Section 4.55 Application (D/2019/817/B) and Development Application (D/2021/977) - 23-27 Bourke Road and 41-43 Bowden Street, Alexandria
Decision Maker: Central Sydney Planning Committee
Decision status: Recommendations Determined
Decision:
Moved by the Chair (the
Lord Mayor), seconded by Councillor Scully -
It is resolved that:
(A)
consent be
granted to Section 4.55 Modification Application No.
(B)
subject to
consent being granted under (A) above, that consent be granted to Development
Application No.
(C)
the variation
requested under D/2021/977 to Cl. 4.3 - 'Height of Buildings' in accordance
with Clause 4.6 'Exceptions to development standards' of the Sydney Local
Environmental Plan 2012 set out in Attachment E to the subject report be
upheld.
Reasons for Decision
The applications were
approved for the following reasons:
Concept Modification
Application 4.55(2) – D/2019/817/B
(A)
The modified
development is consistent with the objectives contained in the Sydney Local
Environmental Plan (LEP) 2012 and the Sydney Development Control Plan 2012,
subject to conditions.
(B)
The
modification is considered to be substantially the same as that originally
approved and satisfies Section 4.55(1A) of the Environmental Planning and
Assessment Act 1979.
(C)
The small
section of increased building envelope and the modification of conditions to
allow rooftop treatments and services and shade devices on the façade is not
considered to have detrimental impact on surrounding properties, the public
domain nor the design intent of the winning scheme of the competitive design
process. These modifications also meet the requirements of the design
excellence provisions in the Sydney LEP.
(D)
For the
reasons outlined above and as detailed in the report to Central Sydney Planning
Committee, the proposed development is in the public interest subject to
conditions.
Detailed Design
Development Application -D/2021/977
(A) Subject to the adoption of Council officer recommendations that amend the concept development consent, the proposed Detailed Design DA satisfies Section 4.24(2) of the Environmental Planning and Assessment Act, 1979. The Detailed Design DA will not be inconsistent with the concept plan as modified under D/2019/817/B.
(B)
The Detailed
Design DA delivers community infrastructure commitments made under the
associated executed Voluntary Planning Agreement.
(C)
The
development is consistent with the objectives contained in the Sydney Local
Environmental Plan (LEP) 2012 and the Sydney Development Control Plan 2012,
subject to conditions.
(D)
The articulation,
materiality and architectural contribution of the detailed design proposal
combine to exhibit design excellence in accordance with the relevant provisions
and matters for consideration in Clause 6.21 of the Sydney Local Environmental
Plan 2012, subject to conditions.
(E)
The proposed
development is considered to be generally 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.
(F)
The proposed
development has a height, scale and form suitable for the site and its context,
and is appropriate in the streetscape context and setting of the broader
locality, subject to conditions.
(G)
The proposal
is generally consistent with the provisions of the Sydney Development Control
Plan (DCP) 2012, particularly the Green Square and Southern Employment Lands
provisions that apply to the site, being Sections 5.2 and 5.8; and
(H)
Based upon
the material available to the
(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 LEP 2012; and
(ii)
the proposal
is in the public interest because it is consistent with the objectives of the
B6 Enterprise Corridor zone and the Height of Buildings development standard.
Carried unanimously.
D/2019/817/B
D/2021/977
Report author: Nicholas Beck
Publication date: 13/04/2022
Date of decision: 07/04/2022
Decided at meeting: 07/04/2022 - Central Sydney Planning Committee
Accompanying Documents:
- Section 4.55 Application (D/2019/817/B) and Development Application (D/2021/977) - 23-27 Bourke Road and 41-43 Bowden Street, Alexandria PDF 3 MB
- Attachment A - Concept Modification Application - Recommended Conditions of Consent PDF 418 KB
- Attachment B - Detailed Design Development Application - Recommended Conditions of Consent PDF 677 KB
- Attachment C - Selected Drawings - Concept Modification Application PDF 789 KB
- Attachment D - Selected Drawings - Detailed Design DA PDF 13 MB
- Attachment E - Clause 4.6 Variation Request - Height of Buildings PDF 3 MB
- Attachment F - Detailed Design DA Landscape Plans PDF 7 MB