Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
The Panel granted a deferred commencement consent to Development Application No. D/2018/871 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, and subject to the following amendments (additions shown in bold italics and deletions in strikethrough):
(55) INACCESSIBLE GREEN ROOFS (BOTANY TOWER ROOFTOP AND LEVEL 2 AWNING)
The landscape package, revision C, prepared by
Sydney Design Collective dated September 2019 is not approved. A detailed green
level two design including plans and details drawn to scale, and
technical specification, by a registered landscape architect or AILDM qualified
landscape designer, must be submitted to and approved by Council’s
Planning Manager Director City Planning, Development and
Transport prior to the issue of a Construction Certificate.
Reasons for Decision
The application was approved for the following reasons:
(A) The proposed development is for shop-top housing comprising apartment dwellings above ground floor retail and business premises. The site is located within the area subject to clause 1AA of Schedule 1 of the Sydney Local Environmental Plan 2012 (the LEP), which specifies development for the purposes of shop-top housing as being permitted with consent.
(B) The proposed development complies with the 22m height of buildings control pursuant to clause 4.3 of the LEP and complies with the 2:1 floor space ratio control pursuant to clause 4.4 of the LEP. The proposed development satisfies the relevant objectives of Sydney Development Control Plan 2012 (the DCP).
(C) The proposed development provides an appropriate architectural contribution that is suitable in terms of its context, scale and built form that is consistent with . As such it is considered to exhibit design excellence and satisfies the relevant requirements of clause 6.21 of the LEP.
(D) The proposed development will not result in unacceptable adverse impacts upon the amenity of surrounding residential properties, subject to the recommended conditions.
(E) Condition 55 was amended to provide abundant clarity on the landscape package design.
(F) The Panel accepted the concerns of neighbouring residents regarding overshadowing and basement construction, however these matters were regarded as having been adequately assessed and addressed.
Angela Amar (resident) and Tone Wheeler (Principal Architect, Environa Studio – on behalf of the applicant).
Report author: Ben Chamie
Publication date: 30/10/2019
Date of decision: 30/10/2019
Decided at meeting: 30/10/2019 - Local Planning Panel