planning report 38 mossman - may 24 · MCU24/0032

4.1         Setbacks
The development seeks a setback variation for the first floor eave and the basement within the front
setback. It can be argued the side setback encroachment for the basement is compliant with the
QDC as the structure is for a non-habitable garage below the ground (<3.5m in height). A picture of
the encroachments is shown below.




Figure 2 - 3D perspective of proposal looking from Mossman Ct and Site Plan with areas of encroachments highlighted.

The setbacks do not meet Acceptable outcome AO9 of the Low Density Zone Code and therefore
assessed against Performance outcome PO9. Performance outcome PO9 is provided below.

PO9
Buildings and structures are designed and sited to:
     (a) provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic
          privacy and access to sunlight;
     (b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
     (c) provide adequate distance from adjoining land uses;
     (d) preserve existing vegetation that will help buffer development;
     (e) allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with
          trees, shrubs and outdoor living;
     (f) be consistent with the predominant character of the streetscape; and
     (g) protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and
          wetlands.


A small portion of the basement (300mm) and front eave is within the front setback. The main wall
of the development on the ground and first level are located behind the 6m setback apart from this
small curved element. The design seeks to provide vegetation in front of the building and around the
boundaries to help buffer the development, providing a high level of amenity in accordance with PO9
of the Low Density Residential Zone Code. This part of the structure will not be bulky with the impacts
considered de minimus.




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