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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 28 AUGUST 2012<br />

Visual privacy<br />

Upper ro<strong>of</strong> deck<br />

Performance criteria:<br />

Proposed<br />

Minimum 3.0 metres at a<br />

45 degree angle<br />

Acceptable development<br />

provision<br />

Minimum 7.5 metres<br />

Direct overlooking <strong>of</strong> active habitable spaces and outdoor living areas <strong>of</strong> other dwellings is<br />

minimised by building layout, location and design <strong>of</strong> major openings and outdoor active<br />

habitable spaces, screening devices and landscape, or remoteness.<br />

Effective location <strong>of</strong> major openings and outdoor active habitable spaces to avoid<br />

overlooking is preferred to the use <strong>of</strong> screening devices or obscured glass.<br />

Where these are used, they should be integrated with the building design and have minimal<br />

impact on residents’ or neighbours’ amenity.<br />

Where opposite windows are <strong>of</strong>fset from the edge <strong>of</strong> one window to the edge <strong>of</strong> another, the<br />

distance <strong>of</strong> the <strong>of</strong>fset should be sufficient to limit views into adjacent windows.<br />

The upper ro<strong>of</strong> deck is located adjacent to the northern boundary but set well back from the<br />

street (approximately 15.5 metres). Whilst the northern side <strong>of</strong> the deck is enclosed with a<br />

brick wall, the west facing opening is likely to have views into the private areas and windows<br />

<strong>of</strong> the adjoining property to the north at the 45 degree angle, as the deck is set so far back<br />

from the street. Requiring screening along the western opening <strong>of</strong> the deck will negate the<br />

purpose <strong>of</strong> the deck. Combined with the wall height variation, the visual privacy variation<br />

further confirms that the upper ro<strong>of</strong> deck is not acceptable and cannot be supported.<br />

Overall in view <strong>of</strong> the above comments, it is considered that the proposed overlooking from<br />

the deck is not acceptable and does not satisfy the performance criteria for the following<br />

reason:-<br />

• the upper ro<strong>of</strong> deck will have views to the active habitable spaces and outdoor living<br />

areas <strong>of</strong> the adjoining property to the north.<br />

Landscaping in the primary street setback area<br />

The plans show less landscaping and more paving in the primary street (Oceanic Drive)<br />

setback area than what was shown on the plans submitted and approved for a building<br />

licence. The additional paving is not supported, as the secondary street setback area is<br />

almost fully paved, apart from a small area in front <strong>of</strong> the garage and there is no requirement<br />

for paving for a driveway as the garage and both accesses to the garage are <strong>of</strong>f Tumut<br />

Road.<br />

POLICY/STATUTORY IMPLICATIONS:<br />

There are no policy or statutory implications related to this report. The proposal was<br />

assessed against the provisions <strong>of</strong> the Residential Design Codes (R Codes), <strong>Town</strong> Planning<br />

Scheme No.1, and the <strong>Town</strong> Planning Scheme Policy Manual.<br />

H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\B DV.DOCX 53

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