MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013of the adjoining property which are already visible from the street so that privacy to these areasis not affected.Buildings on boundaryGround floor setbackPerformance criteria:Proposed• 0.8 metres from entrywall to southern sideboundaryLevel 2Acceptable development provision1.0 metreBuildings built up to boundaries other than the street boundary where it is desirable to do so in order 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 applicant proposes to create a new entry for the dwelling on the right hand side of thedwelling which will take advantage of the existing stairs up from garage level. The proposedentry wall has a setback of 0.8 metres in lieu of 1.0 metre from the southern side boundary.This proposed wall is 8.5 metres long and 3.2 metres in height. When viewed from theadjoining property to the south, approximately 1.4 metres at the front, to 750mm at the rear willbe visible above the height of the existing brick dividing wall. The window proposed within theentry wall will be below the level of the dividing fence and therefore does not affect privacy tothe adjoining property.It is noted that the proposed wall with a reduced setback will face the side of the adjoiningproperty to the south, which does not contain any major openings to habitable rooms or outdoorliving areas. The side setback of the adjoining dwelling is occupied by being taken up with arainwater tank and garden shed.Overall in view of the above comments, it is considered that the proposed setback of the entrywall from the southern side boundary is acceptable and satisfies the performance criteria forthe following reasons:-• makes effective use of space;• does not have any significant adverse effect on the amenity of the adjoining property; and• ensures that direct sun to major openings to habitable rooms and outdoor living areas ofadjoining properties is not restricted.Building heightProposedAcceptable development provisionOverall building height 8.3 metres 7.5 metresPerformance criteria:Building height consistent with the desired height of buildings in the locality, and to recognise the need toprotect the amenities of adjoining properties, including, where appropriate:• adequate direct sun to buildings and appurtenant open spaces;• adequate daylight to major openings to habitable rooms; and• access to views of significance.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 15
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013The principal floor level of the existing building has a level that matches the dwellings on eitherside. An excavated area towards the centre of the site provides for the existing undercroftgarage. Therefore, the wall heights as viewed from both side properties are within the 7.5metre height limit. However, the section of wall across the front of the dwelling has a wallheight of 8.3 metres when measured from the 'cut' or existing ground level of the undercroft.It is considered that the building height is consistent with the desired height of buildings in thelocality, many of which are two storey with undercroft garages. As the overheight section ofbuilding is across the front and in the centre of the site, there is no direct impact on adjoininglandowners in terms of access to adequate daylight and direct sun.For information, it is noted that the proposal complies with the restrictive covenant placed onthe title by the property to the rear, which limits the overall height of the building to an AHD of47.1 metres to protect the view corridor from the rear dwellings. This is not an assessmentwhich is required under the Town Planning Scheme.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:-• provides adequate access to direct sun and daylight to buildings; and• provides access to views of significance.Visual privacyBedroom 2 windowFront BalconyRear BalconyBedroom 1 windowPerformance criteria:Proposed• 2.4 metres to southernside boundary withincone of vision• 3.0 metres to southernside boundary withincone of vision• 3.0 metres to northernside boundary withincone of vision• 1.5 metres tonorthern side boundarywithin cone of visionAcceptable development provision• 4.5 metres• 7.5 metres• 7.5 metres• 4.5 metres• 4.5 metresDirect overlooking of active habitable spaces and outdoor living areas of other dwellings is minimised bybuilding layout, location and design of major openings and outdoor active habitable spaces, screeningdevices 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 minimal impact onresidents’ or neighbours’ amenity.Where opposite windows are offset from the edge of one window to the edge of another, the distance ofthe offset should be sufficient to limit views into adjacent windows.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 16
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MEETING OF COUNCIL - Town of Cambridge

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