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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013DV13.2LOT 341 (NO. 240) OCEANIC DRIVE, CITY BEACH -APPLICATION FORRETROSPECTIVE APPROVAL FOR TWO UPPER FLOOR BEDROOMWINDOWSSUMMARY:There is a three storey dwelling under construction at No. 240 Oceanic Drive, City Beach (thesubject site). In November 2012, the owners of the adjoining properties raised concerns withtwo large upper floor windows built in close proximity to the boundaries. Council officersundertook a site inspection and found these (bedroom) windows to be considerably larger thanthe highlight windows shown on the approved plans.The applicant was made aware of the issue and has subsequently submitted an application forretrospective planning approval for the two windows which is the subject of the following report.The application requires a Council determination as an assessment is required against thevisual privacy performance criteria of the Residential Design Codes of WA (R Codes) andobjections have been received during the consultation period.The proposal is not considered to satisfy the relevant performance criteria for the followingreason:-• the proposed obscure filmed windows are openable and will therefore allow overlookingof the active habitable spaces and outdoor living areas of the adjoining properties to thenorth and east.Accordingly, it is recommended that the windows be modified to comply with the R Codesacceptable development requirements.BACKGROUND:Application: 526DA-2012Owner:Mr C CardaciApplicant: Day Designs and AssociatesZoning: Residential R12.5Use class: Dwelling (single) ‘P’ – permittedLand area: 837 m²On 20 April 2010, town planning approval was granted approval for a two storey dwelling withundercroft at the subject site. The plans granted planning approval show:1. for the first floor bedroom 4, a highlight window (sill height of 1.6 metres) facing north;and2. for first floor bedroom 3 facing east, three small square windows (total area ofapproximately 0.91 sqm and sill height of 2.0 metres).The windows were small or highlight as they are located on the first floor and closer than theminimum acceptable development requirement of 4.5 metres from a neighbouring propertyboundary.On 23 August 2011, the Town issued a building licence for the development.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 21
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013On 19 December 2011, the Town received an application for amended plans, with the applicantdescribing the amendment as an “extension of brickwork to upper deck” on the applicationform. The letter of justification attached to the amended plans application also discussed aproposed new shed that was shown on the plans in the north/east boundary corner. The deckwas refused and the shed approved by Council at its meeting held on 28 August 2012. Theamended plans also showed the large windows to the bedrooms that have been constructedand are the subject of this report. Planning approval was, however, issued only for the shedand the remainder of the plans were stamped ‘refused’. The decision to refuse the deck iscurrently under review by the State Administrative Tribunal.DETAILS:Development descriptionTwo upper floor bedroom windows:-1. Bedroom 3 facing east (towards No. 238 Oceanic Drive): total of 2.8 metres wide, 1.46metres high, with a sill height of 0.95 metres; comprising two awning windows either sideof a fixed pane.2. Bedroom 4 facing north (towards No. 4 Tumut Road): total of 2.8 metres wide, 1.46metres high, with a sill height of 0.95 metres; comprising two awning windows either sideof a fixed pane.Both windows are currently of clear glass, however the plans show translucent filming on bothwindows to a height of 1.6 metres above the floor level of the bedrooms.Applicant's justificationThe applicant has provided written justification for the proposed translucent film overreconfiguring the windows to what is shown on the building licence. In summary, the reasoningis to improve solar accessibility, with no ill intentions to impact or harm adjoining neighbours’liberty to privacy. A summary of the applicant’s justification is attached to this agenda.Neighbour submissionThe Town notified the owners of the property adjoining the north (rear) boundary of the subjectsite, being No. 4 Tumut Road, and the owner of the property adjoining the east (side) boundaryof the subject site, being No. 238 Oceanic Drive. Submissions were received from bothproperties objecting to the windows as the windows overlook indoor and outdoor private livingareas (including a swimming pool). A summary of the submissions are attached to this agenda.Performance criteria assessmentVisual privacyBed 3 window (facing east)Bedroom 4 window (facingnorth)Performance criteria:ProposedMin 3.55 metres fromeast side boundaryMin 3.25 metres fromnorth (rear) boundaryAcceptable development provisionMin 4.5 metresMin 4.5 metresDirect overlooking of active habitable spaces and outdoor living areas of other dwellings isH:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 22
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MEETING OF COUNCIL - Town of Cambridge

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