Pursuant to Section 4.16(3) of the Environmental
Planning and Assessment Act 1979, the Panel granted deferred commencement
consent to Development Application Number strikethrough):
PART A
CONDITIONS TO BE SATISFIED PRIOR TO CONSENT OPERATING
(A)
The consent is not to operate until the
following conditions are satisfied:
1)
DETAILED FLOOR
PLANS
The following is to be
submitted to and approved by Council’s Area Planning Manager:
a)
A set of detailed
floor plans documenting the internal layout of the premises and showing the
facilities required by the approved Plan of Management.
b) The plans shall amend the layout of the premises so that the ground
floor staff room becomes an accessible service room, with a staff room to be
relocated elsewhere within the premises.
c) Where any works are required to satisfy the above conditions the
following is to be provided to Council:
i)
a Section 60
approval under the Heritage Act is obtained if required; or
ii) details demonstrating the works are within the Standard Exemptions that
apply to the site.
Reason
To ensure the accurate
record of the internal layout of the premises, to provide adequate provision
for people with mobility issues, and to ensure the any required approval under the
Heritage Act is obtained.
2)
UPDATED PLAN OF
MANAGEMENT
a)
The Plan of
Management is to be updated to include under Section 2.6 a commitment to provide assistance into the
premises to people with mobility issues.
b)
The updated Plan
of Management is to be submitted to and approved by Council’s Area Planning
Manager.
Reason
To require an updated Plan
of Management which provides adequate provision for people with mobility
issues.
(B) Evidence that will sufficiently
enable Council to be satisfied as to those matters identified in deferred
commencement conditions, as indicated above, must be submitted to Council
within 12 months of the date of determination of this deferred commencement
consent, failing which this deferred development consent will lapse pursuant to
section 4.53(6) of the Environmental Planning and Assessment Act 1979.
(C) The consent will not operate
until such time that the Council notifies the Applicant in writing that
deferred commencement consent conditions, as indicated above, have been
satisfied.
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(D) Upon Council giving written
notification to the Applicant that the deferred commencement conditions have
been satisfied, the consent will become operative from the date of that written
notification, subject to the conditions of consent, as detailed in Part B
Conditions of Consent (Once the Consent is in Operation).
PART B
CONDITIONS OF
CONSENT (ONCE THE CONSENT IS IN OPERATION)
Upon
written confirmation from Council that compliance with the conditions contained
in Part A above have been satisfied, the consent will become operative subject
to the following conditions and any other relevant conditions that may arise as
a result of compliance with Part A.
(a) Development
must be in accordance with Development Application No. D/2024/395 dated 23 May
2024 and the plans submitted and approved under Deferred Commencement
Condition 1 and the following drawings prepared by RFA Architects:
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and
as amended by the conditions of this consent.
(b) In the
event of any inconsistency between the approved plans and supplementary
documentation, the drawings will prevail.
Reason
To
ensure all parties are aware of the approved plans and supporting documentation
that applies to the development.
(5) PHYSICAL WORKS
No approval or consent is granted for any physical works to the building,
with the exception of the installation of CCTV, and duress alarms in work rooms and
any works required to satisfy the deferred commencement conditions.
Reason
To
ensure all parties are aware that no physical works are approved or granted as
part of this consent unless required by condition.
(12) PLAN OF MANAGEMENT – SEX SERVICES PREMISES
The
operation of the premises must be conducted in accordance with the a
Plan of Management approved under Deferred Commencement Condition 2
(Council ref: 2024/384858) that has been approved by Council. Should
there be any additional or altered activities/procedures to those specified in
the approved plan of management that remain within the scope of the development
consent, or change of ownership or management, then the plan of management must
be appropriately reviewed and submitted to and approved by Council.
Reason
To
ensure appropriate management of the premises.
The application was approved for the following reasons:
(A) The development is consistent with the objectives of the SP5 Metropolitan Centre Zone.
(B) The proposal generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012 and subject to conditions, will not create adverse amenity impacts nor cause disturbance in the neighbourhood.
(C) The proposal is consistent with the relevant objectives of the Sydney Development Control Plan 2012.
(D) The proposal is consistent with the permissible hours of operation of Section 3.15.4 of Sydney Development Control Plan 2012 and accords with Section 4.4.6 of Sydney Development Control Plan 2012 for sex services premises, subject to conditions.
(E) Subject to the recommended conditions of consent, the proposed development will maintain the existing level of amenity the site locality and will not result in additional adverse environmental impacts to adjoining sites. Conditions of consent are recommended to ensure the use continues to be managed in appropriate manner in accordance with safe practices and the procedures outlined within the endorsed Plan of Management.
(F) Deferred Commencement consent was granted as the use should not commence before:
(i) additional detail is shown on the floor plans; and
(ii) adequate amendments are made to address the issue of reduced mobility access to the premises.
(G) Part A was inserted to specify the conditions to be satisfied prior to the consent operating, necessitating the proposed Conditions of Consent to be renamed Part B. The Conditions of Consent shown at Part B apply once the consent is in operation, being conditions to be satisfied after activation of the consent.
(H) Conditions 1, 5 and 12 of Part B were modified as a consequence of the consent being made a deferred commencement consent.
Carried unanimously.
D/2024/395