Development Application: 37-49 Pitt Street, 49A-57 Pitt Street, 6-8 Underwood Street, 6 Dalley Street and 8-14 Dalley Street, Sydney - D/2021/665

Decision Maker: Central Sydney Planning Committee

Decision status: Recommendations Determined


Moved by the Chair (the Lord Mayor), seconded by Councillor Kok –

It is resolved that:

(A)       the variation requested to height of buildings in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld; and

(B)       consent be granted to Development Application No. D/2021/665 subject to the conditions set out in Attachment A to the subject 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 provisions of the Sydney Local Environmental Plan 212 and the Sydney Development Control Plan 2012, particularly the site-specific provisions for the development site within the APDG block.

(C)       The articulation, materiality and architectural contribution of the proposal combine to exhibit design excellence in accordance with the relevant provisions and matters for consideration in Part 6 Division 4 of the Sydney Local Environmental Plan 2012.

(D)       The proposed development is consistent with the design intent of the winning scheme of a competitive design process, held in accordance with the City of Sydney Competitive Design Policy.

(E)       The proposed development has a height, scale and form suitable for the site and its context, and subject to conditions, satisfactorily addresses the heights and setbacks of neighbouring developments, is appropriate in the streetscape context and setting of the Central Sydney locality.

(F)       Subject to the recommended condition of consent, the proposed development achieves acceptable amenity for the existing and future occupants of the subject and adjoining sites.

(G)      The proposal is consistent with the terms of the Planning Agreement that is registered on the site.

(H)       Based upon the material available to the 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 LEP 2012, that compliance with the height of buildings 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; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the B8 Metropolitan Centre zone and the height of buildings development standard.

Carried unanimously.



Report author: Marie Burge

Publication date: 21/03/2022

Date of decision: 17/03/2022

Decided at meeting: 17/03/2022 - Central Sydney Planning Committee

Accompanying Documents: