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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 28 FEBRUARY 2012<br />

Performance criteria assessment<br />

Buildings on boundary<br />

Side setback<br />

Performance criteria:<br />

Proposed<br />

1.0 metre from the garage to<br />

the right (south) side<br />

boundary<br />

Acceptable development provision<br />

Nil<br />

Buildings built up to boundaries other than the street boundary where it is desirable to do so in order<br />

to:<br />

make effective use <strong>of</strong> space; or<br />

enhance privacy; or<br />

otherwise enhance the amenity <strong>of</strong> the development;<br />

not have any significant adverse effect on the amenity <strong>of</strong> the adjoining property; and<br />

ensure that direct sun to major openings to habitable rooms and outdoor living areas <strong>of</strong> adjoining<br />

properties is not restricted.<br />

The proposed boundary wall to the garage is 6.090 metres in length and 2.6 metres in height<br />

and is located a compliant 8.5 metres from the street. It is not considered to have an undue<br />

impact on the amenity <strong>of</strong> the adjoining landowner to the south as the subject wall is<br />

proposed to be located adjacent to a pathway and blank wall to the garage <strong>of</strong> the<br />

neighbouring property at No. 28 Pindari Road. There will be no adverse impact from the<br />

boundary wall to the adjoining dwelling in terms <strong>of</strong> access <strong>of</strong> direct sun to major openings to<br />

habitable rooms and outdoor living areas as it is adjoining a 'dead' space <strong>of</strong> the adjoining<br />

property to the south. In addition approximately 65% <strong>of</strong> the proposed boundary wall abuts a<br />

high limestone dividing wall <strong>of</strong> approximately 2.7 metres in height located on the boundary<br />

on the side <strong>of</strong> the adjoining property. The high dividing wall would conceal a substantial<br />

portion <strong>of</strong> the proposed boundary wall to the garage, further reducing any potential undue<br />

impact on the amenity <strong>of</strong> the adjoining property to the south.<br />

Overall, it is considered that the nil setback <strong>of</strong> the garage from the right (south) side<br />

boundary complies with the performance criteria for the following reasons:-<br />

<br />

<br />

will not have any significant adverse effect on the amenity <strong>of</strong> the adjoining property;<br />

and<br />

direct sun to major openings to habitable rooms and outdoor living areas <strong>of</strong> the<br />

adjoining property is not restricted.<br />

POLICY/STATUTORY IMPLICATIONS:<br />

There are no policy or statutory implications related to this report. The proposal was<br />

assessed against the provisions <strong>of</strong> the Residential Design Codes (R Codes), <strong>Town</strong> Planning<br />

Scheme No.1, and the <strong>Town</strong> Planning Scheme Policy Manual.<br />

FINANCIAL IMPLICATIONS:<br />

There are no financial implications related to this report.<br />

H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\FEBRUARY 2012\B DV.DOCX 15

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