Pursuant to
Section 4.16(3) of the Environmental Planning and Assessment Act 1979, the
Panel granted a deferred commencement consent to Development Application Number
General Conditions 3 (General Design Modifications) and 4 (Heritage
Design Modifications) are to be moved to the Deferred Commencement Conditions
section of the Notice of Determination.
Reasons for Decision
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 the recommended conditions of
consent, the proposal is generally consistent with the planning controls
applicable to the site, and where variances are proposed these are acceptable
for the reasons outlined in the report to the Local Planning Panel.
(B)
The
proposal satisfies the objectives and provisions of State Environmental
Planning Policy (Biodiversity and Conservation) 2021, State Environmental
Planning Policy (Industry and Employment) 2021, State Environmental Planning
Policy (Resilience and Hazards) 2021, State Environmental Planning Policy
(Transport and Infrastructure) 2021, the Sydney Local Environmental Plan 2012
and the Sydney Development Control Plan 2012.
(C)
The
proposal is consistent with the objectives of the E1 'Local Centre' zone.
(D)
Subject
to the recommended conditions of consent, the proposal will contribute to the
ongoing conservation of the heritage item on site "Former Commonwealth
Bank including Interior" (I1541), and the conservation of the Oxford
Street Heritage Conservation Area (C17) through conservation measures to the
retained building.
(E)
The
proposed development appropriately responds to the site and its context, with
additions to the building that are compliant with the statutory height and
floorspace controls, appropriate in terms of architectural expression and
achieves design excellence.
(F)
The
proposed land uses are permissible with consent in the zone and will support
the vitality of the area. Subject to the recommended conditions of consent,
land uses envisaged under the Oxford Street Cultural and Creative Precinct
controls will be assured in perpetuity to ensure the character of the precinct
is preserved.
(G)
The
public interest is served by the approval of the development, as amendments to
the design have generally addressed the concerns of Council staff, the Design
Advisory Panel, and the community. The recommended conditions of consent will
mitigate any environmental impacts that could potentially arise from the
construction and operational phases of the proposed development.
(H)
General
conditions 3 and 4 were changed to deferred commencement conditions to ensure
there is one complete updated accurate set of plans for approval.
Carried on the following show of hands:
Ayes (3) Mr
Brown, Ms Bayl-Smith and Ms MacGraw
Noes (1) Ms
Tuor
Motion carried.
D/2023/119