Planners Report.pdf - Hutt City Council

Privacy effects
7.88 It is considered that a residential development above ground floor level can be
anticipated in the Petone Commercial Activity Area. The permitted activity conditions
for Area 1 provide guidance in considering whether the proposal will be consistent
with the outcomes sought for sites abutting residential areas.
7.89 While noting the proposal does not comply with the 10m height requirement for sites
abutting residential activity areas, the non-compliance is generated by the stairwells
which given the intermittent use of such an area, is not considered to generate a
privacy effect on the adjoining residential properties that would be unacceptable. It is
also noted the roof top garden is set back from the edge of the roof which means
views for people on the roof down to the neighbours’ properties are very limited.
7.90 Apartments 3 and 4 will have balconies that face towards the south. While these
balconies are small and therefore unlikely to support a large group of people, there is
potential for reduced privacy for the occupants of the dwellings at 39 and 41 Tory
Street as a result of overlooking from users of the balconies.
7.91 While I consider there will be some degree of overlooking for the occupants of 39 and
41 Tory Street, the privacy effects are considered acceptable and are anticipated by
the District Plan. However, should the committee consider it necessary to further
address the submitters concerns, I believe there is scope for a condition that the final
location or treatments of windows on the southern façade of the new building to be
subject to the approval of the Team Leader, Resource Consents. Such a condition
would seek to ensure occupants of the south-facing apartments are still afforded
adequate light and that an acceptable level of privacy of the southern residential
neighbours is maintained.
7.92 The adverse privacy effects on the owners and occupiers of 28 Tory Street are
considered to be acceptable. This property is across the road from the subject site
and while the new apartments will be visible from this property, the separation
distance provides sufficient mitigation of potential privacy effects on this property.
Shading and daylight effects
7.93 It is considered the proposal will not cause shading nor detract from existing daylight
levels for the owners and occupiers of 28 Tory Street. This property is well separated
from the subject site by approximately 20m such that any adverse shading or daylight
effects will be no more than minor.
7.94 The adverse shading and daylight effects for the owners and occupiers of 39 Tory
Street are considered to be acceptable. The applicant has provided shading diagrams