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Wollongong City Council

Variation to Development Standards Register

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ApplicationApplication ApplicationDA-2016/842
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date07-12-2016
LotLot LotLot 4 DP 162065
AddressAddress Address29 Elliotts Road FAIRY MEADOW NSW 2519
Zoning(s)Zoning(s) Zoning(s)R3 Medium Density Residential
DescriptionDescription DescriptionResidential - demolition of existing dwelling and shed, boundary adjustment, construction of multi dwelling housing and 3 lot strata subdivision and dual occupancy with 2 lot strata subdivision
SuburbSuburb SuburbFAIRY MEADOW
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 Extent18m required, 16.53m provided
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2009/432/A
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date21-11-2016
LotLot LotLot 108 DP 262790
AddressAddress Address55 Shearwater Drive BERKELEY NSW 2506
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionAlterations to existing dwelling-house and extension to garage and deck - Modification A - relocation of garage roller door and internal widening of northern wall of garage
SuburbSuburb SuburbBERKELEY
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationUnauthorised works- refer to IHAP Report of 16/11/2016. Relocation of garage door and removal of internal wall has been undertaken without approval. Modification seeks approval for unauthorised works and departure from development standard 0.5:1.
ExtentExtent Extent0.52:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2015/1052
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date26-07-2016
LotLot LotLot 201 DP 1149577
AddressAddress Address35 Kenny Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionShop top housing/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 JustificationNo adverse impacts on amenity for occupants or adjoining properties with regard to privacy or solar access. Variation results in desirable built form and is conssitent with objectives of Clause 8.6. The application was referred to IHAP on 20 July 2016. The Panel agreed with the officer’s recommendation for approval.
ExtentExtent ExtentPermissible building separation under Clause 8.6(3)(b) - minimum 16m between habitable and any other building Approved building separation under Clause 8.6(3)(b) - minimum 3.64m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/1665
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date21-07-2016
LotLot LotLot 1 DP 784362
AddressAddress Address418 Crown Street WEST WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of multi dwelling housing
SuburbSuburb SuburbWEST 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 JustificationThe height restriction map indicates that a maximum height limit of 9m applies to the subject site. The proposed development has a height of 9.4m at the highest point. The applicant's submission in relation to Clause 4.6 variation to development standards is considered well founded and demonstrates that strict compliance with the development is unreasonable and unnecessary. Therefore it is recommended that the variation to the WLEP 2009 be supported. The application was referred to IHAP on 24 June 2015. All panel members concurred with the Council Officers recommendation.
ExtentExtent ExtentExceeds the height by 400mm considered minimal.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2016/234
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-06-2016
LotLot LotLot 16 DP 253965
AddressAddress Address14 Railway Terrace SCARBOROUGH NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - alterations and additions
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 JustificationReduction in FSR
ExtentExtent ExtentFSR exceeds 0.5:1 permitted under LEP
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2015/1655
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-05-2016
LotLot LotLot 4 DP 13990
AddressAddress Address10 Regent Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionConstruction of a twenty-two storey shop top housing development incorporating 151 residential apartments, 10 retail spaces, gymnasium, child care centre and 209 basement parking spaces
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 JustificationWLEP 2009 clause 8.6 building separation (2)(a). Compliance unreasonable as objective of clause best satisfied by the departure. The existing adjoining building has a side setback of 4.63m and so nil separation between the proposed and existing adjoining building is not able to be achieved. Adequate environmental planning grounds include design excellence achieved by design of the relevant southern elevation, where the curved framing portal is more effective within a side setback. The proposed separation achieves privacy and amenity for the proposed and adjoining building. DA has been to Design Review Panel and JRPP.
ExtentExtent Extent3m setback provided to Rawson Street (western boundary) at levels 1-4, where nil setback required
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/466/F
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date15-04-2016
LotLot LotLot 2 DP 561484
AddressAddress Address212 Reddalls Road KEMBLA GRANGE NSW 2526
Zoning(s)Zoning(s) Zoning(s)C3 Environmental Management; IN2 Light Industrial; RU2 Rural Landscape
DescriptionDescription DescriptionCar storage facility and vehicle processing facility to provide shade cover parking for 20,000 cars Modification F - amend condition 20 to enable buildings in excess of 9m high
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 requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone. The application was referred to IHAP on 6 April 2016. All Panel members concurred with the Council Officer's recommendation. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009.
ExtentExtent ExtentClause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009: Maximum permitted height 9m Approved height 12.93m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2015/639
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date15-12-2015
LotLot LotLot B DP 345709
AddressAddress Address10 Pleasant Avenue NORTH WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - Demolition of existing structures and construction of a 5 storey residential flat building over 2 levels of basement parking
SuburbSuburb SuburbNORTH 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 JustificationIt is considered that the proposed development has been designed appropriately with regard to the site constraints and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area. Only the southern portion of the land does not achieve the minimum site width, and a better built outcome would not be achieved if this portion was excluded from the development. The application was referred to IHAP on 21 October 2015. The IHAP panel members recommended some design issue changes to the development, namely, restricting the development to a height of 16 metres AHD, relocation of the bin storage area to the basement carpark level and some privacy to the adjacent ground floor balcony to unit 3, 6-8 Pleasant Avenue and lounge room windows of units 3, 5 and 7. The IHAP panel members indicated that the application could be approved under Council Officer delegation without the necessity of re-reporting back to IHAP, following the appropriate design changes to the proposed development. The revised proposal was subsequently endorsed by Council’s Manager Development Assessment & Certification (Acting).
ExtentExtent ExtentClause 7.14 requires a minimum site width of 24m for residential flat buildings. The site has frontage of 13.716m to Pleasant Avenue, expanding to a 30.175m rear boundary.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/1044
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date08-12-2015
LotLot LotLot C DP 418808
AddressAddress Address15 Foster Street HELENSBURGH NSW 2508
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionSubdivision - Torrens title - two residential lots
SuburbSuburb SuburbHELENSBURGH
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 JustificationClause 4.1 states that the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. The Lot Size Map indicates that the minimum lot size for the land is 449m2. The proposal will result in the creation of a lot measuring 440.3m2 which is 8.7m2 less than the minimum. This equates to a 2% shortfall. The proposal is not dissimilar to what could be achieved with a Dual Occupancy development and subsequent Torrens Title Subdivision which is permitted via 4.1.4C.
ExtentExtent ExtentThe Lot Size Map indicates that the minimum lot size for the land is 449m2. The proposal will result in the creation of a lot measuring 440.3m2 which is 8.7m2 less than the minimum. This equates to a 2% shortfall.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2015/389
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date21-08-2015
LotLot LotLot 1 DP 1108384
AddressAddress Address25 Stewart Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionAlterations and additions to existing Aldi Store and carpark reconfiguration
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 JustificationExisting store is already above the maximum 400sq.m limitation and the use is not changing. Proposal does not detract from the city centre objectives of WLEP2009.
ExtentExtent Extent490 square metres
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2015/827
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-08-2015
LotLot LotLot 7 SP 89977
AddressAddress Address7/21 Cemetery Road HELENSBURGH NSW 2508
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionIndustrial - first use as a depot (mobile food van) and construction of an internal storage mezzanine
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 JustificationThe 43.9sq.m mezzanine does not impact bulk or scale and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area.
ExtentExtent ExtentPermissible FSR: 0.5:1 Approved FSR: 0.515:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2015/666
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date17-08-2015
LotLot LotLot 5 SP 89977
AddressAddress Address5/21 Cemetery Road HELENSBURGH NSW 2508
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionIndustrial - construction of an internal storage mezzanine
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 JustificationThe 37.8sq.m mezzanine does not impact bulk or scale and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area. The application was referred to IHAP on 12 August 2015. All panel members concurred with the Council Officer's recommendation.
ExtentExtent ExtentPermissible FSR: 0.5:1 Approved FSR : 0.513:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-1998/275/B
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date03-08-2015
LotLot LotLot 703 DP 854202
AddressAddress Address10 Thomas Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription Description15 Units & 76 Msq Commercial Space with parking for 23 Cars Modification B - increase building height from 7 storeys to 8 storeys. Floor layout changes increasing the number of units from 15 to 25. Increase parking from 23 to 31 spaces with the addition of basement parking.
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 development does not result in any unreasonable impacts on the amenity of nearby properties in terms of overshadowing, privacy, loss of views, loss of daylight or natural ventilation.
ExtentExtent Extent1.8m over the height limit of 24m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2013/1419
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-07-2015
LotLot LotLot 4 DP 13990
AddressAddress Address10 Regent Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionConstruction of a 29 level (including basements) mixed use development incorporating retail, commercial, hotel, function, recreational and residential uses
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 existing adjoining building has a nil setback to the shared boundary, it does not contain residential uses and the relevant part of the southern elevation has no openings.
ExtentExtent ExtentBetween nil and 3.3m, where 12m is required
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2014/956
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date08-05-2015
LotLot LotLot 300 DP 827624
AddressAddress AddressHoward Court 27A Stewart Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B4 Mixed Use
DescriptionDescription DescriptionSeniors Living Development comprising 75 independent living units, car parking, cafe, activity spaces and partial demolition of existing 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; c8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationThe proposed height occurs in the northern part of the floorplate, only on Level 7. The proposed building separation of the southern section of Levels 2-4 is 14m, where 20m is required. The application was lodged on 12 August 2014, and therefore Council’s assumed concurrence applies. The requested exception to clauses 4.3(2) and 8.6(3) are considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variations and demonstrates that strict compliance with the development standards. The design intent accommodates a number of limiting factors in addition to the sun plane control (e.g. the desire to provide landscape connection through the site from Pioneer Rest Park to Stewart Street, the need for comfortable separation between the proposed building and existing Howard Court and desire to limit overshadowing into the central courtyard). Provision of an alternative complying design would have likely resulted in a deeper floorplate which may not have incorporated the central courtyard and which may have cast a longer shadow over the building and Howard Court. Similarly, building separation is unnecessary as none of the relevant rooms has openings on the eastern elevation. Privacy, noise transmission and general amenity will not be adversely affected by the reduced distance. It is noted that the objectives of both the building height and separation clauses are satisfied. The application was determined by the JRPP on 8 May 2015. All panel members concurred with the Council Officer's recommendation.
ExtentExtent ExtentHeight Permissible height: 24m. Approved 26.23m Building separation: Required separation 20m. Approved separation 14m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/1177
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-03-2015
LotLot LotLot 10 DP 216692
AddressAddress Address22 Walang Avenue FIGTREE NSW 2525
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionMixed Use Development - Shop Top Housing & Business Premises - alterations and additions to existing two storey dwelling house and shop complex
SuburbSuburb SuburbFIGTREE
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’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered well founded. In this circumstance, it is recommended that the variation to WLEP 2009 be supported. The application was referred to IHAP on 25 March 2015. All panel members concurred with the Council Officers recommendation.
ExtentExtent ExtentPermissible Height: 9m Approved Height: 9.9m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationRD-2014/512/A
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date19-12-2014
LotLot LotLot 32 DP 8682
AddressAddress Address28 Staff Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)SP1 Hospitals Medical Research & Development
DescriptionDescription DescriptionDemolition of existing buildings and construction of nine storey residential flat building comprising 34 apartments, 40 carparking spaces and ground floor medical suite
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
JustificationJustification JustificationApplication refused
ExtentExtent Extentapplication refused
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/1047
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-12-2014
LotLot LotLot 14 SP 81272
AddressAddress Address14/264-270 Lawrence Hargrave Drive THIRROUL NSW 2515
Zoning(s)Zoning(s) Zoning(s)B2 Local Centre; R2 Low Density Residential
DescriptionDescription DescriptionResidential - multi dwelling housing
SuburbSuburb SuburbTHIRROUL
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 subject site is located of a land zone transition from commercial to residential. The subject site has a maximum height of 9m the properties immediately to the South and West have a maximum building height of 12m. The bulk and scale is suitabel for the low density environment and the proposal complies with Council's FSR control. Solar access to adjoining properties considered acceptable. Proposal satisfies objectives of the zone. The proposal is in keeping with the Thirroul area and current community expectations and will provide an improved land use outcome for the site.
ExtentExtent ExtentHeight 9m Approved Height 11.25m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2008/314/B
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date28-11-2014
LotLot LotLot 101 DP 1126857
AddressAddress Address264-270 Lawrence Hargrave Drive THIRROUL NSW 2515
Zoning(s)Zoning(s) Zoning(s)B2 Local Centre; R2 Low Density Residential
DescriptionDescription DescriptionChange of use from commercial to residential – Modification B - minor increase in floor area, reduction in size of balconies and amendments to internal layout of Units 13 and 14
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 has provided sufficient justification for the proposed variation to the Floor Space Ratio development standard. The proposal has no impact on the bulk and scale of the development and does not alter the foot print of the approved development (as this is a modification to a previous consent). There are no external impacts arising from the increase in floor space ratio. The application was referred to IHAP on 26 November 2014. All Panel members concurred with the Council Officer's recommendation.
ExtentExtent ExtentPermitted FSR 1.5:1 Approved FSR 1.544:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2008/769/C
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date11-11-2014
LotLot LotLot 6 DP 1120230
AddressAddress Address61 Reddalls Road KEMBLA GRANGE NSW 2526
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionDesignated and Integrated Development - material recovery facility - licence under the Protection of the Environment Operations Act 1997 from the Department of Environment and Climate Change Modification C - to increase height and FSR, delete condition 13 (bushfire matters) and enclose the green waste receival and shredding facility
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 requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development both on the adjoining property and in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone. The application was referred to IHAP on 4 November 2014. All Panel members concurred with the Council Officer's recommendation. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009.
ExtentExtent ExtentClause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009: Maximum permitted height 9m Approved height 16.56m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2013/815
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date29-10-2014
LotLot LotLot 1 DP 189090
AddressAddress Address346 Lawrence Hargrave Drive THIRROUL NSW 2515
Zoning(s)Zoning(s) Zoning(s)R3 Medium Density Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of residential flat building (12 units) with basement carparking.
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 exception relates to Clause 4.4 of Wollongong Local Environmental Plan 2009 (WLEP) 2009 which identifies that consent must not be granted for development which exceeds the maximum 0.75:1 Floor Space Ratio (FSR) for the R3 zone. The proposed development has an FSR of 0.97:1 which results from additional floor area, with part of the basement/podium extending more than 1.2m from natural ground level, which must be included within the FSR calculation. In effect the contravention results from the need to minimise excavation within the Tree Protection Zone (TPZ) of a Heritage listed Fig Tree within the site and additional car parking provision for the development, to that which is required by Council’s controls.
ExtentExtent ExtentThe proposed development has an FSR of 0.97:1. This exceeds the maximum FSR of 0.75:1 by almost 1/3.
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/829
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date22-10-2014
LotLot LotLot 3 DP 1120230
AddressAddress Address6 Keevers Place KEMBLA GRANGE NSW 2526
Zoning(s)Zoning(s) Zoning(s)IN2 Light Industrial
DescriptionDescription DescriptionDesignated Development - Industrial - construction and operation of a static asphalt plant and associated infrastructure
SuburbSuburb SuburbKEMBLA GRANGE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2010 (West Dapto)
Clause(s)Clause(s) Clause(s)Clause 4.3(2) Height of Buildings
JustificationJustification JustificationThe requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan (West Dapto) 2010 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development both on the adjoining property and in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone. A delegate of The Director-General granted concurrence on 30 August 2013.
ExtentExtent ExtentClause 4.3 Height of Buildings of the Wollongong Local Environmental Plan (West Dapto) 2010 Maximum permitted height 9m Approved height 25.6m
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2014/589
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date20-10-2014
LotLot LotLot 2 DP 564910
AddressAddress Address172-174 Keira Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionCommercial - ground level and awning refurbishment and BCA compliance works
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
JustificationJustification JustificationAdditional floor space was predominantly internal (removal of non-compliant fire stairs), with minor increase in ground floor area (less than 12sqm). No adverse impacts with regard to bulk or scale.
ExtentExtent ExtentPermitted FSR 1.5:1 Approved FSR 1.65:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/689
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-09-2014
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 - dwelling house
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 applicant’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The proposed design of the dwelling significantly improves the amenity for the surrounding locality. The application was referred to IHAP on 16 September 2014. All Panel members concurred with the Council Officer's recommendation.
ExtentExtent ExtentHeight 9m Approved Height 10.5m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/613
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date29-08-2014
LotLot LotLot 1 DP 527353
AddressAddress Address292-294 Gipps Road KEIRAVILLE NSW 2500
Zoning(s)Zoning(s) Zoning(s)B1 Neighbourhood Centre
DescriptionDescription DescriptionMixed use development (Shop Top Housing) comprising 17 residential units over three retail suites and basement carparking
SuburbSuburb SuburbKEIRAVILLE
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.3(2) Height of buildings
JustificationJustification JustificationCouncil on the 21 May 2014 was returned of 100% assumed concurrence from the Director General of the DPE for exceptions to development standards due to Council implementing satisfactory internal processes in dealing with development applications that included such procedural matters as referral to the IHAP. This application was lodged on the 3 June 2014 and subsequently the exception can be assessed by Council accordingly. The extent of the non-compliance is restricted to the portion of land that has been excavated to accommodate the previous land use as a service station. It is expected that the proposal will present to the public domain, particularly Grey Street, as a compliant development.
ExtentExtent ExtentPermissible Height - 9m Approved Height - 10m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2014/286
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date04-08-2014
LotLot LotLot 2 DP 857097
AddressAddress Address440-450 Princes Highway TOWRADGI NSW 2518
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionEducation facility - refurbishment of existing buildings and construction of new buildings car parking and associated external works.
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; c4.4(2) Floor space ratio
JustificationJustification JustificationConcurrence granted by a delegate of the Director-General dated 24/06/2014. Height - The contravention to the height limit is required to provide for operational needs of the site for an appropriate outdoor recreational area on the roof terrace. The proposal is considered to be of high quality urban form and not to have unreasonable amenity impacts on the surrounding properties specifically in regard to views and sunlight received. Floor Space Ratio - The contravention to the floor space ratio is considered to have minimal impact due to the design of the building. The development is unlikely to result in unreasonable impacts on surrounding properties with regard to overshadowing, bulk and scale and visual impacts. Given the nature of the use for the site compliance with these two development standards is considered to be unreasonable in this instance.
ExtentExtent ExtentPermitted height 9m Approved height 11.05m Permitted FSR 0.5:1 Approved FSR 0.55:1
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/949
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date25-06-2014
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 - eight attached townhouses, alterations to existing dwelling, demolition of existing outbuildings
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 JustificationA statement addressing clause 4.6 Exceptions to development standards of WLEP 2009 was submitted with the application. The reduced site width affects the front of the site only, and expands to dimensions of approximately 49 metres by 49 metres, which is appropriate for multi-dwelling housing. The shortfall is minor, and has not prevented a suitable design.
ExtentExtent ExtentRequired = 18 metres Approved site width = 16.46 metres. The shortfall of 1.54 metres represents an 8.5% variation.
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/1061
DecisionDecision DecisionWithdrawn
Determination DateDetermination Date Determination Date09-04-2014
LotLot LotLot 3 DP 17709
AddressAddress Address82A Cliff Road WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - demolition of existing structures and the construction of a four storey residential flat building consisting of three units
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 JustificationApplicant considers that compliance with 24m site width would prohibit the redevelopment of the site for a residential flat building of any kind. Applicant considers design of building on reduced site width does not lead to any adverse impacts.
ExtentExtent Extent10 metres
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/1308
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date17-03-2014
LotLot LotLot 43 Sec 5 DP 1258
AddressAddress Address24 Young Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionCommercial premises - construction of a four (4) storey building
SuburbSuburb SuburbWOLLONGONG
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c8.4 (2) Minimum building street frontage
JustificationJustification JustificationObjective of the standard is not hindered. The application was peer reviewed internally and by IHAP.
ExtentExtent ExtentClause 8.4 WLEP 2009 minimum site width varied. Minimum lot width required is 20m; the subject site has a width of 10m.
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/698
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date12-03-2014
LotLot LotLot E DP 36549
AddressAddress Address40E Point Street BULLI NSW 2516
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionCommercial - alterations and additions with residential dwelling on top
SuburbSuburb SuburbBULLI
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 revised proposal is considered satisfactory in regard to Clause 4.6(3) as outlined below. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, Council considers the situation to be somewhat unusual and one where an FSR variation is not unwarranted considering the immediate context and neighbouring buildings. The site is part of a distinct cluster of adjoining lots with a unique character. The site areas are small and the existing buildings all exceed the maximum FSR of 0.5:1, ranging from approximately 0.9:1 to 1.3:1. In the circumstances, the proposed FSR of 1:1 is considered to represent an appropriate correlation with the existing built form and the applicable planning controls. Compliance with the standard is considered unnecessary and unreasonable in the circumstances. (b) that there are sufficient environmental planning grounds to justify contravening the development standard. In assessing whether there are sufficient environmental planning grounds to justify the variation, consistency with the objectives of the control and the zone are relevant. The revised proposal is considered to be acceptable in this regard as addressed at 4(a)(ii) below. At a higher level, the Objects of the Act are of relevance, in particular the aim of the promotion and co-ordination of the orderly and economic use and development of land. The proposal is considered to be an orderly development of the land. The reduction in bulk and scale provided in the revised plans results in a built form that is not inconsistent with the adjoining developments. The floor space ratio has been reduced to represent closer to an average of the FSR on the adjoining lots A through D. Adverse impacts on Lot D have been reduce through the removal of windows, increasing of the western setback and reduction in the projection of the adjoining wall. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), A suitable variation statement in accordance with this clause has now been submitted. (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, An assessment against the objectives of the development standard (clause 4.4) are as follows: (a) to provide an appropriate correlation between the size of a site and the extent of any development on that site, The revised design is considered to represent a reasonable correlation between the applicable planning controls, the site area and the adjoining development. (b) to establish the maximum development density and intensity of land use, taking into account the availability of infrastructure to service that site and the vehicle and pedestrian traffic the development will generate, The proposal is not expected to place an unreasonable demand on infrastructure or services. Waste servicing of the development can occur from Somerville Street. It is noted that parking has been raised as a concern in one of the submissions. The proposal provides a double garage for the residence as well as a commercial garage for the additional commercial space in compliance with Council controls. It is also noted that the creation of the driveways will result in a loss of up to three on street parking spaces on Somerville Street. The occupation of the commercial space as well as the residence would likely result in an increase in traffic generation in the locality. However, the removal of spaces on Somerville Street may alleviate an issue identified in a submission of Somerville Street becoming effectively single lane when cars are parked on both sides. In light of the above, and the small scale of the commercial component, the proposal is not expected to result in any significant traffic issues for the locality. (c) to ensure buildings are compatible with the bulk and scale of the locality. The revisions to the design overall reduce the bulk substantially and are considered to result in a development that is compatible with adjoining developments and the locality. The building is now considered to primarily present as two storey in scale. There are further not expected to be any unreasonable impacts on adjoining development arising from the proposal. As assessment against the objectives for development in the R2 zone is provided below. ? To provide for the housing needs of the community within a low density residential environment. The proposal provides for housing needs of the community and is of a scale compatible with the surrounding development. ? To enable other land uses that provide facilities or services to meet the day to day needs of residents. The proposal incorporates a commercial component consistent with this objective. (b) the concurrence of the Director-General has been obtained. Concurrence was previously provided by the Director-General
ExtentExtent Extent100%
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/986
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date06-03-2014
LotLot LotLot 2 DP 70662, Lot 1 DP 71070, Lot A DP 396278
AddressAddress AddressOxford Hotel 47-51 Crown Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B3 Commercial Core
DescriptionDescription DescriptionMixed use development including demolition of existing structures and construction of 18 commercial units, 135 residential units 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 JustificationJustification provided under clause 4.6. 0m separation s building share a common wall on boundary
ExtentExtent Extent0m setback instead of 20m separation
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/1471
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date19-12-2013
LotLot LotLot 1 DP 152797
AddressAddress Address18 Kembla Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionResidential - Residential Flat Building - comprising of 6 x 1 bed units and 18 x 2 bed units over basement parking with demolition of existing structures
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 JustificationClause 4.6 variation statement submitted
ExtentExtent ExtentRequired to be 24m however site is only 15m
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/1196
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date13-12-2013
LotLot LotLot A DP 160389
AddressAddress Address11 Hunter Street BALGOWNIE NSW 2519
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - multi dwelling housing development - three (3) 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 JustificationThe applicant's submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The application was referred to IHAP on the 10 December 2013 and all panel members concurred with the officer's recommendation.
ExtentExtent ExtentRequired minimum site width 18m. Site has a minimum width of 17.31m at the front property boundary.
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2013/664
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date20-11-2013
LotLot LotLot 2 DP 38009
AddressAddress Address31 Murphys Avenue GWYNNEVILLE NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionDemolition of existing structures, construction of three townhouses, and strata subdivision to create three lots
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 JustificationThe variation to the minimum site width will have only a minor impact. The reduced minimum site width has not prevented a suitable design.
ExtentExtent ExtentMinimum site width = 18.0 metres Approved site width = 17.863 metres
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2013/839
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date20-11-2013
LotLot LotLot 307 DP 1165206
AddressAddress Address9 Morson Avenue HORSLEY NSW 2530
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionSubdivision - Torrens title - thirteen residential lots
SuburbSuburb SuburbHORSLEY
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2010 (West Dapto)
Clause(s)Clause(s) Clause(s)Clause 4.1 Minimum Lot Size
JustificationJustification JustificationThe applicant's submission in relation to Clause 4.6, variation to development standard, has been assessed and is considered to be well founded. In this instance, it is recommended that the variation to WLEP (WD) 2010 be supported. The proposed minimum lot sizes are consistent with the lot layouts for surrounding areas, will not adversely affect adjoining residences and are capable of accomodating a compliant dwelling. The application was referred to IHAP on 12 November 2013. All panel members concurred with the Council Officer's recommendation.
ExtentExtent Extent13 residential allotements proposed, 10 lots are less than the minimum lot size as per WLEP (WD) 2010. Minimum lot size permitted: 450sqm Approved minimum lot size: 10 lots less than 450sqm, greater than 300sqm
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/777
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date21-10-2013
LotLot LotLot 9 DP 1015275
AddressAddress Address13 Cato Place MOUNT KEIRA NSW 2500
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living
DescriptionDescription DescriptionResidential - patio roof and extension to existing garage
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 JustificationJustification provided by applicant. Variation minor, and acceptable in the circumstances.
ExtentExtent ExtentPermitted FSR 0.3:1 Approved FSR 0.3114:1
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2006/1156/D
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date14-10-2013
LotLot LotLot 7 DP 33638
AddressAddress Address14 Virginia Street NORTH WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionDemolition of all existing structures/buildings and construction of a multi-unit residential flat building comprised of 4 x 3 bedroom, 23 x 2 bedroom and 9 x 1 bedroom units over basement parking Modification D - awning to penthouse 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 JustificationThe development is considered satisfactory in regard to clause 4.6 as outlined below. (1) The objectives of this clause are as follows: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and Given the existing approved building height, minor nature of the modification and location of the awning, compliance with the height control is considered unreasonable and unnecessary in this case. There will be no amenity impacts arising on adjoining development and the appearance of the development will not alter significantly. (b) that there are sufficient environmental planning grounds to justify contravening the development standard. The awning increases the amenity of the subject unit through the provision of protection from the sun. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) equest has adequately addressed the matters required to be demonstrated by subclause (3), and The applicant has not provided a written request to vary the standard however given the minor nature of the variation and lack of any impacts Council has done this assessment. (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, The objectives of the height are as follows: (a) to establish the maximum height limit in which buildings can be designed and floor space can be achieved, (b) to permit building heights that encourage high quality urban form, (c) to ensure buildings and public areas continue to have views of the sky and receive exposure to sunlight. The proposal is consistent with these objectives as follows: The proposal does not exceed the existing approved maximum building height. The awning will not appreciably alter the appearance of the building and is consistent with the approved built form. The awning will not impact on the skyline. The awning is considered to improve the amenity of the subject unit by providing protection from the sun and a more practical private open space. The objectives for development in the R1 zone are as follows: To provide for the housing needs of the community. To provide for a variety of housing types and densities. To enable other land uses that provide facilities or services to meet the day to day needs of residents. The proposal is not considered to be contrary to any of these objectives. (b) the concurrence of the Director-General has been obtained. Provided.
ExtentExtent Extent6.7%
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2002/953/A
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date30-08-2013
LotLot LotLot A DP 155025
AddressAddress Address11 West Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)B6 Enterprise Corridor
DescriptionDescription DescriptionAlterations And Additions and Use as Office Modification A - modification to internal layout
SuburbSuburb SuburbWOLLONGONG
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 additional FSR is being added wholly within the building. There is no impact of additional bulk and scale. Traffic impact considered satisfactory.
ExtentExtent ExtentVariation from 0.5:1 to 0.9: FSR
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2006/1525/C
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date05-08-2013
LotLot LotLot 1 DP 1226665
AddressAddress Address68 Cliff Road WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R1 General Residential
DescriptionDescription DescriptionDemolition of building and construction of six storey residential flat building comprising five units. Modification C to reduce number of units to 3, internal rearrangement of floorplan, changes to elevations, deletion of one storey and deletion of 3 car parking spaces
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 JustificationBuilding Height Exception to development standard under Clause 4.3 Building Height. Maximum building height permitted is 16m and proposed building height is 17.24m. The proposed building height is lower than the previously approved maximum building height of 18.77m by 1.49m and has a lesser impact than the existing approval. Minimum Site Width Exception to development standard under Clause 7.14 Minimum Site Width. Minimum site width required for residential flat buildings is 24m, and existing site width is 15.392m. Site is an isolated lot and unable to be amalgamated to achieve minimum site width. Site has a previous approval for a residential flat building on the site. Department of Planning and Infrastructure has granted their concurrence.
ExtentExtent ExtentBuilding height 7.5% Minimum site width 36%
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2013/462
DecisionDecision DecisionRefused
Determination DateDetermination Date Determination Date29-07-2013
LotLot LotLot 44 DP 8682
AddressAddress Address33 Staff Street WOLLONGONG NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of two existing cottages and construction of 15 units and subdivision - strata title - 15 residential lots
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 JustificationInsufficient justification
ExtentExtent Extent<10%
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/987/B
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date25-06-2013
LotLot LotLot 52 DP 749935
AddressAddress Address76-78 Station Road OTFORD NSW 2508
Zoning(s)Zoning(s) Zoning(s)C3 Environmental Management; C4 Environmental Living
DescriptionDescription DescriptionResidential - demolition of existing dwelling and construction of new two storey dwelling house - modification to add additional bedroom and robe to upper level
SuburbSuburb SuburbOTFORD
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationCouncil considers the applicant has provided sufficient planning grounds to justify contravening the Floor Space Ratio development standard such that the requirements of Clause 4.6 Exceptions to Development Standards of WLEP 2009 have been satisfied. The proposal it is considered will not increase the footprint of the approved dwelling, will have minimal environmental impacts, is comparative in scale to surrounding development, improve the built character and form of the dwelling and have minimal impact on the adjoining properties in terms of privacy, overshadowing and view loss. Concurrence was granted by the Director General on the 31/05/13.
ExtentExtent ExtentPermitted FSR 0.3:1 Approved FSR 0.356:1
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/1311
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date16-04-2013
LotLot LotLot 5800 DP 1132696
AddressAddress AddressHill Crest Home 1A Railway Crescent STANWELL PARK NSW 2508
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - seniors housing development comprising four independent living units and a 44 bed residential aged care facility (Stage 2)
SuburbSuburb SuburbSTANWELL PARK
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's submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The proposed design of the residential care facility significantly improves the useability of the structure and enables the lift overrun to be concealed as to minimise the impact of the proposal on the heritage value of Hillcrest House. Concurrence granted by Director General on 11/02/2013. The application was referred to IHAP on the 11 April 2013 and all panel members concurred with the officer's recommendation.
ExtentExtent ExtentMaximum height permitted - 9m Approved height - 11.75m
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/1194
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date05-04-2013
LotLot LotLot 10 DP 867659
AddressAddress Address25 Cedar Grove KEIRAVILLE NSW 2500
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential; RE2 Private Recreation
DescriptionDescription DescriptionResidential - alterations and additions to dwelling house
SuburbSuburb SuburbKEIRAVILLE
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’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance it is recommended that Council supports this variation to the LEP 2009. The proposed design of the dwelling significantly improves the amenity of the building for the owners; it addresses the internal water issues currently experienced with the existing flat roof design. The application was referred to IHAP on 14 March 2013. All Panel members concurred with the Council Officer's recommendation.
ExtentExtent ExtentHeight 9m Approved Height 9.436m
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2012/1172
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date18-02-2013
LotLot LotLot 222 DP 1130028
AddressAddress Address33A Hospital Road BULLI NSW 2516
Zoning(s)Zoning(s) Zoning(s)C4 Environmental Living; R2 Low Density Residential
DescriptionDescription DescriptionResidential - dwelling house
SuburbSuburb SuburbBULLI
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)WLEP 2009
Clause(s)Clause(s) Clause(s)c4.4(2) Floor space ratio
JustificationJustification JustificationConcurrence granted by Director General on 21/1/2013. The matter was referred to IHAP on 12 February 2013 in accordance with IHAP charter. IHAP recommended the application be approved in accordance with the officers recommendation as per Clause 9.2 of the IHAP Charter.
ExtentExtent ExtentPermitted FSR in Zone E4 0.3:1 Approved FSR in Zone E4 0.55:1
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/1136
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date10-01-2013
LotLot LotLot 42 SP 83610
AddressAddress Address42/25 Carters Lane FAIRY MEADOW NSW 2519
Zoning(s)Zoning(s) Zoning(s)SP3 Tourist
DescriptionDescription DescriptionResidential - awning
SuburbSuburb SuburbFAIRY MEADOW
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 awning is over an existing balcony. The maximum height of the awning is 11.6 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The awning height is below the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties.
ExtentExtent ExtentThe awning has a maximum height of 11.6m, which is 2.6m above the maximum 9m height limit (29% variation)
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/1129
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date09-01-2013
LotLot LotLot 40 SP 83610
AddressAddress Address40/25 Carters Lane FAIRY MEADOW NSW 2519
Zoning(s)Zoning(s) Zoning(s)SP3 Tourist
DescriptionDescription DescriptionResidential - awning
SuburbSuburb SuburbFAIRY MEADOW
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 awning is over an existing balcony. The maximum height of the awning is 9.1 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The extent of the departure is minor and the awning height is less than the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties.
ExtentExtent ExtentThe height of the awning is 9.1m, thereby exceeding the maximum 9m height permitted by 0.1m (1.1% variation).
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2012/1187
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date09-01-2013
LotLot LotLot 10 SP 83610
AddressAddress Address10/25 Carters Lane FAIRY MEADOW NSW 2519
Zoning(s)Zoning(s) Zoning(s)SP3 Tourist
DescriptionDescription DescriptionResidential - awning
SuburbSuburb SuburbFAIRY MEADOW
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 awning is over an existing balcony. The maximum height of the awning is 9.1 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The extent of the departure is minor and the awning height is less than the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties.
ExtentExtent ExtentThe maximum height of the awning structure is 9.1m, which exceeds the maximum permitted building height of 9m by 0.1m (1.1% variation).
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence
ApplicationApplication ApplicationDA-2012/1132
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date09-01-2013
LotLot LotLot 56 SP 83610
AddressAddress Address56/25 Carters Lane FAIRY MEADOW NSW 2519
Zoning(s)Zoning(s) Zoning(s)SP3 Tourist
DescriptionDescription DescriptionResidential - awning
SuburbSuburb SuburbFAIRY MEADOW
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 variation relates to an awning over an existing balcony. The awning has a height of 11.6 metres where the maximum height limit permitted for the site is 9 metres. The height of the awning is less than the overall height of the existing residential flat building which is 13.6 metres. The awning is lightweight and open in form and will have minimal visual impact from surrounding properties and will not detrimentally impact on adjoining properties.
ExtentExtent ExtentProposed 11.6m awning height exceeds the 9m height limit by 2.6m (29% variation).
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/828
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date03-01-2013
LotLot LotLot 1 DP 209007
AddressAddress Address143 North Marshall Mount Road MARSHALL MOUNT NSW 2530
Zoning(s)Zoning(s) Zoning(s)1 Non Urban
DescriptionDescription DescriptionSubdivision - boundary adjustment
SuburbSuburb SuburbMARSHALL MOUNT
Planning Instrument(s)Planning Instrument(s) Planning Instrument(s)LEP 1990
Clause(s)Clause(s) Clause(s)C13(1) Subdivision Zone 1
JustificationJustification JustificationThe variation relates to the boundary adjustment of the existing allotment (Lot 1) with an area of 1.96 hectares that already does not comply with the minimum lot size required of 40 hectares. The proposed boundary adjustment will increase the area of Lot 1 by 3818m2 to 1.962 hectares and enable the existing associated boundary fence and structures to be contained wholly within Lot 1. As a result of the proposal the area of Lot 2 will decrease slightly with a total area of 50.43 hectares and thus remain compliant with the 40 hectare minimum lot size requirement. It is considered the proposed boundary adjustment will enable a more orderly use and management of the land, for both allotments and will not result in adverse impacts. Concurrence was granted by a delegate of the Director General on 6 September 2012.
ExtentExtent ExtentLot size Permissible lot size 40 hectares Approved lot size 1.962 hectares
Concurring AuthorityConcurring Authority Concurring AuthoritySecretary of NSW Dept Planning and Environment
ApplicationApplication ApplicationDA-2012/856
DecisionDecision DecisionApproved
Determination DateDetermination Date Determination Date29-11-2012
LotLot LotLot 27 DP 8096
AddressAddress Address15 Boyce Avenue AUSTINMER NSW 2515
Zoning(s)Zoning(s) Zoning(s)R2 Low Density Residential
DescriptionDescription DescriptionResidential - demolition of existing dwelling and construction of dwelling house and swimming pool
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 JustificationMinimal impact on streetscape and amenity of neighbouring properties.
ExtentExtent Extent5% OR 9.5m (9m max)
Concurring AuthorityConcurring Authority Concurring AuthorityCouncil under assumed concurrence