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 17 August 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 12 August 2015
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 17 AUGUST 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 29 June 2015 - 31 July 2015 (D382811) ......................................................................................................................... 2
4.0
DEVELOPMENT REPORTS .............................................................................. 4
4.1
PA2015.0079 Residential (ancillary dwelling) - assessment against performance criteria for setbacks and building envelope. - 6 Enderly Court Ambleside (D382768) .......................................................................................................................................... 4
5.0
CLOSURE ................................................................................................ 11
PAGE 1 Planning Authority Committee meeting Agenda 17 August 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 17, August 2015 commencing at 11:00am. PRESENT Present Chairman
Ald S L Martin (Mayor) Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry
Apology
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 Ald JF Matthews
2.0 DECLARATIONS OF INTEREST
PAGE 2 Report to Planning Authority Committee meeting on 17 August 2015
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED AUTHORITY 29 JUNE 2015 - 31 JULY 2015
UNDER
DELEGATED
ATTACHMENTS 1.
Planning applications approved under delegated authority - 29 June 2015 31 July 2015
RECOMMENDATION
That the list of delegated approvals be received.
Author: Position:
Jennifer Broomhall Planning Administration Officer
Endorsed By: Position:
ITEM 3.1
Brian May Development Manager
PAGE 3 Planning applications approved under delegated authority - 29 June 2015 - 31 July 2015
ATTACHMENT [1]
PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY – 29.6.2015 – 31.7.2015 Application No. PA2015.0054
4 Myrtle Court, Devonport
PA2015.0055
91 William Street, Devonport
PA2015.0056 PA2015.0057 PA2015.0058
1 Macoma Close, Don 9a Langslow Drive, Miandetta 21 Elizabeth Street, Devonport
PA2015.0059
16 Collins Way, Tugrah
PA2015.0060
198 Kelcey Tier Road, Spreyton 227 Tugrah Road, Tugrah
PA2015.0062 PA2015.0064 PA2015.0065 PA2015.0066
Location
PA2015.0070 PA2015.0071
64 Melrose Road, Aberdeen 15 Squibbs Road, Spreyton 4 Barker St, Devonport Home Hill, 77 Middle Road, Miandetta 48-54 Oldaker Street, Devonport 121-137 William Street, Devonport 249 Tugrah Rd, Tugrah 2 Linden Heights, Don
PA2015.0072
4 Collins Way,
PA2015.0073 PA2015.0074
3 Gibson Court, Spreyton 3a Linden Heights, Don
PA2015.0076
114 Tarleton St, E Devonport
PA2015.0067 PA2015.0068 PA2015.0069
Description Residential (multiple dwelling) - assessment against performance criteria for privacy, private open space and parking Residential (multiple dwellings x 2) – assessment against performance criteria for setbacks and building envelope and Traffic Generating Use and Parking Code Residential (dwelling and garage) Residential (garage) - assessment against performance criteria for setbacks and building envelope Residential (dwelling extension) - assessment against performance criteria for setback and building envelope 2 lot subdivision and Residential (dwelling and shed) - assessment against performance criteria for location and configuration of development Residential (shed) - assessment against performance criteria for location and configuration of development Residential (dwelling and shed) - assessment against performance criteria for suitability of a site or lot for use or development and dwelling density Residential - (Dwelling Extension - Porch) Residential (single dwelling) - roof over existing deck Residential (dwelling extension) Tree Removal - 13 Monterey Cypress Trees. The application is also being advertised in accordance with Part 6 of the Historic Cultural Heritage Act 1995 General Retail & Hire (grocer and specialty shops), Hotel Industry (bottle shop) and Food Services (cafe) Education & Occasional Care (change rooms and office) Residential (dwelling addition - vergola) Residential (single dwelling)- assessment against performance criteria for suitability of a site, dwelling density and Local Heritage Code, Bushfire Prone Areas Code and Hazard Management Code Residential (dwelling and shed) - assessment against performance criteria for suitability of a site and dwelling density Residential (shed) - assessment against performance criteria for setbacks and building envelope Residential (single dwelling)- assessment against performance criteria for suitability of a site, dwelling density and Heritage Code (permitted Change in Ground Level Code and Hazard Management Code) Manufacturing & processing (workshop/warehouse extension)
ITEM 3.1
Approval Date 1.7.2015 28.7.15 3.7.2015 1.7.2015 14.7.2015 6.7.2015 14.7.2015 1.7.2015 6.7.2015 10.7.2015 1.7.2015 20.7.2015 23.7.2015 16.7.2015 20.7.2015 27.7.2015 27.7.2015 28.7.2015 28.7.2015 22.7.2015
PAGE 4 Report to Planning Authority Committee meeting on 17 August 2015
4.0
DEVELOPMENT REPORTS
4.1
PA2015.0079 RESIDENTIAL (ANCILLARY DWELLING) - ASSESSMENT AGAINST PERFORMANCE CRITERIA FOR SETBACKS AND BUILDING ENVELOPE. - 6 ENDERLY COURT AMBLESIDE File: 31012 D382768
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030:
2.1.1
Apply and review the Devonport Interim Planning Scheme as required, to ensure it delivers local community character and appropriate land use
2.1.2
Provide high quality, consistent and assessment and compliance processes
responsive
development
PURPOSE The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2015.0079. BACKGROUND Planning Instrument: Applicant: Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Peter Ross Schulze Mrs JLE Schulze & Mr PR Schulze Residential (ancillary dwelling) - assessment against performance criteria for setbacks and building envelope Residential General Residential 20/08/2015
SITE DESCRIPTION The site is an internal block, accessed off the northern side of Enderly Court, Ambleside. The property has an area of 1907m2 and there is an existing brick dwelling on the site that was constructed in 2002. The site is surrounded by residential development to the east and west and is adjoined by Crown Land to the north. A folio plan of the property is reproduced on the following page as Figure 1. APPLICATION DETAILS The applicant is seeking approval to construct an ancillary dwelling on the south-western corner of the block. The ancillary dwelling will have a maximum height of 4.8m from natural ground level and will have a minimum boundary setback of 1.5m. The building is proposed to be constructed of brick and colorbond, the finished colours will match that of the existing dwelling. Furthermore, a low lying timber deck is proposed on the northern and eastern side of the proposal. Figure 2 on the following page is a reproduction of the Site Plan submitted by the applicant.
ITEM 4.1
PAGE 5 Report to Planning Authority Committee meeting on 17 August 2015
Figure 1 – Folio Plan of subject site - 147018/2
Figure 2 – Site Plan of proposal submitted by applicant
ITEM 4.1
PAGE 6 Report to Planning Authority Committee meeting on 17 August 2015
PLANNING ISSUES The land is zoned General Residential under the Devonport Interim Planning Scheme 2013 (DIPS). The application is for an ‘ancillary dwelling’ which is defined under the DIPS as the following:
Figure 3 – Definition of ‘ancillary dwelling’ from the DIPS
An ancillary dwelling is classified under the use category ‘Residential’. This type of residential use is ‘No Permit Required’ in the General Residential zone provided the development can satisfy the relevant acceptable solutions within the DIPS. However in this case the proposal fails to comply with the acceptable solutions prescribed under 10.4.2 – Setbacks and building envelopes for all dwellings. This is because the setback from the site frontage is 1.5m and not the compliant 4.5m for an internal lot (refer to compliant diagram below). As a consequence the application is discretionary and is required to be assessed against the applicable performance criteria which have been reproduced on the next page along with comment.
Figure 4 – Compliant diagram of building envelope for an internal lot
ITEM 4.1
PAGE 7 Report to Planning Authority Committee meeting on 17 August 2015
ITEM 4.1
PAGE 8 Report to Planning Authority Committee meeting on 17 August 2015
After being on-site it was evident that the proposed ancillary dwelling satisfies the applicable performance criteria. This is because the location of the proposal will not reduce sunlight, overshadow or be a visual impact to neighbouring properties or be a burden to the subject site. This is due to the following reasons:
The proposal is setback approximately 10m to the closest neighbouring dwelling (4 Enderly Court) and as it is located on the western side of the existing dwelling it will not affect sunlight to the dwelling’s habitable rooms;
Overshadowing impacts are considered to be negligible. This is due to position of the proposal and neighbouring development. Furthermore, the ancillary dwelling could be constructed to the western side boundary and comply with the setback requirements of the Scheme (potential to build to side boundary as per figure 4) which would cause greater amenity issues than what is proposed;
No vacant lots immediately surround the proposal; and
No visual impacts from the neighbouring properties are envisaged. This is because the dwelling to the direct south (5A Enderly Court) is located above the proposal due to the topography of the area. In addition existing vegetation obscures most of the development from this property. Figure 5 below illustrates the above-mentioned points. Furthermore, 4 Enderly Court is orientated towards the Mersey River and as a result the ancillary dwelling will not cause a visual impact to this property.
Figure 5 – Photo and annotation of approximate location of ancillary dwelling with 5a Enderly Court in the background
COMMUNITY ENGAGEMENT On 09/07/2015, 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 ITEM 4.1
PAGE 9 Report to Planning Authority Committee meeting on 17 August 2015
Use Planning and Approvals Regulations 2004, the Planning Authority fulfilled this notification requirement by: (a)
Advertising the application in The Advocate newspaper on 11/07/2015;
(b)
Making a copy of the proposal available in Council Offices from the 11/07/2015;
(c)
Notifying adjoining property owners by mail on 10/07/2015; and
(d)
Erecting a Site Notice for display from the 10/07/2015.
The period for representations to be received by Council closed on 24/07/2015.
REPRESENTATIONS One representation was received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. The representation (reproduced below) was received from the owners of 5a Enderly Court which is located directly to the south of proposal site.
The representation has cited concerns about visual impacts from the proposal. The Planning Issues section of the report satisfactorily demonstrates that the proposal satisfies the performance criteria of the zone standard.
DISCUSSION The proposal has been assessed by Council’s Development and Assessment Review Team (DART) and no major issues have been identified. The submitted plans identify that the ancillary dwelling is located near a sewer main however as it is located 2.2m away it was not required to be referred to TasWater (2m threshold). Although not relevant to the assessment of this application it is noted that the proposal would have been exempt under the previous planning scheme (Devonport & Environs ITEM 4.1
PAGE 10 Report to Planning Authority Committee meeting on 17 August 2015
Planning Scheme 1984) due to the previous applicable setback being 1.5m from all boundaries for internal lots.
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 been tested against the merits of the performance criteria for 10.4.2 – Setbacks and building envelopes and nothing has been identified that warrants a negative recommendation. As a result the application is recommended for conditional approval.
ATTACHMENTS Nil
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 PA2015.0079 and grant a Permit to use and develop land identified as 6 Enderly Court, Ambleside for the following purposes:
Residential (ancillary dwelling) - assessment against performance criteria for setbacks and building envelope
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted plans referenced as Ancillary Dwelling – Job No. 0615-40, dated the 25-6-15 by Tas Laughlin, copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
All exterior metal cladding, including the roof is to be painted or be of colour-treated metal finish in muted tones to minimise reflectivity.
Note: The following is provided for information purposes. 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.
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 can be directed to Council’s Development & Health Services Department – Ph 6424 0511. Author: Position:
Alex Mountney Cadet Planner
Endorsed By: Position:
ITEM 4.1
Brian May Development Manager
PAGE 11 Planning Authority Committee meeting Agenda 17 August 2015
5.0
CLOSURE
There being no further business the Mayor declared the meeting closed at <insert time> pm.