Decision details

The Panel:

(A)      upheld the written request seeking variation to the development standard in Clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 requiring the provision of 2 motorcycle parking spaces, made in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)      granted consent to Development Application Number D/2020/1029 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):

(2)       DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)       The front dormer window must be set back from Botany Road by an additional 300mm and provide a higher sill height.

(b)       An awning must be provided to extend over the bike storage area to provide weather protection to the vertical bike racks.

(c)       The functions of the ground floor reading and tv rooms are to be exchanged.

(d)       A window is to be added to the revised tv room location, to the right of the chimney breast.

(e)       The design of the bicycle storage area is to be revised such that the number of bicycle spaces is increased to at least 5, and appropriate charging facilities are added.

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

(22)    BICYCLE PARKING

(a)     The minimum number of bicycle parking spaces to be provided for the development must comply with the table below.

Bicycle Parking Type	Number	Requirements
Residential	3 5	Spaces must be class 2 bicycle facilities

Notes:

(i)      Australian Standard AS 2890.3:2015 refers to class 1 as class ‘A’, class 2 as class “B’, and class 3 as class ‘C’.

(b)     The layout, design and security of bicycle facilities must comply with the minimum requirements of Australian Standard AS 2890.3 Parking Facilities Part 3: Bicycle Parking Facilities. The details must be submitted to and approved by the Accredited Certifier confirming compliance prior to the Construction Certificate being issued.

Reasons for Decision

The application was approved for the following reasons:

(A)      The development is consistent with the objectives of the B4 mixed use zone pursuant to the Sydney Local Environmental Plan 2012.

(B)      The development complies with the maximum height of buildings development standard applicable to the site, pursuant to Clause 4.3 of the Sydney Local Environmental Plan 2012.

(C)      The development complies with the maximum floor space ratio development standard applicable to the site, pursuant to Clause 4.4 of the Sydney Local Environmental Plan 2012 and Clause 29(1)(c)(i) of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

(D)      The proposal satisfies design excellence provisions and matters for consideration in Clause 6.21 of the Sydney Local Environmental Plan 2012.

(E)      The development meets the objectives and relevant provisions for boarding houses in accordance with Division 3 of Part 2 of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

(F)      The development is consistent with the objectives and is generally in accordance with the relevant provisions of the Sydney Development Control Plan 2012 relating to boarding houses.

(G)      The proposal has a height and form suitable for the site, satisfactorily addresses the heights and setbacks of neighbouring developments, and is appropriate in the streetscape context and broader locality.

(H)      The development can satisfactorily accommodate the proposed land use and does not result in any significant adverse environmental or amenity impacts on surrounding properties, the public domain and the broader Regent Street and Botany Road locality, subject to the recommended conditions.

(I)        The public interest is served by the approval of the proposal, as amendments to the development application have addressed the matters raised by the City, subject to the recommended conditions relating to acoustic privacy and bicycle storage.

(J)       Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney Local Environmental Plan 2012, that compliance with the minimum motorcycle parking development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening Clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use zone and the minimum motorcycle parking development standard.

(K)      Condition 1(c) was added to facilitate the additional window proposed in Condition 1(d) and improve light access and natural cross ventilation to the revised tv room location.

(L)       Condition 1(e) was added to provide additional bicycle and e-bike parking.

(M)      Condition 22 was amended to be consistent with the addition of Condition 1(e).

Carried unanimously.

D/2020/1029

Speakers

Mr Mark Solomon (Plan Urbia) – on behalf of the applicant, and Mr Peter Huang (PFH Architects) – on behalf of the applicant.