Issue - decisions

Moved by the Chair (Abbie Galvin), seconded by Councillor Miller -

It is resolved that:

(A)      the variation requested to clause 4.3 Height of Buildings, and clause 4.4 Floor Space Ratio in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld;

(B)      the variation requested to Clause 69 (1)(a) maximum room size, of the SEPP (Housing) 2021, in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld;

(C)      the requirement under Clause 6.21D of the Sydney Local Environmental Plan 2012 requiring a competitive design process be waived as it is unreasonable or unnecessary in the circumstances; and

(D)      consent be granted to Development Application Number D/2024/984 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):

(20)    AFFORDABLE HOUSING CONTRIBUTION – RESIDUAL LAND OR CENTRAL SYDNEY – PAYMENT IN LIEU OF FLOOR SPACE CONTRIBUTION – CROWN DEVELOPMENT – PRIOR TO CONSTRUCTION

(a)     In accordance with the City of Sydney Affordable Housing Program and prior to the commencement of construction, the applicant must provide evidence that a monetary contribution towards the provision of affordable housing has been paid to the City of Sydney Council.

(b)     The contribution is $2,993,926.41 (indexed as at 3 April 2025). This is calculated by establishing the sum of the equivalent monetary contribution $11,646.80 multiplied by 1% of the total floor area for non-residential development (1253 sqm) and the equivalent monetary contribution $11,646.80 multiplied by 3% of the total floor area for residential development (2,847,992 8151 sqm).

(c)     If the contribution is paid after the indexation period in which the consent is granted, March 2025 to February 2026, the above contribution will be adjusted according to the Sydney LGA median strata dwelling price (‘MDP’) using the following formula.

(d)     Contribution payable at Time of Payment = C x MDP2 / MDP1, where:

(i)      C is the original total contribution amount payable to the City of Sydney as shown above;

(ii)      MDP2 is the Median Strata Dwelling Price in Sydney LGA taken from the most recent NSW Government Rent and Sales Report at the time of indexation of the equivalent monetary contribution rate; and

(iii)     MDP1 is the Median Strata Dwelling Price in Sydney LGA taken from the NSW Government Rent and Sales Report used to establish the current equivalent monetary contribution rate, being March 2025 to February 2026.

Contact Council’s Planning Assessment Unit at planningsystemsadmin@cityofsydney.nsw.gov.au  for written confirmation of the amount payable, with indexation as necessary, prior to payment.

(23)    DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)       The kitchen exhaust discharge is to be relocated from the Smail St facade to the roof level.

(b)       1:20 scale details and materiality demonstrating a high-quality finish and integration with the existing building for the Fire Hydrant Booster Valve Cabinet, all new panel lift doors and garage doors to Kettle Lane and St Barnabas St, and retail glazing to Smail St and Kettle Lane.

(c)       Metal down pipes and rainwater heads are to be high quality and integrated into the facade.

(d)       The three new awnings to the Smail St frontage are to be solid box awnings of a consistent height above the footpath between 3.2-4.2m and with any downpipes fully integrated into the design. 1:50 scale details are required, including specification of the materiality.

The modifications are to be submitted to and approved by Council’s Area Coordinator Planning Assessments or Area Planning Manager Executive Director City Planning Development and Transport prior to the issue of a Construction Certificate.

(83)    USE OF COMMUNAL OPEN AREAS

(a)       The use of the communal open areas on the roof terrace are restricted to between 7am to 9pm, Monday to Sunday.

(b)       Notwithstanding (a) above, the outdoor communal areas of the roof terrace may be used between 9pm and 10pm for a trial period of 1 year from the date of issue of the Occupation Certificate.

(c)       Should the operator seek to continue the extended operating hours outlined in (b) above, an application must be lodged with Council within 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.

Reasons for Decision

The application was approved for the following reasons:

(A)      The proposed development is consistent with the objectives of the MU1 Mixed Use zone.

(B)      The proposed development satisfies the relevant objectives and provisions of the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(C)      Having considered the matters in Clause 6.21 of the Sydney LEP 2012, the proposal displays design excellence.

(D)      Based upon the material available to the Committee at the time of determining this application, the Committee is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the height of buildings and floor space ratio development standards are unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.3 and clause 4.4 of the Sydney LEP 2012;

(ii)        the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the maximum co-living room size development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 69 (1)(a) of the SEPP (Housing) 2021; and

(iii)      the proposal is in the public interest because it is consistent with the objectives of the MU1 Mixed Use zone and the height of buildings, floor space ratio and the SEPP (Housing) 2021 development standards.

(E)      Condition 20 was amended to correct the residential total floor area and to remove reference to Crown Development.

(F)       Condition 23 was amended to ensure the new and replacement awnings are of a consistent height and comply with the DCP controls.

(G)      Condition 83 was amended in line with a request made by the applicant, as the use of the roof terrace is considered to have a low risk of impacting the amenity of neighbouring properties.

Carried unanimously.

D/2024/984