Decision details

The Panel:

(A)       upheld the variation requested to the minimum site area non-discretionary development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)       granted consent to Development Application Number D/2023/243 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)       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 LEP 2012, that compliance with the 'minimum site area' non-discretionary development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening section 53(2)(a) of State Environmental Planning Policy (Housing) 2021; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the R1 General Residential zone and the 'minimum site area' non-discretionary development standard.

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

(C)       The development responds appropriately to the scale of surrounding buildings, and is compatible with the character of the Mary O'Brien Park locality and the Zetland Estate heritage conservation area.

(D)       The development will not unreasonably compromise the amenity of neighbouring properties.

(E)       The development is generally consistent with the objectives of Chapter 3 Part 1 of State Environmental Planning Policy (Housing) 2021, Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

Carried unanimously.

D/2023/243