The Panel:
(A)
upheld the variation sought to the minimum
motorcycle parking spaces required under Clause 30(1)(h) of the State
Environmental Planning Policy (Affordable Rental Housing) 2009 in accordance
with Clause 4.6 Exceptions to Development Standards of Sydney Local
Environmental Plan 2012 in this instance;
(B)
upheld the variation sought to Clause 4.3 Height
of Buildings development standard in accordance with Clause 4.6 Exceptions to
Development Standards of Sydney Local Environmental Plan 2012 in this instance;
and
(C)
granted consent to
Development Application No. D/2019/621 subject to the conditions set out in Attachment A to the subject report, subject to the
following amendments (additions shown in bold italics).
The design of
the building must be modified as follows:
(a)
The design of the metal laser-cut feature screen
and gate to the Mansion Lane lobby is not approved.
Enhanced details of the design,
material, colour and finish of
the screen and gate are to be provided.
(b)
The glass balustrade located behind the planter
on the southern Mansion Lane elevation is to be no higher than 1000mm (or
minimum NCC requirement) to allow for maintenance of the planter.
(c)
The Juliet balcony design that was proposed
in the original submission is to be reinstated for rooms 2, 3, 4, 5 and 6.
The modifications are to
be submitted to and approved by Director City Planning, Development and
Transport prior to the issue of a Construction Certificate.
The Plan of
Management must include the minimum criteria as stipulated in Council’s Sydney Development Control Plan 2012 – 4.4.8.
The use must always
be operated / managed in accordance with the Operational and Security
Plan of Management, dated September 2019 (Ref 2019/497158) that has been approved by Council. In the event of any
inconsistency, the conditions of this consent will prevail over the Plan of Management.
The
Plan of Management is to contemplate separation of control of the properties
and is to be amended accordingly.
The
amended Plan of Management is to be submitted to the Director City Planning,
Development and Transport for approval prior to the issue of a Construction
Certificate.
The application was approved for the following
reasons:
(A)
The proposal is generally consistent with the
relevant objectives and controls of the State Environmental Planning Policy
(Affordable Rental Housing) 2009, Sydney Local Environmental Plan 2012 and
Sydney Development Control Plan 2012.
(B)
Based upon the material available to the Panel
at the time of determining this application, the Panel is satisfied that:
(ii)
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 standard is
unreasonable or unnecessary and that there are sufficient planning grounds to
justify contravening Clause 30(1)(h) of the State Environmental Planning Policy
(Affordable Rental Housing) 2009; and
(iii)
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 building height
development standard is unreasonable or unnecessary and that there are
sufficient planning grounds to justify contravening Clause 4.3 of the Sydney
LEP 2012.
(iv)
the proposal is in the
public interest because it is consistent with the objectives of the B4 Mixed
Use zone and the motorcycle parking development standard and the building
height development standard.
(D)
The proposal exhibits a suitable built form,
design and materiality in the context of the heritage conservation area and is
appropriate within the streetscape.
(E)
The proposal provides an appropriate level of
amenity for future occupants and subject to conditions, will not result in
unreasonable impacts on neighbourhood amenity.
(F)
Condition 2 was amended to include reinstating
Juliet balconies to improve amenity.
(G)
Condition 5 was amended to contemplate
separation of the control of the properties in the Plan of Management.
Carried unanimously.
D/2019/621
Speakers
Ms Kerry Rossborough, Mr Joseph
van der Gouw, Ms Alex Cameron, Mr Ian Armstrong (on
behalf of the applicant), Mr Jason Percia (on behalf
of the applicant), Ms Georgia McIntosh (Applicant), and Mr Lodi
VanEeghen (on
behalf of the applicant).