Development Application: 82 City Road, Chippendale
Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Decisions:
The Panel refused Development Application No.
(A)
The proposal
does not comply with the following provisions of the State Environmental Planning Policy
(Affordable Rental Housing) 2009 which
will have an unacceptable impact on the amenity of the future occupants:
(i)
Clause 29
2(c) - Solar Access
(ii)
Clause 29
2(d) - Private Open Space
(iii)
Clause 29
2(f) - Accommodation Size
(iv)
Clause 30
1(h) - Motorcycle Parking
(v)
Clause 30A -
Character of the Local Area
(B)
The proposal
does not comply with Clause 4.6 of the Sydney Local Environmental Plan 2012 in relation to the written request for a waiver of the
requirements under Clause 30 1(h) of the State Environmental Planning Policy (Affordable Rental
Housing) 2009 as it is considered to
not be in the public interest.
(C)
The proposal
results in unsympathetic alterations and additions to a contributory building
within a conservation area which fail to respect the characteristic built form
of a row of contributory terraces, resulting in detrimental impacts on the
Chippendale heritage conservation area (C9). The proposed development is
therefore contrary to the requirements of Clauses 5.10 of Sydney Local Environmental Plan 2012, and Sections 3.9.6, 3.9.7 and 3.9.13 of Sydney Development Control Plan 2012.
(D)
As a result
of the unsympathetic additions, the proposal alters the profile and form of the
original building and extends beyond the predominant rear alignment of
contributory buildings within the street block. The proposal fails to respond
to the scale and character of the existing building or adjoining development
and is therefore inconsistent with Section 4.2.2 of Sydney Development Control Plan 2012
(E)
The proposed
development fails to demonstrate design excellence in accordance with Clause
6.21 of Sydney Local
Environmental Plan 2012 as it results
in unacceptable bulk and scale, detrimental impacts on the character of the
conservation area, detrimental impacts on the amenity of neighbouring
properties and on the streetscape on Maze Lane.
(F)
The
application has failed to demonstrate that the proposal will not have
detrimental impacts on the amenity of neighbouring properties by way of
unacceptable visual privacy and overshadowing impacts, and as such is
inconsistent with the requirements of Section 4.2.3 of Sydney Development Control Plan 2012.
(G)
The
application has failed to demonstrate the proposed excavation will not have
detrimental impacts on the subject and adjoining properties contained with the
heritage conservation area in accordance with Section 3.9.13 of the Sydney Development Control Plan 2012.
(H)
The proposed
boarding house will have unacceptable amenity impacts to the future occupants
due to the proposal's noncompliance with the following sections the Sydney Development Control Plan 2012:
(i)
Section
4.4.1.2 - Bedrooms
(ii)
Section
4.4.1.4 - Communal Living Areas and Open Space
(iii)
Section
4.4.1.5 - Bathroom. Laundry and drying facilities
(iv)
Section
4.4.1.6 - Amenity, safety and privacy
(I)
The submitted
Waste Management Plan does not adequately address the requirements of Section
3.14 of the Sydney
Development Control Plan 2012.
(J)
The proposal
does not comply with the provisions of tree management under Section 3.5.3 of
the Sydney Development
Control Plan 2012 due to the loss of
tree canopy and insufficient information to support the proposed removal of 3
trees.
(K)
The
proposed development is not in keeping with the future desired character of the
area and is not considered to be in the public interest.
Carried unanimously.
D/2018/842
Report author: Jemima Royall
Publication date: 30/01/2019
Date of decision: 30/01/2019
Decided at meeting: 30/01/2019 - Local Planning Panel
Accompanying Documents:
- Development Application: 82 City Road, Chippendale PDF 3 MB
- Attachment A - Selected Drawings PDF 6 MB
- Attachment B - Clause 4.6 Variation Request - Height of Buildings PDF 190 KB
- Attachment C - Clause 4.6 Variation Request - Motorbike Parking PDF 590 KB
- Restricted enclosure
- Presentation for Item 7 PDF 3 MB