Attachments of Ordinary Meeting of Council

Report submitted to the Ordinary Meeting of Council on Monday 23 November 2020.

Attachments

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ý Section 4.55 Modification of Consent

ý Section 4.55(1) Modification of Consent - Minor

Legislative Provisions

Comment

Modifications involving minor error, misdescription or miscalculation

Note - Subsections (3) requiring consideration of matters under s4.15(1) does not apply to such a modification)

Other matters for consideration

Not Relevant

Satisfactory

Comment

Threatened Species

Section 5AA of the EP&A Act 1979 & Part 7 of the Biodiversity Conservation Act 2016

Test for determining whether proposed development or activity is likely to significantly affect threatened species or ecological communities, or their habitats)

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On 21st November 2017, certain zones of the WWLEP 2010 achieved Biodiversity Certification under the Biodiversity Conservation Act 2016, including all Business, Industrial, Residential and Special Infrastructure Zones that were in place at the time of the making of the Biodiversity Conservation Act 2016. The subject site falls within an area subject to the Biodiversity Certification Order.

The effect of the Biodiversity Certification, as set out by Section 8.4 of the Biodiversity Conservation Act 2016 is that:

An assessment of the likely impact on biodiversity of development on biodiversity certified land is not required for the purposes of Part 4 of the Environmental Planning and Assessment Act 1979.

A consent authority, when determining a development application in relation to development on biodiversity certified land under Part 4 of the Environmental Planning and Assessment Act 1979, is not required to take into consideration the likely impact on biodiversity of the development carried out on that land.

Therefore, no further consideration of these matters is required.

Section 7.11 Contributions (Local Infrastructure Contributions Plan 2019 - 2034)

EP&A Act 1979

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Section 7.12 Contributions

(Local Infrastructure Contributions Plan 2019 - 2034)

EP&A Act 1979

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Section 64 sewer

(Development Servicing Plan – Sewerage Services – July 2013)

s64 LG Act 1993 & s306 Water Management Act 2000

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Section 64 stormwater

(Development Servicing Plan – Stormwater – November 2007)

s64 LG Act 1993 & s306 Water Management Act 2000

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Council Policies

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Policy 046 - Processing Development Applications lodged by Councillors, staff and individuals of which a conflict of interest may arise, or on Council owned land.

No declaration has been made that would require action under this policy.

Other Matters

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ý Section 4.55(1A) Modification of Consent – Minimal Environmental Impact

Legislative Provisions	Comment
(a) it is satisfied that the proposed modification is of minimal environmental impact.
(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all).
(c) it has notified the application in accordance with— (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent.
(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.
In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.	See assessment below

ý Section 4.55(2) Modification of Consent – Other

Legislative Provisions	Comment
(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all).
(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent.
(c) it has notified the application in accordance with— (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent.
(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.
In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.	See assessment below

¨ Section 4.15(1) Matters for consideration - general

Description

Construction of single dwelling and detached garage.

Matters for consideration

GIS & System Check

Section 4.15(1)

EP&A Act 1979

Issue

Legislative Provisions

Not Relevant

Satisfactory

Comment

(b)

(c)

(e)

DA History

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Subject lot was created under subdivision DA11/0293. No other approvals have been issued for the property.

LEP 2010 Zones

(a)(i)

(b)

(c)

(e)

Zoning

LEP

2.2 Zoning of land to which Plan applies

2.3 Zone objectives and Land Use Table

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Zoning of land (cl 2.2): R5 Large Lot Residential Zone

The development is permissible in the zone (cl. 2.3(1))

The development is consistent with the following objectives of the zone (cl. 2.3(2)):

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To ensure that the clearing of native vegetation is avoided or minimised as far as is practicable.

Land Parcels & DP

(b)

(c)

(e)

Land Title

Correct legal description and ownership

Easements & Building Envelopes

Open Deposited Plan (including 88b)

Registered title (deferred commencement)

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Easement to drain stormwater water 2.5m wide on the corner of the northern and western boundaries – development does not impact easement.

LEP 2010 Listed item and Conservation Area

(a)(i)

(a)(iii)

(b)

(c)

(e)

Heritage

Conservation Area

Listed item

DCP 3 Heritage Conservation

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LEP 5.10 Heritage conservation

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LEP 2010 Urban release Area

(a)(i)

(b)

(c)

(e)

Urban Release Area

LEP 6.2 Public utility infrastructure

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LEP 6.3 Development control plan

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Natural resource Sensitivity

(a)(i)

(a)(iii)

(b)

(c)

(e)

Natural Resource Sensitivity

DCP 5.4 Environmentally sensitive land

LEP 7.3 Biodiversity

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LEP 7.4 Vulnerable land

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LEP 7.5 Riparian lands and waterways

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LEP 7.6 Groundwater vulnerability

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Flooding

(including MOFFS)

(a)(i)

(a)(iii)

(b)

(c)

(e)

Flooding

Overland flow

DCP 4.2 Flooding

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LEP 7.2 Flood Planning

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Bushfire Prone Land

(a)(iii)

(b)

(c)

(e)

Bushfire

DCP 4.1 Bushfire

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The site is not mapped as bush fire prone land and a site inspection has confirmed that the site or surrounding area is not a bush fire risk. No further assessment is required.

Environmental -Contaminated Land & PFAS

(a)(i)

(b)

(c)

(e)

Contaminated Land

PFAS Study Area

Site observations

SEPP55

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There is no indication that the site has previously been occupied by any use that could have led to contamination of the site. Furthermore, the land is not identified on Councils register of contaminated sites.

Airport Constraints

(a)(i)

(b)

(c)

(e)

Airport Constraints

LEP 7.11 Airspace operations

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LEP 7.12 Development in areas subject to aircraft noise

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Assets – Sewer and Stormawater

(b)

(c)

(e)

Services/Utilities

(Septic area? Health referral))

Sewer/stormwater infrastructure (Build over, encroachment, earthwork impacts)

Stormwater issues – overland flow

Electricity infrastructure

(including setbacks to substations)

(Infrastructure SEPP referral)

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Aerial Imagery

(*Topographic – Hydrology)

(b)

(c)

(e)

Existing site conditions

Buildings on site

Retaining walls

Cut and fill

Deposited fill

Boundary fencing and walls

Private open space

Vegetation

*Proximity to natural waterways

Other observations

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Site visit undertaken on: 15/10/2020

Site is vacant, generally flat and free from significant vegetation.

Aerial Imagery

(*Topographic – Hydrology)

(b)

(c)

(e)

Off site observations

Buildings

Window locations

Private open space

Retaining walls

Cut and fill

Boundary fencing and walls

Vegetation

*Proximity to natural waterways

Other observations

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Lot to the north (116 Lakehaven Drive) is vacant with no DA approval.

Lot to the west (15 Lakesend Place) had DA approval (DA20/0355) for a single dwelling.

Lots to the south (120 and 122 Lakehaven Dr) have approved development consents for single dwellings.

(a)(iii)

(b)

(c)

(e)

Traffic, access and parking

Manoeuvring

Site Distance Issues

Driveway grade

Check Driveway location and grade

· Side entry pit

· Service lids/pits

· Poles/turrets/substations

· Street Trees

DCP

2.1 Vehicle access and movements

9.3.6 Front setbacks

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(a)(iii)

(b)

(c)

(e)

Context, setting and streetscape

DCP

9.2.2 Streetscape

9.2.3 Corner lots and secondary facades

9.2.4 Sloping Sites

9.3.1 Site area per dwelling

9.3.2 Site cover

9.3.6 Front setbacks

9.3.7 Side and rear setbacks

9.4.1 Building elements

9.4.2 Materials and finishes

9.4.4 Garages, carports, sheds and driveways

9.4.5 Site facilities

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(a)(iii)

(b)

(c)

(e)

Public Domain

Impact on street or adjoining public place

Condition/Dilapidation

Construction access

DCP

2.7 Development adjoining open space

9.4.5 Site facilities

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(a)(iii)

(b)

(c)

(e)

Safety, security and crime prevention

DCP 2.5 Safety and security

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(a)(iii)

(b)

(c)

(e)

Site and internal design

DCP

9.2.1 Site layout

9.4.1 Building elements

9.4.4 Garages, carports, sheds and driveways

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(a)(iii)

(b)

(c)

(e)

Solar impact

DCP

9.3.4 Solar access

9.3.7 Side and rear setbacks

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(a)(iii)

(b)

(c)

(e)

Visual Privacy

Private open space

Boundary fencing and screening

DCP

9.3.5 Private open space

9.3.7 Side and rear setbacks

9.4.3 Privacy

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(a)(i)

(b)

(c)

(e)

Noise and Vibration

Acoustic privacy conflicts

Impacting nearby landuses

(Rail, Road, Infrastructure SEPP referrals)

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(a)(i)

(b)

(c)

(e)

Air and microclimate

Impacting nearby landuses

(Rail, Road, Infrastructure SEPP referrals)

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(a)(i)

(a)(iii)

(b)

(c)

(e)

Earthworks and Soils

Cut and fill

Stability and erosion control

Stormwater quality

DCP

9.4.6 Changing the landform – cut and fill

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LEP 7.1A Earthworks

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(b)

(c)

(e)

Landscaping

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(b)

(c)

(e)

Waste

Construction waste management

Asbestos

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(a)(iii)

(b)

(c)

(e)

Energy & Water

DCP

9.3.7 Side and rear setbacks

9.4.1 Building elements

9.4.2 Materials and finishes

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(a)(i)

(b)

(c)

(e)

BASIX

(Use assessment checklist)

BASIX SEPP 2004

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A valid certificate has been lodged with the application and assessed as compliant.

(b)

(c)

(e)

Other hazards

Natural

Technological

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(a)(iii)

(b)

(c)

(e)

Flora and Fauna

(on and off-site)

Check for native veg requirements (R5 and RU4 Land)

DCP

5.2 Preservation of trees

5.3 Native Vegetation Cover

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Section 5AA and Part 7 of the Biodiversity Conservation Act 2016

Test for determining whether proposed development or activity is likely to significantly affect threatened species or ecological communities, or their habitats)

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The effect of the Biodiversity Certification, as set out by Section 8.4 of the Biodiversity Conservation Act 2016 is that:

An assessment of the likely impact on biodiversity of development on biodiversity certified land is not required for the purposes of Part 4 of the Environmental Planning and Assessment Act 1979.

Therefore, no further consideration of these matters is required.

(b)

(c)

(e)

Social and economic impacts

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(b)

(c)

(e)

Facilitation of Ecologically Sustainable Development

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(a)(i)

(b)

(c)

(e)

Other LEP Clauses

LEP 2.7 Demolition requires development consent

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LEP 4.3 Height of buildings

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LEP 7.9 Primacy of Zone B3 Commercial Core

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LEP 4.2A Erection of dwelling houses and dual occupancies on land in certain residential, rural and environmental protection zones

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Other Clauses

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(a)(i)

(b)

(c)

(e)

Other EPIs

SEPP (Infrastructure) 2007

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Other SEPPs

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(a)(ii)

(b)

(c)

(e)

Draft EPIs

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There are a number of state environmental planning policies currently subject to review, including some which have involved consultation and notification. With the exception of the following, none of these are applicable to this application.

Remediation of Land SEPP and repeal of State Environmental Planning Policy 55

The draft SEPP will not impact on the assessment of this application under SEPP 55 with regard to the potential contamination of this site and its suitability for the proposed development.

(a)(iiia)

(e)

Planning agreements

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No related planning agreement has been entered into under section 7.4.

(d)

(e)

Submissions

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One submission has been received. This will be discussed in this report under section 1.10 of the DCP.

(e)

Section 68 Application made as part of DA

Local Government Act 1993

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(e)

Section 7.11 Contributions (Local Infrastructure Contributions Plan 2019 - 2034)

EP&A Act 1979

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(e)

Section 7.12 Contributions

(Local Infrastructure Contributions Plan 2019 - 2034)

EP&A Act 1979

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(e)

Section 64 sewer

(Development Servicing Plan – Sewerage Services – July 2013)

s64 LG Act 1993 & s306 Water Management Act 2000

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(e)

Section 64 stormwater

(Development Servicing Plan – Stormwater – November 2007)

s64 LG Act 1993 & s306 Water Management Act 2000

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(a)(iv)

(e)

The Regulation – Prescribed Matters

EP&A Regulation 2000

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(a)(iv)

(e)

The Regulation – Prescribed Conditions

(ensure conditions of consent included)

EP&A Regulation 2000

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(a)(iv)

(e)

Other regulation matters

EP&A Regulation 2000

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(e)

Council Policies

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Policy 046 - Processing Development Applications lodged by Councillors, staff and individuals of which a conflict of interest may arise, or on Council owned land.

No declaration has been made that would require action under this policy.

(e)

Other public interest matters

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It is considered that this application will not have a detrimental effect on the public interest.

Development Control Plan 2010

Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979

DCP Section (Objectives and Controls)

(Q section not relevant)

Not Relevant

Satisfactory

Comment

¨ 1.10 Notification of a Development Application

Compliance with the advertising and notification procedures detailed in this section of the DCP

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In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the WWDCP the application was notified to adjoining properties with submissions due on 13^th October 2020. One submission has been received during the notification period.

The submission relates to the potential amenity and visual impacts on an adjoining property to the south of the proposed development. The submission contends that the proposal to reduce the required setback from 2m to 1m will result in unacceptable impacts. The front elevations of the properties to the south will face the development as a result of the unique subdivision layout in this area as depicted below:

An assessment of the variation requested and the potential impact on adjacent properties is discussed in detail under Section 9.3.7 of the DCP below.

The submission also relates to the application incorrectly identifying the legal description of the affected properties to the south. The application references the property to the south as the parent lot (Lot 43) which existed prior to its subdivision to create the two ‘affected’ properties serviced by the Right of Carriageway and identified in the diagram above.

This error has been noted. The current lot configuration has been considered and addressed in the assessment of the setback requirements under Section 9.3.7 of the DCP below.

¨ 1.11 Complying with the Wagga Wagga Development Control Plan 2010

Compliance with the procedures, guidelines and delegations detailed in this section of the DCP

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The applicant has proposed a variation to control C2 of section 9.3.7 of the DCP related to side setback requirements and control C6 of the section 9.4.4 of the DCP which relates to the height of buildings.

9.3.7 - C2

C2 Any point of a building must have a setback from the side boundary nearest to that point of at least:

a) If the lot is in Zone R5 a setback of 2m

The applicant proposes a 1m setback from the southern boundary to the external wall of the dwelling.

9.4.4 - C6

C6 The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot must not be more than 4.8m above ground level (existing). The building shall be single storey construction with a maximum roof pitch of 27 degrees or steeper to match the roof pitch of the house.

The proposed height of the detached garage is 5.447m.

The applicant has provided justification for the variations and issues surrounding the variations will be discussed in the body of this report under sections 9.3.7 and 9.4.4 below.

¨ 2.1 Vehicle access and movements

O1 Ensure the safety and efficiency of urban and rural roads.

O2 Limit new access points to arterial roads or ensure alternative access is utilised where practical.

C3 Vehicles are to enter and leave in a forward direction unless it can be demonstrated that site conditions prevent it.

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C5 Access driveways are to be located in accordance with the relevant Australian Standard at the time of lodgement of an application.

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C6 Ensure adequate sight lines for proposed driveways.

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¨ 2.2 Off-street parking

O2 Ensure the provision of safe and efficient parking for all modes of transport to meet anticipated demands.

O3 Minimise disruptions to existing levels of service and safety as a result of insufficient parking being provided on site.

C1 Parking is to be provided in accordance with the table below. For uses not listed, similar land uses should be used as a guide in assessing car parking requirements.

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ý 2.3 Landscaping

Refer to this section of the DCP.

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¨ 2.5 Safety and security

O1 Incorporate crime prevention strategies in new developments.

O2 Encourage active, pedestrian oriented environments where developments are designed to integrate into the public domain.

O3 Maximise opportunities for natural surveillance of public spaces and building or site entrances.

C1 Use good site planning to clearly define public, semi-public and private areas.

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C2 Entries are to be clearly visible and identifiable from the street, and are to give the resident/occupier a sense of personal address and shelter. For non-residential uses, administration offices or showroom are to be located at the front of the building.

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C3 Minimise blank walls along street frontages.

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C4 Avoid areas of potential concealment and ‘blind’ corners.

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C5 Provide lighting to external entry areas, driveways and car parks in accordance with the relevant Australian Standards. The lighting is to be designed and sited to minimise spill and potential nuisance to adjoining properties.

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C6 Planting and fencing is not to reduce the safety of users or

compromise areas of natural surveillance.

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C7 Where a site provides a pedestrian through route the access path is to be clearly defined and sign posted, appropriately lit, and have satisfactory visibility.

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C8 Locate public toilets and rest areas to promote their use, and maximise public surveillance without creating visual intrusion.

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¨ 2.6 Erosion and sediment control

O1 Protect the environment against soil erosion and loss of soil from construction sites.

O2 Prevent the degradation of drainage systems, waterways and aquatic environments from deposition of soil and foreign material from construction sites.

O3 Prevent flood damage of individual properties caused by sediment reducing the flow capacity of the stormwater drainage system.

O4 Promote the implementation of erosion and sediment control measures by persons undertaking construction and earthworks activities to prevent the loss of soil from the site.

Consistent with the objectives of this section of the DCP.

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ý 2.7 Development adjoining open space

O1 Ensure that developments adjoining open space contain impacts within their boundaries and don’t impinge on, or rely on the open space area as a buffer.

O2 Encourage positive visual and physical relationships between private developments and public areas and reserves.

C1 Private developments are not to gain access across public open space.

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C2 Materials are not to be stored on public land.

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C3 Design, massing, scale and materials to be compatible with the amenity, views and outlook from the open space area.

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C4 Landscaping is not to encroach into any public reserve.

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ý 3 Heritage Conservation

Refer to this section of the DCP.

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ý 4.1 Bushfire

O1 Minimise risk to life, property and the environment from bush fire.

O2 Ensure compliance with statutory obligations for development in bush fire prone areas.

C1 Applications are to satisfy the relevant provisions of Planning for Bush Fire Protection 2006 (or any later versions) and Australian Standard: 3959 Construction of Buildings in Bush Fire Prone Areas.

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C2 Where required, a clear separation is to be provided between buildings and bushfire hazards in the form of a fuel-reduced Asset Protection Zone (APZ). In all cases the APZ is to be located wholly within the land zoned Residential. Refer to the requirements of Planning for Bush Fire Protection 2006

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ý 4.2 Flooding

Refer to this section of the DCP.

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ý 5.1 Development on ridges and prominent hills

O1 Maintain and enhance the visual and landscape setting of the entire local government area of Wagga Wagga.

O2 Avoid buildings, driveways and other construction on visually prominent high ground.

O3 Encourage split level or other appropriate construction on higher and sloping ground.

O4 Protect groundwater recharge areas.

C1 Buildings, structures, infrastructure or services (including access roads and driveways) are to be kept below significant ridgelines.

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C2 The assessment of applications for development in visually prominent locations is to consider potential impacts on distant views towards the site.

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C3 Development on the higher slopes is not to interrupt the ridgeline.

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C4 Use pier or similar construction rather than slab construction on sloping land where proposed cut and fill is in excess of that permitted in Section 2.7. Also consider split level design.

C5 Details of the building platform form may be required with development applications where the land is close to a prominent ridge or hill.

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ý 5.2 Preservation of trees

Refer to this section of the DCP.

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ý 5.3 Native Vegetation Cover

Refer to this section of the DCP.

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ý 5.4 Environmentally sensitive land

O1 To support the controls and objective for both the E2 and E4 Zone and environmentally sensitive land provisions in Clauses 7.3 to and inclusive of Clause 7.6 of the LEP.

O2 Protect, maintain or improve the diversity of the native flora and fauna.

O3 Protect the ecological processes necessary for their continued existence.

O4 Encourage the recovery of threatened species, communities or populations and their habitats.

O5 Protect, maintain or improve the diversity and stability of landscapes.

C1 Development is to be consistent with any Conservation Management Plan prepared for land in the E2 zone.

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Environmentally sensitive land – biodiversity (Outside “biocertified area”)

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Natural Resources Sensitivity - land

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Natural Resources Sensitivity - waterways

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Natural Resources Sensitivity - groundwater

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ý 6 Villages

Development in the Villages

O1 allowing for appropriate development while preserving existing levels of village amenity

O2 recognising and preserving character of all existing villages while encouraging appropriate forms of development

O3 supporting the viability and sustainability of the villages as non-urban places

Streetscape, building location and form

C1 The form and scale of buildings is to relate to the particular characteristics of the village. Refer to streetscape reference buildings near the site and Village controls where applicable.

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C2 Front setbacks are to correspond to the setbacks of adjoining buildings and the pattern of existing buildings near the site.

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C3 Side setbacks are to allow sufficient access for landscaping, maintenance and separation from adjoining properties. Dwellings in the villages are often sited towards the centre of blocks.

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C4 Site cover is to be consistent with the established pattern of the village. Refer to the Character Statement.

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Landscaping

C2 Consider use of native species rather than exotic plants.

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Materials and colours

C1 Use materials that are compatible with surrounding development and appropriate to their application taking into consideration orientation, energy efficiency and sustainability.

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C2 Use lightweight cladding (timber) and low intensity colours (lighter tones) for all finishes, including roofs.

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Fencing

C1 Use low, open or rural style fencing (without barbed wire) on frontages to roads or lanes, including secondary frontages.

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C2 Paling fences are preferred on rear and side fences (behind the building line).

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Collingullie

C1 New or replacement buildings are to respect the existing established front setbacks.

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Ladysmith

C2 New development to respect the pattern and setbacks of existing adjoining buildings. In many cases this means locating dwellings in the centre of lots, and matching the established front and side setbacks.

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Mangoplah (no relevant controls)

Oura

C1 Design and locate buildings on the slopes of the hill to minimise potential visual prominence by using piers or similar rather than elevated concrete slabs and by locating the buildings as low as possible on the slope.

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C2 Face the sub-floor areas with horizontal slats (timber or equivalent) to minimise visual exposure to the under-floor area.

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Tarcutta

C2 Setbacks to be similar to adjoining buildings and no greater than the largest setback of any adjoining building. For buildings on Sydney Street a nil or small setback may be appropriate.

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C3 Encourage new residential development to occur in the precinct east of Sydney Street.

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C5 Development on existing lots on the western side of the village to be designed and sited to minimise impacts on existing trees, and impacts resulting from the truck parking area in terms of light spill, noise and fumes.

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C6 Consider split level construction with pier footings (or similar) on sloping sites rather than concrete slabs.

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Uranquinty

C2 Retain the strong eastern edge of the village. Any development to the east of Connorton Street should comprise large lot residential development that complements the rural character of the surrounding lands.

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C4 New buildings on Olympic Highway/ Morgan Street are to have a nil or small setback, and are to follow the vertical rhythm established by the existing built form.

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C5 Retain the low scale character along Morgan Street using the existing buildings as a guide. Pick up elements of the existing built form, with particular reference to ridgelines and the height of verandahs/ awnings.

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C6 Use pitched roof forms and articulation to break up building bulk, including verandahs to the street.

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ý 8 Rural Development

Development in rural areas

O1 Ensure that rural developments are compatible with site context.

O2 Minimise potential for conflicts between traditional and productive agricultural uses and non-agricultural uses.

O3 Ensure that adequate buffers are provided so that dwellings do not interfere with the right to farm adjoining or adjacent land.

O4 Ensure safe and adequate servicing and access arrangements.

C1 Uses are to be compatible with the character of the locality in terms of buildings, structures and the nature of operations.

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C2 Provide adequate buffer areas and setbacks to minimise potential conflicts with adjoining lawful land uses. Where there is potential for a conflict between land uses, priority will be given to the existing productive use.

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C3 Use landscaping and other screening options to help integrate new uses and developments into the rural landscape.

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C4 Uses must be capable of operating within capacities of available existing services.

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C5 Provide adequate facilities for additional traffic in terms of vehicle access and movements, parking areas, and loading and unloading of goods.

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C6 In the case of larger projects Council may require the applicant to demonstrate that the roads in the locality are of satisfactory construction and condition to accommodate the size, weight and volume of vehicles that could be generated by the use, and that the local traffic conditions are suitable.

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C7 Provide satisfactory arrangements for storage and disposal of waste.

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C8 Locate dwellings to minimise conflicts with activities associated with primary production, so as to not interfere with the ability to farm adjoining or adjacent land.

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C9 A dwelling house and all ancillary development on a lot in the following zones must have a setback from the boundary with a primary road that is not a classified road of at least the following:

(a) If the lot is in Zone RU1, RU2 or RU6 – 50m

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C10 A dwelling house and all ancillary development on a corner lot must have a setback from a boundary with a secondary road that is not a classified road of at least the following:

(a) If the lot is in Zone RU1, RU2 or RU6 – 10m

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C11 A dwelling house or outbuilding must have a setback of at least 250m from a boundary with adjoining land being used for any of the following:

(i) Forestry

(ii) Intensive livestock agriculture

(iii) Intensive plant agriculture

(iv) Mines and extractive industries

(v) Railway lines

(vi) Rural industries

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C12 Variations to the minimum setback can be considered where it can be shown that the agricultural potential of the land will be protected taking into account alternative measures such as landscaping or other relevant factors.

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Rural Dwellings

O1 Ensure that dwellings in rural areas are compatible with the rural landscape.

O2 Encourage dwellings and outbuildings to be located in clusters.

O3 Encourage energy efficient dwellings.

C1 Avoid prime productive lands and prominent hill and ridgeline locations especially where alternative, more suitable locations are available.

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C2 Locate dwellings either within a predetermined building envelope, or in a location that is suitable for construction, being free from contamination and capable of accommodating a sewage management system.

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C3 The scale, footprint and height of dwellings is to be such that buildings recede in to the landscape and do not distract from skyline views or views that are part of the visual backdrop of the area. Orientate dwellings to maximise the northern aspect of living areas.

C8 Traditional rural fencing, such as post and wire are encouraged. Use vegetation barriers where needed to provide visual screening between adjoining properties.

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C4 Materials and finishes are to be non-reflective. Low intensity colours (lighter tones) are generally preferred.

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C5 Outbuildings are to be located close to the main dwelling and to the rear when viewed from the nearest road so as to appear as a ‘homestead group’ of buildings.

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C6 Driveways are to follow natural contours where possible. Avoid unreasonably steep and visually intrusive driveways.

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C7 Native vegetation is to be retained and embellished where possible. Dwelling construction should not disturb remnant vegetation.

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C9 Rural workers dwellings and secondary dwellings should:

• be situated on the same legal title as the principal farm dwelling

• share the same road access, power and communication infrastructure as the principal farm dwelling (as should secondary dwellings)

• be located within reasonable proximity to other farm buildings (e.g. within 300 m), and,

• be appropriately separated from farm boundaries and potentially conflicting land uses (e.g. intensive livestock operations, livestock yards, dairies and the like)

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ý 9.1.5 R3 Zone – Staunton Estate

Site cover

O1 Ensure adequate areas for access, parking, landscaping, useable garden and outdoor areas and natural runoff.

C1 Maximum site cover is 65% of the lot area including outbuildings.

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Private open space

O1 Provide quality, useable private open space

O2 Ensure adequate areas for recreation and outdoor living.

O3 Encourage good connection between dwellings and private open space.

C1 Minimum private open space provision must meet the minimum size provision in Table 9.1.5.2 below. These provisions must be read in conjunction with the additional controls detailed below Table 9.1.5.2.

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C2 The location and design of private open space must:

• Be directly accessible from a habitable room other than a bedroom;

• Have a minimum width of 3m;

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C3 A balcony, deck, patio, terrace or verandah with a finished floor level of more than 2m above existing ground level must not exceed 2m in depth and 8m2 in area. Variations in dimensions or area may be considered where site characteristics allow and where adequate privacy protection measures such as screening devices are included.

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Front and secondary setbacks for dwellings

O1 Encourage uniform building lines that correspond to the built setbacks and patterns of neighbouring buildings.

O2 Encourage attractive residential streets and quality public domain.

O3 Maintain lines of sight for vehicle safety.

C1 Minimum front and secondary setbacks are to be in accordance with Tables 9.1.5.3a and 9.1.5.3b below.

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Side boundary setbacks for dwellings

O1 Ensure new development continues the rhythm or pattern of development in the locality.

C1 The side boundary setbacks provisions are detailed in Table 9.1.5.4 below. These setback provisions must be read in conjunction with the additional controls detailed below Table 9.1.5.4.

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C2 The length of walls built to a side boundary must not be greater than 21m or 70% of the length of the boundary, whichever is the lesser.

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Rear boundary setbacks for dwellings

O1 Encourage uniform building lines that correspond to the built setbacks and patterns of neighbouring buildings.

O2 Maintain lines of sight for vehicle safety.

O3 Provide a consistent and attractive streetscape to laneways and space for rear detached garages

C1 Rear boundary setbacks for dwellings are to be in accordance with Table 9.1.5.5 below.

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Rear boundary setbacks to laneways for outbuildings

O1 Encourage uniform building lines that correspond to the built setbacks and patterns of neighbouring buildings.

O2 Maintain lines of sight for vehicle safety.

C1 Rear boundary setbacks to laneways for outbuildings are to be a minimum of 500mm.

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C2 Access to laneways must demonstrate that the turning circle is in compliance with the Australian Standards.

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Building articulation

O1 To ensure building facades are articulated to complement and enhance the streetscape and neighbourhood character.

O2 To encourage contemporary and innovative design to establish a preferred neighbourhood character in new and transitional residential areas.

C1 For lots less than 8m wide; and

For lots more than 10m wide:

Each dwelling must have a front door and a window to a habitable room in the building wall that faces a primary street.

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C2 For lots between 8m and 10m (inclusive) in width, each dwelling must have a defined entry point using building elements or articulation in the elevation that faces a primary street. Where possible, windows to a habitable room should also be provided along the front elevation. A high level of visual articulation should be provided to reduce the visual bulk of any garage.

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C3 Houses on corner lots are to ensure an acceptable address to both frontages. Continue materials around the corner to the secondary road so that the building “turns the corner”.

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C4 Use articulation to avoid excessively long blank walls.

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C5 An articulation zone may be incorporated that extends 1.5m forward of the front building setback. The maximum total area of building elements (a) to (d) - detailed below - in the articulation zone must not be more than 35 percent of the area of the articulation zone.

(a) an entry feature or portico,

(b) a balcony, deck, patio, pergola, terrace, verandah,

(d) bay window or similar,

(e) an awning or other feature over a window,

(f) a sun shading feature.

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Outbuildings

O1 Minimise the visual dominance of outbuildings in the streetscape.

C1 The maximum footprint for outbuildings in 45m².

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C2 For lots 8m to 12m wide (inclusive) and where the garage opening is facing onto a secondary frontage, the total width of garage door openings must not exceed 5.4m.

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C3 For lots less than 8m in width with an accessible rear lane, any vehicular access is to be from the rear. For lots where both side and rear access is available, vehicular access can be provided from the side as an alternative to rear access provided it is in accordance with C2 above.

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Ancillary Development (excluding outbuildings)

O1 Minimise the visual dominance of ancillary development in the streetscape

C1 Ancillary development located at the front of dwellings/sites must not extend forward of the front of the face of the forward-most wall of the dwelling enclosing a habitable room. In all instances, ancillary development shall not encroach into the required front setback. Except as permitted by Section 9.1.5.7.

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C2 For lots 8m to 12m wide (inclusive) where the garage opening is to a primary frontage, the total width of the garage door opening must not exceed 5.4m. For garages in these circumstances, a high level of visual articulation should be provided to reduce the visual bulk of the garage. Where possible, windows to a habitable room should also be provided along the front elevation.

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C3 For lots 8m to 12m wide (inclusive) and where the garage opening is facing onto a secondary frontage, the total width of garage door openings must not exceed 5.4m.

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C4 For lots more than 12m wide and where the garage opening is facing onto a primary frontage, the total width of garage door openings must not exceed 6m.

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C5 For lots less than 8m in width with an accessible rear lane, any vehicular access is to be from the rear. For lots where both side and rear access is available, vehicular access can be provided from the side as an alternative to rear access provided it is in accordance with C3 above.

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Privacy

O1 Ensure privacy within new developments, and avoid potential impacts to existing properties.

O2 Ensure adequate acoustic privacy within dwellings.

C1 Visual privacy protection must be provided for any part of the window less than 1.5m above finished floor level, if;

(a) The window is to a habitable room with a finished floor level more than 1m above existing ground level, and the window has a sill height less than 1.5m above finished floor level, and the window faces a side boundary and is less than 3m from that boundary.

(b) The window is to a habitable room with a finished floor level more than 3m above existing ground level, and the window has a sill height less than 1.5m above finished floor level, and the window faces a side boundary and is between 3m and 6m from that boundary.

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C2 Visual privacy protection may be achieved by options including, but not limited to:

(a) Window location—primary windows to habitable rooms are located and designed to provide an outlook to the front and rear setbacks, not the side boundaries.

(b) Layout and separation—offsetting windows from the windows of the adjoining dwelling to limit views between the windows.

(c) Architectural design solutions and devices—redirecting and limiting sightlines using deep sills with planter boxes, fixed horizontal or vertical louvres, or other screening devices set off the windows

internally or externally.

(d) Glazed opening windows—using windows with obscure glazing to a height of 1.5m above floor level and fitted with a winder mechanism to control the maximum angle of the opening to limit views.

(e) Glazed fixed windows or high sills—using fixed windows with obscure glazing in any part of the window below 1.5m above floor level, or window sill heights of 1.5m above floor level.

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C3 Windows to bathrooms and toilet areas are to have obscure glazing where these have a direct view to, and from, habitable rooms and private open space on adjoining and adjacent properties.

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C4 Architectural design solutions and screening devices referred to in C1 and C2 above are to be integrated with the overall design and contribute to the architectural merit of the building, having particular regard to the appearance of the building including:

(a) Impacts on visual bulk;

(b) Compliance with minimum boundary setback controls; and

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¨ 9.2.1 Site layout

O1 Encourage site responsive development that is compatible with existing or desired built form.

O2 Facilitate sustainable development through passive solar design.

O3 Integrate landscaping and built form.

O4 Encourage designs which respond to the physical context and characteristics of the particular site.

O5 Encourage design that maximises the opportunity for passive surveillance of communal spaces from private living areas.

C1 Use site characteristics such as trees, changes in level or rock outcrops as features within the site layout.

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C2 Integrate access, landscaping and services in the site layout, avoiding underutilised spaces.

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C3 Orient living spaces to maximise solar access.

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C4 Facilitate natural cross ventilation within dwellings through the location of windows and doors.

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¨ 9.2.2 Streetscape

O1 Encourage compatibility with existing built form.

O2 Encourage attractive streetscapes.

O3 Ensure a strong street edge with good definition between the public and private domain.

O4 In locations where front fences are an important feature of the established streetscape, ensure that new fences complement the character of the streetscape.

C1 Provide a street address and front elevation that is consistent with the predominant scale, rhythm and form of the street.

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C2 Front fence height forward of the building line is not to exceed 1200mm. However, a side boundary fence forward of the building line may be permitted to taper from the maximum permitted height (1.8 metres) at the building line down to the 1200mm maximum permitted height at the front boundary.

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C3 Fence height at and behind the building line is not to exceed 1800mm in height.

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C4 The majority of windows in dwelling wall which face the street should be windows of habitable rooms.

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ý 9.2.3 Corner lots and secondary facades

O1 Encourage development on corner sites to respond to all street frontages.

Note: this objective relates to both building lines and fences.

C1 Houses on corner lots are to ensure an acceptable address to both frontages. Continue materials around the corner to the secondary road so that the building “turns the corner”.

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C2 Use articulation to avoid excessively long blank walls.

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C3 A fence on the secondary frontage is permitted to have a height not exceeding 1800mm except in the following circumstances where its height is not to exceed 1200mm:

• Where it enters and is within the building line of the primary road - within the building line a fence will be permitted to taper down from 1800mm maximum permitted height to the 1200mm maximum permitted height at the primary road boundary”

• Where a dwelling “addresses” the secondary road

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¨ 9.2.4 Sloping sites

O1 Encourage site responsive development.

O2 Encourage building design that is appropriate to the site conditions.

O3 If an alternate design is possible, avoid development that would require cutting into the site.

C1 Use pier, split level or suspended floor designs on sloping sites.

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WWDCP 2010 encourages site-responsive developments and building designs that are appropriate to the site conditions. Site is generally flat and no pier or split-level design will be required.

¨ 9.3.1 Site area per dwelling

O1 Ensure adequate area to provide separation between buildings, landscaping and private open space.

O2 Maintain development patterns that are compatible with the established character of established residential areas.

O3 Encourage maximum utilisation of land in the R3 Zone.

C1 The minimum area of any site in an R1 Zone on which development is carried out is to be in accordance with Table 9.3.1a.

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C2 The maximum site of any land in an R3 Zone on which development is carried out is to be in accordance with Table 9.3.1a.

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C3 On larger sites the site area per dwelling may be distributed to provide a range of lot sizes, and to respond to site conditions and context.

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¨ 9.3.2 Site cover

O1 Ensure that development sites are of sufficient size for dual occupancy, multi dwelling housing and residential flat developments.

O2 Ensure adequate areas for access, parking, landscaping, useable garden and outdoor areas and natural runoff.

O3 Retain compatibility with site context and avoid over development resulting from excessive site cover.

C1 Maximum site cover is to be in accordance with Table 9.3.2a.

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¨ 9.3.4 Solar access

O1 Ensure that the amenity of the occupants of dwellings is achieved by designing so that they receive adequate daylight and natural ventilation to habitable rooms and sunlight to private open space areas.

O2 Ensure non-habitable rooms such as garages, laundries and bathrooms are positioned so that living areas, open space and habitable rooms receive maximum winter solar access and ventilation.

O3 Maintain reasonable sunlight access to adjoining properties.

C1 Locate garages, laundries and bathrooms to provide insulation from western sun.

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C2 Locate living areas and private open space to ensure orientation to the north and north east where possible.

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C3 Building design and site layout is to ensure adequate sunlight access to the internal living spaces and private open space of the proposed development.

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C4 Variations can be considered to C1, C2 and C3 where it can be demonstrated that site constraints, existing built form and good design practices limit the ability of the proposal to comply with these controls.

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C6 For any adjacent dwellings that have north facing living areas, maintain 3 hours sunlight access to the windows of the living areas between 9am and 3pm in mid-winter (June 22).

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C7 Variations to C6 above can be considered where it can be demonstrated that any form of reasonable development on the lot would cause non-compliance with C6. In this instance the impacts are to be minimised where possible.

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C8 Proposed development design should take into account the location of any adjacent private open space and avoid excess overshadowing of that space.

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¨ 9.3.5 Private open space

O1 Provide quality, useable private open space.

O2 Ensure adequate areas for recreation and outdoor living.

O3 Encourage good connection between dwellings and private open space.

C1 At least 24m2 of private open space is required per dwelling. The private open space is to be directly accessible to the main living area and have a minimum dimension of 4m.

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C2 Enclosure of approved private open space will be permitted, however at least one side of the approved private open space is to remain open. Roofing of approved private open space is permitted provided that BASIX requirements are not compromised.

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C3 Use screening where necessary to ensure the privacy of private open space areas.

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¨ 9.3.6 Front setbacks

O1 Encourage uniform building lines that correspond to the built setbacks and patterns of neighbouring buildings.

O2 Encourage attractive residential streets and quality public domain.

O3 Ensure that new developments complement the established built patterns

O4 Maintain lines of sight for vehicle safety.

C1 Minimum front setbacks for residential development (site area smaller than 2000m2):

Primary frontage to a main or arterial road 9m #

Primary street frontage (other roads) 6m #

Secondary frontage (corner site) 3m

# - For residential accommodation in R3 Zones a minimum setback of 3m may be considered.

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C2 In the older areas of Wagga Wagga front setbacks are typically 7.5m. where the setback of existing adjoining buildings is greater than 6m increase the front setback to the setback of the adjoining building closest to the street boundary.

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C3 The front elevation of a dwelling as visible from a public road shall include at least one change in plane of the dwelling wall (that encloses a habitable room) of a minimum of 500mm. The front of the garage shall not protrude in front of the face of the forward most wall of the dwelling enclosing a habitable room. In all instances, the garage shall not encroach on the front setback identified under C1.The forward most part of a building/dwelling wall shall not project forward of the building line. Refer to diagrams opposite.

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C4 Variations to the minimum setback can be considered in the following circumstances:

• Within Urban Release Areas where it can be demonstrated that the reduced setback will be generally consistent with the character of the area or likely or desired future character of the area consistent with those generally allowed under the SEPP (Exempt and Complying Code) 2008 or relevant Code at the time of lodgement of a development application.

• Areas where it can be demonstrated that the setback is consistent with neighbouring properties. This situation is typical to older established areas of Central Wagga and large lot residential land.

• Corner lots where it can be demonstrated that the reduced setback on either or both frontages provides a more attractive streetscape without impacting unreasonably on the amenity of the neighbouring properties. This is relevant to designs that address both frontages without boundary fencing.

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¨ 9.3.7 Side and rear setbacks

O1 Ensure adequate separation between buildings for landscaping, privacy, natural light and ventilation.

O2 Ensure new development continues the rhythm or pattern of development in the locality.

O3 Provide access for maintenance.

O4 Building setbacks from the side and rear boundaries shall have careful regard to the impact of proposed structures on adjoining landowners.

C1 The rear setback for detached secondary dwellings is determined by site conditions and the setbacks of similar structures on adjoining and nearby sites.

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C2 Any point of a building must have a setback from the side boundary nearest to that point of at least:

a) If the lot is in Zone R5 a setback of 2m, or

b) If the lot is in Zone RU1, RU2 or RU4 a setback of 10m.

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The applicant seeks variation to the 2m side setback requirement for the R5 zone. The proposed dwelling has been designed with a 1m setback to the southern boundary. The applicant has provided a justification for the variation, summarised as follows:

· The reduced setback will increase area available along the northern boundary for vehicular access.

· No adverse or unacceptable impacts are anticipated with regard overshadowing, acoustic or privacy to the allotments adjoining to the south due to the easements (including Right of Carriageway) that exist over the adjoining land (see earlier diagram).

Consideration has been given to the objectives of the controls under this section of the DCP which are detailed below:

O1 Ensure adequate separation between buildings for landscaping, privacy, natural light and ventilation.

Comment – The configuration of the adjacent properties will ensure that the proposed dwelling will not impact on their opportunity for landscaping, privacy, natural light and ventilation.

O2 Ensure new development continues the rhythm or pattern of development in the locality.

Comment – The site is unique given the historical subdivision pattern and the resulting lot configuration (see earlier diagram). Despite this, the proposed development is characteristic (scale and form) of dwellings currently being developed within this area.

O3 Provide access for maintenance.

Comment – The proposed setback will allow for maintenance along the southern boundary of the property.

O4 Building setbacks from the side and rear boundaries shall have careful regard to the impact of proposed structures on adjoining landowners.

Comment – The properties to the south are unique as they front onto a Right of Carriageway that runs along the side boundary of the development site. The right of carriageway and the front setbacks proposed for the adjacent dwellings will ensure that there is an appropriate buffer and that the proposed dwelling will not result in unacceptable amenity impacts.

It is recommended that the variation be supported for the following reasons:

· Lots located south of the property has an adequate physical and visual separation form the proposed dwelling due to the existing easement and driveway. Approved dwelling designs for 120 and 122 Lakehaven Drive were considered as part of the assessment and no privacy or visual impacts will be anticipated.

· The reduced side setback will not compromise physical and visual separation of proposed dwelling with adjoining future dwellings for maintenance, landscaping, privacy, natural light and ventilation.

· The development remains consistent with the objectives of the controls.

· Strict compliance with the control is considered unreasonable give these circumstances.

· Having regard to the overall assessment of the application under section 4.15 of the Act.

¨ 9.4.1 Building elements

O1 Encourage quality and visually interesting buildings through the use of building elements.

O2 Facilitate passive solar design principles.

C1 Use verandahs or pergolas to link internal and external living areas.

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C2 Porches are to be integrated into the building design, and are to be used to create a sheltered and clearly visible entry.

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C3 Locate ancillary components such as aerials, satellite dishes, air conditioning units and the like so they are not visible from the street.

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C5 Secondary dwellings are to appear as a single occupancy from the public domain.

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¨ 9.4.2 Materials and finishes

O1 Encourage the use of external materials and finishes that are suited to their location and support consistent quality streetscapes.

O2 Encourage use of materials that have good thermal performance.

O3 Promote the use of materials that are climate responsive and contribute to innovative building design.

O4 Discourage corporate colours in building facades.

C1 Select materials for their environmental performance, durability, detail and appearance to achieve quality appearance.

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C2 Avoid large unbroken expanses of any single material.

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C3 Minimise use of highly reflective or glossy materials on building exteriors.

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C4 Use contrasting materials in combination with design elements for features such as corner elements.

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¨ 9.4.3 Privacy

O1 Ensure privacy within new developments, and avoid potential impacts to existing properties.

O2 Ensure adequate acoustic privacy within dwellings.

C1 Offset windows, balconies and private open space areas between adjoining dwellings.

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C3 Screening is required where there is direct line of sight between neighbouring balconies or private open space areas, or between windows and door openings of habitable rooms.

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¨ 9.4.4 Garages, carports, sheds and driveways

O1 Minimise the visual dominance of garages and driveways in the streetscape.

O2 Where possible, locate garages so as to assist in protecting dwellings from early morning and late afternoon summer sun.

C1 Where garage doors form part of the facade of a dwelling fronting a public road

- the garage door is to be:

less than 50% of the width of the house*

no wider than 6m #

maximum 2.4m high #

- double garages are only permitted on lots 12.5m wide or greater*

- single fronted tandem garages with one space behind the other are permitted

* - Variations to these controls may be considered for multi storey dwellings

# - Variations to these controls may be considered where the setback of the dwelling exceeds 10 metres.

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C2 Garages, carports and sheds that open up to a laneway must be setback a minimum of 1m from the property boundary.

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C3 The floor area of an outbuilding on a residential lot must not be more than the following:

(a) 8% of the site area if the lot has an area of less than 600m2,

(b) 8% of the area or a maximum area of 175m2, whichever is the lesser, if the lot has an area of at least 600m2 but less than 4000m2,

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C4 The total cumulative floor area of all outbuildings on any one property shall not exceed 8% of the site area or a maximum area of 300m2, whichever is the lesser.

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C5 Sheds may only be erected on residential land where a dwelling house is constructed or under construction and must be used for purposes ancillary to the residential use of the land.

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The proposal does not comply with the Control C6 as the applicant proposes 5.447m high detached garage. The applicant has provided the below justification for the variation.

The proposed garage finished height is 5.447m is to enable secure parking of applicant’s motor home on this R5 large lot site. Locating this structure to the rear of the proposed dwelling (significantly setback form the street) and that the front boundary is narrow /restricted minimises the visual impact of garage structure from the road reserve. Within the neighbourhood /Locality there are several existing large outbuildings in floor areas as well as height exceeding 4.8m. Therefore, it is considered that the detached garage would be in keeping with the aesthetic of the surrounding development.

It is satisfied that the variation requested will have negligible amenity and visual impacts on surrounding properties, is in keeping with the desired future charter of the area and is also consistent with the objectives of this section of the DCP which are:

O1 Minimise the visual dominance of garages and driveways in the streetscape.

O2 Where possible, locate garages so as to assist in protecting dwellings from early morning and late afternoon summer sun.

It is recommended that the variation be supported for the following reasons:

· The proposed detached garage is located behind the main dwelling and barely visible when viewing from Lakehaven Drive due to the setbacks and future dwellings on adjoining lots.

· The proposed height and roof pitch of the detached garage is consistent with the roof pitch and height of the proposed dwelling and will have negligible visual impacts.

· The design of the proposed garage complies with other controls under this section.

· The development remains consistent with the objectives of the controls.

· Strict compliance with the control is considered unreasonable give these circumstances.

· Having regard to the overall assessment of the application under section 4.15 of the Act.

C7 An outbuilding shall not be located in front of the main building line. Variations may be considered for a balcony, deck, patio, pergola, terrace or verandah.

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¨ 9.4.5 Site facilities

O1 Ensure site facilities are integrated into site design, and are convenient, visually discreet and easy to maintain.

O2 Encourage an attractive residential setting and quality public domain.

O3 Minimise duplication of trenches for services and the like.

C3 Locate mail boxes so that they are clearly visible from the street or main entry. The plans are to include details of the location for letter boxes and any associated shelter structure.

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C4 Garbage areas are to be easily accessible within the site, and are to have adequate lighting. The area should be visually screened from adjoining developments and public spaces.

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C5 Provide an external drying area in an area that receives reasonable solar access. The drying area is to be screened from the street or adjoining public spaces.

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¨ 9.4.6 Changing the landform – cut and fill

O1 Encourage site responsive development and protect the amenity of adjoining land.

O2 Avoid excessive earthworks and minimise changes to the natural landform.

O3 Encourage site layout and building design that is appropriate to the site conditions, including use of split levels, pier foundation or suspended floor house designs.

O4 Avoid adverse impacts on salinity by minimising the potential for surface water to enter the groundwater in recharge areas.

O5 Avoid inappropriate fill being introduced to sites.

O6 Ensure adequate provision of drainage in relation to cut and fill practices.

C1 Excavation is not to exceed a maximum depth measured from ground level (existing) as follows:

(a) If located no more than 1m from boundary – 1.5m, and

(b) If located more than 1m but not more than 1.5m from any boundary – 2m, and

Any depths and/or setbacks outside of the above may only be considered where there is no unreasonable or unacceptable impact on the amenity of the adjoining properties (direct overlooking and loss of privacy, overshadowing to areas of principal private open space and living areas).

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C2 Fill is not to exceed:

(a) 1.5m above ground level (existing), and

(b) Must be contained by either:

(i) A retaining wall or other form of structural support that does not extend more than 1.5m from the closest external wall of the dwelling house, or

(ii) An unprotected sloping embankment or batter that does not extend from the dwelling house by more than 3m, in which case the toe of the embankment or batter must be more than 1m away from a side or rear boundary.

Variations to the above setbacks can be considered where the applicant can demonstrate that there is an acceptable impact on the amenity of the adjoining properties (privacy, overshadowing).

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C3 Retaining walls and support for earthworks that are more than 600mm above or below ground (existing) and within 1m of the boundary or more than 1m above the ground level in another location, must take the form of a retaining wall or other form of structural support that:

(a) has been certified by a professional engineer, and

(b) has adequate drainage lines connected to the existing stormwater drainage system for the site, and

(c) does not result in any retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion is:

(i) more than 1.5m in height and within 1m from a side or rear boundary, or

(ii) more than 3m in height at any other location.

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C4 Retaining walls are not to be located within the easement. The retaining wall shall be located outside the easements zone of influence.

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C5 No cut or fill to take place within easements.

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C6 To encourage site responsive development, excavation and retaining walls greater than that specified in C1 to C3 above can be considered where the design responds to the slope (or incorporates split levels). The additional retaining wall height is to facilitate basements, garages or the like at the lower level. The excavation is to be adequately retained and drained, in accordance with approved engineering details.

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C7 Where achievable, any proposed dwelling is to be designed incorporating retaining walls and fill within the dwelling. Should the provision of retaining walls and fill not be achievable within a proposed dwelling due to demonstrated site constraints they should be located as close to the proposed dwelling as is possible, to minimise the impact on the amenity of the adjoining properties.

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C8 All retained material is to have a gradient of at least 5%.

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C9 Fill material is to be substantially from the site only. Imported fill material is not encouraged.

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C10 Cut and fill outside the building envelope is not to exceed 600mm.

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C11 Stormwater or surface water runoff is not to be redirected or concentrated onto adjoining properties so as to cause a nuisance. Adequate drainage is to be provided to divert water away from batters.

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C12 Earthworks should not be carried out within the angle of repose of adjoining property. Unless such works are supported by certified structural engineer reports and do not impact on neighbouring property.

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ý 14 Boorooma Urban Release Area

Site Topography and Landscape Character

O1 To require new development to respond to site features including topography and vegetation.

O2 To avoid adverse impact upon all land with development limitations.

C2 Protect sloping land and rocky outcrops as visual features of Boorooma.

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Natural Resource Management

O1 To ensure trees and vegetation that contribute to the environmental and amenity value of the locality and region are preserved.

O4 To enhance the landscape, cultural and ecological qualities of Boorooma

O6 To comply with the Biodiversity Certification Report.

C2 Compensatory tree plantings must use a minimum 10:1 ratio of trees planted to trees removed for each native tree to be removed, and revegetation and landscaping should use locally native species from seed of local provenance.

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C5 Within the E4 Zone, building envelopes must include a 20 metre wide Asset Protection Zone and must be located to avoid mature trees with a diameter greater than or equal to 60cm (measured at 140cm from ground level). Such trees must be retained within the E4 Zone.

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C6 Within the E4 Zone, all trees containing hollows or with a diameter greater than or equal to 60cm (measured at 140cm from ground level) must be retained.

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Topography, views and setting (Note – this section relates to subdivision, however the following controls should be considered)

O1 Encourage site specific solutions and site responsive development.

O3 Design to maximise the natural features of the land.

O4 Protect the visual amenity of the natural ridgelines and historical landscapes.

C1 Any future development visible from the Olympic Highway must maintain a rural representation to the highway and preserve natural areas.

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C6 All trees with a diameter greater than or equal to 60cm (measured at 140cm from ground level) must be retained.

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Open Space, parks and the public domain (Note – this section relates to subdivision, however the following controls should be considered)

O2 To provide open space areas with natural surveillance from surrounding dwellings.

C2 Dwellings adjoining open space must front that open space.

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Design Principles

P1 Use passive solar design principles to maximise thermal performance for good internal amenity.

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P2 Select materials to support good thermal performance and maximise the sustainability of the design.

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P3 Achieve a density and scale that reflects the zone and proximity of the site to transport, shops, schools or community uses.

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P4 Implement resource reuse.

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P5 Building siting, footprint, scale and bulk should be compatible with adjoining development and the established or intended built form.

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P6 Integrate building design and landscaping with north facing internal living areas that link to quality private open space.

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P7 Development design shall respond to the issues highlighted in the site analysis, taking advantage of natural features, minimising potential impacts to neighbours and achieving compatibility with neighbourhood character. Respond to constraints including road noise from the Olympic Highway

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P8 Minimise changes to the natural landform, especially in environmentally sensitive or visually prominent areas.

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P9 Visual and acoustic privacy are important for good residential amenity. When designing new developments care should be exercised to ensure that impacts on the privacy of adjoining developments is minimised when designing new development and to ensure the privacy of occupants of the new development.

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P10 Provide an attractive street address that integrates the public and private domain through landscaping and attractive fencing.

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Site context and layout

O1 Encourage site responsive development that is compatible with existing or desired built form.

O2 Facilitate sustainable development through passive solar design.

O3 Integrate landscaping and built form.

O4 Discourage use of predetermined design concepts.

O5 Protect the visual amenity of the natural ridgelines and historical landscapes.

C1 Incorporate site characteristics such as trees, changes in level or rock outcrops as features within the site layout.

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C2 Integrate access, landscaping and services in the site layout, avoiding “left over” or wasted spaces.

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C3 Orient dwellings so that living areas face north with direct connection to private open space.

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C4 Facilitate natural cross ventilation within dwellings through the considered location of windows and doors.

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C5 Maximise natural surveillance of common areas by orienting living areas with views over common spaces.

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C6 Any future development visible from the Olympic Highway must maintain a rural presentation to the highway and preserve natural areas.

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Streetscape Refer to WWDCP 2010 Sections 9.2.2 and 9.2.3.

Corner lots and secondary facades Refer to WWDCP 2010 Section 9.2.3.

Sloping sites

O1 Encourage site responsive development.

O2 Encourage building design that is appropriate to the site conditions.

C1 Use pier, split level or suspended floor designs on sloping sites.

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Land area per dwelling

O1 Ensure adequate area to provide separation between buildings, landscaping and private open space.

O2 Maintain development patterns that are compatible with the established character of established residential areas.

O3 Encourage maximum utilisation of land in the R3 Zone.

C1 The minimum development area is to be in accordance with Table 9.3.2a in the WWDCP 2010.

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C2 On larger sites the land area per dwelling may be distributed to provide a range of lot sizes, and to respond to site conditions and context.

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Site cover Refer to Section 9.3.2 of the WWDCP 2010.

Solar access (also refer to Section 9.3.4 of the WWDCP 2010)

O1 Ensure that the amenity of the occupants is achieved by designing so that they receive adequate daylight and natural ventilation to habitable rooms and sunlight to private open space areas.

O2 Maintain reasonable sunlight access to adjoining properties.

C1 For single dwellings, dual occupancies, secondary dwellings & shop top housing the windows to the main internal living area and at least half the private open space are to receive a minimum 3 hours direct sunlight between 9am and 3pm in mid-winter (June 22).

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Private open space Refer to Section 9.3.5 of the WWDCP 2010.

Front setbacks Refer to Section 9.3.6 of the WWDCP 2010.

Side and rear setbacks Refer to Section 9.3.7 of the WWDCP 2010.

Building elements Refer to Section 9.4.1 of the WWDCP 2010.

Materials and finishes Refer to Section 9.4.2 of the WWDCP 2010.

Privacy Refer to Section 9.4.3 of the WWDCP 2010.

Garages and driveways Refer to Section 9.4.4 of the WWDCP 2010.

Site facilities Refer to Section 9.4.5 of the WWDCP 2010.

Landscaping Refer to Sections 2.4 and 5.2 of the WWDCP 2010.

Fencing

O1 Protect the visual amenity and aesthetics of the locality by encouraging fencing that is in context with the location.

O2 Provide fencing which achieves appropriate visual and physical separation between private and public land.

C1 Dwellings adjoining open space must front the open space, and fencing must include only 600mm solid or transparent material.

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C2 Rural style fencing post and wire shall be used for any dwelling adjoining land zoned E4 Environmental Living.

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C3 Lots that have secondary frontage to Farrer Road require screen landscaping of their side boundary to ensure suitable visual presentation to and privacy from Farrer Road.

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ý 15 Lloyd Urban Release Area

Topography and landscape character

O1 Protect the landscape character of Lloyd and land immediately abutting it by means of appropriate landscape separation.

O2 Encourage subdivision and development to create vistas on the lower slopes where possible.

C5 The landscaped buffer strip established as part of the Deed of Agreement, shall be replenished by the owner of the affected allotment, to replace any identified lost plantings on affected allotments to the south of stages 14 and 15. The works shall be completed prior to the release of the subdivision certificate.

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C6 A covenant shall be created over all allotments containing the landscaped buffer strip as required under the terms of the Deed of Agreement including all the lots west of Indigo Drive and the area immediately north of Senna Place, (shown shaded on Figure 3) which do not fall within the Lloyd Urban Release Area. The covenants shall be created over the subject allotments requiring the ongoing maintenance of the landscaped buffer by the landowner.

For all lots located immediately north of Senna Place and immediately south of the boundary of the Lloyd Urban Release Area (see shaded area west of Indigo Drive on Figure 3), in addition to the provisions of the Deed of Agreement referred to in C4 above, all provisions elsewhere in this DCP applying to land zoned R5 Large Lot Residential, apply.

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Environmental conservation and natural resources management

O1 Ensure trees and vegetation contributing to the environmental and amenity value of the locality and region are preserved.

O2 Maintain and enhance the ecological values of waterways and wetlands, including water quality, stream integrity, biodiversity and habitat, within the Lloyd Urban Release area.

O3 Maintain and enhance riparian buffers to preserve the environmental values associated with waterway and wetlands, having specific regard to fauna and flora habitats and ecosystems, stream integrity (including erosion management), land use impacts and recreational/visual amenity.

O4 Protect and manage biodiversity in and adjacent to urban areas.

O5 Comply with the Biodiversity Certification Report.

C1 All development requiring development consent is to be in accordance with the Lloyd Urban Release Area Conservation Management Plan.

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C2 All construction and management activities are to be in accordance with the Lloyd Urban Release Area Conservation Management Plan recommendations.

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C3 Development applications in the area zoned R1 General Residential are to identify and set aside for protection and management the trees in the area of identified Squirrel Glider habitat falling outside the E2 zone at Lloyd (shown in Figure 4 and 5).

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C4 In addition to complying with the requirements of the Companion Animals Act 1998, owners of domestic cats resident in the Lloyd Urban release area to manage their cats so that they are not to roam freely outdoors between sunset and sunrise. In this regard Council will, as a condition of development consent, require the imposition of a Section 88B Restriction On Use for all residential subdivisions within the Lloyd Urban Release Area.

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Salinity Management

O1 Encourage Salinity Sensitive Urban Design.

O2 Minimise the volume of surface water subject to infiltration and subsequent deep drainage by maximising surface water drainage across the entire Lloyd area.

O3 Minimise earthwork based disturbance to existing undeveloped areas.

C2 Development on land zoned R1 General Residential within the Lloyd Urban Release Area must conform with the 80:20 impervious to pervious development ratio (see Appendix 2 map).

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C5 All impervious areas on individual house lots must be drained into the internal stormwater system and directed to the piped stormwater system.

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C11 Built features must be drained to stormwater rather than to lawn or other pervious areas.

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C12 All planned and future impervious areas included in the 80:20 ratio (impervious : pervious) are to be drained to stormwater.

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C17 Gardens calculated towards impervious surface in the release area must have an impervious liner and be drained to Council’s storm water system.

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C18 Residential development within the release area must feature predominantly native or ‘water wise’ gardens to help reduce urban recharge significantly OR the use of rock style gardens utilising low water use plant varieties as an alternative ‘water wise’ option where the garden is calculated towards pervious surface.

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C19 Rock gardens and similar decorative gardens are to have impervious liners drained to the storm water system.

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C20 All gardens and landscaping should be constructed and maintained using the landscaping and garden design guidelines available from the Council and approved for the Lloyd release area. The guidelines demonstrate how the 80:20 rule can be maintained for the minimising of infiltration of water to the groundwater table.

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C21 Fixed irrigation systems between the front property boundary and the road reserve are not permitted. This area is to be impervious and will not require watering.

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C22 Grey water reuse systems are not appropriate within the Lloyd urban release area.

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Bushfire Management in Lloyd

O1 Ensure appropriate relationships between asset protection zones on residential land that adjoins land zoned for Environmental Conservation.

O2 Avoid adverse impacts from adjoining development on land in the E2 Environmental Conservation zone.

C1 Asset Protection Zones are to be wholly within the development lot.

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C2 If the Asset Protection Zone cannot be located wholly within the Residential zone, the APZ can extend into the E2 zone provided that that no trees are removed in that zone.

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C3 The location of building envelopes within Residential zones that adjoin Environmental Protection zones must consider the potential impact of the associated asset protection zone (APZ) on the adjacent E2 zone.

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Acoustic Environment

O1 Avoid adverse impacts from road or rail noise.

C1 Dwellings must be set back at least 60m from the centre line of the Great Southern Railway line, and must be set back at least 40m from the centre line of Red Hill Road, as shown by the Open Space plan in Appendix 3.

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Site cover and landscaped area

O1 Achieve a site cover of 80:20 impermeable to permeable ratio required to minimise infiltration of water to groundwater and thereby reduce salinity impacts.

C1 Site cover on all land zoned R1 is to achieve a minimum impermeable to permeable material ratio of 80:20, based on the various controls in this section.

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C1 Site cover on all land zoned R1 is to achieve a minimum impermeable to permeable material ratio of 80:20, based on the various controls in this section.

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C2 The large R1 zoned buffer lots in the western edge of the release area (adjoining Red Hill Road and the Great Southern Rail Line) and at the south western abutment of the Lloyd Urban Release Area with the R5 zoned land of Glenoak, are to have a maximum 1,000m2 development envelope nominated which will be requires to meet the 80:20 calculation. The remaining land, provided it is planted to 100% with native vegetation, will not be included in the 80:20 calculation as its infiltration rate will be the same or lower than the pre-development land.

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C3 Building envelopes shall be nominated on all lots within the R5 Large Lot Residential zone. No building envelopes shall encroach on any of the following:

• Existing or proposed service easements,

• An area that will require the removal of existing trees,

• Setbacks identified for the purposes of noise buffering,

• Land situated above the 280 metre AHD contour, unless the building envelope can be serviced with reticulated water and individual approval for each envelope has been obtained from the water supply authority in this regard,

• Land within 10 metres of the front boundary of the allotment or land within 10 metres of another building envelope, or

• Bushfire prone land.

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ý 16 Gobbagombalin Urban Release Area

Site Topography, Landscape Character, views and setting

O1 To require new development to respond to site features including topography, ridgelines and vegetation.

O2 To avoid adverse impact upon all land with development limitations.

C8 All native trees within residential lots must be retained, or offset planting carried out at the rate indicated in the Natural Resource Management section (page 15) of this Chapter.

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C9 Lots adjoining land zoned E2 should be of sufficient size that a dwelling and other buildings can be located where they will not be at risk of damage from falling trees or limbs from within the E2 zone.

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Heritage Conservation

O1 To protect Aboriginal cultural heritage values by responding to the archaeological sensitivity of the site.

C5 All other heritage items must comply with the relevant controls in Section 3 of WWDCP 2010.

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Open Space, parks and the public domain

O2 To provide open space areas with natural surveillance from surrounding dwellings.

C4 Dwellings adjoining an open space (other than those next to Harris Road) must front the open space and shall have the following restrictions enforced by a s88B instrument:

(i) Erect a fence along the boundary shared with the open space having:

(a) a height of not greater than 1.5m;

(b) not less than 50% of open/see through construction

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C5 Lots adjoining Harris Road shall be at least, 1000sqm in size and have the following restrictions enforced by a s88B instrument:

(i) Erect a fence along the boundary shared with Harris Road having:

(a) a height not greater than 1.5m;

(b) not less than 50% of open/see through construction

(ii) No dwelling shall be located within 10m of the Harris Road boundary.

(iii) All dwellings must have a ground floor verandah, porch, patio, pergola or deck on the side facing Harris Road.

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