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The Panel: (A)
determined
that based upon the material available to the Panel at the time of
determining this application, including the “Clause 4.6 Variation Request”, Revision
B submitted on 15 August 2025, pursuant to Regulation 35B of the
Environmental Planning and Assessment Regulation 2021, the Panel is satisfied
that the applicant has demonstrated that compliance with the floor space
ratio development standard in Clause 4.4 of the Sydney Local Environmental
Plan 2012 is unreasonable or unnecessary and that there are sufficient
planning grounds to justify contravening this development standard; and (B)
granted
consent to Development Application number D/2025/410 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 (1A) DESIGN MODIFICATION – LOADING DOCK DOOR The proposed loading dock door facing Marlborough
Street is not approved. An amended door design, including materials, pattern
and finishes of the roller door must have regard to the design of the
approved first floor rear kitchen addition, complementing the verticality of
the first floor addition. This amended door design must be submitted to and
approved by Council’s Area Planning Manager prior to the issue of any
Construction Certificate. Reason To ensure the design of the loading dock door
reflects the subject building, heritage item and conservation area. (1B) SECURITY IN THE ABSENCE OF SECURITY STAFF The Plan of Management is to be revised to
address security tasks to be taken on by staff when security guards are not
present. Reason To address security issues when security guards
are not present. (3)
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.
The HPC (indexed at March 2025) must be paid using the NSW planning portal (https://pp.planningportal.nsw.gov.au/). 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 2026. (12) 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.
(b) All bicycle parking spaces and end of trip facilities must be
provided on private land. The public domain cannot be used to satisfy
this condition. (c) 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. (48A) NOISE FROM
COMMERCIAL AND INDUSTRIAL ACTIVITIES (a)
Cumulative noise
must not exceed either a project noise trigger level or maximum noise level
in accordance with relevant requirements of the NSW EPA Noise Policy for
Industry 2017 (NPfl). External background noise monitoring must be
carried out in accordance with the long-term methodology in Fact Sheet B of
the NPfl unless otherwise agreed by the City. (b)
Cumulative noise
from the use must comply with the following requirements when assessed inside
an occupiable room of a separate premises that is residential accommodation,
tourist and visitor accommodation, or a sensitive commercial premises at any
time: (i)
An LAeq, 15 minute measured with
external windows and doors closed must not exceed the lesser of either an
internal LA90 + 0 dB measured with external doors and windows closed, or 30
dB(A) for a sleeping area, or else 40 dB(A) in any other habitable room. (ii)
An LAeq,15 minute measured with
external windows and doors open must not exceed the internal LA90 + 0 dB when
measured with external windows and doors open. This is not applicable if the
room has an alternative source of ducted ventilation. (iii)
An Internal LA90 must represent the
receiver in a quiet state. It may be derived from the median of multiple
LA90, 15 minute measurements at the same location. (iv)
Internal background noise
measurements must not include noise from the land subject to development but
may include noise from necessary alternative passive or mechanical
ventilation at the affected premises. (v)
Corrections in Fact Sheet C of the
NPfI are applicable to relevant noise from the use measured in accordance
with the above, however duration corrections are excluded from commercial
noise. A correction for impulsive noise must be made in accordance with
section 6.6.4 of Australian Standard 1055.1-1997. (vi) This
requirement does not apply to an entertainment activity as defined by S202A
of the NSW Local Government Act. Noise sources outlined in S1.5 of the NPfI
with the exception of sporting facilities, are excluded from this requirement
unless advised. Remaining conditions to be
renumbered accordingly. Reasons for Decision The application was approved for the following reasons: (B)
Based
upon the material available to the (C)
The
development is permissible with consent in the MU1 Mixed Use Zone and is
consistent with the objectives of the zone. (D)
The
proposal has been assessed against the aims, objectives and provisions of the
relevant planning controls. Where appropriate, conditions of consent have
been recommended to ensure ongoing compliance with the Sydney Local
Environmental Plan 2012, the Sydney Development Control Plan 2012, and the
applicable Environmental Planning Instruments. (E)
The
proposal will not unreasonably compromise the amenity of the surrounding area
and has been recommended for approval with respect to trading hours in
accordance with the Sydney DCP 2012 and relevant Council policies, controls
and legislation. (F)
The
proposal will not detrimentally impact upon the heritage significance of the
heritage item, the Goodlet Street Heritage Conservation Area or the Cleveland
Street Special Character Area. (G)
The
proposed development demonstrates design excellence in accordance with the
relevant provisions and matters for consideration in clause 6.21C of the
Sydney Local Environmental Plan 2012. (I)
The
proposal is in the public interest subject to the recommended conditions. (J)
Condition
1(A) was added to ensure the
design of the loading dock door reflects the subject building, heritage item
and conservation area. (K)
Condition
1(B) was added to address security issues when security guards are not
present. (L)
Condition
3 was amended to correct a typographical error in punctuation. (M)
Condition
12 was amended in response to a request from the applicant. (N)
Condition
48 (A) was added as it had been omitted in error. |
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Carried unanimously. D/2025/410 |
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