19E.3 Restricted Discretionary Activity Rules

Updated 14 December 2018

The following are Restricted Discretionary Activities:

1. Any Permitted Activity that does not comply with:
   1. Rule 19E.1.4 – Overshadowing;
   2. Rule 19E.1.5 – Setbacks;
   3. Rule 19E.1.6 – Streetscape;
2. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term, except for:
   1. Rule 19E.1.1 – Development, Intensity and Scale, which is a Discretionary Activity;
   2. Rule 19E.1.2 – Building Height, which is a Discretionary Activity.

19E.3.1 Restricted Discretionary Activities - Matters of Discretion and Conditions

The Council restricts the exercise of its discretion to:

19E.3.1.1 Overshadowing

In considering activities that do not comply with the Rule 19E.1.4 - Overshadowing the Council restricts the exercise of its discretion to the extent to which the proposal would overshadow other sites resulting in reduced daylight.

19E.3.1.2 Setbacks

In considering activities that do not comply with Rule 19E.1.5 - Setbacks the Council restricts the exercise of its discretion to:

1. The extent to which the proposal would adversely impact on the visual and aural privacy of occupants in adjoining sites;
2. The extent to which the proposal would reduce the ability to maintain access for maintenance, including for buildings on adjoining sites;
3. The extent to which the proposal would address potential adverse impacts through design measures including, but not restricted to step in breaks in façades and minimisation of the length of encroachment into the setback.

19E.3.1.3 Streetscape

In considering activities that do not comply with Rule 19E.1.6 - Streetscape the Council restricts the exercise of its discretion to:

1. The extent to which the proposal would adversely impact on the maintenance of a consistent setback from the street and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from the street and from adjoining sites;
2. The extent to which the proposal addresses potential adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public-private interface.

19E.3.1.4 Activities described as a Restricted Discretionary Activity in Rule 19E.3 b) – Restricted Discretionary Activity Rules

In considering activities identified as Restricted Discretionary in Rule 19E.3 b) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

1. The extent to which the activity complies with the Controlled Activity Standards and Terms in Rule 19E.2.1 – Controlled Activities – Standards and Terms;
2. Matters over which the Council has reserved control in Rule 19E.2.2 - Controlled Activities - Matters of Control and Conditions.

Definitions in this section

activity/activities

building

council

setback

site

streetscape