Moved by the Chair (the Lord Mayor), seconded by Mr Persson –
It is resolved that consent be granted to Section 4.55
Application No. D/2019/758/A subject to the amendment of the following
conditions (with additions shown in bold italics and deletions shown in strikethrough):
(2) APPROVED DEVELOPMENT
(a)
Development must be in
accordance with Development Application No. D/2019/758 dated 16 July 2019, as
amended, and the following drawings prepared by Candalepas Associates:
|
Drawing Number |
Issue |
Drawing Name |
Date |
|
|
B |
Building
Envelope – Plan |
|
|
|
B |
Building
Envelope – East Elevation |
|
|
|
B |
Building
Envelope – West Elevation |
|
|
|
B |
Building
Envelope – North Elevation |
|
|
|
B |
Building Envelope
– South Elevation |
|
|
|
B |
Building
Envelope – Axonometrics |
|
|
2102 |
B |
Indicative
Scheme – Basement 1 |
12.03.2020 |
|
2103 |
B |
Indicative
Scheme Lower Ground Floor |
12.03.2020 |
and as amended by the conditions of this consent.
(b)
Drawing numbers 2101 and
2103 referenced in (a) above are only approved in terms of the location of the
driveway and breakthrough panel through to the basement of 505-523 George
Street. No other details on these drawings are approved under this consent.
(c)
In the event of any
inconsistency between the approved plans and supplementary documentation, the
plans will prevail.
(Condition amended – D/2019/758/A – 11 May 2023)
(4) ENVELOPE HEIGHT
The
height of the approved envelope must not exceed RL 169.12 172.51 (AHD).
(Condition
amended – D/2019/758/A – 11 May 2023)
(a)
The Floor Space Ratio for all
detailed development applications on the site must not exceed the maximum
permissible be calculated in accordance with the relevant
clauses of the Sydney
Local Environmental Plan 2012.
(b)
Notwithstanding (a) above, the proposal may be eligible
for up to 10% additional floor space pursuant to the provisions of Clause
6.21(7) of the Sydney Local Environmental Plan 2012 if the consent authority is satisfied that the resulting detailed design
development application exhibits design excellence and is the result of a
competitive design process.
(c)
Precise calculations and
details of the distribution of floor space must be provided with any subsequent
detailed design development application.
(d)
Any floor space ratio in
excess of 8:1 shall be subject to a requirement to purchase heritage floor
space (HFS) in accordance with the requirements of Clause 6.11 of the Sydney
Local Environmental Plan 2012.
(Condition amended – D/2019/758/A – 11 May 2023)
SCHEDULE 1B - GOVERNMENT AGENCY CONDITIONS
(33) SYDNEY AIRPORT CORPORATION LIMITED / DEPARTMENT OF INFRASTRUCTURE, TRANSPORT, CITIES AND REGIONAL DEVELOPMENT
(a)
The building must not
exceed a maximum height of 167.4 metres 175.6 metres AHD,
this includes all lift over-runs, vents, chimneys, aerials, antennas, lightning
rods, any roof top garden plantings, exhaust flues etc.
(b)
Separate approval must
be sought under the Regulations for any equipment (i.e. cranes) required to
construct the building. Construction cranes may be required to operate at a
height significantly higher than that of the proposed controlled activity and
consequently, may not be approved under the Regulations. Therefore, it is
advisable that approval to operate construction equipment (i.e. cranes) be
obtained prior to any commitment to construct.
(c)
The Proponent must advice
advise Airservices Australia at least three business days prior
to the controlled activity commencing by emailing ifp@airservicesaustralia.com
and quoting YSSY-CA-216.
(d)
On completion of
construction of the building, the Proponent must provide the airfield design
manager SACL with a written report from certified surveyor on
the finished height of the building.
(e)
A separate assessment
and approval under the Regulations will be required for any further addition to
the height of the building (including the installation of antennas) as it will
increase the penetration of the OLS.
(f)
Breaches of approval
conditions are subject to significant penalties under Sections 185 and 187 of
the Act.
(Condition amended – D/2019/758/A – 11 May 2023)
The application was approved for the following reasons:
(A) The development, as modified, is substantially the same development as that originally approved and is consistent with Section 4.55(2)(a) of the Environmental Planning and Assessment Act, 1979.
(B) The proposed modifications ensure that the detailed design development application is consistent with the concept approval, in order to satisfy Section 4.24 of the Environmental Planning and Assessment Act, 1979.
(C) The proposed modifications are consistent with and are considered acceptable having regard to the reasons given for the original approval in accordance with Section 4.55(3) of the Environmental Planning and Assessment Act, 1979.
(D) The proposal is consistent with the aims, objectives and relevant provisions of the Sydney Local Environmental Plan 2012 (SLEP 2012) and Sydney Development Control Plan 2012 (SDCP 2012) for the reasons set out in the report.
(E) The modified building envelopes can accommodate a building design which is capable of exhibiting design excellence in accordance with Clause 6.21C of the SLEP 2012.
(F) The increased height and bulk of the building envelopes are in keeping with the desired future character of the area. These variations are reasonable and justified with regard to the concurrent detailed design development application D/2022/481.
(G) The changes to the approved building envelopes are appropriate and are not likely to significantly impact the overall use of the building or the amenity of surrounding sites or locality.
(H) The development as modified is in the public interest.
Carried unanimously.
D/2019/758/A