proposed modification to development plan 18 - lot 9298 ...€¦ · the lots within the...

Ordinary Meeting of Council 16 December 2015

3.9 PROPOSED MODIFICATION TO DEVELOPMENT PLAN 18 - LOT 9298 MARALLA ROAD, ELLENBROOK (ANNIES LANDING)

Ward: (Ellenbrook Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Roberts Day (Planning Consultants) on behalf of Ellenbrook Management Pty Ltd has lodged an application seeking approval for modifications to the density plan for Development Plan 18, colloquially known as 'Annies Landing' in Ellenbrook. The area subject to the modification is located within a currently undeveloped portion of the estate.

• The modification seeks to change the density of a portion of the Development Plan 18 from R17.5 to a mix of R30, R40, R50 and R60 (Narrow Lot Precinct). The modification does not propose to reconfigure any road layout.

• The applicant has advised that the reason for the proposed modification is due to shifting market demand, and the proposed modification will provide for a diverse housing range and options to satisfy community needs and demands.

• The existing approved Development Plan 18/B proposes 33 lots and 33 dwellings at R17.5 density within the subject area. The modification proposes 40 lots at R30, 5 lots at R40 (including 2 grouped housing lot), 6 lots at R50 and 4 lots at R60 (Narrow Lot Innovation Precinct) with a total of 55 lots and 67 dwellings proposed.

• The Narrow Lot Innovation Precinct requires the preparation of a Local Development Plan in order to address development requirements and variations to the Residential Design Codes. It is considered that the preparation of a Local Development Plan to address these issues is prudent, as the Guidelines prepared by the Department of Planning permit Local Development Plans to be created to address this situation (i.e. lots less than 260m2). Local Development Plans are to be prepared as a condition of subdivision.

• The application was advertised in the local newspaper and the City's website for a period of 21 days, with no responses or objections received regarding the proposed modification.

• The modified density is considered to meet the objectives for the Ellenbrook Estate to provide diversity in housing choice but in a manner that can provide for reasonable living amenity and an attractive built form environment.

It is recommended that the Council recommend to the WAPC approval of the proposed modification to Development Plan 18 applicable to Lot 9298, Ellenbrook.


AUTHORITY/DISCRETION

Clause 29(1) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, operational from 19 October 2015, provides the Western Australian Planning Commission (the Commission) with power to amend structure plans.

Clause 20 of Schedule 2 of the these Regulations gives Council the power to report to the Commission on a proposed amendment to a structure plan, inclusive of providing a recommendation as to whether or not the amendment should be approved, including any recommended modifications.

BACKGROUND

Applicant: Roberts Day Owner: Landrow Pty Ltd (Directors: Terence John Prindiville,

Kevin Joseph Prindiville); 85 Spring Street Properties(Directors: Francis Gerard Gooch, Anthony Roger Davison); DCA Projects Pty Ltd (Director: John Bryan Bond); Martindale Pty Ltd (Director: Malcolm James McCusker)

Zoning: LPS17 - Special Use Zone 4 MRS - Urban Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Vacant

DETAILS OF THE PROPOSAL

The lots within the modification area (Stage 15) are coded R17.5 under the latest version of the 7B Development Plan (DP-18/B) which was approved under Delegated Authority on 12 May 2015. Subdivision approval has been granted for Stage 15 (WAPC Ref: 149557), which consists of 33 lots that have an average lot area of 620m2.

Due to shifting trends, the market no longer demands larger lot sizes. In order to respond to changing market trends and demands, the proposed modification seeks to facilitate a redesign over Stage 15.

A redesign of the lots will produce a lot yield of 55 lots and 67 dwellings; consisting 40 lots at R30, 5 lots at R40 (including 2 grouped housing lot), 6 lots at R50 and 4 lots at R60 (Narrow Lot Innovation Precinct).

DESCRIPTION OF SITE

The Ellenbrook Estate is zoned 'Special Use Zone No.4' under the City's Local Planning Scheme No.17 (LPS17). The site constitutes the final village of the Ellenbrook Estates which is split into two development plans (DP016 – Village 7A and DP018 – Village 7B). Ellenbrook Village 7B (Annie’s Landing) is located in the north eastern corner of Ellenbrook.


The modification to the Development Plan is isolated to an area referred to as Stage 15, located on the eastern side of Sawpit Gully, which can generally be described as being bounded by Fuschia Lane to the north, Weenit Road to the west, Everingham Drive to the South and Descent Street to the west.

The property is relatively undulating and is cleared of vegetation.

SITE HISTORY/PREVIOUS APPROVALS

Development Plan No.18 for Village 7B was approved under delegated authority on 11 August 2010 before being endorsed by the Western Australian Planning Commission (WAPC) on 11 November 2013.

The original subdivision approval granted (WAPC Ref: 149350) consists of 48 lots and 48 dwellings.

The latest amendment to Village 7B (DP-18/B) was approved under delegated authority on 12 May 2015 and due to the minor nature of the amendment, did not require determination by the WAPC.

The most recent subdivision approval granted for Stage 15 (WAPC Ref: 149557), consists of 33 lots and 33 dwellings with an average lot area of 620m2.

APPLICANT'S SUBMISSION

• The lots within the modification area (Stage 15) are coded R17.5 under the latest version of the Development Plan (endorsed by City of Swan on 12 May 2015). Subdivision approval has been granted for Stage 15 (WAPC Ref: 149557), which consists of 33 lots that have an average lot area of 620m2.

• Due to shifting trends, the market no longer demands larger lot sizes, such as those provided in Stage 15. In order to respond to changing market trends and demands, the proposed modification seeks to facilitate a redesign over Stage 15.

• The modified design over Stage 15 will provide a more diverse lot mix that reflects current market demand and will cater for a range of lot and housing types to satisfy a broad cross section of the community needs. Furthermore, the modified design is in keeping with the original endorsed Development Plan and subdivision approval for Stage 15.

• The proposed modified design for Stage 15 results in 5 additional lots and 17 additional dwellings compared to the original approved Development Plan and subdivision design.

• Section 3.3.2(c) of the City of Swan’s Neighbourhood Planning Policy requires an average net density of 22 dwellings per hectare over the entire structure plan (Development Plan) area. Based on 59.6974 hectares of developable area and a yield of 1380 dwellings, the modified Development Plan achieves an average net density of 23 dwellings per hectare.

• The revised subdivisional pattern is in keeping with the surrounding area and will not have an impact on any adjoining landowners.


PUBLIC CONSULTATION

The proposed modification has been advertised via the local newspaper and the City's website for a period of 21 days.

No objections/ responses have been received.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil

DETAILS

Proposed Modifications

The proposal seeks to increase the density of a portion of the Development Plan 18 from R17.5 to a mix of R30, R40, R50 & R60 (Narrow Lot Precinct). The modification involves the change of density only, and does not propose to reconfigure any road layout.

Lot Yield

Maximum Dwelling Yield

Current Approved DP18 33 Lots 33 Dwellings

Modification to DP18 55 Lots 67 Dwellings The existing approved Development Plan 18/B proposes 33 lots and 33 dwellings at R17.5 density within the subject area. The modification proposes 40 lots at R30, 5 lots at R40 (including 2 grouped housing lot), 6 lots at R50 and 4 lots at R60 (Narrow Lot Innovation Precinct) with a total of 55 lots and 67 dwellings proposed. This proposes an additional 22 lots and 34 dwellings within the subject area.

It is considered that the modifications to the structure plan are relatively minor and result from detailed subdivision design having been completed. The structure plan includes detailed block layout with roads shown on the plan, which are considered to be sufficient for the proposed dwelling and lot yields.

The modification does not propose to change any road layout, with only changes to the existing density proposed. Furthermore, the changes to the density are not considered to have a major impact on the provisions of services and infrastructure to the area, and are in accordance with the purpose and intent of the Development Plan No. 18.

Some lots within the proposed modification area have been declared a bushfire prone area and have Bushfire Attack Level ratings of 12.5 and 19 where applicable. This has been determined due to the existing vegetation within Sawpit Gully.

However given the recent implementation of Planning and Development (Local Planning Schemes) Regulations 2015, it is not known whether the Development Plan, being a Local Structure Plan, will have the statutory “weight” to enforce the higher construction standards of AS3959 for houses in bushfire prone areas.


Density

The modifications proposed across the subject area propose to change the density from R17.5 to a mix of R30, R40, R50 & R60. Typically this would result in average lot sizes ranging from 300m2 to 150m2 which is considered low to medium density in accordance with the Residential Design Codes (R-Codes). However, the R60 density could be considered high density (typically higher than R60 – average 150m2 or smaller) as per the R-Codes.

The medium density proposed is considered to be appropriate for the area and provide diversity in the form and size of housing that may result.

Local Development Plan

The proposed modification designates four (4) lots as R60 "Narrow Lot Innovation Precinct". Previously, these lots would have been subject to a Detailed Area Plan (DAP) which would provide variations to the 'deemed-to-comply' criteria of the R-Codes, in order to provide for development within these lots.

However, under the new Local Planning Scheme Regulations (2015), Detailed Area Plan is no longer permitted, with the Scheme regulations requiring Local Development Plan instead. The scope of the Local Development Plan (LDP) is much more limited than the previous DAP, with Clause 47 of the Regulations stating:

47. When local development plan may be prepared

A local development plan in respect of an area of land in the Scheme area may be prepared if —

a) the Commission has identified the preparation of a local development plan as a condition of approval of a plan of subdivision of the area; or

b) a structure plan requires a local development plan to be prepared for the area; or

c) an activity centre plan requires a local development plan to be prepared for the area; or

d) the Commission and the local government considers that a local development plan is required for the purposes of orderly and proper planning.

In addition, the Framework for Local Development Plans (2015) outlines the manner and form in which a Local Development Plan is to be prepared. This Framework states:

To expand on clause 47 of the Regulations, a local development plan may be prepared in the following circumstances:

• lots with an area less than 260m2 and irregularly configured lots;

• lots where specific vehicle access and egress control is required;

• lots abutting public open space;

• local and neighbourhood centres;

• lots that have been identified to accommodate a future change of use;


• lots with particular site constraints (e.g. steeply sloping land); and

• to address noise buffer and amelioration requirements.

The applicant submits that the lots will measure approximately 7.5m x 20m, totalling an area of 150m2. Given the lots have an area less than 260m2, a LDP could be prepared in accordance with the Regulations. The LDP can be used as a planning instrument to address site specific opportunities or constraints. The provisions of a LDP can be included as a condition of subdivision approval once that landowner submits for subdivision approval, and can address the requirements of these lots.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to recommend that the Western Australian Planning Commission approve the proposed modifications to the Development Plan No.18 subject to the following requirements:

1. All relevant text, figures and tables within Development Plan No.18 are updated to reflect the modifications.

Implications: The WAPC will determine the proposed modifications.

This is the recommended option.

Option 2: Council may resolve to recommend that the Western Australian Planning Commission refuse to approve the proposed modifications to Development Plan No.18 as it may result in development that adversely impacts the streetscape and residential amenity of existing lots within the area.

Implications: The WAPC will determine the proposed modifications.

This is not the recommended option.

CONCLUSION

The application seeks approval for modifications to the density plan for Development Plan No.18, colloquially known as 'Annies Landing' in Ellenbrook. The area subject to the modification is located within a currently undeveloped portion of the estate.

The existing approved Development Plan No.18/B proposes 33 lots and 33 dwellings at R17.5 density within the subject area. The modification proposes 40 lots at R30, 5 lots at R40 (including 2 grouped housing lot), 6 lots at R50 and 4 lots at R60 (Narrow Lot Innovation Precinct) with a total of 55 lots and 67 dwellings proposed.

The applicant has advised that the reason for the proposed modification is due to shifting market demand, and the proposed modification will provide for a diverse housing range and options to satisfy community needs and demands.

The application was advertised in the local newspaper and the City's website for a period of 21 days, with no responses or objections received.


It is considered that the proposed modifications do not result in any additional impact on the existing amenity of residences and is not likely to increase traffic issues to an unsustainable point. In addition, the proposed density and sizes of lots proposed are consistent with surrounding areas of Ellenbrook, ensuring the overall objective of housing diversity is maintained.

The modified density is considered to meet the objectives for the Ellenbrook Estate to provide diversity in housing choice but in a manner that can provide for reasonable living amenity and an attractive built form environment.

ATTACHMENTS

1. Approved zoning classification plan

2. Current approved Development Plan – Village 7B

3. Existing approved density classifications plan

4. Proposed density classifications plan

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

City of Swan Local Planning Scheme No. 17

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Recommend to the Western Australian Planning Commission that the proposed modifications to Development Plan No.18 be approved subject to the following requirement:

1. All relevant text, figures and tables within the Village 7B Development Plan No.18 are updated to reflect the modifications.

2) Advise the applicant and owners of the Council's decision.

MOTION that the Council resolve to:

1) Recommend that the Western Australian Planning Commission refuse to approve the proposed modifications to Development Plan No.18 as it may result in development that adversely impacts the streetscape and residential amenity of existing lots within the area.

(Cr McDonnell - Cr Färdig)

RESOLVED UNANIMOUSLY TO:

1) Recommend that the Western Australian Planning Commission refuse to approve the proposed modifications to Development Plan No.18 as it may result in development that adversely impacts the streetscape and residential amenity of existing lots within the area.

proposed modification to development plan 18 - lot 9298 ...€¦ · the lots within the...

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