Moved by the Chair (the Lord Mayor), seconded by Councillor Miller -
It is resolved that consent be granted to
Development Application Number strikethrough):
(6) LANDSCAPE DESIGN OF DEEP SOIL
(a)
Prior to the lodgement of any detailed development application
for the subject site commencement of any
demolition works a detailed landscape
design showing the final proposed treatment of the deep soil zone at the
northwestern corner of the site, must be submitted to and approved by Council’s
Executive Director City Planning Development & Transport
Trasnport. The Plan must:
(i) Replace the interim parking area with a landscaped deep soil area
(ii) Maintain the integrity of the area as a deep soil zone
(iii) Increase canopy cover within the site to meet the minimum 15% canopy cover as required within the DCP
(iv) Maximise biodiversity across the site
(v) Assist in the treatment of stormwater runoff
(9)
FLOOD ASSESSMENT,
FLOOD PLANNING & STORMWATER MANAGEMENT
The flood and
stormwater assessment report submitted with the DA, prepared by Northrop (Ref:
SY223190, Rev: B, dated 19 March 2025), is not approved. Prior to the lodgement of any detailed development application
for the subject site commencement of
any demolition works, a revised flood and stormwater assessment report
must be submitted to the City for review and approval. The revised report must
address the following:
(a)
Flood Mitigation
Measures
Incorporate the
modified version of FM-BB07, as adopted by the Floodplain Risk Management
Advisory Panel, from the Blackwattle Bay flood risk mitigation strategy. This
includes upgraded trunk drainage infrastructure to improve flood conditions
near and upstream of the depot site.
(b)
Local Drainage
Management Plan
Update the local
drainage management plan to include:
(i)
Assessment of any
expected rise in groundwater levels due to the proposed development.
(ii)
Measures to ensure
pedestrian safety during flood events.
(iii) Integration of drainage management responses
with open space areas.
(c)
DRAINS Modelling
Provide a revised
DRAINS model that complies with the Sydney Streets Technical Specifications,
including correct tailwater condition assumptions.
(d)
Finished Floor
Levels, Flood Planning Levels and Flood Depths
Include a plan
showing the finished floor levels (FFLs) of all proposed building entrances and
the corresponding 1% AEP flood levels and depths.
(e)
Compliance Table
Provide a compliance table that includes:
(i)
Relevant development
types.
(ii)
Reference to the City’s
Interim Floodplain Management Policy.
(iii) Proposed FFLs.
(iv) Confirmation of compliance with the Policy.
(10)
SERVICE VEHICLE
SIZE LIMIT
Vehicles regularly servicing the
property must not exceed a maximum length of 12.5 metres. The size of vehicles servicing the property
are to provide for a maximum length of 12.5m.
Reason
To maintain the orderly operation of vehicle
parking and loading areas.
(18)
CONSOLIDATION/SUBDIVISION
PLAN Prior to the commencement of any demolition works the following is to be
undertaken:
(a) A survey ‘Plan of
Consolidation/Subdivision of Lot 1 & 2 in DP87619 and Lot 1
in DP89317’ defining the boundaries of the subject site is to be carried out by
a Surveyor registered under the Surveying and Spatial Information Act 2002 and
registered at NSW Land Registry Services.
(b) Prior to the issue of
any occupation certificate for the eastern portion of the site. commencement
of any demolition works, the Consolidation Plan must be registered with
the office of NSW Land Registry Services. A copy of the new title must be
provided to the Principal Certifier prior to the commencement of any
demolition works. issue of any occupation
certificate for the eastern portion of the subject site.
Reason
To ensure the orderly development
of land. The proposal includes the demolition of buildings shown in registered
deposited plans on public record. It is necessary to have these buildings
measured and examined at NSW Land Registry Services and placed on public
record.
(20)
COMPLIANCE WITH
REG 63 OF THE SURVEYING AND SPATIAL INFORMATION REGULATION 2024
The Consolidation/Subdivision
plan must show offsets where appropriate to the final surfaces of the
any major structural components of the building that are located
within one metre of any proposed or existing vertical, horizontal or inclined
boundary or easement, sufficient to satisfy sub-clauses (i), (j), (k) & (l)
of Reg 63 of the Surveying and Spatial Information Regulation 2024 and to the
satisfaction of Council. All structural components of the buildings
located within one metre of any proposed or existing boundary must be fully
completed, with their final surfaces applied or constructed, prior to the
subdivision plan being finalised.
Reason
To ensure the integrity of the
Cadastre, compliance with the Regulation, and to inform lot owners and other
stakeholders.
(30)
Underground
petroleum storage system - decommissioning report - recommended by Rob Staker
(a)
The underground petroleum storage system must
be investigated for contamination in accordance with NSW EPA guidelines and a
site investigation report obtained from a suitably
qualified environmental consultant.
(b)
The report must be submitted to Council within 60
days of completion confirming that no site remediation is necessary, or
completion of any necessary remediation works. The report
must confirm that the site is suitable for continued approved land use or prior
approved remediation criteria.
Reason
To ensure the decommissioning
and/or removal of underground petroleum storage tanks is investigated and a
report is submitted to Council within 60 days of remediation works being
carried out to ensure that any contamination on the site is appropriately managed.
(31)
Contamination/remediation/decommissioning
of underground petroleum storage tanks - recommended by Rob Staker
(a) The removal of any underground petroleum
storage tanks must be carried out in accordance with SafeWork NSW, NSW EPA
requirements and all relevant EPA guidelines and Australian Standards.
(b) Before the Construction Certificate or
Occupation certificate, installation of a new underground petroleum storage
system (UPSS), the UPSS and any associated contamination must be remediated in
accordance with the approved Remediation Action Plan, prepared by insert name
dated insert date reference insert reference, and in compliance with AS
4976–2008.
(c) The UPSS and any
associated contamination must be remediated in accordance with the approved
Remediation Action Plan. Remediation must be supervised by a suitably qualified professional in
accordance with the Protection of the Environment Operations (Underground
Storage Systems) Regulation 2019.
(d) Validation of the UPSS removal and remediation
or decommissioning must be documented in a final validation report.
(e) The validation report must be:
(f)
Submitted to Council no later than 60 days after the UPSS has been
removed or decommissioned;
(g) Retained for a minimum of seven years from the
date of creation or tank decommissioning;
(h) Prepared in accordance with relevant NSW EPA
guidelines and the Protection of the Environment Operations (Underground
Storage Systems) Regulation 2019.
Reason
To ensure the removal of
underground petroleum storage tanks is appropriately managed.
(34)
UTILITY SERVICES
To
ensure that utility authorities are advised of the development:
(a) Prior to the issue of any
construction certificate for the eastern portion of the subject site. the
commencement of any demolition works a survey is
to be carried out of all utility services within and adjacent to the site
including relevant information from utility authorities and excavation, if
necessary, to determine the position and level of services.
(b) Prior to the any
construction certificate for the eastern portion of the subject site
the applicant is to obtain written approval from the utility authorities (e.g.
Energy Australia, Sydney Water, and Telecommunications Carriers) in connection
with the relocation and/or adjustment of the services affected by the
construction of the underground structure. Any costs in the relocation,
adjustment or support of services are to be the responsibility of the
developer.
Reason
To ensure that utility
authorities are advised of the development and their approval is obtained in
connection with the relocation and/or adjustment of services affected by the
development.
(35)
PUBLIC DOMAIN
LEVELS AND GRADIENTS - MAJOR
Prior to lodgement of any detailed development application
for the subject site commencement of any demolition works, a Public Domain Levels and Gradients submission for
the building and site frontages must be submitted to and approved by the City’s
Public Domain Unit. The submission must be
prepared in accordance with the City’s Public
Domain Manual and submitted with a completed Application for Public Domain Levels and Gradients.
Information on how to complete the submission can be
downloaded from the City’s website at https://www.cityofsydney.nsw.gov.au/development/public-domain-works/da-associated-works.
Any requirements to comply with Disability
Discrimination Act at the entrance to a building or publicly accessible space
must be resolved inside the site boundary.
Note: Public Domain Levels and Gradient plans are
to be included with the Public Domain Plan – Detailed Documentation for
Construction condition submission.
Reason
To ensure public domain levels and gradients comply
with Council’s requirements.
(36)
STORMWATER
DRAINAGE DESIGN
Prior to lodgement
of any detailed development application for the subject site commencement of any demolition works a detailed stormwater
management plan prepared by suitable qualified and experienced professionals
must be submitted to and approved by the City’s Public Domain Unit and must
include:
(i)
Council’s
Sydney Streets Technical Specifications, Part A4 Drainage Design;
(ii)
Council’s
Sydney Streets Technical Specifications, Standard Drawings;
(iii) Council’s Sydney Streets Technical Specifications,
Part B10: Stormwater Drainage Construction;
(iv) Council’s Stormwater
Drainage Manual; and
(v) All relevant Australian
Standards.
This information is available
for download from the City’s website at https://www.cityofsydney.nsw.gov.au/development/public-domain-works/da-associated-works.
Note: A Deed of Agreement
(Stormwater Deed) for all proposed connections to the City’s drainage system,
and a Positive Covenant for all OSD systems may be required prior to issue
of the final occupation certificate for the detailed development application
for the eastern portion of the subject site.
(37)
STORMWATER QUALITY
ASSESSMENT
The development must comply with MUSIC Link Report
dated 26/09/2025 approved with this development application.
Prior to lodgement
of any detailed development application for the site the
commencement of any demolition works, a design
certification report prepared by a suitably qualified practitioner engineer
(NPER) demonstrating compliance with approved music link targets and parameters
must be submitted to and approved by the City’s Public Domain Unit.
The report must include a response to all stormwater
quality improvement devices structural integrity, treatment train and their
treatment properties demonstrating compliance with the approved MUSIC link
reports.
Reason
To ensure appropriate stormwater
quality on the site.
(42)
HERITAGE
INTERPRETATION PLAN
(a) An interpretation plan must
be submitted to and approved by Council’s Area Planning Manager prior to lodgement
of any detailed development application for the subject site the
commencement of any demolition works. The plan is to be prepared
by a suitably qualified and experienced heritage practitioner or historian.
(b) The interpretation plan must
detail how information on the history and significance of the site,
particularly in relation to the buildings being demolished will be provided for
the public and make recommendations regarding public accessibility, signage and
lighting. Public art, details of the heritage design, the display of selected
artefacts are some of the means that can be used.
(c) The plan must specify the
location, type, making materials and contents of the interpretation device
being proposed.
Reason
To ensure that the heritage of
the site is appropriately interpreted and incorporated into the development.
The application was approved for the following reasons:
(A) The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the imposition of appropriate conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Central Sydney Planning Committee.
(B) The proposal generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.
(C) The proposal is consistent with the objectives of the MU1 Mixed-Use zone.
(D) The proposed development has acceptable impacts on the heritage significance of the heritage items within the development site. The development is in accordance with the aims and objectives for heritage conservation provided in Clause 5.10 of the Sydney Local Environmental Plan 2012.
(E) Subject to compliance with the Design Excellence Strategy, dated November 2025, prepared by Chief Operations Office City of Sydney on behalf of the City of Sydney and the undertaking of a competitive design process, and compliance with the recommended conditions of consent, the development is considered to exhibit design excellence, consistent with the provisions of Clause 6.21C of the Sydney Local Environmental Plan 2012.
(F) The proposed development is unlikely to result in any significant adverse environmental or amenity impacts on surrounding properties, the public domain, and the broader locality, subject to conditions.
(G)
The public interest is served by the
approval of the proposal, as amendments to the development application have
addressed the matters raised by the City and the community, subject to
recommended conditions imposed relating to
remediation, heritage conservation, design excellence, and site access.
(H)
Conditions 6,
9, 18, 20, 34, 35, 36, 37 and 42 were amended to avoid unnecessary delay of
stage 1 demolition works.
(I)
Condition 10
was amended to enable one-off deliveries by vehicles larger than 12.5m.
(J)
Condition 30
was deleted as no underground petroleum storage system is proposed as part of
this development application.
(K)
Condition 31
was amended to remove requirements for underground petroleum storage system
installation as this is not included in the proposal.
Carried unanimously.
D/2025/276