Three storeys the “future desired character” of Long Jetty

The applicant DMCR 2 Pty Ltd took the case to the LEC after a deemed refusal.

During the court case, the number of units was reduced from five to four; fixed privacy shields were included and solar access was discussed.

But the biggest differences between the applicant and Council were in their interpretations of council’s Local Environment and Development Control plans (LEP and DCP).

The Commissioner summed up the issue:

Council argued that the DCP generally provided for a maximum of 2 storeys for multi dwelling housing development with 3 storey development generally only permitted on steeply sloping sites or to incentivise unit development on combined sites.

DMCR 2 argued that the proposal was appropriate and was compliant with the maximum permissible height control outlined in LEP.

It argued that its proposal was consistent with the desired future character of the area which allows for 3 storey development and noted there was an existing 3 storey residential flat building directly across the road at 77-79 Toowoon Bay Road.

The Commissioner agreed with the applicant.

“I find that having regard to the amended plans and the proposed conditions of consent the proposed development is appropriate, is consistent with the relevant planning controls and is compatible with the existing and desired future character of the area,” the Orders stated.

“Further I find that the proposal is consistent with the relevant objectives of the zone, will provide a high level of amenity to the future residents and that the likely environmental impacts are both known and acceptable.

“I have therefore determined that development consent should be granted subject to conditions.”

The decision was made public today.