Decision details

The Panel:

(A)      Pursuant to the provisions of Clause 4.6 of the Sydney Local Environmental Plan (LEP) 2012, supported the variation to Clause 4.3 Height of Buildings contained in the Sydney LEP 2012.

(B)      Pursuant to the provisions of Clause 4.6 of the Sydney LEP 2012, supported the variation to Clause 4.4 Floor Space Ratio contained in the Sydney LEP 2012.

(C)      Granted consent to Development Application No. D/2017/1545 subject to conditions set out in Attachment A to the subject report, with an amendment to Condition 5(a) to include the use of the rooftop terrace between 8.00am and 8.00pm on Saturdays.

Carried unanimously.

Reasons for Decision

The Panel approved the application as:

(A)      It is consistent with the objectives of the B4 - Mixed Use zone;

(B)      As conditioned, it is generally consistent with the objectives of the relevant controls for the site;

(C)      The proposal will not significantly alter the scale or built form of the existing development, and has been designed to ensure limited visibility from the public domain and to address potential impacts on the surrounding area. As such the proposed development is considered to be appropriate to the building and its immediate context and is considered to exhibit design excellence;

(D)      The Clause 4.6 variations to height and FSR are considered to be well founded, demonstrate that compliance with the development standard is unreasonable and unnecessary in this instance, and adequately demonstrate that there are sufficient environmental planning grounds to justify contravening the development standards;

(E)      The recommended landscape conditions will ensure suitable landscaping to the rooftop terrace that is consistent with Council's Green Roofs policy;

(F)      The recommended operational conditions for the use of the rooftop terrace are considered to adequately address issues raised by the community in relation to noise management and amenity impacts.

(G)      The amendment to Condition 5(a) includes reference to the Saturday use of the rooftop terrace, which was inadvertently not included in original Condition 5(a).

D/2017/1545