BUSINESS 1. Opening 2. Attendance 3. Public Question Time 4. Petitions 5. Deputations 6. Applications for Leave of Absence 7. Confirmation of Minutes Ordinary Meeting of Council 26 March 2019 8. Announcements by the Mayor without Discussion 9. Committee Reports 9.1 Development Committee 16 April 2019 9.2 Community and Resources Committee 15 April 2019 9.3 Audit Committee 17 April 2019 10. Council Reports 10.1 Floreat Beach Kiosk and Associated Public Amenities Concept Design - Staged Approach 10.2 Monthly Financial Statements, Review and Variances - March 2019 11. Urgent Business 12. Motions of Which Notice has been Given 12.1 Mayor Shannon - Engagement of Mills Oakley - CEO Employment Contract 12.2 Cr Nelson - Speed Limit Trial in Wembley Activity Centre - Marlow Street to Pangbourne Street 13. Confidential Reports 14. Closure Visitors are reminded that mobile phones should be turned off during Council meetings DEVELOPMENT COMMITTEE 16 APRIL 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 DV19.33 Lot 37 (No. 38) Biara Gardens, Mount Claremont - Two-Storey Dwelling 3 Items to be determined by Council DV19.34 Lot 532 (No. 11) Arbordale Street, Floreat - Carport And Front Fence 11 DV19.35 Lot 77 (No. 23) Orrel Avenue, Floreat - Carport And Modifications To Existing Front Fence 17 DV19.36 Lot 304 (No. 32) Boronia Crescent, City Beach - Front Fence, Swimming Pool And Excavation 24 DV19.37 Lot 135 (No.2) Oceanic Drive, Floreat - Alterations/ Additions To Existing Dwelling (Including Two-Storey Extension) 31 DV19.38 Local Planning Policy 3.13: Parking - Adoption Of Principles To Guide Review 39 DV19.39 Local Law 43: Buildings On Endowment Lands And Limekilns Estate - Outcome Of Review 51 DV19.40 Walking Trail Strategy 2018-2021 - Implementation And Seating Costs - Further Report 60 DV19.41 Draft Heritage Regulations 2019 - Submission 69 DV19.42 Building Permits Approved Under Delegated Authority - March 2019 79 8. CLOSURE MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 1 MINUTES OF THE MEETING OF THE DEVELOPMENT COMMITTEE OF THE TOWN OF CAMBRIDGE HELD AT THE ADMINISTRATION/CIVIC CENTRE, 1 BOLD PARK DRIVE, FLOREAT ON 16 APRIL 2019. 1. DECLARATION OF OPENING The Presiding Member declared the meeting of the Development Committee open at 6.00 pm. 2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE Present: Time of Time of Entering Leaving Members: Mayor Shannon (Presiding Member) 6.00 pm 6.31 pm Cr Ian Everett 6.00 pm 6.31 pm Cr Kate McKerracher 6.00 pm 6.31 pm Cr James Nelson 6.00 pm 6.31 pm Cr Louis Carr (Deputy) 6.00 pm 6.31 pm Observers: Cr Rod Bradley Officers: Marlaine Lavery, Director Planning and Development Jennifer Heyes, Manager Statutory Planning Christie Downie, Acting Manager Strategic Planning Chris Della Bona, Planning Officer Denise Ribbands, Senior Governance Officer Members of the Public: 18 persons Media: Nil Adjournments: Nil Time meeting closed: 6.31 pm APOLOGIES/LEAVE OF ABSENCE Apology - John Giorgi JP, A/Chief Executive Officer MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 1 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019 3. PUBLIC QUESTION TIME Nil 4. DEPUTATIONS AND PETITIONS Nil 5. CONFIRMATION OF MINUTES Moved by Cr McKerracher, seconded by Cr Everett That the Minutes of the Ordinary meeting of the Development Committee held on 19 March 2019 as contained in the March 2019 Council Notice Paper be confirmed. Motion put and CARRIED (5/0) 6. DECLARATION OF MEMBERS' INTERESTS Nil 7. REPORTS MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 2 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019 DV19.33 LOT 37 (NO. 38) BIARA GARDENS, MOUNT CLAREMONT - TWO-STOREY DWELLING SUMMARY: The purpose of this report is for Council to consider a development application for a two- storey dwelling at Lot 37 (No. 38) Biara Gardens, Mount Claremont. The application proposes a variation to the deemed-to-comply requirements of Clause 5.1.3 Lot Boundary Setbacks and Clause 5.1.6 Building Height of the R-Codes, as well as Clause 3.1.3 Garage Width of Local Planning Policy 3.1 - Streetscape. Notwithstanding, it is considered that the extent of the variations are minor 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. 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: In accordance with cl9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reason: • "A submission has been received: o during the advertising period of the development application that objects to the application on valid planning grounds; and o which cannot be addressed by conditions of development approval." MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 3 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019 BACKGROUND: Address/Property Location: Lot 37 (No. 38) Biara Gardens, Mount Claremont. Report Date: 20 March 2019 File Reference: DA18/0401 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Ryan Munyard, A/Manager Development Assessment Contributing Officer: Chris Della Bona, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Location/Aerial Plans (1 page) 2. Annotated Plans (Over Height Wall Portions) (1 page) 3. Development application plans (4 pages) 4. Applicant's Justification (4 pages) 5. Schedule of submissions (1 page) Applicant: Broadway Homes Pty Ltd Owner: Ashleigh Holt Zoning: Residential R30 Precinct: P1: City Beach Development Description: Two-storey Dwelling Development Value: $455,430.91 Existing Land Use: Nil - vacant site Proposed Use Class: Dwelling (Single) - 'P' (Permitted) Lot/Land Area: 418 square metres Heritage Listing: No Application Received Date: 24 December 2019 Application Process Days: 113 Days DETAILS: Development description A development application for the subject site was submitted on 24 December 2018. The applicant subsequently provided amended plans to the Town on 19 February 2019 and again on 6 March 2019 to reduce the building height and remove a lot boundary setback variation. The subject site is located within the St John's Wood Estate, in a block bound by Biara Gardens to the north, east, south, and west. The site is currently vacant, as it was created as a result of the estate subdivision. The Biara Gardens streetscape consists predominately of complete, or near complete two-storey dwellings with double garages. The development application proposes the following: • A four bedroom, two bathroom, two-storey dwelling with a maximum wall height of 6.4 metres for a portion of the dwelling, in lieu of the 6 metre deemed-to-comply wall height requirement. • A double garage that is 6.1 metres wide, in lieu of the 6 metres deemed-to-comply requirement. MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 4 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019 Community Consultation The application was advertised for a period of 14 days, from 22 February 2019 to 8 March 2019, in accordance with Local Planning Policy 2.3 - Public Notification of Planning Proposals. One submission was received during the advertising period raising objection to the proposed wall height. The table below provides a summary of the comments and issues raised during the community consultation process and an Officer technical response. A full schedule of submissions is attached to this agenda. Summary of Comments Received Officer Technical Comment The wall height being 0.6 metres higher The Applicant has provided amended plans than the requirement for a portion of the which reduced the overall height of the dwelling, and 0.2 metres higher than the dwelling to meet the deemed-to-comply requirement for remainder of the dwelling. requirements. One portion of the wall however remains higher than the 6 metres requirement, at a height of 6.4 metres. It is considered the proposal meets the relevant design principles as outlined in the statutory assessment below. Applicant's justification The Applicant has provided justification in support of the proposed variations 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