20230926_36-38 Duke St_Information_Request_Response (MCU23-0070)

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                                              Figure 2 – Extent of side setback

The third storey building footprint complies with Council’s preferred 6m front setback requirement except for a minor
encroachment comprising the privacy wall between units 1 and 2, the pools side screening wall and the 1.1m high glass
pool fence for units 1 and 2 (refer to Figure 3)

Council’s preferred rear boundary setbacks are 6m (AO13) for the first two storeys and 10m for the third storey. The
proposed rear setback is 7m from the Douglas Lane for Levels 2 & 3 above the car park level. However, it is considered
that Council’s rear setback provisions do not apply in this case because the site has two street frontages i.e. the site has
no rear setback, as Douglas Lane is also technically a street frontage.




                                         Figure 3 – Extent of front and rear setback

Notwithstanding this, the preferred setbacks outlined above are only acceptable outcomes, and any non-compliance with
an acceptable outcome is required to be assessed against the relevant performance outcome (PO13), an extract of which
is provided below:




JFP Ref: M3024P                                                                                                  Page 11