Decision details

The Panel:

(A)       supported the variation requested to the FSR development standard in accordance with clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)       pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, granted a deferred commencement consent to Development Application Number D/2025/46 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 CONDITIONS (CONDITIONS TO BE SATISFIED PRIOR TO CONSENT OPERATING)

The following deferred commencement conditions must be satisfied prior to the consent becoming operative:

(A)       PART A – DEFERRED COMMENCEMENT CONDITIONS

(CONDITIONS TO BE SATISFIED PRIOR TO CONSENT OPERATING)

The consent is not to operate until the following condition is satisfied, within 24 months of the date of this determination:

(1)        VOLUNTARY PLANNING AGREEMENT

(a)        The Voluntary Planning Agreement between the COUNCIL OF THE CITY OF SYDNEY and DUNNING PROPRIETOR PTY LTD shall be exhibited, executed and submitted to Council; and

(b)        The Voluntary Planning Agreement, as executed, must be registered on the title of the land. The payment of the monetary contribution must be provided to Council in accordance with the Voluntary Planning Agreement.

(c)        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.

Reason

To ensure the public benefit offered by the proponent is delivered to the City.

EVIDENCE

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.

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 Part B Conditions of Consent (Once the Consent is Operation).

(29)     HERITAGE CONSERVATION WORKS – HERITAGE ITEM OR SIGNIFICANT BUILDINGS

(a)     Prior to the issue of the Construction Certificate, a detailed construction methodology demonstrating compliance with Condition 29 is to be submitted for review by and the approval of Council’s Area Planning Manager.

(ab)   Prior to the issue of the Construction Certificate, a schedule of conservation works to be undertaken concurrent with the works is to be submitted to Council’s Urban Design and Heritage Manager for approval.

(bc)   The schedule is to detail the conservation of all fabric identified as having a heritage significance/ value including but not limited to the following: list elements such as stonework, brickwork, door and window joinery, glazing, hardware, pavements, tiling, roof plumbing, roofing and painting.

(cd)   The schedule is to be supported by outline specifications, methodologies and detailed architectural sections, elevations and plans at 1:20 and 1:5 scales. The details should incorporate any structural and/or building services design for the building.

(de)   The proposed works are to be carried out in a manner that minimises demolition, alterations and new penetrations/fixings to the significant fabric of the existing building. Any departure from approved plans requiring additional demolition/chasing of significant fabric is to be discussed with City of Sydney Heritage Specialists for acceptance submitted to and approved by Council’s Area Planning Manager.

(ef)    A schedule of site inspections at key points during construction (like after demolition, before covering significant fabric with new ceilings and floors and/or when design changes impacting significant fabric need to be implemented and required to be discussed with Council) is required to be submitted to City of Sydney for approval.

(fg)    All conservation and adaptation works are to be in accordance with the Articles of the Australian ICOMOS Burra Charter 2013. Appropriately qualified contractors and tradespersons are to be commissioned who are skilled in traditional building and engineering trades to carry out the proposed scope of works within the heritage building.

(gh)   INSPECTION AND APPROVAL: The conservation works are to be progressively inspected by Council Heritage Specialists in accordance with approved scheduled site inspections as per point (e) (f) and be implemented to the satisfaction of Council’s Urban Design and Heritage Manager prior to the issue of any Occupation Certificate or commencement of the use, whichever is the earlier.

Reason

To ensure the carrying out of appropriate heritage conservation works.

Reasons for Decision

The application was approved for the following reasons:

(A)       The deferred commencement condition is recommended to ensure that the VPA is executed and registered on title prior to the operation of the development consent.

(B)       The proposed commercial premises are permitted in the MU1 Mixed Use zone and the proposal generally complies with the objectives of the zone.

(C)       A written request seeking to vary the FSR development standard under Clause 4.4 of the Sydney LEP 2012 was submitted. The proposed request is well founded, and the written request demonstrates that compliance with development standard is unnecessary and unreasonable in this instance and that there are sufficient environmental planning grounds to justify the variation.

(D)       The proposed works to the local heritage item ‘Paradise Garage’ are considered acceptable. The proposed addition has incorporated appropriate setbacks of the vertical addition from both the Cressy Street and Dunning Avenue frontages. The massing and setbacks of the addition complements the conserved warehouse and maintain its visual prominence in the streetscape. The existing sawtooth roof will be substantially retained and the external facades refurbished with key features preserved.

(E)       The development exhibits design excellence in accordance with the Clause 6.21C Sydney Local Environmental Plan 2012.

(F)       The development is generally consistent with the design requirements of Section 3, Section 4.2 and Section 5 of the Sydney DCP 2012.

(G)      The proposed commercial premises development will diversify the mix of land uses in the locality and enable employment generation. The retail premises and commercial lobby at the ground floor will provide activation and enhance the vibrancy of the public domain.

(H)       Condition (A)(1) was amended to remove the requirement to register the VPA on title.

(I)         Condition 29 was amended to protect heritage fabric during construction.

Carried unanimously.

D/2025/46