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

               DEVELOPMENT ASSESSMENT DELEGATED REPORT




                                Figure 21: Red line denotes existing dwelling setbacks (front and rear elevations)

               The encroachments are considered minor in nature, with no windows/opening being provided
               within these setbacks above the basement level, and as such will protect privacy and will not create
               overlooking opportunities. In addition, due to the topography of the area and location of surrounding
               dwellings, the location of the encroachments will not unreasonably obstruct views for dwellings to
               the north or west, whilst also providing an adequate setback from the adjoining property to the
               north-west (minimum 2.9m between buildings). The proposed setbacks to the north-west side
               boundary are therefore considered to comply PO9 of the High Density Residential Zone Code.
               It is noted that although no windows are within the encroachments outlined above, the zone code
               requires that transparent doors and windows are designed and located so they do not directly face
               transparent doors or windows or the private open space areas of other dwellings or
               accommodation units within 10 metres. As such, a condition is included in the recommendation
               requiring windows on this façade to include privacy mitigation measures (eg. minimum window sill
               height, translucent glazing or fixed screening) to ensure the proposal does not result in overlooking.
               North-East Side Setback
               Acceptable Outcome AO9.1 of the High Density Residential Zone Code requires buildings and
               structures to meet the following rear boundary setbacks:
                      a.      first and second storeys—6 metres
                      b.      third storey and thereafter— 8 metres
               It is noted however that the subject site is a corner lot, and although the planning scheme does not
               include specific reference to corner lots in the High Density Residential Zone Code, as discussed
               above, it is considered appropriate that the ‘rear’ boundary be treated as a side boundary as it
               adjoins the side boundary of the adjoining lot to the north (7 Berrima Row).
               Acceptable Outcome AO9.1 of the High Density Residential Zone Code requires buildings and
               structures to meet the following side boundary setbacks:
                      a.      1.5 metre setback up to 4.5 metres height;
                      b.      2 metres setback between 4.5 metres and 7.5 metres height; and
                      c.      2.5 metres if above 7.5 metres height.
               The proposal includes the following setbacks:
                      •       0.8m to the Basement (in lieu of 1.5m);



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