Goulburn Mulwaree Council upholds decision on Chiswick Street plan

The applicant for three two-storey units at 13 Chiswick Street, below Rocky Hill, requested a review after councillors unanimously refused the DA in April, 2021.

They did so on the basis that it "didn't promote good design and amenity", earthwork impacts on drainage and soil stability, it didn't allow adequate sunlight, ensure privacy and enough open space, avoid overshadowing or enable vehicles to enter or leave the site in a forward direction.

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The developer wanted to build the units on an east-west sloping vacant land block. But the plan met stiff resistance from residents in the street, which is dominated by single dwellings.

Four submissions, including a 12-signature petition, objected to the alleged 'overcrowding' of the block, design, overshadowing, bushfire risks and loss of view.

Consultant, Linea Verde Design, requested a review on the developer's behalf in June, following the refusal.

But environment and planning director, Scott Martin, told the most recent meeting that no additional information had been provided to justify a different decision.

In September, staff had asked the consultant to address 18 'outstanding' issues including landscaping plans, proof that vehicles could enter and leave the site in a forward direction, revised open space plans, greater detail on overshadowing, bulk and scale.

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Planning staff also requested the applicant address issues raised in a further three public submissions. These related to stormwater, erosion control, the area's character, bushfire risk and more.

"The area is already alarmingly unstable, with any rain resulting in significant flooding and mud from surrounding properties causing washouts and pooling in our backyard," one resident wrote.

"...The proposal for three four-bedroom dwellings on this block is excessive in terms of population for the area...We consider this to be overcrowding for the locality and are concerned about the impact of noise, traffic, pets and privacy."

The block sits opposite a cleared 27-lot residential subdivision at 99 May Street. Mud and silt has washed off this block on to May Street and into the Goulburn wetlands during heavy rain.

Another resident said homes in the street had been constructed with substantial piering to avoid structural issues on the slope. However this detail was not apparent in plans for 13 Chiswick Street.

Mr Martin told councillors his department had given the applicant "more than sufficient time" to supply the outstanding information.

"I'd say it was over and above what the endorsed policy (allows) so based on that, the staff view is that the decision should be upheld," he said.

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Mr Martin said an analysis showed that a vehicle could not perform a three-point turn on the site without hitting a garden bed or clipping a garage wall.

Linea Verde Design director Moe El Hassan said he was disappointed by the decision.

"We tried to design an attractive development making best use of the site and which didn't tower over others in the street," he said.

"It would have had a nice streetscape and design."

He told The Post the council's list of requirements was "so extensive" it would have cost about $6000. It included a stormwater plan and other reports that "were never previously requested."

"When we pushed back, it seemed like they were putting up roadblocks," he said.

"The client has chosen to hand off the project to another company...The council was so against it we felt it was impossible."

Mr El Hassan maintained the DA had met all requirements, including vehicle movement, private open space and erosion control.

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He criticised new design requirements in the council's recently revised development control plan.

"(Getting approval) has become a nightmare," he said.

"It is a rural council but they seem to think we are designing multi-storey McMansions."

Mr El Hassan could not say whether the DA would be revised and resubmitted.

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