Regional Development Committee
Meeting Date: Thursday, 28 March, 2019
Location: Jervis Bay Rooms, City Administrative Centre, Bridge Road, Nowra
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2. Confirmation of Minutes
· Regional Development Committee - 26 March 2019
3. Declarations of Interest
RD19.1........ Regional Development Application (RA17/1002) – 204, 206 & 208 Kinghorne Street - Lot 1 DP 130928, Lot A DP 370205 & Lot 5 DP 542693 and 19 & 21 Gould Avenue - Lot A DP 392035 & Lot B DP 370205............................................................ 1
Regional Development Committee – Thursday 28 March 2019
Clr Gash - Chairperson
Mr Russ Pigg or nominee
Quorum – Three (3)
To Consider staff reports sent to the Joint Regional Planning Panel
To make determinations in support or otherwise in relation to reports sent to the Joint Regional Planning Panel, including making representations to the Joint Regional Planning Panel.
Regional Development Committee – Thursday 28 March 2019
Development Application (RA17/1002) – 204, 206 & 208 Kinghorne Street
- Lot 1 DP 130928, Lot A DP 370205 & Lot 5 DP 542693 and 19 & 21
Gould Avenue - Lot A DP 392035 & Lot B DP 370205
HPERM Ref: D19/87704
Group: Planning Environment & Development Group
Section: Development Services
Purpose / Summary
To review the staff section 4.15 Assessment Report which has been submitted to the Regional Planning Panel for consideration at its meeting on 15 April 2019.
The Regional Planning Panel (RPP) was formerly the Joint Regional Planning Panel (JRPP). Any reference to the JRPP is taken to mean the RPP for the purposes of this report and attachments.
The report is submitted for consideration and support of the staff assessment report.
1. Support the staff recommendation to the Regional Planning Panel (RPP) Southern Regional recommending refusal of the application and advise the RPP accordingly.
Implications: The recommendation would be provided to the RPP for their information as part of their consideration of the regional application.
2. Make an alternative resolution and make a separate submission to the RPP.
Implications: The alternative resolution would be provided to the RRP for their consideration.
The RPP will be the determining authority for the application
The development application (DA), as amended, proposes the construction of a residential apartment complex consisting of 91 apartments as follows:
Two x four storey residential buildings containing:
o 4 x studio apartments;
o 16 x one-bedroom apartments;
o 45 x two-bedroom apartments;
o 26 x three-bedroom apartments; and
o A basement car parking area with 140 spaces.
Two-way vehicular access to the basement is proposed from Gould Avenue.
Remnant vegetation on all lots is proposed to be removed.
A site plan, ground floor, elevations, landscape plan and photomontages are provided in Figures 1 – 10.
The demolition of the existing dwellings on the site are not included in this application and will be subject of a separate Complying Development Certificate (CDC).
Figure 1 - Site Plan of the proposed development.
Figure 2 - Basement floor plan of the proposed development.
Figure 3 – Elevation of the proposed development (southern – Kalandar Street).
Figure 4 - Elevations of the proposed development (northern elevation).
Figure 5 - Elevation of the proposed development (western elevation - Kinghorne Street).
Figure 6 - Elevation of the proposed development (eastern elevation - Gould Avenue).
Figure 7 - Landscape plan of the proposed development.
Figure 8 - Photomontage view from the south-eastern (Kalandar Street at Gould Avenue).
Figure 9 - Photomontage view from the south west (Kinghorne Street).
Subject Land and Surrounds
The land is located on the corner of Kinghorne and Kalandar Street and Gould Avenue in Nowra. The site comprises 5 separate parcels of land being 204, 206 and 208 Kinghorne Street and 19 & 21 Gould Avenue - Lot 1 DP 130928, Lot A DP 370205, Lot 5 DP 542693, Lot A DP 392035 & Lot B DP 370205.
The site is bound by Gould Avenue in the east (63m), Kalandar Street in the South (82.7m), Kinghorne Street in the west (63.8m). The site has a total land area of 5,528m². The site slopes gradually from the west at Kinghorne Avenue to the east at Gould Avenue (RL 29.95 – 27.20).
Four of the lots (excluding 208 Kinghorne Street- Lot 5 DP 542693) have been developed with detached single storey dwellings on each lot. The land is generally cleared of native vegetation. The lots contain limited remnant native vegetation and ornate gardens.
Adjoining the site to the north is a motel building (Nowra Motor Inn). Opposite the site to the south is a public reserve and cemetery (Nowra General Cemetery – item 361 in Schedule 5 of Shoalhaven Local Environmental Plan 2014 (SLEP 2014)). To the east and on the opposite side of Gould Avenue are single storey detached residential dwellings. West of the site and on the opposite side of Kinghorne Street are medium density villas, single dwellings and a car tyre shop. Council is currently completing the assessment for a four-storey mixed use development consisting of 57 Residential Units and Commercial Space on Ground Level (DA16/1465) on the land at 173 Kinghorne Street and 2 - 4 Albatross Road.
Figure 10 - Extract from the SLEP 2014 Land Use Zoning Map. Site outlined in red.
This DA has been exhibited in accordance with Council’s Community Consultation Policy for Development Applications (including subdivision) and the Formulation of Development Guidelines and Policies. As such, the DA has been notified as follows:
o Individual property owners within a 120-metre radius of the site and the Nowra Chamber of Commerce were notified of the proposal. The notification period was from 20 December 2017 to 19 January 2018 (38 days) – notification was extended over the Christmas period in accordance with Council policy;
o The proposal was advertised in the South Coast Register on 20 December 2017;
o The application and supporting documentation were on display on Council’s website.
No submissions were received by Council.
A detailed discussion of the key issues is contained in the attached section 4.15 Assessment report. The report recommends refusal of the development application based upon the reasons for refusal outlined under Section 8 of the report. This report has been submitted to the RPP.
A key policy consideration is height. Currently, there is a 11m height limit which applies to the site. The development exceeds the 11m height limit under Clause 4.3 of SLEP 2014 by as much as 2.9m. The issue was addressed by the applicant via a formal clause 4.6 variation statement. The matter is discussed in the attached section 4.15 report in further detail.
There are potential cost implications for Council in the event of a refusal of the application. Such costs would be associated with defending any appeal in the Land and Environment Court of NSW.
Pursuant to Section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act), a decision of the Council may be subject of a review by the applicant in the event of an approval or refusal. Alternatively, an applicant who is dissatisfied with the determination of the application by the Council may appeal to the Court against the determination pursuant to Section 8.7 of the EP&A Act.
Summary and Conclusions
This application has been assessed having regard for Section 4.15 (Matters for consideration) under the EP&A Act. As such, it is recommended that Development Application No. RA17/1002 be refused.
Accordingly, Shoalhaven City Council as the assessment authority recommends development application RA17/1002 be refused for the following reasons:
(i) Non-compliance with the SEPP 65 Urban Design Review Report recommendations in relation to solar access, cross ventilation and private open space to communal areas and apartments in relation to the Apartment Design Guide (s4.15(1)(a)(i) of the EP&A Act);
(ii) The building height exceeds the maximum height for the site as provided by the Height of Buildings Map under clause 4.3 of SLEP 2014 and the submission under clause 4.6 of SLEP 2014 with regard to development standard under clause 4.3 is not supported (s4.15(1)(a)(i) of the EP&A Act);
(iii) The development is likely to have adverse impacts on the built environment (s4.15(1)(b) of the EP&A Act);
(iv) The site is not suitable for the development as proposed (s4.15(1)(c) of the EP&A Act); and
(v) The application is not in the public interest (s4.15(1)(d) & s4.15(1)(e) of the EP&A Act).