The Panel grants consent to Development Application
Number strikethrough):
(1)
APPROVED
DEVELOPMENT
(a) Development must be in
accordance with Development Application No. D/2023/265 dated 31 March 2023 and
the following drawings prepared by Tonkin Zulaikha Greer:
|
Drawing Number |
Drawing Name |
Date |
|
A031 |
Existing Sections |
03.11.23 |
|
A011 Rev 01 |
Basement Demolition Plan |
03.11.23 |
|
A012 Rev 01 |
Ground Floor Demolition Plan |
03.11.23 |
|
A013 Rev 01 |
First Floor Demolition Plan |
03.11.23 |
|
A014 Rev 01 |
Second Floor Demolition Plan |
03.11.23 |
|
A015 Rev 01 |
Roof Demolition Plan |
03.11.23 |
|
A021 Rev 01 |
Demolition Elevations 01 |
03.11.23 |
|
A022 Rev 01 |
Demolition Elevations 02 |
03.11.23 |
|
A101 Rev 01 |
Basement Floor Plan |
03.11.23 |
|
A102 Rev 01 |
Ground Floor Plan |
03.11.23 |
|
A103 Rev 02 |
Level 1 Floor Plan |
11.03.24 |
|
A104 Rev 02 |
Level 2 Floor Plan |
11.03.24 |
|
A105 Rev 02 |
Level 3 Floor Plan |
11.03.24 |
|
A106 Rev 02 |
Level 4 Floor Plan |
11.03.24 |
|
A107 Rev 02 |
Level 5 Roof Top Plan |
11.03.24 |
|
A108 Rev 02 |
Roof Plant Plan |
11.03.24 |
|
A202 Rev 02 |
Kells Lane Elevation |
11.03.24 |
|
A203 Rev 02 |
Langley Street Elevation |
11.03.24 |
|
A204 Rev 02 |
Foley Street Elevation |
11.03.24 |
|
A301 Rev 01 |
Section 1 |
11.03.24 |
|
A302 Rev 02 |
Section 2 |
11.03.24 |
|
A303 Rev -0 |
Section 3 |
11.03.24 |
|
A201 Rev 01 |
Crown Street Elevation |
3.11.2023 |
and as amended by the
conditions of this consent.
(b) In the event of any inconsistency
between the approved plans and supplementary documentation, the plans will
prevail.
Reason
To
ensure all parties are aware of the approved plans and supporting documentation
that applies to the development.
(8) INTERNAL HOURS OF OPERATION
The internal hours of operation are regulated as follows:
(a)
The base internal
hours of operation must be restricted to between 10am
and 10.00pm Monday to Saturday inclusive.
(b)
Notwithstanding (a)
above, the use may operate between 7am and 10am and 10.00pm and
12 midnight for a trial period of 1 year from the date of issue of Occupation
Certificate. Council’s Health and Building Unit is to be informed in writing of
the date of commencement of the trial hours. Email notification is to be sent
to liquor@cityofsydney.nsw.gov.au. No
alcohol is to be served prior to 10.00am.
(c)
Should the
operator seek to continue the extended operating hours outlined in (b) above,
an application must be lodged with Council not less than 30 days before the end
of the trial period. Council’s consideration of a proposed continuation and/or
extension of the hours permitted by the trial will be based on, among other
things, the performance of the operator in relation to the compliance with
development consent conditions, any substantiated complaints received and any
views expressed by the Police.
Reason
To ensure
the premises operates within the approved hours of operation.
(9)
EXTERNAL HOURS OF
OPERATION - ROOFTOP
The external hours of operation
are regulated as follows:
(a) The base external hours of operation must
be restricted to between 10.00am and 8.00pm
Monday to Saturday inclusive.
(b) Notwithstanding (a) above, the use may
operate between 8.00am and 10am and 8.00pm and 10.00pm for a
trial period of 1 year from the date of issue of Occupation Certificate.
No alcohol is to be served prior to 10.00am.
(c) Should the operator seek to continue the
extended operating hours outlined in (b) above, an application must be lodged
with Council not less than 30 days before the end of the trial period.
Council’s consideration of a proposed continuation and/or extension of the
hours permitted by the trial will be based on, among other things, the
performance of the operator in relation to the compliance with development
consent conditions, any substantiated complaints received and any views
expressed by the Police.
Reason
To ensure the premises
operates within the approved hours of operation.
(68) NATIONAL CONSTRUCTION CODE COMPLIANCE
- ALTERATIONS AND ADDITIONS - UPGRADE OF THE BUILDING IS REQUIRED
(a) Pursuant to Section 64 of the Environmental
Planning and Assessment Regulation 2021 an assessment of the development
proposal has been undertaken and:
(i)
As
more than 50 percent of the volume of the building is proposed to be altered or
has been altered over the previous 3 year period; and/or
(ii)
The
measures contained in the building are inadequate to protect persons using the
building and to facilitate their egress from the building in the event of fire,
or to restrict the spread of fire from the building to other buildings nearby,
it is determined that the whole building must be brought into total conformity
with the Building Code of Australia.
(b) If compliance with (a) above cannot be
achieved through the deemed-to-satisfy pathway, a performance solution in
accordance with the BCA must be prepared and submitted to the Registered
Certifier illustrating how the relevant performance provisions are to be
satisfied prior to the issuing of a construction certificate.
(a) Fire resistance - Part C1;
(b) Fire resistance and stability – Part C2;
(c) Compartmentation and separation - Part C3;
(d) Protection of openings - Part C4;
(e) Access and egress - Part D1;
(f) Provision of escape - Part D2;
(g) Construction of exits - Part D3;
(h) Fire fighting equipment - Part E1;
(i) Smoke hazard management (Performance
Requirements) - Part E2;
(j) Lift installations - Part E3; and
(k) Visibility in an emergency, exit signs and
warning systems - Part E4.
Reason
To ensure the works
comply with relevant regulations, in particular for fire and safety.
(a) Appropriate
attended noise monitoring must be undertaken by a suitably qualified acoustical
consultant* during operation of the premises at 3 months and 12 months following the commencement of
use. The acoustic consultant must verify noise emanating from the premises, at
the nearest residential receiver, does not exceed the noise criteria detailed
in Condition 127 “Noise Entertainment”.
(b) An acoustic
report detailing the results of monitoring undertaken should be submitted to
the Council’s Area Planning Manager within 7 days after monitoring has taken
place.
(c) Where
noise is found to exceed the noise criteria, the acoustic report must recommend
further measures to ensure compliance with the criteria. Evidence that these
measures have been implemented must be provided to Council’s Area Planning
Manager.
Note:
Suitably Qualified Acoustic Consultant means a consultant who possesses the
qualifications to join the Australian Acoustical Society, Institution of
Engineers Australia (grade of member) or the Association of Australasian
Acoustical Consultants (grade of member firm). With respect to (i), in
selecting a consultant, the proponent may wish to consider previous relevant
experience of the consultant.
Reason
To ensure the acoustic amenity of the surrounding area is reasonably
maintained.
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 outlined in the report to the Local Planning Panel.
(B) The development, subject to conditions, is consistent with the objectives of the MU1 Mixed Use zone.
(C) Subject to the recommended conditions of consent, the proposed development achieves acceptable amenity for adjoining sites.
(D) The proposal provides 10 per cent cultural and creative floor space and complies with the alternative maximum height of buildings control under in Clause 6.60D of the Sydney Local Environmental Plan 2012 and the design of the development responds appropriately to the scale of surrounding buildings.
(E) The proposed density of the development complies with the maximum floor space ratio development standard in Clause 4.4 of the Sydney Local Environmental Plan 2012.
(F) The development, subject to conditions, exhibits design excellence and satisfies the provisions of Clause 6.21C of the Sydney Local Environmental Plan 2012.
(G) Subject to conditions, the proposal generally satisfied the relevant objectives and provisions of the Sydney Local Environmental Plan 2012 and the Transport and Infrastructure SEPP.
(H) Condition 1 was amended to ensure the consent includes a correct record of all relevant plans.
(I) Conditions 8 and 9 were amended in line with a request made by the applicant, to utilise the premises prior to 10am.
(J) Condition 68 was amended to ensure that required fire safety measures are addressed whilst balancing the protection of existing heritage fabric.
(K) Condition 131 was added to ensure the acoustic amenity of neighbouring properties.
Carried unanimously.
D/2023/265