Town Planning Assessment Report · MCU25/0021

4.1 Table of Assessment

Under the relevant tables of assessment, the proposed use can be subject to Accepted Development
subject to requirements. However, due to the site’s zoning, a Material Change of Use is triggered under
Planning Regulation Schedule 6. The proposed development is required to be assessed against the
following codes:

    ●​ High density residential zone code;
    ●​ Low density housing code;
    ●​ Queensland Development Code MP1.2.

The proposal has been assessed against the Acceptable Outcomes and Performance Outcomes of the
above codes and is considered compliant. An assessment of the relevant benchmarks has been
undertaken and is included in Attachment A of this letter. Where the proposal does not comply with an
Acceptable Outcome, alternative solutions to satisfy the corresponding Performance Outcome have been
provided below.

4.2 Planning Scheme Non-Compliances

AO9.1 of the High Density Residential Zone Code

AO9.1 of the High Density Residential Zone Code states:

AO9.1 Buildings and structures meet the following minimum boundary setbacks:
    (a)​ for frontages:
            (i)​ first and second storeys— 6 metres
           (ii)​ third storey and thereafter—10 metres
    (b)​ Side boundaries—
            (i)​ 1.5 metre setback up to 4.5 metres height;
           (ii)​ 2 metres setback between 4.5 metres and 7.5 metres height; and
          (iii)​ 2 metres plus 500 millimetres for every 3 metres above 7.5 metres height or part thereof
    (c)​ Rear boundary
            (i)​ first and second storeys—6 metres
           (ii)​ third storey and thereafter— 8 metres

Response: The proposal provides compliant front and rear setbacks to the Lower and Main Levels, and
compliant side setbacks to all levels.


On the Upper Level, the development proposes:


    ●​ A front setback of 6m to the edge of the concrete slab and <10m to the building wall in lieu of
       the 10m requirement for the third storey; and
    ●​ A rear setback of 6m to the terrace and 8m to the building wall in lieu of the 8m requirement for
       the third storey.


This is best depicted on the Roof Plan and Section A in Figures 4 and 5 below, which shows the front and
rear terraces will be unroofed for the extent of the non-compliance, and otherwise maintains compliant
setbacks to building walls on this level.



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