Decision details

The Panel:

(A)      did not uphold the variation requested to the floor space ratio development standard under Clause 4.4 and Clause 6.4 of the Sydney Local Environmental Plan 2012 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)      pursuant to Section 4.16(1)(b) refused consent to Development Application No. D/2019/216 for the reasons set out in the subject report.

Reasons for Decision

The application was refused for the following reasons:

(A)      The proposed addition would result in a substantial 26.8% departure from the maximum allowable Floor Space Ratio (FSR) development standard of 11:1. The applicant's grounds for increasing the FSR is not in accordance with the objectives of the standard, in particular 'to provide for an intensity of development that is commensurate with the capacity of existing and planned infrastructure' and 'to ensure that new development reflects the desired character of the locality'.

(B)      The proposal does not demonstrate a high standard of architectural design, materials and detailing appropriate to the building and thereby does not achieve design excellence, contrary to Clause 6.21 of the Sydney Local Environmental Plan 2012. The proposed addition would result in dark tinted glazing sitting flush with the masonry frame incongruent with the building's original design intent to have recessive upper levels set within a masonry parapet.

(C)      For the reasons outlined above, the proposed development would not be in the public interest, contrary to Clause 4.15(1)(e) of the Environmental Planning and Assessment Act, 1979.

Carried unanimously.

D/2019/216

Speakers

Mr Vaughn Milligan (Vaughn Milligan Development Consulting – on behalf of the applicant).