Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
The Panel:
(A)
Granted deferred commencement consent to
Development Application No. D/2018/1615 pursuant to Section 4.16(3) of the
Environmental Planning and Assessment Act 1979, subject to the conditions set
out in Attachment A to the subject report to the Local Planning Panel on 7
August 2019 and subject to the following condition amendments (additions shown
in bold
italics and deleted text shown in strikethrough):
Deletion of
Deferred Commencement Condition (2) and the remaining conditions renumbered
accordingly:
(2) SURRENDER OF CONSENT
In accordance with Section
4.17(1)(b) and Section 4.17(5) of the Environmental Planning and Assessment
Act, 1979, a notice of surrender of the following development consent must be provided
to Council in writing by the owner of the land in accordance with Clause 97 of
the Environmental Planning and Assessment Regulation, 2000:
(a) Development consent D/2017/1073.
Deletion of
Deferred Commencement Condition (4)(b) and 4(c)(iii) and the remaining condition
clauses renumbered accordingly; and
Amendment to Deferred
Commencement Condition 4(c) as follows:
(4) DESIGN MODIFICATIONS
(a) Public domain encroachments:
(i) The
encroachment of awnings into the land dedication area to McEvoy
Street and the public domain to Bowden Street must be removed.
(b) Deep soil and tree plantings:
(i) One tree must
be provided for every 4 car spaces not overhung by the building along the
south-eastern boundary of the site, planted in bays with a minimum dimension of
2 metres and soil depth of 1 metre unencumbered deep soil. The bays must be
provided with a raised kerb barrier and native ground cover planting.
(ii) All car parking spaces not overhung by the
building along the southeastern boundary of the site
must be provided with permeable paving.
(c) Facade changes:
(i) Adjustable
vertical louvres External shading must be added to all
openings on the south-eastern, north-eastern and north-western elevations
at levels 1, 2 and 3, to the satisfaction of the Director City,
Planning and Transport, to provide acceptable passive solar protection
from low altitude sunlight from spring equinox until autumn equinox.
(ii) The fixed vertical louvres shown on the
north-eastern elevation must be shown as adjustable to account for low altitude
morning sun.
(iii) Additional horizontal shading must be
provided to the north-eastern elevation to account for northern mid-summer sun
exposure.
…..
Insertion of a new
Condition (1A) in Schedule 1A of Part B of the Conditions of Consent as
follows:
(1A) SURRENDER OF CONSENT
In accordance with Section 4.17(1)(b) and Section 4.17(5) of the Environmental Planning and
Assessment Act, 1979, a notice of surrender of the following development
consent must be provided to Council in writing by the owner of the land in
accordance with Clause 97 of the Environmental Planning and Assessment
Regulation, 2000, prior to the issue of any Construction Certificate:
(a) Development consent D/2017/1073.
Amendment of Condition
(22) in Schedule 1A of Part B of the Conditions of Consent as follows:
(22) HOURS OF OPERATION
The hours of operation
are restricted to between 97.00am and 5.3010.00pm,
Monday
to Sunday Friday to Wednesday, and 9.00am and 8.00pm, Thursday.
Amendment of
Condition (74) in Schedule 1B of Part B of the Conditions of Consent as
follows:
(74) LANDSCAPED (GREEN)
ROOFS
(a) A detailed plan of the green roof, drawn to
scale, by a qualified landscape architect or landscape designer, must be
submitted to and approved by Council’s Director City Planning, Development and
Transport Area Coordinator Planning Assessments / Area Planning
Manager prior to the issue of any Construction Certificate. The plan must
include:
(i) A statement
that includes details of proposed use of the green roof, general accessibility,
as well as noise and privacy treatments.
(ii) Location of existing and proposed
structures, services and hard landscaping on the rooftop, roof fixings and
other structural elements that may interrupt waterproofing, including
cross-sectional details of all components.
(iii) Details of earthworks including mounding
and retaining walls and planter boxes (if applicable).
(iv) Details of the
location, sizes and numbers of plants used with reference to NATSPEC (if
applicable), with preference for drought resistant species.
(v) Details of the soil media/substrate type and depth.
(vi) Details of
installation methodology e.g. safety considerations for working at height,
location of maintenance hooks (if applicable) transport materials etc.
(vii) Details of accessible and inaccessible areas
on the Green Roof. Where proposed to be inaccessible, Green Roofs are required
to remain such during occupation of the property.
(viii) Details of drainage and irrigation systems,
including overflow provisions and water retention cells in the drainage layer
(if applicable).
(b) Prior to the issue of any Construction
Certificate, the following details are to be submitted to and approved by the
Principal Certifier:
(i) Evidence the
green roof has been assessed as part of the structural certification provided
for the development; and
(ii) Evidence the green roof has been assessed
as part of the waterproofing certification provided for the development.
(c) All landscaping in the approved plan is to
be completed prior to the issue of any Occupation Certificate.
(d) Prior to the issue of any Occupation
Certificate, a maintenance plan for the green roof is to be
submitted and approved by Council’s Director City Planning,
Development and Transport the Principal Certifier. A copy of the
maintenance plan is to be kept on site at all times during construction and
shall be produced to Council on request following completion. The Maintenance
Manual shall include as a minimum:
(i) Frequency and
methodology of different maintenance requirements including the removal of
green waste.
(ii) Details of safety procedures.
(iii) Laminated copies of ‘As Built’ drawings.
(iv) Manufacturer’s
contact details and copies of manufacturers’ typical details and specification;
(v) Copies of warranties and guarantees
relating to all materials and plant used in construction; and
(vi) Decommissioning
procedures.
(e) Inaccessible green roofs are required to
remain inaccessible during occupation of the property.
The application was approved for the following
reasons:
(B)
The proposed development is consistent with
Section 4.15 of the Environmental Planning and Assessment Act 1979, in that it
achieves the objectives of the planning provisions for the site and does not
result in any unreasonable environmental impacts for the reasons outlined in
the report.
(C)
The development is consistent with the
objectives of the B6 Enterprise Corridor zone pursuant to the Sydney Local
Environmental Plan 2012.
(D)
The development is consistent with the maximum
permitted Height of Buildings under Clause 4.3 of the Sydney Local
Environmental Plan 2012.
(E)
The development is consistent with the maximum
permitted Floor Space Ratio (FSR) under Clause 4.4 of the Sydney Local
Environmental Plan 2012, pursuant to the End of journey floor space and
Community infrastructure floor space at Green Square provisions under Clause
6.13 and Clause 6.14 of the Sydney Local Environmental Plan 2012.
(F)
The built form, height and setbacks addresses
the context of the site and are appropriate within the streetscape.
(G)
The proposed mix of land uses are appropriate
for the Southern Employment Lands.
(H)
The development exhibits design excellence
pursuant to Clause 6.21 of the Sydney Local Environmental Plan 2012 through its
architecture, materiality and contribution to the public domain. In particular,
the development is capable of achieving a 5.5 star NABERS Energy rating.
(I)
The development is generally consistent with the
objectives of the Sydney Development Control Plan 2012, specifically the Green
Square and Southern Employment Lands provisions which apply to the site
(J)
The proposed development contributes to the
delivery of community infrastructure for Green Square through the dedication of
land and embellishment works for a widened shared path along the McEvoy Street frontage, as well as a monetary contribution.
These are included in the voluntary planning agreement associated with the
development application. The imposition of a deferred commencement is to allow
execution of the voluntary planning agreement and registration on title.
(K)
For the reasons above and as outlined in this
report, the proposed development is in the public interest, subject to
conditions.
(L)
The Panel supported the deletion of deferred commencement
condition 2 and amendment to deferred commencement condition 4(b), and the
insertion of condition 1A and amendment to conditions 22 and 74 as per Council
staff’s recommendation and rationale provided in the Relevant to Memorandum,
dated 5 August 2019.
(M)
The Panel amended deferred commencement
condition 4(c) in response to a submission made by representatives of the
applicant. The amended condition allows greater flexibility for the applicant
in providing an external shading design solution that ensures the development
meets the minimum NABERS rating of 5.5 whilst providing appropriate amenity for
future occupants.
Carried unanimously.
Speakers
Mr Scott Barwick (SJB Planning – on behalf of the
applicant) and Mr Marcus Lewin (SJB Architects – on behalf of the applicant).
D/2018/1516
Report author: David Reynolds
Publication date: 07/08/2019
Date of decision: 07/08/2019
Decided at meeting: 07/08/2019 - Local Planning Panel
Accompanying Documents: