MEETING OF COUNCIL - Town of Cambridge

COUNCIL MINUTES
TUESDAY 27 NOVEMBER 2012
Visual privacy
Rear alfresco/balcony
Performance criteria:
Proposed
5.9 metres to northern
side boundary
Acceptable development
provision
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 applicant has made a number of amendments to the plan to satisfy the visual privacy
requirements for the upper storey windows.
The only major opening that now does not meet acceptable development criteria is the rear
balcony which is set back 5.9 metres in lieu of 7.5 metres from the northern side boundary.
As the adjoining property to the north is currently vacant, it is unclear whether the reduced
setback will result in direct overlooking of active habitable spaces and outdoor living areas of
the adjoining property. Due to the location of the upper storey alfresco at the rear of the
dwelling, however, it is likely that it would result in overlooking to these types of spaces in
the future development of the adjoining property.
It is therefore recommended a condition of planning approval should require the provision of
screening along the northern side of the upper storey alfresco/balcony. Should the design of
the adjoining dwelling result in no direct overlooking occurring, the requirement for screening
to the side of the balcony could be reviewed if requested by the applicant.
In addition, the amended plans do not show obscure screening to the west facing office
window and the west facing gymnasium window which have the potential to overlook
habitable spaces and it is therefore recommended that a condition be placed on the approval
requiring that these windows be modified to comply with acceptable development criteria.
Overall in view of the above comments, it is considered that the proposed visual privacy
variation is not acceptable and does not comply with the performance criteria for the
following reasons therefore a condition requiring screening is required.
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.
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