Council grants six non-complying DAs in three months

Aerial view of development site

Central Coast Council has admitted it approved six development applications on and around the Peninsula between October and December that didn’t comply with development standards.

On October 18, Council approved a development application for alterations and additions to a home in Helmsman Bvd, St Huberts Island. Approval required a variation to the standard for floor space ratio by 2.6 percent. It was justified by Council as minor and did “not affect the overall bulk and scale of the development”. Another residential alteration at Killcare was approved on November 10 with a 25 percent variation to the standard for building height. It was justified on the basis that the “dwelling additions remained at the same height of the existing dwelling house, impacts considered acceptable”. An 11.7 per cent variation to the building heights standard was granted for a multi-unit project in Ocean View Rd, Ettalong, on November 17. “In order to achieve suitable drainage across the site the height of the proposal has been increased,” was the stated justification for the variation. The standard for minimum lot sizes for attached dwellings was varied to approve a multi-unit residential project in Hillview St, Woy Woy. In this instance the 2.5 per cent variation was deemed minor “and the proposed development provides sufficient space for landscaping setbacks and amenity”.

A 5.3 per cent variation to the standard for building heights was given to a project at 53 Greenhaven Dr, Umina, because “the slope of the land means it would be difficult to meet the building height development standard and there will be no impact on amenity of neighbours or streetscape and seeks to minimise the cut and fill on the site”. In December, a single new home in Bay View Cres, Blackwall, was approved with a 15.3 per cent variation to the building height. The justification was “the steep topography of the land makes it difficult to achieve moderate floor area without exceeding the height limits”. Developments on the Peninsula are still determined using the Gosford Local Environmental Plan 2014. It permits some variations to standards provided they “achieve better outcomes for and from the development by allowing flexibility in particular circumstances”.

“In each case, the relevant development application must address the objectives of the development standard being varied,” according to a report by staff to the February 26 meeting of Central Coast Council. “Council requires that a written request to vary a development standard be considered in each case, which must address…why compliance with the development standard is unreasonable or unnecessary … and that there are sufficient environmental planning grounds to justify contravening the development standard,” the report said.

SOURCE: Central Coast Council Agenda Item 2.1, 26 Feb 2018