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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 20 DECEMBER 2011<br />

however this has already been approved. Objections were received from No. 23B Jukes Way,<br />

No. 27A Jukes Way, No. 27B Jukes Way and No. 15 Jukes Way. A petition signed by twentyfour<br />

(24) residents <strong>of</strong> Jukes Way was also received objecting to privacy, open space, setbacks,<br />

building height and infill development.<br />

Assessment against the performance criteria<br />

Buildings Setback from the Boundary<br />

Unit 2 setback kitchen and<br />

dining room from northwestern<br />

boundary<br />

Proposed<br />

Acceptable development provision<br />

1.026 metres - 2.5 metres 1.5 metres<br />

Performance criteria:<br />

Buildings set back 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 reduced setback to the kitchen and dining room is as a result <strong>of</strong> the angle <strong>of</strong> the boundary<br />

and the irregular lot shape. Only a small portion <strong>of</strong> the wall intrudes into the required setback<br />

and overall will have less <strong>of</strong> an impact than a compliant wall set back 1.5 metres for the length<br />

<strong>of</strong> the boundary. The wall is staggered to reduce the impacts <strong>of</strong> building bulk on the adjoining<br />

property. The upper floor complies with all setback requirements.<br />

All major openings on this elevation are set back more than the required 1.5 metres from the<br />

boundary and therefore will have little impact on privacy between the adjoining properties. The<br />

reduced setback is to the northwest, and any shadow cast from these properties will be directed<br />

to the street and the common property driveway.<br />

Notwithstanding neighbour's objections to sunlight, it is considered the staggered set backs<br />

provided allow adequate sunlight and ventilation to their dwelling.<br />

Overall, it is considered that the proposal complies with the relevant performance criteria for the<br />

following reasons:-<br />

<br />

<br />

the reduced setback to the kitchen and dining is minor, and overall produces a better<br />

outcome than a compliant wall for the length <strong>of</strong> the boundary;<br />

the reduced setback will have little impact on overshadowing as it is to the north-western<br />

boundary, and the wall is staggered to reduce the impact <strong>of</strong> building bulk on the adjoining<br />

property.<br />

H:\CEO\GOV\COUNCIL MINUTES\11 MINUTES\DECEMBER 2011\B DV.DOCX 65

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