The Panel granted consent to Development Application
No. strikethrough):
The
design of the Foster House component of the building must be modified as
follows:
(a)
Privacy
treatments to the Hands Lane elevation of the building are to be further
incorporated into the design of the building to minimise overlooking impacts to
56-60 Foster Street and 46-54 Foster Street.
(b) The privacy treatments
proposed must be designed having regard for the need to address overlooking
whilst ensuring an adequate level of amenity to the proposed development by way
of providing adequate ventilation, access to daylight and outlook.
The
modifications are to be submitted to and approved by Council’s Area Planning
Manager prior to the issue of any Construction Certificate.
Reason
To
address potential overlooking impacts of the development.
(9)
AFFORDABLE
HOUSING CONTRIBUTION – RESIDUAL LAND OR CENTRAL SYDNEY – PAYMENT IN LIEU OF
FLOOR SPACE CONTRIBUTION – PRIOR TO CONSTRUCTION CERTIFICATE, 17-19 MARY
STREET, SURRY HILLS – STAGE 3B
(a) In accordance with the City of Sydney Affordable Housing Program and prior to the issue of any Construction Certificate relating to stage 3B, the applicant must provide evidence that a monetary contribution towards the provision of affordable housing has been paid to the City of Sydney Council.
(b) The contribution is $381,292.9 (indexed in accordance with (c)). This is calculated by establishing the sum of the equivalent monetary contribution $ 10,611.53 multiplied by 1% of the total floor area for non-residential development (696.7sqm) and the equivalent monetary contribution $10,611.53 multiplied by 3% of the total floor area for residential development (965.5sqm).
(c) If the contribution is paid after the indexation period in which the consent is granted, being March 2023 to February 2024, the above contribution will be adjusted according to the Sydney LGA median strata dwelling price (‘MDP’) using the following formula.
(d) Contribution payable at Time of Payment = C x MDP2 / MDP1, where:
(i) C is the original total contribution amount payable to the City of Sydney as shown above;
(ii) MDP2 is the Median Strata Dwelling Price in Sydney LGA taken from the most recent NSW Government Rent and Sales Report at the time of indexation of the equivalent monetary contribution rate; and
(iii) MDP1 is the Median Strata Dwelling Price in Sydney LGA taken from the NSW Government Rent and Sales Report used to establish the current equivalent monetary contribution rate, being 1 March 2023 to 29 February 2024.
Contact Council’s Planning Assessment Unit at planningsystemsadmin@cityofsydney.nsw.gov.au for written confirmation of the amount payable, with indexation as necessary, prior to payment.
Reason
To ensure development contributions are paid to
contribute to the provision of essential affordable rental housing
infrastructure.
(10)
SECTION 7.12
CONTRIBUTIONS PAYABLE – SUBMITTED AND VERIFIED PRIOR TO ISSUE OF CONSTRUCTION
CERTIFICATE, 17-19 MARY STREET, SURRY HILLS – STAGE
3B
A
monetary contribution is payable to the City of Sydney pursuant to Section 7.12
of the Environmental Planning and Assessment Act 1979 and the Central Sydney Development Contributions
Plan 2020.
The Section
7.12 levy is determined by the development cost, as per the following table:
|
Development cost * * Refer to Section 2.3 of the Central Sydney
Development Contributions Plan 2020 for information on determining the
development cost. |
Levy |
|
Up to and including $250,000 |
NIL |
|
More than $250,000, up to and including $500,000 |
1% |
|
More than $500,000, up to and including $1,000,000 |
2% |
|
More than $1,000,000 |
3% |
The Section
7.12 levy is payable to the City of Sydney in accordance with the following:
(a) Prior
to any Construction Certificate relating to stage 3B being
issued, evidence must be provided of Council’s written verification of the
amount of the contribution as required in (b) below, and that the levy has been
paid to the Council in accordance with this condition. Payment may be by EFTPOS
(debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney.
Direct debit, personal or company cheques will not be accepted.
(b) The
contribution must not be paid to the City of Sydney until it is accompanied by
separate written verification by the City of Sydney of the specific amount
payable. In order to obtain such verification, one of the following must be
submitted:
(i) For
development between $250,000 and $3,000,000 – the City of Sydney Cost
Summary Report must be completed by a suitably qualified person such as the
Project Architect or Project Manager and submitted to the City of Sydney
together with the copies of the plans the subject of the application for the
Construction Certificate. An electronic copy of the Cost Summary Report
is available from the City’s website at www.cityofsydney.nsw.gov.au;
or
(ii) For
development more than $3,000,000 – The City of Sydney Registered
Quantity Surveyor’s Detailed Cost Report must be completed by a Quantity
Surveyor registered with the Australian Institute of Quantity Surveyors or a
person who can demonstrate an equivalent qualification and submitted to the
City of Sydney together with the copies of the plans the subject of the
application for the Construction Certificate. An electronic copy of the Registered
Quantity Surveyor’s Detailed Cost Report is available from the City’s
website at www.cityofsydney.nsw.gov.au.
(c) The
Council will consider the documentation submitted under subclause (b) and
determine the cost of the proposed development having regard to the information
submitted and to such other matters as it considers appropriate and will notify
the Registered Certifier accordingly.
(d) The
development cost is to be determined in accordance with Section 2.3 of the
Central Sydney Development Contributions Plan 2020, located in the version in
force at the date of the grant of this consent.
Please
contact Council's Planning Administration staff at Planningsystemsadmin@cityofsydney.nsw.gov.au
to request a written Statement of Contributions Owing, prior to payment.
Reason
To ensure development contributions are
paid to address the increased demand for public facilities, amenities, and
services in Central Sydney by a growing residential and workforce population.
(40)
BICYCLE PARKING AND END OF TRIP FACILITIES
(a) The
minimum number of bicycle parking spaces and end of trip facilities to be
provided within the site boundary for the development must comply with the
table below.
|
Bicycle Parking Type |
Number |
Requirements |
|
Residential |
50 for 5-15 Mary Street 10 for 17-19 Mary Street |
Spaces must be 50/50 class 1 and 2 bicycle locker
|
|
Residential visitor |
1 for 17-19 Mary Street |
Spaces must be Class 3 bicycle rails |
|
Retail / Commercial staff |
3 for 5-15 Mary Street 4 for 17-19 Mary Street |
Spaces must be Class 2 bicycle facilities |
|
Non-residential visitor |
1 for 5-15 Mary Street 1 for 17-19 Mary Street |
Spaces must be Class 3 bicycle rails |
|
End of Trip Facility Type |
Number |
|
|
Showers with change area |
1 for 5-15 Mary Street 1 for 17-19 Mary Street |
|
|
Personal lockers |
3 for 5-15 Mary Street 5 for 17-19 Mary Street |
|
(b) The
layout, design and security of bicycle facilities must comply with the minimum
requirements of Australian Standard AS 2890.3 Parking Facilities Part 3:
Bicycle Parking Facilities. The details must be submitted to and approved by
the Registered Certifier confirming prior to and form part of the relevant
Construction Certificate being issued.
Reason
To ensure the allocation of bicycle parking onsite
that is in accordance with Australian Standards and the Council’s DCP.
(55)
PUBLIC DOMAIN
LIGHTING UPGRADE
Prior to issue of the Stage 3a and 3b Construction Certificate, a concept
Public Domain Lighting Upgrade Plan for pedestrian and street lighting in the
public domain must be submitted to and approved by City’s Public Domain
Unit. The Lighting Plan must be prepared
in accordance with the Sydney Streets
Technical Specifications A5 and B8, Sydney
Lights Design Code and Public Domain
Manual. This information is available for download from the City’s website at
https://www.cityofsydney.nsw.gov.au/development/public-domain-works/da-associated-works.
The lighting upgrade plan must cover all adjacent
street frontages, being Mary Street and Hands Lane and shall be designed to
include the following requirements:
Mary Street (in front of development site to Reservoir Street)
1. Provide lighting design complying with requirements of AS1158 under Category PR3 on the
roadway and footways.
2. Supply and install City standard steel poles and LED luminaires.
3. Propose glareshields to prevent glare in residential properties.
Hands Lane (along development site)
1.
Provide lighting design complying with requirements of AS1158 Category PR3.
2.
Decommission existing City wall mount lights on the property.
3.
Supply and install new City standard LED wall mount lights. Installation must be accessible for
maintenance and upgrade by City-authorised technicians and contractors along
the entire length. All cabling must be installed on the building surface within
galvanised steel conduits, MMS cabling or similar approved method. Establish an
access easement in favour of the City for ongoing maintenance and upgrade of
wall mounted City lighting, if applicable.
4.
Supply and install a new 3Phase City MSB.
5.
Propose glareshields to prevent glare in residential properties.
6.
Decommission Ausgrid’s redundant PUMS supplies that currently feed the wall mount lights on
Blackburn Street and Hands Lane.
7.
New City wall mount lights along Hands Lane and existing wall mount lights in Blackburn Street
(across Foster Street) must be fed from the new City MSB.
8.
Provide temporary lighting complying with City public domain lighting specifications prior to removal
of existing public lights.
Advice on site specific lighting requirements must
be obtained from City’s Public Domain Unit before proceeding with the
preparation of any final lighting design proposals.
Reason
To
ensure pedestrian and street lighting in the public domain complies with
Council’s requirements.
(124) HOURS OF USE – COMMON ROOF TERRACE
The common roof terrace for 5-15 Mary Street (Foster House) and
17-19 Mary Street (Mixed Use Site) is restricted to between 7am and
10pm Monday to Sunday.
Reason
To achieve appropriate residential amenity outcomes.
(125) PLAN OF MANAGEMENT – FOSTER HOUSE
(a)
The Plan of Management is to
be amended to address how the premises will manage the following:
(i)
loitering around the site;
(ii)
residents smoking around the
site; and
(iii)
noise from balconies.
The amended Plan of Management is to be submitted to and
approved by Council’s Area Planning Manager prior to the issue of a
Construction Certificate for Stage 3B.
(b)
The
use of Foster House must always be operated / managed in accordance with the
Plan of Management approved under (a) above, prepared by The Salvation
Army signed and dated 15 December 2022 that has been approved by Council. In the event of any
inconsistency, the conditions of this consent will prevail over the Plan of
Management.
Reason
To
ensure all parties are aware of the approved supporting documentation that
applies to the development.
The application was approved for the following reasons:
(A) The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979, in that, subject to the imposition of conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlines in the report to the Local Planning Panel.
(B) The proposal generally satisfied the objectives and provisions of Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.
(C) The proposal is consistent with the objectives of the MU1 - Mixed Use zone.
(D) The proposed development appropriately responds to the site and its context, with a building that is appropriate in terms of its height, floor space and environmental impact, and achieves design excellence.
(E) Subject to the recommended conditions of consent, the proposed development achieves acceptable amenity for the existing and future occupants of the subject site and adjoining sites.
(F) The proposed land uses are permissible within the zone and will support the vitality of the area. Subject to the recommended conditions of consent, the proposed land uses will positively contribute to the amenity of the locality and will not result in adverse impacts.
(G) The public interest is served by the approval of the development, as amendments to the application have generally addressed the concerns of Council staff and the community, and the recommended conditions of consent will mitigate any environmental impacts that could potentially arise from the construction and operation of the proposed development.
(H) Condition 3 was added to address privacy concerns.
(I) Conditions 9 and 10 were amended to clarify that the contributions apply only to the 17-19 Mary Street component of the development and are to be paid prior to the release of a construction certificate for Stage 3B relating to the 17-19 Mary Street component of the development.
(J) Condition 40 was amended having regard to the generally short stay nature of the residential use of the Foster House component of the development.
(K) Condition 55 was amended to remove the areas that are not directly adjacent to the site.
(L) Condition 124 was amended to include 17-19 Mary Street.
(M) Condition 125 was amended to address potential impacts to the surrounding locality.
Carried unanimously.
D/2022/1343