3.3 PROPOSED VARIATIONS TO GUILDFORD DESIGN GUIDELINES AND DETAILED AREA PLAN FOR SINGLE DWELLING - LOT 203 (NO.4) WELLMAN STREET, GUILDFORD

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1 3.3 PROPOSED VARIATIONS TO GUILDFORD DESIGN GUIDELINES AND DETAILED AREA PLAN FOR SINGLE DWELLING - LOT 203 (NO.4) WELLMAN STREET, GUILDFORD (Guildford Ward) (Statutory Planning) KEY ISSUES The applicant is seeking dispensation to: (i) (ii) (iii) (iv) vary the Guildford Conservation Precinct Design Guidelines to permit construction of her dwelling in a brick colour of a non-traditional hue (cream); vary the Detailed Area Plan (DAP) applicable to the estate by orientating the house so that the main access (front door) is off Wellman Street, as opposed to Tauman Loop; vary the DAP by constructing the garage at a setback of 2.5 metres from the boundary where the requirement is for a 4.5 metre setback; and vary the DAP to facilitate a fence greater than 1 metre in height along the boundary with Tauman Loop. In the matter of the proposed brick colour both the City's consultant Heritage Architect and City staff agree that allowing a cream hued brick will be an inconsistent application of Guildford Design Guidelines and cannot be supported. The variation to the garage setback provisions of the DAP were advertised to all landowners within the estate and all 5 submissions received objected to the variation on the grounds of impact on streetscape amenity, safety and security and that such variation would be inequitable to those residents that had built conforming to the DAP. These claims are accepted by staff and the applicant can easily resolve the matter by simply installing a visually permeable door to alter it from a "garage" to a "carport". The proposed orientation of the house and installation of taller fencing are supported, consistent with what has been approved at the abutting Lot 202 and which has been no cause for complaint from other residents within the estate. It is recommended that the Council resolve to: 1) Refuse the proposed variation to the Guilford Conservation Precinct Design Guildford to be constructed of the cream hued "Whitecliffe" face brick. 2) Refuse to vary the applicable Detailed Area Plan No.92 to permit the garage of the dwelling to be setback at 2.5 metres from the boundary to Tauman Loop. Page 1

2 3) Interpret the Detailed Area Plan provision pertaining to "frontage" in favour of the applicant's proposed orientation of their dwelling; and 4) Permit the construction of a visually permeable fence along the boundary to Taman Loop to a height exceeding 1 metre. AUTHORITY/DISCRETION Council has the discretion under Clause 5A to vary Detailed Area Plans in accordance with Clause 5A.1.14 (which provides for such variation to be done either by resolution, provided such variation does not materially alter the intent of the Structure Plan the DAP is pursuant to or otherwise after advertising to affected landowners). BACKGROUND Applicant: Residential Building WA Owner: Ms Drue Babb Zoning: TPS - Residential Development MRS - Urban Strategy/Policy: Pol-C-106 Guildford Conservation Precinct Design Guidelines Development Scheme: Existing Land Use: Vacant lot Lot Size: 504m 2 Area: Use Class: Single House "P" DETAILS OF THE PROPOSAL The applicant has obtained a building licence, but not a planning approval, for a single storey dwelling, to be of brick and tile construction with a plate height of 2.4 metres. The particular aspects of the dwellings construction and siting will be discussed with respect to the Guildford Design Guidelines and the relevant Detailed Area Plan further in the report. DESCRIPTION OF SITE The lot is a regularly configured block of 504m 2 in area with road frontage to three sides (Wellman Street and Tauman Loop). The lot is situated within the newly created "Whiteman Estate" located on the southern side of James Street in Guildford. Page 2

3 REPORT Through error, the applicant has been issued with a Building Licence without first obtaining the necessary planning approval. The design of the single dwelling that the owner wishes to construct on the lot entails several variations to both the Guildford Conservation Precinct Design Guidelines and the Detailed Area Plan, both of which apply to the Whiteman Estate. These variations are outlined and discussed as follows: Provision Acceptable Development Provisions (scale or size) The Acceptable Development provisions of the Guildford Design Guidelines stipulate that plate heights for residential dwellings should be a minimum of 3 metres and a maximum of 4.2 metres. Within the Whiteman Estate the City has to date consistently required that dwellings be constructed to the minimum plate height. This position has been communicated to the applicant and they have accepted the requirement to increase the plate height from 2.4 metres to 3 metres. Provision Acceptable Development Provisions (materials and colour) This provision stipulates that acceptable materials for non-heritage buildings include but are not limited to red through to orange brick. A further provision stipulates what are unacceptable materials within the Guildford Conservation Precinct, these being limestone, tilt-up concrete and glass walling. The applicant has sought to utilise a new release brick type from Midland Brick called "Whitecliffe". This may be appropriately described as being of a cream hue, which sits outside of the spectrum of brick colours that the Guidelines recognise as being historically characteristic within Guildford. The applicant has cited those parts of the Guidelines pertaining to traditional colour schemes for residential development in Guildford and has provided photographic examples of a number of residences that present in colour ranges outside of red - orange. The critical point here is that the Guidelines are drawing distinctions between the use of creams/whites etc as a rendered finish on brick, wood or weatherboard and the use of lighter coloured face brick. The City's consultant Heritage Architect has reviewed the brick type proposed by the applicant and has affirmed that it is inconsistent with the Guidelines and the application of them that the City has taken over many years - specifically that lighter colour bricks are reminiscent of limestone that is clearly articulated in the Guidelines as inappropriate. It is considered that there are no grounds to depart from the consistent and equitable manner in which the City has applied the Guidelines since their inception and it is readily open to the applicant to either pursue a different brick colour that sits within the red-orange spectrum or alternatively to apply to the selected brick a smooth render finish. Both options would thereby conform with the Acceptable Development provisions of the Guidelines. On this basis it is recommended that Council do not support the proposed variation to the Guidelines to permit the applicant to utilise as a face brick finish the "Whitecliffe" brick type. Variation to Detailed Area Plan 92 - provision "Garages on Tauman Loop shall be setback 4.5m" It is useful here to make a distinction between garages and carports. In order not to be defined under the Residential Design Codes as a "Garage" a built car parking space must qualify as a "Carport". The definition of a carport is "A roofed structure designed Page 3

4 to accommodate one or more motor vehicles unenclosed except to the extent that it abuts a dwelling or a property boundary on one side, and being without a door unless that door is visually permeable." The applicant's intention was to provide a solid and visually impermeable roller door. As such the built car space becomes a "Garage" and is at variance to the above DAP provision by virtue of being setback 2.5 metres from the boundary to Tauman Loop. This variation was advertised to all 18 properties within the DAP area, although only 11 of the properties with garage access off Tauman Loop are directly subject of the provision, and only 6 of these properties have built or are in the process of building. Five submissions were received, all objecting to the variation to permit a garage less than 4.5 metres from the street boundary, citing concerns for loss of visual appeal and security from a uniform open streetscape, loss of verge space for children and associated resultant safety issues, and inequity with other residents building to comply with the DAP requirement. It is true that all but one of the dwellings built within this portion of the Whiteman Estate comply with the garage setback requirement. As a small enclave the near perfect uniformity of dwellings in this regard creates a strong aesthetic clearly valued by the residents. To that end the variation to permit a garage at 2.5 metres from Tauman Loop would be inconsistent with the distinct prevailing amenity of the streetscape and starkly in contrast to the visually permeable carport of the immediately abutting neighbour on Lot 202. Given that to qualify as a carport and so not be bound by the 4.5 metre setback, the applicant need only install a visually permeable door, it is considered a minor and reasonable imposition for the sake of preserving the amenity of this small and apparently close residential enclave. It is therefore recommended that Council not permit the variation to the DAP to permit a garage at 2.5 metres from the street boundary. Variation to Detailed Area Plan 92 - provision "Lots , 211 and 213 to front Access way (Tauman Loop)" There is a question as to whether the applicant's proposed siting and house design represents a variation to this provision. This is dependent on the interpretation of the term "front" in the provision, whether it is taken to mean the front of the house shall face Tauman Loop or whether it is taken to mean that the house is designed so that it presents in a manner that "addresses" that street sufficient to ensure passive surveillance from major openings to habitable rooms i.e. living rooms/dining rooms etc. In the case of Lots 211 to 213 there is no ambiguity in this as there is only one street frontage. However it need be noted that Lot 202 has been approved and built with the front of the house facing Wellman Street but still designed to ensure that the house addresses Tauman Loop with major openings and sufficient articulation to present as if it were in effect the front of the house. It is further worth noting that this arrangement does not appear to have caused any complaint from the other residents of the estate and on that basis it would now be an inconsistent application of the DAP to deny the applicant the same siting and design of house. To that end the interpretations of this DAP provision should be exercised in favour of this applicant as it has been in the instance of the abutting Lot 202. Variation to Detailed Area Plan 92 - provision "1m high 70% permeable fencing to the primary street is permitted" The applicant has indicated their desire to vary this requirement consequent to their intended siting of their dwelling where their outdoor alfresco area, their backyard effectively, will be to the Tauman Loop side. The applicant is keen to have a taller Page 4

5 fence to achieve greater privacy of their courtyard area and to ensure the secure retention of their dog (they contend that a 1 metre high fence is insufficient for this purpose). As already noted the abutting Lot 202 is sited in the same manner as that proposed by the applicant and has visually permeable wooden picket fencing to a height of 1.8 metres. Again this does not appear to have been a cause of complaint from residents of the estate. Noting the absence of such complaints and the fact that the provision should be considered excessively onerous for the three dual frontage lots in this estate for the sound reasons provided by the applicant it is considered entirely reasonable to vary this provision in accordance with Clause 5A that is by resolution without the need to pursue public advertising. OPTIONS AND IMPLICATIONS Option 1: Council may resolve to: (i) (ii) (iii) (iv) allow the proposed variation to the Guilford Conservation Precinct Design Guildford to be constructed of the cream hued "Whitecliffe" face brick; vary the applicable Detailed Area Plan No.92 to permit the garage of the dwelling to be setback at 2.5 metres from the boundary to Tauman Loop; interpret the Detailed Area Plan provision pertaining to "frontage" in favour of the applicant's proposed orientation of their dwelling; and permit the construction of a visually permeable fence along the boundary to Taman Loop to a height exceeding 1 metre. This is not the recommended option. Implications: Permitting cream coloured face brick is a significant departure from the City's consistent application of the Guildford Design Guidelines and would potentially set a precedent for a significant alteration to the character of this historic locality. The variations to the garage setback would significantly impact on the streetscape of this very small residential enclave in a manner that is clearly contrary to the amenity expressly enjoyed by its residents. Option 2: Council may resolve to: (i) (ii) refuse the proposed variation to the Guilford Conservation Precinct Design Guildford to be constructed of the cream hued "Whitecliffe" face brick; refuse to vary the applicable Detailed Area Plan No.92 to permit the garage of the dwelling to be setback at 2.5 metres from the boundary to Tauman Loop; Page 5

6 (iii) (iv) not interpret the Detailed Area Plan provision pertaining to "frontage" in favour of the applicant's proposed orientation of their dwelling; and refuse the construction of a visually permeable fence along the boundary to Tauman Loop to a height exceeding 1 metre. This is not the recommended option. Implications: The applicant will have a right of appeal to the State Administrative Tribunal. Option 3: Council may resolve to: (i) (ii) (iii) (iv) refuse the proposed variation to the Guilford Conservation Precinct Design Guildford to be constructed of the cream hued "Whitecliffe" face brick; refuse to vary the applicable Detailed Area Plan No.92 to permit the garage of the dwelling to be setback at 2.5 metres from the boundary to Tauman Loop; interpret the Detailed Area Plan provision pertaining to "frontage" in favour of the applicant's proposed orientation of their dwelling; and permit the construction of a visually permeable fence along the boundary to Taman Loop to a height exceeding 1 metre. This is the recommended option. Implications: This will maintain the consistency of the City's approach to the character of the Guildford locality, maintain the amenity of the estate as expressly enjoyed by the residents but afford a reasonable commonsense dispensation to the applicant that will clearly not impinge on the amenity of the estate. CONCLUSION The applicant is seeking variations to the Guildford Conservation Precinct Design Guidelines and the applicable Detailed Area Plan No.92 in the construction of their house at Lot 203 (No.4) Wellman Street, Guildford. These entail the use of cream coloured brick in construction, the orientation of the house to Wellman Street as opposed to Tauman Loop, the setback of the garage at 2.5 metres to the street boundary and the installation of a fence greater than 1 metre along Tauman Loop. For reasons of the character and amenity of the broader Guildford locality and this particular residential estate, the proposed brick colour and garage setback are not supported. The house orientation and proposed fencing are consistent with what has been constructed, without any complaint from other residents, on the abutting Lot 202. These latter two aspects of the proposed dwelling are supported. Page 6

7 ATTACHMENTS Location Plan Detailed Area Plan No.92 Floor Plan and Elevations STRATEGIC IMPLICATIONS Nil STATUTORY ENVIRONMENT City of Swan Local Planning Scheme No.17 FINANCIAL IMPLICATIONS Nil RECOMMENDATION That the Council resolve to: 1) Refuse the proposed variation to the Guilford Conservation Precinct Design Guildford to be constructed of the cream hued "Whitecliffe" face brick. 2) Refuse to vary the applicable Detailed Area Plan No.92 to permit the garage of the dwelling to be setback at 2.5 metres from the boundary to Tauman Loop. 3) Interpret the Detailed Area Plan provision pertaining to "frontage" in favour of the applicant's proposed orientation of their dwelling; and 4) Permit the construction of a visually permeable fence along the boundary to Taman Loop to a height exceeding 1 metre. 5) Notify all parties that have made a submission of Council decision accordingly. Page 7

8 MOTION that the Council resolve to: 1) Defer consideration of this matter to the next Council meeting to allow discussions to take place between the Ward Councillor and City staff relating to the issues raised by the Applicant in her deputation earlier in the meeting. 2) Record that the reason for changing the Recommendation is to address issues raised by the Applicant during her deputation earlier in the meeting. FORESHADOWED MOTION (Cr T Williams - Cr Lucas) Cr Marino foreshadowed that should the motion be defeated he would move that the application be approved. RESOLVED (9/6) TO: 1) Defer consideration of this matter to the next Council meeting to allow discussions to take place between the Ward Councillor and City staff relating to the issues raised by the Applicant in her deputation earlier in the meeting. 2) Record that the reason for changing the Recommendation is to address issues raised by the Applicant during her deputation earlier in the meeting. Cr Marino requested that the votes of members be recorded: For: Against: Mayor Cr Zannino, Councillors Wainwright, Cheung, P Williams, Färdig, T Williams, Bailey, Congerton and Elliott Councillors Marino, Gregorini, Trease, Lucas, Haynes and McNamara Page 8

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