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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013DV13.13LOT 303 (NO. 51) KINKUNA WAY, CITY BEACH - PROPOSED TWO STOREYDWELLINGSUMMARY:The Town has received an application for a two storey dwelling at No. 51 Kinkuna Way, CityBeach. The application requires a Council determination assessment under the performancecriteria relating to visual privacy.The proposal is considered to satisfy the relevant performance criteria for the followingreasons:-• potential overlooking of adjoining properties is either towards non-active habitable areasor is minimised though screening.Accordingly, the proposal is recommended for approval.PURPOSE:To consider an application for a two storey dwelling requiring assessment under theperformance criteria of the Residential Design Codes (R Codes) in respect to visual privacy.BACKGROUND:Application: 563DA-2012Owner:Cassandra LeamanApplicant: Riverstone ConstructionZoning: Residential R12.5Use class: Dwelling (single) ‘P’ – permittedLand area: 769 m²DETAILS:Development description• The proposed dwelling faces Kinkuna Way (east), with ground floor rear alfresco andverandah areas and an upper storey balcony and living area to the rear (west) of theproperty.• The natural topography of the subject site slopes downwards from front (east) to rear(west) by approximately 2.2 metres and from left (south) to right (north) by approximately1 metre.• The alfresco has a floor level 0.67 metres above the existing natural ground level,contains screening to 1.6 metres along the northern side and has a privacy setback of 5.8metres within the cone of vision to the side/northern boundary.• The verandah has a floor level 0.55 metres above existing levels, faces the rear of theproperty and contains a 5 metre privacy setback to the southern/side boundary and 6.75metre privacy setback to the western/rear boundary.• The upper storey balcony also contains screening to 1.6 metres along the northern sideand has a privacy setback of 5.2 metres within the cone of vision to the southern/sideboundary. The upper floor living space contains a major opening with a privacy setback of4.4 metres to the western/rear boundary.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 81
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013• It is noted that the proposed dwelling complies with acceptable development provisionsfor building height and primary street setback as well as overshadowing.Applicant's justificationThe applicant has provided written justification for the variations to the acceptable developmentprovisions relating to visual privacy. A copy of the applicant’s justification is available forviewing by Elected Members and a summary is available as an attachment to this report.Neighbour submissionThe Town notified the owners of the properties directly adjoining the northern/side,southern/side and western/rear boundaries of the subject site, being No. 53 and No. 49Kinkuna Way, City Beach and No. 7 Aruma Way, City Beach. The owners of each of the threeproperties provided submissions objecting to the visual privacy variations. A summary of thesesubmissions are attached to this agenda.Performance criteria assessmentVisual privacyRear ground floor alfrescoRear ground floor verandahUpper floor balconyUpper floor livingPerformance criteria:Proposed5.7 metres within the cone ofvision.5.0 metres within the cone ofvision5.2 metres within the cone ofvision4.4 metres within the cone ofvisionAcceptable developmentprovision7.5 metres6.0 metresDirect overlooking of active habitable spaces and outdoor living areas of other dwellings isminimised 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 avoidoverlooking is preferred 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, the distanceof the offset should be sufficient to limit views into adjacent windows.The ground floor rear alfresco and upper floor balcony both contain screening to 1.6 metresalong the northern side. The ground floor screening will assist in directing potential overlookingtowards the north/west corner of the property to the north which is currently screened by anexisting boundary fence and mature vegetation. In respect to visual privacy from the upper floorbalcony, it is noted that the dwelling on the adjoining property to the north contains an upperfloor balcony setback approximately 4.5 metres from the side boundary. The provision ofscreening will ensure, however, that there will be no direct overlooking of the balcony on theproperty to the north and vice versa.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 82
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MEETING OF COUNCIL - Town of Cambridge

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