Decision details

The Panel granted consent to Development Application No. D/2022/101 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):

(6)        PLAN OF MANAGEMENT

(a)        The use must always be operated / managed in accordance with the Plan of Management, prepared by Fortress Sydney signed and dated 18 May 2022 (Council Record: 2022/287983) that has been approved by Council. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.

(a)        The Plan of Management submitted with this application is not approved. A revised plan indicating the location of the queues in front of the premises and Broadway entrance is to be provided in an updated Plan of Management. The updated Plan of Management must be submitted to and approved by Council’s Area Coordinator Planning Assessments / Area Planning Manager prior to operation of the premises.

(b)        All entry and exit to the premises must be accessed via Broadway after midnight.

(10)     QUEUING

No persons are to be permitted to drink or queue outside the premises at any time. Security officers are to ensure that there is no queue for the premises and take all reasonable steps to ensure compliance with this condition.

            Remaining conditions to be renumbered accordingly.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposal is consistent with the objectives of the City Edge zone under Sydney Local Environmental Plan 2005.

(B)       The use is considered to be in keeping with the character of this location given its predominantly entertainment and retail uses.

(C)       The amended Plan of Management is acceptable.

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

(E)       The development, subject to conditions, will not unreasonably compromise the amenity of nearby properties.

(F)       The proposal, subject to conditions, is considered to be in the public interest.

(G)      Condition 6 was amended in line with a request by the applicant, to allow for queueing.

(H)       Condition 10 was deleted as queueing will be managed in accordance with the revised Plan of Management.

Carried unanimously.

D/2022/101