Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
The Panel refused consent for Development
Application No. D/2018/56 for the following reasons:
1.
The development proposes an excessive amount of
floor space which will result in an overdevelopment of the site. The
development will result in a significant breach of Clause 4.4 floor space ratio
under Sydney Local Environmental Plan 2012. While a Clause 4.6 variation to
development standard under Sydney Local Environmental Plan 2012 was submitted,
it does not demonstrate that compliance with the standard is unreasonable or
unnecessary in the circumstance. In this regard, the development does not
comply with;
(a)
Clause 4.4 floor space ratio of Sydney Local
Environmental Plan 2012; and
(b)
Clause 4.6 Exception to development standards
under Sydney Local Environmental Plan 2012.
2.
The development proposes a retail premises
within the site. This use is prohibited in the B7 business park zone. In this
regard, the development does not comply with B7 business park land use in
Sydney Local Environmental Plan 2012.
3.
The proposal does not demonstrate how the site
can be made suitable for the proposed use as required by State Environmental
Planning Policy No 55 - Remediation of land.
4.
The proposal does not illustrate that there will
be no unreasonable environmental impacts of the proposed development. It fails
to assess the condition of the groundwater within the site, it does not include
any details of investigation for underground service tanks or other potential
contaminants including hydrocarbons. It also fails to address the potential for
offsite migration of contaminants onto neighbouring sites. In this regard, the development fails to
comply with:
(a)
State Environmental Planning Policy No 55 -
Remediation of land;
(b)
Clause 7.14 Acid Sulphate Soils of Sydney Local
Environmental Plan 2012;
(c)
Section 3.17 and 5.8.7.3 of Sydney Development
Control Plan 2012.
5.
The proposal results in an overdevelopment of
the site and results in poor public domain outcomes. The proposal will not
result in a high standard of architectural, urban or landscape design, and as
such is not considered to represent design excellence. In this regard, the development
fails to comply with Sydney Local Environmental Plan 2012.
6.
The proposal does not adequately address
flooding or stormwater management. The application also proposes to protrude
into the one metre clearance zone adjacent to the canal, which is not supported
by Sydney Water. In this regard, the development does not comply with: (a)
Clause 7.15 of Sydney Local Environmental Plan
2012; and (b)
Section 3.7, 5.2.7 and 5.8.7.1 of Sydney
Development Control Plan 2012. 7.
The size of the basement opening is not sufficient
to enable onsite loading and waste collection. In this regard, the development does not
comply with: (a)
Section 3.11, 3.14 and 4.2.6 of Sydney
Development Control Plan 2012. |
8.
The proposed development will result in a poor
interface with the public domain. The development has not been designed to
the correct flood levels and no provision for accessible access into the
building has been provided. No public benefit offer has been provided to
facilitate the dedication of the front and rear setbacks to Council. In
addition to this, building elements are proposed to overhang into the front
and rear setbacks which is inconsistent with the need to provide setbacks
clear to the sky. In this regard, the development fails to comply with: (a)
Clause 6.21 of Sydney Local Environmental Plan
2012; (b)
Section 3.1, 3.2, 3.12, 4.2.2, 4.2.4 and 5.2.9
of Sydney Development Control Plan 2012. 9.
The building has not been designed to consider
the interface of the eastern façade with the future proposed street. In doing
so, the development is not considered to recognise the local planned
infrastructure, or the desired future character of the site and surrounding
locality. In this regard, the development does not comply with; (a)
Section 3.1, 3.2, 5.2.1, 5.2.3 and 5.2.4 of
Sydney Development Control Plan 2012. |
10.
The building has not been designed to
accommodate deep soil, or maximise access to natural light and ventilation.
In this regard, it fails to comply with section 5.8.2.5.1 and 5.8.2.4 of
Sydney Development Control Plan 2012. 11.
The development is not considered to be in the
public interest as it is contrary to the provisions of relevant planning
instruments, development control plans and has raised concern from adjoining
landowners. In this regard, the development fails to satisfy section 4.15 of
the Environmental Planning and Assessment Act 1979. |
Carried
unanimously.
D/2018/56
Speakers
The
following people addressed the Panel on Item 9 – Mr Anthony Betros (ABC Planning)
– on behalf of the applicant and Mr Mark Khoury (BKA
Architecture) – on behalf of the applicant.
Report author: Erin Faulkner
Publication date: 13/06/2018
Date of decision: 13/06/2018
Decided at meeting: 13/06/2018 - Local Planning Panel
Accompanying Documents: