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Development Application: 189-197 Kent Street, Sydney - D/2020/399

Decision Maker: Central Sydney Planning Committee

Decision status: Recommendations Determined

Decisions:

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

It is resolved that:

(A)        the variation requested to Clause 4.3 'Height of buildings' in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld; and

(B)        consent be granted to Development Application Number D/2020/399 subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal satisfies the objectives of the Environmental Planning and Assessment Act, 1979, in that, subject to the imposition of conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Central Sydney Planning Committee.

(B)        The proposal generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012, the Sydney Development Control Plan 2012, the State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and the Apartment Design Guide.

(C)       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 Local Environmental Plan 2012, that compliance with the 'Height of buildings' development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening Clause 4.3 of the 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 'Height of buildings' development standard.

(D)       The proposal complies with the maximum floor space ratio development standard in Clause 4.4 of the Sydney Local Environmental Plan 2012.

(E)        The articulation, materiality and architectural contribution of the proposal combine to exhibit design excellence in accordance with the relevant provisions and matters for consideration in Clause 6.21 of the Sydney Local Environmental Plan 2012.

(F)        The proposed development is consistent with the design intent of the winning scheme of a competitive design process, held in accordance with the City of Sydney Competitive Design Policy.

(G)       The proposed development is consistent with the amended concept approval for the site, being D/2018/1014/A, in accordance with Section 4.24 of the Environmental Planning and Assessment Act, 1979.

(H)       The proposed development has a height, scale and form suitable for the site and its context, and subject to conditions, satisfactorily addresses the heights and setbacks of neighbouring developments, is appropriate in the streetscape context and setting of the broader locality.

(I)          Subject to the recommended conditions of consent, the proposed development achieves acceptable amenity for the existing and future occupants of the subject and adjoining sites.

(J)         The proposed mix of compatible land uses will support the vitality of the area and do not result in any significant adverse environmental or amenity impacts on the subject or surrounding properties, the public domain and the broader Sydney Central Business District, subject to the recommended conditions.

(K)        The public interest is served by the approval of the proposal, as amendments to the development application have addressed the matters raised by the City and the community, subject to recommended conditions imposed relating to the appropriate management of potential environmental impacts associated with the development.

Carried unanimously.

D/2020/399

Speakers

Mr Andrew Martin (on behalf of the Stamford on Kent Owners Corporation), Mr Alexis Cella (Ethos Urban) – on behalf of the applicant, Mr Greg Shand (Barana Group) – applicant, and Ms Elizabeth Carpenter (FJMY) – on behalf of the applicant, addressed the Central Sydney Planning Committee on Item 7.

Report author: David Reynolds

Publication date: 10/12/2020

Date of decision: 10/12/2020

Decided at meeting: 10/12/2020 - Central Sydney Planning Committee

Accompanying Documents: