The Panel:
(A) upheld the written variation requested to Clause 6.16(3)(a) 'Erection of tall buildings in Central Sydney' of the Sydney Local Environmental Plan 2012 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012;
(B) waived, in the specific and particular circumstances of the site and the proposed development, the requirement for the preparation of a site-specific development control plan and the undertaking of a competitive design process in accordance with Clause 7.20 'Development requiring or authorising preparation of a development control plan' and Clause 6.21 'Design excellence' of the Sydney Local Environmental Plan 2012; and
(C) granted consent to Development Application No. D/2019/1277 subject to the conditions set out in Attachment A to the subject report.
The application was approved for the following reasons:
(A) The proposal is generally consistent with the relevant objectives and controls of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.
(B) The proposal is consistent with the objectives of the B8 Metropolitan Centre zone.
(C) The proposal complies with the maximum floor space ratio applicable to the site under the Sydney Local Environmental Plan 2012.
(D) 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 required to be demonstrated by Clause 4.6(3) of the Sydney Local Environmental Plan 2012, that compliance with the development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening Clause 6.16(3)(a) of the Sydney Local Environmental Plan 2012; and
(ii) The proposal is in the public interest because it is consistent with the objectives of the B8 Metropolitan Centre zone and the 'Erection of tall buildings in Central Sydney' development standard.
(E) The proposal exhibits design excellence in accordance with the relevant provisions and matters for consideration in Clause 6.21 of the Sydney Local Environmental Plan 2012.
(F) The proposal has a height and form suitable for the site, satisfactorily addresses the heights and setbacks of neighbouring developments, and is appropriate in the streetscape context and broader locality.
(G) The new building can satisfactorily accommodate the proposed land uses and does not result in any significant adverse environmental or amenity impacts on surrounding properties, the public domain and the broader Sydney Central Business District, subject to the recommended conditions.
(H) The requirement for the preparation of a site-specific development control plan and the undertaking of a competitive design process is unreasonable and unnecessary in the specific and particular circumstances of the site and proposed development, pursuant to Clauses 7.20(3) and 6.21(6) of the Sydney Local Environmental Plan 2012.
(I) The proposal has been granted concurrence by Transport for New South Wales under Clause 86 of the State Environmental Planning Policy (Infrastructure) 2007, subject to conditions which have been adopted in the recommended conditions.
(J) The public interest is served by the approval of the proposal, as amendments to the development application have addressed the matters raised by the City and the community, subject to the recommended conditions relating to facade and awning design details, transport and servicing.
Carried unanimously.
D/2019/1277
Speakers
Mr David Melocco (Melocco and Moore) and Mr Giovanni Cirillo (Planning
Lab) – on behalf of the applicant.