Decision details

The Panel granted consent to Development Application No. D/2020/55 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

The design of the building must be modified as follows:

(a)        Details of louvres on the southern façade for outside air intake and exhaust are to be provided.

(b)        Details of privacy measures to the new window all openings on all elevations the southern façade of the existing building are to be provided.

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.

Note: The Panel requests the applicant consider engaging proactively with adjoining residents in developing the privacy measures required by Condition 2(b) to ensure that adjacent residents’ concerns are addressed as fully as possible.

(7)        COMPLIANCE WITH SUBMITTED MATERIALS AND SAMPLES BOARD

The design details of the proposed building facade including all external finishes, colours and glazing must be in accordance with the materials schedule and sample board, and specifications prepared by SJB Architects dated 5 June 2020.

(18)     GENERAL HERITAGE

(a)     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 which is listed as a Heritage Item.

(b)     The fabric and features to be retained by the proposal must be properly protected during the process of demolition and construction. The protection measures are to be specified in the construction management plan.

(c)     All conservation and adaptation works are to be in accordance with the Articles of the Australian ICOMOS Burra Charter 2013.

(d)     New services are to be surface mounted rather than chased-in to existing walls to minimise impact on heritage fabric.

(e)     Appropriately qualified tradespersons (as appropriate) are to be commissioned who are skilled in traditional building and engineering trades to carry out the proposed scope of works.

(22)     PHOTOGRAPHIC ARCHIVAL DOCUMENTATION

Prior to a Construction Certificate being issued, an archival photographic recording of 29-41 Hutchinson Street, Surry Hills is to be prepared to Council's satisfaction. The recording is to be in digital form, prepared in accordance with the NSW Heritage Division of the Department of Environment and Heritage guidelines titled "Photographic Recording of Heritage Items using Film or Digital Capture". One copy of the record is to be submitted to Council to be lodged with Council's Archives.

The form of the recording is to be as follows:

(a)     The Development Application number must be noted on the submitted information.

(b)     Include a summary report detailing the project description, date and authorship of the photographic record, method of documentation and limitations of the photographic record.

(c)     Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive licence to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.

(d)     The report is to be submitted on a USB in PDF/A format, (created directly from the digital original), with the digital catalogue of images containing the following data for each: DOS title, image subject/description and date photograph was taken.

(e)     The electronic images are to be taken with a minimum 8 megapixel camera, saved as JPEG, TIFF or PDF files with a size of approximately 4-6MB, and cross referenced to the digital catalogue sheets and base plans. Choose only images that are necessary to document the process, and avoid duplicate images.

                            Remaining conditions are to be renumbered accordingly.

(31)     DILAPIDATION REPORT – MINOR

Subject to the receipt of permission of the affected landowner, dilapidation report/s of adjoining buildings are to be prepared by an appropriately qualified practising structural engineer and submitted for the approval of the Accredited Certifier:

(a)     prior to the commencement of demolition/excavation works;

(b)     on completion of construction demolition/excavation works; and

(c)     copies of the dilapidation reports referred to in both (a) and (b) above are to be provided to the relevant adjoining property owners prior to submitting them to the Accredited Certifier.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with the objectives of the B4 Mixed Use Zone.

(B)        The proposal complies with the key height of buildings and floor space ratio development controls.

(C)       The proposal, subject to conditions, satisfies the provisions of clause 6.21 of Sydney Local Environmental Plan 2012.

(D)       The proposal is consistent with the objective of conserving the heritage significance of heritage items and heritage conservation areas.

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

(F)        Issues raised in submissions have been considered and where appropriate addressed in the amended plans and or conditions of consent.

(G)       The proposal, subject to conditions, is considered to be in the public interest.

(H)       Condition 2(b) was amended to ensure the privacy of adjoining properties.

(I)          Condition 7 was deleted as it is a duplicate of Condition 4.

(J)         Condition 18 (d) was deleted as the inclusion of new services within the fabric of the building is more appropriate.

(K)        Condition 22 was added to ensure appropriate heritage documentation.

(L)        Condition 31 (c) was added at the request of residents of adjoining properties. 

Carried unanimously.

D/2020/55

Speakers

Mr Richard Balkin (objector), Mr Paul Crawford (objector), Mr Michael Dupree (objector), Mr Trevor Woolfe (objector), Mr Brian Corrigan (objector), Mr Ray Lee (objector), Ms Naomi Scott (objector), Mr George Barnett (objector), Ms Alison McCabe (SJB) – on behalf of the applicant, Mr Adam Haddow (SJB) – on behalf of the applicant, Mr Gabrielle Suhr (SJB) – on behalf of the applicant, Mr Stuart Gordon (SJB) – on behalf of the applicant, and Ms Samantha Polkinghorne (SJB) – on behalf of the applicant.