Delegated Report - Code - Planning MCU24/0125 (As Published)

               adjoining the access strip, such as the new dwelling at 2B Starboard Avenue. The existing width
               of the rear lot access handle has been considered sufficient to cater for the demand created by the
               four units gain access from Starboard Avenue. The access handle addresses the street and with
               regard to character of the streetscape, any additional impact that an additional unit may cause
               have been addressed through the provision of passing lanes along the access handle. Further
               commentary about how amenity impacts are addressed is included in the assessment of PO21 of
               the Reconfiguring a Lot Code below.
               Acceptable Outcome AO5 of the Dual Occupancy and Multiple Dwelling Code states:
               AO5            Bedroom windows are at least 3 metres away from shared driveways, car parking
                              areas, mechanical plant, refuse and recycling areas, vents and exhausts.
               The proposed location of some bedrooms is less than 3 metres away from shared driveway, car
               parking and refuse areas and as such the proposal does not meet Acceptable Outcome AO5 of
               the Dual Occupancy and Multiple Dwelling Code. The proposal is therefore required to comply with
               corresponding Performance Outcome PO5 of the Dual Occupancy and Multiple Dwelling Code,
               which states:
               PO5            Development is designed to minimise noise carrying between dwelling units or
                              accommodation units by locating noise sensitive spaces such as bedrooms away from
                              noise generating areas of the development, such as car parking areas or mechanical
                              plant and equipment or recreational facilities.
               To address the potential for noise carrying from noise generating areas to sensitive spaces such
               as bedrooms, it has been conditioned as part of the preliminary approval to amend the proposal to
               provide noise attenuation measures, such as double glazing to bedroom windows where they are
               located within 3m of the shared driveway, car park or refuse area.
               Driveways and Parking Code
               Car parking
               Acceptable Outcome AO6.1 of the Driveways and Parking Code states:
               AO6.1          The number of car parking spaces, motor cycle spaces, bicycle spaces and loading
                              bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking
                              requirements including end of trip facilities.
               The applicant is proposing 4 visitor car parks; however, visitor car park 4 is located in the access
               easement/handle. This outcome is not supported and as such does not comply with AO6.1 of the
               Driveways and Parking Code. The proposal is therefore required to comply with corresponding
               Performance Outcome PO6 of the Driveways and Parking Code, which states:
               PO6            Sufficient parking
                              (a) is provided having regard to the specifics of the use including—
                              i.       the type and intensity of land use;
                              ii.      any existing parking available on the site;
                              iii.     hours of operation;
                              iv.      likely numbers of users;
                              v.       accessibility to the site by means other than private motor vehicle;
                              vi.      the peak parking demand periods of uses on the site; and
                              vii.     the availability of alternative car parking; and
                              (b) is provided to accommodate the number and type of vehicles and motorcycles likely
                                  to be generated by the development.
               This area of non-compliance was raised in Council’s Information Request dated 28 October 2024.
               It was strictly stated that Council did not support this outcome. It is Council’s position that sufficient


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Document Set ID: 23672855
Version: 9, Version Date: 08/04/2025