Town Planning Assessment Report · 132001.210239.2

        Figure 6 – View from carpark                          Figure 7 - View from Seaview Terrace

    (e) mature vegetation will be maintained around the dwelling and a vegetated setting and skyline will be
        maintained;
    (f) it will not unreasonably obscure views or lead to overshadowing of neighbouring properties in that:
        (i) the encroachments above 8m is limited to a glass and timber batten balustrade that adjoins a
                reserve and only exceeds 8m by 290mm; and
        (ii) the site is located at a low point in a valley and there are no dwellings in the surrounding area
                that will have views obscured by the balustrade; and
        (iii) the balustrade will not cause the building to exceed 2 storeys in height.


Side Setback

The setback from the outermost projection of the roof top balustrade is 2.2m from the southwest side
boundary in lieu of 2.5m for that portion exceeding a height of 7.5m in height.
While not meeting Acceptable Outcomes, it is considered that the proposed additions comply with
Performance Outcome PO9 of the Code for the following reasons:
a) it will 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 in that:
   i. it will provide access to a roof top to enjoy for amenity and recreation purposes for residents of the
       dwelling; and
   ii. the setback encroachment relates to the introduction of the balustrade on the roof top terrace. The
       encroachment adjoins a reserve and will not impact on the amenity of the adjoining neighbours;
b) the additions remain low-rise and the reduced setback will not obstruct views or cause overlooking
   opportunities upon the private open space or habitable area of adjoining premises;
c) the encroaching structure is not located in close proximity to adjoining dwellings and will maintain
   adequate separation from the nearest dwellings;
d) the structure is situated on an existing roof top and there will be no loss of landscaping;
e) the dwelling maintains a significant portion of the site dedicated to landscaping purposes, including
   between buildings;
f) the proposed dwelling is consistent with the predominant character of the streetscape which
   predominantly consists of large double storey dwellings that provide a varied form.

Roof Top Terrace

The proposed building includes a rooftop terrace and consequently does not comply with Acceptable
Outcome AO16.3 of the Low Density Residential Zone Code. While not complying with the acceptable
outcome, it is considered that the proposed building complies with PO16 of the Low Density Residential Zone
Code for the following reasons:
a) the building will contribute positively to the local character of the streetscape in that the rooftop terrace
    retains the existing roof design fronting Seaview Terrace and will not be visually imposing to the
    streetscape;

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