Decision details

Moved by the Chair (the Lord Mayor), seconded by Ms Abbie Galvin –

It is resolved that consent be granted to Section 4.55 Application No. D/2019/686/A subject to the amendment of the following conditions (additions shown in bold italics, deletions shown in strikethrough), as follows:

(2)        APPROVED DEVELOPMENT

(a)        Development consent is limited to a concept plan building envelope and indicative land uses including office premises, shops and ancillary car parking, in accordance with Development Application No D/2019/686 dated 22 July 2019 D/2019/817 dated 1 August 2019 and the following drawings prepared by Hassell Bates Smart:

           

Drawing Number	Drawing Name	Date
DA 106 DA_1_0002	Building Envelope Street Elevations	March 2020 21 April 2021
DA 109 DA_1_0003	Building Envelope Plans	March 2020 21 April 2021
DA 115 DA_1_0003	Deep Soil Zone	March 2020 21 April 2021

            and as amended by the conditions of this consent.

(b)        In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.

(Amended – D/2019/686/A – 11 November 2021)

(4)        DETAILED DESIGN

(a)        The detailed design development application must address the following requirements:

(i)         A deep soil zone with a minimum area of 297 288.4 sqm and minimum dimension of 3m must be provided within the new property boundaries. Deep soil zones must be unencumbered by structures within, above or below the zone, and must be adequately remediated as necessary.

(ii)        All elevations should be designed with at least two distinct building components each with its own architectural character, having regard to Section 4.2.4 of the Sydney DCP 2012.

(iii)       The alignment of the street wall at the northern elevation is to match Geddes Avenue and address the street wall relationship with 338 Botany Road to the east.

(iv)       Facade activation of all street facing elevations and through-site link to be developed further. O’Riordan Street in particular is to comply with Section 3.2.3 of the Sydney DCP 2012 with regard to active frontages.

(v)        Any exposed blank walls should be provided with a visually interesting treatment of high quality design.

(vi)       Any required substation is to be integrated into the fabric of the building and must not be a free standing kiosk substation. The substation should not compromise activation of the streetscape or public domain.

(vii)      All roof level services are to be concealed within an integrated parapet wall. Enclosures and screening of any plant areas and essential services are to be of high quality material equal in standard to the facade.

(viii)     The floor to ceiling heights and floor to floor heights must comply with the minimum heights specified in Section 4.2.1.1 of the Sydney DCP 2012.

(ix)       The provision of green wall/s and roofs should be explored in accordance with the provisions of Section 5.8.7.4 of the Sydney DCP 2012. and

(x)        External sun shading, including passive shading, to any glazed elevations.  

(xi)       Appropriate privacy treatment must be incorporated on the eastern elevation to protect the visual privacy of any future residential developments to the east.

(b)        The competitive design process brief shall incorporate the above design requirements.

(Amended – D/2019/686/A – 11 November 2021)

 

(7)        BUILDING HEIGHT

The maximum building height including all roof top plant and equipment must not exceed the height of the approved envelope as approved under Condition 2 of this consent. 12m to Johnson Street and 22m to O’Riordan Street and Geddes Avenue as defined in Sydney LEP 2012.

(Amended – D/2019/686/A – 11 November 2021)

           

(14)      THROUGH SITE LINK

Any Stage 2/Detailed Design Development Application is to provide details of the location, dimensions and stratum limits (if any) of the a through site link that addresses the following requirements:

(a)          has a minimum width of 6 metres and be open to the sky;

(b)       be appropriately activated on the ground plane;

(c)        achieves the relevant wind comfort criteria of Sydney Development Control Plan 2012; and

(d)       be publicly accessible 24 hours a day.

The proposed Through Site Link which will also be the subject of an Easement for Public Access and associated Positive Covenant.

(Amended – D/2019/686/A – 11 November 2021)

Reasons for Decision

The application was approved for the following reasons:

(A)      The development, as modified, is substantially the same development as that originally approved and is consistent with Section 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.

(B)      The proposed modifications ensure that the detailed development application (D/2021/529) is consistent with the concept approval, in order to satisfy Section 4.24 of the Environmental Planning and Assessment Act 1979.

(C)      The proposal generally satisfies the objectives and relevant provisions of the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012. Where non-compliances exist, they have been demonstrated to be acceptable in the circumstances of the case.

(D)      The modified building envelope can accommodate a building design which is capable of exhibiting design excellence in accordance with Clause 6.21 of the Sydney local Environmental Plan 2012.

(E)      The increased height and bulk of the building envelope are in keeping with the desired future character of the area. These variations are reasonable and justified with regard to the concurrent detailed DA (D/2021/529).

(F)      The changes to the approve building envelopes are appropriate and are not likely to significantly impact the overall use of the building or the amenity of surrounding sites or locality.

(G)      The development, as amended, will remain consistent with the executed Voluntary Planning Agreement (VPA/2019/16).

(H)      The development as modified is in the public interest.

Carried unanimously.

D/2019/686/A