Decision details

Mr Kennedy left the meeting at 6.40pm, prior to discussion on Item 6 and returned to the meeting at 7.19pm, at the conclusion of discussion and voting on Item 6.

The Panel refused consent for Development Application No. D/2019/149 for the following reasons:

(A)        The entrance to the site is located less than 75 metres to the entrance to an existing brothel at 278-284 Cleveland Street and is located adjacent to and opposite residential premises and a residential zone. Intensification and expansion of the premises will have an adverse impact on the streetscape, character and amenity of the surrounding area and is contrary to the following planning provisions:

Sydney Local Environmental Plan 2012

(i)          Clause 1.2(2)(h) - to enhance the amenity and quality of life of local communities

(ii)         Clause 2.3(2) - B4 Mixed Use zone - To provide a mixture of compatible land uses and to ensure uses support the viability of centres

(iii)        Clause 7.21 - Location of sex services premises

Sydney Development Control Plan 2012

(iv)       Section 2.13.1 - Cleveland Street locality statement

(v)         Section 4.2.9 - Non-residential land uses in the B4 - Mixed Use zone

(vi)       Section 4.4.6.1 - proximity to residential premises and existing sex services premises

(B)        The internal layout and revised Plan of Management inadequately address the following matters:

·             The maximum patron capacity of each room and the premises.

·             How access will be managed from Goodlet Lane.

·             The provision of a sufficient break-out area for staff.

The development is therefore likely to adversely impact the character and amenity of the surrounding area and provide insufficient facilities for the safety and security of staff, patrons and the general public. The development is therefore inconsistent with the following planning provisions:

Sydney Development Control Plan 2012

(i)          Section 4.4.6.2 - Access to the premises

(ii)         Section 4.4.6.4 - Health, Safety and Security

(iii)        Section 4.4.6.6 - Plan of Management

(C)       The application fails to demonstrate compliance with relevant planning provisions regarding accessibility. In particular, the application fails to identify the number of rooms required with accessible entry and that there is an acceptable path of travel for guests requiring an accessible entry. The development is therefore contrary to the following planning provisions:

Sydney Development Control Plan 2012

(i)          Section 3.12.1 - Accessible design

(D)       Unauthorised works have been undertaken to the premises such that it currently appears dilapidated, adversely impacting on its contribution to the character and appearance of the Goodlet Street conservation area (C63). The heritage impact statement submitted during the assessment of the application identifies works required to rectify these unauthorised works and improve the character and appearance of the building, however the application does not propose undertaking these works. The development is therefore contrary to the following planning provisions:

Sydney Local Environmental Plan 2012

(i)          Clause 1.2(2)(k) - to conserve the environmental heritage of the City of Sydney

(ii)         Clause 5.10 - Heritage conservation

Sydney Development Control Plan 2012

(iii)        Section 3.9.7 - Contributory buildings

(E)        The application does not include areas for waste storage and is not accompanied by a demolition, construction and operational waste management plan. The development is therefore inconsistent with the following planning provisions:

Sydney Development Control Plan 2012

(i)          Section 3.14 - Waste Management

Guidelines for Waste Management in New Development 2018

Carried unanimously.

Speakers

Mr Adem Cetinay (member of Redfern Islamic Society).

D/2019/149