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Minutes of the ordinary Council meeting - 25 September 2012

Minutes of the ordinary Council meeting - 25 September 2012

Minutes of the ordinary Council meeting - 25 September 2012

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Protection <strong>of</strong> Views<br />

DCP22 does not provide for protection <strong>of</strong> views however <strong>the</strong> principles to be applied<br />

to applications to determine <strong>the</strong> impact <strong>of</strong> <strong>the</strong> development on <strong>the</strong> views enjoyed<br />

by adjoining properties have been considered.<br />

The original application has a 5m set back from Grandview Parade which completely<br />

blocked <strong>the</strong> views from 3 Grandview Parade. However, <strong>the</strong> applicant has agreed to<br />

move <strong>the</strong> dwelling a fur<strong>the</strong>r 2m, a total <strong>of</strong> 7m fur<strong>the</strong>r to <strong>the</strong> rear <strong>of</strong> <strong>the</strong> site to allow<br />

adequate view sharing from No. 3 (Appendix J - Page SE206).<br />

Step 1<br />

Where views will be affected:<br />

“Water views are more valuable than land views.”<br />

Comment<br />

The views are water views. Views are maintained with a 7m setback.<br />

Step 2<br />

Where are views obtained from?<br />

“Views across side boundaries cannot be protected by unreasonable requirements.”<br />

“Views from sitting positions cannot be protected by unreasonable requirements.”<br />

Comment<br />

The view from <strong>the</strong> adjoining dwelling is across <strong>the</strong> side boundary.<br />

Step 3<br />

Where is <strong>the</strong> impact?<br />

“Views from living areas and kitchens are more important than from bedrooms and<br />

service areas.”<br />

The losses <strong>of</strong> view sharing are from <strong>the</strong> living and kitchen areas<br />

“Assess view loss in qualitative terms-<br />

Minor<br />

Comment<br />

The views from <strong>the</strong> adjoining dwellings balcony and living room door at standing<br />

height is shown at (Appendix G - Page SE203).<br />

Step 4<br />

Is <strong>the</strong> proposal reasonable?<br />

The proposal complies with o<strong>the</strong>r controls in <strong>the</strong> DCP22.<br />

“If it does comply would a more clever design provide <strong>the</strong> same development<br />

potential and amenity and reduce <strong>the</strong> impact on views? If not, impact probably<br />

considered as capable and view sharing reasonable”.<br />

Kempsey Shire <strong>Council</strong> FULL TEXT <strong>Minutes</strong> Ordinary Meeting <strong>25</strong> <strong>September</strong> <strong>2012</strong> Page 45

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