Decision details

The Panel:

(A)        upheld the variation requested to height of buildings and floor space ratio development standards in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)        granted consent to Development Application No. D/2019/1470 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):

(2)        DESIGN MODIFICATIONS - EXTERIOR

The design of the building must be modified as follows:

(a)        Render to the Glebe Point Road elevation is not approved. The existing face brick should be cleaned, repaired and repointed if required and be retained.

(b)        The proposed metal frames on the facade are to be deleted.

(c)         The existing horizontal sunshade at the top of the building on the Glebe Point Road facade should be refurbished and retained.

(d)        All balustrades along the southern gallery and to the roof top communal open space should be a vertical steel palisade style, designed with L-shaped angled palisades for additional solidity and privacy to replace the existing metal balustrade. The balustrades should be a dark, recessive colour.

(e)        All balcony balustrades should be solid above the existing masonry balustrades.

(f)          Full height screens should be provided adjacent to all room entrance doors on the gallery and external balcony doors. These screens should be solid to obscure sight lines to and from these doors. The design and materials of these screens are to be submitted for approval.

Privacy screening to external balconies is to be provided while meeting light and air requirements with minimal overlooking to surrounding propoerties.

(g)        Stainless steel tension mesh is to be attached to the exterior of the building along the southern gallery (external access walkways) for the ground, first and second floors. The mesh is to cover the area between the balustrade and the ceiling above and cover a minimum of 50% of the open area. It may cover the whole façade if preferred. Planters are to be provided at each level on the gallery for climbing plants to climb along the tension mesh. This may take the form of a metal railing on the outside of the balustrade to accommodate the planters.

The modifications are to be submitted to and approved by Council’s Area Coordinator Planning Assessments/Area Planning Manager prior to the issue of a Construction Certificate.

(23)     PLAN OF MANAGEMENT

The Plan of Management dated 16 December 2019 submitted with the Development Application is not approved.

The use must always be operated / managed in accordance with the Plan of Management, prepared by R.J.Williams signed and dated 16 December 2019 Trim no 2019/649647 that has been approved by Council. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management a Plan of Management which is to be submitted to and approved by the Director City Planning, Development and Transport. After two years of operation, the Plan of Management must undergo a process of review which includes public consultation. Furthermore, if there is to be a change of operator of the facility, a new Plan of Management must be submitted and approved before any continued use of the building.

(31)     HOURS OF OPERATION – COUNSELLING SERVICES

The hours of operation for the counselling services are restricted to between 7:00am and 10:00pm Monday to Sunday, and external use of counselling services is restricted to between 7:00am to 8:00pm.

Reasons for Decision

The application was approved for the following reasons:

(A)        The development, subject to conditions, is consistent with the objectives of the R1 General Residential zone.

(B)        The design of the development responds appropriately to the scale of surrounding buildings.

(C)       The applicant’s written request has 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 and floor space ratio development standards is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clauses 4.3 and 4.4 of the Sydney LEP 2012.

(D)       The development exhibits design excellence and satisfies the provisions of Clause 6.21 of the Sydney LEP 2012.

(E)        The development is compatible with the character of the Toxeth locality and the Toxeth Heritage Conservation Area.

(F)        The development, subject to conditions, will safeguard neighbourhood amenity and will promote the orderly operation of the premises.

(G)       The development accords with objectives of relevant planning controls.

(H)       Condition 2 was amended to provide privacy screening to external balconies to minimise overlooking of surrounding properties.

(I)          Condition 23 was amended to ensure that the Plan of Management is robust and up to date, that it will be reviewed after two years of operation to ensure adequacy and that a change in operator requires a new Plan of Management to be submitted and approved.

(J)         Condition 31 was amended to restrict the external use of the counselling services, to maintain neighbourhood amenity.

Carried unanimously.

D/2019/1470

Speakers

Mr Mark Stapleton – Glebe Society (objector), Mr George Seper (objector), Ms (Diane) Helen Havryk (objector), Mr Ian Brewster (objector), Mr Matthew Bramich (objector), Mr Nicholas Bramich (objector), Mr Graeme Bramich (objector), Mr Daniel Bromley (objector), Ms Carole Herriman (objector), Mr Murray Jewell (objector), Mr Dan Walsh (objector), Ms Brooke Green (objector), Mr Paul Harmon (objector), Dr Andrew Satchell (objector), Ms Susan Dobbs (objector), Rev Keith Garner AM (Wesley Mission) – on behalf of the applicant, and Mr Adam Byrnes (Think Planners) – on behalf of the applicant.