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Cover Letter - Response to Information Request · 132003.221108.3
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.
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