5.2024.486.1 - 11 Hampton Street, Burswood (Closed)

Posted: 28/06/2025 Closing Date: 11/07/2025 11:55 PM

The Town has received a development application for Single House and Ancillary Dwelling (AKA ‘Granny Flat’) at the above-mentioned property. The main dwelling is a two-storey house.

In accordance with Local Planning Policy 37 – Community Consultation on Planning Proposals, you are invited to comment on the following:

  • Boundary Setbacks – The Residential Design Codes prescribes the minimum setback distance of buildings from boundaries other than the street. The application proposes variations to the setback of the following walls:
    • Upper Floor wall from Sitting room to Bed 4 – 2.6 metres required; 2.23 metres proposed to northeastern boundary.
    • Upper Floor wall to Balcony - 2.23 metres required; 3 metres proposed to northeastern boundary.
  • Maximum Height of Boundary Wall – A boundary wall to the northeastern boundary with a maximum height of 4.35 metres above natural ground level in lieu of a maximum height of 3.5 metres as permitted under the Residential Design Codes.
  • Fill and Retaining behind Street Setback Line - A retaining wall is proposed to be constructed along the northeastern common boundary with 13 Hampton Street. The retaining wall is proposed to have a varying height of between 0 metres and 1.2 metres above natural ground level. The Residential Design Codes permit filling and associated retaining walls behind the street setback line and within 1.0 metre of a common boundary up to a maximum height of 500mm above natural ground level.
  • Building Height – The Residential Design Codes permit the proposed dwelling to have a maximum wall height of 7.0 metres and maximum ridge height of 10.0 metres. The dwelling is proposed to have a (maximum) 7.7m wall height and 9.3m ridge height.
  • Overshadowing – the proposed development will cast a shadow on the adjoining property at No. 9B Hampton Street resulting in 38% of the property being overshadowed in lieu of a maximum of 35%.

 Please note that the above mentioned matters will be considered based on the merits of the case, and with regard to the relevant design principles and any comments received from directly adjoining landowner(s) and occupier(s).

 The relevant design principles that the proposal will be assessment against is as follows:

5.1.3 Lot boundary setbacks

Planning document 

Residential Design Codes (R-Codes) Volume 1 

Design element 

C3.1

Relevant design principle(s) 

P3.1 Buildings set back from lot boundaries or adjacent buildings on the same lot so as to:

• reduce impacts of building bulk on adjoining properties;

• provide adequate sunlight and ventilation to the building and open spaces on the site and adjoining properties; and

• minimise the extent of overlooking and resultant loss of privacy on adjoining properties.

 

 

5.1.3 Lot boundary setbacks (Boundary Walls)

Planning document 

Residential Design Codes (R-Codes) Volume 1 

Design element 

C3.2

Relevant design principle(s) 

P3.2 Buildings built up to boundaries (other than the street boundary) where this:

•         makes more effective use of space for enhanced privacy for the occupant/s or outdoor living areas;

•         does not compromise the design principle contained in clause

•         does not have any adverse impact on the amenity of the adjoining property;

•         ensures sunlight to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and

•         positively contributes to the prevailing or future development context and streetscape as outlined in the local planning framework.

 

5.1.6 Building height

Planning document 

Residential Design Codes (R-Codes) Volume 1 

Design element 

C6

Relevant design principle(s) 

P6 Building height that creates no adverse impact

on the amenity of adjoining properties or the

streetscape, including road reserves and public

open space reserves; and where appropriate

maintains:

 

•         adequate access to sunlight into buildings and

appurtenant open spaces;

•         adequate daylight to major openings into

habitable rooms; and

•         access to views of significance.

 

5.3.7 Site works

Planning document 

Residential Design Codes (R-Codes) Volume 1 

Design element 

Site Works, Clause 5.3.7 C7.1, C7.2 & C7.3

Relevant design principle(s) 

P7.1 Development that considers and responds to the natural features of the site and requires minimal excavation/fill.

 

P7.2 Where excavation/fill is necessary, all finished levels respecting the natural ground level at the lot boundary of the site and as viewed from the street.

 

P7.3 Retaining walls that result in land which can be effectively used for the benefit of residents and do not detrimentally affect adjoining properties and are designed, engineered and landscaped having due regard to clause 5.4.1.b

 

5.4.2 Solar access for adjoining sites (overshadowing)

Planning document 

Residential Design Codes (R-Codes) Volume 1 

Design element 

C2.1 & C2.2

Relevant design principle(s) 

P2.1 Effective solar access for the proposed development and protection of the solar access.

 

P2.2 Development designed to protect solar access for neighbouring properties taking account the potential to overshadow existing:

•         outdoor living areas;

•         north facing major openings to habitable rooms, within 15 degrees of north in each direction; or

•         • roof mounted solar collectors.
Contact Details

Name: Sturt McDonald

Job Title: Senior Planning Officer

Phone: 93118111

Email: admin@vicpark.wa.gov.au

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