Minor Change Cover Letter Assessment_060620 · MCU13/0081.01

Compliance Summary: Whilst none of the proposed changes will exceed the maximum allowable
height for the site under the Probable Solution, it is considered necessary to discuss the Scheme’s
requirement for a “12m presentation to the beach”. As mentioned, nothing about the overall height of
the building changes, however, the applicant is proposing new pergolas on the roof tops which will be
visible from the beachfront generally.

The code permits buildings and structures to stand 15m tall, but requires a 12m presentation to the
beach – noting that the planning scheme provides no further guidance as to what exactly this means. At
roughly 12m above natural ground level, the proposed pergolas would not exceed the maximum
allowable height limit and nor do they exceed the highest elements that exist. Further, the top of the
pergolas will be approximately 11m above the ground floor level on the beach side and in the absence
of any greater definition of the requirement to have a “12m presentation to the beach”, it is submitted
that the proposal complies.

It will be clear that the construction materials will be lightweight with an ‘open’ design and therefore
would not contribute significantly to massing and bulk the way that solid elements would. The existing
development clearly presents as 3 storeys maximum to the beach (refer North Elevation in the drawings).

Furthermore,
 the structures are intended to mainly provide protection from excessive solar exposure, which is a
    major shortcoming for the development; and
 increase the usability of the roof top terraces, which will increase the activation Netanya provides
    for the beach and surrounding premises.

The proposed pergolas are therefore considered to comply with the Probable Solution. As the pergolas
comply with both parts of the Probable Solution, an assessment against the Specific Outcome is not
required.

O8 Setbacks

S8.1 “Buildings and structures comply with the minimum setbacks identified in Schedule 1 - Minimum
Boundary Setbacks.”

Compliance Summary: An assessment of the proposal against Schedule 1 finds that generally the
proposed changes meet the Probable Solution, however setback variations are proposed for the outdoor
dining area extension, the shop front awnings and the feature awning on the beach side. In these
instances, an assessment against the Specific Outcome has found that the proposal will comply on the
basis that:
     • there is unlikely to be any significant negative impacts as a result of encroachments from the
         proposed structures;
     • side boundary awning largely maintains the height and form of the existing building and is
         setback in line with the existing awnings. To this extent, the structure will not create any
         significant impacts with regard to access to light, privacy or ventilation.
     • The awning merely seeks to provide increased weather protection.
     • The majority of site landscaping will be maintained and enhanced.
     • The proposed changes present similarities in setbacks, height and colour to the existing entry
         pavilion as well as to the height and rectangular form of the existing raised garden bed and to
         this extent are consistent with the existing streetscape character;
     • The proposed changes improve the visual amenity of the development when viewed from the
         beach, street and adjoining properties;
     • The proposed changes provide the improvements in street activation sought by the locality
         code, and more importantly, the weather protection needed by the people who use these
         spaces.

The proposal is therefore considered to comply with the Specific Outcome and hence the Code.




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