AFTER initially refusing a development application in February, Bathurst Regional Council has now given the green light to plans for four two-storey units at 183 Rocket Street.
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The property, which is situated in the Bathurst heritage conservation area, currently contains eight single storey residential units, associated parking and manoeuvring areas, as well as a number of established trees.
When submitting the initial DA in 2020, the property owners were looking to building five two-storey units on the property.
Council, however, refused the DA as the applicant had failed to provide necessary documents that were needed to assess the proposal.
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The applicant has subsequently provided council with these items and has sought a review of the determination to refuse the application.
The plans were also amended, now proposing four units to be built instead of the original five.
After reviewing the additional information and amended plans, the director of Environmental, Planning and Building Services, Neil Southorn, recommended the DA be approved.
"It is concluded that the amended application meets the applicable requirements of the relevant legislation and guidelines and approval subject to conditions able to be imposed under section 4.17 of the Environmental Planning and Assessment Act is recommended," he said.
His report also addressed some of the concerns about the proposal.
The construction of two-storey units in the heritage conservation area was defended, citing the location, which is off a battle-axe handle, having no direct views to and from any street within the area.
"The proposal has minimal impact on the streetscape within the HCA," Mr Southorn said.
"The plans submitted with the current review have reduced the number of new proposed units in the northern corner, from three to two, and a slight reconfiguration of the two units in the southern corner.
"The current application reduces the scale of development on the site and therefore has no greater impact on the HCA than the original application."
One of requirements missing prior to refusing the initial DA was the response to submissions made during the public notification period.
The applicant has since responded to the concerns about the development.
With regard to the removal of a tree in the southeast corner, they said that it needed to be removed as it would be in direct conflict with proposed units 11 and 12.
The tree itself was also assessed by an arborist, who recommend the removal of the tree due to a high risk of complete failure.
Another issue raised was privacy and amenity issues from the location proposed for unit 11.
The applicant said the new design removes unit 11 and repositions the remaining units nine and 10 further away from the east setback.
There were also concerns about maintaining vegetation along the existing driveway.
The applicant said the vegetation is proposed to be removed and replaced with appropriate native species. The owners will also implement a landscape management plan that will ensure no overgrown vegetation will occur.
One of the conditions of consent imposed by council in approving the development was to ensure the vegetation is managed.
The other condition of consent was for the land identified as Lot: 3 DP: 559167 and Lot: 5 DP: 580479 to be consolidated into one lot prior to the issuing of any construction certificate.
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