The Panel:
(A)
upheld
the request to contravene clause 4.3 'Height of Buildings' development standard
in accordance with clause 4.6 'Exceptions to development standards' of the
Sydney Local Environmental Plan 2012;
(B)
upheld the
request to contravene Section 69(1)(a) relating to maximum co-living room
sizes, of the State Environmental Planning Policy (Housing) 2021 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/2024/71 subject to the conditions
set out in Attachment A to the subject report, subject to the following
amendments (additions shown in bold italics, deletions shown in strikethrough):
(3)
SECTION
7.11 CONTRIBUTIONS PAYABLE - CONTRIBUTION TOWARDS PUBLIC AMENITIES – CITY OF
SYDNEY DEVELOPMENT CONTRIBUTIONS PLAN 2015 – WEST PRECINCT
Council
has identified the development will increase demand for public amenities and
facilities. Pursuant to Section 7.11 of the Environmental Planning and
Assessment Act, 1979 (as amended), and the City of Sydney Development
Contributions Plan 2015 the following monetary contributions are required
towards the cost of public amenities.
|
Contribution
Category |
Amount |
|
Open Space |
|
|
Community Facilities |
|
|
Traffic and Transport |
|
|
Stormwater Drainage |
$0.00 |
|
Total |
|
The City
of Sydney will index the above contribution for inflation at the time of
payment using the following formula.
Cpayment =
Cconsent x (CPIpayment ÷ CPIconsent)
Where:
Cpayment =
Is the contribution at time of payment;
Cconsent = Is the contribution at the time
of consent, as shown above;
CPIpayment = Is the Consumer Price Index (All
Groups Index) for Sydney published by the Australian Bureau of Statistics that
applies at the time of payment; and
CPI1consent =
Is the Consumer Price Index (All Groups Index) for Sydney at the date the
contribution amount above was calculated being – 139.1 for the June 2024
quarter.
The
contribution must be paid prior to the issue of any Construction Certificate in
relation to this development.
Please
contact Council’s Planning Administration staff at
planningsystemsadmin@cityofsydney.nsw.gov.au to request a letter confirming the
indexed contribution amount payable.
Once
the letter confirming the indexed contribution is obtained, payment may be made
at any of the City’s Neighbourhood Service Centres or the One Stop Shop at Town
Hall House. Acceptable payment methods are EFTPOS (debit card only), cash (up
to 10K only), Credit Card (up to 50K only) or a bank cheque made payable to the
City of Sydney. Personal or company cheques will not be accepted.
(6) FLOOR SPACE RATIO - ALL OTHER
AREAS
The following applies to Floor Space Ratio:
(a) The Floor Space Ratio for
the development must not exceed 3.6:1 3.65:1 calculated in
accordance with Sydney Local Environmental Plan 2012. For the purposes of the
calculation of FSR, the Gross Floor Area of the business component is 317
361sqm, for the residential component is 4080sqm (areas below ground
level of Broadway excluded), and the total Gross Floor Area is 4,441sqm.
(b) Prior to an Occupation
Certificate being issued, a Registered Surveyor must provide certification of
the total and component Gross Floor Areas (by use) in the development,
utilising the definition under Sydney Local Environmental Plan 2012, applicable
at the time of development consent, to the satisfaction of the Principal
Certifier.
(8)
USE - SEPARATE DA REQUIRED
No
consent is granted or implied for the fitout or
specific use of:
·
Ground
level retail tenancies.
·
Basement
mezzanine level commercial tenancy, and retail tenanciesy.
·
Basement
level gym and retail tenancy.
No
consent is granted or implied for the fitout or
specific use of:
·
Basement
level gym.
A development
consent or Complying Development Certificate (as appropriate) is required to be
obtained for the fitout and/or use
prior to that fitout or use commencing.
(10)
SIGNS - SEPARATE
DA REQUIRED
A
separate development application for any proposed signs additional to those
approved as part of this consent (other than exempt or complying signs) must be
submitted to and approved by Council prior to the erection or display of any
such signs.
The
submitted signage strategy prepared by SJB Architects (Ref: DA-8002 Rev 3,
DA-8003 Rev 3) is to be updated with the deletion of signage type C from (2)
elevation south (above the awning) prior to endorsement of the strategy and
submitted to the Area Planning Manager for approval.
(22)
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 |
120 |
Spaces must be a class |
|
Residential visitor |
14 |
Spaces must be Class 3 bicycle rails |
|
Non-residential |
|
Spaces must be Class 2 bicycle facilities |
|
Non-residential visitor |
|
Spaces must be Class 3 bicycle rails |
|
End of
Trip Facility Type |
Number |
|
|
Showers with change area |
2 |
|
|
Personal lockers |
12 |
|
All
bicycle parking spaces and end of trip facility must be provided on private
land. The public domain cannot be used to satisfy this condition.
Notes:
(i) If a
basement storage area on title that is large enough to store a bike and is no
smaller than a class 1 bike locker this can be counted as a space.
(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 Construction
Certificate being issued.
(a) An updated Plan of
Management for the co-living use is to be submitted to and approved by
Council’s Area Coordinator Planning Assessments / Area Planning Manager prior
to the issue of an Occupation Certificate for the site/use.
(b) A copy of the plan is to
be kept on site by the site manager.
(c)
The use must always be operated / managed in accordance with the Plan of
Management approved in accordance with the process specified at (a) above. In
the event of any inconsistency, the conditions of this consent will prevail
over the Plan of Management.
(d)
The Proponent may update and revise the Plan of Management by submitting
the updated Plan of Management to Council’s Area Planning Coordinator / Manager
for approval.
(80)
THROUGH-SITE LINK
The pedestrian through-site
link between Glebe Point Road to Grose Street is to be open for access to the
public between the hours of 6.00 7.00am to 10.00pm Monday to Sunday or for other times
as provided in writing by the City’s Area Planning Manager.
(81)
HOURS OF OPERATION
The hours of operation for
retail and commercial premises are restricted to between:
Monday to Sunday: 7.00am to
10.00pm
Reason
To ensure the premises operates within the
approved hours of operation.
(Remaining
conditions to be renumbered accordingly)
Reasons for Decision
The application
was approved for the following reasons:
(A) The proposal is permissible with consent in
the E1 Local Centre Zone.
(B)
Based
upon the material available to the
(i)
the
applicant has demonstrated that compliance with the height of buildings
development standard in clause 4.3 of the Sydney LEP is unreasonable or
unnecessary in the circumstances and that there are sufficient environmental
planning grounds to justify the contravention of the development standard in
accordance with the requirements of Clause 4.6(3) of the Sydney Local
Environmental Plan 2012; and
(ii)
the
applicant has demonstrated that compliance with the maximum room size
development standard in Section 69(1)(a) of the State Environmental Planning
Policy (Housing) 2021 is unreasonable or unnecessary in the circumstances and
that there are sufficient environmental planning grounds to justify the
contravention of the development standard in accordance with the requirements
of Clause 4.6(3) of the Sydney Local Environmental Plan 2012.
(C) The proposed development complies with the
maximum Floor Space Ratio development standard contained in Clause 4.4 of the
Sydney Local Environmental Plan 2012 and Section 68(2)(a) of State
Environmental Planning Policy (Housing) 2021.
(D)
The
proposal provides communal living area and communal open space in accordance
with Chapter 3 Part 3 Section 68(2) of State Environmental Planning Policy
(Housing) 2021.
(E)
The
proposal is generally consistent with the standards for co-living housing under
Chapter 3 Part 3 Section 69 of State Environmental Planning Policy (Housing)
2021.
(F)
The
proposal exhibits design excellence in accordance with the requirements
contained in Clause 6.21C of Sydney Local Environmental Plan 2012.
(G) The proposal retains the heritage
significance of the Glebe Point Road Heritage Conservation Area and heritage
items within the vicinity of the site.
(H)
The
proposal promotes uses that attract pedestrian traffic along the ground floor
frontage of Grose Street, Glebe.
(I)
The
proposal is generally consistent with the relevant objectives and provisions of
Sydney Development Control Plan 2012.
(J)
Condition
3 was amended to accurately reflect the contributions calculation.
(K)
Condition
6 was amended to accurately reflect the approved development.
(L) Condition 8 was amended to allow for a first
use of retail and commercial occupancies.
(M)
Condition
10 was amended to clarify how the amendments to the strategy are to be made.
(N)
Condition
22 was amended to reflect the correct class of bicycle parking spaces and to
redistribute commercial parking spaces as agreed by the City Transport Planning
Unit.
(O)
Condition
61 was amended to clarify the requirement for ongoing compliance with and
operation of the Plan of Management, and to provide for the Plan of Management
to be updated subject to the approval of Council’s Area Planning Manager.
(P)
Condition
80 was amended to allow flexibility for the opening times of the through site
link.
(Q) Condition 81 was added to address the inclusion
of first use for retail and commercial tenancies.
Carried unanimously.
D/2024/71