Cover Letter - Response to Information Request

Information Required

    3. The encroachment within the 4.5 metre setback from the revetment wall is not considered
       warranted and does not comply with the Acceptable Outcome nor the Performance
       Outcome of the Medium Density Residential Zone Code.

    4. In addition to the non-compliance, no comments or assessment from an engineer have been
       provided to certify the works will not impact on the structural integrity of the revetment
       wall or impact on flood storage.


Response

3. The proposed pergola, which is to replace in existing shade sale structure above an existing deck,
   would have a varied setback of between 3.2m to 3.5m to the centreline of the revetment wall.
   The open treaded stairs would have a 2.8m setback from the centreline of the revetment wall.
   Consequently, the structures do not comply with AO13 of the code. While not complying with the
   acceptable outcome, it is considered that the proposal complies with the correlating performance
   outcome PO13 in that:
   • the proposed pergola would not reduce the flood detention capacity of the canal system as it
       above and on the same alignment as existing deck and will not involve and new filing within
       the setback (please refer to the attached engineering letter from TOD Engineers);
   • the stairs are open treaded and would not cause any measurable impact on the detention
       capacity of the waterbody;
   • the proposed additions would not impact of the amenity functions of the setback area for the
       following reasons:
            o the pergola replaces an existing shade sale structure that is in disrepair;
            o the pergola is a lightweight and open structure and does not cause any bulk and built
               form impacts to the surrounding area;
            o the alignment of the pergola is consistent with the alignment of the existing deck
               associated with Lots 4 and 5 and the pergola structure that was approved for Lot 4 to
               have a minimum setback of between 2.6m - 3m to the revetment wall as illustrated
               on the approved plans and Figure 1 above; and
            o the proposed structure will not reduce the extent of landscqped area within the
               setback area.

Please refer to the photographs below which illustrate the existing deck, shade sale, and location of
the roofed pergola structure.