Council meeting to consider plans that exceed limits

Plans to build a studio over a new garage and to make additions to a home in Patricia Pl, Killcare, have been referred to a Central Coast Council meeting because the proposal exceeds planning controls.

Peninsula News has regularly reported on proposals that have not complied with planning controls but have been approved by Council staff without being referred to a council meeting.

Council staff told Peninsula News that the Killcare proposal had been referred to the meeting for consideration because it exceeded the planning controls by more than 10 per cent.

"Any DA that exceeds the planning controls by 10 per cent is automatically referred to Council for determination," staff said in a written statement.

No submissions were received during the notification period.

"The application is required to be reported to Council due to the building height exceeding the development standard specified in the Gosford Local Environment Plan 2014," according to a planning staff report to the Monday, October 8, Council meeting.

The report concluded that the application for additions to 5 Patricia Place, Killcare, should be approved with conditions.

The application seeks approval for a new double garage at ground level with new secure access to level one of the residence, a new studio above the double garage providing a new bathroom on level two, new infill development under the existing residence providing a double bedroom, ensuite, walk-in robe and snug on level three.

The applicant also wants to alter the existing living level of the residence including relocating the kitchen, providing a new bedroom, a refurbished bathroom/laundry, and lowering part of existing deck to form a new lounge on level four.

A new bedroom is proposed above and to the rear of the property overlooking an internal courtyard on level level.

New lift access is proposed from level one to level four.

"The lift overrun exceeds the permissible building height of 8.5 metres by 1.63 metres or 19 per cent," the report said.

The subject site is zoned R2 Low Density Residential.

"The proposal seeks a maximum height of 10.13 metres to the top of the lift overrun which runs from the garage level to the level four lounge room," the staff report said.

Under Gosford Development Control Plan, there is a height limit of 8.5 metres and a maximum of three storeys where site constraints such as slope exist.

"The proposal seeks a dwelling that has four storeys," the report said.

"In terms of the proposed design, it is noted that the height exceedance is largely for a point encroachment only, in order to permit the lift overrun," the staff report said.

"The proposal meets the relevant zone objectives and does not cause view loss impacts to the adjoining properties," it said.

"Council (staff) has considered the applicant's request to vary the development standard and agrees that the proposal would be consistent to the height and scale of other dwellings within the immediate area (3 and 13 Patricia Pl).

"The development would not impose any detrimental impact on the amenity of residents in nearby dwellings.

"The steepness of the site together with the current levels set by the existing building contribute to the difficulty in complying with the height controls.

The Control Plan also requires a front setback of 3.54m but the proposal seeks a front setback of 232mm which is a 93 per cent variation.

The garage setback should be 4.5 metres but the proposed garage has 232mm which is a 95 per cent variation.

Current planning controls require a side setback of 900mm but the proposal seeks a minimum side boundary setback of 733mm for the garage and studio but the rest of the building complies with the required side setback as the height of the dwelling decreases with the site's slope.

A 4.5 metre cut is proposed to allow for car parking within the property boundaries but planning controls set a maximum cut of three metres.

The proposal does meet the requirements for view sharing and given the topography of the site, is considered to meet the requirements for visual privacy.

No structural engineering details have been provided for a proposed retaining wall greater than 600mm in height, required to be designed by a structural engineer.

"There have been no objections raised in relation to the number of storeys and a multi-level design is consistent with other developments in the vicinity of the site given the topography of the area," staff said.

"Having regard to the site factors, minimal impact on the character of the area and that of the residents, the applicant's request to vary the height development standard is considered reasonable and therefore supported.

"The garage is unable to be moved further back on the site as this would result in the footings for the existing dwelling being undermined.

"Moving the garage further back onsite would also result in additional excavation.

"The proposed garage is located adjacent to the existing garage at No 3 Patricia place, and this is considered to be the most appropriate location on the site.

"Garages forward of the building line are part of the overall streetscape in Patricia Place (No 3, 4, 6, 10 and 12 Patricia Pl).

"The proposed garage is considered to be consistent with the streetscape, therefore the variation is supported in this instance.

"The proposed development seeks a variation to the permitted side boundary setbacks as a result of the building's height.

"The side boundary setbacks are considered to be compatible with adjoining development in proximity to the site and will not impact upon existing view corridors and the solar access afforded to the adjoining dwelling.

"The property is mapped as being in a medium and high hazard landslip risk. In this regard, the development proposal has been supported by an appropriate geotechnical report.

"This report provides an assessment of ongoing slope stability and provides recommendations on structural engineers design and is considered appropriate."

SOURCE:

Central Coast Council agenda 2.1, 3 Oct 2018