Review requested of Warrah St development refusal
The applicant for a three-unit development at 16 Warrah St, Ettalong, has asked for a review of its refusal by the Local Planning Panel.
The "section 8.2a" request has made a number of minor changes to the design, but the proposal remains non-compliant with several planning provisions.
The lot size is 727.20 square metres, below the minimum required of 750 square metres, which requires a "section 4.6 variation request".
The first floor ceiling height of 2.45 metres is below the minimum of 2.7 metres.
The length of the building at 40 metres is well beyond the maximum of 25 metres, a 60 per cent variation.
The private open space provided for Unit 2 is only 40 square metres where the minimum is 50 square metres, a 20 per cent variation.
The enclosure of the private open space for Unit 1 does not comply with fencing standards for front setbacks.
Side setbacks are non-compliant with the minimum requirement of 3.5 metres, being 1.3 metres on the western side and 1.1 metres to the east.
The rear setback of 3.38 metres is non-compliant with the minimum of 6.0 metres.
Changes from the original application include removal of the first floor balconies from the eastern side, replacing brick cladding with lightweight cladding and standardising floor levels at RL 2.9.
Previously, Unit 1 was at RL 4.88 and the other two were at RL4.0.
While still non-compliant, rear and side setbacks have been changed.
The rear set back has been increased from 1.737 metres to 3.382 metres.
East side setbacks have increased marginally with a corresponding decrease on the western driveway side.
According to the site analysis, living areas have increased by 18.93 square metres for a total 350.82 square metres.
Garages have decreased by 4.79 square metres to 93.05 square metres and private open space has increased by 32.85 square metres to 209.85 square metres.
The application, submitted by planning consultants Clarke Dowdle and Associates, argues that the non-compliances should be allowed because they have been allowed in the past by the Council, and provides a list of alleged precedents.
The original application was refused by the Local Planning Panel on November 24 last year.
There were 27 submissions and a petition with 47 signatures.
The Council assessment report recommended refusal.
Objections raised in the submissions included: "Yet another multi dwelling with no visitor parking. This causes traffic congestion and illegal parking on verges. Pedestrians have to walk on the road which is dangerous especially for children."
"This development in particular is removing some of the last remaining trees in the area."
"This street is being flooded with an increasing number of two-storey townhouses that block sunlight and impact the privacy of the surrounding neighbourhood."
The Local Planning Panel gave six reasons for its refusal.
These included that it had an unsatisfactory 4.6 variation request and that it was "not satisfactory" in regard to environmental planning instruments and policies.
It was inconsistent with various sections of the Development Control Plan.
It was not compatible with desired future character of the zone nor did it exhibit best practice design.
It was inconsistent with current and future desired character of the locality and was not in public interest.
It also had insufficient information on fill, retaining walls and interface with neighbouring properties.
Despite this, the revised application states: "The amended multi-dwelling development at 16 Warrah St is consistent with the objectives, planning strategies and controls applicable to the site.
"The proposal provides increased housing density which is well designed to meet residential needs and is commensurate with the character of the surrounding area."
"Given the absence of adverse environmental, social or economic impacts the application is submitted to Council for assessment and approval, subject to necessary conditions of consent."
The review request now contains a separate section 4.6 variation document, but its wording does not differ significantly from the previous version.
It adds as "precedents" other development in the same street: numbers 2, 18, 19, 21, 25 and 27 Warrah St.
Five of these are approved "gun-barrel" developments also submitted by Clarke Dowdle and Associates.
Two of these were approved by the same planning officer who is assessing this application.
The application is currently on exhibition on the Central Coast planning portal.
The closing date for written submissions is not provided.
SOURCE:
DA Tracker, 1 Apr 2023
DA61592/2021, Central Coast Council