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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 20 DECEMBER 2011<br />

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setback <strong>of</strong> the dwelling at # 311 so afternoon sun would not be restricted into their<br />

courtyard.<br />

As our proposed dwelling is <strong>of</strong> a single level and is positioned to the rear <strong>of</strong> the property,<br />

there would be no issues relating to building bulk and would have minimal impact to the<br />

streetscape.<br />

Due to the orientation <strong>of</strong> the site, there will be no overshadowing concerns.<br />

It is evident that the privacy <strong>of</strong> adjoining properties will be maintained as there are no<br />

windows within close proximity <strong>of</strong> the side and rear lot boundaries which would permit<br />

overlooking into habitable spaces.<br />

Neighbour submission<br />

The adjoining neighbours to the south, west and east were given a 14 day advertising period to<br />

comment on the proposed ancillary accommodation application. One response was received<br />

from the eastern neighbours and the following summarises their comments:-<br />

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<br />

When designing and constructing my new home careful consideration was given to the<br />

outdoor living area at the rear <strong>of</strong> our property to ensure afternoon sunlight would not be<br />

restricted from the area which includes a below ground spa pool.<br />

Our enclosed garage which backs on to the area was minimised in height by lowering the<br />

ground level, incorporated a flat ro<strong>of</strong> and has a 5.6 metre setback from the rear boundary.<br />

The proposed rear boundary setbacks including the planned double garage are 4.0<br />

metres to 4.96 metres. As the planned garage is also higher than the natural ground level<br />

at our property, it would not only restrict direct sunlight to our outdoor living area but the<br />

proposed building bulk including a 25º pitched ro<strong>of</strong>, would greatly impact on our outdoor<br />

living area both with regards to over shadowing and the abovementioned direct sunlight<br />

restrictions.<br />

Assessment against the performance criteria<br />

Boundary setbacks<br />

Proposed<br />

Acceptable development provision<br />

Rear (south) setback 4.0 metres 6.0 metres<br />

Performance criteria:<br />

Buildings setback from boundaries other than street boundaries so as to:<br />

provide adequate direct sun and ventilation to the building;<br />

ensure adequate direct sun and ventilation being available to adjoining properties;<br />

provide adequate direct sun to the building and appurtenant open spaces;<br />

assist with protection <strong>of</strong> access to direct sun for adjoining properties;<br />

assist in ameliorating the impacts <strong>of</strong> building bulk on adjoining properties; and<br />

assist in protecting privacy between adjoining properties.<br />

The proposed ancillary accommodation has a finished floor level below natural ground level at<br />

all points on the lot. Similarly this finished floor level is below the natural ground level at the<br />

southern and western boundary ranging between 0.55 metres and 2.35 metres below natural<br />

H:\CEO\GOV\COUNCIL MINUTES\11 MINUTES\DECEMBER 2011\B DV.DOCX 98

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