Decision details

The Panel granted consent to Development Application Number D/2025/468 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):

(2)        USE AND HOURS OF OPERATION

The use of the premises is approved as a community facility as defined in the City of Sydney Local Environmental Plan 2012 and the approved hours of operation are regulated as follows:

(a)        The permitted operating hours are restricted to between 7am to 10pm, 7 days a week. Access to the outdoor area is restricted after 8pm.

(b)        Notwithstanding (a) above, the premises may operate between 10pm and 12 midnight 7 days a week, for a trial period of 2 years from the date of this consent.

(c)        Should the operator seek to continue the extended operating hours outlined in (b) above, an application must be lodged with Council within 30 days before the end of the trial period. Council’s consideration of a proposed continuation and/or extension of the hours permitted by the trial will be based on, among other things, the performance of the operator in relation to the compliance with development consent conditions, any substantiated complaints received and any views expressed by NSW Police and Liquor & Gaming.

Reason

To ensure the premises operates as a community facility and within the approved hours of operation.

(7)        NO SPEAKERS OR MUSIC OUTSIDE

(a)     Speakers and/or noise amplification equipment must not be installed and music must not be played in any of the outdoor areas associated with the premises including the public domain. Speakers located within the premises must not be placed so as to direct the playing of music towards the outdoor areas associated with the premises.

(b)     No internal music or amplified sound is permitted after 10pm.

Reason

To safeguard the amenity of the surrounding neighbourhood.

Reasons for Decision

The application was approved for the following reasons:

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

(B)       The continued use of the site as a community facility is consistent with the objectives of the SP2 - Infrastructure zone.

(C)       The development is compatible with the character of the Erskineville Oval locality and the Kingsclear Heritage Conservation Area.

(D)       The application has demonstrated the proposal will not result in unacceptable amenity impacts on surrounding properties.

(E)       The proposal is in keeping with the future desired character of the area and is considered to be in the public interest.

(F)       Condition 2 was amended to expressly specify the use of the premises as a community facility.

(G)      Condition 7 was amended to further safeguard the amenity of the surrounding neighbourhood.

Carried unanimously.

D/2025/468