Form 1 - Responsible Authority Report

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Ordinary Meeting of Council 24 October 2018

3.15 DEVELOPMENT ASSESSMENT PANEL RESPONSIBLE AUTHORITY REPORT - PROPOSED GROUPED DWELLINGS (29) - LOT 62 ASHBY TERRACE,

VIVEASH (DA239-18)

Ward: (Midland) (Statutory Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

 An application to develop 29 Grouped Dwellings on Lot 62 Ashby Terrace in Viveash has been lodged with the Metro-east Joint Development Assessment Panel for determination.

 In accordance with established Council resolution, a majority of Councillors have requested the City’s Responsible Authority Report be submitted to Council for comment.

It is recommended that the Council endorse the staff recommendation in the RAR.

BACKGROUND

Council have resolved to require staff to notify Councillors of the City's receipt of a Joint Development Assessment Panel application in all instances. This application has been called in for Council to consider whether it wishes to provide a recommendation to the JDAP on this development application.

DETAILS OF THE PROPOSAL

The development proposes 29 two storey grouped dwelling units on Lot 62 Ashby Terrace in Viveash and the provision of an 847m² pocket park intended to be provided to the City as Public Open Space.

Lot 62 is a longstanding vacant site of 8474m² in area with frontage to Ashby Terrace/Muriel Street and Tyne Link and abuts foreshore reserve and the Waters Edge estate.

The land is zoned “Residential Development” under the City’s Local Planning Scheme No.17 and is within the 20-25ANEF contour for aircraft noise.

The application was advertised for public comment and received 90 objections. The version advertised did not contain the proposed public open space.

The application complies with the provisions of the Residential Design Codes for an R40 residential density coding and meets Bushfire planning requirements.

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ATTACHMENTS

Responsible Authority Report and Plans

VOTING REQUIREMENTS Simple majority

RECOMMENDATION

That the Council resolve to:

1) Endorse the staff recommendation in the Responsible Authority Report to the Metro-East Joint Development Assessment Panel pertaining to the application for 29 Grouped Dwellings at Lot 62 Ashby Terrace, Viveash.

MOTION that the Council resolve to:

1) Note the City officers’ recommendation and further recommend that the East Metro JDAP Panel:

1. Consider visiting the site in order to observe the s-bend alignment of Ashby Terrace and Muriel Street on the northern boundary of the site, especially during a peak period between 2.30pm and 3.30pm on weekdays and

2. Consider the residents’ preference for an alternative design accommodating all dwellings utilising Tyne Link for road access.

2) Note that the reason for altering the officers’ recommendation is to address the concerns of residents that adding 12 crossovers would negatively impact road safety in this area.

(Cr Elliott – Cr Johnson) RESOLVED UNANIMOUSLY TO:

1) Note the City officers’ recommendation and further recommend that the East Metro JDAP Panel:

1. Consider visiting the site in order to observe the s-bend alignment of Ashby Terrace and Muriel Street on the northern boundary of the site, especially during a peak period between 2.30pm and 3.30pm on weekdays and

2. Consider the residents’ preference for an alternative design accommodating all dwellings utilising Tyne Link for road access.

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2) Note that the reason for altering the officers’ recommendation is to address the concerns of residents that adding 12 crossovers would negatively impact road safety in this area.

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Page 1

Form 1 - Responsible Authority Report

(Regulation 12)

Property Location: Lot 62 Ashby Terrace, viveash Development Description: Proposed Grouped Dwellings

DAP Name: Metro East JDAP

Applicant: Stewart Urban Planning

Owner: Demol Investments Pty Ltd

Value of Development: $7 million

LG Reference: DA239-18

Responsible Authority: City of Swan Authorising Officer: Philip Russell

DAP File No: DAP/18/01402

Report Due Date: 9 July 2018 Application Received Date: 26 April 2018 Application Process Days: 90Days

Attachment(s): Accompanying Plans:

1. Site Plan Dwg No. A01.1 Rev E 2. Lot 1 – Floor Plans Dwg No. A2.1 Rev

B

3. Lot 2 – Floor Plans Dwg No. A2.2 Rev C

4. Lot 3 – Floor Plans Dwg No. A2.3 Rev B

7. Lot 5 – Floor Plans Dwg No. A2.5.1 Rev B

8. Lot 6 - Floor Plans Dwg No. A2.6 Rev B 9. Lot 6 - Floor Plans Dwg No. A2.6.1 Rev

B

14. Lot 9 - Floor Plans Dwg No. A2.9 Rev B 15. Lot 9 - Floor Plans Dwg No, A2.9.1 Rev

B

16. Lot 10 - Floor Plans Dwg No. A2.10 Rev B

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21. Lot 15 - Floor Plans Dwg No. A2.15 Rev C

25. Lot 18 - Floor Plans Dwg No. A2.18.1 Rev B

27. Lot 19 - Floor Plans Dwg No. A2.19.1 Rev B

38. Lot 1 - Elevations Dwg No. A3.11 Rev B 39. Lot 2 - Elevations Dwg No. A3.12 Rev B 40. Lot 3 - Elevations Dwg No. A3.13 Rev B 41. Lot 4 - Elevations Dwg No. A3.14 Rev B 42. Lot 5 - Elevations Dwg No. A3.15 Rev B 43. Lot 6 - Elevations Dwg No. A3.16 Rev B 44. Lot 7 - Elevations Dwg No. A3.17 Rev B 45. Lot 8 - Elevations Dwg No. A3.18 Rev B 46. Lot 9 - Elevations Dwg No. A3.19 Rev B 47. Lot 10 - Elevations Dwg No. A3.20 Rev

B

48. Lot 11 - Elevations Dwg No. A3.21 Rev B

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Page 3 51. Lot 14 - Elevations Dwg No. A3.24 Rev

B

67. Streetscape Elevations Dwg No. A4.1 Rev B

Officer Recommendation:

That the Metro East JDAP resolves to:

1. Approve DAP Application reference DAP/18/01402 and Accompanying Plans in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the in accordance with Part 10.3 of the City of Swan Local Planning Scheme No. 17, subject to the following conditions:

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Conditions

1. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.

2. This approval is for a “Grouped Dwelling" use as defined in the City of Swan Local Planning Scheme No. 17. No land shall be used for any purpose other than the use(s) identified for that land on the approved plans without the prior approval of the City.

3. The applicant/owner is to make satisfactory arrangements with the City of Swan for the transferral of that portion of the site indicated as public open space to the City of Swan.

4. Prior to the commencement of site works a Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development. The notification shall read as follows:

This property is situated in the vicinity of Perth Airport and is currently affected, or may be affected in the future by aircraft noise. Noise exposure levels are likely to increase in the future as a result of an increase in aircraft using the airport, changed in aircraft type or other operational changes. Further information about aircraft noise is available from the Perth Airport website. Information regarding development restrictions and noise insulation requirements for noise-affected property is available on request from the relevant local government offices.

5. Prior to lodgement of a building permit the applicant/owner must demonstrate the incorporation of noise insulation measures in accordance with the requirements of State Planning Policy 5.1 – Land use planning in the vicinity of Perth Airport and Australian Standard 2021 – Building Site Acceptability Based on ANEF Zones.

6. The dwellings for proposed strata lots 28, 29 and 14 are to incorporate all relevant construction standards of Australian Standard 3959:2009 - Construction of Buildings in Bushfire Prone Areas (as amended) applicable to a Bushfire Attack Level rating of BAL-29 as specified within the Bushfire Attack Level Assessment Report prepared by RUIC Fire – ref: 7136 - August 2018.

7. The dwellings for proposed strata lots 3,4,5,6,7,8,9,10,11,12,13, 15, 24,25,26 and 27 are to incorporate all relevant construction standards of Australian Standard 3959:2009 - Construction of Buildings in Bushfire Prone Areas (as amended) applicable to a Bushfire Attack Level rating of BAL-19 as specified within the Bushfire Attack Level Assessment Report prepared by RUIC Fire – ref: 7136 - August 2018.

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Page 5 8. Privacy screens, to the satisfaction of the City of Swan and in accordance with the Residential Design Codes of WA, are to be installed to effect screening out of those bedrooms of dwellings 5,6,7,8,9,13,14,18,19,23,24,27 and 29 where the windows are within 4.5 metres of the indicated boundary of the respective strata lots.

9. The first floor balcony of the Grouped Dwelling for Lot 13 shall incorporate a privacy screen to its southern side to a height of 1.6 metres above floor level to the satisfaction of the City of Swan.

10. Prior to the commencement of site works, the applicant/owner is to submit a Construction Management Plan to the satisfaction of the City of Swan on advice of the Department of Biodiversity, Conservation and Attractions (Rivers and Estuaries Branch).

The Construction Management Plan is to address the following:

a) The staging plan for the entire works;

b) The applicable timeframes and assigned responsibilities for tasks;

c) The on-site storage of materials and equipment d) Hours of operation;

e) Measures to prevent waste or material from the site being transported into the adjoining reserve;

f) Waste management practices;

g) Dust management practices;

h) Dewatering management;

i) Stormwater and drainage management practices;

j) The management of noise in accordance with the requirements of the Environmental Protection (Noise) Regulations 1997;

k) The management of vibrations;

l) Protection of existing roads, paths and services m) Site security measures;

n) Traffic management; and

o) Complaints and incident procedures.

11. The applicant is to undertake all site works in accordance with the approved Construction Management Plan.

12. Prior to the commencement of site works, the applicant/owner is to submit a Landscape Plan to the satisfaction of the City of Swan. The Landscape Plan shall address the following:

a) The species types, location and quantities of any proposed plants on the lot and the adjoining road reserve; and

b) The location of all proposed and remaining landscaped areas in relation to the remaining and proposed buildings, accessways and car parking areas.

13. The applicant/owner is to implement all landscaping works in accordance with the approved Landscape Plan prior to occupation of any of the grouped dwellings.

14. At the point of substantial commencement of the development the applicant/owner is to comply with the City of Swan Provision of Public Art Policy by:

(i) providing onsite public art to a value of $70,000, as approved by the City of Swan, and maintaining it thereafter; or

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(ii) making payment to the City of Swan of $70,000 in lieu of the provision of public art onsite.

15. Each of the 29 grouped dwellings are to be provided with two car parking spaces in accordance with AS2890.1 (as amended).

16. Three visitor car parking spaces are to be provided in the location depicted on the approved Site Plan Dwg No: A01.1 Rev E and in accordance with AS2890.1 (as amended) and are to be marked and signposted as visitor bays.

17. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City of Swan, in accordance with the approved plans.

18. All crossovers must be built and maintained in accordance with the City’s specifications.

19. 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.

At occupancy, the owners are responsible for the maintenance of the crossovers, and any landscaping and reticulation in the verge.

20. All stormwater produced on the site shall be disposed of into the City’s drainage system via an internal system approved by the City of Swan in consultation with the Department of Biodiversity, Conservation and Attractions (Rivers and Estuaries Branch).

21. As the development is within the Midland District Drainage Area, a drainage contribution of $10,653 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to the clearance of subdivision conditions or prior to the lodgement of a Building Permit application and prior to any work commencing on the site.

22. The applicant is to provide a Geotechnical Report by a suitably qualified and practising Structural Engineer certifying that any excavation and / or fill has been compacted to a standard that is adequate for any development or use likely to occur on compacted or filled area.

23. The applicant shall submit detailed plans and specifications including the site feature survey of a licensed surveyor, levels (proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed service connections and compound and refuse/bulk bin areas. Such plans and specifications should be submitted with the Building Permit application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

24. Prior to commencement of site works, the applicant/owner is to submit to the satisfaction of the City of Swan a Waste Management Plan detailing the location of refuse bins and provision of waste collection services.

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Page 7 25. The development must be connected to the Water Corporation’s sewer where

available.

26. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

27. Any additional development that is not in accordance with this approval or any condition of approval will require further development approval.

Advice Notes

1. This is a Development Approval of the City under its Local Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

2. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

3. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

4. Acting on this approval has the effect of superseding any other planning approval granted for the site and relating to the same development, unless by express stipulation or by necessary implication the Council indicates otherwise.

Development under any previous approval shall be terminated before development is commenced or carried on under this approval.

5. Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

6. In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

7. The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Buildings) Regulations 1992.

Plans and specifications which reflect these requirements are required to be submitted with the Building Permit application.

8. To enable your Building Permit Application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Permit Application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services Applicant Checklists.

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If you require assistance, please contact Customer Services on 9267 9267.

9. All crossovers must be built and maintained in accordance with the City's specifications.

A copy of the specifications for Construction of Vehicle Crossover can be found on the City's website:

http://www.swan.wa.gov.au/General/Publications by selecting "Specifications", "Crossover"

and document titled "Specification for the Construction of Vehicle Crossovers"

Details: outline of development application

Insert Zoning MRS: Urban

TPS: Residential Development Insert Use Class: Grouped Dwelling

Insert Strategy Policy: Directions 2031 and Beyond

State Planning Policy 5.1 Land use Planning in the Vicinity of Perth Airport

State Planning Policy 3.7 – Planning in Bushfire Prone Areas

State Planning Policy 3.1 Residential Design Codes

Local Planning Policy (POL-LP-1.10) Provision of Public Art

Insert Development Scheme: Local Planning Scheme No. 17 (LPS17)

Insert Lot Size: 8,474m²

Insert Existing Land Use: Vacant lot

Site Details:

De mol Investments Pty Ltd is the registered proprietor of Lot 62 Ashby Terrace, Viveash (the subject site). The site has a land area of 8,474m² is bound by Ashby Terrace to the north, Muriel Street to the east, a parks and recreation reserve and residential development to the south and Tyne Link to the west.

The subject site has access to bus services traversing Ashby Terrace and Muriel Street and is 600 metres west of Great Northern Highway and has ease of access to the surrounding road network.

Description of the proposed development:

The application proposes the development of 29 two storey grouped dwellings to be built upon an intended 29 survey-strata lots, with provision of an 8 metre wide internal access road (common property) and an 847m² lot to bed ceded as Public Open Space. The development comprises of 13 grouped dwellings fronting Ashby Terrace and Muriel Street, three grouped dwellings fronting Tyne Link and 15 grouped dwellings facing the internal.

Legislation & policy:

Legislation

a. Planning and Development Act 2005 b. Local Planning Scheme No. 17 (LPS 17)

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Page 9

• Part 4.2 Objectives of the Zones

• Part 4.3 Zoning Table

• Part 5.1 Compliance with Development Standards and Requirements

• Part 5.5 Variations to Site and Development Standards and Requirements

• Part 8.1 Requirement for Approval to Commence Development

• Part 9.1 Form of Application

• Part 9.4 Advertising of Applications

• Part 10.2 Matters to be considered by Local Government

• Part 10.3 Determination of Applications

• Part 10.5 Term of Planning Approval

State Government Policies

• State Planning Policy 2.10 (SPP2.10)- Swan Canning River System

• State Planning Policy 3.7 (SPP3.7) - Planning in Bushfire Prone Areas

• State Planning Policy 5.1 (SPP5.1) - Land use Planning in the Vicinity of Perth Airport

• State Planning Policy No. 3.1 (SPP3.1) - Residential Deign Codes (R-Codes)

Local Policies

• Local Planning Policy (POL-LP-1.10) Provision of Public Art

• Local Planning Policy (POL-C-40) Midland District Drainage Development Reserve Fund

Consultation:

Public Consultation

The proposal was advertised by means of:

• A sign posted on site;

• An advertisement in the local newspaper and on the City’s website; and

• A mail out to landowners of properties within 200m of the subject site.

A 21 day period was allowed for submissions.

91 responses were received, comprising:

• one letters of support/no objection; and

• 90 letters of objection.

Issue Raised Officer’s comments

Traffic Congestion

Traffic report – Traffic data is 2013 data and does not reflect current volumes.

The peak times does not reflect the issues during school pick up and drop off times.

Incorrect – The most recent traffic volume data for Muriel Street, west of Elvire Street (September 2017) have been used.

The correct peak period (AM and PM) traffic counts which correspond to school drop-off and pick-up times have been used.

The 1% increase in daily vehicle movements and 2% increase in movements at peak periods are well

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within the capacity of the road network.

Safety Concerns relating to the increase in traffic and density with just one access road for the suburb, particular in emergencies.

The site is not far to the west of the junction of Muriel and Elvire Streets where multiple road connections to access Great Northern Highway are afforded.

Removal of trees and resultant impact on wildlife, including black cockatoos.

Two of the mature Eucalypts on site will be retained within the proposed POS area.

Amenity impacts due to the change in density. The density is not in keeping with the lifestyle of Viveash

Whilst the proposed development with smaller lots differs from some of the older developed parts of Viveash it is consistent with some of the newer parts – the adjoining Waters Edge east and the R60 coded areas further west were lots have been developed with grouped dwellings.

Consultation with other Agencies or Consultants

Department of Biodiversity, Conservation and Attractions (DBCA):

The application originally proposed clearing work to be done within the Parks and Recreation reserve abutting a portion of the subject lot to the south. This reserve (Reserve 51684) is contained within the Development Control Area pursuant to the Swan and Canning Rivers Management Act 2006.

The proposed clearing works were intended to reduce bush fire attack levels from the reserve on the closest proposed grouped dwellings.

The application was referred to the Rivers and Estuaries Division of DBCA, which queried the propriety of using adjoining reserves as asset protection zones for proposed development. The DBCA also noted that the application did not appear to address water quality issues associated with stormwater drainage discharge from the development into the adjoining reserve (which is the historical drainage arrangement).

The applicant has revised the application to eliminate any proposed clearing works within Reserve 51684 thereby obviating the need to obtain approval from DBCA for these works pursuant to Clause 30A.(2)(a)(i) of the Metropolitan Region Scheme.

The revised proposal still requires referral comments from DBCA pursuant to Clause 30A.(2)(b)(i). To address the issue with water treatment prior to discharge into the abutting reserve, the applicant has revised the proposed stormwater management plan to incorporate the installation of a Spel Stormceptor Class 1 stormwater quality improvement device to treat stormwater and capture hydrocarbons. This device or other suitable device can be incorporated into a stormwater management plan to the satisfaction of the City of Swan on advice of the DBCA.

In addition to this requirement, the DBCA, who advise of no objection to the proposed developed has also requested that the applicant advise them of the commencement of site works 7 days prior and that the applicant take appropriate preventative measures during the works to ensure that no construction material, soil, rubbish, or deleterious material is allowed to enter the river, reserve or stormwater system.

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Page 11 Department of Fire and Emergency Services

DFES queried the veracity of some of the input assumptions of the original Bushfire Management Plan (BMP) including management of fuel levels associated with vegetation in the abutting Reserve 51684. Based on insufficient information they were unable to provide comment but indicated the proposed BMP would be acceptable if the City was able to satisfy itself of the veracity of the input assumptions.

Bushfire risk mitigation to achieve BAL levels to the proposed development of no greater than BAL 29 has now been achieved by the incorporation of a Public Open Space area of 847m² and 17.5 metres in width in the south-western corner of the site. This buffer space between the vegetation in Reserve 51684 and the grouped dwellings proposed on Lots 28 and 29 and behind these lots 24-27 achieves the BAL29 and BAL 19 levels without vegetation clearing.

A trafficable emergency accessway way within the POS area will provide linkage from the internal road through to Tyne Link.

Perth Airport

The application was referred to Perth Airport for comment and their response is discussed further in this report.

Aboriginal sites:

Department of Planning, Lands and Heritage advise that the development of the subject lot does not impact the heritage values of Aboriginal Site ID:3720 (Blackadder and Woodbridge Creek).

Planning assessment:

Local Planning Scheme

The subject lot is zoned “Residential Development" under the City of Swan Local Planning Scheme No. 17 (LPS 17). The Zoning Table at 4.3 of LPS17 does not set out permissibility of land uses within the Residential Development zone but states hat development and use of land is to be in accordance with an approved Structure Plan.

The application proposes the comprehensive development of the subject lot without an attendant structure plan.

Structure Planning Areas comprise Part 5A of the LPS17. Clause 5A.1.4 sets out where a Structure Plan is required and at 5A.1.4.1 states:

The local government is not to:

(a) consider recommending subdivision; or (b) approve development

of land within a Structure Planning Area unless there is a structure plan for the area or for the relevant part of that area that adequately defines the comprehensive planning detail required to guide orderly subdivision and development for urban land use.

However Clause 5A.1.4.2 states:

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Notwithstanding clause 5A.1.4.1, a local government may recommend subdivision or approve the development of land within a Structure Planning Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements of the Structure Planning Area.

The purpose of structure planning areas are to identify areas requiring comprehensive planning and to co-ordinate subdivision and development in areas requiring comprehensive planning.

The subject Lot 62 is part of a Residential Development zone that extended to include the adjoining land to the south that has now been developed as the Waters Edge estate. This land was previously under Metropolitan Redevelopment Authority control. It was not formally developed with a structure plan, although a conceptual masterplan guided the approval by the MRA of a development application. In essence the development application was the structure plan.

City staff consider that the same approach is more than acceptable for treatment of Lot 62. A structure plan instrument in 2018 is somewhat different to a structure plan instrument as it operated under these provisions in Local Planning Scheme No.17 at the time of its gazettal in 2008. The operation of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 render structure plans as strategic instruments not statutory instruments: they no longer have the same binding effect in relation to designated zones, residential density codings or other provisions as if they were formally part of a local planning scheme.

City staff are of the view it is possible to consider whether the proposed application is appropriate within the context of the zoning objectives for the Residential Development zone having regard to the existing surrounding environment and other instruments within the planning framework.

LPS 17 identifies the objectives of the zone as being to:

a) provide for the coordinated development of future residential areas through the application of a comprehensive plan to guide subdivision and development to be known as a “Structure Plan”;

b) provide for predominantly residential development, but including also a range of compatible services, consistent with the needs of an integrated neighbourhood, and planned so as to minimise adverse impacts on amenity;

c) avoid the development of land for any purposes or at a time when it is likely to compromise development elsewhere in the district or prejudice the future development of land in the Residential Development zone for more appropriate purposes;

d) take account of the need to protect the amenity and on-going use of adjacent property owners as well as to provide for the needs of future residents.

The application’s failure to accord with objective a) of the zone is for the reasons above not considered to be fatal to its approval.

In relation to objective c) – the development of the land for grouped dwellings will not compromise development anywhere else within the district of the City of Swan and is in any event entirely consistent with the zoning intention of providing residential development.

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Page 13 Objectives b) and d) pertain to ensuring protection of existing amenity. This matter will be addressed through the applications assessment against the Residential Design Codes of WA further in the report.

The proposed development of 29 grouped dwellings on 0.8474 hectares of land equates to a residential density of 34 dwelling units per hectare. This is comparable with the development of Waters Edge to the south that, as noted, is also within the Residential Development zone. And it is less than the R60 designated for land to the south off Aquaviva Circle.

The proposed residential development is at a greater density than some of the land to the west, which comprises the older part of Viveash and which is coded R15 and R20. Some parts are however dual coded R20-35. This envisages and in fact promotes opportunity for infill development.

City staff therefore do not consider that proposed density of development is inappropriate within the context of the Viveash locality. The density of proposed development of the land with respect to the provisions of SPP5.1 - Land use Planning in the Vicinity of Perth Airport will be considered further.

State Planning Policy 5.1 (SPP5.1) - Land use Planning in the Vicinity of Perth Airport

SPP5.1 defines noise exposure contours in the vicinity of Perth Airport, based on Australian Noise Exposure Forecast (‘ANEF’) levels.

The subject site is subject to the 20 and 25 ANEF noise exposure contours.

Residential development can be considered within this noise exposure contours, subject to the development having appropriate noise control features incorporated into the construction of the development.

The proposed development has been assessed by Lloyd George Acoustics. It was determined that the dwellings are capable of achieving acceptable internal noise levels provided suitable noise attenuation measures are incorporated into the construction of each dwelling. This has been addressed through an appropriate condition.

SPP5.1 specifies that development in the 20 and 25 ANEF noise exposure contours should be limited to a residential density of R20, except where;

• land is identified as appropriate for more intensive development through strategic planning instruments such as a regional or sub-regional structure plan;

• a higher density coding is desirable to facilitate redevelopment or infill development of an existing residential area; and

• it can be demonstrated that the public benefits of higher density coding outweigh the negative impacts of exposing additional residents to aircraft noise.

The subject lot as noted is not subject of any approved local or sub-regional structure plan. It is not identified in any strategic planning instruments that earmark it for residential development at a density coding greater than R20. There is not a case under the first criterion to support the application.

With respect to the second criterion – the proposed density of development – at 34 dwelling units per hectare, is as noted commensurate with the residential density

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coding assigned to various pockets of the Viveash locality, particularly those parts to the north-west that have the R20/35 dual coding. The higher coding in these instances is designed to encourage infill development and was deployed to implement the objectives of the City’s Urban Housing Strategy. It is accepted that the proposed density at 34 dwellings units a hectare, achieving 29 dwelling units for the site, presents a more attractive infill development proposition than 20 dwelling units a hectare, achieving 18 dwelling units for the site.

It is considered that Infill development/redevelopment from a planning perspective is rarely an exercise that occurs to a density of R20, this being commonly accepted as the “base” coding around much of the Perth metropolitan region.

In the instance of the subject lot, which is a small parcel of land less than one hectare in area in a built up environment, it is considered that its development is better facilitated by a density coding greater than R20. The application therefore is considered to satisfy this second criterion.

In relation to the third criterion the case against this application, as put by Perth Airport is:

- Whilst SPP 5.1 and the ANEF contours applicable to the land designate residential development “conditionally acceptable”, the ANEF metric is not well suited to conveying the impact of aircraft noise and aircraft noise exposure to the community as the frequency and extent of noise from aircraft overflight do not translate well by the ANEF system.

- The entire area (contour area) will be subject to 200 aircraft movements exceeding 65 decibels across an average day.

- Building insulation to mitigate noise only works with windows and doors closed – this is not conducive to Perth lifestyles.

- Maintaining the operational flexibility of Peth Airport is paramount to WA and the placement of new residential communities in aircraft noise affected areas has the potential to result in restrictions on airport operations.

The objection above is in the nature of an objection to any residential development of the subject lot per se not an objection specific to its development at a density above R20. Should the application be approved Perth Airport recommended conditions requiring the incorporation of noise attenuation measures and notifications on title advising of aircraft noise.

In support of the proposed higher density the applicant has suggested as follows:

- The proposed 29 dwellings development scenario is no different to scenarios of development under an assigned R20 density coding for aged persons dwellings or ancillary dwellings where the R-Codes would provide for virtually the same number of aged dwellings (28 ) and some 36 dwellings (18 single houses and 18 ancillary dwellings).

City staff accept that from a net noise exposure point of view this application introduces no greater level of risk then what could otherwise occur were the lot assigned an R20 coding.

Notwithstanding, the criterion requires some consideration of the public benefits that the application will bring. Most notably the revised application provides a small pocket park of 847m² that the applicant intends to deliver to the City of Swan as public open space. City staff consider that the proposed park will provide significant utility to residents of the Viveash locality, this being evidenced by past instances of public concern with loss of bushland and recreational opportunities. The utility of the

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Page 15 park to the residents of the broader locality is considered to bring a benefit to patently more persons then the potential for likely complaint on aircraft noise from an additional 20 persons (this being the number of estimated additional residents of the 10 grouped dwellings above the 18 set at an R20 density).

For these reasons, and subject to the imposition of conditions on noise mitigation measures in dwelling construction, coupled with notifications on title advising of aircraft noise, the higher density of development is supported.

State Planning Policy 2.10 – Swan Canning River System

The requirements under State Planning Policy 2.10 – Swan Canning River System (‘SPP2.10’) have been considered by the DCBA as part of their comments on the application. In light of the DCBA comments the application is consistent with the relevant provision of SPP2.10.

R-Codes

The R-Codes apply to the grouped dwelling development and guides the development requirements in the absence of a Structure Plan.

An assessment of the application under the relevant development standards set out for the site under the R-Codes is as follows:

Provisions of the R- Codes

Requirement Compliance

Site area Development which complies with the dwelling type and site area requirements set out in Table 1 (R40)

• Minimum:180m²

• Average: 220m²

The proposed development complies with the minimum and average site area requirements.

Street Setbacks – Primary Street – Muriel Street/Ashby Terrace for lot facing the street and Tyne Link for those facing Tyne Link Secondary Street – Tyne Link for lot facing the internal road Communal street - internal road

4 metres with an allowable protrusion of 1 m for a porch, balcony, verandah, chimney or equivalent.

1 metre to secondary street.

Development setback to corner truncation is to be as per the secondary street setback of 1m.

2.5m street setback and 1.5m to a porch, balcony, verandah, chimney or equivalent.

The dwellings along Muriel Street/

Ashby Terrace comply with the primary street setback, except for the following variations:

• Dwelling 7:

o 3m setback to entry; 2m setback to porch.

• Dwelling 9:

Minimum street setback 2m in lieu of the allowable 3m for verandas or equivalent.

• Dwelling 10:

o 1.5m minimum street setback in lieu of the allowable 3m for verandas or equivalent.

Dwellings with Tyne link as primary street proposes the following variations:

• Dwelling 1 has a setback of 0.8m to the corner truncation at

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the corner of Muriel Street/

Ashby Terrace and Tyne Link in lieu of 1m. In addition the primary street proposed is 2.2m in lieu of 4m.

Dwellings with Tyne link as secondary street proposes the following variation:

• Dwelling 31 has a setback of 0.7m to Tyne Link in lieu of 1m.

Dwellings with primary street as the internal road mainly complies except for the following variations:

• Dwelling 16 and 17:

o 2.3m setback to entry; 1.2m setback to porch;

• Dwelling 18:

o Minimum setback of 1.2m to upper floor ensuite in lieu of 2.5m.

Design Principles

The proposed variations are considered minor and will not have an undue impact on the streetscape. The development still provides adequate open space and appropriate space for landscaping and car parking. The safety clearances provided are appropriate. The dwellings are appropriately articulated to reduce any perceived building bulk issues.

Given this, the proposed setbacks meet the relevant design principles and can be approved.

Lot Boundary Setbacks -

As per Table 2a and 2b of R- Codes.

Walls may be built up to the boundary behind the street setback line:

• where the wall abuts an existing or simultaneously constructed wall of similar or greater dimension;

• in ar eas co d ed R30 an d h ig h er ,walls not higher than 3.5m with an average of 3m or less, for two- thirds the length of the balance of the lot boundary behind the front setback, to one side

All setbacks proposed complies except for the following variations:

• Dwelling 1, 2, 4, 10, 20, 22, 25, 27, 28 and 30:

o Eastern setback 0.7m in lieu of 1.5m.

• Dwelling 3, 21, 23, 24, 26 and 29:

o Western setback 0.7m in lieu of 1.5m.

• Dwelling 7:

o Western setback 0.7m in lieu of 1.5m

o 1st floor setback 1.45m from southern side boundary in lieu

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Page 17 boundary only. of required setback of 1.6m.

• Dwelling 11, 13, 14 and 16:

o Southern setback 0.7m in lieu of 1.5m.

• Dwelling 12, 15 and 17:

o Northern setback 0.7m in lieu of 1.5m.

• Dwelling 18:

o Eastern setback 1.2m in lieu of 1.5m.

Boundary Wall variations:

The proposed dwellings 10 and 18 do not meet the boundary wall requirement as the walls are built within the street setback area.

Dwelling 10 has a boundary wall setback 3m and the boundary wall of dwelling 18 is setback 1.2 m, both in lieu of the 2.5m requirement.

The proposed setback variations are considered minor and are internal to the grouped dwelling development. The development still provides adequate setbacks and articulation to ameliorate the impact of perceived building bulk. The setback variations predominantly relate to the patios at ground level and are insignificant and thus will not impact on overshadowing or the level of ventilation more than a compliant setback. The proposed variations do not impact on privacy as it is at ground level and those at the upper levels are to be appropriately screened.

In addition to the above, the boundary walls allow for more appropriate use of the lots for outdoor living. The level of articulation and the level of variation are such that the dwellings will not have an undue impact on the neighbouring property. Given this, the proposed setbacks meet the relevant design principles and can be approved.

Open Space 45% open space All dwellings comply, except Dwelling 10 with an open space of 85m² in lieu of 92m². This related to 41.46% open space.

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The proposed variation is for only 7m². The proposed open space does not negatively impact the streetscape character, on the available sunlight and building bulk, as the open space variation is insignificant in size and will not make a visible impact in comparison to the required open space. The dwelling is appropriately articulated to reduce the impact of building bulk. The dwelling is design with landscaping including trees that will soften the streetscape and add to the streetscape setting. The dwelling design does allow for a sufficient outdoor area to enjoy and there is enough space to later install external fixtures and essential facilities. Given this the proposed open space of dwelling 10 meets the design principles and can be approved.

Building height Top of external wall(roof above) – 6m

Top of pitched roof – 9m

Complies.

Maximum wall height varies across the dwellings but is less than 6m.

Maximum height to roof pitch varies across the dwellings but is less than 9m.

Setback of garages and carports

4.5m from the primary street except may be reduced;

• in accordance with Figure 8b where the garage adjoins a dwelling provided the garage is at least 0.5m behind the dwelling alignment (excluding any porch, verandah or balcony); or

• to 3m where the garage allows vehicles to be parked parallel to the street. The wall parallel to the street must include openings.

Garages and carports built up to the boundary abutting a private street or right-of-way which is not the primary or secondary street boundary for the dwelling, with manoeuvring space of at least 6m, located immediately in front of the

The variations to the garage setbacks to Muriel Street/Ashby Terrace and Tyne Link are as follows:

Dwelling 1, 5, 6, 7,8 , 9, 10:

4m setback in lieu of 4.5m Dwelling 11:

4.4432m in lieu of 4.5m Internal private roads:

All dwellings facing the internal private road are compliant with the nil setback and manoeuvring requirements.

Design Principles:

The driveways as proposed do allow for appropriate sightline distances to maintain clear sightlines along the street. The proposed variation of 0.5m or less is insignificant and will not impact more on the streetscape appearance or obstruct vies of

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Page 19 opening to the garage or

carport and permanently available.

dwellings from the street than a dwelling with the required setback.

Given this, the proposed garage setbacks meet the design principles and can be approved.

Garage width Where a garage is located in front or within 1m of the building, a garage door and its supporting structures (or a garage wall where a garage is aligned parallel to the street) facing the primary street is not to occupy more than 50 per cent of the frontage at the setback line as viewed from the street. This may be increased to 60 per cent where an upper floor or balcony extends for the full width of the garage and the entrance to the dwelling is clearly visible from the primary street

Complies

Street surveillance • The street elevation(s) of the dwelling to address the street with clearly definable entry points visible and accessible from the street.

• At least one major opening from a habitable room of the dwelling faces the street and the pedestrian or vehicular approach to the dwelling.

Complies.

The development provides balconies and major openings accessible from a habitable room to the public and private streets and allows for passive surveillance.

Clearly definable entry points are provided to the dwelling that is easily accessible.

Street walls and fences

Front fences within the primary street setback area that are visually permeable above 1.2m of natural ground level, measured from the primary street side of the front fence.

The front fence of Dwelling 1 along Tyne Link is solid to 1.8m.

Design Principles:

Street surveillance and the visual presentation of the proposed dwelling to the street is effected by multiple major openings at first floor level inclusive of balcony.

Sight lines Walls, fences and other structures truncated or reduced to no higher than 0.75m within 1.5 metres of where walls, fences, other structures adjoin vehicle access points where a driveway meets a public street and where two streets intersect.

Complies. No dwellings have structures within 1.5 metres of a vehicular access where it meets a public road and where two streets intersect.

Outdoor living areas • 20m² outdoor living space.

• behind the street setback area;

All dwellings comply with the outdoor living requirements.

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• directly accessible from a habitable room of the dwelling;

• with a minimum length and width dimension of 4m;

and

• to have at least two-thirds of the required area without permanent roof cover.

Landscaping Landscaping of grouped and multiple dwelling common property and communal open space in accordance with the following:

• the street setback area developed without car parking, except for visitors’

bays, and with a maximum of 50 per cent hard surface;

• separate pedestrian paths providing wheelchair accessibility connecting entries to all buildings with the public footpath and car parking areas;

• landscaping between each six consecutive external car parking spaces to include shade trees;

• lighting to pathways, and communal open space and car parking areas;

• bin storage areas conveniently located and screened from view;

• trees which are greater than 3m in height shall be retained, in communal open space areas which are provided for the development;

• adequate sight lines for pedestrians and vehicles;

• clear line of sight between areas designated as communal open space and at least two habitable room windows;

• clothes drying areas which are secure and screened

Complies.

• Only visitor parking is located in the street.

• The development does allow for a pedestrian footpath along the internal private road and is accessible for wheelchairs.

• N/A

• To be conditioned

• Each dwelling has been provided with enough space for the storage of bins that are screened from view.

• Two larger trees to be retained in POS area to be ceded to City of swan.

• Complies

• All dwellings are proposed such that habitable spaces are clearly visible from the street.

• No clothes drying facilities.

• Visitor parking is proposed within the common property (the internal private road) away from the public streets.

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Page 21 from view; and

• unroofed visitors’ car parking spaces to be effectively screened from the street.

Parking Location B – two parking bay for two bedrooms or more. – Total 62.

On-site visitors car parking spaces for grouped and multiple dwelling developments provided at a rate of one space for each four dwellings, or part thereof in excess of four dwellings, served by a common access.

Each dwelling is provided with a double garage.

Provision of three visitor bays complies.

Design of car parking spaces

• As per the Australian Standards AS2890.1.

• Visitor parking is to be marked and clearly signposted as dedicated for visitor use only, and located close to, or visible from, the point of entry to the development and outside any security barrier; and provide an accessible path of travel for people with disabilities.

• Car parking areas comprising six or more spaces provided with landscaping between each six consecutive external car parking spaces including shade trees.

Will comply

There is no landscaping requirement relevant to this development.

Vehicular access Access to onsite car parking to be provided:

• from right of way;

• from a secondary street; or

• from primary street frontage where no

secondary street or right of way exists.

Driveways to primary or secondary street provided as follows:

• driveways servicing four dwellings or less not narrower than 3m at the street boundary;

• no driveway wider than 6m at the street boundary and driveways in aggregate no greater than 9m for any

Complies.

Access is appropriate. The driveways meet the dimension requirements.

Driveways are setback from the boundary and are not closer than 6m from the street corners or at the point where the carriageway starts to deviate.

The proposed internal street services 15 dwellings and has a width of 5.5 metres at the street boundary.

All driveways to lots no greater than 5 metre in width.

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one property.

Driveways shall be:

• no closer than 0.5m from side lot boundary or street pole;

• no closer than 6m to street corner or the point at which a carriageway begins to deviate;

• aligned at right angles to the street alignment;

• located so as to avoid street trees, or, where this is unavoidable, the street trees replaced at the applicant’s expense or re- planting arrangements to be approved by the decision-maker; and adequately paved and drained.

• Where any proposed development has potential to be subdivided to create 20 or more green title, strata or survey strata lots, with each of these lots obtaining driveway access from a communal street, a minimum total width of 12 metres is required for the communal street which includes a paved vehicular carriageway with a

minimum width of 5.5 metres and a pedestrian path as required by clause 5.3.6.

Complies

The communal internal access street complies with the carriageway width of 5.5 metres but the minimum total width is 8 metres.

Pedestrian paths of 1.25 metres in width are provided to service all 15 dwellings served by the internal access road - complies.

Design principles:

The 8 metre road width has a functional carriageway, pedestrian footpath –can be serviced by waste collection vehicles and shade trees are proposed within the front setback area of the lots served by the road.

Pedestrian Access • Where a group of 10 or more dwellings is served by a communal street, either between a public street or a communal car parking area and individual dwellings; a pedestrian path separate from the vehicular access is provided, designed according to AS1428.1, provides an accessible path of travel and is at least 1.2m in width.

• A communal street or pedestrian path is to be no closer than 3m to any wall

Complies.

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Page 23 with a major opening

unless privacy screening is provided.

Site works • Excavation or filling between the street and building, or within 3m of the street alignment, whichever is lesser, shall not exceed 0.5m, except where necessary to provide for pedestrian or vehicle access, drainage works or natural light for a dwelling.

• Excavation or filling within the site behind the street setback line limited by compliance with building height limits and building setback requirements.

• No filling of more than 0.5 metres above natural ground level within 1 metre of a lot boundary unless otherwise stated.

Complies

Retaining Walls To be setback as per Table1.

Where retaining is less than 0.5m high it may be located up to the lot boundary or within 1m of the lot boundary to allow for an area assigned to

landscaping.

Dwellings 5 to 9

Side and rear boundary retaining walls exceed 1m.

Note: Under Schedule 5 of LPS17 the retaining is exempt from approval.

Stormwater management

To be contained onsite All stormwater to be piped directly into the City of Swan stormwater system running through the site.

This is acceptable and has been conditioned appropriately.

Visual privacy Major openings and unenclosed outdoor active habitable spaces, which have a floor level of more than 0.5m above natural ground level and overlook any part of any other residential property behind its street setback line are:

• Setback for R50 or lower o 4.5m in the case of major

openings to bedrooms and studies;

o 6m in the case of major openings to habitable rooms other than bedrooms and studies;

o 7.5m in the case of unenclosed outdoor active habitable spaces;

Complies except for the below variations:

Dwellings 5 to 9, 13, 14, 18, 19, 23, 24, 27 and 28

Upper floor bedrooms not setback 4.5m within the cone of vision.

Windows to be provided with obscure glass to a height of 1.6m above floor level. Details will be provided pursuant to a Condition of Development Approval.

Dwelling 13:

Balcony is setback less than the 7.5m privacy setback. A privacy screen can be installed.

An applicable condition has been imposed to require appropriate