Non-complying house is allowed

Gosford Council has voted to allow a house to be completed in Umina which does not comply with height and bulk guidelines.

The house which is currently under construction at 36 The Citadel, Umina, has a roof eave, gutter, and facia, as well as 300mm of a wall for the entire length of one side of the house outside the building envelope specified in the council's own Development Control Plan (DCP) for the area.

The issue came before council as a result of complaints from a neighbour on the non-compliant side of the house.

The house is outside the building envelope as a result of the inaccurate designation of ground level in the house plans.

Instead of removing some rocks at the rear of the block to allow the house to be built at the intended height of 300mm above ground level, the house was raised to 1200mm above, so that the structure is now 900mm higher than originally planned.

The council decided, against mayor Cr Robert Bell's advice, to allow the building to be completed on the grounds that: "The impact on adjoining premises is not unreasonable."

Cr Bell said: "This is devastating for the adjoining neighbour.

"The impact on them is severe."

He said that not removing the rocks at the rear of the block had saved on building costs and increased views from the new house at the expense of the neighbour.

Cr Chris Holstein disagreed about the severity of overshadowing.

"If you were to change the aspect of this building, there would be bugger-all difference.

"Nothing would change in regard to the neighbour," Cr Holstein said.

Cr Craig Doyle said: "This is only a few percent outside the envelope and we've had items that were 300 per cent outside the DCP and they have still been approved."

The votes were recorded with Crs Brooks, Bockholt and Bell against allowing the house to go ahead, and Crs Holstein, Doyle, Penton and Cook voting to allow the construction to be completed.

Jonathan Reichard, council agenda DH.039, April 8