5.2025.549.1 - No. 12 Maple Street, LATHLAIN (Closed)

Posted: 29/08/2026 Closing Date: 16/09/2026 11:55 PM

The Town has received a development application for a Single House at the above-mentioned property. The proposal consists of the construction of a single house and large outbuilding, with associated site works, retaining walls, and on-site tree removal.

 

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

 

  • Secondary street setback – the proposed outbuilding is located 1 metre from the secondary street boundary (Graham Farmer Freeway), in lieu of 3 metres.

 

  • 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 wall:
    • Ground Floor (entire side) - 4.8 metres required; 1.5 metres proposed to north-western boundary.

 

  • Fill and Retaining behind Street Setback Line - fill and associated retaining walls is proposed to be constructed along the north-western common boundary with No. 10 Maple Street, LATHLAIN. The fill and retaining wall is proposed to have a varying height of between 0.2 metres and 1.4 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.

 

  • Fill within Street Setback Area – The application proposes fill and associated retaining walls between the street alignment and the dwelling, with a varying height of up to 0.93 metres above the natural ground level. The Residential Design Codes permit filling between the street and the building (whichever is the lesser) where it does not exceed 500mm from the natural ground level.

 

  • Visual Privacy – The Residential Design Codes prescribes minimum setback distances for unscreened major openings from boundaries in order to achieve a reasonable level of privacy. The application proposes variations as follows:

 

    • Bedrooms 2, 3, and 4 to north-western boundary – 4.5 metres required; 1.5 metres proposed.

 

    • Scullery (main dwelling) and kitchenette (ancillary dwelling) to north-western boundary –  6 metres required; 1.5 metres proposed.

 

    • Raised outdoor living area/patio to north-western boundary – 7.5 metres required; nil setback proposed.

 

  • Outbuilding – The outbuilding comprises a setback of 1 metre to the rear secondary street lot boundary, in lieu of 3 metres, and 0.94 metres to the south-eastern lot boundary, in lieu of 1 metre. Moreover, the outbuilding comprises a wall height of 3.5-3.8 metres (in excess of 2.4 metres), and a ridge height of 4.4 metres (in excess of 4.2 metres). The outbuilding also contributes to non-compliance with open space.

 

  • Ancillary dwelling – the ancillary dwelling (located within the built form of the main dwelling) is located within the street setback area. The ancillary dwelling also contributes to non-compliance with open space, in addition to the other variations listed above (with the exception of the secondary street setback, site works and outbuilding variations).

 

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).

Clause 1 – Setback of Buildings Generally  

Planning document  

Council’s Local Planning Policy - Streetscape  

Design element  

Clause 1 – Setback of Buildings Generally  

Relevant design principle(s)  

P1. Buildings set back an appropriate distance to ensure they:  

  • contribute to the desired streetscape;  
  • provide adequate privacy for open space for dwellings;  
  • allow safety clearances for easements for essential service corridors;  
  • are consistent with the rhythm and scale of development in the street;  
  • promote the creation of new streetscape environments through the use of existing rights-of-ways; and   
  • protect residential amenity from disturbance from non-residential development abutting a right-of-way and provide safety of residential development add surveillance of the right-of-way.  

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. 

 

5.3.7 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 

5.4.1 Visual privacy    

Planning document  

Residential Design Codes (R-Codes) Volume 1  

Design element  

Visual Privacy – Clause 5.4.1 C1.1 & C1.2  

Relevant design principle(s) 

P1.1 Minimal direct overlooking of active habitable spaces and outdoor living areas of adjacent dwellings achieved through:  

  • building layout and location;  
  • design of major openings;  
  • landscape screening of outdoor active habitable spaces; and/or  
  • location of screening devices.  

 

P1.2 Maximum visual privacy to side and rear boundaries through measures such as:  

  • offsetting the location of ground and first floor windows so that viewing is oblique rather than direct;  
  • building to the boundary where appropriate;  
  • setting back the first floor from the side boundary;  
  • providing higher or opaque and fixed windows; and/or  
  • screen devices (including landscaping, fencing, obscure glazing, timber screens, external blinds, window hoods and shutters) 

5.4.3 Outbuildings  

Planning document  

Residential Design Codes (R-Codes) Volume 1  

Design element  

C3 

Relevant design principle(s)  

P3 Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties. 

 

5.5.1 Ancillary dwellings  

Planning document  

Residential Design Codes (R-Codes) Volume 1  

Design element  

C1 

Relevant design principle(s)  

P1.1 Ancillary dwelling is of a small scale and designed to support people living independently or semidependently to the residents of the single house or grouped dwelling, sharing some site facilities and services.  

 

P1.2 Ancillary dwellings to positively contribute to its setting, including the existing single house or grouped dwelling and, where visible from the street or adjoining properties, to the amenity of the streetscape and context. 

 
Joshua Loveridge

Name: Joshua Loveridge

Job Title: Senior Planning Officer

Phone: 0893118111

Email: admin@vicpark.wa.gov.au

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