Decision details

The Panel:

(A)        supported the variation sought to the Height of Buildings development standard under Clause 4.3 of the Sydney Local Environmental Plan 2012 in accordance with Clause 4.6 'Exception to development standards' of the Sydney Local Environmental Plan 2012 in the circumstances of this application;

(B)        supported the variation sought to the minimum motorbike parking spaces required under Clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 in accordance with Clause 4.6 'Exception to development standards' of the Sydney Local Environmental Plan 2012 in the circumstances of this application; and

(C)       granted consent to Development Application No. D/2020/350 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 development complies with the objectives of the B4 mixed use zone pursuant to the Sydney Local Environmental Plan 2012.

(B)        Based upon the material available to the Panel at the time of determining this application, the Panel 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 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 LEP 2012; and

(ii)         the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use zone and the Height of Buildings development standard.

(C)       Based upon the material available to the Panel at the time of determining this application, the Panel 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 motorcycle parking development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 30 (1)(h) of the SEPP (Affordable Rental Housing); and

(ii)         the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use zone and the SEPP (Affordable Rental Housing) development standards.

(D)       The proposal is consistent with the aims and objectives of Division 3 of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

(E)        The development complies with the permitted Floor Space Ratio pursuant to Clause 4.4 of the Sydney Local Environmental Plan 2012.

(F)        The development, subject to conditions, generally demonstrates design excellence, appropriately responding to the context of the site, and is consistent with the desired future character of the area as per Clause 6.21 if the Sydney Local Environmental Plan 2012.

(G)       The development is consistent with the objectives of the Sydney Development Control Plan 2012.

(H)       Suitable conditions of consent have been applied and the development is considered to be in the public interest.

Carried unanimously.

D/2020/350

Speakers

Tom Cook (objector) – Willowtree Planning, Paul Rappoport (objector) – Heritage21, and Mark Alves (Map Architects) – on behalf of the applicant.