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Wollongong City Council

Variation to Development Standards Register

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Showing 1 - 49 of 239 items
ApplicationApplication ApplicationDA-2022/73
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date11-05-2022
LotLot LotLot 4 DP 260927
AddressAddress Address9 Old Coast Road STANWELL PARK NSW 2508
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - alterations and additions to existing dwelling and new swimming pool
SuburbSuburb SuburbSTANWELL PARK
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThere are no identifiable adverse impacts in allowing the variation of 3% Floor Space Ratio. The non compliance is relatively minor being less than 6 sq m in area. The additional floor space is not visible from the street. It will not affect the character or form of development. The proposal is generally compliant with Council's controls and there are no other LEP and/or DCP variations.
ExtentExtent ExtentThe proposed FSR of 0.309 exceeds the 0.3:1 maximum by 3% .
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2021/656
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date27-04-2022
LotLot LotLot 250 DP 1062570
AddressAddress Address110 Lawrence Hargrave Drive AUSTINMER NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionConversion of existing dual occupancy to residential flat building containing three (3) sole occupancy units and Subdivision - Strata title - three (3) lots
SuburbSuburb SuburbAUSTINMER
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.14 (1, 2) Minimum site width
JustificationJustification JustificationThe applicant has adequately addressed the matters required to be demonstrated by subclause (3) of Clause 4.6. The proposal is considered consistent with the zone objectives and the objectives as detailed for minimum site width under WDCP2009 and therefore despite the development departure, the development is considered within the public interest.
ExtentExtent ExtentClause 7.14(2) Minimum site width (2) Development consent must not be granted for development for the purposes of a residential flat building unless the site area on which the development is to be carried out has a dimension of at least 24 metres. The minimum width of the site is 14.47m whilst the maximum width is 20.435m.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2020/677
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date04-04-2022
LotLot LotLot 1 DP 1256499
AddressAddress Address30 Ellen Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core; B6 Enterprise Corridor
DescriptionDescription DescriptionMixed Use Development - demolition of existing structures, construction of 272 apartments across two residential towers incorporating commercial/retail spaces over three (3) levels of basement parking and level 1 parking, and a 100 place childcare centre
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings; c4.4(2) Floor space ratio; c4.4A Floor space ratio Wollongong City Centre; c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationClause 4.6 variation not supported
ExtentExtent ExtentNot supported
Concurring AuthorityConcurring Authority Concurring Authority
ApplicationApplication ApplicationDA-2021/344
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date08-03-2022
LotLot LotLot 10 DP 38803
AddressAddress Address328 Gipps Road KEIRAVILLE NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing dwelling and ancillary structures, removal of 15 trees and construction of three (3) townhouses with basement parking
SuburbSuburb SuburbKEIRAVILLE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.14 (1, 2) Minimum site width
JustificationJustification JustificationGiven that the development is consistent with the objectives of the zone, the proposed departure to the site width is considered negligible and capable of support benefitting the public.
ExtentExtent Extent1.2%
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2021/979
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date24-02-2022
LotLot LotLot 16 DP 9274
AddressAddress Address26 Paterson Road COALCLIFF NSW 2508
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbCOALCLIFF
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe proposal is for alterations and additions to a single dwelling house are modest and considered not out of character with nearby and surrounding residential development in this locality. The proposal is considered consistent with the E4 Environmental Living zone objectives and the objectives as detailed for the Floor Space Ratio standard under WLEP2009 and therefore despite the development departure, the development is considered within the public interest.
ExtentExtent ExtentThe maximum floor space ratio for the land is 0.3:1. The proposal seeks a floor space ratio of 0.32:1. The maximum gross floor area is 167.22sqm and proposed exceeds this by 12.98sqm. The departure sought to the development standard is 7.76%.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2021/1399
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date07-02-2022
LotLot LotLot 21 DP 7143
AddressAddress Address1 The Grove AUSTINMER NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - alterations and additions and deck
SuburbSuburb SuburbAUSTINMER
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe justification for the variation to the FSR requirement is as follows: The proposal is consistent in bulk and scale to surrounding developments, and no change to this is proposed. The additional 5.6m2 of GFA is a minor numerical non-compliance. The proposal is consistent in scale with the surrounding residential premises whilst providing for a variety of housing types and built forms. The proposed works are minor in nature and will result in no adverse amenity impacts on surrounding properties whilst providing for good internal amenity for future occupants. The proposed breach in itself does not adversely impact adjoining development by way of overshadowing, privacy or views There is an absence of environmental harm associated with the non-compliance with the standard.
ExtentExtent ExtentThe proposal contains a variation of an additional 5.6m2 of GFA in excess of the maximum 0.5:1 FSR, comprising an area of 1.8% of the total building volume and a 1.8% exception to the standard.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2021/775
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date22-12-2021
LotLot LotLot 30 DP 8450
AddressAddress Address231 Lawrence Hargrave Drive COALCLIFF NSW 2508
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - alterations and additions to existing dwelling, including partial demolition and tree removal, and construction of attached secondary dwelling
SuburbSuburb SuburbCOALCLIFF
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationThe requirements of Clause 4.6 of WLEP 2009 have been satisfied.The proposal is considered consistent with the E4 zone objectives and the objectives as detailed for the Clause 4.3 Height of buildings development standard under WLEP2009 and therefore despite the development departure, the development is considered within the public interest.
ExtentExtent ExtentThe proposal proposes a height of 9.35m.The maximum building height for the land is 9m. The departure sought to the development standard is 3.9%.The departure relates to a small part of the roof towards the rear of dwelling (eastern end).
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2021/321
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date20-12-2021
LotLot LotLot 1 DP 830398
AddressAddress Address429-431 Princes Highway WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)SP3 Tourist
DescriptionDescription DescriptionMixed Use Development comprising retail shops, gymnasium, childcare centre, basement parking and six (6) awning signs
SuburbSuburb SuburbWOONONA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification Justification• The proposal is considered to achieve the objectives of the development standard; • The proposal is considered to achieve the objectives of the SP3 Zone; • There are sufficient planning grounds to vary the height of building development standard in this circumstance for the following reasons: - The 0.95m exceedance of the height limit is due to the lift over-run of the second lift dedicated to provide a secure point of access separate to that of the other uses in the building and enable compliance with Child Care Planning Guideline. - The 0.45m exceedance of the 11m height limit by the roof slab is due to site topography and the need to adopt consistent FFL’s to the first and second floor which provides for a better functionality outcome for the recreation facility and the child care centre than a split level floor would otherwise provide. - The additional height is not anticipated to result in detrimental environmental planning outcomes, with respect to adverse solar access, or visual or acoustic privacy impacts on site, or to neighbouring properties. - The departure to the height standard furthers the objects of the Environmental Planning and Assessment Act 1979 as set out below: • To promote the orderly and economic use and development of land; • To promote good design and amenity of the built environment through the provision of suitable finished levels to the development and the provision of lift access.;
ExtentExtent ExtentLift Overrun: 8.6% Roof: 3.6% Skylights: 0.13% Solar Panels: 0.7%
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2020/1342
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date07-12-2021
LotLot LotLot 11 DP 562677
AddressAddress Address404 Princes Highway CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures, tree removals and construction of a residential flat building comprising 14 units with associated basement carparking, landscaping and services infrastructure
SuburbSuburb SuburbCORRIMAL
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification Justification
ExtentExtent Extent
Concurring AuthorityConcurring Authority Concurring Authority
ApplicationApplication ApplicationDA-2021/840
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date16-11-2021
LotLot LotLot 13 DP 219589
AddressAddress Address51 Montague Street NORTH WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionIndustrial - construction of two (2) additional warehouse units and Subdivision - Strata title - two (2) lots
SuburbSuburb SuburbNORTH WOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationVariation to building height supported as it is minor will have minimal environmental or amenity impacts. Not visible from any public place, no adverse overshadowing visual impacts. 9m max building height. Small portion of the building is over this height with maximum being 9.745m
ExtentExtent Extent8.27%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2021/809
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date16-11-2021
LotLot LotLot 17 DP 263884
AddressAddress Address3 Ralph Black Drive NORTH WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionAlterations and additions to building to use as self-storage units
SuburbSuburb SuburbNORTH WOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe Panel considered the written clause 4.6 variation to the floor space ratio development standard and accepted that compliance was unnecessary and unreasonable in the circumstances of this case due to the internal nature of the proposed works which result in the variation. The proposal is consistent with zone objectives and objectives of FSR, all works are internal and no impacts on neighbouring sites.
ExtentExtent Extent0.96:1 (FSR restriction is 0.5:1), resulting in a variation of 92%
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2021/705
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date23-09-2021
LotLot LotLot 1 DP 37747
AddressAddress Address32 Foley Street GWYNNEVILLE NSW 2500
Zoning(s)Zoning(s) Zoning(s)B1 Neighbourhood Centre
DescriptionDescription DescriptionConstruction of community facility SAHSSI Safe Place
SuburbSuburb SuburbGWYNNEVILLE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationClause 4.6 provided suitably demonstrating compliance under the circumstances unreasonable and unnecessary. Sufficient planning grounds were established along with it being consistent with both the objectives of the zone and the standard.
ExtentExtent Extent1.7%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2020/1465
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date14-09-2021
LotLot LotLot 1 DP 87188
AddressAddress Address15-19 Crown Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionMixed use development - construction of a 13 storey residential flat building over a ground level commercial premise and one (1) level of basement parking
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationClause 8.6 - Building Separation: It has been demonstrated that 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.
ExtentExtent ExtentVaries from nil to 62%
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2021/238
DecisionDecision DecisionDeferred Commencement
Determination DateDetermination Date Determination Date20-08-2021
LotLot LotLot 11 DP 1129850
AddressAddress Address105 Yallah Road YALLAH NSW 2530
Zoning(s)Zoning(s) Zoning(s)C2 Environmental Conservation; IN2 Light Industrial
DescriptionDescription DescriptionIndustrial - 32 units including kiosk/takeaway food premises, earthworks, installation of infrastructure, removal of trees, signage and Subdivision - Strata title - 33 lots
SuburbSuburb SuburbYALLAH
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationIn summary the justification relies on compliance with the height 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.
ExtentExtent Extent8.94% variation to 9m height control. Proposed height 9.805m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2020/1458
DecisionDecision DecisionDeferred Commencement
Determination DateDetermination Date Determination Date14-07-2021
LotLot LotLot 10 Sec A DP 15742
AddressAddress Address6 Dudley Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of a six (6) storey residential flat building comprising of 27 units with basement level car parking and lot consolidation
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification Justification• The proposed exceedance is only related to part roof and lift overrun structures and cannot be used for habitable purposes. • The exception enables the use of the rooftop area for function communal open space. • The development largely complies with the numerical standards of the LEP and DCP. • The development is consistent with the objectives of the R1 zone; • The contravention will not limit the potential for adjoining sites to be developed to their future capabilities. • The site has a notable topographic profile which makes strict compliance difficult to achieve. • The proposed building height is minor and not of context with the locality and permitted height limits.
ExtentExtent ExtentA building height of 16m applies to the site. A proposed building height of 17.96m is proposed for the lift overrun and part of the communal open space roof structure. 12.25% variation
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2021/178
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date23-06-2021
LotLot LotLot 9 Sec A DP 2693
AddressAddress Address401 Lawrence Hargrave Drive SCARBOROUGH NSW 2515
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of a dwelling house
SuburbSuburb SuburbSCARBOROUGH
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationClause 4.6 submitted by the applicant considered acceptable. Details within the assessment report. Departure within council delegation as per concurrnece from DPIE.
ExtentExtent Extent9.7%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2021/252
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date17-06-2021
LotLot LotLot 102 DP 228539
AddressAddress Address10 Sturt Place BULLI NSW 2516
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbBULLI
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationFurther amendments to the plans reduced the bulk and possible adverse impacts to the surroundings. Satisfactory compliance with the objectives for the Clause and zone.
ExtentExtent Extent9.7% departure
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2020/805
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date04-06-2021
LotLot LotLot A DP 369644
AddressAddress Address56-64 Asquith Street AUSTINMER NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - dual occupancy and tree removal
SuburbSuburb SuburbAUSTINMER
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationThe particular circumstances for this are as follows: • The site has a topography characterised by a level plateau adjoining Asquith Street and a steep decline southward down to a watercourse located approximately 5.3m below the proposed ground level. The land then steeply inclines from the watercourse towards the southern property boundary some 20 metres higher adjoining properties located on Hill Street. The natural ground level at the rear boundary directly behind the proposed building location is approximately 18.8m above the proposed ridge height of unit 2. This type of terrain prevails west of the railway line in Austinmer particularly in Asquith Street and Hill Street. The relationship between the proposal and the topography of the site is demonstrated in figures 1 -3 below. The 9m height plane mapping the terrain is indicated in red. • The height of the building when viewed from Asquith Street measured from proposed ground level to ridge line is 7.69m. The ground level has been located as close as practicable to natural ground and generally is located beneath the level of the street. This is the viewpoint that should be considered when assessing the perceived bulk and scale of the proposal. The house when viewed from the street has a rising tree covered backdrop. • The proposed contravention of the development standard equates to a variation of 9.44% for a small section of the building, however this is of minor significance in the context of the development and the nature of adjoining development. It should be noted that the section requested for variation does not exceed other parts of the building that comply. The variation is a result of the terrain dropping away from the street and the columns required effectively becoming longer to accommodate the undulation in the topography. See Figures 1 – 3 below. The proposed dwelling has been designed appropriately given the nature and characteristics of the site. The development is considered low scale being two storeys above natural ground and presents a high level of finish to the dominant facades and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area. Particular to this proposed development, the variation sought for the proposed building height will not have a significant impact on the visual impact of the proposal when viewed from the streetscape due to the height variation being sought only for the rear of the building which cannot be seen from the street. The section of the dwelling that requires a variation has the same ridge height as the rest of the building which complies. • There will be no unacceptable adverse environmental impacts as a result of the proposed development and the outcome will not result in a negative impact in relation to visual impact, loss of views, loss of privacy or overshadowing of adjoining properties considering both existing and future allowable development. • The proposal is considered to be satisfactory having regard for other provisions of the WLEP2009 and the relevant chapters of WDCP2009 • The proposed bulk and scale of this development is considered appropriate for this location and will not detrimentally affect the visual appearance of the area with the location of the variation being sought in this instance being towards the rear. • The area of the dwelling that requires variation does not increase the visual impact of the dwelling when viewed from the street
ExtentExtent ExtentThe proposed height of 9.85 metres exceeds the height limit less than 10% (9.44%).
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2020/1274
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date01-06-2021
LotLot LotLot 1 DP 1073935
AddressAddress Address40 Moore Street AUSTINMER NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionAlterations to existing shop top housing and minor alterations to cafe
SuburbSuburb SuburbAUSTINMER
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationDeparture from Clause 4.4 Floor Space Ratio. Existing shop top housing exceeds FSR by 10% already. Site is significantly smaller at 235m2 than miniumum lot size of 449m2. Clause 4.6 adequately addressed.
ExtentExtent ExtentProposed additional 18m2 of GFA which converts to an additional 0.08 FSR.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2012/766/A
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date26-05-2021
LotLot LotLot 317 DP 1106412
AddressAddress Address164 Shearwater Drive LAKE HEIGHTS NSW 2502
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - dual occupancy and two lot strata title subdivision Modification A - addition of constructed and partially constructed rooms to both lower levels
SuburbSuburb SuburbLAKE HEIGHTS
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationNot provided
ExtentExtent Extent4.8%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2019/96
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date26-05-2021
LotLot LotLot 1 DP 793327
AddressAddress AddressNovotel Northbeach 2-14 Cliff Road NORTH WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)SP3 Tourist
DescriptionDescription DescriptionNovotel Northbeach - addition of suite to existing rooftop level
SuburbSuburb SuburbNORTH WOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationL&E Court determined applying the height standard was unreaonable or unnecessary and the porposal was in the public interest.
ExtentExtent Extent7.55m = 31%
Concurring AuthorityConcurring Authority Concurring AuthorityLand & Environment Court
ApplicationApplication ApplicationDA-2020/1292
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date25-05-2021
LotLot LotLot 2 DP 150574
AddressAddress Address46 Crown Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionDemolition of existing structures and construction of a mixed use development
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationMinor variation to Building Separtion (Clause 8.6 of WLEP2009) Consistent with objectives of clause and no adverse amenity or visual impacts.
ExtentExtent ExtentRequired 16m. Provided 11.5m - 28%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2019/1332
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-04-2021
LotLot LotLot 3 DP 336075
AddressAddress Address101 Auburn Street CONISTON NSW 2500
Zoning(s)Zoning(s) Zoning(s)IN1 General Industrial
DescriptionDescription DescriptionAlterations and additions and use of premises as a light industry
SuburbSuburb SuburbCONISTON
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationNew third storey does not exceed permitted height limit. Is of recessive colours not readily discernible from the street and maintains setbacks of lower storeys. Objetives of the zone satisfied.
ExtentExtent ExtentFSR 0.82:1 where maximum FSR 0.5:1 is permitted
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2020/460
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date03-02-2021
LotLot LotLot 1641 DP 1111189
AddressAddress Address164-166 Balgownie Road BALGOWNIE NSW 2519
Zoning(s)Zoning(s) Zoning(s)B2 Local Centre
DescriptionDescription DescriptionConstruction of mixed use development consisting of a two (2) storey shop top housing building consisting of three (3) commercial tenancies and two (2) residential units and a three (3) storey residential flat building consisting of six (6) residential units and one (1) level of basement car parking
SuburbSuburb SuburbBALGOWNIE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.13 Ground Floor dev on Business Zoned Land; c7.14 (1, 2) Minimum site width
JustificationJustification JustificationClause 7.13 requires that the ground floor will not be used for the purpose of residential accommodation. In the circumstances of this application, the site has dual frontages to the main road, and a secondary frontage to Church Street, which has a residential context and ground floor residential was deemed to be appropriate. Clause 7.14 requires a minimum site width of 24m. The reduced site width does not result in any unreasonable privacy or overlooking impacts to adjoining properties, and the proposal complies with the maximum height and FSR requirements. The site width increases to comply away from the direct road frontage, which allows a suitable built form on the site.
ExtentExtent ExtentThe application proposes residential accommodation on the secondary road frontage. Standard 24m, approved 20.7m or 13.8%
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2020/80
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-11-2020
LotLot LotLot 1 DP 799059
AddressAddress Address290-294 Keira Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionDemolition of existing structures and construction of a seven (7) storey mixed use development comprising 34 residential units and two (2) commercial tenancies with 50 parking spaces
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification Justification• Objectives Clause 8.6 are satisfied. • The objectives of the B3 Commercial Core zone are satisfied. • There are sufficient planning grounds to vary the building separation in this instance given the ability to comply with visual appearance, privacy and solar access objectives required in this Clause. • The site is located within a commercial zone and the design is a direct repose to allow for housing within this zone.
ExtentExtent ExtentThis site is located 15m from the adjoining building. As a result, building separation will not be achieved from this site due to this building containing habitable components. A 16m separation is required.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2020/290
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date03-11-2020
LotLot LotLot B DP 378330
AddressAddress Address342-344 Lawrence Hargrave Drive THIRROUL NSW 2515
Zoning(s)Zoning(s) Zoning(s)R3 Medium Density Residential
DescriptionDescription DescriptionResidential - multi dwelling housing - demolition of existing dwelling, tree removals and construction of three (3) attached 3 storey dwellings over basement parking area
SuburbSuburb SuburbTHIRROUL
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe request for departure to the development standard was submitted under Clause 4.6 and found worthy to be supported. Detail assessment of Cl.4.6 is within the assessment report.
ExtentExtent Extent9.5%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/1630
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date26-10-2020
LotLot LotLot 105 DP 25391
AddressAddress Address35 Yellagong Street WEST WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures, tree removal and construction of multi dwelling housing - 10 units with associated carparking and infrastructure
SuburbSuburb SuburbWEST WOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.14 (1, 2) Minimum site width
JustificationJustification JustificationSubject site is a battle-axe allotment having a site width of 16.46m along the street front and broadens to 49m beyond 49m deep into the site. The design layout displays only one of the units which is a 2 storey single dwelling when viewed from the street which is detached from rest of the units that are located to the rear wider area. Proposal meets other development standards and controls and is expected of no significant impacts to the locality or neighbouring dwellings.
ExtentExtent Extent<10%, 8.5% variation
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2020/842
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date22-10-2020
LotLot LotLot 3 DP 1156730
AddressAddress Address50 Armagh Parade THIRROUL NSW 2515
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbTHIRROUL
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request seeks to justify that compliance with the development standard is considered to be of similar nature to the current development and more appropriate for the residents. • The proposal is considered to achieve the objectives of the development standard; • The proposal is considered to achieve the objectives of the E4 Zone; • There are sufficient planning grounds to vary the floor space ratio in this circumstance for the following reasons: - The increase in floor space ratio relates to an increase in storage areas, as opposed to habitable living areas or bedrooms - The proposal will not result in an increase in vehicle or pedestrian traffic as the intended use of the structure remains the same - No structural works are required as part of the proposal as the carport is contained within the footprint of the dwelling. From the street, the only change to façade will be the addition of a garage door and therefore no excavation or heavy machinery is required. - There will be no increase in bulk or scale from the proposed works - No environmental constraints that limit the sites development potential; - The potential environmental and amenity impacts of the proposed development are no greater than those currently existing The written request has adequately addressed the matters required to be addressed under subclause (3). The proposal is for residential development which is consistent with the objectives for the zone. The proposal is considered consistent with the zone objectives and the objectives as detailed for floor space ratio under WDCP2009 and therefore despite the development departure, the development is considered within the public interest.
ExtentExtent Extent8.17%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2020/213
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date01-09-2020
LotLot LotLot 7 Sec 58 DP 3436
AddressAddress Address11 Princes Highway DAPTO NSW 2530
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionRespite care facility
SuburbSuburb SuburbDAPTO
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)SEPP Housing for Seniors/ People with a Disability; WLEP 2009
Clause(s)Clause(s) Clause(s)c7.13 Ground Floor dev on Business Zoned Land; cl 40 (2) Site Size
JustificationJustification JustificationA response to each of these approaches is therefore provided as it relates to the current proposal: That the objective would be defeated or thwarted if compliance was required Not applicable. The objective of the Clauses would be achieved if compliance was provided. That the development standard has been virtually abandoned or destroyed by the Council’s own actions in departing from the standard Not applicable The zoning of the land is unreasonable or inappropriate. The zoning of the land is appropriate. The underlying objective or purpose is not relevant to the development This is considered to be the most applicable of these considerations as the type of development (‘seniors housing’) is anomalous to the development standard in this instance. While some of the ground floor does incorporate residential accommodation, some more ‘active uses’ (ie. Ancillary health services etc) are also provided at the ground floor that are considered to meet the underlying objective of the standard. Therefore, it is more appropriate to state that the use (‘seniors housing’) in this instance, should not necessarily be strictly/technically considered ‘residential accommodation’. In this circumstance, the objective of the Development Standard is still relevant to the development (and has been satisfied). AND That the objective would be defeated or thwarted if compliance was required Not applicable. The development would not be permitted under the Seniors Living SEPP if compliance was required. However, it would still be permitted under the WLEP 2009, but significant development contributions would be required. It is noted that Wollongong City Wide Development Contributions Plan 2019 only provides for exemptions for Seniors Housing under the SEPP, and not the WLEP 2009, which is a technical anomaly. If approval is sought under the LEP (rather than the SEPP) contributions would be payable, which impacts on the financial feasibility of the development. That the development standard has been virtually abandoned or destroyed by the Council’s own actions in departing from the standard Applicable, as the development would still be permitted under the WLEP 2009. Hence the development standard is virtually not relevant in this circumstance. The zoning of the land is unreasonable or inappropriate. The zoning of the land is appropriate. The underlying objective or purpose is not relevant to the development Applicable, as the development would still be permitted under the WLEP 2009. Hence the development standard is virtually not relevant in this circumstance.
ExtentExtent Extentclause 7.13 of WLEP2009 - Certain land within business zones. The ground floor of the eastern building contains residential development. The development also contravenes cl 40 (2) of SEPP Housing for Seniors and People with a Disability 2004 as relates to minimum site area providing for 907.4m2 in lieu of the required 1000 m2.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/1231
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date26-08-2020
LotLot LotLot 10 DP 657049
AddressAddress Address111-113 Crown Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionDemolition of existing structures and construction of A-Grade office building above retail and basement parking
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4A Floor space ratio Wollongong City Centre; c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationThe variation to FSR was justified on the basis that the cumulative floorspace of the adjoining and related development on the east in Crown Street (DA-2017/493) was compliant with the FSR of the combined area of both sites. The two buildings form a joint development with vehicle/basement access and pedestrian access between the ground floor.
ExtentExtent Extent9.66%
Concurring AuthorityConcurring Authority Concurring AuthoritySouthern Regional Planning Panel
ApplicationApplication ApplicationDA-2019/1375
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date25-08-2020
LotLot LotLot 2 DP 1105419
AddressAddress Address2 Market Place WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of residential flat building
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.14 (1, 2) Minimum site width
JustificationJustification JustificationIsolated lot
ExtentExtent ExtentClause 7.14 requires a site width of 24m for a residential flat building. The subject site was 17.6m.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2020/433
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date21-08-2020
LotLot LotLot 22 DP 535482
AddressAddress Address22 Foley Street GWYNNEVILLE NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing buildings and construction of multi dwelling housing development comprising six (6) dwellings
SuburbSuburb SuburbGWYNNEVILLE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.14 (1, 2) Minimum site width
JustificationJustification JustificationMinor variation to minimum lot width requirements of Clause 7.14 of WLEP 2009 for a portion of the L-shaped lot. Development is fully compliant with all other standards and the variation results in no adverse impacts on adjoining properties.
ExtentExtent Extent4.18%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2020/605
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date13-08-2020
LotLot LotLot 45 DP 1080717
AddressAddress Address17 Kembla Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - new rooftop pergola to existing roof terrace
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationProposed height matches existing building height and does not exceed it. Proposed structure is minor and unlikely to impact amenity of surrounding area.
ExtentExtent ExtentProposed height of 29.32m, where 24m is permitted in accordance with Cl 4.3 of WLEP 2009.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/698
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date31-07-2020
LotLot LotLot 69 DP 877854
AddressAddress AddressDapto Public School 66 Sierra Drive HORSLEY NSW 2530
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionAlterations and additions to existing Educational Establishment to be undertaken in two stages including demolition works, tree removals, a new carpark, associated site works and landscaping
SuburbSuburb SuburbHORSLEY
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationStrict compliance with the height of buildings development standard would limit the ability to provide high quality cohesive learning spaces and would result in inefficient use of the site and reduce the quantity of open play space. In order, to keep Block I beneath the building height limit, there would need to be significantly increased excavation of the site or decreased floor to ceiling heights within classrooms; and • Block I has been designed as a high quality contemporary education building that responds to the low density residential character of Horsley and the existing character of Dapto Public School.This written request has been prepared to provide a detailed assessment in accordance with the statutory requirements of clause 4.6.
ExtentExtent ExtentThe Proposal exceeds the 9m height of buildings development standard under clause 4.3 of the WLEP 2009 with Block I having a maximum height of 10.4m measured to the southern eave of Block I, representing a variation of 1.4m and 16% exceedance.
Concurring AuthorityConcurring Authority Concurring AuthoritySouthern Regional Planning Panel
ApplicationApplication ApplicationDA-2019/1123
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date23-06-2020
LotLot LotLot 2 DP 152994
AddressAddress Address35 Atchison Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionDemolition of existing structures and construction of a 14 storey mixed use development comprising 50 residential units, one (1) ground floor commercial tenancy and two levels of basement parking
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationSufficient environmental planning grounds to vary building separation as objectives of B3 zone and objectives of Clause 8.6 are met while providing required street frontage.
ExtentExtent Extent- Units on Levels 1 and 2 (within podium) are built to side boundary where 20m separation is required (adjoining units) to north and 16m separation to south (no dwellings) - Units on levels 3-13 have a 16m-18m separation distance where 20m is required to the adjacent northern shop top housing development
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/1081
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date21-05-2020
LotLot LotLot 12 DP 548409
AddressAddress Address3 George Street BERKELEY NSW 2506
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of all existing structures and construction of multi dwelling housing - four (4) townhouses
SuburbSuburb SuburbBERKELEY
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.14 (1, 2) Minimum site width
JustificationJustification JustificationVariation to Clause 7.14(1) of WLEP2009 which requires 18m min lot width for multi dwelling housing. The varaition only applies to a small portion of the site of the rear and does not impact compiance with planning contrls or have any adverse impacts on neighvouring properties.
ExtentExtent ExtentMaximum 17.2%
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2020/35
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-04-2020
LotLot LotLot 22 SP 55559
AddressAddress Address22/100-104 Corrimal Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionResidential - construction of roof level cabana for Unit 22
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationRoof level strcuture (cabana) sits below existing maximum buidlng height of lift shaft/plant room. Additional height does not compromise achievement of objectives of the standard.
ExtentExtent Extentproposed cabab height 26.40 metres where permitted height 24.0 metres
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/1638
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date27-03-2020
LotLot LotLot 502 DP 845275
AddressAddress Address71-77 Kembla Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionMixed use development - fourteen (14) storey building comprising of one hundred and two (102) residential units and eight (8) commercial tenancies over two (2) levels of basement parking
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationCompliance with Clause 8.6 in this instance is 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 non-compliant building separation distances provided better respond to the character of the precinct
ExtentExtent ExtentClause 8.6(2)(a) - to the north- 0m required; minimum separation distance of 14.7m to adjacent building. To the east- 0m required; Clause 8.6(3)(b) for Levels 2 – 13 setback between 14.260m from the adjacent building where 16m is required.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2019/779
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date16-03-2020
LotLot LotLot 21 DP 609226
AddressAddress Address80 Market Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionCommercial - demolition of existing structures and construction of a six (6) storey development
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationClause 8.6(2)(b) requires buildings on land within the B3 Commercial Core be erected so that there is a distance of at least 12 metres from any other building above the street frontage height and less than 45 metres above ground level. • Objectives Clause 8.6 are satisfied. • The objectives of the B3 Commercial Core zone are satisfied. • There are sufficient planning grounds to vary the building separation in this instance given the design of the building responds to the existing street tree and heritage item to the east. • That compliance with the building separation standard is unnecessary in the circumstances of the case as the objectives of the standard and zone objectives are met and strict compliance with the 12m building separation would result in a poorer design outcome.
ExtentExtent ExtentThe variation is such that it cannot be defined in terms of a percentage variation. The building could be built to a street frontage height of up to 24m with no setback to the boundary. The proposed building only reaches a street frontage height of approximately 12.8m, with a setback then being provided for at the front and rear for the portion of the building abutting the building located to the west of the site. The lower street frontage height is desirable to better relate to the heritage item on the eastern side of Keira Lane and to retain and protect the street tree on Market Street.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/756
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date11-02-2020
LotLot LotLot 17 Sec B DP 2205
AddressAddress Address65 Walker Street HELENSBURGH NSW 2508
Zoning(s)Zoning(s) Zoning(s)B2 Local Centre
DescriptionDescription DescriptionMixed use - demolition of existing dwellings and excavation works, construction of mixed use development and basement carparking
SuburbSuburb SuburbHELENSBURGH
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings; c7.13 Ground Floor dev on Business Zoned Land
JustificationJustification JustificationClause 4.6 justification provided for both WLEP 2009.Clause 4.3 and Clause 7.13 of Wollongong Local Environmental Plan 2009. A portion of the building exceeds the maximum height limit of 12 metres. Residential development is located on part of the ground floor of the building, which contravenes Clause 7.13 Certain land within business zones.
ExtentExtent ExtentMinor due to site constraints - steeply sloping constrained site
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/1374
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-01-2020
LotLot LotLot 3 DP 450098
AddressAddress Address4 Spring Street MOUNT KEIRA NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionUse of alterations and additions to dwelling house and front fence
SuburbSuburb SuburbMOUNT KEIRA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification Justification• The works, despite being undertaken without consent, would not result in any change to the presentation of the development to the street and no additional bulk and scale impacts. • The additional 33sqm is a minor encroachment. • The development retains compliant setbacks. • The additional FSR would not result in any privacy of amenity impacts on adjoining properties. • The additional FSR would not contribute to any overshadowing impacts. • There will be no unreasonable impacts resulting from the exception.
ExtentExtent Extent33sqm - 9% exceedance.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2019/1177
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2019
LotLot LotLot 3 SP 78814
AddressAddress Address3/8 Pioneer Drive WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionMezzanine Level and Change of use to Recreation Facility (Indoor)
SuburbSuburb SuburbWOONONA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and 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.
ExtentExtent ExtentClause 4.4 - 12% noncompliance to the 0.5:1 floor space ratio standard.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/1259
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2019
LotLot LotLot 15 SP 78814
AddressAddress Address15/8 Pioneer Drive WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionMezzanine Level and Change of use to Depot
SuburbSuburb SuburbWOONONA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and 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.
ExtentExtent ExtentClause 4.4 - 12% noncompliance to the 0.5:1 floor space ratio standard.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/1034
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2019
LotLot LotLot 4 SP 78814
AddressAddress Address4/8 Pioneer Drive WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionMezzanine Level and Change of Use to Depot
SuburbSuburb SuburbWOONONA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and 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.
ExtentExtent ExtentClause 4.4 - 12% noncompliance to the 0.5:1 floor space ratio standard.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/1054
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2019
LotLot LotLot 204 DP 776457
AddressAddress Address8 Pioneer Drive WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionMezzanine Level and Change of use to Warehouse and Distribution Centre
SuburbSuburb SuburbWOONONA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and 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.
ExtentExtent ExtentClause 4.4 - 12% noncompliance to the 0.5:1 floor space ratio standard
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/1058
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2019
LotLot LotLot 204 DP 776457
AddressAddress Address8 Pioneer Drive WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionMezzanine levels and Change of use to Light Industry
SuburbSuburb SuburbWOONONA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and 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.
ExtentExtent ExtentClause 4.4 - 12% noncompliance to the 0.5:1 floor space ratio standard.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/951
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2019
LotLot LotLot 9 SP 78814
AddressAddress Address9/8 Pioneer Drive WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionMezzanine level and Change of Use to Warehouse and Distribution Centre
SuburbSuburb SuburbWOONONA
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and 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.
ExtentExtent ExtentClause 4.4 - 12% noncompliance to the 0.5:1 floor space ratio standard.
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/774
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date11-12-2019
LotLot LotLot 2 DP 151454
AddressAddress Address16 Smith Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of a residential flat building
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c7.14 (1, 2) Minimum site width
JustificationJustification JustificationLot width 24m required (clause 7.14). Unreasonable and unnecessary in circumstances of the case. Suitable in zone and site context.
ExtentExtent ExtentLot width 20.11m
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2018/1481
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date09-12-2019
LotLot LotLot 3 DP 1159710
AddressAddress Address22 Robert Street CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionMixed Use Residential - residential flat building comprising 21 apartments above basement car parking, 13 townhouses with double garages and tree removals and Subdivision - Strata title - 34 lots
SuburbSuburb SuburbCORRIMAL
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationThe site is a large residue site that enables the building form to be of a greater scale than its surrounds; however, the building articulation and manipulation of elements attempt to reduce its apparent scale. The development is considered a form appropriate for the zoning and similar to existing development within close vicinity. The design is considered satisfactory and attempts to mitigate any unreasonable impacts on surrounding properties, whilst ensuring that the development is appropriate in the context of the existing and future anticipated character of the area. The development is therefore considered to be in the public interest because it is consistent with the objectives of the development standard and the objectives for development in the zone.
ExtentExtent ExtentThis clause prescribes a maximum height of 9 metres for the Site, as shown on the Height of Buildings Map. The proposed residential flat building has maximum overall height of 10.075m, exceeding the height limit by a maximum of 1.075m (11.9%).
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2017/730
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date02-12-2019
LotLot LotLot 1 DP 152849
AddressAddress Address131-135 Keira Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionDemolition of existing buildings and ancillary structures and the construction of a mixed use development above basement parking
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationA written justification statement was provided by the applicant and is considered to have sufficiently addressed the requirements of clause 4.6(3) of WLEP2009 and relevant established LEC Court principles for exceptions to development standards. It is also considered having regard for the exception request that the proposed development has been designed appropriately given the nature and characteristics of the site and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area.
ExtentExtent ExtentBuilding separation clause 8.6 WLEP 2009 Basement: various Parson's Lane apartments and rear of Keira Street properties; southen elevation and 10 Thomas Street; northern elevation and rear of 67 Smith Street Level 1: 5.06m between apartment B102 and Lot 1 DP 742078 where 16m is required
Concurring AuthorityConcurring Authority Concurring AuthoritySouthern Regional Planning Panel