Description | Reasons for Decision |
Note | Reasons For Refusal: 1. Pursuant to Section 4.55(2)(a) of the Environmental Planning and Assessment Act 1979, development to which the consent as modified relates is not substantially the same development as the development for which consent was originally granted. 2. Pursuant to clause 50(1)(c) of Environmental Planning and Assessment Regulation 2000, the application has not been accompanied by the minimum documentation specified within Schedule 1 of the Regulations. 3. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the development is inconsistent with the following provisions of Ryde Development Control Plan 2014, • Part 3.3 Dwelling Houses and Dual Occupancy (attached), specifically: o Section 1.6, as a site analysis plan has not been submitted. o Section 2.1, as the proposal is not consistent with the desired future character of the area and has not demonstrated an appropriate design response to the site analysis. o Section 2.5.1, as the proposal does not minimise hardstand area within the front setback and does not provide a landscape layout that complements streetscape character. o Section 2.5.3, as the proposed front boundary fence is not splayed to retain sight lines and poses safety concerns. o Section 2.6.1, as the proposal does not provide adequate deep soil space within the site and is incongruous with the streetscape. o Section 2.8.2, as the proposal does not provide complaint ceiling heights within habitable areas, which impacts on dwelling amenity. o Section 2.9.2, as the proposal modifications include noncompliant side setbacks for the proposed first floor additions which contribute negatively to the bulk and scale of the development and impact on neighbours. o Section 2.11.1, as driveway widths are not minimised and contribute to excessive hardstand areas within the front setback. o Section 2.13, as the proposed modifications result in excessive hardstand areas within the front setback area, and canopy tree planting is not proposed to ensure a landscape setting is provided consistent with the low density residential areas. o Section 2.14.1, as solar access plans have not been submitted, and the noncompliant and unauthorised additions will worsen solar access within adjoining sites. o Section 2.14.2, as the placement and design of amended windows will adversely affect the visual privacy of adjoining allotments. o Section 2.15.2, as the mixed roof forms and materials are inconsistent with the architectural character of the dwelling and the streetscape. The attic is also not contained within the roof space and negatively contributes to the bulk and scale of the building. • Part 8.3 Driveways, specifically: o Section S2.2, as the vehicular crossing has been increased to a noncompliant width and contributes unnecessarily to hard paved areas within the front setback. 4. Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the natural and built environment impacts of the development, relating to the bulk, scale and form of the modifications on the site have not been properly established. 5. Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is unsuitable for the proposed development. 6. Having regard to the reasons noted above, pursuant to the provisions of Section 4.15(1)(d) and Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development application is not in the public interest. |