20241119-Response to further advice notice · MCU21/0228.02

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Photos 4 and 5 illustrate that the patio / deck extends the full frontage of the adjoining premises. Notably, photo 5
illustrates that the living/ dining area provides direct access to the southern end of the veranda and is likely the primary
entertainment area for the dwelling.




    Photo 1 - View to the south from the balcony              Photo 2– View to the south east from the balcony




    Photo 3 – view to south west from the balcony.            Photo 4 – Shows the extent of the adjoining premises front
                                                              patio / deck.




JFP Ref: M2915P                                                                                                   Page 2

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    Photo 5 – Typical floor layout of both levels of 243 David
    Low Way

The photos from the balcony to the south illustrate that the constructed balcony generally complies with the provisions
of AO20 of the Medium density residential zone code, as provided in the original lodgement material. Any potential
overlooking of the adjoining premises (as detailed above) is considered to be minor, and unlikely to result in an
unreasonable impact on the amenity of the adjoining residents. We also note that the existing landscape plantings along
the southern site boundary are anticipated to grow to a height of 4m at maturity and provide additional screening and
privacy to the adjoining premises.

Accordingly, we contend that the addition of the Juliet style balcony complies with the provisions of PO20 of the Medium
density residential zone code, which is reproduced below:

      PO20
      Development:

           1. provides a high level of residential amenity to users of the subject site; and
           2. does not unreasonably impact on the amenity enjoyed by users of adjoining or nearby premises, including
              privacy and access to sunlight.



Item 2 – the additional room/ attic in unit 2
The space above Unit 2’s bedrooms was not shown on the approved plans. It is not agreed that the removal of this area
from the proposed Community Management Statement resolves the noncompliance.

The addition results in noncompliance with Performance outcomes PO8 and PO11 of the Medium Density Residential Zone
Code.

For this area not to contribute to gross floor area or form an additional storey, structural changes will be required.




JFP Ref: M2915P                                                                                                    Page 3

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Advice required
3. Provide revised plans identifying the area above Unit 2’s bedrooms, and detail works to demonstrate compliance with
plot ratio requirements.
4. Provide a copy of the development’s total gross floor area calculations.

Response to item 2.
In response to items 3 & 4 above, we provide amended plans which illustrate the dimensions of the non-habitable space
in the roof cavity (refer to Appendix B). This space results in an additional 58m2 of GFA, which increases the plot ratio to
0.59:1, exceeding the allowable plot ratio of 0.5:1.

Notwithstanding this, the applicant’s private certifier (Pure Building Approvals) has confirmed that the space is non-
habitable in accordance with the requirements of the National Construction Code (NCC). Pure Building Approvals has
prepared a letter (refer to Attachment C) confirming that the space is not a habitable room due to the space not having
sufficient ceiling height.

The area is basically an additional storage area for Unit 2 and can only be accessed via a drop down ladder arrangement
and small sliding door, which are generally only appropriate when providing occasional access to a non-habitable room. It
is understood that the current tenant also uses the area as a kids play area, on a temporary basis.

In light of the area only comprising a non-habitable space, we therefore seek Council’s endorsement to retain the space
as a temporary storage and occasional child play area. We do not believe that this adversely affects the residence being
utilised as intended, nor impacts the external built form. The use of this area could be further addressed through
reasonable and relevant conditions of approval to ensure that this non-habitable space remains primarily for storage and
occasional play space.

Item 3 – Balcony 2 of Unit 2
Condition 14 requires - All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as
shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.

On site inspection it is clear that “Balcony 2” is fully enclosed.

For this area not to contribute to gross floor area structural changes will be required.

Advice Required
5. Provide revised plans and detail works to demonstrate compliance with plot ratio and height requirements.
6. Provide a copy of the development’s total gross floor area calculations.

Response
We understand that Council has concerns that balcony 2 is an enclosed space contrary to Condition 14 stated above.
However, we also note that Condition 18 includes the following which conflicts with the “non- enclosure” requirement of
condition 14:




JFP Ref: M2915P                                                                                                    Page 4

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Clothes Drying Areas
18. Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.

As shown in photo 6 below the permanent screen complies with the requirements of Condition 18 by screening the
clothes line. We contend that it is not feasible to fully comply with both conditions which have conflicting requirements. It
is considered that the proposed angular screening (which provides for some solar access, ventilation and attractive
articulation of the façade) adequately complies with both conditions as far as possible.




Photo 6 – internal view of the clothesline of Unit 2 and accompanying screen to balcony 2

Furthermore, the applicant’s private certifier, Pure Building Approvals, was requested to undertake an assessment of
whether the space is ‘enclosed’ as suggested by Council. The private certifier advised that it cannot be regarded as
enclosed as “the balcony provides ventilation, therefore cannot be considered as a room or enclosed space, as its not
weatherproof.” More on this statement and justification is provided in Attachment C.

Condition 14 specifically refers to permanent fixtures such as shutters, louvres, glass panelling or the like. The listed
fixtures are all able to be fully closed and therefore are capable of providing full weather protection unlike the subject
screen.




JFP Ref: M2915P                                                                                                   Page 5

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Accordingly, we consider the above sufficient to adequately demonstrate that the proposed screen does not enclose this
balcony and as such should not constitute additional GFA.

As detailed above, we believe this response adequately addresses Council’s concerns raised in the further advice notice
dated 25 October 2024. We therefore request Council’s favourable consideration of the above matters and approve the
proposed change subject to reasonable and relevant conditions of approval.

Please do not hesitate to contact the undersigned should you have any questions or wish to discuss on 07 3012 0100.


Yours faithfully,




TIMOTHY BALCOMBE
SENIOR URBAN PLANNER
JFP URBAN CONSULTANTS

CC/ – Altum Property Group

Attachments: -

Attachment A – Site Cover plan prepared by Blackburne Jackson Design

Attachment B – Roof cavity plan prepared by Blackburne Jackson Design

Attachment C – Building advice prepared by Pure Building Approvals




JFP Ref: M2915P                                                                                              Page 6