2019-08-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             6 AUGUST 2019


Matters Raised                                       Comments
14.5m above natural ground level) is                 complies with planning scheme requirements.
excessively intrusive from the windows in the        The design is considered consistent in bulk and scale
living room, bedroom and open space areas            with surrounding development, and will not visually
of Unit 3 Regatta. Treatment to the easterly         dominate the street or surrounding spaces, and is well
solid wall (particularly the section 4.7m above      articulated with strong design elements to provide an
natural ground level) to give better articulation    interesting streetscape.
and to avoid its present uninspiring
                                                     The subject lots will be conditioned to be
dominance.
                                                     amalgamated.
Side boundary setbacks
The      proposed        development      provides   The proposal complies with the required side setbacks
inadequate side boundary setbacks, not being         for Level 1 of the development, however does not
half the height of the building at any point.        comply for Level 2 and Level 3. In response to
These reduced building setbacks, in particular       submitter concerns, the applicant provided updated
at the third level, will have a significant impact   plans where the south western corner of the building
upon the amenity of adjoining residential            has been truncated, increasing the side setback to
properties                                           5.71m at the south western boundary, allowing for
                                                     effective view lines to the river for the properties
                                                     located to the rear of the site.
                                                     The setbacks are consistent with setbacks along
                                                     Gympie Terrace, including adjoining properties, and
                                                     maintain the visual continuity and pattern of buildings
                                                     along Gympie Terrace. The setbacks allow for
                                                     landscaping to be provided the full length of each of
                                                     the common boundaries.
Rear boundary setback
Level 3 of the proposed development does not         The proposal complies with the required rear setbacks
comply with rear setback requirements. The           for Level 1 and Level 2 of the development, however
proposed development has a 6.2m setback to           does not comply for Level 3. The lift, stairwell and
the lift, stairs and terrace area for all levels     southern terrace on Level 3 are proposed to be
and does not comply. Having regard to                setback 6.2m, and the eastern portion of the building is
specific     outcome     O9,   the    proposed       located 7.5m from the rear boundary. The remaining
development:                                         sections of the southern elevation comply with the 8m
   does not preserve amenity for users of          setback. The southern terrace is to be fitted with a
     premises in terms of visual amenity of          1.7m high privacy screening, whilst the stairs and lift
     adjoining premises; and                         shaft are screened to minimise overlooking and add
                                                     variation to the rear façade, which will mitigate any
 does not provide adequate distance from           adverse impacts on privacy and amenity of residents
     adjoining land uses.                            on both the subject site and the adjoining property. In
                                                     addition, the existing mango tree on the subject site is
                                                     proposed to be maintained at this stage, which will
                                                     provided additional screening along the rear boundary.
Overshadowing
Because of the reduced building setbacks to          Probable Solution S14.1 of the Residential Uses Code
the east, west and south, the proposed               requires development to not reduce sunlight to at least
development has not been designed and sited          50% of the private open space areas of any adjoining
to not unreasonably diminish the existing            residences to less than 2 hours between 9am and 3pm
sunlight to the adjoining residences and             on any day of the year. Sun Study diagrams were
associated private open space areas in               provided with the application material indicating that
accordance with specific outcome O14 of the          Wai Cocos, the existing fence and the mango tree
Residential Uses Code.                               already shade the backyards of the properties in
The shadow diagrams (plans C14.0 and                 Elizabeth Street between 9am and 3pm on the Winter
C15.0) indicate that the living room and main        Solstice (shortest day of the year). Although the
bedroom west windows of Unit 3 Regatta will          proposed development will create overshadowing of
be overshadowed by 2pm at the winter                 the rear properties, all adjoining lots will receive at
                                                     least 2 hours of sunlight to at least 50% of the private

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