Delegated Report - Code - Planning MCU10 2113 03 (As Published) · MCU10/2113.03

               Side Setback
               Acceptable Outcome AO14.1 of the Medium Density Residential Zone Code states:
               AO14.1 Buildings and structures meet the following minimum boundary setbacks:
                       (a) for frontages — 6 metres
                       (b) for side boundaries—
                              (i)   1.5 metres setback up to 4.5 metres height;
                              (ii) 2 metres setback between 4.5 metres and 7.5 metres height; and
                              (iii) 2.5 metres where above 7.5 metres height
                       (c) for the rear boundary - 6 metres


               As proposed, the dwelling encroaches into the side setback at two points:
               •    the northeast corner of the dwelling. In particular, where above 7.5m in height, the house is
                    setback 2m from the eastern boundary as opposed to 2.5m as prescribed by Acceptable
                    Outcome 14.1 of the Medium Density Residential Zone Code; and
               •    A support bean and pillar which extends to the southern boundary of the site.
               The proposal is therefore required to comply with corresponding Performance Outcome PO14 of
               the Low Density Residential Zone Code which states:
               PO14         Buildings and structures are designed and sited to:
                             (a)   provide a high level of amenity to users of the subject site and adjoining
                                   premises, including provision of visual and acoustic privacy;
                             (b)   not unreasonably obstruct views or cause overlooking of private open space or
                                   habitable areas of adjoining premises;
                             (c)   provide adequate distance from adjoining land uses;
                             (d)   preserve existing vegetation that will help buffer development;
                             (e)   allow for space and landscaping to be provided between buildings including
                                   adequate area at ground level for landscaping with trees, shrubs, outdoor living
                                   and utilities;
                             (f)   provide soft landscaping between buildings and the site boundaries to provide
                                   for trees and shrubs;
                             (g)   contribute to open streetscapes by avoiding buildings and structures within the
                                   front 6 metres of the property; and
                              (h)      protect the natural character and avoid adverse impacts on ecologically important areas
                                       such as national parks, waterways and wetlands.




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Document Set ID: 24680910
Version: 8, Version Date: 09/07/2026