Planning Report - 9 Kauri · MCU22/0144

4.3 Rear setback
The upper-level eave is setback 5.4m and the lower level roof to the outdoor living area is proposed
at 4.2m. Performance outcome PO12 is the associated provision for assessment and is provided
below.

Building Setback
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.


The proposed setback to the rear boundary is minor in nature and considered to fully comply with
PO12 for the following reasons:
•   The POS roof provides weather protection to the users and does not cause any overlooking to
    neighbours or noise impacts beyond the property boundary.
•   The adjoining property is fully vegetated consisting of regulated vegetation and is unlikely to be
    development, given the quality of vegetation. Noting that this land is accessed from Pear Tree
    Lane which is also fully vegetated with a mapped waterway centrally located on the unsealed
    road. Site access is severely restricted.
•   The encroaching structure is a light weight roof, a maximum of 4.4m above NGL and therefore
    is not imposing or bulky.
•   The proposed setback of 4.2m is sufficient distance to provide landscaping.
•   The separation is adequate so no negative impacts will occur to the neighbouring vegetation.
•   The relaxation sought is minor and will not create any adverse effects to the rear land.




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