AS PUBLISHED Negotiated Report (Representations made) MCU23 0094 · MCU23/0094

               Applicant’s Representation
               The applicant seeks amendment of the condition to remove reference to units 501 and 603 as
               detailed below:
               The previous RFI requested screening to units 209, 705 & 706 which has been provided. Units 105
               & 304 also include screening along their boundaries.
               Unit 501 does not overlooks dense landscaping towards Headland Dr and does not face active
               open space areas. The unit is setback so as not to be able to look over the adjoining neighbour
               and it is considered this requirement be removed for this unit.
               Unit 603 adjoins the currently vacant lot to the north. The unit has been designed with balconies
               orientated to the north and east, with screens in front of the bedroom and the majority of the living
               room balcony, as well as translucent balustrading. Although not covering the entire of the balcony
               – the opening is designed to capture the eastern aspect, while allowing for breezes and privacy
               between residential users. As a result, it is requested the unit be removed from this requirement
               and approved in accordance with the amended plans.
               Assessment of Representation
               Council has imposed this standard condition in accordance with the Acceptable outcomes of the
               Medium Density Residential Zone Code to minimise the potential for overlooking. The applicant
               has not fully demonstrated that the units will not overlook the adjoining premises and the condition
               is considered relevant to ensure that this matter is appropriately addressed and while screening is
               shown on the architectural plans for units 101, 102, 105 & 701-704, the inclusion of this condition
               will ensure overlooking is able to be appropriately reviewed during and after construction.
               Given the grade differences between the two units and the adjoining residences, the units have
               been referenced in Condition 15, to ensure the level of amenity between the premises is not unduly
               impacted.
               The applicants submission is not supported and the condition is to remain unchanged.


               Fencing and Walls
               Condition 20 of the Material Change of Use Development Permit
               20.    There are to be no private footpath connections within Council’s road reserve to Units 101,
                      102, 105 & 701-704, this area is to be returned to grass.
               Applicant’s Representation
               The applicant seeks deletion of the condition for the following reasons:
               Malolo allows for streetscape pathway connections and there are no specific outcomes in the
               planning scheme restricting this arrangement. Please delete this condition in accordance with the
               information request response and good planning practice for connecting people to active
               streetscapes.
               Assessment of Representation
               Revised plans provided on 12 April 2024 have removed the connection points from the road
               reserve.
               The applicants submission is supported and the condition recommended to be deleted.


               Condition 25 of the Material Change of Use Development Permit
               25.    The notated “drying court” as shown on the Upper Level Plans of Units 205-208, 603, 604 &
                      706-708 are not to be enclosed, with the area to present as an upper level terrace. The
                      screening element of the “drying court” is to achieve a minimum of 50% transparency, with
                      the remaining terrace being open with a balustrade.


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Document Set ID: 22926712
Version: 8, Version Date: 13/05/2024