NOTE: This Chapter should not be read in isolation. You may need to consider other chapters of this DCP when preparing your application.
CHAPTER N12: CULBURRA BEACH -THE MARINA AREA
Chapter N12: Culburra Beach – The Marina Area
Contents
1 Purpose ......................................................................................................................... 2
2 Application ..................................................................................................................... 2
3 Context .......................................................................................................................... 3
4 Objectives ..................................................................................................................... 3
5 Controls ......................................................................................................................... 3
5.1 Building Lines ......................................................................................................... 3
5.2 Setbacks (Side Boundaries) and Solar Access ...................................................... 5
5.3 Design .................................................................................................................... 6
5.4 Building Envelope and Siting .................................................................................. 7
5.5 Views .................................................................................................................... 11
5.6 Building Material and Colours ............................................................................... 12
5.7 Parking ................................................................................................................. 13
5.8 Legal and Practical Access ................................................................................... 13
5.9 Construction and drainage in access ways ........................................................... 13
5.10 Streetscape within the Road Reserve Area ....................................................... 14
5.11 Visual Privacy .................................................................................................... 14
5.12 Fencing .............................................................................................................. 15
5.13 Landscaping ...................................................................................................... 15
5.14 Vegetation removal and erosion controls .......................................................... 16
6 Advisory Information .................................................................................................... 16
6.1 Other legislation or policies you may need to check ............................................. 16
Figures
Figure 1: Subject Land Map ................................................................................................. 2 Figure 2: Buildings Lines...................................................................................................... 5
Figure 3: Design Alternatives ............................................................................................... 7 Figure 4: Building Envelope ............................................................................................... 10 Figure 5: Building Envelope and Concessional Zones ....................................................... 11
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1 Purpose
The purpose of this chapter is to manage the residential development of the environmentally sensitive locality of Culburra Beach along The Marina (and unformed road reserve).
2 Application
This chapter applies to land along The Marina, Allerton Avenue and North Crescent, Culburra Beach as shown in Figure 1 below.
The provisions in this chapter apply to new dwellings, dwelling additions and alterations, ancillary structures to dwellings e.g. garages, fences, carports, pergolas, swimming pools and the like.
Figure 1: Subject Land Map
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3 Context
The majority of lots fronting The Marina at Culburra Beach were subdivided in the early 1920’s prior to planning controls. These properties are located on a narrow single foredune which is subject to the threat of wind erosion and possible inundation by seawater during severe storms. This chapter should be viewed together with Shoalhaven Local Environmental Plan (SLEP) 2014 Clause 7.4 Coastal risk planning, and Chapter G6: Areas of Coastal Management. The provisions of this chapter prevail over any conflicting provisions in Chapter G6: Areas of Coastal Management.
4 Objectives
The objectives are to: i. Protect assets by reducing the risk of coastal hazards by stabilising and
protecting the foreshore dunes through the maintenance of existing vegetation, and where possible, rehabilitation of foreshore vegetation.
ii. Preserve the visual amenity of Culburra Beach by ensuring that development:
Relates to the form of the foreshore dunes system; and
Relates to the height of existing vegetation; and
Is not visually prominent; and
Retains existing vegetation. iii. Minimise the adverse impacts of development on privacy, access to sunlight and
view opportunities of surrounding properties. iv. Protect assets from the effects of salt laden winds through the use of suitable
materials and locating of structures to minimise exposure. v. Ensure the provision of suitable access to all lots that does not compromise or
threaten the stability of the sensitive foreshore area. vi. Identify suitable locations for quality facilities on public land for use by the general
public.
5 Controls
5.1 Building Lines
Performance Criteria Acceptable Solutions
P1 Building lines from rear lands to achieve openness and access to dwellings.
A1.1 You must setback any habitable buildings 5 metres from the lane frontage (west) boundary.
A1.2 You must setback any single storey detached or attached garage and/or workshop 1 metre from the lane frontage (west) boundary.
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P2 Provide adequate building area while recognising the objectives of hazard safety, dune stability and reduced visual impact
A2.1 You are to provide a vegetative buffer to the erosion setback as identified in plans prepared by NSW Public Works (see note below this table).
You are to retain this area in its native vegetative state. No development or clearing is to be done in this area except for the clearing of noxious weeds.
These provisions do not apply to existing development within this area, except for any remnant native vegetation which may still exist in this area.
A2.2 An absolute eastern building line is also required to ensure that the visual impact of your development on the foreshore area is minimised.
Refer to Figure 2.
Note: Accurate details of the building setback, vegetation buffers and building lines are available from the City Administration Centre, Planning and Development Services Group. Plans detailing the building setbacks are periodically reviewed and should be checked immediately prior to the preparation of a development application.
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Figure 2: Buildings Lines
5.2 Setbacks (Side Boundaries) and Solar Access
Performance Criteria Acceptable Solutions
P1 Provide an acceptable spatial arrangement of dwellings.
A1.1 If your property is a corner lot, you must setback your development 3.5 metres from the secondary road frontage as well as the buildings lines set out in 4.1 above.
Also refer to Figure 2.
P2 Facilitate landscaping and design techniques which will ensure privacy and
A2.1 You must set back your development an average 3 metres from the northern boundary.
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amenity.
P3 Provide reasonable levels of solar access to all dwellings.
A3.1 You must set back your development 0.9 metres from the southern boundary.
P4 Optimise northerly aspects and thereby provide improved amenity for residents.
A4.1 You are to keep setbacks free of structures and visibility barriers (other than landscaping).
A4.2 Council may require you to submit shadow diagrams where your development has the potential to overshadow adjoining properties.
Note: For lots south of The Bowery a reference to the ‘northern or southern boundary’ should relate to the orientation for solar access rather than the literal meaning.
5.3 Design
Performance Criteria Acceptable Solutions
P1 The design of development provides for shadow lines, third dimension and architectural relief.
A1.1 Your development should incorporate building features that give three dimensions to the development i.e. shadow lines, verandahs.
P2 Development is not be of ‘box-like’ design and is be sympathetic to the local environment.
A2.1 Your development should have a reasonable pitched and hipped roof to reduce the overall impact of the development. Council will not accept unrelieved flat or skillion roof designs or roof decks (i.e. total roof).
A2.2 Your development should include multiple/stepped roof levels and reversed slope skillion roofs to provide articulation and interest to the roof line.
P3 Development conforms to the predevelopment contours and minimises disturbance to the site i.e. no cut and fill.
A3.1 If you are proposing a single level structure, it should follow the contours of the site.
A3.2 If you are proposing stepped or split level development, it should follow the natural ground level and not require, or minimise, the need to cut into the natural slope of the site.
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Figure 3: Design Alternatives
5.4 Building Envelope and Siting
Performance Criteria Acceptable Solutions
P1 Buildings are so located, and are such length and height, that there is no significant loss of amenity to foreshore areas and adjoining development. This can be achieved through:
Building siting and height that are related to land form, with minimal cut and fill.
Building bulk that is generally distributed to reduce impact on foreshore areas, adjoining properties and the public street.
Building heights similar to those in the public streetscape, with higher components of buildings setback and out of direct view from the street and foreshore area.
A1.1 Your buildings are sited within a building envelope determined by the following method. Planes are projected at 45 degrees from a height of 3.5 metres above natural ground level at the front, side and rear boundaries to a maximum height of 6 metres above natural ground level (see Figure 4).
Allowable Encroachments to Envelopes
A1.2 Provided the distance to the boundary is not less than 0.9 metres for a wall and 0.675 metres for a gutter, you may have the following encroachments outside of the envelope:
Fascias,
gutters,
downpipes,
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Building forms that enable a sharing of views with neighbours.
Walls that are limited in length and height to minimise the impacts on foreshore areas, adjoining development and public streets.
eaves up to 0.6 metres,
masonry chimneys or flues,
pipes,
domestic fuel tanks,
cooling or heating appliances,
other services.
A1.3 You may have the following encroachments without restriction:
Screens or sunblinds,
Light fittings,
Steps or ramps not more than 1 metre in height from natural ground level.
P2 To make provision for innovative design, as well as giving consideration to difficulties in connection with steeply sloping properties, buildings may encroach on the general building envelope but only where it is demonstrated that the proposal will not adversely affect the visual amenity of the area in general.
A2.1 Council will consider variations to the building envelope where minimum floor levels are required in flood prone areas. Where such levels require two storey construction or elevated construction, you will still be required to consider the impacts of your development on privacy, overshadowing and visual amenity.
P3 The proposed development will not adversely impact on adjoining development having regard to privacy, overshadowing and/or solar access.
A3.1 You will be permitted to encroach on the standard building envelope within a concessional zone where you can demonstrate that such an encroachment will enhance the development and not impact on the amenity of the surrounding area. The concessional zone shall consist of buildings sited within a building envelope where planes are projected at 45 degrees from a height of 3.5 metres above natural ground level at the front, side and rear boundaries to a maximum height of 7.5 metres above natural ground level (see Figure 5). Council will only considered such an encroachment where you provide following details with your application:
A visual analysis, including photographic assessment, that outlines how the proposal will not be visually prominent from the foreshore or adversely affect the visual amenity of the locality.
Details outlining how the proposal will not adversely affect the privacy of adjoining development.
Details, including a shadow diagram, showing that excessive overshadowing is not likely to occur as a result of the proposal.
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It would be expected that living areas as well as usable open space areas or neighbouring dwellings do not have their sunlight reduced to less than 3 hours between 9am and 3pm on 21 June.
Note: If you are proposing to encroach into the concessional zone, Council recommends that you meet with relevant staff from the Planning and Development Services Group. You should also consult with adjoining landowners likely to be affected by your proposal before lodging your application with Council. This consultation will allow you to take into account the concerns of affected neighbours during the design process and may then
minimise delays in the processing of the application.
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Figure 4: Building Envelope
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Figure 5: Building Envelope and Concessional Zones
5.5 Views
Performance Criteria Acceptable Solutions
P1 Available views should be achieved at or near natural ground level i.e. not through excessive artificial elevation of decks etc.
A1 You must design your development to be considerate of the views of neighbours and visibility from the beach.
P2 Structures allow for view sharing.
A2 You must place structures so they are not prominent from public places.
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P3 The rights of adjoining properties to available views are preserved whilst maintaining privacy and amenity.
A3 Your development must not include the construction of excessively elevated platforms, decks or observatories to obtain views.
Note: for the purpose of this chapter, pergolas and raised decks are considered to be structures and therefore subjects to the setback/building line requirements. Ancillary structures to swimming pools (e.g. pump facilities) would not be affected by building line and setback requirements.
5.6 Building Material and Colours
Performance Criteria Acceptable Solutions
P1 Building materials should integrate with the landscape.
A1.1 If you proposed to use brick in the construction of your development, its dominance should be reduced by mixing it with timber cladding or other less harsh materials. You can also treated brick to reduce its visual impact (e.g. using a textured coating).
P2 Council encourages colours which either echo or complement the natural colours of the landscape.
A2.1 You may use stained or treated timber as it integrates well with the landscape.
P3 Developments should not be built of garish, strong contrasting and outstanding colours and materials.
A3.1 You should use colours for your development that blend well in this location. Council prefers the following colours:
Grey-green
Brown
Olive
Gray.
Lighter, brighter colours such as white, orange, and Zincalume do not blend well and should only be used for trim or minor contrast.
A3.2 You should use only non-reflective materials for your development (different colour schemes can be discussed with Council).
P4 Materials should be selected to withstand the seaside weather conditions.
A4.1 You should use salt tolerant materials in your development.
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5.7 Parking
Performance Criteria Acceptable Solutions
P1 Off street parking totally within each site is provided for residents and visitors.
A1.1 You must provide off street parking on site for one resident’s vehicle and one visitor’s vehicle.
P2 Safe vehicular and pedestrian access is provided.
A2.1 Parking spaces are to be a minimum of 5.5 metres x 2.6 metres.
5.8 Legal and Practical Access
Performance Criteria Acceptable Solutions
P1 Legal vehicle access is provided to all residential allotments and must be constructed to Council’s standard for low traffic speed.
A1.1 You must show legal access to your development on a survey plan to be submitted with your application.
P2 Identifiable lane addresses that are suitable for postal and other services are provided for each allotment.
A2.1 The lane will be known at “The Marina” and houses will be addressed to it.
P3 Fragmented private access ways are brought into public ownership so they may be properly constructed, drained and landscaped.
A3.1 You must dedicate the right-of-way for access.
A3.2 You must register the Survey Plan with the Registrar General prior to the release of the Construction Certificate.
5.9 Construction and drainage in access ways
Performance Criteria Acceptable Solutions
P1 Facilitate an overall integrated drainage system.
A1.1 You must construct (at your own expense) an all-weather standard 3 metre wide access with a minimum compacted pavement thickness of 200mm.
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P2 Reduce the potential for erosion and sedimentation problems associated with a lack of drainage.
A2.1 You are to provide adequate passing bays (longer access sections) to preserve existing landform/topography and landscape features.
P3 Provide an equitable means of providing sealed access to all properties.
Note: Should you wish to have your section of land constructed prior to Council’s programmed works, Council would accept a 50% contribution to expedite the program.
5.10 Streetscape within the Road Reserve Area
Performance Criteria Acceptable Solutions
P1 Provide a reasonable level of amenity for residents and enhance the existing environment.
A1.1 You must include landscaping of the road reserve adjacent to your property in your landscape plan to be submitted with your application. This should include landscape pockets to be eventually provided including street trees. Pedestrian paths are not required.
P2 Provide native landscaping maintaining an indigenous theme to the area.
5.11 Visual Privacy
Performance Criteria Acceptable Solutions
P1 Privacy is ensured between dwellings.
A1.1 You development should be designed to ensure that window and deck areas avoid intrusion into the privacy of adjoining dwellings.
A1.2 You should provide screens and lattice to avoid overlooking (where appropriate).
P2 Elements are incorporated into development to minimise intrusion of privacy.
A2.1 You must contain decks and balconies within the building envelope.
A2.2 Council will consider boardwalk areas outside the building envelope where these do not exceed a height of 450mm above natural ground level.
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5.12 Fencing
Performance Criteria Acceptable Solutions
P1 Minimise the destabilising effect on the dune system of continuous footings used in the construction of solid fencing.
P2 Avoid undue disturbance to prevailing
wind patterns by continuous boundary to boundary fencing.
P3 Limit the removal of vegetation and
thereby maintain the natural landform and landscape quality of the locality.
A1 You must generally restrict fencing to courtyards and privacy areas around the dwelling, plus the land frontage (i.e. western boundary).
A2 Indiscriminate boundary to boundary fencing is
not permitted. A3 Council prefers you to use timber lattice or
open mesh fencing as this requires small footings, blends in well and allows for the flow of winds.
A4 You are to avoid brickwork, masonry and metal
fencing unless it is only affecting a small area and treated to reduce its visual impact.
5.13 Landscaping
Performance Criteria Acceptable Solutions
P1 Control erosion from the effects of wind and sea by stabilising the dune with native vegetation.
P2 Retain as much of the natural
landscaping as practicable in the form of trees, shrubs and ground covers.
P3 Avoid planting of exotic species as these
will have difficulty surviving and can have an adverse effect on native species and the natural landscape.
P4 Provide essential stability and ground
cover to exposed mobile soils.
A1 You should limit exotic species to feature trees or shrubs within a native setting.
A2 You should keep grass or lawn areas to a
minimum as they do not provide deep rooted dune stability and can hinder the re-establishment of unstable areas.
A3 You are required to prepare a landscape plan
in consultation with the Office of Environment and Heritage (OEH) prior to the release of the construction certificate.
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5.14 Vegetation removal and erosion controls
Performance Criteria Acceptable Solutions
P1 Maintain natural characteristics and stability of the beachfront by preserving and supplementing natural vegetation.
P2 Reduce sand drift nuisance and dune
erosion.
A1 You must get Council’s written approval before removing any vegetation, excavation or filling.
A2 You must put in place temporary erosion
controls during construction of buildings. A3 You must consult with OEH about the removal
of Bitou and Lantana. A4 You are discouraged to create direct access to
the beach from your property. Council is to provide properly constructed walkways from public roads.
6 Advisory Information
6.1 Other legislation or policies you may need to check
Note: This section is not exclusive and you may be required to consider other legislation, policies and other documents with your application.
Council Policies
& Guidelines
Nil
External Policies
& Guidelines
Nil
Legislation Shoalhaven Local Environmental Plan 2014