Decision details

Moved by the Chair, seconded by Councillor Scully –

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 Sydney Local Environmental Plan 2012 be upheld; and

(B)      consent be granted to Development Application No. D/2021/529 subject to the conditions set out in Attachment A to this report.

Reasons for Decision

The application was approved for the following reasons:

(A)      The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the imposition of conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Central Sydney Planning Committee.

(B)      The proposal generally satisfies the objectives and relevant provisions of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 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.

(C)      Based upon the material available to the Central Sydney Planning Committee at the time of determining this application, the Committee 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 Local Environmental Plan 2012, that compliance with the 'height of building' development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening Clause 4.3 of the Sydney Local Environmental Plan 2012.

(ii)        The proposal is in the public interest because it is consistent with the objectives of the B7 Business Park zone and the 'height of building' development standard.

(D)      The development is consistent with the amended concept approval for the site, being D/2019/686/A and the executed Voluntary Planning Agreement (VPA/2019/16).

(E)      The development is consistent with the design intent of the winning scheme of a competitive design process. The scale, form, articulation, materiality, and environmental performance of the proposal is consistent with the desired future character of the locality and exhibits design excellence to satisfy Clause 6.21 of Sydney Local Environmental Plan 2012.

Carried unanimously.

D/2021/529