Item 11.1 - Attachment 1

Development Application Variations under SEPP 1 - June 2012


Development Application Variations under SEPP 1 including Clause 4.6 Exceptions to development standards

Approved in June 2012 (as at 25 June)



DA No:


Category of development:

Environmental Planning Instrument

Development standard to be varied

Justification of variation

Extent of Variation

Date DA determined






15B Albert Street, North Parramatta CP SP 75354

Mixed Use Development

Zone - B4 Mixed Use


Parramatta City Centre LEP 2007


cl. 24 - Building Separation


The development of the site was the subject of an architectural design competition.  The proposed development is consistent with the endorsed design competition development and represents design excellence.  The development complies with the permissible floor space ratio and building height development standards. The development is of a scale, density, form and land use mix envisaged by the local planning controls, and due to the competitive design process, ensures a superior development outcome in the City Centre.


The departure from the building separation standard is minor and has no material impact on the public domain or on the amenity of individual apartments. The flexible application of the standard results in a development which achieves primary objectives specifically relating to the zoning of the land and relating to solar access, outlook, view sharing, ventilation, and privacy.


It is considered therefore that the non-compliance with the development standard will not compromise the public interest and that there are sufficient planning grounds warranting support for a variation to the development standard. The encroachments into the required separation distances to the boundaries are not inconsistent with the objectives of the development standard or the objectives of the Mixed Use zone.



0m 36m

Setback required

Nil or 6m

Min Setback Proposed

Nil (1st 16.5m) then 2.4m to 8m to the south



36m 54m

Setback required


Min Setback Proposed

2.4m to 8m to the south.

Note: A 2m variation is

permitted at this height.

25 June 2012 Council Meeting







37 Midson Road, EASTWOOD 2122

CP 1 DP 270605

Dwelling house

Zone - R2 Low Density Residential



cl. 4.4 - maximum FSR (0.6:1)

The site is subject to a Masterplan and Council previously granted consent to subdivide the site into the subject allotment sizes. The proposed dwellings are consistent with the Masterplan and the overall site FSR of 0.6:1. The dwellings maintain suitable residential amenity for surrounding properties.


Allotment size

600m2 required

611m - 621.2m provided.



0.6:1 (max)

0.67:1 and 0.72:1 proposed

(approx 10.4% - 17% variation).


25 June 2012 Council Meeting