Sample report — illustrative only

This is a real Application-Grade — Multi-Dwelling our engine generated for a demo property (Sample application-grade multi-dwelling — NSW (identifiers redacted)). Your report will be specific to your address, zone and proposal.

NSW · Sample Application-Grade — Multi-Dwelling

Application-Grade SEE — Multi-Dwelling (NSW)

Demo property: Sample application-grade multi-dwelling — NSW (identifiers redacted)

Statement of Environmental Effects

the subject site Proposed Residential Flat Building — 8 Apartments across 3 Storeys

Prepared by: Perry Town Planning NSW Date: June 2025 Status: DRAFT FOR PLANNER REVIEW — assumptions flagged throughout; verify all tagged items before lodgement

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> Notice to the reviewing planner: No proposal description was supplied by the client. All factual matters below — lot dimensions, zone, height limit, FSR, setbacks, apartment mix, achieved GFA, car parking numbers, and heritage status — are reasonable assumptions based on the locality, Central Coast Council's instruments, and the ADG framework. Every assumption is tagged [Assumption — verify against survey / DCP / LEP]. Do not lodge this document without replacing all assumptions with verified data from the survey plan, architectural drawings, BASIX certificate, and Section 10.7 certificate. Fabricated numerical compliance is not inserted; plausible non-compliances are addressed under Clause 4.6 or the DCP variation framework.

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1. Introduction

This Statement of Environmental Effects (SEE) has been prepared by Perry Town Planning NSW on behalf of the applicant in support of a Development Application (DA) for the construction of a Residential Flat Building (RFB) comprising eight (8) apartments over three (3) storeys at the subject site (the Site) [Assumption — verify apartment number, storey count and configuration against architectural drawings].

The SEE accompanies the DA package, which includes:

  • Architectural drawings prepared by [Architect name] [Assumption — insert architect details];
  • BASIX Certificate No. [insert] [Assumption — verify BASIX certificate number and targets];
  • Design Verification Statement prepared by [Registered Architect] [Assumption — confirm DVS supplier; mandatory under cl 28 of the Housing SEPP];
  • Geotechnical Report prepared by [Consultant name] [Assumption — required given coastal proximity; verify whether geotechnical investigations have been undertaken];
  • Drainage and Stormwater Management Report prepared by [Consultant name] [Assumption — verify];
  • Shadow Diagrams and Solar Analysis at 21 June 9am / 12pm / 3pm; and
  • Landscape Plan prepared by [Landscape Architect] [Assumption — verify].
This SEE has been prepared in accordance with clause 2.1 of the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) and addresses the matters set out in section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act) that are relevant to the proposal.

1.1 The Site

The Site is legally described as (lot/plan reference redacted) [Assumption — verify from title search]. The Site has a frontage of approximately 18 m to the subject site and a total area to be confirmed [Assumption — verify against survey plan; lot area materially affects FSR, deep soil, and communal open space compliance calculations].

the subject site is a quiet residential street in Wamberal, a coastal suburb within the Central Coast Council Local Government Area (LGA). The immediate locality is characterised by a transition from low-density single dwellings on larger lots toward medium-density residential development in proximity to the Wamberal and Terrigal activity centres [Assumption — based on locality knowledge; verify with site visit and context analysis].

The Site is presently occupied by a single dwelling house, which will be demolished as part of the proposal [Assumption — verify existing use and demolition scope].

1.2 Design Verification Statement

A Design Verification Statement (DVS) prepared by a registered architect in accordance with clause 28 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) is included with the DA package [Assumption — if the DVS has not yet been prepared, it must be obtained before lodgement; without it the DA cannot be approved for an RFB]. The DVS confirms that the design has been developed in accordance with the objectives of the Apartment Design Guide (ADG) and that, in the opinion of the architect, the design achieves the ADG design criteria.

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2. The Proposal

2.1 Description of the Proposed Development

The proposal involves the demolition of the existing single dwelling and construction of a three (3) storey Residential Flat Building comprising eight (8) apartments with the following mix [Assumption — verify against architectural drawings]:

Apartment TypeNumberInternal Area (min)Status
1 Bedroom250 m²[Assumption — verify]
2 Bedroom470 m²[Assumption — verify]
3 Bedroom290 m²[Assumption — verify]
Total8——

Associated development includes:

  • Eight (8) car parking spaces at basement level, accessed via a single driveway from the subject site [Assumption — verify parking numbers against DCP rates and drawing layout; basement access from the primary street may require DCP variation — see §5.5];
  • Eight (8) class 2 bicycle spaces and end-of-trip facilities;
  • Communal open space on the ground level at the rear of the site [Assumption — verify area and location];
  • Deep-soil landscaping at the rear and side setbacks;
  • Roof terrace accessible to residents [Assumption — verify whether roof terrace is proposed];
  • Four (4) visitor car spaces [Assumption — verify against DCP rates]; and
  • Waste storage room at basement level with clear access for Council collection vehicles.

2.2 Built Form Summary

ParameterControlProposedOutcome
Height of buildings9 m [Assumption — cl 4.3 of CCLEP 2022; verify]Approx. 9.5 m [Assumption — verify RL from plans]Potential variation — see §5.6
Floor Space Ratio0.6:1 [Assumption — cl 4.4 of CCLEP 2022; verify]0.65:1 [Assumption — verify GFA]Potential variation — see §5.6
Site coverage60% [Assumption — CCDCP 2022; verify]55% [Assumption — verify]Compliant [Assumption]
Front setback6 m [Assumption — DCP; verify]6 m [Assumption — verify]Compliant [Assumption]
Rear setback8 m [Assumption — DCP; verify]9 m [Assumption — verify]Compliant [Assumption]
Side setback (north)1.5 m min [Assumption — ADG + DCP; verify]2 m [Assumption — verify]Compliant [Assumption]
Side setback (south)1.5 m min [Assumption — ADG + DCP; verify]2 m [Assumption — verify]Compliant [Assumption]
Communal open space25% of site = 175 m² [Assumption — ADG 3D; verify site area]180 m² [Assumption — verify]Compliant [Assumption]
Deep soil zone7% of site = 49 m² [Assumption — ADG 3E; verify]52 m² [Assumption — verify]Compliant [Assumption]

> Planner note: The height and FSR figures above represent likely outcomes for an 8-apartment, 3-storey building on a lot of this size in the R3 zone and have been framed as potential variations. If the verified design is compliant, remove §5.6 (Clause 4.6 variation). If the variation exceeds 25%, a mandatory Local Planning Panel referral will be required.

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3. Site and Locality Description

3.1 The Site

The Site is located at the southern end of the subject site, Wamberal, approximately [X] km from the Terrigal town centre and [X] km from Wamberal Beach [Assumption — verify distances]. The Site is a regular, rectangular allotment [Assumption — verify from survey plan] with a gentle fall from the street to the rear boundary [Assumption — verify existing levels from survey; topographic characteristics may inform a Clause 4.6 site characteristics argument if height is exceeded].

The Site is not identified as bushfire prone land [Assumption — verify on Central Coast Council Spatial Viewer]; however, given the proximity to the coast, the Site may be subject to coastal hazard risk under the State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP). A Coastal Risk Assessment should be obtained if the Site falls within a coastal vulnerability area or coastal wetlands buffer [Assumption — verify on Spatial Viewer before lodgement].

Flooding: The Site is not identified as flood prone [Assumption — verify on Council's flood mapping; Central Coast has extensive flood mapping following the 2021 and 2022 floods]. If flood affectation is confirmed, the SEE will require supplementation with a Flood Risk Assessment and the development must comply with the Central Coast Flood Risk Management Policy [Assumption — to be resolved pre-lodgement].

Contamination: Given the existing use as a single dwelling, contamination is unlikely but should be confirmed via a Phase 1 Preliminary Site Investigation [Assumption — verify; proximity to former service stations or industrial uses in the wider Wamberal locality should be checked against the Council's contaminated lands register].

3.2 Locality Character

Wamberal is a predominantly low-density residential suburb, with medium-density development occurring along primary road corridors and in proximity to activity centres. The streetscape of the subject site is characterised by single and double-storey dwellings on standard residential lots [Assumption — verify with site visit and photographic survey].

The proposal represents an intensification of the Site from single-dwelling to multi-dwelling residential use, consistent with the R3 Medium Density Residential zone [Assumption — verify zone from CCLEP 2022 Land Use Table and zoning map]. The proposal will be among the first multi-storey residential flat buildings in this immediate block, and this is addressed in the scale and streetscape analysis below.

3.3 Heritage

The Site is not identified as a heritage item under Schedule 5 of the Central Coast Local Environmental Plan 2022 (CCLEP 2022) [Assumption — verify against Schedule 5 of CCLEP 2022]. The Site is not located within a Heritage Conservation Area [Assumption — verify on the CCLEP heritage mapping]. There are no items listed on the State Heritage Register within the immediate vicinity [Assumption — verify on the NSW Heritage database].

The nearest heritage item is [Item name, address] located approximately [X] m from the Site [Assumption — identify and verify from LEP heritage mapping].

On the basis of the above, no heritage impact assessment is required for this proposal [Assumption — conditional on confirmation of heritage status above].

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4. Planning Framework

4.1 Environmental Planning Instruments

The following environmental planning instruments (EPIs) apply to the Site and proposal:

4.1.1 Central Coast Local Environmental Plan 2022

The Central Coast Local Environmental Plan 2022 (CCLEP 2022) is the primary LEP applicable to the Site. The following key provisions apply:

Zone: R3 Medium Density Residential [Assumption — verify from CCLEP 2022 zoning map]

Permissible uses: Residential flat buildings are permitted with consent in the R3 Medium Density Residential zone under the CCLEP 2022 Land Use Table [Assumption — verify; if the zone is R2 Low Density Residential, a Residential Flat Building would not be permissible and the entire proposal strategy would need revision. This is a critical pre-lodgement check].

Zone objectives (R3) [Assumption — verify and quote verbatim from CCLEP 2022 cl 2.3]:

The objectives of the R3 Medium Density Residential zone are to:

  • provide for the housing needs of the community within a medium density residential environment;
  • provide a variety of housing types within a medium density residential environment;
  • enable other land uses that provide facilities or services to meet the day to day needs of residents; and
  • to encourage the co-location of medium density residential with transportation links and activity centres [Assumption — verify exact wording from CCLEP 2022].
Clause 4.3 — Height of buildings: The maximum building height on the Site is 9 m [Assumption — verify from CCLEP 2022 Height of Buildings Map for the Site]. The proposal achieves approximately 9.5 m [Assumption — verify from architectural drawings and RL data]. This represents a departure of approximately 0.5 m (approximately 5.5%) from the development standard. The variation is addressed in §5.6 under Clause 4.6 of the CCLEP 2022.

Clause 4.4 — Floor Space Ratio: The maximum FSR on the Site is 0.6:1 [Assumption — verify from CCLEP 2022 FSR Map]. The proposal achieves an FSR of approximately 0.65:1 [Assumption — verify GFA calculation against surveyed lot area]. This represents a departure of approximately 0.05:1 (approximately 8.3%). The variation is addressed in §5.6.

Clause 5.10 — Heritage conservation: The heritage clause is not engaged as the Site is not a heritage item and is not within an HCA [Assumption — subject to confirmation above].

Clause 6.2 — Earthworks: Earthworks are proposed for the basement car park. The application demonstrates that earthworks will not adversely affect the drainage, stability, or heritage significance of the Site or adjoining properties, consistent with cl 6.2 of the CCLEP 2022 [Assumption — verify whether cl 6.2 applies under CCLEP 2022; Central Coast has specific earthworks controls].

4.1.2 State Environmental Planning Policy (Housing) 2021

The State Environmental Planning Policy (Housing) 2021 (Housing SEPP) is the key state planning policy applicable to the proposal.

Chapter 4 — Residential accommodation in zones: Chapter 4 of the Housing SEPP applies to residential flat buildings. Clause 28 of the Housing SEPP requires that a Design Verification Statement be lodged with the DA. As noted in §1.2, the DVS accompanies this application.

Schedule 9 — Apartment Design Guide: The Apartment Design Guide (ADG) constitutes Schedule 9 of the Housing SEPP. All 29 ADG criteria are addressed in §5.4 below. The ADG operates on an objectives-based framework: the design criteria provide numerical guidance, but compliance is assessed against the qualitative objectives. Where the design criteria are not met, the SEE demonstrates that the design objectives are nonetheless achieved.

Chapter 3 — Infrastructure contributions: The proposal may attract Central Coast Council infrastructure contributions under a Section 7.11 contributions plan [Assumption — verify applicable contributions plan and contribution amount with Council].

Resilience and Hazards SEPP: The State Environmental Planning Policy (Resilience and Hazards) 2021 applies if the Site is affected by coastal hazards, contamination, or acid sulfate soils. On the assumption that the Site is not so identified (see §3.1), this SEPP does not require detailed assessment. This assumption must be verified before lodgement.

4.1.3 State Environmental Planning Policy (Transport and Infrastructure) 2021

The Transport and Infrastructure SEPP applies to the extent that development generates traffic and requires car parking that relates to the State Road network [Assumption — the subject site is not a classified road; verify on NSW Transport road classification mapping]. If vehicle access is from a classified road, Roads and Maritime Services (now Transport for NSW) concurrence may be required.

4.2 Development Control Plan

Central Coast Development Control Plan 2022 (CCDCP 2022) provides controls for multi-dwelling housing and residential flat buildings within the Central Coast LGA [Assumption — verify applicable DCP chapter for RFBs; CCDCP 2022 Chapter X].

Key DCP provisions addressing:

  • Streetscape and visual bulk [Assumption — verify DCP controls];
  • Articulation and facade modulation;
  • Deep soil zones and landscaping;
  • Car parking rates (typically: 1.0 space per 1-bed, 1.2 spaces per 2-bed, 1.5 spaces per 3-bed, 1 visitor space per 4 apartments) [Assumption — verify against CCDCP 2022 Table X];
  • Waste management;
  • Energy efficiency and BASIX; and
  • Coastal development setbacks if applicable [Assumption — verify whether the CCDCP 2022 contains a coastal development overlay for Wamberal properties].
Where the proposal departs from DCP controls, this is addressed in the relevant sections below. DCPs are guidelines, not standards (Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; applied in numerous NSWLEC decisions). Non-compliance with a DCP is a relevant factor under s 4.15(1)(a)(iii) of the EP&A Act but is not determinative and does not attract the Clause 4.6 mechanism.

4.3 Section 7.11 Contributions

The proposal is subject to Central Coast Contributions Plan [insert plan name] [Assumption — verify applicable contributions plan]. The contribution is calculated at the rate applicable to new residential dwellings, applied to the number of additional dwellings created (seven (7) net additional dwellings, being eight (8) proposed less one (1) existing) [Assumption — verify calculation methodology with Council].

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5. Assessment Against Section 4.15 Considerations

Section 4.15 of the EP&A Act sets out the matters to which a consent authority must have regard in determining a DA. These are addressed in turn below.

5.1 Provisions of any Environmental Planning Instrument

5.1.1 Permissibility

The proposed development is a Residential Flat Building, being a building containing three or more dwellings. Residential flat buildings are a permitted use in the R3 Medium Density Residential zone under the CCLEP 2022 [Assumption — verify permissibility as noted in §4.1.1 above; this is a binary test and must be confirmed before any further assessment]. The proposal is therefore capable of consent under section 4.16 of the EP&A Act.

5.1.2 Zone Objectives

The proposal is consistent with the zone objectives as follows:

  • Housing needs within a medium density residential environment: The proposal delivers eight (8) residential apartments of varied size and configuration, directly responding to housing demand in the Central Coast region.
  • Variety of housing types: The mix of 1, 2, and 3-bedroom apartments provides a spread of dwelling types suited to different household configurations, from singles and couples to families.
  • Day-to-day facilities: The proposed residential use is consistent with the established residential character and does not preclude the provision of neighbourhood-scale services.
  • Co-location with transport and activity centres: The Site's proximity to the Terrigal town centre and local bus routes along The Entrance Road corridor supports the principle of locating medium-density residential close to services and transport [Assumption — verify proximity to services and transport; if the Site is poorly connected to public transport, this argument should be moderated].

5.1.3 LEP Clause Compliance

The LEP compliance is summarised in the following table:

LEP ClauseRequirementProposalCompliant?
cl 4.1 — Minimum lot size600 m² [Assumption — verify]To be confirmed [Assumption]Yes [Assumption]
cl 4.3 — Height9 m [Assumption]~9.5 m [Assumption]No — Cl 4.6 variation sought
cl 4.4 — FSR0.6:1 [Assumption]~0.65:1 [Assumption]No — Cl 4.6 variation sought
cl 4.6 — Exceptions to dev. standardsN/A — mechanismAddressed §5.6—
cl 5.10 — HeritageNot engaged [Assumption]N/AN/A
cl 6.2 — EarthworksConditions applyBasement excavation designed to manage drainage and stabilityYes [Assumption]
cl 7.X — Coastal[Verify][Verify][Assumption — verify]

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5.2 Provisions of any Draft Environmental Planning Instrument

At the time of preparation, no relevant draft EPIs are on public exhibition that would materially affect the Site or proposal [Assumption — check the NSW Planning Portal for current draft SEPPs and any draft amendments to the CCLEP 2022 or Central Coast housing strategy instruments before lodgement].

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5.3 Provisions of any Development Control Plan

The Central Coast Development Control Plan 2022 applies to the proposal. Assessment of the key DCP provisions is summarised below.

Streetscape and visual appearance: The proposed building has been articulated on the primary the subject site elevation with varied setbacks, balcony projections, and a contemporary material palette [Assumption — verify from architectural drawings]. The three-storey building presents a scale consistent with the medium-density intent of the R3 zone. The front setback of 6 m [Assumption] maintains the rhythm of the established street setback pattern.

Landscaping and deep soil: A deep-soil landscaping zone of approximately 52 m² [Assumption — verify] is provided at the rear and side setbacks, exceeding the ADG criterion of 49 m² (7% of the site area) [Assumption — verify]. Native and low-water landscaping species are proposed in the landscape plan to reinforce the coastal character of the locality.

Car parking: Eight (8) residential car spaces and four (4) visitor spaces are provided in the basement [Assumption — verify against DCP rates]. This satisfies the DCP parking rate of [X] spaces per dwelling [Assumption — verify DCP Table reference].

Vehicle access: The driveway accesses the basement from the subject site. The ADG criterion 3H encourages vehicle access from a secondary street where possible. the subject site is the only street frontage available to this lot [Assumption — verify]; accordingly, the primary street frontage access is unavoidable. The driveway is less than 6 m wide and clear sightlines are maintained [Assumption — verify from plans].

Waste management: A bulk waste storage room is provided at basement level. The Council garbage truck can access the Site from the subject site [Assumption — verify swept-path analysis for Council's waste collection vehicle].

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5.4 Apartment Design Guide — Full Compliance Assessment

The ADG constitutes Schedule 9 of the Housing SEPP and must be addressed comprehensively for all RFBs. The following compliance matrix and accompanying narrative address all 29 ADG criteria. The ADG is a performance-based document: the numerical design criteria are guides, not standards, and non-compliance with a design criterion is acceptable where the qualitative objective is still met.

Summary Compliance Matrix

ADG CriterionRequirement (Design Criteria)ProposedOutcome
2A Site AnalysisContext analysis of scale, form, materialsProvided in this SEE and in the accompanying Design StatementCompliant
2B OrientationMaximise solar access + cross-ventilationBuilding orientated with long axis facing north [Assumption — verify compass orientation]Compliant [Assumption]
2C Public Domain Interface (Part 2)Entrances, addressability, no blank street wallsPrimary entry legible from the subject site; no blank walls to streetCompliant [Assumption]
3A Site ConfigurationBuilding footprint, separation, pedestrian pathsCompliant with ADG setback separations [Assumption]Compliant [Assumption]
3B OrientationLot orientation efficiencySame as 2B — northern orientation achievedCompliant [Assumption]
3C Public Domain Interface (Part 3)Ground-floor relationship confirmed at site levelGround-floor apartments set back 1.5 m with planting [Assumption]Compliant [Assumption]
3D Communal Open Space≥ 25% of site area (~175 m²)~180 m² at ground rear plus roof terrace [Assumption]Compliant [Assumption]
3E Deep Soil Zones≥ 7% site area, min 3 m dimension~52 m² (7.4% of site), dimension >3 m [Assumption]Compliant [Assumption]
3F Visual Privacy12 m hab-to-hab (≤4 storeys)Separation distances verified — see §5.4.1Compliant [Assumption — verify]
3G Pedestrian Access and EntriesSafe, weather-protected entry from public domainCanopied entry lobby off the subject site [Assumption]Compliant [Assumption]
3H Vehicle AccessSecondary street preferred; driveway < 6 mSingle frontage — primary street only; driveway 5.5 m [Assumption]Variation — see §5.4.2
3J Bicycle and Car ParkingBicycle spaces per RMS guidelines8 class 2 bicycle spaces + EOT [Assumption]Compliant [Assumption]
4A Solar and Daylight Access70% apartments ≥ 2 hrs sun 21 June; ≤ 15% nil sunShadow diagrams to confirm [Assumption]Addressed §5.4.3
4B Natural Ventilation60% apartments cross-ventilated6 of 8 apartments (75%) cross-ventilated [Assumption]Compliant [Assumption]
4C Ceiling HeightsHabitable ≥ 2.7 m; non-habitable ≥ 2.4 m2.7 m habitable throughout; 2.4 m bathrooms [Assumption]Compliant [Assumption]
4D Apartment Size and LayoutStudio 35 m²; 1-bed 50 m²; 2-bed 70 m²; 3-bed 90 m²See §5.4.4Addressed §5.4.4
4E Private Open Space and Balconies1-bed 8 m² / 2 m depth; 2-bed 10 m²; 3-bed 12 m² / 2.4 mSee §5.4.5Addressed §5.4.5
4F Common CirculationMax 8 apts per lift core per floor; corridors with natural light4 apartments per floor per core [Assumption]; no double-loaded corridors >12 mCompliant [Assumption]
4G Storage1-bed 6 m³; 2-bed 8 m³; 3-bed 10 m³; 50% within aptInternal storage plus cage at basement [Assumption — verify volumes]Compliant [Assumption]
4H Acoustic PrivacyBCA Vol 1 + AS/NZS 2107 party wall / floor / ceilingConcrete slab construction; party walls to achieve required Rw ratings [Assumption]Compliant [Assumption]
4J Noise and PollutionMechanical plant noise; road noise (AS 2107)the subject site is low-traffic; plant at roof level screened [Assumption]Compliant [Assumption]
4K Apartment MixVariety targeting local housing demand25% 1-bed, 50% 2-bed, 25% 3-bed [Assumption]Compliant [Assumption]
4L Ground Floor ApartmentsPrivacy, surveillance, accessibility; 1.5 m planted setbackGround-floor apartments at Levels 1 and 2 only [Assumption — verify]Compliant [Assumption]
4M FacadesArticulation, materiality, modulationThree-material palette; balcony projections modulate facade [Assumption]Compliant [Assumption]
4N Roof DesignContributes to streetscape; plant screenedRoof terrace with parapet; mechanical plant concealed [Assumption]Compliant [Assumption]
4O Landscape DesignDeep-soil planting, accessible COSNative species planting strategy [Assumption — verify landscape plan]Compliant [Assumption]
4P Planting on StructureSoil depth, irrigation if raised plantersStructural planters at roof terrace — minimum 600 mm soil depth [Assumption]Compliant [Assumption]
4Q Universal Design10–20% of apartments to LHA Silver1 apartment (12.5%) designed to LHA Silver Level [Assumption — verify]Compliant [Assumption]
4R Energy EfficiencyBASIX targets; NatHERS per apartmentBASIX certificate issued; NatHERS ratings ≥ 6 stars [Assumption — insert BASIX certificate no.]Compliant [Assumption]
4S Water ManagementBASIX water targets; stormwater qualityBASIX water certificate; on-site detention designed [Assumption]Compliant [Assumption]
4T Waste ManagementBin storage per apartment; bulk bin store; truck accessWaste room at basement; bin pull-out path to street [Assumption]Compliant [Assumption]
4U Building MaintenanceBMU / cradle access to facadesWindow-cleaning strategy via roof-mounted davit points [Assumption]Compliant [Assumption]

5.4.1 Visual Privacy (ADG 3F)

ADG criterion 3F requires minimum separation distances between windows and balconies of habitable rooms. For a 3-storey building (up to 4 storeys), the relevant distances are:

  • Habitable to habitable: 12 m
  • Habitable to non-habitable: 9 m
  • Non-habitable to non-habitable: 6 m
The Site is approximately 18 m wide [Assumption]. Side setbacks of 2 m are maintained on both the northern and southern boundaries [Assumption]. The nearest habitable room window of the adjacent property is located approximately 6 m from the shared boundary [Assumption], giving a building-to-building separation of approximately 10 m [Assumption]. This does not achieve the full 12 m habitable-to-habitable separation criterion.

Variation argument — objective still met: The AD

Sources & legislation

Every claim in this report is grounded in the following authoritative documents. Click any link to read the in-force version directly.

  • EP&A Act 1979 &mdash; Environmental Planning and Assessment Act 1979 (NSW) — Primary statute governing NSW development consent (DA, CDC, Exempt Development).
  • EP&A Regulation 2021 &mdash; Environmental Planning and Assessment Regulation 2021 (NSW) — Regulation under the EP&A Act — DA fees, application requirements, designated and integrated development.
  • Codes SEPP 2008 &mdash; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — Defines the Housing Code, LRHDC, Industrial & Business Code, Subdivision Code and Exempt Development codes — the CDC fast-track pathways.
  • Housing SEPP 2021 &mdash; State Environmental Planning Policy (Housing) 2021 — Apartment Design Guide (Ch 4 + Schedule 9), Stage 1 LMR cl 166 (Ch 6), Stage 2 LMR (Ch 3), affordable housing bonus, secondary dwelling rules.
  • SoE Order 2024 &mdash; Statement of Expectations Order 2024 — Caps average DA determination at 115 days from 1 July 2024, dropping to 85 days by 1 July 2027.
  • NSW Planning Portal &mdash; NSW Planning Portal Spatial Viewer — Free property planning report tool — the source document we parse for our analysis.
  • Council LEP &mdash; Local Environmental Plan (council-specific) — Land Use Table, FSR, height of buildings, minimum lot size, heritage and other local controls.

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