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Development Application - Single House - DA25/0087 - 8 Denise Close, Shelley

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Why the proposal is undergoing consultation

The City has received the abovementioned development (planning) application. An assessment of the development proposal found that it does not meet all of the deemed-to-comply (‘standard’) requirements of the Residential Design Codes Volume 1 Part B (‘R-Codes’).

Prior to making a decision on the application, adjoining affected owners and occupiers have been invited to view the development plans and elevations, and make comment on the planning matters that affect their property.

Matters that we would like you to consider

We ask that you consider the following matter(s) and let us know whether you object to or support the development proposal.

Visual Privacy

The proposed dwelling does not meet the deemed-to-comply provisions of Part 5.4.1 of the R-Codes for visual privacy to the adjoining southern property (3 Michael Court, Shelley).

The R-Codes deemed-to-comply provisions provide that development in the Residential R20 zone is designed so that outdoor active habitable spaces (with a floor level more than 0.5m above natural ground level) are setback, within the cone of vision, from the lot boundary a minimum of 7.5m. The proposed first floor Balcony in the Single House has been calculated by the City to be setback a minimum of 3.5m, within the cone of vision, from the common lot boundary with the adjoining southern property (3 Michael Court, Shelley).

The R-Codes provide two separate assessment pathways, and where a proposal does not meet the deemed-to-comply provisions of a particular clause, it is to be assessed against the relevant design principles to that clause. With regard to visual privacy under Part 5.4.1 of the R-Codes, the departure from the deemed-to-comply provisions subject to this development application is to be considered with regard to the design principles (P1.1 & P1.2) of Part 5.4.1, as listed below:

  • P1.1 Minimal direct overlooking of active habitable spaces and outdoor living areas of adjacent dwellings achieved through:
    1. building layout and location;
    2. design of major openings;
    3. landscape screening of outdoor active habitable spaces; and/or
    4. location of screening devices.
  • P1.2 Maximum visual privacy to side and rear boundaries through measures such as:
    1. offsetting the location of ground and first floor windows so that viewing is oblique rather than direct;
    2. building to the boundary where appropriate;
    3. setting back the first floor from the side boundary;
    4. providing higher or opaque and fixed windows; and/or
    5. screen devices (including landscaping, fencing, obscure glazing, timber screens, external blinds, window hoods and shutters).

Solar Access for Adjoining Sites

The proposed dwelling does not meet the deemed-to-comply provisions of Part 5.4.2 of the R-Codes for solar access on the adjoining southern property (3 Michael Court, Shelley).

The R-Codes deemed-to-comply provisions provide that development in the Residential R20 zone is designed so that its shadow cast at midday, 21 June, onto any other adjoining property does not exceed 25% of the adjoining properties site area. The proposed Single House has been calculated by the City to propose 32.83% shadow on the adjoining southern property (3 Michael Court, Shelley).

The R-Codes provide two separate assessment pathways, and where a proposal does not meet the deemed-to-comply provisions of a particular clause, it is to be assessed against the relevant design principles to that clause. With regard to solar access for adjoining sites under Part 5.4.2 of the R-Codes, the departure from the deemed-to-comply provisions subject to this development application is to be considered with regard to the design principles (P2.1 & P2.2) of Part 5.4.2, as listed below:

  • 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:
    1. outdoor living areas;
    2. north facing major openings to habitable rooms, within 15 degrees of north in each direction; or
    3. roof mounted solar collectors.


Reference documents

A copy of the R-Codes may be downloaded from the Department of Planning, Lands and Heritage website: https://www.dplh.wa.gov.au/rcodes.

A copy of the City’s Residential Development Policy may be downloaded from the City’s website: https://www.canning.wa.gov.au/Residents/Plan-and-Build/Planning-Services---Checklists-Forms-and-Policies

Viewing the plans

Plans may be viewed at City’s engagement website https://www.yoursaycanning.com.au/.

How and when to submit your comments

Should you wish to provide any feedback on the proposal, please submit your comments (in writing) to the City by 5pm on the 16th of April 2025. If possible, we ask that you submit your comments via email however your written comments may be submitted via one of the following contact methods:

  • Email your comments to the assessing officer via the details listed below. Please remember to include the reference number DA25/0087 in the subject line, and your name and affected property address in the body of the email, or
  • Mail the comment form to: City of Canning, Locked bag 80, WELSHPOOL WA 6986

How the City will make a decision on the development proposal

Following closure of this consultation period, a delegated (authorised) officer of the City will consider the abovementioned matter(s) with regard to the relevant design principle(s). As part of this process the City will also consider any comments from adjoining affected landowner(s).

Should the City issue a decision on the development application (approval or refusal), we will write to you again to address the matters you have raised.

In certain circumstances the application may be referred to the Council for consideration at one of its Council meetings. If this occurs, the City will send you a letter/email inviting you to this meeting.

Contact officer details

If you have any queries, or would like to discuss the matters for consideration, please contact Senior Planning Officer Adam Stillitano via telephone 9231 0508 or email at adam.stillitano@canning.wa.gov.au.

Why the proposal is undergoing consultation

The City has received the abovementioned development (planning) application. An assessment of the development proposal found that it does not meet all of the deemed-to-comply (‘standard’) requirements of the Residential Design Codes Volume 1 Part B (‘R-Codes’).

Prior to making a decision on the application, adjoining affected owners and occupiers have been invited to view the development plans and elevations, and make comment on the planning matters that affect their property.

Matters that we would like you to consider

We ask that you consider the following matter(s) and let us know whether you object to or support the development proposal.

Visual Privacy

The proposed dwelling does not meet the deemed-to-comply provisions of Part 5.4.1 of the R-Codes for visual privacy to the adjoining southern property (3 Michael Court, Shelley).

The R-Codes deemed-to-comply provisions provide that development in the Residential R20 zone is designed so that outdoor active habitable spaces (with a floor level more than 0.5m above natural ground level) are setback, within the cone of vision, from the lot boundary a minimum of 7.5m. The proposed first floor Balcony in the Single House has been calculated by the City to be setback a minimum of 3.5m, within the cone of vision, from the common lot boundary with the adjoining southern property (3 Michael Court, Shelley).

The R-Codes provide two separate assessment pathways, and where a proposal does not meet the deemed-to-comply provisions of a particular clause, it is to be assessed against the relevant design principles to that clause. With regard to visual privacy under Part 5.4.1 of the R-Codes, the departure from the deemed-to-comply provisions subject to this development application is to be considered with regard to the design principles (P1.1 & P1.2) of Part 5.4.1, as listed below:

  • P1.1 Minimal direct overlooking of active habitable spaces and outdoor living areas of adjacent dwellings achieved through:
    1. building layout and location;
    2. design of major openings;
    3. landscape screening of outdoor active habitable spaces; and/or
    4. location of screening devices.
  • P1.2 Maximum visual privacy to side and rear boundaries through measures such as:
    1. offsetting the location of ground and first floor windows so that viewing is oblique rather than direct;
    2. building to the boundary where appropriate;
    3. setting back the first floor from the side boundary;
    4. providing higher or opaque and fixed windows; and/or
    5. screen devices (including landscaping, fencing, obscure glazing, timber screens, external blinds, window hoods and shutters).

Solar Access for Adjoining Sites

The proposed dwelling does not meet the deemed-to-comply provisions of Part 5.4.2 of the R-Codes for solar access on the adjoining southern property (3 Michael Court, Shelley).

The R-Codes deemed-to-comply provisions provide that development in the Residential R20 zone is designed so that its shadow cast at midday, 21 June, onto any other adjoining property does not exceed 25% of the adjoining properties site area. The proposed Single House has been calculated by the City to propose 32.83% shadow on the adjoining southern property (3 Michael Court, Shelley).

The R-Codes provide two separate assessment pathways, and where a proposal does not meet the deemed-to-comply provisions of a particular clause, it is to be assessed against the relevant design principles to that clause. With regard to solar access for adjoining sites under Part 5.4.2 of the R-Codes, the departure from the deemed-to-comply provisions subject to this development application is to be considered with regard to the design principles (P2.1 & P2.2) of Part 5.4.2, as listed below:

  • 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:
    1. outdoor living areas;
    2. north facing major openings to habitable rooms, within 15 degrees of north in each direction; or
    3. roof mounted solar collectors.


Reference documents

A copy of the R-Codes may be downloaded from the Department of Planning, Lands and Heritage website: https://www.dplh.wa.gov.au/rcodes.

A copy of the City’s Residential Development Policy may be downloaded from the City’s website: https://www.canning.wa.gov.au/Residents/Plan-and-Build/Planning-Services---Checklists-Forms-and-Policies

Viewing the plans

Plans may be viewed at City’s engagement website https://www.yoursaycanning.com.au/.

How and when to submit your comments

Should you wish to provide any feedback on the proposal, please submit your comments (in writing) to the City by 5pm on the 16th of April 2025. If possible, we ask that you submit your comments via email however your written comments may be submitted via one of the following contact methods:

  • Email your comments to the assessing officer via the details listed below. Please remember to include the reference number DA25/0087 in the subject line, and your name and affected property address in the body of the email, or
  • Mail the comment form to: City of Canning, Locked bag 80, WELSHPOOL WA 6986

How the City will make a decision on the development proposal

Following closure of this consultation period, a delegated (authorised) officer of the City will consider the abovementioned matter(s) with regard to the relevant design principle(s). As part of this process the City will also consider any comments from adjoining affected landowner(s).

Should the City issue a decision on the development application (approval or refusal), we will write to you again to address the matters you have raised.

In certain circumstances the application may be referred to the Council for consideration at one of its Council meetings. If this occurs, the City will send you a letter/email inviting you to this meeting.

Contact officer details

If you have any queries, or would like to discuss the matters for consideration, please contact Senior Planning Officer Adam Stillitano via telephone 9231 0508 or email at adam.stillitano@canning.wa.gov.au.

  • DA Submission Form

    I have viewed the plans and elevations for the proposed development. I am aware that the development is subject to assessment by the City of Canning.

    Complete Form
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Page last updated: 04 Apr 2025, 10:28 AM