Proposed Front Fence - Lot 6 (No.8) Helena Street, Guildford (DA339-17) · 2017. 9. 1. · front street fence will return to the western side lot boundary by a distance of 5.005m

Ordinary Meeting of Council 30 August 2017

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3.5 PROPOSED FRONT FENCE - LOT 6 (NO.8) HELENA STREET, GUILDFORD (DA339-17)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks approval for a proposed rendered brick pier and metal bar infill front fence at Lot 6 (No. 8) Helena Street, Guildford.

• The subject lot is zoned "Urban" under the Metropolitan Region Scheme (MRS) and "Residential" under the City of Swan Local Planning Scheme No. 17 (LPS17). The subject lot has a residential coding of "R5" and contains an existing single house currently under construction.

• The front fence seeks to vary the acceptable development provisions of the Guildford Conservation Precinct Policy Design Guidelines with regard to its maximum height of 2.15 metres exceeding the 1.2 metre maximum height provision and the proposed materials used in the construction of the fence being constructed from metal tubular panels. The proposal also varies the 'deemed to comply' provisions of the Residential Design Codes (R-codes) with regard to sight lines.

• The application was advertised to 14 surrounding landowners and referred to the Guildford Association for comment. One (1) submission was received objecting to the proposal. The submitter raised concerns regarding the height of the fence not being in keeping with streetscape and the materials not meeting the Guildford Conservation Precinct guidelines.

• The Guildford Association also provided comment on the proposal and is of the opinion that it is inconsistent with the aims and objectives of the Guildford Conservation Precinct.

• While it is noted that Helena Street Guildford is characterised by low-style wooden picket fences, the proposed front fence at Lot 6 (No.8) Helena Street is considered to meet the relevant performance criteria regarding development within the front/street setback area under the Guildford Conservation Precinct guidelines as the front fence is not considered to have a discordant impact on the streetscape given adjacent fencing is also higher than 1.2 metres.

It is recommended that Council resolve to grant planning approval to the proposed front fence at Lot 6 (No. 8) Helena Street, Guildford subject to conditions, inclusive of reduction in the height of the fence to 1.8 metres.


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BACKGROUND

Applicant: Angello Bettella Owner: Constandino Dermegoglou and Kiarna Fitzpatrick Zoning: LPS17 - Residential R5 MRS - Urban Strategy/Policy: POL-C-106 Guildford Conservation Precinct Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House Lot Size: 616m2 Use Class: Single House -'P'

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.


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DETAILS OF THE PROPOSAL

The application is for a front fence at Lot 6 (No. 8) Helena Street, Guildford. The proposed front fence is located on the front and adjoining side lot boundaries and will consist of a solid component of three (3) brick courses (0.258m) and brickwork piers and associated capping up to a maximum height of 2.15m above natural ground level. The solid wall components and brick piers will be rendered with a grey colour finish and the metal infill tubular panels measuring a total height of 1.714m coloured white and spaced at 100mm intervals which will match that of the existing approved single house. The front street fence will return to the western side lot boundary by a distance of 5.005m and 2m to the eastern side lot boundary. The front fence will also consist of a metal panel sliding gate up to a height of 1.714m consisting of the same white tubular panels as the infill between the brick piers.

DESCRIPTION OF SITE

Lot 6 (No. 8) Helena Street, Guildford consists of a single house which is currently under construction. The subject lot is 616m2 in area.

SITE HISTORY/PREVIOUS APPROVALS

At its Ordinary Council Meeting held on 4 May 2016, Council resolved to grant approval for a single house, front fence and outbuilding. (City reference DA-970/2015) The approved front fence consisted of aluminium pickets built up to a height of 0.75m.

APPLICANT'S SUBMISSION

In support of the application, the applicant has provided the following justification;

'There are a number of reasons for our proposed fence height. The first reason is to prevent our large dog being able to jump over the fence. We would hate to lose him and although he is very well natured there is always the potential for him to attack someone if he got out. The second reason is security. With a low fence it is very easy for an intruder to access the back of the house where they can enter the house without being seen. We see the proposed height as an apt deterrent. Security for my fiancé and future family is something I do not want to compromise on.'


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PUBLIC CONSULTATION

Public consultation was completed as per the following:

Duration: 14 days from 22 June 2017 to 6 July 2017

Method: Notification Letters to nearby landowners

Submissions received:

One (1) objection. Objection cited the following reasons:

- The fence is too high, with the pillars exceeding that of the adjoining property by 300mm;

The white tubular infill material is not in keeping with the historical suburb of Guildford;

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Comment was sought from the Guildford Association as Lot 6 (No.8) Helena Street, Guildford is located within the Guildford Conservation Precinct. The Guildford Association has provided the following comments with regard to the proposal:

'The Guildford Association supports POL-C-106 as the guiding document for all development applications in Guildford. This document is attached to the City's Town Planning Scheme and should be adhered to unless there is exceptional circumstance. The Association Executive has viewed this plan and is of the opinion that it is inconsistent with the aims and objectives of the policy and the need to adhere to the historic streetscape form and amenity of the area.

It should also be noted that any fencing in the front set back area i.e. any side or front fence forward of the front line of the house is also covered by height limitations and should not exceed 1200mm in height

To argue that the Council or officers have in the past approved fences of an inappropriate height, inconsistent with the policy is not appropriate on planning grounds. The role of the officer and Council is to administer its policies to give all property owners certainty.'

ASSESSMENT

Zoning & Permissibility of Land Use

The subject property is zoned 'Urban' under the Metropolitan Region Scheme and 'Residential R5' under the City’s Local Planning Scheme No.17.

The proposed front street fence is classified as an incidental component to the existing single house currently under construction. Pursuant to local planning scheme no.17 a ‘Single House’ is a permitted 'P' use within the Residential zone.


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State Planning Policy 3.1 Residential Design Codes of Western Australia (R-Codes)

Part 5.2.5 Sight Lines

The proposal seeks to vary the 'deemed-to-comply' provisions of the R-Codes with a brick pier associated with the front fence higher than the required 0.75m located within 1.5m of where the front fence adjoins vehicle access points the internal driveway on the front lot boundary. This variation is considered to meet the relevant design principles of the R-codes relating to sight lines as there is no pedestrian footpath located in front of Lot 6 (No. 8) Helena Street thus ensuring that pedestrian safety is not unduly impacted. Furthermore, the Council verge is approximately 11m in total depth which allows for traffic reversing from Lot 6 (No. 8) Helena Street to adequately view oncoming traffic on Helena Street.

Guildford Conservation Precinct Policy Design Guidelines

Lot 6 (No. 8) Helena Street is located within the Guildford Conservation Precinct and accordingly, is subject to the provisions of the Guildford Conservation Precinct Policy Design Guidelines (the Guidelines) which inter alia, aim to ensure that development (new buildings, additions and adaptations) and subdivision can be accommodated within the precinct without adversely affecting its cultural significance.

Clause 5.6.2 of the Guidelines sets out the Acceptable Development Provisions with regard to development within the front/street setback areas within the Guildford Conservation Precinct. The provisions state that fences and gates within the front/street setback area shall match the period of development of any buildings to which they are associated. According to circumstance, timber picket, picket and pier, timber post and rail with chain mesh, red brick or rendered fences may be appropriate. The guidelines go on to say that except on major roads, front fences shall not exceed 1.2m.

As a front fence of the same material was approved at the Ordinary Council Meeting of 4 May 2016, the question as to the suitability of the proposed materials has already been answered. The solid component of the brick wall and the brick piers are proposed to be rendered in a grey colour and the white tubular panels will be coloured white which are the same finishes as that of the front elevation of the existing house. As the maximum height of the fence does not comply with the acceptable development provisions of the guidelines, it has been assessed against the relevant performance criteria for development within the front/street setback areas which states the following;

a) Development (i.e. fences, gates, driveways, paths and gardens) within the front/street setback area shall enhance the character of the streetscape and not have a discordant visual impact

b) Fencing within the front/street setback area shall be appropriate in style and form to match the period of development of any buildings, to which it is associated.

It is noted that the predominant fencing type along Helena Street Guildford consists of low-style timber picket fencing. However, there are exceptions to this prevailing fencing type on several properties, most notably on the adjoining properties at No.6 and No.10 Helena Street, Guildford where the solid brick or brick pier components exceed 1.2m. While the proposed front street fence at Lot 6 (No.8) Helena Street does not meet the deemed to comply 1.2m height limit prescribed under the Guidelines, City staff are of the opinion that the proposal will not have a discordant visual impact on the immediate area surrounding the subject site given the existing front fence located in front of the seven (7) grouped dwellings at Lot 23 (No 6) Helena Street is characterised by a non-traditional solid brick fence in excess of 1.2m (solid height 1.7m with piers up to 1.9m)


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and No.10 Helena Street consists of a similar style fence to what is proposed at No.8 Helena Street in terms of height and infill material. These matters affirm City staff's opinion that the proposal is not considered a radical departure from the immediate streetscape adjacent to No. 8 Helena Street, Guildford. In order to ensure consistency with the existing fence heights of the adjoining properties, the applicant has agreed to slightly reduce the proposed height of the front fence to a maximum height of 1.8m.

In light of the above, the proposed front fence at Lot 6 (No. 8) Helena Street, Guildford is considered to meet the relevant performance criteria for fencing under the Guidelines and approval is recommended.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for a front street fence at Lot 6 (No. 8) Helena Street, Guildford subject to the following conditions;

1. This approval is for a 'Front Street Fence' as illustrated on the submitted site plan stamped date received 19 May 2017 and 19 June 2017.

2. Prior to the submission of a building permit application, a revised set of elevation plans depicting the maximum height of the brick piers and capping and associated infill material being no higher than 1.8m as measured from natural ground level.

3. The colours of the approved front fence are to match the colours of the existing single house.

4. Earthworks, footings and/or structures are not to extend over any lot boundaries or into the road reserve.

5. 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: The applicant will be permitted to proceed with the development.

This is the recommended option.

Option 2: Council may resolve to refuse the proposed Front Fence at Lot 6 (No.8) Helena Street, Guildford for the following reason:

1. The works are considered to adversely impact the streetscape and are not in compliance with the City's Guildford Conservation Precinct Policy.

Implications: The applicant will have the right to a review of the decision by the State Administrative Tribunal.

This is not the recommended option.


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CONCLUSION

An application has been received for a proposed rendered brick pier and metal bar infill front fence at Lot 6 (No.8) Helena Street, Guildford. The fence is incidental to the approved single house on the lot which is a “P” use in the Residential zone applicable under the City’s Local Planning Scheme No.17. The height of the fence and some of the materials are a variation to the Acceptable Development provisions for fencing under the Guildford Conservation Precinct Policy Design Guidelines.

The application was advertised for public comment and submissions were received contending the proposed fence is inconsistent with the streetscape of Helena Street. City staff are of the view that other examples within the street of mixed material fencing above 1.2 metres in height means the proposed fence is not in fact discordant with the streetscape and, subject to the fence being reduced to 1.8 metres, approval is recommended.

ATTACHMENTS

Aerial Photo

Site plan

Elevation Plans

Colour & Material Schedule Checklist

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No. 17

Planning and Development Local Planning Schemes) Regulations 2015

Statement of Planning Policy 3.1 – Residential Design Codes

Guildford Conservation Precinct Policy

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


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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 Front Fence at Lot 6 (No.8) Helena Street, Guildford, subject to the following conditions:

1. This approval is for a 'Front Street Fence' as illustrated on the submitted site plan stamped date received 19 May 2017 and 19 June 2017.

2. Prior to the submission of a building permit application, a revised set of elevation plans depicting the maximum height of the brick piers and capping and associated infill material being no higher than 1.8m as measured from natural ground level.

3. The colours of the approved front fence are to match the colours of the existing single house.

4. Earthworks, footings and/or structures are not to extend over any lot boundaries or into the road reserve.

5. 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 accordingly.

CARRIED

DISCLAIMER: Information shown here on 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.

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Proposed Front Fence - Lot 6 (No.8) Helena Street, Guildford (DA339-17) · 2017. 9. 1. · front street fence will return to the western side lot boundary by a distance of 5.005m

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