Decision details

The Panel:

(A)        upheld the variation requested to the Sydney LEP 2012 building height development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;

(B)        upheld the variation requested to the Affordable Rental Housing SEPP 2009 motorbike parking development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(C)       granted deferred commencement consent to Development Application No. D/2019/880 subject to the conditions set out in Attachment A to the report, subject to the following amendments (deletions shown in strikethrough):

(18)     FLOOR SPACE RATIO - ALL OTHER AREAS

The following applies to Floor Space Ratio:

(a)     The Floor Space Ratio for the boarding house must not exceed 2:1 calculated in accordance with the provisions of the Sydney Local Environmental Plan 2012. For the purposes of the calculation of FSR, the Gross Floor Area of the premises is 674.43sqm.

(b)     Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Gross Floor Areas (by use) in the development, utilising the definition under the Sydney Local Environmental Plan 2012, applicable at the time of development consent, to the satisfaction of the Principal Certifier.

(27)     SURVEILLANCE CAMERAS

(a)        CCTV surveillance cameras must be installed prior to the issue of any occupation certificate. The CCTV surveillance cameras must be operated and maintained throughout the premises with particular coverage to:

(i)      principal entrance/s and exits;

(ii)     all areas within the premise occupied by the public (excluding toilets);

(iii)     staircases;

(iv)    basement including bicycle parking areas;

(v)     roof top communal private open space; and

(vi)    the area within a 10m radius external to the public entrance(s) to the premise.

Reasons for Decision

The application was approved for the following reasons:

(A)        The applicant’s written requests have adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the height of buildings development standard and motorbike parking rates is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.3 of the Sydney Local Environmental Plan 2012 and clause 30(f) of the Affordable Rental Housing SEPP 2009;

(B)        The proposed development is consistent with the objectives of the B4 Mixed Use zone and the height of buildings development standard;

(C)       Having considered the matters in Clause 6.21(4) of the Sydney Local Environmental Plan 2012, the building displays design excellence because:

(D)       The materials and detailing are appropriate to the building type and location;

(E)        The works will not have any significant impacts on the quality of the public domain; and

(F)        The proposed bulk, massing and modulation of the subject building is acceptable.

(G)       Subject to conditions, the proposed development will not result in adverse amenity impacts on the surrounding area and will result in a positive contribution to the public domain; and

(H)       Subject to conditions, the proposal will not result in unacceptable amenity impacts on surrounding properties. For this reason and as outlined in this report, the proposed development is in the public interest.

(I)          Conditions 18 and 27 were amended for the purposes of administrative exactitude.

Carried unanimously.

D/2019/880

Speakers

Mr Gerard Turrisi (Gat & Associates) and Mr Glenn McCormack (Benson McCormack Architecture) – on behalf of the applicant.