Item 7.2 - Attachment 1

Development Application Variations under SEPP 1 - December 2009 and January 2010

Development Application Variations under SEPP 1 – December 2009 and January 2010

DA No:	Address:	Category of development:	Environmental Planning Instrument	Development standard to be varied	Justification of variation	Extent of Variation	Date DA determined
DA/428/2009	49 Keeler Street, Guildford	Residential 2(b)	PLEP 2001	Clause 39 – Height Control Required – 2 storey Provided – 3 storey	The non compliance with the height standard is a technical non compliance due to the definition of storey under PLEP 2001 which includes subfloor area greater than 1.2 metres above ground level. The non-compliance is a direct result of the higher than usual foundation area under the dwelling due to the sloping nature of the subject site.	1 storey	Council meeting 14 December 2009
DA/708/2009	23 Lachlan Drive, Winston Hills	Residential 2(a)	PLEP 2001	Clause 38 – Minimum Allotment Sizes Required – 550m2 Proposed –300.2m2 Clause 40 – Floor Space Ratios Required – 0.5:1 Proposed – 0.66:1	The variation to the minimum allotment size is considered appropriate in this particular case as the allotment of land is in existence and was authorised by Council in 1998. In addition, the floor space ratio of the dwelling that is proposed is consistent with the previously approved floor space ratio for the site and is also consistent with the size of other dwellings that have been constructed in the housing estate. The design, bulk and scale of the proposed dwelling is appropriate.	45% 32%	Council meeting 7 December 2009
DA/675/2009	37 Midson Road, Eastwood	Residential 2(a)	PLEP 2001	Clause 38(1)(b) – Allotment Size and Frontage Required – 550m2 Proposed – 360m2 Clause 39(1) - Height Required – 2 storey Proposed – 3 storey Clause 40(1) – Floor Space Ratio Required – 0.5:1 Proposed 0.69:1	Masterplan endorsed in 2003 granted approval to smaller lot sizes. Technical non compliance due to definition of storey under PLEP 2001. Consistent with Masterplan endorsed by Council in 2003.	190m2 1 storey	Council meeting 7 December 2009
DA/738/2009	27 Bogalara Road, Old Toongabbie	Residential 2(a)	PLEP 2001	Clause 38(1)(b) – Minimum Allotment Size Required – 550m2 Proposed – 495m2 Required – 15m frontage Proposed – 13.205m	Allotment of land subdivided on 23 October 1996 (existing allotment of land).	Site area – 10% Frontage – 12%	LM/CEO Delegated meeting 22 January 2010
DA/732/1009	10a Rickard Street, Carlingford	Residential 2(a)	PLEP 2001	Clause 31(1)(b) – Minimum Allotment Size Required – 550m2 (site area) Proposed – 533.9m2 Required – 15m frontage Provided – 14.59m2	Allotment of land subdivided on 10 April 2006 (existing allotment of land).	Site area – 3% Frontage – 3%	Delegated authority 14 January 2010