Development Application: 54-56 Riley Street, Darlinghurst
Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Decisions:
Mr Carter left the meeting prior to
consideration and determination of this matter as per his declaration of a
pecuniary conflict of interest in this item.
The Panel:
(A) Upheld
the variation sought to Clause 4.3 Height of Buildings contained in the Sydney
LEP 2012, pursuant to the provisions of Clause 4.6 of the Sydney Local
Environmental Plan (LEP) 2012in this instance; and
(B) pursuant to Section 4.16(3) of the Environmental Planning
and Assessment Act 1979, granted deferred commencement consent to Development
Application No. D/2018/355, subject to the conditions set out in Attachment
A to the subject report.
Reasons for
Recommendation
The Panel approved the application for the following reasons:
(A)
The proposed development 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
requested variation to Clause 4.3 of the Sydney Local Environmental Plan 2012
"Height of Buildings" is consistent with the provisions of Clause 4.6
"Exceptions to development standards" is supported and is in the
public interest.
(C) Minor
non-compliance with the design criteria of objective 3F-1 (Visual privacy) of
the Apartment Design Guide 2015 (ADG) is acceptable. The development achieves
the broad objectives of the ADG and the design quality principles of State
Environmental Planning Policy No. 65 - Design Quality of Residential Apartment
Development. Suitable measures have been provided to ensure adequate visual
privacy, and through the provision of the large communal rooftop open space,
residents will be ensured of an acceptable level of amenity.
(D) The
built form and design of the proposed development responds appropriately to the
site and the scale of surrounding buildings, utilises high quality materials,
and is compatible with the character and appearance of the East Sydney heritage
conservation area. The development is considered to achieve design excellence
under clause 6.21 of the Sydney LEP 2012.
(E) The
proposal provides appropriate level of activation to Riley Street at the ground
floor.
(F) As
conditioned, the proposal is generally consistent with the objectives of the
relevant controls for the site and will not adversely impact the amenity of
neighbouring properties.
Carried unanimously.
D/2018/355
Report author: Bridget McNamara
Publication date: 05/12/2018
Date of decision: 05/12/2018
Decided at meeting: 05/12/2018 - Local Planning Panel
Accompanying Documents: