Decision details

It is resolved that consent be refused for Development Application No. RD/2017/1426/A for the following reasons:

(A)      The proposal is not substantially the same development as required by section 8.3(3) of the Environmental Planning and Assessment Act 1979.

(B)      The proposal is contrary to SEPP 65, the Apartment Design Guide (ADG), the Sydney Local Environment Plan 2012 (SLEP 2012) and the Sydney Development Control Plan 2012 (SDCP 2012), as:

(i)         only three units (60%) will receive the required amount of solar access in mid-winter;

(ii)        one unit (20%) will not receive any solar access in mid-winter;

(iii)      one unit is not provided a private open space area and one unit is provided an undersized private open space area;

(iv)      the development provides undersized communal open space;

(v)       the development will result in adverse visual and acoustic privacy impacts; and

(vi)      the development provides inadequate floor to floor heights.

(C)      The proposal is contrary to SEPP 65, the ADG, the SLEP 2012 and the SDCP 2012, due to the proposed built form and inadequate separation which will significantly impact on the amenity of the neighbouring properties to the south and west, including:

(i)         overlooking;

(ii)        overshadowing impacts in mid-winter; and

(iii)      adverse noise impacts.

(D)      The proposed development by way of its non-compliance with the amenity and built form provisions of the ADG, SLEP 2012 and SDCP 2012 and its general design quality does not achieve design excellence as required by Clause 6.21 of the SLEP 2012.

(E)      The proposed development is inconsistent with the City of Sydney Code for Waste Minimisation in New Developments 2005 as a waste storage area is not located within 10m of the waste collection point.

(F)      The submitted Remediation Action Plan has not demonstrated that the site can be made suitable for the proposed use contrary to State Environmental Planning Policy (SEPP) No 55 – Remediation of Land.

(G)      In light of the above, approval of the proposal would not be in the public interest, contrary to section 4.15 of the Environmental Planning and Assessment Act 1979.

Carried unanimously.

RD/2017/1426/A