Statement of Environmental Effects

the subject site

Prepared by: Town Planning Online Pty Ltd (Perry Town Planning) Date: [Insert date — Assumption — verify before lodgement] DA Reference: [To be inserted on lodgement] Applicant: [Assumption — verify: owner/applicant name not supplied]

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> Drafting note to customer / reviewing planner: No proposal description was supplied with this brief. This SEE has been drafted for a typical new two-storey single dwelling on a standard residential lot in Wamberal, Central Coast Council LGA. Every dimension, area, setback, and contextual fact that has not been drawn from a supplied plan or document is tagged [Assumption — verify against survey / DCP / LEP]. Do not lodge this document until all assumptions have been checked and corrected by a registered planner or the applicant's architect/designer. Fabricated compliance figures are not inserted — where a non-compliance is plausible, the appropriate variation framework is applied.

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1. Introduction

This Statement of Environmental Effects (SEE) supports a Development Application (DA) for the construction of a new two-storey single dwelling house with associated site works, driveway, landscaping, and ancillary structures at the subject site [Assumption — verify: proposal type not supplied; assumed new single dwelling with demolition of existing structure]. The application is made by [Applicant name — Assumption — verify] as owner of the land described as (lot/plan reference redacted) [Assumption — verify Lot/DP against certificate of title].

This SEE is prepared under Part 4 of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) and addresses each of the matters for consideration specified in section 4.15. The DA is to be lodged with Central Coast Council as the consent authority.

The statutory framework governing this application comprises:

• Central Coast Local Environmental Plan 2022 (CC LEP 2022)
• Central Coast Development Control Plan 2022 (CC DCP 2022)
• State Environmental Planning Policy (Housing) 2021 (Housing SEPP)
• State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience & Hazards SEPP)
• State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity SEPP)
• State Environmental Planning Policy (Sustainable Buildings) 2022 (Sustainable Buildings SEPP)

2. Site Description

2.1 Lot dimensions, area, and orientation

The subject site is located within an established low-density residential neighbourhood approximately 800 m north-west of Wamberal Beach and approximately 400 m south of Wamberal Lagoon. [Assumption — verify distances against aerial mapping.]

The lot has an area to be confirmed [Assumption — verify against survey], with a frontage to the subject site of approximately 18 m and a depth of approximately 38 m [Assumption — verify against survey]. The allotment is a regular rectangular shape with a primary street frontage facing north-east [Assumption — verify orientation]. The site falls gently from the street frontage to the rear boundary, with an estimated grade of approximately 1:20 [Assumption — verify against survey / geotechnical].

2.2 Existing improvements and demolition

The site currently contains an existing single-storey dwelling, associated outbuildings, driveway, and established landscaping [Assumption — verify: existing improvements not described by customer]. The existing dwelling and outbuildings are proposed to be demolished as part of this application. A Demolition Waste Management Plan is to be submitted [Assumption — confirm whether demolition is in scope or subject to separate denotification].

2.3 Adjoining development and streetscape character

The surrounding streetscape is characterised by predominantly single-storey and two-storey detached dwelling houses constructed from brick, rendered masonry, and timber weatherboard clad forms, with tiled and Colorbond roofs typical of the Central Coast coastal residential vernacular [Assumption — verify from site inspection]. Lot sizes in the immediate precinct are consistent with the R2 Low Density Residential zone [Assumption — verify zone from Section 10.7 planning certificate].

Adjoining land to each boundary is as follows [Assumption — verify from site inspection and title search]:

• North-east (frontage): the subject site road reserve and footpath
• North-west (side): Single-storey residential dwelling
• South-east (side): Single-storey residential dwelling
• South-west (rear): Residential allotment with established rear garden

2.4 Vegetation

The site contains [approximately X] trees, of which [Y] are proposed for removal and [Z] are to be retained [Assumption — verify arboricultural report details not supplied]. Any tree removal is subject to compliance with cl 5.9 of the CC LEP 2022 and the relevant provisions of CC DCP 2022 Part [XX — verify chapter reference]. A qualified arboricultural assessment is recommended prior to lodgement if removal of significant trees is proposed.

2.5 Title encumbrances

No easements or covenants affecting the building envelope are known to affect the lot [Assumption — verify against 88B instrument attached to deposited plan and current certificate of title]. Any easements for services (drainage, sewer, electricity) must be identified on the survey plan and respected by the proposed building footprint.

2.6 Hazard constraints

The site is located within the Central Coast Council Local Government Area in proximity to the Wamberal Lagoon and the New South Wales coastline. The following constraints are flagged for assessment in Section 5.4:

• Coastal hazard: The site may be affected by coastal inundation or erosion risk given proximity to Wamberal Beach and Wamberal Lagoon [Assumption — verify against NSW Coastal Management SEPP mapping and council's coastal hazard study]. The Resilience & Hazards SEPP 2021 applies.
• Flood risk: Wamberal Lagoon flood modelling may affect parts of the southern Wamberal residential precinct [Assumption — verify against council flood mapping and Section 10.7 certificate].
• Bushfire: The site is not considered to be mapped as bushfire-prone land based on the general character of the residential precinct; however, this should be confirmed against the NSW Rural Fire Service Bushfire Prone Land map [Assumption — verify].
• Acid sulfate soils (ASS): The site's proximity to a lagoon system may place it within an ASS Class 3 or Class 4 overlay [Assumption — verify against CC LEP 2022 Acid Sulfate Soils Map (ASS Map)].

3. The Proposal

3.1 Development description

The proposal involves the demolition of the existing single-storey dwelling and outbuildings, and the construction of a new two-storey single dwelling house including [Assumption — all figures below are assumed for a typical new dwelling on a lot of the subject site's area in Wamberal; verify against architectural plans]:

3.2 Materials and finishes

The proposed dwelling is finished in a combination of rendered masonry to the lower level and fibre cement or Weathertex cladding to the upper level, with a low-pitched metal Colorbond roof [Assumption — verify against plans and schedule of finishes]. The colour palette is drawn from neutral and earth tones consistent with the coastal residential character of the Wamberal streetscape.

3.3 Private open space

A principal private open space area of approximately 90 m² [Assumption] is provided to the rear south-west of the dwelling at ground level, with direct access from the living/dining area. This area has minimum dimensions exceeding 3 m in any direction and achieves adequate winter solar access [Assumption — verify overshadowing analysis].

3.4 Landscaping

A landscaping scheme incorporating deep soil planting and canopy tree replacement is proposed in the front and rear yards [Assumption — detailed landscape plan to be prepared]. Deep soil provision is estimated at approximately 35% of the site area [Assumption — verify against CC DCP 2022 requirements].

3.5 Stormwater

Stormwater from the site is to be managed by an on-site detention system connected to the street drainage network [Assumption — detailed engineering design to accompany the DA]. A separate Stormwater Management Plan is to be provided.

3.6 Waste management

A Waste Management Plan is to accompany the DA, addressing on-site waste bin storage, collection point, and construction and demolition waste recycling targets [Assumption — confirm with council's waste requirements].

3.7 BASIX

A BASIX Certificate [No. XXXXXX — Assumption: certificate number not supplied] has been prepared for the proposal and is to be included with the DA. The certificate confirms the proposal meets the required targets for energy, water, and thermal comfort under the Sustainable Buildings SEPP 2022 [Assumption — verify certificate is current and targets met]. A NatHERS certificate [Assumption — NatHERS rating not supplied; include if available] confirming the thermal performance rating will be included with the application.

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4. Planning Controls Applying

4.1 Zone

The subject site is zoned R2 Low Density Residential under the Central Coast Local Environmental Plan 2022 (CC LEP 2022) [Assumption — verify against Section 10.7 planning certificate and LEP Land Zoning Map].

Under the R2 zone land use table in the CC LEP 2022, a dwelling house is permitted with consent. The proposed development is therefore a permissible use in the zone and a consent authority assessment is required.

The zone objectives relevantly include:

• To provide for the housing needs of the community within a low-density residential environment.
• To enable other land uses that provide facilities or services to meet the day-to-day needs of residents.
• To ensure that development does not unreasonably impact on the amenity of adjoining and nearby residents.

4.2 Development standards — CC LEP 2022

The following development standards under the CC LEP 2022 apply to the subject land [Assumption — verify all figures against CC LEP 2022 and associated maps; standard values are assumed from the LEP as typically applied to R2 residential land at Wamberal]:

4.3 Other applicable LEP clauses

• Clause 5.9 — Preservation of trees or vegetation: Applies if trees identified in the CC LEP 2022 vegetation mapping are proposed for removal. An arboricultural report must accompany the DA if regulated tree removal is proposed.
• Clause 5.10 — Heritage conservation: The site is not listed as an individual heritage item under Schedule 5 of the CC LEP 2022 and does not appear to be within a Heritage Conservation Area [Assumption — verify against Schedule 5 and Heritage Map]. If heritage status is confirmed, Section 5.5 of this SEE is to be expanded.
• Clause 6.1 — Acid sulfate soils: The site may be within an ASS Class 3 or Class 4 area given proximity to Wamberal Lagoon [Assumption — verify against ASS Map]. If triggered, a Preliminary Site Investigation (acid sulfate soils) is required.
• Clause 6.2 / 6.3 — Flood planning [Assumption — clause numbers to be verified against CC LEP 2022]: If the site is within the flood planning level area, minimum floor level standards apply. Confirm against council flood study and LEP flood map.
• Clause 6.4 — Coastal hazard [Assumption — verify clause number]: If mapped within the coastal hazard area, the Resilience & Hazards SEPP 2021 engagement provisions apply.

4.4 Applicable SEPPs

The following State Environmental Planning Policies have a head of consideration for this application:

The Housing SEPP 2021, Chapter 6 (Stage 1 Low and Mid-Rise Housing provisions under cl 166) should be checked against the Stage 1 LMR mapping to confirm whether any concession to the LEP height or FSR standard applies [Assumption — mapping status not confirmed; verify against DPHI LMR mapping viewer].

4.5 CC DCP 2022

The Central Coast Development Control Plan 2022 (CC DCP 2022) applies to the development. The following parts are engaged [Assumption — chapter references are indicative; verify against CC DCP 2022 table of contents]:

• Part B1 — Residential development controls (or equivalent): Setbacks, site coverage, building envelopes, articulation, private open space, landscaping, deep soil, driveway
• Part B2 — Visual privacy and solar access
• Part B3 — Car parking and access
• Part C — Site specific or precinct controls: Coastal precinct provisions, if applicable
• Part D — Stormwater and drainage
• Part E — Waste management

5. Assessment

5.1 Compliance with the CC LEP 2022

The following table assesses the proposal against the numerical development standards in the CC LEP 2022:

Note: On the assumptions made in this SEE, the proposal appears to comply with all numerical development standards under the CC LEP 2022. No Clause 4.6 variation is required on current assumptions. If, on verification of survey and architectural plans, any of the above numerical standards are not met, a formal Clause 4.6 Variation Request applying the Wehbe v Pittwater Council [2007] NSWLEC 827 three-limb test must be prepared before lodgement. The structure for a Clause 4.6 argument is set out below as a template for that event.

Template — Clause 4.6 variation (to be completed if non-compliance is confirmed)

Standard engaged: cl [XX] of the CC LEP 2022 — [Standard name] Required: [X] Proposed: [Y] Extent of variation: [Z %]

Test 1 — Is compliance with the standard unreasonable or unnecessary in the circumstances? (cl 4.6(3)(a))

The objectives of cl [XX] are [quote from LEP]. The proposal achieves those objectives notwithstanding the departure from the numerical standard because [site-specific reason — to be completed on verification]. In particular, [ground (a)/(b)/(c)/(d)/(e) from Wehbe as applicable].

Test 2 — Are there sufficient environmental planning grounds to justify the contravention? (cl 4.6(3)(b))

The environmental planning grounds justifying the variation are: [to be completed on verification]. These grounds are specific to the subject site and are not of a general nature.

Test 3 — Is the development in the public interest and consistent with the objectives of the standard and the zone? (cl 4.6(4)(a)(ii))

The proposed development is in the public interest. It is consistent with the objectives of the standard in that [to be completed]. It is consistent with the objectives for development in the R2 Low Density Residential zone in that it provides for the housing needs of the community without unreasonably impacting on the amenity of adjoining properties.

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5.2 Compliance with the CC DCP 2022

The following table assesses the proposal against the numerical controls in the CC DCP 2022 for residential development [Assumption — all DCP figures are assumed from a typical Central Coast Council residential DCP control set; verify all figures against the adopted CC DCP 2022 before lodgement]:

Note on DCP non-compliance: On the assumed figures above, the proposal appears to comply with all applicable DCP controls. If, on verification of architectural plans against the adopted CC DCP 2022, any numerical departure is identified, the following framework applies.

DCP variation framework — applicable if non-compliance is confirmed

DCP controls are guidelines and not development standards in the statutory sense. Central Coast Council, as consent authority, is not bound to refuse a DA solely because a DCP numerical figure is not precisely met, provided that the planning objective of the relevant control is still achieved: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472; Zhang v Canterbury City Council [2001] NSWCA 167.

For any DCP departure, this SEE will:

1. Identify the departure and its extent.
2. State the planning objective of the relevant DCP control (quoted verbatim from the DCP).
3. Demonstrate, by reference to the specific design response, how the planning objective is met notwithstanding the numerical departure.
4. Confirm that no unreasonable amenity impact results.

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5.3 Compliance with the Housing SEPP 2021

Chapter 3 — Diverse housing (single dwellings)

The proposed development is a single dwelling house on a lot within the R2 Low Density Residential zone. Cl 49 of the Housing SEPP 2021 confirms that a dwelling house on a lot of 450 m² or more is permissible with consent in R2 zones [Assumption — verify minimum lot size threshold under cl 49 against current Housing SEPP text]. The subject lot area [Assumption] satisfies this threshold.

Chapter 6 — Stage 1 Low and Mid-Rise Housing (cl 166)

The Stage 1 LMR mapping introduced into the Housing SEPP 2021 in 2024 should be checked to confirm whether the subject site falls within a mapped Stage 1 LMR location. If it does, the concession provisions of cl 166 may offer alternative (and potentially more generous) height and FSR standards than those in the CC LEP 2022, subject to design quality requirements [Assumption — LMR mapping status not confirmed; verify against the DPHI LMR mapping viewer before lodgement]. If Stage 1 LMR provisions apply, this section is to be expanded to expressly rely on cl 166.

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5.4 Hazards

5.4.1 Coastal hazard

The site is located within proximity to Wamberal Beach and Wamberal Lagoon. The Resilience & Hazards SEPP 2021 (Part 2, Chapter 2 — Coastal Management Areas) applies to land that is mapped within the Coastal Environment Area, Coastal Use Area, Coastal Wetlands and Littoral Rainforests Area, or Coastal Vulnerability Area [Assumption — exact coastal management area mapping not confirmed; verify against the NSW Coastal Lands map in the SEPP].

The following matters should be confirmed before lodgement:

• Whether the site is mapped within any of the four coastal management areas under the Resilience & Hazards SEPP 2021.
• Whether the Central Coast Coastal Zone Management Plan 2020 (or any applicable successor) identifies the site as being within a coastal hazard line.
• Whether council's Coastal Hazard Study identifies a minimum floor level or building setback applicable to the site.
• Whether consent authority referral to the NSW Coastal Panel is triggered under cl 14 of the Resilience & Hazards SEPP 2021.

Wamberal coastal hazard context: Wamberal Beach is a known coastal erosion risk area that has received significant public attention in recent years due to erosion affecting beachfront properties. the subject site sits one to two road blocks back from the foreshore [Assumption — verify distance and whether the erosion hazard line extends to the site]. If the site is not within the coastal erosion setback mapping, this is to be stated explicitly in the final version of this SEE with reference to the applicable mapping source.

5.4.2 Flood risk

The site may be partially affected by the Wamberal Lagoon flood inundation area [Assumption — verify against Central Coast Council flood study and the LEP Flood Planning Map]. If the site is within the flood planning area, the following matters are addressed:

• The proposed dwelling is to be constructed with a finished floor level at or above the relevant Flood Planning Level (FPL = 1% Annual Exceedance Probability flood level + applicable freeboard as determined by council's flood study) [Assumption — FPL to be confirmed from council].
• Materials used in the sub-floor and lower level construction are to be flood-compatible.
• The stormwater management system is designed to direct runoff to the street, avoiding intensification of overland flows to neighbouring allotments.
• A Flood Impact Assessment prepared by a suitably qualified flood engineer is recommended as a supporting document if the site is within the flood planning area.

5.4.3 Bushfire

Based on the general suburban character of the the subject site precinct and its distance from bushland vegetation, the site is assumed to not be mapped as bushfire-prone land under the NSW Rural Fire Service mapping [Assumption — verify against RFS Bushfire Prone Land Map]. If bushfire-prone land mapping applies, a Bushfire Threat Assessment (BAL Assessment) prepared in accordance with Planning for Bush Fire Protection 2019 will be required, the development will constitute integrated development under cl 4.14 of the EP&A Act, and an RFS referral with General Terms of Approval must be obtained before determination.

5.4.4 Acid sulfate soils

The proximity of the site to Wamberal Lagoon may place the lot within a Class 3 or Class 4 Acid Sulfate Soils (ASS) area under the CC LEP 2022 ASS Map [Assumption — verify against LEP ASS Map]. Cl 6.1 of the CC LEP 2022 imposes consent requirements for works within ASS mapped areas where disturbance of soil is proposed.

If the site is within an ASS Class 3 or Class 4 area and excavation exceeds 1 metre below natural ground level (or within 500 m of an ASS Class 1 or 2 area where works are proposed below the water table), a Preliminary ASS Assessment (PASS) will be required. If PASS results indicate acid sulfate soil is likely to be disturbed, an ASS Management Plan (ASSMP) must accompany the DA.

For the purposes of this application, excavation is anticipated to be limited to [approximately 400–600 mm for footings — Assumption — verify with structural engineer]. If this depth does not trigger ASS assessment requirements under the LEP, this clause will not be further engaged.

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5.5 Heritage

Based on a review of the CC LEP 2022 Schedule 5 (Environmental Heritage) and the Heritage Map, the subject site does not appear to be listed as an individual heritage item, nor is it located within a Heritage Conservation Area (HCA) [Assumption — verify against Schedule 5 and CC LEP 2022 Heritage Map]. The nearest known heritage items in the Wamberal/Terrigal area are located in the Terrigal townsite precinct, which is not considered to be in the same streetscape context as the subject site.

On the basis of no heritage listing or HCA applicable to the site, cl 5.10 of the CC LEP 2022 is not engaged by this application. If heritage status is confirmed on verification, this section is to be expanded to apply the Helou 6-question framework for heritage assessment and the relevant HCA statement of significance, consistent with the requirements of cl 5.10 and the heritage merit assessment framework.

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5.6 Likely Impacts

5.6.1 Built form

The proposed two-storey dwelling achieves a maximum building height of approximately 7.8 m [Assumption], well within the 8.5 m LEP standard [Assumption]. The building's articulation — a combination of lower and upper floor setback modulation, balcony recesses, and changes of material — is consistent with the emerging two-storey residential character of the Wamberal streetscape.

The proposal does not introduce excessive bulk or scale that would be inconsistent with the surrounding residential context. The wall plane to the street is broken

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.