Decision details

Moved by the Chair (the Lord Mayor), seconded by Mr Whitworth -

It is resolved that pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2021/319 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):

(48)  SHOPPING TROLLEY MANAGEMENT PLAN

A management plan must be submitted to and approved by Council prior to the issue of an Occupation Certificate for the supermarket use. The management plan is to detail the proposed method of retaining trolleys on site, trolley tracking and trolley recovery. Trolleys must remain and be contained within the boundary of the supermarket. The management plan must be implemented at all times during the use of shopping trolleys and is to be reviewed on an as needed basis or annually whichever is sooner. Any changes to the plan are to be approved by Council in writing prior to the amendment of the plan.

Reasons for Decision

The application was granted deferred commencement approval 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 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development and the Apartment Design Guide.

(C)       The proposal generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012, particularly the site-specific provisions for the development site per section 6.37 of the Sydney Local Environmental Plan 2012.

(D)       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.

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

(F)       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 Green Square locality.

(G)      The proposed mix of compatible land uses will support the vitality of the area and do not result in any significant adverse environmental or amenity impacts on the subject or surrounding properties, the public domain and the broader Green Square locality, subject to the recommended conditions.

(H)       The proposed development facilitates the improvement of the public domain by way of dedication of land along Bourke Street for footpath widening, provision of easement and covenant for public access along Botany Road and Developer Works.

(I)         Condition 48 was deleted as it duplicates a condition regarding supermarket trolleys already approved under the base consent.

Carried unanimously.

D/2021/319

Speakers

Jessica Ford (Urbis) – on behalf of the applicant, addressed the meeting of the Central Sydney Planning Committee on Item 5.