Decision details

Moved by the Chair (the Lord Mayor), seconded by Councillor Miller -

It is resolved that consent be granted to Section 4.56 Application Number D/2019/649/C subject to the amendment of the following conditions (with additions shown in bold italics and deletions shown in strikethrough), as follows:

Approved Development Description

Concept development application for a building envelope with maximum height of 33.08m 42.6m. Indicative land uses include residential, commercial, retail, hotel, childcare and recreational facilities.

(2)     APPROVED DEVELOPMENT

(a)       Development must be in accordance with Development Application No. D/2019/649 dated 21 June 2019 and the following drawings prepared by BVN:

(a1)   As amended by the following drawings prepared by BVN that relate to the Fig Street Building only (including the southern side of the through site link and area beneath Jones Street through site link stairs):

Drawing Number	Drawing Name	Revision	Date
AR-DA-MOD-0001-COM	CONCEPT ENVELOPE 3D WEST	01	22/05/2025
AR-DA-MOD-0002-COM	CONCEPT ENVELOPE 3D EAST	01	22/05/2025
AR-DA-MOD-1001-COM	GENERAL ARRANGEMENT PLAN - LEVEL 00	01	22/05/2025
AR-DA-MOD-1002-COM	GENERAL ARRANGEMENT PLAN - LEVEL 01	01	22/05/2025
AR-DA-MOD-1003-COM	GENERAL ARRANGEMENT PLAN - LEVEL 02	01	22/05/2025
AR-DA-MOD-1004-COM	GENERAL ARRANGEMENT PLAN - LEVEL 03	01	22/05/2025
AR-DA-MOD-1005-COM	GENERAL ARRANGEMENT PLAN - LEVEL 03 & LEVEL 04	01	22/05/2025
AR-DA-MOD-1006-COM	GENERAL ARRANGEMENT PLAN - LEVEL 04 & LEVEL 05	01	22/05/2025
AR-DA-MOD-1007-COM	GENERAL ARRANGEMENT PLAN - LEVEL 05 & LEVEL 06	01	22/05/2025
AR-DA-MOD-1008-COM	GENERAL ARRANGEMENT PLAN - LEVEL 06 & LEVEL 07	01	22/05/2025
AR-DA-MOD-1009-COM	GENERAL ARRANGEMENT PLAN - LEVEL 07 & LEVEL 08	01	22/05/2025
AR-DA-MOD-1010-COM	GENERAL ARRANGEMENT PLAN - LEVEL 08 & LEVEL 09	01	22/05/2025
AR-DA-MOD-1011-COM	GENERAL ARRANGEMENT PLAN - LEVEL 09 & LEVEL 10	01	22/05/2025
AR-DA-MOD-1012-COM	GENERAL ARRANGEMENT PLAN - LEVEL 10 & LEVEL 11	01	22/05/2025
AR-DA-MOD-1013-COM	GENERAL ARRANGEMENT PLAN - LEVEL 11 & LEVEL 12	01	22/05/2025
AR-DA-MOD-1014-COM	GENERAL ARRANGEMENT PLAN - LEVEL 13	01	22/05/2025
AR-DA-MOD-1015-COM	GENERAL ARRANGEMENT PLAN - LEVEL ROOF	01	22/05/2025
AR-DA-MOD-2001-COM	JONES ST ELEVATION	01	22/05/2025
AR-DA-MOD-2002-COM	FIG ST ELEVATION	01	22/05/2025
AR-DA-MOD-2003-COM	WATTLE ST ELEVATION	01	22/05/2025
AR-DA-MOD-2004-COM	LIGHT RAIL ELEVATION	01	22/05/2025
AR-DA-MOD-2005-COM	STREETSCAPE ELEVATION	01	22/05/2025
AR-DA-MOD-3001-COM	SECTION A	01	22/05/2025
AR-DA-MOD-3002-COM	SECTION B	01	22/05/2025
AR-DA-MOD-3003-COM	SECTION C	01	22/05/2025
AR-DA-MOD-3004-COM	SECTION D	01	22/05/2025
AR-DA-MOD-3005-COM	SECTION E	01	22/05/2025
AR-DA-MOD-3006-COM	SECTION F	01	22/05/2025

 

and as amended by the conditions of this consent.

(b)       In the event of any inconsistency between the approved concept development plans and other supplementary documentation, the approved concept development plans will prevail.

(Condition amended – 28 March 2024)

(Condition amended – 19 June 2025)

(7)   BUILDING HEIGHT

The maximum heights of the building envelopes, as defined in Sydney Local Environmental Plan 2012, are:

(e)     Building E - Fig Street Building:

(i)        RL 37.950 38.450 (AHD) to the top of plant and lift overrun room

(ii)       RL 36.350 35.850 (AHD) to the Level 10 11 roof and RL 36.255 to the Level 11 parapet

(iii)      RL 32.350 32.150 (AHD) to the Level 09 10 roof and RL 33.640 (AHD) 33.550 to the Level 09 parapet 10 top of balustrade

(iv)      RL 29.150 28.950 (AHD) to the Level 08 09 roof and RL (AHD) 29.950 to the Level 08 parapet

The maximum heights shown above are inclusive of additional height approved pursuant to the provisions of Clause 6.21D(3) of Sydney Local Environmental Plan 2012. The development is not eligible for any additional height under any circumstances.

Notwithstanding clause (a) and (b) above, the Jones Block and Fig Block may be eligible for up to 10% additional height pursuant to the provisions of Clause 6.21(7) of Sydney Local Environmental Plan 2012 if the consent authority is satisfied that the resulting detailed design development application exhibits design excellence and is the result of a competitive design process.

(Condition amended – 28 March 2024)

(Condition amended – 19 June 2025)

(9)        ECOLOGICALLY SUSTAINABLE DEVELOPMENT

Details are to be provided with the subsequent development application for the detailed design of the building to confirm that the building has adopted the following proposed ESD targets reflected in the Design Excellence Strategy referred to in Condition 4:

(a)       4 Star Green Star Design and As-Built or GreenStar Buildings Rating using the most contemporary version of the Green Star rating tool that applies at the time of DA lodgement.

(b)       5.5 Star NABERS Office Energy Base Building Rating if the development contains 1,000sqm or more of commercial office net lettable area

(c)       Exceed the relevant BASIX Energy Target (defined by number of storeys of residential development) by 10 BASIX points

(d)       Inclusion of on-site renewable energy generation via roof top photovoltaic system(s) and/or solar or heat pump service for domestic water heating

(e)       Property Council of Australia (PCA) Office Quality Grade B

The ESD targets are to be carried through the competition phase, design development, construction, and through to completion of the project.

(Condition amended – 19 June 2025)

Reasons for Decision

The application was approved for the following reasons:

(A)      The modified development is substantially the same as the development originally approved and is therefore consistent with the requirements of section 4.56(1)(a) of the EP&A Act.

(B)      Modification of the consent is not inconsistent with the reasons given by the consent authority (the Land and Environmental Court) for the grant of the Original Consent and is consistent with the requirements of section 4.56(1A) of the EP&A Act.

(C)      Subject to conditions, the modified development reflects the architectural design competition winning scheme and will not adversely impact the amenity of the surrounding area.

(D)      The modified development proposes a building envelope which is capable of accommodated a building exhibiting design excellence in accordance with clause 6.21C of the Sydney LEP 2012.

(E)      The modified development is generally consistent with the aims and objectives of the relevant planning controls including the SEPP Housing, Sydney LEP 2012 and Sydney DCP 2012. Where non-compliances exist, they have been demonstrated to be acceptable in the circumstances of the case or can be resolved by the recommended conditions of consent.

(F)      The modified development is appropriate within its setting and is a mixed-use development comprising compatible uses that will support the vitality of the area, consistent with the desired future character for the locality.

Carried unanimously.

D/2019/649/C