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/B subject to the amendment of the following conditions (with modifications shown in bold italics (additions) and bold strikethrough (deletions):

(2)     APPROVED DEVELOPMENT

(a)       Development must be in accordance with Development Application No. D/2023/724 dated 17 August 2023 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 H	Structure Plan – Floor Space Allocation	23 April 2024 15 April 2025
03200 Rev E	Structure Plan – Openspace	23 April 2024
03201 Rev E F	Structure Plan – Deep Soil	23 April 2024 26 March 2025
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 K	Height of Building - Storeys	26 April 2024 13 February 2025 15 April 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.

(2A)     AMENDED DRAWINGS

The following amended drawings are to be submitted to and approved by Council’s Area Planning Manager prior to the issue of any Construction Certificate for the Detailed Design development applications:

(a)       The ‘Structure Plan – floor space allocation’ is to ensure consistency with staging relating to Peters Street.

(b)       The 'Setbacks - gnd floor' plan is be amended to provide a 0.0 setback to Building S2 along Epsom Road.

(c)       The ‘Height of Building – Storeys’ plan is to be amended to reinstate the 3m western setback for the northern portion Building H as per Rev J dated 13 February 2025.

(d)       The ‘Height of Building Storeys’ plan is to be amended to ensure all dimensions annotated are accurate.

Reason

To ensure consistency between the concept drawings and the detailed design development applications.

(6)     FLOOR SPACE RATIO

The following applies to Floor Space Ratio (FSR):

(a)       The Floor Space Ratio (FSR) of development contained within the site must not exceed the maximum permitted FSR calculated in accordance with the Sydney Local Environmental Plan 2012.

(b)       A maximum GFA of 81,700sqm is approved, which is to be apportioned to the approved development stages in accordance with the following table:

Development Stage	Total GFA	Residential GFA	Non-Residential GFA
Northeast	34,250sqm	31,928sqm	2,322sqm
Northwest	25,550sqm	24,693sqm 24,748sqm	857sqm 802sqm
South	21,900sqm	20,527sqm 21,009sqm	1,373sqm 891sqm

 

(c)       Notwithstanding the above, the development stages in a competitive process phase may be eligible up to 10% additional floor space pursuant to the provisions of Clause 6.21D(3) of the Sydney Local Environmental Plan 2012 if the consent authority is satisfied that subsequent development application(s) for the detailed design of the buildings exhibit design excellence and is the result of a competitive design process.

(d)       Each competitive process phase will be only eligible for a maximum of an additional 10% of the floorspace apportioned to it. Additional floor space is not transferrable between Competitive Process Site. If a Competitive Process Site is not able to accommodate the full amount of additional floor space apportioned to it, the remaining balance of additional floor space cannot be transferred to another development lot set out in (a) (b).

Reason

To specify the relevant floor space ratio controls applicable to the development.

(13)  SECURITY GATES

If any detailed building design submitted as part of any subsequent DA incorporates a car park accessed by a security gate, then that gate must be located at least 6 metres within the site from the property boundary with the street, except for Building S2 where the security gate must be located at least 3 metres within the site from the property boundary.

Reason

To ensure any subsequent detailed building design provides adequate space between security gates and the street.

(20)  DEEP SOIL

Deep soil must be provided within each development stage as per the approved stamped plan titled Structure Plan – Deep Soil, drawing number 03201 Revision E (dated 23 April 2024) as follows:

(a)            Northeast Stage: 527sqm

(b)            Southern Stage: 3,541sqm 3,429sqm

(c)            Northwestern Stage: 1,018sqm 1,200sqm

All deep soil areas should be designed to incorporate only permeable surfaces, maximise canopy trees and other planting, and be designed in accordance with the Sydney Development Control Plan 2012 and the Sydney Landscape Code Volume 2.

Reason

To ensure adequate deep soil is allowed for in the development.

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 as modified by D/2023/724/A) 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 applications for Stage 2 NW (D/2024/1029) and Stage 3 S (D/2024/1055) are consistent with the concept approval as required by section 4.24 of the Environmental Planning and Assessment Act 1979.

(D)      The proposed modifications to 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 remains 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 applications for Stage 2 NW and Stage 3 S.

Carried unanimously.

D/2023/724/B