Dual occupancy application resubmitted under new rules
A development application has been lodged with Central Coast Council seeking consent for a two-storey dual occupancy at 16 Sydney Ave, Umina.
"Each dwelling would include a double garage, three bedrooms, a living room, kitchen, dining area, bathroom, ensuite and adjoining patios and courtyards," the application states.
The application is a fresh application for a dual occupancy at the same address as a similar application (DA63260/21) that was refused by the Local Planning Panel.
This new application will be assessed against Central Coast Council's 2022 planning provisions, where the previous application was assessed under the previous Gosford provisions.
The drawings for the new application show few differences from its predecessor.
A small length of wall on the southern side of unit two has been indented slightly, presumably to help improve articulation.
Two windows on the western side of unit one have been amalgamated into one tall window spanning both floors.
Both applications were prepared by Clarke Dowdle and Associates.
The new application states that: "Each unit would include an open space area adjoining each dwelling which incorporates a patio and clothes drying and service areas.
"The proposal includes landscaping and fencing to provide sufficient areas to store mobile waste collection bins away from the street and from the courtyard areas within the site."
The compliance table in the application mentions only one non-compliance with the planning provisions, which is the failure to attain a 4.5 metre rear setback.
The proposal calls for a 1.025 metre setback to the planned garage at the rear, referring to "discussion below".
However, this discussion does not seem to be present in the document.
Although not mentioned in the compliance table, the applications states that the southern elevation exceeds the length of unarticulated wall.
"The proposed dual occupancy building is well articulated although it does have some section of walls greater than 10 metres along southern elevation that is 17.6 metres in length."
It claims: "On the whole, the dual occupancy is articulated in a manner to alleviate monotonous design."
Under the heading "solar access", the application states: "The proposed dual occupancy development would entail shadowing to the adjoining southern lot during the winter months.
"Given the proposal is two storeys in height shadowing is somewhat unavoidable due to the east-west orientation as a two-storey dwelling house can be erected on the site with the same side setbacks under complying development.
"Notwithstanding the height of the building, the shadow diagrams indicate that the proposal would maintain solar access to 50 per cent the private open space of the neighbouring lot during the lower altitude sun path during the winter months."
Changes to the solar access requirements under the new planning provisions may well play a large part in the assessment of this application.
As part of its conclusion, the application states: "The proposal provides the local area with new more affordable dwellings on a site that is inherently suitable for such development."
The application gives no indication of the selling price of the units or their rental value.
Many of the planning provisions under the Gosford Development Control Plan that were the basis for the Planning Panel's refusal of the previous application no longer apply and the new provisions do not seem to provide the same impediments for the new application.
For example, changes to planning provisions include changes to requirements for the building envelope, private open space, minimum sunlight, privacy, and facade articulation.
The "old" requirement for side setbacks and building envelope was one metre and then a 45 degree angle starting 3.5 metres above the ground.
The "new" requirement is, for any part of the building with a height of more than 4.5 metres, 0.9 metres plus one-quarter of the height of the building above 4.5 metres.
The minimum private open space required under the "old" provisions was 75 square metres.
The new requirement is 45 square metres with a minimum dimension of 4.5 metres.
Under both old and new provisions, three hours of direct sunlight must reach the living areas and private open space of both the new and existing (neighbouring) properties at the winter solstice.
However, the percentage of those areas that must receive sunlight has reduced from 70 to 50 per cent.
It is unclear how the new privacy provisions will be interpreted, as this section has been rewritten.
However one significant difference is that the "new" privacy clauses do not have any explicit limit on the size and number of "roof terraces".
Under the new provisions, the maximum allowable length of "unarticulated" wall has risen from eight metres to 10 metres.
The application is currently on public exhibition with written submissions being received until Monday, February 6.
SOURCE:
DA Tracker, 22 Jan 2023
DA3337/2022, Central Coast Council.