Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Mr Kennedy left the meeting at 6.40pm, prior to
discussion on Item 7, and returned to the meeting at 7.19pm, at the conclusion
of discussion and voting on Item 7.
The Panel:
(A)
Upheld the written request seeking a variation
to Clause 4.3 'height of buildings' development standard in accordance with
Clause 4.6 'Exceptions to development standards' of the Sydney Local
Environmental Plan 2012.
(B)
Granted consent to Development Application No.
D/2018/761 subject to the conditions set out in Attachment A
to the subject report.
The application was approved for the following
reasons:
(A)
The development is permissible in the B4 – Mixed
Use zone and consistent with the zone objectives.
(B)
The requested variation to the height of
buildings development standard is upheld 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 height of buildings
development standard and the B4 - Mixed Use zone.
(C) The
development as amended achieves design excellence having regard to the form and
scale of the apartment building, its relationship to the streetscape and
neighbouring buildings, the provision of landscaping and consideration of
neighbour’s amenity.
(D) The
development will have an acceptable impact on the character and appearance on
the Little Riley Street conservation area (C65) in accordance with Clause 5.10
of the Sydney Local Environmental Plan 2012 and Section 3.9 of the Sydney
Development Control Plan 2012.
(E)
The development addresses the design quality
principles of State Environmental Planning Policy 65 - Design Quality of
Residential Apartment Development and the accompanying Apartment Design Guide,
providing a good standard of amenity for residents and protecting the character
and amenity of the surrounding area.
(F)
The extent of overshadowing caused by the
proposal has been reduced through amendments during the assessment of the
application and meets Objective 3B-2 of the Apartment Design Guide.
Non-compliance with overshadowing controls under Section 4.2.3.1 of the Sydney
Development Control Plan 2012 are acceptable in accordance with Section 1.1.
(G) For
the reasons above, the development is in the public interest.
Carried unanimously.
Speakers
Mr Paul Preobrajensky (resident), Mr Simon Hanson
(Bureau SRH Pty Ltd – on behalf of applicant) and Mr David Waghorn (Planning
Ingenuity – on behalf of applicant).
D/2018/761
Report author: David M Zabell
Publication date: 17/07/2019
Date of decision: 17/07/2019
Decided at meeting: 17/07/2019 - Local Planning Panel
Accompanying Documents: