The Panel refused consent for Development
Application Number
The application was refused for the following reasons:
(A) The proposal is not supported by Transport for New South Wales (TfNSW) based on concerns with pedestrian safety and ongoing servicing of the use adjacent to a signalised intersection of a State Classified road. The proposed garbage collection from the kerb of Bourke Road would compromise traffic flows in proximity to the signalised intersection and as such be contrary to the objectives contained under Clause 2.119 of State Environmental Planning Policy (Transport and Infrastructure) 2021 including "to ensure that new development does not compromise the effective and ongoing and function of classified roads".
(B) The proposed development is in breach of the Floor Space Ratio (FSR) development standard pursuant to Clause 4.4 of SLEP 2012. A Clause 4.6 variation request to seek approval to vary the standard has not been submitted by the applicant and accordingly the Consent Authority has no authority to grant development consent.
(C) The proposed development does not meet the required public domain setbacks, undermining pedestrian safety and amenity and street network permeability as required to be considered under Clause 6.21C(2)(ix) of SLEP 2012 and outlined undersection 5.2.10 of Sydney Development Control Plan (SDCP) 2012.
(D) The proposed alterations and additions to the existing building fail to demonstrate a high standard of architectural design and detailing appropriate to the building type and location, and fails to improve the quality and amenity of the public domain contrary to the design excellence considerations under Clause 6.21C(2)(a) and (b) of SLEP 2012.
(E) The proposal does not satisfy the considerations contained under Clause 5.21(3)c) Flood Planning of SLEP 2012. The Bourke Road basement entry is below the Probable Maximum Flood level posing a flood risk to life and property.
(F) The proposed hours of operation do not accord with those contained under section 3.15 Late Night Trading Management of Sydney Development Control Plan 2012.
(G) In light of the above, the proposed use of the site as a pub is not suitable for the site and not in the public interest contrary to section 4.15(1)(c) and (e) of the Environmental Planning and Assessment Act, 1979.
Carried unanimously.
D/2025/114