Decision details

The Panel:

(A)      upheld the request to contravene Section 19(2)(a) relating to minimum lot size, of State Environmental Planning Policy (Housing) 2021 in accordance with Section 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;

(B)      upheld the request to contravene Section 19(2)(d) relating to solar access to private open space areas, of State Environmental Planning Policy (Housing) 2021 in accordance with Section 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;

(C)      upheld the request to contravene Sections 19(2)(e) & (f) relating to minimum parking, of State Environmental Planning Policy (Housing) 2021 in accordance with Section 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(D)      granted consent to Development Application Number D/2024/1205 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 proposal is permissible with consent in the R1 General Residential Zone.

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

(i)         the applicant has demonstrated that compliance with the minimum lot size standard in Section 19(2)(a) of State Environmental Planning Policy (Housing) 2021 standard is unreasonable or unnecessary in the circumstances and that there are sufficient planning grounds to justify contravention of the development standard in accordance with the requirements of Section 4.6(3) of Sydney Local Environmental Plan 2012;

(ii)        the applicant has demonstrated that compliance with the minimum solar access to private open space standard in Section 19(2)(d) of State Environmental Planning Policy (Housing) 2021 standard is unreasonable or unnecessary in the circumstances and that there are sufficient planning grounds to justify contravention of the development standard in accordance with the requirements of Section 4.6(3) of Sydney Local Environmental Plan 2012;

(iii)      the applicant has demonstrated that compliance with the minimum parking standard in Section 19(2)(e)&(f) of State Environmental Planning Policy (Housing) 2021 standard is unreasonable or unnecessary in the circumstances and that there are sufficient planning grounds to justify contravention of the development standard in accordance with the requirements of Section 4.6(3) of Sydney Local Environmental Plan 2012;

(C)      The proposal exhibits design excellence in accordance with the requirements contained in Section 6.21C of Sydney Local Environmental Plan 2012.

(D)      The proposed development complies with the maximum Floor Space Ratio development standard in accordance with Section 16 of State Environmental Planning Policy (Housing) 2021.

Carried unanimously.

D/2024/1205

Speakers

Stacey Papadimitriou.

Antonio Caminiti (Antonio Caminiti) – on behalf of the applicant.