Development Application: 38-44 Mountain Street, Ultimo - D/2020/1288

22/09/2021 - Development Application: 38-44 Mountain Street, Ultimo - D/2020/1288

The Panel:

(A)        upheld the variation requested to clause 4.3 'Height of buildings' in accordance with clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in this instance;

(B)        upheld the variation requested to clause 4.4 'Floor space ratio' in accordance with clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in this instance; and

(C)       granted consent for Development Application No. D/2020/1288 subject to the conditions set out in Attachment A to the subject report, subject to the following amendment (additions shown in bold italics, deletions shown in strikethrough):

(2)     DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)        The ground floor awnings to Mountain Street and Smail Street shop fronts and windows are to be deleted.  The design of the awning to the building lobby entry on Mountain Street is amended to comply with Section 3.2.4 of Sydney DCP 2012.

(b)        The rooftop plantings must be amended to provide sufficient soil volume in line with the Sydney Landscape Code to allow eight small trees to grow to maturity, or sufficient trees to provide 15% canopy cover of the site.

(c)         Tiling finish “T1” is to be replaced with “P1” finish to three of the ground level columns to the Smail Street as marked up on the approved plans.

(d)        Materials and construction details at 1:10 or 1:5 of the level 5 glass meeting room are to be provided.  The construction methodology should include details of mullions (of minimal width and depth) to deliver the ‘weightless’ visual effect.

The modifications are to be submitted to and approved by Council’s Area Coordinator Planning Assessments / Area Planning Manager prior to the issue of a Construction Certificate.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with the objectives of the B4 Mixed Use Zone.

(B)        The proposal satisfies the design excellence provisions of clause 6.21 of Sydney Local Environmental Plan 2012.

(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 required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the height of buildings development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.3 of the Sydney LEP 2012;

(ii)         the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use Zone and the height of buildings development standard; and

(iii)        the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the floor space ratio development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.4 of the Sydney LEP 2012.

(iv)       the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use Zone and the floor space ratio development standard.

(D)       Condition 2(c) was deleted in line with a request made by the applicant, in order to retain the more robust tiling finish on the columns.

Carried unanimously.

D/2020/1288

Speakers

Ben Tesoriero and Pattie Bai – on behalf of the applicant.