NOTICE OF MEETING Notice is hereby given that a Planning Authority Committee meeting of the Devonport City Council will be held in the Council Chambers, on Monday 15 June 2015, commencing at 11:00am. The meeting will be open to the public at 11:00am. QUALIFIED PERSONS In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports in this agenda contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.
Paul West GENERAL MANAGER 10 June 2015
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 15 JUNE 2015 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
1.0
APOLOGIES ............................................................................................... 1
2.0
DECLARATIONS OF INTEREST ........................................................................ 1
3.0
DELEGATED APPROVALS ............................................................................. 2
3.1
Planning Applications approved under Delegated Authority 1 April 2015 to 31 May 2015 (D373223) ........................................................................................................................ 2
4.0
DEVELOPMENT REPORTS .............................................................................. 4
4.1
PA2015.0043 Residential (multiple dwellings x 3) - assessment against performance criteria under clauses 10.4.2, 10.4.3 & 10.4.6 - 79 Parker Street, Devonport (D373233) ...................................................................................................................... 4
5.0
CLOSURE ................................................................................................ 37
PAGE 1 Planning Authority Committee meeting Agenda 15 June 2015
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 15, June 2015 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 15 June 2015
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED AUTHORITY 1 APRIL 2015 TO 31 MAY 2015
UNDER
DELEGATED
ATTACHMENTS 1.
Planning Applications Approved Under Delegated Authority - 1 April 2015 to 31 May 2015
RECOMMENDATION That the list of delegated approvals be received.
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 3.1
Paul West General Manager
PAGE 3 Planning Applications Approved Under Delegated Authority - 1 April 2015 to 31 May 2015
ATTACHMENT [1]
PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY – 1.4.2015 – 31.5.2015 Application No. PA2015.0020
Location
PA2015.0022
2 Christensen Street
PA2015.0023
191-199 Stony Rise Road
PA2015.0024
784 Melrose Road
PA2015.0025
8 Donwood Court
PA2015.0026
10 Ambleside Place
PA2015.0027 PA2015.0028
117 Wrenswood Drive 2/13 St Andrews Drive
PA2015.0029 PA2015.0030 PA2015.0031
23 Steele Street 10 Langslow Drive 8 Jasmine Place
PA2015.0032
73 North Fenton Street
PA2015.0033 PA2015.0034
7 Parker Street 2 Cedar Court
PA2015.0036 PA2015.0037 PA2015.0039 PA2015.0042 PA2015.0045
64 Stewart Street 32 Stewart Street 83 Stony Rise Road 36 Loone Lane 19-21 Thomas Street
PA2015.0046
351 Tugrah Road
103 John Street
Description
Approval Date Resource development - assessment against performance criteria for requirement for 2.4.15 discretionary non-residential use to locate on Rural Resource land and suitability of a site for use or development (26.3.1 & 26.4.1) Residential (dwelling) - assessment against performance criteria for setback and building 21.4.15 envelope Manufacturing and Processing (Workshop) - assessment against performance criteria for 13.4.15 location and configuration of development (setback) Residential (garage) - assessment against performance criteria for suitability of a site for use 2.4.15 or development and location and configuration of development Residential (dwelling additions) - assessment against performance criteria for suitability of a 2.4.15 site for use or development and dwelling density Residential (dwelling extension) - assessment against performance criteria for setbacks and 8.4. 15 building envelope Residential (shed) 16.4.15 Residential (unit extension) – assessment against performance criteria for setbacks and 1.5.15 building envelope Demolition - awning 14.4.15 Residential (retaining wall) – change in ground level code 1.5.15 Residential (Shed) - Assessment against performance criteria for setbacks and building 6.5.15 envelope Two lot subdivision - assessment against performance criteria for applicable General 25.5.15 Residential zone standards and Local Heritage Code Permitted – Community Meeting & Entertainment (Church) & advertising signage 12.5.15 Residential (dwelling extension - covered deck and outbuilding) - assessment against 5.5.15 performance criteria for setbacks and building envelope and privacy Community Meeting & Entertainment (awning and sign) 5.5.15 Change of Use (food services) 5.5.15 Residential (multiple dwellings x 2) 26.5.15 Storage and Ancillary Processing 18.5.15 Education and occasional care (demolition, relocation of existing shed, additions & 26.5.15 alterations) Boundary Adjustment 27.5.15 ITEM 3.1
PAGE 4 Report to Planning Authority Committee meeting on 15 June 2015
4.0
DEVELOPMENT REPORTS
4.1
PA2015.0043 RESIDENTIAL (MULTIPLE DWELLINGS X 3) ASSESSMENT AGAINST PERFORMANCE CRITERIA UNDER CLAUSES 10.4.2, 10.4.3 & 10.4.6 - 79 PARKER STREET, DEVONPORT File: 30487 D373233
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Ensure the City's Planning Scheme supports 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 PA2015.0043.
BACKGROUND Planning Instrument: Applicant/owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 MA & SR Templar Residential (multiple dwellings x 3) - assessment against performance criteria under clauses 10.4.2, 10.4.3 & 10.4.6 Residential General Residential 15/06/2015
STATUTORY REQUIREMENTS Section 57 of the Land Use Planning and Approvals Act 1993 requires a planning authority to either grant or refuse to grant a permit for an application made under this section not later than 42 days after from the date on which the planning authority received the application.
SITE DESCRIPTION The site is located on the southern side of Parker Street, midway between the Gunn Street and William Street intersections. The site has an area of 1153m2 and a frontage of approximately 14.3m. The title is currently officially only 13.2m wide however the owner occupies an additional 1.1m which is not shown on the title. This is in the process of being absorbed into the existing title through the appropriate legal processes. The site contains an existing house, garage and carport and is surrounded by established residential development. Figure 1 shows an aerial view of the site and surrounding area.
APPLICATION DETAILS
The applicant is seeking approval for two additional dwellings to be located on the property. The existing carport and garage will be demolished. Attachment 1 contains the application detail.
ITEM 4.1
PAGE 5 Report to Planning Authority Committee meeting on 15 June 2015
Figure 1 - Aerial view of subject site
ITEM 4.1
PAGE 6 Report to Planning Authority Committee meeting on 15 June 2015
PLANNING ISSUES
The land is zoned General Residential under the Devonport Interim Planning Scheme 2013. The intent of the zone is to provide for residential use or development that accommodates a range of dwelling types at suburban densities, where full infrastructure services are available or can be provided and to provide for compatible non-residential uses that primarily serve the local community. Multiple dwellings and associated outbuildings are a permitted use in the General Residential zone provided they satisfy the relevant acceptable solutions however, in instances where the acceptable solutions cannot be met an application becomes discretionary and must comply with the relevant performance criteria. In this case the rear setback is 2.5m rather than the compliant 4m, the existing dwelling does not have direct access to its private open space and the driveway is too close to the existing house and the proposed unit 1. In addition the required number of car parking spaces has not been provided. As the proposal does not comply with the acceptable solutions it must therefore be assessed against the performance criteria, making the application discretionary. The applicable performance criteria are reproduced below along with comments.
ITEM 4.1
PAGE 7 Report to Planning Authority Committee meeting on 15 June 2015
As seen in Figure 2, Unit 2 has a setback of 2.5m from the rear boundary, rather than the required 4m. The original plans submitted for pre-application assessment had a setback of 1.5m to the southern boundary however the applicant agreed to increase the setback to 2.5m to mitigate any overshadowing issues. The current proposal satisfies the performance criteria in that it does not cause an unreasonable loss of amenity by reducing sunlight into habitable rooms on adjoining lots. The shading on the unit to the south will be essentially the same as that created by the existing boundary fence. Any shading that impacts on the unit to the west will be to a bathroom, toilet and laundry as the bedroom window is already obscured by a garden shed. The majority of private open space for the unit to the south is to the east of the proposed unit, and therefore will not be impacted by the unit. The private open space of the unit to the west is to the northwest of the unit and will not be affected by any overshadowing. There are no vacant lots adjacent to the proposal. The separation between buildings is compatible with the surrounding area. Prior to the current development standards being introduced the required distance for rear and side setbacks was 1.5m. In light of this the surrounding development is in accordance with the previous regulations and therefore the proposed 2.5m setback is appropriate.
Figure 2 - site plan showing rear setback of 2.5m
ITEM 4.1
PAGE 8 Report to Planning Authority Committee meeting on 15 June 2015
ITEM 4.1
PAGE 9 Report to Planning Authority Committee meeting on 15 June 2015
Each unit must have at least 60m2 of private open space, with which the proposal complies, however that open space must also satisfy a number of other requirements. The existing house does not comply with clauses 10.4.3 A2 (b)&(c) as the private open space is not directly accessible from, nor adjacent to, a habitable room, nor will it receive the requisite amount of sunlight on the shortest day of the year. Unfortunately, due to the positioning of the western neighbour’s wall on the boundary, it is not possible to allow for an area of private open space within close proximity to the house which is not shaded in the afternoons. Due to the positioning of a carport and garage currently on site there is limited private open space within 15m of the house. The proposed changes will relocate the open space to approximately 4m from the dwelling which is an improvement on the existing situation.
ITEM 4.1
PAGE 10 Report to Planning Authority Committee meeting on 15 June 2015
The driveway is currently too close to both the existing house and unit 1 and does not comply with the acceptable solution. The purpose of the performance criteria is to eliminate noise and light from entering the dwellings when cars related to other units on the site pass by. The use of double glazing and window coverings such as blinds or curtains achieves this and therefore a condition will be placed on the permit to ensure double glazing and window coverings are installed. The applicant has advised that he is likely to install garden beds either side of the entrance to unit 1 to create greater separation between the unit and driveway. The Traffic Generating Use and Parking Code has the following requirements in regard to parking for multiple dwellings:
The proposal requires a total of 7 parking spaces however only 6 are provided. This is deemed acceptable as parking is available for visitors on the street and it is felt that it is more appropriate that the space onsite be used for private open space rather than parking. ITEM 4.1
PAGE 11 Report to Planning Authority Committee meeting on 15 June 2015
COMMUNITY ENGAGEMENT
On 04/05/2015, 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 8(1) of the Land Use Planning and Approvals Regulations 2004, the Planning Authority fulfilled this notification requirement by: (a)
Advertising the application in The Advocate newspaper on 06/05/2015;
(b)
Making a copy of the proposal available in Council Offices from the 06/05/2015;
(c)
Notifying adjoining property owners by mail on 05/05/2015; and
(d)
Erecting a Site Notice for display from the 05/05/2015.
The period for representations to be received by Council closed on 19/05/2015.
REPRESENTATIONS Two representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. The first (reproduced below) was received from Eddie Nelson who owns the property to the south of the subject site. Mr Nelson is concerned about the possible impacts of overshadowing on the unit immediately south of unit 2. The original shading diagrams submitted with the application showed the shadows would extend a considerable distance on 21 June (the shortest day of the year, when shadows are at their longest), however, subsequent modelling obtained by the applicant and done by Council staff has shown that the shading at 12 noon will be almost identical to that already produced by the existing boundary fence.
ITEM 4.1
PAGE 12 Report to Planning Authority Committee meeting on 15 June 2015
The diagram below shows the shadow from the proposed unit and the existing fence. A site visit to the existing unit to the south confirmed the fence height from the southern side as 1.7m and the distance of the unit to the existing fence as 2.95m. The diagram shows that there should be no greater shading impacts caused at noon on 21 June by the proposed dwelling than already exists as a result of the fence.
Figure 3 - Diagram showing angle of shading on the 21st of June
Figure 4 - Shading diagrams for unit 2 - 9am, noon and 3pm
The second representation (see below) is from Warren Hardwicke who owns the property to the east of the subject site. His concern is in regard to fencing between the properties which is not a Council matter. It is up to the property owners to negotiate the type of fencing erected between properties.
ITEM 4.1
PAGE 13 Report to Planning Authority Committee meeting on 15 June 2015
ITEM 4.1
PAGE 14 Report to Planning Authority Committee meeting on 15 June 2015
DISCUSSION
Council’s Infrastructure Department has issued an In-principle agreement, Roads and Stormwater which covers the need for an onsite detention system and requirements in regard to working within the road reserve and potential damage to Council assets. In addition TasWater has assessed the proposal and supplied conditions to be included with the permit.
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
While the proposal does not comply with all relevant acceptable solutions the outcomes will not negatively impact on the adjoining properties or future residents of the development. The application has been assessed by Council’s Development Assessment Review Team and TasWater and can be approved with conditions.
ATTACHMENTS 1.
Application - PA2015.0043 - 79 Parker Street
2.
Shadow diagrams - PA23015.0043 - 79 Parker Street, Devonport
3.
TasWater conditions - PA2015.0043 - 79 Parker Street, Devonport
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 PA2015.0043 and grant a Permit to use and develop land identified as 79 Parker Street, Devonport for the following purposes:
Residential (multiple dwellings x 3) - assessment against performance criteria under clauses 10.4.2, 10.4.3 & 10.4.6
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the following submitted plans and documentation, copies of which are attached and endorsed as documents forming part of this Planning Permit: a. b. c.
Plans by Weeda Drafting & Building Consultants; In-principle agreement – Roads and Stormwater, Devonport City Council, dated 360/4/15; Shadow Castings 21 June, BTA0515-216, dated 15/5/15
2.
The windows adjacent to the driveway for the existing dwelling and unit 1 must be double glazed and window coverings (curtains, blinds etc) must be installed prior to any strata plan being endorsed.
3.
The TasWater ‘Submission to Planning Authority Notice’ conditions must be adhered to. ITEM 4.1
PAGE 15 Report to Planning Authority Committee meeting on 15 June 2015
Note: The following is provided for information purposes.
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. In regard to condition 3 the – Ph 136 992 with any enquiries.
applicant/developer
should
contact
TasWater
Enquiries regarding other conditions can be directed to Council’s Development & Health Services Department – Ph 6424 0511.
Author: Position:
Carolyn Milnes Planning Officer
Endorsed By: Position: Manager
ITEM 4.1
Brian May Development
&
Health
Services
PAGE 16 Application - PA2015.0043 - 79 Parker Street
ATTACHMENT [1]
ITEM 4.1
PAGE 17 Application - PA2015.0043 - 79 Parker Street
ATTACHMENT [1]
ITEM 4.1
PAGE 18 Application - PA2015.0043 - 79 Parker Street
ATTACHMENT [1]
ITEM 4.1
PAGE 19 Application - PA2015.0043 - 79 Parker Street
ATTACHMENT [1]
ITEM 4.1
PAGE 20 Application - PA2015.0043 - 79 Parker Street
ATTACHMENT [1]
ITEM 4.1
PAGE 21 Application - PA2015.0043 - 79 Parker Street
ATTACHMENT [1]
ITEM 4.1
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
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ITEM 4.1
ATTACHMENT [1]
Application - PA2015.0043 - 79 Parker Street
PAGE 30
ITEM 4.1
ATTACHMENT [1]
Shadow diagrams - PA23015.0043 - 79 Parker Street, Devonport
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ITEM 4.1
ATTACHMENT [2]
Shadow diagrams - PA23015.0043 - 79 Parker Street, Devonport
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ITEM 4.1
ATTACHMENT [2]
Shadow diagrams - PA23015.0043 - 79 Parker Street, Devonport
PAGE 33
ITEM 4.1
ATTACHMENT [2]
PAGE 34 TasWater conditions - PA2015.0043 - 79 Parker Street, Devonport
ITEM 4.1
ATTACHMENT [3]
PAGE 35 TasWater conditions - PA2015.0043 - 79 Parker Street, Devonport
ITEM 4.1
ATTACHMENT [3]
PAGE 36 TasWater conditions - PA2015.0043 - 79 Parker Street, Devonport
ITEM 4.1
ATTACHMENT [3]
PAGE 37 Planning Authority Committee meeting Agenda 15 June 2015
5.0
CLOSURE
There being no further business the Chairman declared the meeting closed at <insert time> pm.