Bugger That!

Things that don't feel right

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#1 2019-03-28 10:44:58

From: 47 Amy
Registered: 2019-03-27
Posts: 22


The council height limit for the odd numbered  side of Amy St is 9m (6m for the even numbered side).
This application even has applied for an exception Clause 4.6 Statement, to this rule because they actually go above 9 metres.

It appears that there are no buildings on the this 9 m limited side of the street anywhere near this limit. I would guess about 7.5m to 8m would be the maximum, and all are one or two stories.

Despite the 9m height limit for our side of the side, there is also a 2 story maximum height describe in the City of Sydney's DCP ( Development Control Plan)  2012. This DA is for a 3 story building, clearly non-complying to this DCP.  This DCP rule is not mentioned in the DA.

In this exception statement it list:

It is also noted for reference that the objectives of the standard area as follows:
4.3 Height of buildings
(1) The objectives of this clause are as follows:
(a) to ensure the height of development is appropriate to the condition of the site and its context,
(b) to ensure appropriate height transitions between new development and heritage items and buildings in heritage conservation areas or special character areas,

This statement address never this these issues.
4.3(1)(a) is clearly non complying since there is nothing with this structure on this street.
4.3(1)(b) is definitely non complying with the transition from  heritage contributing 43 Amy Street to this development being a delta of over 6 meters.

Cause 30AA of planning laws says the development must still compily to local character:

State Environmental Planning Policy (Affordable Rental Housing) 2009 wrote:

30A   Character of local area
A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

The northern elevation has the 9M LEP HEIGHT shifted left by about 6 meters.  This is a deliberate mistake as I noted to Mr Wimborne in Sept 2018 of this error, before this application was submitted.  Also there is another copy of the northern elevation in the Materials and Finishes Panel with this line in the correct spot.

With this 9M  LEP in the correct spot, the Variation from the Northern Elevation would not be 188.6mm but  about 650 mm. a 7.3% variation of  maximum height standard.

Last edited by mark (2019-04-01 21:51:28)


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