Cover Letter - Response to Information Request · 132003.221108.3

Page 2

             ii.  The site is steeply sloping and necessitates raised decks to achieve functional and usable
                  outdoor space;
             iii. Surrounding properties comprise substantial two to three-storey dwellings of a
                  comparable scale; and
             iv. The building is well articulated and maintains appropriate setbacks to the side and rear
                  boundaries.

    b) Low site impact:
       The additions will result in a low overall site impact and ensure that important trees within the road
       reserve can be retained in good health.

    c) Landscaping opportunities:
       The design provides for meaningful soft landscaping throughout the site, including opportunities for
       deep planting along the side and rear boundaries, as well as podium planters above the garage and
       pedestrian entry.

    d) Visual bulk:
       The dwelling will not present as bulky when viewed from adjoining properties or the street, due to its
       articulated design, stepping form and integration with the natural topography and 1.5m setback to
       the northwest side boundary which will be vegetated and also adjoins a garage associated with the
       neighbouring property.




Issue – Building Setback

The application seeks approval for a garage and gatehouse constructed along the front boundary, extending
approximately 13–14 metres. The site adjoins the National Park and is situated within a well-landscaped setting.
While the plans indicate retention of existing vegetation, the proposed works are likely to compromise the
health of vegetation within the road reserve.

The development is not considered to achieve Performance outcome PO9.




Information Required:

    2.   Provide an increased setback and reduce the extent of infrastructure along the front
         boundary.

    3. Explore opportunities to reduce the size of the crossover and extent of clearing which will be required
       i.e., is there the opportunity to consolidate the extension closer to the existing driveway and retaining
       significant vegetation.

Page 3

     4. Provide a revised assessment against Performance outcome PO9 of the Low Density Residential
        Zone Code.

Response

Item 2

In response to Council’s Information Request, the plans have been amended to incorporate a larger planter
above the garage and pedestrian entry. Additional renders have also been provided to demonstrate that
the design will contribute to a well-landscaped streetscape and that the garage structure will visually recede
into the surrounding natural environment.

In relation to the issues raised by Council, particular emphasis has been given to addressing Performance
Outcome PO9(a), (e), (f) and (g) of the Low Density Residential Zone Code, as detailed below.


In relation to (a):

The proposal will provide a high level of amenity to users of the subject site and adjoining premises, including
the provision of visual and acoustic privacy, access to breezes, and protection from noise, odour and
artificial lighting.

In this regard, the garage will not give rise to visual or acoustic privacy impacts on adjoining dwellings, as it
maintains a 1.5 metre setback to the side boundary and is positioned adjacent to an existing garage on the
neighbouring property.

The additional garaging will also provide covered car parking that is more conveniently and safely accessed
than the existing arrangement, thereby improving the overall functionality and usability of the dwelling for its
residents.

In relation to (e):

The dwelling allows for sufficient space to provide landscape buffering between buildings, including a 1.5
metre setback along the north-western side boundary. This exceeds the relevant acceptable outcome,
noting that a garage is otherwise permitted to be constructed on the boundary for a length of up to 9 metres.

In addition, landscaping is provided to the front, eastern side and rear of the site, ensuring a well-integrated
and vegetated setting that enhances amenity.

In relation to (f)

While including new structures within the front 6m of the property, it is considered that the proposal will
achieve the performance outcome for the following reasoning:

The key wording paragraph (f) above is:

“contribute to open streetscapes by avoiding buildings and structures…”

It does not say “must not include” or impose a strict prohibition of structures within the front 6m of the property.
Further, it cannot be interpreted to strictly prohibit structures with the front 6m, as this would be in direct
conflict with the associated acceptable outcomes which allow for structures within the front 6m of the
property under certain circumstances.

Instead, it expresses an intended outcome (open streetscape), with “avoiding” as the

Page 4

preferred means — not the only means.

Under the performance-based system of the Planning Act 2016, compliance can be achieved where:
   • the intent of the outcome is met, even if
   • the acceptable solution is not strictly followed.

The purpose of PO9(f) is clearly to:
    • maintain visual openness
    • avoid dominance or enclosure of the street
    • preserve landscape character

While incorporating a structure within the front 6m of the property, the proposal maintains an open
streetscape for the reasons detailed below and therefore technical non-compliance of having structures
within the front 6m is not determinative. In this regard:

i. the garage has a low height of 3.3m above the finished surface level and is position well below the road
   height of Bay View Road and the not be visually prominent from the frontage;

ii. the front façade of the garage and pedestrian entry will be finished with a podium planter that
    incorporate landscaping, further softening the built form and reinforcing a landscaped outcome
    presentation to the street;

iii. the design maintains a landscaped strip along the northwest side boundary and southeast corner of the
     frontage that will maintain mature vegetation and contribute positively to the streetscape character;

iv. the development maintains a low-rise, low-density built form that is compatible with the existing dwelling
    and consistent with the established character of the locality. Notably the streetscape includes other built
    to boundary garage forms, including at 19 Bayview Road and 21 Bayview Road as illustrated on the
    amended plans at Attachment 1;

v. the proposal retains mature vegetation within the road reserve including two Weeping Figs, a
   Tallowwood, Quandong, Ivory Curl Tree, and a Tuckeroo in front of the garage structure as identified in
   the Arborist Report at Attachment 3; and

vi. the surrounding streetscape exhibits a varied setback pattern, with a number of developments
    containing structures within the front 6m. The proposal is therefore consistent with the prevailing
    character and will maintain the existing “open streetscape” setting.

vii. Accordingly, the proposal maintains the visual openness of the streetscape and satisfies the intent of
     PO9(f), notwithstanding the garage structure within the front setback.

   Please refer to the renders below and amended architectural plans at Appendix A for further details.

Page 5

In relation to (g):

The proposal will not result in any adverse impacts on ecologically important areas such as national parks,
waterways or wetlands. In this regard, an Arboricultural Impact Assessment has been prepared by
Specialist Arbor Services at Attachment 3 confirms that the trees within the road reserve can be retained in
good health.



Issue – Works in the Road Reserve

The proposal seeks to alter the existing driveway crossover to support vehicle access to the proposed garage.
Insufficient information has been provided to demonstrate that the alterations to the driveway crossover
compliance with AO8.1, AO9, AO21 and corresponding Performance Outcomes of the Low-Density Housing
Code The submitted material does not document:
    • the extent of alterations to the existing levels of the crossover and adjoining areas of verge; and
    • the extent of any earthworks in the road reserve (including batters and/or retaining structures);
    • that the B85 vehicle is able to access the site without scraping or bottom out on Bayview Road; and
    • how stormwater flows captured from the downslope of the driveway will be controlled, collected, and
          discharged to a Lawful Point of Discharge.

Information Required:

     5.   Provide additional detail demonstrating the extent of works to the existing driveway crossover in the
          road reserve. The additional detail must be prepared by a suitably qualified person and be preliminary
          in nature, but most be adequate to satisfy the relevant assessable benchmarks.

Response

Please find attached engineering plans at Appendix B which demonstrate that the alterations to the
driveway crossover compliance with AO8.1, AO9, AO21 and corresponding Performance Outcomes of the
Low-Density Housing Code.


Issue – Vegetation

The proposal identifies existing large trees within the road reserve for retention. However, the proposed
adjustment to the driveway crossover is in close proximity to these trees with potential to result in a major
encroachment into the Tree Protection Zone(s) (TPZ). Insufficient information has been provided to
demonstrate that the proposed works will avoid adverse impacts on the structural or ecological integrity of
these trees. These trees contribute significantly to the established streetscape character and local amenity.

Page 6

The proposal must clearly demonstrate how these trees will be protected and managed to ensure their
retention throughout all stages of development.

Information Required:

Provide an Arboricultural Impact Assessment (AIA) prepared by an AQF Level 5 qualified arborist in
accordance with AS4970 Protection of trees on development sites, including:
6.1 Identification of all trees within proximity to the development site, including calculation and mapping of
     Tree Protection Zones (TPZ) and Structural Root Zones (SRZ) for each tree, in relation to proposed
     works
6.2. Demonstrate the proposal will not encroach into the TPZ of any trees or compromise their ecological or
     structural integrity.
6.3. If encroachment is unavoidable, provide details of the extent, justification, and proposed mitigation
     measures.
6.4. A tree protection plan, including tree protection specifications and a tree protection plan, outlining
     measures necessary to protect and manage the trees throughout all stages of the development.
     Specifications should include fencing, signage, soil protection, and any special construction techniques
     required.

Response


An Arboricultural Impact Assessment (AIA) has been prepared by Specialist Arbor Services (AQF Level 5
qualified Consulting Arborist) to address this item (refer Attachment 3). The AIA identifies six (6) trees within
proximity to the proposed works, including species such as Ficus benjamina (Weeping Fig), Eucalyptus
microcorys (Tallowwood), Elaeocarpus obovatus (Hard Quandong), Buckinghamia celsissima (Ivory Curl
Tree)and Cupaniopsis anacardioides (Tuckeroo). These trees are generally in fair to good condition and are
suitable for retention.

The assessment demonstrates that the proposed works are largely confined to existing disturbed areas,
including the current driveway and hardstand surfaces, and will result in minor and manageable impacts
only. While limited encroachment into the calculated Tree Protection Zones (TPZ) may occur, this is minor in
extent, does not affect the Structural Root Zones (SRZ), and will not compromise the structural or ecological
integrity of the trees. The trees are considered resilient, with root systems unlikely to extend significantly into
existing hardstand areas due to site constraints.

A detailed Tree Protection Plan has been prepared and will be implemented throughout all stages of
development. This includes the installation of TPZ fencing, arborist supervision during any works within
proximity to trees, controlled root management where required, and post-construction certification. These
measures will ensure the ongoing health and viability of the trees and maintain their contribution to the
established streetscape character and local amenity.


Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
information request. Should you have any further questions in relation to the proposal, please do not hesitate
to contact the undersigned on 0423 952 928 or via email at [email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.