59 Mr Ingham sees the amendments as providing a satisfactory level of amenity for future occupants. Mr Pickles accepts that the amendments improve the amenity of future residents however he sees the amendments as a contrived solution leaving the basement apartment with limited cross ventilation and a light well to the storeroom that achieves little.
60 DCP 2002 provides that habitable rooms (not including bathrooms, laundries and storerooms) are to be located above the existing ground level (Sec 7.2 a ii). In my understanding of the amended plans, this requirement is largely satisfied as the habitable rooms all have an easterly aspect and if there is some portion of the rooms that are below existing ground level there is no impact on the amenity of these rooms.
Resident concerns
61 The following residents gave evidence on the morning of the first day of the hearing and the dwellings at 55 and 59 Cremorne Rd were inspected at this time:
o Ms Sally White of 59 Cremorne Rd,
o Dr Hannes Boshoff of 55 Cremorne Rd and
o Ms Susan Nash on behalf of Estate of 26 Cremorne Rd.
62 Their concerns (and not addressed earlier in the judgment) relate to:
o additional traffic,
o overshadowing,
o loss of privacy,
o impact on views from landscaping,
o bulk and scale of the additions,
Traffic
63 Additional traffic and access to and from the basement carpark was not an issue raised by the council but was a concern of local residents. I note that the residents concerns were addressed by the council in their assessment of the development application. The reporting officer stated that while there was the possibility of a vehicle having to wait to gain access to the basement carpark, the likelihood of conflict is limited due to the comparatively small number of vehicle movements generated by the proposed development. With all vehicles leaving the site from the car lift in a forward direction and the visitor space having adequate sightlines to see vehicles travelling southbound from on Cremorne Road. the proposal is superior in traffic terms than the current situation. Currently vehicles are required to reverse into or out of the existing garage. I note that condition H1 requires the provision of a traffic light to alert drivers on Cremorne Road. if the car lift is in operation. In the absence of any contrary evidence, I accept that there are no traffic or access reasons why the development should be refused.
Overshadowing
64 Potential overshadowing impacts are restricted to Dr Boshoff's dwelling and principally the kitchen windows in the northern elevation of his dwelling. With the benefit of the site view I acknowledge that there will be a reduction in available sunlight to these windows however due to the orientation and location of these windows any redevelopment on the subject site is likely to reduce the sunlight to this area of Dr Boshoff's dwelling.