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/2021/1171 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):

(11)   PLAN OF MANAGEMENT

(a)     The use must always be operated / managed in accordance with the Plan of Management, prepared by Design Collaborative dated February 2022 that has been approved by Council. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.

(b)     The Plan of Management is to be amended to reflect the approved hours of operation and other operational requirements for each component of the premises as listed in the conditions of this consent, including requiring staff to advise patrons about arrangements for booking a taxi to depart the premises.

(c)     The amended Plan of Management is to be submitted to Council’s Area Coordinator Planning Assessments or Area Planning Manager and approved prior to issue of Occupation Certificate.

Reasons for Decision

The application was approved for the following reasons:

(A)      The use is permissible within the B8 - Metropolitan Centre and RE1 - Public Recreation zones.

(B)      The use is considered to be in keeping with the area, given its predominantly entertainment character.

(C)      The submitted Plan of Management has been assessed as acceptable. It satisfactorily addresses the operational, safety and security requirements of the premises.

(D)      The development is consistent with the objectives of the Sydney Development Control Plan 2012.

(E)      In order to facilitate the consolidation of the operational aspects of the premises into a single development consent, appropriate deferred commencement consent conditions are recommended for the surrender of the existing relevant development consents.

(F)      Condition 11 was amended to ensure the amended Plan of Management is submitted to and approved by Council, so as to ensure consistency with conditions of consent, prior to the issuing of an Occupation Certificate.

Carried unanimously.

D/2021/1171