The Panel:
(A) delegated authority to the Chief Executive Officer to determine Development Application No. D/2015/154 after:
(i) the Voluntary Planning Agreement (VPA) between the City of Sydney and the applicant has been prepared, publicly exhibited, and any submissions considered; and
(ii) if the Chief Executive Officer determines to approve the application, then consideration be given to granting consent subject to the relevant deferred commencement conditions pursuant to section 4.16(3) of the Environmental Planning and Assessment Act 1979, the conditions set out in Attachment A to this report and any other relevant conditions; and
(B) supported the variation sought to clause 4.3 Height of Buildings in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012.
The application is delegated to the Chief Executive Officer for determination for the following reasons:
(A) The advertisement, as amended, complies with the relevant aims, objectives and provisions of the State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64).
(B) The application is consistent with the objectives of the B4 Mixed Use zone applicable under the Sydney Local Environmental Plan 2012.
(C) The application achieves design excellence in accordance with Clause 6.21 (4) of the Sydney Local Environmental Plan 2012 in that the materials and detailing of the proposed LED digital sign improves the external appearance of the building by removing the visual clutter of the existing access gantry and flood lighting. The visual impacts of the proposed sign are addressed through the reduction in the sign size and the use of dimming capabilities to mitigate obtrusive glare to adjoining residential uses.
(D) The proposal has mitigated the impact on the public domain by reducing the glare associated with the illumination of the proposed sign, incorporating separate metering for energy consumption, reducing the size of the sign and amending the transition times between day-time and night-time to address the visual amenity of residential receivers in the immediate locality. Conditions addressing the public submissions have been recommended.
(E) Conditions of consent have been imposed to address the dwell times and the transition of the electronic content to reduce the visual impact of the sign. Conditions have also been imposed regarding the illumination and the submission of a management plan to address the operation of the sign's content.
(F) The requested variation to the Clause 4.3 of the Sydney LEP 2012 is upheld because the consent authority is satisfied that the applicant's written request has adequately addressed the matters required to be addressed by Clause 4.6 of the Sydney LEP 2012 and the proposed development would be in the public interest because it is consistent with the objectives of the Height of Buildings development standard and the B4 Mixed Use zone.
Carried unanimously.
D/2018/73