Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
(A) upheld the written request seeking variation to Clause 4.3 height of building development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and
granted deferred commencement consent be granted
to Development Application D/2018/156 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
(2) DESIGN MODIFICATIONS
The design and the drawings of the building must be modified and submitted for approval to the Director City Planning, Development and Transport as follows:
(a) A 1.6m high privacy screen must be provided to:
(i) the western side of the balcony located on level 5 of apartment number 5.4; and/or
(ii) the eastern side of the balcony located on level 5 of apartment number 5.3.
(b) Privacy measures including window sill heights of 1.6m above finished floor level, fixed obscure glazing up to a minimum height of 1.6m above finished floor level or external privacy screens, must be provided to the following windows:
(i) The bedroom window located on the west elevation of apartment number 1.3 located on level 1.
(ii) The bedroom window located on the west elevation of apartment number 2.3 located on level 2 or the bedroom window located on the east elevation of apartment number 2.2 located on level 2.
(iii) The walk-in-robe window located on the west elevation of apartment number 2.3 located on level 2 or the bathroom window located on the east elevation of apartment number 2.2 located on level 2.
(iv) The bedroom window located on the west elevation of apartment number 3.3 located on level 3 or the bedroom window located on the east elevation of apartment number 3.2 located on level 3.
(v) The walk-in-robe window located on the west elevation of apartment number 3.3 located on level 3 or the bathroom window located on the east elevation of apartment number 3.2 located on level 3.
In complying with this condition, the development must remain compliant with the natural ventilation and natural cross ventilation provisions contained in Objective 4B of the Apartment Design Guide.
(c) Fixed perimeter planter boxes with a minimum width of 750mm and height of 1m are to be provided to the roof top terraces in the following locations:
(i) On the northern, eastern and western edge of the roof top terrace for apartment 5.1;
(ii) On the southern, eastern and western edge of the roof top terrace for apartment 5.2;
(iii) On the northern, southern and western edge of the roof top terrace for apartment 5.3; and
(iv) On the northern, southern and eastern edge of the roof top terrace for apartment 5.4.
(d) The bedrooms in the north-east corner of apartments 1.1, 2.1, 3.1, 4.1 and 5.1 are to be relocated to directly abut the eastern wall and window. The en-suite bathrooms are to be relocated to the interior of the room.
The application was approved for a deferred commencement consent 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 and does not result in any unreasonable environmental impacts for the reasons outlined in the report to the Local Planning Panel.
(B) The requested variation to the height development standard is upheld because the consent authority is satisfied that the applicant's written request has adequately addressed the matters required to be addressed by Clause 4.6 of SLEP 2012 and the proposed development would be in the public interest because it is consistent with the objectives of Clause 4.3 Height of Building and the B4 Mixed Use zone.
(C) The development, subject to conditions, will provide good amenity for future occupants and is generally compliant with SEPP No 65 - Design Quality of Residential Apartment Development and the ADG.
(D) The development, subject to conditions, is generally consistent with the objectives and provisions contained in SLEP 2012 and SDCP 2012.
(E) The proposed development is of a high standard and satisfies the design excellence criteria contained in Clause 6.21 of SLEP 2012.
(F) The proposal will improve the quality of the public domain through dedication of land towards the widening of the footpath along Beaconsfield Lane as detailed in the draft VPA.
(G) For the reasons above and as outlined in this report, the proposed development is in the public interest subject to conditions.
(H) Condition 2 Design Modifications was amended to require the north east corner of five apartments to be reconfigured to allow for better light and ventilation to bedrooms and improve the amenity of the apartments and prevent the ‘snorkel effect’.
Mr Aaron Sutherland (Sutherland & Associates – on behalf of applicant).
Report author: Tahlia Alexander
Publication date: 03/04/2019
Date of decision: 03/04/2019
Decided at meeting: 03/04/2019 - Local Planning Panel