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Council Watch

Watching Central Coast Council on behalf of fair-minded and reasonable people.

Central Coast Council Watch

Planning panel says no to Brick Wharf Rd proposal

June 16, 2023 by Merilyn Vale

The Local Planning Panel has rejected an application to build six units at 75 Brick Wharf Rd.

The panel stated six reasons for refusing the application.

They included overdevelopment, overshadowing, loss of privacy.

“The Applicant’s clause 4.6 written request does not demonstrate that compliance with the clause 4.4(2A)(c) Floor Space Ratio development standards of the Gosford Local Environmental Plan 20143 is unreasonable or unnecessary in the circumstances of the case, nor does it demonstrated that there are sufficient environmental planning grounds to justify contravening that development standard,” the panel said. 

“Further, the proposed development will not be in the public interest because it is inconsistent with the objectives of the development standards and the objectives for development within the R1 General Residential zone in which the development is proposed to be carried out.”

The panel said noncompliance with the floor space ratio (FSR) and the building separation controls represented an over development of the site and resulted in unreasonable impacts on the adjoining heritage building, over shadowing, and loss of privacy.  

“The design of the proposal incorporating central corridors that were not included in the gross floor area resulted in the bulk of the building being projected to the side boundaries, with setbacks that did not comply with the ADG (NSW Planning’s Apartment Design Guide) separation criteria that further exacerbates the scale and massing of the development as it presents to the neighbouring properties and the public domain,” the panel said as another reason for refusal.

Other reasons included car parking requirements which had not been included in the FSR calculation; insufficient details to demonstrate how the proposed roof top landscaping would be maintained, made secure and safe, and not contribute to loss of privacy and increased scale and massing near the boundary

The panel said the proposal did not satisfy the relevant design quality principles of SEPP65 (State Environmental Planning Policy) and the provisions of Section 3F – Visual Privacy of the Apartment Design Guide

Local resident Erin Kelly addressed the panel and spoke about the potential overshadowing of a heritage listed house next door where the occupants tended a vegetable garden in their backyard.

See previous story here: https://www.cccouncilwatch.com.au/resident-explains-the-beauty-of-brick-wharf-rd-to-local-planning-panel/

Filed Under: Developments, Local Planning Panel decisions, Spotlight Tagged With: Erin Kelly, LPP

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