Development Committee 21 May 2019

DEVELOPMENT COMMITTEE

21 MAY 2019

ORDER OF BUSINESS

1. DECLARATION OF OPENING

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

3. PUBLIC QUESTION TIME

4. DEPUTATIONS AND PETITIONS

5. CONFIRMATION OF MINUTES

6. DECLARATION OF MEMBERS' INTERESTS

7. REPORTS

DEVELOPMENT

Items to be determined by Committee

DV19.43 Lot 550 (No. 2) Omaroo Terrace, City Beach - Viewing Deck 1 DV19.44 Lot 37 (No. 24) Boronia Crescent, City Beach - Two Storey Single Dwelling Under-Croft Garage 6 DV19.45 Lot 2 (No.16a) Jukes Way, Wembley - Proposed Two Storey Single Dwelling 14 DV19.46 Lot 6 (No. 12) Anther Lane, Jolimont - Two Storey Dwelling Amendment To Development Approval 22 DV19.47 Lot 1058 (No. 195) Gregory Street, Wembley - Two Storey Dwelling (Amendment To Approval Da18/0268) 28 DV19.48 Fees And Charges 2019-2020 - Planning And Development Directorate 33

Items to be determined by Council

DV19.49 Lot 1059 (No. 8) Lothian Street, Floreat - Additions And Alterations To Single Dwelling (Amendment To 0133da-2028 And Da18/0301) 39 DV19.50 Lot 64 (No. 7) Dilkara Way, City Beach - Alterations And Additions To Existing Single House (Including Two-Storey Addition) 44 DV19.51 Lot 1612 (No.9) Callan Road, Floreat - Proposed Ancillary Dwelling And Additions To Existing Single Dwelling 51 DV19.52 Lot 10 (No. 15) Gayton Road, City Beach - Two-Storey Dwelling 59 DV19.53 Draft Local Planning Policy 1.7: Amending The Local Government Inventory, Heritage List And Heritage Areas - Adopt For Advertising 66 DV19.54 Submission On Tourism Western Australia's Coastal Boardwalk Concept 71 DV19.55 Building Permits Approved Under Delegated Authority - April 2019 75 DV19.56 Delegated Decisions And Notifications Report - April 2019 77 DV19.57 Leederville Town Hall Car Park - Permit Parking Trial 81

8. CLOSURE

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 (I) DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.43 LOT 550 (NO. 2) OMAROO TERRACE, CITY BEACH - VIEWING DECK

ADMINISTRATION RECOMMENDATION:

That, in accordance with the provisions of Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Committee APPROVES the application for a viewing deck submitted by Weststyle Design & Development at Lot 550 (No. 2) Omaroo Terrace, City Beach as shown on the plans dated 17 January 2019, subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. The balustrading of the viewing deck shall be constructed of clear glazed glass, or other similar material, to the satisfaction of the Town;

3. All structures (and associated footings) shall be contained within the lot boundaries of the subject site; and

4. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town.

Advice Notes:

1. If the development the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect;

2. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained;

3. If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination; and

4. The applicant is responsible for ensuring that all lot boundaries as shown on the approved plans are correct.

SUMMARY:

The purpose of this report is for Council to consider a development application for a viewing deck on a two-storey dwelling at Lot 550 (No. 2) Omaroo Terrace, City Beach.

The application proposes a variation to the deemed-to-comply requirements of Clause 5.4.1 Visual Privacy of the R-Codes. Additionally, the proposed viewing deck located on top of two-storey dwelling, whilst not constituting a storey, could be perceived as a third storey and as such may be considered to be inconsistent with the built form requirements of the Ocean Mia Design Guidelines.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 1 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Notwithstanding, it is considered that the extent of the variation is minor and that the application meets the relevant design principles due to the minimal privacy impact on the adjoining property, and the relatively minor visual impact of the structure from the streetscape due to the scale and materials used.

Accordingly, it is recommended that the application be approved, subject to appropriate conditions.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes.  Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

DELEGATION:

While the Administration has delegation to make a decision in accordance with Cl. 9.2.1 of the Town's Delegation Register, it is considered that Council should consider the application to ensure consistent decision making in determining similar future development applications in the area.

BACKGROUND:

Address/Property Location: Lot 550 (No. 2) Omaroo Terrace, City Beach Report Date: 17 April 2019 File Reference: DA19/0010 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Chris Della Bona, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Aerial Plan (1 page) 2. Development application plans (3 pages) 3. Applicant's Justification (8 pages)

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 2 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Applicant: Weststyle Design & Development Owner: Mr S Sivaraj Zoning: Residential R30/40 - Special Control Area 1 Precinct: P1: City Beach (Ocean Mia) Development Description: Viewing Deck Development Value: $43,146.65 Existing Land Use: Under Construction Dwelling (Single) - 'P' (Permitted) Proposed Use Class: N/A - Works associated with existing dwelling Lot/Land Area: 410 square metres Heritage Listing: Not listed Application Received Date: 17 January 2019 Application Process Days: 124 days

DETAILS:

Development description

The subject site is located in a block bound by The Boulevard to the north, Alkoomie Terrace to the east, Omaroo Terrace to the south and Majalin Avenue to the west. The site comprises a two-storey single dwelling that is currently under construction. The Boulevard, Alkoomie Terrace and Omarroo Terrace streetscapes consist of two-storey contemporarily designed dwellings.

The development application proposes a viewing deck on a previously approved two-storey dwelling. The viewing deck is enclosed with a 1.0 metre high balustrading constructed of glass, above the two-storey portion of the dwelling.

Community Consultation

The application was advertised for a period of 14 days, from 26 March 2019 to 10 April 2019, in accordance with the requirements of Local Planning Policy 1.2 - Public Notification of Planning Proposals.

No submissions were received during the advertising period.

Applicant's justification

The Applicant has provided justification in support of the proposed variation to the relevant deemed-to-comply provisions. A summary of that justification is included as an attachment to this report.

Statutory Assessment

State Planning Policy 3.1 - Residential Design Codes

The subject application meets all deemed-to-comply requirements of the R-Codes with the exception of the below.

5.4.1 - Visual Privacy Deemed-to-comply Proposed provision Unenclosed outdoor active Minimum 7.5 metre setback 6.8 metre setback from the habitable spaces - Viewing from the western lot western lot boundary deck boundary

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 3 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Where there is a non-compliance with the deemed-to-comply provisions, the application is required to be considered under design principle 5.4.1 P1.1 and P1.2 of the R-Codes. An assessment against the design principles is provided below:

• The proposed area of overlooking from the proposed viewing deck to the western adjoining property is located on the roof of the adjoining property's ground floor parapet wall, and the eastern side of the upper floor wall, which does not contain any major openings to habitable rooms. As such, the proposal is considered to have minimal direct overlooking to active habitable spaces, outdoor living area or major openings to habitable rooms.

For these reasons, the proposed variation meets the design principles and is not to have a detrimental impact on site, the adjoining properties or the locality.

Ocean Mia Design Guidelines

The subject application meets all deemed-to-comply requirements of the design guidelines, including the maximum storey height requirement of the Ocean Mia Design Guidelines. The development application proposes a viewing deck, on an existing two-storey dwelling. The proposed viewing deck does not constitute a storey as defined in the Town of Cambridge Town Planning Scheme No. 1 (the Scheme). However, the proposal could be perceived as a third storey, and as such would be inconsistent with the desired built form outlined in the Ocean Mia Design Guidelines which prescribe a combination of single and double storey built form for all single dwellings within the design guideline area. The rationale for these specific built forms, as outlined in the design guidelines, is to achieve a balance between privacy, views and solar access.

As such, consideration should be given to whether the proposal meets the rationale for the built form, and the relevant objectives of the Ocean Mia Design Guidelines. An assessment against these is provided below:

• The proposal meets the deemed-to-comply requirements for maximum building height, and the proposed roof deck by definition is not a third storey. As such, the proposal is considered to be consistent with the desired built form of the design guidelines. • While the application proposes a variation to the deemed-to-comply requirements for visual privacy, the proposal is considered to meet the design principles, as outlined in the assessment above. As such, the proposal is not considered to have a detrimental impact on the privacy of the adjoining property. • Due to the balustrade being constructed of glass, the proposed viewing deck is not considered to inhibit access to views of significance for adjoining properties. • Due to the balustrade being constructed of glass, the proposed viewing deck is not considered to inhibit solar access for adjoining properties. • It is considered that the proposed structure will have a minimal impact on the streetscape, due to the materials used being transparent reducing bulk impacts, and the relatively minor impact (1.0 metre balustrading) to the built form of the dwelling. As such, the proposal is considered to be compatible with neighbouring developments.

For these reasons, the proposed variation meets the objectives and the rationale for the built form requirements of the Ocean Mia Design Guidelines, and is not to have a detrimental impact on site, the adjoining properties or the locality.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 4 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

POLICY/STATUTORY IMPLICATIONS:

There are no policy or statutory implications related to this report. The proposal was assessed against the provisions of the Residential Design Codes of Western Australia, Town Planning Scheme No.1, and the Town Planning Scheme Policy Manual.

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

Goal 4: Neighbourhoods where individual character and quality is respected, and planning is responsive to residents Strategy 4.3: Ensure new development is harmonious with established residences and respects our existing 'sense of place' and our unique character Strategy 4.4: Enhance and respect our existing streetscapes, setbacks and green spaces.

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 5 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.44 LOT 37 (NO. 24) BORONIA CRESCENT, CITY BEACH - TWO STOREY SINGLE DWELLING UNDER-CROFT GARAGE

ADMINISTRATION RECOMMENDATION:

That, in accordance the provisions of the Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Committee APPROVES the application for a two storey dwelling with under-croft garage' submitted by Banham Architects at Lot 37 (No. 24) Boronia Crescent, City Beach as shown on the plans dated 7 March 2019, subject to the following conditions:-

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. The roof material shall not to be zincalume, white or off-white metal sheeting where the roof pitch exceeds five degrees;

3. The vehicle crossover shall be constructed to the specifications and satisfaction of the Town. The vehicle crossover shall be constructed to a maximum width of 6 metres (excluding splays) and located a minimum distance of 1.5 metres away from the outside of the trunk of any street tree;

4. The privacy screens shown on the approved plans shall be installed prior to practicable completion of the proposed dwelling and be maintained thereafter by the landowner to the Town's satisfaction;

5. The privacy screens as shown on the approved plans shall be at least 75% obscure, permanently fixed, and made of durable material;

6. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town;

7. All structures (and associated footings) shall be constructed within the lot boundaries of the subject site; and

8. The landscaping shown on the approved plans being planted within 60 days of the development's practicable completion.

Advice Notes specific to this approval:

2. Where an approval has so lapsed, no development shall be carried out without the further approval of the Town of Cambridge having first been sought and obtained;

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 6 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

3. If an applicant or landowner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application shall be made within 28 days of the determination;

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any legislation (including any of the Town's local laws);

It is the responsibility of the landowner to obtain any other necessary approvals, permits, licences or consents required under any other legislation, and to commence and carry out the development in accordance with all relevant legislation;

5. The applicant is responsible for ensuring that all lot boundaries as shown on the approved plans are correct;

6. The landowner is advised that a Building Permit application shall be submitted to, and approved by, the Town prior to any construction or site works commencing on the subject site in accordance with the Building Act 2011 and Building Regulations 2012; and

7. The applicant and the landowner are advised that a separate development application will be required to be submitted to and approved by the Town prior to erecting any fencing which does not meet the deemed-to-comply provisions of the Residential Design Codes and/or Council's Local Planning Policy 3.1 - Streetscape.

SUMMARY:

The purpose of this report is for Council to consider a development application for a two storey dwelling with an under-croft garage at Lot 37 (No. 24) Boronia Crescent, City Beach.

The application seeks variations to the deemed-to-comply provisions in terms of lot boundary setbacks from the north and south side lot boundaries, building height, street surveillance and vehicular access.

The plans being presented to Council were advertised for comment and one objection was received.

In accordance with the Town's Delegation Register Clause 9.1.2 (1), Council will determine an application for planning approval where a submission has been received on valid planning grounds which cannot be addressed by conditions of a development approval.

Considering the scale and the nature of the proposed development, it is deemed to satisfy the relevant design principles. Accordingly, it is recommended that the application be approved subject to appropriate conditions.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 7 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

AUTHORITY / DISCRETION

 Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

DELEGATION

In accordance with clause 9.1.2 of the Town's Delegation Register Council is required to determine the application for the following reason:

"1. The granting of development approval where a submission has been received:

a) during the advertising period of the development application that objects to the application on valid planning grounds; and b) which cannot be addressed by conditions of development approval."

BACKGROUND:

Address/Property Location: Lot 37 (No 24) Boronia Crescent, City Beach Report Date: 30 April 2019 File Reference: 0257DA-2018 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Karen Liddell, Senior Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Location Plan (1 page) 2. Site Photos (2 pages) 3. Development application plans (7 pages) 4. Extent of non-compliant building height (1 page) 5. Applicant's Justification (1 page) 6. Summary of Submissions (1 page)

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 8 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Applicant: Banaham Architects Owner: Mr Paul Harris Zoning: Residential R12.5 Precinct: City Beach Development Description: Two Storey Single Dwelling with Undercroft Garage Development Value: $2,000,000 Existing Land Use: Residential Proposed Use Class: Dwelling (Single) Lot/Land Area: 873 square metres Heritage Listing: Not applicable Application Received Date: 13 September 2018 Application Process Days: 250 days

DETAILS:

Development Description

Site Context

The subject site is located within the P1: City Beach Precinct and experiences a fall of approximately 3.5 metres from the north-western corner (40.82AHD) to the south-eastern corner (37.27AHD). The natural topography of the subject site is generally consistent with that of surrounding properties, with abutting properties having a similar north to south slope.

Surrounding development within the locality consists of one and two storey single dwellings, with a mix of undercroft or at-grade garages.

Proposal

The subject application proposes a two-storey flat-roofed single dwelling with an undercroft garage. Some associated excavation and filling of the site is proposed in order to provide a flat surface for construction of the main portion of the dwelling.

Additional details relating to the development application include:

• Variations to lot boundary setbacks along the northern and southern boundaries; • A 5 square metre portion of the dwelling's overall height along its southern side being up to 7.6 metres in lieu of 7 metres above natural ground level. • Bedroom 2 on the ground floor being partially screened in lieu of having a clear view of the street and approach to the dwelling. • Vehicles at the rear of the proposed garage not being able to enter and exit the property in forward gear despite being more than 15 metres from the street.

Community Consultation

Plans originally received by the Town as part of the development application proposed variations to the primary street setback, visual privacy, vehicular access, street surveillance and lot boundary setback requirements. The application was advertised from 9 October 2018 to 25 October 2018, in accordance with the requirements of Local Planning Policy 2.3 - Public Notification and Advertising Procedures.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 9 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Three objections were received by the Town regarding the proposal. In addition to this a letter of support from a nearby resident was also provided by the applicant after the advertising period had concluded.

Subsequently amended plans were received which addressed the primary street setback and visual privacy variations, however, it was noted that a building height variation was being proposed therefore the application was re-advertised from 29 March 2019 to 12 April 2019.

One objection was received during this advertising period. Refer to attachment 6 for a summary of the comments received regarding the amended plans being presented to Council for determination.

Applicant's justification

The applicant has provided written justification for the variations to the deemed-to-comply provisions. Refer to attachment 4 for a copy of the applicant’s justification.

Assessment against the design principles

The subject application meets all deemed-to-comply requirements of the following:

• State Planning Policy 3.1 - Residential Design Codes • Local Planning Policy 2.1 - Precinct P1: City Beach • Local Planning Policy 3.1 - Streetscape with the exception of those identified in the following tables.

State Planning Policy 3.1 - Residential Design Codes (R-Codes)

5.1.3 Lot boundary setback Deemed-to-comply Proposed Provision As per Table 2a or 2b A wall with no major opening, The upper floor of the dwelling up to 18 metres in length and is proposed to be set back 2.2 7.5 metres in height is to be metres from the southern side set back at least 2.4 metres lot boundary. from a lot boundary. A wall with a major opening, The ground floor of the dwelling more than 25 metres in length is proposed to be set back 1.1 and 2 metre in height is to be metres from the northern side set back at least 1.5 metres lot boundary. from a lot boundary. A wall with no major opening, The upper floor of the dwelling more than 25 metres in length is proposed to be set back 1.8 and 5.2 metres in height is to metres from the northern side be set back at least 2.5 lot boundary. metres from a lot boundary. A wall with no major opening, The roof terrace level of the up to 15 metres in length and dwelling is proposed to be set 6.7 metres in height is to be back 2 metres from the northern set back at least 2.1 metres side lot boundary. from a lot boundary.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 10 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

It is considered that the above variations are consistent with the associated design principles on the basis of the following:

• The setbacks are between 10 centimetres and 70 centimetres less than what is permitted, variations of this extent are unlikely to be apparent when viewed from the adjoining properties. • The irregular shape of the lot restricts its redevelopment potential. The front boundary being approximately 19.1 metres wide and the rear boundary being approximately 6.6 metres wide. • The components of the development concerned do not directly abut areas on neighbouring properties which are their main outdoor living areas therefore the building bulk is unlikely to have a significant impact on the neighbours' amenity. • The variations will not result in any non-compliant overlooking, open space and/or overshadowing amount.

5.1.6 Building Height Deemed-to-comply Proposed Provision Buildings to comply with Table A 5 square metres portion of 3 of the R-Codes which the dwelling's southern side is permits flat roofed dwellings proposed to be between 7.3 of up to 7 metres in height metres and 7.6 metres in height above natural ground level. above natural ground level.

It is considered that the above variation is consistent with the associated design principles on the basis of the following:

• The variation will not result in any non-compliant overlooking and/or overshadowing amount, nor obstruct any view of significance for nearby properties considering its location on the property and its scale. • The area in excess of 7 metres in height equates to approximately 5 square metres which is unlikely to be evident when viewed from the adjoining properties considering its scale (refer to attachment 4).

5.3.5 Vehicular Access Deemed-to-comply Proposed Provision Driveways designed for two A four car garage is proposed. way access to allow for When parked at the rear of the vehicles to enter the street in garage cars will be more than forward gear where the 15 metres from the street distance of an onsite car without the ability to enter the parking space to the street is street in forward gear after 15 metres or more. entering the property in forward gear.

It is considered that the above variation is consistent with the associated design principles on the basis of the following:

• Boronia Crescent is not deemed to be a primary distributor or an integrator arterial road under the Department of Planning, Lands and Heritage's Development Control Policy 1.7 General Road Planning. Therefore traffic and pedestrian movements and volumes are not deemed to be significantly high.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 11 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The proposal complies with the sight line requirements and no pedestrian footpath exists along the verge adjoining the subject property.

Taking all of this into consideration, the variation is unlikely to have a detrimental impact on the safety of pedestrians and/or other road users.

• The deemed-to-comply provisions of the R-Codes only require cars to enter the street in forward gear, no reference is made to cars having to enter the property in forward gear as well. Considering the above point, if vehicles were to reverse onto the property to then be able to enter the street in forward gear it is unlikely to create safety issues for pedestrians and/or other road users.

Local Planning Policy 3.1 - Streetscape (LPP3.1)

3.1.6 Street Surveillance Deemed-to-comply Proposed Provision Each habitable room facing An external louvre screen is the primary street must have proposed to be erected in front at least one major opening of bedroom 2 on the ground with clear glazing, with a clear floor which directly faces the view of the street and the street. approach to the dwelling.

In accordance with LPP3.1, the purpose of this provision is to create natural surveillance and provide good visual connections between the dwelling and the street.

The screen is proposed to provide more privacy for a bedroom which will restrict, whilst not fully obstruct, surveillance of the street and of the approach to the dwelling.

On the upper storey two balconies with glass balustrades and two habitable rooms with major openings are proposed. These areas are likely to be used on a more regular basis compared to the bedroom and therefore a relatively high level and frequency of street surveillance is likely.

These upper storey areas dominate the frontage more than the bedroom. In addition to this, a large amount of landscaping and no new fencing is proposed within the street setback area. Therefore it is likely that there will be a good visual connection between the property and the street.

Considering the above, the variation is deemed to satisfy LPP 3.1.

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 12 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 13 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.45 LOT 2 (NO.16A) JUKES WAY, WEMBLEY - PROPOSED TWO STOREY SINGLE DWELLING

ADMINISTRATION RECOMMENDATION:

That, in accordance with Clause 68(2) of the Deemed Provisions of the Town of Cambridge Town Planning Scheme No. 1 Committee APPROVES the application for a two storey dwelling' submitted by Coast Homes WA Pty Ltd at Lot 2 (No.16A) Jukes Way, Wembley as shown on the amended plans dated 26 April 2019, subject to the following conditions:-

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. The surface of the boundary walls shall be finished to a professional standard (ie. have raked/rolled joints or an even render finish) to the satisfaction of the Town;

The boundary walls and footings shall be constructed within the lot boundaries of the subject site;

3. The front area that is forward of the dwelling shall be landscaped in accordance with the approved plans within six months of practical completion of the dwelling and is to be thereafter maintained for the life of the development to the satisfaction of the Town;

4. Any existing crossover not included as part of the approved development shall be removed, and the verge and kerb reinstated at the landowner/developer's cost prior to the commencement of use/occupation of the building to the satisfaction of the Town;

5. All visual privacy screening shown on the approved plans to comply with the Residential Design Codes and be installed prior to the practicable completion of the dwelling, and maintained thereafter, by the landowner to the Town's satisfaction; and

6. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town.

Advice Notes:

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 14 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

2. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained;

4. This is a development approval of the Town under its Town Planning Scheme No.1. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws or by-laws);

It is the responsibility of the landowner/applicant to obtain any other necessary approvals, permits, licences or consent required under any other legislation, and to commence and carry out the development in accordance with all relevant legislation;

5. The applicant is responsible for ensuring that all lot boundaries as shown on the approved plans are correct; and

6. In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application shall be submitted to, and approved by the Town’s Building Services branch prior to any construction or earthworks commencing on the subject site.

SUMMARY:

The purpose of this report is for Council to consider a development application for a two- storey dwelling at Lot 2 (No.16A) Jukes Way, Wembley.

Plans originally received for the subject application did not meet the deemed-to-comply provisions for building height, street setbacks, lot boundary setbacks, garages, crossovers, buildings on the boundary and visual privacy.

Those variations were advertised to the surrounding owners and occupiers. In response, 4 objections were received.

Subsequently, amended plans were received which addressed the building height and visual privacy variations.

Considering the nature and the scale of the development, it is deemed to satisfy the design principles therefore Administration recommends that the application should be approved subject to appropriate conditions.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 15 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

AUTHORITY / DISCRETION

DELEGATION

In accordance with clause 9.1.2 of the Town's Delegation Register, Council is required to determine the application for the following reason:

"1. The granting of development approval where a submission has been received:

a) during the advertising period of the development application that objects to the application on valid planning grounds; and b) which cannot be addressed by conditions of development approval."

BACKGROUND:

Address/Property Location: Lot 2 (No.16A) Jukes Way, Wembley Report Date: 26 April 2019 File Reference: DA18/0381 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Andrew Bratley, Senior Statutory Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Location Plan (1 page) 2. Development Application Plans (5 pages) 3. Applicant's Justification (11 pages) 4. Schedule of Submissions (1 page) 5. Location of non-compliant (authorised) covered car spaces (1 page) 6. Location of nearby properties with similar street boundary setbacks (1 page)

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 16 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Applicant: Coast Homes WA Pty Ltd Owner: Wei Chan Zoning: Residential R30 Precinct: P4: Wembley Development Description: Two-storey Dwelling Development Value: $565,230 Existing Land Use: Nil - vacant land Proposed Use Class: Dwelling (Single) - 'P' (Permitted) Lot/Land Area: 385 square metres Heritage Listing: No Application Received Date: 12 December 2018 Application Process Days: 160 days

DETAILS:

Site History

In 2017, the Western Australian Planning Commission approved a two lot subdivision to create Nos.16A and 16B Jukes Way from Parent Lot 64 (No.16).

The subdivision was subsequently enacted however, both lots remain vacant.

No development application has been received to date for 16B Jukes Way.

Development description

The subject site is located within the Wembley Precinct. The site is relatively flat (approximately 10.00AHD at the front and an approximate 10.21AHD at the rear of the site).

It is proposed to construct a two-storey dwelling on the property consisting of 2 boundary walls on the western side lot boundary.

The surrounding development consists of a mix of single or two-storey residences, also of lots similar in area and width than the subject property which also contain buildings with boundary walls (refer to attachments 5 and 6).

Community Consultation

The application was advertised for a period of 14 days, from 21 March 2019 to 4 April 2019, in accordance with the requirements of Local Planning Policy 2.3 - Public Notification and Advertising Procedures due to the proposed variations.

In response, 4 objections to the proposal were received (refer to attachment 4 for the schedule of submissions). The following being a summary of the concerns raised:

• Approval of the variations potentially setting a precedent for future developments and having an impact on the streetscape. • The development being an attempt to maximise the size of a building relative to land size at the total expense of others. • The proposed boundary walls being excessive in terms of height and length. • The height of the building being over powering.

Following the conclusion of the advertising period, amended plans were received which addressed the building height and visual privacy variations.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 17 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

With respect to the variations which remain, they are addressed in the following relevant sections of this report.

Consultation with other Agencies or Consultants

There is no statutory requirement for the development application to be referred to any agencies.

Applicant's justification

The applicant has provided written justification for the variations to the deemed-to-comply provisions which is included as attachment 3 to this Report. Assessment against the design principles

The subject application meets all deemed-to-comply requirements of the following:

• State Planning Policy 3.1 - Residential Design Codes (R-Codes) • Local Planning Policy 2.4 - Precinct P4: Wembley • Local Planning Policy 3.1 - Streetscape • Local Planning Policy 3.3 - Building Height

with the exception of those identified in the following tables.

State Planning Policy 3.1 - Residential Design Codes (R-Codes)

5.1.3 Lot boundary setback Deemed-to-comply Proposed Provision Lot Boundary Setback A wall length of 5.5 metres A ground floor living room is and height of 4.3 metres with proposed to be set back 1 no major openings being set metre from the eastern side lot back 1.1 metres from a side boundary. lot boundary. A wall length of 20.1 metres A first floor activity room is and height of 6.1 metres with proposed to be set back 2.2 no major openings being set metres from the eastern side lot back 2.7 metres from a side boundary. lot boundary. A wall length of 20.1 metres A first floor activity room is and height of 6.1 metres with proposed to be set back 2.4 no major openings being set metres from the western side lot back 2.7 metres from a side boundary. lot boundary.

It is considered that the above variations are consistent with the associated design principles on the basis of the following:

• An adequate degree of articulation to side lot boundaries is provided, which assists in minimising building bulk along the elevations. • The variations do not result in any non-compliant overlooking and/or overshadowing.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 18 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

• The sections of the building concerned are between 10 centimetres and 50 centimetres closer from the eastern lot boundary than what is permitted. The lot adjoining the eastern lot boundary is currently vacant and to date no development application has been received showing its proposed layout, therefore at this stage the likely impact the variations may have on these neighbours will be minimal. • The section of the building concerned is 30 centimetres closer from the western lot boundary than what is permitted. This variation is unlikely to be evident when viewed from the adjoining lot considering its scale.

5.2.2 Garage Width Deemed-to-comply Proposed Provision Garages can occupy up to The garage is proposed to be 6 50% of a lot's frontage. For metres wide which equates to the subject property this approximately 62%. equates to being up to 4.75 metres wide.

It is considered that the above variation is consistent with the associated design principles on the basis of the following:

• The variation is as a consequence of the lot being narrow (9.5 metres). • Reducing the width of the garage may mean that vehicles would be parked in tandem resulting in more vehicle movements both on and off the site as one vehicle would have to leave the property to allow for the other vehicle to enter or leave. This may pose a risk to the safety of pedestrians and/or other road users. • There are numerous properties nearby where a covered car space exceeds 50% of the lot frontage (refer to attachment 5) therefore approval of the subject application would not set a precedent which would have a significant impact on the streetscape. • Despite the width of the garage, the main entrance to the dwelling is still clearly visible from the street and the building design means that adequate street surveillance would still be possible.

Local Planning Policy 3.1 - Streetscape (LPP3.1)

Cl3.1.1 Street Setbacks Deemed-to-comply Proposed Provision The proposed first floor is to The first floor is proposed to be be set back 6 metres from the set back 5.6 metres from the street boundary. street boundary.

It is considered that the first floor setback variation is consistent with the associated design principles on the basis of the following:

• The first floor is proposed to be 40 centimetres nearer to the street boundary than what is permitted. Such a variation is unlikely to be apparent when viewed from the street and/or nearby properties. • The average front setback proposed (6.7 metres) is further than what is required under the R-Codes for a property with an R30 coding (being an average of 4 metres) therefore the overall building bulk is unlikely to have a significant impact on the local amenity.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 19 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

• Development exists nearby which is set back less than the first floor on the subject site (refer to attachment 6) which has more of an impact on the streetscape than what the proposed dwelling is likely to. • The variation does not result in any non-compliant overlooking and/or overshadowing amount. • The height of the first floor complies with the applicable requirements.

Cl3.1.3 Garage Deemed-to-comply Proposed Provision Two-thirds of the dwelling The garage is proposed to be being in line with or forward of forward of the dwelling. the garage.

It is considered that the first floor setback variation is consistent with the associated design principles on the basis of the following:

• The garage is proposed to be 1.6 metres forward of the ground floor component of the dwelling. Despite this, the main entrance to the dwelling is still clearly visible from the street and the building design means that adequate street surveillance would still be possible • The average front setback proposed (6.7 metres) is further than what is required under the R-Codes for a property with an R30 coding (being an average of 4 metres) therefore the appearance of the garage is unlikely to dominate the appearance of the development from a streetscape perspective. • Development exists nearby which is further forward than the proposed garage on the subject site (refer to attachment 6) and has more of an impact on the streetscape than what the proposed dwelling is likely to. • The variation does not result in any non-compliant open space, sight lines and/or overshadowing amount.

Local Planning Policy 3.2 - Buildings on the Boundary (LPP3.2)

Buildings on the Boundary Deemed-to-comply Proposed Provision Walls may be built up to a Two boundary walls are boundary behind the front proposed on the western side setback line where the wall lot boundary which do not abut abuts an existing or an existing wall of similar or simultaneously constructed greater dimension. wall of similar or greater dimension.

It is considered that the above variation is consistent with the associated design principles on the basis of the following:

• The boundary walls are proposed in order to make the most productive use of the site, which is 9.5 metres wide, by improving the amount of internal living space available within the dwelling as well as the amount of outdoor open spaces on the site whilst maintaining visual privacy to the abutting properties. • The proposed boundary walls are behind the street setback line and hence will not have any detrimental impact on the existing streetscape.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 20 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

• The boundary walls will not result in any non-compliant overlooking, open space and/or overshadowing amount. • In accordance with the R-Codes, properties with an R30 coding are permitted to have a wall on one side lot boundary for two-thirds the length of the lot boundary. The aggregate length of both boundary walls proposed is 20.38 metres which equates to approximately 50.6% of the lot boundary (less than two-thirds) and therefore would comply with the R-Codes. • Although there are still several single storey dwellings on large lots in the area, the locality has been coded R30 which means that there is an expectation of the local character changing over time with lots being subdivided and containing boundary walls when redeveloped. • Similar sized lots containing boundary walls exist nearby similar in nature and scale compared with the proposed development therefore the local character will not significantly change if the application is approved (refer to attachments 5 and 6). • The aim of LPP 3.2 is to provide opportunities for owners of adjoining properties who might be affected by a boundary wall to provide comment. It is not to seek the neighbour's consent.

In this instance, the neighbour has concerns about the impact of boundary walls, including it being excessive, but as explained above the boundary wall would comply with the deemed-to-comply provisions of the Residential Design Codes and will fit into the local character of the area.

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 21 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.46 LOT 6 (NO. 12) ANTHER LANE, JOLIMONT - TWO STOREY DWELLING AMENDMENT TO DEVELOPMENT APPROVAL

ADMINISTRATION RECOMMENDATION:

That, in accordance with the provisions of Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Committee APPROVES the Amendment of Development Approval 0232DA-2018 submitted by Antonelli Investments Pty Ltd T/as Novus Homes at Lot 6 (No. 12) Anther Lane, Jolimont as shown on the plans dated 14 January 2019, subject to the following additional conditions (which are to be read after conditions 1-6 of the original planning approval, which are to remain) :

Amended Conditions:

1. The approved plans relate to only those modifications clouded in red. Any other modifications shown on those plans (ie. any that are outside the red clouded areas) do not form part of this approval; and

2. All other conditions and requirements detailed on the original 5 December 2018 (Town Ref: 0232DA-2018) approval shall remain unless altered by this approval.

SUMMARY:

The purpose of this report is for Council to consider an amendment to a development approval for a two-storey dwelling at Lot 6 (No. 12) Anther Lane, Jolimont.

Council determination is sought for the proposed building height variation to the deemed-to- comply provisions of the Residential Design Codes and Local Planning Policy 3.3 Building Height.

Notwithstanding, it is considered that the extent of the variation meets the relevant design principles as it is considered that the impact on the established streetscape and adjoining properties proposed by this variation will be negligible.

The Administration recommends that the application be approved subject to conditions.

AUTHORITY / DISCRETION

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 22 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DELEGATION:

In accordance with Cl. 9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reasons:

"1. A submission has been received:

a. during the advertising period of the development application that objects to the application on valid planning grounds; and b. which cannot be addressed by conditions of development approval."

BACKGROUND:

Address/Property Location: Lot 6 (No. 12) Anther Lane, Jolimont Report Date: 26 April 2019 File Reference: 0232DA-2018.01 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Mackenzie Walmsley, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Aerial Plan (1 page) 2. Development application plans (7 pages) 3. Applicant's Justification (1 page) 4. Schedule of submissions (1 Page)

Applicant: Antonelli Investments Pty Ltd T/as Novus Homes Owner: Antonelli Investments Pty LtdT/as Novus Homes Zoning: Residential R50 Precinct: Precinct P4: Wembley Development Description: Two-storey dwelling Development Value: $737 826.00 Existing Land Use: Dwelling (Single) Proposed Use Class: Dwelling (Single) - 'P' (Permitted) Lot/Land Area: 385 square metres Heritage Listing: No Application Received Date: 14 January 2019 Application Process Days: 102 days

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 23 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DETAILS:

Development description

An application was approved by the Town on 5 December 2018 for the construction of a two- storey dwelling (Town Ref: 0232DA-2018). The approved plans featured a 7.0 metre high skillion roof style for the two-storey dwelling with a deemed-to-comply maximum wall/roof height.

The amendment seeks to change the skillion roof to a gabled roof. A maximum wall height of 6.6 metres and peak roof height of 8.2 metres (as measured from natural ground level) is associated with this change. The proposal also seeks changes to the elevation facades by way of major and minor opening alterations (sill height and size) that are not considered to change the lot boundary setback requirements.

The subject site is located within the P4: Wembley Planning Precinct in a block bound by Hortus Way to the north, Pollen Grove to the south and Allison Drive to the east.

The Parkside Walk Southern Precinct consists of a mix of two-storey dwellings while the Parkside Walk Northern, Central and Mabel Talbot Precincts consist of 22-storey multiple dwelling developments. The average gabled roof wall height is 5.62 metres and average flat/ skillion roof height is 6.77 metres. The Parkside Walk Precinct streetscape consists of a mix of two-storey dwellings and with deemed-to-comply flat, skillion and gabled roof building heights.

A comparison table identifying all proposed amendments to the original development approval are summarised in the following table:

Provision Approved Plans Amended/Proposed Plans Overall Maximum Wall Skillion Roof at 7.0 metres Gabled Roof wall height at Height maximum 6.6 metres maximum Overall Maximum Roof Skillion Roof between 6.3 Peak roof height of 8.2 Height metres and 7.0 metres metres maximum Roof Pitch Skillion Roof Trimdeck Gabled Roof custom orb Colorbond roof 5° pitch Colorbond with 18° pitch Elevation 1 (Ground and No feature wall. Feature wall to chimney at Upper Floor) 1.4 metres width at a height of 7.8 metres above natural ground level. Elevation 2 (Upper Floor) No feature wall. Feature wall to chimney at 1.4 metres width at a height of 7.8 metres above natural ground level. Elevation 4 (Ground and 0.55 metre wide chimney 0.8 metre wide feature wall to Upper Floor) above skillion roof chimney at a height of 7.8 metres above natural ground level.

Further to the above, several changes to the major and minor openings for each façade have been identified by the Administration and remain consistent with the planning approval with no further variations to the deemed-to-comply provisions sought.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 24 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The amendment to the development approval proposes the following:

• A maximum wall height at 6.6 metres above natural ground level in lieu of the deemed- to-comply 6.0 metres; and • A deemed-to-comply gabled-roof pitch with a maximum peak roof height at 8.2 metres.

Community Consultation

The application was advertised for a period of 14 days, from 21 March to 5 April 2019, in accordance with the requirements of Local Planning Policy 1.2 Public Notification of Planning Proposals.

One submission was received during the advertising period raising objection to the proposed building height, summarised in the table below. A full schedule of submissions is attached to this agenda.

Type of Comment Comments Objection The proposed developments fall outside of the requirements of the Town's Local Planning Policy. The proposed increased building height will disturb the streetscape and will inhibit sunlight and views to nearby areas.

Applicant's Justification

The applicant has provided written justification for the variations to the deemed-to-comply provisions. A summary of the applicant's justification is attached to this agenda.

Statutory Assessment

The proposed amendment is considered compliant against the planning approval with the exception of the following:

State Planning Policy 3.1 - Residential Design Codes / Local Planning Policy 3.3 - Building Height (LPP3.3)

Deemed-to-comply provision Proposed

Wall Height 6.0 metres 6.6 metres (Those portions of the (Top of external proposed dwelling that exceed the 6.0 wall- roof metre deemed-to-comply wall height above) requirement are shown on the attached Annotated Plans).

The variation is considered to be consistent with the relevant design principles of the R- Codes and LPP3.3 on the basis of the following:

Solar Access:

• All overshadowing as a result of the proposed two-storey dwelling will fall either within the subject site or onto the Pollen Grove road reserve. • The adjoining side (northern) lot, No. 10 Anther Lane, has its main outdoor living area on the northern boundary line, separated from the subject site by an approximate 4.0 metre wide living room, which serves as a 'transition' between the proposed development and outdoor living area of No. 10 Anther Lane.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 25 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Based on the above, it is considered that the two-storey dwelling will not compromise the ability of surrounding lots to access direct sunlight.

Access to Views of Significance:

• There are no prominent natural aspects within the immediate locality which are considered to be points of significance, in terms of maintaining views. • The approved dwellings fronting Anther Lane are largely in a north-south orientation, with habitable rooms typically facing Anther Lane, Allison Drive or into respective outdoor living areas, as opposed to being orientated towards the proposed development.

Based on the above, it is considered that the two-storey dwelling will not compromise the ability of surrounding lots to access views.

Building Height Consistency with Surrounding Area:

• Within the immediate Parkside Walk Southern Precinct context, the overall proposed amended peak roof height is less than the average roof height within the surrounding area, which minimises the extent of building bulk as viewed from the street. • The Parkside Walk Northern, Central and Mabel Talbot Precincts have each recently received planning approvals for high-rise multiple dwelling developments. It is considered that the result of the housing stock and allowance of two-storey dwellings within the locality ensures the building height is relatively consistent with the Parkside Walk Precinct. Accordingly, the proposed amendment generally will not result in an undue adverse effect on the likely future development of the locality. • Given the specific location of the site and the existing and proposed character of the area, a deemed-to-comply traditional pitched roof design (i.e. a 6.0 metre wall height and 9.0 metre ridge height) is considered more imposing on the streetscape in terms of building bulk and perceived scale than the proposed amendment. The overall design is also consistent with the scale of developments approved elsewhere in the Parkside Walk estate.

Based on the above, it is considered that the two-storey extension is consistent with the surrounding area.

Natural Topography of Site:

• The natural topography of the site (and surrounding properties) is relatively flat by way of approved subdivision works. It is considered the proposal will minimise any impacts on surrounding properties by proposing the following: • The development does not propose any additional fill or retaining in association with the proposal. • The western elevation contains several major and minor openings of varying heights and sizes to provide articulation and visual relief.

Based on the above, it is considered that the amendment has considered (and thus responds) to the natural topography of the site by ensuring minimal to no extent of fill, excavation or retaining.

For the above reasons, the variation to the wall height is considered to be consistent with the relevant design principles of the R-Codes and LPP3.3 and is therefore acceptable.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 26 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 27 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.47 LOT 1058 (NO. 195) GREGORY STREET, WEMBLEY - TWO STOREY DWELLING (AMENDMENT TO APPROVAL DA18/0268)

ADMINISTRATION RECOMMENDATION:

That, in accordance with the provisions of Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Committee APPROVES the application to amend approval DA18/0268 for a Two Storey Dwelling submitted by Building Corporation WA Pty Ltd at Lot 1058 (No. 195) Gregory Street, Wembley as shown on the plans dated 29 April 2019, subject to the following conditions:

1. All conditions and advice notes detailed on the previous approval DA18/0268 continue to apply; and

2. The approved amended development application plans relate to only those modifications clouded in red. Any other modifications shown on those plans (i.e. any that are outside the red clouded areas) do not form part of this amended approval.

SUMMARY:

The purpose of this report is for Committee to consider a development application for an amendment to development approval DA18/0268 for a Two Storey Dwelling at Lot 1058 (No. 195) Gregory Street, Wembley.

The subject application does not meet the deemed-to-comply provisions for sightlines. The elements of the proposal that depart from the deemed-to-comply provisions were advertised to the adjoining owners and occupiers. In response, two (2) objections were received.

Following an assessment, the proposed amendment to the development approval is considered to satisfy the relevant design principles and therefore, it is recommended that the application is approved.

AUTHORITY / DISCRETION

 Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes.  Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 28 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DELEGATION:

In accordance with Cl. 9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reason:

"1. A submission has been received:

a. during the advertising period of the development application that objects to the application on valid planning grounds; and b. which cannot be addressed by conditions of development approval."

BACKGROUND:

Address/Property Location: Lot 1058 (No. 195) Gregory Street, Wembley Report Date: 26 March 2019 File Reference: DA19/0017 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Steven Laming, Senior Statutory Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Aerial Plan (1 page) 2. Previous Approval DA18/0268 Determination Notice and Approved Plans (13 pages) 3. Development Application Plans (5 pages)

Applicant: Building Corporation WA Pty Ltd Owner: Grant Johnstone & Lynn Johnstone Zoning: Residential R20 Precinct: P4: Wembley Development Description: Two Storey Dwelling (Amendment to Approval DA18/0268) Development Value: Existing Land Use: Dwelling (single) 'P' Permitted Proposed Use Class: N/A - Works associated with existing dwelling Lot/Land Area: 670 square metres Heritage Listing: No Application Received Date: 21 January 2019 Application Process Days: 120 days

DETAILS:

Development description

Site Context

The subject site is located within the Wembley Planning Precinct, in a street block bounded by Dodd Street to the north, Rason Street to the south and McLeod Lane to the west, as shown in Attachment 1. The site is currently vacant.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 29 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Previous Approval

On 7 January 2019, the Town under delegated authority approved application DA18/0268 for a Two Storey Single House, which has frontage to Gregory Street and vehicular access from the rear right-of-way, being McLeod Lane, to a triple garage. That approval is included as Attachment 2.

The approved plans (Attachment 2) showed the garage was set back 1.514 metres -1.660 metres from the rear right-of-way boundary, which met the deemed-to-comply provisions for sight lines requiring a minimum visual truncation area of 1.5 metres x 1.5 metres adjacent to vehicle access points

Subject Application

The subject application was submitted on 21 January 2019 for an amendment to the previous approval DA18/0268. The current proposal, as shown in Attachment 3, is to reduce the setback of the garage to the rear boundary, from the previously approved setback of 1.514 metres -1.660 metres to 1.064 metres -1.210 metres.

The proposed reduced rear setback results in a variation to the deemed-to-comply provisions for sight lines, as the garage has a 1.5 metres x 1.064 metres truncation area at the northern point of the garage door opening, and a 1.7 metres x 1.210 metres truncation at the southern point of the garage door opening, in lieu of 1.5 metres x 1.5 metres.

Community Consultation

The application was advertised for a period of 16 days, from 25 February 2019 to 13 March 2019, in accordance with the requirements of Local Planning Policy 2.3 - Public Notification and Advertising Procedures due to the proposed variation.

Two (2) submissions in objection of the proposal were received during the advertising period. The concerns raised were in relation to impacts on safety and manoeuvrability as a result of the proposed reduced setback to the garage and resultant reduced visual truncations.

A technical response to the objections is provided as part of the statutory assessment section.

Statutory Assessment

State Planning Policy 3.1 - Residential Design Codes (R-Codes)

5.2.5 Sight Lines Deemed-to-comply Proposed provision

Visual Truncations 1.5 metres x 1.5 metres 1.5 metres x 1.064 metres(northern point of garage door opening)

1.7 metres x 1.210 metres (southern point of garage door opening)

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 30 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Where there is a non-compliance with the above deemed-to-comply provision, the application is required to be considered under design principle P5 of Clause 5.2.5 of the R- Codes. Following advice from the Town's Infrastructure section, an assessment against the applicable design principle is provided below:

• The subject site abuts Mcleod Lane, which is a right-of-way that carries a low volume of daily vehicle traffic. • Mcleod Lane services a total of 38 properties in the street block bound by Gregory Street, Rason Street, Harborne Street and Dodd Street, with approximately half of those properties currently having vehicular access to on-site car parking provided from the right-of-way. • It is estimated that there is a maximum traffic volume of 80 vehicles per day using Mcleod Lane, comprising up to 40 vehicles (two vehicles per property with vehicular access from the right-of-way) leaving from and returning to their respective properties along the right-of-way. • It is likely that traffic volume in the right-of-way that passes the subject site is lower, due to the location of the subject site being central to the street block and a number of vehicles using the right-of-way would not need to pass by the subject site in order to reach Dodd Street to the north, Rason Street to the south or return to their respective properties. • It is noted that Lake Monger Primary School, which is located approximately 150 metres north of the subject site, is a high pedestrian attractor. However, given that Gregory Street and Harborne Street have good quality pedestrian paths, and Mcleod Lane has no dedicated pedestrian footpath, pedestrian volume in the right-of-way is very low. • Whilst the application proposes a reduced rear boundary setback at 1.064 metres - 1.210 metres, the truncations to each side of the garage door opening provide 1.5 metres and 1.7 metres unobstructed sightlines. • The proposed reduced setback to the right-of-way is considered acceptable, given that there is low traffic and pedestrian volume in the right-of-way and the truncations provide adequate unobstructed sightlines.

For these reasons, the proposed variation meets the applicable design principle and is not considered to have a detrimental impact on site, the adjoining properties or the locality.

POLICY/Statutory implications:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 31 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 32 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.48 FEES AND CHARGES 2019-2020 - PLANNING AND DEVELOPMENT DIRECTORATE

ADMINISTRATION RECOMMENDATION:

That Council approves the Planning and Development schedule of fees for 2019 - 2020 as outlined in Attachment 1.

SUMMARY:

To obtain the Council's approval to adopt the fees and charges for the regulatory and administration functions in the Planning and Development Services Directorate for the 2019- 2020 financial year.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.  Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes.  Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Report Date: 1 May 2019 Responsible Officer: Marlaine Lavery Director Planning and Development Reporting Officer: Steve Cleaver, Acting Manager Regulatory Services Contributing Officer Luke Evans, Coordinator Rangers and Emergency Services Reporting Officer Interest: Nil Attachment(s): Schedule of Fees and Charges

BACKGROUND:

Each financial year, the Council must review and approve the fees and charges to be levied. The most appropriate time to set these fees is prior to adopting the annual budget, so that the new fees and charges can be reflected in the budget.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 33 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DETAILS:

This report addresses the fees and charges levied for the administrative and regulatory functions in the Planning and Development Directorate. A copy of proposed Schedule of Fees and charges for the 20198-2020 financial year is attached.

Many of these fees and charges are statutory charges set under other legislation such as Planning and Development Act 2005, Building Act 2011, Public Health Act 2016, Food Act 2008, Dog Act 1976 and Cat Act 2011 (and/or subsidiary regulations). Charges prescribed by State Acts or Regulations cannot be increased by the Council, however, are included in this report and fee schedule, so that an overall perspective of the fees and charges levied can be obtained.

A review of all fees and charges has been undertaken for the following:-

1. Planning Services 2. Building Services 3. Health Services 4. Compliance Services 5. Ranger Services 6. Secured Sums (Works Bonds)

1. Planning Services:

Local Government Planning Charges

Planning fees for development applications and other planning services are set by the Planning and Development Regulations 2009 made under the Planning and Development Act 2005. The Department of Planning reviews these fees and charges annually and increases are made in line with general cost escalation. These fees usually are announced in June each year. The Town has been advised by the Western Australian Planning Commission that the fees will be increased, however the details will not be known until early July 2018. Accordingly, the Council should adopt the fees, as specified by the State Government.

Development Assessment Panel (DAP) Fees

A separate DAP fee is required to be paid under the Planning and Development (Development Assessment Panels) Regulations 2011 (DAP Regulations). The fee schedule for 2019-2020 includes the current DAP fees, which are required to be remitted to the Department of Planning. These fees are usually announced in June each year.

2. Building Services:

Building Regulations 2012

All fees relating to building applications are statutory charges specified in the Building Regulations 2012. The Building Commission have advised of new minimum fees:-

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 34 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 35 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The Construction Training Fund Board has also advised that all records must be lodged with them either electronically or via manual input to their website as of 1 July 2019. As applicants have to option to pay the levy to the construction training fund direct and simply provide the receipt to the Town, this is preferable for the Town so as to reduce administration. It is therefore proposed to cease being a collection agency for the CTF board effective 1 July 2019 and request a receipt of payment from building permit applicants.

Building plan search fees are proposed to increase by $1 to $61.50 and $34.50 to cover the costs of staff travelling to the Town's Depot from the Administration centre to obtain plans. Forward planning for electronic record keeping of building plans is proposed and, if implemented, will reduce costs in this area.

Private Swimming Pools

Swimming pool inspections are properly categorised as a fee for service and are levied only on properties with swimming pools. The budget provides for the Town to levy $66,000 during the year. The annual charge for Swimming Pool Inspections will be $20.00 pa exclusive of GST.

There are currently 3,300 properties to which the service applies.

The 2018/2019 fee is $14.36 pa. A comparison at other major Local Government authorities revealed fees of:

• Shire of Serpentine Jarrahdale - $55 pa • City of Cockburn - $35 pa • City of Stirling - $30 pa

A maximum fee of $58.46 pa is allowed to be charged in accordance with the Building Act 2011.

3. Environmental Health Services

Public Health Act and Regulations:

Many Environmental Health Services fees are statutory (identified by an asterisk) and maximum amounts are prescribed by Public Health Act 2016 and regulations. Accordingly, no increase is recommended for 2019-2020.

Food Act and Regulations:

The fees were last increased in 2015-2016 and are considered appropriate.Accordingly, no increase is recommended for 2019-2020.

Public Swimming Pools:

The fees were last increased in 2015-2016 and are considered appropriate. Accordingly, no increase is recommended for 2019-2020.

Public Buildings:

The fees were last increased in 2015-2016 and are considered appropriate. Accordingly, no increase is recommended for 2019-2020.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 36 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Outdoor Eating Area Facility Permit:

In 2017-2018, the Council abolished the fees and charges for outdoor eating areas, so as to encourage business and reduce 'red-tape'.

The Town has 25 Outdoor Eating Area Permits. Approximately, five (5) changes occur each year.

Liquor Control Act:

The fees were last increased in 2015-2016 and are considered appropriate. Accordingly, no increase is recommended for 2019-2020.

4. Compliance Services

The Council last approved of an increase of the fees for Permits in 2017-2018. Accordingly, no increase is recommended for 2019-2020.

5. Ranger Services

Parking Fees:

The fees were last increased in 2016-2017. Parking fees are proposed to rise with inflation to the nearest 10c per hour as the ticket machines lowest legal tender is a 10c coin. This being $3.50 per hour in the medical precinct, $2.90 per hour in the Southport and Wembley Town centre precincts respectively.

At the November 2018 Ordinary Council meeting, it was resolved the first ½ hour free of charge in parking areas within a 50 metre radius of local centres, excluding the medical precinct, within the Town. This program commenced in March 2019 following required upgrades to the ticket machines. A further report to Council is proposed once a four month review is undertaken of this initiative.

Fines Enforcement Registry and Department of Transport Fees:

Statutory fees levied by the Fines Enforcement Registry (FER) and the Department of Transport (DoT) are normally increased prior to the end of the financial year. The Schedule only lists their current fees. The FER and DoT fees and charges are subject to change, once the relevant State Government Agencies adopt their fees and charges for 2019-2020.

The Council last approved of an increase of the fees for sign permits in 2017-18. These fees are still well below those in adjoining local governments. Accordingly, no increase is recommended for 2019-2020.

6. Secured Sums (Works Bonds)

The secured sum (works bonds), are adopted pursuant to clause 8.1 of the Town of Cambridge Local Government and Public Property Local Law 2017. The works bonds may be used by the Town if an Applicant damages local government property (eg footpath, road surface, verge, street tree etc) during their development/building works and fails to rectify the damage to the Town's satisfaction.

The secured sums and works bonds were increased in 2018/2019.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 37 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

POLICY/STATUTORY IMPLICATIONS:

Sections 6.16 and 6.17 of the Local Government Act 1995 apply. There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

Financial implications relate to some increases in revenue.

STRATEGIC DIRECTION:

The proposed fees are consistent with the Town's Strategic Plan which requires the review of servicing delivery methods by assessing the costs and benefits of service delivery (Economic Management).

COMMUNITY ENGAGEMENT:

This matter has been considered under the Community Consultation Policy and assessed as 'Inform'. Fees and charges are determined and amended by the Council in accordance with the Local Government Act 1995 and the budget will be advertised for public comment prior to adoption. Once adopted, all Fee and Charge Schedules are available to the public and are published on the Town's website.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 38 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.49 LOT 1059 (NO. 8) LOTHIAN STREET, FLOREAT - ADDITIONS AND ALTERATIONS TO SINGLE DWELLING (AMENDMENT TO 0133DA-2028 AND DA18/0301)

ADMINISTRATION RECOMMENDATION:

That, in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1, the Metropolitan Region Scheme and Local Law 43 - Buildings on Endowment Lands & Limekilns Estate, Council APPROVES BY AN ABSOLUTE MAJORITY the application to amend development approvals 0133DA-2018 and DA18/0301 for 'Additions and Alterations to Single Dwelling' submitted by Dale Alcock Home Improvement at Lot 1059 (No. 8) Lothian Street, Floreat as shown on the plans received by the Town of Cambridge on 7 February 2019 and 2 May 2019, subject to the following conditions:

1. All conditions and advice notes detailed in the previous approvals 0133DA-2018 and DA18/0301 continue to apply; and

SUMMARY:

The purpose of this report is for Council to consider a development application to amend development approval 0133DA-2018 for additions and alterations to the existing single dwelling at Lot 1059 (No. 8) Lothian Street, Floreat.

The subject application does not meet the deemed-to-comply building materials requirement, as 'fibre cement cladding' is proposed to be added to all first floor external walls, in lieu of masonry materials.

Notwithstanding, it is considered that the proposal meets the applicable design principles and it is therefore recommended that the application be approved.

AUTHORITY / DISCRETION

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 39 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Review When the Council operates as a review authority on decisions made by Officers for appeal purposes.  Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

DELEGATION:

Clause 2B of Local Law 43 - Buildings on Endowment Lands & Limekilns Estate (Local Law 43) requires Council to determine development applications which do not comply with the requirements of Local Law 43.

Should Council resolve to approve the application, an absolute majority decision is required.

BACKGROUND:

Address/Property Location: Lot 1059 (No. 8) Lothian Street, Floreat Report Date: 2 May 2019 File Reference: DA19/0032 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Steven Laming, Senior Statutory Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Aerial Plans (1 page) 2. Development Application Plans (7 pages) 3. Previous Approval 0133DA-2018 granted 23 May 2018 - Determination Notice and Approved Plans - (10 pages) 4. Previous Amended Approval DA18/0301 granted 16 November 2018 - Determination Notice and Approved Plans - (10 pages)

Applicant: Dale Alcock Home Improvement Owner: Mrs A Mason Zoning: Residential R12.5 Precinct: P3: Floreat Development Description: Additions and Alterations to Single Dwelling Development Value: $400,118 Existing Land Use: Dwelling (Single) - 'P' (Permitted) Proposed Use Class: N/A - Works associated with the existing dwelling Lot/Land Area: 1037 square metres Heritage Listing: No Application Received Date: 7 February 2019 Application Process Days: 103 days

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 40 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DETAILS:

Development description

Site Context

The subject site is located on the north-western corner of Lothian Street and Kirkdale Avenue, on the northern side of Lothian Street, opposite Lothian Park Reserve (as shown on Attachment 1). The site currently contains an existing two-storey single house and the locality consists of single-storey and two-storey single houses.

The site slopes from approximately 20.45AHD in the north-east corner of the site on the Kirkdale Avenue frontage down to approximately 19.35AHD (-1.15 metres) in the south-west corner of the site on the Lothian Street frontage.

Previous Approvals

On 23 May 2018, the Town granted approval for additions and alterations to the existing single dwelling at the subject property (Ref: 0133DA-2108). That approval, included as Attachment 3, included the following elements:

• Partial enclosure of the existing ground floor 'verandah' on the western elevation to increase the ground floor internal floor area; • Minor modifications to the ground floor internal walls and reconfiguration of the ground floor internal floor layout; • Additions to the first floor including additional external walls and floor area for a new 'sitting room' and projecting external walls to increase the floor area to 'Bed 5', 'Bed 6' and 'study'; • Minor modifications to the first floor internal walls and reconfiguration of the first floor internal floor layout; and • Fibre cement cladding to portions of some of the first floor external walls on the north, south, west and east elevations, and render to the remaining first floor external walls.

On 16 November 2018 the Town granted approval (Ref: DA18/0301) for an amendment to the previous approval 133DA-2018. That approval, included as Attachment 4, included the following elements:

• Removal of the existing 'dining' room wall on the west elevation and reinstating a new external wall that is moved out 330mm in order to increase the internal floor area of the ground floor; • Minor internal modifications to the ground floor, including renovation of the existing 'ensuite' and 'WIR' and removal of an internal wall; and • Minor modifications to the first floor including new windows to the 'study' and Bed 6'; and • Additional fibre cement cladding to cover the full area of the external walls previously approved with cladding.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 41 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Subject Application

The subject application, as detailed on the development application plans in Attachment 2, proposes the following amendments to the previous approvals 0133DA-2108 and DA18/0301:

• Fibre cement cladding to cover the total area of all first floor external walls on the north, south, west and east elevations; • Elimination of all previously approved render to the first floor external walls; • Feature trim to all existing and new windows on the first floor and some windows on the ground floor; and • Realignment of the roof over the northern elevation external wall to Bedroom 4.

Community Consultation

The application was advertised for a period of 14 days, from 3 April 2019 to 17 April 2019, in accordance with the requirements of Local Planning Policy 2.3 - Public Notification and Advertising Procedures due to the proposed variations.

No submissions were received during the advertising period.

Statutory Assessment

Local Law 43 - Buildings on Endowment Lands & Limekilns Estate (Local Law 43)

Deemed-to-Comply Proposed Provision Clause 7(b): Two-storey All dwelling-houses shall be External fibre cement cladding extension materials of constructed of brick, stone, to all first floor external walls construction concrete or similar material.

Where a proposal does not meet the above deemed-to-comply provision, an assessment against the following design principles is required:

Clause 2B: i) The development would be consistent with the orderly and proper planning of the locality and preservation of its amenities; and ii) The use to be made of the land and the non-compliance with the prescribed standards or requirement will not have any adverse effect upon the occupiers or users of the development of the property in or the inhabitants of the locality or the likely future development of the locality.

The proposal is considered to be consistent with the above on the basis of the following:

• The fibre cement cladding will provide architectural detail to the first floor on the façade to Lothian Street, Kirkdale Avenue and the surrounding properties. • The previous approvals included fibre cement cladding to some of the external walls on the first floor. The subject application will provide a uniform external appearance to the entire first floor. • There are existing examples of dwellings in the locality that feature facades with cladding materials.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 42 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

• It is understood that modern construction materials and technology that are now available for use have progressed significantly since the Local Law was created. Accordingly, it is considered that any potential concerns that non-masonry materials may result in a poorer standard of construction (versus using masonry materials) are no longer applicable in this case.

For the above reasons, the variation to the construction material requirements is considered to be consistent with the relevant design principles of Local Law 43 and is therefore acceptable.

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 43 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.50 LOT 64 (NO. 7) DILKARA WAY, CITY BEACH - ALTERATIONS AND ADDITIONS TO EXISTING SINGLE HOUSE (INCLUDING TWO-STOREY ADDITION)

ADMINISTRATION RECOMMENDATION:

That, in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1, the Metropolitan Region Scheme and Local Law 43 - Buildings on Endowment Lands & Limekilns Estate, Council APPROVES BY AN ABSOLUTE MAJORITY the application for 'Alterations and Additions to Existing Single House (Including Two-Storey Addition) submitted by Summit Homes Group at Lot 64 (No. 7) Dilkara Way, City Beach as shown on the plans dated 6 May 2019, subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town; and

3. The roof material shall not be zincalume, white of off-white metal sheeting where the roof pitch exceeds five degrees.

Advice Notes:

2. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained;

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws);

5. It is the responsibility of the landowner to obtain any other necessary approvals, permits, licences or consent required under any other legislation, and to commence and carry out the development in accordance with all relevant legislation;

6. The applicant is responsible for ensuring that all lot boundaries as shown on the approved plans are correct;

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 44 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

7. The use of verge areas for temporary storage during building or demolition works on adjoining private property requires a permit in accordance with the Town of Cambridge Local Government and Public Property Local Law 2017 (as amended); and

8. The installation of any external air conditioning units shall be in a location and manger that ensures noise emissions do not exceed the levels prescribed in the Environmental Protection (Noise) Regulations 1997.

SUMMARY:

The purpose of this report is for Council to consider a development application for alterations and additions including a two-storey addition to the existing single house at Lot 64 (No. 7) Dilkara Way, City Beach.

The application does not comply with the minimum 7.5 metres primary street setback deemed-to-comply requirement, as the proposed porch addition is set back 6.4 metres from the front boundary.

Council determination is also sought for the proposed variation to the deemed-to-comply building materials, as the application includes 'Hardies axon cladding' to the external walls in lieu of masonry materials, and the variation to visual privacy deemed-to-comply minimum setbacks, as the proposed new window to the kitchen is set back 3.3 metres from the north boundary in lieu of 6 metres.

Notwithstanding, it is considered that the application meets the design principles of cl39 of TPS1 (for the primary street setback and building materials variations) and State Planning Policy 3.1 - Residential Design Codes (for the visual privacy variation).

Accordingly, it is recommended that the application be approved.

AUTHORITY / DISCRETION

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 45 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DELEGATION:

In accordance with cl9.2.1 of the Town's Delegation Register, Council is required to determine the application as it includes variations to be assessed against cl. 39(3) of Town Planning Scheme No. 1. Clause 2B of Local Law 43 - Buildings on Endowment Lands & Limekilns Estate (Local Law 43) requires Council to determine development applications which do not comply with the requirements of Local Law 43.

Should Council resolve to approve the application, an absolute majority decision is required.

BACKGROUND:

Address/Property Location: Lot 64 (No. 7) Dilkara Way, City Beach Report Date: 6 May 2019 File Reference: DA19/0020 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Steven Laming, Senior Statutory Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Aerial Plan (1 page) 2. Development Application Plans (8 pages)

Applicant: Summit Homes Group Owner: Franca Sala-Tenna & Salem Domiati Zoning: Residential R20 Precinct: P1: City Beach Development Description: Alterations and Additions (Including Two-Storey Addition) Development Value: $367,889 Existing Land Use: Dwelling (Single) Proposed Use Class: N/A - Works associated with existing dwelling Lot/Land Area: 797 square metres Heritage Listing: No Application Received Date: 25 January 2019 Application Process Days: 116 days

DETAILS:

Development description

Lot 64 (No. 7) Dilkara Way, City Beach (the subject site) is located on the western side of the street where Dilkara Way loops to the east, as shown on Attachment 1. The subject site is currently occupied by a single-storey single house. The locality consists of a mix of single- storey and two-storey single houses.

The subject site features an approximate 3.5 metres slope downwards from the eastern boundary at the front (approximately 11 AHD) to the western boundary at the rear of the site (approximately 7.5 AHD).

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 46 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The details of the proposed alterations and additions, as shown on the development applications plans included as Attachment 2, are as follows:

• Deemed-to-comply two-storey addition to the front portion of the existing single house, with a maximum height of 6.59 metres to the top of the skillion roof; • Deemed-to-comply pier addition to the existing front fencing, along the western boundary within the front setback area, with a maximum height of 1.5 metres and a width of 310 millimetres; • Proposed porch addition within the primary street setback at 6.4 metres from the front boundary in lieu of the deemed-to-comply minimum setback of 7.5 metres; • Proposed 'hardies axon cladding' to the first floor external walls in lieu of the deemed- to-comply materials of construction being brick, stone, concrete or similar; • Removal of two existing major opening windows to the ground floor kitchen on the north elevation; and • Proposed new major opening window to the ground floor kitchen on the north elevation, which is setback 3.3 metres in lieu of the deemed-to-comply minimum setback of 6 metres for visual privacy.

Community Consultation

The application was advertised for a period of 14 days, from 20 February 2019 to 9 March 2019, in accordance with Local Planning Policy 2.3 - Public Notification of Planning Proposals.

No submissions were received during the advertising period.

Statutory Assessment

Clause 20 of Town Planning Scheme No. 1 (TPS1)

Clause 20(1)(b) of TPS1 specifies a minimum primary street setback requirement of 7.5m for buildings. The application proposes a primary street setback of 6.4m to the porch.

Deemed-to-Comply Proposed Provision Primary Street Setback Minimum 7.5 metres 6.4 metres

When considering variations to cl20, Council shall have regard to cl39 of TPS1, which relates to non-complying applications. In that regard, Council must be satisfied by absolute majority that, in approving an application for development approval for a non-complying application, the development would be consistent the following objectives: a) If approval were to be granted, the development would be consistent with:-

i) The orderly and proper planning in the locality ii) The conservation of the amenities of the locality; and iii) The statement of intent set out in the relevant Precinct Planning Policy; and b) The non-compliance would not have any undue adverse effect on:-

i) The occupiers or users of the development; ii) The property in, or the inhabitants of, the locality; or iii) The likely future development of the locality.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 47 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The proposal is considered to be consistent with the above on the basis of the following:

• The subject site slopes down approximately 3.5 metres from the front boundary (approximately 11 AHD) to the rear boundary (approximately 7.5 AHD). • The existing dwelling is setback 7.5 metres from the front boundary and has a ground floor finished floor level of 10 AHD, which is approximately 1.5 metres below the street level of approximately 11.5 AHD. • There is an existing 1.5 metres high solid wall to the front boundary. • Due to the slope of the site, the existing dwelling being setback 7.5 metres from the front boundary and having a ground floor finished floor level being 1.5 metres below the street level, and there being an existing 1.5 metres high solid wall to the front boundary, the front façade of the ground floor of the existing dwelling is not visible from the street. • For the reasons above, the proposed reduced street setback to the porch will have no impact on the Dilkara Way streetscape. • Due to the slope in the site and there being existing 1.8 metres high dividing fencing to the north and south boundaries, the proposed porch will not be visible from the adjoining northern and southern properties. • For all reasons above, the proposed reduced street setback will not have any undue adverse effect on the inhabitants of the locality or the likely future development of the locality.

The non-complying application is therefore supported for the reasons expressed above.

Local Law 43 - Buildings on Endowment Lands & Limekilns Estate (Local Law 43)

Deemed-to-Comply Proposed Provision Clause 7(b): Two-storey All dwelling-houses shall be 'Hardies axon cladding' to all extension materials of constructed of brick, stone, first floor external walls. construction concrete or similar material.

Where a proposal does not meet the above deemed-to-comply provision, an assessment against the following design principles of Local Law 43 is required:

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 48 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The proposal is considered to be consistent with the above on the basis of the following:

• The 'Hardies axon cladding' will provide architectural detail to the first floor on the façade to Dilkara Way and the surrounding properties. • There are existing examples of dwellings in the locality that feature facades with cladding materials. • It is understood that modern construction materials and technology that are now available for use have progressed significantly since the Local Law was created. Accordingly, it is considered that any potential concerns that non-masonry materials may result in a poorer standard of construction (versus using masonry materials) are no longer applicable in this case.

For the above reasons, the variation to the construction material requirements is considered to be consistent with the relevant design principles of Local Law 43 and is therefore acceptable.

State Planning Policy 3.1 - Residential Design Codes

Deemed-to-Comply Proposed Provision Clause 5.4.1 Visual Privacy Major openings to habitable New major opening window to rooms other than bedrooms the existing ground floor and studies set back kitchen on the north elevation minimum 6 metres from lot set back 3.3 metres from the boundaries within the cone north boundary. of vision.

Where a proposal does not meet the above deemed-to-comply provision, an assessment against design principles P1.1 and P1.2 of Clause 5.4.1 of the R-Codes is required.

The proposal is considered to be consistent with the applicable design principles on the basis of the following:

• The application includes the removal of two existing major opening windows to the ground floor kitchen on the north elevation. The existing major opening windows are not screened in accordance with the R-Codes. • The proposed new major opening window will replace the two existing windows in approximately the same location. • The new window will overlook a blank wall and small windows to a bathroom and laundry, which are not defined as 'habitable rooms' in the R-Codes, on the adjoining northern property. • Given that the proposed window is replacing two existing windows, and any overlooking will be to a blank wall and windows to non-habitable rooms, there will not be any new or adverse impact on the adjoining northern property. • Further to the above, the application included plans that were supported and signed by the owner of the adjoining northern property and during the community consultation period the Town did not receive any submissions.

For the above reasons, the variation to the visual privacy requirements is considered to be consistent with the relevant design principles of the R-Codes and is therefore acceptable.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 49 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 50 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.51 LOT 1612 (NO.9) CALLAN ROAD, FLOREAT - PROPOSED ANCILLARY DWELLING AND ADDITIONS TO EXISTING SINGLE DWELLING

ADMINISTRATION RECOMMENDATION:

That, in accordance with the provisions of Town of Cambridge Town Planning Scheme No. 1, the Metropolitan Region Scheme and Local Law 43 - Buildings On Endowment Lands & Limekilns Estate, Council APPROVES BY ABSOLUTE MAJORITY the application for an ancillary dwelling and additions to the existing single dwelling submitted by Germano Designs at Lot 1612 (No.9) Callan Road, Floreat as shown on the amended plans dated 16 April 2019, subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;

2. This development approval only pertains to the proposed ancillary dwelling and addition to the storeroom;

3. The existing single dwelling nor the proposed ancillary dwelling shall be used as short term accommodation without further development approval being obtained from the Town;

4. The proposed boundary wall shall be finished to a professional standard prior to the practicable completion of the development, and be maintained thereafter, to the Town's satisfaction;

5. All structures (and associated footings) shall be contained within the lot boundaries of the subject site; and

6. The roof material shall not be zincalume, white of off-white metal sheeting where the roof pitch exceeds five degrees.

Advice Notes:

2. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained;

3. If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination;

4. The applicant is responsible for ensuring that all lot boundaries as shown on the approved plans are correct;

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 51 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

5. The applicant is advised that having referred the development application to the Water Corporation it was advised that there is a 150mm AC sewer main running parallel along the rear boundary. The minimum distance a building can be to the centre of this sewer main is 0.6 metres with piling and 2.5 metres without piling. The applicant is to liaise with the Water Corporation prior to submitting a building permit application to the Town; and

6. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws).

It is the responsibility of the landowner to obtain any other necessary approvals, permits, licences or consent required under any other legislation, and to commence and carry out the development in accordance with all relevant legislation.

SUMMARY:

The purpose of this report is for Council to consider a development application for an ancillary dwelling and additions to the existing single dwelling at Lot 1612 (No.9) Callan Road, Floreat.

Plans originally received for the subject application did not meet the deemed-to-comply provisions for lot boundary setbacks and buildings on the boundary. The ancillary dwelling was proposed to have a nil setback from the northern side lot boundary and a reduced rear setback.

Those variations were advertised to the surrounding owners and occupiers. In response, 4 objections were received.

Subsequently, amended plans were received which addressed the side lot boundary setback variation for the ancillary dwelling, however, the other variations remained.

The amended plans were advertised to the surrounding owners and occupiers. In response, 2 objections were received.

The location and the size of the proposed development means that it is unlikely to have a significant impact on the local amenity therefore it is deemed to satisfy the design principles, therefore Administration recommends that the application should be approved subject to appropriate conditions.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 52 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

AUTHORITY / DISCRETION

DELEGATION

In accordance with clause 9.1.2 of the Town's Delegation Register Council is required to determine the application for the following reasons:

"1. The granting of development approval where a submission has been received:

a) during the advertising period of the development application that objects to the application on valid planning grounds; and b) which cannot be addressed by conditions of development approval."

Should Council resolve to approve the application, an absolute majority decision is required. BACKGROUND:

Address/Property Location: Lot 1612 (No 9) Callan Road, Floreat Report Date: 26 April 2019 File Reference: DA18/0340 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Andrew Bratley, Senior Statutory Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Location Plan (1 page) 2. Site Photos (2 pages) 3. Site plan and plans for proposed ancillary dwelling (3 pages) 4. Plans showing existing and proposed layout for single dwelling (6 pages) 5. Schedule of submissions (3 Pages)

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 53 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Applicant: Germano Designs Owner: Mr SP Hayes & Ms KJ Cotton Zoning: Residential R12.5 Precinct: P3: Floreat Development Description: Ancillary dwelling and additions to existing single dwelling Development Value: $150,000 Existing Land Use: Dwelling (Single) Proposed Use Class: Dwelling (Single) - 'P' (Permitted) Lot/Land Area: 875 square metres Heritage Listing: No Application Received Date: 8 November 2018 Application Process Days: 194 days DETAILS:

Development description

The subject site is located within the Floreat Precinct. The site is relatively flat (approximately 24AHD on the northern side lot boundary and an approximate 25 AHD on the southern side lot boundary).

Details of the development application are as follows:

• A single storey ancillary dwelling is proposed to be constructed at the rear of the property. • The ancillary dwelling is proposed to have a plot ratio area of 53 square metres and contain a bedroom, an ensuite/laundry and a living room/kitchen area. • An existing storeroom adjacent to the northern side lot boundary is proposed to be extended by approximately 8.2 square metres, resulting in an existing boundary wall being extended by 2.3 metres. • The existing carport, driveway and crossover are to remain unchanged. • Alterations are proposed to be made to the existing upper storey of the single dwelling however as they satisfy the deemed-to-comply provisions of the Residential Design Codes (R-Codes) do not require development approval. • Portions of the proposed ancillary dwelling are to have cladding on its external facades.

Community Consultation

The plans originally received as part of the application were advertised for a period of 14 days, from 5 February 2019 to 19 February 2019, in accordance with the requirements of Local Planning Policy 2.3 - Public Notification and Advertising Procedures due to the proposed variations.

In response, 4 objections to the proposal were received (refer to attachment 5 for the schedule of submissions). The following being a summary of the concerns raised:

• The visual impact of the ancillary dwelling due to the reduced rear setback. • The size and location of the windows potentially resulting in overlooking being possible onto adjoining properties. • The building potentially being used as short term accommodation (an Air B n B) in future. • The ancillary dwelling having a nil setback on the northern side lot boundary. • The proposed boundary wall for the storeroom addition potentially extending beyond an existing parapet wall on the adjoining property.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 54 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

In response to some of the concerns received the following should be noted:

• The finished floor level of the proposed ancillary dwelling is no greater than 0.5 metres above natural ground level and therefore all the windows satisfy the deemed-to-comply provisions of the R-Codes. • The boundary wall proposed on the northern side lot boundary for the storeroom is to be 8 metres in length. A garage with a nil setback on the adjoining property (11 Callan Road) is approximately 9.5 metres and will directly abut the proposed addition. It therefore satisfies the deemed-to-comply provisions for buildings on the boundary. • Neither the single dwelling nor the ancillary dwelling is currently proposed to be used as short term accommodation. If the application is approved, it is recommended that a condition be included relating to their use.

Following the conclusion of the advertising period, amended plans were received which moved the ancillary dwelling from having a nil setback from the northern side lot boundary to a 1.1 metre setback. The western (rear) lot boundary setback variation was still proposed.

The amended plans were advertised for a period of 21 days, from 5 April 2019 to 26 April 2019, in accordance with the requirements of Local Planning Policy 2.3 - Public Notification and Advertising Procedures. Two objections were received (refer to attachment 5 for the schedule of submissions). The following being a summary of the concerns raised:

• The proposal not complying with the planning requirements. • The reduced setbacks potentially impacting neighbour's privacy. • The reduced setbacks potentially disrupting the prevailing wind.

With respect to the variation which remains, it is addressed in the following relevant sections of this report.

Assessment against the design principles

The subject application meets all deemed-to-comply requirements of the following:

• State Planning Policy 3.1 - Residential Design Codes • Local Planning Policy 2.3 - Precinct P3: Floreat • Local Planning Policy 3.1 - Streetscape • Local Planning Policy 3.2 - Buildings on the Boundary • Local Planning Policy 3.3 - Building Height with the exception of those identified in the following table.

State Planning Policy 3.1 - Residential Design Codes (R-Codes)

5.1.3 Lot boundary setback Deemed-to-comply Proposed Provision An ancillary dwelling on a The ancillary dwelling is property coded R12.5 being proposed to be set back 2.23 set back at least 6 metres metres from the western (rear) from the rear lot boundary. lot boundary.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 55 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

It is considered that the above variations are consistent with the associated design principles on the basis of the following:

• The ancillary dwelling is proposed to have an total floor area of 59 square metres and a roof height of 3.7 metres. By way of comparison, under the R-Codes an outbuilding is permitted to have a floor area of 60 square metres a roof height of 4.2 metres, and be set back as close as 1 metre from a rear lot boundary. • The visual impact of the building will be partially screened by solid dividing fencing of approximately 2.5 metres in height when measured from the ground level on the subject property. • The variation will not result in any non-compliant overlooking, open space and/or overshadowing amount. • Nearby properties contain patios and dwellings which are less than 6 metres from the rear lot boundary therefore the proposal is consistent with the local development context.

5.5.1 Ancillary Dwellings Deemed-to-comply Proposed Provision Ancillary dwelling associated The ancillary dwelling complies with a single house and on with all R-Code requirements the same lot where: except for being proposed to be setback 2.23 metres from the a) The lot is not less than western (rear) lot boundary. 450 square metres; b) There is a maximum plot ratio area of 70 square metres; c) At least 1 car space is provided on site; d) Complies with all other Residential Design Code provisions except for site area, street surveillance and outdoor living area.

It is considered that the above variations are consistent with the associated design principles on the basis of the following:

• For the reasons stated on the previous page of this report the proposal is deemed to satisfy the design principles related to lot boundary setbacks. • The ancillary dwelling is incidental (associated) with an existing single dwelling. During the advertising period, concerns were raised that the building may be used as short term accommodation, however there is currently no evidence to suggest that it will be used for such purposes. If approved by Council, it is recommended that an appropriate condition is included regarding its use.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 56 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Local Law 43 - Buildings On Endowment Lands & Limekilns Estate (Local Law 43)

Local Law Provision Proposed Clause 7(b): All other dwelling-houses [ie. non Portions of the eastern and Materials of single-storey dwellings] shall be southern facades of the ancillary construction constructed of brick, stone, dwelling are proposed to have concrete or similar material. weatherboard cladding affixed to them.

Where a proposal does not meet the above provision, an assessment against the following is required:

"Clause 2B:

i) The development would be consistent with the orderly and proper planning of the locality and preservation of its amenities; and ii) The use to be made of the land and the non-compliance with the prescribed standards or requirement will not have any adverse effect upon the occupiers or users of the development of the property in or the inhabitants of the locality or the likely future development of the locality."

The proposal is considered to be consistent with the above on the basis of the following:

• The cladding will not have an adverse effect on the adjoining properties due to its location on the building in relation to the nearest lot boundaries, the scale of the development, the existence of solid dividing fencing partially screening the cladding, and that the building being at the rear of the property. • It is understood that modern construction materials and technology that are now available for use have progressed significantly since the Local Law was created. Accordingly, it is considered that any potential concerns that the non-masonry cladding material may result in a poorer standard of construction (versus using masonry materials) are no longer applicable in this case.

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 57 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 58 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.52 LOT 10 (NO. 15) GAYTON ROAD, CITY BEACH - TWO-STOREY DWELLING

ADMINISTRATION RECOMMENDATION:

That, in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Council APPROVES BY ABSOLUTE MAJORITY the application for a 'Two-storey Dwelling' submitted by Aveling Homes Pty Ltd at Lot 10 (No. 15) Gayton Road, City Beach as shown on the plans dated 20 February 2019 and 26 March 2019, subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. The development shall be connected to the Water Corporation’s reticulated sewer, where available, prior to occupation of any part of the development;

3. All structures (and associated footings) shall be contained within the lot boundaries of the subject site;

4. The existing footpath shall be retained across the proposed crossover; and

5. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town.

Advice Notes:

2. Where an approval has so lapsed, no development shall be carried out without further approval of the Town of Cambridge having first been sought and obtained;

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws).

5. The applicant shall be responsible for ensuring that all lot boundaries as shown on the approved plans are correct;

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 59 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

6. The landowner is advised that a Building Permit application shall be submitted to, and approved by the Town prior to any construction or site works commencing on the subject site in accordance with the Building Act 2011 and Building Regulations 2012;

7. The installation of any external air conditioning units or pool/spa equipment (where applicable) shall be in a location and manner that ensures noise emissions do not exceed the levels prescribed in the Environmental Protection (Noise) Regulations 1997;

8. The landowner is advised that dividing fencing between properties is a civil matter between abutting landowners in accordance with the Dividing Fences Act 1961;

9. The landowner is advised that a "Vehicle Crossover Application Form" shall be submitted to, and approved by the Town prior to the commencement of any site works/development;

All crossovers shall be constructed in accordance with the Town's Policy No.5.2.7 - Standard Vehicle Crossover (as amended);

10. The use of verge areas for temporary storage during building or demolition works on adjoining private property requires a permit in accordance with the Town of Cambridge Local Government and Public Property Local Law 2017 (as amended) ; and

11. The landowner is advised that connection to reticulated sewer requires prior approval from the Water Corporation.

SUMMARY:

The purpose of this report is for Council to consider a development application for a two- storey dwelling at Lot 10 (No. 15) Gayton Road, City Beach.

The application proposes a variation to the deemed-to-comply requirements of clause 20(1)(a) of Town of Cambridge Town Planning Scheme No. 1 (the Scheme), as well as clause 5.1.3 Lot Boundary Setbacks of the R-Codes.

Notwithstanding, it is considered that the extent of the variations will have minimal impact and that the application meets the relevant design principles as it is considered that the impact on the established streetscape and adjoining properties proposed by these variations will be negligible.

Accordingly, it is recommended that the application be approved, subject to appropriate conditions.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 60 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

AUTHORITY / DISCRETION

DELEGATION:

In accordance with Cl. 9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reason:

• "The determination of a development application where a variation is to be assessed against cl. 39(3) of Town Planning Scheme No. 1."

BACKGROUND:

Address/Property Location: Lot 10 (No. 15) Gayton Road, City Beach Report Date: 30 April 2019 File Reference: DA18/0368 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Development Assessment Contributing Officer: Chris Della Bona, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Aerial Plan (1 page) 2. Development application plans (5 pages) 3. Applicant's Justification (7 pages)

Applicant: Aveling Homes Pty Ltd Owner: Mr GR Carruthers Zoning: Residential R12.5 Precinct: P1: City Beach Development Description: Two-storey Single Dwelling Development Value: $565,031 Existing Land Use: Single-storey Single Dwelling Proposed Use Class: Dwelling (Single) - 'P' (Permitted) Lot/Land Area: 933 square metres Heritage Listing: Not listed Application Received Date: 3 December 2018 Application Process Days: 176 days

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 61 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DETAILS:

Development description

A development application for the subject site was submitted on 8 December 2018. The applicant subsequently provided amended plans to the Town on 11 January 2019, 20 February 2019 and 26 March 2019. These revisions addressed a number of variations identified in the original application, including site works and retaining, visual privacy, building height, and reducing the portion of dwelling within the primary street setback area.

The subject site is located within the City Beach Planning Precinct, in a block bound by Gayton Road to the north, Pandora Drive to the east, The Boulevard to the south and Landra Gardens to the west. The site currently comprises a single-storey brick and tile single dwelling. The Gayton Road streetscape consists predominately of single and two-storey brick and tile single dwellings.

The development application proposes the following:

• A five bedroom, three bathroom, two-storey dwelling; • A single storey portico set back 6.55 metres from the primary street (Gayton Road), in lieu of the deemed-to-comply requirement of 7.5 metres; • A single storey living room wall set back 4.79 metres from the southern (rear) lot boundary, in lieu of the deemed-to-comply requirement of 6 metres.

Community Consultation

The application was advertised for a period of 14 days, from 2 April 2019 to 17 April 2019 and with amended plans being re-advertised for a period of 14 days, from 2 April 2019 to 17 April 2019, in accordance with Local Planning Policy 1.2 - Public Notification of Planning Proposals.

No submissions were received during these advertising periods.

Applicant's justification

The applicant has provided written justification for the variations to the deemed-to-comply provisions. A summary of the applicant's justification is attached to this agenda.

Statutory Assessment

Town Planning Scheme No.1 - Special Application of Residential Design Codes

Clause 20(1)(a) of TPS1 specifies a minimum primary street setback requirement of 7.5 metres for buildings. The application proposes a primary street setback of 6.55 metres to the portico, and excavation greater than 0.5 metres within 3 metres of the street boundary.

Clause 20(1)(a) - Street Setbacks Deemed-to-comply Provision Proposed Primary street setback Minimum 7.5 metres 6.55 metres (Gayton Road) Excavation within 3 metres of Less than 0.5 metres Greater than 0.5 metres the street boundary

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 62 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

When considering variations to clause 20, Council shall have regard to clause 39 of TPS1, which relates to non-complying applications. In that regard, Council must be satisfied by absolute majority that, in approving an application for development approval for a non- complying application, the development would be consistent the following objectives:

a) If approval were to be granted, the development would be consistent with:-

i) The orderly and proper planning in the locality ii) The conservation of the amenities of the locality; and iii) The statement of intent set out in the relevant Precinct Planning Policy; and

b) The non-compliance would not have any undue adverse effect on:-

i) The occupiers or users of the development; ii) The property in, or the inhabitants of, the locality; or iii) The likely future development of the locality.

The proposal is considered to be consistent with the above on the basis of the following:

• The proposed development in the street setback area is a single storey, unenclosed portico consisting of 0.5 metres x 0.5 metres piers, resulting in an open structure which is considered to have minimal bulk impact on the streetscape. The other proposed variation is excavation greater than 0.5 metres within 3 metres of the street boundary, this variation is a result of up to 1.0 metre of banking from the street level. This excavation of the proposal reduces the overall height of the dwelling in relation to the street and, as such, is considered to reduce the overall bulk impact on of the entire proposed dwelling. As such, there is considered to be minimal bulk impact on the streetscape due to these proposed variations. • The total area of the portico incursion into the primary street setback area is 3.3 square metres. Other incursions in the street primary street setback area within the Gayton Road streetscape are similar or greater in area for almost half of the dwellings that use Gayton Road as a primary street. As such, the proposed portico would not be inconsistent other dwellings in streetscape, which have much greater areas of building located within the primary street setback area. • The proposed banking and excavation allows for the remainder of the site to flat, reducing bulk and visual privacy impacts of the dwelling on surrounding properties. Due to the sloping nature of the area, there is some amount of retaining and excavation for existing dwellings within the street and, as such, the proposal is not considered to be uncharacteristic for the street or the locality. • The portico and excavation are incidental development to a single residential dwelling and the height of the portico is consistent with existing surrounding developments. • The proposed portico has also been designed to integrate with the dwelling by virtue of it being constructed of brick piers and a tiled roof, which are materials used in the remainder of the proposed dwelling. Furthermore, the portico provides articulation to the frontage of the dwelling, which is considered to reduce the overall bulk of the entire dwelling.

For these reasons, the proposed variation meets the objectives, and is not considered to have a detrimental impact on site, the adjoining properties or the locality.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 63 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

State Planning Policy 3.1 - Residential Design Codes

The subject application meets all deemed-to-comply requirements of the R-Codes with the exception of the below.

5.1.3 - Lot Boundary Setbacks Deemed-to-comply Proposed provision

Ground Floor - South (Rear) Minimum 6 metres 4.79 metres Living Room

Where there is a non-compliance with the deemed-to-comply provisions, the application is required to be considered under design principle 5.1.3 P3.1 of the R-Codes. An assessment against the design principles is provided below:

• The proposed lot boundary setback variation is to a single storey 7.6 square metres portion of wall within a 134 square metres rear lot boundary setback area. As such, there is considerable open space located at the rear of the dwelling, and the incursion is further compensated for by the setback of the remainder of the dwelling from the rear lot boundary which exceeds 6 metres. Overall, it is considered that the bulk impact on the adjoining properties is minimal. • The application does not result in any additional overshadowing due to the existing rear fence resulting in a greater overshadowing impact than the proposed dwelling. Furthermore, the proposed amount of overshadowing (2%) meets the deemed-to- comply requirements, and as such is considered to result in minimal overshadowing to the adjoining property. • The proposed living room wall is set back 4.79 metres from the southern lot boundary, and 15 metres from the southern dwelling. As such, there is considered to be a sufficient degree of separation to allow for ventilation. • The application meets the deemed-to-comply requirements for visual privacy, as such the proposed variation is not considered to have a detrimental impact on adjoining properties' privacy.

For these reasons, the proposed variation meets the design principles, and is not considered to have a detrimental impact on site, the adjoining properties or the locality.

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 64 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 65 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.53 DRAFT LOCAL PLANNING POLICY 1.7: AMENDING THE LOCAL GOVERNMENT INVENTORY, HERITAGE LIST AND HERITAGE AREAS - ADOPT FOR ADVERTISING

ADMINISTRATION RECOMMENDATION:

That Council in accordance with Schedule 2, Part 2, Clause 4 of the Planning and Development (Local Planning Schemes) Regulations 2015:

1. ADOPTS draft Local Planning Policy 1.7: Amending the Local Government Inventory, Heritage List and Heritage Areas, as shown in Attachment 1, for the purpose of public advertising;

2. ADVERTISES draft Local Planning Policy 1.7: Amending the Local Government Inventory, Heritage List and Heritage Areas for public comment for a period of not less than twenty one days; and

3. SUBMITS a further report detailing the outcomes of advertising for consideration, following completion of the public advertising period.

SUMMARY:

Draft Local Planning Policy 1.7 sets out the processes for entering, amending and removing places on the Local Government Inventory, the Heritage List and Heritage Areas. This report presents the draft Policy for consideration to adopt for the purposes of public advertising.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.  Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 66 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Address/Property Location: N/A Report Date: 29 April 2019 File Reference: N/A Responsible Officer: Marlaine Lavery, Directory Planning and Development Reporting Officer: Christie Downie, Acting Manager Strategic Planning Contributing Officer: Kimberley Macphail, Senior Strategic Planning Officer Reporting Officer Interest: Nil Attachments: 1. Draft Local Planning Policy 1.7: Amending the Local Government Inventory, Heritage List and Heritage Areas

BACKGROUND:

The Town is required to identify places of cultural heritage significance in the Local Government Inventory (LGI) and the Heritage List. In November 2018, Council adopted an updated Local Government Inventory of Heritage Places and its first Heritage List in accordance with Schedule 2, Part 3 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Deemed Provisions) (refer Item DV18.170).

The Town's LGI was prepared in accordance with section 45 of the Heritage of Western Australia Act 1990. The 1990 Act requires local governments to update their LGIs annually and review every four years after compilation. This requirement is supplemented by State Planning Policy 3.5: Historic Heritage Conservation (SPP3.5) provision that “Local governments should identify places of local significance through the compilation and review of local government inventories, in accordance with assessment criteria and other relevant guidelines published by the Heritage Council”. It is noted that SPP3.5 is currently under review by the State Government.

A new Heritage Act 2018 has been passed by Parliament and will replace the 1990 Act once it is proclaimed. Local Government Inventories are termed Local Heritage Surveys (LHS) under Part 8 of the new Act. The new requirements aim to clear up ambiguities of the current Act regarding the scope, purpose, and maintenance of these inventories. In particular, the Heritage Council will be required to issue Guidelines covering:

• criteria for the inclusion of places in the survey; • assessment processes; • processes for consultation with interested parties and with the public; • processes for reviewing and updating the survey, and the frequency of reviews; • processes and mechanisms for making surveys available to the public; and • any other matter the Heritage Council considers appropriate.

Local governments are required to have ‘due regard’ to these Guidelines when preparing or reviewing a LHS. Draft Guidelines were recently released for public comment and the Town provided a submission in April 2019 (Item DV19.41). It is intended that the draft Guidelines will replace the Heritage Council of Western Australia’s publications: ‘Basic Principles for Local Government Inventories’ and ‘Criteria for the Assessment of Local Heritage Places and Areas’.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 67 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Local Planning Policy 1.7 has been drafted with the upcoming changes in mind but it is consistent with the current statutory requirements. The decision to align with the current requirements has been made as the outcomes on the SPP3.5 review and the commencement of the new Heritage Act have yet to be been formally confirmed, and the draft guidelines may still be subject to substantial revision. The Policy can be amended once the new Act and Guidelines are implemented. Amendments to bring local planning policies in line with new legislation are likely to be considered 'minor' and will not require further public consultation.

DETAILS:

The draft Policy has been developed to assist the Town in meeting its responsibilities relating to the amendment of review of the LGI, Heritage List and Heritage Areas.

The draft Policy proposes that Council consideration of the inclusion, removal or amendment of places in the LGI and Heritage List is undertaken on a periodic assessment approach.

Types of Update or Review

• Minor updates such as changes to address details or to correct administrative errors will be undertaken annually.

• Proposed changes that impact the heritage assessment or the level of significance category will be reviewed every second year. This biennial review process will be request driven and will only address existing places on the LGI or Heritage List. Nominations for new places will be assessed ad hoc or at the next major review.

• Major reviews will involve a comprehensive review of the LGI including the Thematic History, as well as seeking new nominations from the public. Although the new Heritage Act and Guidelines provide for a more dynamic approach to a major review (every 5-8 years), the draft Policy is consistent with the current statutory requirement for review every four years following compilation of a LGI.

• The Policy also makes provision for the Council to assess new and existing places, outside the structured review periods if the matter is considered a priority. For example where non-listed place potentially high significant is identified or where new information comes to hand.

Nominations and Requests

It is proposed that anyone can nominate a place for inclusion, amendment or removal from the Local Government Inventory and/or Heritage List. A form to be used in included as an appendix to the draft Policy.

Consultation

The draft Guidelines do not propose consultation requirements for local heritage assessment and instead encourage local governments to consult in accordance with its relevant advertising procedures and policies.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 68 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The provisions relating to consultation outline how the Town will consult with stakeholders during reviews. Owners and occupiers will have opportunity to participate in the assessment process and comment on the proposed recommendations in line with the requirements for heritage listing under the Deemed Provisions. It is highlighted that the assessment and the decision whether to include or exclude a place from the LGI or Heritage List should not be based on the owner supports or objection to the proposal.

Assessment and Criteria for Inclusion

The draft Policy sets out clear guidance as to how places will be assessed and the criteria for including or removing places on the LGIA and Heritage List.

While the draft Guidelines recommend assessing local heritage against section 38 of the new Heritage Act and the Burra Charter, this is expected to be revised because the factors under section 38 specifically relate to the State Register and the importance of a place to Western Australia's heritage. It is proposed that the Policy refer to the Heritage Council's Criteria for Assessment of Local Heritage Places and Areas so that assessments can be consistent and comparable with how places were assessed in the preparation of the Town's LGI and Heritage List. As noted earlier in this report, the Policy can be reviewed when the new Heritage Act and Guidelines come into operation. The Thematic History is also referenced as a useful tool for calibrating what heritage is and for reducing the influence of subjectivity in identifying what is important to a local area.

Decision Making

The Council will make the final decision whether a place is included or removed from the LGI and/or Heritage List in accordance with the Deemed Provisions and the Heritage Act objectives and requirements.

POLICY/STATUTORY IMPLICATIONS:

The requirements for preparing a local planning policy are outlined in Schedule 2, Part 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Pursuant to section 45(2) of the Heritage of Western Australia Act 1990, the Local Government Inventory (LGI) shall be updated annually, and reviewed every four years after compilation.

The Town may add, modify or remove an entry on the Heritage List, or a Heritage Area in accordance with Schedule 2, Part 3 of the Planning and Development (Local Planning Schemes) Regulations 2015.

FINANCIAL IMPLICATIONS:

There are no direct Financial Implications related to the recommendations of this report. It is proposed in the draft Policy that the Town will engage a heritage professional to undertake reviews and assessments for the biennial review of the LGI and Heritage List. Funding for these reviews will need to be allocated in the Town's future Annual Budgets.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 69 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018-2028:

Our Neighbourhoods

Goal 4: Neighbourhoods where individual character and quality is respected, and planning is responsive to residents Strategy 4.1: Examine and better identify through planning and consultation those features and qualities which define our individual neighbourhoods.

Our Council

Goal 9 Transparent, accountable governance Strategy 9.1 Implement initiatives that strengthen governance skills, transparency and knowledge.

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. Subject to Council’s decision, the draft Policy will be advertised in accordance with the statutory requirements under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. It is also noted that the proposal consultation proposed within the draft Policy is consistent with the Town’s community engagement framework.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 70 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.54 SUBMISSION ON TOURISM WESTERN AUSTRALIA'S COASTAL BOARDWALK CONCEPT

ADMINISTRATION RECOMMENDATION:

That Council:

1. In principle, SUPPORTS the proposed coastal boardwalk concept; and

2. ENDORSES this report as a response to Tourism Western Australia.

SUMMARY:

Tourism Western Australia is currently seeking feedback from relevant local governments on a concept to construct a continuous coastal boardwalk running from Fremantle to Scarborough Beach. The concept proposes to extend the existing Mum-Boy-Yet Jinnung Boardwalk that connects City Beach and Floreat Beach. The feedback provided will be used to ascertain the level of interest from affected Local Governments, identify possible facilitators and barriers, and to gather any additional preliminary information related to the concept.

It is recommended that Council endorse a response to be made to Tourism Western Australia on the coastal boardwalk concept, as detailed in this report.

AUTHORITY / DISCRETION

 Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 1 May 2019 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Christie Downie, A/Manager Strategic Planning Contributing Officer: Chris Della Bona, Strategic Planning Officer Reporting Officer Interest: Nil Attachments: Nil

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 71 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

BACKGROUND:

On 10 April 2019, the Town received a letter from Tourism Western Australia seeking feedback on a preliminary concept of the provision of a coastal boardwalk to connect Fremantle and Scarborough Beach. The Town of Cambridge is one of six potentially affected local governments.

Noting that the investigation into the concept is in its preliminary stages, the concept being investigated is a boardwalk that is an extension of the current Mum-Boy-Yet Jinnung Boardwalk, with the following potential details:

• Approximately 25 kilometres in length and will run through the City of Fremantle, Town of Mosman Park, Town of Cottesloe, City of Nedlands, Town of Cambridge and City of Stirling. • Made of a material to provide a firm, flat and consistent surface that would limit the amount of sand in shoes. • Have coastal views throughout the walk, therefore being on or in close proximity to the beach. • Be an entirely accessible attraction. • Other potential inclusions could include: o Shade stops and strategic seating along the way. o Water fountains and additional toilet facilities.

The Town has a direct interest in the concept due to the boardwalk potentially being located within the Town's boundaries, the connection of the proposed boardwalk to an existing Town asset (Mum-Boy-Yet Jinnung Boardwalk), and the potential for ongoing maintenance and liability of the boardwalk once it is complete.

DETAILS:

General Comments

Overall, the Town could support the coastal boardwalk concept, as an asset with the potential to improve existing open spaces and recreation areas, improve accessibility, discourage anti-social behaviour, and attract visitors to the area. For these reasons, the proposal is considered to be consistent with the Town's Strategic Community Plan 2018 - 2028.

As outlined in the Town's Economic Development Strategy 2018 - 2022 (EDS) in coastal locations strategic employment is linked to tourism and visitation associated with the significant natural assets of the beach and surrounding public open space. As such, the enhancement of the Town's coastline, an existing natural asset, through infrastructure that improves accessibility and safety is likely to have a positive impact on visitor attraction, and subsequently the Town's local economy. Furthermore, the proposal is consistent with Goal 4.3 of the EDS to link City Beach to Fremantle, Cottesloe and Scarborough to support increased visitation.

Facilitators

Between February 2005 and September 2005, the Town constructed the Mum-Boy-Yet Jinnung Boardwalk, a 220 metre access way for people of all abilities built across and above the coastal sand dunes of the Indian Ocean that provides an important link between City Beach Park and Floreat Beach Park, two popular swimming beaches.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 72 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

The Mum-Boy-Yet Jinnung Boardwalk was designed to address the following environmental issues within the Town's dune system:

• Natural factors including wind and erosion degrading the site; • Poor vegetation growth due to erosion and dune dynamics; • Trampling and access by visitors; • Informal use of dunes for recreation activities; • Anti-social behaviour

Overall, the Town considers that there has been minimal impact on the environment and improved the quality of the dune environment, and increased the ways in which visitors can engage with the coastal environment. The Town has a number of resources on both the design and construction that can be made available to Tourism Western Australia, should the concept progress to a project phase.

Barriers

The Town's Strategic Community Plan 2018 - 2028 identifies coastal management is an ongoing area of concern to the community. As such, it is essential that the proposed boardwalk minimises the environmental impact on the dune system both in its design and during its construction.

As the proposal is in its concept stage, it has not identified the potential source of funding for the construction of the boardwalk, nor the responsibility of ongoing maintenance. This is an area of concern, and the Town welcomes any further information should the concept progress to a project phase.

The correspondence to the Town identifies the Campbell Barracks in Swanbourne as a potential barrier to the overall concept. The Town agrees that this does appear to be a major impediment.

POLICY/STATUTORY IMPLICATIONS:

There are no policy or statutory implications related to the recommendations of this report. Should the concept progress further, there will be a range of statutory approvals that will be required to be obtained by the project applicant. .

FINANCIAL IMPLICATIONS:

There are no financial implications related to the recommendations of this report, as the report recommends in-principle support only. To progress the concept to detailed investigation, planning and implementation will clearly require substantial funding. The correspondence to the Town makes no indication as to where these funds will be sourced. If the Town is approached with any request for funding or resources in relation to this concept, a further decision of Council will be sought.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 73 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

Goal 2: Quality local parks and open spaces for the community to enjoy Strategy 2.2: Improve the maintenance and provision of amenities in our local parks and district open spaces reflecting local values and priorities and the broader regional demand on facilities

Goal 3: An active, safe and inclusive community Strategy 3.3: Encourage a range of activities that better align with the diverse needs of ratepayers of all ages, cultures and abilities Strategy 3.4: Act to create and maintain safe, friendly and open environments that residents can access and enjoy

Goal 12: Advocacy for the Community Strategy 12.1: Foster key relationships with all levels of government and other major stakeholders Strategy 12.2: Engage with surrounding local governments on key district and regional strategies and decision making

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. As the report recommends in-principle support only, no community consultation has occurred. At this stage, the extent of consultation appears to be only written correspondence with the six local governments affected. Should this project progress further, a comprehensive community engagement plan would be expected.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 74 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.55 BUILDING PERMITS APPROVED UNDER DELEGATED AUTHORITY - APRIL 2019

ADMINISTRATION RECOMMENDATION:

That the Council RECEIVES the Schedule of Building and Demolition Permits approved under delegated authority for the month of April 2019, as attached to and forming part of the notice paper.

SUMMARY:

The report details building approvals issued under delegated authority

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.  Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 2 May 2019 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Stephen Cleaver, A/Manager Regulatory Services Contributing Officer: Rebecca Wellstead, Administration Officer Reporting Officer Interest: Nil Attachment(s): 1.Building Approvals (5 pages)

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 75 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

BACKGROUND:

Listed below are the total numbers of permits issued for the months of April 2019. Also shown are the comparative figures of the numbers of permits issued on the same months of the previous years and year to date fields.

April 2019 April 2018 Financial Year Corresponding to date Financial Year 2018/2019 to date 2017/2018 Building Permits (Certified) 18 32 301 331 Building Permits (Uncertified) 11 15 108 132 Demolition Permits 4 5 52 43 Building Approval Certificate (Unauthorised Work) 3 1 13 11 Building Approval Certificate (Strata) 1 0 3 4 Occupancy Permits 3 2 8 16 Occupancy Permits (strata) 0 1 3 7 Total 40 55 488 544 Value of Construction $ 5,875,402.70 $ 9,404,559.1 $98,377,266.7 $100,565,645.8

POLICY/STATUTORY IMPLICATIONS:

There are no policy or statutory implications related to this report.

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

Our Community Life

Goal 3: An active and, safe and inclusive community.

Strategy 3.4: Act to create and maintain safe, friendly and open environments that residents can access and enjoy

Our Council

Goal 11: An efficient local government

11.3 Embrace innovation and continuously strive to improve services delivered to the community

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 76 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.56 DELEGATED DECISIONS AND NOTIFICATIONS REPORT FOR - APRIL 2019

ADMINISTRATION RECOMMENDATION:

That Council RECEIVES the report on Delegated Decisions and Notifications dealt with under delegated authority for the period ending 30 April 2019.

SUMMARY:

To report on matters which have been dealt with under delegated authority and notify the Council of other proceedings in relation to Planning and Development matters.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.  Information For the Council/Committee to note.

OFFICER INVOLVEMENT:

Address/Property Location: Not applicable Report Date: 06 May 2019 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jenny Heyes, Manager Statutory Planning Contributing Officer: John Carter, Senior Administration Officer Reporting Officer Interest: Nil Attachment(s): Not applicable

BACKGROUND:

The following items (for the months of March-April 2019) has been dealt with under delegated authority, in accordance with Council’s policy, as they were deemed to comply in all respects with the requirements of the Town Planning Scheme and Council Policy:-

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 77 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DETAILS:

City Beach

• 17 Peasholm Street, City Beach - Additions to Existing Two-storey Dwelling, Swimming Pool/ Spa • 23 Hesperia Avenue, City Beach - Outdoor Habitable Room and Associated Decking • 39A Tarongo Way, City Beach - Carport • 7 Perina Way, City Beach - Balcony • 35 Empire Avenue, City Beach - Existing Viewing Platform and Boundary Privacy Screening Additions to Two-storey Dwelling • 3 Kalinda Drive, City Beach - Outbuilding (Shed) Addition to Single House • 11 Aruma Way, City Beach - Alterations/Additions to Existing Two-storey Dwelling • 9 Hovea Crescent, City Beach - Patio

Floreat

• Floreat Sporting Precinct, 39 Chandler Avenue West, Floreat - 3x Padel Courts and Pro Shop • 2 Finishline View, Floreat - Use Not Listed (Display Home), Signage and Landscaping Works • 494 Cambridge Street, Floreat - Retaining Wall • 3 Cromarty Road, Floreat - Two-storey Dwelling • 29 Winmarley Street, Floreat - Two-storey Dwelling [Amendment to 0053DA-2018] • 26 Newry Street, Floreat - Alterations and Additions to Single House [Amendment to 0066DA-2018] • 1 Finishline View, Floreat - Staging of Mixed Use Development: 162 Multiple Dwellings and a Restaurant/Café • 9 Shannon Street, Floreat - Single-storey Dwelling • 31 Arbordale Street, Floreat - Carport

Jolimont

• 2 Anther Lane, Jolimont - Two-storey Dwelling and Use Not Listed (Ancillary Dwelling) • 2 Anther Lane, Jolimont - Two-storey Dwelling [Amendment to DA18/0303] • 7 Hortus Way, Jolimont - Two-storey Dwelling • 5 Pollen Grove, Jolimont - Two-Storey Dwelling

Mount Claremont

• 4 Maida Place, Mt Claremont - Two-storey Dwelling

Wembley

• 19A Reserve Street, Wembley - Replacement Carport and Two-storey Addition to Existing Dwelling • 1/60 Reserve Street, Wembley - Single storey dwelling • 21A Marlow Street, Wembley - Two-storey Dwelling • 12 Johnson Street, Wembley - Additions and alterations - Garage • 39 Daglish Street, Wembley - Alterations/Additions to Single-storey Dwelling

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 78 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

West Leederville

• 115 St Leonards Avenue, West Leederville - Two-storey Dwelling with Undercroft Garage • 33 Joseph Street, West Leederville - Front Fence [Amendment to 0174DA-2017] • 28 Ruislip Street, West Leederville - Garage, Deck and Swimming Pool • 170 Railway Parade, West Leederville - Metal Awning Addition to Mixed Use Development • 13/135-139 Cambridge Street, West Leederville - Existing Shade Sails (x2), Fencing and Wall Sign [Development Commenced]

Subdivision/amalgamation applications

The following items were referred to the Western Australian Planning Commission with a recommendation for approval:-

• 17 St Leonards Avenue, West Leederville - Two Freehold Lots • 17 Reserve Street, Wembley - Two Lot Survey Strata • 30 Windarra Drive, City Beach - Three Freehold Lots

State Administrative Tribunal

Applications for Review (Appeals) - received

• 61 Cambridge Street, West Leederville - JDAP - Six Storey Expansion of Existing Hospital Including Car Parking

Applications for Review (Appeals) - determined

• 27 Aruma Way, City Beach - Two-storey Dwelling with Undercroft Garage - Application withdrawn • 1 Turriff Road, Floreat - Retrospective application - three additional bedrooms

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

There are no Financial Implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018-2028:-

Our Community Life

Goal 3: An active and, safe and inclusive community.

Strategy 3.4: Act to create and maintain safe, friendly and open environments that residents can access and enjoy

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 79 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Our Council

Goal 11: An efficient local government

11.3 Embrace innovation and continuously strive to improve services delivered to the community

COMMUNITY ENGAGEMENT:

To provide the public with balanced and objective information to assist them in understanding the problem, alternatives, and/or solutions.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 80 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

DV19.57 LEEDERVILLE TOWN HALL CAR PARK - APPROVAL OF PERMIT PARKING TRIAL

ADMINISTRATION RECOMMENDATION:

That Council:

1. APPROVES:-

1.1 a six month trial of parking permits for Leederville Town Hall Car Park, effective from 1 July 2019;

1.2 BY AN ABSOLUTE MAJORITY to adopt the following fees and charges for permit parking in the Leederville Town Hall Car Park:-

(a) $360 for a 12 week permit and (b) $600 for a 24 week permit;

2. AUTHORISES the intention to impose the new fees, as detailed in the report, that are to be advertised in accordance with Section 6.19 of the Local Government Act 1995;

3. ADOPTS parking restrictions for the eastern half of the Leederville Town Hall Car Park (approximately 33 bays) for "Permit Parking only Monday - Friday, at all times";

4. APPROVES of new signage for the Leederville Town Hall Carpark; and

5. REQUESTS a report detailing the outcomes of the parking permit initiative, following completion of the six month trial period.

SUMMARY:

This report proposes a six month trial of issuing parking permits for the Leederville Town Hall Car Park as an initiative to increase the utilisation of the car park, particularly during business hours.

This proposal demonstrates the Town's support of the local business community through the Small Business Charter and is consistent with the strategies in the Town's Economic Development Strategy.

AUTHORITY / DISCRETION

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 81 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Address/Property Location: Leederville Town Hall Car Park - Cambridge Street Report Date: 16 May 2019 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Christie Downie, A/Manager Strategic Planning Contributing Officer: Luke Evans, Coordinator Ranger and Community Safety Services Reporting Officer Interest Nil Attachments: 1. Aerial plan - Town Hall Car Park

BACKGROUND:

On 27 November 2018, Council considered a motion regarding the use of Leederville Town Hall Car Park and resolved the following:

That the Council:-

(i) REQUESTS the CEO to prepare a report for the December 2018 meeting to increase the usage of the Leederville Town Hall Carpark. The Report should include such matters as:

(a) contacting local businesses including those on the route of the Green CAT to advise of the availability of the Leederville Town Hall Carpark for employee parking with a view to offering monthly parking permits;

(b) advertising and signage;

(d) other relevant matters.

A report in response was presented to Council in December 2018. This report (Report 10.2) provided details on the revenue derived from the car park, the regular hirers of the adjacent community facilities, and outlined a proposal to seek expressions of interest for the issuing of parking permits for this car park. On this matter, Council resolved the following:

That Council:

1. PROMOTES and ADVERTISES the Leederville Town Hall Car Park to the local businesses with a view to issuing monthly parking permits;

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 82 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

2. APPROVES regular hirers of the Leederville Town Hall and Holyrood Pavilion free access to car parking bays in the western half of the West Leederville Town Hall car park (L-20) for all regular bookings that occur on weekends, public holidays and weekdays (subject to availability); as per Council Decision DV17.07 dated 26 September 2017; and

3. APPROVES of new signage for the Leederville Town Hall Carpark.

DETAILS:

Expressions of Interest (EOI)

Following the December Council resolution, the Town called for EOI for discounted parking permits at the Leederville Town Hall Car Park. A graphic was produced showing the location of the car park in relation to West Leederville and Leederville Train Stations, the Green CAT bus and Cambridge Street bus routes.

EOI were invited from local businesses and employees and advertised on the Town's website, Cambridge News and via an email distribution list related to the Town's economic development activities.

EOI were submitted through the completion of a short survey hosted on the Town's website.

The Town received 56 responses through the EOI form. The responses received have been summarised.

Would you be interested in purchasing a parking permit at West Leederville Town hall carpark? Yes - 50 No - 6 What length of time would you purchase a permit? Weekly - 8 Monthly - 22 6 Monthly - 9 Yearly - 17

It was possible to provide multiple responses to this question. The current price for parking is $10/day. How much would you be willing to pay with a permit? Average price (for the 50 responses that indicated a willingness to pay) - $5.70

Respondents were free to answer this question over any time period. Where respondents gave a price per week or per month, this has been converted to a daily rate for comparison purposes. Responses ranged from $0 per day to $10 per day. Where do you work/park? I work in West Leederville - 31 I work elsewhere - 6 Parks elsewhere in West Leederville - 20 I work in Perth CBD - 2

It was possible to provide multiple responses to this question. Reasons why you don't wish to purchase a permit? • Don't use this car park. • Buses already too congested. • Already have parking, other staff might be interested. • Only require ad hoc days, use alternative transport. • Use another car park nearby. • Too expensive.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 83 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Do you have any other comments about the permit proposal? • Support for proposal. • Parking has been an issue for staff. • Might encourage more congestion on buses. • The permit needs to be priced accordingly as car park is not secure/undercover. • Comments that Council sees this as an income stream. Observes that Council is not inviting people to come but is penalising them. • Prefer to purchase daily as required. • Free parking on weekends preferred. • Required a cancellation policy. • Prefer permits for 2/3/4 days of the week. • Prefer permits valid for (example) 10 sessions. • Must be available 24/7 and have security. • Permits not linked to one car to allow carpooling. • Current parking permits are insufficient. • Parking in West Leederville is currently very difficult • Need to be competitively priced. • Does a permit guarantee a space? • Use it or lose it policy. • Would use during football season.

Some comments were repeated by more than one respondent.

Hirers of Town Hall and Holyrood Pavilion

Regular hirers of the Leederville Town Hall and Holyrood Pavilion have free access to the western half of the Leederville Town Hall Car Park for their regular bookings, subject to availability. Hirers of the Leederville Town Hall and the Holyrood Pavilion contribute approximately $90,000 in income.

Details of bookings are outlined below:

Leederville Town Hall

• Nirvana Social Club Ballroom dancing - 70 members - every Saturday night, 7:00pm to midnight - 50 weeks per year. • No Lights No Lycra, social interaction & dancing - 80 members - every Monday night, 6:00pm - 9:00pm - 50 weeks per year. • Ging Mo Kung Fu - 60 members - Tuesday and Thursday , 6:30am to 8:00pm & Saturday Mornings, 8:00am to 12 noon - 50 weeks per year. • World Yong Nian Tai Chi Federation - 50 members - Every Sunday morning, 9:00am - 11:00am. - 50 weeks per year. • Casual Hirers - approximately 40 private events per year, Fridays 10:00am - 12 midnight with 100- 150 people each.

Leederville Lesser Town Hall

• The Perth Tango Club under Occupational Management License - 218 members used every Friday Night social dance plus intermittently during the week for lessons. Fridays 5:00pm to midnight and intermittent weekdays 10:00am - 3:00pm

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 84 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Holyrood Pavilion

• RSPCA - Every Wednesday from 6:00pm - 8:00pm. • Casual Hirers - 200+ events per year (average 25-30 people per booking) - Mainly young children's birthdays - Friday Nights, all day Saturday and Sunday.

The free access to car parking is valued by the various hirers and is consistent with the Town's other community facilities; Wembley Golf Course, Wembley Community Centre, The Boulevard Centre, Library, Bold Park Aquatic and the Quarry Amphitheatre.

The information above shows that Leederville Town Hall is hired mainly in the evenings and the weekend, and also on Fridays during the day. It is considered therefore that the carpark is underutilised during business hours Monday to Thursday, and utilisation on Fridays will depend upon hall bookings.

Proposed Trial

Due to the current underutilisation of the car park, and the responses received, it is proposed to commence a six month trial of permit parking at the Leederville Town Hall Car Park.

It is proposed that two permit options are offered;

• 12 week permit, priced at $360 ([$6/day] x [5 week days] x [12 weeks]), and • 24 week permit, priced at $600 ([$5/day] x [5 week days] x [24 weeks]).

The reduced rate for the longer permit duration acknowledges the administrative costs of processing each permit application. Either permit option represents a significant discount of the current $10/day cost of parking in this car park.

It is proposed that the eastern half of the car park (Attachment 1) be appropriately signed as reserved for parking permit holders only, Monday - Friday at all times. This equates to approximately 33 bays. For the trial period, it is proposed the bays be reserved 24 hours per day, 5 days per week to ensure all permit holders can access a bay as required. The western half of the car park will remain available for regular hirers of the hall, occasional hirers of the hall and the general public.

For the trial period, it is proposed that a permit will guarantee a parking bay in the Leederville Town Hall Car Park. This means that 33 permits will be available at any one time. It is proposed that permits are first offered to those who completed an Expression of Interest. If the permits are oversubscribed after a fixed response period (approximately two weeks), preference will be given to those seeking a longer permit duration. If the permits are undersubscribed, they will be advertised to the general public though the Town's usual communication channels and processed on a first come, first served basis.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 85 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

Trial Evaluation

A six month trial is proposed to test the uptake of parking permits and to ensure any flow on impacts of reserving parking bays are acceptable. The Town is keen to ensure that there is an appropriate balance between the parking needs of hall hirers/users, responsible management of a Town asset and supporting the needs of local businesses.

During the trial period, any feedback from hall hirers/users will be closely monitored to capture any comments that may relate to the parking permit proposal. Hall hirers may or may not be supportive of the parking permit system and may suggest adjustments to the time or day of the week restrictions.

Feedback will also be sought from those purchasing permits and applications for permits will be monitored and reported on. The number of people applying for a permit will give some indication of whether or not the permits are priced appropriately, and if the duration of the permits is suitable for users.

During the trial, regular inspections of the car park (as part of normal regulatory duties) will also provide useful information to help evaluate the trial. If permits are purchased and the car park remains underutilised, the Town may consider adjusting the program to run on an 'on demand' or pre-booking system.

The trial is proposed to utilise a paper based permit, as issued by the Town. If the permit system is to continue, the Town could consider using an alternative (non-paper) parking management system such as EasyPark. This may offer more flexible permit options and a reduced administrative load for the Town, but this would require further investigation.

If the trial is considered successful, the Town may wish to consider upgrading the security measures at the car park by installing CCTV. By installing CCTV this would promote "secure parking" and provide permit holders peace of mind. This would have a cost implication for the Town but this may be offset by the revenue generated by the parking permits.

POLICY/STATUTORY IMPLICATIONS:

The Local Government Act 1995 Section 6.16 prescribes the requirement when a local government wishes to impose a fee (other than when adopting the Annual Budget). Section 6.19 of the Local Government Act 1995 requires the local government to advertise its intention to impose a new fee and the date the new fee will be imposed, as a local public notice. Section 1.7 prescribes that local public notice means a minimum of 7 days.

Furthermore, an absolute majority is required for the imposition of the new fee and charge.

The proposed parking restriction amendments are in accordance with Council Policy No. 5.2.22, that is:

(1) Implementation of Restrictions

(ii) Parking restrictions shall be reviewed when:

• Requested by the adjacent property owner or occupier in writing. • Considered necessary by the Town. • Requested by other persons in writing.

Any proposal to change or establish parking restrictions or time limits requires a formal decision by the Council in accordance with Clause 2.1 of the Town of Cambridge Parking Local Law.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 86 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

FINANCIAL IMPLICATIONS:

The change in signage to reflect permit parking would be at an approximate cost of $1,000 - $1,500 which can be funded by the Rangers 'Parking Sign Upgrade' budget line item.

Revenue will be generated through the permit system as parking will be priced at $5-6 per day. Actual revenue will be reported after the trial period.

STRATEGIC DIRECTION:

This report recommendation embraces the following strategies of the Town's Strategic Community Plan 2018-2028:-

Goal 5: Successful commercial, retail and residential hubs Strategy 5.1 Ensure future planning recognises the emerging diverse role, mixed use potential and opportunities of our centres, and integrates change and growth with surrounding local areas Strategy 5.2 Foster and encourage local business development in the local and district centres which support our residents and the local and broader community

The initiative is consistent with Strategy 4.2 of the Economic Development Strategy 2018-2022: 'Identify optimal parking payment structures and infrastructure to support business activity in centres.'

COMMUNITY ENGAGEMENT:

Expressions of interest for parking permits were sought from the local business community.

This matter has been assessed under the Community Engagement Policy. In accordance with the assessment criteria it was rated at Level 1, for which no community consultation is required. The Town will consult with stakeholders upon completion of the trial to inform a report regarding the outcomes of the initiative.

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 87 DEVELOPMENT COMMITTEE TUESDAY 21 MAY 2019

8. CLOSURE

AGENDA - DEVELOPMENT COMMITTEE - 21 MAY 2019 88