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;
(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; and
(C) granted consent to Development Application
Number D/2023/445 subject to the conditions set out in Attachment A to the
subject report.
Reasons for Decision
The application was approved for the
following reasons:
(A)
The
proposal is permissible within and consistent with the objectives of the MU1
Mixed Use Zone.
(B)
The
proposal satisfies the design excellence provisions of clause 6.21C of Sydney
Local Environmental Plan 2012.
(C)
Based
upon the material available to the
(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 MU1 Mixed Use Zone and the height of buildings development standard;
(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; and
(iv)
the
proposal is in the public interest because it is consistent with the objectives
of the MU1 Mixed Use Zone and the floor space ratio development standard.
Carried unanimously.
D/2023/445