ADW Johnson worked closely with Central Real’s project team in preparing the application to Central Coast Council; with the entire application prepared and lodged within a tight time frame, in order to secure the Gosford City Centre 30% bonus provisions to Height and FSR which ceased 1st April 2016.
The original application lodged, exceeded the applicable 30% bonus provisions, and therefore required a Clause 4.6 Variation Request to the height and FSR development standards.
During the assessment of the DA, council identified an unintended drafting error in Clause 8.9 of the Gosford LEP 2014 where no savings provisions were included in the application of the Clause (introduced under Gosford LEP 2014 (Amendment No. 12). A draft LEP to amend Clause 8.9 to rectify this issue was placed on public exhibition from 25th November 2016. The DA could have had the benefit of a 30% height increase if the DA was assessed under the amended Clause 8.9 of the Gosford LEP 2014, however the draft LEP to amend Clause 8.9 did not apply (at the time) to the DA and the proposed height and FSR variation were instead assessed pursuant to Clause 4.6 of the Gosford LEP 2014.
Therefore an amended Clause 4.6 variation was submitted to Council in December 2016, requesting a height variation of 45.6% and an FSR variation of 66.7%. The DA was then approved 1st February 2017.