Decision details

The Panel:

(A)       was satisfied that the Applicant has demonstrated that compliance with  Clause 4.3 (Height of Buildings) in of the Sydney Local Environmental Plan 2012 is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of clause 4.6(3) of the Sydney LEP 2012;

(B)       was satisfied that the Applicant has demonstrated that compliance with  Clause 4.4 (Floor Space Ratio)  of the Sydney Local Environmental Plan 2012 is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of clause 4.6(3) of the Sydney LEP 2012; and

(C)       granted consent to Development Application Number D/2025/385 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):

(19)     DESIGN MODIFICATIONS

The design of the building and supporting documents must be modified as follows:

(a)        Include a signal system within the site for entering vehicles facing the waiting bay.

(b)        The driveway to the basement should be clearly dimensioned on the plans to contain a 5.9m width for two-way flow.

(c)        The stair roof to the eastern end of the building should follow the stair geometry rather than having a flat roof to reduce visual impact.

(d)        The density of balustrading to south-facing co-living rooms should be increased, or should incorporate an opaque glazing treatment to improve visual privacy.

(e)        The privacy screens to the northern elevation should be increased in width to cover 50% of the balcony width. Details at 1:5 or 1:10 scale of privacy screening to the northern elevation should be provided.

(f)         The material schedule should be updated to remove references to ‘or similar’.

(g)        The architectural plans should be updated to locate mailboxes accessible to all residents.

(h)        The waste storage room door should be reduced to 1500mm to allow bins to be stacked either side of the doorway.

(i)          The hose reel within the waste storage room should be relocated to the corner to allow for the single stacking of bins against the back wall.

(j)          Construction details (materials used, footing dimensions and locations etc) of the rear boundary fence within the TPZ of Trees 5 and 6 should be noted on the architectural drawings.

(k)        Construction methods must use tree sensitive methods (pier and beam) to ensure the retention and protection of Trees 5 and 6. Continuous footings will not be accepted. Any beam construction must be installed on or above grade. Pier locations must be flexible to avoid any tree roots. These construction methods should be noted on the architectural drawings.

(l)          Provision must be made within a common internal living area for an onsite manager.

The modifications are to be submitted to and approved by Council’s Area Coordinator Planning Assessments or Area Planning Manager prior to the issue of a Construction Certificate.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposed development is consistent with the objectives of the MU1 Mixed Use zone.

(B)       The proposed development satisfies the relevant objectives and provisions of the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(C)       Having considered the matters in Clause 6.21 of the Sydney LEP 2012, the proposal exhibits design excellence.

(D)       The proposal is consistent with the standards for co-living housing under Chapter 3 Part 3 Section 68 and Section 69 of State Environmental Planning Policy (Housing) 2021.

(E)       Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that 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 and Floor Space Ratio development standards is unreasonable or unnecessary, and that there are sufficient planning grounds to justify contravening clause 4.3 and 4.4 of the Sydney LEP 2012.

(F)       The proposal will not unreasonably compromise the amenity of the surrounding area and is in the public interest, subject to the recommended conditions.

(G)      Condition 19 was amended to address privacy and provide a designated manager’s office.

Carried unanimously.

D/2025/385