Decision details

Moved by the Chair (the Lord Mayor), seconded by Councillor Miller –

It is resolved that:

(A)      the request to vary the ceiling height development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld; and

(B)      consent be granted to Development Application Number D/2024/1029 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 satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the recommended conditions of consent, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Central Sydney Planning Committee.

(B)      Based upon the material available to the Committee at the time of determining this application, the Committee is satisfied that 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 ceiling heights development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening the development standard. 

(C)      The development is permissible with consent in the MU1 - Mixed-Use zone and is consistent with the objectives of the zone.

(D)      The proposal has been assessed against the aims and objectives of the relevant planning controls including the Sydney Local Environmental Plan 2012, the Sydney Development Control Plan 2012, and State Environmental Planning Policy (Housing) 2021. Where non-compliances exist, they have been demonstrated in this report to be acceptable in the circumstances or are to be resolved by the recommended conditions of consent.

(E)      The proposed development demonstrates design excellence in accordance with the relevant provisions and matters for consideration in clause 6.21C of the Sydney Local Environmental Plan 2012.

(F)      The proposed development is consistent with the design intent of the winning scheme of the competitive design alternatives process for the site, held in accordance with the City of Sydney Competitive Design Policy.

(G)      The proposed development has a form, bulk and massing that is suitable for the site and its context and is appropriate in the setting of the Green Square Epsom Park locality.

Carried unanimously.

D/2024/1029