2022-10-24 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                 24 OCTOBER 2022


    b) not unreasonably obstruct views or cause overlooking of private open space or habitable
         areas of adjoining premises;
    c) provide adequate distance from adjoining land uses;
    d) preserve existing vegetation that will help buffer development;
    e) allow for space and landscaping to be provided between buildings
         including adequate area at ground level for landscaping with trees, shrubs and outdoor
         living;
    f) be consistent with the predominant character of the streetscape; and
    g) protect the natural character and avoid adverse impacts on ecologically important
         areas such as national parks, waterways and wetlands.
Front Setback
The applicant proposes a front setback of 3 metres in lieu of the required 6 metres. It is noted that
the site exhibits a steep slope from Seaview Terrace to the rear of the site and as such the
proposed front setback is a consequence of the site’s topography. The site also requires a greater
rear setback which further reduces the amount of developable space on the site.
Structures within the front setback include the garage and a pool on the front boundary. All other
parts of the proposed dwelling house comply with front setback requirements. The proposed front
setback is considered to comply with Performance Outcome PO9 as it will not detract from the high
level of amenity provided to adjoining properties and will improve the amenity to users of the subject
site. The proposed front setback is consistent with the predominant character of the streetscape,
with a number of dwelling houses on the seaward side of Seaview Terrace exhibiting garages and
structures within the front setback (58 Seaview Tce: 2 metres to garage, 52 Seaview Tce: 3 metres
to garage and pool, 50 Seaview Tce: 2.5 metres to garage, 44 Seaview Tce: 2.56 metres to
garage). Landscaping is also proposed within the reduced front setback to help buffer the
development from neighbouring properties.
Side Setbacks
The proposed dwelling house has a northern side setback of 0 metres to the stairs and 1.5 metres
to the dwelling. It is noted that only the proposed stairs in the side setback do not comply and that
the dwelling house is otherwise setback as per Acceptable Outcome AO9.2.
The reduced side setback is compliant with Performance Outcome PO9 as it will provide a high
level of amenity to users of the subject site and will not impact on adjoining premises with regard
to visual and acoustic privacy and access to sunlight. The reduced setback will not obstruct views
or cause overlooking of private open space or habitable areas of adjoining premises.
The applicant also proposes a southern side setback of 0 metres to the garage and 1.45 metres to
the windows on the second floor. The garage has a height of 2.7 metres and a length of 7.8 metres.
This is consistent with the QDC requirements which allow for a garage to be located on the
boundary where:
•     The height does not exceed a height of 4.5 metres and a mean height of 2.5 metres;
•     It is less than 9 metres long; and
•     Is no closer than 1.5 metres to a habitable room window of an adjoining dwelling.
The proposed setback to the stairs is considered minor and will provide a high level of amenity to
users of the subject site and will not impact on adjoining premises with regard to visual and acoustic
privacy and access to sunlight.
Rear Setback
Performance Outcome PO3 of the Coastal Protection and Scenic Amenity Overlay Code states:
      Where a coastal building line exists on a lot, all buildings, structures and retaining walls do
      not extend seaward of the coastal building line for the site, other than —
            1. uncovered and unenclosed cantilevered balconies that do not extend greater than 3
            metres seaward of the coastal building line; and
            2. are setback a minimum of 6 metres from the seaward boundary


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