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COUNCIL MINUTESTUESDAY 26 JUNE 2012Notwithstanding that a compliant development may have a more detrimental impact on theamenity of the adjoining property, assessing this particular plan, it is difficult to argue that thegarage walls do not have any adverse effect on the amenity of the adjoining properties. A 1.0metre setback for Site 1's garage would increase No. 5 Lake Monger Drive's view corridor. A1.0 metre setback for Site 2's garage would reduce the bulk impact of the development on No.9 Lake Monger Drive. However, the applicant has shown that the greater front setback of thegarage adjacent to the east side boundary improves the view corridor compared with acompliant development with a 1.0 metre setback, and the owner of the adjoining property to thewest has not given any reason for now objecting to the boundary wall on the west sideboundary.Overall in view of the above comments, it is considered that the proposed garage walls on theeast and west side boundaries satisfy the performance criteria for the following reasons:-• the increased front setback of the garages reduces the negative impacts of the boundarywalls on the amenity of the adjoining properties and the streetscape.Building heightWall heightPerformance criteria:ProposedSite 1: max 7.9 metresSite 2: max 8.0 metresAcceptable development provisionMax 6.0 metresBuilding height consistent with the desired height of buildings in the locality, and to recognisethe need to protect the amenities of adjoining properties, including, where appropriate:• adequate direct sun to buildings and appurtenant open spaces;• adequate daylight to major openings to habitable rooms; and• access to views of significance.The plans show for each dwelling a large loft area containing a guest bedroom, bathroom andutility room. Each dwelling has two large dormer windows facing the side boundary and adormer window facing the street.In discussions with the applicant, it appears that the design was based on the previous BuildingHeight policy, which exempted dormers of any size in the building height calculation.Furthermore, there is a development at No. 3 Lake Monger Drive which was built relativelyrecently comprising three, three storey dwellings.In response to concerns raised about a number of large, three storey recent developments, theBuilding Height Policy was amended in May 2009 to adopt the more stringent R Codesacceptable development provisions for overall height. The Building Height Policy wasamended again in May 2011 to include size restrictions for dormers.The intent of revising the Building Height Policy to a lower maximum overall height restrictionand to a size restriction on dormers is to effectively limit development to two storeys and allowroof space for general storage only rather than an extensive e floor with a habitable room orrooms as is proposed here.H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\JUNE 2012\B DV.DOCX 21
COUNCIL MINUTESTUESDAY 26 JUNE 2012As the proposed dormers are larger than what the policy allows, the dormers are included inthe wall height calculation, therefore resulting in a development that does not comply with thewall height acceptable development requirements.It is acknowledged that obtaining views is a significant issue affecting development, and in thisarea, particularly around Lake Monger. Dispensing with the height requirements (performancecriteria) to allow the applicant to get better views of Lake Monger and more floor space is notconsidered appropriate. The performance criteria are intended to facilitate alternative designsolutions which result in comparable or better outcomes than what the acceptable developmentprovisions provide. In this particular case, the proposed third storey is not likely to providesimilar or better outcomes for the streetscape and the neighbouring properties than theacceptable development provisions. It is considered the proposed third storey does not satisfythe above performance criteria and is therefore not supported.Overall in view of the above comments, it is considered that the proposed height of thedevelopment is not acceptable and does not satisfy the performance criteria for the followingreasons:-• the increased height and bulk of the dwellings will result in negative impacts on thestreetscape and the amenity of the neighbouring properties.Landscaping in the primary street/front setback areaProposedLandscaping Site 1: 53%Site 2: 59%Acceptable development provisionMin 60%Performance criteria:• The street setback area developed and planted to present a substantially “green”appearance, allowing views to the dwellings; and• Development which minimises impact on the natural topography of the locality andconserves significant landscape elements, including indigenous trees.The driveways are tapered from double to single, to maximise the landscaping areas in thefront setback. In addition the setback of the garages is greater than the minimum (6 and 8metres in lieu of the 4.0 metre minimum requirement), and so additional landscaping areas areproposed behind the front setback line. Together, the result is that the development willpresent a substantially "green" appearance. There are no street trees that require removal forthis development.Overall in view of the above comments, it is considered that the proposed landscaping in thefront setback area is acceptable and satisfy the performance criteria for the following reason:-• the landscaping proposed will present a substantially green appearance to the street,allowing views to the dwellings.H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\JUNE 2012\B DV.DOCX 22
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Council Minutes - Town of Cambridge

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