Decision Maker: Central Sydney Planning Committee
Decision status: Recommendations Determined
Moved by the Chair (the Lord Mayor), seconded by Mr White -
It is resolved that:
(A) authority be delegated to the Chief Executive Officer (CEO) to determine Development Application No. D/2017/1723, after the completion of the public exhibition period of the draft Voluntary Planning Agreement between 888 Place Pty Limited and the City of Sydney and consideration of any submissions;
(B) the Design Excellence Strategy for 888 Bourke Street, Zetland, dated 6 September 2018, prepared by LJB Urban Planning Pty Ltd on behalf of Toplace Pty Ltd, be approved pursuant to Section 3.3 of the Sydney Development Control Plan 2012 and Section 1.2 of the City of Sydney Competitive Design Policy; and
(C) if the Chief Executive Officer determines to approve Development Application No. D/2017/1723, then consideration be given to granting deferred consent, 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 of the Central Sydney Planning Committee on 6 December 2018, subject to the amendment of Condition (2) of Schedule 1 - Deferred Commencement Conditions (Conditions to be Satisfied Prior to Consent Operating), (A) Part A - Deferred Commencement Conditions, and Condition (7) of (B) Part B - Conditions of Consent, Schedule 1A, Approved Development/Design Modifications/Covenants and Contributions/Use and Operation (with modifications shown in bold italics (additions) and strikethrough (deletions)), as follows:
SCHEDULE 1 - DEFERRED COMMENCEMENT CONDITIONS, (A) PART A - DEFERRED COMMENCEMENT CONDITIONS
(2) ENVELOPE MODIFICATIONS
The building envelopes must be modified as follows:
An additional minimum 3 A 9 metre setback from the south-western
site boundary with 890-898 Bourke Street must be provided at levels 4 and 5.
An additional minimum 3 A 9 metre setback from the south-western
site boundary with 15 Joynton Avenue must be provided at a minimum for levels
4 and 5 all levels above ground.
An additional minimum 3 A 9 metre
setback from the south-eastern site boundary with 17 Joynton Avenue must be
provided at a minimum for all levels
4 and 5 above ground.
(d) A minimum 3 metre setback must be provided from the eastern boundary with 5 O’Dea Avenue from RL 32.00 and above.
(e) A deep soil area with a minimum width of 3m must be provided at both basement levels along the southern boundary and the eastern boundary respectively where the site adjoins 15 and 17 Joynton Avenue.
Amended plans must be submitted and approved by the Director City Planning, Development and Transport.
(B) PART B - CONDITIONS OF CONSENT, SCHEDULE 1A
(7) DETAILED DESIGN OF BUILDINGS
The competitive design process brief and subsequent detailed design development application must incorporate the following requirements:
(a) Minimise overshadowing on adjoining properties in accordance with ADG objective 3B-2.
(b) Provide a compliant amount of communal open space in accordance with the ADG that receives adequate solar in accordance with the ADG.
(c) If roof top communal open space is proposed it must provide equitable access, be designed to prevent overlooking and noise impacts and all structures (including but not limited to plant and lift overruns) must be within the 22m height limit.
(d) Adequate privacy treatment for future ground floor units along the O’Dea Avenue and new street frontage.
(e) Design development to address and integrate with the future through site link at 890 - 898 Bourke Street.
(f) Design development at the highly visible/landmark corner at Bourke Street and O’Dea Avenue in accordance with the requirements of the Section 5.2.8 of the Sydney DCP.
(g) Adequate treatment of the setback and façade of the development where it will adjoin 5 O’Dea Avenue.
(h) Provision of individual residential entries for ground floor units and a clear street address for both buildings.
(i) Acoustic and ventilation treatments to Bourke Street and O’Dea Avenue frontages and the ground floor apartments that front the basement accessway in accordance with the requirements of the Sydney DCP and ADG.
(j) Waste management facilities in accordance with Section 4.2.6 of the Sydney DCP.
(k) A minimum 9m wide landscaped zone of which 3m is a deep soil zone is to be provided on the southern and eastern boundaries of Building B where the site adjoins 15 and 17 Joynton Avenue.
(l) An alternate location for the vehicular access to the basement must be provided under the building and not in the landscaped setback zone. Access to the development is to remain off Kingsborough Way.
The application is recommended for approval for the following reasons:
(A) The proposed development is consistent with Section 4.15 of the Environmental Planning and Assessment Act 1979, in that, subject to the imposition of appropriate conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Central Sydney Planning Committee.
(B) The proposed development complies with the permitted height for the site under the Sydney Local Environmental Plan 2012 and has a height and form which is considered to be generally suitable for the condition of the site and its context.
(C) The proposed building envelopes are capable of accommodating future buildings which can exhibit design excellence in accordance with Clause 6.21 of the Sydney Local Environmental Plan 2012.
(D) The proposed envelopes are capable of being consistent with the provisions of the State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and the Apartment Design Guide in that, subject to the recommended conditions it will provide building envelopes which are capable of accommodating future buildings which can achieve high amenity for future residents with regard to communal open space, solar access, natural ventilation, private open space, building separation and privacy.
(E) The public interest is served by the approval of the proposal, as amendments to the development application have addressed the matters raised by the community, subject to recommended conditions imposed.
(F) The Central Sydney Planning Committee modified the proposed building envelopes as follows -
(i) A 9 metre setback from the south-western site boundary with 890-898 Bourke Street must be provided at levels 4 and 5.
(ii) A 9 metre setback from the southern site boundary with 15 Joynton Avenue must be provided at a minimum for all levels above ground.
(iii) A 9 metre setback from the south-eastern site boundary with 17 Joynton Avenue must be provided at a minimum for all levels above ground.
(iv) A minimum 3 metre setback must be provided from the eastern boundary with 5 O’Dea Avenue from RL 32.00 and above.
(v) A deep soil area with a minimum width of 3m must be provided at both basement levels along the southern boundary and the eastern boundary respectively where the site adjoins 15 and 17 Joynton Avenue.
Mr David Krepp addressed the meeting of the Central Sydney Planning Committee on Item 6.
Report author: David Reynolds
Publication date: 06/12/2018
Date of decision: 06/12/2018
Decided at meeting: 06/12/2018 - Central Sydney Planning Committee