale.

iii. Digital photographs (JPEG / TIF format) taken when the house is empty to show:

• a general/overall photo of the dwelling in its setting;

• photos of each of the four elevations;

• internal photos of all rooms; and,

• photos of any special architectural features.

The photographs required at point iii) are to be keyed to the plan required in point i) with numbers and arrows. Any alternative form of photographic record is subject to the approval of the Principal Planner.

4. Prior to the lodgement of a demolition permit application for the proposed development Lots 1 and 344 Chatham Road (“the lots”) are to be amalgamated into a single lot on a Certificate of Title; or alternatively, the owner entering into a legal agreement with the City prepared by the City’s solicitors at the owner’s cost and secured by an absolute caveat lodged over the certificates of title to the lots requiring the amalgamation to be completed within twelve months of the issue of a demolition permit for the proposed dwelling.

The owner shall be responsible to pay all costs associated with the City’s solicitor’s costs incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.

5. The landowner shall make a contribution to the City of Swan in accordance with the City of Swan Local Planning Policy POL-C-040 -Midland District Drainage Development Reserve Fund based on the total site allotment area of 647m2 to the satisfaction of the City of Swan. Payment is to be made prior to the lodgement of a building permit application.

6. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system via a silt trap installed in accordance with the City’s specifications. Stormwater drainage plans are to be included at submission of building permit application.

7. The dwelling façade shall be constructed of red face brick with cream joints or have a smooth render finish. Prior to the issue of a building permit application the owner shall submit a revised Colour and Material Schedule to the City of Swan Statutory Planning department for approval. The Schedule shall identify the materials and colours to be used in the construction of the approved dwelling and associated approved paving and retaining wall to the satisfaction of the City of Swan.

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8. The window on the northern elevation of the proposed dwelling as depicted on approved plan 5 of 6 shall have a sill height at least 1.6 metres above finished floor level and/or shall be glazed in at least 75 per cent obscure material and not capable of being opened so as to restrict direct overlooking from the dwelling in the direction of the adjoining property.

9. The fill approved as part of this development approval shall be clean fill.

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

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

12. 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.

13. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

14. Any additional development, including the erection of boundary fencing, that is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.

ADVICE NOTES: Advice notes apply.

Implications: The applicant will be able to proceed with the proposed development.

This is not the recommended option.

CONCLUSION

The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham Road in Woodbridge and the subsequent construction of a replacement Single House and associated earthworks.

The existing Single House on the land was constructed circa 1900s and is included on the City's Municipal Heritage Inventory as a 'Significant' rated place recognised for its contribution to the local heritage of Woodbridge as a good and intact example of the architectural and building style characteristic of the area during the turn of the century. Conservation of the place is desirable.

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The applicant has provided a structural engineer's report that recommends the building be demolished to ensure the health and safety of its residents as the structural integrity of the building "will be compromised in the near future." Approval to demolish the existing Single House was previously issued by Council in 2006 based on similar conclusions about the structural integrity of the dwelling made in a structural engineer's report. The dwelling has nevertheless remained intact for over a decade despite the owners not having undertaken any maintenance to date.

The condition of the dwelling is not the key determining factor in a decision whether to demolish under the City’s local planning policy POL-C-111 - Woodbridge Conservation Precincts (Conservation Policy). City staff consider that the applicant has failed to provide the necessary justification to demonstrate that the structural condition of the place warrants its demolition and has not investigated the feasibility of how the dwelling could be restored or remediated or adapted into a new development.

The proposed replacement Single House will be constructed of limestone bricks and incorporate earthworks over 65 per cent of the site area, which is in variation to the relevant Performance Criteria of the Conservation Policy relating to the choice of materials and colours and the extent of earthworks.

City staff consider the proposed demolition of the existing Single House to be contrary to the general principles of the Conservation Policy and that the replacement of an existing dwelling recognised for its contribution to the local heritage of Woodbridge with a modern development that is inconsistent with the historical built form character of the area would not be in the interest of orderly and proper planning.

It is recommended that the Council refuse to grant approval for the proposed Demolition of Existing Dwelling and Construction of Single House on Lots 1 and 344 (No.26) Chatham Road, Woodbridge.

ATTACHMENTS

Locality Plan

Street Perspectives

Development Plans

STRATEGIC IMPLICATIONS

Nil

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STATUTORY IMPLICATIONS

State Planning Policy 3.1 - Residential Design Codes of Western Australia (R-Codes)

State Planning Policy 5.1 - Land Use Planning in the Vicinity of Perth Airport

Local Planning Scheme No.17

Local Planning Policy POL-C-111 - Woodbridge Conservation Precincts

Local Planning Policy POL-C-040 - Midland District Drainage Development Reserve Fund

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Refuse to grant approval for the proposed Demolition of the Existing Dwelling and Construction of a new Single House on Lots 1 and 344 (No.26) Chatham Road, Woodbridge, for the following reasons:

1. The proposed demolition of the existing dwelling is contrary to the general principles of the City's POL-C-111 - Woodbridge Conservation Precincts local planning policy relating to the conservation of heritage; and,

2. The proposed Single House will not satisfy the relevant Performance Criteria for the design elements of 'Materials & Colours' and 'Earthworks' as set out in the City's POL-C-111 - Woodbridge Conservation Precincts local planning policy.

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

3) Advise all those who made a submission of the Council's decision accordingly.

MOTION that the Council resolve to:

1) Approve the demolition of the existing dwelling on Lots 1 and 344 (No.26) Chatham Road, Woodbridge subject to the following condition:

1. An archival record of the existing dwelling is to be prepared and submitted to satisfaction of the Chief Executive Officer prior to the issue of a Demolition Licence and shall include:

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Ordinary Meeting of Council 30 November 2016

Page 14

i. A site plan prepared at 1:200 scale;

ii. A plan of the existing dwelling and all four elevations prepared at 1:100 scale;

iii. Digital photographs taken when the house is empty to show:

• A general/overall photo of the dwelling in its setting;

• Photos of each of the four elevations;

• Internal photos of all rooms; and

• Photos of any special architectural features.

2) Refuse the proposed new dwelling as submitted for the following reasons:

1. The use of limestone face brick for the full extent of the dwelling façade is not considered to comply with the Woodbridge Conservation Precinct Local Planning Policy in that this is not in keeping with or sympathetic to the traditional use of such material in Woodbridge.

2. The level of fill proposed to accommodate the proposed new dwelling is not considered to comply with the Woodbridge Conservation Precinct Local Planning Policy in that it will significantly alter the streetscape of Holmsdale Road.

3) Invite the applicant to submit revised plans for a new dwelling that address the above issues.

4) Record the reasons for changing the staff recommendation as:

a) The extent of the walls, ceiling and floor damage due to subsidence of the buildings foundations and deteriorating structural supports compromises the structural integrity of the dwelling and puts the health and safety of residents at risk.

b) To facilitate the applicants desire to live in a new modern home but which is compliant with the heritage characteristics of Woodbridge.

(Cr McDonnell - Cr Bailey)

RESOLVED (11/1) TO:

1) Approve the demolition of the existing dwelling on Lots 1 and 344 (No.26) Chatham Road, Woodbridge subject to the following condition:

1. An archival record of the existing dwelling is to be prepared and submitted to satisfaction of the Chief Executive Officer prior to the issue of a Demolition Licence and shall include:

i. A site plan prepared at 1:200 scale;

ii. A plan of the existing dwelling and all four elevations prepared at 1:100 scale;

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Ordinary Meeting of Council 30 November 2016

Page 15

iii. Digital photographs taken when the house is empty to show:

• A general/overall photo of the dwelling in its setting;

• Photos of each of the four elevations;

• Internal photos of all rooms; and

• Photos of any special architectural features.

2) Refuse the proposed new dwelling as submitted for the following reasons:

1. The use of limestone face brick for the full extent of the dwelling façade is not considered to comply with the Woodbridge Conservation Precinct Local Planning Policy in that this is not in keeping with or sympathetic to the traditional use of such material in Woodbridge.

2. The level of fill proposed to accommodate the proposed new dwelling is not considered to comply with the Woodbridge Conservation Precinct Local Planning Policy in that it will significantly alter the streetscape of Holmsdale Road.

3) Invite the applicant to submit revised plans for a new dwelling that address the above issues.

4) Record the reasons for changing the staff recommendation as:

a) The extent of the walls, ceiling and floor damage due to subsidence of the buildings foundations and deteriorating structural supports compromises the structural integrity of the dwelling and puts the health and safety of residents at risk.

b) To facilitate the applicants desire to live in a new modern home but which is compliant with the heritage characteristics of Woodbridge.

For: Crs Bailey, Haynes, Henderson, Kovalevs, Lucas, McCullough, McDonnell, McNamara, Trease, Wainwright and Williams

Against: Crs Johnson

Page 16: Proposed Demolition of Existing Dwelling and Construction ... · • The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham

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Page 19: Proposed Demolition of Existing Dwelling and Construction ... · • The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham

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Page 21: Proposed Demolition of Existing Dwelling and Construction ... · • The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham

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Page 22: Proposed Demolition of Existing Dwelling and Construction ... · • The application seeks approval for the demolition of a Single House located over Lots 1 and 344 (No.26) Chatham

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