MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013DV13.19LOT 1734 (NO. 98) PANGBOURNE STREET, WEMBLEY - SECOND STOREYADDITION TO EXISTING DWELLINGSUMMARY:The Town has received an amended plan for a second storey addition to the existing dwellingat No. 98 Pangbourne Street, Wembley. The plans shows removal of obscure glass to anupper storey bedroom window which was a condition of planning approval for the originalapplication in order for the visual privacy provision to be met and the application approvedunder delegated authority.The application requires a Council determination as an assessment is required against thevisual privacy setback performance criteria of the Residential Design Codes of WA (R Codes)and an objection has been received during the consultation period that cannot be resolvedthrough a condition of planning approval.The proposal is considered to satisfy the relevant performance criteria for the followingreasons:-• does not involve direct overlooking or active habitable spaces or outdoor living areas ofother dwellings.Accordingly, the proposal is recommended for approval.BACKGROUND:Application: 469DA-2012Owner:N & A McAuliffeApplicant: Nexus Home ImprovementsZoning:Residential R20Use class: Dwelling (single) ‘P’ – permittedLand area: 733 m²This application was originally submitted in October 2012 with plans showing a clear window tothe upper storey Bedroom 4 window. To address the concerns raised by the owners ofneighbouring properties, amended plans were submitted in December 2012 which placedobscure glass in the Bedroom 4 window so that the application could be dealt with underdelegated authority. The applicant has subsequently submitted amended plans as per theoriginal design with clear glass and requested the matter be referred to Council fordetermination.DETAILS:Development description• Existing brick and colorbond single storey dwelling.• Site slopes down from right (south) to left (north).• Proposed upper storey addition consisting of two bedrooms and a retreat.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 103
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013Applicant's justificationThe applicant has provided written justification for the variations to the acceptable developmentprovisions relating to the setback and visual privacy variations and proposed materials ofconstruction.Neighbour submissionThe Town notified the owner of the adjoining property directly adjoining the southern boundaryof the subject site, being Nos. 96 Pangbourne Street. A submission was received from theowners objecting to the visual privacy variation.Performance criteria assessmentVisual privacyProposedAcceptable development provisionBedroom 4 Window 2.9 metres 4.5 metres to south side boundarywithin cone of visionPerformance criteria:Direct overlooking of active habitable spaces and outdoor living areas of other dwellings isminimised by building layout, location and design of major openings and outdoor activehabitable spaces, screening devices and landscape, or remoteness.Effective location of major openings and outdoor active habitable spaces to avoid overlooking ispreferred to the use of screening devices or obscured glass.Where these are used, they should be integrated with the building design and have minimalimpact on residents’ or neighbours’ amenity.Where opposite windows are offset from the edge of one window to the edge of another, thedistance of the offset should be sufficient to limit views into adjacent windows.• Bedroom 4 window faces the street and is setback 2.9 metres in lieu of 4.5 metres from thesouthern side boundary within the cone of vision.• The adjoining house to the south is further setback than the house on the subject site, has anopen front garden and a driveway on the northern side of its frontage.• Although the cone of vision does fall behind the front setback line of 6.0 metres, it does stillfall within the front garden/driveway area of the adjoining house and does not overlook anactive habitable space or outdoor living area.Overall in view of the above comments, it is considered that the proposed height of thedevelopment is acceptable and complies with the performance criteria for the followingreasons:-• Does not involve direct overlooking or active habitable spaces or outdoor living areas ofother dwellings.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 104
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MEETING OF COUNCIL - Town of Cambridge

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