MEETING OF COUNCIL - Town of Cambridge

COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013Overall in view of the above comments, it is considered that the proposed height of thedevelopment is acceptable and satisfies the performance criteria with the performance criteriafor the following reasons:-• provides adequate access to direct sun and daylight to buildings; and• does not significantly impact upon access to views of significance.Visual privacyProposedAcceptable development provisionFront balcony 6.6 metres 7.5 metres within the cone ofvisionPerformance criteria:Direct 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 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.The applicant has screened the western side of the balcony and continued the screeningaround the front of the balcony for a length of 1.0 metre. The visual privacy distance within thecone of vision from this point of the balcony is 6.6 metres to the western side boundary andfalls behind the front setback line of the adjoining property. This property has swimming poolwith a wall within the primary street setback but oriented towards the corner of the site andapproximately 9.0 metres from the common boundary behind a solid wall. The area that islikely to be overlooked by the proposed balcony is the driveway to the property. It is notconsidered that the balcony will allow direct overlooking of an active habitable space or outdoorliving area for the adjoining property.Overall in view of the above comments, it is considered that the proposed visual privacyvariation is acceptable and satisfies with the performance criteria for the following reasons:-• does not allow direct overlooking of active habitable spaces and outdoor living areas ofother dwellings due to effective screening.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.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 91