planning report Duplex · 131998.981050.1

3.2      Breach Action
On the 1 May 2019, Council issued a breach letter regarding the use of the downstairs unit 2 area
as a self-contained unit. To resolve the matter, Council suggested removing the unapproved section
and complying with the approved plans.
The owner of unit 2 has resolved to not use this downstairs unapproved area, as the proposed
development cannot comply with the minimum 0.45:1 plot ratio requirement. In this regard, the
following photos show this downstairs area has been decommissioned and is being used as a
storage space and not for habitable purposes.




Figure 3: Photos of the Lower Ground Floor Areas east of the existing stairwell (22 June 2019).


In addition to the breach letter, Council also verbally raised the issue of the outside decks on the
middle floor being constructed further east than originally approved. This application seeks approval
for the existing deck areas which do not comply with the existing approved plans and conditions of
12612 DA.



4.0     Proposed Development Details
The application seeks approval to change conditions 15 (approved plans) and 16 (4m rear setback)
of 12612 DA, to allow for the existing decks on the middle floor. The existing deck is setback 2.5m
from the rear boundary for unit 2, 2.0m to unit 1 and 1.6m from the dividing fire wall. The proposal
extends the useable deck area from 12m2 (4.5m x 2.7m) to 20m2 (4.5m x 4.6m) each, as shown
below.




Figure 4: Proposed updated site plan and elevations




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