Development Application: 306-308 Cleveland Street Surry Hills
17/07/2019 - Development Application: 306, 308, 310 and 312 Cleveland Street, Surry Hills - D/2019/149
Mr Kennedy left the meeting at 6.40pm, prior to
discussion on Item 6 and returned to the meeting at 7.19pm, at the conclusion
of discussion and voting on Item 6.
The Panel refused consent for Development Application
No. D/2019/149 for the following reasons:
(A)
The entrance to the site is located less than 75
metres to the entrance to an existing brothel at 278-284 Cleveland Street and
is located adjacent to and opposite residential premises and a residential zone.
Intensification and expansion of the premises will have an adverse impact on
the streetscape, character and amenity of the surrounding area and is contrary
to the following planning provisions:
Sydney Local Environmental Plan 2012
(i)
Clause 1.2(2)(h) - to enhance the amenity and
quality of life of local communities
(ii)
Clause 2.3(2) - B4 Mixed Use zone - To provide a
mixture of compatible land uses and to ensure uses support the viability of
centres
(iii)
Clause 7.21 - Location of sex services premises
Sydney Development Control Plan 2012
(iv)
Section 2.13.1 - Cleveland Street locality
statement
(v)
Section 4.2.9 - Non-residential land uses in the
B4 - Mixed Use zone
(vi)
Section 4.4.6.1 - proximity to residential
premises and existing sex services premises
(B)
The internal layout and revised Plan of
Management inadequately address the following matters:
·
The maximum patron capacity of each room and the
premises.
·
How access will be managed from Goodlet Lane.
·
The provision of a sufficient break-out area for
staff.
The development is therefore likely to adversely impact the
character and amenity of the surrounding area and provide insufficient
facilities for the safety and security of staff, patrons and the general
public. The development is therefore inconsistent with the following planning
provisions:
Sydney Development
Control Plan 2012
(i)
Section 4.4.6.2 - Access to the premises
(ii)
Section 4.4.6.4 - Health, Safety and Security
(iii)
Section 4.4.6.6 - Plan of Management
(C) The
application fails to demonstrate compliance with relevant planning provisions
regarding accessibility. In particular, the application fails to identify the
number of rooms required with accessible entry and that there is an acceptable
path of travel for guests requiring an accessible entry. The development is
therefore contrary to the following planning provisions:
Sydney Development Control Plan 2012
(i)
Section 3.12.1 - Accessible design
(D) Unauthorised
works have been undertaken to the premises such that it currently appears
dilapidated, adversely impacting on its contribution to the character and
appearance of the Goodlet Street conservation area (C63). The heritage impact
statement submitted during the assessment of the application identifies works
required to rectify these unauthorised works and improve the character and
appearance of the building, however the application does not propose
undertaking these works. The development is therefore contrary to the following
planning provisions:
Sydney Local Environmental Plan 2012
(i)
Clause 1.2(2)(k) - to conserve the environmental
heritage of the City of Sydney
(ii)
Clause 5.10 - Heritage conservation
Sydney Development Control Plan 2012
(iii)
Section 3.9.7 - Contributory buildings
(E)
The application does not include areas for waste
storage and is not accompanied by a demolition, construction and operational
waste management plan. The development is therefore inconsistent with the
following planning provisions:
Sydney Development Control Plan 2012
(i)
Section 3.14 - Waste Management
Guidelines for Waste Management in
New Development 2018