Decision details

Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, the Panel granted deferred commencement consent to Development Application No. D/2021/1336 for alterations and additions and change of use, 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):

(8)        PLAN OF MANAGEMENT

(a)        The Plan of Management titled ‘Sex on-premises Site and Liquor Licence’, prepared by Town Planning Group Pty Ltd dated December 2021, is to be amended prior to the issue of a Construction Certificate or the use commencing, as follows:

(i)          To ensure consistency with all conditions of this development consent.

(ii)         A waste management plan that outlines the procedures for minimising and managing waste that is generated by the premises. This should address such matters as disposal of bottles, details of waste management facilities, waste collection and storage areas.

(iii)       To refer to waste storage areas being provided and stored within the building at all times.

(b)        The use must always be operated / managed in accordance with the Plan of Management, submitted to satisfy the condition.

(20)     WASTE AND RECYCLING MANAGEMENT - COMMERCIAL

(a)     A Waste and Recycling Management Plan, which addresses and provides information justifying any inconsistencies with, where practical, the requirements as set out in Council’s Guidelines for Waste Management in New Developments 2018, is to be approved by Council’s Area Planning Manager the Principal Certifying Authority prior to a Construction Certificate being issued.

(b)     All requirements of the approved Waste and Recycling Management Plan must be implemented during construction and operation of the development and include:

(i)       Dedicated space to be provided within the development for the storage and recycling of bulky waste, problem waste, strip out and food waste.

(ii)      Collection points for waste and recycling must be wholly located within the boundary of the development.

(iii)     The nominated waste and recycling storage areas must be constructed to meet the relevant conditions required by the City’s Guidelines for Waste Management in New Developments 2018.

(iv)     Provision and storage within the boundary of the development of waste and recycling receptacles and any bulky waste at all times.

(v)      Commercial tenancies must have a commercial waste contract(s) in place prior to commencement of business trading.

(vi)     The path of travel between the bin storage areas/bulky waste storage areas and the designated waste/recycling collection point is to have a minimum 1,200mm wall-to-wall clearance, be slip-proof, of a hard surface, be free of obstructions and at no point have a gradient exceeding 1:14. The use of a lift is permitted, but consideration should be given to the inclusion of a service lift in this instance.

          Note: The building manager/strata title manager or body corporate is responsible for ensuring all tenants are kept informed regarding Council’s policies, and best practice waste and recycling source separation.

UPON COMPLETION OF THE DEVELOPMENT

(c) (b) Prior to any Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifier must ensure that waste handling works have been completed in accordance with: the Waste and Recycling Management Plan; other relevant development consent conditions; and Council's Guidelines for Waste Management in New Developments 2018.

Reasons for Decision

The application was approved for the following reasons:

(A)       The development, subject to conditions, is consistent with the objectives of the B2 Local Centre zone.

(B)       Appropriate conditions are imposed to ensure the development does not detrimentally impact on the heritage significance of the site.

(C)       The development will not adversely affect the character of the Oxford Street, Darlinghurst locality and the Oxford Street Heritage Conservation Area.

(D)       The development, subject to conditions, will safeguard neighbourhood amenity and will promote the orderly operation of the premises.

(E)       The development accords with objectives of relevant planning controls.

(F)        Condition 8 was amended to confirm that the Plan of Management is to be amended before the issue of a Construction Certificate, in circumstances where the use is ongoing.

(G)       Condition 20 was amended to ensure the Waste and Recycling Management Plan is both operable and approved by Council.

Carried unanimously.

D/2021/1336