Town Planning Assessment Report · MCU25/0087

5.2 PLANNING SCHEME NON-COMPLIANCES

PO8/AO8.1 of the Low Density Residential Zone Code

PO8 of the Low Density Residential Zone Code states:


    PO8 Site cover and gross floor area
    Development:
    A.​      is of a scale compatible with surrounding development and the particular circumstances of
    the site;
    B.​      has a low site impact to maximise the opportunity to retain site characteristics, such as native
    vegetation and natural landforms;
    C.​      allows the opportunity to provide soft landscaping between buildings;
    D.​      does not present an appearance of bulk to adjacent properties, roads or other areas in the
    vicinity of the site.

AO8.1 of the Low Density Residential Zone Code states:

    AO8.1 Site cover of all buildings and structures on site does not exceed:
       1.​       for a single storey building – 50%;
       2.​       for a building of 2 storeys –
           i.​50% for one of the storeys; and
          ii.​30% for the other storey; or
         iii.​40% for both storeys.

Response: Whilst the basement level will be located less than 1m above natural ground level, this level
is required to be calculated as site cover as this level is not wholly used for car parking. As such, the
proposed site cover is:

    ●​ Basement Level: 30%;
    ●​ Main Level: 46%;
    ●​ Upper Level: 33%.

It is important to note however that the basement level otherwise meets the definition of basement
within the Planning Scheme and does not exceed 1m above natural ground level. The basement, while
presenting a portion less than 1 metre above natural ground level (NGL), is designed to be backfilled and
screened, effectively appearing as a subterranean level from adjoining properties, thereby ensuring the
overall development presents as a two-storey structure. The site has two distinct advantages, being that
a) it slopes towards the street frontage and b) the site is accessed via a private laneway that adjoins
environmental management and conservation zoned land, resulting in limited pedestrian access past the
site. The design also incorporates backfilling and strategic screening from adjoining neighbours. This is
crucial for mitigating visual impact. Consequently, the basement level will not contribute to the visual bulk
and scale that the corresponding performance outcome prescribes.


In this regard, the key non-compliance relates to a 3% surplus on the Upper Level, however the Main
Level is well below the 50% requirement by 4%. The total site cover is 79%. The proposal provides 21%
soft landscaping across the site at ground level plus 16% additional landscaping to soften the built form.
Landscaping is provided along most boundaries where practical. In light of the additional landscape and
high quality facade presentation, it is considered that the 3% surplus site cover on the Upper Level can


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