MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013DV13.7LOT 342 (NO. 65) OBAN ROAD, CITY BEACH - TWO STOREY DWELLINGWITH UNDERCROFT GARAGE/STORESUMMARY:The Town has received an application for a two storey dwelling with undercroft garage/store atNo. 65 Oban Road, City Beach. The plans show undercroft garage and storage areas withaccess from Oban Road, living areas at ground level with an alfresco and meals area within therear setback and an upper storey consisting of bedrooms, studies and front and rear balconies.The application requires a Council determination as an assessment is required against the sideand rear setbacks, wall height and visual privacy performance criteria of the Residential DesignCodes of WA (R Codes) and an objection has been received during the consultation period thatcannot be resolved through a condition of planning approval.The proposal is considered to satisfy the relevant performance criteria for the followingreasons:-• the portion of building within the rear setback and the articulated walls assist inameliorating building bulk.• allows for adequate direct sun and daylight to adjoining properties and does not impacton access to views of significance.It is noted that the wall height variation is to the raised portico above the front door and that themajority of the house is within height limits.Accordingly, the proposal is recommended for approval.BACKGROUND:Application: 480DA-2012Owner:S and P KaushikApplicant: Milankov Designs and Project Management Pty LtdZoning: Residential R12.5Use class: Dwelling (single) ‘P’ – permittedLand area: 1014 m²This application was originally submitted in October 2012 with plans showing the dwelling withvariations to fencing and landscaping requirements in the primary street setback. To addresssome of the concerns raised by the Town’s Administration, amended plans were submitted inDecember 2012. It is the latter set of plans that are the subject of the following report.DETAILS:Development description• Existing house faces Oban Road and is two storey with a single storey sectionencroaching into the rear setback.• The site rises gently from the front north-west corner to the rear south-eastern cornerapproximately 1.0 metre.• The proposed dwelling has an undercroft garage access from Oban Road with thedriveway and crossover at a similar location to the existing dwelling. The dwelling has anH:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 53
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013alfresco area proposed along the Chipping Road frontage which encroaches into the rearsetback area. A raised portico over the entry to the dwelling, which acts as anarchitectural feature, results in a wall height variation.Applicant's justificationThe applicant has provided written justification for the variations to the acceptable developmentprovisions relating to the setback, wall height and privacy variations.Neighbour submissionThe Town notified the owners of the two properties directly adjoining the boundaries of thesubject site, being No. 63 Oban Road and No.14 Belford Road. One submission was receivedfrom the owners of No. 63 Oban Road objecting to the proposed variations. One submissionwas received from a neighbour on the opposite side of Oban Road at No. 64 Oban Road,concerned that they were not advised of the proposal and objecting to the dwelling on the basisthat it would be out of character for the neighbourhood and overlook their property.Performance criteria assessmentBuildings on boundaryProposedAcceptable development provisionRear Setback (south) Nil 6.0 metresPerformance criteria:Buildings built up to boundaries other than the street boundary where it is desirable to do so inorder 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 ofadjoining properties is not restricted.With regard to the rear setback variation, the bulk of the dwelling is set back between 4.5metres and 7.0 metres from the rear boundary. An upper storey balcony and stairwell isproposed above the alfresco with a setback of 1.0 metre from the rear boundary and a groundfloor alfresco is proposed with a nil setback to the southern/rear boundary. There are no majoropenings at the upper level which have impact on adjoining properties in terms of loss ofprivacy directly facing the side boundary.It is noted that the existing dwelling has similar setbacks with an enclosed addition with acolorbond roof having being built almost to the rear boundary in a similar location to theproposed alfresco area.Whilst the setback of nil in lieu of 6.0 metres seems a large variation to the acceptableprovisions, it is considered that the variation can be supported when considering:-• the portion of dwelling intruding into the rear setback is 7.5 metres long over a boundaryof 32 metres (ie approximately 23% of the length) with the rest of the building beingbehind the 6.0 metre setback.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 54
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MEETING OF COUNCIL - Town of Cambridge

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