Delegated Report - Code - Planning MCU22 0087 [As Published]

               DEVELOPMENT ASSESSMENT DELEGATED REPORT
               It is noted that the third storey of House 3 is at the same height/level of the second storey of Houses
               1 & 2, and as such the setback proposed to the ‘First Floor’ of House 3 is generally consistent with
               and/or slightly greater than the setbacks to the ‘First Floor’ of Houses 1 & 2. The proposal includes
               a 5.1m setback to the balcony and 6m setback to the wall of the building to House 3. As outlined
               above, the proposal complies with the purpose and overall outcomes of the High Density
               Residential Zone Code, as the proposal provides:
                    •    for high density multiple dwellings;
                    •    three dwellings for permanent residents;
                    •    a positive contribution to the streetscape by providing a well designed building and
                         landscaping; and
                    •    provides for smaller sized multiple dwellings to mee the needs of different households.
               It must be noted that the proposed extent of boundary relaxation would generally not be supported,
               however due to the uniqueness of the subject site (ie corner lot, small lot size and topography),
               intent of the zoning and the proposed design of the development, the proposal is supported in
               these circumstances.
               Berrima Row
               The Berrima Row frontage (north eastern elevation) is backfilled around the Basement level (first
               storey), and as such the dwelling presents as two storeys (and a roof terrace) to Berrima Row. The
               portion of the Basement level within the setback relates to a backfilled section of the basement
               carpark and House 3 (not the exposed area of House 3) and as such will not be viewable from the
               road frontage. The basement setback allows sufficient area at ground level to allow for landscaping
               to be provided along the Berrima Row frontage to provide softening to the development, with
               specific species included in the recommendation to be provided at 4 metres centres within the Unit
               3 landscape frontage garden for the full length of Bottlebrush Ave and Berrima Row frontage.
               The Ground Floor level is setback 4.9m to the kitchen area and 5.5m to the rest of the façade. The
               Ground Floor presents as the first storey to the Berrima Row frontage, and as such has a 0.5m –
               1.1m encroachment. This setback is greater than the setback of the adjoining dwelling to the north,
               which is setback a minimum of 4.5m from the Berrima Row frontage, as discussed below.
               It is acknowledged that the First Floor (as technically the third storey, however presenting as the
               second storey) requires a 10m setback under the current planning scheme, given no provision for
               corner lots has been provided for in the High Density Residential Zone Code. However, it is also
               noted that the First Floor presents as the second storey to the Berrima Row frontage, due to the
               backfilling around the Basement level on this frontage (refer to Figure 17). As such, the 5.5m
               setback is a minor encroachment on the 6m setback required for second storeys in the scheme. It
               is also noted that the adjoining dwelling house to the north is setback 4.5m from the Berrima Row
               frontage for both storeys. The topography of Berrima Row results in the third storey of the proposal
               being located at a lower height than the upper level of the adjoining property. As such, the reduced
               setback will be consistent with the setbacks of the dwelling house to the north. These proposed
               setbacks to Berrima Row are therefore considered to comply with PO9 of the High Density
               Residential Zone Code.
               The House 3 roof terrace however does raise concerns given the proximity of the terrace to the
               Berrima Row frontage, being setback a minimum of 6.3m from the frontage. The proposed setback
               is substantially under the 10m required under the zone code, and it is considered that the roofed
               terrace adds additional bulk within the Berrima Row front setback. The reduced setback may also
               impede view lines from the northern adjoining property to the south. As such, the roof terrace on
               House 3 is not supported. The proposal plans will be annotated to note that the House 3 roof
               terrace is not approved.




Document Set ID: 22374890
Version: 10, Version Date: 06/08/2023