The Panel granted consent to Development Application No. D/2019/823
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 condition 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.
D/2019/823