Refusal recommended for non-complying application

The Central Coast Local Planning Panel has heard a recommendation to reject a Woy Woy development application because it did not "adequately justify departures" from planning provisions.

The application was for four three-storey and two two-storey townhouses in a $1.4 million multi-dwelling housing development over two allotments of land with a total area of 1308 square metres at 259 Burge Rd and 200 Blackwall Rd, Woy Woy.

A planning assessment presented to the Panel listed variations to requirements for floor space ratio, to road access and to setbacks and other requirements.

The assessment stated: "The proposed development would result in an floor space ratio of 0.76:1 which is a variation of 26 per cent above the maximum permitted under the applicable controls.

"The proposal seeks approval for access from Blackwall Rd, a classified road, where a better design on site would allow access to be provided exclusively from Burge Rd which is not a classified road.

"As such, the consent authority must not grant development consent to the development proposed.

"A saw tooth arrangement of buildings results in multiple elements of the front and rear setbacks achieving only five metres of deep soil, representing a 16 per cent variance to controls.

"Side setbacks to northern boundaries are 2.01 metres, representing a 50 per cent variance.

"Side setbacks to southern boundaries are 2.5 metres, representing a 37 per cent variance.

"Third floor balconies are within the 2.5 metre setback to the east, representing a variance of up to 100 per cent."

The assessment stated there was a shortfall of three parking spaces and that three spaces were provided within the front setback, where parking within front setbacks was not permitted.

All dwellings had garage doors on the street frontage, which was not permitted.

It stated that building fronting Burge Rd was 31.5m, but did not have a six metre square courtyard or a canopy tree within the front setback, as required.

"The driveways proposed do not allow opportunity for landscaped verges.

"The separation fails to provide satisfactory sunlight to Unit's 1 and 2, with both unable to achieve sunlight access in any useable quantity at mid-winter."

"Unit 1 and 2 fail to achieve minimum solar access to either internal living areas or external private open space.

"Units 3 and 4 will not achieve minimum solar access to external private open space."

The assessment stated that sunlight to ground floor units on the neighbouring property at 202 Blackwall Rd "is likely to be impacted by the proposed development".

Four private courtyards had insufficient space for solar access and clothes drying.

"They self-shade and are not considered high quality spaces.

"No private courtyard indicates inclusion of any tree."

The assessment also stated: "A six metre separation between bedrooms at the second floor between Unit 2 and 3, and eight metres between unit 1 and 4, representing a variance of between 33 per cent and 11 per cent."

The assessment recommended that the application be refused on grounds that included that it "fails adequately justify departures" from the applicable Local Environment Plan and Development Control Plan and the State Environmental Planning Policy (Infrastructure).

Other grounds were that the submitted documentation did not provide adequate information to enable a proper assessment of the proposal, and that the proposal was not in the public interest.

The panel heard submissions in the open session of its meeting on Thursday, December 10, but minutes of the panel's deliberation had not been published by the end of last week.

SOURCE:

Website, 10 Dec 2020

DA58026/2020, Central Coast Local Planning Panel