A55 6.4 6.4 NO 147A LAGOON STREET, NARRABEEN - EXTENSION TO by lindash

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									\LASU\KC\3782.doc\55                                  PAGE            FILE NO: 2735/147A-A

                                                     A55
Report to Local Approvals Committee Meeting on 4 September 2001


 6.4           NO 147A LAGOON STREET, NARRABEEN - EXTENSION
               TO EXISTING GARAGE

Reporting Officer
Manager Local Approvals

Management Plan
Program:                        Urban Development
Program Goal:                   To achieve a built environment which complements and enhances
                                natural areas, public spaces and the desired character for Warringah
Program Function:               Approvals service
Management Plan:                warringah PLAN 2001-2004

Purpose
To gain a Council determination on an application referred from the Development Unit.

Owner of Property:          M A & R P Geros

The above Development Application is detailed in the attached report to the Development
Unit dated 21 August 2001. The application is referred to Council for determination at the
request of Councillor D Jones.

Recommendation of Local Approvals Service Unit Manager (Refusal)
That the application for extension to existing garage at Lot 4, DP 603823, No. 147A Lagoon
Street, Narrabeen, be refused for the following reasons.

1.      Pursuant to Section 76A(1)(a) of the Environmental Planning and Assessment Act
       1979 (as amended), no development consent has been obtained or is in force for the
       works already completed, prior to the determination of the development application.

2.     Pursuant to Section 79C(1)(b)(d) and (e) of the Environmental Planning and
       Assessment Act 1979 (as amended), the proposed increase in height and footprint area
       of part of the existing garage by virtue of its height, bulk and scale and its position in
       relation to the southern boundary is considered to have a detrimental effect on the
       amenity of the adjoining property

3.     Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act
       1979 (as amended), the proposed development is inconsistent with the visual bulk and
       architectural scale of structures on adjoining land and thereby adversely impacts on the
       visual amenity and character of the immediate locality.



Report of Warringah Council Meeting held on 4 September 2001
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                                                     A56
Report to Local Approvals Committee Meeting on 4 September 2001


4.     Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act
       1979 (as amended), additional building work on a nil setback has not been considered
       under a development application.

5.     Pursuant to the Warringah Environmental Plan 2000, as amended, the proposed
       development is not consistent with Clause 66 of the General Principles in relation to
       Building Bulk.


RECOMMENDED TO COUNCIL by the General Manager.




Report of Warringah Council Meeting held on 4 September 2001
                                                       ITEM

                                                      6.4
\LASU\RM\3782.doc\Pg57                                                       FILE NO:    PF2735/147A-A

                                                      A57                               ATTACHMENT
Development Application Determination


DEVELOPMENT APPLICATION DETERMINATION
No:                  2001/760
Lodged:              18.6.2001

Development Proposal
Extension to existing garage.

Site Description
Lot 4, DP 603823, No. 147A Lagoon Street, NARRABEEN

Applicant’s Name and Address
M Geros
147A Lagoon Street
NARRABEEN 2101

Owner’s Name and Address
MA and RP Geros
PO Box 133
NARRABEEN 2101

Zoning Details
The land is situated in the D1- Collaroy/Narrabeen Locality pursuant to the provisions of
Warringah Local Environmental Plan 2000, as amended.

Proposal in Detail
Extension to parking bay of existing garage by way of increase in area of footprint, from 26.9
sqm to 30.0 sqm an increase of 3.1 sqm, and height of masonry walls, from 2.8m and 3.2m to
3.92m and 4.14m, along the southern and eastern boundaries.

Notification
The application was notified to 6 adjoining property owners by letter dated 19 June 2001. A
total of 3 submissions were received, of which 1, adjoining on the southern boundary at the
rear of the subject wall, objected for various reasons as set out below:

1. Advised by commercial pest control organisations to keep yard as dry as possible to
   minimise rising damp and termites at the rear of the dwelling.
2. Due to height of wall yard is always damp and grass will not grow.
3. Lack of sunlight until late afternoon.
4. Visual affect of the wall on a minimal setback.

Attachment to Report of Warringah Council Meeting held on 4 September 2001
                                                        ITEM

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\LASU\RM\3782.doc\Pg58                                                       FILE NO:     PF2735/147A-A

                                                      A58                               ATTACHMENT
Development Application Determination



Comment
The above matters raised by submission should be given determining weight.

Built Form Development Standards Summary

      STANDARD                      REQUIRED           PROPOSED                          COMPLIANCE
      Housing density               600 sqm            1093 sqm                          Yes
      Building height               2 storey/ 8.5m     1 storey & 4.14m                  Yes
      Front building setback        Average            Existing                          Yes*
      Rear building setback         6m                 Existing                          Yes*
      Side boundary envelope        4m x 45%           Within envelope                   Yes
      Side boundary setback         900mm              Nil and between 0.23 and 0.42m    No*
      Landscaped open space         Min of 40%         Greater than 40%                  Yes


* The submitted site plan indicates the existing garage is located on the eastern and legs of
  southern and western boundaries, whereas a survey certificate dated 13.6.2001 shows
  the garage on the eastern boundary and 0.42/0.32 of southern boundary and 0.23/.027 of
  the leg of the western boundary.
   The irregular configuration of the allotment with ROW access to Lagoon Street and Ocean
   Street, presents difficulties with respect to front and rear building setback criteria,
   therefore the side building setback has been adopted as the assessment reference.


Discussion
The proposed development relates to building work which has been carried out without prior
consent of Council, and which cannot be approved retrospectively. The nature of such work is
that it is out of character with the immediate locality. And by it’s height, bulk and location on
the crest of the Narrabeen peninsula has an adverse visual impact on the surrounding
properties.

Conclusion
The proposal has been assessed in accordance with the provisions of Sections 76A and 79C of
the Environmental Planning and Assessment Act 1979 (as amended), Warringah Local
Environmental Plan 2000, as amended, and other relevant codes and policies.

In consideration of the circumstance that the proposal incorporates unauthorised works,
including construction of walls and demolition of a roof structure, have occurred without the
prior consent of Council, Council does not have the authority to retrospectively approve such
work.



Attachment to Report of Warringah Council Meeting held on 4 September 2001
                                                        ITEM

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\LASU\RM\3782.doc\Pg59                                                       FILE NO:    PF2735/147A-A

                                                      A59                               ATTACHMENT
Development Application Determination


Further, the proposal is inconsistent with the Desired Future Character of the D1-
Collaroy/Narrabeen Locality Statement in relation of the need to maintaining low scale
development and open character and visual proportion of the locality

Recommendation (Refusal)
That the application for extension to existing garage at Lot 4, DP 603823, No. 147A Lagoon
Street, NARRABEEN, be refused for the reasons attached.

Instrument of Exercise of Delegated Authority
That this application be referred to Council for determination and that Council concur with
the above recommendation.



                                                          (Signed)                 (Date)



                                                                                             CHAIRMAN




Attachment to Report of Warringah Council Meeting held on 4 September 2001
                                                        ITEM

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\LASU\RM\3782.doc\Pg60                                                       FILE NO:    PF2735/147A-A

                                                      A60                               ATTACHMENT
Development Application Determination




Attachment to Report of Warringah Council Meeting held on 4 September 2001
                                                        ITEM

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\LASU\RM\3782.doc\Pg61                                                       FILE NO:    PF2735/147A-A

                                                      A61                               ATTACHMENT
Development Application Determination




Attachment to Report of Warringah Council Meeting held on 4 September 2001
                                                        ITEM

                                                       6.4

								
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