Decision details

The Panel:

(A)       upheld the variation requested to the Sydney LEP 2012 building height development standard in accordance with clause 4.6 'exceptions to development standards' of the Sydney LEP 2012;

(B)       upheld the variation requested to the Sydney LEP 2012 floor space ratio development standard in accordance with clause 4.6 'exceptions to development standards' of the Sydney LEP 2012; and

(C)       granted consent to Development Application No. D/2021/1498 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)        DESIGN MODIFICATIONS

Prior to the issue of a Construction Certificate, the design of the building must be modified as follows:

(a)        The height of the balcony privacy screens to the north-west and south-east sides of the Level 3 balcony and to the north-west side of the Level 2 balcony are to be reduced in height from 1.8 metres to 1.6 metres. 

(a)        Planter boxes are to be provided to the Level 2 terrace area to provide increased amenity for the occupants of Apartment 1 and the surrounding neighbours.

(b)        The balustrade and side privacy screen treatment of the Level 3 balcony must be revised to provide a uniform appearance. To reduce the bulk of the Level 3 balcony, the balustrade timber battens and privacy screens must not extend below the underside of the balcony floor level.

(c)        The privacy screen provided to the Level 2 roof terrace must be continued for the entirety of the Forsyth Street frontage (south-east boundary) and the entirety of the north-west boundary.

Details illustrating compliance with this condition shall be submitted to and approved by the City’s Area Planning Manager prior to the issue of a Construction Certificate.

Reasons for Decision

The application was approved for the following reasons:

(A)       The development complies with the objectives of the B2 Local Centre zone pursuant to the Sydney LEP 2012.

(B)       Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:

(i)         the applicant’s written requests have each 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 and floor space ratio development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clauses 4.3 and 4.4 of the Sydney LEP 2012; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the B2 Local Centre zone and the objectives of the height of buildings development standard and the floor space ratio development standard.

(C)       Having considered the matters in Clause 6.21C(2) of the Sydney LEP 2012, the building displays design excellence because:

(i)         the materials and detailing are compatible with existing heritage building and will contribute positively to the character of the conservation area;

(ii)        the alterations and additions will not impact on any view corridors and will not result in any detrimental environmental impacts in terms of overshadowing, visual privacy or noise; and

(iii)       the proposed bulk, massing and modulation of the subject building is acceptable.

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

(E)       Suitable conditions of consent have been applied and the development is considered to be in the public interest.

(F)       Condition 6 was amended to provide more uniformity in the appearance of the balcony and terrace.

Carried unanimously.

D/2021/1498