Minutes 15-12-10 - Shire of Shark Bay

ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 44
The Shire of Shark Bay Town Planning Scheme No. 3 permits a residential
outbuilding to be no greater than 60m² in area unless the local authority has granted
specific approval.
However, the shire has adopted a Local Policy pursuant to its planning scheme that
allows residential outbuildings to be up to a maximum of 84m² based upon a lot size
of 1,000 m² with a plate height for the building to be no greater than 3.500 metres.
Based upon the above criteria the maximum size/area of a residential outbuilding on
Lot 203 (131) corner of Knight Terrace and Fry Court which is 961 m² in area would
be 80.7m². What is being proposed is a 168m² outbuilding which is 52% above the
permissible area and 1.000 metre above the specified plate height. The other issue
relative to this proposal is that it is within an area that is subject to inundation for
which the Town Planning Scheme does not permit any buildings to be erected on
any lot unless the floor level is not less than 3.200 A.H.D. This combined with the
proposed plate height of 4.500 metres would make the building approximately 5.500
metres above the existing ground level of the block which could impact significantly
on the visual amenity of the area and adjoining property. The Town Planning
Scheme does not permit Council to vary the height provision of any buildings in land
subject to inundation if the class of building is not referred to in its scheme as being
discretionary.
In other words the Council would have to amend its scheme provisions if it wished to
vary the height of outbuildings in areas subject to inundation.
Comment
The major concerns relative to large residential outbuildings relates to;
• Visual amenity in residential areas
• Overshadowing of neighbouring properties
• Industrial activities being carried on in residential areas
• The conversion of residential outbuildings for habitable purposes
• Obstruction to view corridors
The location of the proposed outbuilding on Lot 203 would not pose such a
significant visual impact on the amenity of the area if it could be built at the existing
ground level which is approximately 2.300 A.H.D. However, the overall size of the
outbuilding is of concern in a residential area.
Legal Implications
Shire of Shark Bay Town Planning Scheme No. 3
Policy Implications
All relevant policies pursuant to the scheme.
Financial Implications
Nil
Strategic Implications
Each application needs to be carefully considered on its merits and the relevant
details of the proposal
Voting Requirements
Simple Majority Required.
Date of Report 3 December 2010