Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Mr Carter left the meeting at 6.24pm, prior to discussion on Item 5, and returned to the meeting at 6.40pm, at the conclusion of discussion and voting on Item 5.
(A) upheld the variation sought to the height of building development standard under Clause 4.3, in accordance with Clause 4.6 of the Sydney Local Environmental Plan 2012 in this instance; and
granted deferred commencement consent to
Development Application D/2018/1208 pursuant to Section 4.16(3) of the Environmental
Planning and Assessment Act 1979, subject to the conditions set out in Attachment
A to the subject report, subject to the following
amendments (additions shown in bold
italics and deleted text shown in
(132A) ROADS AND MARTIME SERVICES – DESIGN PLANS AND HYDRAULIC CALCULATIONS
Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to Roads and Maritime Services for approval, prior to commencement of any works.
(132B) ROADS AND MARITIME SERVICES – DESIGN DRAWINGS AND DOCUMENTS
(a) The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime Services for assessment, in accordance with Technical Direction GTD2012/001.
(b) The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the by Roads and Maritime Services.
(c) If it is necessary report to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days’ notice to excavate below the base of the footings. The notice is to include complete details of the work.
(132C) ROADS AND MARITIME SERVICES – ROAD OCCUPANCY LICENCE
A Road Occupancy License (ROL) should be obtained from the Roads and Maritime Services Transport Management Centre for any works that may impact on traffic flows on O’Dea Avenue during construction activities.
(132D) ROADS AND MARITIME SERVICES – VEHICLES
(a) All vehicles are required to enter and exit the property in a forward direction.
(b) All vehicles are to be contained on the site before being required to stop.
(c) All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on O’Dea Avenue.
The application was approved for the following reasons:
(A) The proposed development is consistent with Section 4.15 of the Environmental Planning and Assessment Act 1979, in that it achieves the objectives of the planning provisions for the site and does not result in any unreasonable environmental impacts for the reasons outlined in the report.
(B) The development is consistent with the objectives of the B4 Mixed Use zone pursuant to the Sydney Local Environmental Plan 2012 (Sydney LEP 2012).
(C) The variation to Clause 4.3 height of building development standard under the Sydney LEP 2012 pursuant to Clause 4.6 is supported and it is considered to be in the public interest.
(D) The development is consistent with the permitted Floor Space Ratio (FSR) under Clause 4.4 of the Sydney LEP 2012.
(E) The development exhibits design excellence pursuant to Clause 6.21 of the Sydney LEP 2012. In particular, the development exceeds the minimum BASIX targets for water and energy.
(F) The development will provide a high level of amenity for future occupants as it is consistent with the design quality principles of State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development and meets the objectives of the Apartment Design Guide.
(G) The development is consistent with the concept development consent (D/2016/1450) applicable to the site pursuant to Section 4.24(2) of the Environmental Planning and Assessment Act 1979.
(H) The development is generally consistent with the objectives of the Sydney Development Control Plan 2012 (Sydney DCP 2012), specifically the Green Square and Lachlan Precinct provisions which apply to the site.
(I) For the reasons above and as outlined in this report, the proposed development is in the public interest, subject to conditions.
(J) The Panel accepted the inclusion of Conditions 132A-D as proposed by Council staff.. The conditions were recommended in response to a submission made by the RMS.
Mr Daniel Howard (Ethos Urban – on behalf of the applicant).
Report author: Erin Faulkner
Publication date: 05/06/2019
Date of decision: 05/06/2019
Decided at meeting: 05/06/2019 - Local Planning Panel