Clause 55 - ResCode Assessment – Two or More Dwellings on a Lot The development is required to be assessed against Clause 55 as set out below: 55.02-1 Neighbourhood character objectives To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area. Standard B1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. Does not comply The application is not considered to positively reflect the existing and preferred character of the area due to the built form and visual impacts to the existing streetscape. Although the application proposed construction materials generally seen within the coastal area such and exposed raw timbers and clear glazing, the design in its current form lacks a transitional built form to the surrounding single and double storey built form. Given the site’s “landmark” exposure, it is not considered that the application would provide for a positive planning outcome in relation to the existing and preferred neighbourhood character. 55.02-2 Residential policy objectives To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To support medium densities in areas where development can take advantage of public transport and community infrastructure and services. Standard B2 An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Complies As set out above, the application complies with the planning policy framework. The required written statement has been provided. 55.02-3
To avoid future management difficulties in areas of common ownership. Clause 55.06-4 Site Services To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. B34 The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically. Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents. Mailboxes should be provided and located for convenient access as required by Australia Post. Complies The dwelling layout and design provides for sufficient space and facilities for services to be installed and maintained. Bin and recycling enclosures, mailboxes and other site facilities have been provided adequately and will blend in with the development. The site facilities including mailboxes, bin and recycling enclosures and mailboxes have been provided and located for convenient access.
Encourage the development of well-designed medium-density housing which: Respects the neighbourhood character. Improves housing choice. Makes better use of existing infrastructure. Improves energy efficiency of housing. Support opportunities for a wide range of income groups to choose housing in well-serviced locations. Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres. 16.01-5 - Housing Affordability Objective To deliver more affordable housing closer to jobs, transport and services. Strategies Improve housing affordability by: Ensuring land supply continues to be sufficient to meet demand. Increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities. Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Encouraging a significant proportion of new development, to be affordable for households on low to moderate incomes. Increase the supply of well-located affordable housing by: Facilitating a mix of private, affordable and social housing in activity centres and urban renewal precincts. Ensuring the redevelopment and renewal of public housing stock better meets community needs. Local Planning Policy Framework Municipal Strategic Statement Summary of relevant MSS 21.06-3 - Urban consolidation The objective of Clause 21.06-3 of the Municipal Strategic Statement is to:
section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated. 55.03-3 Site coverage objective To encourage development that respects the landscape character of the neighbourhood. To encourage the retention of significant trees on the site. Standard B8 The site area covered by buildings should not exceed 60 per cent. Complies The site coverage of buildings is approximately 55 percent of the site, which is less than the 60% allowed by the standard. 55.03-4 Permeability objectives To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration. Standard B9 At least 20 per cent of the site should not be covered by impervious surfaces. Complies The site retains at least 20 per cent permeability, assisting in on site stormwater filtration. 55.03-5 Energy efficiency objectives To achieve and protect energy efficient dwellings and residential buildings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy. Standard B10 Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Complies The dwellings are designed to take advantage of solar energy and living rooms and private open space areas and located to receive northern light. Dwellings located on the south side of the development have areas of private open space with north facing aspects. While living areas do not have direct access to north facing windows however front onto the areas of private open space with north facing aspects.
Access objective To ensure the number and design of vehicle crossovers respects the neighbourhood character. if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage. No more than one single-width crossover should be provided for each dwelling fronting a street. The location of crossovers should maximise the retention of on-street car parking spaces. The number of access points to a road in a Road Zone should be minimised. Developments must provide for access for service, emergency and delivery vehicles. A total of 16 per cent of the frontage is taken up with vehicle crossings, which complies with the standard. 55.03-10 Parking location objective To provide convenient parking for resident and visitor vehicles. To protect residents from vehicular noise within developments. Standard B15 Car parking facilities should: Be reasonably close and convenient to dwellings and residential buildings. Be secure. Be well ventilated if enclosed. Large parking areas should be broken up with trees, buildings or different surface treatments. Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway. Does not comply Variation required Comments: The car parking area provided in the basement is only accessible via the vehicle access ramp. This is not considered to be convenient for residents or visitors. It is also not clear from the plans whether there will be any type of access gate to provide security to the basement car parking and storage areas. 55.04-1 Side and rear setbacks objective To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character Standard B17 A new building not on or within 200mm of a boundary should be set back from side or rear boundaries: Complies The required setbacks have been achieved for the development and all side and rear setbacks comply with the formula contained in the standard.
buildings within a development. secluded open space of the dwellings blow. 55.04-8 Noise impacts objective To contain noise sources in developments that may affect existing dwellings. To protect residents from external noise. Standard B24 Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings. Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties. Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms. Complies Whilst the site is located along High Street which is a busy duel lane road, the site is separated from this road via as service lane and vegetation. It is therefore considered that habitable rooms are located far enough away from the noise source to have any adverse amenity issues. 55.05-1 Accessibility objective To encourage the consideration of the needs of people with limited mobility in the design of developments. Standard B25 The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility. Complies The entries to the ground floor of the dwellings are accessible to those with limited mobility. 55.05-2 Dwelling entry objective To provide each dwelling or residential building with its own sense of identity. Standard B26 Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the entry. Does not comply Comments: All dwelling entrances are obscured from the street. Whilst a pathway is provided from the street to the internal accessways it is not considered that entries to the dwellings are easily identifiable from the street.
Front Fences To encourage front fence design that respects the existing or preferred neighbourhood character. The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres. Complies The front fence proposed is considered to complement the design of the dwelling and the front fences on adjoining properties. It is not clear from the plans however how high the fence will be. Clause 55.06-3 Common Property To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained. To avoid future management difficulties in areas of common ownership. B33 Development should clearly delineate public, communal and private areas. Common property, where provided, should be functional and capable of efficient management. Complies The common property area provided as part of this development is practical and could easily be maintained. Clause 55.06-4 Site Services To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. B34 The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically. Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents. Mailboxes should be provided and located for convenient access as required by Australia Post. Does not comply Comments: The proposed bin storage is located in the basement and is not considered to be in a convenient location for residents given the accessibility issues identified. Mailboxes and other facilities are however considered to be in convenient locations.
55.07-1 Energy efficiency To achieve and protect energy efficient dwellings and buildings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy. To ensure dwellings achieve adequate thermal efficiency. Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is optimised. Dwellings located in a climate zone identified Table B4 in should not exceed the maximum Nat HERS annual cooling load specified in the following table. Complies As above the development is considered to achieve an energy efficient design. Clause 55.07-2 Communal open space To ensure that communal open space is accessible, practical, attractive, easily maintained and integrated with the layout of the development. Developments with 40 or more dwellings should provide a minimum area of communal open space of 2.5 square metres per dwelling or 250 square metres, whichever is lesser. Communal open space should: Be located to: Provide passive surveillance opportunities, where appropriate. Provide outlook for as many dwellings as practicable. N/A Development only has 17 dwellings.
equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. *it must be noted this assessment is based on the plans before me. When applying approximate measurements on Council’s mapping system the measurements on the plans prove to be inaccurate 55.04-2 Walls on boundaries objective To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. Standard B18 A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary: For a length of more than the distance specified in a schedule to the zone; or If no distance is specified in a schedule to the zone, for a length of more than: 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater. A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. A building on a boundary includes a building set back up to 200mm from a boundary. N/A There are no new walls proposed on property boundaries.
Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms. 55.05-1 Accessibility objective To encourage the consideration of the needs of people with limited mobility in the design of developments. Standard B25 The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility. Complies The entries to the ground floor of the dwellings are accessible to those with limited mobility. 55.05-2 Dwelling entry objective To provide each dwelling or residential building with its own sense of identity. Standard B26 Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the entry. Does not comply The existing dwelling entry will be completely hidden from the street. The pedestrian walkway is not considered to provide the existing dwelling with its own identity or sense of address. Any potential visitors are required to walk down the proposed path for a length of approximately 12.5m, then turn left and walk for a length of approximately 13m and then turn right to arrive at the dwelling entrance. The objective cannot be met. 55.05-3 Daylight to new windows objective To allow adequate daylight into new habitable room windows. Standard B27 A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum Complies All habitable room windows face an outdoor space of the required
new dwellings and residential buildings. The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where ‘h’ is the height of the wall. access and complies with the setback requirement of the standard. Clause 55.05-6 Storage To provide adequate storage facilities for each dwelling. Standard B30 Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space. Complies The appropriate storage areas can been provided in accordance with the standard subject to a condition on a permit if one was to issue. Clause 55.06-1 Design Detail To encourage design detail that respects the existing or preferred neighbourhood character. Standard B31 The design of buildings, including: Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. Does not comply For the reasons mentioned earlier in this report, the proposed dwelling is not considered to respect the existing neighbourhood character, largely due to the siting of the proposed dwelling and lack of separation and spacing between the proposed and existing dwelling on-site. Clause 55.06-2 Front Fences To encourage front fence design that respects the existing or preferred neighbourhood character. Standard B32 The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres. Complies The application proposes to continue the brush fence from the property to the north. The height of this fence has not been provided to Council. The proposed fence cannot exceed a front fence height of 1.5m and if a permit is to issue a condition on the permit will restricting the fence height will be required.