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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013DV13.8LOT 59 (NO. 2) BRANKSOME GARDENS, CITY BEACH - SECOND STOREYADDITIONS AND ALTERATIONS TO EXISTING DWELLINGSUMMARY:The Town has received an application for additions to the existing dwelling at No. 2 BranksomeGardens, corner Jubilee Crescent, City Beach. The plans show a second storey addition overthe southern half of the existing dwelling to provide two additional bedrooms and associatedbathrooms and walk in robes.The application requires a Council determination as an assessment is required against the rearsetback and visual privacy setback performance criteria of the Residential Design Codes of WA(R Codes) and an objection has been received during the consultation period that cannot beresolved through a condition of planning approval.The proposal is considered to satisfy the relevant performance criteria for the followingreasons:-• the rear setback proposed allows adequate light and ventilation to the adjoining propertyto the south and do not contribute to building bulk.• the proposed upper storey window only overlooks those portions of the adjoining propertywhich are not outdoor living areas or active habitable spaces.Accordingly, the proposal is recommended for approval.BACKGROUND:Application: 516DA-2012Owner:Peter DawsonApplicant: Peter DawsonZoning: Residential R12.5Use class: Dwelling (single) ‘P’ – permittedLand area: 678 m²DETAILS:Development description• Existing dwelling with a curved roof over the upper storey.• Site slopes up approximately 2.0 metres from the front of the lot facing Jubilee Crescentto the rear/south western boundary• Extension of existing upper storey towards to the rear southern boundary to include twonew bedrooms which results in setback and visual privacy variations.Applicant's justificationThe applicant has provided written justification for the variations to the acceptable developmentprovisions relating to the setback and visual privacy variations and proposed materials ofconstruction.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 59
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013Neighbour submissionThe Town notified the owners of the two properties directly adjoining the boundaries of thesubject site, being Nos. 1 Jubilee Crescent and No. 4 Branksome Gardens as well asproperties opposite being Nos. 1, 3 and 5 Branksome Gardens. One submission was receivedfrom the owners of No. 4 Branksome Gardens objecting to the setback and visual privacyvariations.Performance criteria assessmentBuildings setback from the boundaryProposedAcceptable development provisionRear Setback 2.0 to 3.5 metres 6.0 metresPerformance criteria:Buildings setback from boundaries other than street boundaries so as to:• provide adequate direct sun and ventilation to the building;• ensure adequate direct sun and ventilation being available to adjoining properties;• provide adequate direct sun to the building and appurtenant open spaces;• assist with protection of access to direct sun for adjoining properties;• assist in ameliorating the impacts of building bulk on adjoining properties; and• assist in protecting privacy between adjoining properties.The applicant proposes an upper storey addition over the top of the ground floor which hasexisting rear setback of between 2.0 to 3.5 metres from the rear/southern boundary. Theportion of dwelling within the rear setback area is approximately 8.0 metres wide with the rearboundary being 29.95 metres long so that approximately one quarter of the boundary isaffected by building with a reduced setback. This assists in ameliorating the impact of buildingbulk and providing adequate direct sun and ventilation to the adjoining building and appurtenantopen spaces due to the large areas of open space to the western side of the dwelling.An overshadowing plan has been provided which demonstrates that approximately 16% of theadjoining property to the south and predominantly over the roof of the dwelling and not openspace areas.The proposed upper storey addition has a highlight window to the ensuite and a bedroomwindow facing the rear southern boundary and setback approximately 3.0 metres from theboundary. The proposed bedroom window would not reduce any level of privacy to theadjoining dwelling given that:-• the existing windows/low fence already overview the property and in the same location asthe future/upper window.• the adjoining house has limited windows on the north side• the side of the neighbour's property where the overlooking occurs is into an area which isa side and front setback only and not into a private outdoor area of that site.Overall in view of the above comments, it is considered that the proposed setback of thedevelopment from the rear/southern boundary is acceptable and complies with the performancecriteria for the following reasons:-H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 60
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MEETING OF COUNCIL - Town of Cambridge

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