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3.4 PROPOSED GROUPED DWELLING (16 UNITS) - LOT 9178 HENLEY
BROOK AVENUE, ELLENBROOK (ARAVA CIRCLE, AVELEY)

Ward: (Ellenbrook Ward) (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: Executive Manager - Planning and Development.
KEY ISSUES
Council considered an amendment to ODP 45 at its Ordinary Meeting on 9 November 2011 where it was resolved to support a re-coding of Lot 9178 Henley Brook Avenue, Ellenbrook from R5/10 to R30. Council also resolved that following endorsement of Structure Plan 45 by the Western Australian Planning Commission (WAPC), any subsequent Development Application or Detailed Area Plan received for the subject site shall be dealt with by the Council and not by City staff under delegated The proposed amendment to ODP 45 has been forwarded to the Commission for final determination. The Commission has not yet determined the proposed The application before Council is for 16 Grouped Dwellings. The applicant has had discussions with one of the Ward Councillors with respect to the proposed development application in the context of Council’s resolution on ODP 45/B. The proposed 16 Grouped Dwelling development application was designed in a manner that addresses local residents concerns. The application was assessed in accordance with Local Planning Policy 128 – Building and Development Standards for Residential Zones and the Residential Design Codes of Western Australia. Furthermore the design has been assessed from a visual perspective in accordance with the developers design guidelines. The proposed 16 unit Grouped Dwelling application for Lot 9178 Henley Brook Avenue, Ellenbrook promotes a cohesive design which will integrate into the existing locality. Subject to conditions, the proposal is consistent with the scheme and R-Codes requirements and is in accordance with proper and orderly planning principles. It is recommended that the Council approve the proposed 16 Grouped Dwellings application subject to conditions and subject to the Commission's final endorsement of ODP45/B. AUTHORITY/DISCRETION
Council resolution OCM 9 November 2011 (point 3): “Instruct City staff that following endorsement of the Structure Plan 45 by the WAPC, any subsequent Development Application or Detailed Area Plan received for the subject site shall be dealt with by the Council and not by City staff under delegated Clause 10.3 of LPS 17 states that “in determining an application for planning approval the local government may resolve to grant approval (with or without conditions) or refuse to grant approval.” BACKGROUND
Yaran Property Group - (Directors: Caleb Dalziell & Department of Housing / Care of Ellenbrook Strategy/Policy: N/A Development Scheme: DETAILS OF THE PROPOSAL
The applicant proposes sixteen grouped dwellings at Lot 9178 Henley Brook Avenue, Ellenbrook. The proposed development application will only be able to proceed once the WA Planning Commission has adopted those amendments to ODP 45/B which were approved by Council at its Ordinary Council Meeting on the 9 November 2011. DESCRIPTION OF SITE
The subject land is described as Lot 9178, located directly east of Henley Brook Avenue and south of The Promenade/Millhouse Road. The subject site is in close proximity to the eastern portion of the Ellenbrook Town Centre. The land is currently owned by the Department of Housing, however in care of Ellenbrook Management Pty The site forms part of Ellenbrook and falls within the Woodlake Village Structure Plan. The site does however gain vehicular access from Arava Circle which is located in Aveley. No vehicular access is permitted from the subject site onto either The Promenade/Millhouse Road or Henley Brook Avenue. SITE HISTORY/PREVIOUS APPROVALS
Council approved an amendment to ODP 45 at its OCM on 9 November 2011. Council’s resolution was to support a re-coding of the subject lot from R5/10 to R30. The proposed amendment to ODP 45 has been forwarded to the Commission for final determination. The Commission has not yet determined the proposed amendment to ODP 45. The applicant has had discussions with one of the Ward Councillors with respect to the proposed development application in the context of Council’s resolution for ODP 45/B. The proposed 16 Grouped Dwelling development application was designed in a manner that addresses local residents concerns. OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL
Item 15.3 9 November 2011: Proposed Density Modification (R5/R10 To R30) to Structure Plan ODP 45 Woodlake Village - Lot 9178 Henley Brook Avenue, Ellenbrook (ODP45/B). Approve the proposed modification to Outline Development Plan 45 to recode Lot 9178 Henley Brook Avenue, Ellenbrook from R5/R10 to R30. Refer the modification documents to the Western Australian Planning Commission with a request for their endorsement under 5A.1.14 of Local Instruct City staff that following endorsement of the Structure Plan 45 by the WAPC, any subsequent Development Application or Detailed Area Plan received for the subject site shall be dealt with by the Council and not by City staff Advise all those who lodged submissions of Council's decision accordingly. Record that the reason for changing the Recommendation is to provide Council, especially the Ward Members, the opportunity to have an input as part of the assessment process on any future Development Application or Detailed Area Plan so as to ensure that the concerns of the residents are addressed adequately. APPLICANT'S SUBMISSION
National Rental Affordability Scheme (NRAS) The applicant has advised that the proposal will be developed in accordance with the National Rental Affordability Scheme. The applicant has provided the following "NRAS provides incentives to investors to purchase new residential property and make it available to rent at a discount of 20% from market rent. The tenants have income limits which are summarized below; Initial Income (approx)
Ranging to (approx)
As you can see the income limits are very generous, they represent approximately 68% of the population. For example for a couple with 3 children the maximum income is over $100,000. Once tenants in the property, they can get a pay rise up until $125,000 before they become ineligible to stay in the property. The demographic of tenants that will occupy these NRAS dwellings are admin workers, police, nurses, school teachers, government workers etc. NRAS dwellings are not social housing. They cannot be occupied by the homeless, the unemployed etc as the rent is only discounted by 20%. In other locations where NRAS dwellings have been completed and rented typically there have been over 100 applicants for every home available for rent. This is because they are brand new, high quality homes, offered for rent at a discounted price. Therefore, the property manager and the owner can “cherry pick” the absolute best tenants to go into the properties. Further, the tenant knows that if they do not look after the property they are out and there is another 100 people waiting to occupy the home. Therefore, the standard of tenant that you will get in the NRAS dwelling is way higher than your regular rental dwelling and arguably higher than even many owner occupier dwellings. Further, all NRAS properties will be properly managed by selected and trained property managers. These property managers have huge incentive to manage the properties at a very high standard otherwise they will no longer be on Yaran’s approved list. As the property managers have the opportunity to manage many properties it is a huge incentive for them to put every effort into the management of these properties. In summary, we believe the occupants of these homes will be middle income tenants of the highest calibre, with strong incentives to look after these properties and they will be well managed by trained property managers." PUBLIC CONSULTATION
The associated ODP amendment proposal was advertised for a period of 21 days in accordance with Clause 5A.1.8 of Local Planning Scheme No.17. Advertising included a sign on site, letters to residents and an advertisement in the local newspaper. Council received a total of 44 submissions from local residents of which 4 were in support of the proposal and the remaining 40 objecting to the proposal. Attached to the ODP45/B Council report is a table which summarises the submissions received by Council and provides officer comment in regard to each of the issues raised. Advertising of proposed Grouped Dwelling application The proposed Grouped Dwelling application was not required to be advertised to local residents as a result of the R-Code assessment. The application was not advertised to local residents for any issues relating to the R-Codes. This is in accordance with LPS 17 and Council policy. CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The proposed 16 unit Grouped Dwelling application for Lot 9178 Henley Brook Avenue, Ellenbrook promotes a cohesive design which will integrate into the existing Ellenbrook/Aveley locality. Subject to conditions, the proposal is consistent with proper and orderly planning principles for development. Furthermore the proposal is in accordance with State Planning Policy 3.1 Residential Design Codes of Western Australia. Key issues that were identified by local residents in the associated Outline Development Plan modification (ODP 45/B) are discussed below. Subdivision Design Considerations
The local residents had concerns relating to the number of proposed lots and the potential for additional unwarranted noise. Reduction in the number of lots fronting Arava Circle The applicant has minimised the number of vehicle crossovers onto Arava Circle. The design results in 6 lots gaining access directly from Arava Circle and the remaining 10 lots gaining vehicle access from the internal access way. The proposed dwellings have been designed in accordance with Local Planning Policy 128 – Building and Development Standards for Residential Zones and the R-Codes ensuring adequate setbacks from neighbouring properties. The proposal provides for setbacks, from existing residents, in accordance with the minimum prescribed R-Code setback requirements. Building design consideration
Local residents were concerned that the dwellings would be constructed to a visual standard below existing dwellings on Arava Circle. The proposed 16 Grouped Dwellings have an appearance similar to existing properties within Ellenbrook/Aveley. Attachments 3 and 4 of this report provide a representation of the building façades and details on the building materials. Generally Grouped Dwelling proposals within Ellenbrook are required to comply with the developers design guidelines. The proposed dwellings have approval from the developer in accordance with their design guidelines. Traffic Consideration - Additional Vehicles Proposed
Public consultation during the ODP modification stage resulted in concern from local residents regarding traffic impact that the proposal may have on the existing local road network. The applicant's transport engineers have provided the following comments, which the City engineers are in support of:  "Arava Circle is classified as an access street under the liveable neighbourhood guidelines. This type of road has a maximum desirable capacity of 3000 vehicles per day or about 300 vehicles in the peak hour (although theoretically, it could carry much more traffic than this).  A count was carried out in the AM peak hour (7:30am-8:30am) on Thursday, the 8th of September 2011. A total of 12 vehicles were counted exiting Arava Circle and 1 vehicle was counted entering. From this count, it is estimated Arava Circle is currently carrying in the vicinity of 130 vehicles per day (compared to a maximum desirable capacity of 3000 vpd).  The additional traffic to be generated by the proposed development is estimated to be 90-100 vehicles per day or 9-10 vehicles in the AM peak hour.  It is concluded the additional traffic to be generated by the proposed development is insignificant and is well within the capacity of the road network.  A one way vehicle access system from the proposed development onto Arava Circle is appropriate for handling the anticipated volume of traffic.  As long as there is no direct driveway access from the proposed development onto Henley Brook Drive, we do not anticipate any traffic problems associated with the proposed development." City traffic engineers have provided the following comments in relation to residents' concerns regarding the location of the southern crossover on a corner and within proximity to Lot 1509 (No 42) Arava Circle Aveley. "Only 10 of the lots will be serviced by the proposed private access road adjacent to 42 Arava Circle and as the internal road is a one way loop we would only expect 50 vpd to use this access. I understand that residents have raised concerns regarding the location of this access being on the bend and the proximity to the existing crossover for 42. In regard to the location on the bend, as this access is 'in-only' and taking into account the road network layout, the majority (if not all) the vehicles will be entering by turning left into the property there would be very few, if any, right turn movements which could conflict with other road users. In regard to the proximity of the proposed access and the existing crossover to 42, generally the City likes to keep a significant distance between two commercial crossovers which carry higher volumes. However in this case the crossovers involved are an existing residential and the proposed group housing with less than 50 vpd so the 9m separation of the two crossovers is adequate in this case." Parking consideration
Local residents are concerned with the impact on parking availability that the proposal may have on the local streets. The R-Codes requires two car parking spaces per dwelling. In addition, visitor parking spaces are required to be provided at a rate of one space for each four dwellings, or part thereof in excess of four dwellings, served by a common access. The proposed development therefore requires 2 visitor's parking spaces and 32 resident parking spaces (garages/carports). The proposal is compliant with the R-Codes parking requirements. Furthermore additional guests requiring additional parking spaces could make use of the driveways of their prospective hosts. Local residents “Public Housing” concerns
Correspondence from the Developer regarding the use of the site, dated 2 September 2011 provided as part of the ODP 45/B Council report indicated: “In relation to the recoding application for the above site, Ellenbrook Management Pty Ltd (acting under authority of the Housing Authority) confirms that the Ellenbrook venture is not to develop or sell the site for Public Housing.” The applicant has advised that the proposed dwellings are not going to be used for public housing however the dwellings will initially be rented in accordance with the National Rental Affordability Scheme (NRAS). OPTIONS AND IMPLICATIONS
The Council may resolve to approve the proposed 16 grouped dwelling application on Lot 9178 Henley Brook Avenue, Ellenbrook subject to the Commission's endorsement of ODP45/B. Implication: The owner/applicant would be permitted to lodge a building license application for the 16 grouped dwellings as described in this proposal however the applicant could not commence construction until such time as the Commission approves ODP45/B. The Council may resolve to refuse the proposed 16 Grouped Dwelling application on Lot 9178 Henley Brook Avenue, Ellenbrook. Implication: Should the owner/applicant be aggrieved by this decision the application could result in an appeal to the State Administrative Tribunal, in accordance with Part 14 of the Planning and Development Act 2005. Nonetheless, this option is considered to be unreasonable and as such remains as the non-preferred option for Council. CONCLUSION
The proposed Grouped Dwelling development is considered to be compliant with the R-Codes, Council policy and results in a design outcome that adequately addresses the issues and concerns raised by local residents. Subject to the Commission's final approval of ODP45/B it is recommended that Council grant approval for the proposed 16 Grouped Dwelling(s) at Lot 9178 Henley Brook Avenue, Ellenbrook. ATTACHMENTS
STRATEGIC IMPLICATIONS
STATUTORY IMPLICATIONS
Clause 10.3 of LPS 17 states that: "in determining an application for planning approval the local government may resolve to grant approval (with or without conditions) or FINANCIAL IMPLICATIONS
VOTING REQUIREMENTS
RECOMMENDATION
Approve the application for 'proposed Grouped Dwellings (16)' on Lot 9178 Henley Brook Avenue, Ellenbrook subject to the following conditions: This approval is only valid on the date upon approval by the Western Australian Planning Commission for proposed modification to Outline Development Plan ODP 45/B Woodlake Village to allow for and density of R30 on Lot 9178 Henley Brook Avenue, Ellenbrook. The owners must enter into a legal agreement with the City of Swan to indemnify the City in respect of any damage caused to any common property, particularly to the surface of the common property arising out of the normal course of the collection of waste from the common property. The owners shall execute the legal agreement prior to the issue of a building licence. The agreement shall be prepared by the City's Solicitors to the satisfaction of the City (Currently McLeods: 9383 3133) and the owners shall be responsible to pay all costs associated with the City's Solicitors costs incidental to the preparation of (including all drafts) and stamping and registration and the lodgement of deed of agreement. The proposed balance of title land located to the south of Lot 16 within the confines of the developable area shall be amalgamated to form part The proposal shall be modified to allow for an additional 6 metre passing lane within the common property vehicle access way prior to lodgement of a Building Licence application. This is to be to the satisfaction of the City's Principal Planner. Unit 16 shall be modified to allow for a minimum garage opening of 5.4 metres and an unobstructed reversing area of 6 metres. The redesign shall be to the satisfaction of the City's Principal Planner prior to the lodgement of a building licence. Vehicle access onto the site shall be restricted to that shown on the approved site plan. All pavements on the site must be capable of accepting anticipated loadings (including access ways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent Hardstand pavement is to be designed to withstand anticipated loads and drained to the satisfaction of the Chief Executive Officer. All stormwater produced on the site shall be disposed of into the City’s drainage system via an internal system approved by the Chief Executive Officer. Prior to the issue of a building licence, a landscape plan must be submitted to the City of Swan for approval. For the purpose of these conditions a detailed landscape plan shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan or from the City's website www.swan.wa.gov.au All crossovers must be built and maintained in accordance with City's specifications. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City. i. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development ii. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the owner and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn iii. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site. iv. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard. No works shall commence prior to 7.00 am without the City’s approval. The following correction to the Report was noted: Under "Background" the lot size should have read 5775m2 and not 6305m2. MOTION that the Recommendation be adopted.
RESOLVED UNANIMOUSLY TO:
Approve the application for 'proposed Grouped Dwellings (16)' on Lot 9178 Henley Brook Avenue, Ellenbrook subject to the following conditions: This approval is only valid on the date upon approval by the Western Australian Planning Commission for proposed modification to Outline Development Plan ODP 45/B Woodlake Village to allow for and density of R30 on Lot 9178 Henley Brook Avenue, Ellenbrook. The owners must enter into a legal agreement with the City of Swan to indemnify the City in respect of any damage caused to any common property, particularly to the surface of the common property arising out of the normal course of the collection of waste from the common property. The owners shall execute the legal agreement prior to the issue of a building licence. The agreement shall be prepared by the City's Solicitors to the satisfaction of the City (Currently McLeods: 9383 3133) and the owners shall be responsible to pay all costs associated with the City's Solicitors costs incidental to the preparation of (including all drafts) and stamping and registration and the lodgement of deed of agreement. The proposed balance of title land located to the south of Lot 16 within the confines of the developable area shall be amalgamated to form part of Lot 16. The proposal shall be modified to allow for an additional 6 metre passing lane within the common property vehicle access way prior to lodgement of a Building Licence application. This is to be to the satisfaction of the City's Principal Planner. Unit 16 shall be modified to allow for a minimum garage opening of 5.4 metres and an unobstructed reversing area of 6 metres. The redesign shall be to the satisfaction of the City's Principal Planner prior to the lodgement of a building licence. Vehicle access onto the site shall be restricted to that shown on the All pavements on the site must be capable of accepting anticipated loadings (including access ways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent Hardstand pavement is to be designed to withstand anticipated loads and drained to the satisfaction of the Chief Executive Officer. All stormwater produced on the site shall be disposed of into the City’s drainage system via an internal system approved by the Chief Executive Prior to the issue of a building licence, a landscape plan must be submitted to the City of Swan for approval. For the purpose of these conditions a detailed landscape plan shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan or from the City's website All crossovers must be built and maintained in accordance with City's Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the owner and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent No works shall commence prior to 7.00 am without the City’s approval.

Source: http://www.swan.wa.gov.au/files/8d7abc1d-0eb3-4029-809e-9ff30090dd57/b3-4.pdf