Decision details

The Panel refused consent for Development Application Number D/2026/38.

Reasons for Decision

The application was refused for the following reasons:

(A)       The applicant has not demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the height development standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify the contravening of clause 4.3 of the Sydney LEP 2012.

(B)       The proposal fails to conserve the heritage significance of the heritage item, including its associated fabric. The proposed acoustic wall and rooftop structures adversely impact significant heritage fabric and visually compromise the historic parapet of the building, contrary to Clause 5.10 of the Sydney LEP 2012 and Section 3.9.5 ‘Heritage Items’ of the Sydney DCP 2012.

(C)       The submitted acoustic report is deficient, the proposed development is likely to result in unreasonable noise and amenity impacts which fails to satisfy Section 4.15(1)(b) of the EPA Act 1979 and Section 4.2.3.11 'Acoustic Privacy' of the Sydney DCP 2012.

(D)       The proposed outdoor communal area is excessive and significantly exceeds the maximum permissible outdoor area by approximately 113%, contrary to Section 4.4.8.4 ‘Additional provisions for backpacker accommodation’ (4)(a) of the Sydney DCP 2012.

(E)       The proposal seeks to intensify the use of the rooftop but fails to provide equitable access to this area, contrary to Section 3.12 ‘Accessible Design’ of the Sydney DCP 2012.

(F)       The submitted Plan of Management does not provide sufficient or enforceable operational controls to adequately mitigate the potential amenity and safety impacts associated with the proposed rooftop use.

(G)      The proposed development fails to exhibit 'design excellence' pursuant to clause 6.21C of the Sydney LEP 2012.

(H)       The development is not in the public interest.

Carried unanimously.

D/2026/38