Decision details

The Panel grated deferred commencement consent to Development Application No. D/2025/488, subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the recommended conditions of consent, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Local Planning Panel.

(B)       The development is permissible with consent in the MU1 mixed-use zone and is consistent with the objectives of the zone. The temporary works in the SP2 zone are permissible with consent given they are ancillary to or incidental to a future road reserve.

(C)       The proposed development complies with the maximum alternative height of buildings and floor space ratio development standards contained in Clause 6.60B of Sydney Local Environmental Plan 2012.

(D)       The proposed development provides a positive contribution that is suitable in terms of its context, scale and building form which is consistent with the desired future character of the area. The proposed development exhibits design excellence in accordance with the relevant provisions and matters for consideration in Clause 6.21C of the Sydney Local Environmental Plan 2012.

(E)       The proposed development has a form, bulk and massing that is commensurate with that envisaged by the adopted planning controls for the Botany Road Precinct. The development is consistent with the objectives and locality statement. The development maintains an acceptable level of amenity to surrounding developments as discussed in the report, subject to conditions.

(F)       The proposal is consistent with the relevant objectives and controls of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.

(G)      In making its determination, the Panel considered the details on overshadowing and the further submission contained in the Information Relevant To Item 5 Memorandum dated 26 November 2025 from the Executive Manager Planning and Development.

(H)       In making its determination, the Panel considered the request from the Applicant’s town planner to delete condition 13 relating to the imposition of an Affordable Housing Contribution. Following advice from council staff, the Panel unanimously agreed that the condition should remain.

Carried unanimously.

D/2025/488