Decision details

The Panel granted consent to Development Application Number D/2022/969 subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979, in that, subject to the imposition of conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Local Planning Panel.

(B)       General Terms of Approval have been granted to the proposal by Heritage NSW, as delegate for the Heritage Council of NSW, in accordance with Section 4.47 of the Environmental Planning and Assessment Act, 1979.

(C)       The proposal generally satisfies the applicable objectives and provisions of Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(D)       The proposal is consistent with the objectives of the E1 Local Centre zone.

(E)       The proposal complies with the maximum height of buildings development standard in Clause 4.3 of the Sydney Local Environmental Plan 2012.

(F)       The proposal complies with the maximum alternate floor space ratio development standard in Clause 6.60D of the Sydney Local Environmental Plan 2012, subject to conditions.

(G)      The proposal is consistent with the desired future character for the Oxford Street, Darlinghurst locality, while also conserving the GA Zink & Sons building, contributory building, and significance of the Oxford Street heritage conservation area, in accordance with Clause 5.10 of the Sydney Local Environmental Plan 2012, Section 2.4.10, and Sections 3.9.5, 3.9.6 and 3.9.7 of the Sydney Development Control Plan 2012.

(H)       The design and materiality of the proposal combine to exhibit design excellence in accordance with the relevant provisions and matters for consideration in Clause 6.21C of the Sydney Local Environmental Plan 2012.

(I)         Subject to the recommended conditions of consent, the proposed development achieves acceptable amenity for the existing and future occupants of the subject and adjoining sites.

(J)        The proposed land use does not result in any significant adverse environmental or amenity impacts on the subject or surrounding properties, the public domain and the broader suburb of Darlinghurst, subject to the recommended conditions of consent.

(K)       The public interest is served by the approval of the proposal, as amendments to the development application have addressed the matters raised by the City. This is subject to the recommended conditions of consent imposed relating to the appropriate management of the potential environmental impacts associated with the development.

Carried unanimously.

D/2022/969