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M3024 - Change representations (2)
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7252-DALS03 Landscaping Planting – Douglas Lane prepared by 11-12-23
Blackburn Jackson
7252-DALS04 Landscaping Planting – Level 2 prepared by 11-12-23
Blackburn Jackson
Plan No. Rev. Plan/Document Name Date
7252-DA07 16 Floor Plan – Level 2 & Level 3 prepared by 11-12-23
Blackburn Jackson
7252-DA08 11 Roof Plan & Height Plane Projection prepared by 11-12-23
Blackburn Jackson
7252-DA14 11 Elevations prepared by Blackburn Jackson 11-12-23
7252-DA15 12 Sections prepared by Blackburn Jackson 11-12-23
7252-DA16 12 Sections prepared by Blackburn Jackson 11-12-23
7252-DA23 09 Sections-additional prepared by Blackburn Jackson 11-12-23
Amendments a) The third storey must be setback a minimum of 6 metres from the front
boundary to Duke Street, with no structures located in this setback
including, but not limited, to balconies, balustrading, dividing wall, pool etc.
b) The planter box located along the western façade of Apartment 3 must
be a maximum of 1m in height for the length of the western boundary.
*(Refer to Advisory Note)
Representation
All outstanding matters have been resolved with the exception of the setback encroachments on the 3 storey where
Council remains concerned that the proposed development impacts on the view lines from the adjoining premises (Unit
7), 28-34 Duke Street and results in excessive mass when viewed from Duke St. Accordingly, Council required plan
amendments within the decision notice to ensure that the 3 storey setback is achieved.
The proposed plan amendments required by Council’s decision notice (i.e. Condition 3) seek to impose strict compliance
with AO13.1 (i.e. acceptable outcome – one means to achieve the performance outcome) which essentially prohibits any
structures including the plunge pools and associated fencing / screen walls from being within the 6m front setback on
level 3.
The removal of these structures and available use area on this level is not acceptable to our client and prejudices the
ability of the development to compete with other tourist accommodation offerings in the Duke St locality.
JFP Ref: M3024P Page 3
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