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Decision Maker: Local Planning Panel
Made at meeting: 09/06/2021 - Local Planning Panel
Decision published: 09/06/2021
Effective from: 09/06/2021
Decision:
The Panel granted consent to Development Application
No. strikethrough):
SCHEDULE 1B
PRIOR TO
CONSTRUCTION CERTIFICATE/COMMENCEMENT OF WORK/HEALTH AND BUILDING
(31A) PHYSICAL MODEL – PRIOR TO CC
(a) Prior to the issue of a Construction Certificate, an accurate 1:500
scale model of the approved development must be submitted to and approved by
Council’s Area Planning Manager/ Area Coordinator Planning Assessments for the
City Model in Town Hall House. The applicant may either update
the current physical model or provide a new model to reflect the approved
development.
Note:
(i)
The model must
be constructed in accordance with the Model Specifications available online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements
Council’s modellers must be consulted prior to construction of the model.
(ii)
The model is
to comply with all of the conditions of the Development Consent.
(36)
HERITAGE
CONSERVATION WORKS
(a)
Prior
to the issue of the Construction Certificate, a schedule of conservation works
to be undertaken concurrent with the works is to be submitted to Council’s
Heritage Specialist for approval.
(b)
The
schedule is to detail the conservation of all fabric identified as having a
heritage value which may include including but is
not limited to the
following: brickwork, architectonic features in Commonwealth Street façade and tiles. door and window joinery, glazing
and hardware.
(c)
The
schedule is to be supported by an outline of specifications, methodologies and
detailed architectural sections, elevations and plans at 1:20 and 1:5 scales.
The details should incorporate any structural and/or building services design
for the building.
(d)
The
proposed works are to be carried out in a manner that minimises demolition,
alterations and new penetrations/fixings to the significant fabric of the
existing building.
(e)
All
conservation and adaptation works are to be in accordance with the Articles of
the Australian ICOMOS Burra Charter 2013. Appropriately qualified contractors
and tradespersons are to be commissioned who are skilled in traditional
building and engineering trades to carry out the proposed scope of works within
the heritage building.
(f)
INSPECTION
AND APPROVAL: The conservation works are to be progressively inspected by, and
be implemented to the satisfaction of, Council’s Heritage Specialist prior to
the issue of the Occupation Certificate or commencement of the use, whichever
is the earlier.
(40)
DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(a)
Subject to the receipt of permission of the
affected landowner, dilapidation report/s, including a photographic survey of 133
Goulburn Street are to be prepared by an appropriately qualified structural
engineer prior to commencement of demolition/excavation works. A copy of the
dilapidation report/s together with the accompanying photographs must be given
to the above property owners, and a copy lodged with the Accredited Certifier
and the Council prior to the issue of a Construction Certificate.
UPON COMPLETION OF EXCAVATION/DEMOLITION
(b) A second Dilapidation Report/s, including a photographic survey, must then be submitted at least one month after the completion of demolition/excavation works. A copy of the second dilapidation report/s, together with the accompanying photographs must be given to the above property owners, and a copy lodged with the Principal Certifier and the Council prior to the issue of any Occupation Certificate.
Any damage to
buildings, structures, lawns, trees, sheds, gardens and the like must be fully
rectified by the applicant or owner, at no cost to the affected property owner.
Note: Prior to the commencement of the building surveys, the applicant/owner must advise (in writing) all property owners of buildings to be surveyed of what the survey will entail and of the process for making a claim regarding property damage. A copy of this information must be submitted to Council.
The application was approved for the following reasons:
(A) The development complies with the objectives of the B4 Mixed Use zone pursuant to the Sydney Local Environmental Plan 2012.
(B) The development complies with the Height of Buildings development standard pursuant to Clause 4.3 of the Sydney Local Environmental Plan 2012 and the Floor Space Ratio development standard pursuant to Clause 4.4 of the Sydney Local Environmental Plan 2012.
(C) The development exhibits design excellence and appropriately responds to the context of the site. The development is consistent with the desired future character of the area and satisfies the provisions of Clause 6.21 of the Sydney Local Environmental Plan 2012.
(D) The development is consistent with the objectives of the Sydney Development Control Plan 2012.
(E) The application is supported by a Detailed Environmental Site Investigation and Remediation Action Plan that demonstrate that the site can be made suitable for the proposed development, in accordance with State Environmental Planning Policy No. 55 - Remediation of Land.
(F) Issues raised in submissions have been considered and where appropriate addressed in the amended plans and/ or conditions of consent.
(G) Suitable conditions of consent are recommended and the development is considered to be in the public interest.
(H) Condition 31A was added as it was omitted from the recommended conditions in error.
(I) Condition 36 was amended in line with a request from the applicant, as the proposed development does not involve the conservation of such fabric.
(J) Condition 40 was added to protect adjoining buildings during construction.
Carried unanimously.
D/2020/1173
Speakers
Ross Whitelaw (Strata Plan 61162), Adrian Raschella, Tom Tindal,
Christophe Eymery, and Conrad Johnston (Fox Johnston) – on behalf of the
applicant.
Lead officer: Samantha Kruize
Decision Maker: Local Planning Panel
Made at meeting: 09/06/2021 - Local Planning Panel
Decision published: 09/06/2021
Effective from: 09/06/2021
Decision:
The Panel:
(A) supported the variation sought to the Floor Space Ratio development standard under Clause 4.4 of the Sydney Local Environmental Plan 2012, in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in the circumstances of this application; and
(B) granted
consent Development Application No. strikethrough):
(7)
VEHICLE ACCESS
Vehicle access
to the Stage 2 building must be provided on Arundel Road. The site must be
configured to allow all vehicles to be driven onto and off the site in a
forward direction.
The western
driveway on Arundel Road is to provide access to the subdivided site at the
southern end via the breakthrough panel of Stage 1 building basement car park.
This driveway will be shared between the two sites (Stage 1 building and Stage
2 building).
A deed and/or
suitable agreement of this easement arrangement must be prepared and accepted
between the parties prior to any construction works that relate to the
Stage 2 envelope. The details must be submitted to the Council with the
detailed Development Application for Stage 2 works.
(11) CONSTRUCTION PEDESTRIAN AND TRAFFIC MANAGEMENT PLAN
It is requested
that the applicant be conditioned to prepare a A draft
Construction Pedestrian and Traffic Management Plan (CPTMP) is to be
prepared and submitted as part of any Stage 2 detailed
development application.
Construction
Traffic and Pedestrian Management Plans are to be prepared in accordance with
Standard Requirements for Construction Traffic Management Plan on the City’s
website
(21) NOISE/SERVICE MANAGEMENT PLAN
The
applicant is required to undertake community consultation prior to the
preparation of the Noise/Service Management Plan.
A Noise and
Service Management Plan to minimise noise and late night interruptions in the
residential areas is to be prepared in consultation with Council and approved by
Council prior to the occupation of the Stage 1 building. The
content of this Plan must be complied with during the operation of the
ambulance station.
The Plan must
include, but is not limited to, management of large (MRV) single vehicle
movement on ramp, give way protocol to be followed in circulation ramp (if
any), lights/siren management on ambulance use, including emergency
operation by ambulance drivers of the Ross Street/Parramatta Road traffic
lights, light spill from vehicular headlights, roller door selection and
replacement, management of tandem spaces, training to the staff and
drivers and management of all deliveries to ensure vehicles are not waiting on
public streets to enter the site.
The Plan is to be
updated to include details of how complaints relating to noise will be
addressed and any noise control strategies that will be implemented to minimise
the potential for complaints.
Once approved,
this management plan and any updated revision of the Plan is to
be provided to external users of the site, Council and local residents.
(45) ROLLER DOOR SELECTION
To minimise
roller door noise impact to the nearest noise sensitive receivers, a quiet
roller door system is to be selected and insulators are to be installed on the
door fittings to avoid a rigid connection between roller door structure and
building elements, reducing structure borne noise emissions. The roller door
closing speed is to be controlled such that significant impact noise is not
emitted when the roller door leaf comes in contact with the floor.
This
applies to any replacement roller door system. The details of any replacement
roller door system are to be detailed in the Noise/Service Management Plan.
The application was approved for the following reasons:
(A) The proposed development is permissible with consent in the B7 Business Park zone.
(B) The proposed development complies with the 15m building height control under Clause 4.3 of the Sydney Local Environmental Plan 2012.
(C) The applicant's written request to vary the floor space ratio standard adequately addresses the matters required to be demonstrated by Clause 4.6(3) of the Local Environmental Plan. The applicant's request demonstrates that compliance with the floor space ratio development standard is unreasonable and unnecessary, and that there are sufficient planning grounds to justify contravening Clause 4.4 of the Local Environmental Plan. The proposal is also in the public interest because it is consistent with the objectives of the B7 Business Park zone and the floor space ratio development standard.
(D) The proposed development provides an appropriate architectural outcome that is suitable in terms of its scale, built form and response to the site's context. It is consistent with the desired future character of the area, as expressed in the applicable planning policies. As such, it is considered to satisfy the design excellence provisions under Clause 6.21 of the Sydney Local Environmental Plan 2012.
(E) The proposed development satisfies the relevant objectives and provisions of the Sydney Development Control Plan 2012.
(F) The proposed development will not unreasonably impact the amenity of surrounding residential properties.
(G) Condition 7 was amended to clarify the timing of the deed/agreement of the easement arrangement.
(H) Condition 11 was amended to provide clarity regarding the Construction Pedestrian and Traffic Management Plan for Stage 2 development.
(I) Condition 21 was amended to address local residents’ concerns.
(J) Condition 45 was amended to include the operation and replacement of the roller door.
The motion was carried on the following show of hands:
Ayes (3) The Chair (Mr Pearson), Ms Lochhead and Mr McInerney
Noes (1) Ms Murray.
Ms Murray was of the opinion that the potential impacts for residents on Arundel Street had not been satisfactorily mitigated to an extent that is reasonably practicable, considering the use of a left in left out driveway on Parramatta Road outside of peak hours of supported by Transport NSW and RMS could reduce the number of trips and potential impacts on sleep disturbance.
Motion carried.
D/2020/1088
Speakers
Councillor Jess Scully, Councillor Linda Scott, Harry Henshaw Hill,
Erin Henshaw-Hill, Persephone Tan, Gabrielle McCoy, Paul Fennessy,
Oliver Klein (_planning Pty Ltd) – on behalf of the applicant, Michael Smytheman (Health NSW) – on behalf of the applicant, Rhys
Hazell (GTA) – on behalf of the applicant and Jorge Reverter
(JHA Engineers) – on behalf of the applicant.
Lead officer: Lotti Wilkinson
Decision Maker: Local Planning Panel
Made at meeting: 08/06/2021 - Local Planning Panel
Decision published: 08/06/2021
Effective from: 08/06/2021
Decision:
The Panel granted consent to Development Application
No.
The application was approved for the following reasons:
(A) The amended condition for outdoor trading hours on a trial period basis will not have significant detrimental impacts on the amenity of neighbouring residential properties and complies with the provisions for Late Night Management Areas, and as such is consistent with the provisions of Sections 3.15 and 4.2.3 of the Sydney Development Control Plan 2012.
(B) The proposal is in keeping with the desired future character of the area and the objectives of the B8 Metropolitan Zone within the Sydney Local Environmental Plan 2012 which it is situated within, and is considered to be in the public interest.
(C) The development, as modified, is substantially the same as the development approved under D/2020/959 in accordance with Clause 8.3 (3) of the Environmental Planning and Assessment Act 1979.
Carried unanimously.
RD/2020/959/A
Speakers
Matt Hale, Angela Vithoulkas, Brett Robinson (The Point Group) –
on behalf of the applicant, and Michael Rowe (Ethos Urban) – on behalf of the
applicant.
Lead officer: Amy Douglas
Decision Maker: Local Planning Panel
Made at meeting: 08/06/2021 - Local Planning Panel
Decision published: 08/06/2021
Effective from: 08/06/2021
Decision:
The Panel granted consent to Section 8.2 Application No. RD/2020/941/A subject to the conditions set out in Attachment A to the subject report.
The application was approved for the following reasons:
(A) The development, as amended and subject to conditions, is consistent with the objectives of the R1 General Residential zone;
(B) The development is compatible with the character of the Glebe Point Road locality;
(C) The development, subject to conditions, will safeguard neighbourhood amenity;
(D) The development accords with objectives of relevant planning controls;
(E) The development will not adversely affect the character of the subject heritage item nor the Glebe Point Road heritage conservation area;
(F) Appropriate conditions have been imposed to ensure the development does not detrimentally impact on the heritage significance of the site; and
(G) Based
upon the material available to the
(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 floor space ratio development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.4 Floor space ratio of the Sydney LEP 2012; and
(ii) the proposal is in the public interest because it is consistent with the objectives of the R1 General Residential zone and the floor space ratio development standard.
Carried unanimously.
RD/2020/941/A
Lead officer: David Knight