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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 20 DECEMBER 2011<br />

Development description<br />

The application proposes amendments to the original Planning Approval (dated 3 August 2009),<br />

these include:-<br />

<br />

<br />

<br />

<br />

A garage roller door added to the western side;<br />

Windows located 800mm from the garage floor level;<br />

Bricking up <strong>of</strong> previously approved openings; and<br />

Dense landscaping between the garage and front fence<br />

Applicant's submission<br />

The applicant has provided the following justification for the front setback variation:-<br />

<br />

<br />

<br />

<br />

The carport will attract an increase in criminal activity as a result <strong>of</strong> high degree <strong>of</strong> visibility<br />

generated from its intent.<br />

<strong>Council</strong>s imposition <strong>of</strong> the provision <strong>of</strong> a greater degree <strong>of</strong> openness as outlined on the<br />

planning approval serves only to achieve a planning outcome that is not relevant to the<br />

specific nature <strong>of</strong> the site, its topography context and history and in that regard cannot be<br />

relied upon to claim cause to create adverse impact on the amenity <strong>of</strong> the streetscape.<br />

There are concerns with security and safety to their amenity and they seek to have this<br />

concern alleviated by maintaining as closed and as solid a structure as possible;<br />

We believe that valid arguments for a more solid and robust structure that addresses the<br />

street in a solid and robust manner without compromise to the streetscape can be made<br />

given the unique nature <strong>of</strong> this particular precinct.<br />

Assessment against the performance criteria<br />

Setback <strong>of</strong> Garages and Carports<br />

Setback <strong>of</strong> garage from front<br />

boundary<br />

Proposed<br />

Acceptable development provision<br />

3.0 metres 6.0 metres<br />

Performance criteria:<br />

The setting back <strong>of</strong> carports and garages so as not to detract from the streetscape or appearance <strong>of</strong><br />

dwellings, or obstruct views <strong>of</strong> dwellings from the street and vice versa.<br />

The applicant has submitted an application for retrospective approval for the 'as built' 'carport'.<br />

Although the applicant has defined this structure as a carport, under the R-Codes as:-<br />

A ro<strong>of</strong>ed structure designed to accommodate one or more motor vehicles<br />

unenclosed except to the extent that it abuts a dwelling or a property boundary<br />

on one side, and being without a door unless that door is visually permeable.<br />

A garage is defined as:-<br />

Any ro<strong>of</strong>ed structure, other than a carport, designed to accommodate one or<br />

more motor vehicles attached to the dwelling.<br />

The structure therefore does not fit the definition <strong>of</strong> a carport, and is enclosed on three sides,<br />

with a garage door on the fourth side (the garage abuts a limestone retaining wall and lift to the<br />

H:\CEO\GOV\COUNCIL MINUTES\11 MINUTES\DECEMBER 2011\B DV.DOCX 94

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