Development Application: 2-12 Carrington St, Sydney - D/2020/959

03/02/2021 - Development Application: 2-12 Carrington St, Sydney - D/2020/959

The Panel granted consent to Development Application No. D/2020/959 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough:

(2) STAGED OCCUPATION

The occupation of the development may be carried out in stages, with the relevant conditions being satisfied prior to the issue of an Occupation Certificate where specified in the conditions of consent for each stage as detailed below:

(3) Stage

(4) Occupation Certificate Area

(5) Stage 1

(6) Ground Floor

(7) Stage 2

(8) Levels 09 and 10

(9) (3) INDOOR HOURS OF OPERATION – SENSITIVE USES

(Remaining conditions to be renumbered accordingly)

(10)     OUTDOOR HOURS OF OPERATION - SENSITIVE USES

The outdoor hours of operation are regulated as follows:

(a)     The outdoor hours of operation must be restricted to between 10.00am and 10.00pm Monday to Sunday.

(b)     Notwithstanding (a) above, the use may operate (outdoors) between 9.00am and 12.00am (midnight) for a trial period of 12 months from the date of issue of the first Occupation Certificate. Council’s Health and Building Unit is to be informed in writing of the date of commencement of the trial hours. Email notification is to be sent to liquor@cityofsydney.nsw.gov.au

(c)     A further application may be lodged to continue the operating hours outlined in (b) above not less than 30 days before the end of the trial period. Council’s consideration of a proposed continuation and/or extension of the hours permitted by the trial will be based on, among other things, the performance of the operator in relation to the compliance with development consent conditions, any substantiated complaints received and any views expressed by the Police.

(13) AWNING DESIGN

(a) The outer edges of the proposed retractable awnings must be set back from the inner face of the heritage parapet by no less than 2m. This does not apply to the pleated shadings.

(16) PLAN OF MANAGEMENT

The use must always be operated / managed in accordance with the Plan of Management V02, prepared by Michael Rowe The Point Group and dated December 2020 that has bene 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 must include:

(a)    the provision of a means of directly contacting management and security, for the use of nearby residents, with which to lodge noise complaints;

(b)   a mechanism for the monitoring and reviewing of complaints, to also be made available to Council; and

(c)   quarterly meetings of venue operators and representatives of residents of 2 York Street, Sydney.

The amended Plan of Management is to be submitted to Council for approval prior to the issue of an Occupation Certificate.

A show of hands on the motion resulted in an equality of voting as follows –

Ayes (2)          The Chair (Mr Layman) and Mr McInerney

Noes (2)          Prof Lochhead and Mr Caro

The Chair (My Layman) exercised his casting vote in favour of the motion.

Motion carried.

At the conclusion of Item 5 the Chair raised that there may have been confusion regarding the amendment to Condition 10, and the Panel voted unanimously to recommit Item 3 with the following amendment:

(10)     OUTDOOR HOURS OF OPERATION - SENSITIVE USES

The outdoor hours of operation are regulated as follows:

(a)     The outdoor hours of operation must be restricted to between 10.00am and 10.00pm Monday to Sunday.

(b)     Notwithstanding (a) above, the use of Level 10 may operate (outdoors) between 9.00am and 12.00am (midnight) for a trial period of 12 months from the date of issue of the first Occupation Certificate. Council’s Health and Building Unit is to be informed in writing of the date of commencement of the trial hours. Email notification is to be sent to liquor@cityofsydney.nsw.gov.au

(c)     A further application may be lodged to continue the operating hours outlined in (b) above not less than 30 days before the end of the trial period. Council’s consideration of a proposed continuation and/or extension of the hours permitted by the trial will be based on, among other things, the performance of the operator in relation to the compliance with development consent conditions, any substantiated complaints received and any views expressed by the Police.

Amended motion carried unanimously.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with the objectives of the B8 Metropolitan Centre zone contained within the Sydney Local Environmental Plan 2012.

(B)        The proposal is consistent with the objective of conserving the heritage significance of the subject locally listed heritage item and demonstrates design excellence in accordance with Clause 5.10 and Clause 6.21 of the Sydney Local Environmental Plan 2012

(C)       Subject to conditions, the development is consistent with the objectives of the Sydney Development Control Plan 2012, in particular the Late Night Management area objectives.

(D)       Issues raised in submissions have been considered and where appropriate have been addressed in the amended Acoustic Assessment and the conditions of consent.

(E)        Condition 13 was amended to clarify that the 2m setback is not required for the pleated shading.

(F)        Condition 16 was amended to address noise concerns of nearby residents.

(G)       Minor formatting and typographical errors were corrected with amendments to Conditions 2, 3, 13 and 16.

(H)       Condition 10 was recommitted to clarify that outdoor dining on Level 9 is restricted to the base hours, whereas Level 10 may operate until midnight for the trial period as specified. Condition 10 was amended to restrict the outdoor operation of Level 9 to the base hours in response to concerns from nearby residents.

D/2020/959

Speakers

Ms Angela Vithoulkas (resident), Mr Andrew Mutton (resident), Mr S Bruce Dowton (resident), Ms Jan McClelland AM (resident), Mr John Farrow (Strata Chair), Mr Michael Rowe (Ethos Urban) – on behalf of the applicant, Mr Brett Robinson (The Point Group) – on behalf of the applicant, and Mr George Wei (Acoustic Logic) – on behalf of the applicant.