Likelihood of requiring a DA vs CDC

Just trying to get an idea on whether a DA or CDC will be best/expected for a knock-down rebuild project.

I'm comparing the Warringah DCP vs SEPP (Exempt and Complying Developments) 2008.

Using the front setback requirements as an example:
- SEPP requires average distance of 2 neighbours, which is about 7m
- DCP allows 6.5m.

> Closer to street is better (more backyard & quiet street)... Can a Private Certifier adopt 6.5m from the DCP or must they strictly only comply with the SEPP for CDC?
> The SEPP also allows an articulation zone, where a small portion of the building can extend further into the front setback. But this isn't clearly defined in the DCP. If a DA must be used to obtain the minimum 6.5m setback, can the SEPP articulation zone then be used to extend the porch for an extra or so towards the street?​

There is also a 1.8m wide stormwater easement along the northern boundary of the property with a council pipe installed. I understand Council have requirements on building structures at a certain distance away and a dilapidation review of the pipe:

> Does this mean a DA will be necessary, and rule out the possibility of CDC?​

 

Have you spoken with any town planners in your area, they would be the first point of call I feel.

@Anthony416 might be able to advise.

 

We’ve done a few duplexes now under CDC - my understanding:
- must be average if two, can’t use DCP if going via CDC. If it impacts design so much then may choose to do DA to get better footprint. This is quite common for duplexes in some councils were setbacks are too far back.
- Unsure about articulation, think that’s OK tho if SEPP allows it.
- Unsure of council easement. For CDCs councils provide approval for some items, this may be included. E.g. driveway approvals are commonly provided by councils for cdc apps.

 

I've seen some wording in the AHSEPP that states the following.

(3) A consent authority must not consent to development to which this Division applies unless—
(a) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and
(b) the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

So it specifically references you may use another planning instrument, not sure home common this is.

 

Thanks for the help.

Seems like I should not be too optimistic on CDC. A DA will likely be required to make the best use of the site so I can assume there will be longer delays with Council