The Panel:
(A) upheld the variation requested to Clause 4.3 Height of buildings development standard 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; and
(C) granted
consent to Development Application Number D/2025/1006 subject to the reasons
below and the conditions set out in Attachment A to the subject report and
subject to the following amendments (additions shown in bold italics, deletions
shown in strikethrough):
(2) HOUSING
AND PRODUCTIVITY CONTRIBUTION
Before the issue of any Construction Certificate the housing and productivity contribution (HPC) set out in the table below is required to be made.
|
Housing and productivity
contribution |
Amount |
|
Housing and productivity contribution (base component) |
$127,925.46 |
|
Transport project component |
- |
|
Total housing and productivity contribution |
$127,925.46 |
The HPC must be paid using the NSW planning portal.
At the time of payment, the amount of the HPC is to be adjusted in accordance with the Environmental Planning and Assessment (Housing and Productivity Contributions) Order 2024 (HPC Order).
The HPC may be made wholly or partly as a non-monetary contribution (apart from any transport project component) if the Minister administering the Environmental Planning and Assessment Act 1979 agrees.
The HPC is not required to be made to the extent that a planning agreement excludes the application of Subdivision 4 of Division 7.1 of the Environmental Planning and Assessment Act 1979 to the development, or the HPC Order exempts the development from the contribution.
The amount of the
contribution may be reduced under the HPC Order, including if payment is made
before 1 July 2025.
Reason
To require contributions towards the provision of regional infrastructure.
(4)
BUILDING HEIGHT
(a) The height of the building must not exceed
RL 48.26 48.41 (AHD) to the top of the new building
additions.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with (a) above, to the satisfaction of the Principal Certifier.
Reason
To ensure the constructed development complies with the approved height.
(5) FLOOR SPACE RATIO - ALL OTHER AREAS
The following applies to Floor Space Ratio:
(a) The Floor Space Ratio for the business
use must not exceed 2.46:1.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Gross Floor Areas (by use) in the development, utilising the definition under Sydney Local Environmental Plan 2012, applicable at the time of development consent, to the satisfaction of the Principal Certifier.
Reason
To ensure the constructed development complies with the approved floor space ratio.
(9) SERVICE VEHICLE SIZE LIMIT
The size of vehicles
servicing the property must be a maximum length of 6.4m and a maximum height of
2.2m 2.6m.
Reason
To maintain the orderly operation of vehicle parking and loading areas.
(17) TREE(S) APPROVED FOR REMOVAL
(a) The tree(s) detailed in Table below are approved for removal. Tree removal must not occur until the Construction Certificate has been issued.
Table 1 – Tree Removal:
|
Tree Number |
Species: |
Location |
|
3 |
Elaeocarpus reticulatus (Blueberry Ash) |
SW corner boundary |
|
6 |
Banksia integrifolia (Coastal Banksia) |
Northern boundary - Leichhardt St |
|
7 |
Banksia integrifolia (Coastal Banksia) |
Northern boundary - Leichhardt St |
|
10 |
Corymbia cirtiodora (Lemon-scented Gum) |
Northern boundary - Leichhardt St |
|
12 |
Corymbia cirtiodora (Lemon-scented Gum) |
Northern boundary - Leichhardt St |
|
13 |
Melaleuca bracteata (Black Tea Tree) |
Northern boundary - Leichhardt St |
|
14 |
Melaleuca bracteata (Black Tea Tree) |
Northern boundary - Leichhardt St |
|
20 |
Banksia integrifolia (Coastal Banksia) |
Southern boundary |
|
20A |
Acacia sp. (Wattle) |
Southern boundary |
|
24A |
Lemon Scented Gum |
Southern boundary |
|
25 |
Corymbia cirtiodora (Lemon-scented Gum) |
Southern boundary |
(b) Tree removal works must be carried out by a qualified Arborist (minimum AQF Level 3) and in accordance with SafeWork's Code of Practice - Amenity Tree Industry.
Reason
To identify the trees that can be removed.
(24) ALLOCATION OF PARKING
The number of car parking spaces to be provided for the development must comply with the table below. Details confirming the parking numbers must be submitted to the satisfaction of the Registered Certifier prior to the issue of a Construction Certificate.
|
Car Parking Type |
Number |
|
Residential spaces |
23 |
|
Residential small car spaces |
|
|
Accessible residential spaces |
5 |
|
Service vehicle spaces |
1 |
|
Motorcycle parking |
1 |
Reason
To ensure the allocation of parking is in accordance with the Council’s DCP.
(58) COMPLIANCE WITH ARBORIST’S REPORT
(a) All recommendations, Tree Protection
Specifications (TPS), Tree Protection Plan (TPP) and Methodology Statements
contained in the approved Arboricultural Report prepared by Tree Wise Me, Dated
4 July 2025 15 September 2025, must be implemented during
the demolition, construction and use of the development.
Reason
To ensure that works affecting trees are carried out in an appropriate manner and in accordance with the approved arborist’s report.
(83) LOADING DOCK SCHEDULE/REGISTER
The on-site small rigid vehicle loading bay space is also to be available for all residents for use by removal vehicles, bulky good deliveries and similar. This shall be managed either by a schedule showing residents when they can use the dock, or by a register managed on site to allow residents to reserve a time period for their deliveries.
The size of vehicles
accessing this loading bay must be a maximum length of 6.4m and maximum height
of 2.2m 2.6m.
This information is to be made available to all residents/tenants of the building.
Reason
To ensure that the loading bay space is appropriately managed.
The application was approved for the following reasons:
(A)
Based upon the material available to the
(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.
(ii) 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.
(B) The proposal exhibits design excellence in accordance with the requirements contained in Clause 6.21C of Sydney Local Environmental Plan 2012.
(C) The proposal retains the heritage significance of the site being a local heritage item.
(D) The proposal retains the heritage significance of heritage items in proximity of the site and the Glebe Point Road Heritage conservation Area.
(E) The proposal is generally consistent with the relevant objectives and provisions of Sydney Development Control Plan 2012.
(F) Conditions have been amended in line with requests made by the applicant.
Carried unanimously.
D/2025/1006