Decision details

The Panel granted consent to Development Application No. D/2021/1087 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):

(1)     APPROVED DEVELOPMENT

(a)     Development must be in accordance with Development Application No. D/2021/1087 dated 11 October 2021 and the following drawings prepared by Mecone Ltd:

Drawing Number	Drawing Name	Date
A1017	Location Plan – Existing	13/09/21
A1017	Proposed Location Plan	13/09/21
A1018	Location Plan – Existing	13/09/21
A1018	Proposed Location Plan	13/09/21
A1020	Location Plan – Existing	13/09/21
A1020	Proposed Location Plan	13/09/21
A04 1002	APT – Set Out	06/08/21
A04 1003	APT – Family Suite	06/08/21
A04 2001	APT Accessible – SF4-1 – AXO	06/08/21
A04 2002	APT Accessible – SF4-1 – Plan	06/08/21
A04 2003	APT Accessible – SF4-1 – RCP / Roof	06/08/21
A04 2004	APT Accessible – SF4-1 – Elevations	06/08/21
A04 2005	APT Accessible – SF4-1 – Sections	06/08/21
A04 2006	APT Ambulant + Accessible – SF4-2 – AXO	06/08/21
A04 2007	APT Ambulant + Accessible - SF4-2 -PLAN	06/08/21
A04 2008	APT Ambulant + Accessible – SF4-2 – RCP / Roof	06/08/21
A04 2009	APT Ambulant + Accessible – SF4-2 – Elevations	06/08/21
A04 2010	APT Ambulant + Accessible – SF4-2 – Sections	06/08/21
A04 1003	APT – Family Suite	18/08/21
IN01	Internal Details Accessible Booth	10/09/21
IN02	Internal Details Accessible Booth	10/09/21
G1 Rev A	APT GREEN ROOF & WALL DETAILS	07/12/21
G1 Rev A	APT GREEN ROOF & WALL DETAILS	07/12/21
-	Fytogreen Top Hat Fixing Batten Typical Drawing	23/11/21

 

and as amended by the conditions of this consent.

(b)     In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.

(2)     APTs NOT APPROVED

(a)     The APT located in Erskineville Square (A1016) is not approved as part of this consent and is deleted.

(b)     The APT located on Cowper Wharf Road (A1020) is not approved as part of this consent and is deleted. Any consideration of a public toilet in this location would require an urban design analysis to ensure appropriate siting, including consideration of social impacts on nearby residential premises, prior to any application for approval being sought.

(6)       COWPER WHARF ROAD APT - SIGNAGE CONTENT MANAGEMENT

(a)       A minimum of 10% of the screen time of all advertising displays is to be used for material and content managed by the City of Sydney to advertise public information, community messages and promotion of events.

(b)       The panels shall also be used to display health information and be used to assist public safety such as instant messaging should an emergency arise.

(7)       COWPER WHARF ROAD APT - DIGITAL SIGNAGE – ADDITIONAL REQUIREMENTS

The approved digital signage must ensure the following:

(a)       The digital display must have a minimum dwell time for advertisements of 10 seconds, where the speed limit is below 80km/h;

(b)       The digital display must have a minimum dwell time for advertisements of 25 seconds, where the speed limit is above 80km/h;

(c)       The transition time between advertisements is to be no longer than 0.1 seconds;

(d)       The digital display screen must have a default black display when the signage is off or is malfunctioning;

(e)       The digital display must not contain/use:

(i)         Flashing or flickering lights or content;

(ii)        Animated display, moving parts or simulated movement;

(iii)      Complex display that hold a driver’s attention beyond “glance appreciated”;

(iv)      The image must not be capable of being mistaken:

a.         for a prescribed traffic control device because it has, for example, red, amber or green circles, octagons, crosses or triangles or shapes or patterns that may result in the advertisement being mistaken for a prescribed traffic control device;

b.         as text providing instructions to drivers;

(v)       A method of illumination that distracts or dazzles; and

(vi)      Dominant use of colours red or green.

(f)        Message sequencing designed to make a driver anticipate the next message is prohibited across images presented on a single sign and across a series of signs.

(8)       COWPER WHARF ROAD APT - SIGN ILLUMINATION

(a)     At no time is the intensity, period of intermittency and hours of illumination of the sign to cause objectionable glare or injury to the amenity of the neighbourhood and as such must be designed, installed and used in accordance with AS4282-1997 Control of Obtrusive Effects of Outdoor Lighting.

(c)     The maximum night time luminance of any sign is not to exceed 300 cd/sqm.

(e)     Upward facing light sources onto the signage is not permitted.

(9)       COWPER WHARF ROAD APT - ENERGY SOURCE OF DIGITAL ADVERTISING PANELS

In accordance with Section 3.16.4(6) of Sydney DCP 2012, the digital advertising signage panels are to be powered by:

(a)       Onsite renewable energy of a capacity to provide the energy required to illuminate the signs; or

(b)       The purchase of a renewable energy product offered by an electricity supplier equivalent to the estimated annual amount of electricity used.

(21)    PLAN OF MANAGEMENT

The use must always be operated / managed in accordance with the Plan of Management, prepared by Mecone Ltd dated 11 October 2021, which has been approved by Council. 

            Remaining conditions to be renumbered accordingly.

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 appropriate conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Local Planning Panel.

(B)      The development, subject to conditions, is consistent with the objectives of the Public Recreation zone under Chapter 4 of the State Environmental Planning Policy (Precincts - Eastern Harbour City) 2021 - Chapter 4 City West.

(C)      The development, subject to conditions, is consistent with the objectives of the RE1 Public Recreation zone and the B4 Mixed Use zone under Sydney Local Environmental Plan 2012.

(D)      The development is compatible the character of the University of Sydney and Royal Prince Alfred Hospital Special Character Area.

(E)      Appropriate conditions are recommended to ensure the development does not adversely impact on the heritage significance of nearby sites.

(F)      The development, subject to conditions, will promote the orderly operation of the automated public toilets.

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

(H)      The public interest is served by the approval of the proposal, as additional information to the development application has addressed the matters raised by the City and the community, subject to recommended conditions.

(I)        Conditions 1 and 2 were amended and Conditions 6, 7, 8 and 9 were deleted, to remove reference to the Cowper Wharf Road automatic public toilet (A1020), which was not approved due to concerns regarding its location and the resultant impacts on nearby residents.

(J)       Condition 21 was added to ensure the ongoing upkeep of the approved automatic public toilets, in accordance with the approved Plan of Management.

Carried unanimously.

D/2021/1087