Decision details

The Panel granted consent to Development Application No. D/2019/1163 subject to the conditions set out in Attachment A to the subject report, noting the additional information provided in the Information Relevant To memorandum from the Acting Director City Planning, Development and Transport dated 25 November 2020, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(1)        APPROVED DEVELOPMENT

(a)        Development must be in accordance with Development Application No. D/2019/1163 dated 21 October 2019 and the following drawings prepared by Jeff Madden and Associates.

(5)     VERANDAH ROOF RECONSTRUCTION

The extension of the verandah roof on the south corner south west and south east corners of the western wing must adopt a shake roofing and not glass. Details of the above are to be submitted to and approved by Council’s Area Planning Manager/ Area Coordinator Planning Assessments prior to the issue of a construction certificate.

(13)   DILAPIDATION REPORT – MINOR

Subject to the receipt of permission of the affected landowner, dilapidation report/s of adjoining buildings, the right of way, infrastructure and landscaping are to be prepared by an appropriately qualified practising structural engineer and submitted for the approval of the Accredited Certifier:

(a)     prior to the commencement of demolition/excavation works; and

(b)     on completion of construction demolition/excavation works.

Reasons for Decision

The application was recommended for approval for the following reasons:

(A)        The proposal is consistent with the objectives of the B4 Mixed Use zone pursuant to the Sydney Local Environmental Plan 2012.

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

(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 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.

(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.

(D)       The proposal, subject to conditions, satisfies the provisions of clause 6.21 of the Sydney Local Environmental Plan 2012.

(E)        The proposal is consistent with the objective of conserving the heritage significance of heritage items and heritage conservation areas.

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

(G)       Issues raised in submissions have been considered and where appropriate addressed in the amended plans and or conditions of consent.

(H)       Condition 1 was amended to correct a minor administrative error.

(I)          Condition 5 was amended to clarify the location of the verandah roof extension.

(J)         Condition 13 was amended to appropriately protect the right of way and associated infrastructure during construction.

Carried unanimously.

D/2019/1163

Speakers

Mr Rupert Burton (Strata 46580 Chair), Mr Ian Sefton (local resident), and Mr Brian Vincent (Applicant).