Response to Objection from consultant

All of the proposed units have the same roof design and will be below the 8m height
requirement. To this end, a condition can be imposed to ensure that the proposed
development does not exceed a height of 8m from both the natural and finished ground level.

Built Form – Setbacks

The planning scheme requires the following building setbacks as a probable solution, which
makes reference to Schedule 1, which states:

       a) for 1 or 2 storey building – 6m; or
       b) for 3 storey building – 6m for the first 2 storeys and 10m for the third storey
       Side boundaries—
       a) 1.5m setback up to 4.5m height;
       b) 2m setback between 4.5m - 7.5m height; and
       c) 2m plus 0.5m for every 3m above 7.5m height or part thereof
       Rear boundary—6m.

The proposed development generally meets the side boundary setbacks to the northern
boundary, with Units 1 to 3 being setback about 1.6m at ground level and 2.6m at the first
level.

The proposed development generally meets the building setback to the north-eastern
boundary of the site, with Units 4 being adjacent to the easement and about 2.4m from this
boundary.

The proposed development encroaches into the rear setback in a minor way, being about
5.875m from the rear boundary for the deck area at the first floor, with the separation wall
between the units being setback about 5.4m at ground level. This reduced building setback is
considered to be relatively minor encroachment that will not cause adverse amenity impacts
upon neighbouring properties, because sufficient separation is still achieved.

The proposed development will encroach within the side boundary setbacks on the southern
side near the ‘Peregian Boardwalk’ development. However, this is considered acceptable
given the ‘Peregian Boardwalk’ development is mostly comprised of commercial uses. Further,
the actual building separation will be more than 6m, given the driveway and access to the
‘Peregian Boardwalk’ is provided along this boundary, with the existing building setback from
the boundary. Consequently, sufficient separation is provided between the buildings when
viewed from the street and no adverse amenity impacts will be caused.

The proposed development does encroach within the front building setback area, but this is in
part only. While the setback is about 4m at the closet point, this is for a small portion of Unit 1
only.

In this case the allotment has an irregular shape and is also constrained by easements.
Importantly, the encroachment is mainly caused by the provision of a desirable building form
being four (4) separate buildings, rather than a single bulky building. Further, the setback to
the David Low Way frontage is generally consistent with the reduced building setback to the
‘Peregian Boardwalk’ development. It is suggested that given the landscaping proposed to the
frontage and the proposed built form being of light weight construction comprising separate
buildings, the reduced building setback will not adversely impact upon the streetscape.

Building Form – Site Cover and GFA

The proposed development has a site cover of 39.8%, which is in compliance with the planning
scheme. It is accepted that the gross floor area of the building exceeds the allowable GFA



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