Decision details

The Panel:

(A)       upheld the variation requested to the 'height of buildings' development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;

(B)       upheld the variation requested to the 'floor space ratio' development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(C)       granted consent to Development Application No. D/2022/879 subject to the conditions set out in Attachment A.

Reasons for Decision

The application was approved for the following reasons:

(A)       The development complies with the objectives of the R1 General Residential zone pursuant to Sydney Local Environmental Plan 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 request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney Local Environmental Plan 2012, that compliance with the 'height of buildings' and 'floor space ratio' development standards are unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clauses 4.3 and 4.4 of the Sydney Local Environmental Plan 2012; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the R1 General Residential zone and the 'height of buildings' and 'floor space ratio' development standards.

(C)       The development exhibits design excellence under Clause 6.21C of Sydney Local Environmental Plan 2012.

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

Carried unanimously.

D/2022/879