Decision details

The Panel refused consent for Development Application No. D/2022/592 for the reasons outlined below.

Reasons for Decision

The application was refused for the following reasons:

Failure to exhibit design excellence

(A)       The proposed development fails to demonstrate design excellence, as it:

(i)         fails to deliver a high standard of architectural and urban design that is appropriate for the location;

(ii)        has a form and external appearance that will detract from the quality and amenity of the public domain;

(iii)      detrimentally impacts on the view corridor of Renwick Street and Dibbs Street; and

(iv)      fails to respect the heritage significance of the Kingsclear heritage conservation area.

As such, the proposed development is contrary to and fails to satisfy:

(i)         Clause 1.2(2) of the Sydney Local Environmental Plan 2012, including the aims at parts (h), (j), and (k);

(ii)        Clause 6.21 of the Sydney Local Environmental Plan 2012, including the objective of the clause;

(iii)      Clause 6.21C(2) of the Sydney Local Environmental Plan 2012, including the matters for consideration at parts (a), (b), (c) and (d); and

(iv)      Section 4.1 of the Sydney development Control Plan 2012, including the objectives of 4.1.1 (a)-(c), and Provisions (1)-(5); Objectives 4.1.2(a) and (b); Objectives 4.1.3 (a) and (b); Section 4.1.3.6 (1) and (2), Sections 4.1.6 and 4.1.8. 

Unacceptable impacts on the significance of the heritage conservation area

(B)      The proposed development fails to:

(i)         establish and respond to the objectives of the Kingsclear heritage conservation area;

(ii)        provide a sympathetic infill development in accordance with objectives of Provision 3.9 of the Sydney Development Control Plan 2012; and

(iii)      provide a built form that represents a modern interpretation of the existing single storey contributory building as viewed from Renwick Street.

As such, the proposed development is contrary to and fails to satisfy:

(i)         Clause 1.2(2) of the Sydney Local Environmental Plan 2012, including the aim at part (k);

(ii)        Clause 5.10(1) of the Sydney Local Environmental Plan 2012, including the objectives of part (b);

(iii)      Clause 5.10(4) of the Sydney Local Environmental Plan 2012; and

(iv)      Provision 3.9 of the Sydney Development Control Plan 2012, including the objectives at parts (a) and (b).

(C)      The proposal is not in the public interest.

(D)      In light of the above, approval of the application is not in accordance with the public interest, as required under Clause 4.15(1)(e) of the Environmental Planning and Assessment Act, 1979

Carried unanimously.

D/2022/592