After hearing from all registered speakers, the Chair adjourned the Panel meeting at 5.52pm to further consider Item 3.
The Chair reconvened the Panel meeting at 5.59pm.
The Panel resolved to:
(A) Refuse
Development Application No. D/2017/1701 for the following reasons, subject to
amendment to reason (i) shown in bold italics below:
(i)
The proposed increase from 60 to 248 patrons,
the introduction of a restaurant in addition to an enlarged café, and the
extended hours for both is an intensification of traffic, parking demand and
noise which is not supported.
(ii)
The proposal is inconsistent with Clause
1.2(2)(g) and (h) (Aims of Plan) of the Sydney Local Environmental Plan 2012
which aims to ensure that the pattern of land use and density in the City of
Sydney reflects the existing and future capacity of the transport network and
facilitates walking, cycling and the use of public transport and to enhance the
amenity and quality of life of local communities. The proposal is not
compatible with the existing and future capacity of the transport network and
will detract from the amenity of residents within the adjoining R1 General
Residential zone.
(iii) The
proposal is inconsistent with the objectives of Section 3.11 (Transport and
Parking) of the Sydney Development Control Plan 2012 as the proposal does not
ensure that the demand for transport generated by the development is managed in
a sustainable manner.
(iv) The
proposal is inconsistent with the objectives of Section 3.15 (Late Night
Trading Premises) of the Sydney Development Control Plan 2012 as the premises
is not an appropriate location for a premises with a total capacity of 248
patrons and, it will have adverse impacts on the amenity of the adjoining
residential uses.
(v) The
proposal is contrary to the provisions of Section 4.15(1)(c) of the
Environmental Planning and Assessment Act, 1979, relating to the suitability of
the site for the development.
(vi) The
proposal is contrary to the provisions of Section 4.15(1)(e) of the
Environmental Planning and Assessment Act, 1979, relating to the public
interest.
The Panel amended reason for refusal (i) to to make
it clear that the impact of the proposal on parking demand in the local area is
a key reason for refusal.
Carried unanimously.
D/2017/1701
Speakers
The following people addressed the meeting of the
Local Planning Panel on Item 3 – Nathan Fisher (resident), Palvinder Singh
(resident), Janet Simpson (resident), Margaret McCluskey (resident), and Peter
Hanna (applicant).