5.2025.252.1 - 45 Cornwall Street LATHLAIN (Closed)
Posted: 17/10/2025 Closing Date: 30/10/2025 11:55 PM
The Town has received a development application for ANCILLARY DWELLING ADDITION TO 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:
- Restrictive Covenant – A restrictive covenant has been registered on the above-mentioned property pursuant to the Transfer of Land Act 1893–1950, which restricts the property as follows:
- There shall not be erected or suffered to be erected on the land hereby transferred any building other than a private dwelling house and such outbuildings necessary for use in conjunction there with;
- No such dwelling house shall be constructed with walls and foundations of other than brick stone or concrete provided that this covenant shall not extend to any such outbuildings;
- Not more than one dwelling house shall be erected on the said land.
In accordance with Clause 35(1) of the Town’s Local Planning Scheme No. 2 (LPS2) –Restrictive Covenants, any covenant affecting land within the Scheme area that limits the number of residential dwellings to less than that permitted under the Scheme is deemed to be extinguished or varied to the extent of the inconsistency.
LPS2 Subclause (1) outlines that such a restrictive covenant may be extinguished following the completion of community consultation in accordance with Clause 64 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.
The applicant seeks to extinguish the above-mentioned restrictive covenant pursuant to the above-mentioned requirements, to enable the occupants to construct an ancillary dwelling on the lot in conjunction with the existing dwelling.
- 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:
- Living/Dining room window of proposed ancillary dwelling to the southern boundary adjacent 50 Streatley Road – 6 metres required; 2 metres proposed.
- Living/Dining room window of proposed ancillary dwelling to the western boundary adjacent 43 Cornwall Street – 6 metres required; 2.3 metres proposed.
The relevant design principles that the proposal will be assessed against are as listed below:
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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Visual Privacy – Clause 5.4.1 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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