Decision details

The Panel:

(A)        upheld the variation sought to the height of building development standard under Clause 4.3, in accordance with Clause 4.6 of the Sydney Local Environmental Plan 2012 in this instance; and

(B)        granted consent to Development Application No. D/2019/78 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):

(2)     DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)        Amended architectural and landscape plans are required detailing the replacement of the south-eastern portion of the terrace adjacent to the cafeteria with a native garden. The landscaping must be designed to physically restrict access apart from access for maintenance purposes.

(b)        Amended landscape plans are required showing the deletion of the storage room.

(c)         All planters are to be set out back a minimum 600mm from the parapet inside edge to enable maintenance access.

(d)        All planters on the northern edge of the terrace are to be set out back a minimum 600mm off and parallel to the parapet inside edge.

The modifications are to be submitted to and approved by Council’s Director of City Planning, Development and Transport prior to a Construction Certificate being issued.

(4)     HOURS OF OPERATION – SENSITIVE USES

The hours of operation are approved for a period of three years from 15 May 2019, and are regulated as follows:

(a)        The hours of operation must be restricted to between 8.00am and 8.00pm Monday to Friday inclusive

(b)        Notwithstanding (a) above, the terrace may operate between 8.00pm and 10.00pm, Thursday and Friday, subject to review for a trial period of 1 year from the commencement of use.

(c)         A further application may be lodged to continue the operating hours outlined in (b) above not less than 30 days before the end of the trial period. Council’s consideration of a proposed continuation and/or extension of the hours permitted by the trial will be based on, among other things, the performance of the operator in relation to the compliance with development consent conditions, any substantiated complaints received and any views expressed by the Police.

Reasons for Decision

The application was approved for the following reasons:

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

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

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

(D)       The proposal will not significantly alter the scale or built form of the existing building and exhibits design excellence as required by Clause 6.21 of the Sydney Local Environmental Plan 2012.

(E)        Subject to conditions, the proposal will not have an unreasonable adverse impact on the amenity of the neighbouring properties.

(F)        In response to public submissions raising concerns about the hours of use of the roof terrace and potential noise impacts on neighbours, Condition 4 was amended to approve the hours of operation for three years with a trial period of one year imposed for the extended hours to allow for the ongoing monitoring and assessment of the use of the site and impacts on the amenity of the surrounding area.

Carried unanimously.

D/2019/78

Speakers

Mr Bob Chambers (BBC Consulting Planners – on behalf of the residents of 117-119 Kippax Street), Mr Bill Rothery (resident), Mr Angelo Candalepas (Candalepas Associates - on behalf of the applicant) and Mr Chris Low (Canva – applicant).