Decision details

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

It is resolved that:

(A)      authority be delegated to the Chief Executive Officer to determine Development Application No. D/2024/652, following the drafting and conclusion of the public exhibition of the Voluntary Planning Agreement generally in accordance with the public benefit offer dated 1 April 2025 and considering any public submissions received in response;

(B)      if the Chief Executive Officer determines to approve the application, consideration be given to supporting the variation sought to Clause 4.3 'Height of Buildings' pursuant to Clause 4.6 of Sydney Local Environmental Plan 2012; and

(C)      if the Chief Executive Officer determines to approve the application, consideration be given, pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, to granting deferred commencement consent to Development Application No. D/2024/652 subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was recommended for approval for the following reasons:

(A)      The concept proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979, in that, subject to the imposition of conditions as recommended, 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)      The concept proposal generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012. Where non-compliances exist, they have been demonstrated to be acceptable in the circumstances of the case or can be resolved by the recommended conditions of consent.

(C)      Based upon the material available to the Central Sydney Planning 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 Local Environmental Plan 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 Local Environmental Plan 2012.

(D)      The reference scheme accompanying the concept proposal demonstrates that the concept envelopes can accommodate developments that complies with the maximum floor space ratio development standard pursuant to Clause 4.4 of the Sydney Local Environmental Plan 2012.

(E)      The concept proposal includes the adaptive reuse of the 'former Bakewell Brothers southeast warehouse', which subject to conditions, can conserve the significance of the heritage item in accordance with Clause 5.10 of the Sydney Local Environmental Plan 2012.

(F)      Subject to compliance with the Design Excellence Strategy, the undertaking of a competitive design process, and compliance with the recommended conditions of consent, the concept envelopes can accommodate future buildings that can exhibit design excellence in accordance with Clause 6.21C of the Sydney Local Environmental Plan 2012.

Carried unanimously.

D//2024/652