2022-07-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      12 JULY 2022


Side Setback
A minor variation is required for the swimming pool (1.2m setback rather than 1.5m setback) and
a set of stairs to the southern side of the dwelling. Both setbacks are considered minor and:
•    Provide a high level of amenity to users of the subject site;
•    Will not impact on adjoining premises with regards to visual and acoustic privacy
     and access to sunlight;
•    Will not unreasonably obstruct views or cause overlooking of private open space or habitable
     areas of adjoining premises;
•    Provides for adequate distance from adjoining land uses; and
•    Is not inconsistent with the predominant character of the streetscape.
The area identified on the plans for bin, gas bottle and bike storage results in a wall built to the
boundary with a maximum height of 4 metres. The wall is 5.2 metres in length, the height ranges
from 2.95 to 4 metres. It is noted that the QDC allows for a garage or shed to be located on the
boundary on the basis that:
•    The height does not exceed a height of 4.5 metres and a mean height of 3.5 metres;
•    It is less than 9.0 metres long; and
•    Is no closer than 1.5 metre to a habitable room window of an adjoining dwelling.
The proposed structure complies with the above requirements and is considered reasonable in this
instance.
Rear Setback
Performance Outcome PO3 of the Coastal Protection and Scenic Amenity Overlay Code states:
     Where a coastal building line exists on a lot, all buildings, structures and retaining walls do
     not extend seaward of the coastal building line for the site, other than —
     1.     uncovered and unenclosed cantilevered balconies that do not extend greater than 3
            metres seaward of the coastal building line; and
     2.     are setback a minimum of 6 metres from the seaward boundary
The proposed development is set to the coastal building line on the ground level and includes a
cantilevered element which intrudes no more than 3 metres seaward of the building line. However,
the cantilevered element is not uncovered and unenclosed. The purpose overall outcomes of
Coastal Protection and Scenic Amenity Overlay Code relate to the maintenance of coastal
processes, the natural landform and the visual character and scenic amenity of the area. The
enclosed and cantilevered part of the building will not impact on coastal processes or the natural
landform whilst the limited encroachment will not detrimentally impact the scenic amenity of the
area. The existing vegetation on site means that the neighbouring property does not enjoy views
over the part of the site that the building extends beyond the coastal building line. Therefore, the
enclosed cantilevered portion of the building that extends within 3 metres of the coastal building
line will not impact the view lines of the adjoining premises.
It is also noted that most of the dwellings on the seaward side of Seaview Terrace extend well
beyond the coastal building line.
The following image details the extent of encroachment.




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