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

Lifestyle (Hirecraft) Marina site -Decision coming

At the Council meeting on 10/9/18 Councillors deferred their decision on DA 1835, 151-155 Brighton Avenue, pending a site inspection on 20/9/18 to evaluate the impact of the proposed height and bulk variation to the standard development. 

At the meeting a spokesperson for nearby residents, Reg Crick, outlined the non-compliance issues, the building bulk is exceeded by 32.5% and the height exceeds the planning guidelines by 2.2m

“No where along the entire shores of Lake Macquarie is there a building or project that even goes close to resembling the bulk, height and scale that is proposed by this current application. We dispute that the variations on bulk and height are justified as being ‘in the public interest’. How can the proposed variation of a massive 32.5% be in the public interest when it will constrain the visual and recreational amenity of Toronto and the Lake Macquarie foreshore forever?”

The lack of notice provided to the community of the pending determination was another reason for calling of the site inspection which will be held 4:30pm, Thursday 20/9/18 on the site.

The final determination will go before the Councillors at the next council meeting on Monday 24th September, at 6:30pm. 

There will be a public forum address at 5:30pm as well. A great opportunity to see how the machinations of local government play out.