"17. Under the Design and Development Overlay DD03, requirements for setback specify that Buildings and setback at least 7.5m from a road frontage ............. Additionally, it is added that A permit may be granted to vary these requirements provided the Responsible Authority is satisfied that compliance is unreasonable or unnecessary and no significant loss of amenity will result from approval of the variation".

2. Paragraph 25 is amended omitting "Mr Easton" and substituting "The Appellants".

1. By letter dated 16 February 2000, the Responsible Authority has drawn the Tribunal's attention to two errors in the Tribunal's determination dated 10 February, 2000:

(i) Paragraph 17 does not take account of amendment to Design and Development Overlay DD03 which is dated 16 December 1999. The amended provisions have omitted the requirement that new development be setback at a distance the same or greater than adjoining a development.

(ii) Paragraph 25 incorrectly attributes the provider of the "courtesy line" diagram to the Respondent, when it was actually provided by the Appellants.

2. While the amended overlay omits the requirement for new development to be setback at a distance the same or greater than adjoining development, Schedule 3 to the Design and Development Overlay (DD03 to clause 43.02) contains the design objective "To protect shared view lines where reasonable and practical", as quoted in the Tribunal decision. The "courtesy line" provides a "reasonable and practical" way of protecting view lines of properties further to the east.