Moved by the Chair (the Lord Mayor), seconded by
Councillor Scully -
It is resolved that:
(A) authority be delegated to the Chief
Executive Officer (CEO) to determine Development Application No. D/2017/1750, subject
to concurrence from Sydney Metro pursuant to the provisions of Clause 86 of the
State Environmental Planning Policy (Infrastructure) 2007 being received in
respect of the application; and
(B) if
the CEO determines to approve the application, then consideration be given to
granting development consent, pursuant to Section 4.16 (1)(a) of the
Environmental Planning and Assessment Act 1979, subject to the conditions as
detailed in Attachment A to the subject report, and the following two
additional conditions detailed below:
(a) Prior to the issue of any Occupation Certificate for the
development, a documentary Right of Public Access is to be created and
registered on the Title of the site. The Easement, limited in stratum, is to be
defined over that strip of land of variable width lying between the main façade of the building at ground level and
the alignments of George Street and Dalley Street.
The Easement may be limited in depth to include the paved surface of the
Easement area and in height to exclude the awning above the pavement. The
Easement is to be created appurtenant to Council in terms granting unrestricted
rights for public pedestrian access, to Council’s satisfaction.
(b) Prior to the issue of any Occupation Certificate for the
development, a documentary Positive Covenant is to be created and registered on
the Title of the site, appurtenant to Council. The Positive Covenant is to be
created in terms indemnifying Council against any claims and damages arising
from the use of the Right of Public Access, and is to require the maintenance
of a $20,000,000 public indemnity insurance policy and is to require the
maintenance, upkeep, repair and lighting of the Right of Public Access in
accordance with Council’s requirements and to the satisfaction of Council.
(a) If parts of the development intercept or extract groundwater,
authorisation may be required under Section 91 (3) of the Water Management Act
2000 and may need a dewatering licence from Water NSW.
(b) If any dewatering is proposed that requires a dewatering
licence from Water NSW then a copy of the licence must be submitted to the
Certifying Authority prior to the issue of the Stage 1 Construction
Certificate.
(c) Should
the dewatering result in any amendments to the approved development specified by Condition No.1 a separate
development application to Council to modify the approved development shall be
submitted.
Carried unanimously.
D/2017/1750