Development Application: 38-44 Mountain Street, Ultimo - D/2020/1288
Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Decisions:
The Panel:
(A) upheld the variation requested to clause 4.3 'Height of buildings' in accordance with clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in this instance;
(B) upheld the variation requested to clause 4.4 'Floor space ratio' in accordance with clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in this instance; and
(C) granted
consent for Development Application No. strikethrough):
The
design of the building must be modified as follows:
(a)
The
ground floor awnings to Mountain Street and Smail Street shop fronts and
windows are to be deleted. The design of
the awning to the building lobby entry on Mountain Street is amended to comply
with Section 3.2.4 of Sydney DCP 2012.
(b)
The
rooftop plantings must be amended to provide sufficient soil volume in line
with the Sydney Landscape Code to allow eight small trees to grow to maturity,
or sufficient trees to provide 15% canopy cover of the site.
(c)
Tiling
finish “T1” is to be replaced with “P1” finish to three of the ground level
columns to the Smail Street as marked up on the approved plans.
(d)
Materials
and construction details at 1:10 or 1:5 of the level 5 glass meeting room are
to be provided. The construction
methodology should include details of mullions (of minimal width and depth) to
deliver the ‘weightless’ visual effect.
The
modifications are to be submitted to and approved by Council’s Area Coordinator
Planning Assessments / Area Planning Manager prior to the issue of a
Construction Certificate.
Reasons for Decision
The application was approved for the following reasons:
(A) The proposal is consistent with the objectives of the B4 Mixed Use Zone.
(B) The proposal satisfies the design excellence provisions of clause 6.21 of Sydney Local Environmental Plan 2012.
(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 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;
(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; and
(iii) 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 floor space ratio development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.4 of the Sydney LEP 2012.
(iv) the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use Zone and the floor space ratio development standard.
(D) Condition 2(c) was deleted in line with a request made by the applicant, in order to retain the more robust tiling finish on the columns.
Carried unanimously.
D/2020/1288
Speakers
Ben Tesoriero and Pattie Bai – on behalf of the
applicant.
Report author: Shannon Rickersey
Publication date: 22/09/2021
Date of decision: 22/09/2021
Decided at meeting: 22/09/2021 - Local Planning Panel
Accompanying Documents:
- Development Application: 38-44 Mountain Street, Ultimo - D/2020/1288 PDF 4 MB
- Attachment A - Recommended Conditions of Consent PDF 655 KB
- Attachment B - Selected Drawings PDF 6 MB
- Attachment C - Clause 4.6 Variation Request - Height of Buildings PDF 1 MB
- Attachment D - Clause 4.6 Variation Request - Floor Space Ratio PDF 1 MB
- Presentation - Item 5 - 38-44 Mountain Street Ultimo PDF 7 MB