Panel refuses six-unit three-storey flats
The Local Planning Panel has refused approval for construction of a three-storey residential flat at 75 Brick Wharf Rd, Woy Woy, containing six units.
The development application also included the demolition of an existing dwelling.
The Central Coast Council had recommended approval of the application in spite of non-compliance with building height and floor space ratio requirements and provisions for setbacks, building separation, solar access and deep soil area.
There were 14 public submissions opposing this amended version of the application.
These covered many issues, predominantly bulk and scale of the building, overshadowing, insufficient parking for visitors and the proposed use of community facilities to offset the absence of common shared open space within the proposal.
One submission commented unfavourably on the proposed rear view of 75 Brick Wharf Rd in contrast to the glamorous front elevation, accusing it of encouraging the trend towards "a solid unbroken wall of seedy looking garages covered in graffiti".
The first reason for refusal, given by the Local Planning Panel, questioned the legality of using the land at the back of the property (currently a council car park) for access to the property, "and whether landowner's consent is required" for access from "the adjoining community-classified Council-owned land".
The proposal provided only for rear vehicular access to the property via the car park.
The application had not addressed the issue, nor had the council planner in the council assessment.
The Panel decision went on to list several other reasons for refusal such as the inadequate wording of the "variation" requests and lack of building separation.
It stated: "The proposed development will not be in the public interest because it is inconsistent with the objectives of the development standards and the objectives for development within the R1 General Residential zone in which the development is proposed to be carried out."
It said the proposal was "an over development of the site and results in unreasonable impacts on the adjoining heritage building, over shadowing, and loss of privacy".
The Council's assessment report lists discussions at "pre-lodgement" meetings and concessions that the Council had made.
For instance in a meeting that took place in March 2021, it was noted that "the building setbacks of the residential component of the development although non-compliant seem reasonable considering the site constraints".
The initial application was lodged in June 2021.
There were 17 public submissions against it.
The assessment report describes many discussions and exchanges of documents and emails took place between council staff and the applicant, with the applicant being sent "request to withdraw" letters on two occasions.
The set of drawings and other documents that were eventually presented as the "amended" application went on public exhibition from April 14 to May 8.
There were 14 submissions against from the public.
It was refused by the Panel on June 8.
Despite the refusal of the application, the existing dwelling on the property has been demolished.
Source:
Local Planning Panel item 3.1, 8 Jun 2023
DA/61806/2021, Central Coast Council