Decision details

The Panel:

(A)      upheld the variation requested to Clause 4.3 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)      pursuant to section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, granted consent to Development Application Number D/2023/962 subject to the conditions set out in Attachment A to the subject report, subject to the following amendment (addition shown in bold italics):

(3)       DESIGN MODIFICATIONS

Amended plans and revised documentation is required to be submitted incorporating the following design modifications for McPherson Park:

(a)       Reduce the capacity of stormwater detention basin by no more than outlined in the Flood Advice prepared by Stantec dated 3 December 2024 (Council ref: 2025/010853). The lawn levels are to be raised and one row of terracing along the western side of the lawn deleted.

The revised design is to be supported with a revised flood impact assessment report prepared by an experienced and qualified hydraulic engineer demonstrating no flooding impacts within or into neighbouring lots.

Revised bulk excavation and cut and fill diagrams are to be provided.

(b)       Increase the width of the children playground areas consequently to design modification (a).

(c)       Delete the timber viewing deck structures and replace with brick paved pathways ramping down to the lawn area from the children’s play areas.

(d)       Provide stair and/or ramps, integrated with the terrace, between all playgrounds and picnic areas to the lawn area.

(e)       Provide a ‘desire’ line entry into the northwestern corner of the park

(f)        Widen the southeastern entry into the park to create legible entries to the lawn area and picnic area. This may involve the deletion of an area of mass planting.

(g)       Widen the eastern entries into the park (from Foundry Street). This may involve the deletion of an areas of mass planting.

(h)       Resolve levels (timber decking adjacent picnic area and BBQ and amenities structures) to minimise level changes and improve accessibility.

(i)        Provide a revised schedule of play equipment and accompanying amended plans which provides a diverse play offering for various age groups and commensurate with a neighbourhood scale park, including accessible/inclusive play equipment.

(j)        Modify the roof over the BBQ and amenities building to ensure weather protection is provided and delete the secondary (lower) roof over the WCs.

(k)       Provide details of facilities for dog walkers, including drinking fountains.

The above modifications are to be submitted to and approved by Council’s Area Planning Manager prior to the issue of any Subdivision Works Certificate or Construction Certificate.

Reason

To require amendments to the approved plans and supporting documentation following assessment of the development.

Reasons for Decision

The application was approved for the following reasons:

(A)      The development is consistent with the Concept Plan for the redevelopment of the Ashmore Estate.

(B)      The development is consistent with the objectives of the E1 zone.

(C)      The development is consistent with the terms of the applicable Voluntary Planning Agreement.

(D)      The development will deliver the necessary roads, pedestrian and cycling links, stormwater infrastructure, and public open spaces to support the renewal of the Ashmore Neighbourhood.

(E)      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

(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.

(F)       Condition 3 was amended to provide facilities for park users.

Carried unanimously.

D/2023/962