Decision details

Moved by the Chair (the Lord Mayor), seconded by Councillor Thalis -

It is resolved that consent be granted to Development Application No D/2019/758, subject to the conditions detailed in Attachment A to the subject report subject to the following amendments (additions shown in bold italics):

(7) SHARED DRIVEWAY / INTEGRATED BASEMENT AND BREAKTHROUGH PANEL

(a)        Unimpeded vehicular access and egress via the shared driveway is be made available to the adjoining site to the north 505-523 George Street, Sydney (legally described as Lot 1 in Deposited Plan 573250) at all times for vehicles associated with the operation of the building at 505-523 George Street following issue of the relevant Occupation Certificate. This condition does not require or imply that unimpeded vehicular access and egress is given for construction vehicles associated with the construction of the approved development under Development Application No. D/2019/857.

(b)        Access, egress and design of the basement must be able to accommodate a Council waste collection vehicle which can access both the subject site and 505- 523 George Street

(c)         The applicant is to consult and work with the neighbouring property, 505-523 George Street, Sydney, to ensure the implementation of the breakthrough arrangement shown on Drawing No. 2102 (Issue B) and dated 12 March 2020.

(d)        Prior to the issue of a Construction Certificate for the subsequent detailed design development application, a documentary Right of Carriageway and Easement, is to be created and registered on the Title of the development site. The Easement is to be defined over a strip of land within the development site, extending from Kent Street to the point of vehicular access of the land adjoining the development site to the north (505-523 George Street). The Easement is to be created appurtenant to the land adjoining the development site to the north (505-523 George Street) in terms granting unrestricted rights at all times for vehicular access and egress, to Council’s satisfaction.

Reasons for Decision

The application was approved for the following reasons:

(A)        Consent is granted on the basis that the development application is a concept development application under s.4.22 of the Environmental Planning and Assessment Act 1979.

(B)        The proposed development is consistent with Section 4.15 of the Environmental Planning and Assessment Act 1979, in that subject to the imposition of appropriate conditions as recommended, it achieves the objectives of the planning controls for the site and does not result in unreasonable environmental impacts for the reasons outlined in the report to the Central Sydney Planning Committee.

(C)       The development, subject to conditions, is generally consistent with the applicable State Environmental Planning Policies, Sydney Local Environmental Plan 2012 (SLEP 2012), Sydney Development Control Plan 2012 and the Apartment Design Guide.

(D)       The concept development complies with the maximum permitted height under the SLEP 2012, and the subsequent detailed development application is capable of complying within the maximum permitted floor space ratio within the parameters of the building envelope under SLEP 2012. The detailed DA is also capable of achieving up to an additional 10% floor space within the parameters of the building envelope, subject to compliance with Clause 6.21 of SLEP 2012 and the recommended conditions of consent.

(E)        The proposal, subject to conditions, satisfies the relevant provisions contained in Clause 6.21(4) of SLEP 2012 as the proposed land use is suitable for the site, the proposal sets out ecological sustainable development key targets for the development, the building envelope does not detrimentally impact of view corridors in the context of the CBD or result in unacceptable overshadowing, and the massing and setbacks of the building envelope are compatible with the existing and desired future character of the area.

(F)        The proposal is consistent with the objectives of the B8 Metropolitan Zone of SLEP 2012.

(G)       The proposal will improve the quality of the public domain through activation of George Street and Albion Place.

(H)       For the reasons above and as outlined in the body of the report to the CSPC, the proposed development is in the public interest subject to conditions.

(I)          Condition 7 was amended to reflect that access to the shared driveway is for vehicles associated with the completed use of the building at 505-523 George Street not construction vehicles associated with construction of the Development.

Carried unanimously.

D/2019/758

Speakers

Mr Angelo Candalepas (Candalepas Associates) – on behalf of the applicant and Mr Giovanni Cirillo (Planning Lab) – on behalf of the applicant, addressed the meeting of the Central Sydney Planning Committee on Item 5.