Decision details

The Panel:

(A)      upheld the variation requested to clause 4.3 'Height of Buildings' 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/2022/1367 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 complies with the relevant controls of the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(B)      The proposal represents an appropriate development for the site and supports the employment generating use of the E3 Productivity Support zone.

(C)      The proposal satisfies design excellence provisions.

(D)      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 Height of Buildings development standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify contravening clause 4.3 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 E3 Productivity Support zone and the Height of Buildings development standard.

Carried unanimously.

D/2022/1367