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Decisions published

28/04/2021 - Development Application: 63 Kensington Street, Chippendale - D/2020/1455 ref: 2794    Recommendations Determined

Decision Maker: Local Planning Panel

Made at meeting: 28/04/2021 - Local Planning Panel

Decision published: 28/04/2021

Effective from: 28/04/2021

Decision:

The Panel

(A)        noted and supported the comments of the Design Advisory Panel Residential Subcommittee of 2 March 2021;

(B)        noted the inadequate provision of bicycle parking having regard to the lack of motorcycle parking; and

(C)       refused consent for Development Application No. D/2019/1455  for the following reasons:

(i)          The proposal has not demonstrated that the boarding house would provide sufficient amenity for future occupants, in that:

(a)        the application has not demonstrated that appropriate acoustic conditions would be provided for boarding rooms and living areas;

(b)        the application has not provided communal living areas or private open space in accordance with the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009; and

(c)         the proposal has not demonstrated that it would provide suitable waste facilities.

(ii)         The proposal has not demonstrated that it would appropriately conserve the heritage significance of the existing building.

(iii)        The proposal has not demonstrated that the site is suitable for the proposed development.

Carried unanimously.

D/2019/1455

Lead officer: Shannon Rickersey


28/04/2021 - Development Application: 262 Liverpool Street, Darlinghurst - D/2020/1397 ref: 2793    Recommendations Determined

Decision Maker: Local Planning Panel

Made at meeting: 28/04/2021 - Local Planning Panel

Decision published: 28/04/2021

Effective from: 28/04/2021

Decision:

The Panel granted consent to Development Application No. D/2020/1397 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):

(2)     DESIGN MODIFICATIONS

The following design modifications are to be submitted to, and are be approved by, Council’s Area Planning Manager prior to a Construction Certificate for these works being issued:

(a)       The whole of the proposed lift assembly including the lift shaft, doors, connecting bridges, and handrails, proposed to the interior to the auditorium in the current form is not approved. The design of the lift structure is to be amended to ensure the lift assembly, car and bridges are as transparent as possible so as to minimise its impact on the significance of the interior space. In this regard and minimal including as follows:

(i)         Within the auditorium space, the revised design for the lift assembly and connecting bridges is to be as transparent as possible, utilising clear glazing for the shaft, the lift car and lift doors, and the balustrades.  Glazing should be frameless with the supporting structure, handrails and handrail supports located internal to the glazing. 

(ii)        The width of the bridges should be as minimal as feasible. The bridge floors should be glazed, with non-slip and obscure glazing as required.  The suspended ceilings under the bridges are to be deleted.  The main structural members could be inset so that the edges of the bridges are able to be as fine as possible.  Consideration is to be given to glass beams.

(iii)      The design of the structural members supporting the shaft and the bridges is to ensure the members are of a minimal cross-sectional size and that the profile of the members should be open rather than rectangular hollow sections.  The glazing should be external to all structure and be frameless.

(iv)      The handrails are to be designed to be as minimal as feasible and set behind frameless glazing, whilst complying with BCA and the Australian Standards. The material of the handrails is to be patinated bronze or an approved alternative.

(b)       The applicant is to explore a design to conceal the kitchen exhaust riser through the use of materials more sympathetic to the building.

(3)       DESIGN DETAILS

The following design details are to be submitted to, and are be approved by, Council’s Area Planning Manager prior to a Construction Certificate for these works being issued:

(i)         the proposed wall panel installation in the auditorium;

(ii)        the proposed operable curtain system dividing the entry hall;

(iii)      the three pairs of double doors located within existing openings on the western side of the entry hall providing access to the auditorium and the northern stair lobby; and

(iv)      the commercial office partitions within the main auditorium which are to be as transparent as feasible in the upper mezzanine which are limited to a maximum height of 1.5 metres from the finished floor level.

(4)       USE OF ENTRY HALL

(a)     The Entry Hall (also known as the Great Hall) shall only be used as an information and education facility as defined by the Sydney Local Environmental Plan 2012 in association with the charitable foundation use of the site.

(b)     The entry hall must not be operated as a function space for third party users that are not tenants of the site.

(c)     Any uses associated with (a) above after 6.00pm where food and drinks are available, shall be limited to a maximum of two (2) per calendar month.

(5)       USE OF ENTRY HALL KITCHEN

The commercial kitchen located in the north-eastern corner of the site adjacent to the Entry Hall shall only be used in association with the operation of the site and must not be utilised to produce food for home delivery services.

Remaining conditions to be renumbered accordingly.

(29)    TOILETS FOR FOOD HANDLERS

(a)     Adequate toilet facilities must be available for food handlers working for the food business.  Toilets and associated facilities must be provided in accordance with AS4674 – Design, Construction and Fit-out of Food Premises and the Australia New Zealand Food Standards Code, 3.2.3 - Food Premises and Equipment.

(b)     Details of the location of toilets which are provided exclusively for the use of food handlers and staff working at the business must be submitted for the approval of the Accredited Certifier prior to the issue of a Construction Certificate.

(c)     The toilet(s) must be provided with a hand wash basin, with hot and cold running water mixed through a common spout, hand wash soap, hygienic hand drying facilities and hands-free taps.

Reasons for Decision

The application was approved for the following reasons:

(A)      The Panel is satisfied that the provisions of clause 5.10(10) of Sydney Local Environmental Plan 2012 have been met by the proposal.

(B)      While office premises are not permitted within the R1 - General Residential zoning that applies to the site, the application is recommended for approval under clause 5.10.10 of the Sydney LEP 2012 as a positive heritage outcome is achieved. 

(C)      The proposed works are generally compatible with the heritage significance of the site, the exception being the proposed lift installation which is recommended to be addressed by conditions of consent.

(D)      The proposed uses are capable of being carried out on the site without resulting in significant adverse impacts on the surrounding properties.

(E)      With the exception of the kitchen exhaust all of the proposed works are internal to the existing building meaning that there are no additional bulk, overshadowing or streetscape impacts. Having regard to the matters listed in 6.21(4) of the LEP it is considered that the development (subject to conditions) exhibits design excellence. 

(F)      Approval of the application is in the public interest.

(G)      Conditions 2 and 3 were amended to allow the fit out works already well advanced to continue.

(H)      Condition 2(b) was added to mitigate the appearance of the kitchen exhaust riser, to be more sympathetic to the building.

(I)        Condition 3(iv) was amended to maximise awareness of ceiling space.

(J)       Condition 4(c) was added to preserve amenity for local residents.

(K)      Condition 5 was added to prevent vehicles associated with food delivery services crowding adjacent roadways and footpaths.

(L)       Condition 29 was amended to minimise any potential for unnecessary heritage impacts.

Carried unanimously.

D/2020/1397

Speakers

Mr Guy Luscombe (resident), Mr Rod Hanratty (resident), Mr Tim Brooker (resident), Ms Erin Fairs-Scherer (resident), Ms Jennifer Duncan (resident), Mr Nick Kidd (resident), Ms Kathryn Greiner (Paul Ramsay Foundation) – on behalf of the applicant, and Ms Cindy Penrose (Paul Ramsay Foundation) – on behalf of the applicant.

Lead officer: Patrick Quinn


28/04/2021 - Development Application: 119 Redfern Street, Redfern - D/2020/1158 ref: 2795    Recommendations Determined

Decision Maker: Local Planning Panel

Made at meeting: 28/04/2021 - Local Planning Panel

Decision published: 28/04/2021

Effective from: 28/04/2021

Decision:

Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, the Panel granted deferred commencement consent to Development Application No. D/2020/1158 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):

(2)        DESIGN MODIFICATIONS TO DEVELOPMENT

The proposal must be modified as follows: 

(a)        The proposed copper louvres of the upper portion of the proposed lift core tower are not approved. The tower capping above the brickwork base is to be clad in a copper sheet that retains a visual solidity (whilst being perforated if required) and faceting to provide an interpretation of the original faceted copper dome on the clocktower. This is subject to any changes that may result from the Section 60 approval;

(b)        The proposed metal screen gate on the George Street elevation is to be redesigned to a pattern that interprets the adjacent early railing and to include components that are of a dimensional cross section and length more consistent the components of the adjacent early railing. Main horizontal and vertical lines should be respected;

(c)         The proposal where it entails the removal of the eastern wall of the original rear entry porch is to be redesigned to provide interpretation of the original extent of the east wall by leaving the footprint of the wall in the south return wall un-rendered and the brick keys evident;

(d)        The proposed banner signs and supporting stem, and the fixings to the building and in particular the clocktower wall, are not approved and are to be deleted from the plans; and

(e)        The proposed external lighting is not approved.

The modifications are to be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate.

(32)     HISTORIC MARKER

A plaque of high-quality material (e.g. bronze or stainless steel) describing the history of the site and building must be installed on the facade of the building prior to an Occupation Certificate being issued. The design, location and wording must be submitted for the approval of Council’s Urban Design and Heritage Manager prior to manufacture and installation. The marker is to be incorporated into the heritage interpretation plan if a plan is required by this consent.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with the objectives of the B2 Local Centre zone contained within the Sydney Local Environmental Plan 2012.

(B)        The proposal is consistent with the objective of conserving the heritage significance of the subject state heritage item and demonstrates design excellence in accordance with Clause 5.10 and Clause 6.21 of the Sydney Local Environmental Plan 2012.

(C)       Subject to conditions, the development is consistent with the objectives of the Sydney Development Control Plan 2012.

(D)       Heritage Council NSW have issued General Terms of Agreement and these can be satisfied.

(E)        Based upon the material available to the Panel at the time of determining this application, the Panel 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 development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.3 of the Sydney LEP 2012; and

(ii)         the proposal is in the public interest because it is consistent with the objectives of the B2 Local Centre zone and the height of buildings development standard.

(F)        Conditions 2(a) and (b) were deleted as they conflicted with the designing with culture process that informed the lift core tower and gate design, and the ongoing cultural and community use of the building.

(G)       Condition 32 was deleted as condition 33 requires the preparation of a Heritage Interpretation Plan and appropriate recognition of the building’s history will be considered as part of the Plan along with the cultural and community use of the building.

Carried unanimously.

D/2020/1158

Speakers

Mr Chris McBride (City of Sydney) – on behalf of the applicant, and Mr Preston Peachey (City of Sydney) – on behalf of the applicant.

 

Lead officer: Lucy Broadwell