Decision details

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

It is resolved that

(A)        the requirement of Section 51N of the City of Sydney Act 1988 to consult with the Central Sydney Traffic and Transport Committee not apply in this instance as the proposal does not require, or that might reasonably be expected to require, the carrying out of road works or traffic control works that are likely to have a significant impact on traffic and transport in the Sydney CBD; and

(B)        based upon the material available to the Committee at the time of determining this application, the Committee is satisfied that:

(i)          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 floor space ratio and height of building development standards is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clauses 4.4 and 6.32 of Sydney Local Environmental Plan 2012, and

(ii)         the proposal is in the public interest because it is consistent with the objectives of the B8 Metropolitan Centre zone and the objectives of Clause 4.4 and 6.32 of Sydney Local Environmental Plan 2012.

Accordingly, the variation requested to the height of building and floor space ratio in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld in this instance; and

(C)       pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2019/857 subject to the conditions set out in Attachment A to the subject report, subject to the amendments shown in Attachment A to the Information Relevant to Item 4 Memorandum from the Director City Planning, Development and Transport (additions shown in bold italics, deletions shown in strikethrough).

Reasons for Decision

The application was granted deferred commencement approval for the following reasons:

(A)        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.

(B)        The requested variation to the FSR and height of building development standards is upheld because the applicant's written request has adequately addressed the matters required to be addressed by Clause 4.6 of Sydney Local Environmental Plan 2012 (SLEP 2012) and the proposed development would be in the public interest because it is consistent with the objective of Clauses 4.4 and 6.32 and the B8 Metropolitan Centre zone of SLEP 2012.

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

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

(E)        The built form is of a high quality and consistent with the future desired character of the area. Subject to conditions, the proposed development is considered to exhibit design excellence and will make a positive contribution to the public domain and the Sydney skyline and streetscape. The single slender form and materiality of the tower provides an appropriate background to the civic character of the Sydney Square/Town Hall/ St Andrews Special Character Area.

(F)        The proposed development is based on the winning scheme of an Architectural Design Competition held in relation to the site in accordance with Clause 6.21 of SLEP 2012 and the City of Sydney Competitive Design Policy. The proposed development has been sufficiently resolved to address matters recommended by the Design Competition Jury and has retained the design integrity of the winning scheme. The proposed development exhibits design excellence in accordance with SLEP 2012, subject to conditions.

(G)       The proposal is consistent with the Planning Agreement and will deliver community facilities and public benefits.

(H)       The proposal delivers a range of sustainability measures and will provide a sustainability benchmark for high rise residential development in the City.

(I)          Subject to the recommended conditions of consent and in the context of Central Sydney and desired future character of the area, the proposed development is unlikely to result in unreasonable impacts on surrounding properties by way of visual and acoustic privacy, solar access, traffic, visual impact and views.

(J)         For the reasons above and as detailed in the assessment report to the Central Sydney Planning Committee, the proposed development is in the public interest subject to conditions.

(K)        Conditions 1, 6, 27, 62, 94 and 113 were amended to correct minor and typographical errors as requested by the applicant and supported by staff.

Carried unanimously.

D/2019/857

Speaker

Mr Dominic Hunt (Mirvac) – on behalf of the applicant, addressed the meeting of the Central Sydney Planning Committee on Item 4.