MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013minimised 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.To meet the R Codes acceptable development requirements, the windows are to be either setback from a neighbouring property at least 4.5 metres, or designed to not be a 'major opening'in accordance with the R Codes definitions. A minor opening is defined as an opening oropenings that:-• in aggregate do not exceed 1 sq metre in any such wall; or• are glazed in an obscure material and are not able to be opened; or• have a sill height not less than 1.6 metres above floor level.Whilst the windows will have translucent filming to a height of 1.6 metres, the awning windowswill still be openable, and are therefore major openings.Council officers have inspected the windows with the awnings open to their widest point (30centimetres) to ascertain what views could still be available once the windows are covered withtranslucent filming.• Bedroom 3 window (facing east)Through the opened awnings, there are limited views towards Oceanic Drive from theright side awning and limited views to neighbouring private living areas and windows fromthe left side awning. It should be noted that this overlooking would generally not be aconstant and is ascertained only at certain angles standing or sitting relatively close to thewindows.• Bedroom 4 window (facing north)Through the opened awning windows, there are limited views to the north neighbour’sbackyard from the right side awning. Part of the swimming pool and backyard is visible.The remainder of the swimming pool and backyard is screened by the high dividing wall.From the left side awning, there is a view to the side of the northern neighbour’s dwelling(including a door and some minor windows). As with the bedroom 3 window, thisoverlooking would generally not be a constant and is ascertained only at certain anglesstanding or sitting relatively close to the windows.Installing translucent film to a sill height of 1.6 metres would substantially improve the currentsituation of complete and direct overlooking into the active habitable spaces and outdoor livingareas (including a pool) of the adjoining properties. The awnings will still, however, enableviews to sensitive areas of the neighbouring properties once opened, in particular the right sideawning of the north facing bedroom 4 window. For this reason, it is considered thatmodifications other than simply installing translucent film should be undertaken. It isrecommended that the windows be modified so that they are not major openings and thereforecomply with the R Codes acceptable development requirements.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 23
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013Whilst the owners of the adjoining properties would prefer the windows to be modified to smallhighlight windows as per the original approved plans, there are other ways to comply with the RCodes acceptable development requirements (see above dot points). The applicant hasadvised that the reasoning for the larger windows was to improve solar accessibility. This couldstill be achieved (along with compliance with the R Codes acceptable developmentrequirements) by replacing the existing panes with a fixed obscure (translucent) pane to a sillheight of 1.6 metres and an openable and clear window above.Overall in view of the above comments, it is considered that the windows (proposed withtranslucent filming) are not acceptable and do not comply with the performance criteria for thefollowing reasons:-• 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.It is therefore recommended that the windows be modified so that they are not major openingsand comply with the R Codes acceptable development requirements. A condition is included inthis regard.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.ATTACHMENTS:Summary of applicant’s justification and neighbour comment.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 24
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MEETING OF COUNCIL - Town of Cambridge

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