The Panel granted consent to Development
Application No.
(3)
DESIGN MODIFICATIONS
The design of the building must be modified as
follows:
(a)
The skylight to the
ground floor rear wing should be relocated to be closer to the northern
boundary to allow for greater solar access to the communal indoor area;
(b)
The platform
stair lift is to be relocated to the southern
side of the entry stairs;
(c)
The dryer(s)
in the communal indoor area must be externally ducted
to allow the laundry doors to
be closed while in use; and
(d)
Each boarding house room/unit
is to provide a minimum kitchenette size of 2sqm including a small fridge,
cupboards, shelves and a microwave, and a minimum size of 1.5sqm for wardrobes.
(e)
The roof space is to be
detailed to achieve acoustic and fire separation from adjoining dwellings.
The modifications are to be submitted to and approved
by Council’s Area Planning
Manager prior to the issue of a Construction
Certificate.
The application was approved for the
following reasons:
(A)
Subject
to conditions, the proposal generally complies with the following provisions of
the State Environmental Planning Policy (Affordable Rental Housing) 2009
(SEPP AH):
(i)
Clause
29 2(a) - Building height
(ii)
Clause
29 2(b) - Landscaped area
(iii)
Clause
29 2(f) - Accommodation Size
(iv)
Clause
30A - Character of the Local Area.
(B)
The
proposal is generally consistent with the relevant objectives and controls of Sydney Local Environmental Plan 2012 (LEP) and Sydney Development Control Plan 2012 (DCP).
(C)
Based
upon the material available to the Panel at the time of determining this
application, the Panel is satisfied that:
(i)
the
applicant’s written request has adequately addressed the matters in Clause
4.6(3) of the Sydney LEP 2012, that compliance with the motorcycle parking
development standard is unreasonable or unnecessary in the circumstances of
this case and that there are sufficient planning grounds to justify
contravening clause 30(1)(h) of the SEPP AH; and
(ii)
the
proposal is in the public interest because it is consistent with the objectives
of the B2 Local Centre zone and the objectives of the SEPP AH.
(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.
Through restoration works, the proposal improves the presentation of the facade
of the contributory terrace building.
(E)
The
application has demonstrated the proposal will not result in unacceptable
amenity impacts on surrounding properties.
(F)
The
proposed boarding house will have acceptable amenity impacts to future
occupants.
(G)
The
proposal provides for a use that is compatible with the surrounding area and
will regularise an unauthorised use. The proposal is in keeping with the future
desired character of the area and is considered to be in the public interest.
(H)
Condition
3 was amended to ensure fire and acoustic separation in the attic area across
the building.
Carried unanimously.
D/2020/18
Speakers
Mr Giovanni Cirillo (Planning Lab) – on behalf of the
applicant, and Mr Mark Shapiro (Mark Shapiro Architects) – on behalf of the
applicant.