2023-01-16 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                16 JANUARY 2023




                                      Figure 1 – Locality Plan

2.   ASSESSMENT
An assessment in relation to the submitted representations is provided below:
Condition 4 – Amended Plans
4    Prior to the issue of any further development approvals amended plans must be submitted
     to Council. The plans must remove the roof top terrace. The plans must be to the satisfaction
     of the Manager, Development Assessment.
Applicant’s Representation
To assist the assessment of the rooftop terrace, the applicant erected a scaffold platform on site
at the height of the proposed rooftop terrace to determine any potential for overlooking of
neighbouring resident’s private open space or views into habitable windows or doors of
neighbouring properties. This confirmed that the plans previously reported to Council would result
in overlooking of neighbouring private open space.
To address these overlooking/privacy concerns and support their request to delete condition 4, the
applicant amended their plans and:
    Modelled all houses (including those to the west and on the other side of Seaview Terrace
     to ensure no overlooking from any neighbour);
    Reduced the size of the rooftop terrace; and
    Increased the size of the screen.
Assessment of Representation
The proposed roof top terrace does not meet the acceptable outcomes AO7.1, AO16.3 and AO9.1
of the Low Density Residential Zone Code for roof form and front setback and so must be assessed
against the corresponding performance outcomes PO7, PO9 and PO16.
The proposed rooftop terrace is also contrary to Acceptable Outcome AO7.2 of the Coastal
Communities Local Plan Code and must be assessed against the corresponding performance
outcome PO7.
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