NOTIICE OF MEE ETING hereby giv ven that a Planning Authority y Committtee meetinng of the Devonport D t Notice is h City Council will be b held in n the Cou uncil Cha ambers, on n Mondayy 11 Janu uary 2016,, commenc cing at 11:00am. he public a at 11:00am. The meetiing will be open to th QUA ALIFIED PERS SONS In accord dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.
Paul Westt GENERAL MANAGER R y 2016 6 January
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 11 JANUARY 2016 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
1.0
APOLOGIES ............................................................................................... 1
2.0
DECLARATIONS OF INTEREST ........................................................................ 1
3.0
DELEGATED APPROVALS Nil
4.0
DEVELOPMENT REPORTS .............................................................................. 2
4.1
PA2015.0152 - Residential (Pool Enclosure) - assessment against performance criteria under Clause 13.4.1, 13.4.2 and 13.4.3 - 195 Tugrah Road Tugrah (D399716) .......................................................................................................................................... 2
5.0
CLOSURE ............................................................................................... 23
PAGE 1 Planning Authority Committee meeting Agenda 11 January 2016
Agenda of a meeting of the Devonport City Council’s Planning Authority Committee to be held at the Council Chambers, Fenton Way, Devonport on Monday 11, January 2016 commencing at 11:00am. PRESENT Present Chairman
Apology
Ald S L Martin (Mayor) Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry
IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. Members of the public in attendance at the meeting who do not wish for their words to be recorded and/or published on the website, should contact a relevant Council Officer and advise of their wishes prior to the start of the meeting.
1.0 APOLOGIES 2.0 DECLARATIONS OF INTEREST
PAGE 2 Report to Planning Authority Committee meeting on 11 January 2016
4.0
DEVELOPMENT REPORTS
4.1
PA2015.0152 - RESIDENTIAL (POOL ENCLOSURE) - ASSESSMENT AGAINST PERFORMANCE CRITERIA UNDER CLAUSE 13.4.1, 13.4.2 AND 13.4.3 - 195 TUGRAH ROAD TUGRAH File: 31768 D399716
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Apply and review the Devonport Interim Planning Scheme as required to ensure it delivers local community character and appropriate land use
Strategy 2.1.2 Provide high quality, consistent and responsive development assessment and compliance processes
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2015.0152.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Lachlan Walsh Design Mr BJ Whyte & Mrs MJ Whyte Residential (pool enclosure) – assessment against performance criteria under Clause 13.4.1, 13.4.2 and 13.4.3 Residential Rural Living 12/01/2016
SITE DESCRIPTION The subject site is identified by Certificate of Title 156202/1 with the property address of 196 Tugrah Road, Tugrah. The subject lot comprises a land area of 8706m² and there is a recently constructed dwelling and gazebo located within the central third of the site. The title plan (reproduced on the next page) illustrates that the site is subject to a 10m wide right-of-way easement that burdens the property. Furthermore, a Part 5 Agreement pertains to the property. The agreement has a number of development controls which include bushfire provisions and ensuring development does not occur within 10m of the creek which bisects the northern neighbouring properties. For information purposes, the proposal does not contravene the Part 5 Agreement.
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PAGE 3 Report to Planning Authority Committee meeting on 11 January 2016
Title Plan of Subject Site - 156202/1
APPLICATION DETAILS The applicant is seeking approval for a covered pool enclosure. The enclosure is proposed to be located on the northern side of the existing house and is to be setback 1.5m to the northern side boundary. The pool enclosure will have a skillion roof and have an apex height of 4m. The approximate location of the pool enclosure is shown on the aerial image below along with a visual illustration of the development submitted by the applicant (Lachlan Walsh Design).
Approximate location of pool enclosure
Aerial image of site showing the approximate location of pool enclosure
ITEM 4.1
PAGE 4 nning Authority y Committee meeting m on 11 January 2016 Report to Plan
Visua al illustration n of covered d pool enclosure
PLANNING ISSUES The land is zoned Rural R Living g under th he Devonp port Interim m Planning Scheme 2013. 2 The e intent of tthe Rural Liiving zone is to provid de for resid dential use e or develo opment on n large lotss in a rurall setting where w serv vices are limited an nd to prov vide for c compatible e use and d amenity. developm ment that does d not adversely im mpact on residential r A ‘Residential’ use is ‘Permitte ed’ in the zzone provid ded all rele evant devvelopment standardss can be c complied with. w In instances w where this is not the case, and d a propossal cannott meet the appropria ate Accep ptable Solu utions (AS),, the relevant Perform mance Crriteria (PC) must be sa atisfied. In regard to the co overed poo ol enclosu re the pro oposal doe es not satissfy the AS and mustt meet the PC in rega ard to Suita ability of a site (13.4.1 1), Dwelling g density ( 13.4.2) and d Location n and confiiguration of o developm ment (13.4 4.3). The propo osal compllies with all other AS i n the zone e and all re elevant Co odes. The releva ant Perform mance Critteria are re eproduced d below, along with c comments.
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PAGE 5 Report to Planning Authority Committee meeting on 11 January 2016
The site has an area less than 1ha (8706m2) and therefore is required to be assessed against the PC for 13.4.1 (A1). The site is of sufficient area to allow for access, buildings and utilities without impacting on adjacent land. The pool enclosure is located clear of the right-of-way easement located on the property and the PC is satisfied for this standard.
ITEM 4.1
PAGE 6 Report to Planning Authority Committee meeting on 11 January 2016
This standard requires one dwelling per ha but does not allow the density to be calculated beyond the lot area to provide a location average. In essence, the standard is identical to 13.4.1- Suitability of a site and it has already been demonstrated that the PC is satisfactorily met. Conditions and notes from Council’s Development Assessment Team will be included on the permit regarding stormwater and sewerage disposal.
ITEM 4.1
PAGE 7 Report to Planning Authority Committee meeting on 11 January 2016
The pool enclosure is located within the prescribed 10m side setback threshold. As a result, the AS is not met and the development is tested against the PC. No other dwellings are located on the subject site, therefore, conformance with (a) is met. The pool enclosure is a modern design and is complemented by the existing dwelling and recent dwellings built on adjoining lots, particular to the south and east of the site. As a result, (b) can be supported. The closest building to the proposal is located approximately 40m to the north-east and the development will not impact adjacent properties in regard to bulk, massing and proportion. The proposal has merit against (c). There are numerous buildings located along Tugrah Road that are constructed closer to boundaries than the prescribed setbacks. For example, the adjoining property to the south (211 Tugrah Road) had a detached dwelling extension approved closer to the rear boundary in 2012 (refer PA2012.0195). Compliance with (d) is achieved. The site is relatively flat however the position of the proposal will not impede the residential amenity of surrounding properties and it is considered part (e) is met. Overall the proposal satisfies the PC for 13.4.3 (A2).
COMMUNITY ENGAGEMENT On 01/12/2015, Council received an application for the above development. Under Section 57(3) of the Land Use Planning and Approvals Act 1993, the Planning Authority must give notice of an application for a permit. As prescribed at Section 9(1) of the Land Use Planning and Approvals Regulations 2014, the Planning Authority fulfilled this notification requirement by: (a)
Advertising the application in The Advocate newspaper on 05/12/2015;
(b)
Making a copy of the proposal available in Council Offices from the 05/12/2015;
(c)
Notifying adjoining property owners by mail on 02/12/2015; and
(d)
Erecting a Site Notice for display from the 04/12/2015.
The period for representations to be received by Council closed on 18/12/2015.
REPRESENTATIONS One representation was received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. This was received from the owner of the adjoining property to the north (193 Tugrah Road) and is reproduced below.
ITEM 4.1
PAGE 8 nning Authority y Committee meeting m on 11 January 2016 Report to Plan
The repre esentation outlines concerns regarding g drainag ge from tthe pool enclosure e developm ment. The Site Pllan submitted by the e applicantt demonstrates that the stormw water colle ected from m the pool enclosure will be piped p into the existin ng househ hold stormw water system which h discharge es into an open cut drain alon ng Tugrah Road. Co ouncil’s Bu ilding and d Plumbing g ITEM 4.1
PAGE 9 Report to Planning Authority Committee meeting on 11 January 2016
Office will assess the building and plumbing permit application (when submitted) to ensure compliance with legislative requirements. Conditions will be included on the planning permit (if approved) regarding sewerage disposal and emptying of the pool. For instance, Council’s Environmental Health Office has requested that the existing on-site waste-water system is reviewed to ensure it can operate effectively due to the increased load anticipated from this development. In the case it cannot the existing septic system will be required to be upgraded. Overall the representation has been considered and conditions on the permit will likely alleviate the representor’s concerns.
FINANCIAL IMPLICATIONS No financial implications are predicted unless a Planning Appeal is lodged and legal representation is required.
RISK IMPLICATIONS No risk to Council is envisaged as a result of determining this application.
CONCLUSION The application has demonstrated compliance with the applicable zone and code standards and nothing has been identified to warrant a negative recommendation.
ATTACHMENTS 1.
Application - PA2015.0152 - 195 Tugrah Road Tugrah
RECOMMENDATION That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2015.0152 and grant a Permit to use and develop land identified as 195 Tugrah Road, Tugrah for the following purposes:
Residential (pool enclosure) – assessment against performance criteria under Clause 13.4.1, 13.4.2 and 13.4.3
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted plans referenced as ‘Proposed Pool Enclosure’ – Project No. 15-251 (DWG. 101-105) by Lachlan Walsh Design, copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
The developer is to have the existing on-site waste water management system reassessed and a new on-site waste water report undertaken by a suitably qualified person if the pool enclosure results in the generation of additional waste water loadings. This report is to be submitted with the Building Application.
3.
The developer is to ensure that the emptying of the pool and any backwash water when required is not directed to the existing on-site waste water management area.
4.
The developer is to ensure that backwash from the proposed pool is not to be connected to the AWTS or the irrigation area unless approved by a suitably qualified on-site waste water designer.
ITEM 4.1
PAGE 10 Report to Planning Authority Committee meeting on 11 January 2016
Note: The following is provided for information purposes. In regard to condition 3 any alternative arrangement is to be submitted by a suitability qualified consultant. During the construction or use of these facilities all measures are be taken to prevent nuisance. Air, noise and water pollution matters are subject to provisions of the Building Regulations or the Environmental Management and Pollution Control Act 1994. All electrical equipment, including pumps and filters installed in association with the pool/spa are to be housed so as not to create a noise nuisance to neighbouring properties. Pool treatment chemicals are to be stored in a location that will ensure that they are kept dry.
THIS IS NOT A BUILDING PERMIT. You need to provide a copy of this planning permit to a registered Tasmanian Building Surveyor. WORK CANNOT COMMENCE UNTIL BUILDING AND PLUMBING PERMITS ARE ISSUED. Enquiries regarding conditions and notes can be directed to Council’s Development and Health Services Department – Ph 6424 0511.
Author: Position:
Alex Mountney Cadet Planner
Endorsed By: Position:
ITEM 4.1
Brian May Development Manager
PAGE 11 Application A - PA2015.0152 2 - 195 Tugrah Road Tugra ah
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ATTTACHMENT [1 1]
PAGE 12 Application A - PA2015.0152 2 - 195 Tugrah Road Tugra ah
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PAGE 13 Application A - PA2015.0152 2 - 195 Tugrah Road Tugra ah
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PAGE 16 Application A - PA2015.0152 2 - 195 Tugrah Road Tugra ah
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Applic cation - PA2015.01 152 - 195 Tugrah R Road Tugrrah
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Applic cation - PA2015.01 152 - 195 Tugrah R Road Tugrrah
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Applic cation - PA2015.01 152 - 195 Tugrah R Road Tugrrah
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Applic cation - PA2015.01 152 - 195 Tugrah R Road Tugrrah
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Applic cation - PA2015.01 152 - 195 Tugrah R Road Tugrrah
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Applic cation - PA2015.01 152 - 195 Tugrah Road Tugrrah
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PAGE 23 Planning Authority Committee meeting Agenda 11 January 2016
5.0
CLOSURE
There being no further business the Chairman declared the meeting closed at <insert time> pm.