Council archive · source document
planning report Duplex · 131998.981050.1
Attached to the e-mail Change to DA (Conditions 15 & 16 decks on middle floor) - 131998.981050.1.
The adjoining house to the south of the site (27 Elanda Street) is constructed within 2m of the rear
boundary to take advantage of the elevation over the top of the Duke Street properties and enjoy the
ocean views to the east. The existing deck is finished at a lower level than the adjoining development
at 27 Elanda St and maintains the visual continuity and pattern of developments along Elanda Street,
consistent with the predominant character of the area.
There is also substantial mature vegetation along the eastern property boundary, allowing for limited
opportunities to from the decks towards any open space areas on adjoining properties. The
vegetation is to be retained and has enough area to be further supplemented with appropriate
screening species at ground level.
The existing deck extension is small scale and appropriately sited to match in with the existing
building and outdoor living areas, whilst also providing for a high level of amenity to users of the
subject site and adjoining premises.
6.0 Conclusion
The proposed minor change to the existing approval for a duplex dwelling (12612 DA) to formalise
an existing deck on the middle floor is not considered substantially different development. The
existing deck increases the outdoor living space accessible from each of the duplex units
living/kitchen spaces from 12m2 to 20m2.
The assessment finds the minimal increase in the site cover as a result of the change is compatible
with surrounding development and the circumstances of the site. The rear setback encroachment is
also appropriate (in this instance), as the site affords existing mature landscaping to neighbours and
retains the amenity of users of the site and adjoining properties.
The Assessment Manager’s favourable consideration of the above development application is
therefore recommended, subject to the following wording changes to conditions 15 and 16 of 12612
DA (deleted strikethrough, additions bold underlined):
15. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 9801TP01 to 03
prepared by ACArch and dated April 1998 (Amended June 2019) and as may be amended
by these conditions.
16. Modification of the rear building setback for the upper level deck is approved as shown on
the proposal plan. Modification to the rear setback in relation to the lower level (middle floor)
including the outer projection of the separating wall and privacy screens is approved to a
minimum setback of 4 metres with a minimum average setback of 4.5 metres.
Please contact me if you require any further information and/or clarification with respect to the above
application.
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