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COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 • A variation occurs for the proposed boundary wall of the garage which has a nil setback to the west side boundary and requires assessment under the relevant performance criteria of the R Codes. This wall abuts the common strata lot boundary with strata Lot 1 No. 234A Selby Street. • A variation occurs for the portion of wall to the Laundry, Ensuite & Guestroom with a setback to the west side boundary of 1.180 in-lieu of the allowable 1.5 metre setback requiring an assessment under the relevant performance criteria of the R Codes. This setback relates to the common boundary with Strata Lot 1. Applicant's justification The applicant has provided written justification for the variations to the acceptable development provisions relating to buildings on the boundary and buildings setback from the boundary. A summary of the applicant’s justification is attached to this agenda. Neighbour submission The Town notified the owners of the property directly adjoining the west side boundary of the subject site, being No.234A Selby Street, Wembley. A summary of the submission is attached to this agenda. Performance criteria assessment Buildings on boundary Side Setback Performance criteria: Proposed Nil setback from the garage to the west side boundary Acceptable development provision 1.0 metre Buildings built up to boundaries other than the street boundary where it is desirable to do so in order to: • make effective use of space; or • enhance privacy; or • otherwise enhance the amenity of the development; • not have any significant adverse effect on the amenity of the adjoining property; and • ensure that direct sun to major openings to habitable rooms and outdoor living areas of adjoining properties is not restricted. The proposed boundary wall to the garage is 6.320 metres in length and an average of 3 metres in height. It is to be noted that the applicant originally proposed a wall of approximately 4.0 metres in height. In an effort to reduce the impact on the adjoining landowner to the west, the applicant has reduced the height to an average of 3 metres. The proposed boundary wall is located on the western boundary of the property and therefore will have not effect the northern light available to any major openings or outdoor living areas of the adjoining property to this west side. In addition, the proposed boundary wall is considered to make effective use of space for the rear strata site allowing for an adequate turning circle for vehicular access to the garage. The privacy of the adjoining property to the west will be protected with no variations proposed to the acceptable development standards relating to privacy outlined in the R Codes. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\B DV.DOCX 35
COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 Overall, it is considered that the boundary wall to the garage on the west side boundary satisfies the performance criteria for the following reasons:- • direct sun to major openings to habitable rooms and outdoor living areas of the adjoining property is not restricted; • makes effective use of space on the site allowing for a sufficient turning circle; & • assists in protecting the privacy between the adjoining properties. Buildings set back from the boundary Proposed Acceptable development provision Side setback 1.280 metres for the 8.5 1.5 metres metre length of wall for the Laundry, Ensuite and Guestroom on the west side boundary Performance criteria: Buildings setback from boundaries other than street boundaries so as to: • provide adequate direct sun and ventilation to the building; • ensure adequate direct sun and ventilation being available to adjoining properties; • provide adequate direct sun to the building and appurtenant open spaces; • assist with protection of access to direct sun for adjoining properties; • assist in ameliorating the impacts of building bulk on adjoining properties; and • assist in protecting privacy between adjoining properties. The proposed side setback variation is not considered to adversely impact on the adjoining property on the west side due to the east-west orientation of the subject lot. Direct sun to major openings and active habitable spaces will not be compromised. The proposed setback of 1.280 metres is also considered to provide adequate ventilation to the property to the east at No. 234A Selby Street. Privacy between the two properties will be protected with all windows on the front (west) elevation meeting the privacy provisions of the R Codes. The subject portion of wall has been recessed at the laundry which provides vertical articulation, breaking up any perception of building bulk as viewed from the western elevation. Overall, it is considered that the reduced rear setback complies with the performance criteria for the following reason:- • ensures adequate direct sun and ventilation being available to adjoining property; • assists in ameliorating the impacts of building bulk on adjoining property; and • assist in protecting privacy between the adjoining property. 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. FINANCIAL IMPLICATIONS: There are no financial implications related to this report. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\B DV.DOCX 36
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COUNCIL 27 NOVEMBER 2012 The projec
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COUNCIL 27 NOVEMBER 2012 10.2 FORME
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COUNCIL 27 NOVEMBER 2012 COMMUNITY
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COUNCIL 27 NOVEMBER 2012 11. URGENT
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MEETING OF COUNCIL - Town of Cambridge

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