Decision details

The Panel:

(A)      upheld the variation requested to Clause 4.3 'Height of buildings' in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012

(B)      upheld the variation requested to Clause 4.4 'Floor space ratio' in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012

(C)      determined the requirement under Clause 6.21D 'Competitive design process' of the Sydney Local Environmental Plan 2012 for a competitive design process is unreasonable or unnecessary in the circumstances

(D)      determined the requirement under Clause 7.20 'Development requiring or authorising preparation of a development control plan' of the Sydney Local Environmental Plan 2012  for the preparation of a site specific development control plan or concept development consent is unreasonable or unnecessary in the circumstances

(E)      granted consent to Development Application Number D/2026/409 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 satisfies the objectives of the Environmental Planning and Assessment Act, 1979, in that, subject to the imposition of 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)      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 'Height of buildings' development standard in Clause 4.3 of the Sydney Local Environmental Plan 2012 is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of Clause 4.6(3) of the Sydney Local Environmental Plan 2012 and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the MU1 Mixed Use zone and the 'Height of buildings' development standard.

(C)      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 'Floor space ratio' development standard in Clause 4.4 of the Sydney Local Environmental Plan 2012 is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of Clause 4.6(3) of the Sydney Local Environmental Plan 2012 and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the MU1 Mixed Use zone and the Floor space ratio' development standard.

(D)      The proposal otherwise generally satisfies the relevant objectives and provisions of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.

(E)      The proposal is consistent with the objectives of the MU1 Mixed Use zone.

(F)      The proposal will conserve the heritage significance of nearby heritage items within the vicinity of the site, in accordance with Clause 5.10 of the Sydney Local Environmental Plan 2012.

(G)      The articulation, materiality and architectural contribution of the proposal combine to exhibit design excellence in accordance with the relevant provisions and matters for consideration in Clause 6.21C of the Sydney Local Environmental Plan 2012.

(H)      The proposed development will have a height, scale and form suitable for the site and its context, and subject to conditions, satisfactorily addresses the heights and setbacks of neighbouring developments, is appropriate in the streetscape context and setting of the broader locality.

(I)        The proposed development will result in a mixture of compatible land uses which will support the vitality of the area and will not result in any significantly adverse environmental or amenity impacts on either the subject or surrounding properties, the public domain or the broader Surry Hills locality, subject to the recommended conditions.

(J)       Subject to the recommended conditions of consent, the proposed development achieves an acceptable level of amenity for the existing and future occupants of the subject and adjoining sites.

(K)      The public interest is served by the approval of the proposal, as amendments to the proposed development have generally addressed the matters raised by Council staff, subject to recommended conditions imposed relating to the appropriate management of the potential environmental impacts associated with the development.

Carried unanimously.

D/2026/409