MEETING OF COUNCIL - Town of Cambridge

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