WASON STREET - (DA 06/2236
DA06/2236 replaces DA 04/1719 approved in July 2006
Development Application (DA06/2236) was submitted for a Mixed use Commercial/Residential development comprising of three (3) retail spaces, one (1) restaurant, thirty –four (34) residential apartments and basement parking for 87 cars at 26-32 Wason St, Ulladulla. The subject land involves the same sites as that involved in the original Development application ((DA 04/1719)
A comparison of the two Development Applications is as follows:
*One basement level of parking (No specified number)
*The recent DA also varies from the original in that it provides for the deletion of shop fronts onto the public walkway to the west of the site and for servicing direct from Wason Street and Burrill Street South which is in conflict with DCP 56 The proposed development: ¨ exceeds 8 metres in height contrary to Development Control Plan No.56; ¨ exceeds the 11 metre building height concurrence requirement in Illawarra REP No.1; ¨ Is within 100 metres of the mean high water mark and therefore in a sensitive coastal location;& ¨ Servicing is directly from Wason Street and Burrill Street South which is also in conflict with DCP 56:
State Environmental Planning Policy – Major Projects This policy requires buildings in the coastal zone exceeding 13 metres in height to be determined by the Minister for the Department of Planning, however, where concurrence is required by another environmental planning instrument (such the Illawarra REP) this does not apply.
Illawarra REP No. 1 The building exceeds the 11m height trigger under clause 139 of Illawarra Regional Environmental Plan No.1 (IREP 1) that requires the concurrence of the Director of Department of Planning.
The Director General has delegated this concurrence role back to Council.
Statutory Controls
The land is currently zoned Business 3(a) (retail) under Shoalhaven LEP 1985 and the use is generally permissible as a mixed commercial and residential use.
The land is subject to SEPP 71 and whilst developments in the coastal zone that exceed 13 metres would normally require the consent of the Minister for Planning, the development being subject to the height requirements of the Illawarra Regional Environmental Plan (IREP) enables Council to determine this application.
The IREP provides for a maximum height of 11 metres, although Council has concurrence powers to vary this development standard where it is justified.
As such the applicant needs to provide justification in the regard and this justification needs to be considered as part of the assessment.
The Coastal Design Guidelines are also relevant Development Guidelines The primary document (until it is amended or superseded) is the adopted version of DCP 56.
The footprint for this development is essentially similar to the previous deferred commencement and the only changes to these plans appears are the deletion of the proposed service bay adjoining the public car park, the addition of another two stories and possibly the deletion of shop fronts onto the public walkway to the west of the site.
Servicing in the street and exceeding the 8 metre height limit is contrary to the current DCP.
The applicant has indicated that the development should be based on its merits given Councils recent exhibition of interim guidelines that proposed to allow buildings to have a maximum height of 6 storey’s and a floor space ratio of 3.5:1.
Aspects of height, floor space ratios and view lines were the major issues raised in submissions on the interim guidelines.
Council deferred adopting these interim guidelines to allow for the establishment of a working party to assist with the review of the DCP. Council has recently sought nominations from members of the community to participate in this working party. Two State Government agencies, Department of Planning and Department of Lands, having a particular interest in integration with the harbour precinct, have contributed financially to the review of the DCP.
Service access from the street is unacceptable and Council needs to co-ordinate a design for the rear car park that facilitates servicing from the rear, as per the previous application.
The facades on the elevations are generally broken into two elements being the four-storey element and the six-storey element. On the northern elevation (fronting Wason Street) the building height varies between 12.5 and 14.5 metres for the four-storey section and a maximum height of 20.95 metres for the six-storey section. The south elevation ranges between 15.1 and 16.74 metres in height, the western elevation ranges between 9.9 and 17.8 metres in height. The eastern elevation ranges 12.8 to 16.8 metres in height. Merits of the Proposal
The purpose of the 8 metre DCP height control as stated previously, are to:
¨ Establish an appropriate scale of urban development consistent with surrounding natural features; and
¨ Protect views of such assets from the nominated tourist accommodation areas
In respect to “appropriate” scale, given that there is no similar development of the scale proposed.. Clearly a building of this magnitude will change the urban form and character of this location. The proposal will establish a benchmark for redevelopment within those parts of the CBD that can absorb a building of this scale.
The numerical variance to the standard, plus its bulk and height renders the development inconsistent with most objectives in DCP No.56, and it is clear that it will define and establish what Council accepts as appropriate scale in the CBD ahead of the outcome of the review of DCP 56 and this is not acceptable.
Council has resolved to review the DCP and has established a working party to review the DCP and the outcome of this process has not been fulfilled
It must also be noted that previous variations approved such as the Target building and the prior approval for this site have reflected Council preparedness to encourage higher buildings, particularly to encourage residential apartments within the CBD and indications are that these are contrary to the overwhelming wishes of the community.
|