Decision details

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; and

(B)       granted consent to Development Application Number D/2023/902 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(23)     PUBLIC ART STRATEGY

A strategy to address the protection of the ‘Village Voices’ public artwork shall be submitted to and approved by Council’s Area Planning Manager prior to the issue of any construction certificate for the development. All works proposed in the approved strategy shall be implemented in full during the construction of the development. Any damage to the artwork shall be rectified by the developer prior to the issue of an occupation certificate for the development.

Reason

To require a strategy to protect the existing artwork during construction.

Remaining conditions to be renumbered accordingly

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposed development is consistent with the objectives of the E1 Local Centre zone.

(B)       The proposed development satisfies the relevant objectives and provisions of the Sydney Development Control 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 LEP 2012; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the E1 Local Centre zone and the height of buildings development standard.

(D)       Condition 23 was added to require a strategy to protect the existing artwork during construction.

Carried unanimously.

D/2023/902