Decision details

The Panel granted consent to Development Application No. D/2020/1453 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 development must be modified as follows:

(a)       The roof terrace and staircase leading to the rooftop are not approved and are to be deleted. Amended Level 2 and rooftop plans are to be submitted depicting removal of terrace and staircase, and relocation of herb garden, air conditioning units and solar panels;

(b)       The eastern elevation balcony at Level 1 is to be modified so that it does not extend beyond the side blade walls, removing approximately 1.4sqm width of the balcony;

(c)       The eastern elevation balcony at Level 2 is to be deleted. Floor to ceiling height glazed windows may remain, with a balustrade installed flush to the glass line. Balcony projection is to be blocked off and replaced with roofing.

(d)       All The balcony glass balustrades to Avona Avenue is (Avona Avenue, all levels at the eastern elevation) are to be replaced with a contemporary metal balustrade with vertical balusters. Materiality and colours are to be specified.

(e)       Window ‘G W05-01’ at level 2 northern elevation (to the corridor) is to either be replaced with a highlight window at least 1.6m above finished floor level, or be fitted with either louvres/screening angled to limit overlooking of Cook Street properties to the north, or treated with obscure glazing to the entire opening.

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

(3)       DESIGN MODIFICATIONS – DEEP SOIL

The landscape plans are not approved and are to be modified as follows:

(a)       A deep soil depth of at least 1000mmm is to be provided in areas above sandstone, or planters with sufficient soil volumes and depth are to be provided within the site The increased soil depth is to allow for planting of two small trees and one medium tree, consistent with the Sydney Landscape Code. These trees must be afforded sufficient spacing from each other to allow them to grow to maturity.

(b)       Two of the tree species, when mature, must attain a minimum height of no less than five metres and minimum canopy spread of five metres. One of the tree species, when mature, must attain a minimum height of no less than eight metres and minimum canopy spread of eight metres. Palms, fruit trees and species recognised to have a short life span are not considered a suitable replacement

(c)       Deep soil is to be provided that is equal to 15% of the site area.

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

(13)    DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION

(a)       Subject to the receipt of permission of the affected landowner, dilapidation report/s, including a photographic survey of 9 and 9A Cook Street, 11-19 Cook Street, 23-27 Sheehy Street, 14 Avona Avenue and 25-41 Avona Avenue are to be prepared by an appropriately qualified structural engineer prior to commencement of demolition/excavation works. A copy of the dilapidation report/s together with the accompanying photographs must be given to the above property owners, and a copy lodged with the Accredited Certifier and the Council prior to the issue of a Construction Certificate.

UPON COMPLETION OF EXCAVATION/DEMOLITION

(b)       A second Dilapidation Report/s, including a photographic survey must then be submitted at least one month after the completion of demolition/excavation works. A copy of the second dilapidation report/s, together with the accompanying photographs must be given to the above property owners, and a copy lodged with the Principal Certifier and the Council prior to the issue of any Occupation Certificate.

Any damage to buildings, structures, lawns, trees, sheds, gardens and the like must be fully rectified by the applicant or owner, at no cost to the affected property owner.

 

Note: Prior to the commencement of the building surveys, the applicant/owner must advise (in writing) all property owners of buildings to be surveyed of what the survey will entail and of the process for making a claim regarding property damage. A copy of this information must be submitted to Council.

 

(14)    GEOTECHNICAL INVESTIGATION

Prior to the commencement of demolition and excavation work, the geotechnical investigation is to be amended and submitted to Council’s Area Planning Manager,  to include the following:

(a)       Additional bore hole testing to determine groundwater/aquifer depths and structural impacts of the basement excavation (particularly on adjoining properties) and how these impacts will be addressed;

(b)      A Demolition Work Method Statement prepared by a licensed demolisher who is registered with the Work Cover Authority. (The demolition by induced collapse, the use of explosives or on-site burning is not permitted); and

(c)       An Excavation Work Method Statement prepared by an appropriately qualified person.

The approved geotechnical report and work method statements as required by this condition must be implemented in full during the period of construction.

                   (Remaining conditions to be renumbered accordingly.)

Reasons for Decision

The application was approved for the following reasons:

(A)      The proposal is generally consistent with the relevant objectives and controls of the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(B)      The proposal exhibits a suitable built form, design and materiality in the context of the heritage conservation area and is appropriate within the streetscape.

(C)      The proposal will not result in unacceptable amenity impacts on surrounding properties and does not detrimentally impact upon view corridors.

(D)      The view impacts of the proposal are acceptable given that it complies with key planning controls and that there are considered no other reasonable design amendments that could be imposed beyond those required by this consent.

(E)      The proposal exhibits design excellence in accordance with Clause 6.21 of the Sydney Local Environmental Plan 2012.

(F)      Condition 2 was amended in response to a request made by the applicant, as the Level 1 balcony will not be visible from Avona Avenue.

(G)      Condition 3 was amended in response to a request made by the applicant, to provide some flexibly regarding the location of additional tree plantings.

(H)      Condition 13 was amended to include the property at 14 Avona Avenue in the dilapidation report.

(I)        Condition 14 was added to provide further surety around the extent of investigations and concerns regarding structural impacts.

 

The motion was carried on the following show of hands:

Ayes (3)          The Chair (Mr Pearson), Mr Carter and A/Prof Thorpe

Noes (1)          Mr Kennedy

Mr Kennedy was of the opinion that whilst the development is permissible and compliant, the building in its current form does not address its role at the interface with the adjoining low scale residential area as sympathetically as it could have and was of the view a more restrained and considered approach to its expression would be appropriate in this location.

Motion carried.

D/2020/1453

Speakers

Ms Daniela Traini (objector), Ms Chris Newton (objector), Mr Ian Stephenson (objector), Mr Andrew Wilson (objector), Ms Lynette Kearney (objector), Mr Pierre Le Bas (objector), Mr Scott Wilson (objector), Mr Harry Bridge (objector), Louise Denver (objector), Roger West (objector), Melissa Wyner (objector), Peter Kohlhoff (objector), Mr Tim Cooper (Chapman Planning) – on behalf of the applicant, and Mr Matthew Young (3EM Architects) – on behalf of the applicant.