The Panel granted consent to Development Application
No. D/2019/726 subject to the conditions set out in Attachment A to
the subject report, subject to the following amendments (additions shown in bold
italics, deletions shown in strikethrough):
(9) CONSTRUCTION
PEDESTRIAN AND TRAFFIC MANAGEMENT PLAN
A Construction Pedestrian
Traffic Management Plan (CPTMP) must be submitted to and approved by Council’s assessing officers prior to any Construction
Certificate being issued. Prior to being submitted to
Council, written confirmation must be provided that
the CPTMP has been submitted to and approved by the Light Rail Operator in
consultation with Transport for NSW.
The CPTMP needs to specify
matters including, but not limited to, the following:
(a)
Location of any proposed work zone(s);
(b)
Haulage route(s);
(c)
Construction vehicle access arrangements;
(d)
Proposed construction hours;
(e)
Predicted number of construction vehicle
movements and detail of vehicle types, noting that vehicle movements are to be
minimised during peak periods;
(f)
Construction program and construction
methodology;
(g)
Any potential impacts to general traffic,
cyclists, pedestrians and light rail and bus services within the vicinity of
the site from construction vehicles during the construction of the proposed
works;
(h)
Cumulative construction impacts
of projects including Sydney Light Rail Project. Existing CPTMPs for
developments within or around the development site should be referenced in the
CPTMP to ensure that coordination of work activities are managed to minimise
impacts on the CBD road network; and
(i)
Proposed mitigation measures. Should
any impacts be identified, the duration of the impacts and measures
proposed to mitigate any associated general traffic, public transport,
pedestrian and cyclist impacts should be clearly identified and included in the
CPTMP.
(j)
Access to the Gateway Apartments building is
to be maintained throughout the construction period.
The
applicant shall submit a copy of the final plan to the Accredited Certifier
(PCA).
(32) NO
FOOD PREPARATION (PRE-PACKAGED FOODS ONLY)
This
approval does not include the preparation and processing of food at the premises, and relates
only to the sale of food sold and served in the supplier’s original package.
The application was approved
for the following reasons:
(A)
The proposal is consistent with the aims and
objectives of Clause 3 of State Environmental Planning Policy 64 and with the
provisions of the State Environmental Planning Policy (Infrastructure) 2007;
(B)
The proposal complies with the relevant
provisions of the Sydney Local Environmental Plan 2012 with regard to the aims
of the Plan and in relation to the objectives of the B3 Commercial Core zone
and the B4 Mixed Use zone;
(C)
Having considered the matters in Clause 6.21(4)
of the Sydney Local Environmental Plan 2012 and subject to recommended
conditions of consent, the proposal is considered to display design excellence;
(D)
The proposal is considered to be acceptable with
regard to the relevant provisions of the Sydney Development Control Plan 2012
in relation to public domain, commercial premises and transport; and
(E)
Suitable conditions of consent are recommended and the development is considered to be in
the public interest.
(F)
Condition 9 was amended
to ensure access for Gateway Apartments residents will be protected during the
construction period.
(G)
Condition 32 has been deleted
as the application has been amended to include the installation of mechanical
ventilation to service the ground level food and drink premises (café).
Carried unanimously.
D/2019/726
Speakers
Mr David Baxter (solicitor on the behalf of
residents of the Gateway Apartments), Mr Paul Lemmerman
(resident), Mr Scott Gibbons (resident), Ms Danielle Blakely (Urbis – on behalf
of the applicant) and Mr Steve Owen (PTC – on behalf of the applicant).