210408 - 72 Podargus Parade, PEREGIAN BEACH - Town Planning Appraisal TPA21 0006

                 5.     APPLICABLE DEVELOPMENT APPROVAL AND/OR PLAN OF DEVELOPMENT

                 Not applicable.
                 6.     PROPERTY NOTES

                 Not applicable.
                 7.     COMMENTS

                 Low Density Residential Zone Code - The proposed development does not comply with the
                 following provisions:
                        1. AO7.1 of the Low Density Residential Zone code requires buildings and structures
                           are no more than 8 metres in building height and do not exceed 2 storeys. The
                           proposed plans indicate the secondary dwelling comprises of 3 storeys. It is noted
                           that the ground floor is considered a storey as it includes a bathroom and is also
                           capable of being used as a kitchen. As such, the proposal does not comply with AO7
                           of the Low Density Residential Zone code. The plans should be amended to comply
                           with AO7.1 of the Low Density Residential Zone code or alternatively a Development
                           Permit for Building Works Assessable against the Planning Scheme is required to
                           be lodged with Council. Notwithstanding, a 3 storey building is unlikely to be
                           supported by Council.
                        2. AO9.3 of the Low Density Residential Zone code seeks that buildings and structures
                           are setback 2.5 metres if above 7.5 metres in height. The proposed plans indicate
                           the secondary dwelling is 8 metres in height and setback 2 metres from the eastern
                           side boundary. As such, the proposal does not comply with AO9.3 of the Low Density
                           Residential Zone code. The plans should be amended to comply with AO9.3 of the
                           Low Density Residential Zone code or alternatively a Development Permit for
                           Building Works Assessable against the Planning Scheme is required to be lodged
                           with Council.

                 Low Density Housing Code - The proposed development does not comply with the following
                 provisions:
                        3. AO7 of the Low Density Housing code requires car parking is provided in accordance
                           with Table 9.4.1.4 of the Driveways and parking code. Table 9.4.1.4 seeks 2 covered
                           carparks and 1 uncovered for a dwelling house and secondary dwelling. The
                           proposed plans do not show an uncovered carparking space for the secondary
                           dwelling. As such, the proposal does not comply with AO7 of the Low Density
                           Housing code. the plans should be amended to comply with AO7 of the Low Density
                           Housing code or alternatively a Development Permit for Building Works Assessable
                           Against the Planning Scheme is required to be lodged with Council.

                        4. AO22.1 of the Low Density Housing code seeks development, including associated
                           access, is not located on land identified as a landslide hazard area on a Landslide
                           Hazard Overlay Map. The proposed plans indicate the secondary dwelling is located
                           on land identified as a landslide hazard area on a Landslide Hazard Overlay Map.
                           As such, the proposal does not comply with AO22.1 of the Low Density Housing
                           code. If a Development Permit for Building Works Assessable against the Planning
                           Scheme is lodged with Council, a slope stability report is required in order to comply
                           with AO22.1 of the Low Density Housing Code. If a Development Permit for Building
                           Works is not required, then an Exemption Certificate can be granted upon the
                           submission of a slope stability report.




                                                                                                         Page 3 of 4
Document Set ID: 21630948
Version: 4, Version Date: 28/09/2021