Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
After hearing from all registered speakers, the Chair adjourned the Panel meeting at 5.52pm to further consider Item 3.
The Chair reconvened the Panel meeting at 5.59pm.
The Panel resolved to:
(A) Refuse Development Application No. D/2017/1701 for the following reasons, subject to amendment to reason (i) shown in bold italics below:
(i) The proposed increase from 60 to 248 patrons, the introduction of a restaurant in addition to an enlarged café, and the extended hours for both is an intensification of traffic, parking demand and noise which is not supported.
(ii) The proposal is inconsistent with Clause 1.2(2)(g) and (h) (Aims of Plan) of the Sydney Local Environmental Plan 2012 which aims to ensure that the pattern of land use and density in the City of Sydney reflects the existing and future capacity of the transport network and facilitates walking, cycling and the use of public transport and to enhance the amenity and quality of life of local communities. The proposal is not compatible with the existing and future capacity of the transport network and will detract from the amenity of residents within the adjoining R1 General Residential zone.
(iii) The proposal is inconsistent with the objectives of Section 3.11 (Transport and Parking) of the Sydney Development Control Plan 2012 as the proposal does not ensure that the demand for transport generated by the development is managed in a sustainable manner.
(iv) The proposal is inconsistent with the objectives of Section 3.15 (Late Night Trading Premises) of the Sydney Development Control Plan 2012 as the premises is not an appropriate location for a premises with a total capacity of 248 patrons and, it will have adverse impacts on the amenity of the adjoining residential uses.
(v) The proposal is contrary to the provisions of Section 4.15(1)(c) of the Environmental Planning and Assessment Act, 1979, relating to the suitability of the site for the development.
(vi) The proposal is contrary to the provisions of Section 4.15(1)(e) of the Environmental Planning and Assessment Act, 1979, relating to the public interest.
The Panel amended reason for refusal (i) to to make it clear that the impact of the proposal on parking demand in the local area is a key reason for refusal.
The following people addressed the meeting of the Local Planning Panel on Item 3 – Nathan Fisher (resident), Palvinder Singh (resident), Janet Simpson (resident), Margaret McCluskey (resident), and Peter Hanna (applicant).
Report author: Matthew Girvan
Publication date: 21/11/2018
Date of decision: 21/11/2018
Decided at meeting: 21/11/2018 - Local Planning Panel