Decision details

The Panel granted consent to Development Application Number D/2024/520 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(4)  GROUND FLOOR LICENSED PREMISES – PRIMARY PURPOSE

The primary purpose of the ground floor premises is as a restaurant with the kitchen to be open and substantial food service to be available to patrons at all times during the approved hours of operation. The sale and supply of liquor must cease when the kitchen ceases to operate. All patrons in the ground floor level restaurant are to have an allocated seat and the number and location of tables and chairs provided for seated dining must be in accordance with the approved floor plan at all times.

(36)    PLAN OF MANAGEMENT

The use must always be operated / managed in accordance with the Plan of Management dated August 2024 that has been approved by Council. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.

The Proponent may update and revise the Plan of Management by submitting the updated Plan of Management to Council’s Area Planning Coordinator / Manager for approval.

Reasons for Decision

The application was approved for the following reasons:

(A)      The development is consistent with the objectives of the SP5 Metropolitan Centre zone.

(B)      The proposal generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012, subject to conditions.

(C)      The proposal is consistent with the relevant objectives of the Sydney Development Control Plan 2012, subject to conditions.

(D)      Subject to the recommended conditions of consent, the proposed development will have an acceptable impact on the amenity the site locality and will not result in unreasonable additional adverse environmental impacts to adjoining sites. Conditions of consent are recommended to ensure the uses are managed in an appropriate manner in accordance with the endorsed Plan of Management and relevant standards.

(E)      Condition 4 was amended to clarify the original intention that this condition applies only to the ground floor level of the premises rather than the use and operation of the basement level.

(F)      Condition 36 was amended to provide for the Plan of Management to be updated subject to the approval of Council’s Area Planning Manager.

Carried unanimously.

D/2024/520