Lake Macquarie councillors are expected to approve a 25-apartment residential development despite its height exceeding planning regulations by 26.4 per cent.
The development application (DA) for 15-17 Charles Street at Warners Bay will be on the agenda of Lake Macquarie City Council's standing committee meeting on Monday evening at the Hunter Sports Centre.
Developer AGH Group proposes to demolish three existing homes on the two blocks, with a combined area of 2500 square metres, and build a four-storey residential flat building.
The 25 apartments will comprise a mix of one-, two- and three-bedroom units and a first-floor communal open space.
The main building of 21 apartments will have frontage to Charles Street, and the DA includes a smaller wing of four units on the western side of the site.
The proposal includes 33 car parking spaces, including two accessible spots.
As the development's proposed height of 15.17 metres exceeds the Lake Macquarie Local Environmental Plan 2014 development standard of 12 metres by more than 10 per cent, the proposal must be determined by the elected council.
The proposal is located close to the Warners Bay Sports Club, the John Street Field, Warners Bay Theatre and the suburb's central business district.
Council staff in the business papers argue that the Charles Street development is consistent with the emerging character of Warners Bay's R3 medium-density residential zone.
"Assessment of the submitted variation for the proposed building height has been undertaken and it is considered the request has demonstrated strict compliance with the development standard is unreasonable and unnecessary," the business papers state.
"There are sufficient environmental planning grounds to justify contravening the development standard in the circumstances.
"The built form achieves a high-quality design response and centralises the portion of the building that varies the building height with increased setbacks, also noting that the upper level is only partially above the height limit.
"This mitigates visual impacts from the public domain and adverse amenity impacts to neighbouring properties.
The application received two submissions from nearby residents, both arguing against the proposal.
The submissions both raised concerns about overshadowing impacting solar access, while one objected on privacy grounds.
The council said in the business papers that the DA's plans had been amended to minimise the impact on residents following the submissions.
"Overshadowing from the development is considered reasonable in the circumstance," it said.
"The development will have overshadowing impacts to the residential dwellings located to the south of the site.
"The proposal has included a design which reduces the impact to neighbouring development through the 'U' shape of the building, locating the building mass towards the northern part of the site.
"Due to the site's orientation, any development on the land would have overshadowing impacts.
"The portion of the development exceeding the height of building standard does not have a significant additional impact than what a compliant outcome would achieve."
Councillors on Monday night are also expected to approve a proposal for a two-storey home on a battle-axe block in Coal Point.
The dwelling at 242 Coal Point Road will have a maximum height of 9.5 metres, a one-metre or 11.76 per cent variation to the maximum building height for R2 low-density residential zoned land.
