proposed garden shed - lot 191 (no.8) meadow street ...€¦ · ordinary meeting of council 10 may...

Ordinary Meeting of Council 10 May 2017

3.10 PROPOSED GARDEN SHED - LOT 191 (NO.8) MEADOW STREET, GUILDFORD (DA749-16)

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

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Planning approval is sought for the installation of a Garden Shed at Lot 191 (No.8) Meadow Street, Guildford.

• The application was initially advertised for a period of 14 days via signs on the site and a notice in the local newspaper. No objections were received in this time.

• The application was forwarded to the Guildford Association and State Heritage Office, both of which objected to the siting of the proposal due to its proximity to the heritage listed structures on the site.

• The applicant resubmitted plans relocating the shed to the north eastern portion of the site. Further referral to the State Heritage Office resulted in them supporting the new location. However, the objection from the Guildford Association still stands.

• The basis of the objection from the Guildford Association is that the shed is inappropriate, intrusive and damaging to the historic setting of Stirling Square.

• The shed is relatively small, positioned on the lot to not obstruct views onto the existing heritage listed structures and will be clad in colours considered acceptable under the Guildford Conservation Precinct Policy. It is further considered that the heritage comments and expertise provided to the City from the State Heritage Office substantiates the City's position insofar that the additions on the site will not unduly impact on the existing heritage values of the site nor the visual character and amenity of the area.

It is recommended that the Council approve the Garden Shed at Lot 191 (No.8) Meadow Street Guildford, subject to conditions.

AUTHORITY/DISCRETION

LPS17 (cl.10.3)

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


2015 Regulations (cl.68(2))

Council has discretion in accordance with cl.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.

RIGHT OF REVIEW

LPS17 (cl.10.10)

In accordance with cl.10.10 of Local Planning Scheme No.17 if the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

2015 Regulations (cl.76(2)

In accordance with cl.76(2) of the Planning and Development Local Planning Schemes) 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.

PROPOSAL & PROPERTY DETAILS

Applicant: The Anglican Parish of Guildford (Kim Ward) Owner: The Perth Diocesan Trustees Zoning: LPS17 - Private Clubs and Institutions MRS - Urban Strategy/Policy: Guildford Conservation Precinct Policy - POL-C-106 Development Scheme: N/A Existing Land Use: Place of Worship (St Matthews Church) Lot Size: 4085m2 Lot Area: Guildford Use Class: Incidental storage structure The subject site is located within the centre of the 'Stirling Square' reserve in Guildford. The subject lot contains St Matthews Church, Parish Hall and Ancillary buildings associated with the use of the Church and Hall.

The proposal consists of a single colourbond garden shed, clad in 'Federation Green' walls and 'Cream' roof with a total height of 2.130m, including a 100mm high concrete pad. The revised location of the shed is to be to the north east of the site, abutting the existing playground area.


PUBLIC CONSULTATION

Public consultation was completed as per the following:

Duration: 14 days from 12 October 2016 to 1 November 2016.

Method: • Sign on Site

• Advertisement in newspaper

Submissions received: No objections were received

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The initial application was referred to the State Heritage Office and the Guildford Association and then subsequently when the plans were revised.

The mechanism for referral to these agencies was due to the works being located within the same lot as 'St Matthews Church', a state and local government listed property and the works being within the Guildford Conservation precinct.

ASSESSMENT

Zoning & Permissibility of Land Use

The subject property is zoned 'Urban' under the Metropolitan Region Scheme and 'Private Clubs and Institutions' under the City’s Local Planning Scheme No.17.

The proposed Garden Shed is classified as an incidental storage structure for the use of the existing church pursuant to Local Planning Scheme No.17 and as such is a permitted use within the Private Clubs and Institutions zone.

The objectives of the Private Clubs and Institutions zone are to:

• Facilitate the use and development of land for a range of uses associated with private clubs & institutions, including by not limited to private schools, sporting clubs and places of worship, and,

• Encourage the use of land in a manner that does not impact upon the amenity of surrounding residents (where applicable) and that is compatible with surrounding land use.

Given that the structure is required for storage incidental to the Church and Parish hall, City staff suggest that the use of the structure meets the above objectives of the Private Clubs and Institutions zone.


Guildford Conservation Precinct Policy Guidelines & Heritage Referral

The Guildford Conservation Precinct Policy makes no specific reference to outbuildings, but is concerned with buildings fitting in to, and not detracting from, the streetscape and character of an area.

The shed is relatively small, positioned on the lot to not obstruct views of the Church building and parish hall and will be clad in colours considered acceptable under the Guildford Conservation Precinct Policy.

Whilst it is acknowledged that the Guildford Association contends that the proposed garden shed is inappropriate, intrusive and damaging to the historic setting of Stirling Square, the heritage comments and expertise provided to the City from the State Heritage Office substantiates the staff position insofar that the additions on the site will not unduly impact on the existing heritage values of the site nor the visual character and amenity of the area.

To this end, City staff recommend that the shed be approved. .

Guildford District Drainage Development Fund

It is noted that the structure is within the Guildford Drainage contribution area.

Accordingly, a condition shall be applied to the approval to ensure the additional size of the shed shall attract an applicable fee to pay for the upgrade of the drainage infrastructure within Guildford.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the proposed Garden Shed on Lot 191 (No.8) Meadow Street, Guildford with a condition requiring a contribution be made to the Guildford District Drainage fund.

Implications: The Garden Shed will be approved in its revised location.

This is the recommended option.

Option 2: Council may resolve to refuse to grant approval to the proposed 'Garden Shed' on Lot 191 (No.8) Meadow Street, Guildford, for the following reason:

1. The location of the shed is inappropriate, intrusive and damaging to the historic setting of Stirling Square and fails to meet section 5.2.2 of the Guildford Conservation Precinct Policy as the addition does not respond to and reinforce the existing heritage characteristics.

Implications: If aggrieved with Council's decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of Councils decision.

This is not the recommended option.


CONCLUSION

Planning approval is sought for the installation of a Garden Shed at Lot 191 (No.8) Meadow Street, Guildford.

The application was initially advertised for a period of 14 days via signs on the site and a notice in the local newspaper. No objections were received in this time.

The application was forwarded to the Guildford Association and State Heritage Office both of which objected to the siting of the proposal due to its proximity to the heritage listed structures on the site.

The applicant resubmitted plans relocating the shed to the north eastern portion of the site. Further referral to the State Heritage Office resulted in their support of the new location. However, the objection from the Guildford Association still stands.

The basis of the objection from the Guildford Association is that the shed is inappropriate, intrusive and damaging to the historic setting of Stirling Square.

The shed is relatively small, positioned on the lot to not obstruct views onto the existing heritage listed structures and will be clad in colours considered acceptable under the Guildford Conservation Precinct Policy. It is further considered that the heritage comments and expertise provided to the City from the State Heritage Office substantiates the City's position insofar that the additions on the site will not unduly impact on the existing heritage values of the site nor the visual character and amenity of the area.

It is recommended that the Council approve the Garden Shed at Lot 191 (No.8) Meadow Street, Guildford subject to conditions.

ATTACHMENTS

Aerial Photo

Site Plan

Elevation Plan

Schedule of Materials and finishes

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

Local Planning Scheme No.17

Planning and Development Local Planning Schemes) Regulations 2015

Guildford Conservation Precinct Policy Guidelines - POL-C-106


FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Pursuant to cl.68(2) of the Planning and Development Local Planning Schemes) Regulations 2015 approve the proposed Garden Shed at Lot 191 (No.8) Meadow Street, Guildford, subject to the following conditions:

1. This approval is for a "Garden Shed" as illustrated on the approved plans.

2. The landowner or applicant is to make a contribution to the City of Swan In accordance with the City of Swan Policy POL-C-096 "Guildford and South Guildford District Drainage Development Fund" based on the additional roof area of 11.3m2 to the satisfaction of the City of Swan. Payment is to be made prior to the lodgement of a Building Permit application and/or prior to any work commencing on the site.

3. Earthworks, footing and/or structures are not to extend over any lot boundaries.

4. All stormwater produced on the site shall be disposed of into the existing stormwater drainage connections on site.

5. The Garden Shed shall be for the use of storage for items incidental to the site and shall not be used for human habitation.

6. 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.

ADVICE NOTES: Standard advice notes apply.

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

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

MOTION that Council resolve to: 1) Introduce a new condition 2 that sets out a time limit of ten years to read as follows:

2. This approval is limited to a period of ten years from the date of approval


2) All other conditions of the recommendations are renumbered; and

3) Note the reason for changing the recommendation is to facilitate a means of meeting the current storage requirements of the Parish without consenting to an outbuilding addition that will become a permanent part of Stirling Square.

(Cr Johnson - )

MOTION LAPSED due to the lack of a seconder.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Trease - Cr Bailey)

RESOLVED UNANIMOUSLY TO:

1) Pursuant to cl.68(2) of the Planning and Development Local Planning Schemes) Regulations 2015 approve the proposed Garden Shed at Lot 191 (No.8) Meadow Street, Guildford, subject to the following conditions:

1. This approval is for a "Garden Shed" as illustrated on the approved plans.

2. The landowner or applicant is to make a contribution to the City of Swan In accordance with the City of Swan Policy POL-C-096 "Guildford and South Guildford District Drainage Development Fund" based on the additional roof area of 11.3m2 to the satisfaction of the City of Swan. Payment is to be made prior to the lodgement of a Building Permit application and/or prior to any work commencing on the site.

3. Earthworks, footing and/or structures are not to extend over any lot boundaries.

4. All stormwater produced on the site shall be disposed of into the existing stormwater drainage connections on site.

5. The Garden Shed shall be for the use of storage for items incidental to the site and shall not be used for human habitation.

6. 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.

ADVICE NOTES: Standard advice notes apply.

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

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

DISCLAIMER: Information shown hereon is a composite of informationfrom various different data sources. Users are warned that theinformation is provided by the City of Swan in this format as a generalresource on the understanding that it is not suitable as a basis fordecision making without verification with the original source.

12 April 2017

1:1000

proposed garden shed - lot 191 (no.8) meadow street ...€¦ · ordinary meeting of council 10 may...

Documents