Decision details

The Panel granted consent to Development Application No. D/2019/1176 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):

(15)      ROADS AND MARITIME SERVICES (RMS) - SPECIAL CONDITIONS

(a)        The tables and chairs shall be located on South Dowling Street in the identified space as shown on the submitted sketch with a 2.5 meters clearance from the face of kerb on South Dowling Street.

(b)        Clearance widths for pedestrians should be maintained in accordance with AUSTROADS Guide to Road Design Part 6A – Pedestrian and Cyclist Paths (Section 6 Design Criteria for Pedestrian Paths) with additional allowance made for transverse movements by staff and customers.

(c)     The clearance widths must consider any existing or proposed landscaping, vegetation, garden beds or proposed street furniture which may impact on the clearance. Pedestrians should not be forced on to the road carriageway by footway restaurants or other non-permanent items on the footpath.

(d)     All improvements are not to be fixed structures and are to be stored away at the close of outdoor trading.

Reasons for Decision

The application was approved for the following reasons:

(A)        The development subject to conditions is consistent with the objectives of the Sydney LEP 2012, Sydney DCP 2012 and the City of Sydney Outdoor Dining Policy and Guidelines 2016; 

(B)        The proposal will not have any significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to conditions.

(C)       Condition 15 was amended to correct a typographical error.