Decision details

The Panel granted consent to Development Application Number D/2025/707 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):

(2)        EXTENT OF THE APPROVED DEVELOPMENT

This consent relates to the operation and use of:

(a)        Entry Hall for information and educational purposes (besides the use of the Entry Hall for providing access to the approved offices);

(b)        The ground floor café including the external seating in the portico; and

(c)        The playing of music in the portico, level 2 roof terrace and rooftop terrace.

Reason

To provide clarity of the approved development.

(3)        COMPLIANCE WITH PREVIOUS APPROVALS FOR THE SITE

(a)        Unless explicitly approved by this consent, the operation and construction of the site must be in accordance with all previous approvals for the site, namely D/2020/1397 (as amended).

(b)        If there are any inconsistences between D/2020/1397 (as amended) and D/2025/707 in relation to the use and operation of the Entry Hall, the operation of the café and outdoor seating and the playing of outdoor music, the conditions of D/2025/707 will prevail.

Reason

To ensure consistency between development consent D/2020/1397 and the current development.

(4)        MODIFICATION OF D/2020/1397

Prior to the issue of an Occupation Certificate, Development Consent D/2020/1397 (as amended) shall be modified pursuant to Section 4.17 (1)(b) and (5) of the Environmental Planning and Assessment Act 1979 by the modification of the follow conditions:

(a)        modification of condition 1 (Approved Development) to add in drawing 04 'Marketing floor plan - level 02' and drawing 05 'marketing floor plan - rooftop'

(b)        deletion of Condition 4 relating to the use of the Entry Hall;

(c)        deletion of Condition 8 (b) relating to the hours of operation of the exhibition space within the Entry Hall and 8 (c) relating to hours of operation for the café;

(d)        deletion of Condition 9 (External Seating);

(e)        modification of Condition 12 to allow delivery vehicles from 6.30am (instead of 7am);

(f)         deletion of Condition 13 that does not allow speakers or music outside and replacement with:

Music outside

Speakers and/or noise amplification equipment is only to be installed and music to be played in the following areas and times:

Between 7:00am and 7:00pm in the portico associated with the café use

Between 8:00am and 8:00pm on the level 2 roof terrace and rooftop terrace during Australian Eastern Daylight Time (AEDT)

Between 8:00am and 6:00pm on the level 2 roof terrace and rooftop terrace during Australian Eastern Standard Time (AEST)

(g)        modification of Condition 16 requiring compliance with the current Plan of Management (instead of the previous 2020 version);

(h)        modification of Condition 18 requiring compliance with the current acoustic report (instead of the previous 2020 version); and

(i)          addition of the following two conditions:

Noise from entertainment activities

During ongoing use of the premises, the cumulative emission of noise from any entertainment activities must comply with Requirement 3, NOISE FROM ENTERTAINMENT ACTIVITIES, as specified in the City of Sydney – Environmental Noise Technical Requirements, dated October 2025.

Managing noise

The premises must be operated and managed in accordance with the approved acoustic report for this consent. All physical aspects of the building’s structure must be installed to meet performance parameters in accordance with this condition, and requirements of this consent, must be maintained and correctly used at all times. Where there is a conflict with the approved acoustic report and a requirement of this development consent, this consent prevails.

Reason

To ensure consistency between development consent D/2020/1397 and the current development.

(9)        USE OF THE ENTRY HALL

(a)        The Entry Hall (exhibition space) shall only be used as an information and education facility as defined by the Sydney Local Environmental Plan 2012 in association with the charitable foundation use of the site.

(b)        The entry hall must not be operated as a function space for  third party users, except for hosting information and educational events as per the approved plan of management in condition 14 of this consent.

(c)        Any uses associated with (a) and (b) above after 6:00pm where food and drinks are available, shall be limited to a maximum of 12 per calendar month.

Reason

To detail the approved use of the Entry Hall.

(10)     MAXIMUM CAPACITY OF PERSONS IN ENTRY HALL

(a)        The maximum number of persons permitted in the Entry Hall for information and educational exhibitions and events at any one time is 79 patrons and 10 staff members. 

(b)        The manager/licensee is responsible for ensuring the number of persons in the premises does not exceed that specified above.

Reason

To ensure the premises can safely accommodate patrons and staff and safeguard the amenity of the surrounding neighbourhood.

(11)     MAXIMUM CAPACITY OF PERSONS FOR OUTDOOR SEATING

The maximum number of patrons permitted in the approved outdoor seating area in the portico associated with the café is 24 persons.

Reason

To ensure the premises can safely accommodate patrons and staff and safeguard the amenity of the surrounding neighbourhood.

(12)     USE OF ROOF TERRACES

The roof terrace on level 2 and the rooftop terrace must not be utilised by patrons of either the cafe or exhibitions in the Entry Hall.

Reason

To provide certainty about the use of the roof terraces.

(13)     MUSIC OUTSIDE

Speakers and/or noise amplification equipment is only to be installed and music to be played in the following areas and times:

(a)        between 7:00am and 7:00pm in the portico outdoor seating area associated with the café use

(b)        between 8:00am and 8:00pm on the level 2 roof terrace and rooftop terrace during Australian Eastern Daylight Time (AEDT)

(c)        between 8:00am and 6:00pm on the level 2 roof terrace and rooftop terrace during Australian Eastern Standard Time (AEST)

Reason

To safeguard the amenity of the surrounding neighbourhood.

(14)     PLAN OF MANAGEMENT 

The use must always be operated / managed in accordance with the Plan of Management, prepared by Ethos Urban, a Colliers Company dated 28 October 2025 (Council ref: TRIM ref: 2025/647422) that has been approved by Council. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.

 

Reason

To ensure all parties are aware of the approved supporting documentation that applies to the development.

 

(15)     NEIGHBOURHOOD AMENITY

Signs must be placed in clearly visible positions within the premises requesting patrons upon leaving the premises to do so quickly and quietly, having regard to maintaining the amenity of the area. The signage shall be in bold letters not less than 25mm in height on a contrasting background.

Reason

To assist in maintaining the amenity of the surrounding area.

(16)     DELIVERY VEHICLES

Deliveries associated with the site that involve the movement of vehicles, must only occur between the hours of 6.30am and 7.00pm. 

Reason

To enable the ongoing operation of the cafe onsite while maintaining the amenity of the surrounding area.

Reasons for Decision

The application was approved for the following reasons:

(A)  The proposal is capable of being carried out on the site without resulting in significant adverse impacts on the surrounding properties.

(B)  The development, subject to conditions, meets the objectives of the relevant planning controls.

(C)  The Panel was satisfied that the use of the Entry Hall is appropriately characterised as an “information and education” facility under LEP 2012 and if other uses are found to be operating that are prohibited under LEP 2012, then appropriate action may be taken by council.

(D)  Conditions 2, 3, 4, 9, 10, 11, 12, 13, 14, 15 and 16 were amended to provide reasons as required by Clause 88(c)(ii) of the EP&A Regulation 2021.

(E)  Condition 9 was further amended to add clarity that while the number of events is increasing, the nature of the permitted events remains unchanged from the original D/2020/1397 consent.

(F)  Condition 12 was further amended to clarify that the Level 2 terrace and rooftop terraces must not be used by patrons of the Entry Hall.

Carried unanimously.

D/2025/707