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/2024/214 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 generally complies with the relevant controls of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.

(B)      The proposal will enable critical restoration works and ensure Disability Discrimination Act (DDA) compliance to safeguard the ongoing use of the building as a Community Facility.

(C)      The proposed development uses high quality materials, achieves the principles of ecologically sustainable development, and has an acceptable environmental impact. As such, the proposal is considered to exhibit design excellence.

(D)      Based upon the material available to the Panel at the time of determining this application, the Panel was satisfied that:

(i)         the applicant has demonstrated those matters at 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 planning grounds to justify contravening clause 4.3 of the Sydney LEP 2012; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the SP2 Infrastructure Zone and Height of Buildings development standard.

Carried unanimously.

D/2024/214