Application argues precedent justifies non-compliance
The applicant for a new two-storey garage and studio at 210 The Esplanade, Umina Beach, has claimed the precedent of a neighbouring house to justify exceeding height limits by more than 1.5 metres.
The application prepared by Clarke Dowdle and Associates states: "The proposal includes the erection of attached outbuilding includes a double garage, and storage to cater for the residents is located on the ground floor with the first floor would including a living room with a wet bar, bedroom and bathroom."
It acknowledges the proposed height of 6.38 metres exceeds the 4.8 metre height requirement for outbuildings and ancilliary development.
The floor area of the ground floor garage store is 90.05 square metres, while the upstairs studio floor area is 68.3 square metres.
The application notes that the maximum floor area permitted for outbuildings is 85 square metres.
The maximum floor areas for a detached studio is 50 square metres.
The site is 739.8 square metres in area and is rhombus-shaped, at the rear it adjoins the foreshore.
The application claims: "The proposal is commensurate with the scale and height of the outbuilding at No 212 on the adjoining lot and as such would not be setting a precedent in the area."
It notes a previous application was "withdrawn due to concerns raised in relation to height, bulk and aesthetics".
"Subsequently, a new design has been undertaken to mitigate these concerns."
It argues: "The proposed outbuilding will assist in providing visual and acoustic privacy from the units located on the northern side of the road reserve."
It concludes: "The ancillary dwelling-house proposal is consistent with the height and scale of development within the residential zone and is commensurate with the character of development within the immediate and surrounding area."
The proposal is currently on public exhibition and available for written submissions.
Central Coast Council has not specified a closing date.
SOURCE:
DA Tracker, 27 Apr 2024
DA/390/2024, Central Coast Council