5.2026.048.1 - 22 Midgley Street, LATHLAIN (Closed)

Posted: 15/07/2026 Closing Date: 30/07/2026 11:55 PM

The Town has received a development application for one new and one retained Grouped Dwellings at the above-mentioned property.

 

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:

 

    • Eastern side ground floor wall from the Laundry to the Living Room of Lot 2   (new dwelling) - 1.5 metres required; 1.0 metres proposed to the eastern side boundary.

 

    • Western side ground floor wall from the Alfresco to the Living Room of Lot 2 (new dwelling) - 1.5 metres required; 1.2 metres proposed to the western side boundary.

 

    • Eastern Side first floor wall from Bed 4 to Bath 2 of Lot 2 (new dwelling) -     1.5 metres required; 1.227 metres proposed to the eastern side boundary.

 

    • Northern rear first floor wall from the Ensuite to Bed 4 of Lot 2 (new dwelling) - 5.0 metres required; 4.68 metres proposed to the northern rear boundary.

 

    • Western side first floor wall from the Ensuite to Her WIR of Lot 2 (new dwelling) - 1.3 metres required; 1.2 metres proposed to the western boundary side.

 

 

  • Maximum Height of Boundary Wall – A boundary wall to the western side boundary with a maximum height of 3.7 metres above natural ground level in lieu of a maximum height of 3.5 metres as permitted under the Residential Design Codes. Please note, the boundary wall identified here is 1.4m wide and is being used as a feature architectural piece for a gate.

 

  • Fill and Retaining behind Street Setback Line - A retaining wall is proposed to be constructed along the northern rear, eastern side and western side common boundary with 17a Streatley Road, 24 Midgley Street and 20 Midgely Street respectively. The retaining wall is proposed to have a varying height of between 850mm and 300mm 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 concealed roof height of 8.0 metres. The dwelling is proposed to have a 7.4m wall height and 7.5m concealed roof height.

 

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 nearby affected landowner(s) and occupier(s).

The relevant design principles can be found below. 

Lot Boundary Setbacks 5.1.3

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. 

 

Boundary Wall 5.1.3 (Height) 

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. 

 

Site Works 5.3.7 (Fill and Retaining) 

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 

Building Height 5.1.6

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. 
Contact Details

Name: Fiona Leith

Job Title: Planning Officer

Phone: 08 9311 8111

Email: admin@vicpark.wa.gov.au

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Documents

Advertising Plans 22 Midgley Street Lathlain 520260481

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