Councillors to visit waterfront site

Gosford councillors have decided to visit the site of a proposed waterfront dwelling in Burge Rd, Woy Woy, to view the effects of the proposed waterfront setback.

Neighbours and other Burge Rd residents have complained that council staff have bent the rules to allow building closer to the waterfront for this development.

Residents have also sent a petition to council claiming staff have been inconsistent with interpreting the building codes.

A staff report to the council stated that "the proposal generally satisfies the foreshore building line as outlined in DCP 155, with the single storey portion set behind the nominal six metre line and the eastern external wall of the first floor portion setback 10 metres".

The applicant has requested the demolition of an existing cottage, for a new two-storey house adjacent to a foreshore reserve.

The provision of DCP 155 indicates that a building line should be measured to the nearest part of a structure including a deck or patio.

The nearest portion of the two-storey section of the dwelling is a small deck set into the roof of the lower floor.

Council staff have reported that the deck is not in strict compliance with the requirements of the DCP as its front edge is set back 8.5m.

The report stated, however, that "it is common practice that waterfront developments provide an unroofed deck or patio at top floor level over the lower level roof".

Six public submissions were received in relation to the application.

One submission claimed the development contravened council's DCP 155.

Another submission argued that the floor level of the second storey did not conform to the height restrictions of four meters above natural ground level in DCP 155.

The applicant responded that the first floor level of the proposal only slightly exceeded four meters above the existing ground level, due to the property being flood affected.

Council officers stated that as the proposal satisfies envelope requirements it was considered reasonable to permit the minor variation to the DCP.

The site has been recommended for approval.

Council has separately moved to make amendments to DCP 155 to clarify setback requirements and building height definitions.

Council agenda DH.16, February 1