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COUNCIL MINUTES TUESDAY 28 AUGUST 2012 Visual privacy Upper roof deck Performance criteria: Proposed Minimum 3.0 metres at a 45 degree angle Acceptable development provision Minimum 7.5 metres Direct overlooking of active habitable spaces and outdoor living areas of other dwellings is minimised by building layout, location and design of major openings and outdoor active habitable spaces, screening devices and landscape, or remoteness. Effective location of major openings and outdoor active habitable spaces to avoid overlooking is preferred to the use of screening devices or obscured glass. Where these are used, they should be integrated with the building design and have minimal impact on residents’ or neighbours’ amenity. Where opposite windows are offset from the edge of one window to the edge of another, the distance of the offset should be sufficient to limit views into adjacent windows. The upper roof deck is located adjacent to the northern boundary but set well back from the street (approximately 15.5 metres). Whilst the northern side of the deck is enclosed with a brick wall, the west facing opening is likely to have views into the private areas and windows of the adjoining property to the north at the 45 degree angle, as the deck is set so far back from the street. Requiring screening along the western opening of the deck will negate the purpose of the deck. Combined with the wall height variation, the visual privacy variation further confirms that the upper roof deck is not acceptable and cannot be supported. Overall in view of the above comments, it is considered that the proposed overlooking from the deck is not acceptable and does not satisfy the performance criteria for the following reason:- • the upper roof deck will have views to the active habitable spaces and outdoor living areas of the adjoining property to the north. Landscaping in the primary street setback area The plans show less landscaping and more paving in the primary street (Oceanic Drive) setback area than what was shown on the plans submitted and approved for a building licence. The additional paving is not supported, as the secondary street setback area is almost fully paved, apart from a small area in front of the garage and there is no requirement for paving for a driveway as the garage and both accesses to the garage are off Tumut Road. POLICY/STATUTORY IMPLICATIONS: There are no policy or statutory implications related to this report. The proposal was assessed against the provisions of the Residential Design Codes (R Codes), Town Planning Scheme No.1, and the Town Planning Scheme Policy Manual. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\B DV.DOCX 53
COUNCIL MINUTES TUESDAY 28 AUGUST 2012 FINANCIAL IMPLICATIONS: There are no financial implications related to this report. STRATEGIC DIRECTION: Consideration of this application is consistent with the Town's Strategic Plan 2009-2020 for the priority area 'Planning for our Community'. COMMUNITY CONSULTATION: This matter has been assessed under the Community Consultation Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme. ATTACHMENTS: Nil. Council Meeting 28 August 2012 Prior to consideration of this item, Cr Pelczar, in accordance with Section 5.65 of the Local Government Act 1995, declared a proximity interest in this matter. COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION) Moved by Cr MacRae, seconded by Cr Bradley That:- (i) in accordance with Part 4 of the Town of Cambridge Town Planning Scheme No. 1 Council REFUSES the application for an upper roof deck submitted by Ms N Day at Lot 341 (No. 240) Oceanic Drive, City Beach, as shown on the plans dated 19 December 2011, for the following reasons:- (a) (b) (c) the proposal does not satisfy the acceptable development provisions of Council’s Building Height Policy or the Building Height performance criteria of Part 6.7.1 of the Residential Design Codes of Western Australia; the upper roof deck will have views to the active habitable spaces and outdoor living areas of the adjoining property to the north; and approval of the additional building height would establish an undesirable precedent for the area; (ii) Council APPROVES the application for a shed submitted by Ms N Day at Lot 341 (No. 240) Oceanic Drive, City Beach as shown on the plans dated 19 December 2011 subject to the following condition:- (a) the surface finish of boundary walls facing the adjoining property to the north and the adjoining property to the east to be rendered, painted or face brickwork to the satisfaction of the Town; H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\B DV.DOCX 54
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Council Minutes - Town of Cambridge

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