Decision details

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

It is resolved that:

(A)       deferred commencement consent be granted to Development Application No. D/2021/1504 subject to the conditions set out in Attachment A to the subject report to the Central Sydney Planning Committee on 15 September 2022, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

Part B – Recommended Conditions of Consent

Schedule 1A 

(9)    FURTHER INVESTIGATIONS AND ASSESSMENTS MUST BE PREPARED PRIOR TO DESIGN COMPETITION

(b)  Survey – Fabric Investigation of the Existing Buildings

Measured plans, cross-sections and front elevations, as well as a detailed fabric investigation of the front façades, awnings and front bays of commercial terraces, including both structural and architectural elements. The surveyed drawings and fabric investigation must be included as an appendix to the competitive design brief. The fabric investigation and The detailed surveyed drawings should be used to inform the future design development and develop the schedule of heritage conservation work.

(c)   Structural Strategy

A structural report prepared by a practicing structural engineer experienced in dealing with heritage buildings/retaining historic fabric must be prepared prior to the commencement of any competitive design process. The report is to investigate and make recommendations on how retained building elements can be retained, supported and not undermined by the proposed development having regard to the underground site constraints. The structural report is to inform the future design development and must be included as an appendix to the competitive design brief.

(9A) FURTHER INVESTIGATIONS AND ASSESSMENTS MUST BE PREPARED PRIOR TO ANNOUNCEMENT OF DESIGN COMPETITION WINNER

(a)   Survey - Fabric Investigation of the Existing Buildings

A detailed fabric investigation of the front facades, awnings and front bays of commercial terraces, including both structural and architectural elements is to be prepared and submitted to Council prior to the announcement of a design competition winner. The fabric investigation and surveyed drawings of the existing buildings must be used to inform the future design development and develop the schedule of heritage conservation work.

(b)  Structural Strategy

A structural report prepared by a practicing structural engineer experienced in dealing with heritage buildings/retaining historic fabric must be prepared and submitted to Council prior to the announcement of a design competition winner. The report is to investigate and make recommendations on how retained building elements can be retained, supported and not undermined by the proposed development having regard to the underground site constraints. The structural report is to inform the future design development of any subsequent detailed (Stage 2) development application.

(B)       the amended 'Design Excellence Strategy' for 372-382A Pitt Street, Sydney, prepared by Urbis and dated August 2022, as shown in Attachment D to the subject report, be approved pursuant to Section 3.3.1 of the Sydney Development Control Plan 2012 and Section 1.2 of the Competitive Design Policy.

Reasons for Decision

The application was approved for deferred commencement 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 appropriate 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 provisions of Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(C)       The proposal is consistent with the objectives of the B8 Metropolitan Centre Zone.

(D)       The building envelope complies with the maximum height of buildings development standard in Clause 4.3 and 6.17 of the Sydney Local Environmental Plan 2012. The building envelope complies with the Belmore Park sun access plane.

(E)       The indicative reference design accompanying the application demonstrates that the envelope can accommodate a building which complies with the maximum floor space ratio development standard in Clause 4.4, including additional floor space pursuant to Clause 6.4 of the Sydney Local Environmental Plan 2012. The building envelope provides capacity for an additional 10% of floor space available under Clause 6.21D of the Sydney Local Environmental Plan 2012 for any subsequent detailed building design resulting from a design competition process and demonstrating design excellence.

(F)       The proposed development does not result in any adverse impacts on the adjacent local heritage items, including the Sydney Masonic Centre and Civic tower, Museum Towers, or Civic Hotel in accordance with Clause 5.10 of the Sydney Local Environmental Plan 2012. The proposal seeks meaningful retention of six out of the seven existing terraces (no heritage status), adaptive reuse and integration of the terraces into the development in keeping with Section 3.9 and 3.10 of the Sydney Development Control Plan 2012.

(G)      The indicative reference design accompanying the application demonstrates that the proposed development is generally consistent with the provisions of the State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development (SEPP 65) and the Apartment Design Guide (ADG).

(H)       The proposed development has a height and form suitable for the site and its context, and subject to conditions, satisfactorily addresses the height, separation, and setbacks of neighbouring developments, is appropriate in the streetscape context and broader locality.

(I)         The proposed development will provide a building envelope capable of accommodating a future building which can achieve acceptable amenity for future residents for solar access, natural ventilation, private open space and privacy.

(J)        The proposed building envelope can accommodate the proposed uses and does not result in any significant adverse environmental or amenity impacts on surrounding properties, the public domain and the broader Sydney Central Business District, subject to conditions on a subsequent future Stage 2 detailed design development application.

(K)       The public interest is served by the approval of the proposal, as amendments to the development application have addressed the matters raised by the City, the City's Design Advisory Panel, and the community, subject to recommended conditions included in Attachment A.

(L)        Condition 9 was amended to provide additional time for the applicant to undertake the required investigations and assessments, whilst providing certainty that recommendations and findings of these reports will be incorporated into any subsequent detailed Stage 2 development application.

Carried unanimously.

D/2021/1504