Ordinary Meeting of Council

09 May 2018

3.7 PROPOSED FRONT STREET FENCE - LOT 62 (NO.6) ERIC STREET,

MIDLAND (DA598-17)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Planning approval is sought for a proposed front street fence inclusive of a gate
at Lot 62 (No. 6) Eric Street Midland.

• Lot 62 (No. 6) Eric Street Midland is zoned 'Urban' under the Metropolitan
Region Scheme (MRS) and Residential R40/60 under the City's Local Planning
Scheme No. 17. (LPS17)

• The application proposes a variation to the 'deemed to comply' requirements of

the Residential Design Codes (R-codes) with regard to sight lines, as the fence
has not been reduced to a height of 0.75m where it abuts the driveway for this
property and the adjoining property at 8 Eric Street.

• The front street fence was advertised to affected adjoining landowners. One
(1) objection was received, citing concerns with pedestrian and landowner
safety as a result of the variations to sight lines based on the fence in its
current location.

• The applicant was invited to re-design the front street fence in order to ensure
compliance with the deemed to comply requirements of the R-codes. However,
the applicant wishes to have the application determined based on the plans
submitted.

• City staff consider that the application does not satisfy the deemed to comply
requirements of the R-codes, nor is it considered to demonstrate compliance
with the relevant design principles for sightlines.

It is recommended that the Council refuse the application for a proposed front street
fence at Lot 62 (No. 6) Eric Street Midland due to concerns that the location of the
proposed front fence does not ensure adequate sightlines for vehicles and pedestrians.

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AUTHORITY/DISCRETION

LPS17 (cl.10.3)

Council has discretion in accordance with cl.10.3 of Local Planning Scheme No. 17 to
approve (with or without conditions) or refuse the application.

2015 Regulations (cl. 68 (2))

Council has discretion in accordance with cl. 68 (2) of the Planning and Development
(local Planning Schemes) Regulations 2015 to determine an application for development
approval by:

• Granting development approval without conditions; or

• Granting development approval with conditions; or

• Refusing to grant development approval

Pursuant to cl. 2.4 of the state planning policy 3.1 - Residential Design Codes, (R-codes)
where a proposal does not meet the deemed to comply requirements of the R-codes and
addresses the relevant design principles, the Council is to exercise judgement (in
relation to those specific elements only) to determine the proposal.

Pursuant to cl. 2.5.1 of the R-codes, the Council in its judgement of the merits of the
proposal is to have regard to the objectives and design principles of the R-codes. The
Council in its assessment of a proposal that addresses the design principles shall not
apply the corresponding deemed-to-comply provisions.

RIGHT OF REVIEW

2015 Regulations (cl.76(2))

In accordance with cl. 76(2) of the Planning and Development (Local Planning Schemes)
2015 an affected person (meaning the applicant of the subject development application
or the owner of the subject land) may apply to the state Administrative Tribunal for a
review of a reviewable determination in accordance with the Planning and Development
Act 2005 Part 14.

BACKGROUND

Applicant: Geming Ma
Owner: Geming Ma
Zoning: LPS17 - Residential (R40/60)

MRS -
Strategy/Policy:
Development Scheme:
Existing Land Use:
Lot Area:
Use Class Permissibility:
Urban
State Planning Policy 3.1 - Residential Design Codes
Local Planning Scheme No. 17
Single House
960m2
Works associated with a Single House (‘P’ use)

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DETAILS OF PROPOSAL

The application seeks approval for the construction of a masonry front street fence at Lot
62 (No. 6) Eric Street Midland. The fence will have a sold maximum height of 0.6m,
with pillars and permeable infill slats up to a height of 1.8m. Lot 62 (No. 6) Eris Street
Midland is a residential lot that orientates in a north to south direction and consists of an
existing single storey residential dwelling. The subject site is surrounded by a variety of
residential dwelling types including single houses, grouped dwellings, multiple dwellings
and vacant lots. The topography of the subject site is relatively flat.

PUBLIC CONSULTATION

Public consultation was completed as per the following:

Duration 14 days from 21 February 2018 to 7

march 2018
Method Notification letter to adjoining landowner
and email to adjoining landowner.
Submissions received One (1) objection
One (1) non-objection

The objection cited concern with the proposal with a solid 1.8m masonry pier located
adjacent to their driveway having the potential to impact on their personal safety when
reversing out of the driveway as well as the safety of pedestrians using the footpath
located The other submission did not object to the front fence per se, but their
comments stated that the location of the footpath needed to be taken into consideration.

APPLICANT'S SUBMISSION

In support of the proposed front fence at Lot 62 (No. 6) Eric Street Midland, the
applicant has provided the following:

The project is a masonry wall from the side boundary to the driveway. The current plans
do not include the desired lower height and further setback against the driveway. This is
due to the size of our driveway. Spanning 6m, to further increase the distance between
the walls of the fence would require a gate too cumbersome and difficult to operate,
install and use in an efficient manner.

The applicant would also like to emphasize the changes made from the original proposal
which increased visual permeability to 75% abutting the internal driveway and the need
for the fence for general security reasons.

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ASSESSMENT

Zoning & Permissibility of Land Use

Lot 62 (No. 6) Eric Street Midland is zoned ‘Urban’ under the Metropolitan Region
Scheme (MRS) and ‘Residential’ under the City’s Local Planning Scheme No.17 (LPS17).
The subject site has a residential coding of R40/60.

The proposed development is in association with an existing approved ‘Single House’

which is a ‘P’ use within the Residential zone, meaning that the development is permitted
by the Scheme provided it complies with the relevant development standards and the
requirements of the Scheme.

In that regard, the subject development requires assessment against the relevant
planning framework as detailed below.

State Planning Policy 3.1 – Residential Design Codes (R-Codes)

The R-codes provide the basis for assessing residential development throughout Western
Australian and consists of various design elements relating to residential built form.
Where a residential development satisfies the 'deemed to comply' provisions of the R-
codes and does not require approval in accordance with Part 6 of the City's Local
Planning Scheme 17, no planning approval is required. If an application does not meet
the 'deemed to comply' provisions of the R-codes it must suitably address the relevant
'design principles' to the satisfaction of the decision maker. With regard to the design
element relating to sightlines, the deemed to comply provisions are listed as follows:

5.2.5 Sight lines

5.2.5 (C5) require fences truncated or reduced to no higher than 0.75m within 1.5m of
where it adjoins vehicle access points, where a driveway meets a public street and where
two streets intersect.

Assessment of the proposal indicates that the front street fence does not satisfy the
'Deemed to Comply' requirements of the R-codes, with the front street fence located
next to the internal driveway for 6 Eric Street being higher than 0.75m within 1.5m of
where the internal driveway adjoins vehicle access points. This is also exacerbated by
pedestrian footpath located at a nil setback to the front fence. Furthermore, the front
fence for 6 Eric Street Midland has a height greater than 0.75m and is also located closer
than 1.5m to the existing internal driveway for 8 Eric Street which will impact on their
respective sight lines.

As the proposed front street fence does not meet the deemed to comply provisions of
the R-codes and an objection to the R-code variation relating to sight lines was received
from the adjoining landowner at 8 Eric Street during advertising, the application has
been assessed under the relevant design principles of the R-codes relating to sight lines
which state the following;

'Unobstructed sight lines provided at vehicle access points to ensure safety and visibility
along vehicle access ways, streets, rights-of-way, communal street, crossovers and
footpaths.'

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City staff believe that the current proposal compromises the design principle relating to
unobstructed sight lines at vehicle access points as there are solid and structures
totalling a maximum height of 1.8m in the form of masonry piers located within 1.5m of
where the internal driveway meets Eric Street next which will obscure sightlines for
motorists reversing from the driveway at 6 Eric Street. The obstructed sight lines will
make it less likely for motorists egressing 6 Eric Street to see approaching pedestrians
and cyclists using the footpath on Eric Street. This is considered to elevate the risk of
potential accidents involving egressing motorists from 6 Eric Street and users of the
footpath on Eric Street with the footpath at a nil setback to the front lot boundary of 6
Eric Street presenting little or no opportunity for egressing vehicles to break in a timely
manner for approaching pedestrian traffic using the footpath.

The front fence is also located closer than 1.5m to the internal driveway which services 8
Eric Street. The proposed front street fence will present a similar hazard for vehicles
egressing 8 Eric Street Midland to that of vehicles which egress 6 Eric Street. The 1.8m
high masonry piers may also impede sightlines on future developments on 2 Eric Street
Midland which has a current approval for a 4 lot survey strata subdivision although the
crossover locations have not been formalised to date. In light of the above, City staff
are of the opinion that the proposed front fence at Lot 62 (No. 6) Eric Street Midland
does not demonstrate compliance with the design principles of the R-codes relating to
sightlines.

OPTIONS AND IMPLICATIONS

Option 1: That Council resolve to refuse the application for the Proposed Front Street
Fence at Lot 62 (No. 6) Eric Street Midland for the following reasons:

1. The proposed front street fence at lot 62 (No. 6) Eric Street

Midland does not demonstrate compliance with State Planning
Policy 3.1 - Residential Design Codes with regard to Design
Principle 5.2.5 (P5) - Sight lines.

2. The proposed front street fence at Lot 62 (No. 6) Eric Street

Midland will increase the risk of pedestrian collisions and
accidents for Lot 62 (No. 6) Eric Street Midland as well as the
adjoining properties at 2 and 8 Eric Street Midland.

Implications The applicant may be aggrieved by the decisions of Council and have a
Right of Review at the State Administrative Tribunal.

This is the recommended option.

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Option 2: Council may resolve to approve the application for a front street fence
at Lot 62 (No. 2) Eric Street Midland subject to the following conditions:

1. This approval is for a 'Front Street Fence' as illustrated on the

submitted plans received by the City of Swan dated 24 November
2017.

2. The visual permeability is to be increased to a minimum of 75%

for the infill panels as depicted in the annotated elevation plans.

3. Earthworks, footings and/or structure are not to extend over any

lot boundaries.

4. The applicant is to ascertain the location and depth of any services

that may interfere with this development. Any adjustment to
these services required as part of this approval must be arranged
by the applicant prior to works commencing on the site. Any
adjustment must be approved by the relevant service authorities
and will be at the applicant's expense.

Implications: The applicant would be able to proceed with the development.

This is not the recommended option.

CONCLUSION

The application seeks approval for the construction of a front fence at Lot 62 (No. 6) Eric
Street Midland. The front fence consists of a solid component of 0.6m and masonry
piers and associated infill slats up to a height of 1.8m located on the front lot boundary
of 6 Eric Street Midland. The proposed front fence does not satisfy the deemed-to-
comply requirements of the R-codes with regard to sight lines.

The variation to sight lines was advertised to adjoining landowners, with one (1)
submission received which objected to the proposal citing safety concerns to vehicles
and pedestrians as a result of the location of the front fence. City staff are of the opinion
that the proposal does not demonstrate compliance with the design principles of the R-
codes with regard to sight lines, as the nil setback of the foot path to the proposed front
fence as well as the location of the internal driveway at the adjoining property at 8 Eric
Street to the masonry pier will increase the risk of potential vehicle and pedestrian
collisions. In light of the above, City staff cannot support the proposal in its current
format and it is recommended that Council resolve to refuse the front fence at Lot 62
(No. 6) Eric Street Midland.

ATTACHMENTS

Location Plan

Site Plan

Elevation Plan

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STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 17

State Planning Policy 3.1 - Residential Design codes

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Refuse the application for the Proposed Front Street Fence at Lot 62 (No. 6) Eric
Street Midland for the following reasons:

1. The proposed front street fence at lot 62 (No. 6) Eric Street Midland does
not demonstrate compliance with State Planning Policy 3.1 - Residential
Design Codes with regard to Design Principle 5.2.5 (P5) - Sight lines.

2. The proposed front street fence at Lot 62 (No. 6) Eric Street Midland will
increase the risk of pedestrian collisions and accidents for Lot 62 (No. 6)
Eric Street Midland as well as the adjoining properties at 2 and 8 Eric
Street Midland.

2) Advise the applicant/landowner of the resolution of Council.

3) Advise those who lodged a submission of the resolution of Council.

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MOTION that the Council resolve to:

1) Approve the application for a front street fence at Lot 62 (No. 2) Eric Street
Midland subject to the following conditions:

1. This approval is for a 'Front Street Fence' as illustrated on the submitted

plans received by the City of Swan dated 24 November 2017.

2. The visual permeability is to be increased to a minimum of 75% for the

infill panels as depicted in the annotated elevation plans.

3. Earthworks, footings and/or structure are not to extend over any lot
boundaries.

4. The applicant is to ascertain the location and depth of any services that
may interfere with this development. Any adjustment to these services
required as part of this approval must be arranged by the applicant prior
to works commencing on the site. Any adjustment must be approved by
the relevant service authorities and will be at the applicant's expense.

2) Reasons for changing the officer’s recommendation:

1. The proposed front fence is needed for security reasons.

2. The proposed fence does not significantly change sightlines from the
adjacent driveway a No 8 as there is a tree and a shrub at the corner of No
6, No 8 and the pedestrian pathway which blocks the sightline.

3. The applicant has changed the design to increase the visual permeability of
the fence to 75%.

(Cr Johnson – Cr Scanlan)

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RESOLVED UNANIMOUSLY TO:

1) Approve the application for a front street fence at Lot 62 (No. 2) Eric Street
Midland subject to the following conditions:

1. This approval is for a 'Front Street Fence' as illustrated on the submitted

plans received by the City of Swan dated 24 November 2017.

2. The visual permeability is to be increased to a minimum of 75% for the

infill panels as depicted in the annotated elevation plans.

3. Earthworks, footings and/or structure are not to extend over any lot
boundaries.

4. The applicant is to ascertain the location and depth of any services that
may interfere with this development. Any adjustment to these services
required as part of this approval must be arranged by the applicant prior
to works commencing on the site. Any adjustment must be approved by
the relevant service authorities and will be at the applicant's expense.

2) Reasons for changing the officer’s recommendation:

1. The proposed front fence is needed for security reasons.

2. The proposed fence does not significantly change sightlines from the
adjacent driveway a No 8 as there is a tree and a shrub at the corner of No
6, No 8 and the pedestrian pathway which blocks the sightline.

3. The applicant has changed the design to increase the visual permeability of
the fence to 75%.

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