Decision details

Moved by the Chair (the Lord Mayor), seconded by Councillor Thalis -

It is resolved that:

(A)        the variation requested to Clause 4.3 ‘Height of buildings’ in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld; and

(B)        consent be granted to Development Application No. D/2020/93 subject to the conditions set out in Attachment A to the subject report:

Reasons for Decision

The application was approved for the following reasons:

(A)        The applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the ‘Height of buildings’ development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening Clause 4.3 of the Sydney LEP 2012.

(B)        It is in the public interest because it is consistent with the objectives of the B4 – Mixed Use zone and the ‘Height of buildings’ development standard.

(C)       It has been assessed against the aims and objectives of the relevant planning controls including SEPP 65, Sydney LEP 2012 and Sydney DCP 2012. Where non-compliances exist, they have been demonstrated to be acceptable in the circumstances of the case or can be resolved by the recommended conditions of consent.

(D)       It is consistent with the amended concept approval for the site, being D/2017/1723/A.

(E)        The development subject to conditions, is considered to exhibit design excellence through its positive contribution to the streetscape and public domain. The development is generally consistent with the winning scheme of a competitive design process in terms of architectural design, materials and detailing. The development has an acceptable environmental impact with regard to the amenity of the surrounding area and future occupants. The development therefore achieves design excellence in accordance with Clause 6.21 of the Sydney LEP 2012.

(F)        It is appropriate within its setting with compatible uses that will support the vitality of the area, consistent with the desired future character for the locality.

Carried unanimously.

D/2020/93

Speakers

Mr David Milliken (Strategic Perception on behalf of the Owners Corporation at Emeral Park – 15-17 Joynton Avenue and 5 O’dea Avenue, Zetland), Mr Terence Huggins (resident), Mr Steve Ryan (resident), Ms Larissa Brennan (LJB Urban Planning) – on behalf of the applicant, and Ms Siobhan McInerney (PTW Architects) – on behalf of the applicant, addressed the Central Sydney Planning Committee on Item 11.