Planning Report (rev 1)

Figure 5 – Northern setback encroachment



4.2.2 Rear Setback

The proposal requires a setback variation to the eastern rear boundary and therefore assessed
against PO9 of the Low Density Residential Zone Code which is provided below. The site has
frontage to public open space land and therefore and as per AO9.2, setbacks to the eastern rear
boundary are 1.5m (lower floor) and 2.0m (upper floor).

PO9
Buildings and structures are designed and sited to:
    (a) provide a high level of amenity to users of the subject site and adjoining premises,
        including provision of visual and acoustic privacy and access to sunlight;
    (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.

It is considered the proposal complies with PO9 for the following reasons.

    •    The setback encroachment is limited to an eave of the upper-level balcony.
    •    The setbacks are consistent to that of adjoining dwellings (north and south)
    •    The wall of the dwelling achieves a 4.0m setback and therefore provides an adequate
         distance to dwellings further west.
    •    The encroachment would not result in any appearance of bulk or visual dominance.
    •    The encroachment is limited to the unenclosed upper level deck.




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