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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 20 DECEMBER 2011<br />

DV11.121 LOT 41 (NO. 69) LAKE MONGER DRIVE, WEST LEEDERVILLE - GARAGE<br />

(RETROSPECTIVE APPROVAL)<br />

PURPOSE OF REPORT:<br />

To consider an application for retrospective approval for a garage requiring assessment under<br />

the performance criteria <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> Policy Manual (Part 3.1 - Streetscape) in<br />

respect to setback <strong>of</strong> garages and carports.<br />

BACKGROUND:<br />

BA/DA REFERENCE: 0180DA-2011<br />

LANDOWNER:<br />

Mr J I Paolucci and Mr R P Paolucci<br />

APPLICANT:<br />

Rechichi Architects<br />

ZONING:<br />

Residential R20<br />

USE CLASS:<br />

Dwelling (single) - 'P' (permitted)<br />

LAND AREA: 1161 m 2<br />

DETAILS:<br />

Background<br />

An application was received by the <strong>Town</strong> for additions to the existing dwelling which included<br />

the addition <strong>of</strong> a carport to the front <strong>of</strong> the dwelling. This carport was an open structure with<br />

individual piers. This application was approved on 3 August 2009, with a condition <strong>of</strong> the<br />

approval that the carport remains open on all sides and no solid door is to be installed.<br />

In December 2009, a Planning Officer and Building Surveyor went out on site and noticed a<br />

number <strong>of</strong> structures built in contravention to the approved plans, including the increase in the<br />

height <strong>of</strong> the carport. Amended plans were received on 24 February 2010. On 19 May 2010, a<br />

Planning Approval was issued and the builder was warned that non-compliance with these<br />

plans will result in prosecution A formal letter was sent to both the owners and the builder. On<br />

26 July 2010, a Building Licence was issued for the amended plans. Specifically relating to the<br />

carport (now garage) the plan indicated that the street facing elevation would be modified to<br />

include steel infill to the floor level, the carport door being sectional grille and the western side<br />

including steel infill near the carport door. The modifications were considered to open up the<br />

existing structure so as to fit in better with the definition <strong>of</strong> a carport and to contribute to the<br />

streetscape.<br />

On 22 September 2010, an audit was undertaken again noting issues that contravened the<br />

approved plans and Building Licence including glazing being installed into the openings <strong>of</strong> the<br />

carport. The openings which were to extend to the floor level <strong>of</strong> the garage were amended and<br />

now only contained small openings <strong>of</strong> approximately 3sqm. A garage door has also been<br />

added, contravening Condition 1 <strong>of</strong> the original Planning Approval.<br />

In March 2011, the Builder was prosecuted by the <strong>Town</strong>. These proceedings are still underway.<br />

The matter is listed for hearing on the 26 April and 27 April 2012.<br />

H:\CEO\GOV\COUNCIL MINUTES\11 MINUTES\DECEMBER 2011\B DV.DOCX 93

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