Proposed Ancillary Dwelling and Swimming Pool - Lot 150 ... · Swimming Pool - Lot 150 (No.16)...

Ordinary Meeting of Council 25 September 2019

3.7 PROPOSED ANCILLARY DWELLING AND SWIMMING POOL - LOT 150 (NO.16) WAYLEN STREET, GUILDFORD (DA314-19)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr Kiely declared an impartiality interest in Item 3.7 - Proposed Ancillary Dwelling and Swimming Pool - Lot 150 (No.16) Waylen Street, Guildford (DA314-19) by virtue that he is an executive of the Guildford Association and may have contributed to comments in regard to this matter.

KEY ISSUES

• Development approval is sought for an Ancillary Dwelling and Swimming Pool to be located on Lot 150 (No.16) Waylen Street, Guildford.

• The subject lot is zoned 'Urban' under the Metropolitan Region Scheme and 'Residential' under the City's Local Planning Scheme No.17.

• The subject site is within the Guildford Conservation Precinct and the existing Single House is registered on the Local Government Heritage Inventory and is conserved as part of this application.

• The application was referred to the State Heritage Office for comment. The Department noted that the proposed development was considered in the context of the identified cultural significance of the place and raises no concerns.

• The application was advertised for a period of 14 days by way of letter to selected properties within approximately 50m of the subject site and to the Guildford Association. During this time, three (3) submissions of objection were received, two (2) of which are from the same affected property address. The submissions raised concerns that the proposal was not in keeping with the development of the area, will be visually imposing on the adjoining properties through building bulk and will impact the visual privacy of the adjoining properties.

• The application is considered to generally comply with the requirements of the Guildford Conservation Precinct Local Planning Policy and State Planning Policy 7.3 - Residential Design Codes. A revision of the schedule of materials and colours is considered warranted in light of the existing development on the subject lot and within the street.

• Conditions of approval are required to be imposed in order to comply with State Planning Policy 5.1 - Land Use Planning in the Vicinity of Perth Airport and POL-C-096 - Guildford and South Guildford District Drainage Development Fund.


It is recommended that the Council resolve to approve the application for an Ancillary Dwelling and Swimming Pool to be located at Lot 150 (No.16) Waylen Street, Guildford, subject to conditions.

AUTHORITY/DISCRETION

Planning and Development (Local Planning Schemes) Regulations 2015

Council has discretion in accordance with clause 68(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 to determine an application for development approval by:

• Granting development approval without conditions; or

• Granting development approval with conditions; or

• Refusing to grant development approval

Local Planning Scheme No. 17 (cl. 10.3)

Council has discretion in accordance with clause 10.3 of the City's Local Planning Scheme No.17 (LPS17) to approve (with or without conditions) or refuse the application.

BACKGROUND

Applicant: Peter Banks - Granny Flat Masters Owner: Gregory Brooker and Cassandra Paterson Zoning: LPS17 - Residential MRS - Urban Strategy/Policy: POL-C-106 - Guildford Conservation Precinct

POL-C-096 - Guildford and South Guildford District Drainage Development Fund State Planning Policy 7.3 - Residential Design Codes State Planning Policy 5.1 - Land Use Planning in the Vicinity of Perth Airport

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House Lot Area: 1,080m² Use Class: Ancillary Dwelling (D)

DETAILS OF THE PROPOSAL

This application seeks development approval for an Ancillary Dwelling and Swimming Pool to be located on Lot 150 (No.16) Waylen Street, Guildford. The Ancillary Dwelling consists of an open plan kitchen, living and dining space, a utility room and an upstairs bedroom. The plot ratio area of the ancillary dwelling is 53.71m². A 17.67m² swimming pool and a deck area are also proposed as part of this application. The proposed development is to be located in the north eastern corner of the property and involves the removal of an existing shed.


DESCRIPTION OF SITE

The subject lot is located on the eastern side of Waylen Street in Guildford, with an area of 1,080m². The site has an existing Single House and incidental structures such as a carport, pergola, sheds and playhouse.

The existing dwellings within the street are a combination of both single and two-storey. Construction materials include brick, weatherboard or a combination of both with metal sheeting on the roofs.

On Lot 8 (No. 68) Swan Street, opposite the subject lot, there is an existing, approved two-storey development consisting of a garage and habitable loft visible from the street. The development is considered similar in style and is constructed of similar materials to that the subject of this application.

SITE HISTORY/PREVIOUS APPROVALS

DA-479/2012 - Carport

DA-242/2012 - Workshop/Outbuilding

DA-494/2010 - Boundary Fence

DA-3585/1987 - Extension

PUBLIC CONSULTATION

Public consultation was carried out in the following manner:

Duration: 14 days between 10 July and 24 July 2019.

Method: A letter to all landowners within approximately 50m of the subject site and the Guildford Association. In addition to this, the application was placed on the City's website.

Submissions Received: A total of three (3) submissions of objection were received, two (2) of which are from the same affected property. The concerns raised suggest that the design is not in keeping with the existing house nor the development of the area and that the second storey will overlook into the adjoining properties having a negative impact visually and on privacy.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

State Heritage Office

In accordance with the Heritage Act 2018, all applications within the Guildford Historic Town are required to be referred to the Department of Planning, Lands and Heritage for advice. The Department noted that the proposed development was considered in the context of the identified cultural significance of the place and raises no concerns.


DETAILS

Zoning and Permissibility of Use

The subject property is zoned 'Urban' under the Metropolitan Region Scheme (MRS) and 'Residential' under the City's Local Planning Scheme No.17 (LPS17).

An 'Ancillary Dwelling' is a 'D' discretionary land use within this zone and is therefore capable of approval.

State Planning Policy 7.3 - Residential Design Codes of WA (R-Codes)

The proposal was assessed and considered to be compliant with the deemed-to-comply and design principles of the provisions of the R-Codes and those provisions within the Guildford Conservation Precinct Policy that override the R-Codes. During the public consultation period, concern was raised that the proposal would impose on the visual privacy of both No.60 Swan Street (neighbouring property to the east) and No.64 Swan Street (neighbouring property to the south).

In accordance with the Guildford Conservation Precinct Policy, the side setbacks are to be in accordance with the existing streetscape, whilst the rear setback is to be in accordance with those recommended for R20 in the Residential Design Codes. The eastern (rear) façade is setback 1.2m which is compliant with the requirements of the R-Codes. The southern (side) façade is setback 1.2m which is setback greater than the existing Single House and incidental structures and is considered generally consistent with the setbacks of development within the street.

Visual privacy is calculated from a major opening or an unenclosed outdoor active habitable space on a second storey.

The window on the eastern façade of the ancillary dwelling (proposed elevation 3), facing the objector's property opens to a stairwell and is to be glazed in an obscure material. The window is not a major opening and therefore will not impact on the adjoining property to the east by overlooking.

The window on the southern façade of the ancillary dwelling (proposed elevation 4), facing the objector's property is considered a dormer window, opening to a void. Overlooking to the adjoining property to the south is therefore not possible. It should be noted that if the subject window were a major opening, the requirement under the R-Codes is such that the window is setback 4.5m from the lot boundary. The ancillary dwelling is proposed to be set back more than 25m from the southern property boundary.

POL-C-106 - Guildford Conservation Precinct Local Planning Policy

The proposal was assessed against the requirements of the Local Planning Policy for the Guildford Conservation Precinct. The development was found to meet all of the Acceptable Development Provisions with the exception of the double storey element, form of the windows and the colours and materials. The variations to the Acceptable Development Provisions are discussed below.

Size, Scale and Bulk

During the public consultation period, concern was raised that the proposal would have a detrimental impact on the existing streetscape and adjoining properties in relation to size, scale and bulk. The acceptable development provisions pertaining to the double storey element are as follows:


Clause 5.1.2 (b)(i) - Double storey elements setback behind the front building line, may be approved where sympathetic, and in scale with, development in the context.

Clause 5.2.2 Form

(a) - New buildings shall respond to and reinforce existing characteristics

(b) - Windows shall have a vertical emphasis

Where the Acceptable Development provisions for the elements of Scale or Size and Form are not met, applications must satisfy the Performance Criteria:

Scale or Size: "Residential development shall respect the predominant scale (height, bulk, density and pattern arrangement) that is characteristic of development in its context and shall not have an adverse visual impact on it."

Form: “Residential development shall be sympathetic to the predominant form of development in the context and in the case of additions, to the existing building.”

With respect to the above, the Policy defines 'bulk', 'context' and 'scale' as follows:

"Bulk means the combined effect of the arrangement, volume, and shape of a building or group of buildings. Generally refers to structures which in their context appear relatively large".

"Context means the specific character, quality, physical, historic and social context of a building’s setting and may, according to circumstances, be a group of buildings, a part of a street, whole street, part of a town or the whole town".

"Scale means the size of a building or addition and its relationship with surrounding buildings, the existing building in the case of an addition, or the streetscape".

It is considered that the proposed development is consistent with the above Performance Criteria for the following reasons: • The development generally appears as single storey from the street. The ancillary

dwelling is to be located behind the existing single house and the existing mature tree.

• In terms of bulk, the total footprint of the proposed development is 37.5m². The total internal floor area, across both floors, is 53.71m².

• The street consists of a mix of single storey and double storey dwellings.

• The dwellings within the street are constructed of brick, weatherboard or a combination of both and metal sheeting for the roof.

• There is an existing, approved garage and loft located on the corner of Swan Street and Waylen Street similar in design and style, visible from the street.

• The windows on the upper floor of the northern and western boundaries are proposed to be horizontal to prevent overlooking


Colours and materials The existing dwelling on site has a front façade that consists of white painted brick, with red face brick on the side elevations. The dwelling also has a white timber clad extension to the rear. The existing shed to remain on site is finished in both Dulux 'Malay Grey' and Colorbond 'Woodland Grey'. The applicant has advised the following proposed colours and materials are to be used:

• External cladding – Smooth texture Scyon cladding with 133mm groove spacing running vertically. The cladding panels are made from a cement composite. The cladding is proposed to be painted in a colour choice of charcoal or similar.

• Roof cover – Metal custom orb roof sheeting finished in Zincalume.

• Gutters and downpipes to match the existing house.

• Windows and doors – aluminium finish to match the existing Single House. The acceptable development provisions pertaining to materials and colours are as follows:

Clause 5.4.2 (b) - Heritage colour schemes shall be used on both heritage and non-heritage buildings.

Clause 5.4.2 (c)(iii) - Acceptable materials for walls include but are not limited to timber weatherboards or timber weatherboards to dado height and compressed fibrous cement (that look like timber weatherboards) for upper walls.

Clause 5.4.2 (d)(i) - Acceptable Materials for windows and doors frames include3 but are not limited to aluminium where frames are wide, such as single/double sash, casement and awning

Clause 5.4.2 (e)(i) - Acceptable materials for rooves include but are not limited to custom orb profile sheeting either corrugated galvanised iron, Zincalume finish or Colorbond.

The proposed colours and materials for the roof, gutters, windows and doors are considered to be in keeping with the Acceptable Development Provisions. The external cladding however does not strictly meet the Acceptable Development provisions in terms of both material and colour and therefore the application must satisfy the following Performance Criteria:

(a) The materials used for residential development shall be in keeping with or sympathetic to those materials which have been historically prevalent in the area

(b) The colours used for residential development shall be in keeping with those colours which have been historically prevalent in the area

(c) Materials and colours of additions shall match or be complementary to those used on the associated building


It is considered that the proposed wall material and colour is not consistent with the above Performance Criteria for the following reasons:

• The existing development on site and within the street are clad in a horizontal manner, with varying colours and materials being used for ground and upper floors;

• The extension to the existing single house is clad in white timber weatherboard;

• The existing house is predominantly white with red brick features;

• The development within the street is predominantly a combination of red, white or cream materials and details.

It is recommended that in any approval of the development, a revised schedule of materials and colours of the walls be submitted to the City for consideration to address the above. Demolition of Existing Shed

The subject site is listed on the Local Government Inventory (LGI Number 396, category 3). The single storey Flemish bond brick and iron cottage was constructed circa 1890. The house is considered to be in its original condition with a full length pitch verandah and set in a traditional garden of hedges and mature trees. The building is considered to form part of the remnant building stock which makes up the historic town's fabric. The incidental structures on the property are not considered to form part of the entry on the Local Government Inventory.

The existing shed is proposed to be demolished in order to accommodate the proposed Ancillary Dwelling. In that regard, the shed is well hidden from the street as it is located behind the existing dwelling. As the shed is not considered to form part of the entry on the Local Government Inventory, the removal is considered to not impact on the fabric of Single House.

POL-C-096 - Guildford and South Guildford District Drainage Development Fund Local Planning Policy

As the development is within the Guildford District Drainage Area, a drainage contribution is required for the amount of additional roofed/paved surfaces proposed by the application. The Ancillary Dwelling is proposed to increase the impervious area by 39.27m². The fee is to contribute towards the upgrade and supply of adequate drainage service and infrastructure within the area. The contribution is to be imposed as a condition of any approval of the proposal.

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

The subject site is within the Australian Noise Exposure Forecast (ANEF) 25-30 contour. Accordingly, State Planning Policy 5.1 applies to the development.

In that regard, clauses 5.4.5 (1) of the policy require noise insulation for the proposed Ancillary Dwelling. No noise insulation details are shown on the submitted plans. There is an existing notification on the Certificate of Title relating to Aircraft Noise.


Therefore, in the event of Council approval, it is recommended that a condition be imposed requiring noise insulation be addressed upon the submission of a Building Permit application.

Subject to the imposition of those conditions, the proposal is acceptable from an aircraft noise perspective.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the application for the construction of an Ancillary Dwelling and Swimming Pool to be located at Lot 150 (No.16) Waylen Street, Guildford, subject to conditions.

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

This is the recommended option.

Option 2: Council may resolve to refuse the application for an Ancillary Dwelling and Swimming Pool to be located at Lot 150 (No.16) Waylen Street, Guildford for the following reason:

1. The proposal is considered to be inconsistent with the Guildford Conservation Precinct Local Planning Policy acceptable design principles on the grounds that:

i. The proposed development will have a detrimental impact on the existing streetscape, as the bulk and scale of the dwelling is inconsistent with the surrounding context.

Implications: The applicant will have the right of review to the State Administrative Tribunal if aggrieved by this decision.

This is not the recommended option.

CONCLUSION

This application seeks development approval for an Ancillary Dwelling and associated Swimming Pool to be located on Lot 150 (No.16) Waylen Street, Guildford. City staff recommend that the application be approved for the following reasons:

1. The proposal is considered not to impact on the existing Single House listed on the Local Government Inventory (LGI Number 396, category 3).

2. The development generally appears as single storey from the street. The ancillary dwelling is to be located behind the existing single house and the existing mature tree.

3. The design of the ancillary dwelling is generally consistent with the existing development on site and within the street.

4. The proposed development is considered to generally comply with the requirements for setbacks in accordance with the Guildford Conservation Precinct Policy and the Residential Design Codes.


5. The windows on the northern wall of the Ancillary Dwelling are considered to be consistent with the Design Principles of the Residential Design Codes.

ATTACHMENTS

Location Plan

Street View

Site Plan

Floor Plan

Elevations

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Metropolitan Region Scheme

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

The average cost for a Hearing to defend Council’s decision at the State Administrative Tribunal is $60,000.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant development approval for the application for an Ancillary Dwelling and Swimming Pool to be located at Lot 150 (No.16) Waylen Street, Guildford subject to the following conditions:

1. The approved 'Ancillary Dwelling and Swimming Pool' are to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirement and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

2. Prior to a building permit being issued, the Ancillary Dwelling must demonstrate the incorporation of noise insulation measures in accordance with the requirements of State Planning Policy 5.1 – Land use planning in the vicinity of Perth Airport and Australian Standard 2021 – Building Site Acceptability Based on ANEF Zones.

3. A revised schedule of external colours, finishes and materials to be used in the construction of the ancillary dwelling, consistent with the requirements POL-C-106 - Guildford Conservation Precinct Policy, must be submitted to and approved to the satisfaction of the City of Swan, prior to a Building Permit being issued.

4. The windows to the eastern elevation are to be fixed obscure glass.

5. All stormwater produced from this property including subsoil drainage must be collected and disposed into the City's drainage system in accordance with the City's requirement.

6. Suitable arrangements being made for the connection of the land to the comprehensive district drainage system at the landowner/developer’s cost. The contribution amount is based on the additional roof area of 39.27m²to the satisfaction of the City of Swan in accordance with the City of Swan Local Planning Policy POL-C-096 ‘Guildford & South Guildford District Drainage and Development Fund’. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment must be made prior to the issuance of a building permit or prior to any work commencing on the site (at the earliest instance).

7. All building works to be carried out under this development approval are

required to be contained within the boundaries of the subject lot.

8. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

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

3) Advise all those that lodged a submission of the Council's decision.

CARRIED

DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

Location Plan21/08/2019

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Attachment 1 - Location Plan

Attachment 2 - View of subject site from Street

Attachment 3 - Existing Development of Similardesign at 68 Swan Street

Attachment 4 - Existing Site Plan

Attachment 5 - Plans

Roof - Metal custom orb sheeting in Zincalumefinish to match existing houseGutters and Downpipes - to match existing houseWindows and Doors - Aluminium finish to matchexisting

Proposed Ancillary Dwelling and Swimming Pool - Lot 150 ... · Swimming Pool - Lot 150 (No.16)...

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