ECM_22343518_v1_Town Planning Assessment Report (1) · 132000.200173.1

                 4.2 Planning Scheme Non-Compliances

                 AO9.1 of the Low Density Residential Zone Code

                 AO9.1 of the Low Density Residential Zone Code states:

                     Buildings and structures have a setback of 6 metres from the road frontage, provided that
                     setback to one frontage may be reduced to 4.5 metres where the lot:
                     1.        has frontage to more than one road; and
                     2.        is less than 600m2 in area; or
                     3.        is less than 15 metres in width.

                 Parts of the new proposed works are located within the minimum six metre setback requirement. The site
                 is heavily constrained in terms of the site being located on a bend with a 56m road frontage, and the
                 coastal building line, leaving a small portion available for development if complied with. Figure 5 shows a
                 6m setback confirming as such. It is noted however that the existing Dwelling House has been previously
                 approved with front setback encroachments.




                                                       Figure 5: 6m setback requirement

                 Despite the proposed non-compliances, the proposed is considered compliant with PO9 of the Low
                 Density Residential zone code in the following ways:

                     ●    New works do not exceed the 8 metre height limit, and will therefore not obstruct easterly ocean
                          views from the western properties across from the subject site. The extent of the
                          built-to-boundary wall within the front setback has a maximum height of 3.577m (and a mean



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Document Set ID: 22343518
Version: 1, Version Date: 16/03/2023