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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

28 JUNE 2011<br />

concern for the adjoining landowner to the north in their submission. These windows are also<br />

not classified as major openings as a void are is not considered to be a habitable room. In<br />

any case, the setback from the subject windows to the northern side boundary is 6.9 metres,<br />

which would be a complaint privacy setback if the windows were to a habitable room such as<br />

a living room or bedroom.<br />

Overall, it is considered that the proposed variation to the windows to the living room<br />

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

<br />

direct overlooking <strong>of</strong> active habitable spaces or outdoor living areas <strong>of</strong> the adjoining<br />

dwelling has been minimised by building layout and design <strong>of</strong> major openings.<br />

Building height<br />

Proposed<br />

Acceptable development provision<br />

Wall height 6.378 metres (north side) 6.0 metres<br />

Performance criteria:<br />

Building height consistent with the desired height <strong>of</strong> buildings in the locality, and to recognise the<br />

need to protect the amenities <strong>of</strong> adjoining properties, including, where appropriate:<br />

adequate direct sun to buildings and appurtenant open spaces;<br />

adequate daylight to major openings to habitable rooms; and<br />

access to views <strong>of</strong> significance.<br />

The proposed variation to the wall height is not considered to have an adverse impact on the<br />

streetscape or surrounding amenity as the wall height variation only occurs in the front northeastern<br />

corner <strong>of</strong> the dwelling where the land slopes down. There a numerous two storey<br />

dwellings along Gregory street <strong>of</strong> similar scale. The proposed dwelling is compliant with the<br />

overall height requirements to the top <strong>of</strong> the pitched ro<strong>of</strong>. The amenity <strong>of</strong> the adjoining<br />

property to the north will be protected in terms <strong>of</strong> the access to northern light as the shadow<br />

<strong>of</strong> the proposed dwelling will be cast on the adjoining property to the south.<br />

Overall, it is considered that the proposed wall height variation complies with the<br />

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

<br />

<br />

adequate direct sun available to buildings and appurtenant open spaces <strong>of</strong> adjoining<br />

properties; and<br />

adequate daylight available to major openings to habitable rooms <strong>of</strong> adjoining<br />

properties.<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\11 MINUTES\JUNE 2011\B DV.DOCX 47

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