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Delegated Report - Code - Planning MCU25 0067 (As Published)
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. be consistent with the predominant character of the surrounding area; and
g. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Front Setbacks
The Acceptable Outcome prescribes front boundary setbacks on a per-storey basis. While the
lower-level car parking area is located 1 metre below natural ground level, it does not meet the
definition of a compliant basement as it is not backfilled to natural ground level. Accordingly, the
car parking area constitutes Storey 1.
Second Storey
Storey 2 encroaches marginally protrudes into the 6-metre setback, comprising a architectural
element of approximately 400mm, as illustrated below. Given its minimal extent, this variation is
considered negligible and does not materially impact the intent of the setback requirement.
Figure 9 – Second Storey Setback Variation
Third Storey
The third storey provides a front setback ranging from 5.3 to 6.3 metres. This minor intrusion arises
primarily from the classification of the lower level as a storey rather than a basement, rather than
any substantive increase in the building’s scale or visual presence. Importantly, the existing
development approval for the site accepted a comparable setback at this level. In this context, the
encroachment is considered appropriate and consistent with the established development pattern
of the site, while maintaining the intent of the setback requirement.
Fourth Storey
The uppermost level provides a varied front setback of 8.05 -12 metres and relates to a balcony
and a portion of Unit 14, as illustrated below. This level incorporates a range of materials, finishes,
and articulated building elements, with a staggered design that effectively reduces the perceived
bulk and scale of the development. The area of variation also largely relates to a balcony, which is
predominantly an open structure and therefore has limited visual impact when viewed from the
street.
Document Set ID: 23854028
Version: 14, Version Date: 13/08/2026
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