part 3 - Department of Planning

2. This decision constitutes planning approval only and is valid for a period of
two years from the date of approval. If the subject development is not
substantially commenced within the two year period, the approval shall lapse
and be of no further effect.
3. The proposed development shall be connected to sewer, or other suitable
effluent disposal system as approved by the Department of Health, prior to
the commencement of the use, to the satisfaction of the City of Mandurah.
4. Prior to the commencement of site works, arrangements shall be made, in
consultation with the City of Mandurah, for the construction of the road linkage
between Kwella Entrance and Mississippi Drive at the applicant’s cost.
5. Prior to the commencement of site works, the landowner shall enter into a
deed of agreement with the City of Mandurah to grant an easement in gross.
The easement in gross shall be placed over the internal access way and will
be placed on the title as an encumbrance which will facilitate the movement of
service vehicles over the subject lot. All costs associated with the preparation
and registration of the encumbrance shall be borne by the applicant and
payable to the City of Mandurah on demand.
6. Prior to the commencement of site works a landscape management plan shall
be prepared by a suitably qualified person and submitted to and approved by
the City of Mandurah. This plan shall detail the plant types, sizes, locations
and ongoing management for all areas within the site including parking areas
and all verge areas adjacent. The management plan, once approved, shall be
thereafter implemented and maintained to the satisfaction of the City of
Mandurah.
7. Prior to the commencement of site works, a geotechnical report prepared by a
suitably qualified geotechnical engineer shall be submitted to and approved in
writing by the City of Mandurah. The scope of the report shall certify that the
land is physically capable of the proposed development and the report as
approved shall be fully implemented and completed to the satisfaction of the
City of Mandurah.
8. Prior to the commencement of site works, a construction management plan
shall be prepared and approved in writing by the City of Mandurah in order to
manage and reduce the impacts of potential construction noise, vibration,
dust, traffic and other construction related issues. During construction the
approved construction management plan is to be implemented at all times
to the satisfaction of the City of Mandurah.
9. Prior to the commencement of site works, a detailed stormwater plan must be
submitted to and approved in writing by the City of Mandurah showing all
stormwater from roofed and paved areas being collected and disposed of onsite in accordance with water sensitive design principles to the specification
and satisfaction of the City of Mandurah.
10. Prior to the commencement of the use, a waste management plan shall be
submitted to the City of Mandurah./ Once approved, the waste management
plan shall be thereafter implemented to the satisfaction of the City of
Mandurah.
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11. Prior to a certificate of occupancy being issued, vehicle parking, manoeuvring
and circulation areas shall be suitably constructed, sealed, drained, kerbed,
marked and thereafter maintained to the specification and satisfaction of the
City of Mandurah.
12. All perimeter fencing abutting the boundary of the site shall be visually
permeable to the specifications and satisfaction of the City of Mandurah.
Footnotes
1. Prior to the commencement of ground disturbing and/or clearing activities, a
start-up meeting between the applicant and the City of Mandurah is required
in order to ensure compliance with all required conditions.
Background:
Insert Property Address:
Insert Zoning
PRS:
TPS:
Insert Use Class:
Insert Strategy Policy:
Insert Development Scheme:
Insert Lot Size:
Insert Existing Land Use:
Value of Development:
Lot 38 Murdoch Drive GREENFIELDS 6210
Urban
Residential R30
Dwellings
4.085 hectares
Lifestyle village
$6.2 million
Lady Brand Lifestyle Village has been developed over stages since 2003. Parcels of
land have been periodically subdivided and the development of aged dependant
living units has occurred connected via a network of internal private roads.
Details
The current application seeks approval for the development of the final stage of the
Lady Brand lifestyle village with the concluding stage including 30 dwellings, small
clubrooms and internal movement network.
Of particular note, the current application being the concluding stage, does not
include the construction of the connecting roads. The City has maintained the
position that the surrounding road networks are required connections and has
previously sought this as conditions of subdivision. Previous concepts of the final
stages of development have depicted the access directly onto a connective road
between Kwella Entrance and Mississippi Drive. The current proposal includes an
internal 6 metre common property access and no additional access to external roads
either made or unmade.
In view of this proposal resulting in the completion of the development, bat any
development of Lot 44, it is considered appropriate to include a condition in relation
to the completion of Kwella Entrance and Mississippi Drive, which the City is
currently in the process of creating into a Road Reserve.
In making this request, the City relied upon discussion that took place in 2007
relating to stages 6 and 7 of the development.
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Legislation & policy:
Legislation
Planning and Development Act (2005)
City of Mandurah Town Planning Scheme No.3 (Scheme):
• 3.1 Classification
• 3.2 Zones
• 4.5 (Residential Zone requirements)
• Table 5 (Residential Land Use Table)
• 5.1 (Residential Planning Codes)
• 7.1 Requirements for Planning Approval
• 7.2 Applications for Planning Approval
• 7.5 Matters to be Considered by Council
State Government Policies
SPP3.1 – Residential Design Codes (R-codes)
Mandurah East Structure Plan (MESP)
Local Policies
LPP10 –Residential Design Codes Provisions
Consultation:
Public Consultation
The proposed development is an ‘AA’ use in the Residential Zone meaning the City
may resolve to advertise the proposal. Given the proposed development is a
continuation of long standing existing development of the same nature, it is not
considered that consultation is required.
Planning assessment:
Land Use
The subject property is zoned ‘Residential R30’ under the provisions of the Scheme
and the proposed use is permitted within the this zone as an ‘AA’ use. The proposed
development is the final stage of an existing village and is identified as such on the
MESP.
Housing Density
The subject property has a density of R30 which requires a minimum lot size of 260
square metres and a minimum average of 300 square metres. Subject to clause
5.5.2, of the R-codes) a one third reduction in the minimum and average lot sizes can
be applied for the development of aged persons dwellings.
•
The smallest lot area proposed is 220 square metres with the average lot
area provided at 249 square metres.
o The proposed development is consistent with this requirement subject
to clause 5.5.2
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•
Clause 5.5.2 provides that an aged person dwelling shall have a maximum
plot ratio area of 100 square metres. The proposed dwellings have plot ratio
areas ranging between 110 square metres and 139 square metre.
o While the lot size concession depends on compliance with 5.5.2, and
the proposed development is not consistent with the ‘Deemed to
Comply’ measures, based on the proposal being a continuation of the
existing pattern of development and consistent with the ‘Design
Principles’ of clause 5.5.2, it is considered acceptable to apply the
density concession.
House Design
The dwellings proposed are based on replication of similar existing designs are all
three bedroom two bathroom single storey dwellings with most of the proposed
dwellings also including double garages. Given the use as an aged persons village,
the requirement for three bedroom and two bathrooms may be questioned, however
it is consistent with the existing previously approved stages of the village.
The positioning of the dwellings is consistent with the existing development within the
complex and results in a streetscape reflective of the low density development
surrounding.
Site Coverage
Section 5.1.4 of the R-codes considers the provision of site coverage and open
space. For areas with a density code of R30 the ‘Deemed to Comply’ requirements
are a minimum open space on site of 45%. This leaves a maximum site coverage as
of right to 55%. While acknowledging that the R-codes discuss the apportionment of
areas of common property to be included in the calculations of open space, the
proposed development includes significant variations to the open space provided in
each individual lot. As provided in the attached ‘Schedule of Open Space’, each of
the dwellings, with the exception of one, covers greater than 55% of the sites. The
City’s approved Local Planning Policy No.10 allows for a variation to this of up to 5%.
The average site cover across the proposed development amounts to approximately
65.45%.
The ‘Design Principles’ as outlined in section 5.1.4 do not provide such variations
made on the basis that the dwellings are provided additional security through the
provision of permitter fencing. The addition of the internal road to allow for the
perimeter fencing has led to the reduction in lot size with similar housing. While
acknowledged this is reflective of the previously approved stages and existing
development internally, it is also considered to be a significant site cover variation
and if the previous design, which did not include the internal road, was developed
with the same dwellings, the site cover would be close to being compliant.
Based on the common property area being included in the calculations, in
accordance with the provisions of the R-Codes together with a continuation of the
high quality landscaped internal common areas and the provision of an additional
club house facility, the site cover variation is considered acceptable and consistent
with the existing development on the complex.
Page 5
Movement Network
Contrary to previous concepts and designs for the subject property, the current
proposal includes an internal service road providing access to the southernmost
dwellings from within the property rather than from the public road. The proponent
contends this revision is to allow for additional security measures (perimeter fence)
surrounding the site and similar to treatments elsewhere in existing stages. In
addition, the open style security fencing will provide residents of the proposed
dwellings with a sense of inclusion into the Lady Brand Village community. The City
is not adverse to such treatment provided it is visually permeable.
While it is acknowledged the creation of an internal road which then allows for the
security fence, results in no proposed dwellings gaining direct access to the public
road network, it is still considered a requirement that the road connection between
Kwella Entrance and Mississippi Drive is constructed. The construction of the road
linkage has been deferred during previous subdivisions and stages of development
and as this is the final stage of the development, it is considered an appropriate
juncture at which to finalise the road network construction. Currently, the parcel is
designated as a Right of Way with the State and it is housing sea containers and
general construction rubbish. The City has initiated the process seeking this parcel to
be dedicated as a road reserve with the State and it is anticipated this will occur in
due course.
As such, a condition is included within the recommendations that arrangements be
made for the construction of this road. Given the road is not yet dedicated as a road
reserve, should the proponent wish to commence construction of the development
prior to the dedication occurring, a contribution in lieu of the construction is
acceptable.
Mini Clubhouse
In addition to the proposed dwellings, it is also proposed to include a ‘mini clubhouse’
within this development. The Ladybrand Village already has a significant communal
meeting, activity and function facility located centrally. This was developed during
earlier stages of development and to a scale which caters for the entire village
developed at capacity. This being the case, the ‘mini clubhouse’ is not a required
element for this stage, however it does provide a small secondary communal location
within the site for residents to use when only a small facility is required. The
clubhouse has a roof area of 165 square metres and includes ablution facilities, a
kitchen and open area. There are six additional car parking bays included although it
is assumed most people using it would walk from within the facility and the bays
would only be necessary for external visitors attending a small meeting or function.
Conclusion:
The proposed development of the final stage of the Ladybrand Retirement Village
has been anticipated for a number of years and while it is not entirely consistent with
previous versions or concepts provided for the subject site, it is reflective of the
preceding stages of development. The variations to the ‘Deemed to Comply’
provisions of the Residential Design Codes have been sufficiently addressed and the
development is consistent with the ‘Design Principles’. It is recommended that
conditional approval is granted for the proposal accordingly.
Page 6
PERTH OFFICE
P: +61 8 9388 2666
F: +61 8 9328 3515
E: [email protected]
41 STUART STREET
PERTH WA 6000
P.O. BOX 143
NORTHBRIDGE WA 6865
PERTH OFFICE
P: +61 8 9388 2666
F: +61 8 9328 3515
E: [email protected]
41 STUART STREET
PERTH WA 6000
P.O. BOX 143
NORTHBRIDGE WA 6865
PERTH OFFICE
P: +61 8 9388 2666
F: +61 8 9328 3515
E: [email protected]
41 STUART STREET
PERTH WA 6000
P.O. BOX 143
NORTHBRIDGE WA 6865
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