Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
(A) upheld the variation sought to Clause 30(1)(h) of State Environmental Planning Policy (Affordable Rental Housing) 2009 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and
consent to Development Application No. D/2018/1074 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
(8) PLAN OF MANAGEMENT
The plan of management
submitted with the application is not approved. Prior to any Occupation
Certificate being issued, an updated Plan of Management is to be submitted to
Area Planning Manager Director City Planning, Development and
Transport for approval including the following updates:
(a) A complaints procedure including incident register that is to be made available to Council upon request.
(b) That the contact details of on-site manger to be made available to residents and neighbours.
(c) That CCTV cameras are to be located in common areas, including basement bicycle parking.
(d) Advice to occupants that they are not eligible to participate Council’s onstreet parking schemes.
(e) Bicycle parking provisions are updated to reflect the conditions of this consent.
(f) The recommendations included within the submitted acoustic report are to be included as well as consideration of previous DA requirements particularly in relation to the outdoor terrace.
(56) AIR CONDITIONERS
Any air conditioner/s installed, must comply with the requirements of Protection of the Environment Operations (Noise Control) Regulation 2008 and shall not:
(a) Emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):
(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or
(ii) before 7.00am and after 10.00pm on any other day; or
(b) Emit a sound pressure level that when measured at the boundary of any other residential property, at a time other than those specified in (i) and (ii) above, which exceeds the background (LA90, 15 minute) by more than 5dB(A). The source and background noise level must be measured as an LAeq 15 minute and LA90 15 minute in accordance with Australian Standard AS1055:1997, Acoustics – Description and measurement of environmental noise.
(69) WASTE AND RECYCLING MANAGEMENT
(70) Prior to an Occupation Certificate being
issued or the use commencing, whichever is earlier, the Principal Certifier must
ensure that waste handling works have been completed in accordance with: the
Waste and Recycling Management Plan; other relevant development consent
conditions; and Council's Guidelines for Waste Management in New Developments
1) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifier and a copy submitted to Council prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.
The application was approved for the following reasons:
(A) The proposed development is consistent with the objectives of the B1 Neighbourhood Centre Zone.
(B) The proposed development is generally consistent with the relevant objectives and controls within State Environmental Planning Policy (Affordable Rental Housing) 2009, Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.
(C) The requested variation to the minimum motorcycle parking standard required under clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 is approved 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 the Sydney Local Environmental Plan 2012 and the proposed development would be in the public interest because it is consistent with the objectives of the standard and the B1 Neighbourhood Centre Zone.
(D) Condition 8 Plan of Management was amended in response to concerns raised by a submitter in relation to noise emissions, parking and the level of detail provided in the submitted ‘House Rules’ in comparison with the previously approved development application. An amended Plan of Management is required to be submitted for approval by the Director City Planning, Development and Transport which addresses these concerns.
(E) Condition 56 Air Conditioners was amended to rectify an error which resulted in missing preamble text in the published Recommended Conditions of Consent. The missing text was added to the condition.
(F) The numbering of Conditions 70 and 71 was corrected.
Ms Lindy Walker (on behalf of SP58270 Executive Committee - 157-163 St Johns Rd, Glebe), Mr Giovanni Cirillo (applicant) and Mr Mark Shapiro (Mark Shapiro Architects – on behalf of applicant).
Report author: Shannon Rickersey
Publication date: 03/04/2019
Date of decision: 03/04/2019
Decided at meeting: 03/04/2019 - Local Planning Panel