Minor Change Report 132004 4552 01 · 132004.4552.01

               Side Setback
               Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code states:
               AO12.1 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
               The applicant is proposing a 1.5m side setback for parts of the southern (side) façade which
               has a façade elevation of 6.27m and as such does not comply with AO12.1 of the Medium
               Density Residential Zone Code. The proposal is therefore required to comply with corresponding
               Performance Outcome PO12 of the Medium Density Residential Zone Code, which states:
               PO12       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.      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.
               Assessment:
               The proposed side setback relaxation retains an acceptable level of amenity to users of the subject
               site and adjoining premises, including provision of visual and acoustic privacy as all areas of the
               façade in this setback are solid walled with no openings or windows.
               The proposed development demonstrates compliance with PO12 of the Medium Density
               Residential Zone code due to the above justification.

               Request for amendment to Condition 1 and 5
               The applicant had requested amendments to Condition 1 and deletion of Condition 5. As this
               application is recommended for refusal, no further commentary is provided regarding changes to
               approved conditions.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable




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Document Set ID: 23742751
Version: 12, Version Date: 16/09/2025