Plans for an eight storey apartment block on Church Street Nelson Bay have been approved but they’ve failed to impress the Urban Design Consultative Group attached to Newcastle City Council.
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The plans were referred to the UDCG before the vote on Tuesday night to determine if the project exhibited ‘design excellence’ – one of the tests Port Stephens Council has applied to Nelson Bay developers who wish to build above 17.5 metres.
“For this concession to occur the Nelson Bay Strategy (2012) requires a strategic public benefit of appropriate magnitude, as well as outstanding design excellence,” the UDCG noted in its February 15 minutes.
“Certainly as proposed the height and bulk are both excessive… amendments will be necessary for the development to be supported.”
The developer Rod Salmon heeded the group’s previous recommendations and amended the plans to reduce overshadowing of adjoining buildings.
He’s also increased the easement on the southern boundary with the removal of four groundfloor townhouses since the plans last came before the council in December.
A pool and garden will instead be built in that space.
“We’ve added a lot of amenity to the site since then,” Mr Salmon said.
“It’s more resort style now.”
The plans still exceed the extended 24.5m ceiling by 3.3m (one floor) on the western side and seven metres at the eastern side due to the site slope.
Under clause 4.6 of the Local Environment Plan the council can make exceptions if the development standard is unreasonable and there were sufficient grounds to justify the contravention. Which the council has said there is.
Mr Salmon noted there had been 217 submissions in favour of his plans and only four against. Among the four was a submission from the Tomaree Ratepayers and Residents Association that said while it was supportive of the design, the height was a concern.
“It’s not taking anyone’s view,” Mr Salmon said.
“And by pushing it around on the block we’ve been able to reduce overshadowing by 30 per cent. I don’t think the height is as bigger issue as TRRA makes out.”
UDCG said it still couldn’t support the design.
“The architectutal design character is generally of good quality although it cannot be agreed that the overall design achieves ‘design excellence’ – even with the recommended changes,” it found.
The matter was marked for approval at the council meeting on Tuesday night.
“Council staff are confident the flexibility in height has provided the opportunity for a better planning outcome due to the increased setbacks, amenity and overall urban design,” development services section manager Matthew Brown wrote.
“It is argued a strictly compliant design cannot deliver the same design excellence.”
Councillos Geoff Dingle, John Nell and Peter Kafer asked that the plans be deferred until after the Nelson Bay Strategy review was finalised but didn’t have the numbers.
The plans were approved four votes to three.
