Decision details

It is resolved that:

(A)      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 (Green Square Town Centre) 2013 be upheld;

(B)      the variation requested to the ceiling heights development standard of the Apartment Design Guide in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney LEP (Green Square Town Centre) 2013 be upheld; and

(C)      pursuant to Section 4.16(3)  of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2017/503, subject to the conditions set out in Attachment A to the subject report.

Reasons for Recommendation

The application is recommended for approval for the following reasons:

(A)      The proposal is permissible with consent in the B4 Mixed Use Zone.

(B)      The proposal complies with the FSR development standard prescribed by the Sydney Local Environmental Plan (Green Square Town Centre) 2013.

(C)      The requested variation to the Height of Buildings development standard is upheld because the consent authority is satisfied that the applicant's written request has adequately addressed the matters required to be addressed by Clause 4.6 of the Sydney Local Environmental Plan (Green Square Town Centre) 2013 and the proposed development would be in the public interest because it is consistent with the objectives of Height of Buildings development standard and the B4 Mixed Use Zone.

(D)      The requested variation to the Minimum Ceiling Height development standard is upheld because the consent authority is satisfied that the applicant's written request has adequately addressed the matters required to be addressed by Clause 4.6 of the Sydney Local Environmental Plan (Green Square Town Centre) 2013 and the proposed development would be in the public interest because it is consistent with the objectives of Minimum Ceiling Height development standard and the B4 Mixed Use zone.

(E)      The proposal is generally consistent with the relevant provisions of the Green Square Town Centre Development Control Plan 2012. Where variations to the DCP provisions are proposed, impacts to the locality are acceptable.