DA Update

Just when you thought it was all done and dusted…

151 Brighton Avenue: Mixed Use Development - Amended Under Sec 4.55(1A): Check New Application

The description reads: 

Convert 5X3B/R units to 2 B/R units, internal reconfiguration of layouts, adjust terraces, 1 additional car space, rearrangement of plant, amend metal roof to concrete roof, minor reduction commercial floor space to accommodate plant, minor changes to terraces…The proposal remains unchanged in terms of height, bulk and scale. Negligible change to externals. No change to number of units or access arrangements. No change to above ground setbacks 

According to the Environmental Planning and Assessment Act,Sec 4.55 allows for modification of consents, if there is minimal environmental impact , it is substantially the same development and any submissions made throughout the process are considered.

A review of the amendment documentation shows that

• The commercial unit has been reduced in size from 72m² to 35m² which is 50% and hardly a minor reduction. The site is has a Business zoning, the function of that zoning should be enforced otherwise it compromises of the planning system
• The other main amendment is the loss of terraces with many units internal space being expanded “pushed out to edge of terrace’. The effect of this would increase the bulk of the building and further obscure sight lines from adjacent neighbours.

Senior Planners at LMCC have deemed that the amended application does not need to be notified to outside parties, therefore no formal notification period is in place. A Senior Planner has suggested comments be provided by 29/4/19 to council@lakemac.nsw.gov.au