Planning Framework
7The site is within Zone No 2 Residential Zone, pursuant to Manly Local Environment Plan 1988 (LEP 1988) and the proposal is permissible with consent. The relevant objectives for Zone 2, at clause 10, include the following:
(b) to delineate, by means of development control in the supporting material, the nature and intended future of the residential areas within the Municipality,
(c) to allow a variety of housing types while maintaining the existing character of residential areas throughout the Municipality,
(d) to ensure that building form, including alterations and additions, does not degrade the amenity of surrounding residents or the existing quality of the environment,
(e) to improve the quality of the residential areas by encouraging landscaping and permitting greater flexibility of design in both new development and renovations,
(h) to encourage the revitalisation of residential areas by rehabilitation and suitable redevelopment,
8Clause 17 of LEP 1988, Visual and aesthetic protection of certain land, states the following:
The council shall not grant consent to the carrying out of development unless it is satisfied that the development will not have a detrimental effect on the amenity of the Foreshore Scenic Protection Area.
9The site is zoned E3 'Environmental Management' under the provisions of the draft Manly Local Environment Plan 2011 (draft LEP) and the proposal would be permissible with consent. The objectives for the E3 Zone are as follows:
To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
To provide for a limited range of development that does not have an adverse effect on those values.
To protect tree canopies and provide for low impact residential uses that does not dominate the natural scenic qualities of the foreshore.
To ensure that development does not negatively impact on nearby foreshores, significant geological features and bushland, including loss of natural vegetation.
To encourage revegetation and rehabilitation of the immediate foreshore, where appropriate and minimise the impact of hard surfaces and associated pollutants in storm water run-off on the ecological characteristics of the locality, including water quality.
To ensure that the height or bulk of any proposed buildings or structures have regard to existing vegetation, topography and surrounding land uses.
10The proposal is subject to the provisions of the Manly Development Control Plan for the Residential Zone 2007 - Amendment 2 (DCP 2007). The relevant objectives of DCP 2007 include the following:
f) To protect the amenity of existing and future residents;
h) To minimise the impact of new development, including alterations and additions, on privacy, views, solar access and general amenity of adjoining and nearby residences;
i) To provide view sharing for both existing and proposed development;
j) To maximise the provision of open space for all residential development;
11The Summary of Development Standards, at clause 3.1 of DCP 2007, applicable to the site, which is identified as 'density sub-zone 7 - mauve' by the Residential Density and Height Sub-Zone Map of DCP 2007, are as follows:
- Minimum site area of 1150m2 (for allotments with a 1:4 slope or greater);
- Maximum FSR 0.4:1;
- Minimum open space 60% of site and 40% of the open space as permeable area;
- Maximum wall height of 8m (Figure 4, for allotments with a 1:4 slope or greater).
12The objectives of the FSR control, at clause 3.4.1 of DCP 2007, are as follows:
a) To assist in controlling the bulk of buildings;
b) To ensure the scale of development does not obscure important landscape features;
c) To ensure the scale of development is consistent with the existing and desired character of the residential areas;
d) To minimise disruption to views and loss of privacy to adjacent and nearby development; and
e) To provide sunlight access to private open spaces within the development and maintain adequate sunlight access to private open spaces and to habitable rooms of adjoining dwellings.
13Clause 3.4.2(b) of DCP 2007 states the following in relation to calculating FSR for allotments that are less than the minimum site area:
On sites which are less than the minimum site area required in the relevant density sub-zone, the Council may consider a variation to the floor space ratio provided the application can demonstrate the objectives of the DCP can be achieved. This variation shall be limited to the allowable FSR for the minimum lot size in the relation density sub-zone. In sub-zone 7, the minimum site area for the purpose of this clause is 750m2.
14The relevant objectives for the building height control, at clause 3.5.1, are:
a) To regulation the height of buildings by specifying maximum wall and roof heights;
b) To assist in controlling the bulk of buildings;
c) To provide for building heights that are consistent with the prevailing building heights in the locality;
d) To minimise disruption to views from adjacent and nearby residential development and from public spaces;
15Clause 3.5.4 of DCP 2007, Number of Storeys, states that buildings shall not exceed two storeys, unless specific site constraints warrant voiding this requirement.
16The relevant objectives for setback controls, at subclause 3.6.1, include the following:
a) To maintain and enhance the existing streetscape;
b) To provide privacy;
e) To facilitate view sharing;
h) To maintain adequate space between buildings to limit impacts on views and vistas from private and public spaces;
17Subclause 3.6.4 of DCP 2007 states that side setbacks are to provide sufficient access to the side of properties to allow for property maintenance, planting of vegetation and sufficient separation from neighbouring properties. In all residential sub-zones, the setback between any part of a building and the side boundary must not be less than 1/3 the height of the adjacent external wall of the proposed building.
18Subclause 3.6.9 of DCP 2007 states that the setback from the foreshore shall be a minimum of 15m from the mean high water mark. Gazebos, pergolas, barbeques, aviaries, cubby houses and the like make be permitted within the foreshore setback, provided they are designed to complement the natural or established landscape character.
19The relevant objectives for the open space controls, at subclause 3.7.1, are:
a) To provide open space for the recreational needs of the occupier and provide privacy and shade;
b) To retain important landscape features and vegetation;
c) To encourage appropriate tree planting and maintenance of existing vegetation;
d) To enhance the amenity of the site, streetscape and surrounding area;
e) To retain and augment remnant populations of endemic native flora and fauna;
j) To maximise soft landscaped areas;
20Subclause 3.7.3(a) of DCP 2007 requires developments to maximise the retention and protection of vegetation including trees.
21The relevant objectives for swimming pools and spas, at subclause 3.8.2 of DCP 2007, are:
a) Swimming pools and spas shall be built on or in the ground and not elevated more than 1m above natural ground level;
b) This height may be varied if it can be demonstrated the pool and its curtilage would not detract from the amenity or character of the neighbourhood;
f) On properties adjacent to the foreshore, in-ground swimming pools and spas may be located within the 15m setback provided no part of the pool structure projects more than 1m above existing ground level;
22Clause 5.3 of DCP 2007 provides specific aims, objectives and controls for Gurney Crescent and Clavering Road, Seaforth. The general aims and objectives for this precinct, at subclause 5.3.1, are:
a) To identify areas on each site where development is preferred in order to provide both site specific and cumulative ecological, visual and water quality benefits;
b) To identify the characteristics of the subject land that require protection and to develop standards that encourage that protection: and
c) To protect the amenity of the subject land and its locality for existing and future residents.
23The specific aims and objectives for this precinct, at subclause 5.3.2, include:
a) To encourage residential design that responds to each site and its surrounds;
b) To encourage preservation of the ecological values of each site and its surrounds;
d) To encourage maintenance of the visual character of the locality; and
e) To implement the findings of the study entitled Development Analysis of E and F Precincts in Abandoned Warringah Transport Corridor (ERM 2000).
24At subclause 5.3.5 of DCP 2007, trees identified as 'major trees - retained' on plans Gurney Cres 1 and Gurney Crescent 2 (Figures 22 and 23 of DCP 2007) shall be retained and only removed with the approval of Council, following consideration of an ecological assessment, a visual assessment, an aborist's report and identification of mitigation measures aimed at achieving the objectives and findings of the ERM 2000 study. The Angophora tree, referred to as T14, is identified by Figure 23 as part of the tree stand to be retained and is located outside the buildable area for the site.