Development Application: 79-83 Abercrombie Street, Chippendale

Decision Maker: Local Planning Panel

Decision status: Recommendations Determined


The Panel:

(A)      Upheld the variations sought to the height development standard under Clause 4.3 and the floor space ratio standard Clause 4.4 in accordance with Clause 4.6 of the Sydney Local Environmental Plan 2012; and

(B)      Granted consent to Development Application No. D/2018/947 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 strikethrough):


(a)        The materials schedule is to be updated to provide details on the building element marked ‘EN’ on 81 Abercrombie Street. The schedule must be submitted for approval by Council’s Area Planning Manager prior to the issue of a Construction Certificate.

(b)       An additional awning is to be added from the northern boundary of the new building around the corner into Myrtle Street ensuring that pedestrian cover is provided to the crossing to the satisfaction of the Director City Planning, Development and Transport prior to the issue of Construction Certificate.

That Condition 41 be added and the remaining conditions renumbered accordingly.


Subject to the receipt of permission of the affected landowner, dilapidation report/s of adjoining buildings are to be prepared by an appropriately qualified practising structural engineer and submitted for the approval of the Principal Certifier:

(a)        prior to the commencement of demolition/excavation works; and

(b)       on completion of construction demolition/excavation works.

Reasons for Decision

The application was approved for the following reasons:

(A)      The proposed development is consistent with the objectives of the B4 Mixed Use zone.

(B)      The proposed development is consistent with the relevant objectives and controls outlined in the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.

(C)      The variations to Clause 4.3 and Clause 4.4 of the Sydney Local Environmental Plan 2012 are consistent with the provisions of Clause 4.6 and are in the public interest.

(D)      The proposal is sympathetic to the heritage item on the site and the Chippendale Conservation Area (C9).

(E)      The built form and design of the addition responds appropriately to the scale and form of the heritage item on the site and of adjoining buildings.

(F)      The proposal is considered to utilise high quality materials and exhibits design excellence.

(G)      The proposal will not adversely impact on the amenity of the neighbouring properties.

(H)      Condition 2(b) was added to meet the requirements of Clause 3.2.4 Footpath Awnings of the Sydney Development Control Plan 2012, improve amenity of the public domain, and provide weather protection for pedestrians waiting at the intersection and groups gathering to use the lecture theatre inside the development.

(I)        Condition 41 was added to assist in protecting adjoining properties during demolition and construction of the development. 

Carried unanimously.



The following people addressed the meeting of the Local Planning Panel on Item 3 – Mr Chris Wilson (Willowtree Planning – on behalf of applicant) and Mr Alec Tzannes (Tzannes Architects – on behalf of applicant).

Report author: Zeb McInnes

Publication date: 13/02/2019

Date of decision: 13/02/2019

Decided at meeting: 13/02/2019 - Local Planning Panel

Accompanying Documents: