MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013As previously discussed, the front Bedroom 2 window overlooks the open front garden andterrace of the adjoining property to the south, areas which are already visible from the street.The location of the window does not allow for direct viewing into active habitable spaces oroutdoor living areas. Due to the large size of the window on the southern elevation, however,there is some potential to look back at any angle towards the dwelling on the adjoiningproperty, and therefore the Council could recommend that the second panel of window beremoved to increase the cone of vision out towards the street and away from the adjoiningproperty.With regard to the upper storey balconies, the front balcony at 'ground' level is existing. Theproposed upper floor balcony will sit directly above it and overlook the same areas as theexisting balcony being the open front garden and terrace of the adjoining property to the south,the street and views across to the ocean.The proposed balcony to the rear on the proposed upper floor is set back 3.0 metres from theadjoining property to the north. The floor plan shows the northern side and return of thebalcony being a solid wall to a height of 1.0 metre with the remainder of the balcony facing eastbeing a glass balustrade to a height of 1.0 metre. The proposed balcony overlooks the side ofthe garage on the adjoining property to the north which has a nil setback to the boundary aswell as an extensive back garden area which is heavily vegetated. It is noted that the activehabitable spaces of the adjoining dwelling such as patio and swimming pool areas are locatedtowards the front of the dwelling adjacent to Empire Avenue. It is recommended, however, thatthe section of balcony shown as having a solid balustrade on the floor plan should have aheight of 1.6 metres to provide better privacy to the adjoining property given the close proximityof the balcony to the boundary.Overall in view of the above comments, it is considered that the proposed visual privacy of thedevelopment is acceptable and complies with the performance criteria for the followingreasons:-• Direct overlooking of adjoining property's active habitable spaces and outdoor living areasis minimised.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.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 17
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013ATTACHMENTS:1. Applicant's justification and neighbour's comments.ADMINISTRATION RECOMMENDATION:That, in accordance with Part 4 of the Town of Cambridge Town Planning Scheme No. 1,Council APPROVES the application for a second storey addition and alterations to the existingdwelling as submitted by T Jackson at Lot 1 (No. 8) Chidley Road, City Beach, as shown on theplans dated 23 October 2012 subject to the following conditions:-(i)(ii)the easternmost panel of window to Bedroom 2 on the south elevation of the dwellingbeing deleted or provided with opaque glass; andthe section of the rear balcony to level which is shown as having a solid balustrade shallbe provided with a screen wall height of 1.6 metres from floor level as marked in red onthe approved plan.Committee Meeting 11 December 2012During discussion, Members were advised that the applicant is to submit amended plans andhas requested that the item be deferred.COUNCIL DECISION:(COMMITTEE RECOMMENDATION)That the item relating to Lot 1 (No.8) Chidley Road, City Beach be deferred to enable amendedplans to be submitted.FURTHER REPORT (Post Council Meeting 18 December 2012)The applicant submitted amended plans on 20 December 2012 responding to conditions ofapproval recommended by the Administration being:-• The south elevation east most panel to Bedroom 2 window being deleted; and• The rear balcony being provided with a brick screen wall 1.6 metres in height.In addition, the applicant increased the upper storey wall length by approximately 650mm whichincreases the setback requirement for this wall from 3.3 metres to 3.5 metres. If the cornerbedroom window was deleted, the setback requirement would be 1.6 metres and therefore theproposal would meet acceptable development provisions.Neighbour's SubmissionAt the Council meeting on 18 December 2012, the adjoining landowners raised various issuesprincipally in relation to the stairs up to the southern side of the dwelling where the newentrance is proposed.Question 1How did the planning department recommend for approval, proposed plans that were based onan existing unapproved development?H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 18
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MEETING OF COUNCIL - Town of Cambridge

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