Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
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 'Exceptions 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 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in the circumstances of this application; and
(C)
pursuant to Section 4.16(3) of the Environmental
Planning and Assessment Act 1979, granted a deferred commencement consent to
Development Application No. strikethrough):
The design of the building must be modified as follows:
(a)
The
third storey must be setback 3m from the parapet. The facade of the third
storey is to run parallel to the parapet, with no steps. The setback area is to
be free of all building structures, including the roof overhang and rooftop
plant.
(b)
As
a result of the setback stated in condition (a) above, the double room at the
upper level (identified as room L2.02) is to be deleted and plant relocated
behind the setback line. The communal roof terrace is to be increased in
size. A weather protection awning is to
be provided immediately above the entry door to the rooftop communal space.
(c)
Room
L2.04 is to be increased to a double room which meets the minimum requirements
of State Environmental Planning Policy (Affordable Rental Housing) 2009.
(d)
A revised layout design for rooms L2.02
and L2.04 is to be submitted to and approved by Council’s Area Planning
Manager.
(e)
All
details of the performance solutions relied upon to achieve compliance with the
National Construction Code which result in changes to the façade of the
contributory building must be provided for approval.
(f)
Details
of the hydrant booster cabinet must be provided for approval. Details to be
provided include 1:10 ‘For Construction’ plan, section and elevation details of
the cabinet.
(g)
The
ground level café is not approved. This must be deleted from the drawings and
the area incorporated into the ground level communal area.
(h)
The design of the ground floor communal
space is to be revised to include full kitchen facilities, including an oven
and stove top with extraction, and is to be submitted to and approved by
Council’s Area Planning Manager.
(i)
There is to be a distinct building entry
area with letterboxes, separate to the communal space. The revised design is to
be submitted to and approved by Council’s Area Planning Manager.
(j)
1:10
‘For Construction’ details are to be provided showing the proposed box gutter /
drainage in relation to the existing facades. The position of all internal
downpipes must be clearly shown on plan.
(k)
Operable,
external shading devices are to be provided to all roof lights. Details are to
be provided for approval.
(l)
Letterboxes
are to be installed in the communal indoor space near the entry door to the
boarding house.
(m) Details of the awning on City Road are to
be provided for approval. Details should include the proposed materials and
re-use of old anchor points from the previous awning. The new awning is to be
based on historic research, where possible.
(n)
The
rooftop plant is not to be visible from the public domain. Plant equipment or
any part of the plant structure must be hidden behind the parapet.
(o)
Details
(elevation and sections including materials) at a scale of 1:10 and 1:5 of the
new western glazed entry are to be provided. The criss-cross timber pattern on
adjacent windows should be replicated in the highlight window of the new glazed
entry.
(p)
An
outdoor drying area is to be provided.
Reasons for Decision
The application was approved for deferred commencement 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
(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
(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 State Environmental Planning Policy (Affordable and Rental Housing) 2009; and
(ii) the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use zone and the State Environmental Planning Policy (Affordable and Rental Housing) 2009 development standards.
(D) The proposal is consistent with the aims and objectives of Division 3 of State Environmental Planning Policy (Affordable and 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. The development is consistent with the desired future character of the area as per Clause 6.21 of 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.
(I) Conditions 1(b) and 1(c) were replaced in order to preserve the integrity of the original building frontage and improve amenity.
(J) Condition 1(g) was amended and 1(h) was added, to improve amenity for residents.
(K) Condition 1(i) was added to provide a main circulation route separate from the communal space.
Carried unanimously.
D/2020/873
Speakers
Mr Bruce van Niekerk (MacroPlan) – on
behalf of the applicant, and Mr Philip North (Weir Phillips Heritage and
Planning) – on behalf of the applicant.
Report author: Chris Corradi
Publication date: 07/04/2021
Date of decision: 07/04/2021
Decided at meeting: 07/04/2021 - Local Planning Panel
Accompanying Documents: