Decision details

The Panel refused consent for Development Application Number D/2025/90.

Reasons for Decision

The application was refused for the following reasons:

(A)      The development fails to provide adequate communal open space and is inconsistent with Objective 3D-1 of the NSW Apartment Design Guide and Section 4.2.3.8 of the Sydney DCP 2012. The proposed reduction in size of the communal room provided in lieu of the minimum communal open space fails to provide adequate amenity for future residents of the development. 

(B)      The proposal fails to demonstrate design excellence pursuant to the provisions of Clause 6.21C(2)(d)(vii) of the Sydney LEP as it will result in unacceptable environmental impact by reducing residential amenity for future residents. 

(C)      The proposal fails to satisfy Clause 29 of the Environmental Planning and Assessment Regulation 2021 as the amending development application is not accompanied by a statement by a qualified designer detailing how the development addresses the design principles for residential apartment development and the objectives in Parts 3 and 4 of the Apartment Design Guide.

(D)      The proposal fails to meet the requirements of State Environmental Planning Policy (Sustainable Buildings) 2022 as a BASIX certificate has not been submitted for the amending development application. Development consent must, therefore, not be granted, pursuant to Clause 2.1(5) of the SEPP, as the consent authority cannot be satisfied the embodied emissions attributable to the development have been quantified.

Carried unanimously.

D/2025/90