Decision details

The Panel granted consent to Development Application No. D/2019/726 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(9)        CONSTRUCTION PEDESTRIAN AND TRAFFIC MANAGEMENT PLAN

A Construction Pedestrian Traffic Management Plan (CPTMP) must be submitted to and approved by Council’s assessing officers prior to any Construction Certificate being issued. Prior to being submitted to Council, written confirmation must be provided that the CPTMP has been submitted to and approved by the Light Rail Operator in consultation with Transport for NSW.

The CPTMP needs to specify matters including, but not limited to, the following:

(a)        Location of any proposed work zone(s);

(b)        Haulage route(s);

(c)         Construction vehicle access arrangements;

(d)        Proposed construction hours;

(e)        Predicted number of construction vehicle movements and detail of vehicle types, noting that vehicle movements are to be minimised during peak periods;

(f)          Construction program and construction methodology;

(g)        Any potential impacts to general traffic, cyclists, pedestrians and light rail and bus services within the vicinity of the site from construction vehicles during the construction of the proposed works;

(h)        Cumulative construction impacts of projects including Sydney Light Rail Project. Existing CPTMPs for developments within or around the development site should be referenced in the CPTMP to ensure that coordination of work activities are managed to minimise impacts on the CBD road network; and

(i)          Proposed mitigation measures. Should any impacts be identified, the duration of the impacts and measures proposed to mitigate any associated general traffic, public transport, pedestrian and cyclist impacts should be clearly identified and included in the CPTMP.

(j)          Access to the Gateway Apartments building is to be maintained throughout the construction period.

The applicant shall submit a copy of the final plan to the Accredited Certifier (PCA).

(32)      NO FOOD PREPARATION (PRE-PACKAGED FOODS ONLY)

This approval does not include the preparation and processing of food at the premises, and relates only to the sale of food sold and served in the supplier’s original package.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with the aims and objectives of Clause 3 of State Environmental Planning Policy 64 and with the provisions of the State Environmental Planning Policy (Infrastructure) 2007;

(B)        The proposal complies with the relevant provisions of the Sydney Local Environmental Plan 2012 with regard to the aims of the Plan and in relation to the objectives of the B3 Commercial Core zone and the B4 Mixed Use zone; 

(C)       Having considered the matters in Clause 6.21(4) of the Sydney Local Environmental Plan 2012 and subject to recommended conditions of consent, the proposal is considered to display design excellence;

(D)       The proposal is considered to be acceptable with regard to the relevant provisions of the Sydney Development Control Plan 2012 in relation to public domain, commercial premises and transport; and

(E)        Suitable conditions of consent are recommended and the development is considered to be in the public interest. 

(F)        Condition 9 was amended to ensure access for Gateway Apartments residents will be protected during the construction period.

(G)       Condition 32 has been deleted as the application has been amended to include the installation of mechanical ventilation to service the ground level food and drink premises (café).

Carried unanimously.

D/2019/726

Speakers

Mr David Baxter (solicitor on the behalf of residents of the Gateway Apartments), Mr Paul Lemmerman (resident), Mr Scott Gibbons (resident), Ms Danielle Blakely (Urbis – on behalf of the applicant) and Mr Steve Owen (PTC – on behalf of the applicant).