Decision details

The Panel:

(A)      upheld the variation requested to Clause 6.47(5) 'Millers Point heritage conservation area' in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012

(B)      granted consent to Development Application Number D/2026/298 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 development is consistent with the objectives of the R1 General Residential 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)      The design of the additions, subject to conditions, responds appropriately to the scale of surrounding buildings.

(D)      Appropriate conditions are to be imposed to ensure the development does not detrimentally impact on the heritage significance of the site.

(E)      The development will not adversely affect the character of the State Heritage listed Millers Point heritage conservation area and the Millers Point and Dawes Point village precinct.

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

(G)      Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that the applicant has demonstrated that compliance with the maximum height of a building on land to which 6.47 'Millers Point heritage conservation area' of the Sydney Local Environmental Plan 2012 applies, 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 Local Environmental Plan 2012.

Carried unanimously.

D/2026/298