The Panel granted consent to Development Application No. D/2019/822
subject to the conditions set out in Attachment A to the subject report,
subject to the following amendment (additions shown in bold italics):
(14) FLOOR TO CEILING HEIGHT
Prior to a Construction Certificate being issued, the Principal
Certifier must ensure that all living rooms and bedrooms in sole occupancy
units must have a minimum finished floor to ceiling height of not less than 2.7
metres. This does not apply to the first floor room in the new building facing
Maze Lane or the second floor attic space of the existing building.
Reasons for Decision
The application was approved for the following reasons:
(A)
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 Motorcycle Parking development
standard is unreasonable or unnecessary and that there are sufficient planning
grounds to justify contravening Clause 30(1)(h) of the SEPP - Affordable Rental
Housing 2009; and
(B)
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
(C) the proposal is in the public interest because it is
consistent with the objectives of the R1 - General Residential zone and the
motorcycle parking and height of buildings development standards.
(D) the proposal is considered appropriate within its setting
and is generally compliant with the relevant planning controls contained in the
Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.
(E)
the proposed use is
compatible with the predominant residential nature of the area and it is
considered that the use will not result in unreasonable impacts to nearby
residential properties, subject to the attached conditions.
(F)
Condition 14 was amended to exclude the first floor room in the new building facing Maze Lane and the
second floor attic space of the existing building as these rooms are not able
to meet this requirement.
Carried unanimously.
Speakers
Lee Kosnetter (on behalf of the applicant) and Xen
Coudounaris (applicant).
D/2019/822