210057 - Change Application · 51997.2334.01

It is considered that the proposed development generally complies with the requirements of the zone
code. A full assessment is provided within Attachment 2 and additional discussion is provided in
subsequent sections of this report.

Building Height

It is noted that AO7 of the Environmental management and conservation zone code seeks to ensure that
development does not exceed 4m in building height. However, it is noted that only the rear portion of
the site is mapped within the zone, and it is considered that the zone code provisions are intended to
apply to premises that are located wholly within the zone.

The rear portion of the site that is located within the EMC zone does not adjoin an open space or
conservation area and is not mapped within a biodiversity, wetlands, coastal protection or buffer area.
The portion of the site mapped within the EMC zone adjoins other Low density residential zoned land
to the rear. Further, it is noted that the existing development approval over the site was for a dwelling
in a sand dune problem area.

Given the above factors, it is clearly evident that the rear portion of the site has been mapped within
the EMC zone with the intent of protecting the naturally occurring landforms and any coastal processes
on the site, rather than for the purpose of mitigating any visual impacts from bulk, scale or building
height. As such, it is considered that the Acceptable outcome for building height within the zone (4m)
is not reasonably applied in the context of the site.

Further to the above, it is noted that the new sundeck is proposed to be constructed over the existing
roof structure that extends from the kitchen. As such, the proposed sundeck does not represent an
increase in building height within the EMC zone and does not represent an additional encroachment
within the EMC zone. The proposed sundeck merely makes use of the existing roof structure in order to
improve amenity for residents by utilising the existing roof structure as functional private open space.
Please refer to Figure 3 for a pictorial representation of the above. It is noted that privacy screening can
be provided on the interface between the proposed new sundeck and 11 Allambi Rise; if deemed
required by Council in order to mitigate any impacts on visual privacy.

It is also noted that existing vegetation will not be removed or damaged as a result of the proposed
development, and the works are for above ground works only that will not involve any works at ground
level that may interfere with naturally occurring landforms or coastal processes.

With regard to the new louvred roof to the existing deck within the EMC zone, it is again noted that the
new works will not exceed the height of the existing roof structure that extends from the kitchen into
the EMC zone. The proposed new roof only marginally encroaches into the EMC zone and is proposed
in order to provide weather protection and amenity for residents. This is demonstrated in Figure 3 below.




    210093 | Change Application – Minor Change to Existing Approval                                      5