5.2025.442.1 - No. 5 Nottingham Street, EAST VICTORIA PARK (Closed)

Posted: 19/03/2026 Closing Date: 02/04/2026 11:55 PM

The Town has received a development application for Site works to existing vacant residential lot at the above-mentioned property. The application proposes site works, containing fill and retaining to a maximum height of 1.4 metres, to facilitate future development of the subject site.

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

  • Fill behind Street Setback Line - A retaining wall is proposed to be constructed along the north-eastern common boundary with No. 3 Nottingham Street, EAST VICTORIA PARK. The fill is proposed to have a varying height of up to 0.98 metres above natural ground level, setback 0.8 metres from the lot boundary, in lieu of the required 1 metre setback.
  • 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:
    • Raised outdoor living area to south-western boundary – 7.5 required; 4 metres proposed.
    • Raised outdoor living area to western boundary – 7.5 metres required; 5.7 metres proposed.
    • Raised outdoor living area to northern boundary – 7.5 metres required; 3.4 metres proposed.
    • Raised outdoor living area to north-eastern boundary – 7.5 metres required; nil setback proposed.

    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).

    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) 
    Joshua Loveridge

    Name: Joshua Loveridge

    Job Title: Senior Planning Officer

    Phone: 0893118111

    Email: admin@vicpark.wa.gov.au

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