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planning report Werin St
4.2 Setbacks
The relevant Performance Outcome PO12 and Acceptable Outcomes are provided below for
assessment.
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 new dwelling (unit 2) seeks a setback to the northern upper level eave of 1.6m, 0m to the garage
and 5.45m to a 3m wide portion of the eastern elevation. Each is discussed below.
Upper level eave
The building is setback 2.2m with the eave protruding into the setback by 0.4m. It is considered this
is a minor encroachment and fully complies with PO12 on the following grounds that the eave:
• Is high above the ground level and therefore is not imposing on the neighbour;
• Is on the southern side of the northern neighbour and will not create overshadowing;
• Does not create any overlooking of private open space of neighbouring properties;
• Is consistent with setbacks on neighbouring properties as the superseded planning scheme
allowed 0.6m encroachment into the setback and the surrounding properties were constructed
under superseded planning scheme;
• Allows for landscaping to screen the development.
Rear setback
The proposal seeks an eave and a small portion of the rear building to encroach by 0.6m into the
setback. Figure 5 below shows the extent of the building into the setback.
Figure 3 - Extent of building into the rear 6m setback shown on 2 elevations
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