Development Application: 810-812A George Street, Haymarket - D/2019/120
Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Decisions:
The Panel refused consent for Development
Application No. D/2019/120 for the following reasons as per the Council
Officer’s report and subject to the addition of reason (I) as recommended in late
advice provided by Council staff:
(A)
The development, by way of its height, bulk,
form, materials and location will have an adverse impact on the visual setting
and heritage significance of the Christ Church St Laurence, associated
buildings, streetscape and Haymarket/Chinatown Special Character Area. The
development is therefore contrary to the following planning controls:
Sydney Local Environmental Plan 2012
(i)
Clause 1.2(2)(k) - to conserve the environmental
heritage of the City of Sydney
(ii)
Clause 5.10(4) - effect of proposed development
on heritage significance
Sydney Development Control Plan 2012
(iii)
Section 2.1.3 - Haymarket/Chinatown Special
Character Area
(iv)
Section 3.9.5 - Heritage items
(v)
Section 3.9.13 - Excavation in the vicinity of
heritage items and in heritage conservation areas
(B)
The development exceeds the maximum 50 metre
height of buildings development standard by 2.2 metres (4.4%) pursuant to
Clause 4.3 of the Sydney Local Environmental Plan 2012. A request to vary the
development standard has been made pursuant to Clause 4.6 of the Sydney Local
Environmental Plan 2012. The requested variation is not supported, as the
applicant's written request has not adequately addressed the matters required
to be addressed by Clause 4.6(3) of the Sydney Local Environmental Plan 2012.
The proposed development is not in the public interest under Clause 4.6(4)(ii) because it is inconsistent with objectives (a), (b)
and (c) of the height of buildings development standard.
(C) The
development, by way of its height, bulk, form, landscape details, overshadowing
and location fails to achieve design excellence. In particular, the development
will:
·
adversely impact the heritage significance of
adjoining properties in this special precinct of the Haymarket/Chinatown
Special Character Area;
·
result in adverse wind effects and overshadowing
on the adjoining childcare centre;
·
not provide passive sun shading and passive
natural ventilation within the design;
·
not ensure the success of the proposed
landscaping;
·
not include public art; and
·
fail to provide
adequate floor to floor heights.
The development is therefore contrary to the following planning controls:
Sydney
Local Environmental Plan 2012
(i)
Clause 1.2(2)(c) - to promote ecologically
sustainable development
(ii)
Clause 1.2(2)(j) - to achieve a high quality
urban form by ensuring that new development exhibits design excellence and
reflects the existing or desired future character of particular localities
(iii)
Clause 6.21(4)(a) - whether a high standard of
architectural design, materials and detailing appropriate to the building type
and location will be achieved
(iv)
Clause 6.21(4)(b) - whether the form and
external appearance of the proposed development will improve the quality and
amenity of the public domain
(v)
Clause 6.21(4)(c) - whether the proposed
development detrimentally impacts on view corridors
(vi)
Clause 6.21(4)(d)(i) -
the suitability of the land for development
(vii)
Clause 6.21(4)(d)(iii) - any heritage issues and
streetscape constraints
(viii)
Clause 6.21(4)(d)(v) - the bulk, massing and
modulation of buildings
(ix)
Clause 6.21(4)(d)(vii) - environmental impacts,
such as sustainable design, overshadowing and solar access, visual and acoustic
privacy, noise, wind and reflectivity
(x)
Clause 6.21(4)(d)(viii) - the achievement of the
principles of ecologically sustainable development
(xi)
Clause 6.21(4)(d)(x) - the impact on, and
any proposed improvements to, the public domain
(xii)
Clause 6.21(4)(d)(xi) - the impact on any
special character area
(xiii)
Clause 6.21(4)(d)(xiii) - excellence and integration
of landscape design
Sydney Development Control Plan 2012
(xiv)
Section 2.1.3 - Haymarket/Chinatown Special
Character Area
(xv)
Section 3.1.5 - Public art
(xvi)
Section 3.2.6 - Wind effects
(xvii)
Section 4.2.1.2 - Floor to ceiling and floor to
floor heights
(xviii)
Section 4.2.3.4 - Design features to manage
solar access
(xix)
Section 4.2.3.5 - Landscaping
(xx)
Section 5.1.2.2 - Side and rear setbacks
(xxi)
Section 5.1.2.3 - Setbacks for buildings
adjoining or fronting lanes
(D) The
application is not accompanied by a detailed environmental site investigation
as recommended within the preliminary site investigation undertaken. The
application therefore fails to determine whether the site is contaminated and
whether it is or can be made suitable for the proposed use. The development is
therefore contrary to Clause 7 of the State Environmental Planning Policy 55 -
Remediation of Land.
(E)
The application has not provided sufficient
information to satisfy Transport for NSW (a concurrent authority) that the
development can be undertaken without adverse impacts to the interim rail
corridor located under the site. The development is therefore contrary to
Section 88 of the State Environmental Planning Policy (Infrastructure) 2007.
(F)
The development will not accommodate on-site
servicing for waste collection, deliveries. The development therefore
externalises demand and burdens the surrounding street network. The development
is therefore contrary to the following planning provisions:
Sydney Local Environmental Plan 2012
(i)
Clause 1.2(2)(c) - to ensure that the pattern of
land use and density in the City of Sydney reflects the existing and future
capacity of the transport network and facilitates walking, cycling and the use
of public transport
Sydney Development Control Plan 2012
(ii)
Section 3.11.6 - Service vehicle parking
(iii)
Section 3.14.1 - Waste and Recycling Management
Plans
(iv)
Section 3.14.2 - Construction and demolition
waste
(v)
Section 3.14.3 - Collection and minimisation of
waste during occupation
(vi)
Section 4.2.3.6 - Waste and recycling management
(G) The
development fails to provide adequate communal facilities and management
practices to meet the demands of guests and protect the amenity of the
surrounding area. The development is therefore contrary to the following
planning provisions:
Sydney Local Environmental Plan 2012
(i)
Clause 1.2(2)(h) - to enhance the amenity and
quality of life of local communities
Sydney Development Control Plan 2012
(ii)
Section 4.4.8.1 - Visitor accommodation -
General
(iii)
Section 4.4.8.4 - Additional provisions for
backpacker accommodation
(H) The
application does not adequately consider construction impacts in particular
noise, dust and traffic impacts. The development is therefore contrary to the
following planning provisions:
Environmental Planning and Assessment Act
1979
(i)
Section 4.15(1)(b) - the likely impacts of that
development, including environmental impacts on both the natural and built
environments, and social and economic impacts in the locality
(I)
The application proposes a floor space
ratio of 7.89:1 which exceeds the maximum permitted floor space ratio of 7.5:1
pursuant to Clause 4.4 of the Sydney Local Environmental Plan 2012. A request
to vary the maximum permitted floor space ratio in accordance with Clause 4.6
of the Sydney Local Environmental Plan 2012 has not be submitted. As such, the
development cannot be granted in accordance with Clause 4.4(2) of the Sydney
Local Environmental Plan 2012.
(J)
For the reasons above, the development is not in
the public interest.
Report author: David M Zabell
Publication date: 17/07/2019
Date of decision: 17/07/2019
Decided at meeting: 17/07/2019 - Local Planning Panel
Accompanying Documents:
- Development Application: 810-812A George Street, Haymarket - D/2019/120 PDF 5 MB
- Attachment A1 - Selected Drawings PDF 9 MB
- Attachment A2 - Selected Drawings PDF 17 MB
- Attachment B - Clause 4.6 Variation Request PDF 1 MB
- Restricted enclosure View reasons restricted
- Presentation for Item 3 PDF 8 MB
- Relevant to Development Application: 810-812A George Street Haymarket - D/2019/120 PDF 123 KB
- Relevant to Development Application: 810-812A George Street Haymarket - D/2019/120 PDF 128 KB
- Attachment A - Submitter's Email to the Local Planning Panel PDF 210 KB