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Wollongong City Council

Variation to Development Standards Register

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ApplicationApplication ApplicationDA-2019/921
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date31-10-2019
LotLot LotLot 3 DP 16354
AddressAddress Address24 James Road CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionSubdivision - Torrens title - two (2) residential lots
SuburbSuburb SuburbCORRIMAL
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationExisting Dual Occupancy development previously approved via a Complying Development Certificate. The FSR non-compliance is existing
ExtentExtent Extent0.4%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2011/685
DecisionDecision DecisionSurrendered
Determination DateDetermination Date Determination Date15-10-2019
LotLot LotLot 501 DP 848943
AddressAddress Address145 Lawrence Hargrave Drive AUSTINMER NSW 2515
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - 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
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; c4.4(2) Floor space ratio
JustificationJustification JustificationJustification 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.
ExtentExtent ExtentFSR: Permitted FSR 0.3:1 Approved FSR 0.34:1 Building Height Permitted Height 9m Approved Height 9.26m
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2016/1354
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date26-09-2019
LotLot LotLot 26 Sec 2 DP 979376
AddressAddress Address43 Atchison Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionDemolition 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
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; c4.4A Floor space ratio Wollongong City Centre; c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification Justification1. 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.
ExtentExtent Extent1. 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.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/557
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date23-08-2019
LotLot LotLot 1 DP 1082602
AddressAddress Address4 Lindsay Evans Place DAPTO NSW 2530
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionDemolition of existing 45 bed residential aged care facility and construction of new 111 bed residential aged care facility and conversion of existing 44 hostel bed facility to 22 serviced self-care dwellings with community/ancillary spaces, reconfiguration of and additional car parking and associated landscaping and infrastructure works plus tree removals
SuburbSuburb SuburbDAPTO
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 proposal is considered to be consistent with the objectives clause 4.3, as the proposal remains well under the permitted floor space for the site, will not impact on any significant view corridor or solar access. The design is considered satisfactory and attempts to mitigate any unreasonable impacts on surrounding properties, whilst ensuring that the development is compatible in the context of the 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 ExtentThe maximum height allowable for the land is 9 metres , as shown on the Height of Buildings Map. The proposal has maximum overall height of the residential care facility building is 12.12m, exceeding the height limit by 3.12m (34.7%).
Concurring AuthorityConcurring Authority Concurring AuthoritySouthern Regional Planning Panel
ApplicationApplication ApplicationDA-2019/598
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date14-08-2019
LotLot LotLot 1 DP 995894
AddressAddress Address19 Coledale Avenue COLEDALE NSW 2515
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - demolition of dwelling and construction of dwelling house and swimming pool
SuburbSuburb SuburbCOLEDALE
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 relevant approvals in the E4 zone were reviewed and it is apparent that the FSR standard has been abandoned; however, the 0.46:1 does not compromise the 0.5 required in the nearby R2 zone.
ExtentExtent Extent0.3 required and 0.46 provided. Exceedance of 52%
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/213
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date28-06-2019
LotLot LotLot 23 DP 35718
AddressAddress Address29 Carr Street TOWRADGI NSW 2518
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures, tree removals and construction of multi dwelling housing - three (3) attached townhouses
SuburbSuburb SuburbTOWRADGI
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 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 ExtentClause 7.14 Minimum site width requirement - 18 metres for multi dwellings. Proposal – 16.5 metres which represents an 8.33% shortfall
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/1517
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date31-05-2019
LotLot LotLot 1 Sec D DP 4167
AddressAddress Address145-149 Princes Highway CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)B2 Local Centre
DescriptionDescription DescriptionMixed use development comprising 1 retail tenancy, 13 affordable units, 15 self-contained boarding house studios and associated car parking and landscaping works
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; c7.13 Ground Floor dev on Business Zoned Land; c7.14 (1, 2) Minimum site width
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 ExtentClause 4.3 Building Height requirement - 15 metres maximum Proposal - 16.68 metres which represents an - 11.2% exceedance Clause 7.13 Ground Floor development residential use restriction on land within business zones Proposal – 2 units, communal open space and residential entrance corridors on the ground floor. Clause 7.14 Minimum site width requirement – 24 metres for residential flat building Proposal - 18.2 metres provided which represents a 24% shortfall
Concurring AuthorityConcurring Authority Concurring AuthoritySouthern Regional Planning Panel
ApplicationApplication ApplicationDA-2019/88
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date29-05-2019
LotLot LotLot 1 DP 499682
AddressAddress Address157 Lawrence Hargrave Drive AUSTINMER NSW 2515
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - demolition works, alterations and additions to existing dwelling and construction of a new secondary dwelling and garage
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 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 ExtentMaximum 0.30:1 Clause 4.4 Floor space ratio requirement - 0.3 :1 Proposal – 0.325 :1 which represents a 7% exceedance
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/1219
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date10-04-2019
LotLot LotLot 6 Sec C DP 4167
AddressAddress Address151-153 Princes Highway CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)B2 Local Centre
DescriptionDescription DescriptionDemolition of existing building and construction of a shoptop housing development including Subdivision - Strata title - 10 lots
SuburbSuburb SuburbCORRIMAL
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 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 ExtentClause 7.14 Minimum site width requirement - 24 metres for Residential Flat Building Proposal – 16.8 metres which represents an 30% shortfall
Concurring AuthorityConcurring Authority Concurring AuthorityWollongong Local Planning Panel
ApplicationApplication ApplicationDA-2019/5
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date29-03-2019
LotLot LotLot 2 SP 86050
AddressAddress Address2/757 Lawrence Hargrave Drive COLEDALE NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of carport, alterations and additions to existing dwelling house and construction of a detached garage
SuburbSuburb SuburbCOLEDALE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationApplicant has submitted Cl.4.6 variation request and is assessed to be satisfactory.
ExtentExtent Extent9.6% departure
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/973
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date20-03-2019
LotLot LotLot B DP 358466
AddressAddress Address28 Young Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionResidential - 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
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 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 lesser The 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 sufficient separation of buildings for reasons of visual appearance, privacy and solar access. The visual appearance of the building is considered satisfactory. A suitable degree of articulation is provided as well as a mixture of materials and finishes which add visual interest to the building. The facades are articulated to ensure there are no undesirable expanses of one material and to provide some light and shade. No concerns are raised in regard to visual privacy. The adjoining development to the south is a two storey commercial building constructed on the boundary with no openings. The land to the north similarly contains a single commercial building. No concerns are raised in respect of acoustic privacy. Solar access to the units within the development or adjoining 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 uses that serve the needs of the local and wider community. • To encourage appropriate employment opportunities in accessible locations. • To maximise public transport patronage and encourage walking and cycling. • To strengthen the role of the Wollongong city centre as the regional business, retail and cultural centre of the Illawarra region. • To provide for high density residential development within a mixed use development if it: (a) is in a location that is accessible to public transport, employment, retail, commercial and service facilities, and (b) contributes to the vitality of the Wollongong city centre. The proposed variation is not considered to compromise the achievement of these objectives.
ExtentExtent ExtentA zero setback up to street frontage height is proposed for levels containing residential units.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/1172
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2018
LotLot LotLot 1 DP 31616
AddressAddress Address5 The Circle WOONONA NSW 2517
Zoning(s)Zoning(s) Zoning(s)B1 Neighbourhood Centre
DescriptionDescription DescriptionMixed Use Development - demolition works with alterations to existing shop and construction of shop top housing - one (1) x two (2) bedroom apartment
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 Justificationsmall size of subject allotment, provision of shop top housing consistent with zone and in close proximity to transport
ExtentExtent Extent9%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/950
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date13-11-2018
LotLot LotLot 2 SP 89977
AddressAddress Address2/21 Cemetery Road HELENSBURGH NSW 2508
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionUse of Units 2 and 3 as production of videos for entertainment, education and social media and use of constructed raised storage platforms (mezzanines)
SuburbSuburb SuburbHELENSBURGH
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationWorks are internal and result in no increased bulk and scale, and no anticipated loss of amenity for surrounding development.
ExtentExtent ExtentVariation to Clause 4.4 Floor space ratio of 0.55:1 or 10% variation (0.5:1 max)
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/313
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date17-10-2018
LotLot LotLot 90 DP 654200
AddressAddress Address2 Frederick Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of a boarding house development
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 Justification17.76m approved, 11% variation
ExtentExtent ExtentThe 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.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/493
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date17-10-2018
LotLot LotLot 1 DP 66347, Lot 1 DP 69724, Lot 1 DP 746944
AddressAddress AddressLangs Building 95-109 Crown Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionCommercial - demolition of existing building and construction of new commercial premises comprising of offices and retail tenancies
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 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.
ExtentExtent ExtentClause 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.
Concurring AuthorityConcurring Authority Concurring Authority
ApplicationApplication ApplicationDA-2018/699
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date20-09-2018
LotLot LotLot 1 DP 196886
AddressAddress Address11 Northcote Street COLEDALE NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbCOLEDALE
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
JustificationJustification JustificationClause 2.3 - Zone objectives and land use table - No justification Clause 4.3 - Height of Buildings - No Justification Clause 4.4 Floor Space Ratio - the development standard is unreasonable or unnecessary for the circumstances of the case & there are sufficient environmental grounds to justify contravening the development standard Clause 4.6 Exceptions to Development Standards - the application has not adequately addressed the matters required to be demonstrated by subclause (3)
ExtentExtent ExtentClause 4.3 - unknown deviation fronm the Standard Clause 4.4 - 9.28% deviation from the standard
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/323
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-09-2018
LotLot LotLot 60 DP 10927
AddressAddress Address30 Kemblawarra Road WARRAWONG NSW 2502
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of multi dwelling housing
SuburbSuburb SuburbWARRAWONG
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 JustificationLess 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.
ExtentExtent ExtentVariation of 49% to the 18m Minimum Site Width Control for Multi Dwelling Housing under WLEP2009.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/238/A
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date11-09-2018
LotLot LotLot 1 DP 1086647
AddressAddress Address208 Princes Highway BULLI NSW 2516
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - multi dwelling housing Modification A - increase to floor levels and building height of units
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 JustificationRequired to achieve fall to stormwater detention facility without interfering with floodplain.
ExtentExtent Extent0.89m (9.8%)
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2010/1670/C
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date03-09-2018
LotLot LotLot 113 Sec 1 DP 1258, Lot 114 Sec 1 DP 1258
AddressAddress Address12 New Dapto Road WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionDemolition 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 storage Modification C - modify height of building due to lift overrun
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 Justificationrefer to Assessment Report- lift overrun installed and found to breach the 16m height limit.
ExtentExtent Extent16m height limit applies under Clause 4.3 of WLEP 2009. 16.12m proposed.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/358
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date23-08-2018
LotLot LotLot 50 DP 879625
AddressAddress Address1-3 Canterbury Road KEMBLA GRANGE NSW 2526
Zoning(s)Zoning(s) Zoning(s)B6 Enterprise Corridor
DescriptionDescription DescriptionDemolition 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
SuburbSuburb SuburbKEMBLA GRANGE
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 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.
ExtentExtent ExtentMaxiimum Building Height for site is 11m Approved Maximum Building Height is 16.6m
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2018/435
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date15-08-2018
LotLot LotLot 18 DP 36218
AddressAddress Address27 Madoline Street GWYNNEVILLE NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionDemolition of existing dwelling and construction of a 15 bed boarding house and associated works
SuburbSuburb SuburbGWYNNEVILLE
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 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.
ExtentExtent ExtentFSR 0.5:1 Approved FSR 0.53:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/204
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date27-07-2018
LotLot LotLot 286 DP 9753, Lot 1 DP 42803
AddressAddress Address192 Lakeview Parade PRIMBEE NSW 2502
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential; RE1 Public Recreation
DescriptionDescription DescriptionSubdivision - Torrens title - two (2) lots and demolition of existing garage
SuburbSuburb SuburbPRIMBEE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.1(3) Minimum subdivision lot size
JustificationJustification Justificationsee clause 4.6 statement - essentially zoning error
ExtentExtent Extent~20%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1196
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date27-07-2018
LotLot LotLot 10 DP 1054999
AddressAddress Address30 Cross Street CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionDemolition of existing structures and construction of multi dwelling housing (3 townhouses)
SuburbSuburb SuburbCORRIMAL
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 Justification- 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
ExtentExtent Extent0.32m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2018/641
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-07-2018
LotLot LotLot 108 DP 1102283
AddressAddress Address23 Seddon Street FIGTREE NSW 2525
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbFIGTREE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationAssessed under Clause 4.6 of WLEP2009
ExtentExtent ExtentMaximum FSR of 0.50:1 under Clause 4.4 of WLEP2009 exceeded by <10%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1462
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date27-06-2018
LotLot LotLot 1 DP 509597, Lot 10 DP 540641
AddressAddress Address47 Burelli Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionDemolition 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
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 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.
ExtentExtent ExtentVariations 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).
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1727
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date20-06-2018
LotLot LotLot 94 DP 1104170
AddressAddress Address94 New Mount Pleasant Road MOUNT PLEASANT NSW 2519
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures, tree removal, construction of multi unit development and Subdivision - Strata title
SuburbSuburb SuburbMOUNT PLEASANT
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 Justification18m minimum site width for multi-dwleling housing not achievable as the development site is triangular in shape with no rear boundary
ExtentExtent Extent8% of site area has width less than 18m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1396
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-05-2018
LotLot LotLot 24 DP 608427
AddressAddress Address51 Pringle Road FERNHILL NSW 2519
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionCommercial - new freezer, chiller and dispatch building
SuburbSuburb SuburbFERNHILL
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationHeight 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
ExtentExtent Extent12m when the maximum prescribed height limit is 11m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1585
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date16-05-2018
LotLot LotLot 2 DP 1227117
AddressAddress Address31A Langson Avenue FIGTREE NSW 2525
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential; RE1 Public Recreation
DescriptionDescription DescriptionResidential - dual occupancy (attached) and Subdivision - Torrens title - two (2) residential lots
SuburbSuburb SuburbFIGTREE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationApplicant 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.
ExtentExtent ExtentPermitted FSR - 0.5:1 Approved FSR - 0.61:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1379
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date11-05-2018
LotLot LotLot 1 DP 112275
AddressAddress Address8 Railway Parade THIRROUL NSW 2515
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionMixed use development - demolition of existing structures and construction of retail premises and nine (9) residential units, basement parking and associated landscaping works
SuburbSuburb SuburbTHIRROUL
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 Ground floor development on land within business zones The 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.
ExtentExtent Extent2 ground floor units.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2002/496/B
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date05-04-2018
LotLot LotLot 101 DP 1003529
AddressAddress Address80 Towradgi Road TOWRADGI NSW 2518
Zoning(s)Zoning(s) Zoning(s)B1 Neighbourhood Centre
DescriptionDescription DescriptionProposed Commercial Office And 3 Terrace Town Houses Modification B - use of alterations to roofline and heights, unit 2 and 3 balconies and windows, installation of solar panels and green roof area
SuburbSuburb SuburbTOWRADGI
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationHeight was approved at 9.1m - modification proposes to increase to 9.65m as built - built form is acceptable.
ExtentExtent Extent7%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1250
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date28-02-2018
LotLot LotLot 12 DP 1054513
AddressAddress Address25 Steel Street FAIRY MEADOW NSW 2519
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionIndustrial - construction of a self storage unit
SuburbSuburb SuburbFAIRY MEADOW
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationYes. The sufficient planning grounds to justify contravening the 0.5:1 Floor Space Ratio limit are outlined in the applicant’s Clause 4.6 statement The 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.
ExtentExtent ExtentThe 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.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1448
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date28-02-2018
LotLot LotLot 21 DP 1015275
AddressAddress Address51 Gooyong Street MOUNT KEIRA NSW 2500
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - dwelling house, swimming pool and tree removal
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 Justificationyes- determined by IHAP on 28/2/18 by way of approval.
ExtentExtent Extent<10%
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/749
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date07-02-2018
LotLot LotLot 122 DP 587977
AddressAddress Address101 Montague Street NORTH WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionIndustrial - demolition of existing structures and construction of automotive service centre with associated carparking and riparian revegetation works
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 JustificationBuilding 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.
ExtentExtent Extent9.55% (9.86m building height proposed where 9m maximum height permitted)
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/1719
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date24-01-2018
LotLot LotLot 1 DP 1202226
AddressAddress Address38 Atchison Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionMixed use development - ground and mezzanine level commercial with 92 residential apartments over two (2) basement carparking levels
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 JustificationDeparture 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.
ExtentExtent Extent3.5m to northern boundary; 1.0m to southern boundary. 0m separation distance required to achieve a continuous street edge.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/1073
DecisionDecision DecisionDeferred Commencement
Determination DateDetermination Date Determination Date10-01-2018
LotLot LotLot 1 DP 782358
AddressAddress Address31 Atchison Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionDemolition 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
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 JustificationThe 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.
ExtentExtent ExtentBelow 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
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/1372
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date15-12-2017
LotLot LotLot 1 DP 1212876
AddressAddress Address122 Pioneer Road EAST CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbEAST CORRIMAL
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationNo justification provided.
ExtentExtent ExtentFSR 0.52:1 with maximum FSR of 0.5:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/925
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date12-12-2017
LotLot LotLot 7 Sec 4 DP 2185
AddressAddress Address1 Harbord Street THIRROUL NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing dwelling, construction of dual occupancy and swimming pool and Subdivision - Strata title - two (2) lots
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 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.
ExtentExtent ExtentMaximum FSR permitted: 0.5:1 Approved FSR: 0.57:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/1557
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-10-2017
LotLot LotLot 9 DP 10704
AddressAddress Address385A Crown Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionDemolition of existing structures and construction of hotel 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 JustificationThe departure is consistent with the objectives of standard and the B3 Commercial Core
ExtentExtent ExtentClause 8.6(3)(b) which requires that any part of a dwelling be setback 16 metres from any other part of any other building Proposal provides for a setback to the southrn boundary of 6m.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/831
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-10-2017
LotLot LotLot 8 SP 75088
AddressAddress Address8/10 Harbour Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - alterations and additions
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 JustificationThe 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.
ExtentExtent ExtentThe approved building height is 17.495m whereas Clause 4.3 specifies a maximum height limit of 16m.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/732
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date11-10-2017
LotLot LotLot 144 DP 518900
AddressAddress Address14 Russell Street BALGOWNIE NSW 2519
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - construction of multi dwelling housing - six (6) townhouses
SuburbSuburb SuburbBALGOWNIE
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 JustificationA 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.
ExtentExtent ExtentMinimum Site Width - Required 18m - Proposed 14.87m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/939
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date26-09-2017
LotLot LotLot 24 DP 29874
AddressAddress Address31 Kingsley Drive LAKE HEIGHTS NSW 2502
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - alterations and additions
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 JustificationNo justification
ExtentExtent ExtentFSR 0.51:1 where maximum FSR is 0.5:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2017/603
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date12-09-2017
LotLot LotLot 523 DP 1006249
AddressAddress Address5 Southspur CORDEAUX HEIGHTS NSW 2526
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbCORDEAUX 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 JustificationThe 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.
ExtentExtent ExtentRequired FSR 0.3:1, approved FSR 0.4:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2010/439/B
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date01-08-2017
LotLot LotLot 100 DP 1118518
AddressAddress Address317 Lawrence Hargrave Drive CLIFTON NSW 2515
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionAlterations 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 works Modification 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
SuburbSuburb SuburbCLIFTON
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
JustificationJustification JustificationClause 4.3 Height of Buildings The 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 Ratio The 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.
ExtentExtent ExtentClause 4.3 Height of Buildings of Wollongong Local Environmental Plan 2009 Maximum permitted height: 9m Approved height: 12.3m Clause 4.4 Floor Space Ratio of Wollongong Local Environmental Plan 2009 Maximum FSR permitted: 0.3:1 Approved FSR: 0.36:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/969
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date06-07-2017
LotLot LotLot 2 DP 153824, Lot 3 DP 153824
AddressAddress Address48 Bank Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionDemolition of existing structures and construction of shop top housing comprising ground floor commercial and six residential levels with 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 JustificationObjectives 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.
ExtentExtent Extent20m separation distance between habitable parts of dwellings where minimum 7m separation distance proposed.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/1626
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date30-06-2017
LotLot LotLot 263 DP 826793
AddressAddress Address39 Ryan Street BALGOWNIE NSW 2519
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of a multi dwelling housing development containing five townhouses and basement car park for eleven cars
SuburbSuburb SuburbBALGOWNIE
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 Justification****DA REFUSED 30/6/17 *** consolidation of adjoining allotments not practicable
ExtentExtent Extentsite width 15.60m where minimum 18m required
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/1408
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date08-05-2017
LotLot LotLot 21 DP 879687
AddressAddress Address5 Bridge Street CONISTON NSW 2500
Zoning(s)Zoning(s) Zoning(s)B7 Business Park
DescriptionDescription DescriptionSubdivision - Torrens title - two (2) lots
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 JustificationIHAP considered the proposal on 24 April 2017 and supported the Council officer recommendation for approval. No built change proposed as part of the subdivision
ExtentExtent Extent0.5:1 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.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/635
DecisionDecision DecisionDeferred Commencement
Determination DateDetermination Date Determination Date03-02-2017
LotLot LotLot 9 Sec 2 DP 10566
AddressAddress Address36 Rowland Avenue 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)c4.3(2) Height of buildings
JustificationJustification JustificationThe proposal satisfies the objectives of the R1 General Residential 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.
ExtentExtent ExtentThe Height of Building Map provides for a maximum building height of 16m for the site. The applicant proposes a maximum height of the building 17.9m or a non compliance of 1.9m (11.8%).
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2015/1175
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date16-12-2016
LotLot LotLot 19 DP 4286
AddressAddress Address36-44 Underwood Street CORRIMAL NSW 2518
Zoning(s)Zoning(s) Zoning(s)B2 Local Centre
DescriptionDescription DescriptionDemolition 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
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 JustificationA 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.
ExtentExtent ExtentThe maximum height of buildings in the B2 zone is 15 metres whereas part of the proposal is 19.5 metres.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/823
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date13-12-2016
LotLot LotLot 2 DP 535694
AddressAddress AddressSt Marks 429 Crown Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionPlace of public worship - alterations and additions
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 JustificationReplacement 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.
ExtentExtent ExtentReplacement steeple has a height of 23.81m, thereby exceeding the 9m height limit by 14.81 metres.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/1430
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date07-12-2016
LotLot LotLot 8 DP 1015275
AddressAddress Address11 Cato Place MOUNT KEIRA NSW 2500
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - alterations and additions
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 JustificationThe 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.
ExtentExtent ExtentThe maximum floor space ratio in the E4 Environmental Living zone is 0.3:1 whereas the proposed is 0.39:1.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence