DEVELOPMENT ASSESSMENT UNIT Minutes of the Development ... · 7. An Emergency Response Plan and...

DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 4 April 2017

ATTENDANCE Johan Pienaar, Jason Heine, Angela Satre, Lucy Gouws, Lara Hoole, Kim Nolan, Lauren Bidesi, Chris Wenman PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

27/03/2017 A4796 1 (lot 79) Redgum Court, Margaret River

Change in Use from Ancillary Dwelling to Single Bedroom Dwelling

P217205

27/03/2017 A7968 5 (lot 126) Lesueur Place, Gnarabup Holiday House (Large) - Renewal P217207 27/03/2017 A476 25 (Lot 16) Bayview Drive, Gracetown Dwelling P217208 28/03/2017 A275 16 (Lot 32) Pierce Road, Margaret

River Holiday House (Large) - Renewal P217210

28/03/2017 A3906 49 (lot 66) Town View Terrace, Margaret River

Signage P217211

28/03/2017 A4921 (Level 1) 85 (Lot 23) Sheridan Road, Margaret River

Holiday House P217212

29/03/2017 A5070 55 (Lot 105) Mansfield Avenue, Margaret River

Holiday House - Renewal P217213

29/03/2017 A3879 51 Bussell Highway, Margaret River Local Law Licence to Sell Flowers and Gifts at Rotary Park for Mothers Day

P217214

29/03/2017 A5163 744 (Lot 111) Cowaramup Bay Road, Gracetown

Caravan Park - Annex Addition to Caravan

P217215

29/03/2017 A2760 A7425

3 Clayton Road, Treeton Outbuilding (Shed) Ancillary to Agriculture - Extensive

P217216

30/03/2017 A11277 77 (Lot 1013) Heron Drive, Margaret River

Shed Ancillary to Dwelling P217217

31/03/2017 A5463 33 (Lot 63) Baudin Drive, Gnarabup Holiday House (Large) - Renewal P217219 31/03/2017 A11821

A11900 772 (Lot 69) Wirring Road, Cowaramup

Plantation P217220

31/03/2017 A6991 Lot 3 Darch Road, Margaret River Dwelling and Water Tank P217221 BUILDING LICENCE APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal BLDG No.

31/03/2017 A436 71 (Lot 26) Forrest Road, Margaret River

Carport 217140

31/03/2017 A11879 13 (lot 218) Mecklenberg Drive, Margaret River

Single Dwelling 217141

31/03/2017 A10427 A505

Lot 24 Brockman Highway, Courtenay Patio 217142

30/03/2017 A11582 1 (Lot 652) Curtis Street, Cowaramup Single Dwelling Additions 217138 30/03/2017 A4040 12 (Lot 188) Auger Way, Margaret

River Canopy 217139

29/03/2017 A12194 3 (Lot 19) Copse Way, Cowaramup Single Dwelling & Garage 217135 29/03/2017 A11768 Lot 427 Bussell Highway, Margaret

River Service Station 217136

28/03/2017 A176 7 (Lot 90) Sylvaner Place, Margaret River

Ancillary Accommodation and Dwelling Additions

217133

28/03/2017 A9077 285 Davis Road, Witchcliffe Shed Extension 217134 27/03/2017 A10524 15 Blain Street, Augusta Unlawful Works Alterations to

Single Dwelling 217129

27/03/2017 A9831 10 Currawong Street, Cowaramup Shed 217130 27/03/2017 A9268 31 (Lot 104) Sanctuary Circle,

Cowaramup Single Dwelling 217131

SUBDIVISIONS DETERMINED

Date Rec’d

Officer DA No. Address Description of Matter Recommendation

LEVEL 1 APPLICATIONS determined under delegation Date Rec’d

Officer Address Proposal Outcome DA No.

17/02/2017 Lucy Gouws

9 (lot 27) Horseford Road Burnside

Holiday House

Approve P217126

03/03/2017 Angela Satre

21 (Lot 117) Lloyd Loop Margaret River

Dwelling Additions (Verandah)

Approve P217154


13 (Lot 512) Lemon Gum Retreat Margaret River

Ancillary Dwelling

Approve P217165

20/03/2017 Jared Drummond

8005 (Lot 319) Bussell Highway Cowaramup

Dwelling Additions - Carport and Verandah

Approve P217189

LEVEL 2 APPLICATIONS for determination under delegation

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

06/12/2017 Lara Hoole

10 (Lot 212) Flinders View, Augusta

Holiday House (Large) (Renewal)

Approve P216705


15 (Lot 161) Pollock Lane, Margaret River

Proposed Dwelling and Ancillary Dwelling

Approve P217064

12/08/2017 Matt Slocomb

16 (Lot 3) Saint Alouarn Place, Margaret River

Modified Local Development Plan and Proposed Chalet –

Approve P216426

13/12/2016 Matt Slocomb

21 (Lot 71) Barrett Street, Margaret River

Proposed Dwelling and Ancillary Dwelling

Approve P216737


12 (Lot 5) Percy Street, Gracetown

Holiday House Approve P217123


805 (Lot 3) Redgate Road, Witchcliffe

Holiday House (large) Approve P217135


Lot 1 Blackwood Avenue, Augusta

Clearing of Vegetation Referred to Council for determination

P216757


14 (Lot 101) Wishart Road Flinders Bay

Holiday House (Large) Approve P217054


35 (Lot 37) Georgette Road Gracetown

Retaining wall Approve P217120

LOCAL LAW PERMITS

Date Rec’d Officer Address Proposal Outcome DA No.

OTHER APPLICATIONS determined under delegation

Date Rec’d


COMPLIANCE

Date Rec’d


ELECTED MEMBERS ATTENTION

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

19/12/16 LG 135 (Lot 1) Blackwood Avenue, Augusta

Request for retrospective approval for vegetation clearing at the Doonbanks Caravan Park site.

Approve P216757

CLOSURE OF MEETING

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

Proposed Holiday House (Large): 10 (Lot 212) Flinders View, Augusta Major (Level 2) P216705; PTY/1278

REPORTING OFFICER : LH DISCLOSURE OF INTEREST : Nil

General Information Lot Area 826.145sqm Zone Residential (R15) Existing Development √ Single House

☐ Grouped Dwelling Nature of application ☐ New application

√ Renewal Proposed use Holiday House (Large) use of a 4 bedroom, 2 bathroom, two storey

dwelling to accommodate a maximum of eight (8) guests. Permissible Use Class ‘A’ – discretionary use Advertising Required √ Yes ☐ No Reason not exempted from planning approval?

Discretionary uses are not permitted unless the Shire exercises its discretion by granting development approval.

Heritage/Aboriginal Sites N/A Encumbrance N/A Date Received 6/12/2016 Date of Report 3/04/2017

Location Map

Planning History Planning approval (P29279) was issued on 15/12/2009 for a holiday house (large) for 12 months to accommodate a maximum of eight (8) guests.

The Site

Planning approval (P213399) was issued on 18/11/2013 for a holiday house (large) for 3 years to accommodate a maximum of eight (8) guests.

Is the application same as previous?

√ Yes ☐ No ☐ N/A

Has the application been advertised to adjoining landowners?

√ Yes ☐ No

Have there been any objections? √ Yes ☐ No Have there been any substantial changes to the LPS1 or Policy?

√ Yes ☐ No ☐ N/A

Officer comments:

A set of ‘House Rules’ is now a standard condition of approval. A set of house rules have been submitted from the manager.

Comments Received Nature of Submission

Comments Received Officer Comment

Private submission (support)

Support the application as we believe it is good for Augusta

Noted.

Private submission (objection)

Toward the end of 2016 10 (Lot 212) Flinders View has been terraced to such an extent that the lower terrace is level with the top of my back fence and our house.

A fire pit has been constructed. On nights in question a group of

students spent several evenings around the pit late into the evening making a lot of noise and urinating into my property.

There have been other incidents of partying and rowdy behaviour well into the early ours and a holiday house use will encourage more occasions of breach of our privacy and amenity.

A site visit was conducted. The retaining wall at the rear of the property is in accordance with the Building Licence for the dwelling issued in 2008. The landowner advised that the retaining and the fire pit have been there since 2008, but vegetation on the adjoining neighbours properties has recently been removed making the area open and visible providing overlooking to two adjoining landowners main outdoor living areas. A set of house rules has been submitted and a copy with 24/7 contact phone numbers of the landowner and manager have been forwarded to the submitter. A new sign with the contact details has been attached to the house as the old one had disappeared. Privacy screening to a height of 1.6m along the raised outdoor living area is proposed and is a recommended condition. The submitter has responded to the above and is satisfied that the privacy screening will mitigate the issue raised. The submitter has advised that they are comfortable in contacting the managers or landowner if there are any concerns regarding guests behaviour, but apart from the one occasion mentioned in the submission the Holiday House has operated in an acceptable manor.

Policy Requirements Display the manager’s 24hr contact details Require as a condition 6. Period of approval ☐ 12 months ☐ 3 years √ 5 years

Any discretionary considerations under LPP7’s performance criteria.

A privacy screen surrounding the outdoor living area is proposed and is a recommended condition. The applicant has addressed the issues raised through the submission process. It is therefore recommended for a longer term approval of five (5) years.

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 Holiday House (Large) (Renewal) at 10 (Lot 212) Flinders View, Augusta 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 received at the Shire on 3 April 2017. P2 to P5 received at the Shire on 6December 2017.

2. The Holiday House use is limited to a period of five (5) years from the date of this approval. (P) (Refer to

advice note ‘a’) 3. A Manager or a contactable employee of the Manager that permanently resides no greater than a 1-hour

drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note ‘b’) (P).

4. The 24-hour contact details of the Manager and owner of the Holiday House shall be visible on the property

from the nearest street frontage and maintained to the satisfaction of the Shire. (P) 5. All vehicles & boats connected with the premises shall be parked within the boundaries of the property. (P) 6. The short stay use of the dwelling shall not be occupied by more than eight (8) people at any one time. (P) 7. An Emergency Response Plan and Fire Management Plan shall be displayed in a conspicuous location

within the development at all times. (P) 8. Amplified music shall not be played outside of the holiday house between the hours of 10pm and 10am. 9. ‘House Rules’ shall be developed prior to the commencement of use. Thereafter the ‘House Rules’ shall

be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer advice note ‘f’) (P)

10. A 1.6m high privacy screen shall be provided on top of the retaining wall along the sections of the southern

side boundary and the eastern rear boundary as ‘marked in yellow’ on the approved site plan. The privacy screen shall be installed within 30days of the date of this approval to the satisfaction of the Shire. (refer to advice note ‘g’) (P)

ADVICE NOTES a) A new planning application seeking approval should be submitted 90 days before the expiry of this approval,

along with the appropriate planning fee. (P)

b) In relation to condition 3, if at any time there is not an appointed manager or a contactable employee of the manager for the site, the use must cease until such time as a manager is appointed. (P)

c) A sign limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from ground level

may be erected at the property frontage and within the property. (P) d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. (P) e) You are advised of the need to comply with the requirements of the following other legislation:

(i) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises.

(ii) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the

Building Code of Australia) must not make the dwelling available for hire unless hard wired, battery backup smoke alarms are installed, complying with the Building Code of Australia and AS3786.

f) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses

(please refer to the attached document). (P) g) Condition 10 is to ensure overlooking onto adjoining lots from the outdoor living area located in the south-

eastern corner of the site. The Shire must be informed once the privacy screen has been installed so that it can be confirmed that it is to the Shire’s satisfaction.


Proposed Dwelling and Ancillary Dwelling at 15 (Lot 161) Pollock Lane, Margaret River Major (Level 2) P217064; PTY/10929

REPORTING OFFICER : Lucy Gouws DISCLOSURE OF INTEREST : Nil

General Information Lot Area 388m² Zone Future Development. Approved Structure Plan identifies the land for

residential development at the R30 density. Proposed Development The application is for a dwelling with associated Ancillary Dwelling. The

development presents a two storey wall on the southern boundary of the site. The DAP includes a provision that states: ‘With prior planning approval from the Shire a 2 storey parapet wall may be permitted with a nil side setback as identified on the DAP’.

Permissible Use Class Dwelling is a “P” permitted use. Planning approval is required as the application requires assessment against the performance criteria under the provisions of the R-Codes.

Heritage/Aboriginal Sites Nil. Encumbrance Nil. Date Received 24/01/2017

Policy Requirements Is the land or proposal referred to in any Council Policy? ☐ Yes √ No Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? √ Yes ☐ No If yes, state the Policy/Policies Rapids Landing Stage 1B Detailed Area Plan - 2009 Officer Comment

The propsoal generally complies with the DAP, as shown below in Figure 1.

Figure 1: Extract form the Rapids Landing DAP

Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: 1 Have agency or authority comments been received? ☐ Yes √ No ☐ N/A Name Nature of Submission Officer Comment

Neighbour to the South

- Overall satisfied with the design. - Indifferent about the garage and

ancillary accommodation providing the footings and drainage are adequate.

- Looks like there is significant winter shading on our living area from the second storey. I would like to retain collection of winter sun on our northern side, as our house was designed to maximise solar passivity.

- Noted. - Through the Building permit stage, it

will be ensured that what is built is appropriately designed.

- The DAP supports dwellings to be built

with a nil setback on the southern boundary, which the proposal has adhered to. The neighbours dwelling is single storey and the proposal is two storeys, which will restrict sun at midday to the neighbouring site. The overshadow diagram indicates that 35% of the neighbouring site will be overshadowed at midday. This is

- Is window (W11) overlooking our

property opaque?

discussed in more detail later in the report.

- Window (W11) serves the robe, which is not considered a habitable room under the R/Codes. The window is not required to be obscure.

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

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? ☐ Yes √ No Are there any compliance issues in relation to existing development? ☐ Yes √ No R Codes Are R Codes applicable? √ Yes ☐ No

Design Element Policy / R Codes Req

Provided Officer comment

Front Setback 4m 4.4m Complies Sides Setback Southern

Ground floor 16.2m long, 2.7m with MJO = 1.5m Southern First Floor 7.5m, 5.7m with no MJO = 1.5m Garage 7m long, 5m with no MJO = DAP allows 0m setback for 2 storey parapet walls Northern 15m, 6.5m with MJO = 4.1m but can be reduced by 2m given adjoining footpath = 2.1m

1.7m 1.5m 0m 3.6m

Complies Complies Requires prior planning approval. Complies

Rear Setback N/A Garage/Carport Setback 1m maximum as

per DAP 0m Complies

Driveway Width DAP 4.8m 6m Variation Garage Width 50% <50% Complies Outdoor Living Area 20m² >20m² Complies Open Space Requirement 45% = 174.6m² 219m² open space Complies Upgrade Landscaping ☐ Required √ Not Required Overlooking ☐ Yes √ No Street surveillance √ Yes ☐ No Street Walls and Fences ☐ Yes √ No Overshadowing √ Yes ☐ No

(35% of the adjoining site. Adjoining site 336m², 35% = 117.6m, overshadow diagram shows 109m2.)

Energy efficiency/solar access √ Yes ☐ No Assessed as part of the building permit application.

Other Variations ☐ Yes √ No Officer’s Comments against performance criteria

5.4.2. Solar Access for adjoining sites The proposal complies with the 35% of shadow cast of the neighbouring (southern) site. The neighbour has raised concerns with the loss of northern light to their dwelling so closer consideration of the impacts is considered to be warranted. From the calculations provided by the proponent, it is shown that the over shadowing of the neighbours site is for a length of 14.7m at a width of 7m (see Figure 2 below).

Figure 2: Floor plan of the neighbours dwelling showing the extend of the over shadowing from the proposed dwelling. The design principles of R-Codes require that development is designed to protect sola access for neighbouring properties taking account the potential to overshadow existing:

- Outdoor living areas; - North facing major openings to habitable rooms, within 15 degrees

of north in each direction; or - Roof mounted solar collectors.

The over shadowing does not impact the outdoor living area and alfresco, the north facing major openings impacted is the kitchen window and 1/3 of the living dining room window. The remaining windows on the northern elevation are not major openings as define in the R-Codes. (see figure 3 below).

Figure 3: Showing the northern elevation of the neighbours dwelling and the extent of the over shadowing The extent of the overshadowing of the neighbour’s northern elevation complies with the design principles of the R-Codes. The major openings that will potentially be impacted from the shadow cast at midday is the kitchen and 1/3 of one of the dining living room windows. The theatre room window is a minor opening and not subject to the overshadowing provisions. The dwelling complies with the deemed to comply standards of the R-Codes.

Development Standards (Schedule 9) Are the development Standards applicable? ☐ Yes √ No Car Parking LPS1 / R Codes Requirement

Car Bays Required - 3 Car Bays Proposed -3

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply Turning Bay/Circles and vehicle manoeuvring √ Complies ☐ Doesn’t Comply

The applicant has confirmed that the lane way accessing the garage is 6.5m wide, adequate to allow vehicles to man over into the garage.

Disabled Bays Disabled Bays – N/A

Officer Comment

The proposal submitted originally showed the frontage of the dwelling all concrete, providing an additional 2 parking bays. Concerns were raised with the excessive extent of the parking area at the front of the site, and the applicant has subsequently reduced this to half, to provide 1 additional parking bay.

Building Height Scheme / Policy Requirement Wall - 7m Roof - 8m State the proposed building height Wall – 6m

Roof - 6m

√ Complies ☐ Doesn’t Comply

Clause 67 A. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the

Deemed Provisions of the Scheme? Officer Comment

Assessment Under the DAP Studio

- Lot is not less than 250m2 – Complies - Open space complies with the R-Codes – Complies - One additional car space is provided – Complies

B. 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?

None

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

BAL not required, but one has been provided indicating a BAL-29.

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

The proposed development is recommended for 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 and Ancillary Dwelling at 15 (Lot 161) Pollock Lane, 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



P1 received on the 14 March 2017 and P2 – P4 received on the 24 January 2017

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from

the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or

disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta-Margaret River Standards & Specifications. (I)

4. The Ancillary Dwelling shall be used solely for purposes incidental and ancillary to the residential use of the land, and is not permitted to be used for Short Stay. (P)

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 Services

Modified Local Development Plan and Proposed Chalet – 16 (Lot 3) Saint Alouarn Place, Margaret River

Major (Level 2) P216426; PTY/5492 REPORTING OFFICER : Matt Slocomb DISCLOSURE OF INTEREST : Nil

General Information Lot Area 17754m² Zone Rural Residential (Additional Use 47) Proposed Development Proposed construction of a Chalet located to the rear of the site. The

position of the Chalet differs from that previously approved and as a result a modification to the Local Development Plan is required.

Permissible Use Class One Chalet a permissible use pursuant to Additional Use Provision 47. Heritage/Aboriginal Sites Nil Encumbrance Nil Date Received 12/08/2016

Approximate Chalet Location

Policy Requirements Is the land or proposal referred to in any Council Policy? ☐ Yes √ No Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? √ Yes ☐ No If yes, state the Policy/Policies Development Guide Plan – January 2009 Officer Comment As a part of the Scheme Amendment to provide for the additional use of a Chalet, a Development Guide Plan (DGP) was prepared to determine the location, size and orientation of future development. In conjunction with the Scheme provisions contained within Schedule 2, the DGP established an envelope for the proposed Chalet and the location of associated screen planting. The Chalet location and planting was informed by a visual impact assessment undertaken as a part of the amendment, which provides criteria for assessment of subsequent development. A copy of the development guide plan is set out at Figure 1 below.

Figure 1 – Development Guide Plan – January 2009 In addition to the above, the Scheme requires the Chalet design to address the relevant recommendations of the landscape assessment report appended to the Scheme amendment report. The Scheme amendment contents and 2007 landscape study are discussed further in the comment section of this report.

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 Have agency or authority comments been received? √ Yes ☐ No ☐ N/A Has the application been referred to internal departments? √ Yes ☐ No ☐ N/A Name Nature of Submission Officer Comment

Landowner 1

Objection, specifically, in relation to the following aspects of the proposal: Proposed expansion of the building

envelope in comparison to the existing envelope.

Considered that the additional deck and garage should be within the chalet envelope.

Concerns in respect to visual impact, and requests that further screening be provided in such a way that does not increase the fire risk of the area.

Concern in regarding to location of

the driveway, as well as the large area provided for visitor parking. Concern that the chalet will be used by large groups for wedding, parties etc.

It is to be noted that the initial scheme amendment did not provide an envelope or chalet size explicitly, rather it has introduced the use into the Scheme which would revert to the development standards provided for Chalets in the Scheme, as well as compliance with the provisions of the landscape study applicable to the site, both of which are discussed further in the report. Screening is proposed in a manner consistent with the existing development guide plan and with the 2007 Landscape Study. The driveway location is consistent with the original Development Guide Plan. The chalet is limited to one bedroom which is consistent with the Scheme provisions. A limitation of two guests or one family will be placed on the approval.

Landowner 2

Supportive of the proposal subject to the proposal being constructed as shown on the plans provided. Specifically, heights of structure etc.

Noted. Standard condition will be enclosed on the development approval which will restrict development to being in accordance with the approved plans.

Landowner 3 Objection. Concern in respect to reduced proximity of development to dwelling. Contrary to mandate of initial subdivision which provided separation of dwellings from one another. Concern of impacts associated with increased noise, activity visitors and commercial activity.

This aspect is discussed further in the planning comment section of the report.

Department of Fire and Emergency Services

The proposal and associated Bushfire Management Plan (BMP) have been assessed and is considered consistent with the objectives and principles of the State’s ‘Guidelines for Planning in Bushfire Prone Areas, WAPC 2015. As such, the BMP dated March 2017 (V3.0) is acceptable and DFES raises no objection to the proposal subject to the following. The subdivider implementing, to the satisfaction of the DFES and the local government, the BMP dated March 2017 (V3.0) which is applicable to the subject land. The DFES acceptance is for the lots and other endorsements shown on the current proposed Subdivision Plan represented within the submitted BMP only, and therefore any subsequent variation to the plan may render this invalid.

Noted.

Emergency Services (Shire)

Comment that the fire management plan appears compliant with the Planning in Bushfire Prone Areas & Appendices. Consideration should be given for an appropriate evacuation plan for the chalet that is made available for all patrons.

Noted.

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? ☐ Yes √ No Are there any compliance issues in relation to existing development? ☐ Yes √ No R Codes Are R Codes applicable? ☐ Yes √ No Development Standards (Local Planning Scheme No.1) Are the development Standards applicable? √ Yes ☐ No

Officer Comment General Standards The setback requirements for the Rural Residential zone have been assessed below as follows:

Requirement Provided Plot Ratio 0.1 0.08 Front Setback 30m >30m Side Setback 10m 27m Rear Setback 10m 20m

Based on the above the proposal is compliant with Local Planning Scheme No.1. Development of Chalets Clause 5.7 of the scheme provides a generic requirement across all zones for a 150m² floor area limitation on Chalets. The proposal comprises a floor area of 125.5m² and is consistent with this requirement. Schedule 2 The additional use requirements are set out at Schedule 2:

Requirement Comment The additional use to comprise a maximum of single-bedroom chalet.

Complies.

The location of the chalet shall be in the area of the site as depicted on the development guide plan as approved by the WAPC, or other subsequent Local Development Plan approved by the local government, in accordance with the process set out in Part 6 of the Deemed Provisions.

Modified Local Development Plan subject of current assessment.

Chalet development shall be designed addressing the relevant recommendations of the landscape assessment report appended to the Scheme amendment report document to the satisfaction of local government.

Refer to discussion in officer comment section below. A specific recommendation of the Landscape Study was that development should not exceed over 3m in height above the slab. Through revised plans submitted a dry laid stone wall has been depicted projecting above the 3m limitation. This wall will be deleted from the approval and need to modified to reflect this requirement at the building permit stage.

Prior to the development of the chalets, design details shall be provided with respect to the following: a) the access and parking for the proposed use so as to minimise impact on neighbours; b) details of the proposed water supply, effluent disposal and provision of other services in a manner so as to minimise impact on the landscape and environment; c) In relation to effluent disposal a suitable Alternative Treatment Unit shall be designed taking in to account the recommendations of the Effluent Disposal Investigations report attached to the Scheme Amendment Report document. Effluent shall be disposed in a suitable disposal area in the manner as recommended in the report.

This has predominantly been assessed through the preparation of the original detailed area plan, however specifics pertaining to effluent disposal and water connections (reticulated water available) will be determined at the as a part of the building permit assessment.

Landscaping and other site treatments to complement and assist in screening the development. Landscaped screening is required in the areas shown on the Development Guide Plan.

Landscape screening proposed in accordance with recommendations of 2009 landscape study.

Car Parking LPS1 / R Codes Requirement

Car Bays Required - 1 Car Bays Proposed - 2

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply Turning Bay/Circles and vehicle maneuvering √ Complies ☐ Doesn’t Comply

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

In accordance with Schedule 8 of Local Planning Scheme No.1 the parking requirement for Chalets is 1 space per chalet plus 1 visitor parking space for every 4 chalets.

Building Height Scheme / Policy Requirement Wall - 7m Roof - 8m State the proposed building height Wall - 3m

Roof - 3m


Clause 67 C. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the


There are two key changes from the 2009 proposal, which relate to the orientation/location of the chalet, and the size of the overall foot print being developed. These aspects have been discussed further below. Orientation/Location In respect to the orientation of the chalet, the current position was required by the WAPC through the Scheme Amendment process in order to provide for increased northern access. In respect to the impact that would be experienced by the adjoining properties, the proximity to Lot 4 (to the north) has decreased by 10m from that proposed in 2009, however it is considered that the proposal will result in a reduced impact overall. The previous orientation resulted in a wider elevation being visible from Lot 4, likewise there would likely have been more direct overlooking of the adjoining property given the orientation of the premises. The revised orientation will result in a smaller elevation being visible from Lot 4 and results minimal direct overlooking of the adjoining property. The additional outdoor dining area which was not included in the 2009 proposal is being excavated into the slope and will have a negligible impact on the adjoining property. In addition to the above, landscape screening is being applied to the boundary, which will further aid with minimising impacts associated with the development. It is to be noted that Lot 4 is not yet developed, and is likely to have an orientation toward the north east to capture the substantial views the location offers; in this regard the new location of this chalet is unlikely to significant impact on the adjoining property. In respect to Lot 5 to the west, the change from the 2009 proposal is considered to be negligible given the chalet is to be located further from the dwelling and the landscape screening required as a part of the 2009 proposal will be retained. The applicant has also changed the garage to be a carport, which will have lesser impacts in terms of built bulk given the open construction of the proposal. Footprint As discussed previously, the initial Scheme Amendment did not provide a specific envelope or chalet size. The landscape strategy refers to a 100m² footprint and did not include reference to ancillary structures. Notwithstanding the location which was considered in the landscape assessment was considerably different to that eventually approved (see figure 2 below).

Figure 2 – Location of Chalet assessed though Landscape Study

In response to the concerns that have been raised through consultation the applicant has changed the garage to a carport and reduced the hardstand area initially proposed by including landscaping. In determining the appropriateness of the current proposal, the 2009 landscape study provided the following essential criteria for assessment, which are discussed further below:

Criteria Comment The building must not be visible from the houses on adjacent lots 1,2,4 and 5;

Through screen planting in locations determined by the 2009 landscape study and current Detailed Area Plan, visibility of the development will be limited. It is considered that revised location is less obtrusive than that assessed in 2009.

The significant components of the view from the house on Lot 1 must be maintained. The significant components are the river, the ocean and Cape Mentelle ridge.

Views from Lot 1 will not be interrupted. Impacts on Lot 1 are significantly reduced through the current location as opposed the that assessed in 2009.

Vehicle access to the building must be from the west of the remnant woodland on Lot 3 and screened from Lot 5 and the battle-axe driveway to Lot 4.

The access arrangements have not changed as a part of the current proposal. Likewise, landscape screening being proposed is consistent with that required by the 2009 landscape study and current Detailed Area Plan. This will be reinforced through a condition of planning approval.

Given that the proposal remains consistent with the key criteria provided in the 2009 landscape study, it is considered that the proposal is capable being supported.

D. In the opinion of the officer: vi. Are utility services available and


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

Yes, some vegetation modification is required in order to comply with AS-3959 however this would be required irrespective of the revised chalet position proposed.

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. A Bushfire Management Plan has been provided and endorsed by the Shire and the Department of Fire and Emergency Services. Compliance with AS3959 will need to be demonstrated at the building permit stage.


The proposal is considered to be consistent with the relevant requirements of the Shire’s Town Planning Scheme No.1 and is recommended for approval subject to conditions.

OFFICER RECOMMENDATION That the Manager Planning and Development Services GRANT: A. Approval to amend the Local Development Plan under Delegated Authority Instrument No.16 pursuant

to clause 59 of the Deemed Provisions of Local Planning Scheme No.1, subject to the following modifications:

1. Replacement of text contained under the heading ‘Application of Local Development Plan’ as follows:

“Local Development Plan Lot 3 Saint Alouarn Place, Margaret River. 1. The provisions of the Shire of Augusta Margaret River Local Planning Scheme No.1 are varied as

detailed within this LDP. 2. All other requirements of the Local Planning Scheme shall be satisfied in all other manners”.

2. Delete heading ‘Residential Design Code’ and associated text. 3. Insert heading ‘Fire Management’ and the following text: “Development shall be undertaken in

accordance with an approved Bushfire Management Plan and shall be constructed at a BAL-29 rating in accordance with Australian Standard 3959”.

4. Insert the following text under the heading ‘Approval’: “This LDP has been approved by the Shire under

clause 59 of the Shire of Augusta Margaret River Local Planning Scheme No.1”.

5. Insert the following text at Annotation 1: “Chalet Footprint, 125.5m², maximum 3m ridge height above

finished floor level”. 6. Delete annotation 2 ‘approved chalet envelope’. 7. Renumber annotation 3 to 2, and insert the following text: “Proposed open carport, 15m² lockable store,

maximum 3m ridge height above finished floor level”.

8. Renumber annotations 4 and 5 to 3 and 4 respectively.

9. Delete annotation 6 ‘asset protection zone, 20m zone surrounding proposed chalet. Vegetation modified to a rating of BAL-29.

B. Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the

Deemed Provisions of Local Planning Scheme No. 1 for a Chalet at 16 (Lot 3) Saint Alouarn Place, Margaret River subject to compliance with the following conditions:

CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below and



P1 – P4 received at the Shire Offices on the 31 March 2016

2. If the development, the subject of this approval, is not substantially commenced within two (2) years

from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. A Landscape Plan shall be prepared to the satisfaction of the Shire and be submitted to the Shire prior to the commencement of development (Refer to advice note ‘b’).

4. Landscaping shall be implemented in accordance with an approved landscaping plan prior to occupation/use of the development and shall be maintained thereafter to the satisfaction of the Shire.

5. The building shall not exceed a datum height of 42m. (P)

6. The Chalet shall only be used for short stay accommodation. Short stay means tourist accommodation set aside either continuously or from time to time for temporarily living purposes but which are not occupied by the same person or group of persons for a period in excess of three (3) months in any one 12-month period. The Chalet shall not be used for permanent residential purposes. (P)

7. The Emergency Response Plan and Fire Management Plan shall be displayed in a conspicuous location within the development. (P)

8. The total number of guests shall not exceed 2 persons or one family at any one time. (P)

9. A Manager shall be nominated, prior to the commencement of the short stay use and shall be retained at all times. The Manager shall reside permanently within a 1-hour drive of the site. The 24-hour contact details of the Manager and landowner shall be provided to the Shire prior to commencement of the use. (P)

10. ‘House Rules’ shall be developed prior to the commencement of use. Thereafter the ‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Chalet. (Refer advice note ‘d’) (P)

11. The Bushfire Management Plan (Version 3 dated March 2017) shall be implemented prior to the commencement of the use, and thereafter maintained to the satisfaction of the Shire.

12. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River Standards & Specifications. (I)

13. Crossover shall be designed, constructed and sealed in accordance with the Shire's standards and specifications.

14. The Chalet hereby approved shall be constructed at a BAL-29 rating in accordance with Australian Standard 3959.


(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority

before any work commences on site as per the Building Act 2011; (ii) Health Act 1911 and Department requirements in respect to the development and use of the

premises; and (iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this

property.

b) The landscaping plan shall show the following: (i) The location, name and mature heights of existing and proposed trees and shrubs and ground

covers as recommended in the Cape to Cape Landcare Companion; (ii) Any natural landscaped areas to be retained; and (iii) Those areas that are to be reticulated or irrigated are demonstrated to be designed using water

sensitive principles.

c) In respect to condition 5, the dry laid limestone wall shall be modified to conform with the height requirements of the Scheme as a part of the building permit application.

d) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday Houses (please refer to the attached document). (P)

e) An Aerobic Treatment Unit approved by the WA Department of Health for the onsite treatment and

disposal of wastewater shall be provided for this development prior to occupation – application to be made to the Local Government. (EH)

An apparatus for the onsite treatment and disposal of wastewater shall be installed in accordance with Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974 and the Code of Practice for the Design, Manufacture, Installation and Operation of Aerobic Treatment Units (ATUs) Serving Single Dwellings, November 2001 to the satisfaction of the Local Government and the Department of Health. (EH)

f) The development is to provide a potable water source in accordance with Shire of Augusta Margaret River Health Local Laws 1999. (EH)

g) Planning approval will not be issued until the Local Development Plan is endorsed.


Proposed Dwelling and Ancillary Dwelling – 21 (Lot 71) Barrett Street, Margaret River Major (Level 2) P216737; PTY/3451

REPORTING OFFICER : Matt Slocomb DISCLOSURE OF INTEREST : Nil

General Information Lot Area 800m² Zone Residential R15 Proposed Development Planning approval is sought to construct a dwelling, ancillary dwelling at

the subject site. Planning approval is required for the proposal as the applicant is seeking discretionary decisions pertaining to lot boundary setbacks and visual privacy.

Permissible Use Class ‘P’ – Permitted Heritage/Aboriginal Sites Nil Encumbrance Nil Date Received 13/12/2016

Policy Requirements Is the land or proposal referred to in any Council Policy? ☐ Yes √ No Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? ☐ Yes √ No 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 Have agency or authority comments been received? ☐ Yes √ No ☐ N/A Has the application been referred to internal departments? √ Yes ☐ No ☐ N/A Name Nature of Submission Officer Comment

C & L Todhunter (Owner of western adjoining property)

No objection to the listed variation to the Residential Design Codes. Concern in respect to setback of Ancillary Dwelling, given that it is less than other development in the street and will be inconsistent with the streetscape and will impact views from the dwelling.

Noted. Proposal is compliant with Deemed to Comply standards of Design Element 5.1.2 C2.1 (refer to R-Code assessment below).

Emergency Services Supportive of Bushfire Management Statement submitted.

Noted.

Assessment of Application Is the land referred to 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 Req

Provided Officer comment

Front Setback 6m 6m Averaged

Area of Intrusion: 19.72m² Compensating Area:20.39m²

Side Setback Ancillary Dwelling – East

1m 1m Complies

Side Setback Ancillary Dwelling – West

1.5m 3.198m Complies

Side Setback Main Dwelling – East (Ensuite)

1m 1m Complies

Side Setback Main Dwelling – East (Balance)

1.5m 1.5m Complies

Side Setback Main Dwelling – West (Balance)

1.5m 8.1m Complies

Rear Setback 6m 4.15m See Comment Below

Garage/Carport Setback 4.5m >4.5m Complies Driveway Width 6 – 9m 5.8m Complies Garage Width 50% 22% Complies Open Space Requirement 50% 67% Complies Overshadowing 25% Nil Complies Ancillary Dwelling Floor Area 70m² 63.3m² Complies Upgrade Landscaping ☐ Required √ Not Required Overlooking √ Yes ☐ No Street surveillance √ Yes ☐ No Street Walls and Fences √ Yes ☐ No Energy efficiency/solar access ☐ Yes √ No Other Variations √ Yes ☐ No Officer’s Comments against performance criteria

Lot Boundary Setbacks The applicant has proposed the southern elevation at 4.15m in lieu of 6m as required in accordance with table 1 of the Residential Design Codes. Given the elevation is single storey and the dwellings located to the south are elevated approximately half a metre or more above the subject site, impacts associated with building bulk are anticipated to be limited. The variations will not result in the restriction of access to direct sun and ventilation to the adjoining properties and given that the main outdoor living is located on the northern side of the dwelling impacts associated with visual privacy are considered to be negligible. In addition to the above, the applicant has proposed a boundary wall which is to be located to the western boundary of the site, to which there is no specific deemed to comply requirements for properties zoned R15. The wall is not located adjacent to the adjoining dwelling and given its size it is not anticipated to have bulk and scale impacts. The wall will not impact on privacy between the properties and the adjoining owner has indicated a preference for a nil setback as opposed to 1m as initially proposed. Visual Privacy The cone of vision intrudes into the eastern adjoining property from part of bedroom one, part of the kitchen and the pergola (outdoor living area). The applicant is proposing to provide vegetative screening along the eastern elevation which will minimise direct overlooking of the adjoining property which is consistent with the Performance Criteria of the R-Codes. The proposal was advertised to the eastern adjoining property owner who did not object to the proposal. A condition will be included that will require the vegetation to be planted prior to occupation and maintained thereafter. Should the vegetation not provide for sufficient screening or die it should be replaced with alternative screening to the satisfaction of the Shire.


Car Bays Required – 3 Car Bays Proposed – 3

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 - 7m Roof - 8m State the proposed building height Wall – 3.63m

Roof – 4.04m


Clause 67 C. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the


Yes.

D. In the opinion of the officer: xi. Are utility services available and


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

N/A

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

N/A

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

No.

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

Yes. BAL assessment has been provided which has rated the dwelling from BAL40 – BAL29 as well as an accompanying bushfire management statement. The applicant will need to demonstrate compliance with AS3959 at the building permit stage.


The discretionary components of the proposal are considered to meet the relevant performance criteria provided under the Residential Design Codes, accordingly the proposal is recommended for conditional approval.

OFFICER RECOMMENDATION That the Statutory Planning Coordinator GRANT 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 and Ancillary Dwelling at 21 (Lot 71) Barrett Street, 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



P1 – P11 received at the Shire Office on the 13 January 2017



3. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or

disposed offsite by an approved connection to the Shire's drainage system. (I)

4. Vegetative screening along the eastern boundary as depicted on plan P5 shall be put in place prior to occupation of the development and maintained thereafter to the satisfaction of the Shire. Should the vegetation not restrict direct overlooking then a privacy screen shall be provided in accordance with the provisions of the R-Codes and to the satisfaction of the Shire’s Planning Services (P)

5. The wall 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.

ADVICE NOTES h) You are advised of the need to comply with the requirements of the following other legislation:





Proposed Holiday House (Large) - 12 (Lot 5) Percy Street Gracetown Major (Level 2) P217123; PTY/1804


General Information Lot Area 1011m² Zone Residential R15 Existing Development √ Single House

☐ Grouped Dwelling Nature of application √ New application

☐ Renewal Proposed use Planning approval was initially sought to use the dwelling as a Holiday

House (Large) for up to ten (10) guests. As a result of the comments from the Shires Environmental Health Department in regards to the upgrade of the onsite services, the guest numbers have been reduced to 6.

Permissible Use Class ‘A’ – discretionary use Advertising Required √ Yes ☐ No Reason not exempted from planning approval?



Planning History


√ Yes ☐ No

Have there been any objections? √ Yes ☐ No Comments Received Nature of Submission Comments Received Officer Comment Objection - Neighbour has watched and

listened to noise and disturbance every weekend given there are two Holiday Houses on Percy Street.

- The manager of the proposal has advised that strict conditions are applied to guests to ensure that guests are well aware of the implications of noise and disturbance to neighbouring residences. If other Holiday Houses

- The thought of this continuing is

horrifying. - Our quiet enjoyment is lost, not to

mention the invasion of our privacy.

- This will allow a party’s every

Friday and Saturdays.

are causing a nuisance, a complaint should be directed to the manager of those particular properties.

- This house is not currently being used as a Holiday House, and a 12-month approval will allow the manager to demonstrate their ability to manage to the property.

- There are many provisions in place to ensure the Holiday House does not cause a disturbance to neighbours, and this advice has been provided to the objector.

- The manager has provided a copy of the guest booking conditions, which includes specific provisions about noise, and the noise regulations. The conditions are very specific, and indicate that noise complaints can result in the termination of the booking.

Policy Requirements Policy Element Provision Comment 1. Location

Coastal settlement; or √ 2. Occupancy

Does the proposed number of guests 6 comply with the acceptable development criteria?

√ Yes ☐ No

3. Amenity Have there been any complaints since previous approval?

☐ Yes ☐ No √ N/A

Complies with the objectives and provisions of the zone?

√ Yes ☐ No

4. Design Is the dwelling of sufficient size to cater for intended number of guests?

√ Yes ☐ No

Is the dwelling sufficiently serviced to cater for intended number of guests?

√ Yes ☐ No

Sufficient potable water supply?

√ Yes ☐ No Onsite water is provided within a 120,000L tank.

Sealed Crossover √ Yes ☐ No

5. Management Emergency Response Plan and Fire Management Plan submitted?

√ Yes ☐ No

Management Plan submitted? ☐ Yes √ No (an example of one has been provided only)

No amplified music between 10pm & 10am Require as a condition Display the manager’s 24hr contact details Require as a condition

6. Period of approval √ 12 months ☐ 3 years


The concerns of the neighbours have been taken into consideration, but it is felt that the manger has addressed the neighbour’s comments and a 12-month approval is recommended.

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 Holiday House (Large) at 12 (Lot 5) Percy Street, Gracetown 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


Plans and Specifications P1 to P2 received at the Shire on the 16 February 2017

2. The Holiday House use is limited to a period of twelve (12) months from the date of this approval. (P) (Refer

to advice note ‘a’)

3. The Emergency Response Plan and Fire Management Plan shall be displayed in a conspicuous location within the development at all times. (P)

4. A Manager or a contactable employee of the Manager that permanently resides no greater than a 1-hour

drive from the site shall be nominated for the residential building and this person shall attend to any callout within 1 hour of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as residential building. (Refer advice note ‘b’.) (P)

5. The 24-hour contact details of the Manager and the owner of the Holiday House shall be visible on the

property from the nearest street frontage and shall be maintained at all times to the satisfaction of the Shire. (Refer advice note ‘c’). (P

6. The short stay use of the dwelling shall not be occupied by more than six (6) people at any one time (refer

to advice note ‘d’) (P) 7. Amplified music shall not be played outside of the Residential Building between the hours of 10pm and

10am. 8. All vehicles & boats connected with the premises shall be parked within the boundaries of the property. (P) 9. ‘House Rules’ shall be developed prior to the commencement of use. Thereafter the ‘House Rules’ shall

be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer advice note ‘f’.) (P)

ADVICE NOTES: a) Following satisfactory performance of the approved use, and in the absence of any substantiated complaints

over the twelve (12) month approval period, the Shire may grant further planning approval for the continuation of the use for a further three (3) years. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee. (P)

b) In relation to condition 5, if at any time there is not an appointed manager or a contactable employee of the

manager for the site, the use must cease until such time as a manager is appointed. (P) c) A sign, limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from ground

level, may be erected within the property frontage of the strata lot. (P) d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. (P) e) You are advised of the need to comply with the requirements of the following other legislation:

i. Health Act 1911 and Department requirements in respect to the development and use of the premises; and

ii. The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the Building

Code of Australia) must not make the dwelling available for hire unless hard wired, battery backup smoke alarms are installed, complying with the Building Code of Australia and AS3786.


(please refer to the attached document). (P)


Proposed Holiday House (Large) - 805 (Lot 3) Redgate Road Witchcliffe Major (Level 2) P217135; PTY/832


General Information Lot Area 3ha Zone Leeuwin Naturaliste Ridge Existing Development √ Single House

☐ Grouped Dwelling Nature of application √ Renewal Proposed use A planning application has been received for the renewal of the Holiday

House (Large) use at 805 (Lot 3) Redgate Road. As previously approved, the existing dwelling is to be used to accommodate up to 8 short stay guests at any one time. The existing management arrangements are to be retained and the duration of the approval sought in this case is 5 years.

Permissible Use Class ‘A’ – discretionary use Advertising Required √ Yes Reason not exempted from planning approval?



Planning History A 3 year approval (P214001) was issued on 25/2/14 for a holiday house for 8 number of guests.

Is the application same as previous?

√ Yes ☐ No


√ Yes ☐ No

Have there been any objections? ☐ Yes √ No Have there been any complaints over the recent period of approval?

☐ Yes √ No

Have there been any substantial changes to the LPS1 or Policy?

☐ Yes √ No

Submissions Received

Nature of Submission Comments Received Officer Comment

Neighbour Indifferent

- Previous and current application has no implications on us.

- There has only been one occasion of prolonged and excessive noise coming from the property and we advised the owners of this.

- The house is located alongside an active / working lime stone quarry.

- The Shire and applicants must be aware of truck movements alongside the Holiday House entrance.

- We would like clients of the Holiday House notified of the truck movements during the booking process.

- A dust monitor has bene situated on the boundary between the properties as requested through the DER process.

- Dust monitor has recorded dust spikes, due to wind direction at that time show it has come directly from their access leading to the Holiday House.

- The quarry has been held responsible for dust coming off our road, however, the applicants must also acknowledge the increase in potential dust being generated from the increased traffic on the access road by their clients.

- We would like to see a (10kph) on their access road to limit dust, which in turn affects our dust monitors.

- We have no problems with the owner wishing to extend their rental of the Holiday House.

It is the responsibility of the owner to advise guests of potential impacts due to the neighbouring land use. It is not considered that the proposed holiday house will have any adverse impacts on the adjoining lime pit operations. The development approval for the dwelling was is subject to a condition requiring the placement of a notification on the Certificate of Title to inform future landowners of the amenity impacts of the adjoining extractive industry. The proponent has not acted on this condition, and has been reminded of the need for this to be undertaken. An advice note is recommended to remind the proponent of this specific condition of development approval.

Neighbour Object

- Be it on the Shires head with two extractive lime pits on either side of the dwelling, there will be complaints from the short term rentals.

- The Shire has allowed this proposal to go ahead.

Noted (see comments above). This is the second renewal application for a holiday house on this site. The Shire has not received any complaints from guests over the past 4 years.

Neighbour Object

- Adjoins Redgate Lime, it would have to much controversy over a Holiday place, it’s too close to an approved extractive industry.

The owner was aware of the existing lime pits prior to purchasing the site. These nuisances would still exist if the site was used as a dwelling. It is the applicant’s choice to rent the dwelling as a Holiday House, and to advise guests of the neighbouring land uses. Also, see above comments.

Recommended period of approval

☐ 12 months ☐ 3 years √ 5 years


The comments and concerns from the neighbours are taken into account. The concerns raised are similar to the concerns raised by the neighbours with the previous planning approval for a 3-year term. It is the applicant’s choice to make the dwelling available for short stay accommodation, and to advise guests of the neighbouring land uses. Planning approval for 5 years is recommended.

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 Holiday House (Large) at 805 (Lot 3) Redgate Road Witchcliffe 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


Plans and Specifications P1 to P2 received by the Shire on 21 January 2014

2. The Holiday House use is limited to a period of 5 years from the date of this approval. (P) (Refer to advice

note a) 3. A Manager or a contactable employee of the Manager that permanently resides no greater than a 1-hour

drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note b) (P).

4. The 24-hour contact details of the Manager and owner of the Holiday House shall be visible on the property

from the nearest street frontage and maintained to the satisfaction of the Shire. (P) 5. All vehicles & boats connected with the premises shall be parked within the boundaries of the property. (P) 6. The short stay use of the dwelling shall not be occupied by more than 8 people at any one time. (P) 7. An Emergency Response Plan and Fire Management Plan shall be displayed in a conspicuous location

within the development at all times. (P) 8. Amplified music shall not be played outside of the holiday house between the hours of 10pm and 10am. 9. ‘House Rules’ shall be developed prior to the commencement of use. Thereafter the ‘House Rules’ shall

be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer advice note f) (P)

ADVICE NOTES a) A new planning application seeking approval should be submitted 90 days before the expiry of this approval,

along with the appropriate planning fee. (P) b) If at any time there is not an appointed manager or a contactable employee of the manager for the site, the

use must cease until such time as a manager is appointed. (P) c) A sign limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from ground level

may be erected at the property frontage and within the property. (P) d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. (P) e) You are advised of the need to comply with the requirements of the following other legislation:

(iii) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises.

(iv) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the



(please refer to the attached document). (P)

g) The proponent is reminded that the development approval for the dwelling was subject to a condition requiring the placement of a notification on the Certificate of Title to inform future landowners of potential amenity impacts from the adjoining extractive industry.


Proposed Holiday House (Large) at 14 (Lot 101) Wishart Road Augusta Major (Level 2) P217054; PTY/1613

REPORTING OFFICER : Angela Satre DISCLOSURE OF INTEREST : Nil

General Information Lot Area 1815m2 Zone Residential R15 SCA4 Existing Development √ Single House

☐ Grouped Dwelling Nature of application √ New application

☐ Renewal Proposed use Holiday House (Large) for up to 12 guests in the five bedroom three

storey dwelling Permissible Use Class ‘A’ – discretionary use Advertising Required √ Yes ☐ No Reason not exempted from planning approval?


Heritage/Aboriginal Sites N/A Encumbrance N/A Date Received 23/01/2017 Date of Report 03/04/12 (DAU meeting 4/4/17)

Planning History Planning approval (P29363) was issued on 27/01/10 for the Dwelling. Is the application same as previous?

☐ Yes ☐ No √ N/A


√ Yes ☐ No

Have there been any objections? √ Yes ☐ No Comments Received Nature of Submission Comments Received Officer Comment Objection from nearby land owner.

Objection due to: noise already from loud

music & raised voices until late at night & vehicle movements; &

cars being parked on the verge.

Concern that approval for 12 guests will create adverse impacts to the amenity of the area particularly due to the elevation of the dwelling and noise affecting lower lying residences in the locality.

In response to the concern raised the proponent advises the following: The property will have a local

manager; Booking terms & conditions are

required to be followed; Outdoor music or entertaining after

10pm is not permitted, Noise complaints will result in bond

deduction and possible eviction. A security bond of $2,500 will be

taken for each booking; Guests will be met by the local

caretakers; & The dwelling & parking area is of

sufficient size to accommodate the proposed 12 guests.

While the concerns regarding the previous activities on site are noted, it is considered that the use can be managed to mitigate impacts to neighbours such that a 12-month approval is considered appropriate.

Policy Requirements Policy Element Provision Comment 6. Location

Coastal settlement; or √ Adjoins fronts or is within an area of “significant tourist attraction”; or

☐

Does not adjoins, fronts or is within an area of “significant tourist attraction but exceeds 1000m² in area.

☐

R2.5 and R5 coded lots not sharing boundaries with more than 3 lots.

☐

Does the proposed Holiday House (Large) in an urban area meet the zoning and or location requirements under AD1.4 of the policy?

☐

R30 density code or lower for Holiday Houses within grouped dwellings.

☐

None of the Above ☐ 7. Occupancy

Does the proposed number of guests (12) comply with the acceptable development criteria?

√ Yes ☐ No

8. Amenity Have there been any complaints since previous approval?

☐ Yes ☐ No √ N/A No complaints on file

Complies with the objectives and provisions of the zone?

√ Yes ☐ No

For Holiday House (Large), is sufficient information provided to assess potential impacts on local amenity.

√ Yes ☐ No

9. Design Is the dwelling of sufficient size to cater for intended number of guests?

√ Yes ☐ No

Is the dwelling sufficiently serviced to cater for intended number of guests?

√ Yes ☐ No

Sufficient potable water supply?

√ Yes ☐ No Reticulated water

Sealed Crossover √ Yes ☐ No

10. Management Emergency Response Plan and Fire Management Plan submitted?

√ Yes

☐ No Management Plan submitted? √ Yes

☐ No No amplified music between 10pm & 10am Require as a condition Display the manager’s 24hr contact details Require as a condition

6. Period of approval √ 12 months ☐ 3 years


Conditional approval is recommended.

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 Holiday House (Large) at 14 (Lot 101) Wishart Road Augusta 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


Plans and Specifications P1 – P10 received at the Shire offices on 3 February 2017.

2. The Holiday House use is limited to a period of twelve (12) months from the date of this approval. (P)

(Refer to advice note a). 3. An Emergency Response Plan (i.e. fire escape route maps and other details as required) and Fire

Management Plan shall be prepared and submitted to the Shire prior to commencement of the use. The Emergency Response Plan and Fire Management Plan shall be displayed in a conspicuous location within the dwelling at all times. (P)

4. A manager or a contactable employee of the manager that permanently resides no greater than a 1-hour

drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 1 hour of a reported incident. The manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer advice note b) (P)

5. The 24-hour contact details of the manager and owner of the Holiday House shall be visible on the property

from the nearest street frontage and maintained to the satisfaction of the Shire. (Refer advice note c) (P) 6. All vehicles & boats connected with the premises shall be parked within the boundaries of the property. (P) 7. The short stay use of the dwelling shall not be occupied by more than twelve (12) people at any one time.

(P) 8. Amplified music shall not be played outside of the Holiday House between the hours of 10pm and 10am. 9. ‘House Rules’ shall be developed prior to the commencement of use. Thereafter the ‘House Rules’ shall

be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer advice note f) (P)

ADVICE NOTES a) Following satisfactory performance of the approved use, and in the absence of any substantiated complaints

over the twelve (12) month approval period, the Shire may grant further planning approval for the continuation of the use for a further three (3) years. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee.

b) If at any time there is not an appointed manager or a contactable employee of the manager for the site, the

use must cease until such time as a manager is appointed. c) A sign limited to a maximum of 0.2 square metres and not exceeding 1.5 metres in height from ground level

may be erected at the property frontage and within the property. d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. e) You are advised of the need to comply with the requirements of the following other legislation:

i) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises;

ii) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the



(please refer to the attached document).


Proposed Retaining Wall & Boundary Fence Ancillary to Approved Dwelling at 35 (Lot 67) Georgette Road Gracetown Major (Level 2) P217120; PTY/72

REPORTING OFFICER : Angela Satre DISCLOSURE OF INTEREST : Nil

General Information Lot Area 941m2 Zone Residential R15 Proposed Development Demolition of existing retaining wall 2.75m-1.5m high with 900mm

high lattice balustrade atop; & Proposed retaining wall 2.496m-1.045m high with 900mm high

metal balustrade atop, 6.97m long. Heights are measured against original natural ground level as determined by a licensed land surveyor.

Permissible Use Class ‘P’ permitted with approval Heritage/Aboriginal Sites n/a Encumbrance Nil Date Received 16/02/2017

Policy Requirements Is the land or proposal referred to in any Council Policy? √ Yes ☐ No Local Planning Policy 4 – Boundary Fencing (LPP4): The proposed boundary fence in timber up to 2m above natural ground level (NGL), meets the acceptable development standards under LPP4. Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? ☐ Yes √ No Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: _______1______ Have agency or authority comments been received? ☐ Yes √ No ☐ N/A Name Nature of Submission Officer Comment

Nearby land owner

Objection: 1. Safety risks and structural instability of

the house. 2. Potential adverse impacts to existing

vegetation on adjoining Lot. 3. I ‘…wish the shire to enforce the height

limit’ and the proposal involves a variation to the deemed to comply standards under the Rcodes.

1. Justification from a Structural/Civil Engineer has been submitted demonstrating the need to replace the existing limestone retaining wall for the structural stability of the proposed dwelling on Lot 67. A copy of the justification from the engineer was provided to the submitter.

2. The proponent has advised that

“Works required will be carried out within Lot 67 and any vegetation to be removed will be within Lot 67”.

3. The proposed retaining wall height

variation has been assessed against and has been found to meet the

relevant design principles under the Rcodes. The proposed wall would abut the property boundary which is a minor (300mm) variation to the setback of the existing wall. It is noted that the proposed wall is lower in height than the existing wall and would adjoin a vegetated area that contains a water tank on the neighbouring site. This is not an active outdoor space and the proposal is not considered likely to be adverse to the amenity of the adjoining occupier.

The issues raised during the advertising period are considered to have been addressed notwithstanding conditions are recommended to be applied to any approval granted to ensure that the vegetation on the adjoining site is not removed as a result of the proposal.

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

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? ☐ Yes √ No Are there any compliance issues in relation to existing development? A compliance issue is recorded on the Shire’s records for this site. This matter has been resolved.

√ Yes ☐ No

R Codes Are R Codes applicable? √ Yes ☐ No

Design Element R Codes Req Provided Officer comment Front Setback 6.0m Nil n/a – the proposal meets

deemed to comply standards at clause 5.3.7 in relation to site works & the front boundary is Bell Street.

Retaining Walls 0.5m on boundary 2.496m Variation clause 5.3.8. Site Works 0.5m fill between

street & building 1.075m This variation is necessary to

provide vehicle access to the site & therefore meets acceptable development standards under clause 5.3.7 C7.1.

Driveway Width 6.0m 6.0m Complies Upgrade Landscaping ☐ Required √ Not Required Overlooking ☐ Yes √ No

The area to be retained is proposed to be used for parking. It is not an unenclosed active habitable space and proposal meets the deemed to comply provisions of the Rcodes at clause 5.4.1 in relation to privacy.

Street Walls and Fences ☐ Yes √ No Overshadowing ☐ Yes √ No Officer’s Comments against performance criteria

Clause 5.3.8 – The proposed retaining wall, up to 2.496m high, involves a variation to the deemed to comply standards at clause 5.3.8 Retaining Walls which provides a standard height guideline of 0.5m for retaining within 1m of a boundary. When assessed against the design principles the variation is considered acceptable with regard to:

The proposal would result in the provision of effective land and parking areas for the benefit of the occupiers of the proposed dwelling;

The proposed retaining wall abuts the vegetated front setback area on the neighbouring site which is developed with a water tank and is not used as an outdoor living area;

The retaining wall would be setback 5.8m from the neighbouring dwelling and is not an active outdoor habitable space but is instead proposed to be used for parking.

The proposal is unlikely to have adverse impacts to the neighbouring property subject to retention of vegetation on the neighbouring site during the construction of the wall. The proposed variation meets the design principles

under clause 5.3.8 and is considered acceptable. Conditions are recommended to be applied to any approval granted to ensure retention of vegetation on the neighbouring site.


Car Bays Required - <> Car Bays Proposed -<>

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 m Roof - 8m State the proposed building height Wall – 2.5m

Roof – 3.4m


Clause 67 E. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the


Yes – The proposed development is ancillary to an approved dwelling (P216417). The portion of retaining 16.1m long with fence atop is less than 0.5m high, meets deemed to comply standards under the Rcodes at clause 5.3.8, and is exempt from the requirement for planning approval pursuant to LPS1 clause 61 (1) (d). The fence atop the retaining wall meets the acceptable development standards under LPP4 and is exempt from the requirement for planning approval pursuant to LPS1 clause 61 (1) (d).

F. In the opinion of the officer: xvi. Are utility services available and

adequate for the development? n/a

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

The proponent has advised that “Works required will be carried out within Lot 67 and any vegetation to be removed will be within Lot 67”. A condition is recommended to be applied to any approval granted to ensure vegetation on the neighbouring property is not removed.

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

n/a

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

No

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

n/a


The proposal involves one variation to the deemed to comply standards of the Rcodes in relation to the height and setback of the retaining wall. The variation was referred to affected land owners and one objection was received. The issues raised in the objection are considered to have been addressed in the proposal. The proposal meets the relevant design principles. Conditional approval is recommended.

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 Retaining Wall Ancillary to Approved Dwelling at 35 (Lot 67) Georgette Road Gracetown 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



P1 – P3 received at the Shire offices on 1 March 2017.



3. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River Standards & Specifications. (I)

4. The wall 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. 5. During excavation or construction, vegetation on adjoining Lot 68 shall be retained and must not be

damaged by any works including the placement of fill, rubble, rubbish or any other material, nor is any removal, clearing or damage to occur to any vegetation on adjoining Lot 68.

6. Works are prohibited within the road reserve including any pruning or clearing of vegetation without prior

written approval of the Shire. (I) 7. The proponent shall submit and implement a Traffic Management Plan prepared by an accredited Traffic

Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works on or within the road reserve (including road). (I)





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