Decision details

The Panel

(A)       upheld the variation requested to the 'height of buildings' 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/2024/288 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 is generally consistent with the relevant objectives and controls of the Sydney Local Environmental Plan 2012 (LEP) and the Sydney Development Control Plan (SLEP) 2012.

(B)       Based upon the material available to the Panel when determining this application, the Panel is satisfied that the applicant has demonstrated that compliance with the Height development standard in clause 4.3 of the Sydney LEP 2012 is unreasonable or unnecessary in the circumstances, and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of clause 4.6(3) of the Sydney LEP 2012.

(C)       The proposed development complies with the maximum floor space ratio development standard contained in clause 4.4 of the Sydney LEP 2012.

(D)       The proposed development provides an appropriate contribution that is suitable in terms of its context, scale and built form which is consistent with the desired future character of the area, subject to conditions. As such, the proposed development exhibits design excellence in accordance with the requirements contained in clause 6.21C of the Sydney LEP 2012.

(E)       The development is generally consistent with the objectives of the Sydney Development Control Plan 2012.

(F)       Suitable conditions of consent are recommended, and the development is in public interest.

Carried unanimously.

D/2024/288