Planning Report - MCU19-0030

                                                                                     proposal report




     e) do not create opportunities for residents to overlook the private open space areas of
     neighbouring properties. – Roof form does not impact on neighbouring properties.

Setbacks

The proposal also does not fully met the stipulated setbacks for the locality with encroachments
into side and rear setbacks areas. It is noted that Council officers confirmed in the pre lodgement
meeting that the front and side boundary setbacks were appropriate based on the area of intrusion
to the third storey related to the upper level roof and that the side boundary setbacks were
consistent with other developments in the area.

Concerns were however raised with reference to the rear third storey setback in terms of regard to
privacy, overlooking and overshadowing.

The rear setback encroachment relates to a third level balcony, stairs and lift which are located 6.0
metres from the rear boundary. It is noted that the roof line to the rear substantially complies with
the 12 metre height limit along this boundary and that the setback area is able to be utilised for
landscape                                                                                  screening.

The encroachments are considered to comply with the specific outcomes as detailed below:

     a) provide amenity for users of the premises as well as preserve the visual and acoustic
     amenity of adjoining and nearby properties; - The proposed third level rear setback ranges
     from 6.0 metres to 8.0 metres and provides for access and an additional terrace area for the
     upper level unit. The setback provides a ground level 6.0 metre area to the rear of the site
     that will be able to heavily landscaped as all pool areas are located to the front of the site
     away from surrounding residences. All southern balconies and stairwells are to be screened
     to maintain privacy.

     b) provide adequate distance from adjoining land uses; The reduced third storey rear setback
     does not impact on the provision of a 6.0metre wide landscaped area at ground floor which
     provides appropriate separation to the dwellings to the south. It is noted that Council agreed
     to a reduced third storey setback for the adjoining premises to the south under MCU14/105
     resulting in a 6.0 metre setback to the common boundary. When combined with the proposed
     development setback this setback results in a separation of 12 metres between buildings.

     c)allow space for required vehicle parking; - All carparking provided on site and not affected
     by the rear setback.

     d) preserve any existing vegetation that will buffer the proposed building; - Existing mature
     trees at rear of the site to be retained where possible.

     e) allow for landscaping to be provided between buildings; - Reduced third level setback
     does not impact on ground level landscaping. A 6 metre wide landscaped area is able to be
     provided along the southern boundary.

     f) maintain the visual continuity and pattern of buildings and landscape elements within the
     street; - The southern elevation is articulated by the use of different roof forms, open decks
     and the use of different building materials. The building will be consistent with the
     surrounding developed character, which includes three storey unit complexes.

     g) avoid large areas of continuous wall planes by varying the building setbacks and using
     appropriate techniques to provide visual relief; - The rear façade of the building includes



      martoo consulting
      town planners + urban designers + development managers                               page 14 of 17