The City has received a development application for a double-storey house at Lot 401 (No.35A) Bernley Drive, Viveash. The lot is zoned Residential R20/35 and has a site area of 506m².
Through an assessment of the application, variations against the Residential Design Codes were identified in relation to deemed-to-comply provisions for 5.3.7 Site Works, and 5.4.2 Solar Access for Adjoining Sites. These variations are detailed below.
5.3.7 Site Works
- A retaining wall with a height above 0.5 metres, located 4.5 metres from the primary street boundary (within the front setback area) is proposed in variation to the deemed-to-comply provision C7.1.
- A 0.772 metre retaining wall at the primary street setback is proposed, in variation to the deemed-to-comply provision C7.2.
- A 1-metre retaining wall is proposed adjacent to the southern lot setback in variation to the deemed-to-comply provision C7.3.
5.4.2 Solar Access for Adjoining Sites
- The proposed design is calculated as overshadowing the lot to its southern boundary to 26.48% of its site area as anticipated on midday, 21 June, in variation to deemed-to-comply provision C2.1.
The City is conducting an alternative merit-based assessment against the design principles due to the above variations and seeks feedback in relation to the proposed variations from affected landowners.
Submissions ending 24 November 2025
