Item 8.2 - Attachment 1

Development Application Variations under SEPP 1 - Approved in September-October 2010


Development Application Variations under SEPP 1 – Approved in August-September 2010


DA No:


Category of development:

Environmental Planning Instrument

Development standard to be varied

Justification of variation

Extent of Variation

Date DA determined


3 Marguerette Street, Ermington

Residential 2(a)

PLEP 2001

Clause 39 – Height Control

Required – 3 storey

Proposed – 2 storey

The proposed works are consistent with the objectives of the PLEP 2001 and the PDCP 2005, and are considered satisfactory in terms of design, overshadowing, bulk and scale.  There is sufficient landscaping and open space areas provided as part of the proposal.  The new addition is appropriately sited without impacting on adjoining properties.  The non compliance is a numerical non compliance due to the definition of a storey under PLEP 2001.  The definition includes any subfloor area greater than 1.2 metres above ground level as a storey.  The subfloor foundation area of the existing dwelling protrudes above the natural ground level by a maximum of 1.9m on the western elevation. As such the non-compliance is a direct result of the subfloor area that exists below the existing dwelling due to the significant slope of the allotment.

1 storey

Council Meeting 11 October 2010


3 Mangalore Drive, Winston Hills

Residential 2(a)

PLEP 2001

Clause 38 – Minimum Allotment Size

Required – 550m2

Proposed – 335.2m2


Clause 38 – Minimum Frontage

Required – 15m

Proposed – 13.2m


Clause 39 – Height Control

Required – 2 storey

Proposed – 3 storey


Clause 40 – Floor Space Ratio

Required – 0.5:1

Proposed – 0.53:1


The dwelling house proposed in this application will be located on an allotment of land that has area of 335.m2 and a site frontage of 13.2m. 


The dwelling has been proposed with a floor space of 0.53:1 and will comprise of 3 storeys as defined by PLEP 2001.


A review of the relevant files has revealed Council’s minimum lot size of most of the parcels of land created in the subdivision were substantially less than 550m2.  Most of the dwellings approved in this estate have floor space ratios between 0.7:1 to 0.8:1.


The variation to the minimum allotment size and frontage width is considered appropriate in this particular case, as the allotment of land is in existence and was consented to by the Court in 1998.  In addition, the floor space ratio of the dwelling proposed is consistent with the size of other dwellings that have been constructed in the estate with the number of storeys being a direct result of the allotment topography.

Minimum Allotment Size



Minimum Frontage



Height Control

1 Storey


Floor Space Ratio


Council Meeting 11 October 2010