Decision details

The Panel:

(A)      concurred with the Council Officer’s Assessment report;

(B)      delegated authority to the Chief Executive Officer to determine Development Application No. D/2024/920, following the conclusion of the public exhibition of the draft Voluntary Planning Agreement and considering any public submissions received in response and

(C)      resolved that, if the Chief Executive Officer determines to approve Development Application No. D/2024/920, then consideration be given to granting a deferred commencement consent, pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

SCHEDULE 1

DEFERRED COMMENCEMENT CONSENT CONDITIONS

(A)          The consent is not to operate until the following condition is satisfied:

VOLUNTARY PLANNING AGREEMENT

(a)       The Voluntary Planning Agreement between the COUNCIL OF THE CITY OF SYDNEY and VICTORIA STREET INVEST PTY LIMITED which has been exhibited shall be executed and submitted to Council; and

(b)       The guarantee must be provided to Council in accordance with the Voluntary Planning Agreement; and

(c)       The Voluntary Planning Agreement, as executed, must be registered on the title of the land; and

(d)       The payment of the monetary contribution must be provided to Council in accordance with the Voluntary Planning Agreement.

(e)       Evidence that will sufficiently enable Council to be satisfied as to those matters identified in deferred commencement conditions, as indicated above, must be submitted to Council within 24 months of the date of determination of this deferred commencement consent failing which, this deferred development consent will lapse pursuant to section 4.53(6) of the Environmental Planning and Assessment Act 1979.

(B)          The consent will not operate until such time that the Council notifies the Applicant in writing that deferred commencement consent conditions, as indicated above, have been satisfied.

(C)         Upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the conditions of consent, as detailed in Schedule 2, Part B Conditions of Consent (Once the Consent is Operational) of the subject report.

Evidence of the above relevant matter(s) must be produced to the consent authority, within 24 months of the date of the determination, otherwise the consent will lapse.

Under section 76(4) of the EP&A Regulation, the consent authority will notify you in writing if the matters above have been satisfied and the date from which this consent operates.

The conditions of development consent below apply from the date that this consent operates.

SCHEDULE 1 2

GENERAL CONDITIONS

(23)    HOURS OF WORK AND NOISE – OUTSIDE CBD

The hours of construction and work on the development must be as follows:

(a)     All work, including building/demolition and excavation work, and activities in the vicinity of the site generating noise associated with preparation for the commencement of work (eg. loading and unloading of goods, transferring of tools etc) in connection with the proposed development must only be carried out between the hours of 7.30am and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm on Saturdays, with safety inspections being permitted at 7.00am on work days, and no work must be carried out on Sundays or public holidays.

(b)     All work, including demolition, excavation and building work must comply with the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436 - 2010 Guide to Noise Control on Construction, Maintenance and Demolition Sites.

(c)     Notwithstanding the above, the use of a crane for special operations, including the delivery of materials, hoisting of plant and equipment and erection and dismantling of on-site tower cranes which warrant the on-street use of mobile cranes outside of above hours can occur, subject to a separate application being submitted to and approved by Council under Section 68 of the Local Government Act 1993 and Sections 138/139 of the Roads Act 1993.

Note: Works may be undertaken outside of hours, where it is required to avoid the loss of life, damage to property, to prevent environmental harm and/or to avoid structural damage to the building. Written approval must be given by the Construction Regulation Team, prior to works proceeding.

The City of Sydney Code of Practice for Construction Hours/Noise 1992 allows extended working hours subject to the approval of an application in accordance with the Code and under Section 4.55 of the Environmental Planning and Assessment Act 1979.

Reason

To protect the amenity of the surrounding area.

Remaining conditions to be renumbered accordingly.

Reason for Decision

The application was recommended for approval for the following reasons:

(A)      The development complies with the objectives of the R1 General Residential zone pursuant to Syndey Local Environmental Plan 2012.

(B)      The development, subject to conditions, satisfies the design excellence requirements under section 6.21C of Sydney Local Environmental Plan 2012.

(C)      The development is generally consistent with the objectives of the Sydney Local Environmental Plan 2012 and Sydney development Control Plan 2012.

(D)      A deferred commencement condition is recommended to ensure the planning agreement is executed and registered on title.

(E)      The Deferred Commencement Consent Conditions heading was added to clarify beyond doubt that the consent does not operate and may not be acted on until the matters listed are satisfied, which also necessitated the amendment of the heading for the General Conditions.

(F)      Condition 23 was added to include a condition governing hours of construction.

(G)      In making its recommendation, the Panel noted that prior to finishing the wall extension, the adjoining residents will be consulted as to colour for their side of the wall.

Carried unanimously.

D/2024/920