proposed ancillary dwelling - lot 5 (no.2) forest …...• the application seeks planning approval...

Ordinary Meeting of Council 09 May 2018

3.8 PROPOSED ANCILLARY DWELLING - LOT 5 (NO.2) FOREST ROAD, HENLEY BROOK (DA526-17)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks planning approval for an Ancillary Dwelling at Lot 5 (No.2) Forest Road, Henley Brook.

• The ancillary dwelling has a floor area of 110.64m2 and 76.23m2 of attached decking which is proposed to be set back a distance of 41m from the existing single dwelling on the subject site. The landowner has advised that the ancillary dwelling will be used to provide accommodation for an aging family member.

• Lot 5 (No.2) Forest Road, Henley Brook is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' (Area B) under the City's Local Planning Scheme No.17 (LPS17). An ancillary dwelling accords with the use class 'Ancillary Accommodation' under the LPS17 zoning table. 'Ancillary Accommodation' is a 'D' use class within the Swan Valley Rural zone.

• The application was referred to the Swan Valley Planning Committee (SVPC) for comment. The SVPC resolved that the application was consistent with the planning objectives for Area B as listed in the Swan Valley Planning Act 1995 (specifically 8.6) and recommended approval subject to the ancillary dwelling being a maximum distance of 20 metres from the primary dwelling, to ensure no vines are removed when it is located in the future.

• The applicant has advised that they wish to have the proposed ancillary dwelling considered with the 41m setback from the primary dwelling as per the plans submitted as part of the application. City staff are satisfied that the location of the ancillary dwelling based on the 41m setback from the primary dwelling will not result in the removal of any vines. The increase in the floor area of 110.64m2 in lieu of City policy of 60m2 is not considered to affect the amenity of adjoining landowners in term of bulk and scale given the setbacks of the ancillary dwelling exceed the most onerous development setbacks applicable for rural zoned land within the City of Swan. Furthermore, the proposal cannot be used as a basis for subdivision as the subject lot falls well short of the minimum lot size permitted to be considered for subdivision within the Swan Valley Rural zone. (Area B)

• The application was referred to the Department of Water and Environmental Regulation (DWER) as the location of the ancillary dwelling is in close proximity to an intermittent waterway. DWER did not provide comment on the application as they could not determine the setback of the ancillary dwelling from Minchin Creek which traverses the site. In order to address any potential concerns regarding effluent and wastewater disposal, the location of the on-site effluent disposal system will be conditioned to be at least 30m from the waterway.


It is recommended that the Council resolve to approve the Ancillary Dwelling at Lot 5 (No.2) Forest Road Henley Brook based on the original plans indicating a 41m setback from the primary dwelling subject to conditions and recommend to the Western Australian Planning Commission that the Ancillary Dwelling at Lot 5 (No.2) Forest Road, Henley Brook be approved under the Metropolitan Region Scheme.

AUTHORITY/DISCRETION

Pursuant to cl.30B of the Metropolitan Region Scheme, (MRS) where the City does not accept the advice/recommendation of the Swan Valley Planning Committee (in relation to an application) the City is required to refer the application together with any recommendations provided by all bodies consulted and the reasons why the advice/recommendation of the Committee is not accepted by the City, to the Western Australian Planning Commission for determination under the MRS.

Notwithstanding this, the City and/or its Council is still required, pursuant to cl.10.3 of Local Planning Scheme No. 17 (LPS17), to determine the application under LPS17. In that regard, Council has discretion to approve (with or without conditions) or refuse the application.

RIGHT OF REVIEW

2015 Regulations (cl.76 (2))

In accordance with cl.76 (2) of the Planning and Development (Local Planning Scheme s) Regulations 2015 an affected person (meaning the applicant of the subject development application or the owner of the subject land) may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.

BACKGROUND

Applicant: Bushewood Building Company Owner: Bruno De Tastes Zoning: LPS17 - Swan Valley Rural (Area B) MRS - Rural Strategy/Policy: POL-TP-126 - Building And Development Standard -

Rural Zones POL-C-066 Ancillary Accommodation

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House, Restaurant, Winery Lot Area: 5.3527ha Use Class: Ancillary Dwelling - 'D'


DETAILS OF THE PROPOSAL

The application seeks approval for the construction of a single storey ancillary dwelling which has a floor area of 110.64m2 and 76.23m2 of attached decking. The ancillary dwelling will be constructed on timber stumps with the external walls consisting of weatherboard cladding and a zincalume roof. The ancillary dwelling will be set back a distance of 105m from the West Swan Road, 43m from the southern rear lot boundary and approximately 74m from Forest Road.

DESCRIPTION OF SITE

Lot 5 (No.2) Forest Road, Henley Brook is located at the corner of Forest Road and West Swan Road and consists of a rectangular allotment with topography sloping towards the east. The subject site operates as 'Little River Wines' and currently consists of a single house, a winery and cellar door and tea rooms. Large areas of the property consist of vineyards and a small intermittent stream traverses the western portion of the lot.

SITE HISTORY/PREVIOUS APPROVALS

DA-6492/1991 - Restaurant (approved at full Council 25 June 1991)

APPLICANT'S SUBMISSIONIN

In support of the ancillary dwelling being set back at 41m contrary to the advice of the Swan Valley Planning Committee, the landowner has provided the following justification:

"I would like to confirm the reasoning behind the application being made at 41m from the original dwelling:

• The preservation of ancient trees namely a pear tree (planted 1935) and 2 oak trees recently planted;

• The preservation and restoration of the original well of the property all within the 20m radius of the original dwelling;

• The future application for a swimming pool, a shed artists' studio and 2 cars garage to be built adjacent to the original dwelling and would bring the outside boundaries of the shed from 20m to 40m.

• To build the granny flat where originally applied no grapes nor trees would need to be removed.

• The dwelling can only be built on the South-East side as the east side is planted with grapes, the west side is the Minchin Creek the north side is the street side where the leach drain is located."


In support of the floor area exceeding the maximum area of 60m2 under POL-C-066 the applicant has provided the following:

"This (the ancillary dwelling) is proposed to be built for the exclusive use and enjoyment of our aging mother, who is wheel chair bound and will require more space than the 60m2 allowed not only for the easy use of the wheelchair but also to accommodate her antique furniture that she has collected over the years. As our mother does not have a driver's licence and does not possess a car, the requirement of a car space or garage is not required, but we already have plenty of guest parking."

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee. The Committee considered the application at its meeting held on 2 October 2017 where the Committee resolved:

"The Swan Valley Planning Committee resolves to recommend to the City of Swan that the application for the proposed Ancillary Dwelling - Lot 5 (No.2) Forest Road, Henley Brook is

a) Approved as the application is consistent with the planning objectives for Area B as listed in the Swan Valley Planning Act 1995, specifically:

• 8.6

b) And subject to the imposition of the following conditions:

1. That the location of the building shall be a maximum of 20 metres from the primary dwelling ensuring that no vines are removed when it is located in the future."

The application was also referred to the Department of Water and Environmental Regulation who advised that they were unable to determine the setback of the proposed ancillary accommodation from Minchin Creek which traverses the site and requested additional information. The City's response to this is included in the 'Assessment' section of the report.

ASSESSMENT

Zoning and Permissibility of Land Use

The subject property is zoned 'Rural' under the Metropolitan Region Scheme and 'Swan Valley Rural' (Area B) under the City's Local Planning Scheme.

An ancillary dwelling is considered to fall within the use class 'Ancillary Accommodation' which is a 'D' use within the Swan Valley Rural zone under the City's LPS17. The objectives of the Swan Valley Rural zone are to:

a) Promote the core are of the Swan Valley as a horticultural, recreational, tourism and landscape resource;


b) Provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

c) Recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

d) Ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995.

The relevant planning objectives for Area B are, as referenced in the recommendation of the Swan Valley Planning Committee, in particular:

8.6 The compatibility of design, siting and landscaping with the character of the area.

In assessing this application against the objectives of the Swan Valley Rural zone and objective 8.6 of the Swan Valley Planning Act 1995 the ancillary dwelling presents as a modest and sympathetic development that is compatible with the character of the Swan Valley area. The development incorporates a traditional rural style design with timber framing and weatherboard cladding, wrap around verandah with attached balustrade all located under a zincalume roof. While there are no definitive built form guidelines that apply to residential construction within the Swan Valley Planning Act area, the ancillary dwelling materials and construction style are considered to not detract from the rural character and amenity of the area, but rather enhance it. Furthermore, the ancillary dwelling is set back well beyond the required the maximum required lot boundary setbacks that can be applied to rural zoned land in the City of Swan and the location of the proposed ancillary dwelling is set back a distance of approximately 130m to the nearest residential dwelling on an adjoining lot.

Comment from the Swan Valley Planning Committee

The Swan Valley Planning Committee in their advice provided to the City has accepted that the proposed ancillary dwelling is consistent with the objectives of Area B as listed in the Swan Valley Planning Act 1995 (specifically Objective 8.6) subject to a condition requiring the ancillary dwelling being a maximum distance of 20 metres from the primary dwelling ensuring that no vines are removed when it is located in the future.

A site visit undertaken by City staff as well as the transposition of the building footprint onto an overhead photo of the subject site at a 1:1000 scale indicates that based on the nominated setback of 106m from the western lot boundary and 43m from the southern lot boundary no vines will be removed as part of this development. In light of this and the fact that City staff consider the proposed development will not impact on the amenity of the existing site and the surrounding area, it is recommended that City does not accept the advice of the Swan Valley Planning Committee with regard to the imposition of a condition requiring the ancillary dwelling be set back a distance of no greater than 20m from the primary building.


Rural Development Standards

The application has been assessed against the relevant provisions of the City's POL-TP-126 which aims to ensure that development of land within rural areas is consistent with the principles of orderly and proper planning and furthers the objectives of the zone. The proposal is considered to meet the relative objectives of POL-TP-126 as little or no clearing of vegetation is proposed and site coverage is well within the permitted 10% of the lot area permitted under this Policy. While there are no specified setback requirements for development within the Swan Valley Rural zone, the nominated setbacks of 43m from the western lot boundary and 106m from the southern lot boundary as indicated on the plans exceed the most onerous setback distances for rural zoned land within the City of Swan Scheme area and accordingly, the proposed setbacks are supported.

POL-C-066 - Ancillary Accommodation

The application seeks to vary the policy criteria with regard to the following matters;

• The floor area has been assessed at 110m2 in lieu of the policy criteria of 60m2

• No additional car space being provided; and

• The ancillary dwelling is located further away than 10m from the main dwelling.

A primary objective of the City's ancillary accommodation policy is to minimise the potential for inappropriate residential development in rural areas which could lead to fragmentation of rural zoned land. While the proposed floor area of the ancillary dwelling exceeds the policy provision of 60m2, City staff believe allowing an ancillary dwelling with a floor area greater than 60m2 on Lot 5 (No.2) Forest Road, Henley Brook will not prejudice the overall objective of POL-C-066. This is because the area of Lot 5 (No.2) Forest Road is 5.3527ha and falls well short of the minimum lot size of 8ha required for subdivision in areas zoned Swan Valley Rural (Area B) under LPS17. In light of this, the ancillary dwelling is not considered to prejudice the intent of the POL-C-066 as the ancillary dwelling cannot be used as justification for any future subdivision.

It is also noted that the plans do not show provision of an additional car space, with the applicant contending that their elderly mother does not require a parking space, given she does not possess a driving licence. While the above is noted, the matter of parking is required to be addressed. The proposed Ancillary Dwelling is serviced by an internal gravel based driveway which will allow scope for visitors (and future residents) to park within close vicinity of the ancillary dwelling.

Comment from Department of Water and Environmental Regulation (DWER)

As a waterway traverses Lot 5 (No.2) Forest Road, the application was referred to the Department of Water and Environmental Regulation for Comment. DWER advised that they were unable to determine the setback of the ancillary dwelling from Minchin Creek as well as the type and location of the wastewater and effluent disposal system. State Planning Policy 2.9: Water Resources provides guidance for the determination of appropriate buffering of waterways in Western Australia and recommends a foreshore buffer of 30m. While it is not definite, the plans supplied by the applicant suggest that the ancillary dwelling may be within the 30m buffer.


While the 30m foreshore buffer recommended by SPP 2.9 is noted, Minchin Creek presents a dry intermittent waterway that has been subject to various human modifications with minimal flows into the Swan River system. The ancillary dwelling is not located within an identified floodway under the Local Planning Scheme maps and the proposed ancillary dwelling will not result in the clearing of any significant vegetation. The key issue relates to the location of any future effluent disposal systems and its proximity to any on-site waterway. To resolve this matter a condition of approval to install or construct an on-site effluent disposal system is to be submitted to, and approved by the City showing a minimum 30m setback from the waterway, will be imposed.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve not to accept the advice of the Swan Valley Planning Committee that the proposed 'Ancillary Dwelling' at Lot 5 (No.2) Forest Road, Henley Brook be conditioned to be set back a maximum distance of 20m from the primary dwelling and grant conditional approval based on the plans received by the City date stamped received 14 August 2017.

Implications: The owner can proceed with the development based on the plans received by the City on 14 August 2017.

This is the recommended option.

Option 2: Council may resolve to accept the advice of the Swan Valley Planning Committee that the proposed 'Ancillary Dwelling' at Lot 5 (No.2) Forest Road, Henley Brook be conditioned to be set back a maximum distance of 20m from the primary dwelling and grant conditional approval based on this advice.

Implications: The owner/applicant will have to submit to the City a revised site plan showing the ancillary dwelling set back a maximum distance of 20m from the primary dwelling. If aggrieved by this decision, the owner/applicant will have a right of review to the State Administrative Tribunal.

This is not the recommended option.

Option 3: Council may resolve to refuse the application for an 'Ancillary Dwelling' at Lot 5 (No.2) Forest Road, Henley Brook for the following reason:

1. The proposal is not consistent with the compatibility of design, siting and landscaping within the character of the Swan Valley area and will unduly impact on the amenity of the subject property and surrounding properties.

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

This is not the recommended option.


CONCLUSION

The application seeks approval for the construction of an Ancillary Dwelling at Lot 5 (No.2) Forest Road, Henley Brook. The ancillary dwelling will have a floor area of 110.64m2 and is proposed to be located a distance of 41m from the existing dwelling onsite.

The application was referred to the Swan Valley Planning Committee for comment where the Committee resolved that the application is consistent with the objectives of Area B as listed in the Swan Valley Planning Act 1995 subject to a condition that the location of the building be set back a maximum distance of 20m from the primary building, ensuring no vines are removed when it is located in the future.

City staff are satisfied that the location of the Ancillary Dwelling based on the plans which indicate a 41m setback from the existing single dwelling will not result in the clearing of any additional vines onsite. Furthermore the variations to City policy regarding ancillary accommodated are supported as they will not result in land fragmentation and potential future subdivision, given the lot size falls well short of the minimum lot size required for subdivision in Area B in the Swan Valley. Concerns regarding potential effluent disposal into the waterway onsite can be resolved by conditioning the submission and approval of a suitable effluent disposal system onsite. It is therefore considered that the subject proposal is acceptable and it will be recommended that Council approve the application and forward the determination to the Western Australian Planning Commission for determination.

ATTACHMENTS

Location plan showing location of Ancillary dwelling

Site plan

Floor Plan

Elevation Plan

STRATEGIC IMPLICATIONS

Nil


STATUTORY IMPLICATIONS

• Planning and Development Act 2005

• Planning and Development (Local Planning Schemes) Regulations 2015

• Swan Valley Planning Act 1995

• Metropolitan Region Scheme

• Local Planning Scheme No. 17

• POL-TP-126 - Building & Development Standards - Rural Zones

• State Planning Policy 2.9 - Water Resources.

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) That it does not accept the advice of the Swan Valley Planning Committee that the Ancillary Dwelling is to be set back a maximum distance of 20 metres from the primary dwelling.

2) Approve the 'Ancillary Dwelling' based on the plans received by the City date stamp received 14 August 2017 which show a 41 metre setback from the primary dwelling subject to the following conditions:

1. This approval is for the construction of an 'Ancillary Dwelling' addition to the existing Single House, as illustrated on the approved plans.

2. In accordance with the Health Act 1911 and the Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1974, an application to construct an on-site effluent disposal system must be submitted to an approved by the City's Principal Environmental Health Officer, prior to construction of such a system.

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

ADVICE NOTES Standard advice notes apply.

3) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

4) Refer the application to the Western Australian Planning Commission for determination under the MRS, advising of the Council's decision.

CARRIED

proposed ancillary dwelling - lot 5 (no.2) forest …...• the application seeks planning approval...

Documents