Development Application - Single Dwelling at 73A Riverton Drive, Rossmoyne

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Why you have received this letter

The City has received the abovementioned development application. An assessment of the development proposal found that it does not meet all of the deemed-to-comply (‘standard’) requirements of State Planning Policy No. 7.3 Vol 1 - Residential Design 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.

1.Lot Boundary Setback

The dwelling proposes the following setbacks -

Eastern side -

Ground Floor

1.2m in lieu of 1.5m (Sitting o bed 5);

2.0m in lieu of 2.6m (bulk 1 balcony to wet kitchen)

Upper Floor

2.8m in lieu of 3.0m (Bulk - stair);

Western side -

Ground Floor

1.0m in lieu of 1.5m (Bulk 3 Kitchen to dining);

Upper Floor

1.2m in lieu of 1.3m (WIR);

A lesser setback may be considered by the City with regard to the following design principles of clause 5.1.3 P3.1 of the R-Codes:

“Buildings set back from lot boundaries so as to:

• reduce impacts of building bulk on adjoining properties;

• provide adequate direct sun 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.

2.Boundary walls

The proposed dwelling includes a boundary wall along the western side lot boundary. This wall has a nil setback to the lot boundary and 5.2m from the front lot boundary, with a maximum height of 2.2m, and length of 11.5m.

The standard requirements of clause 5.1.3 C3.2 of the R-Codes provides for a boundary wall with a maximum height of 3.5m, length of 12.48m; behind the primary street setback line (6m).

The proposed maximum height, maximum wall length and setback may be considered by the City with regard to the following design principles of clause 5.1.3 P3.2 of the R-Codes:

“Buildings built up to side or rear boundaries 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 5.1.3 P3.1;
  • does not have any adverse impact on the amenity of the adjoining property;
  • ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and
  • positively contributes to the prevailing development context and streetscape."

3.Site Works and Retaining

The development proposes retaining and fill to a maximum height of 0.353 to 0.9m above natural ground level setback 0m from the eastern side lot boundary; and

0.355m to 1.66m above natural ground level setback 0m from the western boundary side lot boundary.

Under clause 5.3.7 of the R-Codes the deemed-to-comply requirement requires heights to be less than 0.5m in height above natural ground level or be setback 0m from the lot boundary.

A lesser setback/ increased level of fill may be considered by the City with regard to the following design principles of clause 5.3.7 of the R-Codes:

  • Development that considers and responds to the natural features of the site and required minimal excavation/fill.
  • 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.
  • Retaining walls that result in land which can be effectively used for the benefit of residents and do not detrimentally affect adjoining properties.

4.Building height

The proposed dwelling has a maximum wall height and roof height of -

Western side

wall height of 7.6m and roof height 8.6m; and

Eastern side

wall height of 8.1m and roof height 8.9m

Clause 5.1.6 C6 and Table 3 of the R-Codes provides for a standard maximum wall height of 7m and roof height of 10m.

The proposed building height maybe considered by the City with regard to the following design principles of clause 5.1.6 P6 of the R-Codes:

“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 direct sun into buildings and appurtenant open spaces;

• adequate daylight to major openings into habitable rooms; and

• access to views of significance.”

5.Visual privacy (overlooking into adjoining properties)

The ground floor, eastern boundary, the activities room proposes a setback of 5.5m in lieu of 6m; and

The ground floor balcony, proposes a setback of 1.8m in lieu of 7.5m

The proposed reduced setback may be considered by the City with regard to the following design principles of clause 5.4.1 P1.1 of the R-Codes:

“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.”

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

Please find attached a copy of the development plans for your perusal.


How and when to submit your comments

Please submit your comments (in writing) to the City by 5pm on 18 June 2025. Where 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 DA25/0194 in the subject line, and your name and affected property address in the body of the email;
  • Mail the comment form to: City of Canning, Locked bag 80, WELSHPOOL WA 6986; or
  • Online using the City’s Your Say Canning page for the proposal https://www.canning.wa.gov.au/residents/have-your-say/

Why you have received this letter

The City has received the abovementioned development application. An assessment of the development proposal found that it does not meet all of the deemed-to-comply (‘standard’) requirements of State Planning Policy No. 7.3 Vol 1 - Residential Design 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.

1.Lot Boundary Setback

The dwelling proposes the following setbacks -

Eastern side -

Ground Floor

1.2m in lieu of 1.5m (Sitting o bed 5);

2.0m in lieu of 2.6m (bulk 1 balcony to wet kitchen)

Upper Floor

2.8m in lieu of 3.0m (Bulk - stair);

Western side -

Ground Floor

1.0m in lieu of 1.5m (Bulk 3 Kitchen to dining);

Upper Floor

1.2m in lieu of 1.3m (WIR);

A lesser setback may be considered by the City with regard to the following design principles of clause 5.1.3 P3.1 of the R-Codes:

“Buildings set back from lot boundaries so as to:

• reduce impacts of building bulk on adjoining properties;

• provide adequate direct sun 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.

2.Boundary walls

The proposed dwelling includes a boundary wall along the western side lot boundary. This wall has a nil setback to the lot boundary and 5.2m from the front lot boundary, with a maximum height of 2.2m, and length of 11.5m.

The standard requirements of clause 5.1.3 C3.2 of the R-Codes provides for a boundary wall with a maximum height of 3.5m, length of 12.48m; behind the primary street setback line (6m).

The proposed maximum height, maximum wall length and setback may be considered by the City with regard to the following design principles of clause 5.1.3 P3.2 of the R-Codes:

“Buildings built up to side or rear boundaries 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 5.1.3 P3.1;
  • does not have any adverse impact on the amenity of the adjoining property;
  • ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and
  • positively contributes to the prevailing development context and streetscape."

3.Site Works and Retaining

The development proposes retaining and fill to a maximum height of 0.353 to 0.9m above natural ground level setback 0m from the eastern side lot boundary; and

0.355m to 1.66m above natural ground level setback 0m from the western boundary side lot boundary.

Under clause 5.3.7 of the R-Codes the deemed-to-comply requirement requires heights to be less than 0.5m in height above natural ground level or be setback 0m from the lot boundary.

A lesser setback/ increased level of fill may be considered by the City with regard to the following design principles of clause 5.3.7 of the R-Codes:

  • Development that considers and responds to the natural features of the site and required minimal excavation/fill.
  • 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.
  • Retaining walls that result in land which can be effectively used for the benefit of residents and do not detrimentally affect adjoining properties.

4.Building height

The proposed dwelling has a maximum wall height and roof height of -

Western side

wall height of 7.6m and roof height 8.6m; and

Eastern side

wall height of 8.1m and roof height 8.9m

Clause 5.1.6 C6 and Table 3 of the R-Codes provides for a standard maximum wall height of 7m and roof height of 10m.

The proposed building height maybe considered by the City with regard to the following design principles of clause 5.1.6 P6 of the R-Codes:

“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 direct sun into buildings and appurtenant open spaces;

• adequate daylight to major openings into habitable rooms; and

• access to views of significance.”

5.Visual privacy (overlooking into adjoining properties)

The ground floor, eastern boundary, the activities room proposes a setback of 5.5m in lieu of 6m; and

The ground floor balcony, proposes a setback of 1.8m in lieu of 7.5m

The proposed reduced setback may be considered by the City with regard to the following design principles of clause 5.4.1 P1.1 of the R-Codes:

“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.”

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

Please find attached a copy of the development plans for your perusal.


How and when to submit your comments

Please submit your comments (in writing) to the City by 5pm on 18 June 2025. Where 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 DA25/0194 in the subject line, and your name and affected property address in the body of the email;
  • Mail the comment form to: City of Canning, Locked bag 80, WELSHPOOL WA 6986; or
  • Online using the City’s Your Say Canning page for the proposal https://www.canning.wa.gov.au/residents/have-your-say/

  • Planning Submission Form-(copy)-(copy)


    Please review the proposal and the supporting documents. If you wish to provide feedback on the proposal, please provide your comments below by no later than 11 April 2025.



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Page published: 04 Jun 2025, 08:04 AM