The Panel:
(A) upheld the variation requested to Clause 4.3 (Height of Buildings) in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Sydney Local Environmental Plan 2012
(B) upheld the variation requested to Clause 4.4 (Floor Space Ratio) in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Sydney Local Environmental Plan 2012
(C)
pursuant to Section 4.16(3) of the Environmental
Planning and Assessment Act 1979, granted a deferred commencement consent to
Development Application Number strikethrough):
(1)
APPROVED
DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2025/1026 dated 27 October 2025 and the following drawings prepared by McGregor Westlake Architecture:
|
Drawing Number |
Drawing Name |
Date |
|
03 (Revision J) |
Demolition Plans |
21/8/2026 |
|
04 (Revision J) |
Demolition Sections |
21/8/2026 |
|
05 (Revision I) |
Basement 3 |
17/7/2026 |
|
06 (Revision H) |
Basement 2 |
17/7/2026 |
|
07 (Revision L) |
Lower Ground Floor Plan / Basement 1 |
21/8/2026 |
|
08 (Revision K) |
Ground Floor Plan |
21/8/2026 |
|
09 (Revision I) |
Level 1 Plan |
22/7/2026 |
|
10 (Revision |
Level 2 Plan |
27/8/2026 |
|
11 (Revision H) |
Level 3 Plan |
17/7/2026 |
|
12 (Revision H) |
Level 4 Plan |
17/7/2026 |
|
13 (Revision H) |
Level 5 Plan |
17/7/2026 |
|
14 (Revision H) |
Roof Plan |
17/7/2026 |
|
15 (Revision H) |
Streetscape Elevations – Darlinghurst Road |
17/7/2026 |
|
16 (Revision H) |
East Elevation – Darlinghurst Road |
17/7/2026 |
|
17 (Revision |
North Elevation – Earl Street |
27/8/2026 |
|
18 (Revision H) |
West Elevation |
17/7/2026 |
|
19 (Revision H) |
South Elevation |
17/7/2026 |
|
20 (Revision H) |
Section 1 |
17/7/2026 |
|
21 (Revision K) |
Section 2 |
21/8/2026 |
|
22 (Revision L) |
Section 3 & 4 |
21/8/2026 |
|
23 (Revision H) |
Finishes Schedule |
17/7/2026 |
|
53 (Revision H) |
Secure Lockable Storage Facilities 1 |
17/7/2026 |
|
54 (Revision H) |
Secure Lockable Storage Facilities 2 |
17/7/2026 |
|
57 (Revision H) |
Bed Types and Room Sizes |
17/7/2026 |
and as amended by the conditions of this consent.
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the drawings will prevail.
Reason
To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.
The
development must be modified as follows:
(a) The extended footpath, kerb, gutter and pram ramp annotated on Earl Street are not
approved under this development consent and must be removed from the
architectural drawings.
(b) No demolition of the existing shopfront glazing which projects into Stratum Lot 2 (the Sydney Trains Pedestrian arcade) is approved. The existing ground floor demolition plan must be amended to reflect this and align with the approved proposed floor plan.
(c) Details of how the lightwell will be drained are to be shown on the drawings.
The
modifications are to be submitted to and approved by Council’s Area Planning
Manager prior to the issue of any Construction Certificate.
Reason
To
require amendments to the approved plans and supporting documentation following
assessment of the development.
(2A) LIGHTWELL MAINTENANCE
(a)
Access to the lightwell through the service
door is to be limited strictly to maintenance purposes.
(b)
Access is to be undertaken only by the
owner, building manager, maintenance contractor or other authorised person.
(c)
The service door is to remain closed and
secured when not being used for authorised maintenance.
(d)
The lightwell is to be kept clean, free of
rubbish, debris, leaves and accumulated water.
(e)
Any drainage points, grates and outlets are
to be kept clear and maintained in working order.
Reason
To ensure access to the lightwell is only
for maintenance purposes and is adequately maintained.
(3)
WINDOWS – OBSCURE
GLAZING AND PRIVACY FILM
(a) The glass block windows to the Earl Street facade, lightwell and the lift lobby on Level 1 above the pedestrian arcade are to be installed with obscure glass blocks.
(b) The windows on the north-western boundary to rooms 1.01, 2.01, 3.01, 4.01 and 5.01 are to be installed with privacy film to a height of 1.6m above the finished floor level of each floor.
Reason
To achieve acceptable visual privacy
protection.
(3A)
EXCAVATION – NOT APPROVED
No excavation is approved under this development
consent. Should excavation be required, an application must be submitted to
Council for assessment.
Reason
To clarify the scope of the consent.
(3B)
USE AND FIT-OUT OF RETAIL PREMISES – NOT APPROVED
The use and fit-out of the retail premises
are not approved under this development consent. A separate development
application shall be submitted for the fit-out and use of the retail premises
on the site.
Reason
To clarify the scope of the consent.
(13) PLAN OF MANAGEMENT
(a) The Plan of Management submitted with this application dated 19 March 2026 is not approved. The Plan of Management must be updated to include the minimum criteria as stipulated in Council’s Sydney Development Control Plan 2012 – Section 4.4.8 and address the following:
(i)
provision of strengthened access control for all guest floors, communal
areas, and storage spaces
(ii)
provision of enhanced CCTV coverage and lighting throughout internal and
external areas, including the Earl Street entrance
(iii)
provision of clear signage outlining behavioural expectations, visitor
rules, and safety information
(iv)
regular maintenance and security checks to ensure all safety features
remain functional
(v)
provision of guest information on e-bike safety and NSW road rules
(vi)
ongoing communication with local police regarding incidents and emerging
issues
(vii)
operational practices that acknowledge the surrounding dense residential
area, including measures to minimise noise, antisocial behaviour, and
late-night disturbances
(viii)
operational hours for the entrance to the backpacker accommodation
entrance from the Sydney Trains pedestrian arcade and how this will be managed
(ix)
deletion of reference to the arcade entry for the backpackers
accommodation
(x)
the management measures outlined in the approved acoustic report,
including hours of use limited to 7am-10pm for the rooftop communal space,
maximum limit of 14 people within the rooftop communal outdoor area at any one
time, no amplified music to be used in the outdoor communal area and no parties
permitted on the rooftop area
(xi)
details of lighting to the rooftop area and Earl Street entrance, including type of lighting proposed, hours
of operation, and specifying compliance with Australian Standard 4282-2023
"Control of the Obtrusive Effects of Outdoor Lighting”
(xii)
provision of an incidents and complaints register which must be made
available to Council officers on request
(xiii)
a manager being onsite 24 hours a day
(xiv)
a 24-hour resident contact for any complaints and concerns in relation
to operation of the premises
(xv)
the onsite manager is to ensure no gatherings of guests in the public
domain adjacent to the entrance or in the vicinity along Earl Street
The updated Plan of Management must be
submitted to and approved by Council’s Area Planning Manager prior to the issue
of an Occupation Certificate.
(b) The use must always be operated / managed in accordance with the approved Plan of Management.
Reason
To require
amendments to the Plan of Management following assessment of the development.
(21A)
MECHANICAL PLANT
Prior to the issue
of a Construction Certificate, details of all mechanical plant associated with
the development, including its location, height and acoustic treatment, are to
be submitted to and approved by Council. The mechanical plant must be contained
within the approved building envelope and must not result in any additional
exceedance of the approved building height.
Reason
To ensure that mechanical
plant does not result in adverse amenity impacts.
(42A)
DEMOLITION AND CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN
A
site-specific noise management plan must be submitted to the Council for
comment and approval prior to issue of any Construction Certificate. The Plan
must be prepared by a suitably qualified acoustic consultant who is a person
who possesses the qualifications to join the Australian Acoustic Society,
Institution of Engineers Australia (grade of member) or the Association of Australasian
Acoustic Consultants (grade of member firm). The plan must include but not be
limited to the following:
(a) identification
of noise sensitive receivers near to the site
(b) a
prediction as to the level of noise impact likely to affect the nearest noise
sensitive receivers from the use and proposed number of high noise intrusive
appliances intended to be operated onsite. A statement should also be submitted
outlining whether or not predicted noise levels will comply with the noise
criteria stated within the City of Sydney Construction Hours / Noise Code of
Practice 1992 for the typical construction hours of 07:00am to 07:00pm. Where
resultant site noise levels are likely to be in exceedance of this noise
criteria then a suitable proposal must be given as to the duration and
frequency of respite periods that will be afforded to the occupiers of the
neighbouring property
(c) a
representative background noise measurement (LA90, 15 minute) should be submitted, assessed in
the vicinity of any potentially affected receiver locations and measured in
accordance with AS 1055:1.2.1997
(d) confirmation
of the level of community consultation that has / is and will be undertaken
with Building Managers / occupiers of the main adjoining noise sensitive
properties likely to be most affected by site works and the operation of
plant/machinery particularly during the demolition and excavation phases
(e) confirmation
of noise monitoring methodology that is to be undertaken during the main stages
of work at neighbouring noise sensitive properties in order to keep complaints
to a minimum and to ensure that noise from site works complies with the noise
criteria contained within City’s Construction Noise code
(f)
what course of action will be
undertaken following receipt of a complaint concerning offensive noise
(g) details
of any noise mitigation measures that have been outlined by an acoustic
consultant or otherwise that will be deployed on site to reduce noise impacts
on the occupiers of neighburing noise sensitive
property to a minimum
(h) what
plant and equipment is to be used on site, the level of sound mitigation
measures to be undertaken in each case and the criteria adopted in their
selection taking into account the likely noise impacts on the occupiers of
neighbouring property and other less intrusive technologies available
Reason
To
ensure an adequate construction noise and vibration management plan is
prepared.
(46A) HAZARDOUS MATERIALS SURVEY REQUIRED
A
Hazardous Materials Survey Report must be prepared by a certified Occupational
Hygienist (Australia Institute of Occupational Hygienists) and submitted to the
satisfaction of Council’s Area Planning Manager prior to any demolition /
refurbishment work commencing at the site. The report must identify and record
the type, location and extent of any hazardous materials on the site and make
recommendations as to their safe management and/or removal to ensure the site is
made safe for demolition, construction and future use/occupation.
Reason
To
ensure that hazardous materials on the site are identified and appropriately
managed.
(46B) DEMOLITION AND CONSTRUCTION MANAGEMENT
(a) Prior
to the commencement of demolition work the following details must be submitted
to and be approved by the Principal Certifier:
(i) plans and elevations showing distances of
the subject building from the location of adjoining and common/party walls, and
(where applicable) the proposed method of facade retention
(ii) a Demolition Work Method Statement prepared
by a licensed demolisher who is registered with SafeWork NSW (the demolition by
induced collapse, the use of explosives or on-site burning is not permitted)
(iii) a Waste and Recycling Management Plan –
Demolition and Construction for the demolition works associated with the
proposed development
(iv) plans and elevations showing the location, construction
and installation of temporary site fencing and any construction related
temporary structures placed on and/or above roads used in connection with the
development
Note: Construction
related temporary structures, including hoardings and scaffolding, proposed for
erection on and/or above City-owned and controlled land (footways and
roadways), and other activities, must comply with Council’s Code of Practice:
Construction related Temporary Structures On and Above Roads and the Code of Practice:
Hoisting and Construction Activities On and Above Roads including obtaining all
required approvals from Council under the provisions of the Local Government
Act 1993 and the Roads Act 1993 prior to installation.
(b)
Such
statements must, where applicable, be in compliance with AS2601-2001 Demolition
of Structures, the Work, Health and Safety Act 2011 and Regulation; Council’s
Guidelines for Waste Management in New Developments 2018, the Waste Avoidance
and Resource Recovery Act 2001, and all other relevant acts and regulations and
must include provisions for:
(i) a
Materials Handling Statement for the removal of refuse from the site in
accordance with the Waste Avoidance and Resource Recovery Act 2001
(ii) the
name and address of the company/contractor undertaking demolition works
(iii) the
name and address of the transport contractor
(iv) the
type and quantity of material to be removed from site
(v) location
and method of waste disposal and recycling
(vi) proposed
truck routes, in accordance with this development consent
(vii) procedures
to be adopted for the prevention of loose or contaminated material, spoil, dust
and litter from being deposited onto the public way from trucks and associated
equipment and the proposed method of cleaning surrounding roadways from such
deposits. (Note: With regard to demolition of buildings, dust emission must be
minimised for the full height of the building. A minimum requirement is that
perimeter scaffolding, combined with chain wire and shade cloth must be used,
together with continuous water spray during the demolition process. Compressed
air must not be used to blow dust from the building site)
(viii) measures
to control noise emissions from the site
(ix) measures
to suppress odours
(x) enclosing
and making the site safe
(xi) induction
training for on-site personnel
(xii) written
confirmation that an appropriately qualified Occupational Hygiene Consultant has
inspected the building/site for asbestos, contamination and other hazardous
materials, in accordance with the procedures acceptable to SafeWork NSW
(xiii) an
Asbestos and Hazardous Materials Clearance Certificate by a person approved by
the SafeWork NSW
(xiv) disconnection
of utilities
(xv) firefighting
(firefighting services on site are to be maintained at all times during
demolition work. Access to fire services in the street must not be obstructed)
(xvi) access
and egress (demolition activity must not cause damage to or adversely affect
the safe access and egress of the subject building or any adjacent buildings)
(xvii) waterproofing
of any exposed surfaces of adjoining buildings
(xviii) control of water pollution and
leachate and cleaning of vehicles tyres (proposals must be in accordance with
the Protection of the Environmental Operations Act 1997)
(xix) working
hours, in accordance with this development consent
(xx) any
SafeWork NSW requirements
(c)
The
approved work method statements and a waste management plan as required by this
condition must be implemented in full during the period of construction.
(d)
All
waste records from the recycling and/or disposal of any demolition and
construction waste generated from the works must be retained on site. These
records must be available for sighting on request by an authorised Council
officer.
Reason
To ensure that impacts arising from
demolition, excavation and construction are appropriately managed.
(61A) COVERING OF LOADS
All
vehicles involved in the demolition process and departing the property with
demolition materials, spoil or loose matter must have their loads fully covered
before entering the public roadway.
Note:
Refer to the City’s ‘Code of Practice:
Hoisting and Construction Activities On and Above Roads’ for further
information and requirements.
Reason
To
ensure loads are managed appropriately and do not impact local amenity.
(61B) COMPLIANCE WITH DEMOLITION & CONSTRUCTION NOISE AND VIBRATION
MANAGEMENT PLAN
(a)
All
works conducted on site which form part of this development must be carried out
in accordance with the submitted and approved Demolition and Construction Noise
and Vibration Management Plan required under Condition 42A above.
(b)
Where
all such control measures have been implemented and the resultant noise and/ or
vibration levels at any sensitive receiver still exceed the council’s
applicable criteria stated in the Construction Hours/Noise Code 1992 and are giving
rise to sustained complaints then the contractor must provide regular,
appropriate and sustained periods of respite in consultation with Council’s
Health and Building unit. Approval to vary the authorised noise and vibration
levels must be received in writing by the proponent from Council prior to
activities being undertaken that exceed sanctioned emission levels. (Use where
respite periods not specified under the approved DEC NMP)
Such periods must be set and agreed to by Council’s Health and Building
Unit.
Note:
Refer to the City’s ‘Code of Practice:
Hoisting and Construction Activities On and Above Roads’ for further
information.
Reason
To
ensure all parties are aware of the supporting documentation that applies to
the development.
(72A) COMPLIANCE WITH HAZARDOUS MATERIALS SURVEY REPORT
All of
the recommendations for management and/or removal of hazardous materials on the
site, as outlined in the Hazardous Materials Survey Report, as approved by Council’s
Area Planning Manager or Area Coordinator Planning Assessments upon
satisfaction of the ‘HAZARDOUS MATERIALS SURVEY REQUIRED’ condition of this
consent must be complied with.
Prior to
the issue of any Occupation Certificate, certification must be submitted to the
Principal Certifier from a certified Occupational Hygienist (Australia
Institute of Occupational Hygienists) confirming that all hazardous materials
identified have been contained, managed or removed in accordance with the recommendations
given in the approved Hazardous Materials Survey Report approved by Council’s
Area Planning Manager upon satisfaction of the ‘HAZARDOUS MATERIALS SURVEY
REQUIRED’ condition of this consent and that the site is safe for future
occupation in accordance with the approved use.
Reason
To
ensure that hazardous materials on the site are appropriately managed.
(72B)
SURVEY CERTIFICATE AT COMPLETION
Prior to
the issue of any Occupation Certificate, a Final Survey Plan and Certificate prepared
and signed by a Surveyor, registered under the Surveying & Spatial
Information Act, 2002 must be submitted at the completion of the building work
certifying the location and height of the building, and showing offsets, in
relation to the boundaries of the allotment.
Reason
To
ensure the development does not encroach onto neighbouring properties and is in
accordance with the approved plans.
(a) CCTV
surveillance cameras must be strategically installed, operated and maintained throughout
the premises with coverage to:
(i) All
entrance/s and exits used by the public including a 10m radius of these
entrance/s and exits;
(ii) all
areas within the premise occupied by the public (excluding toilets).
(b) All
CCTV recording equipment and cameras must be of high-grade digital quality
capable of establishing the population and identification of patrons, offenders
and incidents within the depth of field view of the cameras.
(c) CCTV recordings
must be retained for 28 days before being re-used, destroyed or deleted. Time
and date must be automatically recorded. The CCTV recording equipment must be
capable of reproducing a digital copy.
(d) All
CCTV recording devices and cameras must be checked to ensure the equipment is
operating correctly.
(e) When
the premises is operating there must be at least one staff member present at
the premises who is authorised to access the CCTV system and able to immediately
review recordings and produce copies.
Reason
To
ensure the safety and security of staff, patrons and the surrounding
neighbourhood is adequately monitored and maintained.
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 recommended conditions of consent, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Local Planning Panel.
(B) Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:
(i) the applicant has demonstrated that compliance with the height of buildings development standard in Clause 4.3 of the Sydney Local Environmental Plan 2012 is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of Clause 4.6(3) of the Sydney Local Environmental Plan 2012; and
(ii) the proposal is in the public interest because it is consistent with the objectives of the E1 Local Centre zone and the height of buildings development standard.
(C) Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:
(i) the applicant has demonstrated that compliance with the floor space ratio development standard in Clause 4.4 of the Sydney Local Environmental Plan 2012 is unreasonable or unnecessary in the circumstances and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of Clause 4.6(3) of the Sydney Local Environmental Plan 2012; and
(ii) the proposal is in the public interest because it is consistent with the objectives of the E1 Local Centre zone and the floor space ratio development standard.
(D) The development is permissible with consent in the E1 - Local Centre zone and is consistent with the objectives of the zone.
(E) The proposal has been assessed against the aims and objectives of the relevant planning controls including the Sydney Local Environmental Plan 2012, the Sydney Development Control Plan 2012, and the applicable Environmental Planning Instruments. Where non-compliances are proposed, they have been assessed in this report as being acceptable in the circumstances of the case or can be resolved by the recommended conditions of consent.
(F) The development will not detrimentally impact the heritage significance of the Potts Point Heritage Conservation Area.
(G) The development is consistent with the character of the Kings Cross locality.
(H) The proposed development demonstrates design excellence in accordance with the relevant provisions and matters for consideration in clause 6.21C of the Sydney Local Environmental Plan 2012.
(I) The development, subject to conditions, will not unreasonably compromise the amenity of the surrounding area.
(J) The development, subject to conditions, is in the public interest.
(K) Condition 1 was amended to include reference to the updated architectural drawing and updated floor plan, to correct inconsistencies.
(L) Condition 2 was amended as lightwell drainage details were not submitted for assessment as part of the development application.
(M) Condition 2A was added as lightwell maintenance details were not submitted as part of the development application.
(N) Condition 3 was amended to ensure that privacy impacts will be acceptable.
(O) Condition 3A was added to clarify that excavation is not approved under this development consent.
(P) Condition 3B was added to clarify that no fit-out and use of the retail premises on the site is approved.
(Q) Condition 13 was amended to reflect changes to the application on 21 August 2026, removing reference to the use of the backpacker accommodation from the Sydney Trains Pedestrian arcade, and to address neighbouring residents’ amenity concerns.
(R) Condition 21A was added as the mechanical plant details have not yet been finalised.
(S) Conditions 42A, 46A, 46B, 61A, 61B, 72A and 72B were added to correct administrative errors of omission.
(T) Condition 77 was deleted as provision of CCTV is addressed under Condition 13.
Carried unanimously.
D/2025/1026