Decision details

The Panel:

(A)        supported the variation sought to the development standard under Clause 4.3 Height of Buildings in accordance with Clause 4. Exceptions to Development Standards in the Sydney Local Environmental Plan 2012; and

(B)        granted consent to Development Application No. D/2019/291 subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was approved for the following reasons:

(A)        The development is permissible in the B2 - Local Centre zone and consistent with the zone objectives.

(B)        Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:

(i)          The applicant's written request has adequately addressed the matters required to be demonstrated by Clause 4.6(3) of the Sydney Local Environmental Plan 2012, that compliance with the height of buildings development standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify contravening Clause 4.3 of the Sydney Local Environmental Plan 2012, and

(ii)         The proposal is in the public interest because it is consistent with the objectives of the B2 - Local Centre zone and the height of buildings development standard.

(C)       The development achieves a high standard of architectural design, material and detailing, with particular attention to the materials, relationship to adjacent development and contributions to the public domain. The development achieves the principles of ecologically sustainable development and has an acceptable environmental impact with regard to the amenity of the surrounding area and future occupants. The development therefore exhibits design excellence in accordance with Clause 6.21 of the Sydney Local Environmental Plan 2012 and consent may be granted.

(D)       The development is consistent with the concept approval granted under D/2015/966/C and the planning agreement for public domain works.

(E)        Subject to conditions, construction impacts can be mitigated to protect the amenity and function of the surrounding area.

(F)        For the reasons above, the development is in the public interest.

Carried unanimously.

D/2019/291