Statement of Environmental Effects

the subject site

Development Application — Attached Dual Occupancy Prepared by Town Planning Online Pty Ltd (Perry Town Planning) [Date — insert prior to lodgement]

> Important notice to customer / reviewing planner: No proposal description was supplied for this instruction. This SEE has been drafted using reasonable assumptions for a typical attached dual occupancy on a standard R2 Low Density Residential lot in Wamberal, Central Coast LGA. Every assumption is tagged [Assumption — verify]. You must review each tagged item against your survey, endorsed plans, BASIX certificate, title search, and the Central Coast LEP 2022 / DCP 2022 before lodging this document. Do not lodge without planner review and correction of all tagged assumptions.

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1. Introduction

This Statement of Environmental Effects (SEE) supports a Development Application (DA) lodged with Central Coast Council for the construction of an attached dual occupancy at the subject site ([Assumption — verify] (lot/plan reference redacted) — confirm lot and DP number from title search).

The applicant is [Applicant name — insert from DA form].

The proposed development comprises the erection of two attached dwellings on one lot, each with associated parking, private open space (POS), landscaping, and stormwater management, following demolition of the existing dwelling on the site [Assumption — verify: existing dwelling may be retained / partially retained — confirm from plans].

This SEE has been prepared under Part 4 of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) and addresses each matter for consideration under section 4.15 of that Act. It should be read in conjunction with the architectural plans, BASIX Certificate, stormwater management plan, and all other documents forming part of the DA.

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2. Site Description

2.1 Lot characteristics

The subject site is located within the suburb of Wamberal on the NSW Central Coast, approximately [Assumption — verify] 600 m west of Wamberal Beach and Wamberal Lagoon.

[Assumption — verify against survey and title search] The lot is assumed to have the following characteristics:

> [Assumption — verify] All lot dimensions must be confirmed against a registered survey. FSR, site coverage, setback compliance, and POS calculations below are all dependent on confirmed lot area.

2.2 Existing improvements

The site is assumed to contain an existing single-storey dwelling of brick veneer construction with a pitched terracotta tile roof, a detached garage, and informal rear yard landscaping [Assumption — verify]. The existing dwelling is proposed to be demolished in its entirety to facilitate the dual occupancy [Assumption — verify: demolition scope from plans].

There are [Assumption — verify] no significant trees on the site subject to removal consented under the Central Coast DCP 2022 tree preservation provisions; any tree removal should be confirmed from the arborist report and/or tree assessment submitted with the DA.

2.3 Surrounding development and streetscape

Wamberal is an established low-density coastal residential suburb. the subject site is characterised by single and two-storey detached dwellings, the predominant majority of brick veneer or rendered masonry construction with pitched tile or Colorbond roofs, generally one to two storeys in height. [Assumption — verify]

The adjoining and surrounding lots are as follows [Assumption — verify against aerial imagery, site inspection, and survey]:

• North (front): the subject site road reserve and residential dwellings opposite
• East (side): Single-storey detached dwelling on a comparable residential lot
• West (side): Single-storey detached dwelling on a comparable residential lot
• South (rear): Detached residential dwelling

2.4 Site constraints

The following potential constraints have been identified and are addressed in this SEE:

• Coastal proximity: The site is located within the Central Coast coastal zone and may be subject to the coastal hazard overlay under the State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience & Hazards SEPP). [Assumption — verify against Central Coast Coastal Management Program, Council flood mapping, and the NSW Coastal Hazards Viewer]
• Flood: [Assumption — verify] The site is assumed not to be within a mapped flood planning area. Confirm against Central Coast Council's flood mapping and the Resilience & Hazards SEPP Chapter 4.
• Bushfire: The site is assumed not to be bushfire-prone land. [Assumption — verify against NSW Rural Fire Service mapping]
• Heritage: The site is assumed not to be a listed heritage item or located within a Heritage Conservation Area under Central Coast LEP 2022 Schedule 5. [Assumption — verify]
• Easements / title restrictions: [Assumption — verify] Confirm from title search and deposited plan whether any easements, restrictions, or covenants under section 88B of the Conveyancing Act 1919 affect the site.
• Acid Sulfate Soils (ASS): Given the coastal proximity and low-lying characteristics of the broader Wamberal area, the site may be within an ASS Class 3 or 4 area. [Assumption — verify against ASS mapping in Central Coast LEP 2022 and/or Resilience & Hazards SEPP Chapter 7]

3. The Proposal

3.1 Overview

The proposed development is an attached dual occupancy, comprising two dwellings sharing a common boundary wall (party wall), erected on a single lot. The proposal involves the demolition of the existing dwelling and construction of both dwellings as a single building act [Assumption — verify].

> [Assumption — verify] The following description is based on a typical attached dual occupancy for a lot of this size with 15.2 m frontage in the R2 Low Density Residential zone in the Central Coast LGA. All figures must be replaced with those from the endorsed architectural plans before lodgement.

3.2 Dwelling schedule

3.3 Building metrics

3.4 Setbacks

3.5 Materials and finishes

The proposal uses a contemporary coastal residential palette: rendered and painted masonry walls, fibre cement cladding features, Colorbond steel roof (Surfmist or equivalent), aluminium-framed double-glazed windows, and hardwood or composite timber decking to POS areas [Assumption — verify against materials schedule on plans]. The palette responds to the established character of the Wamberal streetscape.

3.6 Parking

Each dwelling is served by a single lock-up garage plus one tandem hardstand space in the driveway, providing two off-street spaces per dwelling (four total) [Assumption — verify]. A single shared driveway crossover is proposed at a width of approximately 5.4 m [Assumption — verify against DCP driveway requirements].

3.7 Stormwater and waste

Stormwater is managed by a detention and absorption system detailed in the hydraulic engineering plan forming part of this DA [Assumption — confirm hydraulic engineer report included]. Waste bin storage is provided within each garage with bin presentation to the subject site on collection day.

3.8 Sustainability

A BASIX Certificate [Certificate No. — insert] has been obtained for each dwelling, demonstrating compliance with the thermal comfort, water, and energy targets applicable under the State Environmental Planning Policy (Sustainable Buildings) 2022 [Assumption — confirm BASIX certificates attached]. A NatHERS rating of [X.X stars — insert if known, otherwise omit] has been achieved.

3.9 Landscaping

A landscaping plan is provided with this DA [Assumption — confirm]. Deep soil provision across the combined lot is approximately [Assumption — verify] 110 m², representing approximately 18% of the lot area, distributed in side and rear yards. Two new canopy trees are proposed in the rear yard, species to be confirmed by the landscape architect consistent with Council's preferred species list [Assumption — verify].

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4. Planning Controls Applying

4.1 Land use zoning and permissibility

The site is zoned R2 Low Density Residential under the Central Coast Local Environmental Plan 2022 (CCLEP 2022) [Assumption — verify against the NSW Planning Portal LEP map].

The land use table for the R2 zone in CCLEP 2022 lists dual occupancy as a use permitted with consent [Assumption — verify the R2 land use table in CCLEP 2022; dual occupancy permissibility should be confirmed as the CCLEP 2022 R2 zone land use table has been subject to change and Housing SEPP interaction]. Accordingly, the proposed development is not prohibited and may be assessed on its merits under Part 4 of the EP&A Act.

4.2 Development standards in the CCLEP 2022

The following development standards are the primary numerical controls applying to the site [Assumption — verify all figures against CCLEP 2022 as gazetted]:

> [Assumption — verify] FSR may be a non-compliance. The assumed GFA of 370 m² yields an FSR of approximately 0.60:1 against a 0.5:1 standard. This is addressed under the Clause 4.6 framework in §5.1 below. If revised plans reduce GFA to comply, the Clause 4.6 section can be deleted.

4.3 Other applicable LEP clauses

4.4 Applicable SEPPs

The following State Environmental Planning Policies are identified as having potential heads of consideration for this development:

4.5 Central Coast DCP 2022

The Central Coast Development Control Plan 2022 (CCDCP 2022) applies to all development in the Central Coast LGA. The following chapters / parts are engaged by this proposal [Assumption — verify chapter references against current CCDCP 2022 as adopted]:

• Chapter 2 — Residential Development (or equivalent) — setbacks, building envelope, site coverage, articulation, POS, car parking, landscaping, deep soil
• Chapter 3 (or equivalent) — Dual Occupancy — specific controls for attached and detached dual occupancies
• Chapter 5 (or equivalent) — Coastal Development — coastal hazard, design response
• Chapter 6 (or equivalent) — Environmental Considerations — stormwater, waste

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5. Assessment

5.1 Compliance with the CCLEP 2022

LEP Compliance Table

Height of buildings — cl 4.3 CCLEP 2022

Clause 4.3 of the CCLEP 2022 imposes a maximum height of buildings standard of 8.5 m [Assumption — verify]. The proposal achieves a maximum ridge height of approximately 8.2 m [Assumption — verify], complying with the standard. No variation is required.

Floor space ratio — cl 4.4 CCLEP 2022 — Clause 4.6 Variation

> [Assumption — verify] The following Clause 4.6 analysis is included on the basis that the proposed GFA of approximately 370 m² yields an FSR of approximately 0.60:1 against the 0.5:1 LEP standard — a variation of 20% (0.10:1). If the plans are revised to achieve a complying FSR of 0.5:1 (i.e., GFA does not exceed 310 m²), this section can be removed. A planner must confirm whether a Clause 4.6 request is required before lodgement.

##### Preliminary — is a formal Clause 4.6 request required?

Under cl 4.6 of the CCLEP 2022 and the Wehbe v Pittwater Council [2007] NSWLEC 827 and Initial Action Pty Ltd v Woollahra MC [2018] NSWLEC 118 framework, a formal written request to vary the FSR development standard is required because the proposed FSR of approximately 0.60:1 does not comply with the 0.5:1 standard in cl 4.4.

A formal Clause 4.6 request is submitted as a separate document accompanying this DA [Assumption — confirm the Cl 4.6 variation request document is included with the DA]. The following sets out the three tests the variation must satisfy.

##### Test 1 — Is compliance unreasonable or unnecessary? (cl 4.6(3)(a) — Wehbe ground 1)

Compliance with the standard of 0.5:1 FSR is unreasonable or unnecessary in the circumstances of this case for the following reasons:

(a) The objectives of the standard are achieved notwithstanding non-compliance: The FSR standard in cl 4.4 of the CCLEP 2022 is directed to limiting the bulk and scale of development to preserve residential amenity and neighbourhood character. The proposed dual occupancy, at two storeys with setbacks complying with DCP requirements on all boundaries, does not produce an unreasonable bulk outcome for the streetscape or for adjoining properties. The additional GFA (approximately 60 m² above what the standard permits [verify]) is distributed across both dwellings as habitable floorspace within the building envelope, not as additional height or reduced setbacks. The objectives of the FSR standard — protection of residential amenity and neighbourhood scale — are achieved.

(b) The standard as applied to this lot produces an outcome that is unnecessary: A 0.5:1 FSR on a lot of this size [verify] permits a total GFA of only 310 m². For a dual occupancy with two functional three-bedroom dwellings including internal garages and living areas meeting contemporary habitability standards, 310 m² is structurally insufficient — it produces dwellings of approximately 155 m² each, below the threshold for a viable dual occupancy with internal garage. The lot dimensions and area are the cause of the constraint; the development outcome is not an overdevelopment.

##### Test 2 — Sufficient environmental planning grounds? (cl 4.6(3)(b) — Wehbe ground 2)

There are sufficient environmental planning grounds to justify the variation:

1. Site-specific constraint: The lot area [verify] is at the lower end of the dual-occupancy lot range for this zone. The FSR standard was designed with reference to the full range of lot sizes in the zone; its application to this lot produces an atypical constraint.

1. Design quality: The additional floorspace is fully contained within a building envelope that complies with height and setback requirements. No bulk or scale impact beyond a complying envelope is created.

1. Consistency with SEPP objectives: The proposed dual occupancy provides additional housing diversity and supply consistent with the objectives of the Housing SEPP 2021 and the NSW Government's housing supply targets. A rigid application of the FSR standard that renders viable three-bedroom dual occupancies impractical is inconsistent with those broader housing supply objectives.

1. Comparable approvals: It is understood that Central Coast Council has approved comparable FSR exceedances for dual occupancy developments in the R2 zone where the built form outcome is satisfactory. [Assumption — insert any LEC or council precedent available to the planner; remove if not verified]

The proposed development is in the public interest because:

• It is consistent with the objectives of the R2 Low Density Residential zone, which encourage a range of housing types while maintaining neighbourhood scale;
• The proposal increases housing supply and diversity in an established residential area with access to services and transport, consistent with the strategic intent of the NSW Government's housing policy and the Central Coast Local Strategic Planning Statement [verify LSPS reference];
• The variation does not set a precedent for inappropriate bulk or scale — it is site-specific and responds to the geometry of the lot.

Minimum lot size — cl 4.1 CCLEP 2022

Clause 4.1 of the CCLEP 2022 requires a minimum lot size of 450 m² [Assumption — verify] for a dual occupancy in the R2 zone. The subject lot area [Assumption — verify] exceeds the minimum. The proposal complies.

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5.2 Compliance with the Central Coast DCP 2022

The following table sets out compliance with the key numerical controls under the CCDCP 2022 for residential and dual occupancy development [Assumption — all DCP numerical controls must be verified against the current CCDCP 2022; chapter and clause references are assumed]:

DCP Compliance Table

Landscaped area — DCP variation

> [Assumption — verify] This variation analysis is included on the basis that an assumed landscaped area of approximately 18% falls marginally short of an assumed 20% DCP requirement. If the landscaping plan achieves 20% or greater, this section can be removed.

The proposed development achieves a landscaped area of approximately 18% of the lot against the DCP guideline of 20% [Assumption — verify both figures]. This represents a minor shortfall of 2% (approximately 12 m² [verify]).

DCP controls are guidelines, not statutory standards: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 and Zhang v Canterbury City Council [2001] NSWCA 167 confirm that a council must consider DCP provisions but is not bound to refuse development solely because a numerical guideline is not met, provided the planning objective of the control is still achieved.

The planning objective of the landscaping control is to maintain permeable surfaces and vegetation cover, contributing to the urban tree canopy, stormwater infiltration, and residential amenity. The proposed development achieves this objective in the following ways:

• Deep soil provision of approximately 18% [verify] meets the DCP deep-soil requirement and ensures root zone capacity for new and retained trees;
• Two new canopy trees are proposed in the rear yard, contributing to long-term canopy cover;
• All non-impervious surfaces are treated with permeable or semi-permeable materials;
• The marginal shortfall of approximately 12 m² is attributable to the shared driveway crossover [verify] — an inherent feature of a dual occupancy sharing a single access point, which provides a net amenity benefit by reducing total crossover area compared with two separate access points.

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5.3 Compliance with the Housing SEPP 2021

Chapter 3 — Diverse Housing (Dual Occupancy)

The State Environmental Planning Policy (Housing) 2021 (Housing SEPP), Chapter 3, Part 3 applies to dual occupancy development. Clause 49 of the Housing SEPP provides that a dual occupancy is permitted with consent on land in Zone R2 where the local environmental plan would otherwise permit it, subject to minimum lot size provisions [Assumption — verify applicable Housing SEPP provisions against the most recent version; the Housing SEPP has been amended on multiple occasions since 2021].

The subject lot area satisfies any applicable minimum lot area threshold under the Housing SEPP for a dual occupancy in Zone R2 [Assumption — verify cl 49 and associated minimums in the current Housing SEPP].

Chapter 6 — Stage 1 Low and Mid-Rise (LMR) mapping

[Assumption — verify] At the time of drafting, Wamberal has not been identified as being within the Stage 1 Low and Mid-Rise (LMR) mapped area under Housing SEPP Chapter 6 (cl 166). The LMR mapping applies principally to areas within 400 m of train stations and designated town centres. Wamberal does not have a train station.

However, the customer / reviewing planner should confirm the current LMR mapping through the NSW Planning Portal prior to lodgement. If the site is mapped Stage 1 LMR, the LMR height and FSR standards in cl 166 of the Housing SEPP may override the CCLEP 2022 standard and could resolve the FSR non-compliance identified in §5.1 above.

Low Rise Housing Diversity Code — CDC pathway

The proposed dual occupancy does not appear to be lodged as a Complying Development Certificate (CDC) under the Low Rise Housing Diversity Code in the State Environmental Planning Policy (Codes) 2008. The customer has elected to pursue a DA, which triggers full merit assessment. This SEE accordingly addresses all section 4.15 considerations.

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5.4 Hazards

5.4.1 Coastal Management

The site is located within the Central Coast coastal area, in proximity to Wamberal Beach and Wamberal Lagoon. The State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience & Hazards SEPP), Chapter 2 applies to development within a coastal management area.

[Assumption — verify all of the following]:

• The site may be within the coastal environment area, the coastal use area, or potentially the coastal hazard area as mapped under the Resilience & Hazards SEPP

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 — Environmental Planning and Assessment Act 1979 (NSW) — Primary statute governing NSW development consent (DA, CDC, Exempt Development).
• EP&A Regulation 2021 — Environmental Planning and Assessment Regulation 2021 (NSW) — Regulation under the EP&A Act — DA fees, application requirements, designated and integrated development.
• Codes SEPP 2008 — 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 — 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 — 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 — NSW Planning Portal Spatial Viewer — Free property planning report tool — the source document we parse for our analysis.
• Council LEP — Local Environmental Plan (council-specific) — Land Use Table, FSR, height of buildings, minimum lot size, heritage and other local controls.