Development Application - 420 & 422-424 Kent Street and 275 & 277 Clarence Street, Sydney

14/11/2019 - Development Application: 420 & 422-424 Kent Street and 275 & 277 Clarence Street, Sydney - D/2018/1577

Moved by the Chair (the Lord Mayor), seconded by Councillor Thalis –

In noting the Information Relevant to Item 6 - Development Application: 420 & 422-424 Kent Street and 275 & 277 Clarence Street, Sydney - D/2018/1577 – contained within the memorandum dated 8 November 2019 from the Director City Planning, Development and Transport, circulated prior to the meeting of the Central Sydney Planning Committee, it is resolved that:

(A)        the requirement of Section 51N of the City of Sydney Act 1988 to consult with the Central Sydney Traffic and Transport Committee not apply in this instance as the proposal does not require, or that might reasonably be expected to require, the carrying out of road works or traffic control works that are likely to have a significant impact on traffic and transport in the Sydney CBD;

(B)        the requirement under Clause 6.21 of the Sydney Local Environmental Plan 2012 requiring a competitive design process is unreasonable or unnecessary in the circumstances;

(C)       the requirement under Clause 7.20 of the Sydney Local Environmental Plan 2012 requiring the preparation of a development control plan is unreasonable or unnecessary in the circumstances; and

(D)       consent be granted to Development Application No. D/2018/1577 subject to the conditions set out in Attachment A to the subject report to the Central Sydney Planning Committee on 24 October 2019, and subject to the following amendment (with additional text shown in bold italics and deleted text shown in strikethrough):

(9) USE – SEPARATE DA REQUIRED GENESIAN THEATRE

(a)        No consent is granted or implied for the fit out or specific use of each of the individual retail tenancies of the development.

(b)        No consent is granted or implied for the specific use of the Genesian Theatre as an adaptive performance space and food service venue.

(c)         A development consent or Complying Development Certificate (as appropriate) is required to be obtained for the fit out and use of each retail tenancy, including use of the Genesian Theatre building, prior to that fit out or use commencing.

(a) The area of the existing Church as shown on drawing number DA 2002, Revision 13 – General Arrangement Plan – Lower Ground – Kent Street is to be used for the purpose nominated on the plan, being an Adaptable Performance Space and Food Service Venue run by the New Hotel Proprietor, and for no other use without further development consent.

(b) Notwithstanding (a) above, a separate application must be obtained for the fit out and use of the retail tenancy, including use of the Genesian Theatre Space as an Adaptable Performance Space and Food Service Venue.

Carried unanimously.

D/2018/1577