Decision details

Moved by the Chair (the Lord Mayor), seconded by Councillor Miller -

It is resolved that:

(A)       authority be delegated to the Chief Executive Officer to determine Development Application No. D/2024/238 following the completion of the public exhibition of the draft Voluntary Planning Agreement in accordance with the public benefit offer dated 3 September 2024 and after considering any public submissions received; and

(B)       if the Chief Executive Officer determines to approve Development Application No. D/2024/238, then consideration be given to imposing 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):

 (99)       PHYSICAL MODELS

(a)    Prior to the Occupation Certificate being issued, an accurate 1:500 scale model of the development as constructed must be submitted to Council for the City Model in Town Hall House.

Note:

(i)      The models must be constructed in accordance with the Model Specifications available online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements Council’s modellers must be consulted prior to construction of the model.

(ii)    The models are to comply with all of the conditions of the Development Consent.

(iii)   The models must be amended to reflect any further modifications to the approval (under Section 4.55 of the Environmental Planning and Assessment Act) that affect the external appearance of the building.

(100)          SUBMISSION OF ELECTRONIC CAD MODEL PRIOR TO OCCUPATION CERTIFICATE

(a)        Prior to the Occupation Certificate being issued, an accurate 1:1 electronic CAD model of the completed development must be submitted to Council for the electronic Visualisation City Model.

(b)        The data required to be submitted within the surveyed location must include and identify:

(i)             building design above and below ground in accordance with the development consent;

(ii)            all underground services and utilities, underground structures and basements, known archaeological structures and artefacts;

(iii)          two points on the site boundary (current) clearly marked to show their Northing and Easting MGA (Map Grid of Australia) coordinates, which must be based on Established Marks registered in the Department of Lands and Property Information’s SCIMS Database with a Horizontal Position Equal to or better than Class C.

The data is to be submitted as a DGN or DWG file. All modelling is to be referenced to the Map Grid of Australia (MGA) spatially located in the Initial Data Extraction file.

(c)        The electronic model must be constructed in accordance with the City’s 3D CAD electronic model specification. The specification is available online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements Council’s Modelling staff should be consulted prior to creation of the model. The data is to comply with all of the conditions of the Development Consent.

(Remaining conditions to be renumbered accordingly)

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the imposition of conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report.

(B)       The proposal generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.

(C)       The proposal exhibits design excellence in accordance with the relevant provisions and matters for consideration in Section 6.21C of the Sydney Local Environmental Plan 2012.

(D)       The proposed development has a height, scale and form suitable for the site and the emerging context of the Southern Enterprise Area and Alexandria.

(E)       The proposed mix of compatible land uses will support the vitality of the wider area and do not result in any significant adverse environmental or amenity impacts on the subject site or surrounding properties.

(F)       The proposal will support substantial employment floor space within a location identified for this purpose. The ground floor retail tenancies along Doody Street will provide amenity to the community and activate the street.

(G)      The proposal will make a significant contribution to the public domain through the public domain works and land dedication of the eastern boundary through-site link and the Liveable Green Network, in accordance with the Sydney Development Control Plan (SDCP 2012) requirements.

(H)       The proposal is Integrated Development under the Water Management Act 2000, requiring approval from WaterNSW. General Terms of Approval were received from WaterNSW on 17 June 2024.

(I)         The public interest is served by the development, as amendments to the development application have addressed the matters raised by the City. Conditions of consent are recommended to manage potential environmental impacts associated with the development.

(J)        Conditions 99 and 100 were added to specify additional conditions relating to the physical and electronic models.

Carried unanimously.

D/2024/238