| Suburb | AUSTINMER |
| Application | DA-2011/1187 |
| Lot | Lot 1 DP 104036 |
| Address | 137 Lawrence Hargrave DriveAUSTINMER NSW 2515 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Justification on basis that proposal is a reduction in gross floor are to 0.35:1 from 0.40:1. | | Extent of variation | Variation is 0.05 in excess of 0.30:1 fsr. |
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| Suburb | AUSTINMER |
| Application | DA-2011/685 |
| Lot | Lot 501 DP 848943 |
| Address | 145 Lawrence Hargrave DriveAUSTINMER NSW 2515 |
| Description | Residential - Demolition of house and garage on Lot 500 and demolition of of two storey building on Lot 501 and alterations and additions to existing dwelling house on Lot 501 including new fencing, gates and landscaping |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Justification for both variations was provided by the applicant. These variation statements were assessed and it was considered that the variations to development standards were both acceptable. Building height variation was less than 10% and as such Council assumed its delegation. Variation for FSR was greater than 10% and DOP concurrence was granted."Concurrence granted by Director General on 01/08/11" for FSR variation. | | Extent of variation | FSR:Permitted FSR 0.3:1Approved FSR 0.34:1Building HeightPermitted Height 9mApproved Height 9.26m |
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| Suburb | AUSTINMER |
| Application | DA-2012/838 |
| Lot | Lot 9 Sec A DP 2111, Lot 10 Sec A DP 2111, Lot 11 Sec A DP 2111, Lot 12 Sec A DP 2111, Lot 13 Sec A DP 2111 |
| Address | 51 Moore StreetAUSTINMER NSW 2515 |
| Description | Place of worship - replacement of roof |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The variation will have minimal impact on the amenity of the street as the new roof line remains lower than the highest existing point on the structure which is 12m. There are no negative overshadowing issues resulting from the proposal and no objections were received to the proposal. The variation requested is for a height of 9.5m which varies the development standard by less than 10%. Concurrence was received from the Director General for the proposal on 4 September 2012. | | Extent of variation | Permissiable height is 9m.Approved height is 9.5m.Concurrence received from the Director General on 4/9/2012. |
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| Suburb | AUSTINMER |
| Application | DA-2012/856 |
| Lot | Lot 27 DP 8096 |
| Address | 15 Boyce AvenueAUSTINMER NSW 2515 |
| Description | Residential - demolition of existing dwelling and construction of dwelling house and swimming pool |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Minimal impact on streetscape and amenity of neighbouring properties. | | Extent of variation | 5% OR 9.5m (9m max) |
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| Suburb | AUSTINMER |
| Application | DA-2014/689 |
| Lot | Lot A DP 369644 |
| Address | 56-64 Asquith StreetAUSTINMER NSW 2515 |
| Description | Residential - dwelling house |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The applicant’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The proposed design of the dwelling significantly improves the amenity for the surrounding locality.The application was referred to IHAP on 16 September 2014. All Panel members concurred with the Council Officer's recommendation. | | Extent of variation | Height 9mApproved Height 10.5m |
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| Suburb | AUSTINMER |
| Application | DA-2019/88 |
| Lot | Lot 1 DP 499682 |
| Address | 157 Lawrence Hargrave DriveAUSTINMER NSW 2515 |
| Description | Residential - demolition works, alterations and additions to existing dwelling and construction of a new secondary dwelling and garage |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | In summary the justification relies on compliance with the floor space ratio standard in this instance being unnecessary as there are no unreasonable impacts arising from the non-compliance and the development is consistent with the objectives of the standard despite the non-compliance. The applicant’s request is based on the rationale that the variation to Clause 4.4 is considered to be consistent with the objectives of the clause and that a better development outcome is achieved by allowing flexibility to the development standard. | | Extent of variation | Maximum 0.30:1FSR: 205.7m2/ 633.11m2 = 0.325:1Variation sought for 14m2 of floor area (0.23) to the maximum FSR. And is calculated at 7% exceedance of FSR. |
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| Suburb | AVONDALE |
| Application | DA-2011/1398 |
| Lot | Lot 26 DP 23265 |
| Address | 26 Avondale RoadAVONDALE NSW 2530 |
| Description | Residential - demolition of existing site improvements and construction of 21 multi dwelling houses - revised design to remove all decorative sunhoods and certain timber battening to windows. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | The variation to the minimum site width will have only a minor impact upon both the surrounding development and the street frontage access arrangements for the proposed development. The reduced minimum site width has not prevented a suitable development from being designed for the site given the unusual shape of the allotment with a narrow frontage and much wider allotment dimensions behind the existing dwelling. In this regard the variation to the development standard, pursuant to Clause 4.6 of Wollongong Local Environmental Plan 2009, is well founded and therefore the proposal is considered acceptable with Concurrence being granted by the Director General on 9/12/11. | | Extent of variation | Permissible minimum site width = 18.0 metresApproved site width = 15.24 metresConcurrence granted by Director General on 9/12/11 |
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| Suburb | BALGOWNIE |
| Application | DA-2013/1196 |
| Lot | Lot A DP 160389 |
| Address | 11 Hunter StreetBALGOWNIE NSW 2519 |
| Description | Residential - multi dwelling housing development - three (3) townhouses |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | The applicant's submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The application was referred to IHAP on the 10 December 2013 and all panel members concurred with the officer's recommendation. | | Extent of variation | Required minimum site width 18m. Site has a minimum width of 17.31m at the front property boundary. |
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| Suburb | BALGOWNIE |
| Application | DA-2016/1626 |
| Lot | Lot 263 DP 826793 |
| Address | 39 Ryan StreetBALGOWNIE NSW 2519 |
| Description | Residential - demolition of existing structures and construction of a multi dwelling housing development containing five townhouses and basement car park for eleven cars |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | ****DA REFUSED 30/6/17 ***consolidation of adjoining allotments not practicable | | Extent of variation | site width 15.60m where minimum 18m required |
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| Suburb | BALGOWNIE |
| Application | DA-2017/732 |
| Lot | Lot 144 DP 518900 |
| Address | 14 Russell StreetBALGOWNIE NSW 2519 |
| Description | Residential - construction of multi dwelling housing - six (6) townhouses |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | A functional building can be provided on the narrower portion of the site, including appropriate carparking and access, landscaping and private open space areas, without detrimentally impacting the surrounding properties. | | Extent of variation | Minimum Site Width - Required 18m - Proposed 14.87m |
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| Suburb | BERKELEY |
| Application | DA-2009/432/A |
| Lot | Lot 108 DP 262790 |
| Address | 55 Shearwater DriveBERKELEY NSW 2506 |
| Description | Alterations to existing dwelling-house and extension to garage and deck - Modification A - relocation of garage roller door and internal widening of northern wall of garage |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Unauthorised works- refer to IHAP Report of 16/11/2016. Relocation of garage door and removal of internal wall has been undertaken without approval. Modification seeks approval for unauthorised works and departure from development standard 0.5:1. | | Extent of variation | 0.52:1 |
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| Suburb | BULLI |
| Application | DA-2007/359 |
| Lot | Lot B DP 36549 |
| Address | 40B Point StreetBULLI NSW 2516 |
| Description | Alterations to existing ground floor shop, alterations and additions to existing dwelling. |
| Variations | | Planning instrument | LEP 1990 | Clause | C12B Gross Floor Area | | Justification of variation | Concurrence issued by the Department of Planning | | Extent of variation | FSR 1.3:1 |
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| Suburb | BULLI |
| Application | DA-2008/1608 |
| Lot | Lot 2 SP 64591 |
| Address | 2/3 Somerville StreetBULLI NSW 2516 |
| Description | Enclosure of existing verandahs |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Balcony enclosure is not considered to not have significantly different impacts in terms of visual bulk or privacy. | | Extent of variation | 6.6% |
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| Suburb | BULLI |
| Application | DA-2009/1580 |
| Lot | Lot 403 DP 1048605 |
| Address | 1 Garaban CourtBULLI NSW 2516 |
| Description | Two storey dwelling-house with basement |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Proposal is consistent with the built form of The Sandon Point Estate with respect to the height, bulk and scale relative to surrounding developments. | | Extent of variation | Maximum FSR 0.5:1.Proposed FSR 0.56:1. |
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| Suburb | BULLI |
| Application | DA-2009/757 |
| Lot | Lot 1 DP 710942 |
| Address | 3 Molloy StreetBULLI NSW 2516 |
| Description | Demolition of existing structures and construction of retail development |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Matter relates to 1 x 15m sign - for commercial exposure. The sign is integrated into the built form on site which complies with the zoning height development standard of 11 m. WLEP 2009 | | Extent of variation | 36% |
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| Suburb | BULLI |
| Application | DA-2010/1135 |
| Lot | Lot 233 DP 1151301 |
| Address | 33D Hospital RoadBULLI NSW 2516 |
| Description | Two storey dwelling |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Applicant has demonstrated that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case and has provided sufficient planning grounds to justify contravening the development standards. | | Extent of variation | Maximum FSR R2 Zone 0.5:1, E4 zone 0.3:1.Proposed FSR 0.39:1 entire site. |
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| Suburb | BULLI |
| Application | DA-2010/1535 |
| Lot | Lot 97 DP 228539 |
| Address | 11 Sturt PlaceBULLI NSW 2516 |
| Description | New split level dwelling |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The proposed dwelling does not comply with Council’s Local Environmental Plan 2009, Clause 4.4 Height of buildings. Site affected by heavy slope, consistent with surrounding development. | | Extent of variation | 9m height requirement. Proposal 12.012m |
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| Suburb | BULLI |
| Application | DA-2012/1172 |
| Lot | Lot 222 DP 1130028 |
| Address | 33A Hospital RoadBULLI NSW 2516 |
| Description | Residential - dwelling house |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Concurrence granted by Director General on 21/1/2013.The matter was referred to IHAP on 12 February 2013 in accordance with IHAP charter. IHAP recommended the application be approved in accordance with the officers recommendation as per Clause 9.2 of the IHAP Charter. | | Extent of variation | Permitted FSR in Zone E4 0.3:1Approved FSR in Zone E4 0.55:1 |
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| Suburb | BULLI |
| Application | DA-2013/698 |
| Lot | Lot E DP 36549 |
| Address | 40E Point StreetBULLI NSW 2516 |
| Description | Commercial - alterations and additions with residential dwelling on top |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The revised proposal is considered satisfactory in regard to Clause 4.6(3) as outlined below. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, Council considers the situation to be somewhat unusual and one where an FSR variation is not unwarranted considering the immediate context and neighbouring buildings. The site is part of a distinct cluster of adjoining lots with a unique character. The site areas are small and the existing buildings all exceed the maximum FSR of 0.5:1, ranging from approximately 0.9:1 to 1.3:1. In the circumstances, the proposed FSR of 1:1 is considered to represent an appropriate correlation with the existing built form and the applicable planning controls. Compliance with the standard is considered unnecessary and unreasonable in the circumstances. (b) that there are sufficient environmental planning grounds to justify contravening the development standard. In assessing whether there are sufficient environmental planning grounds to justify the variation, consistency with the objectives of the control and the zone are relevant. The revised proposal is considered to be acceptable in this regard as addressed at 4(a)(ii) below. At a higher level, the Objects of the Act are of relevance, in particular the aim of the promotion and co-ordination of the orderly and economic use and development of land. The proposal is considered to be an orderly development of the land. The reduction in bulk and scale provided in the revised plans results in a built form that is not inconsistent with the adjoining developments. The floor space ratio has been reduced to represent closer to an average of the FSR on the adjoining lots A through D. Adverse impacts on Lot D have been reduce through the removal of windows, increasing of the western setback and reduction in the projection of the adjoining wall. (4)Development consent must not be granted for development that contravenes a development standard unless:(a) the consent authority is satisfied that:(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), A suitable variation statement in accordance with this clause has now been submitted.(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, An assessment against the objectives of the development standard (clause 4.4) are as follows:(a) to provide an appropriate correlation between the size of a site and the extent of any development on that site, The revised design is considered to represent a reasonable correlation between the applicable planning controls, the site area and the adjoining development. (b) to establish the maximum development density and intensity of land use, taking into account the availability of infrastructure to service that site and the vehicle and pedestrian traffic the development will generate, The proposal is not expected to place an unreasonable demand on infrastructure or services. Waste servicing of the development can occur from Somerville Street. It is noted that parking has been raised as a concern in one of the submissions. The proposal provides a double garage for the residence as well as a commercial garage for the additional commercial space in compliance with Council controls. It is also noted that the creation of the driveways will result in a loss of up to three on street parking spaces on Somerville Street. The occupation of the commercial space as well as the residence would likely result in an increase in traffic generation in the locality. However, the removal of spaces on Somerville Street may alleviate an issue identified in a submission of Somerville Street becoming effectively single lane when cars are parked on both sides. In light of the above, and the small scale of the commercial component, the proposal is not expected to result in any significant traffic issues for the locality. (c) to ensure buildings are compatible with the bulk and scale of the locality. The revisions to the design overall reduce the bulk substantially and are considered to result in a development that is compatible with adjoining developments and the locality. The building is now considered to primarily present as two storey in scale. There are further not expected to be any unreasonable impacts on adjoining development arising from the proposal. As assessment against the objectives for development in the R2 zone is provided below. ?To provide for the housing needs of the community within a low density residential environment. The proposal provides for housing needs of the community and is of a scale compatible with the surrounding development. ?To enable other land uses that provide facilities or services to meet the day to day needs of residents. The proposal incorporates a commercial component consistent with this objective.(b) the concurrence of the Director-General has been obtained.Concurrence was previously provided by the Director-General | | Extent of variation | 100% |
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| Suburb | BULLI |
| Application | DA-2016/238/A |
| Lot | Lot 1 DP 1086647 |
| Address | 208-210 Princes HighwayBULLI NSW 2516 |
| Description | Residential - multi dwelling housingModification A - increase to floor levels and building height of units |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Required to achieve fall to stormwater detention facility without interfering with floodplain. | | Extent of variation | 0.89m (9.8%) |
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| Suburb | CLIFTON |
| Application | DA-2010/439/B |
| Lot | Lot 100 DP 1118518 |
| Address | 317 Lawrence Hargrave DriveCLIFTON NSW 2515 |
| Description | Alterations and additions to existing Imperial Hotel building, continued use as a pub/restaurant, with parking for 24 vehicles, 2 (two) motorcycle spaces, 7 (seven) bicycle spaces and landscaping worksModification B - amend conditions and plans to facilitate the proposed changed layout and operation of the restaurant including carparking and external/internal use areas, facade and signage |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Clause 4.3 Height of BuildingsThe requested exception to Clause 4.3 Height of Buildings of Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. It is noted that the heritage listed Imperial Hotel has an existing height greater than 13m. The Applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary.The application was referred to IHAP on 19 July 2017. All panel members concurred with the Council Officer’s recommendation subject to amendments.Clause 4.4 Floor Space RatioThe requested exception to Clause 4.4 Floor Space Ratio of Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The Applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary.The application was referred to IHAP on 19 July 2017. All panel members concurred with the Council Officer’s recommendation subject to amendments. | | Extent of variation | Clause 4.3 Height of Buildings of Wollongong Local Environmental Plan 2009Maximum permitted height: 9mApproved height: 12.3mClause 4.4 Floor Space Ratio of Wollongong Local Environmental Plan 2009Maximum FSR permitted: 0.3:1Approved FSR: 0.36:1 |
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| Suburb | CLIFTON |
| Application | DA-2012/181 |
| Lot | Lot 4 Sec 1 DP 2281 |
| Address | 327 Lawrence Hargrave DriveCLIFTON NSW 2515 |
| Description | Residential - dwelling house and swimming pool |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The variation relates only to the south eastern part of the subject site which is separated from surrounding development and will have minimal impact on adjoining properties due to the topography, orientation and location of the departure. | | Extent of variation | Permissible height 9mApproved height 10.7Director General concurrence granted 18/4/12 |
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| Suburb | COALCLIFF |
| Application | DA-2004/1145/A |
| Lot | Lot 5 DP 9274 |
| Address | 8 Paterson RoadCOALCLIFF NSW 2508 |
| Description | Alterations to existing dwelling - modifications to Level 1: conversion of carport to garage, inclusion of balcony to bedroom, new southern wall, security gate and front facade extension, Level 2: new fourth bedroom, relocation of kitchen, extension of lounge and balcony, Level 3: extension to laundry, rumpus and terrace, elevation changes, new landscape scheme. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The proposed modifications would result in minimal additional bulk and scale compared to the original development. | | Extent of variation | 0.43:1 |
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| Suburb | COALCLIFF |
| Application | DA-2007/914 |
| Lot | Lot 4 DP 9274 |
| Address | 6 Paterson RoadCOALCLIFF NSW 2508 |
| Description | Demolition of existing dwelling-house and construction of a split level dwelling-house with internal 2 car stacker parking and associated landscaping |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The variation to the FSR, when translated into building form noticeable from Paterson Road, is negligible given that the majority of additional floor space is contained within a subfloor level, not visible from Paterson Road.Concurrence of Director General granted on 14/03/2008 | | Extent of variation | Permissible FSR 0.3:1Approved FSR 0.367:1 |
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| Suburb | COLEDALE |
| Application | DA-2007/530 |
| Lot | Lot 8 DP 737626 |
| Address | 757 Lawrence Hargrave DriveCOLEDALE NSW 2515 |
| Description | Alterations and additions to dwelling-house |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The site contains local shops to the Lawrence Hargrave Street frontage and a dwelling to the Coledale Avenue frontage. The application was for alterations and additions to the dwelling house to provide 2 bedrooms and to combine the existing living with the bedroom to enable more useable space. The proposal was not inconsistent with the bulk and scale of the streetscape and did not result in an adverse impact on the amenity of the surrounding allotments or the public domain. In this instance the variation was supported. | | Extent of variation | The FSR for the site was 0.5:1, the applicant sought a variation for 0.52:1. |
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| Suburb | COLEDALE |
| Application | DA-2008/456 |
| Lot | Lot 26 DP 708819 |
| Address | 775 Lawrence Hargrave DriveCOLEDALE NSW 2515 |
| Description | Dwelling and garage |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Small lot, dweling house is consistent with style and design with the surrounding area. Generally complies with DCP 49 controls.Concurrence of Director General dated 04/06/08. | | Extent of variation | Permissible FSR 0.5:1Approved FSR 0.587:1 |
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| Suburb | COLEDALE |
| Application | DA-2009/1115 |
| Lot | Lot A DP 163633 |
| Address | 16A Rawson StreetCOLEDALE NSW 2515 |
| Description | Alterations and additions to include second storey addition |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Proposal is consistent with streetscape character, density, and the character of the locality. | | Extent of variation | Maximum FSR 0.5:1.Proposed FSR 0.54:1. |
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| Suburb | COLEDALE |
| Application | DA-2009/915 |
| Lot | Lot 1 DP 782769 |
| Address | 21 Coledale AvenueCOLEDALE NSW 2515 |
| Description | Alterations and additions to dwelling-house |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Concurrence granted by Director General on the 31 August 2009.FSR Permitted 0.30:1 approved 0.40:1Reported to IHAP on the 28 October 2009Reported to Council 24 November 2009 | | Extent of variation | FSR Permited 0.30:1 approved 0.40:1 |
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| Suburb | COLEDALE |
| Application | DA-2010/1487 |
| Lot | Lot 13 DP 1106347 |
| Address | 1 Coledale AvenueCOLEDALE NSW 2515 |
| Description | Two storey residential dwelling-house and demolition of existing dwelling-house |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Justification Statement submitted. | | Extent of variation | 0.45:1 (permitted FSR 0.3:1) |
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| Suburb | COLEDALE |
| Application | DA-2011/793 |
| Lot | Lot 20 DP 719348 |
| Address | 6 Hyde StreetCOLEDALE NSW 2515 |
| Description | Residential - Two storey dwelling house with demolition of existing structure |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The applicant has provided sufficient reasons why the development standard is unreasonable in the circumstances of the case, and has provided sufficient grounds to justify contravention of the development standard.The development is considered to be in keeping with the existing development in the area which typically exceeds the 0.3:1 FSR. The proposal is considered to meet the objectives of the E4 Environmental Living Zone. The FSR will also meet the 0.5:1 FSR permitted in R2 Low Density zones found to the west of Hyde Lane.It is noted that the minimum lot size for the E4 Zone is 1000sqm, however the site and the surrounding properties are narrow with a much smaller site area. Compliance with the 0.3:1 FSR on the subject site, with its area of 404.7 sqm, could only allow a dwelling of 121.41sqm in floor area, which is unrealisticand unfeasible given the high land value of the area.Concurrence granted by Director General on 1/8/11. | | Extent of variation | Permitted FSR 0.3:1Approved FSR 0.5:1 |
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| Suburb | COLEDALE |
| Application | DA-2019/5 |
| Lot | Lot 2 SP 86050 |
| Address | 2/757 Lawrence Hargrave DriveCOLEDALE NSW 2515 |
| Description | Residential - demolition of carport, alterations and additions to existing dwelling house and construction of a detached garage |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Applicant has submitted Cl.4.6 variation request and is assessed to be satisfactory. | | Extent of variation | 9.6% departure |
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| Suburb | CONISTON |
| Application | DA-2007/1520 |
| Lot | Lot A DP 449620 |
| Address | 118 Auburn StreetCONISTON NSW 2500 |
| Description | Proposed 3 stage development involving the subdivision of all the parcels into 3 separate allotments, part demolition of existing buildings and construction of 42 new light industrial units, proposed new cafe and strata subdivision thereof. |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | The proposed development will generally have a maximum ground level to ceiling height in the light industrial units of approximately 7 m. However, the Hangdog gym is proposed to have a ground level to ceiling height of 15.6 m to accommodate the unique activities involved with such a recreational venture. The Hangdog gym is to be relocated to the proposed new location from elsewhere on the site. The current location of the gym also contains anincreased height, and therefore it is believed that this location can support a height that exceeds the requirements within IREP No. 1 without detrimentally impacting the surrounding land usesConcurrence granted by Director General dated 01/11/07 | | Extent of variation | Height 11mConcurrance height 15.6 |
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| Suburb | CONISTON |
| Application | DA-2007/1820 |
| Lot | Lot 40 DP 5330 |
| Address | 24 Bridge StreetCONISTON NSW 2500 |
| Description | Alterations and additions to existing building and use as a community radio studio and erection of a satellite dish and antenna |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Concurrence of Director General dated 31/01/08 | | Extent of variation | Permissible FSR 0.5:1Approved FSR 0.58:1 |
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| Suburb | CONISTON |
| Application | DA-2016/1408 |
| Lot | Lot 21 DP 879687 |
| Address | 5 Bridge StreetCONISTON NSW 2500 |
| Description | Subdivision - Torrens title - two (2) lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | IHAP considered the proposal on 24 April 2017 and supported the Council officer recommendation for approval. No built change proposed as part of the subdivision | | Extent of variation | 0.5:1 FSR permitted. 1.29:1 outcome of one of two torrens title lots to be created. The 1.29:1 relates to existing commercial building on site which has been the street character for more than 30 years. No change to built form proposed. |
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| Suburb | CORDEAUX HEIGHTS |
| Application | DA-2002/1299/C |
| Lot | Lot 529 DP 1006249 |
| Address | 23 CreekrunCORDEAUX HEIGHTS NSW 2526 |
| Description | Two storey dwelling-house - modification including partial enclosure of a roofed terrace area, installation of air conditioning units, garage extension and rendering of existing masonry wall. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Bulk and scale is acceptable when viewed from the rear of the dwelling. | | Extent of variation | Maximum FSR 0.5:1.Proposed FSR 0.6:1. |
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| Suburb | CORDEAUX HEIGHTS |
| Application | DA-2008/797 |
| Lot | Lot 205 DP 809234 |
| Address | 10 Callistemon RoadCORDEAUX HEIGHTS NSW 2526 |
| Description | New dwelling-house, inground concrete swimming pool, retaining walls and shed |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Bulk and scale of the building is compatible with surrounding built forms | | Extent of variation | 39% |
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| Suburb | CORDEAUX HEIGHTS |
| Application | DA-2017/603 |
| Lot | Lot 523 DP 1006249 |
| Address | 5 SouthspurCORDEAUX HEIGHTS NSW 2526 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The proposal is compatible with the streetscape and is of a bulk and scale that reflects surrounding development. Therefore, the proposal will have minimal impact on the amenity of the neighbourhood.The application was referred to IHAP on 30 August 2017. All panel members concurred with the Council Officer's recommendation subject to amendments. | | Extent of variation | Required FSR 0.3:1, approved FSR 0.4:1 |
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| Suburb | CORRIMAL |
| Application | DA-2008/222 |
| Lot | Lot 7 DP 91686 |
| Address | 19 Wilford StreetCORRIMAL NSW 2518 |
| Description | Conversion of part of dwelling-house into a granny flat and construction of deck and entry |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Dual occupancy created by converting part of existing dwelling. Dwelling complies with FSR for dwellings in 2(a) zone.Concurrence granted by Director General dated 11/04/08 | | Extent of variation | Permissible FSR 0.3:1Approved FSR 0.39:1 |
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| Suburb | CORRIMAL |
| Application | DA-2008/756 |
| Lot | Lot 1 DP 657320 |
| Address | 191-193 Princes HighwayCORRIMAL NSW 2518 |
| Description | Demolition of existing buildings and construction of a three (3) storey shopping centre with rooftop parking and associated stormwater works |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | DRAFT WLEP 2009 PROPOSED MAXIMUM HEIGHT LIMIT OF 15M | | Extent of variation | 11m IREP 1 CL 139 MAXIMUM HEIGHTVARIATION GRANTED 15.12M APPROX 37% |
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| Suburb | CORRIMAL |
| Application | DA-2015/1175 |
| Lot | Lot 19 DP 4286 |
| Address | 36-44 Underwood StreetCORRIMAL NSW 2518 |
| Description | Demolition of existing structures and construction of four(4) storey mixed use development, comprising: six (6) commercial/retail tenancies on the ground floor, including Aldi supermarket (with associated signage); 49 residential units; 122-place child care centre at roof level; and associated car, motorcycle and bicycle parking at grade and basement level |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | A written Exception to Development Standard Statement prepared in accordance with the requirements of WLEP 2009 cl.4.6 (3) including a 5 part test has been submitted by the applicant and is considered to be both satisfactory and worthy of support. Compliance with the building height development standard is considered to be unreasonable in this instance as it has been sufficiently demonstrated that the proposal will not result in unreasonable adverse impacts on surrounding properties, nor is it inconsistent with the zone objectives or objectives of the height control. The proposal is generally compliant where it addresses the street, so presents as a compliant building, but exceeds the height limit due to the fall of the land, with minimal consequent impacts in the locality. | | Extent of variation | The maximum height of buildings in the B2 zone is 15 metres whereas part of the proposal is 19.5 metres. |
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| Suburb | CORRIMAL |
| Application | DA-2017/1196 |
| Lot | Lot 10 DP 1054999 |
| Address | 30 Cross StreetCORRIMAL NSW 2518 |
| Description | Demolition of existing structures and construction of multi dwelling housing (3 townhouses) |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | - Exent of variation minimal and has no material impact on the design or siting of the development- Minimal resultant impacts - No other WLEP 2009 variations - WDCP variations acceptable | | Extent of variation | 0.32m |
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| Suburb | CORRIMAL |
| Application | DA-2018/1517 |
| Lot | Lot 1 Sec D DP 4167 |
| Address | 145-149 Princes HighwayCORRIMAL NSW 2518 |
| Description | Mixed use development comprising 1 retail tenancy, 13 affordable units, 15 self-contained boarding house studios and associated car parking and landscaping works |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.13 Ground Floor dev on Business Zoned Land | | Justification of variation | Justification was provided by the applicant and supported by the SRPP for the exception to development standards for clause 4.3, 7.13 and 7.14 of the WLEP 2009 and clause 30 of the ARH SEPP, in accordance with clause 4.6 of the WLEP 2009. | | Extent of variation | Clause 4.3 WLEP 2009 Building Height - 15m maximum - 16.68m proposed - 11.2% exception Clause 7.13 WLEP 2009 Ground Floor development on land within business zones – 2 units, communal open space and residential entrance, corridors on the ground floor. Clause 7.14 WLEP 2009 Minimum site width – 24m required – 18.2m provided – 24% shortfall. Clause 30 State Environmental Planning Policy (Affordable Rental Housing) 2009 – Standards for boarding houses – no part the ground floor which fronts the street to be used for residential purposes - 2 units, communal open space and residential entrance, corridors proposed on the ground floor. |
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| Suburb | CRINGILA |
| Application | DA-2009/710 |
| Lot | Lot 11 DP 598996 |
| Address | 151-153 Five Islands RoadCRINGILA NSW 2502 |
| Description | Industrial workshop factories with associated office spaces |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | Variation is minor and the aims and objectives of the IREP are not hindered by the departure. | | Extent of variation | 0.07% |
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| Suburb | DAPTO |
| Application | DA-2007/597 |
| Lot | Lot 422 DP 218143, Lot 423 DP 218143, Lot 424 DP 218143, Lot 425 DP 218143 |
| Address | 133-139 Lakelands DriveDAPTO NSW 2530 |
| Description | Consolidation of four (4) lots subdivision into (twelve) 12 lots and the construction of eleven (11) detached dwelling-houses with basement parking |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | C12Concurrence granted by Director General on 20/07/07C13(b)See email in the Trim file dated 22/5/07 from DOP which states that Council can rely on the Director General's concrrence dated 20 July 2007 | | Extent of variation | C12Permitted FSR 03:1Approved FSR up to 0.9:1C13(b)Permissible minimum lot area of 450m2Approved lot areas 155m2 |
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| Suburb | DAPTO |
| Application | DA-2009/648 |
| Lot | Lot 329 DP 1045476 |
| Address | 5 Rosemount StreetDAPTO NSW 2530 |
| Description | Continued use of rumpus room to Unit 5 |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The development is contained wholly within the existing sub-floor area and does not add to the bulk and scale of the building. | | Extent of variation | 6% |
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| Suburb | DAPTO |
| Application | DA-2010/580 |
| Lot | Lot 101 DP 1111861 |
| Address | Lot 101 Moombara StreetDAPTO NSW 2530 |
| Description | Construction of five (5) residential flat buildings and community facility |
| Variations | | Planning instrument | WLEP 2010 (West Dapto) | Clause | Clause 4.3(2) Height of Buildings | | Justification of variation | clause 4.6(3) WLEP WEST DAPTO (2010) submission received and agreed to. | | Extent of variation | WLEP 2010 (WEST DAPTO) ZONING HEIGHT STANDARD CL 4.3 (2) IS 11M. CONCURRENCE GRANTED BY DOP ON 2 JULY 2010 TO 14.6M HEIGHT |
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| Suburb | EAST CORRIMAL |
| Application | DA-2017/1372 |
| Lot | Lot 1 DP 1212876 |
| Address | 122 Pioneer RoadEAST CORRIMAL NSW 2518 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | No justification provided. | | Extent of variation | FSR 0.52:1 with maximum FSR of 0.5:1 |
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| Suburb | FAIRY MEADOW |
| Application | DA-2007/504 |
| Lot | Lot 8 DP 37948 |
| Address | 3 Mount Ousley RoadFAIRY MEADOW NSW 2519 |
| Description | Two storey bulky goods development |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Previously approved DA-2004/1280 had an FSR of 1.03:1. Also considered that the building should integrate effectively with surrounding development and provide a high standard of building design. | | Extent of variation | FSR permitted 0.5:1Applied for 0.58:1 refused |
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| Suburb | FAIRY MEADOW |
| Application | DA-2008/457 |
| Lot | Lot 180 DP 19354, Lot 181 DP 19354 |
| Address | 96-98 Carters LaneFAIRY MEADOW NSW 2519 |
| Description | Alterations and additions to church building |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The addition is behind the existing church and the nature of the upper storey, being setback to the adjoining south and west residential property boundaries, will create minimal visual impact from the public domain and adjoining residences.in terms of perceived bulk and scale | | Extent of variation | 20% |
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| Suburb | FAIRY MEADOW |
| Application | DA-2008/607 |
| Lot | Lot 7 DP 137434 |
| Address | 15 Daisy StreetFAIRY MEADOW NSW 2519 |
| Description | Two (2) lot subdivision |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Approved DA with multi-dwelling and detached house being Torrens subdivided. Requirements for open space, solar acces and parking are still met. Built form largely complete. Concurrence of Director General dated 300/7/08. | | Extent of variation | Permissible FSR 0.5:1Approved FSR 0.64:1 |
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| Suburb | FAIRY MEADOW |
| Application | DA-2008/852 |
| Lot | Lot 1 DP 869553 |
| Address | 29A McGrath StreetFAIRY MEADOW NSW 2519 |
| Description | Demolition of existing buildings and construction of a Dementia day care centre |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The proposal satisfies the aims and objectives of the zone.Concurrence of Director-General dated 07/08/08. | | Extent of variation | Permissible FSR 0.30:1Approved FSR 0.34:1. |
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| Suburb | FAIRY MEADOW |
| Application | DA-2009/1013/A |
| Lot | Lot 2 DP 342060 |
| Address | 50 Princes HighwayFAIRY MEADOW NSW 2519 |
| Description | Demolition of existing building and construction of two storey commercial premises and carparkModification A - variations to conditions of consent |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4A Floor space ratio Wollongong City Centre | | Justification of variation | Concurrence from Director-General not required as the variation sought is less than 10% as advised from a delegate of Director-General on 1 March 2011. Council was advised able to assume the role of Director-General as required in Clause 4.6 of WLEP 2009. The variation sought was assessed and considered to have merit and can be supported. | | Extent of variation | Clause 4.4 WLEP 2009Permitted FSR 0.5:1Approved FSR 0.51:1 |
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| Suburb | FAIRY MEADOW |
| Application | DA-2012/1129 |
| Lot | Lot 40 SP 83610 |
| Address | 40/25 Carters LaneFAIRY MEADOW NSW 2519 |
| Description | Residential - awning |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The awning is over an existing balcony. The maximum height of the awning is 9.1 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The extent of the departure is minor and the awning height is less than the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties. | | Extent of variation | The height of the awning is 9.1m, thereby exceeding the maximum 9m height permitted by 0.1m (1.1% variation). |
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| Suburb | FAIRY MEADOW |
| Application | DA-2012/1132 |
| Lot | Lot 56 SP 83610 |
| Address | 56/25 Carters LaneFAIRY MEADOW NSW 2519 |
| Description | Residential - awning |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The variation relates to an awning over an existing balcony. The awning has a height of 11.6 metres where the maximum height limit permitted for the site is 9 metres. The height of the awning is less than the overall height of the existing residential flat building which is 13.6 metres. The awning is lightweight and open in form and will have minimal visual impact from surrounding properties and will not detrimentally impact on adjoining properties. | | Extent of variation | Proposed 11.6m awning height exceeds the 9m height limit by 2.6m (29% variation). |
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| Suburb | FAIRY MEADOW |
| Application | DA-2012/1136 |
| Lot | Lot 42 SP 83610 |
| Address | 42/25 Carters LaneFAIRY MEADOW NSW 2519 |
| Description | Residential - awning |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The awning is over an existing balcony. The maximum height of the awning is 11.6 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The awning height is below the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties. | | Extent of variation | The awning has a maximum height of 11.6m, which is 2.6m above the maximum 9m height limit (29% variation) |
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| Suburb | FAIRY MEADOW |
| Application | DA-2012/1187 |
| Lot | Lot 10 SP 83610 |
| Address | 10/25 Carters LaneFAIRY MEADOW NSW 2519 |
| Description | Residential - awning |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The awning is over an existing balcony. The maximum height of the awning is 9.1 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The extent of the departure is minor and the awning height is less than the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties. | | Extent of variation | The maximum height of the awning structure is 9.1m, which exceeds the maximum permitted building height of 9m by 0.1m (1.1% variation). |
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| Suburb | FAIRY MEADOW |
| Application | DA-2016/842 |
| Lot | Lot 4 DP 162065 |
| Address | 29 Elliotts RoadFAIRY MEADOW NSW 2519 |
| Description | Residential - demolition of existing dwelling and shed, boundary adjustment, construction of multi dwelling housing and 3 lot strata subdivision and dual occupancy with 2 lot strata subdivision |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | A functional building can be provided on the narrower portion of the site, including appropriate carparking and access, landscaping and private open space areas, without detrimentally impacting the surrounding properties. | | Extent of variation | 18m required, 16.53m provided |
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| Suburb | FAIRY MEADOW |
| Application | DA-2017/1250 |
| Lot | Lot 12 DP 1054513 |
| Address | 25 Steel StreetFAIRY MEADOW NSW 2519 |
| Description | Industrial - construction of a self storage unit |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Yes.The sufficient planning grounds to justify contravening the 0.5:1 Floor Space Ratio limit are outlined in the applicant’s Clause 4.6 statementThe applicant has noted environmental planning grounds that justify the departure also include:•The proposed building is ‘tucked away’ at the eastern end of the site and out of view from Steel Street and is not visually obtrusive.•The building is single storey structure and located 3m from northern and eastern boundary and 7m from southern. There are no overshadowing impacts to neighbouring residential properties. •The building has been positioned with regard to the current easements which traverse the site.•The height of the building is less than the initial ‘Block 3’ which was approved for the site with a zero setback on the northern boundary. It will be far less visually obtrusive particularly with the retention of the existing Melaleuca on the site.Went to IHAP on 28 February 2018 and the approval was granted for the application. | | Extent of variation | The Floor Space Ratio Map under Clause 4.4(2) of Wollongong Local Environmental Plan 2009 sets a maximum 0.5:1 floor space ratio for the site. The proposed additional storage unit is 84.3sqm increasing the current gross floor area from 1896.9sqm (0.625:1 current) to 1981.2sqm resulting in an FSR is 0.65:1. |
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| Suburb | FERNHILL |
| Application | DA-2017/1396 |
| Lot | Lot 24 DP 608427 |
| Address | 51 Pringle RoadFERNHILL NSW 2519 |
| Description | Commercial - new freezer, chiller and dispatch building |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Height of building exceeds maximum 12m height limit prescribed. Clause 4.6 exception request submitted as required. The objectives of the standard and zone obejctives are met despite the technical non-compliance with Clause 4.3. The DA was considered by the IHAP at its meeting on 9 May 2018 and the proposed height variation was supported | | Extent of variation | 12m when the maximum prescribed height limit is 11m |
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| Suburb | FIGTREE |
| Application | DA-2014/1177 |
| Lot | Lot 10 DP 216692 |
| Address | 22 Walang AvenueFIGTREE NSW 2525 |
| Description | Mixed Use Development - Shop Top Housing & Business Premises - alterations and additions to existing two storey dwelling house and shop complex |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The applicant’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered well founded. In this circumstance, it is recommended that the variation to WLEP 2009 be supported. The application was referred to IHAP on 25 March 2015. All panel members concurred with the Council Officers recommendation. | | Extent of variation | Permissible Height: 9m Approved Height: 9.9m |
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| Suburb | FIGTREE |
| Application | DA-2017/1585 |
| Lot | Lot 2 DP 1227117 |
| Address | 31A Langson AvenueFIGTREE NSW 2525 |
| Description | Residential - dual occupancy (attached) and Subdivision - Torrens title - two (2) residential lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Applicant has demonstrated that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case and has provided sufficient planning grounds to justify contravening the development standards. | | Extent of variation | Permitted FSR - 0.5:1Approved FSR - 0.61:1 |
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| Suburb | FIGTREE |
| Application | DA-2018/641 |
| Lot | Lot 108 DP 1102283 |
| Address | 23 Seddon StreetFIGTREE NSW 2525 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Assessed under Clause 4.6 of WLEP2009 | | Extent of variation | Maximum FSR of 0.50:1 under Clause 4.4 of WLEP2009 exceeded by <10% |
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| Suburb | GWYNNEVILLE |
| Application | DA-2008/169 |
| Lot | Lot 3 DP 502294 |
| Address | 9 Foley StreetGWYNNEVILLE NSW 2500 |
| Description | Second storey addition and amenities block |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The increase in FSR is justifiable on the grounds of planning objectives, future planning considerations; and location and streetscape compatibility in the context of the intent of FSR requirements. The proposed variation will not prevent the attainment of the zone objectives or the intent of the FSR requirements. | | Extent of variation | 23% |
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| Suburb | GWYNNEVILLE |
| Application | DA-2013/664 |
| Lot | Lot 2 DP 38009 |
| Address | 31 Murphys AvenueGWYNNEVILLE NSW 2500 |
| Description | Demolition of existing structures, construction of three townhouses, and strata subdivision to create three lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | The variation to the minimum site width will have only a minor impact. The reduced minimum site width has not prevented a suitable design. | | Extent of variation | Minimum site width = 18.0 metresApproved site width = 17.863 metres |
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| Suburb | GWYNNEVILLE |
| Application | DA-2018/435 |
| Lot | Lot 18 DP 36218 |
| Address | 27 Madoline StreetGWYNNEVILLE NSW 2500 |
| Description | Demolition of existing dwelling and construction of a 15 bed boarding house and associated works |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The proposal is considered to be consistent with the objectives of the zone as the proposal provides residential accommodation in close proximity to the University of Wollongong. The statement demonstrates that the proposed development will be in the public interest because it is consistent with the objectives of the R2 Zone as demonstrated above. The proposal is satisfactory with regard to the R2 objectives. The site is located in a residential zone with the adjoining zone to the North east being Infrastructure. While adjoining public recreation to the west. The proposal is located on Madoline Street and adds to the mixture of compatible land uses within the area whilst contributing to the residential accommodation stock of the locality.It is considered that the proposal will not significantly detract from the existing or proposed development, amenity of nearby residents or have an adverse impact on the efficient operation of the local road systems.The requested departure from the development standard will not hinder the attainment of the objectives specified in section 5(a)(i) and (ii) of the EP&A Act.As discussed above, the exception has been satisfactorily addressed and that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that that there are sufficient environmental planning grounds specific to the site to justify contravening the development standard.It is considered that strict compliance with the Floor Space Ratio development standard in the context of the proposal site would not result in any significant public benefit. | | Extent of variation | FSR 0.5:1Approved FSR 0.53:1 |
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| Suburb | HELENSBURGH |
| Application | DA-2007/115 |
| Lot | Lot 16 Sec C DP 2205 |
| Address | 20 Bulgo RoadHELENSBURGH NSW 2508 |
| Description | 2 lot subdivision |
| Variations | | Planning instrument | LEP 1990 | Clause | C13(B) Subdivision and Density Provisions | | Justification of variation | Concurrence grated by Director General on 24/05/07 | | Extent of variation | Permissible lot size 550 square metresApproved lot size 464 square metres |
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| Suburb | HELENSBURGH |
| Application | DA-2007/948 |
| Lot | Lot 1 DP 328006 |
| Address | 251 Princes HighwayHELENSBURGH NSW 2508 |
| Description | Demolish Existing Dwelling and Construct Replacement Single storey dwelling-house |
| Variations | | Planning instrument | LEP 1990 | Clause | C14(1) Dwelling-houses in Zone 1, 7b, 7d | | Justification of variation | Proposal is compatible with aims and objectives of Council's dwelling standards. Proposal is compatible with the amenity of the area and has no detrimental impacts on adjoining residents. Streetscape is not affected by the proposal.Concurrence of Director General granted 10/04/2008 | | Extent of variation | Clause 14(1)(c) Allotment must have an area of not less than 40HaApproved allotment has an area of 6633 square metresReplacement dwelling in 7D |
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| Suburb | HELENSBURGH |
| Application | DA-2014/1044 |
| Lot | Lot C DP 418808 |
| Address | 15 Foster StreetHELENSBURGH NSW 2508 |
| Description | Subdivision - Torrens title - two residential lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.1(3) Minimum subdivision lot size | | Justification of variation | Clause 4.1 states that the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. The Lot Size Map indicates that the minimum lot size for the land is 449m2. The proposal will result in the creation of a lot measuring 440.3m2 which is 8.7m2 less than the minimum. This equates to a 2% shortfall. The proposal is not dissimilar to what could be achieved with a Dual Occupancy development and subsequent Torrens Title Subdivision which is permitted via 4.1.4C. | | Extent of variation | The Lot Size Map indicates that the minimum lot size for the land is 449m2. The proposal will result in the creation of a lot measuring 440.3m2 which is 8.7m2 less than the minimum. This equates to a 2% shortfall. |
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| Suburb | HELENSBURGH |
| Application | DA-2015/666 |
| Lot | Lot 5 SP 89977 |
| Address | 5/21 Cemetery RoadHELENSBURGH NSW 2508 |
| Description | Industrial - construction of an internal storage mezzanine |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The 37.8sq.m mezzanine does not impact bulk or scale and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area.The application was referred to IHAP on 12 August 2015. All panel members concurred with the Council Officer's recommendation. | | Extent of variation | Permissible FSR: 0.5:1Approved FSR : 0.513:1 |
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| Suburb | HELENSBURGH |
| Application | DA-2015/827 |
| Lot | Lot 7 SP 89977 |
| Address | 7/21 Cemetery RoadHELENSBURGH NSW 2508 |
| Description | Industrial - first use as a depot (mobile food van) and construction of an internal storage mezzanine |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The 43.9sq.m mezzanine does not impact bulk or scale and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area. | | Extent of variation | Permissible FSR: 0.5:1Approved FSR: 0.515:1 |
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| Suburb | HELENSBURGH |
| Application | DA-2018/950 |
| Lot | Lot 2 SP 89977 |
| Address | 2/21 Cemetery RoadHELENSBURGH NSW 2508 |
| Description | Use of Units 2 and 3 as production of videos for entertainment, education and social media and use of constructed raised storage platforms (mezzanines) |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Works are internal and result in no increased bulk and scale, and no anticipated loss of amenity for surrounding development. | | Extent of variation | Variation to Clause 4.4 Floor space ratio of 0.55:1 or 10% variation (0.5:1 max) |
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| Suburb | HORSLEY |
| Application | DA-2009/1062 |
| Lot | Lot 118 DP 1096644 |
| Address | 18 Norman Clark CrescentHORSLEY NSW 2530 |
| Description | Single storey dwelling |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Minor increase to floor space ratio | | Extent of variation | The additional floor space equated to approx 8% of the overall floor space for the dwelling |
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| Suburb | HORSLEY |
| Application | DA-2010/388 |
| Lot | Lot 60 DP 1063539 |
| Address | 359 Bong Bong RoadHORSLEY NSW 2530 |
| Description | Two (2) lot subdivision |
| Variations | | Planning instrument | LEP 1990 | Clause | C13(1) Subdivision Zone 1 | | Justification of variation | SEPP1 submitted CL 13 WLEP 1990 | | Extent of variation | SEPP1 submitted CL 13 WLEP 1990 >10 % Minumum lot size |
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| Suburb | HORSLEY |
| Application | DA-2013/839 |
| Lot | Lot 307 DP 1165206 |
| Address | 9 Morson AvenueHORSLEY NSW 2530 |
| Description | Subdivision - Torrens title - thirteen residential lots |
| Variations | | Planning instrument | WLEP 2010 (West Dapto) | Clause | Clause 4.1 Minimum Lot Size | | Justification of variation | The applicant's submission in relation to Clause 4.6, variation to development standard, has been assessed and is considered to be well founded. In this instance, it is recommended that the variation to WLEP (WD) 2010 be supported. The proposed minimum lot sizes are consistent with the lot layouts for surrounding areas, will not adversely affect adjoining residences and are capable of accomodating a compliant dwelling. The application was referred to IHAP on 12 November 2013. All panel members concurred with the Council Officer's recommendation. | | Extent of variation | 13 residential allotements proposed, 10 lots are less than the minimum lot size as per WLEP (WD) 2010.Minimum lot size permitted: 450sqmApproved minimum lot size: 10 lots less than 450sqm, greater than 300sqm |
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| Suburb | KEIRAVILLE |
| Application | DA-2007/1425 |
| Lot | Lot 6 DP 843929 |
| Address | 2 Northfields AvenueKEIRAVILLE NSW 2500 |
| Description | Multi purpose sports hall with basement carpark and mezzanine level inside sports hall |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | Multi purpose sports hall with basement carpark and mezzanine level inside sports hall proposes a building of 12.9 metres at its highest ridge point above existing natural ground level for the purpose of providing adequate internal ceiling heights to allow a variety of indoor sports activities to be undertaken.Concurrence of Director General granted 31/11/07. | | Extent of variation | Height 11mConcurrance height 12.9 |
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| Suburb | KEIRAVILLE |
| Application | DA-2007/501 |
| Lot | Lot 1 DP 527353 |
| Address | 292-294 Gipps RoadKEIRAVILLE NSW 2500 |
| Description | Boarding House (Student Accommodation Comprising 76 Bedsit Units) with Commercial at Ground Floor (Three Tenancies) |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | IREP 1Concurrence of Director General granted on 12/11/2007 to height variation siting bulk and scale similar to a previous approval.LEP1990 C12Concurrence of Director General granted on 12/11/2007 citing the reason being that a building with a similar bulk and scale previously approved. | | Extent of variation | IREPHeight 11mConcurrance height 13.45LEP1990 C12Permissible FSR 0.75:1Approved FSR 1.02:1 |
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| Suburb | KEIRAVILLE |
| Application | DA-2008/1649 |
| Lot | Lot 6 DP 843929 |
| Address | 2 Northfields AvenueKEIRAVILLE NSW 2500 |
| Description | Demolition of existing structure andconstruction of academic building at the University of Wollongong - Smart Infrastructure facility |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | Height requested is consistent with other recent University buildings which have have been granted a variation concurrence under cl.139 of IREP 1 Concurrence granted on 5/12/08 | | Extent of variation | 20 metres height requested instead of the standard 11 metres |
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| Suburb | KEIRAVILLE |
| Application | DA-2008/557 |
| Lot | Lot 6 DP 843929 |
| Address | 2 Northfields AvenueKEIRAVILLE NSW 2500 |
| Description | Construction of stages 1 and 2 of the Illawarra Health and Medical Research Institute at the University of Wollongong |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | The building is located within the middle of the campus and consistent with the surrounding approved buildings, the impact of a 21m high building in this location is minimalConcurrence of Director General dated 24/04/08 | | Extent of variation | Height 11m Approved height 21m |
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| Suburb | KEIRAVILLE |
| Application | DA-2009/1128 |
| Lot | Lot 6 DP 843929 |
| Address | 2 Northfields AvenueKEIRAVILLE NSW 2500 |
| Description | Demolition of existing building and construction of academic and research building in two stages |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | In context with other developments within the University Campus | | Extent of variation | Height limit IREP 1 is 11m.Proposal requests 18m.Therefore the variation request is 61 %. |
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| Suburb | KEIRAVILLE |
| Application | DA-2009/1189 |
| Lot | Lot 6 DP 843929 |
| Address | 2 Northfields AvenueKEIRAVILLE NSW 2500 |
| Description | Integrated Development - Construction of student accommodation building with associated site works and services |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Development Applications-High Rise Buildings | | Justification of variation | The application requests consideration for a departure from the requirements of Clause 139 (2) (b) of Illawarra Regional Environmental Plan No. 1 (IREP No.1) 1986 (Deemed SEPP) for the general maximum height limitation of 11 metres.The application was referred to the Department of Planning with the Director General granting concurrence to the proposed building height above 11 metres in the following correspondence comments dated 14 October 2009.“I refer to your request for the concurrence of the Director General of the Department of Planning for the above application in relation to clause 139 (2) (b) of Illawarra Regional Environmental Plan No.1. I am pleased to advise that the Director General has decided to grant his concurrence to the proposed building height above 11 metres.” | | Extent of variation | The height of the proposed building varies due to the topography of the site and the architectural design elements.The average building height is four storeys (height 14 metres to the roof ridge) with some components of the building being five storeys in height above ground level (height 17.2 metres to roof ridge).The departure from the requirements of Clause 139 (2) (b) of the Illawarra Regional Environmental Plan No. 1 1986 is also supported by Council due to the proposed development being of similar bulk, scale and height as the existing University of Wollongong main campus development which consists of a range of buildings 3, 4 and 5 storeys in height. |
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| Suburb | KEIRAVILLE |
| Application | DA-2009/1189/A |
| Lot | Lot 6 DP 843929 |
| Address | 2 Northfields AvenueKEIRAVILLE NSW 2500 |
| Description | Integrated Development - Construction of student accommodation building with associated site works and servicesModification A - change to student accommodation unit mix with a reduction in building scale, mass, gross floor area, site coverage and carparking |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Development Applications-High Rise Buildings | | Justification of variation | The application requests consideration for a departure from the requirements of Clause 139 (2) (b) of Illawarra Regional Environmental Plan No. 1 (IREP No.1) 1986 (Deemed SEPP) for the general maximum height limitation of 11 metres. | | Extent of variation | The height of the proposed building varies due to the topography of the site and the architectural design elements.The departure from the requirements of Clause 139 (2) (b) of the Illawarra Regional Environmental Plan No. 1 1986 is also supported by Council due to the proposed development being generally reduced from the height that was approved under the original Development Consent DA-2009/1189. |
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| Suburb | KEIRAVILLE |
| Application | DA-2012/1194 |
| Lot | Lot 10 DP 867659 |
| Address | 25 Cedar GroveKEIRAVILLE NSW 2500 |
| Description | Residential - alterations and additions to dwelling house |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The applicant’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance it is recommended that Council supports this variation to the LEP 2009. The proposed design of the dwelling significantly improves theamenity of the building for the owners; it addresses the internal water issues currently experienced with the existing flat roof design.The application was referred to IHAP on 14 March 2013. All Panel members concurred with the Council Officer's recommendation. | | Extent of variation | Height 9mApproved Height 9.436m |
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| Suburb | KEIRAVILLE |
| Application | DA-2014/613 |
| Lot | Lot 1 DP 527353 |
| Address | 292-294 Gipps RoadKEIRAVILLE NSW 2500 |
| Description | Mixed use development (Shop Top Housing) comprising 17 residential units over three retail suites and basement carparking |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Council on the 21 May 2014 was returned of 100% assumed concurrence from the Director General of the DPE for exceptions to development standards due to Council implementing satisfactory internal processes in dealing with development applications that included such procedural matters as referral to the IHAP. This application was lodged on the 3 June 2014 and subsequently the exception can be assessed by Council accordingly.The extent of the non-compliance is restricted to the portion of land that has been excavated to accommodate the previous land use as a service station. It is expected that the proposal will present to the public domain, particularly Grey Street, as a compliant development. | | Extent of variation | Permissible Height - 9mApproved Height - 10m |
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| Suburb | KEMBLA GRANGE |
| Application | DA-2007/1790 |
| Lot | Lot 4 DP 1120230 |
| Address | 5 Keevers PlaceKEMBLA GRANGE NSW 2526 |
| Description | Designated and Integrated Development - construction and use of an asphalt batching plant and associated structures |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | Height 11mConcurrance height 24m | | Extent of variation | Height considered appropriate in context.Concurrence of Director General dated 10/06/08 |
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| Suburb | KEMBLA GRANGE |
| Application | DA-2008/769/C |
| Lot | Lot 6 DP 1120230 |
| Address | 61 Reddalls RoadKEMBLA GRANGE NSW 2526 |
| Description | Designated and Integrated Development - material recovery facility - licence under the Protection of the Environment Operations Act 1997 from the Department of Environment and Climate ChangeModification C - to increase height and FSR, delete condition 13 (bushfire matters) and enclose the green waste receival and shredding facility |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development both on the adjoining property and in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone.The application was referred to IHAP on 4 November 2014. All Panel members concurred with the Council Officer's recommendation. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009. | | Extent of variation | Clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009:Maximum permitted height 9mApproved height 16.56m |
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| Suburb | KEMBLA GRANGE |
| Application | DA-2011/1158 |
| Lot | Lot 51 DP 1162730 |
| Address | 1 Keevers PlaceKEMBLA GRANGE NSW 2526 |
| Description | Designated Development - Construct and use a bitumen premix plant and ancilliary infrastructure including administrative office and maintenance workshop. Subdivision to amalgamate Lot 4 DP 1120230 & Lot 51 DP 1162730. Operational hours are to be 24 hours per day and 7 days a week. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | A justification statement was submitted and considered satisfactory. The main height departure is for the mixing tower which is considered to have minor impact. The other height departure was the storage bins that are at the rear of the site and considered to have minimal impact. | | Extent of variation | 23m for the mixing tower and 10m for the storage bin building. |
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| Suburb | KEMBLA GRANGE |
| Application | DA-2011/1371 |
| Lot | Lot 50 DP 1162730 |
| Address | 73 Reddalls RoadKEMBLA GRANGE NSW 2526 |
| Description | Industrial Development - Three stage development: Construction and use of workshop/wash bay & office building and storage shed for the repair and maintenance of plant equipment and heavy vehicles including associated carparking and landscape works. |
| Variations | | Planning instrument | WLEP 2010 (West Dapto) | Clause | Clause 4.3(2) Height of Buildings | | Justification of variation | A justification statement seeking an exception to the development standard according to Clause 4.6(3) of WLEP (West Dapto) was provided by the applicant and it was considered by Council and supported.Concurrence granted by Director General on 28 November 2011. | | Extent of variation | Clause 4.3 - Height of BuildingsPermitted height 9mApproved height 11.3m |
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| Suburb | KEMBLA GRANGE |
| Application | DA-2013/829 |
| Lot | Lot 3 DP 1120230 |
| Address | 6 Keevers PlaceKEMBLA GRANGE NSW 2526 |
| Description | Designated Development - Industrial - construction and operation of a static asphalt plant and associated infrastructure |
| Variations | | Planning instrument | WLEP 2010 (West Dapto) | Clause | Clause 4.3(2) Height of Buildings | | Justification of variation | The requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan (West Dapto) 2010 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development both on the adjoining property and in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone.A delegate of The Director-General granted concurrence on 30 August 2013. | | Extent of variation | Clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan (West Dapto) 2010Maximum permitted height 9mApproved height 25.6m |
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| Suburb | KEMBLA GRANGE |
| Application | DA-2014/466/F |
| Lot | Lot 2 DP 561484 |
| Address | 212 Reddalls RoadKEMBLA GRANGE NSW 2526 |
| Description | Car storage facility and vehicle processing facility to provide shade cover parking for 20,000 carsModification F - amend condition 20 to enable buildings in excess of 9m high |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone.The application was referred to IHAP on 6 April 2016. All Panel members concurred with the Council Officer's recommendation. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009. | | Extent of variation | Clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009:Maximum permitted height 9mApproved height 12.93m |
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| Suburb | KEMBLA GRANGE |
| Application | DA-2016/358 |
| Lot | Lot 50 DP 879625 |
| Address | 1-3 Canterbury RoadKEMBLA GRANGE NSW 2526 |
| Description | Demolition of existing structures, clearing of vegetation, bulk earthworks, construction and use of a hardware and building supplies development including plant nursery and landscape supplies, associated roadworks including public infrastructure works (roundabout on Northcliffe Drive) and re-subdivision of five (5) lots into two (2) lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The proposal is considered to be consistent with the objectives of the zone as the proposal provides a business along main road providing employment opportunities and thus contributes to the economic and employment growth of the area as discussed above. The statement demonstrates that the proposed development will be in the public interest because it is consistent with the objectives of the B6 Zone as follows:The proposal is consistent with the objectives of the B6 Zone for the following reasons:•The proposed development will provide for a mix of compatible and permissible land uses on land bounded by two major arterial roads where only several small scale businesses and vacant land currently exist. This context will ultimately change as a consequence of changes to the arterial road network including the roundabout on Northcliffe Drive and the future road ‘flyover’ to the West Dapto urban release area to the west. Accordingly, the height of the proposed building needs to be considered in the context of this expansive road reservation and the contribution of the building to that future streetscape will be positive rather than overbearing or excessive;•The proposed development will provide for a hardware and building supplies land use which will be a major employment generator in this locality whilst also providing scope for a future bulky goods premises and residue land for similar or other permissible land uses which will also generate employment;•The proposed development does not contain traditional retail land uses such as speciality shops or supermarkets which are prohibited in the zone and thus will protect the economic strength of retail centres in the LGA;•The proposed hardware and building supplies building and potential for future bulky goods and similar land uses will generate employment and contribute to the economic growth of Wollongong;•The Site is bounded to the north and west by arterial roads, with industrial development to the north-east, private recreational and business uses to the south and semi-rural and residential development a significant distance to the south- west. Accordingly, the proposed development will not significantly detract from the operation of existing or proposed development in the locality;•The above assessment of shadow impact and the acoustic assessment by Wilkinson Murray demonstrate that the proposed development will not significantly detract from the amenity of residents on the south-western side of Northcliffe Drive or farther afield in terms of solar access or noise; and•The traffic assessment by TTPA demonstrates that the proposed development will not have an adverse impact upon the efficient operation of the surrounding road system.The proposal is satisfactory with regard to the above objectives.The proposal is satisfactory with regard to the above objectives. The site is located in a business zone with the adjoining zone to the North east being light industrial There is an area of rural/residential zoned land to the South west of the subject site. The wide road reserve of Northcliffe Drive separates the subject site from the rural zone. The proposal is located on corner of the Princes Highway and Northcliffe Drive both major roads and adds to the mixture of compatible land uses within the area whilst contributing to the economic and employment growth of the region.It is considered that the proposal will not significantly detract from the existing or proposed development, amenity of nearby residents or have an adverse impact on the efficient operation of the road system.The requested departure from the development standard will not hinder the attainment of the objectives specified in section 5(a)(i) and (ii) of the EP&A Act.As discussed above, the statement has satisfactorily demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that that there are sufficient environmental planning grounds specific to the site to justify contravening the development standard.It is considered that strict compliance with the Height of Buildings development standard in the context of the proposal site would not result in any significant public benefit. | | Extent of variation | Maxiimum Building Height for site is 11mApproved Maximum Building Height is 16.6m |
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| Suburb | LAKE HEIGHTS |
| Application | DA-2017/939 |
| Lot | Lot 24 DP 29874 |
| Address | 31 Kingsley DriveLAKE HEIGHTS NSW 2502 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | No justification | | Extent of variation | FSR 0.51:1 where maximum FSR is 0.5:1 |
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| Suburb | MARSHALL MOUNT |
| Application | DA-2012/828 |
| Lot | Lot 1 DP 209007 |
| Address | 143 North Marshall Mount RoadMARSHALL MOUNT NSW 2530 |
| Description | Subdivision - boundary adjustment |
| Variations | | Planning instrument | LEP 1990 | Clause | C13(1) Subdivision Zone 1 | | Justification of variation | The variation relates to the boundary adjustment of the existing allotment (Lot 1) with an area of 1.96 hectares that already does not comply with the minimum lot size required of 40 hectares. The proposed boundary adjustment will increase the area of Lot 1 by 3818m2 to 1.962 hectares and enable the existing associated boundary fence and structures to be contained wholly within Lot 1. As a result of the proposal the area of Lot 2 will decrease slightly with a total area of 50.43 hectares and thus remain compliant with the 40 hectare minimum lot size requirement. It is considered the proposed boundary adjustment will enable a more orderly use and management of the land, for both allotments and will not result in adverse impacts. Concurrence was granted by a delegate of the Director General on 6 September 2012. | | Extent of variation | Lot sizePermissible lot size 40 hectaresApproved lot size 1.962 hectares |
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| Suburb | MOUNT KEIRA |
| Application | DA-2013/777 |
| Lot | Lot 9 DP 1015275 |
| Address | 13 Cato PlaceMOUNT KEIRA NSW 2500 |
| Description | Residential - patio roof and extension to existing garage |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Justification provided by applicant. Variation minor, and acceptable in the circumstances. | | Extent of variation | Permitted FSR 0.3:1 Approved FSR 0.3114:1 |
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| Suburb | MOUNT KEIRA |
| Application | DA-2016/1430 |
| Lot | Lot 8 DP 1015275 |
| Address | 11 Cato PlaceMOUNT KEIRA NSW 2500 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The requested exception to clause 4.4 Floor Space Ratio of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that there sufficient environmental planning grounds specific to the site to justify contravening the development standard, and it is considered to meet the objectives of the standard and the E4 Environmental Living Zone. The application was referred to IHAP on 6 April 2016. All Panel members concurred with the recommendations of the Council Officer. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009. | | Extent of variation | The maximum floor space ratio in the E4 Environmental Living zone is 0.3:1 whereas the proposed is 0.39:1. |
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| Suburb | MOUNT KEIRA |
| Application | DA-2017/1448 |
| Lot | Lot 21 DP 1015275 |
| Address | 51 Gooyong StreetMOUNT KEIRA NSW 2500 |
| Description | Residential - dwelling house, swimming pool and tree removal |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | yes- determined by IHAP on 28/2/18 by way of approval. | | Extent of variation | <10% |
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| Suburb | MOUNT KEMBLA |
| Application | DA-2007/825 |
| Lot | Lot 38 DP 4264 |
| Address | 23 Stafford RoadMOUNT KEMBLA NSW 2526 |
| Description | Garage and store room additions |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Variation is minor and the proposal does not detract from the locality or amenity of the adjoining development. Additional FSR is located wholly within the existing building envelope. | | Extent of variation | Permissible FSR 0.3:1Approved FSR 0.326:1 |
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| Suburb | MOUNT PLEASANT |
| Application | DA-2007/1354 |
| Lot | Lot 10 DP 1008498 |
| Address | 21 Parrish AvenueMOUNT PLEASANT NSW 2519 |
| Description | Two storey dwelling-house and inground swimming pool |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Development satisfies the objectives of the zone and is consistent in character and scale with the surrounding approved development. The proposal is compliant with DCP 49 requirements in terms of setback and height.Concurrence of Director General granted 11/02/08. | | Extent of variation | Permissible FSR 0.3:1Approved FSR 0.36:1 |
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| Suburb | MOUNT PLEASANT |
| Application | DA-2008/1387 |
| Lot | Lot 1 DP 911000 |
| Address | Lot 1 New Mount Pleasant RoadMOUNT PLEASANT NSW 2519 |
| Description | Eight lot subdivision (no building/dwelling entitlement rights) and consolidation of all relevant land. |
| Variations | | Planning instrument | LEP 1990 | Clause | C13(B) Subdivision and Density Provisions | | Justification of variation | Proposal is consistent with objectives of the zone. The proposed subdivision will not interfere with the character or amenity of the locality as it will not alter the physical state of the sites. | | Extent of variation | Proposed lot 2 35%Proposed lot 3 15%Proposed lot 4 12%Proposed lot 5 74%proposed lot 7 62%Proposed lot 8 93% |
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| Suburb | MOUNT PLEASANT |
| Application | DA-2017/1727 |
| Lot | Lot 94 DP 1104170 |
| Address | 94 New Mount Pleasant RoadMOUNT PLEASANT NSW 2519 |
| Description | Residential - demolition of existing structures, tree removal, construction of multi unit development and Subdivision - Strata title |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | 18m minimum site width for multi-dwleling housing not achievable as the development site is triangular in shape with no rear boundary | | Extent of variation | 8% of site area has width less than 18m |
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| Suburb | MOUNT SAINT THOMAS |
| Application | DA-2008/1804 |
| Lot | Lot 11 DP 793912 |
| Address | 40 The AvenueMOUNT SAINT THOMAS NSW 2500 |
| Description | Two (2) lot torrens title subdivision |
| Variations | | Planning instrument | LEP 1990 | Clause | C13(B) Subdivision and Density Provisions | | Justification of variation | The objectives of the standard are achieved in this instance as the built form already exists for each of the proposed lots and the requirements for open space and car parking are satisfied. | | Extent of variation | 9% |
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| Suburb | NORTH WOLLONGONG |
| Application | DA-2006/1156/D |
| Lot | Lot 7 DP 33638 |
| Address | 14 Virginia StreetNORTH WOLLONGONG NSW 2500 |
| Description | Demolition of all existing structures/buildings and construction of a multi-unit residential flat building comprised of 4 x 3 bedroom, 23 x 2 bedroom and 9 x 1 bedroom units over basement parkingModification D - awning to penthouse level |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The development is considered satisfactory in regard to clause 4.6 as outlined below.(1) The objectives of this clause are as follows:(a) to provide an appropriate degree of flexibility in applying certain development standards to particulardevelopment,(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Development consent may, subject to this clause, be granted for development even though the development wouldcontravene a development standard imposed by this or any other environmental planning instrument. However, thisclause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Development consent must not be granted for development that contravenes a development standard unless the consentauthority has considered a written request from the applicant that seeks to justify the contravention of the developmentstandard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case,andGiven the existing approved building height, minor nature of the modification and location ofthe awning, compliance with the height control is considered unreasonable and unnecessary inthis case. There will be no amenity impacts arising on adjoining development and theappearance of the development will not alter significantly.(b) that there are sufficient environmental planning grounds to justify contravening the development standard.The awning increases the amenity of the subject unit through the provision of protection fromthe sun.(4) Development consent must not be granted for development that contravenes a development standard unless:(a) the consent authority is satisfied that:(i) equest has adequately addressed the matters required to be demonstrated bysubclause (3), andThe applicant has not provided a written request to vary the standard however given theminor nature of the variation and lack of any impacts Council has done this assessment.(ii) the proposed development will be in the public interest because it is consistent with the objectives of theparticular standard and the objectives for development within the zone in which the development is proposedto be carried out,The objectives of the height are as follows:(a) to establish the maximum height limit in which buildings can be designed and floor space can be achieved,(b) to permit building heights that encourage high quality urban form,(c) to ensure buildings and public areas continue to have views of the sky and receive exposure to sunlight.The proposal is consistent with these objectives as follows:The proposal does not exceed the existing approved maximum building height.The awning will not appreciably alter the appearance of the building and is consistent withthe approved built form.The awning will not impact on the skyline.The awning is considered to improve the amenity of the subject unit by providingprotection from the sun and a more practical private open space.The objectives for development in the R1 zone are as follows:To provide for the housing needs of the community.To provide for a variety of housing types and densities.To enable other land uses that provide facilities or services to meet the day to day needs of residents.The proposal is not considered to be contrary to any of these objectives.(b) the concurrence of the Director-General has been obtained.Provided. | | Extent of variation | 6.7% |
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| Suburb | NORTH WOLLONGONG |
| Application | DA-2007/337 |
| Lot | Lot 100 DP 1153120 |
| Address | 14-16 Pleasant AvenueNORTH WOLLONGONG NSW 2500 |
| Description | Demolition of existing 2 buildings, construction of a (5) storey building comprising of 12 x 3 bedroom apartments and 1 x 4 bedroom penthouse apartment over two levels of basement parking |
| Variations | | Planning instrument | WCCLEP 2007 | Clause | C21 Height of Buildings as per HOB map | | Justification of variation | Not an unreasonable request, no adverse amenity impactsDepartment of Planning has issued concurrence for the proposed height increase. | | Extent of variation | 16m building height permitted. 20.4 m height approved. |
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| Suburb | NORTH WOLLONGONG |
| Application | DA-2007/955 |
| Lot | Lot 304 DP 746634 |
| Address | Brandon Park68 Squires WayNORTH WOLLONGONG NSW 2500 |
| Description | Construction of new building to accomodate academic research and education/ training centre for transnational crime prevention |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | Concurrence granted by the Department of Planning 10/08/2007 | | Extent of variation | Height 11mConcurrance height 18.25 |
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| Suburb | NORTH WOLLONGONG |
| Application | DA-2015/639 |
| Lot | Lot B DP 345709 |
| Address | 10 Pleasant AvenueNORTH WOLLONGONG NSW 2500 |
| Description | Residential - Demolition of existing structures and construction of a 5 storey residential flat building over 2 levels of basement parking |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | It is considered that the proposed development has been designed appropriately with regard to the site constraints and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area. Only the southern portion of the land does not achieve the minimum site width, and a better built outcome would not be achieved if this portion was excluded from the development.The application was referred to IHAP on 21 October 2015. The IHAP panel members recommended some design issue changes to the development, namely, restricting the development to a height of 16 metres AHD, relocation of the bin storage area to the basement carpark level and some privacy to the adjacent ground floor balcony to unit 3, 6-8 Pleasant Avenue and lounge room windows of units 3, 5 and 7. The IHAP panel members indicated that the application could be approved under Council Officer delegation without the necessity of re-reporting back to IHAP, following the appropriate design changes to the proposed development. The revised proposal was subsequently endorsed by Council’s Manager Development Assessment & Certification (Acting). | | Extent of variation | Clause 7.14 requires a minimum site width of 24m for residential flat buildings. The site has frontage of 13.716m to Pleasant Avenue, expanding to a 30.175m rear boundary. |
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| Suburb | NORTH WOLLONGONG |
| Application | DA-2017/749 |
| Lot | Lot 122 DP 587977 |
| Address | 101 Montague StreetNORTH WOLLONGONG NSW 2500 |
| Description | Industrial - demolition of existing structures and construction of automotive service centre with associated carparking and riparian revegetation works |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Building height exceeded to address flooding constraints (elevated floor level) and accommodate necessary clearance for vehicle hoists for the proposed vehicle repair use. No adverse amenity or streetscape impacts arise from the variation. | | Extent of variation | 9.55% (9.86m building height proposed where 9m maximum height permitted) |
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| Suburb | OTFORD |
| Application | DA-2007/1929 |
| Lot | Pt Lot 10 Sec 8 DP 4591 |
| Address | 14 Lady Wakehurst DriveOTFORD NSW 2508 |
| Description | Replacement Dwelling - Stage 1 New Building Envelope, Stage 2 Demolition of Existing Dwelling and Construction New Dwelling |
| Variations | | Planning instrument | LEP 1990 | Clause | C14(1) Dwelling-houses in Zone 1, 7b, 7d | | Justification of variation | Compliance with the stadard will effectively sterilise the site. Surrounding site areas vary from 1000-9000 square metres. Creation of a 10Ha lot will require the consolidation of at least 30 surroounding properties.Concurrence of Director General dated 27/03/08 | | Extent of variation | Minimum allotment area must not be <10 Ha for existing holding with existing dwelling entitlement.Approved allotment area 8735 square metres |
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| Suburb | OTFORD |
| Application | DA-2012/987/B |
| Lot | Lot 52 DP 749935 |
| Address | 76-78 Station RoadOTFORD NSW 2508 |
| Description | Residential - demolition of existing dwelling and construction of new two storey dwelling house - modification to add additional bedroom and robe to upper level |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Council considers the applicant has provided sufficient planning grounds to justify contravening the Floor Space Ratio development standard such that the requirements of Clause 4.6 Exceptions to Development Standards of WLEP 2009 have been satisfied. The proposal it is considered will not increase the footprint of the approved dwelling, will have minimal environmental impacts, is comparative in scale to surrounding development, improve the built character and form of the dwelling and have minimal impact on the adjoining properties in terms of privacy, overshadowing and view loss. Concurrence was granted by the Director General on the 31/05/13. | | Extent of variation | Permitted FSR 0.3:1Approved FSR 0.356:1 |
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| Suburb | PORT KEMBLA |
| Application | DA-2007/498 |
| Lot | Lot 1 DP 606434 |
| Address | Lot 1 Five Islands RoadPORT KEMBLA NSW 2505 |
| Description | Demolition of existing building & construction of new Ammonium Sulphate storage building |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | The building is located within the middle of the Bluescope site and the impact of an 11m high building in this location is minimal | | Extent of variation | Height 11mApproved height 16m |
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| Suburb | PORT KEMBLA |
| Application | DA-2010/154 |
| Lot | Lot 1 DP 1138179 |
| Address | 8 Anzac WayPORT KEMBLA NSW 2505 |
| Description | Construction of a multi dwelling housing development comprising of eighteen (18) x two (2) storey townhouses with associated strata subdivision. Conversion of existing heritage item to communal open space |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | SEPP 1 variation submitted in relation to FSR. SEPP 1 considered to be suitable. Assumed concurrence exercised as the variation was less than 10% | | Extent of variation | Maximum permitted FSR 0.5:1Proposed FSR 0.51:1 |
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| Suburb | PRIMBEE |
| Application | DA-2018/204 |
| Lot | Lot 286 DP 9753, Lot 1 DP 42803 |
| Address | 192 Lakeview ParadePRIMBEE NSW 2502 |
| Description | Subdivision - Torrens title - two (2) lots and demolition of existing garage |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.1(3) Minimum subdivision lot size | | Justification of variation | see clause 4.6 statement - essentially zoning error | | Extent of variation | ~20% |
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| Suburb | RUSSELL VALE |
| Application | DA-2007/702 |
| Lot | Lot 4 DP 624800 |
| Address | 25 York PlaceRUSSELL VALE NSW 2517 |
| Description | Erection of Building to be Used for Light Industry (Lamination Shop) |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | This height is not envisaged to impact upon any adjoining properties as it is set well back from the boundaries and the adjoining property immediately north is an owned by the RTA and used as a depot and to the west of the site is the northern distributor and to the east is the railway line.The proposed colour scheme and the use of light windows provide visual interest to the large building. Furthermore, the landscaping will partly screen the building from the adjoining properties.Concurrance granted by Director General 23/7/2007 | | Extent of variation | Height 11mApproved height 13m |
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| Suburb | SCARBOROUGH |
| Application | DA-2016/234 |
| Lot | Lot 16 DP 253965 |
| Address | 14 Railway TerraceSCARBOROUGH NSW 2515 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | Reduction in FSR | | Extent of variation | FSR exceeds 0.5:1 permitted under LEP |
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| Suburb | STANWELL PARK |
| Application | DA-2008/509 |
| Lot | Lot 36 DP 7664 |
| Address | 4 Murrawal RoadSTANWELL PARK NSW 2508 |
| Description | Two (2) lot subdivision |
| Variations | | Planning instrument | LEP 1990 | Clause | C13(B) Subdivision and Density Provisions | | Justification of variation | SECTION 7.1 OF DCP49 ALSO ENABLES CONSIDERATION WHERE A PROPOSED ALLOTMENT ALREADY CONTAINS AN EXISTING DWELLING AND ADEQUATE OPEN SPACE AND AMENITY IS PRESERVED. APPLICANT PROPOSES TWO EQUAL SIZE ALLOTMENTS OF 506 SQ. METRES. | | Extent of variation | Permissible lot size 550 square metresApproved lot size 506 square metres |
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| Suburb | STANWELL PARK |
| Application | DA-2012/1311 |
| Lot | Lot 5800 DP 1132696 |
| Address | Hill Crest Home1A Railway CrescentSTANWELL PARK NSW 2508 |
| Description | Residential - seniors housing development comprising four independent living units and a 44 bed residential aged care facility (Stage 2) |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The applicant's submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The proposed design of the residential care facility significantly improves the useability of the structure and enables the lift overrun to be concealed as to minimise the impact of the proposal on the heritage value of Hillcrest House. Concurrence granted by Director General on 11/02/2013. The application was referred to IHAP on the 11 April 2013 and all panel members concurred with the officer's recommendation. | | Extent of variation | Maximum height permitted - 9mApproved height - 11.75m |
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| Suburb | THIRROUL |
| Application | DA-2007/575 |
| Lot | Lot 20 DP 815323 |
| Address | 70-74 Phillip StreetTHIRROUL NSW 2515 |
| Description | Alterations and additions to Lawrence Hargrave Private Hospital |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Conditionally approved on 6 November 2007 following Report to Council Meeting dated 5 November 2007 - Resolution Minute No.359 and with the NSW Department of Planning's Concurrence dated 23 July 2007 | | Extent of variation | Permitted FSR 0.3:1Approved FSR 0.52:1 |
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| Suburb | THIRROUL |
| Application | DA-2008/314 |
| Lot | Lot 100 DP 1104635 |
| Address | 264-270 Lawrence Hargrave DriveTHIRROUL NSW 2515 |
| Description | Change of use from commercial to residential |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | The variation to the IREP height was minor and also accepted by IHAP | | Extent of variation | 310mm above the11m IREP requirement. |
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| Suburb | THIRROUL |
| Application | DA-2008/314/B |
| Lot | Lot 101 DP 1126857 |
| Address | 264-270 Lawrence Hargrave DriveTHIRROUL NSW 2515 |
| Description | Change of use from commercial to residential – Modification B - minor increase in floor area, reduction in size of balconies and amendments to internal layout of Units 13 and 14 |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The applicant has provided sufficient justification for the proposed variation to the Floor Space Ratio development standard. The proposal has no impact on the bulk and scale of the development and does not alter the foot print of the approved development (as this is a modification to a previous consent). There are no external impacts arising from the increase in floor space ratio.The application was referred to IHAP on 26 November 2014. All Panel members concurred with the Council Officer's recommendation. | | Extent of variation | Permitted FSR 1.5:1Approved FSR 1.544:1 |
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| Suburb | THIRROUL |
| Application | DA-2008/716 |
| Lot | Lot 13 DP 1042495 |
| Address | 20 Jaraga CircuitTHIRROUL NSW 2515 |
| Description | Two storey dwelling-house, swimming pool and retaining walls |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The proposal is surrounded by two storey dwellings but is only single storey. It will not detract from the amenity of character of the area and satisfies the aims and objectives of the zone. | | Extent of variation | Permissible FSR 0.3:1Approved FSR 0.329:1 |
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| Suburb | THIRROUL |
| Application | DA-2013/815 |
| Lot | Lot 1 DP 189090 |
| Address | 346 Lawrence Hargrave DriveTHIRROUL NSW 2515 |
| Description | Residential - demolition of existing structures and construction of residential flat building (12 units) with basement carparking. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The exception relates to Clause 4.4 of Wollongong Local Environmental Plan 2009 (WLEP) 2009 which identifies that consent must not be granted for development which exceeds the maximum 0.75:1 Floor Space Ratio (FSR) for the R3 zone. The proposed development has an FSR of 0.97:1 which results from additional floor area, with part of the basement/podium extending more than 1.2m from natural ground level, which must be included within the FSR calculation. In effect the contravention results from the need to minimise excavation within the Tree Protection Zone (TPZ) of a Heritage listed Fig Tree within the site and additional car parking provision for the development, to that which is required by Council’s controls. | | Extent of variation | The proposed development has an FSR of 0.97:1. This exceeds the maximum FSR of 0.75:1 by almost 1/3. |
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| Suburb | THIRROUL |
| Application | DA-2014/1047 |
| Lot | Lot 14 SP 81272 |
| Address | 14/264-270 Lawrence Hargrave DriveTHIRROUL NSW 2515 |
| Description | Residential - multi dwelling housing |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The subject site is located of a land zone transition from commercial to residential. The subject site has a maximum height of 9m the properties immediately to the South and West have a maximum building height of 12m. The bulk and scale is suitabel for the low density environment and the proposal complies with Council's FSR control. Solar access to adjoining properties considered acceptable. Proposal satisfies objectives of the zone. The proposal is in keeping with the Thirroul area and current community expectations and will provide an improved land use outcome for the site. | | Extent of variation | Height 9mApproved Height 11.25m |
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| Suburb | THIRROUL |
| Application | DA-2017/1379 |
| Lot | Lot 1 DP 112275 |
| Address | 8 Railway ParadeTHIRROUL NSW 2515 |
| Description | Mixed use development - demolition of existing structures and construction of retail premises and nine (9) residential units, basement parking and associated landscaping works |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.13 Ground Floor dev on Business Zoned Land | | Justification of variation | Clause 7.13 Ground floor development on land within business zonesThe applicant has provided justification as to why compliance with the development standard is unreasonable or unnecessary and why two residential units on the ground floor should be enabled - as outlined within the IHAP report of 21 March 2018. Residential units designed to be located behind retail tenancy and having no impact on streetscape. | | Extent of variation | 2 ground floor units. |
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| Suburb | THIRROUL |
| Application | DA-2017/925 |
| Lot | Lot 7 Sec 4 DP 2185 |
| Address | 1 Harbord StreetTHIRROUL NSW 2515 |
| Description | Residential - demolition of existing dwelling, construction of dual occupancy and swimming pool and Subdivision - Strata title - two (2) lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The requested exception to development standard Clause 4.4 – Floor Space Ratio of Wollongong Environmental Plan 2009 is considered reasonable in the circumstances of the case. The applicant has provided adequate justification for the variation sought which demonstrates that strict compliance with the development standard is unreasonable and unnecessary. The application was referred to IHAP on 6 December 2017. All panel members concurred with the Council Officers recommendation subject to amendments. | | Extent of variation | Maximum FSR permitted: 0.5:1Approved FSR: 0.57:1 |
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| Suburb | TOWRADGI |
| Application | DA-2002/496/B |
| Lot | Lot 101 DP 1003529 |
| Address | 80 Towradgi RoadTOWRADGI NSW 2518 |
| Description | Proposed Commercial Office And 3 Terrace Town HousesModification B - use of alterations to roofline and heights, unit 2 and 3 balconies and windows, installation of solar panels and green roof area |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Height was approved at 9.1m - modification proposes to increase to 9.65m as built - built form is acceptable. | | Extent of variation | 7% |
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| Suburb | TOWRADGI |
| Application | DA-2007/612 |
| Lot | Lot 1 DP 1106357 |
| Address | 1 Steel StreetTOWRADGI NSW 2518 |
| Description | Demolition of exisitng dwelling house and construction of dual occupancy |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The proposed development is consistent with the objectives of the 2(a) zone as the dual occupancy retains a scale that is proportional to single detached housing. The proposal has less than the maximum allowable FSR of a single dwelling and has increased side boundary setbacks to adjoining properties.Concurrence granted by Director General 22/8/07 as Variation greater than 10% | | Extent of variation | Permissible FSR 0.3:1Approved FSR 0.35:1 |
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| Suburb | TOWRADGI |
| Application | DA-2008/455 |
| Lot | Lot 12 DP 38076 |
| Address | 25 Marlo RoadTOWRADGI NSW 2518 |
| Description | Convert existing garage to granny flat and construction of carport |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | Proposal complies with the aims and objectives of the zone and does not detract from the amenity of the area.Proposal complies with DCP 49.Concurrence by Director General dated 23/04/08 | | Extent of variation | Permissible FSR 0.3:1Approved FSR 0.38:1 |
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| Suburb | TOWRADGI |
| Application | DA-2014/286 |
| Lot | Lot 2 DP 857097 |
| Address | 440-450 Princes HighwayTOWRADGI NSW 2518 |
| Description | Education facility - refurbishment of existing buildings and construction of new buildings car parking and associated external works. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Concurrence granted by a delegate of the Director-General dated 24/06/2014.Height - The contravention to the height limit is required to provide for operational needs of the site for an appropriate outdoor recreational area on the roof terrace. The proposal is considered to be of high quality urban form and not to have unreasonable amenity impacts on the surrounding properties specifically in regard to views and sunlight received. Floor Space Ratio - The contravention to the floor space ratio is considered to have minimal impact due to the design of the building. The development is unlikely to result in unreasonable impacts on surrounding properties with regard to overshadowing, bulk and scale and visual impacts. Given the nature of the use for the site compliance with these two development standards is considered to be unreasonable in this instance. | | Extent of variation | Permitted height 9mApproved height 11.05mPermitted FSR 0.5:1Approved FSR 0.55:1 |
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| Suburb | UNANDERRA |
| Application | DA-2007/1067 |
| Lot | Lot 17 DP 250059 |
| Address | 25 Resolution DriveUNANDERRA NSW 2526 |
| Description | Construction of workshop and storage facility |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | Proposal within an Industrial Estate and business is to undertake crane maintenance. Height of 14.332 metres requested due to necessary crane infrastructure required in order to undertake such repairs. Precedent cited on adjoining property- Bisalloy Steel.Concurrence granted by Director General dated 16/01/08 | | Extent of variation | Height 11mConcurrance height 14.332 |
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| Suburb | UNANDERRA |
| Application | DA-2007/1644 |
| Lot | Lot 222 DP 806901 |
| Address | 28 Lady Penrhyn DriveUNANDERRA NSW 2526 |
| Description | Industrial workshop |
| Variations | | Planning instrument | IREP 1 | Clause | C139 Concurrence of the Director | | Justification of variation | Departure based on need for clearance for machinery used in metal fabrication process. Concurrence of Director general dated 18/03/08. | | Extent of variation | Height 11mConcurrance height 13.27 |
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| Suburb | UNANDERRA |
| Application | DA-2010/1697 |
| Lot | Lot 1 DP 1152593 |
| Address | 13 Investigator DriveUNANDERRA NSW 2526 |
| Description | Wind turbine |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Clause 4.6(3) WLEP 2009 Submission received and agreed to. | | Extent of variation | Clause 4.3(2) WLEP 2009 Permitted Height 11mApproved 16.2mConcurrence granted by DoP on 09 February 2011 |
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| Suburb | UNANDERRA |
| Application | DA-2012/627 |
| Lot | Lot 207 DP 261823 |
| Address | 275 Princes HighwayUNANDERRA NSW 2526 |
| Description | Subdivision - torrens title - two industrial lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The variation will have limited impact on surrounding development due to the existing physical segregation of the site by the retaining wall (existing). The topography of the site limits the ability for the site to be reasonably used for one use only given the restriction to being able to provide shared access and facilities. The increased floor area on proposed lot 1 results from a mezzanine level, which does not change the overall height or footprint of the building, and the bulk of which is not visually apparent. Given the variation is a 10% increase to the standard, a delegate of the Director General advised on 11/5/12 that Council may assume concurrence. | | Extent of variation | Permissible FSR 0.5:1Approved FSR 0.55:1Delegate of the Director General advised Council may assume concurrence on 11/5/12 |
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| Suburb | WARRAWONG |
| Application | DA-2008/165 |
| Lot | Lot 2 DP 517418 |
| Address | 127-129 King StreetWARRAWONG NSW 2502 |
| Description | Demolition of one unit and alterations and additions to bulky good retail complex |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The additional floor space does not create a building that is out of character with the surrounding area. The additional floor area is found in the mezzanine level and therefore does not add to the bulk of the building.It is considered that the proposed development achieves the aims and objectives of the zone. | | Extent of variation | Permissible FSR 0.5:1Approved FSR 0.52:1 |
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| Suburb | WARRAWONG |
| Application | DA-2018/323 |
| Lot | Lot 60 DP 10927 |
| Address | 30 Kemblawarra RoadWARRAWONG NSW 2502 |
| Description | Residential - demolition of existing structures and construction of multi dwelling housing |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | Less impact on neighbouring properties compared with a fully compliant design on the site. The site is an irregular shaped allotment of land and only a small portion of one of the nine units is located in the dog legged area at the rear that doesn't meet the minimum site width requirement. Alternate schemes were investigated and deemed of higher environmental impact. | | Extent of variation | Variation of 49% to the 18m Minimum Site Width Control for Multi Dwelling Housing under WLEP2009. |
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| Suburb | WEST WOLLONGONG |
| Application | DA-2010/507 |
| Lot | Lot 146 DP 7135 |
| Address | Gilmore Park Reserve StreetWEST WOLLONGONG NSW 2500 |
| Description | Replacement of existing timber light poles and fittings with 4 x 12m steel poles and new light fittings |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Variation submitted in accordance with Clause 4.6 of WLEP 2009. Variation to Clause 4.3 (height of buildings). Variation considered to be reasonable. Concurrence of Director General obtained 5/10/10 | | Extent of variation | Maximum permitted height 9mProposed height 12m |
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| Suburb | WEST WOLLONGONG |
| Application | DA-2011/17 |
| Lot | Lot 1 DP 784362 |
| Address | 418 Crown StreetWEST WOLLONGONG NSW 2500 |
| Description | Demolition of existing dwelling and removal of tree. Construction of four storey residential flat building containing 6 units and associated basement car park |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | WLEP 2009 - Clause 4.3The proposed development is considered to satisfy the objectives of the clause. The departure is minor and does not result in any unreasonable impacts on the amenity of nearby properties in terms of overshadowing, privacy, loss of views, loss of daylight or natural ventilation. The Director General's concurrence was granted for the proposed variation on 14 March 2011.The IHAP unanimously recommended that the application be approved on 3 May 2011WLEP 2009 - Clause 7.14The proposed development is considered to satisfy the objectives of the clause. The site is considered to be an existing isolated allotment that is restricted from amalgamation due to the existing development on the eastern and western boundaries.The Director General's concurrence was granted for the proposed variation on 14 March 2011.The IHAP unanimously recommended that the application be approved on 3 May 2011 | | Extent of variation | WLEP 2009 - Clause 4.3Maximum allowable height - 9mProposed height 10.12m12.44% variationWLEP 2009 - Clause 7.14Minimum required site width - 24mProposed site width - 18.7m22% variation |
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| Suburb | WEST WOLLONGONG |
| Application | DA-2013/949 |
| Lot | Lot 105 DP 25391 |
| Address | 35 Yellagong StreetWEST WOLLONGONG NSW 2500 |
| Description | Residential - eight attached townhouses, alterations to existing dwelling, demolition of existing outbuildings |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | A statement addressing clause 4.6 Exceptions to development standards of WLEP 2009 was submitted with the application. The reduced site width affects the front of the site only, and expands to dimensions of approximately 49 metres by 49 metres, which is appropriate for multi-dwelling housing. The shortfall is minor, and has not prevented a suitable design. | | Extent of variation | Required = 18 metres Approved site width = 16.46 metres. The shortfall of 1.54 metres represents an 8.5% variation. |
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| Suburb | WEST WOLLONGONG |
| Application | DA-2014/1665 |
| Lot | Lot 1 DP 784362 |
| Address | 418 Crown StreetWEST WOLLONGONG NSW 2500 |
| Description | Residential - demolition of existing structures and construction of multi dwelling housing |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The height restriction map indicates that a maximum height limit of 9m applies to the subject site. The proposed development has a height of 9.4m at the highest point.The applicant's submission in relation to Clause 4.6 variation to development standards is considered well founded and demonstrates that strict compliance with the development is unreasonable and unnecessary. Therefore it is recommended that the variation to the WLEP 2009 be supported.The application was referred to IHAP on 24 June 2015. All panel members concurred with the Council Officers recommendation. | | Extent of variation | Exceeds the height by 400mm considered minimal. |
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| Suburb | WINDANG |
| Application | DA-2008/362 |
| Lot | Lot 14 DP 14600 |
| Address | 115 Ocean StreetWINDANG NSW 2528 |
| Description | Two storey dwelling-house |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The proposed dwelling exceeds the FSR by approx 19.0m2 or 6.9%. The additional area is a storage area at the back of the garage which is not visible from the street and as the property backs onto a reserve the additional area does not impact on the rear neighbour. | | Extent of variation | Permissible FSR 0.5:1Approved FSR 0.54:1 |
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| Suburb | WOLLONGONG |
| Application | DA-1998/275/B |
| Lot | Lot 703 DP 854202 |
| Address | 10 Thomas StreetWOLLONGONG NSW 2500 |
| Description | 15 Units & 76 Msq Commercial Space with parking for 23 CarsModification B - increase building height from 7 storeys to 8 storeys. Floor layout changes increasing the number of units from 15 to 25. Increase parking from 23 to 31 spaces with the addition of basement parking. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The development does not result in any unreasonable impacts on the amenity of nearby properties in terms of overshadowing, privacy, loss of views, loss of daylight or natural ventilation. | | Extent of variation | 1.8m over the height limit of 24m |
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| Suburb | WOLLONGONG |
| Application | DA-2002/953/A |
| Lot | Lot A DP 155025 |
| Address | 11 West StreetWOLLONGONG NSW 2500 |
| Description | Alterations And Additions and Use as OfficeModification A - modification to internal layout |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | The additional FSR is being added wholly within the building. There is no impact of additional bulk and scale. Traffic impact considered satisfactory. | | Extent of variation | Variation from 0.5:1 to 0.9: FSR |
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| Suburb | WOLLONGONG |
| Application | DA-2003/1680/F |
| Lot | Lot 45 DP 1080717 |
| Address | 17 Kembla StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing structures and construction of an eight (8) storey residential unit building comprising nine (9) x two (2) bedroom units and ten (10) x three (3) bedroom units with basement parking for 31 vehiclesModification F - modification to raise levels 700mm |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Building originally approved prior to gazettal of LEP 2009 at 29.0m; gazettal of LEP limited height to 24.0m; variation to height of 700mm considered acceptable in light of previous consent. DoP of the view concurrence not required as assumed concurrence granted with original consent; IHAP concurred. | | Extent of variation | Height 24mApproved height 29m |
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| Suburb | WOLLONGONG |
| Application | DA-2006/1525/C |
| Lot | Pt Lot B DP 367260 |
| Address | 68 Cliff RoadWOLLONGONG NSW 2500 |
| Description | Demolition of building and construction of six storey residential flat building comprising five units. Modification C to reduce number of units to 3, internal rearrangement of floorplan, changes to elevations, deletion of one storey and deletion of 3 car parking spaces |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Building HeightException to development standard under Clause 4.3 Building Height. Maximum building height permitted is 16m and proposed building height is 17.24m. The proposed building height is lower than the previously approved maximum building height of 18.77m by 1.49m and has a lesser impact than the existing approval.Minimum Site WidthException to development standard under Clause 7.14 Minimum Site Width. Minimum site width required for residential flat buildings is 24m, and existing site width is 15.392m. Site is an isolated lot and unable to be amalgamated to achieve minimum site width. Site has a previous approval for a residential flat building on the site. Department of Planning and Infrastructure has granted their concurrence. | | Extent of variation | Building height7.5%Minimum site width36% |
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| Suburb | WOLLONGONG |
| Application | DA-2007/1094 |
| Lot | Lot 43 Sec 5 DP 1258 |
| Address | 24 Young StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing buildings and the construction of an 8 storey commercial building with 3 levels of basement parking |
| Variations | | Planning instrument | WCCLEP 2007 | Clause | C22D Building separation | | Justification of variation | Draft LEP to amend Clause 22D building separation | | Extent of variation | Draft LEP to amend Clause 22D building separation - to remove requirement |
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| Suburb | WOLLONGONG |
| Application | DA-2007/603 |
| Lot | Lot 101 DP 627403 |
| Address | 21-23 Denison StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing buildings and the construction of two 10 storey commercial towers with 3 levels of basement parking |
| Variations | | Planning instrument | WCCLEP 2007 | Clause | C22 Floor Space Ratio as per the FSR Table | | Justification of variation | The excess floors space is contained solely within the carpark basement which does not contribute to the bulk and scale of the building nor hinder the achievement of the zone objectives. | | Extent of variation | 16% |
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| Suburb | WOLLONGONG |
| Application | DA-2008/1030 |
| Lot | Lot 1 DP 1127807 |
| Address | 150 Kembla StreetWOLLONGONG NSW 2500 |
| Description | Minor alterations and additions and the use of the completed structure as a residential dwelling |
| Variations | | Planning instrument | LEP 1990 | Clause | C12 Floor Space Ratios | | Justification of variation | The proposed increase in FSR is essentialy the enclosing of a balcony which is located under the existing roof line of the dwelling and is considered to not have any additional impact with regard to visual bulk and scale or ammenity of adjoining properties.The strict application of the FSR requirement is considered unnecessary in the circumstances to achieve the objectives of the requirementand the objects of the Act.The applicants SEPP No. 1 Objection is considered to be well founded. | | Extent of variation | Permissable FSR 0.5:1Approved FSR 0.53:1 |
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| Suburb | WOLLONGONG |
| Application | DA-2009/1312 |
| Lot | Lot 47 DP 975638 |
| Address | 106 Kembla StreetWOLLONGONG NSW 2500 |
| Description | Demolition of building and construction of a mixed use development |
| Variations | | Planning instrument | WCCLEP 2007 | Clause | C22A Minimum Building Street Frontage | | Justification of variation | The applicant made genuine attempts to purchase the adjoining property and was unsuccessful. Council was of the opinion that strictly enforcing this control would be unreasonable in this instance. The proposal did not result in any unreasonable impacts on amenity of nearby properties in terms of overshadowing, privacy and views, loss of daylight or natural ventilation. It was not of excessive bulk and was consistent with all other provisions of WCCLEP 2007 and WCCDCP 2007 with the exception of minor variations. | | Extent of variation | 58% |
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| Suburb | WOLLONGONG |
| Application | DA-2009/1582 |
| Lot | Lot 2 DP 1080428 |
| Address | 25 Atchison StreetWOLLONGONG NSW 2500 |
| Description | Construction of a thirteen (13) storey commercial development |
| Variations | | Planning instrument | WCCLEP 2007 | Clause | C22D Building separation | | Justification of variation | Variation submitted in accordance with Clause 24 WCC LEP 2007. Considered to be reasonable and supported by Southern Region Joint Regional Planning Panel. Concurrence of Director General obtained 23/04/10 | | Extent of variation | Reduced building separation provided to the northern boundary |
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| Suburb | WOLLONGONG |
| Application | DA-2009/282 |
| Lot | Lot 1 DP 723467 |
| Address | 54 Kembla StreetWOLLONGONG NSW 2500 |
| Description | Twenty-one (21) lot strata subdivision of serviced apartment building |
| Variations | | Planning instrument | WCCLEP 2007 | Clause | C22F Serviced Apartments | | Justification of variation | Variation to Clause 22F sought using Clause 24. Variation to Residential Flat Design Code considered to be acceptable. Concurrence of Director General obtained 3/02/10 | | Extent of variation | Building does not comply with Residential Flat Design Code |
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| Suburb | WOLLONGONG |
| Application | DA-2010/1415 |
| Lot | Lot 37 DP 10704, Lot 38 DP 10704, Lot 39 DP 10704, Lot 40 DP 10704, Lot 41 DP 10704, Lot 42 DP 10704, Lot 5 DP 13047, Lot 6 DP 13047, Lot A DP 340379, Lot C DP 348551, Lot 2 DP 395582, Lot A DP 411527 |
| Address | 22-30 Gladstone AvenueWOLLONGONG NSW 2500 |
| Description | The application proposes a mixed use development involving the construction of two (2) x nine (9) level buildings over one (1) level of basement carparking and two (2) x eight (8) level buildings over one level of basement parking. Each building consists of ground floor commercial with residential above comprising a total of 9 commercial units and 207 residential units with 316 carparking spaces. The development will be constructed in two (2) stages but is not staged for the purposes of the Act. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Variation submission made in accordance with Clause 4.6. Considered to be reasonable and supported by JRPP. Concurrence of Director General obtained 12/01/11 | | Extent of variation | 0m separation requiredProposed separation 8m proposed |
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| Suburb | WOLLONGONG |
| Application | DA-2010/1503 |
| Lot | Lot 11 DP 68930, Lot 1 DP 232667 |
| Address | 134-140 Keira StreetWOLLONGONG NSW 2500 |
| Description | Proposed commercial building over basement parking |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Variation statement submitted in accordance with Clause 4.6. Variation considered to be acceptable and concurrence of Director General obtained 17/03/11 | | Extent of variation | Maximum permitted height 16mProposed height 18m |
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| Suburb | WOLLONGONG |
| Application | DA-2010/1670/C |
| Lot | Lot 113 Sec 1 DP 1258, Lot 114 Sec 1 DP 1258 |
| Address | 12 New Dapto RoadWOLLONGONG NSW 2500 |
| Description | Demolition of existing structures and proposed construction of residential apartment building comprising 6 x 1 bed, 26 x 2 and 2 x 3 bed apartments above basement parking and storageModification C - modify height of building due to lift overrun |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | refer to Assessment Report- lift overrun installed and found to breach the 16m height limit. | | Extent of variation | 16m height limit applies under Clause 4.3 of WLEP 2009. 16.12m proposed. |
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| Suburb | WOLLONGONG |
| Application | DA-2010/1682 |
| Lot | Lot 1 DP 509597, Lot 10 DP 540641 |
| Address | 47 Burelli StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing commercial building and construction of a multi-storey commercial/residential building and land subdivision (rationalisation of existing allotment boundaries) |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | The applicant provided a detailed variation statement in relation to Clause 8.6 as required by Clause 4.6 of WLEP 2009. The justification was considered to be acceptable. The concurrence of the Director General of the Department of Planning was granted and the proposal was supported by the JRPP. | | Extent of variation | The standard requires a 0m building separation to the eastern boundary for that part of the building up to street frontage height. A building separation distance of 12m to the neighbouring building to the east is proposed to facilitate the provision of an open pedestrian walkway adjacent to the eastern boundary as required by Chapter D13 of WDCP 2009. |
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| Suburb | WOLLONGONG |
| Application | DA-2010/37 |
| Lot | Lot 52 Sec 3 DP 1258 |
| Address | 46 Loftus StreetWOLLONGONG NSW 2500 |
| Description | Demolition of structures and construction of an 8 storey building containing cafe, medical consulting rooms and day surgery includingloading dock and 4 levels of basement parking for 108 cars |
| Variations | | Planning instrument | WCCLEP 2007 | Clause | C21 Height of Buildings as per HOB map | | Justification of variation | Variation submitted in relation to Clause 21 under Clause 24 of Wollongong City Centre LEP 2007. Height considered to be reasonable and approved by JRPP. Concurrence of Director General obtained 3/03/10 | | Extent of variation | Maximum permitted height 32mProposed height 32.9m |
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| Suburb | WOLLONGONG |
| Application | DA-2010/709 |
| Lot | Lot 10 Sec 2 DP 979807 |
| Address | 11 Atchison StreetWOLLONGONG NSW 2500 |
| Description | Mixed use development comprising of ground floor commercial uses and fifty (50) residential apartments over basement parking |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Variation submitted Clause 4.6 WLEP 2009 in relation to Clause 8.6 Building Separation. Submission supported. Concurrence granted by Director General on 7/07/10 | | Extent of variation | Reduced setback to north and south |
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| Suburb | WOLLONGONG |
| Application | DA-2010/905 |
| Lot | Lot B DP 154804 |
| Address | 2 Burelli StreetWOLLONGONG NSW 2500 |
| Description | Mixed use development comprising ground level commercial and 41 apartments over 14 levels with 2 basement parking levels. |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Variation statement in accordance with Clause 4.6 submitted in relation to Clause 8.6. Considered to be acceptable and supported by JRPP. Concurrence of Director General obtained 6/10/10 | | Extent of variation | Required separation 0m to street frontage heightProposed separation to street frontage height of building |
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| Suburb | WOLLONGONG |
| Application | DA-2010/993 |
| Lot | Lot 701 DP 701536 |
| Address | 141 Crown StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing building and construction of three storey commercial building |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.4 (2) Minimum building street frontage | | Justification of variation | Variation made in accordance with Clause 4.6 of WLEP 2009 seeking exception to Clause 8.4. Variation request considered to be satisfactory. Concurrence of Director General granted 17/09/10 | | Extent of variation | Min building street frontage requirement 20mSite has a street frontage of 10.06m. |
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| Suburb | WOLLONGONG |
| Application | DA-2011/770 |
| Lot | Lot 102 DP 1162470 |
| Address | 3 Rawson StreetWOLLONGONG NSW 2500 |
| Description | Construction of a mixed use development |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Building separation cl 8.6 WLEP 2009 - Refer to Council's report to JRPP 2 December 2011 for details | | Extent of variation | Building separation cl 8.6 WLEP 2009 - Refer to Council's report to JRPP meeting 2 December 2011 for details |
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| Suburb | WOLLONGONG |
| Application | DA-2011/862 |
| Lot | Lot 12 DP 37759 |
| Address | 11 Stewart StreetWOLLONGONG NSW 2500 |
| Description | Commercial - demolition of existing building and construction of a mixed use four (4) storey development |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Clause 8.4 - variation statement provided in accordance with clause 4.6. Isolated allotment and not physically possible to achieve necessary site width. See TRIM record Z12/46027 for full justification. Clause 8.6 - Building separation provided is considered to satisfy the objectives of the clause and also is satisfactory with regards to the setback controls for WDCP 2009. | | Extent of variation | Clause 8.4 - 28% variation (20m site width required - 14.319m provided).Clause 8.6 - 20m required and 4.5m provided. 77.5% variation. |
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| Suburb | WOLLONGONG |
| Application | DA-2012/1308 |
| Lot | Lot 43 Sec 5 DP 1258 |
| Address | 24 Young StreetWOLLONGONG NSW 2500 |
| Description | Commercial premises - construction of a four (4) storey building |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.4 (2) Minimum building street frontage | | Justification of variation | Objective of the standard is not hindered. The application was peer reviewed internally and by IHAP. | | Extent of variation | Clause 8.4 WLEP 2009 minimum site width varied. Minimum lot width required is 20m; the subject site has a width of 10m. |
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| Suburb | WOLLONGONG |
| Application | DA-2012/1471 |
| Lot | Lot 1 DP 152797 |
| Address | 18 Kembla StreetWOLLONGONG NSW 2500 |
| Description | Residential - Residential Flat Building - comprising of 6 x 1 bed units and 18 x 2 bed units over basement parking with demolition of existing structures |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | Clause 4.6 variation statement submitted | | Extent of variation | Required to be 24m however site is only 15m |
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| Suburb | WOLLONGONG |
| Application | DA-2013/1061 |
| Lot | Lot 3 DP 17709 |
| Address | 82A Cliff RoadWOLLONGONG NSW 2500 |
| Description | Residential - demolition of existing structures and the construction of a four storey residential flat building consisting of three units |
| Variations | | Planning instrument | WLEP 2009 | Clause | c7.14 (1, 2) Minimum site width | | Justification of variation | Applicant considers that compliance with 24m site width would prohibit the redevelopment of the site for a residential flat building of any kind. Applicant considers design of building on reduced site width does not lead to any adverse impacts. | | Extent of variation | 10 metres |
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| Suburb | WOLLONGONG |
| Application | DA-2013/1419 |
| Lot | Lot 4 DP 13990 |
| Address | 10 Regent StreetWOLLONGONG NSW 2500 |
| Description | Construction of a 29 level (including basements) mixed use development incorporating retail, commercial, hotel, function, recreational and residential uses |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | The existing adjoining building has a nil setback to the shared boundary, it does not contain residential uses and the relevant part of the southern elevation has no openings. | | Extent of variation | Between nil and 3.3m, where 12m is required |
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| Suburb | WOLLONGONG |
| Application | DA-2013/462 |
| Lot | Lot 44 DP 8682 |
| Address | 33 Staff StreetWOLLONGONG NSW 2500 |
| Description | Residential - demolition of two existing cottages and construction of 15 units and subdivision - strata title - 15 residential lots |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Insufficient justification | | Extent of variation | <10% |
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| Suburb | WOLLONGONG |
| Application | DA-2013/986 |
| Lot | Lot 2 DP 70662, Lot 1 DP 71070, Lot A DP 396278 |
| Address | Oxford Hotel47-51 Crown StreetWOLLONGONG NSW 2500 |
| Description | Mixed use development including demolition of existing structures and construction of 18 commercial units, 135 residential units and two levels of basement parking |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Justification provided under clause 4.6. 0m separation s building share a common wall on boundary | | Extent of variation | 0m setback instead of 20m separation |
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| Suburb | WOLLONGONG |
| Application | DA-2014/589 |
| Lot | Lot 2 DP 564910 |
| Address | 172-174 Keira StreetWOLLONGONG NSW 2500 |
| Description | Commercial - ground level and awning refurbishment and BCA compliance works |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4A Floor space ratio Wollongong City Centre | | Justification of variation | Additional floor space was predominantly internal (removal of non-compliant fire stairs), with minor increase in ground floor area (less than 12sqm). No adverse impacts with regard to bulk or scale. | | Extent of variation | Permitted FSR 1.5:1Approved FSR 1.65:1 |
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| Suburb | WOLLONGONG |
| Application | DA-2014/956 |
| Lot | Lot 300 DP 827624 |
| Address | Howard Court27A Stewart StreetWOLLONGONG NSW 2500 |
| Description | Seniors Living Development comprising 75 independent living units, car parking, cafe, activity spaces and partial demolition of existing building |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The proposed height occurs in the northern part of the floorplate, only on Level 7. The proposed building separation of the southern section of Levels 2-4 is 14m, where 20m is required.The application was lodged on 12 August 2014, and therefore Council’s assumed concurrence applies. The requested exception to clauses 4.3(2) and 8.6(3) are considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variations and demonstrates that strict compliance with the development standards.The design intent accommodates a number of limiting factors in addition to the sun plane control (e.g. the desire to provide landscape connection through the site from Pioneer Rest Park to Stewart Street, the need for comfortable separation between the proposed building and existing Howard Court and desire to limit overshadowing into the central courtyard).Provision of an alternative complying design would have likely resulted in a deeper floorplate which may not have incorporated the central courtyard and which may have cast a longer shadow over the building and Howard Court.Similarly, building separation is unnecessary as none of the relevant rooms has openings on the eastern elevation. Privacy, noise transmission and general amenity will not be adversely affected by the reduced distance. It is noted that the objectives of both the building height and separation clauses are satisfied. The application was determined by the JRPP on 8 May 2015. All panel members concurred with the Council Officer's recommendation. | | Extent of variation | HeightPermissible height: 24m. Approved 26.23mBuilding separation:Required separation 20m. Approved separation 14m |
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| Suburb | WOLLONGONG |
| Application | DA-2015/1052 |
| Lot | Lot 201 DP 1149577 |
| Address | 35 Kenny StreetWOLLONGONG NSW 2500 |
| Description | Shop top housing/mixed use development |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | No adverse impacts on amenity for occupants or adjoining properties with regard to privacy or solar access. Variation results in desirable built form and is conssitent with objectives of Clause 8.6.The application was referred to IHAP on 20 July 2016. The Panel agreed with the officer’s recommendation for approval. | | Extent of variation | Permissible building separation under Clause 8.6(3)(b) - minimum 16m between habitable and any other buildingApproved building separation under Clause 8.6(3)(b) - minimum 3.64m |
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| Suburb | WOLLONGONG |
| Application | DA-2015/1655 |
| Lot | Lot 4 DP 13990 |
| Address | 10 Regent StreetWOLLONGONG NSW 2500 |
| Description | Construction of a twenty-two storey shop top housing development incorporating 151 residential apartments, 10 retail spaces, gymnasium, child care centre and 209 basement parking spaces |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | WLEP 2009 clause 8.6 building separation (2)(a). Compliance unreasonable as objective of clause best satisfied by the departure. The existing adjoining building has a side setback of 4.63m and so nil separation between the proposed and existing adjoining building is not able to be achieved. Adequate environmental planning grounds include design excellence achieved by design of the relevant southern elevation, where the curved framing portal is more effective within a side setback. The proposed separation achieves privacy and amenity for the proposed and adjoining building. DA has been to Design Review Panel and JRPP. | | Extent of variation | 3m setback provided to Rawson Street (western boundary) at levels 1-4, where nil setback required |
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| Suburb | WOLLONGONG |
| Application | DA-2015/389 |
| Lot | Lot 1 DP 1108384 |
| Address | 25 Stewart StreetWOLLONGONG NSW 2500 |
| Description | Alterations and additions to existing Aldi Store and carpark reconfiguration |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Existing store is already above the maximum 400sq.m limitation and the use is not changing. Proposal does not detract from the city centre objectives of WLEP2009. | | Extent of variation | 490 square metres |
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| Suburb | WOLLONGONG |
| Application | DA-2016/1073 |
| Lot | Lot 1 DP 782358 |
| Address | 31 Atchison StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing structures and the construction of a shop top housing development comprising a 12 storey building comprising 1 retail/business premises, a child care centre with places for 61 children on the ground floor, 44 residential apartments, and two levels of basement car parking |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | The applicant provided a statement in accordance with Clause 4.6 for the departure. Departures evident to the northern and southern side boundaries of the building above and below street frontage height. Defensive design approach has been taken to both elevations to ensure that any privacy and amenity concerns are resolved.The applicant's submission was considered to appropriately address Clause 4.6. The objectives of the standard and zone objectives will be achieved despite the non-compliance. | | Extent of variation | Below street frontage height, clause 8.6(3)(a) requires 20m separation between dwellings. It is not possible to achieve compliance to that part of the building below street fontage height due to the location of the neighbouring dwellings to the immediate north and south of the site. To that part of the building above street frontage height, the proposed setback is 8m which will provide a separation distance of 14m to the neighbouring building to the north. Clause 8.6(3)(a) requires a separation distance of 20m Above street frontage height, clause 8.6 requires |
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| Suburb | WOLLONGONG |
| Application | DA-2016/1354 |
| Lot | Lot 26 Sec 2 DP 979376 |
| Address | 43 Atchison StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing structures on site and construction of a shop top housing development containing 203 residential apartments, two (2) levels of commercial/retail floor space, four (4) basement parking and servicing levels and associated landscaping and services |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | 1. Clause 4.4 - FSR. Variation sought in relation to the B6 zoned portion of the site, being the portion of road reserve to be closed to form part of the site. The FSR for the site overall, if calculated using Clause 4.4A over the whole site area, would be compliant. The departure was supported as the zone objectives were met, the objectives of the development standard are met despite the departure and the applicant's submission was consistent with the requirements of Clause 4.6.2. Clause 4.3 - Building Height. Variation sought in relation to the B6 zoned portion of the site, being the portion of road reserve to be closed to form part of the site. The applicant's submission addressed Clause 4.6 and the development will be consistent with the objectives of the zone and the development standard despite the departure. Further, no unreasonable impacts will arise from the departure. 3. Clause 8.6 - variation to the northern boundary adjacent to dwelling at 41 Atchison Street, Wollongong.The reduced separation distance comes about due to the placement of the neighbouring dwelling. It is expected that with redevelopment of this site, a continuous street wall may be achieved. The applicant's submisison addressed Clause 4.6. The development is consistent with the zone objectives and the objectives of the development standard despite the departure. Variation also sought in relation to the separation distance between Blocks A and B. A 10m separation is proposed; Clause 8.6(3)(a) requires a 20m separation distance. The design appropriately overcomes any concerns with regard to amenity. The development is consistent with the objectives of the standard despite the non-compliance and the applicant's submission addressed Clause 4.6. | | Extent of variation | 1. Clause 4.3 Building Height in relation to that part of the site zoned B6 which is subject to a 9m height limit; proposed height is 60m. 2. Clause 4.4 Floor Space Ratio (FSR) maximum permissible FSR of 0.5:1. The FSR of the development occupying the road closure allotment is 2.632:1.3. Clause 8.6 Building Separation - variation to the northern boundary adjacent to 41 Atchison Street - 16m separation distance required; approximately 7m proposed. Variation between towers A and B within the development - 10m separation proposed; 20m required. |
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| Suburb | WOLLONGONG |
| Application | DA-2016/1557 |
| Lot | Lot 9 DP 10704 |
| Address | 385A Crown StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing structures and construction of hotel development |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | The departure is consistent with the objectives of standard and the B3 Commercial Core | | Extent of variation | Clause 8.6(3)(b) which requires that any part of a dwelling be setback 16 metres from any other part of any other buildingProposal provides for a setback to the southrn boundary of 6m. |
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| Suburb | WOLLONGONG |
| Application | DA-2016/1719 |
| Lot | Lot 1 DP 1202226 |
| Address | 38 Atchison StreetWOLLONGONG NSW 2500 |
| Description | Mixed use development - ground and mezzanine level commercial with 92 residential apartments over two (2) basement carparking levels |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Departure is a technical non-compliance as a result of the location of the neighbouring buildings. With redevelopment it is expected that a continuous street edge will be achieved. The development is consistent with the zone objectives and the objectives of the development standard despite the departure. | | Extent of variation | 3.5m to northern boundary; 1.0m to southern boundary. 0m separation distance required to achieve a continuous street edge. |
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| Suburb | WOLLONGONG |
| Application | DA-2016/635 |
| Lot | Lot 9 Sec 2 DP 10566 |
| Address | 36 Rowland AvenueWOLLONGONG NSW 2500 |
| Description | Residential - demolition of existing structures and construction of residential flat building |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The proposal satisfies the objectives of the R1 GeneralResidential zone and the objectives of Clause 4.3.Independent Hearing and Assessment Panel considered the application on 16 December 2016 and supported Council recommendation of deferred commencement consent subject to some amendments of the proposal not related to the variation request. | | Extent of variation | The Height of Building Map provides for a maximum buildingheight of 16m for the site. The applicant proposes a maximumheight of the building 17.9m or a non compliance of 1.9m (11.8%). |
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| Suburb | WOLLONGONG |
| Application | DA-2016/823 |
| Lot | Lot 2 DP 535694 |
| Address | St Marks429 Crown StreetWOLLONGONG NSW 2500 |
| Description | Place of public worship - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | Replacement steeple exceeds the maximum 9m height limit however is the same height as the existing steeple to be demolished. Replacement steeple is necessary to retain prominence of the church's built form. | | Extent of variation | Replacement steeple has a height of 23.81m, thereby exceeding the 9m height limit by 14.81 metres. |
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| Suburb | WOLLONGONG |
| Application | DA-2016/969 |
| Lot | Lot 2 DP 153824, Lot 3 DP 153824 |
| Address | 48 Bank StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing structures and construction of shop top housing comprising ground floor commercial and six residential levels with basement parking |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Objectives of Clasue 8.6 and zone objectives have been satisfied & sufficient planning grounds to justify variation provided. Reduced building separation will not compromise visual amenity, privacy, overshadowing outcomes for existing or future buildings.The application was referred to IHAP on 26 April 2017 at which time the IHAP panel deferred the application requiring amended plans and additional information for a number of matters, including waste management, lack of deep soil planting, inadequate building separation in the north-west corner of the site, access to communal open space and functionality of the landscape space, main bedrooms relying on highlight windows for daylight access on the northern elevation, insufficient information on whether the existing building did not fall within the definition of Low Rental Residential Building and additional accessible parking on basement levels 1 and 2. At the 26 April 2017 meeting, IHAP indicated that the matter did not need to come back to IHAP once these issues were addressed.The matters were satisfactorily addressed and a Section 79C Assessment Report was completed on 5 July 2017 recommending approval of the development subject to appropriate conditions. | | Extent of variation | 20m separation distance between habitable parts of dwellings where minimum 7m separation distance proposed. |
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| Suburb | WOLLONGONG |
| Application | DA-2017/1462 |
| Lot | Lot 1 DP 509597, Lot 10 DP 540641 |
| Address | 47 Burelli StreetWOLLONGONG NSW 2500 |
| Description | Demolition of all structures, and the construction of a seven (7) storey office building for IMB bank with two basement car parking levels for 89 car parking spaces |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Compliance with standard is unnecessary as there are no unreasonable impacts arising and the development is consistent with the objectives of the standard and the B3 zone. The setbacks proposed reflect the prevailing built form character in the governance/ civic precinct where buildings are generally setback from boundaries and do not present a continuous street wall to Burelli Street. The non-compliant building separation distances provided better respond to the character of the precinct and thus the setbacks proposed provide a superior built form outcome. The proposed setback to the eastern boundary allows east-facing windows in this facade and solar access to the building to the east. | | Extent of variation | Variations sought to Clause 8.6(2)(a) and (b) in relation to the southern and eastern boundaries of the site. To the eastern boundary, the development provides a 3.1m setback for Levels 1-5 (zero separation required); and a 3.1m setback at Level 6 which, combined with the approximate 7.5m setback of Corporate Square, does not meet the required 12m separation. To the southern boundary of the site, the majority of the ground floor is setback 5.66m (zero separation distance required); Levels 1 -5 are setback 3.79m (zero separation required). |
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| Suburb | WOLLONGONG |
| Application | DA-2017/493 |
| Lot | Lot 1 DP 66347, Lot 1 DP 69724, Lot 1 DP 746944 |
| Address | Langs Building95-109 Crown StreetWOLLONGONG NSW 2500 |
| Description | Commercial - demolition of existing building and construction of new commercial premises comprising of offices and retail tenancies |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Clause 8.6 - Building Separation within B3 zone. Building separation to adjoining western site varied to maintain key view corridor and minimise overshadowing to adjacent heritage item and maintain desired street frontage at the entrance to Crown Street mall. | | Extent of variation | Clause 8.6(2)(b) requires a 12m separation distance from any other building between the street frontage height to 45m. The proposed building is located a minimum of 4.42m from the boundary (and adjoining building) on Level 2. |
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| Suburb | WOLLONGONG |
| Application | DA-2017/831 |
| Lot | Lot 8 SP 75088 |
| Address | 8/10 Harbour StreetWOLLONGONG NSW 2500 |
| Description | Residential - alterations and additions |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | The applicant has provided an exemption request prepared in accordance with Clause 4.6 of Wollongong LEP 2009. The matter was considered and determined by the IHAP. | | Extent of variation | The approved building height is 17.495m whereas Clause 4.3 specifies a maximum height limit of 16m. |
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| Suburb | WOLLONGONG |
| Application | DA-2018/313 |
| Lot | Lot 90 DP 654200 |
| Address | 2 Frederick StreetWOLLONGONG NSW 2500 |
| Description | Residential - demolition of existing structures and construction of a boarding house development |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.3(2) Height of buildings | | Justification of variation | 17.76m approved, 11% variation | | Extent of variation | The height of the building exceeds the 16m height limit due to the lift overrun with proposed a height of 17.76m. A Clause 4.6 submission was submitted with the Development Application. The proposed height variation was supported on the basis that the objectives of Clause 4.3 Height of Buildings under WLEP 2009 have been met and it is considered that the development will not lead to adverse visual or environmental impacts. The Clause 4.6 Statement provided reasonable justification that the development achieves the objectives of Clause 4.3, the objectives of the R1 zone and has sufficient planning grounds to justify the variation. The variation request was considered at the WLPP meeting of 17 October 2018 and approval was granted. |
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| Suburb | WOLLONGONG |
| Application | RD-2014/512/A |
| Lot | Lot 32 DP 8682 |
| Address | 28 Staff StreetWOLLONGONG NSW 2500 |
| Description | Demolition of existing buildings and construction of nine storey residential flat building comprising 34 apartments, 40 carparking spaces and ground floor medical suite |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4A Floor space ratio Wollongong City Centre | | Justification of variation | Application refused | | Extent of variation | application refused |
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| Suburb | WOLLONGONG |
| Application | DA-2018/973 |
| Lot | Lot B DP 358466 |
| Address | 28 Young StreetWOLLONGONG NSW 2500 |
| Description | Residential - demolition of existing structures and construction of a 15 storey mixed use development comprising seven (7) commercial tenancies, 64 residential apartments and car parking for 90 vehicles |
| Variations | | Planning instrument | WLEP 2009 | Clause | c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed | | Justification of variation | Clause 8.6 - Building separation within Zone B3 Commercial Core or Zone B4 Mixed Use: This clause requires that (2) Buildings on land within Zone B3 Commercial Core or B4 Mixed Use must be erected so that:(a) there is no separation between neighbouring buildings up to the street frontage height of the relevant building or up to 24 metres above ground level whichever is the lesserThe proposal satisfies this requirement. The podium however contains residential units and therefore subclause 3) applies which states (3) Despite subclause (2), if a building contains a dwelling, all habitable parts of the dwelling including any balcony must not be less than:(a) 20 metres from any habitable part of a dwelling contained in any other building, and(b) 16 metres from any other part of any other building.A suitable clause 4.6 variation has been provided. The objective of this clause is to ensure sufficientseparation of buildings for reasons of visual appearance,privacy and solar access.The visual appearance of the building is consideredsatisfactory. A suitable degree of articulation is provided aswell as a mixture of materials and finishes which add visualinterest to the building. The facades are articulated toensure there are no undesirable expanses of one materialand to provide some light and shade.No concerns are raised in regard to visual privacy. Theadjoining development to the south is a two storeycommercial building constructed on the boundary with noopenings. The land to the north similarly contains a singlecommercial building.No concerns are raised in respect of acoustic privacy.Solar access to the units within the development oradjoining buildings is not compromised by the variation.The objectives of the zone are as follows:• To provide a wide range of retail, business, office,entertainment, community and other suitable land usesthat serve the needs of the local and wider community.• To encourage appropriate employment opportunities inaccessible locations.• To maximise public transport patronage and encouragewalking and cycling.• To strengthen the role of the Wollongong city centre asthe regional business, retail and cultural centre of theIllawarra region.• To provide for high density residential developmentwithin a mixed use development if it:(a) is in a location that is accessible to publictransport, employment, retail, commercial andservice facilities, and(b) contributes to the vitality of the Wollongong citycentre.The proposed variation is not considered to compromisethe achievement of these objectives. | | Extent of variation | A zero setback up to street frontage height is proposed for levels containing residential units. |
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| Suburb | WONGAWILLI |
| Application | DA-2010/368 |
| Lot | Lot 202 DP 1017684 |
| Address | 60 Smiths LaneWONGAWILLI NSW 2530 |
| Description | Six (6) lot subdivision |
| Variations | | Planning instrument | LEP 1990 | Clause | C13(3) Subdivision Zone 1, 7a, 7b, 7d | | Justification of variation | To correct an anomaly in the standard LEP Instrument cl 4.1 relating to minimum allotment size in split zoned allotments. | | Extent of variation | GREATER THAN 10% |
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| Suburb | WOONONA |
| Application | DA-2018/1172 |
| Lot | Lot 1 DP 31616 |
| Address | 5 The CircleWOONONA NSW 2517 |
| Description | Mixed Use Development - demolition works with alterations to existing shop and construction of shop top housing - one (1) x two (2) bedroom apartment |
| Variations | | Planning instrument | WLEP 2009 | Clause | c4.4(2) Floor space ratio | | Justification of variation | small size of subject allotment, provision of shop top housing consistent with zone and in close proximity to transport | | Extent of variation | 9% |
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