Council Minutes - Town of Cambridge

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COUNCIL MINUTES TUESDAY 28 FEBRUARY 2012 DETAILS: Development description The existing dwelling situated on the subject site is a three storey dwelling with a large backyard comprising a tennis court and swimming pool area. The subject site comprises of two lots with the dwelling mainly located on Lot 17 and the tennis court and pool outdoor living areas mainly located on Lot 18 to the west of Lot 17. Lot 17 is considerably higher in level than the adjoining properties to the rear and west. There is an existing outdoor living area at the same level as the dwelling. Steps then lead down to the existing pool and then there are more steps down to the tennis court. The proposal is to extend the dwelling into the existing outdoor living area, and extend the higher level out further to create a spa and smaller outdoor living area. A new pool is also proposed at the same (lower) level as the existing pool. The dwelling additions will result in a larger bedroom 2, gymnasium/store room and meals area, and a new enclosed alfresco and kitchen area. Applicant's justification The applicant submitted information for Council to consider when assessing the plans which is available to view for Elected Members. Neighbour submission The Town notified the owners of the two properties directly adjoining the rear boundary adjacent to the proposed development, being Nos. 45 and 47 Marapana Road. One submission was received from the owners of No. 47 Marapana Road objecting to the rear setback for the bedroom and outdoor living area and the visual privacy setback for the proposed outdoor living areas. A copy of the submission is available to view for Elected Members. Performance criteria assessment Buildings setback from the boundary Rear setback (north) Performance criteria: Proposed Min 2.8 m for bed 2 extension Min 5.5 m to kitchen Min 4.1 m to raised outdoor living area adjacent to kitchen Acceptable development provision Min 6.0 metres Buildings setback from boundaries other than street boundaries so as to: provide adequate direct sun and ventilation to the building; ensure adequate direct sun and ventilation being available to adjoining properties; provide adequate direct sun to the building and appurtenant open spaces; assist with protection of access to direct sun for adjoining properties; assist in ameliorating the impacts of building bulk on adjoining properties; and assist in protecting privacy between adjoining properties. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\FEBRUARY 2012\B DV.DOCX 43
COUNCIL MINUTES TUESDAY 28 FEBRUARY 2012 As the subject site comprises two lots with the majority of the dwelling on one lot, the backyard is orientated to the western side of the property, rather than the rear (northern) boundary. The rear boundary acts more like a side boundary, however, it is technically the rear boundary as it is opposite the front. The existing dwelling does not comply with the rear setback acceptable development requirement. The subject site is considerably higher than the adjoining properties to the rear. Views from the outdoor living area directly adjacent to the dwelling comprise the roof of No. 47 Marapana Road to the north-west and part of the top floor of No. 45 Marapana Road to the north. In addition,m there is an existing high hedge adjacent to the boundary that provides good privacy screening and assists in ameliorating any bulk impact between the subject site and No. 45 Marapana Road. The owners have advised that they have no intention of removing this hedge. Access to direct sun for the rear adjoining properties will not be impacted as these properties are to the north of the subject site. As previously stated, the owners of No. 47 Marapana Road have objected to the setback of the bedroom 2 extension and the outdoor living area adjacent to the kitchen. Due to the level difference, it is unlikely that this development will have any significant impact on this neighbouring property in relation to access to sun, ventilation, privacy or bulk. It should be noted that the variation relates more to the part of the rear boundary shared with No. 45 rather than No. 47 Marapana Road. Directly adjacent to the boundary shared with No. 47 Marapana Road is the proposed swimming pool and the outdoor living area adjacent to the spa which complies with the rear setback requirement. Overall in view of the above comments, it is considered that the proposed setback of the development from the rear/northern boundary is acceptable and complies with the performance criteria for the following reasons:- due to the level difference and the development being to the south, the proposed development is unlikely to have any significant impact on the adjoining properties in relation to access to sun and ventilation, bulk impact and privacy; the encroachments are relatively minor considering that the majority of the area adjacent to the rear boundary is garden. Visual privacy Visual privacy setback (rear/north) Proposed Acceptable development provision Min 5.6 m for kitchen window Min 6.0 m Min 4.1 m for raised outdoor living area adjacent to kitchen Min 6.9 m for raised outdoor living area adjacent to spa Min 7.5 m Min 7.5 m Performance criteria: Direct overlooking of active habitable spaces and outdoor living areas of other dwellings is minimised by building layout, location and design of major openings and outdoor active habitable spaces, screening devices and landscape, or remoteness. Effective location of major openings and outdoor active habitable spaces to avoid overlooking is preferred to the use of screening devices or obscured glass. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\FEBRUARY 2012\B DV.DOCX 44
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Council Minutes - Town of Cambridge

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