Decision Maker: Central Sydney Planning Committee
Decision status: Recommendations Determined
Moved by the Chair (the Lord Mayor), seconded by
Councillor Thalis –
It is resolved that consent be granted to
Development Application No D/2019/263, subject to the conditions detailed in
Attachment A to the subject report to the Central Sydney Planning Committee on strikethrough):
(2) STAGED CONSTRUCTION CERTIFICATES
(a)
The
works may be carried out in stages with the relevant conditions being satisfied
prior to the issue of a construction certificate for stage as outlined in the
table below:
Stage: |
Works: |
Stage 1 Construction Certificates – Works within
the existing podium: |
|
Early Works CC |
Demolition and enabling works together
with temporary works to facilitate construction and access |
Stage 1A CC |
|
Stage 1B CC |
Facade works |
Stage 1C CC |
Retail – Services and finishes (including services
on Levels 13 and 14) |
Stage 1D CC |
Commercial – Services and finishes |
Stage 2 Construction Certificates – Residential Tower
(New Structure): |
|
Stage 2A CC |
Structure (Level 14 above) |
Stage 2B CC |
Services |
Stage 2C CC |
Facade works |
Stage 2D CC |
Finishes |
Stage 2E CC |
Landscape and Public Art |
(b)
Various conditions
in this consent make reference to the requirements of conditions and the stage
in which they may be satisfied.
(12) SECTION
61 CONTRIBUTIONS PAYABLE - REGISTERED QUANTITY SURVEYOR'S DETAILED COST REPORT
- SUBMITTED AND VERIFIED PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
A cash contribution comprising 1% of the total
cost of the development is payable to the City of Sydney pursuant to section 61
of the City of Sydney Act 1988 and
the Central Sydney Development
Contributions Plan 2013 in accordance with the following:
(a)
Prior to any Stage 1A Construction
Certificate Early Works Construction Certificate
being issued, evidence must be provided of Council’s written verification of
the amount of the contribution as required in (b) below, and then that the levy
has been paid to the Council in accordance with this condition. Payment may be
by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of
Sydney. Direct debit, personal or company cheques will not be accepted.
(b)
The contribution must not be paid to the City of
Sydney until it is accompanied by separate written verification by the City of
Sydney of the specific amount payable. In order to obtain such verification,
the “City of Sydney Registered Quantity Surveyor's Detailed Cost Report”
indicating the itemised cost of the development must be completed and submitted
to Council by the Principal Certifier, together with copies of the plans the
subject of the application for the Construction Certificate. A copy of the required
format for the “City of Sydney Registered Quantity Surveyor's Detailed Cost
Report” may be obtained from the City of Sydney One Stop Shop, any of the
Neighbourhood Service Centres and the City of Sydney’s website (www.cityofsydney.nsw.gov.au).
(c)
The Council will consider the documentation
submitted under subclause (b) and determine the cost of the proposed
development having regard to the information submitted and to such other
matters as it considers appropriate and will notify the Principal Certifier
accordingly.
(d)
The items to be included in the calculation of
the cost of development are demolition works, site remediation including
decontamination, excavation and site preparation, construction costs, fit out,
professional fees as part of the design (including design competitions)
documentation and implementation process, fixed building machinery, equipment
and appliances, kitchens and bar areas, car parking, air conditioning plant and
equipment, services (fire, mechanical ventilation, electrical, hydraulic),
ceilings, fire protection devices, installation of services (power, water,
sewer, telephone), lifts and other essential machinery, floor coverings, Building Code of Australia compliance
works, replacement of existing materials, fixtures and fittings, construction
related insurance, assessment and construction related fees, charges and GST
and any other matter not expressly excluded in (e) below. Any item for which an exemption has been
granted is still to be included in the total cost of development, together with
an itemised value to enable the City to calculate the value of the exemption.
(e)
The items to be excluded in the calculation of
the cost of development are the cost of land, marketing expenses (excluding
display suites etc), finance and interest, building
insurance after practical completion, drapery, commercial stock inventory,
loose furniture, loose equipment, loose electrical appliances, minor
maintenance of existing retained fixtures (patching, repainting) and stamp
duty.
Please contact Council's
Planning Administration staff at Planningsystemsadmin@cityofsydney.nsw.gov.au
to confirm the amount payable, prior to payment.
(41) HERITAGE ITEMS - WORKS TO BE CONSISTENT WITH CMP OR HIS
(a)
A conservation
work schedule detailing methodologies for implementation of the recommendations
of the amended Conservation Management Plan must be submitted prior to the
issue of an
Stage 1A Construction Certificate
Early Works Construction Certificate.
(b)
The
conservation work schedule must detail how the recommendations of the CMP will
be implemented and include detailed drawings and outline specifications of
works required to support any schedule of conservation works.
The work
schedule must be implemented to the satisfaction of Council’s Urban Design and
Heritage Manager prior to the issue of the Occupation Certificate.
(42) HERITAGE CONSERVATION WORKS
(a) Prior to the issue of any Stage 1A Construction
Certificate Early Works Construction Certificate,
a schedule of conservation works to be undertaken concurrent with the works is
to be submitted to Council’s Area Coordinator Planning Assessments / Area
Planning Manager for approval.
(b) The
schedule is to detail the conservation of all fabric identified as having a
heritage significance including but not limited to the following:
(i) façade stonework;
(ii) ground floor façade
and shop fronts;
(iii) door and window
joinery (including original, main entrances);
(iv) lift car and lift
door joinery;
(v) glazing including
entrance features about Market and Castlereagh entrances and their related
voids in the first floor slab edge;
(vi) hardware;
(vii) pavements;
(viii) pavement lights;
(ix) tiling
(x) aluminium-clad awning.
(c) The
schedule is to be supported by outline specifications, methodologies and
detailed architectural sections, elevations and plans at 1:20 and 1:5 scales.
The details should incorporate any structural and/or building services design
for the building.
(d) The
proposed works are to be carried out in a manner that minimises demolition,
alterations and new penetrations/fixings to the significant fabric of the
existing building.
(e) All
conservation and adaptation works are to be in accordance with the Articles of
the Australian ICOMOS Burra Charter 2013. Appropriately qualified contractors
and tradespersons are to be commissioned who are skilled in traditional
building and engineering trades to carry out the proposed scope of works within
the heritage building.
INSPECTION AND APPROVAL: The conservation works
are to be progressively inspected by and be implemented to the satisfaction of
Council’s Area Coordinator Planning Assessments / Area Planning Manager prior
to the issue of any Occupation Certificate or commencement of the use,
whichever is the earlier.
(46)
SITES IN THE VICINITY OF A HERITAGE ITEM – MAJOR DEVELOPMENT
(a)
A protection strategy for the duration of the
construction works, is to be submitted and approved of the Urban Design and
Heritage Manager prior to any Stage 1A Construction Certificate
Early Works Construction Certificate. The Strategy is to detail how the
proposed works will ensure that the building at 65-77 Market Street (David
Jones’ Market Street Store) and the connecting tunnel to the DJ’s Elizabeth
Street store (at Basement level 2) to be suitably protected and stabilized
during the construction process including from any construction waste, dust,
damp, water runoff, vibration or structural disturbance or damage.
Optional inclusions that depend on the nature and extent of the works:
(b)
Additionally, the protection strategy is to include:
(i)
Details of temporary hydraulic drainage works to
ensure that all water both in ground and above ground is channelled to the
street and that no such water is channelled onto the adjacent property fabric
or interiors.
(ii)
Construction debris on
neighbouring properties, in drainage lines or in cavities between the boundary
walls of the adjacent buildings, is to be removed progressively as the works
progress.
(48)
USE OF HERITAGE CONSULTANT - MAJOR DEVELOPMENT
(a)
An experienced heritage consultant is to be
commissioned to work with the consultant team throughout the design
development, contract documentation and construction stages of the project. The
conservation architect is to be involved in the resolution of all matters where
existing significant fabric and spaces are to be subject to preservation,
restoration, reconstruction, adaptive reuse, recording and demolition. The
heritage consultant is to be provided with full access to the site and
authorised by the applicant to respond directly to Council where information or
clarification is required regarding the resolution of heritage issues
throughout the project.
(b)
Evidence and details of the above commission on the
above terms are to be provided to Council prior to the issue of any Stage 1A Construction Certificate Early Works Construction Certificate or
commencement of work on site whichever is the earlier.
(c)
Throughout the documentation and construction stages
of the approved works the experienced heritage consultant is to:
(i)
Undertake site inspections of not less than
fortnightly intervals.
(ii)
Maintain a diary of site inspections that
includes photographs of the works, details of heritage advice and decisions
arising out of each inspection and any further physical evidence uncovered
during the works.
(iii)
Compile a final report, including the diary,
verifying how the heritage conditions have been satisfied, and the works
completed in accordance with the Conservation Management Plan.
(d)
Upon completion of the works, the final report is to
be submitted for approval by Council’s own Heritage Specialist prior to the
issue of an Occupation Certificate or the commencement of the use, whichever is
the earlier.
(83) WASTE
AND RECYCLING MANAGEMENT - COMMERCIAL
(a) The Waste and
Recycling Management Plan accompanying this Development Application has not
been approved by this consent
(b) A Waste and Recycling Management Plan is to
be approved by the Principal Certifier prior to any Stage 1A Construction
Certificate Early Works Construction Certificate being
issued. The plan must comply with the Council's Guidelines for Waste Management in New Developments 2018. All
requirements of the approved Building Waste and Recycling Management Plan must
be implemented during construction of the development.
UPON COMPLETION OF THE DEVELOPMENT
(c) Prior to an Occupation Certificate being
issued or the use commencing, whichever is earlier, the Principal Certifier
must ensure that waste handling works have been completed in accordance with:
the Waste and Recycling Management Plan; other relevant development consent
conditions; and Council's Guidelines for
Waste Management in New Developments 2018.
(89) CONSTRUCTION PEDESTRIAN AND TRAFFIC
MANAGEMENT PLAN
(a)
A
Construction Pedestrian and Traffic Management Plan (CPTMP) must be submitted
to and approved by Council prior to any
Stage 1A Construction Certificate
Early Works Construction Certificate being issued.
(b)
Construction
Traffic Management Plans are to be prepared in accordance with Standard
Requirements for Construction Traffic Management Plan on the City’s
website:
(c)
The
CPTMP is to be in consultation with the TfNSW Sydney
Coordination Office (SCO), Roads and Maritime, and City of Sydney.
The application was approved for the following
reasons:
(A)
The proposed development for a mix of land uses
comprising residential accommodation, retail and commercial is permissible in the
B8 - Metropolitan Centre zone and is consistent with the objectives of the zone
given that it provides for a diversity of land uses that serve the needs of the
workforce, visitors and wider community, and promotes active street frontages
on the main streets of the City centre.
(B)
The development subject to conditions, is
considered to exhibit design excellence through its positive contribution to
the streetscape and public domain. The development is generally consistent with
the winning scheme of a competitive design process and achieves a high standard
of architectural design, materials and detailing. The development achieves the
principles of ecologically sustainable development and has an acceptable
environmental impact with regard to the amenity of the surrounding area and
future occupants. The development therefore achieves design excellence in
accordance with Clause 6.21 of the Sydney LEP 2012.
(C)
The proposal has been assessed against the aims
and objectives of the relevant planning controls including State Environmental
Planning Policy No. 65, the Sydney Local Environmental Plan 2012 and the Sydney
Development Control Plan 2012. Where non-compliances exist, they have been
demonstrated in this report to be acceptable in the circumstances of the case or
can be resolved by the recommended conditions of consent.
(D)
The proposed development is consistent with the
concept approval and modified building envelope under D/2017/167/A.
(E)
For the reasons above, the development is in the
public interest.
(F)
Amendments to conditions to enable work on site
to commence in May 2020 were requested by the applicant. These amendments were
considered appropriate under the circumstances and were detailed in the
Information Relevant To Item – Development
Application: 65-77 Market Street, Sydney – D/2019/263 memorandum from the
Director City Planning, Development and Transport.
Carried unanimously.
D/2019/263
Speaker
Mr Tim Blythe (Urbis) - on behalf of the applicant,
addressed the meeting of the Central Sydney Planning Committee on Item 5.
Report author: Mia Music
Publication date: 02/04/2020
Date of decision: 02/04/2020
Decided at meeting: 02/04/2020 - Central Sydney Planning Committee
Accompanying Documents: