Minor Change Report 132004 4552 02 (As Published) · 132004.4552.02

               The current proposal differs from the previously refused application as the gross floor area now
               complies with the allowable floor area at the time of the original approval. The current application
               has provided for a more robust calculation of the areas that contribute to gross floor area noting a
               condition is proposed by the applicant to prevent the utilities area from being converted to a
               habitable space which the current floor to ceiling height prevents. It is considered reasonable to
               accept the gross floor area permitted at the time of the original approval.
               The amended plans result in a minor variation to the allowable setback to the south-eastern
               boundary in that a small area of the addition is above 4.5 metres in height and is setback 1.5
               metres from the property boundary in lieu of the 2.0 metre requirement.

               Side Setback
               Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code states:
               AO12.1 Buildings and structures meet the following minimum boundary setbacks:
                          a.      for frontages — 6 metres
                          b.      for side boundaries—
                                  i.     1.5 metres setback up to 4.5 metres height;
                                  ii.    2 metres setback between 4.5 metres and 7.5 metres height; and
                                  iii.   2.5 metres where above 7.5 metres height
                          c.      for the rear boundary - 6 metres
               The applicant is proposing a 1.5m side setback for parts of the southern (side) façade which has
               a façade elevation of 6.27m and as such does not comply with AO12.1 of the Medium Density
               Residential Zone Code. The proposal is therefore required to comply with corresponding
               Performance Outcome PO12 of the Medium Density Residential Zone Code, which states:
               PO12       Buildings and structures are designed and sited to:
                          d.      provide a high level of amenity to users of the subject site and adjoining premises,
                                  including provision of visual and acoustic privacy;
                          e.      not unreasonably obstruct views or cause overlooking of private open space or
                                  habitable areas of adjoining premises;
                          f.      provide adequate distance from adjoining land uses;
                          g.      preserve existing vegetation that will help buffer development;
                          h.      allow for space and landscaping to be provided between buildings including
                                  adequate area at ground level for landscaping with trees, shrubs, outdoor living and
                                  utilities;
                          i.      be consistent with the predominant character of the surrounding area; and
                          j.      protect the natural character and avoid adverse impacts on ecologically important
                                  areas such as national parks, waterways and wetlands.
               Assessment:
               The proposed side setback relaxation retains an acceptable level of amenity to users of the subject
               site and adjoining premises, including provision of visual and acoustic privacy as all areas of the
               façade in this setback are solid walled with no openings or windows.
               The proposed development demonstrates compliance with PO12 of the Medium Density
               Residential Zone code due to the above justification.




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Document Set ID: 24826529
Version: 3, Version Date: 01/06/2026