2017-12-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             12 DECEMBER 2017


3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
    Eastern Beaches Locality Code.
    Residential Uses Code.
    Engineering Works Code; and
    Landscaping Code.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
In this particular instance the applicant advises that the balcony was changed to make it more
useable and liveable during inclement weather. The change to the balcony raises concern
regarding the built form of the development being subject to further changes in the future and the
exterior built form becoming varied and inconsistent. It is noted that this aspect of the building
faces the rear of the site and is not prominent within the public realm.
Specific Outcome O9 of the Eastern Beaches Locality code nominates a maximum GFA
equivalent to the maximum allowable population density in persons multiplied by 40m2. Applying
the ratio, the site has a maximum allowable GFA of 480m 2. This can also be expressed as a plot
ratio of 0.40:1.
A greater GFA of 523m2 (plot ratio of 0.43:1) was previously supported as the development
presented as domestic in scale, was not considered bulky and complied with the site cover and
building height provisions of the code. A photo of the development’s presentation to David Low
Way is provided in Attachment 2.
The application seeks approval for the part enclosure of the balcony area of Unit 6 which
increases GFA by 10.3m2, equivalent to an additional 1.9% in GFA on the site. Although
increasing the GFA, the part enclosure does not result in the development presenting an
appearance of excessive bulk to adjacent properties and the building retains a scale compatible
with surrounding development.
The enclosed balcony is not made up of solid wall but rather comprises building materials
consisting of lightweight framing, transparent glass windows and louvres. These materials
collectively do not substantially increase bulk and scale of Unit 6, given the transparency and
open construction.
The proposed development respects the scale and character of the streetscape and surrounding
development and remains well below the approved GFA of the adjoining Peregian boardwalk
development which has an approved GFA of 2,359.5m2 equivalent to a plot ration of 0.65:1.
The proposed part enclosure of the balcony area of Unit 6 is recommended for approval however
the applicants proposed change to condition 8 is not supported. The applicants requested
wording as follows:
8.   All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
     such as shutters, louvres glass panelling or the like, with exception of Unit 6, which
     provides for two large glass windows along the eastern edge located above the balustrade
     that open outwards and glass louvres along the north edge.
The suggested wording provides a specific design outcome for Unit 6 and will be problematic
should the owners of other units seek to make alterations to their balconies. In order to
accommodate the change proposed by this application and any future changes to other
balconies, should they be supported, the following wording is suitable:
8.   All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
     such as shutters, louvres glass panelling or the like unless otherwise shown on the
     approved plans.



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