Decision details

The Panel:

(A)       upheld the variation requested to the height development standard under subsection 107(2)(a) of State Environmental Planning Policy (Housing) 2021 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;

(B)       upheld the variation requested to the floor space ratio development standard under subsection 107(2)(c) of State Environmental Planning Policy (Housing) 2021 and Clause 4.4 of the Sydney Local Environmental Plan 2012 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 and State Environmental Planning Policy (Housing) 2021;

(C)       upheld the variation requested to landscaped area development standard under subsection 107(2)(e) of State Environmental Planning Policy (Housing) 2021 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;

(D)       upheld the variation requested to deep soil zone development standard under subsection 107(2)(f) of State Environmental Planning Policy (Housing) 2021 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;

(E)       upheld the variation requested to employee parking development standard under subsection 107(2)(i) of State Environmental Planning Policy (Housing) 2021 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(F)       granted consent to Development Application Number D/2024/956 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 development complies with the objectives of the R1 General Residential zone pursuant to the Sydney LEP 2012.

(B)       Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:

(i)         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 height development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 107(2)(a) of the State Environmental Planning Policy (Housing) 2021.

(ii)        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 floor space ratio development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 107(2)(c) of the State Environmental Planning Policy (Housing) 2021 and Clause 4.4 of the Sydney Local Environmental Plan 2012.

(iii)       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 landscaped area development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 107(2)(e) of the State Environmental Planning Policy (Housing) 2021.

(iv)       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 deep soil zone development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 107(2)(f) of the State Environmental Planning Policy (Housing) 2021.

(v)        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 employee parking development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 107(2)(i) of the State Environmental Planning Policy (Housing) 2021.

(C)       The development exhibits design excellence under Clause 6.21C of the Sydney LEP 2012.

(D)       The development meets the objectives of the Seniors Housing Design Guide and is consistent with the design quality principles under State Environmental Planning Policy (Housing) 2021.

(E)       The development is generally consistent with the objectives of Sydney LEP 2012 and Sydney DCP 2012.

Carried unanimously.

D/2024/956