Decision Maker: Central Sydney Planning Committee
Decision status: Recommendations Determined
Moved by the Chair (the Lord Mayor), seconded by Councillor Scully -
It is resolved that consent be refused for Section 4.55 Application number D/2016/989/B for the following reasons:
(A) The proposed amendment results in a development which is not substantially the same as that which was originally approved. As such, the development does not comply with section 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.
(B) The proposed amendment will adversely impact on Sydney Park. The proposed change to the height of the buildings and the decrease in setbacks from the boundaries means that the development will be more visible from the Park and cause additional overshadowing. This is not in the public interest. As such, the development does not comply with section 4.55(3) and 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.
(C) The loss of trees within Sydney Park is contrary to aims of the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, and section 3.5.1 of the Sydney Development Control Plan 2012. It is also prohibited under sections 35, 36G and 36L of the Local Government Act 1993 and Sydney Park Plan of Management.
(D) The proposed increase in height means that the development further exceeds the permitted 18 metre height limit across the site. This height is not appropriate for the site or the surrounding context, and therefore fails to meet objective (a) under clause 4.3 of the Sydney Local Environmental Plan 2012.
(E) The proposed setbacks to the southern and western boundaries do not meet the minimum separation and setback requirements under parts 2F and 3F of the Apartment Design Guide. Further, the internal separation distances between the eastern end of the Parkside buildings, and the Euston Road buildings, do not meet the requirements under parts 2F and 3F of the Apartment Design Guide.
(F) The modification cannot be considered to demonstrate good design, as per the Design Quality Principles in Schedule 1 of the State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development. The modified development does not respond appropriately to its context. The built form and scale of the modified development will cause adverse impacts on Sydney Park and it will result in sub-optimal residential amenity.
(G) The modification does not demonstrate design excellence as per clause 6.21 of the Sydney Local Environmental Plan. The modified envelopes will result in a building that is over the permitted height control, is too close to Sydney Park boundaries and does not meet the minimum required separation distances as established by the Apartment Design Guide. The proposal will impact on trees located in Sydney Park and will be more perceptible for users of Sydney Park.
Ms Penny Fuller (Sylvester Fuller) – on behalf of the applicant, and Ms Clare Swan (Ethos Urban) – on behalf of the applicant, addressed the meeting of the Central Sydney Planning Committee on Item 13.
Report author: Erin Faulkner
Publication date: 25/06/2020
Date of decision: 25/06/2020
Decided at meeting: 25/06/2020 - Central Sydney Planning Committee