Decision details

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

It is resolved that consent be granted to section 4.55(1A) application number D/2023/724/A subject to modifications to conditions 2, 11, 21, 28, 29 and 35 as follows.

Modifications are shown in bold italics (additions) and strikethrough (deletions).

(2)     APPROVED DEVELOPMENT

a)         Development must be in accordance with Development Application No. D/2023/724 dated 17 August 2023 and 6 February 2025 and the following drawings prepared by MAKO Architecture Pty Ltd:

Drawing Number	Drawing Name	Date
01100 Rev E	Setout - Blocks	23 April 2024
01110 Rev G	Setout – Public Domain	23 April 2024
03100 Rev G	Structure Plan - Staging	23 April 2024
03101 Rev E	Structure Plan – Floor Space Allocation	23 April 2024
03200 Rev E	Structure Plan – Openspace	23 April 2024
03201 Rev E	Structure Plan – Deep Soil	23 April 2024
04100 Rev E H	Setbacks – Gnd Floor	23 April 2024   24 February 2025
04200 Rev E H	Setbacks – Typical Floor	23 April 2024     13 February 2025
04700 Rev G J	Height of Building - Storeys	26 April 2024   13 February 2025

and as amended by the conditions of this consent.

b)         In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.

Reason

To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.

(11)   RESIDENTIAL LAND USE

a)         The residential component of the development must be designed to comply be consistent with the principles of Chapter 4 of State Environmental Planning Policy (Housing) 2021, the guidelines of the Apartment Design Guide (the ADG), and the provisions of the Sydney Development Control Plan 2012, with particular attention to the following matters: 

                          i.               ADG objectives 2F Building separation and 3F-1 Visual privacy;

                         ii.              ADG objective 4B-1 Natural ventilation;

                        iii.              ADG objective 4B-3 Natural cross ventilation;

                       iv.               ADG objective 4J Noise and pollution – with noise and natural ventilation addressed through siting and layout, facade treatment and design and lastly through attenuated passive ventilation devices;

                        v.               DCP provision 3.2.3 Active frontages – with active frontages to be provided to Epsom Road, Link Road and part of Zetland Avenue and George Julius Avenue.

                       vi.               DCP provision 3.2.4 Footpath awnings – with a continuous awning to be provided to Epsom Road, Link Road and part of Zetland Avenue and George Julius Avenue.

                      vii.              A BASIX certificate in accordance with the requirements of State Environmental Planning Policy (Sustainable Buildings) 2022 must be submitted with any subsequent detailed design development application.

Reason

To identify particular planning requirements pertaining to residential land use for the attention of the architects commissioned to undertake the detailed design of the buildings.

(21)      LANDSCAPE DESIGN

            Any future detailed design DA must:

a)         Incorporate a 2m landscape setback to all ground floor residential apartments. This should be provided as deep soil wherever possible.

b)         Demonstrate a coordinated approach to mitigating adverse wind conditions that ensures landscape is only used for this purpose where it is practical, feasible, and results in a high-quality design outcome, and that architectural or site planning solutions are used in all other situations.

c)          Demonstrate that 1.5m of clean fill/VENM is available to any landscaped spaces above capped areas of contamination.

Reason

To ensure the provision of a high-quality landscape design and outdoor amenity.

(28)   TREES IDENTIFIED FOR REMOVAL

a)         For the purposes of the competitive design processes and any subsequent detailed design DA, the trees detailed in the table below are identified for removal.

b)         No consent is granted or implied for any tree removal works under this consent. Consent for tree removal must be sought under a subsequent development application.

Tree Number	Species	Location
15,16, 16A, 17A, 17, 26, 28, 29 36, 36A, 36B, 37 - 80 80A, 80B, 81 and 82 – 95	Various species	Within the site

Reason

To identify trees that may be removed subject to any subsequent detailed design development application.

(29)  TREES THAT MUST BE RETAINED

a)         For the purposes of the competitive design processes and any subsequent detailed design DA, the trees detailed in the table below are identified for removal.

Tree Number	Species	Location
1A, 1, 2, 2A, 3, 4, 5, 6, 6A, 7, 8, 9, 9A, 9B, 9C, 10, 11, 17A, 17, 18A, 18, 19, 20, 21, 22, 23, 24 and 25.	Various species	Within the site

Reason

To identify trees that must be retained.

(35)  SIGNAGE STRATEGY

A detailed signage strategy must be submitted with any subsequent detailed design      DA or a condition of consent requiring the submission of a detailed signage strategy is to be imposed on any consent for a subsequent detailed design development application which involves non-residential development. The signage strategy must include information and scale drawings of the location, type, construction, materials and total number of signs appropriate for the building.

Reason

To require signage to be considered as part of any subsequent detailed building design.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposed modified development is substantially the same as the development to which development consent D/2023/724 was granted and is consistent with section 4.55(1A) of the Environmental Planning and Assessment Act 1979. 

(B)       The assessment has considered the reasons for approval given by the Central Sydney Planning Committee for the grant of the development consent that is proposed to be modified in accordance with section 4.55(3) of the Environmental Planning and Assessment Act 1979.

(C)       The proposed modifications to the approved building envelope and applicable conditions of consent ensures that the detailed development application for Stage NE (D/2024/816) is consistent with the concept approval as required by section 4.24 of the Environmental Planning and Assessment Act 1979.

(D)       The proposed modifications to expand the approved building envelope in select and minor locations would not have an unreasonable impact on the amenity of the surrounding development or public domain area and would remain in keeping with the desired future character of the Epsom Park locality. 

(E)       The proposed modified building envelope is capable of accommodating a future building design which is capable of exhibiting design excellence in accordance with Clause 6.21C of Sydney Local Environmental Plan 2012, as demonstrated by the concurrent application for Stage NE.

Carried unanimously.

D/2023/724/A