Agenda of Supplementary Local Planning Panel

Item No: 2.1
Title: DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking
Department: Environment and Planning
9 March 2023 Supplementary Local Planning Panel

Reference: DA/578/2021 - D15547979

Author: WSP Consulting Planners

Principal Development Planner: Salli Pendergast, Principal Development Planner

Section Manager: Emily Goodworth, Section Manager, Employment and Urban Release

Unit Manager: Andrew Roach, Unit Manager, Development Assessment

Executive: Alice Howe, Director Environment and Planning

Summary

A development application to construct a Residential Flat Building (RFB) at 16 Bayview Avenue (Lot 4 DP 17377), The Entrance was considered by the Local Planning Panel at its meeting of 23 September 2022. The matter was deferred for the provision of additional information by the applicant. The information has been provided and is forwarded for the Panel’s consideration in the determination of the application.

Applicant Mr Ziad Boumelhem

Owner Mr Mike Bachir

Application No DA/578/2021 (PAN – 98582)

Description of Land Lot 4 DP 17377 – 16 Bayview Avenue, The Entrance

Proposed Development Construction of a Residential Flat Building (12 units) and basement parking and associated works

Site Area 796m²

Zoning R3 Medium Density Residential

Existing Use Vacant lot

Estimated Value $4,115,451.00

Recommendation

1 That the Central Coast Local Planning Panel refuse the application subject to appropriate reasons for refusal detailed in the schedule attached to the report and having regard to the matters for consideration detailed in Section 4.15 of the Environmental Planning and Assessment Act 1979 and other relevant matters for consideration.

2 That Council advise those who made written submissions of its decision.

(Note: This application was assessed by planning consultants WSP (engaged as part of the Department of Planning and Environment Regional Housing Flying Squad Program). WSP authored the original planning report considered by the Panel but has finalised their involvement in this application).

Key Issues

1. Non-compliance with the mapped building height under Wyong Local Environmental Plan 2013;

2. Non-compliance with Apartment Design Guidelines (ADG) requirements;

3. Non- compliance with Wyong Development Control Plan 2013, particularly setbacks and building separation; and

4. Impacts on the amenity of adjoining properties.

Precis:

Proposed Development	Residential flat building (four storey) and associated works on vacant lot.
Permissibility and Zoning	The site is zoned R3: Medium Density Residential and the proposal for a residential flat building is permissible with consent in the zone.
Relevant Legislation	1. Environmental Planning and Assessment Act 1979 (EP&A Act 1997) 2. State Environmental Planning Policy (Biodiversity and Conservation) 2021 3. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 4. State Environmental Planning Policy (Resilience and Hazards) 2021 5. State Environmental Planning Policy (Transport and Infrastructure) 2021 6. Wyong Local Environmental Plan 2013 (WLEP 2013) 7. Central Coast Local Environmental Plan 2022 (CCLEP 2022) 8. Wyong Development Control Plan 2013 (WDCP 2013)
Current Use	Vacant lot
Integrated Development	Yes - The proposal requires dewatering, and as such is integrated development and requires General Terms of Approval from WaterNSW under Section 90(2) of the Water Management Act 2000
Submissions	Seven submissions were originally received. Note: The amended plans and revised Clause 4.6 were not further notified as the changes are not readily discernable.

Variations to Policies – Apartment Design Guidelines

Clause	· Part 3F Visual Privacy · Part 4A Solar and daylight access · Part 4D Apartment size and layout · Part 4E Private open space and balconies
Standard	· Minimum bedroom dimensions · Minimum dimension for private open space · Minimum side setbacks · Visual privacy · Building separation · Solar access
Policy/LEP/DCP	Apartment Design Guide (ADG)
Departure basis	See main body of report

Variations to Policies – Wyong Local Environmental Plan 2013

Clause	Clause 4.3 Maximum Building Height
Standard	Maximum 12m
LEP/DCP	Wyong Local Environmental Plan 2013 (WLEP 2013)
Departure basis	Originally 17.3m which equates to a 5.3m (44%) breach Note: Under amended plans there is no change to overall building height floor levels or to the main roof however, the lift overrun (which is the highest point) has been reduced from RL 31.350 to RL 31.000. This equates to a maximum height of 16.95m and a variation of 4.95m (41%) over the 12m control. Additionally, there appears to be some reduction in the level and size of the rooftop structure over the COS area (although no RL has been given and no details for the dimensions of the rooftop have been provided on the plan). There is also no accurate plan showing the facilities or layout of the rooftop area including the planter boxes and pool and access – which are only shown on elevations but not in plan layout).

Variations to Policies – Wyong Development Control Plan 2013

Clause	Chapter 2.11– Parking and Access
Standard	Section 3.3 - the proposed does not meet compliance with minimum carparking dimensions. Section 3.8 - the proposed basement provides a low level of passive surveillance.
LEP/DCP	Wyong Development Control Plan 2013
Departure Basis	As above Note: Under the amended information, the applicant’s traffic consultant confirmed that the parking space dimensions, aisle widths, ramp grade and width and passing bay width comply with the requirements of AS2090.1-2004.

Application History

DA/578/2021 was considered by the Panel at its meeting of 23 September 2022 where the Panel unanimously resolved as follows:

That the Local Planning Panel defer determination to allow the applicant to address the grounds for refusal identified below and within Council’s assessment report.

The Panel Reasons for the deferral decision were as follows:

1. While the applicant’s submission could have made a more substantial case justifying the non-compliance with the height limit with respect to zone objectives, the proposal is likely to have minimal impact on the existing streetscape and adjoining residential properties and will satisfy the underlying objectives of the standard. The Panel also formed the preliminary view that the development is compatible with the bulk, height and scale of existing and future character of the immediate streetscape and the proposed height is in keeping with the established building height set by adjoining 4 and 8 storey developments.

2. Front setback to the street does not comply, however appears to be consistent with established building line set by adjoining developments.

3. The development appears to provide adequate setbacks to adjoining residential properties to the north, south and west, given the sterilized nature of the site and proximity of buildings to the boundary on adjoining lots.

4. Further information relating to overshadowing impacts from developments to the north is required to fully assess amenity issues on the site and adjoining sites to the south. Shadow diagrams should be provided addressing the current proposal and a height compliant proposal.

(Note: Additional shadow diagrams were provided. A 12m height 3D Solar access diagram has been provided (refer plans DA-405 and DA-406 Revision C)).

5. The long-term liveability of the building needs to be addressed, including EV charging ports and associated infrastructure within garage area.

(Note: Plan DA-101 Revision C has been amended to include an electric vehicle charging station in visitor space 1).

Applicant’s response

In response to the Panel resolution for deferral, the applicant has provided amended plans and information in late January 2023 including:

1. Architectural Plans Issue C (prepared by Urban Link);

2. Response Letter to Panel Reasons for Decision and the Assessment Report Reasons for Refusal (prepared by Thynk Planners) and including a revised Clause 4.6.; and

3. Updated Swept Turning Path Diagrams (prepared by Varga Traffic Planning).

Reasons for Refusal

Included in Attachment 6 is a table that assesses the amended proposal against the original reasons for refusal. Revised reasons for refusal following consideration of the amended plans and information have also been included (in Attachment 7).

Conclusion:

The plans and information have included minor amendments to the proposal; however, the amended proposal still does not achieve reasonable compliance with the relevant planning controls under the ADG, WLEP 2013 and WDCP 2013, particularly in relation to building height and setbacks and the adverse impacts resulting from these non- compliances. On this basis, the application is recommended for refusal for the same reasons included under the original assessment report.

Attachments

1 ⇩	Assessment Report to Local Planning Panel Meeting - Friday, 23 September 2022	D15546542
2 ⇩	Issue C Architectural Plans - 16 Bayview Avenue, The Entrance_PAN-98582 - DA/578/2021	D15520380
3 ⇩	LPP Response Letter- 16 Bayview Avenue, The Entrance_PAN-98582 - DA/578/2021	D15520379
4 ⇩	Letter Response - Traffic - 16 Bayview Ave The Entrance_PAN-98582 - DA/578/2021	D15520377
5 ⇩	Amended DCP Assessment - 16 Bayview Ave, The Entrance - DA 578 2021	D15548124
6 ⇩	Table of assessment for Reasons for Refusal - 16 Bayview Ave The Entrance - DA/578/2021	D15548126
7 ⇩	16 Bayview Avenue, The Entrance - Revised Reason for refusal - DA/578/2021	D15548123

Item No: 1.1
Title: Disclosures of Interest
Department: Corporate Services
9 March 2023 Supplementary Local Planning Panel

*2.1*	*DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking*
*Attachment 1*	*Assessment Report to Local Planning Panel Meeting - Friday, 23 September 2022*

*2.1*	*DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking*
*Attachment 2*	*Issue C Architectural Plans - 16 Bayview Avenue, The Entrance_PAN-98582 - DA/578/2021*

*2.1*	*DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking*
*Attachment 3*	*LPP Response Letter- 16 Bayview Avenue, The Entrance_PAN-98582 - DA/578/2021*

*2.1*	*DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking*
*Attachment 4*	*Letter Response - Traffic - 16 Bayview Ave The Entrance_PAN-98582 - DA/578/2021*

*2.1*	*DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking*
*Attachment 5*	*Amended DCP Assessment - 16 Bayview Ave, The Entrance - DA 578 2021*

*2.1*	*DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking*
*Attachment 6*	*Table of assessment for Reasons for Refusal - 16 Bayview Ave The Entrance - DA/578/2021*

*2.1*	*DA/578/2021 - 16 Bayview Avenue, The Entrance - Construction of a residential flat building (12 Units) and basement parking*
*Attachment 7*	*16 Bayview Avenue, The Entrance - Revised Reason for refusal - DA/578/2021*