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Minor Change Report MCU21 0171 01 [As Published] · MCU21/0171.01
2. The proposed side setback does not impact or obstruct views of adjoining premises, nor does it
cause overlooking into adjoining private open space. There will be a high degree of separation
between the house and adjoining neighbour to the north to ensure no view obstruction or
overlooking.
3. There will be ample distance between the proposed dwelling and the dwelling to the north. The
adjacent linear reserve affords an additional 3.6 metres of separation between the dwelling and
the dwelling to the north on 36 Plover. Combined with the 1 metre side setback provided, an overall
setback to the adjoining side boundary of 4.6 metres is achieved. This is significantly more
separation than the usual side setback requirement of 2 metres. In addition, the proposed dwelling
design along the northern elevation has a large break in built form as a result of the internal
courtyard. Below is an aerial plan showing the separation to the dwelling to the north and an extract
from the proposal plan showing the break in built form along the northern dwelling façade.
Figure 7 - Yellow shade indicates the northern side elevation set back at 1.5 metres (in lieu of
2.0 metres) and more than 4.5 metres in height from ground level.
Blue dotted line indicates the profile of the existing approved dwelling house.
Assessment
It is noted that the northern side boundary is adjacent to a 3.5 metre wide Council stormwater
easement however the proposed 1.5 metre building setback results in greater non-compliance for
the uppermost portion of the front bedroom, which is required to be setback 2.5 metres above 7.5
metres height.
The request for a reduction in the approved set back from 1.86 to 1.5 metres it not supported and
is more appropriately setback at the approved 1.8 metres distance to enable sufficient widths at
ground level for landscaping and a more appropriate setback at the upper level which was in
accordance with the most recent decision. Further, as part of this request the applicant has
requested the inclusion of a roof top terrace at the northeastern corner of the roof. Reinstatement
of the setback to 1.8 metres will also assist with providing a more appropriate northern side
setback. Amended plans and elevations can be conditioned to address the change in side setback.
Acceptable Outcomes AO16.2 & AO16.3 of the Low Density Residential Zone Code states:
AO16.2 The total width of any parapet wall does not exceed 50% of the width of the front facade
of a building.
AO16.3 Development does not include rooftop terraces.
Page 10 of 14
Document Set ID: 23037041
Version: 7, Version Date: 10/03/2025
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