Decision status: Recommendations Determined
The Panel refused consent for Development
Application No. D/2018/1586 for the following reasons subject to the following
amendments to the reasons of refusal (additions shown in bold italics and deleted
text shown in strikethrough):
(A)
The development exceeds the height development
standard prescribed under Clause 4.3 of Sydney Local
Environmental Plan 2012 by 34%. Based upon the material available at
the time of determining this application, The consent authority is not satisfied
that the applicant’s written request has adequately addressed the matters
required to be demonstrated by Clause 4.6(3), that compliance with the height
development standard is unreasonable or unnecessary having regard to the specific
proposal and that there are sufficient environmental planning
grounds to justify contravening Clause 4.3 and as such the proposal is not
considered to be in the public interest.
(B)
The development exceeds the floor space ratio
development standard prescribed under Clause 4.4 of Sydney Local Environmental Plan 2012 by 37%. Based upon the
material available at the time of determining this application, The consent
authority is not satisfied that the applicant’s written request has adequately
addressed the matters required to be demonstrated by Clause 4.6(3), that
compliance with the floor space ratio development standard is unreasonable or
unnecessary having regard to the specific proposal and that there are
sufficient environmental planning grounds to justify contravening Clause
4.4 and as such the proposal is not considered to be in the public interest.
(C)
The proposal results in unsympathetic
alterations and additions to a heritage item located within a conservation
area. The proposal will adversely alter significant heritage fabric, elements
and spaces, and will not enhance the character and heritage significance of the
heritage item. The proposal therefore fails to comply with:
(i)
Clause 1.2(k) expressed in the Aims of the Plan Sydney Local Environmental Plan 2012;
(ii)
Clause 5.10 of Sydney Local
Environmental Plan 2012;
(iii)
Section 3.9(1) of Sydney
Development Control Plan 2012; and
(iv)
Section 3.9(b) of Sydney
Development Control Plan 2012.
(D)
The development results in a 4 storey building
and exceeds the 2 storey height in storeys control, contrary to Section 4.2.1
of the Sydney Development Control Plan 2012.
(E)
The proposed development fails to demonstrate
design excellence in accordance with Clause 6.21 of Sydney Local Environmental
Plan 2012 as it results in adverse bulk, detrimental impacts on the heritage
significance of the heritage item and the character of the conservation area,
and adverse impacts on the amenity of neighbouring properties.
(F)
The proposal does not maintain or enhance visual
privacy to neighbouring properties, and is therefore inconsistent with Aim
1.2(h) of Sydney Local Environmental Plan 2012
and the objectives of Section 4.2.3 of Sydney
Development Control Plan 2012.
(G)
The proposed development fails to demonstrate
adequate waste management for the residential and commercial uses and is
contrary to Section 3.14 and Section 4.2.6 of Sydney
Development Control Plan 2012.
(H)
The proposed development is not in keeping with
the future desired character of the area and is not considered to be in the
public interest.
Note: The Panel
amended Reasons for Refusal (A) and (B) to make it clear that the inferior
design quality of the proposal and related impacts has not allowed the Panel to
form the view that the proposed exceedance of height and floor space ratio
standards can be supported.
Carried unanimously.
D/2018/1586
Report author: Christina Robinson
Publication date: 07/08/2019
Date of decision: 07/08/2019
Decided at meeting: 07/08/2019 - Local Planning Panel
Accompanying Documents: