New application continues solar access discussion
An application has been made for three dwellings in a multi-dwelling development at 42 South St, Umina Beach.
This is the same address at which five units were approved, following a Local Planning Panel decision in August 2022.
A shadow diagram prepared for Peninsula News at the time showed that a neighbouring dwelling would not receive any sunlight into its living areas for two months of the year.
The Local Planning Panel decision was the first time in a Peninsula residential area that such an "amenity impact" was explicitly regarded as "not unreasonable".
The Panel stated that this could be expected "for future developments under the applicable planning provisions".
The new application is for three dwellings each with four bedrooms, one at ground level and three at first floor level.
Prepared by Pragma Urban Planning, it claims general compliance with all local controls.
"The proposed works will not result in undue shadow impacts on the locality," it states.
"The proposed development is of a lesser scale than the existing development consent which relates to the site (DA/60728/2021)."
The proposal has a floor space ratio of 0.499:1, which is less than the planning provisions maximumof 0.5:1.
It will also be within the maximum height limit of 8.5 metres.
The front setback is proposed at 7.2 metres, the average of adjoining properties.
The rear setback to Fyffe Lane is proposed to be 1.2 metres, less than the required rear setback.
However, the application lists nine properties which it claims have setbacks of less than two metres to Fyffe Lane.
The application refers to comments about solar access assessment for the previous approval: "It has been established that any two-storey building on this site will have shadow impacts to the southern property during mid-winter.
"If a gun barrel two-storey multi-unit development (which is a predominate design in the area), with the driveway along the southern boundary was proposed it would also cause overshadowing to the private open space on the adjoining property at midwinter."
It states: "As such the proposed development results in an approved outcome for 44 South St as it reduces the solar impacts on that property."
However, the plans and shadow diagrams lodged with the application, upon which this claim is based appear to use a north point which is incorrect by about seven degrees or a deviation of one metre over every eight metres.
The application seeks the removal of two "Coco Palms" from the front and an African olive tree in the rear yard.
Approval for the removal of these trees was previously granted."
The exhibited landscape plan proposes the planting of five trees and a large number of shrubs. The trees are three blueberry ash, one crepe myrtle and one magnolia.
The application states: "The scale of the works is in keeping with the existing and future desired character of the locality."
It concludes: "It is our opinion that the Proposed Development may be capable of being undertaken in a manner that is generally compatible with the overarching objectives and greater public interest as guided by the planning instruments."
The application is open for written submissions until November 29.
SOURCE:
DA Tracker, 9 Nov 2024
DA/1550/2024, Central Coast Council