The Panel refused Development Application No.
D/2019/1135 for the following reasons:
(A)
The proposal is inconsistent with the aims of
the Plan under Clause 1.2(h) of the Sydney LEP 2012 to enhance the amenity and
quality of life of local communities.
(B)
The proposal is inconsistent with the objectives
of the B4 Mixed Use zone of the Sydney LEP 2012 as a restricted premises is not compatible with the residential uses within
the building and on adjoining properties.
(C)
The proposal relies on unauthorised works that
have been carried out to the premises, and these works do not exhibit design
excellence and detract from the significance of the heritage item which is
inconsistent with Clause 6.21 (Design Excellence) and Clause 5.10 (Heritage
conservation) of the Sydney LEP 2012 and Section 3.9 (Heritage) of the Sydney
DCP 2012.
(D)
The application seeks to use the premises as a
restricted premises in conjunction with the existing bar and restaurant.
Unauthorised works have been carried out to the
premises including the removal of the kitchen and the premises is no longer
defined as a restaurant.
(E)
The proposed use as an adult entertainment
premises is inconsistent with the provisions of Section 4.4.6.1 (Location of
Premises) of the Sydney DCP 2012 due to its proximity to residential uses and
other sex industry premises.
(F)
The proposal provides inadequate staff
facilities and is inconsistent with the provisions of Section 4.4.6.4 (Health,
Safety and Security) of the Sydney DCP 2012.
(G)
The proposed hours of operation are inconsistent
with the trading hours permitted within the Local Centre and inconsistent with
the provisions of Section 3.15 (Late Night Trading Management) of the Sydney
DCP 2012.
(H)
The submitted Plan of Management has not adequately
addressed the provisions of Section 3.15.5 (Plan of Management Requirements)
and Section 4.4.6.6 (Management of Operations) of the Sydney DCP 2012.
(I)
Insufficient information is
provided to demonstrate how equitable access can be provided and the
proposal does not satisfy Section 3.12 (Accessible Design) of the Sydney DCP
2012.
(J)
Insufficient information is provided addressing
the potential social impacts of the proposed use, in
particular to adjoining residential uses, in accordance with Section 3.13 (Social
and Environmental Responsibilities) of the Sydney DCP 2012.
(K)
Insufficient waste storage information is provided and the proposal does not satisfy Section 3.14
(Waste) of the Sydney DCP 2012.
(L)
The site is not suitable for the proposed
development and is inconsistent with Clause 4.15(1)(c)
of the Environmental Planning and Assessment Act 1979.
(M)
The proposal is not in the public interest and
is inconsistent with Clause 4.15(1)(e) of the
Environmental Planning and Assessment Act 1979.
Carried unanimously.
D/2019/1135
Speaker
Mr David Rippingill
(Design Collaborative – on behalf of the applicant).