Ordinary Meeting of Council
14 October 2015
3.7
Ward:
PROPOSED ANCILLARY DWELLING, ALFRESCO AREA, 4 X SHEDS &
DRAINAGE BASIN - LOT 5 (NO.218) GUGERI ROAD, HERNE HILL (DA47914)
(Swan Valley/Gidgegannup Ward)
(Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
•
The application is for an Ancillary Dwelling (184m2), an Alfresco Area (123m2),
4 x Sheds (548m2 in total) and a Drainage Basin (68m3), on a property which
already has an existing single house. All the structures have already been
constructed.
•
The applicant has advised that the second dwelling is utilised virtually as an
extension of the main house, by immediate family members and by visiting
extended family.
•
The sheds, alfresco, and drainage basin are considered to be incidental to the
single house. An "ancillary dwelling" is a use currently not listed in the City’s
Scheme.
•
The application was advertised to surrounding landowners for public comment
and no objections were received relative to the size and siting of the buildings.
One concern around potential noise generated from the property can be
properly addressed under separate legislation.
•
The shed components of the application have been supported by the Swan
Valley Planning Committee subject to the installation of landscaping to the
City’s satisfaction.
•
All the structures, including the ancillary dwelling, are considered to be
consistent with the scheme objectives for the Rural Living zone, including the
preservation of rural character. The size of the ancillary dwelling, whilst a
departure from the size limitation expressed in Council’s policy on comparable
“ancillary accommodation” is not considered to conflict with the policy intent of
ensuring such development does not lead to the undesirable fragmentation of
rural zoned land.
It is recommended that Council grant approval to the application subject to the
conditions outlined in the Staff Recommendation.
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AUTHORITY/DISCRETION
Council has discretion pursuant to Clause 10.3 of Local Planning Scheme 17 to approve
(with or without conditions) or refuse applications for planning approval. 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 5 of the Planning and
Development Act 2005.
BACKGROUND
Applicant:
Owner:
Zoning:
LPS17 MRS Strategy/Policy:
Development Scheme:
Existing Land Use:
Lot Size:
Lot Area:
Use Class:
Albert Trajkovski
Albert Trajkovski
Rural Living
Rural
Pol-C-066, Ancillary Accommodation
Pol-TP-126, Building and Development Standards,
Rural Zones
NA
Single House, associated outbuildings and paddocks
20,236m2
Herne Hill
Use Not Listed – Ancillary Dwelling
DETAILS OF THE PROPOSAL
The development for which retrospective approval is sought comprises:
•
A two-storey second dwelling of 184.2m2 (95.7m2 ground floor and 86.7m2
upstairs), plus 62.3m2 of verandahs. The dwelling has four bedrooms and two
bathrooms. The applicant has explained it is purely for the use of family members
when they visit from the country / overseas; and potentially for his sons when
they are older. Aerial photos show it was constructed in 2009 - early 2010.
•
A free-standing covered alfresco area of 66m2, plus two smaller patios ("leanto's" on the plan) attached to it (total area 123m2). The alfresco area has a peak
roof height of 5.55m, while the patios are approximately 2.85m high (flat roofs).
The alfresco area is located about 9m to the rear of the second dwelling and has
a red tiled roof.
•
4 sheds (548m2 in combination):
o
o
Shed 1 (originally labelled on plan as "Stable")
12.6m x 6m - (75.6 m2), and height 2.85m to peak of roof (flat roof)
o
o
Shed 2 (labelled as "Shed B")
9.38m x 6.20m (58.15m2), and height 3.18m to peak of roof
o
o
Shed 3 (labelled as "Shed A")
22m x 14.3m - (313.5m2), height 4.96m to peak of roof
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o
o
Shed 4 (labelled as "Lean To", attached to Shed A)
12.43m x 8.02m - (99.7m2), height approximately 3.4m at top of skillion roof.
All 4 sheds are described as being of green colorbond and of being used for
domestic storage - i.e. storage for a personal collection of vintage cars, farm
equipment, a tractor, tools and farm equipment, and stock feed.
•
A pond, which is shown on the site plan as 14.70m long x 9.50m across. The
feature survey provided gives the volume as 68m3. It is not located near any
watercourses. While described on the application form as a "dam", it is fed by
water collected from the shed roofs (piped in) rather than interrupting natural
flows, and would be more properly described as a "drainage basin". The applicant
has stated that the primary purpose of the dam is ornamental / for keeping koi
fish.
DESCRIPTION OF SITE
The subject lot is a rectangular lot of just over 2ha, and is located among lots of a
similar size and shape, in Herne Hill. The property has been almost entirely cleared, and
appears from the aerial photo to be mostly used for paddocks. It is fairly flat, and has
several trees planted among the existing buildings and along an access track which runs
through the property.
There are several existing structures on the property, including a house in the south
west corner; and the structures subject of this retrospective application. There are also
several more unapproved structures which are not included in this application. These
include several small sheds along the southern boundary; a masonry wall about 2m high
between the two dwellings; a large pergola with steel beams, about 7m x 7m beside the
second house; and a garage or shed at the rear of the second dwelling.
APPLICANT'S SUBMISSION
"I, Albert Trajkovski of 218 Gugeri Road in Herne Hill 6056, confirm for your information
the following:
•
That the enclosed permanent structure located at the aforementioned property
which has been sighted by officers from the Shire is utilised as a dwelling.
•
The structure was built for the purpose of accommodating my family that visit my
abode or will visit in the future.
•
Currently frequent family visitors include my brother, his wife and two children
who live in Geraldton. Future visitors will include my mother and father who
reside overseas but will periodically return to Australia to visit family for extended
periods of time.
•
When not in use, the structure has been utilised for entertaining during special
events such as birthday parties, Christmas gatherings, etc. It has also been used
as storage when not in use as well as a space where my three children can have
their own space to spend time with friends and family their own age to watch
movies, play computer and board games etc."
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PUBLIC CONSULTATION
The application was initially advertised to the adjoining landowner to the south,
concerning the proposed setback variation to the southern boundary. No response was
received.
Subsequently, it became evident that the plans originally submitted had inaccurately
represented the floor area of the proposed ancillary dwelling, showing it as 111m2 rather
than 184m2. Accordingly, revised plans were submitted and referred to all adjoining
landowners and 2 opposite landowners (5 properties in total) for a period of 2 weeks.
Three responses were received, 1 objection and 2 non-objections. These are discussed
further below.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Swan Valley Planning Committee (SVPC)
The application was referred to the SVPC in relation to the proposed 563m2 of sheds.
Under the referral arrangements in place for the SVPC at the time, the SVPC reviewed
applications for sheds where over 400m2 of sheds in total were proposed on a property.
However, applications for Ancillary Dwellings were not referred to them.
At their meeting of 4 August 2014, the SVPC resolved:
1. To note that the sheds are not compatible with planning objectives 9.1 and 9.5
for Area C, but notes the buildings exist and the application is retrospective;
2. To recommend approval subject to extensive landscaping and revegetation
mitigating the visual impact of the dwelling and outbuildings from the public
roads to the satisfaction of the City of Swan.
The only public street abutting this property is Gugeri Road. The buildings are already
largely obscured from view of Gugeri Road, as they are well set back from the street
boundary (55m+), and obscured behind the existing house and some trees. Additional
trees can be required to be planted along the driveway or street boundary to further
conceal the buildings from view. The applicant has advised he is happy to do this.
DETAILS
The subject lot is zoned “Rural Living” under the City’s Local Planning Scheme No.17.
The second dwelling could be considered as a “Grouped Dwelling” under the Scheme but,
given the applicant has advised it will house family members, it has instead been
considered as an ancillary dwelling, which is a use currently not listed within the
Scheme.
The shed structures and drainage basin are incidental to the existing single house on the
land and fall within that use class, which is a “P” use within the “Rural Living” zone.
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The objectives of the “Rural Living” zone are to:
(a) Encourage a wide range of uses, including rural residential activities that are
compatible with the maintenance of the rural character of the area;
(b) Encourage viticulture and horticulture and the protection and enhancement of the
natural environment;
(c) Ensure that the development and use of land accords with the planning objectives
for Area C as specified in the Swan Valley Planning Act 1995.
The planning objectives for Area C under the Swan Valley Planning Act are:
1. The maintenance of the rural character of the area.
2. The encouragement of viticulture and horticulture.
3. The establishment of a wide range of rural activities compatible with the rural
character of the area.
4. The encouragement of revegetation.
5. Due consideration of building setbacks, retention of vegetation, suitable
building materials and suitable boundary fencing in the design of rural
residential developments.
6. The avoidance of overstocking, of clearing of natural vegetation, of activities
causing pollution or degradation of the environment and of any other land
management practices detrimental to the amenity of the area.
7. The subdivision into lots of less than 4 hectares only where this is consistent
with the objectives set out in this section.
City staff are satisfied that the use of the shed and stables, which are for domestic and
rural storage purposes, are consistent with the above objectives. As to the question as to
whether the size and siting of these structures is consistent with rural character, the
following is noted:
•
All buildings, in aggregate, comprise 1092m2 in area, which is approximately
5.4% of the lot area and less than half the 10% site coverage limitation specified
in the City's Building and Development Standards for Rural Zones (Pol-TP-126).
•
The setbacks of the buildings all comply with the City’s policy requirements
barring the side boundary setback of the stables: in any event there has been no
objection to the siting of this structure from the adjoining neighbour to the south.
•
Additional landscaping can be imposed as a condition of approval consistent with
the objective for re-vegetation set out for Area C under the Swan Valley Planning
Act 1995.
The ancillary dwelling, at 184m2 in area, is certainly larger than the 60m2 contemplated
under the City’s relevant policy with respect to Ancillary Accommodation. However it is
clear from the public adverting of the application that neither the size of the dwelling,
nor its 19 metre setback from the southern side boundary of the land, has an adverse
impact on the neighbour’s opinion of rural character.
The purpose of the City’ Policy on Ancillary Accommodation is:
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"To minimise the potential for inappropriate residential development in rural
areas, which could lead to fragmentation of rural zoned land".
This is the same objective for the City’s Policy on Grouped Dwellings on Rural zoned
land, which is to ensure that an additional dwelling, whether ancillary or otherwise,
cannot present a case for the subdivision of the land upon which it sits, contrary to the
zoning objectives for the land.
In this instance the subject land, at approximately 2 hectares in area, is unlikely to have
subdivision potential given reference to Objective 7 for Area C under the Swan Valley
Planning Act 1995. The proposed ancillary dwelling of itself is therefore unlikely to
provide a compelling rationale for the subdivision of this land into two lots. On this basis
the size of the ancillary dwelling is not considered to present a risk to the policy purpose
of ensuring against fragmentation of rural zone land.
Servicing
It has been confirmed that the second dwelling on the property can be adequately
serviced.
•
The Water Corporation has advised that the property is on mains water supply,
ensuring a sufficient water supply to the second dwelling.
•
The property is not on sewer, however the City's Environmental Health section
has advised that the property is easily large enough to deal with the septics for 2
full size houses.
Fire Risk
The house is located within an area mapped as being subject to bushfire hazard, but
would be at relatively low risk (it is within the 100m buffer zone to an area of "moderate
risk" vegetation, on flat land, and cleared underneath). An advice note will be applied to
recommend that the ancillary dwelling is retrofitted to comply with AS 3959.
OPTIONS AND IMPLICATIONS
Option 1:
Council may resolve to approve the application for the Ancillary Dwelling
(184m2), Alfresco Area (123m2), 4 x Sheds (548m2 total) and Drainage
Basin at Lot 5 (No.218) Gugeri Road, Herne Hill, subject to the conditions
outlined in the Staff Recommendation.
Implications: The approval will legitimise the buildings and structures currently
constructed without approval.
This is the recommended option.
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Option 2:
The Council may resolve not to grant planning approval for the Ancillary
Dwelling at Lot 5 (No.218) Gugeri Road, Herne Hill, on the following
grounds:
1. The size of the Ancillary Accommodation (184m2 internally with 63m2
of verandahs) represents an unacceptable variation to the City's policy
on Ancillary Accommodation in Rural Zones, Pol-C-066; and is not
consistent with the intent of the policy.
But,
Council may resolve to approve the Alfresco Area (123m2), 4 x Sheds
(548m2 total) and Drainage Basin, at Lot 5 (No.218) Gugeri Road, Herne
Hill, subject to the following conditions:
1. This approval is for 4 x Sheds (563m2 total), Alfresco Area (123m2
total), and Dam (68m3) as indicated on the plans date stamped
received at the City of Swan on 18 May 2015 and 16 March 2015.
2. Alternative firebreaks must be approved for the property which do not
conflict with buildings as shown on the approved plans, prior to the
issue of a Building Approval Certificate for any of the structures subject
of this approval. An application for alternative firebreaks is to be made
to the City (Community Safety) within 30 days of this approval.
3. A landscaping plan is to be submitted to the City within 30 days of the
date of this approval. The plan is to detail locations and species of
additional tree / vegetation planting between Gugeri Rd and the
buildings subject of this approval. The landscaping is to provide
effective screening to mitigate the visual impact on Gugeri Rd, to the
satisfaction of the Manager, Statutory Planning.
The landscaping plan referred to above must be implemented prior to
the issue of a Building Approval Certificate for any of the structures
subject of this approval. Proof that the plan has been implemented
(photographs with a covering letter) must be submitted to Statutory
Planning to satisfy this condition.
The landscaping is to be continually maintained to an effective
standard, to the satisfaction of the City of Swan.
4. All stormwater is to be collected and contained onsite. No stormwater
is to be discharged from the property into other land or reserves.
Stormwater drainage plans are to be included at submission of building
permit application.
5. The applicant is to ascertain the location and depth of any services that
may interfere with this development.
Any adjustment to these
services required as part of this approval, must be arranged by the
applicant prior to works commencing on the site. Any adjustment
must be approved by the relevant service authorities and will be at the
applicant's expense.
6. The sheds and alfresco area shall only be used for domestic and/or
rural purposes associated with the property, and not for human
habitation.
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7. 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.
Implications: This option allows the owner to retain the existing structures subject of
this application, other than the proposed Ancillary Dwelling. The City may
issue a Direction to remove the unauthorised Ancillary Dwelling. The
applicant will have a right of a review of the decision by the State
Administrative Tribunal.
This is not the recommended option.
CONCLUSION
The proposal is considered acceptable for the following reasons:
•
The sheds, alfresco, and drainage basin are considered to be incidental to the
single house, are consistent with the objectives for the zone and the rural
amenity of the area, and are not considered contentious. The central issue for
consideration is whether the proposed Ancillary Dwelling can be supported.
•
It is concluded that the Ancillary Dwelling meets the Scheme objectives for the
Rural Living zone, the objectives of the Swan Valley Planning Act 1995 for Area C,
and the intent of Pol-C-066 on Ancillary Accommodation, because:
o
There is no detrimental impact on the rural amenity of the vicinity, or
neighbouring properties;
o
The only objection received from neighbours relates to current noise issues
and potential occupancy of the buildings, rather than the proposal put
forward;
o
The Ancillary Accommodation cannot be used as a basis to subdivide the land;
o
There is little rationale to restrict the floorspace of an Ancillary Dwelling, or to
limit distance between it and the main dwelling, when the dwelling meets the
intent of the City's Ancillary Accommodation Policy. The Ancillary
Accommodation has a link to the main dwelling, in that occupancy is restricted
to family members of the main dwelling.
It is recommended that the Council support the proposal subject to conditions, including
that the occupancy of the Ancillary Dwelling be limited to family members only; that the
sheds are used only for purposes incidental to the domestic/rural use of the property;
that additional landscaping is provided at the front of the property; that alternative
firebreaks are approved for the property; and that retrospective building approval be
sought for all structures within a specified timeframe.
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ATTACHMENTS
•
Location plan
•
Plans (Site plan, floor plans, elevations)
•
Site photos
STRATEGIC IMPLICATIONS
The application has potential to set a precedent for similar oversize Ancillary Dwellings in
rural zones.
STATUTORY IMPLICATIONS
•
•
•
•
LPS 17 Objectives for the Rural Living zone
Building and Development Standards - Rural Zones (Pol-TP-126)
Ancillary Accommodation (Pol-C-066)
Swan Valley Planning Act 1995
VOTING REQUIREMENTS
Simple majority
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Ordinary Meeting of Council
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RECOMMENDATION
That the Council resolve to:
1)
Approve the application for the Ancillary Dwelling (184m2), Alfresco Area (123m2),
4 x Sheds (548m2 total) and Drainage Basin, at Lot 5 (No.218) Gugeri Road, Herne
Hill, subject to the following conditions:
1.
This approval is for “Ancillary Dwelling” as defined in the Residential Design
Codes (August 2013); plus 4 x Sheds (563m2 total), Alfresco Area (123m2
total), and Dam (68m3) and the subject land may not be used for any other
use without the prior approval of the City.
2.
Occupation of the Ancillary Dwelling shall be restricted to members of the
family of the occupier of the main dwelling on the land the subject of the
proposed development.
3.
Prior to the issue of a Building Approval Certificate for the unauthorised
Ancillary Dwelling or within 60 days from the issue of this approval
(whichever is earliest) the owner shall execute and provide to the City a
notification pursuant to Section 70A of the Transfer of Land Act 1893 to be
registered on the title to the land as notification to prospective purchasers
that the use of the Ancillary Dwelling is subject to the restriction outlined in
Condition (2) above.
The Section 70A Notification shall be prepared by the City's solicitors
(currently McLeods) to the satisfaction of the City of Swan and all costs of
and incidental to the preparation of and registration of the Section 70A
Notification including the City's solicitor's costs shall be met by the applicant
or the owner of the land.
4.
Alternative firebreaks must be approved for the property which do not conflict
with buildings as shown on the approved plans, prior to the issue of a
Building Approval Certificate for any of the structures subject of this approval.
An application for alternative firebreaks is to be made to the City (Community
Safety) within 30 days of this approval.
5.
A landscaping plan is to be submitted to the City within 30 days of the date of
this approval. The plan is to detail locations and species of additional tree /
vegetation planting between Gugeri Rd and the buildings subject of this
approval. The landscaping is to provide effective screening to mitigate the
visual impact on Gugeri Rd, to the satisfaction of the Manager, Statutory
Planning.
The landscaping plan referred to above must be implemented prior to the
issue of a Building Approval Certificate for any of the structures subject of
this approval. Proof that the plan has been implemented (photographs with a
covering letter) must be submitted to Statutory Planning to satisfy this
condition.
The landscaping is to be continually maintained to an effective standard, to
the satisfaction of the City of Swan.
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Ordinary Meeting of Council
14 October 2015
6.
All stormwater is to be collected and contained onsite. No stormwater is to
be discharged from the property into other land or reserves. Stormwater
drainage plans are to be included at submission of building permit
application.
7.
The applicant is to ascertain the location and depth of any services that may
interfere with this development. Any adjustment to these services required
as part of this approval, must be arranged by the applicant prior to works
commencing on the site. Any adjustment must be approved by the relevant
service authorities and will be at the applicant's expense.
8.
The sheds and alfresco area shall only be used for domestic and/or rural
purposes associated with the property, and not for human habitation.
9.
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 and relevant advice notes
pertaining to the approval.
3)
Advise those that lodged a submission of the Council's decision.
CARRIED
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