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Wollongong City Council

Variation to Development Standards Register

Showing 201 - 216 of 216 items
ApplicationApplication ApplicationDA-2019/698
LotLot LotLot 69 DP 877854
AddressAddress AddressDapto Public School66 Sierra DriveHORSLEY NSW 2530
DescriptionDescription DescriptionAlterations and additions to existing Educational Establishment to be undertaken in two stages including demolition works, tree removals, a new carpark, associated site works and landscaping
SuburbSuburb SuburbHORSLEY
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.3(2) Height of buildings
JustificationJustification JustificationStrict compliance with the height of buildings development standard would limit the ability to provide high quality cohesive learning spaces and would result in inefficient use of the site and reduce the quantity of open play space. In order, to keep Block I beneath the building height limit, there would need to be significantly increased excavation of the site or decreased floor to ceiling heights within classrooms; and• Block I has been designed as a high quality contemporary education building that responds to the low density residential character of Horsley and the existing character of Dapto Public School.This written request has been prepared to provide a detailed assessment in accordance with the statutory requirements of clause 4.6.
ExtentExtent ExtentThe Proposal exceeds the 9m height of buildings development standard under clause 4.3 of theWLEP 2009 with Block I having a maximum height of 10.4m measured to the southern eave ofBlock I, representing a variation of 1.4m and 16% exceedance.
ApplicationApplication ApplicationDA-2019/756
LotLot LotLot 17 Sec B DP 2205
AddressAddress Address65 Walker StreetHELENSBURGH NSW 2508
DescriptionDescription DescriptionMixed use - demolition of existing dwellings and excavation works, construction of mixed use development and basement carparking
SuburbSuburb SuburbHELENSBURGH
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.3(2) Height of buildings
JustificationJustification JustificationClause 4.6 justification provided for both WLEP 2009.Clause 4.3 and Clause 7.13 of Wollongong Local Environmental Plan 2009. A portion of the building exceeds the maximum height limit of 12 metres. Residential development is located on part of the ground floor of the building, which contravenes Clause 7.13 Certain land within business zones.
ExtentExtent ExtentMinor due to site constraints - steeply sloping constrained site
ApplicationApplication ApplicationDA-2019/774
LotLot LotLot 2 DP 151454
AddressAddress Address16 Smith StreetWOLLONGONG NSW 2500
DescriptionDescription DescriptionResidential - demolition of existing structures and construction of a residential flat building
SuburbSuburb SuburbWOLLONGONG
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec7.14 (1, 2) Minimum site width
JustificationJustification JustificationLot width 24m required (clause 7.14). Unreasonable and unnecessary in circumstances of the case. Suitable in zone and site context.
ExtentExtent ExtentLot width 20.11m
ApplicationApplication ApplicationDA-2019/779
LotLot LotLot 21 DP 609226
AddressAddress Address80 Market StreetWOLLONGONG NSW 2500
DescriptionDescription DescriptionCommercial - demolition of existing structures and construction of a six (6) storey development
SuburbSuburb SuburbWOLLONGONG
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification JustificationClause 8.6(2)(b) requires buildings on land within the B3Commercial Core be erected so that there is a distance of at least12 metres from any other building above the street frontage height and less than 45 metres above ground level.• Objectives Clause 8.6 are satisfied.• The objectives of the B3 Commercial Core zone are satisfied.• There are sufficient planning grounds to vary the buildingseparation in this instance given the design of the buildingresponds to the existing street tree and heritage item to theeast.• That compliance with the building separation standard isunnecessary in the circumstances of the case as the objectivesof the standard and zone objectives are met and strictcompliance with the 12m building separation would result in apoorer design outcome.
ExtentExtent ExtentThe variation is such that it cannot be defined in terms of a percentage variation. The building could be built to a streetfrontage height of up to 24m with no setback to the boundary. The proposed building only reaches a street frontage height ofapproximately 12.8m, with a setback then being provided for at the front and rear for the portion of the building abutting the building located to the west of the site. The lower street frontage height is desirable to better relate to the heritage item on the eastern side of Keira Lane and to retain and protect the street tree on Market Street.
ApplicationApplication ApplicationDA-2019/88
LotLot LotLot 1 DP 499682
AddressAddress Address157 Lawrence Hargrave DriveAUSTINMER NSW 2515
DescriptionDescription DescriptionResidential - demolition works, alterations and additions to existing dwelling and construction of a new secondary dwelling and garage
SuburbSuburb SuburbAUSTINMER
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.4(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 0.30:1Clause 4.4 Floor space ratio requirement - 0.3 :1Proposal – 0.325 :1 which represents a 7% exceedance
ApplicationApplication ApplicationDA-2019/921
LotLot LotLot 3 DP 16354
AddressAddress Address24 James RoadCORRIMAL NSW 2518
DescriptionDescription DescriptionSubdivision - Torrens title - two (2) residential lots
SuburbSuburb SuburbCORRIMAL
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.4(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%
ApplicationApplication ApplicationDA-2019/951
LotLot LotLot 9 SP 78814
AddressAddress Address9/8 Pioneer DriveWOONONA NSW 2517
DescriptionDescription DescriptionMezzanine level and Change of Use to Warehouse and Distribution Centre
SuburbSuburb SuburbWOONONA
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.
ExtentExtent ExtentClause 4.4 - 12% noncompliance to the 0.5:1 floor space ratio standard.
ApplicationApplication ApplicationDA-2020/213
LotLot LotLot 7 Sec 58 DP 3436
AddressAddress Address11 Princes HighwayDAPTO NSW 2530
DescriptionDescription DescriptionRespite care facility
SuburbSuburb SuburbDAPTO
Planning InstrumentPlanning Instrument Planning InstrumentSEPP Housing for Seniors/ People with a Disability
ClauseClause Clausecl 40 (2) Site Size
JustificationJustification JustificationA response to each of these approaches is therefore provided as it relates to the current proposal:That the objective would be defeated or thwarted ifcompliance was requiredNot applicable. The objective of the Clauses would beachieved if compliance was provided.That the development standard has been virtuallyabandoned or destroyed by the Council’s own actions indeparting from the standardNot applicableThe zoning of the land is unreasonable or inappropriate.The zoning of the land is appropriate.The underlying objective or purpose is not relevant to thedevelopmentThis is considered to be the most applicable of these considerations as the type of development (‘seniors housing’) is anomalous to the development standard in this instance. While some of the ground floor does incorporate residential accommodation, some more ‘active uses’ (ie. Ancillary health services etc) are also provided at the ground floor that are considered to meet the underlying objective of the standard. Therefore, it is more appropriate to state that the use (‘seniors housing’) in this instance, should not necessarily be strictly/technically considered ‘residential accommodation’. In this circumstance, the objective of the Development Standard is still relevant to the development (and has been satisfied).ANDThat the objective would be defeated or thwarted ifcompliance was requiredNot applicable. The development would not be permitted under the Seniors Living SEPP if compliance was required. However, it would still be permitted under the WLEP 2009, but significant development contributions would be required. It is noted that Wollongong City Wide Development Contributions Plan 2019 only provides for exemptions for Seniors Housing under the SEPP, and not the WLEP 2009, which is a technical anomaly. If approval is sought under the LEP (rather than the SEPP) contributionswould be payable, which impacts on the financial feasibility of the development.That the development standard has been virtuallyabandoned or destroyed by the Council’s own actions indeparting from the standardApplicable, as the development would still be permitted under the WLEP 2009. Hence the development standard is virtually not relevant in this circumstance.The zoning of the land is unreasonable or inappropriate.The zoning of the land is appropriate.The underlying objective or purpose is not relevant to thedevelopmentApplicable, as the development would still be permitted under the WLEP 2009. Hence the development standard is virtually not relevant in this circumstance.
ExtentExtent Extentclause 7.13 of WLEP2009 - Certain land within business zones. The ground floor of the eastern building contains residential development. The development also contravenes cl 40 (2) of SEPP Housing for Seniors and People with a Disability 2004 as relates to minimum site area providing for 907.4m2 in lieu of the required 1000 m2.
ApplicationApplication ApplicationDA-2020/290
LotLot LotLot B DP 378330
AddressAddress Address342-344 Lawrence Hargrave DriveTHIRROUL NSW 2515
DescriptionDescription DescriptionResidential - multi dwelling housing - demolition of existing dwelling, tree removals and construction of three (3) attached 3 storey dwellings over basement parking area
SuburbSuburb SuburbTHIRROUL
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.4(2) Floor space ratio
JustificationJustification JustificationThe request for departure to the development standard was submitted under Clause 4.6 and found worthy to be supported. Detail assessment of Cl.4.6 is within the assessment report.
ExtentExtent Extent9.5%
ApplicationApplication ApplicationDA-2020/35
LotLot LotLot 22 SP 55559
AddressAddress Address22/100-104 Corrimal StreetWOLLONGONG NSW 2500
DescriptionDescription DescriptionResidential - construction of roof level cabana for Unit 22
SuburbSuburb SuburbWOLLONGONG
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.3(2) Height of buildings
JustificationJustification JustificationRoof level strcuture (cabana) sits below existing maximum buidlng height of lift shaft/plant room. Additional height does not compromise achievement of objectives of the standard.
ExtentExtent Extentproposed cabab height 26.40 metres where permitted height 24.0 metres
ApplicationApplication ApplicationDA-2020/433
LotLot LotLot 22 DP 535482
AddressAddress Address22 Foley StreetGWYNNEVILLE NSW 2500
DescriptionDescription DescriptionResidential - demolition of existing buildings and construction of multi dwelling housing development comprising six (6) dwellings
SuburbSuburb SuburbGWYNNEVILLE
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec7.14 (1, 2) Minimum site width
JustificationJustification JustificationMinor variation to minimum lot width requirements of Clause 7.14 of WLEP 2009 for a portion of the L-shaped lot. Development is fully compliant with all other standards and the variation results in no adverse impacts on adjoining properties.
ExtentExtent Extent4.18%
ApplicationApplication ApplicationDA-2020/460
LotLot LotLot 1641 DP 1111189
AddressAddress Address164-166 Balgownie RoadBALGOWNIE NSW 2519
DescriptionDescription DescriptionConstruction of mixed use development consisting of a two (2) storey shop top housing building consisting of three (3) commercial tenancies and two (2) residential units and a three (3) storey residential flat building consisting of six (6) residential units and one (1) level of basement car parking
SuburbSuburb SuburbBALGOWNIE
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec7.13 Ground Floor dev on Business Zoned Land
JustificationJustification JustificationClause 7.13 requires that the ground floor will not be used for the purpose of residential accommodation.In the circumstances of this application, the site has dual frontages to the main road, and a secondary frontage to Church Street, which has a residential context and ground floor residential was deemed to be appropriate.Clause 7.14 requires a minimum site width of 24m.The reduced site width does not result in any unreasonable privacy or overlooking impacts to adjoining properties, and the proposal complies with the maximum height and FSR requirements. The site width increases to comply away from the direct road frontage, which allows a suitable built form on the site.
ExtentExtent ExtentThe application proposes residential accommodation on the secondary road frontage.Standard 24m, approved 20.7m or 13.8%
ApplicationApplication ApplicationDA-2020/605
LotLot LotLot 45 DP 1080717
AddressAddress Address17 Kembla StreetWOLLONGONG NSW 2500
DescriptionDescription DescriptionResidential - new rooftop pergola to existing roof terrace
SuburbSuburb SuburbWOLLONGONG
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.3(2) Height of buildings
JustificationJustification JustificationProposed height matches existing building height and does not exceed it. Proposed structure is minor and unlikely to impact amenity of surrounding area.
ExtentExtent ExtentProposed height of 29.32m, where 24m is permitted in accordance with Cl 4.3 of WLEP 2009.
ApplicationApplication ApplicationDA-2020/80
LotLot LotLot 1 DP 799059
AddressAddress Address290-294 Keira StreetWOLLONGONG NSW 2500
DescriptionDescription DescriptionDemolition of existing structures and construction of a seven (7) storey mixed use development comprising 34 residential units and two (2) commercial tenancies with 50 parking spaces
SuburbSuburb SuburbWOLLONGONG
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
JustificationJustification Justification• Objectives Clause 8.6 are satisfied.• The objectives of the B3 Commercial Core zone are satisfied.• There are sufficient planning grounds to vary the building separation in this instance given the ability to comply with visual appearance, privacy and solar access objectives required in this Clause. • The site is located within a commercial zone and the design is a direct repose to allow for housing within this zone.
ExtentExtent ExtentThis site is located 15m from the adjoining building. As a result, building separation will not be achieved from this site due to this building containing habitable components. A 16m separation is required.
ApplicationApplication ApplicationDA-2020/842
LotLot LotLot 3 DP 1156730
AddressAddress Address50 Armagh ParadeTHIRROUL NSW 2515
DescriptionDescription DescriptionResidential - alterations and additions
SuburbSuburb SuburbTHIRROUL
Planning InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.4(2) Floor space ratio
JustificationJustification JustificationThe applicant’s written request seeks to justify that compliance with the development standard is considered to be of similar nature to the current development and more appropriate for the residents. •The proposal is considered to achieve the objectives of the development standard;•The proposal is considered to achieve the objectives of the E4 Zone;•There are sufficient planning grounds to vary the floor space ratio in this circumstance for the following reasons:-The increase in floor space ratio relates to an increase in storage areas, as opposed to habitable living areas or bedrooms-The proposal will not result in an increase in vehicle or pedestrian traffic as the intended use of the structure remains the same-No structural works are required as part of the proposal as the carport is contained within the footprint of the dwelling. From the street, the only change to façade will be the addition of a garage door and therefore no excavation or heavy machinery is required. -There will be no increase in bulk or scale from the proposed works-No environmental constraints that limit the sites development potential;-The potential environmental and amenity impacts of the proposed development are no greater than those currently existing The written request has adequately addressed the matters required to be addressed under subclause (3).The proposal is for residential development which is consistent with the objectives for the zone.The proposal is considered consistent with the zone objectives and the objectives as detailed for floor space ratio under WDCP2009 and therefore despite the development departure, the development is considered within the public interest.
ExtentExtent Extent8.17%
ApplicationApplication ApplicationRD-2014/512/A
LotLot LotLot 32 DP 8682
AddressAddress Address28 Staff StreetWOLLONGONG NSW 2500
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 InstrumentPlanning Instrument Planning InstrumentWLEP 2009
ClauseClause Clausec4.4A Floor space ratio Wollongong City Centre
JustificationJustification JustificationApplication refused
ExtentExtent Extentapplication refused