Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
The Panel granted a deferred commencement consent to Development
Application No. D/2018/871 pursuant to Section 4.16(3) of the Environmental
Planning and Assessment Act 1979, subject to the conditions set out in
Attachment A to the subject report, and subject to the following amendments
(additions shown in bold italics and deletions in strikethrough):
(55) INACCESSIBLE GREEN ROOFS (BOTANY TOWER ROOFTOP AND LEVEL 2 AWNING)
(a)
The landscape package, revision C, prepared by
Sydney Design Collective dated September 2019 is not approved. A detailed green
roof and
level two design including plans and details drawn to scale, and
technical specification, by a registered landscape architect or AILDM qualified
landscape designer, must be submitted to and approved by Council’s Area
Planning Manager Director City Planning, Development and
Transport prior to the issue of a Construction Certificate.
Reasons for
Decision
The application was approved for the following reasons:
(A)
The proposed
development is for shop-top housing comprising apartment dwellings above ground
floor retail and business premises. The site is located within the area subject
to clause 1AA of Schedule 1 of the Sydney Local Environmental Plan 2012 (the
LEP), which specifies development for the purposes of shop-top housing as being
permitted with consent.
(B)
The proposed
development complies with the 22m height of buildings control pursuant to
clause 4.3 of the LEP and complies with the 2:1 floor space ratio control
pursuant to clause 4.4 of the LEP. The proposed development satisfies the
relevant objectives of Sydney Development Control Plan 2012 (the DCP).
(C)
The proposed
development provides an appropriate architectural contribution that is suitable
in terms of its context, scale and built form that is consistent with the desired future character of the area, as expressed in the
applicable planning policies. As such it is
considered to exhibit design excellence and satisfies the relevant requirements
of clause 6.21 of the LEP.
(D)
The proposed
development will not result in unacceptable adverse impacts upon the amenity of
surrounding residential properties, subject to the recommended conditions.
(E)
Condition 55 was
amended to provide abundant clarity on the landscape package
design.
(F)
The Panel accepted
the concerns of neighbouring residents regarding overshadowing and basement
construction, however these matters were regarded as having been adequately
assessed and addressed.
Carried unanimously.
Speakers
Angela Amar (resident) and Tone Wheeler (Principal Architect, Environa Studio – on behalf of the applicant).
D/2018/871
Report author: Ben Chamie
Publication date: 30/10/2019
Date of decision: 30/10/2019
Decided at meeting: 30/10/2019 - Local Planning Panel
Accompanying Documents: