Decision details

Moved by the Chair (the Lord Mayor), seconded by Councillor Scully -

It is resolved that:

(A)      the variation sought to the height of buildings standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan (Green Square Town Centre) 2013 be supported in this instance;

(B)      the variation sought to the ceiling heights standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan (Green Square Town Centre) 2013 be partially supported in this instance; and

(C)      pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2017/564, subject to the conditions set out in Attachment A to the subject report, subject to the amendment of Condition (1) (a) of Part B - Conditions of Consent (Once the Consent is in Operation) - Schedule 1A , Approved Development/Design Modifications/Covenants and Contributions/Use and Operation showing the correct name of the Architect (with modifications shown in bold italics (additions) and deleted text shown in strike-through), as follows:

PART B - CONDITIONS OF CONSENT - SCHEDULE 1A

(1)       APPROVED DEVELOPMENT  

(a)       Development must be in accordance with Development Application No. D/2017/564 dated 5 May 2017, and the following drawings prepared by Silvestre Fuller and Mirvac Design Tzannes.

Reasons for Recommendation

The application is recommended for Deferred Commencement approval for the following reasons:

(A)      The requested variations to the maximum Building Height and Ceiling Height development standards are upheld because the consent authority is satisfied that the applicant's written requests have adequately addressed the matters required to be addressed under Clause 4.6 of the SLEP (GSTC) 2013 and the proposed development would be in the public interest because it is consistent with the objectives of the respective development standards and the B4 - Mixed use zone.

(B)      The proposal has been assessed against the aims and objectives of the relevant planning controls including the SLEP (GSTC) 2013, the GSTC DCP 2012 and SEPP 65. Where non-compliances exist they have been demonstrated in this report to be acceptable in the circumstances of the case, or can be resolved by the recommended conditions of consent.

(C)      The proposed development is considered to be appropriate within its setting and will provide for residential, retail and commercial development within the Green Square Town Centre. In addition, it provides a cinema entertainment facility on a site which is highly accessible to existing and planned employment, services and community facilities.

(D)      Subject to the recommendations within this report, and the imposition of the proposed conditions, the proposal demonstrates a design that responds to the constraints of the site and contributes to the existing and desired future character of the site.

(E)      Part B - Schedule 1A - Condition 1(a) Approved Development was amended to show the correct name of the Architect.

Carried unanimously.

D/2017/564