5.2024.126.1 - 19 Wyndham Street, St James (Closed)
Posted: 05/07/2024 Closing Date: 18/07/2024 11:55 PM
The Town has received a development application for Single House at the above-mentioned property.
In accordance with Local Planning Policy 37 – Community Consultation on Planning Proposals, you are invited to comment on the following:
- Carport Street Setback – Council’s Local Planning Policy – Streetscape requires that a carport to a new dwelling have a minimum street setback of 4.5 metres from Wyndham Street. The application proposes a setback to Wyndham Street of 3.5 metres.
- Fill and Retaining behind Street Setback Line - A retaining wall is proposed to be constructed along the south-western common boundary with 21 Wyndham Street and 4 Burlington Street. The retaining wall is proposed to have a varying height of between 0.4 metres and 0.9 metres above natural ground level. The Residential Design Codes permit filling and associated retaining walls behind the street setback line and within 1.0 metre of a common boundary up to a maximum height of 500mm above natural ground level.
- Visual Privacy – The Residential Design Codes prescribes minimum setback distances for unscreened major openings from boundaries in order to achieve a reasonable level of privacy. The application proposes variations as follows:
- Kitchen window to south-western boundary – 6 required; 3.6 metres proposed (Note: proposed to be screened via dividing fence).
- Alfresco decking to south-western boundary – 7.5 metres required; 3.6 metres proposed (Note: proposed to be screened via dividing fence).
- Bed 4/Activity room decking to south-western boundary – 7.5 metres required; 3.6 metres proposed.
Please note: revised plans received 3 July 2024 (after consultation letters were mailed) propose 1.6m high fixed privacy screens to eliminate direct overlooking. With the addition of the privacy screening, the design is compliant and meets the relevant deemed-to-comply provisions of the Residential Design Codes relating to visual privacy.
The above mentioned matters will be considered based on the merits of the case, and with regard to the relevant design principles and any comments received from nearby affected landowner(s) and occupier(s).
The relevant design principles that the proposal will be assessed against are as listed below:
Clause 2 – Setback of Garages and Carport
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Planning document
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Council’s Local Planning Policy - Streetscape
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Design element
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Clause 2 – Setback of Garages and Carports
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Relevant design principle(s)
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P1. The setting back of carports and garages so as not to detract from the streetscape or appearance of dwellings, or obstruct views of the dwelling from the street and vice versa.
P2. Garages which do not dominate the visual appearance of the lot having regard to the width of the lot and building frontage, the location of the upper floor relative to the garage, and the general design merit.
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5.3.7 Site works
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Planning document
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Residential Design Codes (R-Codes) Volume 1
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Design element
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C7.1, C7.2 & C7.3
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Relevant design principle(s)
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P7.1 Development that considers and responds to the natural features of the site and requires minimal excavation/fill.
P7.2 Where excavation/fill is necessary, all finished levels respecting the natural ground level at the lot boundary of the site and as viewed from the street.
P7.3 Retaining walls that result in land which can be effectively used for the benefit of residents and do not detrimentally affect adjoining properties and are designed, engineered and landscaped having due regard to clause 5.4.1.
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5.4.1 Visual privacy
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Planning document
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Residential Design Codes (R-Codes) Volume 1
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Design element
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C1.1 & C1.2
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Relevant design principle(s)
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P1.1 Minimal direct overlooking of active habitable spaces and outdoor living areas of adjacent dwellings achieved through:
• building layout and location;
• design of major openings;
• landscape screening of outdoor active habitable spaces; and/or
• location of screening devices.
P1.2 Maximum visual privacy to side and rear boundaries through measures such as:
• offsetting the location of ground and first floor windows so that viewing is oblique rather than direct;
• building to the boundary where appropriate;
• setting back the first floor from the side boundary;
• providing higher or opaque and fixed windows; and/or
· screen devices (including landscaping, fencing, obscure glazing, timber screens, external blinds, window hoods and shutters)
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