MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013applicant has submitted amended plans re-locating the garage and studio to the northernboundary in lieu of the southern boundary.• The amended plans show a 7.29 metre long boundary wall on the northern boundary witha height of 6.0 metres to the bottom of the gable end roof above.Applicant's justificationThe applicant has provided written justification for the variations to the acceptable developmentprovisions relating to buildings on the boundary. A copy of the applicant’s justification isavailable for viewing by Elected Members.Neighbour submissionThe applicant notified the owner of the property directly adjoining the northern boundary of thesubject site, being No. 31 Daglish Street. A submission was received objecting to the buildingson the boundary and visual privacy variations.Performance criteria assessmentBuildings on the boundaryGarage and studio setbackfrom the right/northernboundaryPerformance criteria:ProposedNil setback with aboundary wallAcceptable development provision1.2 metre setbackBuildings built up to boundaries other than the street boundary where it is desirable to do so inorder 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 adjoiningproperties is not restricted.The proposed boundary wall will be built up to an existing garage and shed at the rear of theadjoining lot and the first floor studio and roof will project above these structures. Thissignificantly reduces the bulk of the proposed garage and studio and reduces the impact of theparapet wall on the neighbours' amenity. With the garage and shed on the southern side of theneighbours' lot, the major outdoor living area has been situated on the north side of the lot wellaway from the parapet wall. As a result, the parapet wall will have minimal impact on outdoorliving areas and habitable rooms on the adjacent lot to the north in terms of building bulk.The proposed parapet wall is built up to the northern boundary and so will not have any impacton access to direct sun for the adjoining neighbour to the north. In any case, given the existinggarage and shed built up to the common boundary on the neighbours' lot, access to direct sunis not integral as the area is non-habitable and inactive.Given the constraints placed on the applicant in terms of sewer access, the proposedamendment in re-locating the garage and studio to the northern boundary has been done with aview to maintaining satisfaction of the Town's building height requirements and withconsideration for the amenity of the adjoining neighbour to the north. The proposal will haveH:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 101
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013minimal additional impact on the northern neighbour from the approved plans with the amendedplans presenting a similar design with re-location of the garage and studio 2.0 metres closer tothe neighbour and adjacent their existing garage and shed.Overall in view of the above comments, it is considered that the proposed setback of thegarage and studio from the right/northern boundary is acceptable and satisfies the performancecriteria for the following reasons:-• the development will not have a significant adverse effect on the amenity of the adjoiningproperty; and• the development ensures that direct sun to major openings to outdoor living areas andhabitable rooms of adjoining properties is not restricted.POLICY/STATUTORY IMPLICATIONS:There are no policy or statutory implications related to this report. The proposal was assessedagainst the provisions of the Residential Design Codes (R Codes), Town Planning SchemeNo.1, and the Town Planning Scheme Policy Manual.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 thepriority area 'Planning for our Community'.COMMUNITY CONSULTATION:This matter has been assessed under the Community Consultation Policy. The requirementsfor consultation have been satisfied under the statutory provisions of the Town PlanningScheme.ATTACHMENTS:Nil.COUNCIL DECISION:(COMMITTEE AND ADMINISTRATION RECOMMENDATION)Moved by Cr MacRae, seconded by Cr BradleyThat, in accordance with Part 4 of the Town of Cambridge Town Planning Scheme No. 1,Council APPROVES the application for a two storey dwelling submitted by RobertoSantella Design at Lot 383 (No.29) Daglish Street, Wembley, as shown on the plans dated30 January 2013, subject to the following conditions:-(i)(ii)the surface finish of boundary walls facing the adjoining property to the north to berendered, painted or face brickwork to the satisfaction of the Town;the carport to remain open on all sides. No solid door is to be installed.Carried 9/0H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 102
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MEETING OF COUNCIL - Town of Cambridge

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