Construction certificate issued for non-complying units
A construction certificate has been issued so work can commence of a four-unit residential flat building at 209 West St, Umina.
The $750,000 proposal was approved by Central Coast Council in March last year.
Approval was granted even though the proposal did not comply with the Gosford LEP and DCP for minimum lot size, setbacks, and building depth.
The variance for building depth was 20 per cent but rear boundary setbacks varied by 85 per cent of the DCP requirements and side setbacks varied by 74 per cent.
According to Council's assessment report, the vacant site is located on the north-eastern corner of West St and Morris St.
It has a rectangular shape with a frontage of 20.3 metres to West St and 36.85 metres to Marris St.
Adjoining properties include a car sales year, shop, multi-dwelling housing and a single dwelling.
The granting of the construction certificate makes way for work to commence on the building that will include a ground and upper level consisting of four residential flats and six off street parking spaces.
The building will include on two-bedroom unit and three with three bedrooms.
The building will have vehicle access from Morris St and West St.
In terms of the developments non-compliance with the Gosford LEP for minimum lot size, the assessment report said: "The applicant contends that strict compliance with the minimum lot size is unreasonable and unnecessary because the variation is minor at 0.31 cent and the proposal does not result in any adverse impacts upon neighbours the proposal has been designed to ensure privacy is not compromised, there is no unreasonable loss of solar access to adjoining residents and the subject site does not enjoy any significant view corridors that could be impacted.
"The applicant submits that a reasonable person viewing the subject site from the public domain would be unable to identify any difference between the subject site and a fully compliant site area.
"The applicant's written request has adequately justified that compliance with the development standard is unreasonable and unnecessary in this instance and there are sufficient environmental Planning grounds to justify contravening the development standard," Council's assessment report said.
Non-compliance with rear setback provisions of the Gosford DCP was justified because the site is a corner block.
"The configuration of Units 1 and 2 provide an adequate area at the rear for deep soil planting and the setback provided does not have adverse impacts on the amenity of adjoining properties," the assessment report said.
SOURCE:
Gosford DA Tracker, 5 Apr 2018
DA50258/2016, Central Coast Council