MEETING OF COUNCIL - Town of Cambridge

COUNCIL MINUTES
TUESDAY 27 NOVEMBER 2012
The applicant has kept the two storey element to as low a wall height level as possible to
minimise the impact on adjoining properties in terms of access to adequate light and
ventilation (adjoining properties to the east of the subject site are on higher ground). In
addition, there are no major openings at the upper level which have impact on adjoining
properties in terms of loss of privacy.
The adjoining property to the south has also been constructed facing a corner and has a rear
setback of 2.0 metres in lieu of 6.0 metres. Apart from the balcony facing Windarra Drive,
there are no major openings facing the rear common boundary. Therefore the rear setback
variation to the proposed dwelling will not have any significant effect on access to direct sun
or privacy for the adjoining property.
The main area of contention is whether the two storey building has any impact on adjoining
properties in terms of building bulk. It is noted that the dwelling complies with setbacks if the
rear boundary was treated as a side boundary and that an average rear setback of 6.0
metres is maintained with the rest of the dwelling being well set back from the rear boundary.
The amount of building encroaching into the rear setback is approximately ten square
metres being four metres wide along a side boundary of 38.82 metres. The applicant has
kept the two storey section of wall within the rear setback as a flat roof which also reduces
the impact of building bulk on adjoining neighbours. The outdoor shower has a wall height of
2.2 metres from the upper floor level and the ensuite has a wall height of 3.3 metres.
The other area of contention for neighbours is whether the location of the two storey building
towards the rear boundary has any impact on access to views of significance. As stated by
the applicant, the design has been set further back on the lot to allow views down Adina
Road and across the primary street setback area to be maintained. It is noted, however, that
this is not one of the relevant performance criteria for considering setback variations.
Overall, it is considered that the setback of the dwelling from the rear boundary meets the
performance criteria, for the following reason:-
• provides adequate direct sun and ventilation to the dwelling and surrounding
properties;
• assists in ameliorating building bulk to adjoining properties;
• assists in protecting privacy between adjoining properties.
Retaining and Filling of Land
Retaining in front setback
Proposed
Ranges from 0.5 metres
to 1.09 metres
Acceptable development
provision
0.5 metres maximum
Performance Criteria:
Development that retains the visual impression of the natural level of a site, as seen from the
street or other public place, or from an adjoining property.
A retaining wall is proposed within the front setback area facing Adina Road. As the site
slopes down towards Windarra Drive, the retaining wall increases in height to a maximum of
1.09 metres before recessing further back into the front setback. The wall provides a
feature within the setback area and reduces the impact of the retaining walls and brick build
up around the building at the setback line. The wall gives a stepped appearance to the
building from the street and site and retains the visual impression of the natural slope on the
site as viewed from the street.
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