Meeting Date: Monday, 05 June, 2017
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Clr Patricia White - Chairperson
General Manager or nominee
DE17.44...... Development Application – 5 Spinnaker Street, Vincentia – Lot 716 DP 1204850........................................................................................................................ 1
Addendum Agenda - Development Committee – Monday 05 June 2017
DE17.44 Development Application – 5 Spinnaker Street, Vincentia – Lot 716 DP 1204850
DA. No: DA16/2473/4
HPERM Ref: D17/177122
Group: Planning Environment & Development Group
Attachments: 1. Statement of Environmental Effects - Lot 716 DP 1204852 - Spinnaker St Vincentia ⇩
Description of Development: Erection of dual occupancy and torrens title subdivision
Owner: Sandygate Pty Ltd
Applicant: Lee Carmichael Town Planning
Notification Dates: 5 January 2017 to 20 January 2017
No. of Submissions: Nil in objection
Nil in support
Purpose / Reason for consideration by Council
Council is in receipt of a development application to construct a dual occupancy and create a torrens title subdivision on lot 716 DP 1204850, 5 Spinnaker St, Vincentia. The site currently has an area of 896m2 and the subdivision proposes 2 allotments each with an area of 448m2.
The land is zoned R2 - low density residential under the Shoalhaven Local Environmental Plan 2014 (SLEP14). In accordance with clause 4.1, the lot size map requires a minimum subdivision lot size of 500m2. The resultant allotments of 448m2 represent a 10.4% variation to the development standard.
These variations are beyond the procedures for cl 4.6 variations which provides for variations in excess of 10% to be reported to Council. The application is therefore presented to Council for determination of the variation.
That the Development Committee:
1. Support the 10.4% variation to the minimum lot size set by clause 4.1 of Shoalhaven LEP 2014 for allotments at 448 m2 each for torrens title subdivision of dual occupancy to be erected at 5 Spinnaker Street Vincentia – LOT 716 DP 1204850;
2. Refer the application back to staff for determination
1. Support the variation
Implications: Subject to the satisfactory completion of the section 79C assessment of the development application the application can be determined by way of approval under delegated authority
2. Not support the variation
Implications: The application could not proceed and it would be determined by way of refusal. The applicant would have a right to appeal to the Land and Environment Court.
The subject site is identified as Lot 716, DP1204850, 5 Spinnaker St Vincentia. The site is located on a bend within Spinnaker Street and it faces bushland which is privately owned.
The site is located in the Bayswood estate and is north-west of Vincentia Shopping Centre. The site is accessed from Seagrass Avenue and Naval College Road.
Figure 1 – an aerial view showing the location of allotment on Spinnaker Street
The proposal is to construct a dual occupancy and subdivide the existing allotment. The proposed subdivision and layout of the development is shown in Figure 2.
Figure 3 - Proposed dwelling location and subdivision plan
Site & Context
Spinnaker Street was created as part of the Bayswood estate which is located approx. 2.5km west of Vincentia. Bayswood estate is a relatively new staged subdivision surrounded by bushland.
The adjoining allotments to the east of the subject site are all 630m2. The adjoining allotments to the north are 716m2 and 629m2. There are allotments in Haylard Lane which are 340m2, however most of lots within the vicinity of the subject site are all over 500m2.
This site is part of a larger staged subdivision that has been developed over several years. Spinnaker Street is one of the more recently released stages under development with dwellings currently under construction and some remaining vacant allotments.
Clause 4.1 Minimum subdivision lot size, Shoalhaven Local Environmental Plan 2014
The subdivision proposes 2 allotments each with an area of 448m2. Clause 4.1 of SLEP2014 requires a minimum lot size of 500 m2 and the proposed lots are 52 m2 short of this figure. This represents a 10.4% variation to the development standard (ie. 52/500 = 10.4%).
Clause 4.1A of SLEP relates to exceptions to the minimum lot sizes for dual occupancies and multi dwelling housing. This does not apply as the land does not fall within the area identified as “Area 1” or “Area 2” on the “Lot Size Map” of SLEP2014. Council has previously resolved that the provision for dual occupancy subdivision be reviewed and that the review include consideration of where strata subdivision would be an appropriate alternative. This project has been included in Strategic Planning’s works program.
The following information was provided by the applicant in support of this variation:
· Clause 4.6 variation statement for clause 4.2D included in statement of environmental effects (Attachment 1).
The principal reasons for support outlined in the variation statement are:
· The proposal contributes towards providing additional saleable housing in the locality.
· The proposal cannot reasonably be regarded as one that will substantially alter the low density nature of the existing residential environment. There are many lots within the immediate locality (i.e. the 'Bayswood' subdivision) that are of similar size to those proposed as part of this application;
· The proposal will facilitate the construction of detached housing.
· The proposal to construct the dual occupancy and subdivide will be compatible with the existing built environment.
The applicant needs to demonstrate that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard. Council cannot grant consent for such a development unless it is satisfied the applicant has adequately addressed the above matters. Further, the proposal must be in the public interest because it is consistent with the objectives of both the development standard and the zone in which the development is proposed.
The objectives of the development standard are:
(a) to ensure that subdivision is compatible with, and reinforces the predominant or historic subdivision pattern and character of, an area,
(b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls.
The development is considered to be consistent with the objectives of the development standard for the following reasons:
· The resultant allotments are only a 10.4% variation to the standard and it is considered compatible with the existing subdivision pattern;
· Both proposed allotments can achieve a reasonable single storey three bedroom dwelling house with adequate off street vehicle parking and sufficient private open space;
· The proposal also meets the general requirements of Council’s Chapter G13 Dual occupancy development of Shoalhaven Development Control Plan 2014 (SDCP2014), including solar access;
· The proposed development will not have an adverse impact on adjoining development in terms of loss of views, privacy and amenity.
The objectives of the R2 – Low Density Residential zone are:
· To provide for the housing needs of the community within a low density residential environment.
· To enable other land uses that provide facilities or services to meet the day to day needs of residents.
· To provide an environment primarily for detached housing and to ensure that other development is compatible with that environment.
Development for the purpose of detached dual occupancy is permissible with consent. The proposal to subdivide the completed development will provide for the housing needs of the community as each lot is on-sold to new owners. Retaining the land as one allotment is inconsistent with the objectives of improving housing affordability.
The new dwellings will comply with the dual occupancy requirements for adaptable housing and this broadens the appeal for new owners catering for the elderly and those with a disability. The development is located in easy distance to shops, restaurants and transport networks.
Consequently the development is considered to be consistent with the zone objectives. The applicant has adequately addressed the required matters and the proposal will be in the public interest because it is consistent with the objectives of both the development standard for subdivisions and those of the R2 Low Density Residential zone.
The Development Application will be assessed under s79C of the Environmental Planning and Assessment Act 1979.
There are no specific policy implications that arise from this matter. Clause 4.6 of Shoalhaven Local Environmental Plan 2014 provides the legal ability for Council to grant the variation to development standards and Councils adopted Internal Procedure PRD15/143 provides the framework to ensure the process is conducted in a manner which does not undermine the development standard.
Consultation and Community Engagement:
Notification was carried out in accordance with Council’s Community Consultation Policy with letters sent to owners of seven (7) properties within a 100m buffer of the site. The notification was for a 14 day period.
No submissions were received during or after the notification period.
If the decision is appealed it will result in costs to Council for defending the appeal. In most cases this prospect is reasonably remote and is not a matter Council is required or entitled to consider in determining a development application. Accordingly it should not be given any weight in Council’s decision.
If the application is refused, or if the applicant is dissatisfied with Council’s determination, the applicant is entitled to appeal to the Land and Environment Court.
Under some circumstances, third parties may have a right to appeal Council’s decision to the Land and Environment Court.
Summary and Conclusion
The variation to the minimum lot size should be supported for a number of reasons including:
· The proposed development complies with Councils DCP provisions;
· The development will not significantly impact upon the surrounding development;
· No submissions were received in relation to the development or the variation.