(A) delegated authority to the Chief Executive Officer to determine Development Application D/2024/782, following the drafting and conclusion of the public exhibition of the draft Voluntary Planning Agreement in accordance with the public benefit offer dated 12 March 2025 and considering any public submissions received in response; and
(B)
received and noted the recommendation in the
subject report that a deferred commencement consent be granted to Development
Application Number strikethrough):
(4)
MATERIALS AND
SAMPLES SCHEDULE
A
detailed material, colours and finishes schedule (including visible rainwater
goods and services) keyed to each building elevation must be submitted to and
approved by Council’s Area Planning Manager prior to a Construction Certificate
being issued.
The
materials and samples schedule/board must not include generic material or
colour descriptions or use terminology such as ‘or similar’.
In the
event of any inconsistency with the stamped plans, the materials and finishes
as approved by this condition will prevail.
The
materials, colours, and finishes schedule may be updated during the
construction of the development, without the requirement for a Section 4.55
modification application. Any revised schedule is to be submitted to and
approved by Council’s Area Planning Manager prior to any amended materials being
used.
Reason
To
require the submission of a materials and samples board to ensure the design
intent of the competition winning scheme is maintained through the construction
of the building.
(Remaining conditions to
be renumbered accordingly)
(8)
HOUSING AND PRODUCTIVITY CONTRIBUTION
Before the issue of any Construction Certificate
the housing and productivity contribution (HPC) set out in the table below is
required to be made.
|
Housing and productivity contribution |
Amount |
|
Housing and productivity contribution (base component) |
$128,649.63 |
|
Transport project component |
NIL |
|
Total housing and productivity contribution |
$128,649.63 |
The HPC must be paid using the NSW planning portal.
At the time of payment, the amount of the HPC is to
be adjusted in accordance with the Environmental Planning and Assessment
(Housing and Productivity Contributions) Order 2024 (HPC Order).
The HPC may be made wholly or partly as a
non-monetary contribution (apart from any transport project component) if the
Minister administering the Environmental Planning and Assessment Act 1979
agrees.
The HPC is not required to be made to the extent
that a planning agreement excludes the application of Subdivision 4 of Division
7.1 of the Environmental Planning and Assessment Act 1979 to the
development, or the HPC Order exempts the development from the contribution.
The amount of the contribution may be reduced under
the HPC Order, including if payment is made before 1 July 2025.
Reason
To require contributions towards the provision of
regional infrastructure.
(58) DECOMMISSIONING OF STORMWATER LINE
Prior to the demolition
of the building decommissioning of the existing stormwater line on the site:
(a)
The proposed
stormwater line and associated pits with Lots 2 and 3 must first be
constructed, and a Works as Executed survey carried out by a registered
surveyor and submitted to council.
(b)
Upon receipt of
written approval of the above works by Council's Area Planning Manager, the
existing stormwater pipe draining Bourke Road to the stormwater channel at the
rear must be decommissioned to the satisfaction of Council's Area Planning
Manager.
Reason
To ensure that the
alternative drainage for site is constructed and approved, to avoid the risk of
localised flooding if an operational pipe is damaged and blocked during
demolition and removal of foundations.
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 recommended conditions of consent, 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 is permissible with consent in the E3 - Productivity Support zone and is consistent with the objectives of the zone.
(C) The development complies with the relevant development standards of the Sydney Local Environmental Plan 2012.
(D) The development satisfies the relevant objectives of the Sydney Development Control Plan 2012 including Section 5.2 relating to the Green Square Precinct and Section 5.8 relating to the Southern Enterprise Area.
(E) A deferred commencement condition is recommended to ensure the planning agreement is executed and registered on title.
(F) Condition 4 was added to ensure the design intent of the competition winning scheme is maintained through the construction of the building.
(G) Condition 8 was amended to correct an error in the calculation of the Housing and Productivity Contribution.
(H) Condition 58 was amended as the demolition of the existing building is required for the construction of the new stormwater connection.
Carried unanimously.
D/2024/782
Speakers
Hamish Lamont (StorHub) – on behalf of the applicant, and Ignacio
Gonzalvez (Nettleton Tribe) – on behalf of the applicant.