MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013ResponseThe application was assessed on the basis of the submitted plans. These accurately reflect thedwelling as it exists. As positioned, the stair does not require specific assessment against the RCode provisions.The stairs connect an undercroft garage level to the living area above, which is essentially atnatural ground level as the site rises steeply from the road. In relation to the landing at the topof the stairs, this is roughly level with the ground floor of the adjoining property. As such, issuesof privacy and amenity, as dealt with by the R Codes do not apply. At this level, privacy couldbe improved by increasing the height of the dividing fence, which is a matter between theneighbours.Question 2How does the Town of Cambridge intend to handle the unapproved development on 8 ChidleyRoad, City Beach?ResponseThis matter can be resolved through determination of the current application (noting that theapplicant is seeking deferral to allow him time to amend his plans).In the event that the application is ultimately refused, it may be open to the owner to make afresh application for retrospective approval, just for the stairs.Question 3Will the Town of Cambridge grant retrospective approval to the existing unapproveddevelopment even though removal is the only option to make it compliant with R Codes?ResponseIt is not correct to say that removal of the stairs is required to make the development compliantwith the R Codes. (Even if this was true, Council has the discretion and is bound to considerdevelopment under performance provisions of the Codes).Question 4Is the Town of Cambridge prepared to approve additional development that builds uponexisting unapproved development in City Beach?ResponseThis remains to be decided by Council.The adjoining landowners, as well as an architect representing them, have attended theCouncil offices and viewed the amended plans. They have provided the following additionalcomments:CommentIn relation to the original plan submitted and Administration report, the only matter requiringassessment now is the increased wall length. The additional 650mm in length proposed doesnot substantially alter the performance criteria assessment in relation to bulk and therefore, therevised plans can be supported.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 19
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013However, in exercising discretion to approve the plans, it is not considered unreasonable forthe applicant to at least address the neighbours' concerns in relation to the stairs adjoining theirproperty, noting that these have been altered without an approval.Accordingly, it is recommended that a condition be placed on the approval requiring theapplicant to provide additional fencing along the southern side boundary adjacent to the entryportico to a height consistent with the wall already along the boundary to the south. Theadjoining owners have suggested that this would be agreeable to them subject to the fenceretaining their views from the adjacent bedroom verandah, preferably in a style similar to thefencing along their front boundary line.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 second storey addition and alterations to theexisting dwelling as submitted by T Jackson at Lot 1 (No. 8) Chidley Road, City Beach,as shown on the plans dated 20 December 2012 subject to the following conditions:-(i)the wall along the southern side boundary adjacent to the front portico and stairsbeing increased in height. In meeting this condition, the applicant is to consultwith the neighbours to come up with a mutually acceptable solution, to thesatisfaction of the Town.Carried 9/0H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 20
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MEETING OF COUNCIL - Town of Cambridge

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