Decision details

Mr Kennedy left the meeting prior to consideration and determination of this matter as per his declaration of a non-pecuniary conflict of interest in this item.

The Panel:

(A)      Upheld that the requirement under Clause 6.21 of the Sydney Local Environmental Plan 2012 requiring a competitive design process is unreasonable or unnecessary in the circumstances and is consistent with the approved design excellence strategy; and

(B)      Granted consent to Development Application No. D/2018/222 subject to the conditions set out in Attachment A to this report, subject to the following amendments (additions shown in bold italics and deleted text shown in strikethrough):

That Condition 38 be added and the remaining conditions renumbered accordingly.

(38)        ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION

(a)     Should any relics be unexpectedly discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977.

(b)     Should any Aboriginal objects be unexpectedly discovered then all excavation or disturbance of the area is to stop immediately and NSW Government Office of Environment and Heritage is to be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974

(c)     Should any archaeological remains or Aboriginal objects be discovered, a copy of recording of the finds and the final archaeological summary report is to be submitted to Council prior to the Occupational Certificate;

(d)     if the discovery is on Council’s land, Council must be informed.

Reasons for Decision

The Panel approved the application for the following reasons:

(A)      The development being the subject of this application is consistent with the objectives of the B4 - Mixed Use zone for the reasons set out in the report to the Local Planning Panel.

(B)      The built form, height and setbacks are consistent with the concept approval and are appropriate for the site and surrounding context.

(C)      The development is considered to exhibit design excellence, through its architecture, materiality and contribution to the public domain.

(D)      The development is consistent with the concept approval (as modified) pursuant to Section 4.24(2) of the Environmental Planning and Assessment Act 1979.

(E)      The development, subject to conditions, meets the objectives of the Apartment Design Guide (ADG) and is consistent with the design quality principles as per SEPP 65.

(F)       The development is consistent with the objectives of the Sydney Development Control Plan 2012.

(G)      Condition 38 was added to ensure that the applicant is aware of their obligations should any relics be discovered on site during excavation.

Carried unanimously.

D/2018/222