Moved by the Chair (the Lord Mayor), seconded by Councillor
Scully -
It is resolved that consent be refused for Section 4.55 Application number D/2016/989/B for the following reasons:
(A)
The proposed amendment results in a development
which is not substantially the same as that which was originally approved. As
such, the development does not comply with section 4.55(2)(a) of the Environmental
Planning and Assessment Act 1979.
(B)
The proposed amendment will adversely impact on
Sydney Park. The proposed change to the height of the buildings and the
decrease in setbacks from the boundaries means that the development will be
more visible from the Park and cause additional overshadowing. This is not in
the public interest. As such, the development does not comply with section
4.55(3) and 4.15(1)(e) of the Environmental Planning and Assessment Act
1979.
(C)
The loss of trees within Sydney Park is contrary
to aims of the State Environmental Planning Policy (Vegetation in Non-Rural
Areas) 2017, and section 3.5.1 of the Sydney Development Control Plan
2012. It is also prohibited under
sections 35, 36G and 36L of the Local Government Act 1993 and Sydney Park Plan
of Management.
(D)
The proposed increase in height means that the
development further exceeds the permitted 18 metre height limit across the
site. This height is not appropriate for the site or the surrounding context,
and therefore fails to meet objective (a) under clause 4.3 of the Sydney Local
Environmental Plan 2012.
(E)
The proposed setbacks to the southern and
western boundaries do not meet the minimum separation and setback requirements
under parts 2F and 3F of the Apartment Design Guide. Further, the internal
separation distances between the eastern end of the Parkside buildings, and the
Euston Road buildings, do not meet the requirements under parts 2F and 3F of
the Apartment Design Guide.
(F)
The modification cannot be considered to
demonstrate good design, as per the Design Quality Principles in Schedule 1 of
the State Environmental Planning Policy No 65 – Design Quality of Residential
Apartment Development. The modified development does not respond appropriately
to its context. The built form and scale of the modified development will cause
adverse impacts on Sydney Park and it will result in sub-optimal residential
amenity.
(G)
The modification does not demonstrate design
excellence as per clause 6.21 of the Sydney Local Environmental Plan. The
modified envelopes will result in a building that is over the permitted height
control, is too close to Sydney Park boundaries and does not meet the minimum
required separation distances as established by the Apartment Design Guide. The
proposal will impact on trees located in Sydney Park and will be more perceptible
for users of Sydney Park.
Carried unanimously.
D/2016/989/B
Speakers
Ms Penny Fuller (Sylvester Fuller) – on behalf of
the applicant, and Ms Clare Swan (Ethos Urban) – on behalf of the applicant,
addressed the meeting of the Central Sydney Planning Committee on Item 13.