20241119-Response to further advice notice · MCU21/0228.02

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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