Section 4.55 Application: 169-183 Liverpool Street, Sydney - D/2019/992/A
PDF 172 KBDecision Maker: Central Sydney Planning Committee
Decision status: Recommendations Determined
Decision:
Moved by the Chair (the Lord Mayor), seconded by Councillor Chan -
It is resolved that consent be granted to Section
4.55 Application Number strikethrough (deletions), as follows):
(2) APPROVED DEVELOPMENT
(a)
Development
must be in accordance with Development Application No. D/2019/992 dated 6
September 2019 27 September 2023 and the following drawings prepared by Crone
Partners Pty Ltd Bates Smart:
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27/09/23 |
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27/09/23 |
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27/09/23 |
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Building Envelope Plan
Level 2-6 |
S1DA-01.04 Revision E |
27/09/23 |
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Proposed Envelope Axonometric Views |
DA- A- 10530 S1DA-03.01 Revision E |
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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.
Amended
by D/2019/992/A on 19 October 2023
(12) THROUGH SITE LINK DESIGN
The through site link design in any future
competitive design process and subsequent detailed design development
application must be in accordance with the minimum requirements set out in the
relevant objectives and provisions of Section 3.1.2.2 of the Sydney Development
Control Plan 2012, including the following:
(a)
Being direct and accessible to all 24 hours a day;
(b)
Having a clear line of sight between public places;
(c)
Being open to the sky (excluding the area
contained within the ‘Urban Room’);
(d)
Being easily identifiable and including wayfinding
measures;
(e)
Including materials and finishes consistent with
adjoining streets and public spaces;
(f)
Being clear of obstructions and structures;
(g)
Including landscaping; and
(h)
Providing active frontages.
Amended
by D/2019/992/A on 19 October 2023
(17) ECOLOGICALLY SUSTAINABLE DEVELOPMENT
(a) Details are to be provided with the subsequent development application for the detailed design of the buildings to confirm that the buildings have adopted the Ecologically Sustainable Development (ESD) targets outlined in The ‘175 Liverpool Street Concept Development Application ESD Design Report’, reference REP-ESD-001, revision 2, prepared by Arup and dated 18 June 2020 (Council reference TRIM 2020/267925).
(b) These targets must include, at a minimum:
(i) For the residential apartment component of the development:
a. A BASIX energy score of at least 35 points or better;
b. A BASIX water score of at least 50 points or better;
(ii) For the commercial component of the development:
a. A NABERS Energy rating of 5.5 stars or better; and
(c) The ESD targets must be included in the competitive design process brief and carried through the competitive design process phase, design development, construction, and through to completion of the project.
Amended
by D/2019/992/A on 19 October 2023
(18) PUBLIC ART
(a) The ‘Preliminary Public Art Plan’, reference 15914/2190217, version D, dated 19 June 2020 and prepared by Ethos Urban (Council reference TRIM 2020/267917) must be incorporated into the competitive design process brief.
(b)
The
artist brief and shortlist must be presented to the City of Sydney’s Public Art
Unit prior to any competitive process for the public artwork being undertaken.
(c)
Selected artists concepts must be presented to the City of
Sydney’s Public Art Unit prior to the development and submission of any
detailed public art plans with a subsequent detailed design development
application.
(d) A detailed Public Art Strategy, based upon the preliminary strategy referred to in (a) above, must be prepared and submitted with any subsequent detailed design development application.
(e)
All public artwork must be in accordance with
the relevant objectives and provisions of the Sydney Development Control Plan
2012, the City of Sydney Public Art Policy, and the City of Sydney Interim
guidelines: public art in private developments.
Note: All public
art must be reviewed and endorsed by the City’s Public Art Unit and/or the City
of Sydney Public Art Advisory Panel, prior to submission for Council approval.
Amended
by D/2019/992/A on 19 October 2023
(25) DEMOLITION, EXCAVATION AND CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN
Any subsequent detailed design
development application must be accompanied by a A
site-specific Demolition, Excavation and Construction Noise and
Vibration Management Plan must be prepared prior to the issue of any
Construction Certificate for any subsequent detailed design development
application.
The Demolition, Excavation and
Construction Noise and Vibration Management Plan must be prepared by a suitably
qualified person who possesses the qualifications to render them eligible for
membership of the Australian Acoustic Society, Institution of Engineers Australia
or the Australian Association of Acoustic Consultants.
The Demolition, Excavation and Construction Noise
and Vibration Management Plan must include but not be limited to the following:
(a) Identification of noise sensitive receivers near to the
site.
(b) The
proposed hours of all construction and work on the development including
building / demolition and excavation work, and activities in the vicinity of
the site generating noise associated with preparation for the commencement of
work (e.g. loading and unloading of goods, transferring of tools etc.), in
connection with the proposed development.
(c) A
prediction as to the level of noise impact likely to affect the nearest noise sensitive receivers from the use and proposed number
of high noise intrusive appliances intended to be operated onsite. A statement
should also be submitted outlining whether or not predicted noise levels will
comply with the noise criteria stated within the City of Sydney Construction Hours / Noise Code of Practice 1992 for
the typical construction hours of 7.00am to 7.00pm. Where resultant site noise
levels are likely to be in exceedance of this noise criteria then a suitable
proposal must be given as to the duration and frequency of respite periods that
will be afforded to the occupiers of neighbouring property.
(d) A
representative background noise measurement (LA90, 15 minute) should
be submitted, assessed in the
vicinity of any potentially affected receiver locations and measured in
accordance with AS 1055:1.2.1997.
(e) Confirmation
of the level of community consultation that has/is and will be undertaken with
Building Managers/occupiers of the main adjoining noise sensitive properties likely to be most affected by
site works and the operation of plant/machinery particularly during the
demolition and excavation phases.
(f) Confirmation
of noise monitoring methodology that is to be undertaken during the main stages
of work at neighbouring noise sensitive properties in order to keep complaints
to a minimum and to ensure that noise from site works complies with the noise criteria contained within City's
Construction Noise Code where
possible.
(g) What
course of action will be undertaken following receipt of a complaint concerning
offensive noise.
(h) Details
of any noise mitigation measures that have been outlined by an acoustic
consultant or otherwise that will be deployed on site to reduce noise impacts
on the occupiers of neighbouring noise sensitive property to a minimum.
(i) What plant and equipment is to be used on site, the
level of sound mitigation measures to be undertaken in each case and the
criteria adopted in their selection taking into account the likely noise
impacts on the occupiers of neighbouring property and other less intrusive
technologies available.
Amended
by D/2019/992/A on 19 October 2023
(31) STREET TREES
(a)
All
street trees adjoining the site must be included for retention with any subsequent
detailed design development application excluding street trees approved for removal under Development
Consent D/2022/614.
(b)
Any
design elements (awnings, street furniture, footpath upgrades etc.) within the
public domain in a subsequent detailed design development application must
ensure appropriate setbacks are provided from the street tree to allow maturity
of the tree to be achieved.
(c)
The
location of any driveway must ensure that the removal of any existing street
tree is not required. Any driveway must be appropriately setback so as it does
not adversely impact on any existing street tree both below and above ground.
Amended
by D/2019/992/A on 19 October 2023
Reasons for Decision
The application is approved for the following reasons:
(A) The development, as modified, is substantially the same development as that originally approved and is consistent with Section 4.55(2)(a) of the Environmental Planning and Assessment Act, 1979.
(B) The proposed modification ensures that the detailed design development application is consistent with the concept approval, in order to satisfy Section 4.24 of the Environmental Planning and Assessment Act, 1979.
(C) The proposed modification is consistent with and is considered acceptable having regard to the reasons given for the original approval in accordance with Section 4.55(3) of the Environmental Planning and Assessment Act, 1979.
(D) The proposal is consistent with the aims, objectives and relevant provisions of the Sydney LEP 2012 and Sydney DCP 2012 for the reasons set out in the report.
(E) The modified building envelope can accommodate a building design which is capable of exhibiting design excellence in accordance with Clause 6.21C of the Sydney LEP 2012.
(F) The changes to the approved building envelope are not likely to significantly impact the overall use of the building or the amenity of surrounding sites or locality.
Carried unanimously.
D/2019/992/A
Report author: Mia Music
Publication date: 19/10/2023
Date of decision: 19/10/2023
Decided at meeting: 19/10/2023 - Central Sydney Planning Committee
Accompanying Documents: