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Meeting papers
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is also proposed within the reduced front setback to help buffer the development from neighbouring
properties.
64 Seaview Terrace 0.9 metres to garage
58 Seaview Terrace 2 metres to garage
52 Seaview Terrace 3 metres to garage and pool
50 Seaview Terrace 2.5 metres to garage
44 Seaview Terrace 2.56 metres to garage
Side Setbacks
Acceptable Outcome AO9.3 of the Low Density Residential Zone Code requires a minimum side
setback of 1.5 metres up to 4.5 metres in height, 2 metre setback between 4.5 metres and 7.5
metres in height, and a 2.5 metre setback above 7.5 metres in height.
The proposed dwelling house has a northern side setback of 0 metres to the pool and external
stairs leading from the terrace area to the rear of the site and 1.5 metres to the upper level of the
dwelling. The areas of non-compliance within the northern side setback include a portion of the
rear balcony, living room and the upper-level wall of the rooftop terrace. The reduced side setback
is not considered to comply with Performance Outcome PO9 of the Low Density Residential Zone
Code as it will potentially impact on the visual and acoustic amenity of neighbouring properties and
has the capacity to cause issues of overlooking and excessive bulk to the neighbouring property
to the north. The areas of non-compliance are highlighted in red in the following image.
Figure 17 – Northern Side Setback Non-Compliance
The applicant also proposes a built to boundary garage and bin storage area on the southern side
boundary, and a setback of 1.45 metres to the kitchen windows on the second level. The proposed
setback variation to the kitchen window of 0.05 metres is considered minor and inconsequential.
The Queensland Development Code allows for garages to be located on the boundary where:
• The height does not exceed a height of 4.5 metres and a mean height of 3.5 metres;
• It is less than 9 metres long; and
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