Decision details

The Panel:

(A)      Supported the variation sought to Clause 4.4 Floor space ratio in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Sydney Local Environmental Plan 2012.

(B)      Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, granted deferred commencement consent to Development Application No. D/2017/839 subject to the conditions set out in Attachment A to the subject report, and subject to the following amendments (additions shown in bold italics and deleted text shown in strikethrough):

(3)        Design Modifications

(c)        Additional privacy measures must be provided as follows:

(v).      The balustrades to the balconies of Apt. 206 and Apt. 312 must be solid masonry with a minimum height of 750mm.

(vi).    Details of the full height privacy screens for Apt. 107, Apt. 108, Apt. 109, Apt. 110, Apt. 306, Apt. 307, Apt. 406, Apt. 407, Apt. 504, Apt. 505, Apt. 604 and Apt. 605 are to be submitted for approval.

Carried unanimously.

Reasons for Decision

The Panel approved the application as:

(A)      The proposed development is consistent with Section 4.15 of the Environmental Planning and Assessment Act 1979, in that, subject to the design amendments and the imposition of appropriate conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Local Planning Panel.

(B)      The proposed development has a height, built form and design which is suitable for the condition of the site and its context, satisfactorily addresses the heights and setbacks of neighbouring developments, is appropriate within the streetscape and broader locality and, subject to the recommended conditions, will ensure that design excellence is met in accordance with Clause 6.21 of the Sydney Local Environmental Plan 2012, and that good quality materials and facade detailing is achieved.

(C)      The proposed development is generally consistent with the provisions of the Apartment Design Guide (ADG) in that subject to the recommended plenum design and design modification conditions, it will achieve high amenity for the future residents of the building with regard to communal open space, solar access, natural ventilation, private open space and privacy.

(D)      The public interest is served by the deferred commencement approval of the proposal, as amendments to the development application have addressed the matters raised by the community, subject to compliance with the conditions imposed relating to excavation, contamination, acoustic and visual privacy, transport and parking and development contributions for public open space provision.

(E)      Condition 3 (c) (v) was added to ensure the right balance between privacy and overlooking and to provide good amenity from the apartments looking out.

(F)       Condition 3 (c) (vi) was added for the privacy and amenity of apartment occupants.

D/2017/839

Speakers

The following people addressed the meeting of the Local Planning Panel on Item 6 – Mr Kirk Osbourne (DFP Planning), on behalf of the applicant and Mr Stephen Issacs (Architecture Saville Issacs), on behalf of the applicant.