The Panel:

(A)      supported the variation sought to the minimum motorbike parking spaces required under Clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 in accordance with Clause 4.6 'Exception to development standards' of the Sydney Local Environmental Plan 2012 in the circumstances of this application; and

(B)      granted consent to Development Application No. D/2020/1090 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(2)       DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)  The development is to provide a total of 4 boarding rooms which are capable of being adaptable for a person with a disability in accordance with the Building Code of Australia (it is noted 2 such rooms are identified in the plans). The nominated accessible boarding rooms are to be illustrated on the floor plans and demonstrate (in a checklist) compliance with Australian Standard AS4299.

(b)  The design of privacy louvres is to be revised to maximise natural light access and outlook whilst retaining reasonable privacy protection.

(c)   North-facing windows, with high sills to provide privacy to occupants, are to be added to rooms G06 and G07.

(d)  The design of the northern boundary elevation is to be revised to soften the appearance and reduce the impact of the blank wall to 178 Church Street. This could include greater articulation of finish and the use of materials and finishes more suited to the residential setting.

The modifications are to be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate.

(23)   LANDSCAPING OF THE SITE (TREES)

(a)  The Concept Landscape Plan prepared by Conzept Landscape    Architects dated 12 October 2020 ‘Revision C is not approved.

(b)  A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate. The plan must include:

                                               i.    deep soil setback area to Church Street must provide large-medium sized canopy tree plantings;

 

                                              ii.    location of existing and proposed structures on the site including, but not limited to, existing and proposed trees, paved areas, planted areas on slab, planted areas in natural ground, lighting and other features;

 

 

                                             iii.    details of earthworks and soil depths including mounding and retaining walls and planter boxes (if applicable). The minimum soil depths for planting on slab must be 1000mm for trees, 450mm for shrubs and 200mm for groundcovers;

 

                                            iv.    location, numbers, type and supply of plant species, with reference to the relevant Australian Standard;

 

                                              v.    the design must provide a minimum 15% canopy cover across the site. This must be provided by 40% of the species having a mature minimum height of 6-8 metres and 60% mature minimum height of 10-15 metres;

 

                                            vi.    palms, fruit trees and species recognised to have a short life span will not be accepted as suitable replacements;

 

                                           vii.    new trees must be planted in natural ground (deep soil areas) with adequate soil volumes to allow maturity to be achieved;

 

                                          viii.    new trees must be appropriately located away from existing buildings and structures to allow maturity to be achieved without restriction;

 

                                            ix.    details of planting procedure and maintenance; and

 

                                              x.    details of drainage, waterproofing and watering systems.

(c)   All landscaping is to be undertaken by the developer, and all reference to “landscape by others” is to be removed from the plans.

(d)  Prior to the issue of a Construction Certificate, a maintenance plan is to be submitted to and approved by the Principal Certifying Authority. The maintenance plan is to be complied with during occupation of the property.

(e)  All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.

The modifications are to be submitted to and approved by Council’s Area     Planning Manager prior to the issue of a Construction Certificate.

Reasons for Decision

The application was approved for the following reasons:

(A)      The development complies with the objectives of the B4 mixed use zone and the R1 General Residential zone pursuant to the Sydney Local Environmental Plan 2012.

(B)      Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:

(i)         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 motorcycle parking development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 30 (1)(h) of SEPP (Affordable Rental Housing) 2009;

(ii)        the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use zone, the R1 General Residential zone and the SEPP (Affordable Rental Housing) development standards.

(C)      The proposal is consistent with the aims and objectives of Division 3 of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

(D)      The development complies with the permitted Floor Space Ratio pursuant to Clause 4.4. of the Sydney Local Environmental Plan 2012 and clause 29(1) of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

(E)      The development, subject to conditions, demonstrates design excellence, appropriately responding to the context of the site, and is consistent with the desired future character of the area as per Clause 6.21 of the Sydney Local Environmental Plan 2012.

(F)      The development is consistent with the objectives of the Sydney Development Control Plan 2012.

(G)      Suitable conditions of consent have been applied and the development is considered to be in the public interest.

(H)      Condition 2(b) was added to balance daylight penetration with privacy concerns.

(I)        Condition 2(c) was added to improve internal room amenity.

(J)       Condition 2(d) was added to improve visual impacts on residents of the neighbouring property.

(K)      Condition 23(c) was added to clarify the responsibility of the developer with regard to landscaping.

Carried unanimously.

D/2020/1090

Speakers

Mr Jason Perica (Perica and Associates) – on behalf of the applicant, and Mr Ian Armstrong (DesignInc) – on behalf of the applicant.