Legislative Assembly for the ACT: 2003 Week 12 Hansard (20 November) . . Page.. 4459 ..
Answers to questions
Two storey buildings
(Question No 928)
Mr Cornwell asked the Minister for Planning, upon notice:
In relation to two story buildings:
(1) Why was planning permission given for two story buildings at the following sites when adjacent houses in the street are single story residences:
(a) Block 27 Section 11 (56 Banks Street) Yarralumla;
(b) Block 7 Section 64 (65 Miller Street) O'Connor;
(c) Block 3 Section 30 (23 Ridley Street) Turner;
(d) Block 7 Section 29 (29 Froggat Street) Turner.
Mr Corbell: The answer to the member's question is as follows:
(1) The Territory Plan permits a maximum height of two storeys for single dwellings in most residential areas. Attics and basements may only be permitted in addition to the two storeys in Core Areas. Building height is restricted to single storey for any dual occupancy housing that does not directly front a public road.
Prior to the introduction of Variation No. 200 - Residential Land Use Policies, Modifications to Residential Codes and Master Plan Procedures, in May 2002, attics and basements in addition to two storeys could be considered for all single dwelling developments. In relation to dual occupancy and multi-unit redevelopments if a two storey development was proposed the Draft Guidelines for Multi-unit Redevelopment Including Dual Occupancy in Residential Areas required consideration to be given a direct visual relationship to another two storey development. Shortly after the gazettal of Variation No. 200, the guideline was revoked, except for applications already submitted.
In relation to the specific sites in question all approvals relate to single dwellings and approvals for the second storey element were granted prior to the introduction of Variation No. 200. The following matters were taken into consideration when Development Application approval was granted:
(a) Block 27 Section 11 (56 Banks Street) Yarralumla
The upper floor element is located towards the side boundary that is shared with a pedestrian walkway. Located to the south of the subject block, any overshadowing would occur towards the walkway. In regard to the other side and rear boundaries the spatial separation between the upper floor element and the adjoining blocks would minimise any potential for overlooking.
(b) Block 7 Section 64 (65 Miller Street) O'Connor
To the northern boundary, windows to the upper floor element are restricted to non-habitable rooms. To the southern boundary, one bedroom window encroaches within the minimum performance measure. As a bedroom is not a main daytime living area and the adjacent lessee did not raise any concerns during the neighbour consultation process, the encroachment was considered acceptable.