Delegated Report - Code - Planning MCU25 0021 (As Published) · MCU25/0021

                                   (ii)   third storey and thereafter— 8 metres

               The dwelling house proposes to establish an 8.9m front setback in lieu of 10m at the third storey
               and a 6m rear setback in lieu of 8m at the third storey and does not adopt the acceptable outcome
               offered within AO9.1 of the High Density Residential Zone. Despite not adopting the acceptable
               outcome offered within AO9.1 the development satisfies the performance outcome PO9 for the
               following reasons:
               PO9 Buildings and structures are designed and sited to:
                 (a) provide a high level of amenity to users of the subject site and adjoining premises,
                     including provision of visual and acoustic privacy;
                 (b) not unreasonably obstruct views or cause overlooking of private open space or habitable
                     areas of adjoining premises;
                 (c) provide adequate distance from adjoining land uses;
                 (d) preserve existing vegetation that will help buffer development;
                 (e) allow for space and landscaping to be provided between buildings
                     including adequate area at ground level for landscaping with trees, shrubs, outdoor living
                     and utilities;
                 (f) be consistent with the predominant character of the surrounding area; and
                 (g) protect the natural character and avoid adverse impacts on ecologically important
                     areas such as national parks, waterways and wetlands.

                    (a) The dwelling house is largely setback from neighbouring properties and although seeks to
                        encroach within the front and rear setback at the upper level, provides adequate separation
                        from adjoining premises providing a high level of amenity for users.

                    (b) The dwelling house is proposed to be established at a height of 12m and presents intrusions
                        into the front and rear setback where the dwelling house will not present issues of
                        overlooking to neighbouring residents. The dwelling house is proposed at a height that is
                        accepted within the High Density Residential Zone and does not seek to unreasonably
                        obstruct surrounding premises view lines.

                    (c) The dwelling house is not proposed within the side boundary setbacks and provides 18m
                        of separation between the rear adjoining dwelling thereby ensuring adequate distance from
                        adjoining land uses is maintained.

                    (d) The subject site does not include vegetation of biodiversity significance and provides ample
                        soft landscaping that will help buffer the dwelling house.

                    (e) The submitted plans demonstrate that the dwelling house is provided with 26.8%
                        (142.30m²) soft landscaping and allows planting at ground level for trees, shrubs, outdoor
                        living and utilities.

                    (f) Park Crescent is made up of a mixture of two storey dwellings, up to four storey multiple
                        dwellings and the proposal is consistent with the existing established character within the
                        street.

                    (g) The subject site does not include ecologically important areas and does not impact the
                        natural character of the area.
               The proposal satisfies the Performance Outcome PO9 of the High Density Residential Zone Code.
               Front Walls and Fencing

               Assessment
               Acceptable Outcome AO13.1 of the High Density Residential Zone states:

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Document Set ID: 23619632
Version: 6, Version Date: 16/05/2025