Variation to Development Standards Register

Under Clause 64 of the Environmental Planning and Assessment Regulation 2000, Council may assume the NSW Department of Planning’s Director-General’s concurrence in relation to an application to vary a development standard. This is under State Environmental Planning Policy No.1 (SEPP1) and Clause 4.6 of Forbes Local Environmental Plan 2013, subject to maintaining a register and reporting these variations to the Department of Planning. The following SEPP 1/Clause 4.6 variations have been approved by Council:

Development Application 2024/88

Address: 57 Farrand Street
Zone:  R1 General ResidentialDevelopment
Standard to be varied: Minimum Lot Size for Dual Occupancy
Justification of Variation: The subject property is within close proximity (less than 400 metres) to the CBD and Lake Forbes. The proposed development is for two smaller dwellings that still maintain adequate private open space. Due to the close proximity to the CBD and public open space, it is considered that a larger lot size is unnecessary in this instance.
Extent of Variation: 3.1%
Concurring Authority: CouncilStaff Under Delegation
Date of determination: 28 October 2024

Development Application 2024/38

Address: 88 Lachlan Street.
Zone:  E1 Commercial Centre
Standard to be varied: Height of Buildings
Justification of Variation: The subject land is located within the Forbes CBD, where the Height of Buildings limit is set at 17m. The approved serviced apartments development exceed this limit in two locations:

• The lift housing (18.90m), and
• A rooftop pergola (18.15m).

The greater of these two exceedances is an 11.17% variation to the 17m Height of Buildings Restriction. This was approved by Council at it’s meeting on 4 July 2024. It is assessed the proposed development has been designed to include architectural elements that will ensure the scale of the building is not incompatible with the surrounding development to promote a harmonious built form. The development will be setback from the primary street reducing the bulk to the public realm and will create a gradual increase in height from the existing two storey buildings fronting Lachlan Street. The Statement of Heritage Impact (SoHI) and Visual Impact Assessment (VIA) submitted in support of the application demonstrate that the building has been designed with consideration of the locality and will not adversely impact on the heritage conservation area. Accordingly, it is assessed the proposed development will be compatible with the building form and will be consistent with the objectives of the development standard.
Extent of Variation: 11.17%
Concurring Authority: Council Resolution
Date of determination: 25 July 2024

Development Application 2023/82

Address: 27 Grenfell Street.
Zone:  R1 General Residential
Standard to be varied: Minimum Lot Size
Justification of Variation: The lot is in close proximity (500m) to the Forbes CBD. The application proposes the subdivision of a residential lot containing one dwelling, into two lots, 561m2 and 290m2.
The prevailing minimum lot size is 550m2, meaning a 290m2 lot is a 47.3% variation from them standard.
This variation was justified in that:

• The zone objectives are met,
• An indicative dwelling footprint indicates that setbacks and private open space can be maintained,
• Essential services are available to the lot,
• The reduced minimum lot size for one lot, among larger lots, is unlikely to affect the amenity of the area.
  

Extent of Variation: 47.3%
Concurring Authority: Council Resolution
Date of determination: 19 December 2023

Development Application 2022/83

Address: 16 Grenfell Street, Forbes
Zone:  R1 General Residential Development
Standard to be varied: Minimum Lot Size for Dual Occupancy
Justification of Variation: The subject property is within close proximity (less than 400 metres) to the CBD and Lake Forbes. The CBD is an active street area with significant services, and Lake Forbes is a treated open parkland with extensive open space, playgrounds and other outdoor utilities. The proposed development is for two smaller dwellings that still maintain considerable outdoor space. Due to the close proximity to the CBD and Lake Forbes, it is considered that a larger land size is unnecessary in this instance.
Extent of Variation: 9.9%
Concurring Authority: Council Delegation
Date of determination: 28 September 2022

Development Application 2021/90 - Torrens Title Subdivision

Address: 82 Farrand Street, Forbes
Zone: R1 General Residential
Development Standard to be varied: Minimum Lot Size
Justification of Variation: To allow for logical use of the land to support semi-detached dual occupancy.
Extent of Variation: 8.2%
Concurring Authority: Council Delegation
Date of determination: 7 October 2021

Development Application 2020/107 - Torrens Title Subdivision

Address: 21 Oxford Street, Forbes
Zone: R1 General Residential
Development Standard to be varied: Minimum Lot Size
Justification of Variation: To allow for two dwellings to be placed on the subject lot, both of which have frontage to a road.
Extent of Variation: 19.3% and 46.8% respectively
Concurring Authority: Full Council Meeting
Date of determination: 6 January 2021

Development Application 2020/107 - Dual Occupancy

Address: 21 Oxford Street, Forbes
Zone: R1 General Residential
Development Standard to be varied: Minimum Lot Size for the purposes of Dual Occupancy
Justification of Variation: To allow for two dwellings to be placed on the subject lot, both of which have frontage to a road.
Extent of Variation: <1%
Concurring Authority: Council Delegation
Date of determination: 6 January 2021

Development Application 2019/100 - Torrens Title Subdivision

Address: 37 Little Wambat Street, Forbes
Zone: R1 General Residential
Development Standard to be varied: Minimum Lot Size
Justification of Variation: To allow for frontage to York Street while maintaining existing dwelling with frontage to Little Wambat Street
Extent of Variation: 6.1% and 8.1% respectively
Concurring Authority: Council Delegation
Date of determination: 19 December 2019

Development Application 2019/91 - Torrens Title Subdivision

Address: 22 Kent Street, Forbes
Zone: R1 General Residential
Development Standard to be varied: Minimum Lot Size
Justification of Variation: To allow dual occupancy units to be single dwellings
Extent of Variation: 32%
Concurring Authority: Council Meeting
Date of determination: 21 November 2019

Development Application 2016/106/2 - Residential Subdivision

Address: Lot 15 DP 811626, College Road Forbes
Zone: RU4/R5
Development Standard to be varied: Minimum Lot Size
Justification of Variation: Variation approved in previous DA
Extent of Variation: 2%
Concurring Authority: Council
Date of determination: 17 January 2018

Development Application 2016/106 - Residential Subdivision

Address: Lot 15 DP 811626, College Road Forbes
Zone: RU4/R5
Development Standard to be varied: Minimum Lot Size
Justification of Variation: 2% variation to R5 land considered insignificant. RU4 land is residual land not used for development
Extent of Variation: 2%
Concurring Authority: Council
Date of determination: 22 December 2016