Development Application: 44-48 O'Dea Avenue, Waterloo (Building D)
PDF 126 KBDecision Maker: Local Planning Panel
Decision status: Recommendations Determined
Decisions:
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 and unnecessary in the circumstances and is consistent with the approved design excellence strategy; and
(B)
Granted consent to Development Application No.
D/2018/304 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):
(9)
LANDSCAPING
– BUILDING A
In the event that no construction certificate has been issued for a mixed use development and work has not commenced to erect the building on the site identified on the concept consent D/2016/1450 as “Building A”, all landscaping in drawing LC02, revision P1, ‘landscaping design – lot 6, prepared by Taylor Brammer and dated 8 October 2017 is to be completed prior to the issue of an Occupation Certificate for building D.
That Condition 43 be added and the remaining conditions renumbered accordingly.
(43) 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.
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Reasons for
Decision |
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The Panel approved the application for the following reasons: (A)
The
development is consistent with the objectives of the B4 mixed use zone
pursuant to the Sydney Local Environmental Plan 2012. (B)
The
development is consistent with the permitted height under Clause 4.4 of
Sydney Local Environmental Plan 2012. (C)
The
development demonstrates design excellence as per Clause 6.21 of Sydney Local
Environmental Plan 2012. In particular, the development exceeds the minimum
BASIX targets for water and energy. (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 DCP 2012. (G)
The Panel
required an amendment to Condition 9 to ensure that the landscaping
requirement is triggered in the event that no construction certificate has
been issued and no works have commenced to erect Building A. (H)
Condition
43 was added to ensure that the applicant is aware of their obligations
should any relics be discovered on site during excavation. |
Carried unanimously.
D/2018/304
Report author: Erin Cashman
Publication date: 24/10/2018
Date of decision: 24/10/2018
Decided at meeting: 24/10/2018 - Local Planning Panel
Accompanying Documents: