It is resolved that:
the Central Sydney Planning Committee support
the variation sought to the development standard under Clause 4.3 Height of
Buildings in accordance with Clause 4.6 ‘Exceptions to development standards’
in Sydney Local Environmental Plan 2012; and
consent be granted to Development Application
No. D/2019/393 subject to the conditions detailed at Attachment A to
the subject report, subject to the following amendment (additions shown in bold
(3) DESIGN MODIFICATIONS - COMMUNAL
OPEN SPACE AND ADJOINING APARTMENTS
The design of the communal
open space and apartments A3.19 and A3.20 must be modified as follows:
The western external wall of unit A3.20 and
private open space, and the external door accessing the rooftop communal open
space is to be relocated east to align with the external wall of unit A3.19,
and the internal layout is to be reconfigured as a two bedroom unit. The west
facing glazing of unit A3.20 is to be high level and provided with a privacy
The private open space of unit A3.19 is to be
relocated to the south of the unit. Glazing in the western external wall is to
be fitted with an operable privacy screen. Details of the design of the privacy
screen are to be provided at 1:20.
A minimum 1m wide landscaped planter is to be
provided along the eastern edge of the rooftop common open space to provide
privacy for apartments A3.19 and A3.20.
modifications are to be submitted to and approved by Council’s Area Coordinator
Planning Assessments/Area Planning Manager prior to the issue of any Stage 2
areas of deep soil, each with a minimum volume of 35m3, are to be
provided within the central courtyard to accommodate trees with a minimum
mature tree canopy width of 8m. The deep soil areas and tree pits are to be
unencumbered by services, structure, and the like. This will result in the
reduction of carparking spaces below, but will not adversely affect the
carparking circulation, provision of waste facilities, and bike storage. The
carpark, tree pits, soil profile, drainage and species are to be designed in
conjunction with the amended landscape plans required under Condition 20 and
the allocation of carparking required under Condition 30, to the satisfaction
of Council’s Director City Planning, Development and Transport, prior to the
issue of any Stage 2 Construction Certificate.
The application was approved for the following
development is permissible in the B2 – Local Centre zone and consistent with
the zone objectives.
Based upon the material available to the
Committee at the time of determining this application, the Committee is
the applicant’s written request has adequately
addressed the matters required to be demonstrated by clause 4.6(3) of the
Sydney LEP 2012, that compliance with the height of buildings development
standard is unreasonable or unnecessary and that there are sufficient planning
grounds to justify contravening clause 4.3 of the Sydney LEP 2012, and
the proposal is in the public interest because
it is consistent with the objectives of the B2 - Local Centre zone and the
height of buildings development standard.
The development achieves a high standard of
architectural design, materials and detailing, with particular attention to the
materials and provision of landscaping that will contribute positively to the
public domain. The development achieves the principles of ecologically
sustainable development and has an acceptable environmental impact with regard
to the amenity of the surrounding area and future occupants. The development
therefore exhibits design excellence in accordance with Clause 6.21 of the
Sydney Local Environmental Plan 2012 and consent may be granted.
The development is consistent with the concept
approval granted under D/2015/966/C and the VPA for public domain works.
Subject to conditions, construction impacts can
be managed to mitigate impacts on the amenity of neighbouring properties.
For the reasons above, the development is in the
Condition 3 was amended to ensure the provision
of deep soil areas within the central courtyard.