20241119-Response to further advice notice · MCU21/0228.02

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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