An arched window 4.2 metres wide and two storeys high facing Brisbane Water is the feature of a house proposed to be built on the waterfront at 416 Orange Grove Rd, Blackwall.

The gross floor area for the development would be 450 square metres on a block of 1037 square metres zoned R2 (low density residential), complying with the floor space ratio limit of 0.5:1.

"The site has an existing two-storey dwelling, swimming pool and associated outbuilding, which are subject to demolition," the development application states.

"The site has an existing approval for a marine boat shed, and swimming pool under DA2007/32839 which will remain.

"The site falls from south to the north of the site towards the natural water body: a fall of approximately four metres over a length of 52.425 metres."

The width of the site is given as 20.115 metres.

"The new build will provide a modernisation to the streetscape and the water body, and also take advantage of the view to the ocean.

"The external appearance will provide a more modern appeal with contemporary coastal finishes.

"The roof of the dwelling is proposed as a metal finish to create a seamless appearance with modern materials to the wall such as timber, and render and stone elements to the front fence."

The main dwelling is claimed to comply by the height limit of 8.5 m, as stipulated in planning provisions.

However, the detached garage is greater that the allowed height of 4.8 metres, with a proposed a height of 6.45 metres.

The proposal also breaches the building envelope requirements of the planning provisions which require the portions of side walls above 4.5m to be restricted by a line drawn at an angle of 25 degrees.

However, the application argues that this does not apply.

"The minimum required setback from a side boundary in accordance with the Building Code of Australia is 900mm.

"In technical terms and the hierarchy of legislation, the Building Code takes present over any restriction outlines in a Council planning instrument as research has been undertaken to ensure the safety of occupants.

"The Council planning document is a desirable outcome for the local government area, but cannot be strictly enforced in that being said justification to the objectives of the clause for a side boundary setback."

The application lists the objectives of side setback controls and argues that these have been fully met and that therefore strict adherence to the "numeric controls" is unnecessary.

Various arguments are used to justify the garage being placed in the front setback and the use of a 1.8m high fence at the front boundary, which do not comply with planning provisions.

The application concludes: "The overall impacts of the development can be determined as a positive outcome for the site and area with an increase to the streetscape and amenity of the area with the improvements to the dwelling.

"The proposal will have minimal environmental impact on the surrounding locale and the merits of the proposal shall be considered on their own merit.

"Based on the positive outcomes, it is therefore concluded that approval for the development shall be granted by the local consent authority known as Central Coast Council."

This application is currently listed with a status of "Awaiting Information Post-Lodgement".

SOURCE:

DA Tracker, 8 Nov 2023

DA/1920/2023, Central Coast Council

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