Register of DAs with Variations to Development Standards
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Register of DAs with Variations to Development Standards

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A list of development applications where consent has been granted with a variation to development standard SEPP1 or Clause 4.6
 
 

SuburbAUSTINMER
ApplicationDA-2011/1187
LotLot 1 DP 104036
Address137 Lawrence Hargrave DriveAUSTINMER  NSW  2515                                                   
DescriptionResidential - alterations and additions
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationJustification on basis that proposal is a reduction in gross floor are to 0.35:1 from 0.40:1.
Extent of variationVariation is 0.05 in excess of 0.30:1 fsr.
SuburbAUSTINMER
ApplicationDA-2011/685
LotLot 501 DP 848943
Address145 Lawrence Hargrave DriveAUSTINMER  NSW  2515                                                   
DescriptionResidential - Demolition of house and garage on Lot 500 and demolition of of two storey building on Lot 501 and alterations and additions to existing dwelling house on Lot 501 including new fencing, gates and landscaping
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationJustification for both variations was provided by the applicant. These variation statements were assessed and it was considered that the variations to development standards were both acceptable. Building height variation was less than 10% and as such Council assumed its delegation. Variation for FSR was greater than 10% and DOP concurrence was granted."Concurrence granted by Director General on 01/08/11" for FSR variation.
Extent of variationFSR:Permitted FSR 0.3:1Approved FSR 0.34:1Building HeightPermitted Height 9mApproved Height 9.26m
SuburbAUSTINMER
ApplicationDA-2012/838
LotLot 9 Sec A DP 2111, Lot 10 Sec A DP 2111, Lot 11 Sec A DP 2111, Lot 12 Sec A DP 2111, Lot 13 Sec A DP 2111
Address51 Moore StreetAUSTINMER  NSW  2515                                                               
DescriptionPlace of worship - replacement of roof
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe variation will have minimal impact on the amenity of the street as the new roof line remains lower than the highest existing point on the structure which is 12m.  There are no negative overshadowing issues resulting from the proposal and no objections were received to the proposal. The variation requested is for a height of 9.5m which varies the development standard by less than 10%.  Concurrence was received from the Director General for the proposal on 4 September 2012.
Extent of variationPermissiable height is 9m.Approved height is 9.5m.Concurrence received from the Director General on 4/9/2012.
SuburbAUSTINMER
ApplicationDA-2012/856
LotLot 27 DP 8096
Address15 Boyce AvenueAUSTINMER  NSW  2515                                                               
DescriptionResidential - demolition of existing dwelling and construction of dwelling house and swimming pool
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationMinimal impact on streetscape and amenity of neighbouring properties.
Extent of variation5% OR 9.5m (9m max)
SuburbAUSTINMER
ApplicationDA-2014/689
LotLot A DP 369644
Address56-64 Asquith StreetAUSTINMER  NSW  2515                                                          
DescriptionResidential - dwelling house
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe applicant’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The proposed design of the dwelling significantly improves the amenity for the surrounding locality.The application was referred to IHAP on 16 September 2014. All Panel members concurred with the Council Officer's recommendation.
Extent of variationHeight 9mApproved Height 10.5m
SuburbAVONDALE
ApplicationDA-2011/1398
LotLot 26 DP 23265
Address26 Avondale RoadAVONDALE  NSW  2530                                                               
DescriptionResidential - demolition of existing site improvements and construction of 21 multi dwelling houses - revised design to remove all decorative sunhoods and certain timber battening to windows.
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationThe variation to the minimum site width will have only a minor impact upon both the surrounding development and the street frontage access arrangements for the proposed development.  The reduced minimum site width has not prevented a suitable development from being designed for the site given the unusual shape of the allotment with a narrow frontage and much wider allotment dimensions behind the existing dwelling.  In this regard the variation to the development standard, pursuant to Clause 4.6 of Wollongong Local Environmental Plan 2009, is well founded and therefore the proposal is considered acceptable with Concurrence being granted by the Director General on 9/12/11.
Extent of variationPermissible minimum site width = 18.0 metresApproved site width = 15.24 metresConcurrence granted by Director General on 9/12/11
SuburbBALGOWNIE
ApplicationDA-2013/1196
LotLot A DP 160389
Address11 Hunter StreetBALGOWNIE  NSW  2519                                                              
DescriptionResidential - multi dwelling housing development - three (3) townhouses
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationThe applicant's submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The application was referred to IHAP on the 10 December 2013 and all panel members concurred with the officer's recommendation.
Extent of variationRequired minimum site width 18m. Site has a minimum width of 17.31m at the front property boundary.
SuburbBALGOWNIE
ApplicationDA-2016/1626
LotLot 263 DP 826793
Address39 Ryan StreetBALGOWNIE  NSW  2519                                                                
DescriptionResidential - demolition of existing structures and construction of a multi dwelling housing development containing five townhouses and basement car park for eleven cars
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variation****DA REFUSED 30/6/17 ***consolidation of adjoining allotments not practicable
Extent of variationsite width 15.60m where minimum 18m required
SuburbBERKELEY
ApplicationDA-2009/432/A
LotLot 108 DP 262790
Address55 Shearwater DriveBERKELEY  NSW  2506                                                            
DescriptionAlterations to existing dwelling-house and extension to garage and deck - Modification A - relocation of garage roller door and internal widening of northern wall of garage
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationUnauthorised works- refer to IHAP Report of 16/11/2016. Relocation of garage door and removal of internal wall has been undertaken without approval. Modification seeks approval for unauthorised works and departure from development standard 0.5:1.
Extent of variation0.52:1
SuburbBULLI
ApplicationDA-2007/359
LotLot B DP 36549
Address40B Point StreetBULLI  NSW  2516                                                                  
DescriptionAlterations to existing ground floor shop, alterations and additions to existing dwelling.
Variations
Planning instrumentLEP 1990 ClauseC12B Gross Floor Area
Justification of variationConcurrence issued by the Department of Planning
Extent of variationFSR 1.3:1
SuburbBULLI
ApplicationDA-2008/1608
LotLot 2 SP 64591
Address2/3 Somerville StreetBULLI  NSW  2516                                                             
DescriptionEnclosure of existing verandahs
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationBalcony enclosure is not considered to not have significantly different impacts in terms of visual bulk or privacy.
Extent of variation6.6%
SuburbBULLI
ApplicationDA-2009/1580
LotLot 403 DP 1048605
Address1 Garaban CourtBULLI  NSW  2516                                                                   
DescriptionTwo storey dwelling-house with basement
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationProposal is consistent with the built form of The Sandon Point Estate with respect to the height, bulk and scale relative to surrounding developments.
Extent of variationMaximum FSR 0.5:1.Proposed FSR 0.56:1.
SuburbBULLI
ApplicationDA-2009/757
LotLot 1 DP 710942
Address3 Molloy StreetBULLI  NSW  2516                                                                   
DescriptionDemolition of existing structures and construction of retail development
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationMatter relates to 1 x 15m sign - for commercial exposure. The sign is integrated into the built form on site which complies with the zoning height development standard of 11 m. WLEP 2009
Extent of variation36%
SuburbBULLI
ApplicationDA-2010/1135
LotLot 233 DP 1151301
Address33D Hospital RoadBULLI  NSW  2516                                                                 
DescriptionTwo storey dwelling
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationApplicant has demonstrated that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case and has provided sufficient planning grounds to justify contravening the development standards.
Extent of variationMaximum FSR R2 Zone 0.5:1, E4 zone 0.3:1.Proposed FSR 0.39:1 entire site.
SuburbBULLI
ApplicationDA-2010/1535
LotLot 97 DP 228539
Address11 Sturt PlaceBULLI  NSW  2516                                                                    
DescriptionNew split level dwelling
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe proposed dwelling does not comply with Council’s Local Environmental Plan 2009, Clause 4.4 Height of buildings. Site affected by heavy slope, consistent with surrounding development.
Extent of variation9m height requirement. Proposal 12.012m
SuburbBULLI
ApplicationDA-2012/1172
LotLot 222 DP 1130028
Address33A Hospital RoadBULLI  NSW  2516                                                                 
DescriptionResidential - dwelling house
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationConcurrence granted by Director General on 21/1/2013.The matter was referred to IHAP on 12 February 2013 in accordance with IHAP charter. IHAP recommended the application be approved in accordance with the officers recommendation as per Clause 9.2 of the IHAP Charter.
Extent of variationPermitted FSR in Zone E4 0.3:1Approved FSR in Zone E4 0.55:1
SuburbBULLI
ApplicationDA-2013/698
LotLot E DP 36549
Address40E Point StreetBULLI  NSW  2516                                                                  
DescriptionCommercial - alterations and additions with residential dwelling on top
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe revised proposal is considered satisfactory in regard to Clause 4.6(3) as outlined below.  (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, Council considers the situation to be somewhat unusual and one where an FSR variation is not unwarranted considering the immediate context and neighbouring buildings. The site is part of a distinct cluster of adjoining lots with a unique character. The site areas are small and the existing buildings all exceed the maximum FSR of 0.5:1, ranging from approximately 0.9:1 to 1.3:1. In the circumstances, the proposed FSR of 1:1 is considered to represent an appropriate correlation with the existing built form and the applicable planning controls. Compliance with the standard is considered unnecessary and unreasonable in the circumstances.  (b) that there are sufficient environmental planning grounds to justify contravening the development standard. In assessing whether there are sufficient environmental planning grounds to justify the variation, consistency with the objectives of the control and the zone are relevant. The revised proposal is considered to be acceptable in this regard as addressed at 4(a)(ii) below. At a higher level, the Objects of the Act are of relevance, in particular the aim of the promotion and co-ordination of the orderly and economic use and development of land. The proposal is considered to be an orderly development of the land. The reduction in bulk and scale provided in the revised plans results in a built form that is not inconsistent with the adjoining developments. The floor space ratio has been reduced to represent closer to an average of the FSR on the adjoining lots A through D. Adverse impacts on Lot D have been reduce through the removal of windows, increasing of the western setback and reduction in the projection of the adjoining wall.  (4)Development consent must not be granted for development that contravenes a development standard unless:(a) the consent authority is satisfied that:(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3),  A suitable variation statement in accordance with this clause has now been submitted.(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, An assessment against the objectives of the development standard (clause 4.4) are as follows:(a) to provide an appropriate correlation between the size of a site and the extent of any development on that site, The revised design is considered to represent a reasonable correlation between the applicable planning controls, the site area and the adjoining development.  (b) to establish the maximum development density and intensity of land use, taking into account the availability of infrastructure to service that site and the vehicle and pedestrian traffic the development will generate, The proposal is not expected to place an unreasonable demand on infrastructure or services. Waste servicing of the development can occur from Somerville Street. It is noted that parking has been raised as a concern in one of the submissions. The proposal provides a double garage for the residence as well as a commercial garage for the additional commercial space in compliance with Council controls. It is also noted that the creation of the driveways will result in a loss of up to three on street parking spaces on Somerville Street. The occupation of the commercial space as well as the residence would likely result in an increase in traffic generation in the locality. However, the removal of spaces on Somerville Street may alleviate an issue identified in a submission of Somerville Street becoming effectively single lane when cars are parked on both sides. In light of the above, and the small scale of the commercial component, the proposal is not expected to result in any significant traffic issues for the locality. (c) to ensure buildings are compatible with the bulk and scale of the locality.  The revisions to the design overall reduce the bulk substantially and are considered to result in a development that is compatible with adjoining developments and the locality. The building is now considered to primarily present as two storey in scale. There are further not expected to be any unreasonable impacts on adjoining development arising from the proposal. As assessment against the objectives for development in the R2 zone is provided below. ?To provide for the housing needs of the community within a low density residential environment.  The proposal provides for housing needs of the community and is of a scale compatible with the surrounding development. ?To enable other land uses that provide facilities or services to meet the day to day needs of residents. The proposal incorporates a commercial component consistent with this objective.(b) the concurrence of the Director-General has been obtained.Concurrence was previously provided by the Director-General 
Extent of variation100%
SuburbCLIFTON
ApplicationDA-2010/439/B
LotLot 100 DP 1118518
Address317 Lawrence Hargrave DriveCLIFTON  NSW  2515                                                     
DescriptionAlterations and additions to existing Imperial Hotel building, continued use as a pub/restaurant, with parking for 24 vehicles, 2 (two) motorcycle spaces, 7 (seven) bicycle spaces and landscaping worksModification B - amend conditions and plans to facilitate the proposed changed layout and operation of the restaurant including carparking and external/internal use areas, facade and signage
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationClause 4.3 Height of BuildingsThe requested exception to Clause 4.3 Height of Buildings of Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. It is noted that the heritage listed Imperial Hotel has an existing height greater than 13m. The Applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary.The application was referred to IHAP on 19 July 2017. All panel members concurred with the Council Officer’s recommendation subject to amendments.Clause 4.4 Floor Space RatioThe requested exception to Clause 4.4 Floor Space Ratio of Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The Applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary.The application was referred to IHAP on 19 July 2017. All panel members concurred with the Council Officer’s recommendation subject to amendments.
Extent of variationClause 4.3 Height of Buildings of Wollongong Local Environmental Plan 2009Maximum permitted height:  9mApproved height:  12.3mClause 4.4 Floor Space Ratio of Wollongong Local Environmental Plan 2009Maximum FSR permitted:  0.3:1Approved FSR:  0.36:1
SuburbCLIFTON
ApplicationDA-2012/181
LotLot 4 Sec 1 DP 2281
Address327 Lawrence Hargrave DriveCLIFTON  NSW  2515                                                     
DescriptionResidential - dwelling house and swimming pool
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe variation relates only to the south eastern part of the subject site which is separated from surrounding development and will have minimal impact on adjoining properties due to the topography, orientation and location of the departure.
Extent of variationPermissible height 9mApproved height 10.7Director General concurrence granted 18/4/12
SuburbCOALCLIFF
ApplicationDA-2004/1145/A
LotLot 5 DP 9274
Address8 Paterson RoadCOALCLIFF  NSW  2508                                                               
DescriptionAlterations to existing dwelling - modifications to Level 1: conversion of carport to garage, inclusion of balcony to bedroom, new southern wall, security gate and front facade extension, Level 2: new fourth bedroom, relocation of kitchen, extension of lounge and balcony, Level 3: extension to laundry, rumpus and terrace, elevation changes, new landscape scheme.
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe proposed modifications would result in minimal additional bulk and scale compared to the original development.
Extent of variation0.43:1
SuburbCOALCLIFF
ApplicationDA-2007/914
LotLot 4 DP 9274
Address6 Paterson RoadCOALCLIFF  NSW  2508                                                               
DescriptionDemolition of existing dwelling-house and construction of a split level dwelling-house with internal 2 car stacker parking and associated landscaping
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe variation to the FSR, when translated into building form noticeable from Paterson Road, is negligible given that the majority of additional floor space is contained within a  subfloor level, not visible from Paterson Road.Concurrence of Director General granted on 14/03/2008
Extent of variationPermissible FSR 0.3:1Approved FSR 0.367:1
SuburbCOLEDALE
ApplicationDA-2007/530
LotLot 8 DP 737626
Address757 Lawrence Hargrave DriveCOLEDALE  NSW  2515                                                    
DescriptionAlterations and additions to dwelling-house
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe site contains local shops to the Lawrence Hargrave Street frontage and a dwelling to the Coledale Avenue frontage. The application was for alterations and additions to the dwelling house to provide 2 bedrooms and to combine the existing living with the bedroom to enable more useable space. The proposal was not inconsistent with the bulk and scale of the streetscape and did not result in an adverse impact on the amenity of the surrounding allotments or the public domain. In this instance the variation was supported.
Extent of variationThe FSR for the site was 0.5:1, the applicant sought a variation for 0.52:1.
SuburbCOLEDALE
ApplicationDA-2008/456
LotLot 26 DP 708819
Address775 Lawrence Hargrave DriveCOLEDALE  NSW  2515                                                    
DescriptionDwelling and garage
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationSmall lot, dweling house is consistent with style and design with the surrounding area. Generally complies with DCP 49 controls.Concurrence of Director General dated 04/06/08.
Extent of variationPermissible FSR 0.5:1Approved FSR 0.587:1
SuburbCOLEDALE
ApplicationDA-2009/1115
LotLot A DP 163633
Address16A Rawson StreetCOLEDALE  NSW  2515                                                              
DescriptionAlterations and additions to include second storey addition
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationProposal is consistent with streetscape character, density, and the character of the locality.
Extent of variationMaximum FSR 0.5:1.Proposed FSR 0.54:1.
SuburbCOLEDALE
ApplicationDA-2009/915
LotLot 1 DP 782769
Address21 Coledale AvenueCOLEDALE  NSW  2515                                                             
DescriptionAlterations and additions to dwelling-house
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationConcurrence granted by Director General on the 31 August 2009.FSR Permitted 0.30:1 approved 0.40:1Reported to IHAP on the 28 October 2009Reported to Council 24 November 2009
Extent of variationFSR  Permited 0.30:1 approved 0.40:1
SuburbCOLEDALE
ApplicationDA-2010/1487
LotLot 13 DP 1106347
Address1 Coledale AvenueCOLEDALE  NSW  2515                                                              
DescriptionTwo storey residential dwelling-house and demolition of existing dwelling-house
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationJustification Statement submitted.
Extent of variation0.45:1 (permitted FSR 0.3:1)
SuburbCOLEDALE
ApplicationDA-2011/793
LotLot 20 DP 719348
Address6 Hyde StreetCOLEDALE  NSW  2515                                                                  
DescriptionResidential - Two storey dwelling house with demolition of existing structure
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe applicant has provided sufficient reasons why the development standard is unreasonable in the circumstances of the case, and has provided sufficient grounds to justify contravention of the development standard.The development is considered to be in keeping with the existing development in the area which typically exceeds the 0.3:1 FSR. The proposal is considered to meet the objectives of the E4 Environmental Living Zone. The FSR will also meet the 0.5:1 FSR permitted in R2 Low Density zones found to the west of Hyde Lane.It is noted that the minimum lot size for the E4 Zone is 1000sqm, however the site and the surrounding properties are narrow with a much smaller site area. Compliance with the 0.3:1 FSR on the subject site, with its area of 404.7 sqm, could only allow a dwelling of 121.41sqm in floor area, which is unrealisticand unfeasible given the high land value of the area.Concurrence granted by Director General on 1/8/11.
Extent of variationPermitted FSR 0.3:1Approved FSR 0.5:1
SuburbCONISTON
ApplicationDA-2007/1520
LotLot A DP 449620
Address118 Auburn StreetCONISTON  NSW  2500                                                              
DescriptionProposed 3 stage development involving the subdivision of all the parcels into 3 separate allotments, part demolition of existing buildings and construction of 42 new light industrial units, proposed new cafe and strata subdivision thereof.
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationThe proposed development will generally have a maximum ground level to ceiling height in the light industrial units of approximately 7 m. However, the Hangdog gym is proposed to have a ground level to ceiling height of 15.6 m to accommodate the unique activities involved with such a recreational venture. The Hangdog gym is to be relocated to the proposed new location from elsewhere on the site. The current location of the gym also contains anincreased height, and therefore it is believed that this location can support a height that exceeds the requirements within IREP No. 1 without detrimentally impacting the surrounding land usesConcurrence granted by  Director General dated 01/11/07
Extent of variationHeight 11mConcurrance height 15.6
SuburbCONISTON
ApplicationDA-2007/1820
LotLot 40 DP 5330
Address24 Bridge StreetCONISTON  NSW  2500                                                               
DescriptionAlterations and additions to existing building and use as a community radio studio and erection of a satellite dish and antenna
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationConcurrence of Director General dated 31/01/08
Extent of variationPermissible FSR 0.5:1Approved FSR 0.58:1
SuburbCONISTON
ApplicationDA-2016/1408
LotLot 21 DP 879687
Address5 Bridge StreetCONISTON  NSW  2500                                                                
DescriptionSubdivision - Torrens title - two (2) lots
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationIHAP considered the proposal on 24 April 2017 and supported the Council officer recommendation for approval. No built change proposed as part of the subdivision
Extent of variation0.5:1 FSR permitted. 1.29:1 outcome of one of two torrens title lots to be created. The 1.29:1 relates to existing commercial building on site which has been the street character for more than 30 years. No change to built form proposed.
SuburbCORDEAUX HEIGHTS
ApplicationDA-2002/1299/C
LotLot 529 DP 1006249
Address23 CreekrunCORDEAUX HEIGHTS  NSW  2526                                                            
DescriptionTwo storey dwelling-house - modification including partial enclosure of a roofed terrace area, installation of air conditioning units, garage extension and rendering of existing masonry wall.
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationBulk and scale is acceptable when viewed from the rear of the dwelling.
Extent of variationMaximum FSR 0.5:1.Proposed FSR 0.6:1.
SuburbCORDEAUX HEIGHTS
ApplicationDA-2008/797
LotLot 205 DP 809234
Address10 Callistemon RoadCORDEAUX HEIGHTS  NSW  2526                                                    
DescriptionNew dwelling-house, inground concrete swimming pool, retaining walls and shed
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationBulk and scale of the building is compatible with surrounding built forms
Extent of variation39%
SuburbCORDEAUX HEIGHTS
ApplicationDA-2017/603
LotLot 523 DP 1006249
Address5 SouthspurCORDEAUX HEIGHTS  NSW  2526                                                            
DescriptionResidential -  alterations and additions
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe proposal is compatible with the streetscape and is of a bulk and scale that reflects surrounding development.  Therefore, the proposal will have minimal impact on the amenity of the neighbourhood.The application was referred to IHAP on 30 August 2017.  All panel members concurred with the Council Officer's recommendation subject to amendments.
Extent of variationRequired FSR 0.3:1, approved FSR 0.4:1
SuburbCORRIMAL
ApplicationDA-2008/222
LotLot 7 DP 91686
Address19 Wilford StreetCORRIMAL  NSW  2518                                                              
DescriptionConversion of part of dwelling-house into a granny flat and construction of deck and entry
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationDual occupancy created by converting part of existing dwelling. Dwelling complies with FSR for dwellings in 2(a) zone.Concurrence granted by Director General dated 11/04/08
Extent of variationPermissible FSR 0.3:1Approved FSR 0.39:1
SuburbCORRIMAL
ApplicationDA-2008/756
LotLot 1 DP 657320
Address191-193 Princes HighwayCORRIMAL  NSW  2518                                                        
DescriptionDemolition of existing buildings and construction of a three (3) storey shopping centre with rooftop parking and associated stormwater works
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationDRAFT WLEP 2009 PROPOSED MAXIMUM HEIGHT LIMIT OF 15M
Extent of variation11m IREP 1 CL 139 MAXIMUM HEIGHTVARIATION GRANTED 15.12M APPROX 37%
SuburbCORRIMAL
ApplicationDA-2015/1175
LotLot 19 DP 4286
Address36-44 Underwood StreetCORRIMAL  NSW  2518                                                         
DescriptionDemolition of existing structures and construction of four(4) storey mixed use development, comprising: six (6) commercial/retail tenancies on the ground floor, including Aldi supermarket (with associated signage); 49 residential units; 122-place child care centre at roof level; and associated car, motorcycle and bicycle parking at grade and basement level
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationA written Exception to Development Standard Statement prepared in accordance with the requirements of WLEP 2009 cl.4.6 (3) including a 5 part test has been submitted by the applicant and is considered to be both satisfactory and worthy of support. Compliance with the building height development standard is considered to be unreasonable in this instance as it has been sufficiently demonstrated that the proposal will not result in unreasonable adverse impacts on surrounding properties, nor is it inconsistent with the zone objectives or objectives of the height control.  The proposal is generally compliant where it addresses the street, so presents as a compliant building, but exceeds the height limit due to the fall of the land, with minimal consequent impacts in the locality.
Extent of variationThe maximum height of buildings in the B2 zone is 15 metres whereas part of the proposal is 19.5 metres.
SuburbCRINGILA
ApplicationDA-2009/710
LotLot 11 DP 598996
Address151-153 Five Islands RoadCRINGILA  NSW  2502                                                      
DescriptionIndustrial workshop factories with associated office spaces
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationVariation is minor and the aims and objectives of the IREP are not hindered by the departure.
Extent of variation0.07%
SuburbDAPTO
ApplicationDA-2007/597
LotLot 422 DP 218143, Lot 423 DP 218143, Lot 424 DP 218143, Lot 425 DP 218143
Address133-139 Lakelands DriveDAPTO  NSW  2530                                                           
DescriptionConsolidation of four (4) lots subdivision into (twelve) 12 lots and the construction of eleven (11) detached dwelling-houses with basement parking
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationC12Concurrence granted by Director General on 20/07/07C13(b)See email in the Trim file dated 22/5/07 from DOP which states that Council can rely on the Director General's concrrence dated 20 July 2007
Extent of variationC12Permitted FSR 03:1Approved FSR up to 0.9:1C13(b)Permissible minimum  lot area of 450m2Approved lot areas 155m2
SuburbDAPTO
ApplicationDA-2009/648
LotLot 329 DP 1045476
Address5 Rosemount StreetDAPTO  NSW  2530                                                                
DescriptionContinued use of rumpus room to Unit 5
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe development is contained wholly within the existing sub-floor area and does not add to the bulk and scale of the building.
Extent of variation6%
SuburbDAPTO
ApplicationDA-2010/580
LotLot 101 DP 1111861
AddressLot 101 Moombara StreetDAPTO  NSW  2530                                                           
DescriptionConstruction of five (5) residential flat buildings and community facility
Variations
Planning instrumentWLEP 2010 (West Dapto) ClauseClause 4.3(2) Height of Buildings
Justification of variationclause 4.6(3) WLEP WEST DAPTO (2010) submission received and agreed to.
Extent of variationWLEP 2010 (WEST DAPTO) ZONING HEIGHT STANDARD CL 4.3 (2) IS 11M. CONCURRENCE GRANTED BY DOP ON 2 JULY 2010 TO 14.6M HEIGHT
SuburbFAIRY MEADOW
ApplicationDA-2007/504
LotLot 8 DP 37948
Address3 Mount Ousley RoadFAIRY MEADOW  NSW  2519                                                        
DescriptionTwo storey bulky goods development
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationPreviously approved DA-2004/1280 had an FSR of 1.03:1. Also considered that the building should integrate effectively with surrounding development and provide a high standard of building design.
Extent of variationFSR permitted 0.5:1Applied for 0.58:1 refused
SuburbFAIRY MEADOW
ApplicationDA-2008/457
LotLot 180 DP 19354, Lot 181 DP 19354
Address96-98 Carters LaneFAIRY MEADOW  NSW  2519                                                         
DescriptionAlterations and additions to church building
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe addition is behind the existing church and the nature of the upper storey, being setback to the adjoining south and west residential property boundaries, will create minimal visual impact from the public domain and adjoining residences.in terms of perceived bulk and scale
Extent of variation20%
SuburbFAIRY MEADOW
ApplicationDA-2008/607
LotLot 7 DP 137434
Address15 Daisy StreetFAIRY MEADOW  NSW  2519                                                            
DescriptionTwo (2) lot subdivision
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationApproved DA with multi-dwelling and detached house being Torrens subdivided. Requirements for open space, solar acces and parking are still met. Built form largely complete. Concurrence of Director General dated 300/7/08.
Extent of variationPermissible FSR 0.5:1Approved FSR 0.64:1
SuburbFAIRY MEADOW
ApplicationDA-2008/852
LotLot 1 DP 869553
Address29A McGrath StreetFAIRY MEADOW  NSW  2519                                                         
DescriptionDemolition of existing buildings and construction of a Dementia day care centre
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe proposal satisfies the aims and objectives of the zone.Concurrence of Director-General dated 07/08/08.
Extent of variationPermissible FSR 0.30:1Approved FSR 0.34:1.
SuburbFAIRY MEADOW
ApplicationDA-2009/1013/A
LotLot 2 DP 342060
Address50 Princes HighwayFAIRY MEADOW  NSW  2519                                                         
DescriptionDemolition of existing building and construction of two storey commercial premises and carparkModification A - variations to conditions of consent
Variations
Planning instrumentWLEP 2009 Clausec4.4A Floor space ratio Wollongong City Centre
Justification of variationConcurrence from Director-General not required as the variation sought is less than 10% as advised from a delegate of Director-General on 1 March 2011. Council was advised able to assume the role of Director-General as required in Clause 4.6 of WLEP 2009. The variation sought was assessed and considered to have merit and can be supported.
Extent of variationClause 4.4  WLEP 2009Permitted FSR 0.5:1Approved FSR 0.51:1
SuburbFAIRY MEADOW
ApplicationDA-2012/1129
LotLot 40 SP 83610
Address40/25 Carters LaneFAIRY MEADOW  NSW  2519                                                         
DescriptionResidential - awning
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe awning is over an existing balcony. The maximum height of the awning is 9.1 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The extent of the departure is minor and the awning height is less than the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties.
Extent of variationThe height of the awning is 9.1m, thereby exceeding the maximum 9m height permitted by 0.1m (1.1% variation).
SuburbFAIRY MEADOW
ApplicationDA-2012/1132
LotLot 56 SP 83610
Address56/25 Carters LaneFAIRY MEADOW  NSW  2519                                                         
DescriptionResidential - awning
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe variation relates to an awning over an existing balcony. The awning has a height of 11.6 metres where the maximum height limit permitted for the site is 9 metres.  The height of the awning is less than the overall height of the existing residential flat building which is 13.6 metres.  The awning is lightweight and open in form and will have minimal visual impact from surrounding properties and will not detrimentally impact on adjoining properties.
Extent of variationProposed 11.6m awning height exceeds the 9m height limit by 2.6m (29% variation).
SuburbFAIRY MEADOW
ApplicationDA-2012/1136
LotLot 42 SP 83610
Address42/25 Carters LaneFAIRY MEADOW  NSW  2519                                                         
DescriptionResidential - awning
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe awning is over an existing balcony. The maximum height of the awning is 11.6 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The  awning height is below the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties.
Extent of variationThe awning has a maximum  height of 11.6m, which is 2.6m above the maximum 9m height limit (29% variation)
SuburbFAIRY MEADOW
ApplicationDA-2012/1187
LotLot 10 SP 83610
Address10/25 Carters LaneFAIRY MEADOW  NSW  2519                                                         
DescriptionResidential - awning
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe awning is over an existing balcony. The maximum height of the awning is 9.1 metres and the maximum Height of Buildings permitted under this clause is 9 metres. The extent of the departure is minor and the awning height is less than the overall maximum height of the existing residential flat building (which is 13.6m). The awning is lightweight and open in form and will have minimal visual impact. The awning will not impact on the amenity of adjoining properties.
Extent of variationThe maximum height of the awning structure is 9.1m, which exceeds the maximum permitted building height of 9m by 0.1m (1.1% variation).
SuburbFAIRY MEADOW
ApplicationDA-2016/842
LotLot 4 DP 162065
Address29 Elliotts RoadFAIRY MEADOW  NSW  2519                                                           
DescriptionResidential - demolition of existing dwelling and shed, boundary adjustment, construction of multi dwelling housing and 3 lot strata subdivision and dual occupancy with 2 lot strata subdivision
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationA functional building can be provided on the narrower portion of the site, including appropriate carparking and access, landscaping and private open space areas, without detrimentally impacting the surrounding properties.
Extent of variation18m required, 16.53m provided
SuburbFIGTREE
ApplicationDA-2014/1177
LotLot 10 DP 216692
Address22 Walang AvenueFIGTREE  NSW  2525                                                                
DescriptionMixed Use Development - Shop Top Housing & Business Premises - alterations and additions to existing two storey dwelling house and shop complex
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe applicant’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered well founded. In this circumstance, it is recommended that the variation to WLEP 2009 be supported. The application was referred to IHAP on 25 March 2015. All panel members concurred with the Council Officers recommendation.
Extent of variationPermissible Height: 9m Approved Height: 9.9m
SuburbGWYNNEVILLE
ApplicationDA-2008/169
LotLot 3 DP 502294
Address9 Foley StreetGWYNNEVILLE  NSW  2500                                                              
DescriptionSecond storey addition and amenities block
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe increase in FSR is justifiable on the grounds of planning objectives, future planning considerations; and location and streetscape compatibility in the context of the intent of FSR requirements. The proposed variation will not prevent the attainment of the zone objectives or the intent of the FSR requirements.
Extent of variation23%
SuburbGWYNNEVILLE
ApplicationDA-2013/664
LotLot 2 DP 38009
Address31 Murphys AvenueGWYNNEVILLE  NSW  2500                                                           
DescriptionDemolition of existing structures, construction of three townhouses, and strata subdivision to create three lots
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationThe variation to the minimum site width will have only a minor impact. The reduced minimum site width has not prevented a suitable design.
Extent of variationMinimum site width = 18.0 metresApproved site width = 17.863 metres
SuburbHELENSBURGH
ApplicationDA-2007/115
LotLot 16 Sec C DP 2205
Address20 Bulgo RoadHELENSBURGH  NSW  2508                                                               
Description2 lot subdivision
Variations
Planning instrumentLEP 1990 ClauseC13(B) Subdivision and Density Provisions
Justification of variationConcurrence grated by Director General on 24/05/07
Extent of variationPermissible lot size 550 square metresApproved lot size 464 square metres
SuburbHELENSBURGH
ApplicationDA-2007/948
LotLot 1 DP 328006
Address251 Princes HighwayHELENSBURGH  NSW  2508                                                         
DescriptionDemolish Existing Dwelling and Construct Replacement Single storey dwelling-house
Variations
Planning instrumentLEP 1990 ClauseC14(1) Dwelling-houses in Zone 1, 7b, 7d
Justification of variationProposal is compatible with aims and objectives of Council's dwelling standards. Proposal is compatible with the amenity of the area and has no detrimental impacts on adjoining residents. Streetscape is not affected by the proposal.Concurrence of Director General granted 10/04/2008
Extent of variationClause 14(1)(c) Allotment must have an area of not less than 40HaApproved allotment has an area of 6633 square metresReplacement dwelling in 7D
SuburbHELENSBURGH
ApplicationDA-2014/1044
LotLot C DP 418808
Address15 Foster StreetHELENSBURGH  NSW  2508                                                            
DescriptionSubdivision - Torrens title - two residential lots
Variations
Planning instrumentWLEP 2009 Clausec4.1(3) Minimum subdivision lot size
Justification of variationClause 4.1 states that the size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. The Lot Size Map indicates that the minimum lot size for the land is 449m2.  The proposal will result in the creation of a lot measuring 440.3m2 which is 8.7m2 less than the minimum. This equates to a 2% shortfall.  The proposal is not dissimilar to what could be achieved with a Dual Occupancy development and subsequent Torrens Title Subdivision which is permitted via 4.1.4C.
Extent of variationThe Lot Size Map indicates that the minimum lot size for the land is 449m2.  The proposal will result in the creation of a lot measuring 440.3m2 which is 8.7m2 less than the minimum. This equates to a 2% shortfall.
SuburbHELENSBURGH
ApplicationDA-2015/666
LotLot 5 SP 89977
Address5/21 Cemetery RoadHELENSBURGH  NSW  2508                                                          
DescriptionIndustrial - construction of an internal storage mezzanine
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe 37.8sq.m mezzanine does not impact bulk or scale and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area.The application was referred to IHAP on 12 August 2015.  All panel members concurred with the Council Officer's recommendation.
Extent of variationPermissible FSR: 0.5:1Approved FSR : 0.513:1
SuburbHELENSBURGH
ApplicationDA-2015/827
LotLot 7 SP 89977
Address7/21 Cemetery RoadHELENSBURGH  NSW  2508                                                          
DescriptionIndustrial - first use as a depot (mobile food van) and construction of an internal storage mezzanine
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe 43.9sq.m mezzanine does not impact bulk or scale and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area.
Extent of variationPermissible FSR:  0.5:1Approved FSR:  0.515:1
SuburbHORSLEY
ApplicationDA-2009/1062
LotLot 118 DP 1096644
Address18 Norman Clark CrescentHORSLEY  NSW  2530                                                        
DescriptionSingle storey dwelling
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationMinor increase to floor space ratio
Extent of variationThe additional floor space equated to approx 8% of the overall floor space for the dwelling
SuburbHORSLEY
ApplicationDA-2010/388
LotLot 60 DP 1063539
Address359 Bong Bong RoadHORSLEY  NSW  2530                                                              
DescriptionTwo (2) lot subdivision
Variations
Planning instrumentLEP 1990 ClauseC13(1) Subdivision Zone 1
Justification of variationSEPP1 submitted CL 13 WLEP 1990
Extent of variationSEPP1 submitted CL 13 WLEP 1990 >10 % Minumum lot size
SuburbHORSLEY
ApplicationDA-2013/839
LotLot 307 DP 1165206
Address9 Morson AvenueHORSLEY  NSW  2530                                                                 
DescriptionSubdivision - Torrens title - thirteen residential lots
Variations
Planning instrumentWLEP 2010 (West Dapto) ClauseClause 4.1 Minimum Lot Size
Justification of variationThe applicant's submission in relation to Clause 4.6, variation to development standard, has been assessed and is considered to be well founded. In this instance, it is recommended that the variation to WLEP (WD) 2010 be supported. The proposed minimum lot sizes are consistent with the lot layouts for surrounding areas, will not adversely affect adjoining residences and are capable of accomodating a compliant dwelling. The application was referred to IHAP on 12 November 2013. All panel members concurred with the Council Officer's recommendation.
Extent of variation13 residential allotements proposed, 10 lots are less than the minimum lot size as per WLEP (WD) 2010.Minimum lot size permitted: 450sqmApproved minimum lot size: 10 lots less than 450sqm, greater than 300sqm
SuburbKEIRAVILLE
ApplicationDA-2007/1425
LotLot 6 DP 843929
Address2 Northfields AvenueKEIRAVILLE  NSW  2500                                                         
DescriptionMulti purpose sports hall with basement carpark and mezzanine level inside sports hall
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variation Multi purpose sports hall with basement carpark and mezzanine level inside sports hall  proposes a building of 12.9 metres at its highest ridge point above existing natural ground level for the purpose of providing adequate internal ceiling heights to allow a variety of indoor sports activities to be undertaken.Concurrence of  Director General granted 31/11/07.
Extent of variationHeight 11mConcurrance height 12.9
SuburbKEIRAVILLE
ApplicationDA-2007/501
LotLot 1 DP 527353
Address292-294 Gipps RoadKEIRAVILLE  NSW  2500                                                           
DescriptionBoarding House (Student Accommodation Comprising 76 Bedsit Units) with Commercial at Ground Floor (Three Tenancies)
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationIREP 1Concurrence of Director General granted on 12/11/2007 to height variation siting bulk and scale similar to a previous approval.LEP1990 C12Concurrence of Director General granted on 12/11/2007 citing the reason being that a building with a similar bulk and scale previously approved.
Extent of variationIREPHeight 11mConcurrance height 13.45LEP1990 C12Permissible FSR 0.75:1Approved FSR 1.02:1
SuburbKEIRAVILLE
ApplicationDA-2008/1649
LotLot 6 DP 843929
Address2 Northfields AvenueKEIRAVILLE  NSW  2500                                                         
DescriptionDemolition of existing structure andconstruction of academic building at the University of Wollongong - Smart Infrastructure facility
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationHeight requested is consistent with other recent University buildings which have have been granted a variation concurrence under cl.139 of IREP 1 Concurrence granted on 5/12/08
Extent of variation20 metres height requested instead of the standard 11 metres
SuburbKEIRAVILLE
ApplicationDA-2008/557
LotLot 6 DP 843929
Address2 Northfields AvenueKEIRAVILLE  NSW  2500                                                         
DescriptionConstruction of stages 1 and 2 of the Illawarra Health and Medical Research Institute at the University of Wollongong
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationThe building is located within the middle of the campus and consistent with the surrounding approved buildings, the impact of a 21m high building in this location is minimalConcurrence of Director General dated 24/04/08
Extent of variationHeight 11m Approved height 21m
SuburbKEIRAVILLE
ApplicationDA-2009/1128
LotLot 6 DP 843929
Address2 Northfields AvenueKEIRAVILLE  NSW  2500                                                         
DescriptionDemolition of existing building and construction of academic and research building in two stages
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationIn context with other developments within the University Campus
Extent of variationHeight limit IREP 1 is 11m.Proposal requests 18m.Therefore the variation request is 61 %.
SuburbKEIRAVILLE
ApplicationDA-2009/1189
LotLot 6 DP 843929
Address2 Northfields AvenueKEIRAVILLE  NSW  2500                                                         
DescriptionIntegrated Development - Construction of student accommodation building with associated site works and services
Variations
Planning instrumentIREP 1 ClauseC139 Development Applications-High Rise Buildings
Justification of variationThe application requests consideration for a departure from the requirements of Clause 139 (2) (b) of Illawarra Regional Environmental Plan No. 1 (IREP No.1) 1986 (Deemed SEPP) for the general maximum height limitation of 11 metres.The application was referred to the Department of Planning with the Director General granting concurrence to the proposed building height above 11 metres in the following correspondence comments dated 14 October 2009.“I refer to your request for the concurrence of the Director General of the Department of Planning for the above application in relation to clause 139 (2) (b) of Illawarra Regional Environmental Plan No.1.   I am pleased to advise that the Director General has decided to grant his concurrence to the proposed building height above 11 metres.”
Extent of variationThe height of the proposed building varies due to the topography of the site and the architectural design elements.The average building height is four storeys (height 14 metres to the roof ridge) with some components of the building being five storeys in height above ground level (height 17.2 metres to roof ridge).The departure from the requirements of Clause 139 (2) (b) of the Illawarra Regional Environmental Plan No. 1 1986 is also supported by Council due to the proposed development being of similar bulk, scale and height as the existing University of Wollongong main campus development which consists of a range of buildings 3, 4 and 5 storeys in height.
SuburbKEIRAVILLE
ApplicationDA-2009/1189/A
LotLot 6 DP 843929
Address2 Northfields AvenueKEIRAVILLE  NSW  2500                                                         
DescriptionIntegrated Development - Construction of student accommodation building with associated site works and servicesModification A - change to student accommodation unit mix with a reduction in building scale, mass, gross floor area, site coverage and carparking
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationThe application requests consideration for a departure from the requirements of Clause 139 (2) (b) of Illawarra Regional Environmental Plan No. 1 (IREP No.1) 1986 (Deemed SEPP) for the general maximum height limitation of 11 metres.
Extent of variationThe height of the proposed building varies due to the topography of the site and the architectural design elements.The departure from the requirements of Clause 139 (2) (b) of the Illawarra Regional Environmental Plan No. 1 1986 is also supported by Council due to the proposed development being generally reduced from the height that was approved under the original Development Consent DA-2009/1189.
SuburbKEIRAVILLE
ApplicationDA-2012/1194
LotLot 10 DP 867659
Address25 Cedar GroveKEIRAVILLE  NSW  2500                                                               
DescriptionResidential - alterations and additions to dwelling house
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe applicant’s submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance it is recommended that Council supports this variation to the LEP 2009. The proposed design of the dwelling significantly improves theamenity of the building for the owners; it addresses the internal water issues currently experienced with the existing flat roof design.The application was referred to IHAP on 14 March 2013. All Panel members concurred with the Council Officer's recommendation.
Extent of variationHeight 9mApproved Height 9.436m
SuburbKEIRAVILLE
ApplicationDA-2014/613
LotLot 1 DP 527353
Address292-294 Gipps RoadKEIRAVILLE  NSW  2500                                                           
DescriptionMixed use development (Shop Top Housing) comprising 17 residential units over three retail suites and basement carparking
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationCouncil on the 21 May 2014 was returned of 100% assumed concurrence from the Director General of the DPE for exceptions to development standards due to Council implementing satisfactory internal processes in dealing with development applications that included such procedural matters as referral to the IHAP.  This application was lodged on the 3 June 2014 and subsequently the exception can be assessed by Council accordingly.The extent of the non-compliance is restricted to the portion of land that has been excavated to accommodate the previous land use as a service station.  It is expected that the proposal will present to the public domain, particularly Grey Street, as a compliant development.
Extent of variationPermissible Height - 9mApproved Height - 10m
SuburbKEMBLA GRANGE
ApplicationDA-2007/1790
LotLot 4 DP 1120230
Address5 Keevers PlaceKEMBLA GRANGE  NSW  2526                                                           
DescriptionDesignated and Integrated Development - construction and use of an asphalt batching plant and associated structures
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationHeight 11mConcurrance height 24m
Extent of variationHeight considered appropriate in context.Concurrence of Director General dated 10/06/08
SuburbKEMBLA GRANGE
ApplicationDA-2008/769/C
LotLot 6 DP 1120230
Address61 Reddalls RoadKEMBLA GRANGE  NSW  2526                                                          
DescriptionDesignated and Integrated Development - material recovery facility - licence under the Protection of the Environment Operations Act 1997 from the Department of Environment and Climate ChangeModification C - to increase height and FSR, delete condition 13 (bushfire matters) and enclose the green waste receival and shredding facility
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development both on the adjoining property and in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone.The application was referred to IHAP on 4 November 2014. All Panel members concurred with the Council Officer's recommendation. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009.
Extent of variationClause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009:Maximum permitted height 9mApproved height 16.56m
SuburbKEMBLA GRANGE
ApplicationDA-2011/1158
LotLot 51 DP 1162730
Address1 Keevers PlaceKEMBLA GRANGE  NSW  2526                                                           
DescriptionDesignated Development  - Construct and use a bitumen premix plant and ancilliary infrastructure including administrative office and maintenance workshop. Subdivision to amalgamate Lot 4 DP 1120230 & Lot 51 DP 1162730. Operational hours are to be 24 hours per day and 7 days a week.
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationA justification statement was submitted and considered satisfactory.  The main height departure is for the mixing tower which is considered to have minor impact.  The other height departure was the storage bins that are at the rear of the site and considered to have minimal impact.
Extent of variation23m for the mixing tower and 10m for the storage bin building.
SuburbKEMBLA GRANGE
ApplicationDA-2011/1371
LotLot 50 DP 1162730
Address73 Reddalls RoadKEMBLA GRANGE  NSW  2526                                                          
DescriptionIndustrial Development - Three stage development: Construction and use of workshop/wash bay & office building and storage shed for the repair and maintenance of plant equipment and heavy vehicles including associated carparking and landscape works.
Variations
Planning instrumentWLEP 2010 (West Dapto) ClauseClause 4.3(2) Height of Buildings
Justification of variationA justification statement seeking an exception to the development standard according to Clause 4.6(3) of WLEP (West Dapto) was provided by the applicant and it was considered by Council and supported.Concurrence granted by Director General on 28 November 2011.
Extent of variationClause 4.3 - Height of BuildingsPermitted height 9mApproved height 11.3m
SuburbKEMBLA GRANGE
ApplicationDA-2013/829
LotLot 3 DP 1120230
Address6 Keevers PlaceKEMBLA GRANGE  NSW  2526                                                           
DescriptionDesignated Development - Industrial - construction and operation of a static asphalt plant and associated infrastructure
Variations
Planning instrumentWLEP 2010 (West Dapto) ClauseClause 4.3(2) Height of Buildings
Justification of variationThe requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan (West Dapto) 2010 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development both on the adjoining property and in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone.A delegate of The Director-General granted concurrence on 30 August 2013.
Extent of variationClause 4.3 Height of Buildings of the Wollongong Local Environmental Plan (West Dapto) 2010Maximum permitted height 9mApproved height 25.6m
SuburbKEMBLA GRANGE
ApplicationDA-2014/466/F
LotLot 2 DP 561484
Address212 Reddalls RoadKEMBLA GRANGE  NSW  2526                                                         
DescriptionCar storage facility and vehicle processing facility to provide shade cover parking for 20,000 carsModification F - amend condition 20 to enable buildings in excess of 9m high
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe requested exception to clause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that proposal will not detract from other approved development in the locality that exceed 9m and is considered to meet the objectives of the IN2 zone.The application was referred to IHAP on 6 April 2016. All Panel members concurred with the Council Officer's recommendation. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009.
Extent of variationClause 4.3 Height of Buildings of the Wollongong Local Environmental Plan 2009:Maximum permitted height 9mApproved height 12.93m
SuburbMARSHALL MOUNT
ApplicationDA-2012/828
LotLot 1 DP 209007
Address143 North Marshall Mount RoadMARSHALL MOUNT  NSW  2530                                            
DescriptionSubdivision - boundary adjustment
Variations
Planning instrumentLEP 1990 ClauseC13(1) Subdivision Zone 1
Justification of variationThe variation relates to the boundary adjustment of the existing allotment (Lot 1) with an area of 1.96 hectares that already does not comply with the minimum lot size required of 40 hectares. The proposed boundary adjustment will increase the area of Lot 1 by 3818m2 to 1.962 hectares and enable the existing associated boundary fence and structures to be contained wholly within Lot 1. As a result of the proposal the area of Lot 2 will decrease slightly with a total area of 50.43 hectares and thus remain compliant with the 40 hectare minimum lot size requirement. It is considered the proposed boundary adjustment will enable a more orderly use and management of the land, for both allotments and will not result in adverse impacts. Concurrence was granted by a delegate of the Director General on 6 September 2012.
Extent of variationLot sizePermissible lot size 40 hectaresApproved lot size 1.962 hectares
SuburbMOUNT KEIRA
ApplicationDA-2013/777
LotLot 9 DP 1015275
Address13 Cato PlaceMOUNT KEIRA  NSW  2500                                                               
DescriptionResidential - patio roof and extension to existing garage
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationJustification provided by applicant. Variation minor, and acceptable in the circumstances.
Extent of variationPermitted FSR 0.3:1 Approved FSR 0.3114:1
SuburbMOUNT KEIRA
ApplicationDA-2016/1430
LotLot 8 DP 1015275
Address11 Cato PlaceMOUNT KEIRA  NSW  2500                                                               
DescriptionResidential - alterations and additions
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe requested exception to clause 4.4 Floor Space Ratio of the Wollongong Local Environmental Plan 2009 is considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variation sought and demonstrates that strict compliance with the development standard is unreasonable and unnecessary. It is considered that there sufficient environmental planning grounds specific to the site to justify contravening the development standard, and it is considered to meet the objectives of the standard and the E4 Environmental Living Zone. The application was referred to IHAP on 6 April 2016. All Panel members concurred with the recommendations of the Council Officer. Council received advice from a delegate of the Director General on 21 May 2014 returning delegation of powers to Council (assumed concurrence) negating required concurrence from the Director General as relates to cl. 4.6 of WLEP 2009.
Extent of variationThe maximum floor space ratio in the E4 Environmental Living zone is 0.3:1 whereas the proposed is 0.39:1.
SuburbMOUNT KEMBLA
ApplicationDA-2007/825
LotLot 38 DP 4264
Address23 Stafford RoadMOUNT KEMBLA  NSW  2526                                                           
DescriptionGarage and store room additions
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationVariation is minor and the proposal does not detract from the locality or amenity of the adjoining development. Additional FSR is located wholly within the existing building envelope.
Extent of variationPermissible FSR 0.3:1Approved FSR 0.326:1
SuburbMOUNT PLEASANT
ApplicationDA-2007/1354
LotLot 10 DP 1008498
Address21 Parrish AvenueMOUNT PLEASANT  NSW  2519                                                        
DescriptionTwo storey dwelling-house and inground swimming pool
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationDevelopment satisfies the objectives of the zone and is consistent in character and scale with the surrounding approved development. The proposal is compliant with DCP 49 requirements in terms of setback and height.Concurrence of Director General granted 11/02/08.
Extent of variationPermissible FSR 0.3:1Approved FSR 0.36:1
SuburbMOUNT PLEASANT
ApplicationDA-2008/1387
LotLot 1 DP 911000
AddressLot 1 New Mount Pleasant RoadMOUNT PLEASANT  NSW  2519                                            
DescriptionEight lot subdivision (no building/dwelling entitlement rights) and consolidation of all relevant land.
Variations
Planning instrumentLEP 1990 ClauseC13(B) Subdivision and Density Provisions
Justification of variationProposal is consistent with objectives of the zone. The proposed subdivision will not interfere with the character or amenity of the locality as it will not alter the physical state of the sites.
Extent of variationProposed lot 2 35%Proposed lot 3 15%Proposed lot 4 12%Proposed lot 5 74%proposed lot 7 62%Proposed lot 8 93%
SuburbMOUNT SAINT THOMAS
ApplicationDA-2008/1804
LotLot 11 DP 793912
Address40 The AvenueMOUNT SAINT THOMAS  NSW  2500                                                        
DescriptionTwo (2) lot torrens title subdivision
Variations
Planning instrumentLEP 1990 ClauseC13(B) Subdivision and Density Provisions
Justification of variationThe objectives of the standard are achieved in this instance as the built form already exists for each of the proposed lots and the requirements for open space and car parking are satisfied.
Extent of variation9%
SuburbNORTH WOLLONGONG
ApplicationDA-2006/1156/D
LotLot 7 DP 33638
Address14 Virginia StreetNORTH WOLLONGONG  NSW  2500                                                     
DescriptionDemolition of all existing structures/buildings and construction of a multi-unit residential flat building comprised of 4 x 3 bedroom, 23 x 2 bedroom and 9 x 1 bedroom units over basement parkingModification D - awning to penthouse level
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe development is considered satisfactory in regard to clause 4.6 as outlined below.(1) The objectives of this clause are as follows:(a) to provide an appropriate degree of flexibility in applying certain development standards to particulardevelopment,(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Development consent may, subject to this clause, be granted for development even though the development wouldcontravene a development standard imposed by this or any other environmental planning instrument. However, thisclause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Development consent must not be granted for development that contravenes a development standard unless the consentauthority has considered a written request from the applicant that seeks to justify the contravention of the developmentstandard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case,andGiven the existing approved building height, minor nature of the modification and location ofthe awning, compliance with the height control is considered unreasonable and unnecessary inthis case. There will be no amenity impacts arising on adjoining development and theappearance of the development will not alter significantly.(b) that there are sufficient environmental planning grounds to justify contravening the development standard.The awning increases the amenity of the subject unit through the provision of protection fromthe sun.(4) Development consent must not be granted for development that contravenes a development standard unless:(a) the consent authority is satisfied that:(i) equest has adequately addressed the matters required to be demonstrated bysubclause (3), andThe applicant has not provided a written request to vary the standard however given theminor nature of the variation and lack of any impacts Council has done this assessment.(ii) the proposed development will be in the public interest because it is consistent with the objectives of theparticular standard and the objectives for development within the zone in which the development is proposedto be carried out,The objectives of the height are as follows:(a) to establish the maximum height limit in which buildings can be designed and floor space can be achieved,(b) to permit building heights that encourage high quality urban form,(c) to ensure buildings and public areas continue to have views of the sky and receive exposure to sunlight.The proposal is consistent with these objectives as follows:The proposal does not exceed the existing approved maximum building height.The awning will not appreciably alter the appearance of the building and is consistent withthe approved built form.The awning will not impact on the skyline.The awning is considered to improve the amenity of the subject unit by providingprotection from the sun and a more practical private open space.The objectives for development in the R1 zone are as follows:To provide for the housing needs of the community.To provide for a variety of housing types and densities.To enable other land uses that provide facilities or services to meet the day to day needs of residents.The proposal is not considered to be contrary to any of these objectives.(b) the concurrence of the Director-General has been obtained.Provided.
Extent of variation6.7%
SuburbNORTH WOLLONGONG
ApplicationDA-2007/337
LotLot 100 DP 1153120
Address14-16 Pleasant AvenueNORTH WOLLONGONG  NSW  2500                                                  
DescriptionDemolition of existing 2 buildings, construction of a (5) storey building comprising of 12 x 3 bedroom apartments and 1 x 4 bedroom penthouse apartment over two levels of basement parking
Variations
Planning instrumentWCCLEP 2007 ClauseC21 Height of Buildings as per HOB map
Justification of variationNot an unreasonable request, no adverse amenity impactsDepartment of Planning has issued concurrence for the proposed height increase.
Extent of variation16m building height permitted.  20.4 m  height approved.
SuburbNORTH WOLLONGONG
ApplicationDA-2007/955
LotLot 304 DP 746634
AddressBrandon Park68 Squires WayNORTH WOLLONGONG  NSW  2500                                            
DescriptionConstruction of new building to accomodate academic research and education/ training centre for transnational crime prevention
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationConcurrence granted by the Department of Planning 10/08/2007
Extent of variationHeight 11mConcurrance height 18.25
SuburbNORTH WOLLONGONG
ApplicationDA-2015/639
LotLot B DP 345709
Address10 Pleasant AvenueNORTH WOLLONGONG  NSW  2500                                                     
DescriptionResidential - Demolition of existing structures and construction of a 5 storey residential flat building over 2 levels of basement parking
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationIt is considered that the proposed development has been designed appropriately with regard to the site constraints and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area. Only the southern portion of the land does not achieve the minimum site width, and a better built outcome would not be achieved if this portion was excluded from the development.The application was referred to IHAP on 21 October 2015. The IHAP panel members recommended some design issue changes to the development, namely, restricting the development to a height of 16 metres AHD, relocation of the bin storage area to the basement carpark level and some privacy to the adjacent ground floor balcony to unit 3, 6-8 Pleasant Avenue and lounge room windows of units 3, 5 and 7. The IHAP panel members indicated that the application could be approved under Council Officer delegation without the necessity of re-reporting back to IHAP, following the appropriate design changes to the proposed development. The revised proposal was subsequently endorsed by Council’s Manager Development Assessment & Certification (Acting).
Extent of variationClause 7.14 requires a minimum site width of 24m for residential flat buildings. The site has frontage of 13.716m to Pleasant Avenue, expanding to a 30.175m rear boundary.
SuburbOTFORD
ApplicationDA-2007/1929
LotPt Lot 10 Sec 8 DP 4591
Address14 Lady Wakehurst DriveOTFORD  NSW  2508                                                          
DescriptionReplacement Dwelling - Stage 1 New Building Envelope, Stage 2 Demolition of Existing Dwelling and Construction New Dwelling
Variations
Planning instrumentLEP 1990 ClauseC14(1) Dwelling-houses in Zone 1, 7b, 7d
Justification of variationCompliance with the stadard will effectively sterilise the site. Surrounding site areas vary from 1000-9000 square metres. Creation of a 10Ha lot will require the consolidation of at least 30 surroounding properties.Concurrence of Director General dated 27/03/08
Extent of variationMinimum allotment area must not be  <10 Ha for  existing holding with existing dwelling entitlement.Approved allotment area 8735 square metres
SuburbOTFORD
ApplicationDA-2012/987/B
LotLot 52 DP 749935
Address76-78 Station RoadOTFORD  NSW  2508                                                               
DescriptionResidential - demolition of existing dwelling and construction of new two storey dwelling house - modification to add additional bedroom and robe to upper level
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationCouncil considers the applicant has provided sufficient planning grounds to justify contravening the Floor Space Ratio development standard such that the requirements of Clause 4.6 Exceptions to Development Standards of WLEP 2009 have been satisfied. The proposal it is considered will not increase the footprint of the approved dwelling, will have minimal environmental impacts, is comparative in scale to surrounding development, improve the built character and form of the dwelling and have minimal impact on the adjoining properties in terms of privacy, overshadowing and view loss. Concurrence was granted by the Director General on the 31/05/13.
Extent of variationPermitted FSR 0.3:1Approved FSR 0.356:1
SuburbPORT KEMBLA
ApplicationDA-2007/498
LotLot 1 DP 606434
AddressLot 1 Five Islands RoadPORT KEMBLA  NSW  2505                                                     
DescriptionDemolition of existing building & construction of new Ammonium Sulphate storage building
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationThe building is located within the middle of the Bluescope site and the impact of an 11m high building in this location is minimal
Extent of variationHeight 11mApproved height 16m
SuburbPORT KEMBLA
ApplicationDA-2010/154
LotLot 1 DP 1138179
Address8 Anzac WayPORT KEMBLA  NSW  2505                                                                 
DescriptionConstruction of a multi dwelling housing development comprising of eighteen (18) x two (2) storey townhouses with associated strata subdivision.  Conversion of existing heritage item to communal open space
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationSEPP 1 variation submitted in relation to FSR. SEPP 1 considered to be suitable. Assumed concurrence exercised as the variation was less than 10%
Extent of variationMaximum permitted FSR 0.5:1Proposed FSR 0.51:1
SuburbRUSSELL VALE
ApplicationDA-2007/702
LotLot 4 DP 624800
Address25 York PlaceRUSSELL VALE  NSW  2517                                                              
DescriptionErection of Building to be Used for Light Industry (Lamination Shop)
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationThis height is not envisaged to impact upon any adjoining properties as it is set well back from the boundaries and the adjoining property immediately north is an owned by the RTA and used as a depot and to the west of the site is the northern distributor and to the east is the railway line.The proposed colour scheme and the use of light windows provide visual interest to the large building.  Furthermore, the landscaping will partly screen the building from the adjoining properties.Concurrance granted by Director General 23/7/2007
Extent of variationHeight 11mApproved height 13m
SuburbSCARBOROUGH
ApplicationDA-2016/234
LotLot 16 DP 253965
Address14 Railway TerraceSCARBOROUGH  NSW  2515                                                          
DescriptionResidential - alterations and additions
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationReduction in FSR
Extent of variationFSR exceeds 0.5:1 permitted under LEP
SuburbSTANWELL PARK
ApplicationDA-2008/509
LotLot 36 DP 7664
Address4 Murrawal RoadSTANWELL PARK  NSW  2508                                                           
DescriptionTwo (2) lot subdivision
Variations
Planning instrumentLEP 1990 ClauseC13(B) Subdivision and Density Provisions
Justification of variationSECTION 7.1 OF DCP49 ALSO ENABLES CONSIDERATION  WHERE A PROPOSED ALLOTMENT ALREADY CONTAINS AN EXISTING DWELLING AND ADEQUATE OPEN SPACE AND AMENITY IS PRESERVED. APPLICANT PROPOSES TWO EQUAL SIZE ALLOTMENTS OF 506 SQ. METRES.
Extent of variationPermissible lot size 550 square metresApproved lot size 506 square metres
SuburbSTANWELL PARK
ApplicationDA-2012/1311
LotLot 5800 DP 1132696
AddressHill Crest Home1A Railway CrescentSTANWELL PARK  NSW  2508                                       
DescriptionResidential - seniors housing development comprising four independent living units and a 44 bed residential aged care facility (Stage 2)
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe applicant's submission in relation to Clause 4.6, variation to development standards, has been assessed and is considered to be well founded. In this circumstance, it is recommended that the variation to the LEP 2009 be supported. The proposed design of the residential care facility significantly improves the useability of the structure and enables the lift overrun to be concealed as to minimise the impact of the proposal on the heritage value of Hillcrest House. Concurrence granted by Director General on 11/02/2013. The application was referred to IHAP on the 11 April 2013 and all panel members concurred with the officer's recommendation.
Extent of variationMaximum height permitted - 9mApproved height - 11.75m
SuburbTHIRROUL
ApplicationDA-2007/575
LotLot 20 DP 815323
Address70-74 Phillip StreetTHIRROUL  NSW  2515                                                           
DescriptionAlterations and additions to Lawrence Hargrave Private Hospital
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationConditionally approved on 6 November 2007 following Report to Council Meeting dated 5 November 2007 - Resolution Minute No.359 and with the NSW Department of Planning's Concurrence dated 23 July 2007
Extent of variationPermitted FSR 0.3:1Approved FSR 0.52:1
SuburbTHIRROUL
ApplicationDA-2008/314
LotLot 100 DP 1104635
Address264-270 Lawrence Hargrave DriveTHIRROUL  NSW  2515                                                
DescriptionChange of use from commercial to residential
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationThe variation to the IREP height was minor and also accepted by IHAP
Extent of variation310mm above the11m IREP requirement.
SuburbTHIRROUL
ApplicationDA-2008/314/B
LotLot 101 DP 1126857
Address264-270 Lawrence Hargrave DriveTHIRROUL  NSW  2515                                                
DescriptionChange of use from commercial to residential – Modification B - minor increase in floor area, reduction in size of balconies and amendments to internal layout of Units 13 and 14
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe applicant has provided sufficient justification for the proposed variation to the Floor Space Ratio development standard. The proposal has no impact on the bulk and scale of the development and does not alter the foot print of the approved development (as this is a modification to a previous consent). There are no external impacts arising from the increase in floor space ratio.The application was referred to IHAP on 26 November 2014. All Panel members concurred with the Council Officer's recommendation.
Extent of variationPermitted FSR 1.5:1Approved FSR 1.544:1
SuburbTHIRROUL
ApplicationDA-2008/716
LotLot 13 DP 1042495
Address20 Jaraga CircuitTHIRROUL  NSW  2515                                                              
DescriptionTwo storey dwelling-house, swimming pool and retaining walls
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variation
Extent of variationPermissible FSR 0.3:1Approved FSR 0.329:1
SuburbTHIRROUL
ApplicationDA-2013/815
LotLot 1 DP 189090
Address346 Lawrence Hargrave DriveTHIRROUL  NSW  2515                                                    
DescriptionResidential - demolition of existing structures and construction of residential flat building (12 units) with basement carparking.
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe exception relates to Clause 4.4 of Wollongong Local Environmental Plan 2009 (WLEP) 2009 which identifies that consent must not be granted for development which exceeds the maximum 0.75:1 Floor Space Ratio (FSR) for the R3 zone. The proposed development has an FSR of 0.97:1 which results from additional floor area, with part of the basement/podium extending more than 1.2m from natural ground level, which must be included within the FSR calculation. In effect the contravention results from the need to minimise excavation within the Tree Protection Zone (TPZ) of a Heritage listed Fig Tree within the site and additional car parking provision for the development, to that which is required by Council’s controls.
Extent of variationThe proposed development has an FSR of 0.97:1. This exceeds the maximum FSR of 0.75:1 by almost 1/3.
SuburbTHIRROUL
ApplicationDA-2014/1047
LotLot 14 SP 81272
Address14/264-270 Lawrence Hargrave DriveTHIRROUL  NSW  2515                                             
DescriptionResidential - multi dwelling housing
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe subject site is located of a land zone transition from commercial to residential. The subject site has a maximum height of 9m the properties immediately to the South and West have a maximum building height of 12m. The bulk and scale is suitabel for the low density environment and the proposal complies with Council's FSR control. Solar access to adjoining properties considered acceptable. Proposal satisfies objectives of the zone. The proposal is in keeping with the Thirroul area  and current community expectations and will provide an improved land use outcome for the site.
Extent of variationHeight 9mApproved Height 11.25m
SuburbTOWRADGI
ApplicationDA-2007/612
LotLot 1 DP 1106357
Address1 Steel StreetTOWRADGI  NSW  2518                                                                 
DescriptionDemolition of exisitng dwelling house and construction of dual occupancy
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe proposed development is consistent with the objectives of the 2(a) zone as the dual occupancy retains a scale that is proportional to single detached housing. The proposal has less than the maximum allowable FSR of a single dwelling and has increased side boundary setbacks to adjoining properties.Concurrence granted by Director General 22/8/07 as Variation greater than 10%
Extent of variationPermissible FSR 0.3:1Approved FSR 0.35:1
SuburbTOWRADGI
ApplicationDA-2008/455
LotLot 12 DP 38076
Address25 Marlo RoadTOWRADGI  NSW  2518                                                                  
DescriptionConvert existing garage to granny flat and construction of carport
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationProposal complies with the aims and objectives of the zone and does not detract from the amenity of the area.Proposal complies with DCP 49.Concurrence by Director General dated 23/04/08
Extent of variationPermissible FSR 0.3:1Approved FSR 0.38:1
SuburbTOWRADGI
ApplicationDA-2014/286
LotLot 2 DP 857097
Address440-450 Princes HighwayTOWRADGI  NSW  2518                                                        
DescriptionEducation facility - refurbishment of existing buildings and construction of new buildings car parking and associated external works.
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationConcurrence granted by a delegate of the Director-General dated 24/06/2014.Height - The contravention to the height limit is required to provide for operational needs of the site for an appropriate outdoor recreational area on the roof terrace. The proposal is considered to be of high quality urban form and not to have unreasonable amenity impacts on the surrounding properties specifically in regard to views and sunlight received. Floor Space Ratio - The contravention to the floor space ratio is considered to have minimal impact due to the design of the building. The development is unlikely to result in unreasonable impacts on surrounding properties with regard to overshadowing, bulk and scale and visual impacts. Given the nature of the use for the site compliance with these two development standards is considered to be unreasonable in this instance.
Extent of variationPermitted height 9mApproved height 11.05mPermitted FSR 0.5:1Approved FSR 0.55:1
SuburbUNANDERRA
ApplicationDA-2007/1067
LotLot 17 DP 250059
Address25 Resolution DriveUNANDERRA  NSW  2526                                                           
DescriptionConstruction of workshop and storage facility
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationProposal within an Industrial Estate and business is to undertake crane maintenance. Height of 14.332 metres requested due to necessary crane infrastructure required in order to undertake such repairs. Precedent cited on adjoining property- Bisalloy Steel.Concurrence granted by  Director General dated 16/01/08
Extent of variationHeight 11mConcurrance height 14.332
SuburbUNANDERRA
ApplicationDA-2007/1644
LotLot 222 DP 806901
Address28 Lady Penrhyn DriveUNANDERRA  NSW  2526                                                         
DescriptionIndustrial workshop
Variations
Planning instrumentIREP 1 ClauseC139 Concurrence of the Director
Justification of variationDeparture based on need for clearance for machinery used in metal fabrication process. Concurrence of Director general dated 18/03/08.
Extent of variationHeight 11mConcurrance height 13.27
SuburbUNANDERRA
ApplicationDA-2010/1697
LotLot 1 DP 1152593
Address13 Investigator DriveUNANDERRA  NSW  2526                                                         
DescriptionWind turbine
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationClause 4.6(3) WLEP 2009 Submission received and agreed to.
Extent of variationClause 4.3(2) WLEP 2009 Permitted Height 11mApproved 16.2mConcurrence granted by DoP on 09 February 2011
SuburbUNANDERRA
ApplicationDA-2012/627
LotLot 207 DP 261823
Address275 Princes HighwayUNANDERRA  NSW  2526                                                           
DescriptionSubdivision - torrens title - two industrial lots
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe variation will have limited impact on surrounding development due to the existing physical segregation of the site by the retaining wall (existing). The topography of the site limits the ability for the site to be reasonably used for one use only given the restriction to being able to provide shared access and facilities. The increased floor area on proposed lot 1 results from a mezzanine level, which does not change the overall height or footprint of the building, and the bulk of which is not visually apparent. Given the variation is a 10% increase to the standard, a delegate of the Director General advised on 11/5/12 that Council may assume concurrence.
Extent of variationPermissible FSR 0.5:1Approved FSR 0.55:1Delegate of the Director General advised Council may assume concurrence on 11/5/12
SuburbWARRAWONG
ApplicationDA-2008/165
LotLot 2 DP 517418
Address127-129 King StreetWARRAWONG  NSW  2502                                                           
DescriptionDemolition of one unit and alterations and additions to bulky good retail complex
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe additional floor space does not create a building that is out of character with the surrounding area. The additional floor area is found in the mezzanine level and therefore does not add to the bulk of the building.It is considered that the proposed development achieves the aims and objectives of the zone.
Extent of variationPermissible FSR 0.5:1Approved FSR 0.52:1
SuburbWEST WOLLONGONG
ApplicationDA-2010/507
LotLot 146 DP 7135
AddressLot 146 Reserve StreetWEST WOLLONGONG  NSW  2500                                                  
DescriptionReplacement of existing timber light poles and fittings with 4 x 12m steel poles and new light fittings
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationVariation submitted in accordance with Clause 4.6 of WLEP 2009. Variation to Clause 4.3 (height of buildings). Variation considered to be reasonable. Concurrence of Director General obtained 5/10/10
Extent of variationMaximum permitted height 9mProposed height 12m
SuburbWEST WOLLONGONG
ApplicationDA-2011/17
LotLot 1 DP 784362
Address418 Crown StreetWEST WOLLONGONG  NSW  2500                                                        
DescriptionDemolition of existing dwelling and removal of tree.  Construction of four storey residential flat building containing 6 units and associated basement car park
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationWLEP 2009 - Clause 4.3The proposed development is considered to satisfy the objectives of the clause. The departure is minor and does not result in any unreasonable impacts on the amenity of nearby properties in terms of overshadowing, privacy, loss of views, loss of daylight or natural ventilation. The Director General's concurrence was granted for the proposed variation on 14 March 2011.The IHAP unanimously recommended that the application be approved on 3 May 2011WLEP 2009 - Clause 7.14The proposed development is considered to satisfy the objectives of the clause. The site is considered to be an existing isolated allotment that is restricted from amalgamation due to the existing development on the eastern and western boundaries.The Director General's concurrence was granted for the proposed variation on 14 March 2011.The IHAP unanimously recommended that the application be approved on 3 May 2011
Extent of variationWLEP 2009 - Clause 4.3Maximum allowable height - 9mProposed height 10.12m12.44% variationWLEP 2009 - Clause 7.14Minimum required site width - 24mProposed site width - 18.7m22% variation
SuburbWEST WOLLONGONG
ApplicationDA-2013/949
LotLot 105 DP 25391
Address35 Yellagong StreetWEST WOLLONGONG  NSW  2500                                                     
DescriptionResidential - eight attached townhouses, alterations to existing dwelling, demolition of existing outbuildings
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationA statement addressing clause 4.6 Exceptions to development standards of WLEP 2009 was submitted with the application. The reduced site width affects the front of the site only, and expands to dimensions of approximately 49 metres by 49 metres, which is appropriate for multi-dwelling housing. The shortfall is minor, and has not prevented a suitable design.
Extent of variationRequired = 18 metres  Approved site width = 16.46 metres. The shortfall of 1.54 metres represents an 8.5% variation.
SuburbWEST WOLLONGONG
ApplicationDA-2014/1665
LotLot 1 DP 784362
Address418 Crown StreetWEST WOLLONGONG  NSW  2500                                                        
DescriptionResidential - demolition of existing structures and construction of multi dwelling housing
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe height restriction map indicates that a maximum height limit of 9m applies to the subject site. The proposed development has a height of 9.4m at the highest point.The applicant's submission in relation to Clause 4.6 variation to development standards is considered well founded and demonstrates that strict compliance with the development is unreasonable and unnecessary. Therefore it is recommended that the variation to the WLEP 2009 be supported.The application was referred to IHAP on 24 June 2015. All panel members concurred with the Council Officers recommendation.
Extent of variationExceeds the height by 400mm considered minimal.
SuburbWINDANG
ApplicationDA-2008/362
LotLot 14 DP 14600
Address115 Ocean StreetWINDANG  NSW  2528                                                                
DescriptionTwo storey dwelling-house
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe proposed dwelling exceeds the FSR by approx 19.0m2 or 6.9%.  The additional area is a storage area at the back of the garage which is not visible from the street and as the property backs onto a reserve the additional area does not impact on the rear neighbour.
Extent of variationPermissible FSR 0.5:1Approved FSR 0.54:1
SuburbWOLLONGONG
ApplicationDA-1998/275/B
LotLot 703 DP 854202
Address10 Thomas StreetWOLLONGONG  NSW  2500                                                             
Description15 Units & 76 Msq Commercial Space with parking for 23 CarsModification B - increase building height from 7 storeys to 8 storeys. Floor layout changes increasing the number of units from 15 to 25. Increase parking from 23 to 31 spaces with the addition of basement parking.
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe development does not result in any unreasonable impacts on the amenity of nearby properties in terms of overshadowing, privacy, loss of views, loss of daylight or natural ventilation.
Extent of variation1.8m over the height limit of 24m
SuburbWOLLONGONG
ApplicationDA-2002/953/A
LotLot A DP 155025
Address11 West StreetWOLLONGONG  NSW  2500                                                               
DescriptionAlterations And Additions and Use as OfficeModification A - modification to internal layout
Variations
Planning instrumentWLEP 2009 Clausec4.4(2) Floor space ratio
Justification of variationThe additional FSR is being added wholly within the building. There is no impact of additional bulk and scale. Traffic impact considered satisfactory.
Extent of variationVariation from 0.5:1 to 0.9: FSR
SuburbWOLLONGONG
ApplicationDA-2003/1680/F
LotLot 45 DP 1080717
Address17 Kembla StreetWOLLONGONG  NSW  2500                                                             
DescriptionDemolition of existing structures and construction of an eight (8) storey residential unit building comprising nine (9) x two (2) bedroom units and ten (10) x three (3) bedroom units with basement parking for 31 vehiclesModification F - modification  to raise levels 700mm
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationBuilding originally approved prior to gazettal of LEP 2009 at 29.0m; gazettal of LEP limited height to 24.0m; variation to height of 700mm considered acceptable in light of previous consent. DoP of the view concurrence not required as assumed concurrence granted with original consent; IHAP concurred.
Extent of variationHeight 24mApproved height 29m
SuburbWOLLONGONG
ApplicationDA-2006/1525/C
LotPt Lot B DP 367260
Address68 Cliff RoadWOLLONGONG  NSW  2500                                                                
DescriptionDemolition of building and construction of six storey residential flat building comprising five units. Modification C to reduce number of units to 3, internal rearrangement of floorplan, changes to elevations, deletion of one storey and deletion of 3 car parking spaces
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationBuilding HeightException to development standard under Clause 4.3 Building Height.  Maximum building height permitted is 16m and proposed building height is 17.24m.  The proposed building height is lower than the previously approved maximum building height of 18.77m by 1.49m and has a lesser impact than the existing approval.Minimum Site WidthException to development standard under Clause 7.14 Minimum Site Width.  Minimum site width required for residential flat buildings is 24m, and existing site width is 15.392m.  Site is an isolated lot and unable to be amalgamated to achieve minimum site width.  Site has a previous approval for a residential flat building on the site.  Department of Planning and Infrastructure has granted their concurrence.
Extent of variationBuilding height7.5%Minimum site width36%
SuburbWOLLONGONG
ApplicationDA-2007/1094
LotLot 43 Sec 5 DP 1258
Address24 Young StreetWOLLONGONG  NSW  2500                                                              
DescriptionDemolition of existing buildings and the construction of an 8 storey commercial building with 3 levels of basement parking
Variations
Planning instrumentWCCLEP 2007 ClauseC22D Building separation
Justification of variationDraft LEP to amend Clause 22D building separation
Extent of variationDraft LEP to amend Clause 22D building separation - to remove requirement
SuburbWOLLONGONG
ApplicationDA-2007/603
LotLot 101 DP 627403
Address21-23 Denison StreetWOLLONGONG  NSW  2500                                                         
DescriptionDemolition of existing buildings and the construction of two 10 storey commercial towers with 3 levels of basement parking
Variations
Planning instrumentWCCLEP 2007 ClauseC22 Floor Space Ratio as per the FSR Table
Justification of variationThe excess floors space is contained solely within the carpark basement which does not contribute to the bulk and scale of the building nor hinder the achievement of the zone objectives.
Extent of variation16%
SuburbWOLLONGONG
ApplicationDA-2008/1030
LotLot 1 DP 1127807
Address150 Kembla StreetWOLLONGONG  NSW  2500                                                            
DescriptionMinor alterations and additions and the use of the completed structure as a residential dwelling
Variations
Planning instrumentLEP 1990 ClauseC12 Floor Space Ratios
Justification of variationThe proposed increase in FSR is essentialy the enclosing of a balcony which is located under the existing roof line of the dwelling and is considered to not have any additional impact with regard to visual bulk and scale or ammenity of adjoining properties.The strict application of the FSR requirement is considered unnecessary in the circumstances to achieve the objectives of the requirementand the objects of the Act.The applicants SEPP No. 1 Objection is considered to be well founded.
Extent of variationPermissable FSR 0.5:1Approved FSR 0.53:1
SuburbWOLLONGONG
ApplicationDA-2009/1312
LotLot 47 DP 975638
Address106 Kembla StreetWOLLONGONG  NSW  2500                                                            
DescriptionDemolition of building and construction of a mixed use development
Variations
Planning instrumentWCCLEP 2007 ClauseC22A Minimum Building Street Frontage
Justification of variationThe applicant made genuine attempts to purchase the adjoining property and was unsuccessful. Council was of the opinion that strictly enforcing this control would be unreasonable in this instance. The proposal did not result in any unreasonable impacts on amenity of nearby properties in terms of overshadowing, privacy and views, loss of daylight or natural ventilation. It was not of excessive bulk and was consistent with all other provisions of WCCLEP 2007 and WCCDCP 2007 with the exception of minor variations.
Extent of variation58%
SuburbWOLLONGONG
ApplicationDA-2009/1582
LotLot 2 DP 1080428
Address25 Atchison StreetWOLLONGONG  NSW  2500                                                           
DescriptionConstruction of a thirteen (13) storey commercial development
Variations
Planning instrumentWCCLEP 2007 ClauseC22D Building separation
Justification of variationVariation submitted in accordance with Clause 24 WCC LEP 2007. Considered to be reasonable and supported by Southern Region Joint Regional Planning Panel. Concurrence of Director General obtained 23/04/10
Extent of variationReduced building separation provided to the northern boundary
SuburbWOLLONGONG
ApplicationDA-2009/282
LotLot 1 DP 723467
Address54 Kembla StreetWOLLONGONG  NSW  2500                                                             
DescriptionTwenty-one (21) lot strata subdivision of serviced apartment building
Variations
Planning instrumentWCCLEP 2007 ClauseC22F Serviced Apartments
Justification of variationVariation to Clause 22F sought using Clause 24. Variation to Residential Flat Design Code considered to be acceptable. Concurrence of Director General obtained 3/02/10
Extent of variationBuilding does not comply with Residential Flat Design Code
SuburbWOLLONGONG
ApplicationDA-2010/1415
LotLot 37 DP 10704, Lot 38 DP 10704, Lot 39 DP 10704, Lot 40 DP 10704, Lot 41 DP 10704, Lot 42 DP 10704, Lot 5 DP 13047, Lot 6 DP 13047, Lot A DP 340379, Lot C DP 348551, Lot 2 DP 395582, Lot A DP 411527
Address22-30 Gladstone AvenueWOLLONGONG  NSW  2500                                                       
DescriptionThe application proposes a mixed use development involving the construction of two (2) x nine (9) level buildings over one (1) level of basement carparking and two (2) x eight (8) level buildings over one level of basement parking. Each building consists of ground floor commercial with residential above comprising a total of 9 commercial units and 207 residential units with 316 carparking spaces. The development will be constructed in two (2) stages but is not staged for the purposes of the Act.
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationVariation submission made in accordance with Clause 4.6. Considered to be reasonable and supported by JRPP. Concurrence of Director General obtained 12/01/11
Extent of variation0m separation requiredProposed separation 8m proposed
SuburbWOLLONGONG
ApplicationDA-2010/1503
LotLot 11 DP 68930, Lot 1 DP 232667
Address134-140 Keira StreetWOLLONGONG  NSW  2500                                                         
DescriptionProposed commercial building over basement parking
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationVariation statement submitted in accordance with Clause 4.6. Variation considered to be acceptable and concurrence of Director General obtained 17/03/11
Extent of variationMaximum permitted height 16mProposed height 18m
SuburbWOLLONGONG
ApplicationDA-2010/1682
LotLot 1 DP 509597, Lot 10 DP 540641
Address47 Burelli StreetWOLLONGONG  NSW  2500                                                            
DescriptionDemolition of existing commercial building and construction of a multi-storey commercial/residential building and land subdivision (rationalisation of existing allotment boundaries)
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationThe applicant provided a detailed variation statement in relation to Clause 8.6 as required by Clause 4.6 of WLEP 2009. The justification was considered to be acceptable. The concurrence of the Director General of the Department of Planning was granted and the proposal was supported by the JRPP.
Extent of variationThe standard requires a 0m building separation to the eastern boundary for that part of the building up to street frontage height. A building separation distance of 12m to the neighbouring building to the east is proposed to facilitate the provision of an open pedestrian walkway adjacent to the eastern boundary as required by Chapter D13 of WDCP 2009.
SuburbWOLLONGONG
ApplicationDA-2010/37
LotLot 52 Sec 3 DP 1258
Address46 Loftus StreetWOLLONGONG  NSW  2500                                                             
DescriptionDemolition of structures and construction of an 8 storey building containing cafe, medical consulting rooms and day surgery includingloading dock and 4 levels of basement parking for 108 cars
Variations
Planning instrumentWCCLEP 2007 ClauseC21 Height of Buildings as per HOB map
Justification of variationVariation submitted in relation to Clause 21 under Clause 24 of Wollongong City Centre LEP 2007. Height considered to be reasonable and approved by JRPP. Concurrence of Director General obtained 3/03/10
Extent of variationMaximum permitted height 32mProposed height 32.9m
SuburbWOLLONGONG
ApplicationDA-2010/709
LotLot 10 Sec 2 DP 979807
Address11 Atchison StreetWOLLONGONG  NSW  2500                                                           
DescriptionMixed use development comprising of ground floor commercial uses and fifty (50) residential apartments over basement parking
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationVariation submitted Clause 4.6 WLEP 2009 in relation to Clause 8.6 Building Separation. Submission supported. Concurrence granted by Director General on 7/07/10
Extent of variationReduced setback to north and south
SuburbWOLLONGONG
ApplicationDA-2010/905
LotLot B DP 154804
Address2 Burelli StreetWOLLONGONG  NSW  2500                                                             
DescriptionMixed use development comprising ground level commercial and 41 apartments over 14 levels with 2 basement parking levels.
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationVariation statement in accordance with Clause 4.6 submitted in relation to Clause 8.6. Considered to be acceptable and supported by JRPP. Concurrence of Director General obtained 6/10/10
Extent of variationRequired separation 0m to street frontage heightProposed separation to street frontage height of building
SuburbWOLLONGONG
ApplicationDA-2010/993
LotLot 701 DP 701536
Address141 Crown StreetWOLLONGONG  NSW  2500                                                             
DescriptionDemolition of existing building and construction of three storey commercial building
Variations
Planning instrumentWLEP 2009 Clausec8.4 (2) Minimum building street frontage
Justification of variationVariation made in accordance with Clause 4.6 of WLEP 2009 seeking exception to Clause 8.4. Variation request considered to be satisfactory. Concurrence of Director General granted 17/09/10
Extent of variationMin building street frontage requirement 20mSite has a street frontage of 10.06m.
SuburbWOLLONGONG
ApplicationDA-2011/770
LotLot 102 DP 1162470
Address3 Rawson StreetWOLLONGONG  NSW  2500                                                              
DescriptionConstruction of a mixed use development
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationBuilding separation cl 8.6 WLEP 2009  - Refer to Council's report to JRPP 2 December 2011 for details
Extent of variationBuilding separation cl 8.6 WLEP 2009  - Refer to Council's report to JRPP meeting 2 December 2011 for details
SuburbWOLLONGONG
ApplicationDA-2011/862
LotLot 12 DP 37759
Address11 Stewart StreetWOLLONGONG  NSW  2500                                                            
DescriptionCommercial - demolition of existing building and construction of a mixed use four (4) storey development
Variations
Planning instrumentWLEP 2009 Clausec8.4 (2) Minimum building street frontage
Justification of variationClause 8.4 - variation statement provided in accordance with clause 4.6. Isolated allotment and not physically possible to achieve necessary site width. See TRIM record Z12/46027 for full justification. Clause 8.6 - Building separation provided is considered to satisfy the objectives of the clause and also is satisfactory with regards to the setback controls for WDCP 2009.
Extent of variationClause 8.4 - 28% variation (20m site width required - 14.319m provided).Clause 8.6 - 20m required and 4.5m provided. 77.5% variation.
SuburbWOLLONGONG
ApplicationDA-2012/1308
LotLot 43 Sec 5 DP 1258
Address24 Young StreetWOLLONGONG  NSW  2500                                                              
DescriptionCommercial premises - construction of a four (4) storey building
Variations
Planning instrumentWLEP 2009 Clausec8.4 (2) Minimum building street frontage
Justification of variationObjective of the standard is not hindered. The application was peer reviewed internally and by IHAP.
Extent of variationClause 8.4 WLEP 2009 minimum site width varied. Minimum lot width required is 20m; the subject site has a width of 10m.
SuburbWOLLONGONG
ApplicationDA-2012/1471
LotLot 1 DP 152797
Address18 Kembla StreetWOLLONGONG  NSW  2500                                                             
DescriptionResidential - Residential Flat Building - comprising of 6 x 1 bed units and 18 x 2 bed units over basement parking with demolition of existing structures
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationClause 4.6 variation statement submitted
Extent of variationRequired to be 24m however site is only 15m
SuburbWOLLONGONG
ApplicationDA-2013/1061
LotLot 3 DP 17709
Address82A Cliff RoadWOLLONGONG  NSW  2500                                                               
DescriptionResidential - demolition of existing structures and the construction of a four storey residential flat building consisting of three units
Variations
Planning instrumentWLEP 2009 Clausec7.14 (1, 2) Minimum site width
Justification of variationApplicant considers that compliance with 24m site width would prohibit the redevelopment of the site for a residential flat building of any kind. Applicant considers design of building on reduced site width does not lead to any adverse impacts.
Extent of variation10 metres
SuburbWOLLONGONG
ApplicationDA-2013/1419
LotLot 4 DP 13990
Address10 Regent StreetWOLLONGONG  NSW  2500                                                             
DescriptionConstruction of a 29 level (including basements) mixed use development incorporating retail, commercial, hotel, function, recreational and residential uses
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationThe existing adjoining building has a nil setback to the shared boundary, it does not contain residential uses and the relevant part of the southern elevation has no openings.
Extent of variationBetween nil and 3.3m, where 12m is required
SuburbWOLLONGONG
ApplicationDA-2013/462
LotLot 44 DP 8682
Address33 Staff StreetWOLLONGONG  NSW  2500                                                              
DescriptionResidential -  demolition of two existing cottages and construction of 15 units and subdivision - strata title - 15 residential lots
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationInsufficient justification
Extent of variation<10%
SuburbWOLLONGONG
ApplicationDA-2013/986
LotLot 2 DP 70662, Lot 1 DP 71070, Lot A DP 396278
AddressOxford Hotel47-51 Crown StreetWOLLONGONG  NSW  2500                                              
DescriptionMixed use development including demolition of existing structures and construction of 18 commercial units, 135 residential units and two levels of basement parking
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationJustification provided under clause 4.6. 0m separation s building share a common wall on boundary
Extent of variation0m setback instead of 20m separation
SuburbWOLLONGONG
ApplicationDA-2014/589
LotLot 2 DP 564910
Address172-174 Keira StreetWOLLONGONG  NSW  2500                                                         
DescriptionCommercial - ground level and awning refurbishment and BCA compliance works
Variations
Planning instrumentWLEP 2009 Clausec4.4A Floor space ratio Wollongong City Centre
Justification of variationAdditional floor space was predominantly internal (removal of non-compliant fire stairs), with minor increase in ground floor area (less than 12sqm). No adverse impacts with regard to bulk or scale.
Extent of variationPermitted FSR 1.5:1Approved FSR 1.65:1
SuburbWOLLONGONG
ApplicationDA-2014/956
LotLot 300 DP 827624
AddressHoward Court27A Stewart StreetWOLLONGONG  NSW  2500                                              
DescriptionSeniors Living Development comprising 75 independent living units, car parking, cafe, activity spaces and partial demolition of existing building
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe proposed height occurs in the northern part of the floorplate, only on Level 7. The proposed building separation of the southern section of Levels 2-4 is 14m, where 20m is required.The application was lodged on 12 August 2014, and therefore Council’s assumed concurrence applies. The requested exception to clauses 4.3(2) and 8.6(3) are considered reasonable given the circumstances of the case. The applicant has provided adequate justification for the variations and demonstrates that strict compliance with the development standards.The design intent accommodates a number of limiting factors in addition to the sun plane control (e.g. the desire to provide landscape connection through the site from Pioneer Rest Park to Stewart Street, the need for comfortable separation between the proposed building and existing Howard Court and desire to limit overshadowing into the central courtyard).Provision of an alternative complying design would have likely resulted in a deeper floorplate which may not have incorporated the central courtyard and which may have cast a longer shadow over the building and Howard Court.Similarly, building separation is unnecessary as none of the relevant rooms has openings on the eastern elevation. Privacy, noise transmission and general amenity will not be adversely affected by the reduced distance.  It is noted that the objectives of both the building height and separation clauses are satisfied. The application was determined by the JRPP on 8 May 2015. All panel members concurred with the Council Officer's recommendation.
Extent of variationHeightPermissible height: 24m.  Approved 26.23mBuilding separation:Required separation 20m.  Approved separation 14m
SuburbWOLLONGONG
ApplicationDA-2015/1052
LotLot 201 DP 1149577
Address35 Kenny StreetWOLLONGONG  NSW  2500                                                              
DescriptionShop top housing/mixed use development
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationNo adverse impacts on amenity for occupants or adjoining properties with regard to privacy or solar access. Variation results in desirable built form and is conssitent with objectives of Clause 8.6.The application was referred to IHAP on 20 July 2016.  The Panel agreed with the officer’s recommendation for approval.
Extent of variationPermissible building separation under Clause 8.6(3)(b) - minimum 16m between habitable and any other buildingApproved building separation under Clause 8.6(3)(b)  - minimum 3.64m
SuburbWOLLONGONG
ApplicationDA-2015/1655
LotLot 4 DP 13990
Address10 Regent StreetWOLLONGONG  NSW  2500                                                             
DescriptionConstruction of a twenty-two storey shop top housing development incorporating 151 residential apartments, 10 retail spaces, gymnasium, child care centre and 209 basement parking spaces
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationWLEP 2009 clause 8.6 building separation (2)(a). Compliance unreasonable as objective of clause best satisfied by the departure. The existing adjoining building has a side setback of 4.63m and so nil separation between the proposed and existing adjoining building is not able to be achieved. Adequate environmental planning grounds include design excellence achieved by design of the relevant southern elevation, where the curved framing portal is more effective within a side setback. The proposed separation achieves privacy and amenity for the proposed and adjoining building.  DA has been to Design Review Panel and JRPP.
Extent of variation3m setback provided to Rawson Street (western boundary) at levels 1-4, where nil setback required
SuburbWOLLONGONG
ApplicationDA-2015/389
LotLot 1 DP 1108384
Address25 Stewart StreetWOLLONGONG  NSW  2500                                                            
DescriptionAlterations and additions to existing Aldi Store and carpark reconfiguration
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationExisting store is already above the maximum 400sq.m limitation and the use is not changing. Proposal does not detract from the city centre objectives of WLEP2009.
Extent of variation490 square metres
SuburbWOLLONGONG
ApplicationDA-2016/1557
LotLot 9 DP 10704
Address385A Crown StreetWOLLONGONG  NSW  2500                                                            
DescriptionDemolition of existing structures and construction of hotel development
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationThe departure is consistent with the objectives of standard and the B3 Commercial Core
Extent of variationClause 8.6(3)(b) which requires that any part of a dwelling be setback 16 metres from any other part of any other buildingProposal provides for a setback to the southrn boundary of 6m.
SuburbWOLLONGONG
ApplicationDA-2016/635
LotLot 9 Sec 2 DP 10566
Address36 Rowland AvenueWOLLONGONG  NSW  2500                                                            
DescriptionResidential - demolition of existing structures and construction of residential flat building
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe proposal satisfies the objectives of the R1 GeneralResidential zone and the objectives of Clause 4.3.Independent Hearing and Assessment Panel considered the application on 16 December 2016 and supported Council recommendation of deferred commencement consent subject to some amendments of the proposal not related to the variation request.
Extent of variationThe Height of Building Map provides for a maximum buildingheight of 16m for the site. The applicant proposes a maximumheight of the building 17.9m or a non compliance of 1.9m (11.8%).
SuburbWOLLONGONG
ApplicationDA-2016/823
LotLot 2 DP 535694
AddressSt Marks429 Crown StreetWOLLONGONG  NSW  2500                                                    
DescriptionPlace of public worship - alterations and additions
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationReplacement steeple exceeds the maximum 9m height limit however is the same height as the existing steeple to be demolished. Replacement steeple is necessary to retain prominence of the church's built form.
Extent of variationReplacement steeple has a height of 23.81m, thereby exceeding the 9m height limit by 14.81 metres.
SuburbWOLLONGONG
ApplicationDA-2016/969
LotLot 2 DP 153824, Lot 3 DP 153824
Address48 Bank StreetWOLLONGONG  NSW  2500                                                               
DescriptionDemolition of existing structures and construction of shop top housing comprising ground floor commercial and six residential levels with basement parking
Variations
Planning instrumentWLEP 2009 Clausec8.6 (2,3) Zone B3 Commercial Core/Zone B4 Mixed
Justification of variationObjectives of Clasue 8.6 and zone objectives have been satisfied & sufficient planning grounds to justify variation provided. Reduced building separation will not compromise visual amenity, privacy, overshadowing outcomes for existing or future buildings.The application was referred to IHAP on 26 April 2017 at which time the IHAP panel deferred the application requiring amended plans and additional information for a number of matters, including waste management, lack of deep soil planting, inadequate building separation in the north-west corner of the site, access to communal open space and functionality of the landscape space, main bedrooms relying on highlight windows for daylight access on the northern elevation, insufficient information on whether the existing building did not fall within the definition of Low Rental Residential Building and additional accessible parking on basement levels 1 and 2. At the 26 April 2017 meeting, IHAP indicated that the matter did not need to come back to IHAP once these issues were addressed.The matters were satisfactorily addressed and a Section 79C Assessment Report was completed on 5 July 2017 recommending approval of the development subject to appropriate conditions.
Extent of variation20m separation distance between habitable parts of dwellings where minimum 7m separation distance proposed.
SuburbWOLLONGONG
ApplicationDA-2017/831
LotLot 8 SP 75088
Address8/10 Harbour StreetWOLLONGONG  NSW  2500                                                          
DescriptionResidential - alterations and additions
Variations
Planning instrumentWLEP 2009 Clausec4.3(2) Height of buildings
Justification of variationThe applicant has provided an exemption request prepared in accordance with Clause 4.6 of Wollongong LEP 2009. The matter was considered and determined by the IHAP.
Extent of variationTthe approved building height is 17.495m whereas Clause 4.3 specifies a maximum height limit of 16m.
SuburbWOLLONGONG
ApplicationRD-2014/512/A
LotLot 32 DP 8682
Address28 Staff StreetWOLLONGONG  NSW  2500                                                              
DescriptionDemolition of existing buildings and construction of nine storey residential flat building comprising 34 apartments, 40 carparking spaces and ground floor medical suite
Variations
Planning instrumentWLEP 2009 Clausec4.4A Floor space ratio Wollongong City Centre
Justification of variationApplication refused
Extent of variationapplication refused
SuburbWONGAWILLI
ApplicationDA-2010/368
LotLot 202 DP 1017684
Address60 Smiths LaneWONGAWILLI  NSW  2530                                                               
DescriptionSix (6) lot subdivision
Variations
Planning instrumentLEP 1990 ClauseC13(3) Subdivision Zone 1, 7a, 7b, 7d
Justification of variationTo correct an anomaly in the standard LEP Instrument cl 4.1 relating to minimum allotment size in split zoned allotments.
Extent of variationGREATER THAN 10%
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