Decision details

The Panel granted consent to Development Application No. D/2020/297 subject to the conditions of consent set out in Attachment A to the subject report, subject to the following amendment (addition shown in bold italics):

(56)     CONSTRUCTION MANAGEMENT PLAN

(a)        The Construction Management Plan prepared by The Transport Planning Partnership dated 27 March 2020 accompanying this Development Application is NOT approved by this consent.

(b)        A Construction Management Plan must be submitted to and approved by Council’s Director City Planning Development and Transport prior to the issue of any Construction Certificate. The Construction Management Plan must have regard to, and be not limited to:

i.            The protection measures required by Conditions 58 and 62 below;

ii.           The protection measures required by the General Terms of Approval as advised by Heritage NSW in Schedule 3 below;

iii.          Maximum PPVi vibration for various frequencies ranges as advised by the Structural Impact Assessment (Rev 3, prepared by BG&E, dated 10 July 2020):

a.           3mm/s of up to 10Hz

b.           3mm/s to 8mm/s between 10Hz and 50Hz; and

c.           8mm/s to 10mm/s between 50Hz and 100Hz

Note: The maximum frequencies shall be determined approved by Council’s Director City Planning Development and Transport in the Construction Management Plan.

iv.          Detail of protection / management measures along the interface with Rose Terrace; and

v.           A vibration monitoring plan that includes a vibration trial and ongoing vibration monitoring during construction as recommended by Douglas Partner and BG&E to clarify if the vibration limits outlined in (b)(iii) above are adequate (or should be refined). The plan must also outline actions if an exceedance occurs, and measures to review and alter the excavation methods at the site where necessary.

Reasons for Decision

The application was approved for the following reasons:

(A)        The development, subject to conditions, is consistent with the objectives of the B2 Local Centre zone.

(B)        The development is consistent with the site-specific provisions for 1-11 Oxford Street Paddington under Clause 6.52 of Sydney Local Environmental Plan 2012 and the accompanying Section 6.3.18 of Sydney Development Control Plan 2012.

(C)       The development, subject to conditions, will maintain the structural integrity and heritage significance of the state heritage item, the Busby's Bore, located underneath the site.

(D)       The development, subject to conditions, will maintain the structural integrity and heritage significance of the adjoining heritage items - Rose Terrace (as a collective) and the retained portion of the existing building within the site.

(E)        The development satisfies Clause 6.21 of Sydney Local Environmental Plan 2012 in that it demonstrates design excellence in terms of architectural design, materials and detailing appropriate to the existing building and its context.

(F)        The development is respectful to the character and design of the existing building, which is identified as a contributory building to the Paddington Urban heritage conservation area.

(G)       The development is consistent with the character and principles identified in the locality statement for Oxford Street Paddington.

(H)       The development is within a Local Centre area and the hours of operation, subject to conditions, are consistent with the objectives and provisions of Sydney Development Control Plan 2012 Section 3.15.

(I)          Condition 56 was amended to provide ongoing monitoring of vibration impacts during construction.

Carried unanimously.

D/2020/297

Speakers

Fraser Johns (local resident), Leone Morrison (local resident), Giovanni Cirillo (Planning Lab) – on behalf of the applicant, Tim Greer (TZG) – on behalf of the applicant, and Stephen Davies (Urbis) – on behalf of the applicant.