Ordinary Meeting of Council
17 August 2016
13.1
Ward:
PROPOSED MULTIPLE DWELLINGS (15) - LOT 110 (NO.11) DUDLEY
STREET, MIDLAND (DA889-15)
(Midland/Guildford Ward)
(Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
•
Planning approval is sought for a 15 unit Multiple Dwelling development on Lot
110 (No.11) Dudley Street, Midland.
•
The subject lot is zoned 'Residential' with a density code of R60 under the
City’s Local Planning Scheme No.17 (LPS17). Multiple Dwelling is a
discretionary ('D') use in the 'Residential' zone, meaning that the use is not
permitted unless the local government has exercised its discretion by granting
planning approval.
•
The application was presented to Council at its meeting held on 27 July 2016,
where it was resolved to defer determination of the application to allow the
applicant the opportunity to address concerns within the report relating to the
proposed plot ratio of approximately 1:0.88 for the development in lieu of the
'deemed-to-comply' maximum ratio of 1:0.7 as set out in the R-Codes, which is
an additional 240m2 of plot ratio area than what is deemed acceptable for the
R60 density code.
•
The applicant subsequently submitted revised development plans that reduce
the number of proposed multiple dwellings from 16 to 15 dwellings, and reduce
the proposed plot ratio variation from 1:0.88 to 1:0.73, which translates to an
additional 41.5m2 of plot ratio area rather than 240m2 of additional area as
originally proposed. City staff consider the proposed development now fulfils
the design principle for 'building size' (plot ratio) as set out in the R-Codes, in
that development will be of a bulk and scale indicative of the R60 density code
and consistent with the existing and future desired built form of the locality.
•
The proposed development does not meet other 'deemed-to-comply'
requirements of the R-Codes relating to building height and lot boundary
setbacks. These aspects of the proposal and other minor 'deemed-to-comply'
variations relating to outdoor living area, landscaping, design of car parking
spaces and utilities and facilities require consideration against the relevant
design principles of the R-Codes.
•
The application was advertised to the two adjoining (side) landowners for a
period of 14 days to seek comment on proposed variations to building and
visual privacy setback distances. No objection to the proposed building
setbacks and extent of overlooking was received from either landowner. The
development design has nevertheless been amended by the applicant to satisfy
the 'deemed-to-comply' requirements of the R-Codes relating to visual privacy.
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Ordinary Meeting of Council
17 August 2016
•
The application was referred to the Department of Water (DoW) as a portion of
the development site is affected by major flooding from Blackadder Creek. DoW
advised that the development is acceptable with respect to major flooding
because habitable areas will have a raised floor level adequate for flood
protection. Should the development be approved, it is recommended that
future landowners are advised via a notification on title of the potential for
flooding and also of their landowner responsibilities to continually inspect and
maintain the land to ensure ongoing protection against the impacts of land
erosion due to flooding from Blackadder Creek.
•
The proposed development can be seen to further the objectives of the
'Residential' zone, and to comply with the design principles of the R-Codes and
the relevant development standards set out in the City's various policies,
design specifications, and guidelines pertaining to residential development.
It is recommended that the Council resolve to grant approval for the proposed Multiple
Dwelling on Lot 110 (No.11) Dudley Street, Midland, subject to conditions.
AUTHORITY/DISCRETION
Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17
(LPS 17) and Clause 68(2) of Schedule 2 of Part 9 of the Planning and Development Act
(Local Planning Schemes) Regulations 2015 to approve (with or without conditions) or
refuse to approve the application. 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.
BACKGROUND
Applicant:
Owner:
Zoning:
LPS17 MRS Strategy/Policy:
Development Scheme:
Existing Land Use:
Lot Area:
Use Class:
Archiplan Architects & Planners
G8 Holdings Pty Ltd - Terry Smith (Director), Ronald
Forlee (Director), Jared Forlee (Director), Ashley
Richards (Director)
Residential (R60)
Urban
State Planning Policy 3.1 - Residential Design Codes of
Western Australia (R-Codes)
Local Planning Scheme No.17
Single House
1,348m2
Multiple Dwelling “D”
The application was presented to Council at its meeting held on 27 July 2016, where it
was resolved to defer determination of the application to allow the applicant the
opportunity to address concerns within the report relating to the proposed plot ratio of
approximately 1:0.88 for the development in lieu of the maximum ratio of 1:0.7 as set
out in the R-Codes, which is an additional 240m2 of plot ratio area than what is deemed
acceptable for the R60 density code.
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Ordinary Meeting of Council
17 August 2016
The applicant has subsequently submitted revised development plans that reduce the
number of proposed multiple dwellings from 16 to 15 dwellings, and reduce the proposed
plot ratio variation from 1:0.88 to 1:0.73, which translates to an additional 41.5m2 of
plot ratio area rather than 240m2 of additional plot ratio area as originally proposed for
the development.
The revised plans also propose a significant change to the original development by relocating the lowest level storage area from the rear of the lot where the land is subject
to major flooding from the Blackadder Creek, to a location partially below the natural
ground level under the front most building of the development and wholly outside of the
flood prone area.
DETAILS OF THE PROPOSAL
The application proposes the development of 15 Multiple Dwellings on Lot 110 (No.11)
Dudley Street, Midland. The Multiple Dwelling development will be separated into a two
buildings, which combined will comprise of 3 single-bedroom dwellings and 12 twobedroom dwellings, all of which will be between 50m2 and 72m2 in plot ratio area.
The front most building will be two storeys high as viewed from Dudley Street and up to
three storeys at the rear where one of the proposed dwellings and a utilities area will be
located partially below the natural ground level. The rear most building will be three
storeys high with the lowest level partially on stilts above natural ground level.
A total of 19 on-site vehicle parking bays, inclusive of 15 undercover resident parking
bays and 4 visitor parking bays, will be provided for the development as well as bicycle
racks for residents and visitors.
DESCRIPTION OF SITE
The subject development site is a rectangular lot of 1,348m2 area located on Dudley
Street approximately 100 metres north of the intersection of Morrison Road in Midland.
The lot is zoned 'Residential' with a density code of R60 under the City’s LPS17.
The topography of the lot slopes downwards by a vertical distance of approximately 6
metres from the level at the front adjoining Dudley Street to the rear boundary of the
lot, which abuts the Blackadder Creek (Midland main drain) contained within a Local
Reserve for Recreation under LPS17.
There is little vegetation cover on the lot except for a few small trees scattered at the
rear and along the northern side boundary. The lot contains an existing single dwelling at
the front of the lot that will be demolished to make way for the proposed development
should it be approved. Vehicular access to the site is provided via an existing crossover
to Dudley Street.
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17 August 2016
PUBLIC CONSULTATION
The application was advertised to the two adjoining (side) landowners to the north and
south of the subject lot for a period of 14 days in accordance with Part 4 of the
Residential Design Codes (R-Codes), to seek comment on proposed variations to building
and visual privacy setback distances. No objection to the proposed building setbacks and
extent of overlooking was received from either landowner. The development design has
nevertheless been amended by the applicant to satisfy the 'deemed-to-comply'
requirements of the R-Codes relating to the provision of visual privacy.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Department of Water
A portion of the development site is affected by major flooding from the Swan River /
Blackadder Creek. The Department of Water (DoW) have advised that the proposed
development is acceptable with respect to major flooding as it will have a minimum
habitable floor level of 7.30m AHD, which will ensure adequate flood protection. The
DoW also advise that any electrical installations for the development should be located at
least above 6.58m AHD and be suitably insulated.
Department of Aboriginal Affairs
A portion of the development site is affected by an Aboriginal Heritage Site. The
Department of Aboriginal Affairs (DAA) have no objection to the proposal, however
recommend that the landowner and developer conduct an Aboriginal Heritage Due
Diligence Risk Assessment, in addition to the Aboriginal Heritage Survey submitted as
part of the application, prior to implementing the proposal. City staff note that this
requirement may be addressed through an advice note should the development be
approved.
DETAILS
Zoning and Permissibility of Use Class
The subject lot is zoned 'Residential' with a density code of R60 under the City’s LPS17.
Multiple Dwelling is a discretionary ('D') use in the 'Residential' zone, meaning that the
use is not permitted unless the local government has exercised its discretion by granting
planning approval.
The objectives of the 'Residential' zone are to:
(a)
provide for a range of forms and densities of residential development to meet the
needs of the wide variety of households which make up the community;
(b)
promote a residential environment in each locality consistent with the form and
density of residential development permissible in the locality, so as to enhance a
sense of place and community identity;
(c)
preserve and enhance those characteristics which contribute towards residential
amenity, and to avoid those forms of development which have the potential to
prejudice the development of a safe and attractive residential environment;
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Ordinary Meeting of Council
17 August 2016
(d)
provide for a limited range of ancillary development compatible with the form and
density of residential development, and complementary to the needs of local
communities, but which will not compromise residential amenity;
(e)
avoid development of land for any purpose or in any manner that would detract
from the viability or integrity of development in either the Strategic Regional Centre
or the Commercial zones.
The proposed Multiple Dwelling development is a residential development consistent with
objective (a) of the zone. As detailed in the following assessment of the proposal against
the Residential Design Codes of Western Australia (R-Codes) and local planning
framework, the development is considered to further objectives (b) and (c) of the zone
to provide residential development that is of a form and density permissible in the
locality, and to preserve and enhance those characteristics which contribute toward
residential amenity so as to promote the development of a safe and attractive residential
environment.
The proposed development is not an ancillary residential development and does not
entail any form of commercial development, and so objectives (d) and (e) of the zone do
not come into consideration.
Residential Design Codes of Western Australia (R-Codes)
The application proposes a number of variations to the deemed-to-comply requirements
of the R-Codes as applicable to the R60 density code, most notably relating to building
size, building height and lot boundary setbacks. The proposed variations have been
assessed against the relevant design principles and are considered to be acceptable as
discussed below:
6.1.1 C1 – Building Size:
Variation:
The development proposes a plot ratio of approximately 1:0.73 where
the maximum allowable under the deemed-to-comply requirement is
1:0.7. This variation translates to an additional 41.5m2 of plot ratio
area for the development than what is deemed acceptable for the R60
density code.
Justification:
The proposed development is considered to be acceptable against the
relevant design principle for 'Building Size', which seeks to control the
built form (ie. bulk and scale) of the proposed development and not its
density. The development can be seen to be of a bulk and scale
consistent with the desired built form of the locality given the proposed
plot ratio of 1:0.73 is approximate to the 1:0.7 plot ratio deemed
acceptable for the R60 density code, and given the development can be
seen to satisfy the other design principles relating to bulk and scale,
namely building height, open space, and building setbacks.
The provision of open space in particular will comply with the minimum
deemed-to-comply requirement of 45% of the lot area as applicable to
the R60 density code. In relation to building height and setbacks, the
development has been designed to incorporate architectural treatments
such as podium-style massing of development, articulated façades and
concealed roofs to moderate the impact of the development on the
perception of bulk and height and access to direct sun for adjoining
properties consistent with the relevant design principles.
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Ordinary Meeting of Council
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The proposed development will present as two-storey to the street so
as to maintain a scale of development that is appropriate for
pedestrians and will contribute to the desired streetscape by reducing
the appearance of bulk and responding to the existing street character
and compatible with the desired built from of the locality at the R60
density code.
The development will also provide the minimum number of on-site
vehicle parking bays required for the proposed number of dwellings,
which indicates that the proposed plot ratio are is not excessive.
6.1.2 C2 – Building Height:
Variation:
The rear-most walls and concealed roof, including balcony, of the
proposed development measures approximately 11-12m in height above
the existing natural ground level in lieu of the maximum deemed-tocomply building height of 10m.
Justification:
The proposed variation to building height is confined to a limited portion
of the development and is considered to fulfil the relevant design
principles to have no adverse impact on the amenity of adjoining
properties. The development has been designed to moderate the
perception of building height and bulk as viewed from the adjoining
properties through the use of podium-style stepping back of upper levels
from the lot boundary, and the use of articulation and variation in
materials to create depth in the building façade.
The proposed building height will not interfere with access to views of
significance toward Blackadder Creek from the surrounding properties and
the development will have minimal impact on the provision of daylight
and direct sun to both the subject development and the adjoining
properties.
It is noted that the variation to building height occurs only at the rear of
the development and will have no adverse impact on the streetscape
consistent with the design principles.
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6.1.4 C4.1 – Lot Boundary Setbacks:
Variation:
The proposed development will be setback from the northern boundary
(Lot 109 (No.13) Dudley Street) in variation to the deemed-to-comply
minimum setbacks as detailed below:
Wall
Required
Setback
Proposed
Setback
Variation
Front Building
Level 3 Wall
(H=7.5m)
3.0m
1.5m
1.5m
(H=9m)
3.6m
1.5m
2.1m
Rear Building
Level 2 Wall
(H=7.5m)
3.0m
2.41m
0.59m
(H=9.5m)
3.8m
2.41m
1.39m
The proposed development will be setback from the southern boundary
(Lot 111 (No.9) Dudley Street) in variation to the deemed-to-comply
minimum setbacks as detailed below:
Wall
Required
Setback
Proposed
Setback
Variation
Front Building
Level 3 Wall
(H=7.5m)
3.0m
2.45m
0.55m
Rear Building
Level 2 Wall
(H=8.5m)
3.3m
2.4m
0.9m
(H=9.5m)
3.8m
2.4m
1.4m
(H=10m)
4m
3.45m
0.55m
(H=10m)
1.5m
1.4m
0.1m
(H=13m)
4.75m
3.45m
1.3m
Level 3 Wall
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17 August 2016
Justification:
The setback variations were advertised to both affected landowners and
no objection to the proposed development was received from either.
The development is nevertheless assessed against the relevant design
principles of the R-Codes, being that buildings will be setback from lot
boundaries so as to:
1) ensure adequate daylight, direct sun and ventilation for buildings and
the open space associated with them, and ensure access to daylight and
direct sun for adjoining properties;
The location and orientation of the proposed development relative to
existing development on Lot 109 (No.13) Dudley Street to the north
means that the proposed building setbacks will have negligible impact
on the provision of ventilation, daylight and direct sun to both the
subject development and the adjoining property (Lot 109).
The applicant has submitted an overshadowing diagram to demonstrate
that the proposed development will cast a mid-winter shadow over
approximately 25% of Lot 111 (No.9) Dudley Street to the south,
compliant with the deemed-to-comply requirements of the R-Codes.
The area of Lot 111 that will be overshadowed by the proposed
development comprises only the north-eastern half of the existing
dwelling on the land, and a portion of open space behind the dwelling
that is already shadowed by existing mature trees on the lot.
2) assist with the protection of privacy between adjoining properties;
The proposed development will meet the deemed-to-comply
requirements of the R-Codes for visual privacy through the use of
screening to balconies and windows with an obscure treatment or sill
height at 1.6m and above (ie. non-major openings) to restrict views
from all major openings and outdoor living and active habitable spaces
of the development towards both of the adjoining properties.
3) moderate the visual impact of building bulk on a neighbouring
property;
It is considered that the proposed setbacks of the development will
have minimal visual impact on the perception of building bulk as viewed
from the adjoining properties as detailed below:
The proposed setback of a 5.5m wide portion of the façade at 1.4m
from the northern boundary (Lot 111) in lieu of 1.5m is considered to
be a minor building projection that will serve to articulate the
development façade and result in minimal visual impact relative to the
overall scale of the development.
Of greater relevance is the proposed setback of the front building of the
multiple dwelling development at 1.5m from the northern boundary (Lot
109) in lieu of the minimum requirement of 3.6m as applicable to the
highest point of the building wall, and the setback of this building at
2.45m from the southern boundary (Lot 111) in lieu of the minimum
requirement of 3m.
Both adjoining lots contain single-storey dwellings, with the dwelling on
Lot 109 setback 1.2m from the common lot boundary and the dwelling
on Lot 111 to the south built up to the common lot boundary. In both
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Ordinary Meeting of Council
17 August 2016
cases the proposed development will be within view of major openings
to the dwelling, however upward views of the second-storey of the
proposed development and above will be restricted from the existing
dwellings due to the close proximity and single-storey elevation of the
major openings. In this regard, the potential visual impact of building
bulk as viewed from existing development on Lot 109 and Lot 110 is
considered to be minimal.
The proposed setback of the second-storey of the rear building of the
multiple dwelling development at 2.41m from the Lot 109 boundary in
lieu of the minimum requirement of 3.8m as applicable to the highest
point will primarily impact the rear half of Lot 109 containing an existing
shed and substantial vegetation. A verandah and deck are located on
the northern side of the existing dwelling on Lot 109 and so views of
the development from this outdoor living area will be partially
obstructed by the existing dwelling as well as surrounding vegetation.
The proposed setback of the second-storey of the rear building at 2.4m
from the Lot 111 boundary in lieu of the minimum requirement of 3.8m
as applicable to the highest point, and the third-storey at 3.45m in lieu
of the minimum requirement of 4.75m will impact the rear half of Lot
111, only a portion of which appears to contain an outdoor active
habitable space and which is otherwise screened from the view of the
subject lot by existing mature trees and vegetation. It is therefore
considered that the impact of building bulk is likely to be minimal where
views in the direction of the proposed development from the outdoor
living areas of adjoining land will occur.
6.3.1 C1 – Outdoor Living Areas:
Variation:
Justification:
The balconies (outdoor living area) of four of the proposed units with the 3
and 4A unit designs are approximately 9.25m2 and 9.5m2 in area
respectively, in lieu of the minimum required area of 10m2.
The variations are minor and accepted on the basis that the proposed
outdoor living areas are considered to be sufficient in area to be capable
of active or passive use in conjunction with a habitable room, consistent
with the design principles.
6.3.2 C2i) – Landscaping:
Variation:
More than 50% of the street setback area will be hard surface.
Justification:
The variation is considered to be acceptable given the proposed design
will allow for some landscaping to contribute to the streetscape while also
meeting the needs of residents as per the relevant design principle
through provision of visitor parking bays and adequate vehicle access and
manoeuvrability.
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6.3.4 C4.1 – Design of Car Parking Spaces:
Variation:
The required "blind aisle" 1m clearance area beyond the last visitor
parking bays as specified in AS2890.1 (2004) will be potentially
obstructed by a proposed security gate.
Justification:
The proposed design is considered to be acceptable given the "blind
aisle" will be clear as necessary when the security gate is open. The
residential nature of the development means low turnover and users
that are generally prepared to accept some inconvenience when
entering or leaving the parking space (ie. three-point turns) as per the
minimum required function of parking facilities for residential uses as
stipulated in Table 1.1 of AS2890.1 (2004). The proposed design of
visitor parking bays is considered adequate for convenient access in
accordance with the relevant design principles.
6.4.6 C6.1 – Utilities and Facilities:
Variation:
The proposed stores for 12 of the multiple dwellings will have an internal
area of 3.8m2 in lieu of the minimum required area of 4m2.
Justification:
The variation is considered to be minor and acceptable given all other
aspects of the ''deemed-to-comply'' requirements are satisfied, including
provision of a minimum dimension of 1.5m, and given each store will
comply with the relevant design principles to be conveniently located,
screened from view, and able to be secured and managed.
Local Policies and Design Specifications / Guidelines
The proposed development complies with the
specifications, and guidelines as discussed below:
City's
various
policies,
design
Public Art:
A condition requiring the applicant to make a contribution to public art, either monetarily
or via development on-site, is recommended in accordance with the Provision of Public
Art policy.
Vehicle access / manoeuvrability:
Suitable provision has been made in the design of the development for efficient vehicular
circulation within the lot in accordance with relevant provisions of the City’s Building &
Development Standards - Residential Zones policy.
Stormwater Drainage:
Stormwater plans have been prepared to demonstrate that stormwater produced on the
site will be adequately managed and drained to the satisfaction of City staff. A drainage
contribution is required should the development be approved, because the lot is located
within the Midland District Drainage Contribution Area and subject to the City of Swan's
Midland District Drainage Development Reserve Fund policy.
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Waste Collection and Storage:
A screened and secure bin storage area will be provided on-site for the dwellings
compliant with the City's Waste Management Operational Guidelines. The development
site has adequate street verge to accommodate the placement of the required number of
bins on collection day.
Flood Fringe - Department of Water
A portion of the development site is affected by major flooding from the Swan River /
Blackadder Creek. The Department of Water (DoW) advised that the 1 in 100 year AEP
(annual exceedence probability) flood level for the site is expected to be 6.58m AHD.
The DoW advise that the proposed development is acceptable with respect to major
flooding as it will have a minimum habitable floor level of 7.30m AHD, which will ensure
adequate flood protection.
Should the development be approved, it is recommended that future landowners are
advised via a notification on title of the potential for major flooding from Blackadder
Creek, and also made aware of their responsibility to design development to withstand
the impacts of land erosion due to flooding and to continually inspect and maintain the
land to ensure ongoing protection.
Bushfire Prone Area
The subject lot was designated a Bushfire Prone Area by the Fire and Emergency
Services Commissioner on 21 May 2016. As the land has been designated bushfire prone
for less than four months, the requirement to prepare a bushfire attack level assessment
for the development site does not apply in accordance with Clause 78D(1)(b) of
Schedule 2 Part 10A of the Planning and Development (Local Planning Schemes)
Amendment Regulations 2015. The applicant is aware that additional planning and
building requirements may apply to development on the site from 21 September 2016
onwards.
State Planning Policy - Aircraft Noise
The subject lot is located within the 20-25 ANEF noise exposure zone and the proposed
development is a "noise-sensitive premises" as defined in SPP 5.1 - Land Use Planning in
the Vicinity of Perth Airport. The development is a conditionally acceptable building type
in the 20-25 ANEF zone and subject to a notice on title advising of the potential for noise
nuisance in accordance with SPP 5.1 should the development be approved.
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OPTIONS AND IMPLICATIONS
Option 1:
Council may resolve to grant approval for the proposed Multiple Dwelling
on Lot 110 (No.11) Dudley Street, Midland, 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 to grant approval for the proposed Multiple
Dwelling on Lot 110 (No.11) Dudley Street, Midland, for the following
reason:
1.
The proposed development will not satisfy the Design Principles for
the design element of 'Building Size' as set out in State Planning
Policy 3.1 - Residential Design Codes of Western Australia (R-Codes).
Implications: The owner/applicant would have a right of review
Administrative Tribunal if aggrieved by this decision.
to
the
State
This is not the recommended option.
CONCLUSION
Planning approval is sought for a 15 unit Multiple Dwelling development on Lot 110
(No.11) Dudley Street, Midland. The subject lot is zoned 'Residential' with a density code
of R60 under the City’s Local Planning Scheme No.17 (LPS17). Multiple Dwelling is a
discretionary ('D') use in the 'Residential' zone, meaning that the use is not permitted
unless the local government has exercised its discretion by granting planning approval.
The application was presented to Council at its meeting held on 27 July 2016, where it
was resolved to defer determination of the application to allow the applicant the
opportunity to address concerns within the report relating to the proposed plot ratio of
approximately 1:0.88 for the development in lieu of the 'deemed-to-comply' maximum
ratio of 1:0.7 as set out in the R-Codes, which is an additional 240m2 of plot ratio area
than what is deemed acceptable for the R60 density code.
The applicant subsequently submitted revised development plans that reduce the
number of proposed multiple dwellings from 16 to 15 dwellings, and reduce the proposed
plot ratio variation from 1:0.88 to 1:0.73, which translates to an additional 41.5m2 of
plot ratio area rather than 240m2 of additional area as originally proposed. City staff
consider the proposed development now fulfils the design principle for 'building size'
(plot ratio) as set out in the R-Codes, being that development will be of a bulk and scale
indicative of the R60 density code and consistent with the existing and future desired
built form of the locality.
The proposed development does not meet other 'deemed-to-comply' requirements of the
R-Codes relating to building height and lot boundary setbacks. These aspects of the
proposal and other minor 'deemed-to-comply' variations relating to outdoor living area,
landscaping, design of car parking spaces and utilities and facilities require consideration
against the relevant design principles of the R-Codes.
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Ordinary Meeting of Council
17 August 2016
The application was advertised to the two adjoining (side) landowners for a period of 14
days to seek comment on proposed variations to building and visual privacy setback
distances. No objection was received from either landowner. The development design
has nevertheless been amended by the applicant to satisfy the 'deemed-to-comply'
requirements of the R-Codes relating to the provision of visual privacy.
The application was referred to the Department of Water (DoW) because a portion of the
development site is affected by major flooding from Blackadder Creek. The DoW advised
that the development is acceptable with respect to major flooding because habitable
areas will have a raised floor level adequate for flood protection. Should the
development be approved, it is recommended that future landowners are advised via a
notification on title of the potential for major flooding and also of their landowner
responsibilities to continually inspect and maintain the land to ensure ongoing protection
against the impacts of land erosion due to flooding from Blackadder Creek.
The proposed development can be seen to further the objectives of the 'Residential'
zone, and to comply with the design principles of the R-Codes and the relevant
development standards set out in the City's various policies, design specifications, and
guidelines pertaining to residential development.
It is recommended that the Council resolve to grant approval for the proposed Multiple
Dwelling on Lot 110 (No.11) Dudley Street, Midland, subject to conditions.
ATTACHMENTS
Location Plan
Development Plans
•
Site Plans (x3)
•
Elevation Plans (x3)
•
Stormwater Plan
3D Perspectives
STRATEGIC IMPLICATIONS
Nil
STATUTORY IMPLICATIONS
State Planning Policy 3.1 - Residential Design Codes of Western Australia (R-Codes)
Local Planning Scheme No.17
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FINANCIAL IMPLICATIONS
Nil
VOTING REQUIREMENTS
Simple majority
RECOMMENDATION
That the Council resolve to:
1)
Grant approval for the proposed Multiple Dwelling on Lot 110 (No.11) Dudley
Street, Midland, subject to the following conditions:
1.
This approval is for “Multiple Dwellings" (15 dwellings) as defined in the
City’s Local Planning Scheme No.17 and the subject land may not be used
for any other use without the prior approval of the City.
2.
Use of the site for the purpose approved shall not commence until an
Occupancy Permit is issued.
3.
In order to comply with the City of Swan Provision of Public Art Policy POLP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within
28 days of the grant of this approval elect either;
(a) To pay to the City the sum of ($32,000) which equates to 1% of the
Construction Cost of the development, in lieu of providing on-site
Public Art (option 1); or
(b) Seek approval form the City for an artist to provide Public Art on the
development site to a minimum value of ($32,000) (option2).
If the election is Option 1, the cash-in-lieu amount must be paid to the
City on the earlier of the date specified in an invoice issued by the City, or
prior to the issuance of the building permit for the development the
subject of the approval.
If the election is Option 2:
(a) the owner(s) or applicant on behalf of the owner(s) within a further
28 days following the election (or such longer period agreed by the
City) must seek approval from the City for a specific Public Art work
including the artist proposed to undertake the work. The City may
apply further conditions regarding the proposed Public Art;
(b) no part of the development may be occupied or used unless the Public
Art has been installed in accordance with an approval granted by the
City;
(c) the Public Art approved must be maintained during the continuation of
the development; and
Page 14
Ordinary Meeting of Council
17 August 2016
(d) prior to the lodgement of a building permit application a Notification
pursuant to section 70A of the Transfer of Land Act must be lodged
against the certificate of title to the land on which the development is
to be carried out, to make the proprietors and prospective purchasers
aware of the preceding point (c) of this condition.
4.
The landowner shall make a contribution to the City of Swan in accordance
with the City of Swan Policy POL-C-040 “Midland District Drainage
Development Reserve Fund” based on the total site allotment area of
1,348m2 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.
5.
The approved Multiple Dwelling shall have a minimum habitable floor level
of 7.30m AHD. Any electrical installations for the development shall be
located above 6.58m AHD and be suitably insulated.
6.
A Notification under Section 70A of the Transfer of Land Act 1893 shall be
registered over the certificate of title to the land the subject of the
proposed development prior to the lodgement of an application for a
building permit. The Section 70A Notification shall be prepared by the
City's solicitors (currently McLeods, 220-222 Stirling Highway, Claremont Phone 9383 3133) 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 solicitors' costs shall be met by the
applicant or the owner of the land.
The notification shall notify owners and prospective purchasers of the land
that the land is subject to flooding from Blackadder Creek during major
storm events, and that any electrical installations for the development
should be located at least above the 1 in 100 AEP flood level and be
suitably insulated. The notification shall also notify owners and prospective
purchasers of their responsibility to design development to withstand the
impacts of land erosion due to flooding from Blackadder Creek, and to
continually inspect and maintain land to ensure ongoing protection and
retention.
7.
A Notification under Section 70A of the Transfer of Land Act 1893 shall be
registered over the certificate of title to the land the subject of the
proposed development prior to the lodgement of an application for a
building permit. The notification shall notify owners and prospective
purchasers of the land that the land is affected by aircraft noise.
8.
The existing street tree within the verge abutting the subject lot is to be
removed at the landowner's cost and replaced with a minimum 100 litre
bag size Lophostemon Confertus (Queensland Box Tree), which shall be
planted within the verge on the opposite side of Dudley Street in a location
central to the subject lot boundaries, to the satisfaction of the City of
Swan Coordinator - Assets (Parks & Land).
9.
The glass balustrade for the balconies of the Multiple Dwellings as shown
on the approved plans shall be at least 1.6m in height above floor level
and constructed of 75 per cent obscure glass or the like to screen the
balconies from the view of the primary street and/or to restrict views from
the balconies in the direction of adjoining properties to the satisfaction of
the City of Swan Manager - Statutory Planning.
Page 15
Ordinary Meeting of Council
17 August 2016
The approved glass balustrade shall be maintained in good condition and
shall be replaced to meet the same specification as approved herein in the
event of damage or breakage. The balustrade shall otherwise not be
removed or altered unless the replacement screening and / or alterations
meet the same specification as approved herein.
10.
Provision must be made for access and facilities for use by people with
disabilities in accordance with provisions of the Building Code of Australia
and AS 1428.1.
11.
The parapet wall(s), footings, earthworks and/or structures of the
approved development shall be constructed inside the allotment and are
not to extend over any lot boundaries.
12.
The surface of the parapet wall shall be finished to a professional standard
(i.e. have raked/rolled joints or an even render finish) to the satisfaction
of the City of Swan's Manager of Statutory Planning.
13.
No stormwater produced from this property shall be channelled or
discharged directly into the Blackadder Creek (Midland Main Drain) local
reserve except where stormwater is collected and disposed into the
reserve via a silt trap and in accordance with the stormwater management
strategy plan approved as part of this development, and to the
specifications of the City of Swan.
14.
No fluid other than uncontaminated stormwater is to enter the Blackadder
Creek reservation.
15.
A total of nineteen (19) off-street vehicle parking bays, inclusive of four
(4) visitor parking bays, shall be provided in accordance with the approved
plan. Vehicle parking bays and access aisles shall be clearly line-marked
on the ground and designed in accordance with the Australian Standard AS
2890.1 (or equivalent).
16.
A minimum of five (5) bicycle spaces for occupants of the approved
development and at least one (1) bicycle space for the exclusive use of
visitors shall be provided within the approved development site. Bicycle
spaces are to be designed in accordance with AS2890.3 (or equivalent).
17.
Vehicle parking, access and manoeuvring areas as depicted on the
approved plan shall be sealed, kerbed, drained and designed to withstand
anticipated loads to the satisfaction of the City of Swan.
18.
Landscaping, drainage, parking areas, pavement, kerbing, and line
marking as depicted on the approved plans shall be maintained at all
times to the satisfaction of the City of Swan.
19.
Any existing vehicle crossover not included as part of the proposed
development on the approved plan shall be removed, and the verge and
kerb reinstated prior to the practical completion of the development to the
City’s satisfaction.
20.
All construction works within the road reserve including crossovers,
drainage infrastructure, service adjustment, landscaping and footpath
placement or reinstatement, must be built and maintained in accordance
with the City's specifications. Failure to do so may result in these works
being removed and reinstated by the City at the applicant's expense.
Page 16
Ordinary Meeting of Council
17 August 2016
At occupancy, the owner is responsible for the maintenance of the
crossover, landscaping and reticulation in the verge.
21.
The development must be connected to the Water Corporation’s sewer
where available.
22.
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.
23.
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: Advice notes apply.
2)
Advise the applicant/owner of the resolution of Council and the relevant Advice
Notes pertaining to the approval.
Page 17
3URSRVHG0XOWLSOH'ZHOOLQJ/RW1R'XGOH\6WUHHW0LGODQG
(15)
DISCLAIMER: Information shown hereon is a composite of information
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.
ATTACHMENT - LOCATION PLAN
11 July 2016
1:1000
Level 1 Plan
1:200
11 Dudley Street
August 2016
15
Level 2 Plan
1:200
11 Dudley Street
August 2016
30
30
Level 3 Plan
1:200
11 Dudley Street
August 2016
2,700
c.l.
3,000
f.f.l. 13.30 /HYHO
f.f.l. 10.30 /HYHO
Front Elevation
Rear Elevation
1:200
1:200
Typical Section
1:200
11 Dudley Street
August 2016
North East Elevations
1:200
11 Dudley Street
August 2016
South West Elevations
1:200
11 Dudley Street
August 2016