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

               DEVELOPMENT ASSESSMENT DELEGATED REPORT
               It must be noted that the proposed extent of boundary relaxation would generally not be supported
               due to the requirements for landscaping to be provided within the setback, however due to the
               uniqueness of the subject site, the proposed design of the development, and given the proposal is
               an improvement on the existing situation, the proposal is supported in these circumstances only.
               Council’s Senior Environment Officer has included specific species in the conditions of approval to
               be located along this boundary to ensure appropriate planting is provided within the reduced
               setback to soften the appearance of the north-eastern façade.
               The First Floor encroachment, at 1.7m in lieu of 2m relates to the upper half of the level
               (approximately 5.8m – 6.2m in height above natural ground level), for a length of 10m (Houses 1
               & 2) and 2m (House 3) of this level only and as such is relatively minor in nature (refer to Figure
               27). The encroachment sits at the approximate height of the ground floor of the adjoining property
               (ie height of an allowable 1.5m setback on the adjoining property) and will not unreasonably
               obstruct views.
               Although no windows are within the encroachment, it is noted that 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.




                                        Figure 27: Extent of 0.3m encroachment on north-western boundary

               The roof top terrace encroachment relates to the proposed roof over the terraces only, with the
               terrace itself being sufficiently setback and screened from the adjoining property by a privacy
               screen. The 0.2m encroachment is minor in nature and will not result in any adverse impacts on
               adjoining properties (noting the above assessment and recommendation to not support the roof
               terrace on House 3).
               The proposed setbacks to the north-east boundary are therefore considered to comply PO9 of the
               High Density Residential Zone Code.


               Roof Terrace
               Acceptable Outcome AO15.2 of the High Density Residential Zone Code requires that
               development does not include roof top terraces. The proposal includes a roof terrace for each of
               the dwellings, and as such does not comply with AO15.2. The proposal is therefore required to
               comply with corresponding Performance Outcome PO8 of the High Density Residential Zone
               Code, which requires that roof forms:
                   a. contribute positively to the local skyline;
                   b. complement the character of the locality and the topography of the site;
                   c. avoid box profiles/parapets; and




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