Court Judgement 01032021 Cases - Appeal 20-034 · 132010.105.01

      hazard to life and property because of a catastrophic bushfire in the neighbouring
      bushland.

129. The Tribunal is satisfied that the additional requirements identified in the Respondent’s
     Final Submissions are appropriate to meet the purpose of the FPZ, with the exception
     that the Respondent has not persuaded the Tribunal that the encroachment of the patio
     roof (including the barbeque area and bench) of more than 1 metre into the FPZ would
     increase the hazard to life and property.

130. Accordingly, the Tribunal is satisfied that a patio roof would not present a fire hazard, if it
     was constructed in accordance with the following conditions:

      (a)  constructed to comply with AS3959:2018 “Construction of buildings in bushfire-prone
           areas” as if the work was in a Bushfire Attack Level – Fire Zone (BAL-FZ);
      (b) setback in accordance with the following:
          (i) from the rear/northern boundary, a minimum of:
               (1) 8 metres to the outer most projection;
               (2) 9 metres to the structural posts;
               (3) 8.5 metres to the new bench (that incorporates the barbeque);
          (ii) from the existing house wall, a minimum of 0.8 metres to the new bench (that
               incorporates the barbeque);
      (c) constructed as a discontinuous roof from the main roof, as set out in the approved
          drawing A201 revision A10 by Collins Building Designs, dated 22/10/2020.




Samantha Hall

Development Tribunal Chair
Date:




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