Decision details

The Panel:

(A)       upheld the variation requested to the car parking spaces non-discretionary development standard 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/2024/477 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):

6(A)  DESIGN MODIFICATION

The proposed northern and eastern elevation windows are to be modified to be clear glazing with privacy to be managed via internal blinds

Reason

To ensure adequate internal amenity.

(7)        FLOOD PLANNING LEVELS

The development must be constructed to comply with the recommended flood planning levels indicated in Section 4.5 of the report titled Flood Study prepared by MBC Engineering dated 2 December 2023.

Details must be submitted to the Registered Certifier prior to the issue of any Construction Certificate demonstrating that the development will comply with the recommended flood planning levels (33.25 mAHD).

Reason

To ensure the development complies with the recommended flood planning levels.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposed development is permitted with consent in the R1 General Residential zone.

(B)       The development exhibits design excellence under Clause 6.21C of Sydney Local Environmental Plan 2012.

(C)       The development responds appropriately to the scale of surrounding buildings and is compatible with the character of the Prince Alfred Park South locality and the Redfern Estate heritage conservation area.

(D)       The development will not unreasonably compromise the amenity of neighbouring properties, including demand for on-street car parking.

(E)       The development is generally consistent with the objectives of Chapter 3 Part 1 of State Environmental Planning Policy (Housing) 2021, Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(F)       Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the 'car parking spaces' development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening section 53(2)(b) of State Environmental Planning Policy (Housing) 2021.

(G)      Condition 6A was added to ensure adequate internal amenity.

(H)       Condition 7 was modified to specify the flood planning level.

Carried unanimously.

D/2024/477