Proposed Gazebo - Lot 722 (No.40) Douglas Road, Henley Brook … · 2016. 5. 27. · Ordinary Meeting of Council 25 May 2016 3.6 PROPOSED GAZEBO - LOT 722 (NO.40) DOUGLAS ROAD, HENLEY

Ordinary Meeting of Council 25 May 2016

3.6 PROPOSED GAZEBO - LOT 722 (NO.40) DOUGLAS ROAD, HENLEY BROOK (DA33-16)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• This application is for a proposed Gazebo’ on Lot 722 (No.40) Douglas Road, Henley Brook.

• Pursuant to cl.30A(2)a(ii) under the Metropolitan Region Scheme (MRS), the application will also require the determination of the Western Australian Planning Commission (WAPC) because the land abuts the Swan River Development Control Area (DCA).

• The subject lot is located within the ‘Swan Valley Rural’ zone under the City’s Local Planning Scheme No.17 (LPS17), and ‘Area B’ of the Swan Valley Planning Act 1995 (SVPC Act).

• Notice of the application was provided for a period of 14 days and the City received one (1) submission from the adjoining landowner to the north, objecting on the basis that the proposed ‘Gazebo’ should not be located in the floodplain area and the bulk and scale is inconsistent with the amenity of the area.

• Pursuant to cl.15(5) of the SVPC Act and cl.30B(6) of the MRS, the application was referred to the Swan Valley Planning Committee (SVPC) which at its meeting held on 8 March 2016 resolved to approve the application subject to the peak roof height of the gazebo (including the feature cupola) not exceeding a maximum height of 5 metres.

• The gazebo is considered acceptable by City staff given it comprises less than 1% of the total site area, is appropriately screened by mature trees and is designed in such a way that it is not considered to render the development visually obtrusive and dominant to an extent that would be considered incompatible with the zone.

• The Department of Water (DoW) is satisfied that the obstruction caused by the proposed gazebo is not considered to significantly impact the general flooding regime.

• Pursuant to cl.30B(5) of the MRS, where the responsibility is the City of Swan, the City is to have due regard to the advice of the SVPC but if the City does not accept that advice, the City is to refer the application to the WAPC for determination, together with any recommendations provided by all bodies consulted, and the reason why the advice of the Committee is not accepted by the City of Swan.

It is recommended that the Council not accept the advice of the Swan Valley Planning Committee and grant approval to the proposed gazebo at Lot 722 (No.40) Douglas Road, Henley Brook. It is further recommended that the WAPC approve the application pursuant to the MRS.

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Ordinary Meeting of Council 25 May 2016

AUTHORITY/DISCRETION

Metropolitan Region Scheme

Pursuant to cl.30A(2)a(ii) under the MRS, the application will also require the determination of the WAPC because the land abuts the Swan River Development Control Area (DCA).

Pursuant to cl.30B(5) of the MRS, where the responsibility is the City of Swan, the City is to have due regard to the advice of the Committee but if the City does not accept that advice, the City is to refer the application to the WAPC for determination, together with any recommendations provided by all bodies consulted, and the reason why the advice of the Committee is not accepted by the City of Swan.

City’s Local Planning Scheme No. 17 (LPS17)

Council has discretion in accordance with cl.10.3 of LPS17 to approve (with or without conditions) or refuse the application.

Planning and Development Local (Planning Schemes) Regulations 2015 (2015 Regulations)

Pursuant to cl.65 of the 2015 Regulations, Council has discretion to determine an application for an existing unauthorised development in accordance with cl.68(2) of the Regulations. As such, Council may grant development approval without or with conditions or refuse to grant development 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 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: John Mathew Joyce Owner: John Mathew Joyce Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: Swan Valley Rural / Regional Reserve – Waterway /

Local Reserve – Local Road Development Scheme: Swan Valley Planning Act 1995, POL-TP-126 Building

and Development Standards - Rural Zones, Draft Swan Valley Development Plan

Existing Land Use: Single House Lot Area: 4.45ha Use Class: Single House (Incidental Development) – ‘P’ use

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DETAILS OF THE PROPOSAL

The gazebo is octagonal in shape with an 8.7m span. The roof pitch is approximately 30-degress. The posts are 4m high with a maximum height of 6m to the ridge of the roof, which will extend to 7m with an additional 1m high feature cupola. It is set back approximately 14m from the northern side boundary and approximately 27m from the top of the Douglas Road cul-de-sac. (Refer to ‘Site Plan’, ‘Floor Plan’ and ‘Elevations Plan’ Attachments).

DESCRIPTION OF SITE

The subject lot is 4.45ha in area and is located at the end of a quiet cul-de-sac. The lot is irregular in shape and contains an existing single house, shed and a number of mature trees to the northern, western and southern boundaries.

The rear of the lot abuts the Swan River and associated Swan River Trust Development Control Area (DCA). There is a public pedestrian bridge in situ, west of the site and across the Swan River.

The lot also contains a drainage easement running parallel to a portion of the north and western boundary and the land slopes (approximately 9m) from the northwest corner to the southwest corner.

Properties within this locality are characteristic of large rural lots utilised for agriculture-intensive uses (Refer to ‘Locality Plan’ Attachment).

APPLICANT’S SUBMISSION

The applicant has provided the following comments in support of the request to grant the variation to the side setback:

• I have done nothing but improve my property over the last 18 years, and I have completely renovated and rehabilitated the property in every way.

• I do not believe the development is excess, in face the proportions and scale are in keeping with the overall project. I never objected to the objector’s barn which is way grander than any of my proposed projects.

• The proposed buildings are not visible from the neighbouring house or barn. The only position the proposed development is visible from is my northern boundary. I have planted a hedge that will eventually give each property complete privacy.

• 95% of my property is on flood plain and that my building envelope is very restricted to the first contour line on my provided site plan and that I am trying to maximise the limited space available.

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Ordinary Meeting of Council 25 May 2016

PUBLIC CONSULTATION

Notice of the application was provided for a period of 14 days and the City received one (1) submission from the adjoining landowner to the north, objecting on the basis that the proposed ‘Gazebo’ should not be located in the floodplain area and the bulk and scale is inconsistent with the amenity of the area.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Water (DoW)

The application was referred to the Department of Water (DoW) as the development is located within the floodplain. Formal comments were received on the 17 February 2016 stating:

• The obstruction caused by the proposed gazebo is not considered to significantly impact the general flooding regime.

• The proposed gazebo will be subject to flooding and potential flood damage during major river flows

• Consequently, the proposal is acceptable with regard to major flooding.

Department of Parks and Wildlife – Rivers and Estuaries Division (Former Swan River Trust) (DoPW)

Pursuant to cl.30A(3) of the MRS, the Department of Parks and Wildlife – Rivers and Estuaries Division is to give the WAPC its advice in writing on how the application should be determined, including any conditions to which any approval should be made subject, therefore, the advice will only be provided to the WAPC to avoid a duplication of administration.

Swan Valley Planning Committee (SVPC)

The application was referred to the SVPC which at its meeting held on 8 March 2016 resolved to:

“Note that the proposed gazebo presents as a dominant feature on the land, but recommend to approve the application subject to the peak roof height (including the feature cupola) of the gazebo not exceeding a maximum height of 5 metres”

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Ordinary Meeting of Council 25 May 2016

DETAILS

Zoning & Land Use Permissibility

The subject lot is located within the ‘Swan Valley Rural’ zone under LPS17. As the proposed Gazebo is for personal use only, it is considered incidental to a ‘Single House’ which is a ‘P’ (Permitted) use within this zone.

Objectives of the Zone (LPS17)

The objectives of the Swan Valley Rural Zone are to –

(a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

(b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

(c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

(d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act (2005)."

The proposal does not prejudice Objectives (a) or (c). The proposed Gazebo is for domestic purposes and is designed in a way to be consistent with both Objectives (b) and (d).

Objectives of the Zone (Swan Valley Planning Act 1995)

The planning objectives for any proposed development in ‘Area B’ under the Swan Valley Planning Act 1995 are as follows –

1) The protection of viticulture.

2) The provision of water for viticulture and horticulture and the discouragement of other activities that have high water demands.

3) The encouragement of tourist facilities provided that they do not detract from the rural character of the area.

4) The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.

5) The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan.

5A. The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan where such facilities are required to service the local community and will not detract from the rural character of the area.

6) The compatibility of design, siting and landscaping with the character of the area.

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Ordinary Meeting of Council 25 May 2016

7) The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area.

8) The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land.

9) The subdivision into lots of less than 4 hectares only where this is consistent with the objectives set out in this section.

10) The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area.

City staff consider that the only prevalent objective applicable to this application is Objective 7 and the only consideration around compliance with this objective is whether the proposed design and siting of the gazebo is compatible with the (rural) character of the area. There are no prescribed setbacks for the Swan Valley Rural zone.

The abutting neighbour contends that the design of the gazebo is inappropriate and excessive in terms of bulk and scale. Similarly, the SVPC was of the view that the proposed gazebo presents as a dominant feature on the land. The SVPC recommended that the gazebo be redesigned so as to ensure that the overall maximum height does not exceed 5m consistent with the Swan Valley Interim Planning Policy. The applicant is not prepared to accept the recommendation of the SVPC.

The design response is considered appropriate to ensure that the gazebo remains proportionate so as not to compromise the overall visual aesthetics of the proposed structure. Any reduction will result in the gazebo being unbalanced. There are a number of examples of gazebos within the locality which both adjoin and are in close proximity to the subject lot that are of similar scale and appearance.

The proposal employs design techniques to moderate the bulk and scale of the built form. Due consideration by the applicant was given to incorporating landscaping of garden beds surrounding the gazebo that would serve as additional screening moderating the height of the posts which acts to soften the perceived bulk and reinforces the intent of the Draft Swan Valley Development Plan and objectives for the zone.

The applicant proposes to include additional landscaping leading to the Gazebo consisting of a pathway of grape vine trellis and planting that is sympathetic to the rural amenity of the locality and to enhance the visual aesthetics (Refer to a ‘Gazebo Walkway Design’ Attachment).

The impact of its visibility within the landscape is considered to be mitigated by the setback distances, the existence of the solid fencing at the end of the cul-de-sac and extensive mature vegetation, both along that interface within the subject lot as well as the adjoining property which would serve as additional permanent screening to reduce its visibility of the gazebo from the street and the adjoining property.

City staff are satisfied that the location and design does not render the Gazebo visually obtrusive when viewed from the street and from adjoining properties to an extent that would be considered to be incompatible with the area and against the objectives for the zone under clause 4.2.19 of LPS17.

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Ordinary Meeting of Council 25 May 2016

Floodplain

The abutting neighbour contends that there are building restrictions in areas affected by the 1 in 100 year flood and development is not permitted in those affected areas. The Department of Water (DoW), which is the floodplain management authority, is satisfied that the obstruction caused by the proposed Gazebo is not considered to significantly impact the general flooding regime.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve not to accept the advice of the Swan Valley Planning Committee and grant conditional approval for the proposed Gazebo on Lot 722 (No.40) Douglas Road, Henley Brook, pursuant to the City’s Local Planning Scheme No.17 and the Planning and Development Local (Planning Schemes) Regulations 2015 and recommend the Western Australian Planning Commission approve the application pursuant to the Metropolitan Region Scheme.

Implications: Determination of the application pursuant to the Metropolitan Region Scheme will be made by the Western Australian Planning Commission.

This is the recommended option.

Option 2: Council may resolve to accept the advice of the Swan Valley Planning Committee and grant conditional approval for the proposed Gazebo on Lot 722 (No.40) Douglas Road, Henley Brook, pursuant to the City’s Local Planning Scheme No.17 and the Planning and Development Local (Planning Schemes) Regulations 2015, subject to the following conditions:

1. The peak roof height (including the feature cupola) of the Gazebo not exceeding a maximum height of 5 metres.

2. The Gazebo shall only be used for domestic and/or rural purposes, associated with the property, and not for commercial purposes.

3. The walls and roof of the Gazebo shall be in a material or painted in a colour of natural or earth tonings to complement the surroundings, and/or adjoining developments, in which it is located to the satisfaction of the City's Manager Statutory Planning.

4. All stormwater is to be collected and contained on site clear of buildings. No stormwater is to be discharged from the property into other land or reserves.

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 have a right of Review by the State Administrative Tribunal.

This is not the recommended option.

Option 3: Council may resolve to refuse to grant approval for the proposed Gazebo on Lot 722 (No.40) Douglas Road, Henley Brook, pursuant to the City’s

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Ordinary Meeting of Council 25 May 2016

Local Planning Scheme No.17 and the Planning and Development Local (Planning Schemes) Regulations 2015 on the following grounds and recommend that the Western Australia Planning Commission refuse the application pursuant to the Metropolitan Region Scheme:

1. The proposal is inconsistent with the planning objectives for Area B of the Swan Valley Planning Act 1995 and therein is incompatible with the objectives of the Swan Valley Rural zone as outlined in the City’s Local Planning Scheme No.17, on the grounds that:

a) the proposed Gazebo presents as a dominant feature on the land, which would have a detrimental effect on the rural amenity of the area.

Implications: The applicant will have a right of appeal to the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

This application is for a Gazebo on Lot 722 (No.40) Douglas, Road Henley Brook.

One (1) objection was received from the adjoining landowner to the north on the basis that the proposed Gazebo should not be located in the floodplain area and the bulk and scale is inconsistent with rural amenity.

Reduced setbacks for rural developments are commonly approved by the City on a case by case basis. The proposed design, siting and colouring is characteristic of the prevailing rural amenity of the locality. The design of the Gazebo is not considered to render the development visually obtrusive and dominant to an extent that would be considered incompatible with the zone.

It is recommended that the Council not accept the advice of the Swan Valley Planning Committee and grant approval to the proposed gazebo at Lot 722 (No.40) Douglas Road, Henley Brook. It is further recommended that the WAPC approve the application pursuant to the MRS.

ATTACHMENTS

Locality Plan

Site Plan

Floor Plan

Elevation Plan

Gazebo Walkway Design

Gazebo Example

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Ordinary Meeting of Council 25 May 2016

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Swan Valley Planning Act 1995

Metropolitan Region Scheme

Local Planning Scheme No. 17

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Grant planning approval pursuant to the City's Local Planning Scheme No.17 and cl.68(2) Planning and Development Local (Planning Schemes) Regulations 2015 for the proposed Gazebo at Lot 722 (No.40) Douglas Road, Henley Brook, subject to the following conditions:

1. The Gazebo shall only be used for domestic and/or rural purposes, associated with the property, and not for commercial purposes.

2. The walls and roof of the Gazebo shall be in a material or painted in a colour of natural or earth tonings to complement the surroundings, and/or adjoining developments, in which it is located to the satisfaction of the City's Manager Statutory Planning.

3. All stormwater is to be collected and contained on site clear of buildings. No stormwater is to be discharged from the property into other land or reserves.

4. 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) Not accept the advice of the Swan Valley Planning Committee and refer to the application to the Western Australia Planning Commission pursuant to cl.30B(5) of the Metropolitan Region Scheme.

3) Advise the Western Australian Planning Commission (WAPC) of the Council's decision.

4) Advise the applicant/owner and submitter of the Council's decision.

CARRIED

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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.

Proposed Gazebo - Lot 722 (No.40) Douglas Road, Henley Brook (DA33-15)

Tuesday, 22 March 2016

1:5000

Subject Lot

Proposed Gazebo - No.40Douglas Road, Henley Brook(DA33-16)

Locality Plan

Proposed Gazebo

Site Plan

Floor Plan

Elevations Plan

0.5m

3.5m

6m

1m

Gazebo Walkway Design

Gazebo Example - Sittella Winery

3.6 Proposed Gazebo - Lot 722 (No.40) Douglas Road, Henley Brook (DA33-16)