planning report duplex v2 20.8.19 · 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. 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.
The owner of unit 2 has resolved to not use this downstairs unapproved area. In this regard, the
following photos show this downstairs area has been decommissioned and is being used as a
storage space (not for habitable purposes).




Figure 3: Photos of the Lower Ground Floor Areas east of the existing stairwell (22 June 2019).
On the 14 August 2019, the adjoining owner to the south (27 Elanda St), provided written approval
for the following works to be undertaken to reduce the noise and light impacts between the
properties:
      1. The south-eastern side of the north-eastern deck to have a soundproof screen installed along
         the full length and height of that side of the deck.

      2. The existing privacy screen near the south-eastern boundary to have shade cloth attached
         to restrict light from the mid and upper levels and any lighting from the basement and
         associated patio.

      3. The side entry to the basement on the south-eastern side of the building is to be closed and
         permanently locked and not used as a daily entry and used for emergencies and/or storage
         access.

      4. The closure of the side entrance to the basement by locking to prevent daily use is acceptable
         to me as an alternative to relocating the entrance or walling in the entrance to avoid expensive
         structural modifications that would otherwise be required. I do not have an objection to the
         retention of the downstairs area as a basement for storage.

      5. These actions and that these works will be completed within 8 weeks subject to council
         approval and requirements as well as builder availability.
A copy of the email correspondence is included as part of this application.

4.0       Proposed Development Details
The application seeks approval to change 12612 DA conditions 15 (approved plans),16 (4m rear
setback) and any other condition as considered necessary to allow for the existing decks on the
middle floor, existing screens and storage areas.




                                                                                                  Page 5 of 14