Planning and Development Committee - 20 March 2017 - Item ... · MAJOR DEVELOPMENT ASSESSMENT...

MAJOR DEVELOPMENT ASSESSMENT SUB-COMMITTEE 20 MARCH 2017

DEVELOPMENT APPLICATION: 15-31 PARKER STREET HAYMARKET 16090703

ITEM 13. DEVELOPMENT APPLICATION: 15-31 PARKER STREET HAYMARKET

FILE NO: D/2016/417

DEVELOPMENT APPLICATION NO: D/2016/417

SUMMARY

Date of Submission:

8 April 2016 (amended plans received 22 September 2016, 6 and 22 December 2016)

Applicant:

Tony Leung / APST

Architect:

A Plus Design Group

Developer: Tony Leung / APST

Owner: Telstra Corporation Limited

Cost of Works: $20,461,538.00

Proposal Summary: New 15 storey 153 room boarding house for student accommodation, plus 1 manager's studio. The proposal includes a ground floor lobby and cafe, parking, theatre, gym, common rooms and roof top terrace and external artwork. Preliminary concerns identified in the assessment of the proposal included:

• street frontage heights and setbacks • external treatments • impact on the neighbouring state heritage item • street activation • insufficient information (flood assessment,

BASIX, detailed site assessment, survey, landscaping, wind assessment, ventilation, laundry provisions, BCA compliance).

Amended plans and additional information have been submitted to address these issues.

In its amended form, the proposal is considered to be generally consistent with the relevant planning controls that apply to the site. The application complies with the 50m maximum height development standard of the SLEP 2012. The application complies with the 9:1 maximum FSR (7.5:1 base plus 1.5:1 accommodation bonus) development standard of the SLEP 2012.



Proposal Summary (continued):

The application is compatible with the relevant built form and amenity controls in the Sydney DCP 2012. Where the proposal departs from the controls, it is considered that the urban design and amenity objectives have generally been achieved.

A development application for subdivision of the site to create a 670.9m2 lot, which is the subject of this development has been approved. However, the plan of subdivision is yet to be registered. As such the legal site area remains approximately 2498.9m2. The controls currently applicable to the site require the preparation of a development control plan and a competitive design process. It is recommended that Council resolve that these steps are unreasonable or unnecessary in the circumstances.

The site is identified as being flood prone with an overland flow path for a 1% Annual Exceedance Probability flood event traversing the northern portion of the site from Parker Street to Parker Lane. The proposed development has been amended to make provision for this overland flow and to comply with the City’s Interim Floodplain Management Policy.

Sydney Trains has provided concurrence to the development subject to the imposition of conditions of consent to address potential impacts on the CBD Rail Link. These conditions are included in the recommended conditions in Attachment A.

Transport for NSW has provided conditions to address potential impacts on the Sydney Light Rail Project. These conditions are included in the recommended conditions in Attachment A.

The application was notified and advertised for 21 days. No submissions were received.

Summary Recommendation:

The requirement to prepare a development control plan and to undertake a competitive design process is unreasonable or unnecessary in the circumstances.

Deferred commencement approval be granted subject to the plan of subdivision approved under D/2015/998 being registered, and the conditions in Attachment A.



Development Controls:

(i) State Environmental Planning Policy (Infrastructure) 2007

(ii) State Environmental Planning Policy (Affordable Rental Housing) 2009

(iii) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

(iv) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (deemed SEPP)

(v) Sydney Local Environmental Plan 2012 (Gazetted 14 December 2012, as amended)

(vi) Sydney Development Control Plan 2012 (in force on 14 December 2012, as amended)

(vii) Central Sydney Development Contributions Plan 2013

Attachments:

A - Recommended Conditions of Consent

B - Proposed Plans

C - Photomontages

RECOMMENDATION

It is resolved that:

(A) the requirement of Section 51N of the City of Sydney Act 1988 to consult with the Central Sydney Traffic and Transport Committee not apply in this instance as the proposal does not require, or that might reasonably be expected to require, the carrying out of road works or traffic control works that are likely to have a significant impact on traffic and transport in the Sydney CBD;

(B) the requirement under Clause 6.21 of the Sydney Local Environmental Plan 2012 requiring a competitive design process is unreasonable or unnecessary in this instance;

(C) the requirement under Clause 7.20 of the Sydney Local Environmental Plan 2012 requiring the preparation of a development control plan is unreasonable or unnecessary this instance; and

(D) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2016/417, subject to the conditions as detailed in Attachment A to the subject report.



BACKGROUND

The Site and Surrounding Development

1. A site visit was carried out on 29 April 2016.

2. 15-31 Parker Street is an approximately 1542m2 rectangular shaped parcel of land legally described as Part Lot 1 DP 589608. The remainder of the site, also described as Part Lot 1 DP 589608, is known as 2-8 Barlow Street and comprises approximately 949m2. The site has a total area of approximately 2498.9m2, with primary frontage to Parker Street in the east and a secondary frontage to Parker Lane in the west (Figure 1). The site has a gentle fall from the southern to northern boundary.

3. Located within the Central Sydney area and Haymarket/Chinatown special character area the site is surrounded by commercial buildings. The Inner West Light Rail operates to the north of the site along Hay Street, while the CBD and South-East Light Rail is under construction on George Street.

Figure 1: Aerial image of subject site Lot 1 DP 589608 (outlined blue) and surrounding area, with the area subject to this development application outlined in red.

4. This development application involves the northern section of the site (outlined red in Figure 1 above). It comprises an area of approximately 670m2 and is currently utilised as an at grade car park. In addition to the at grade car parking, there are two fire stairwells “chambers” fronting Parker Lane, associated with a large underground substation.

5. A development application for subdivision (D/2015/998) of the northern 670m2 from the southern part of the site, has been approved, but has not yet been registered.

site D/2016/633 site

181-187 Hay Street

477 Pitt Street Telstra

exchange buildings



6. The southern part of the site is occupied by two Telstra exchange buildings. The northern of the two buildings (15-13 Parker Street), a 14-storey reinforced concrete telephone exchange building clad in pre-cast concrete panels. The southern building (2-8 Barlow Street), a 10-storey reinforced concrete telephone exchange building clad in face brick. Both buildings have limited with a combination of limited fenestration and ventilation louvres

7. To the north, 181-187 Hay Street is a two-storey state listed heritage building (owned by the City of Sydney) (Figure 5). The building is an ornate two storey masonry building known as the “Corporation Building” and is occupied by small commercial tenancies. Further to the north on the opposite side of Hay Street is the Capitol Theatre, also a state heritage item.

8. To the east, on the opposite side of Parker Street, is 477 Pitt Street known as the ‘Sydney Central’ complex (Figure 7). This includes two commercial towers (31 storey and 9 storey) constructed above a 2-storey podium that contains retail tenancies to Hay Street.

9. To the west are sites with a primary frontage to George Street and a secondary frontage to Parker Lane. Commercial buildings of 3 to 7 storeys occupy these sites. It is noted that a development proposal for Nos. 746-748, 750-750A George Street is also being reported the February meeting of Planning and Development Committee (D/2016/633 refer Figure 1). This is for a mixed-use development up to 16 storeys, comprising 123 hotel rooms above three levels of retail.

10. To the north-west is the Haymarket Library, which is locally listed as a heritage item.

11. Photos of the part of the site that is subject to this proposal, and the surrounds are provided below:

Figure 2: Site of the proposed development viewed from Parker Lane looking south-east across

the site towards Parker Street.



Figure 3: Site of the proposed development viewed from the opposite side of Parker Street

looking north-west towards Hay Street.

Figure 4: Site of the proposed development viewed from Parker Street looking west across the

site towards Parker Lane.



Figure 5: View from Hay Street looking south-east at the State Heritage Item 181-187 Hay Street,

and the site of the proposed development immediately behind down Parker Lane.

Figure 6: View from Hay Street looking south down Parker Street.



Figure 7: View from the corner of Hay and Parker Street looking south-east at 477 Pitt Street.

Figure 8: View from Parker Lane looking north towards Hay Street.



Figure 9: View from Parker Lane looking south.

PROPOSAL

12. The proposal seeks approval for the development of a 15 storey student accommodation building. This includes 153 rooms (143 self-contained studios and 10 twin share apartments) plus 1 manager’s studio.

13. The principal pedestrian entrance is from Parker Street to a lobby with reception and a cafe space.

14. The development includes 32 bicycle parking spaces and 1 car parking space. The bicycle and car parking space, loading area, services, and garbage holding is located at ground level and accessed from Parker Lane.

15. Communal areas are included on the first floor, including library space, common rooms, meeting rooms, theatre, gym, and a manager’s room/office. A communal open space area is located on Level 14 rooftop.

16. In detail the proposed building consists of the following:

(a) Ground Floor

(i) 1 car parking space;

(ii) 1 loading bay;

(iii) waste holding room;

site



(iv) waste chute room;

(v) 32 bicycle parking spaces;

(vi) Services Room;

(vii) lobby with reception, 2 lifts, and 16m2 cafe space;

(viii) fire services control room; and

(ix) 4 x easement areas (as discussed in site description);

(b) Level 1

(i) Theatre;

(ii) Manager’s Office/boarding room

(iii) Gym;

(iv) Common Room; and

(v) Library and 2 x study rooms;

(c) Level 2

(i) 13 x studio boarding rooms (including 1 adaptable);

(ii) 1 x laundry; and

(iii) 1 x communal space (17.2m2 inclusive of corridor);

(d) Level 3


(ii) 1 x laundry; and

(iii) 1 x communal space (16.4m2 inclusive of corridor);

(e) Levels 4 - 7


(ii) 1 x twin share boarding room each level;

(iii) 1 x laundry; and

(iv) 1 x communal space (16.2m2 inclusive of corridor);

(f) Levels 8 - 13

(i) 11 x studio boarding rooms;

(ii) 1 x twin share boarding room each level;



(iii) 1 x laundry; and

(iv) 1 x communal space (18.2m2 inclusive of corridor); and

(g) Level 14 and roof


(ii) 1 x laundry;

(iii) landscaped communal roof terrace (138m2); and

(iv) plant and lift overruns.

17. The gross floor area of the proposed building is 5028m2

18. The maximum height of the proposed building is RL55.34 approximately 50m above existing ground level at the lift overrun.

19. With the plan of subdivision D/2015/998 yet to be registered, currently the legal site area is approximately 2499m2 and triggers the requirement under Clause 7.20 of the Sydney Local Environmental Plan 2012 for the preparation of a development control plan. In doing so the proposal also triggers the requirement under Clause 6.21 of the Sydney Local Environmental Plan 2012 for a competitive design process to be conducted. The proposal relies a resolution that both these provisions are unreasonable or unnecessary in the circumstances.

20. Amended plans were received on 22 September 2016, 6 and 22 December 2016, following concerns raised by Council staff. These amendments have resulted in:

(a) A 6m setback from the centreline of Parker Lane being adopted above the street frontage podium level, consistent with Sydney DCP Provision 5.1.3(2).

(b) The design and height of the podium level has been modified to achieve consistency with elements of the neighbouring state heritage item.

(c) The external treatment to the building has been substantially amended to adopt sandstone panels to the podium and fixed vertical louvres to the majority of the facade above the podium. This was in response to a desire to increase consistency in the overall appearance of the building, improve the relationship to the neighbouring state heritage item and neighbouring Telstra exchange building.

(d) A reduction in the total number of rooms from 160 to 153, but a shift in room type, such that all rooms are self-contained studios and self-contained twin share.

(e) Communal “break-out’ or meeting spaces and communal laundry facilities have been adopted on each level of the building.

(f) Level 14 has been reconfigured to deliver both boarding rooms and the communal roof terrace open space, with lift access provided to the roof terrace.



(g) The lobby floor level and the loading bay being raised to address flood planning levels, with grills introduced to the loading bay to allow overland flood flows to pass through the site.

(h) The entries to Parker Lane were amended to incorporate glazed doors to promote passive surveillance of the Lane.

(i) Public art is proposed in the form of laser cut aluminium screens to the Parker Street frontage of the easement areas and fire hydrant booster assembly area.

(j) Confirmation no commercial kitchen facilities are proposed in the cafe that would require mechanical ventilation.

(k) Fire stair amended to discharge directly to Parker Lane, hydrants and fire control centre introduced.

21. The materials schedule proposes the following:

(a) The podium level is to be ‘framed’ with sandstone cladding to both Parker Street and Parker Lane. The majority of the northern elevation of the podium level is also finished in sandstone.

(b) Fixed “timber look” aluminium louvres to the Parker Street and Parker Lane facades of the tower above the podium.

(c) Fixed timber louvres to the upper level within the podium (Level 2) to both Parker Street and Parker Lane.

(d) “Alucobond” composite panel (“terracotta bronze”) to the majority of the northern elevation abutting the proposed Transport for NSW easement area.

(e) “Bronze” glazing to the exterior of the communal breakout spaces on the north elevation.

(f) Painted and rendered finish to the exterior of Level 3 forming the junction of the podium with the tower above.

22. Photomontages of the proposed development, as originally lodged versus that resulting from the amendments adopted, are provided below (Figure 10).



Figure 10: Photomontage of the proposal as originally lodged (left) versus photomontage

resulting from amendments adopted (right)

23. Plans of the proposed development are provided below in Figures 11 – 18.



Figure 11: Proposed Ground Floor Plan.

Figure 12: Proposed Level 1 incorporating communal gym, library, common room, theatre and

Manager’s Studio.



Figure 13: Typical level 8-13.

Figure 14: Level 14 incorporating communal roof terrace.



Figure 15: East elevation (Parker Street) Figure 16: West elevation (Parker Lane).

Figure 17: North elevation Figure 18: Section



HISTORY RELEVANT TO THE DEVELOPMENT APPLICATION

24. D/2015/998 – approved 18 November 2015 the subdivision of the site into 2 lots. The subdivision seeks to separate the bitumen car park (Proposed Lot 12), which is the subject of this development proposal, from the two Telstra exchange buildings that are located immediately to the south (Proposed Lot 11). A plan of the proposed subdivision is provided in Figure 19.

Figure 19: Approved Plan of Subdivision (D/2015/998). The site subject to this development

application is proposed Lot 12 in the right of the plan.

25. The proposed lot is, and is to be, burdened by various easements, including:

(a) Easements for an existing substation fronting Parker Lane, which is addressed under a lease agreement to ‘Sydney County Council’ for Substation 5155 with air ducts together with a right of way for electricity purposes.

(b) An easement for TfNSW (located within the north-east corner of the site) is to be created as part of the subdivision. This includes an easement for substation, electricity work purposes and an associated right of footway. No details of the height of this easement have been provided.

(c) An easement for a Telstra tunnel (located within the south-east corner of the site). This easement is to be created as part of the subdivision and will benefit the adjoining Telstra site and is to be to a height of 3m above existing ground level.

26. The locations of these easements over the subject lot are illustrated in Figure 20 below.



Figure 20: Part of the Approved Plan of Subdivision (D/2015/998). Existing easement Telstra tunnel easement represented as (D), Proposed TfNSW substation easement (B), and easements

subject to lease for basement substation premises (E), (P2), (P3), (R1), (R2).

27. D/2016/633 – At the time of writing this report, this development application was being reported to the February meeting of Planning and Development Committee. This development site is to the west of the subject site on the opposite side of Parker Lane (refer Figure 1). The proposal includes demolition of no. 746-758 George Street, restoration of no. 750-750A George Street and construction of a 16 storey mixed use tower containing retail premises and 123 hotel rooms.

28. A photomontage of this development is provided in Figure 21.

PARKER LANE

PARKER STREET



Figure 21: Photomontage from the intersection of George Street and Hay Street that incorporates the proposed development at 746-750A George Street under D/2016/633.

CITY OF SYDNEY ACT 1988

29. Section 51N requires the Central Sydney Planning Committee (the Planning Committee) to consult with the Central Sydney Traffic and Transport Committee (CSTTC) before it determines a DA that will require, or that might reasonably be expected to require, the carrying out of road works or traffic control works likely to have a significant impact on traffic and transport in the Sydney CBD. A full extract of this Section is provided below.

"51N Planning proposals having a significant impact on traffic and transport in the Sydney CBD (1) The Planning Committee must consult the CSTTC before it exercises a

function under Part 4 that will result in the making of a decision that will require, or that might reasonably be expected to require, the carrying out of road works or traffic control works that are likely to have a significant impact on traffic and transport in the Sydney CBD.

Subject site located behind

D/2016/633 – proposed mixed

use building



(2) The Planning Committee must take into consideration any representations made by the CSTTC within the period of 21 days (or such other period as is agreed to by the CSTTC and the Planning Committee in a particular case) after consultation takes place.

(3) The Planning Committee may delegate to a subcommittee of the Planning Committee, or the general manager or another member of the staff of the City Council, any of its functions under this section other than this power of delegation. A delegation can be given subject conditions. A delegation does not (despite section 38) require the approval of the Minister administering that section.

(4) The failure of the Planning Committee to comply with this section does not invalidate or otherwise affect any decision made by the Planning Committee."

30. Subject to conditions demonstrating the management and use of the loading dock, and the preparation of a Construction, Pedestrian and Traffic Management Plan (CPTMP) in consultation with TfNSW, the proposal is not considered to have a significant impact on traffic and transport in the CBD, and consultation with the CSTTC is not necessary.

ECONOMIC/SOCIAL/ENVIRONMENTAL IMPACTS

31. The application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979, including consideration of the following matters:

State Environmental Planning Policy No 55—Remediation of Land

32. The aim of SEPP 55 is to ensure that a change of land use will not increase the risk to health, particularly in circumstances where a more sensitive land use is proposed.

33. A detailed site investigation report prepared by Land & Groundwater Consulting Pty Ltd (ref: LG1652_01 DESI Rpt 21-09-16) was submitted with the development application. The City’s Health Unit is satisfied that subject to conditions, the site is suitable for the proposed use.

State Environmental Planning Policy (Infrastructure) 2007

34. The provisions of SEPP (Infrastructure) 2007 have been considered in the assessment of the development application.

Clause 45

35. The application is subject to Clause 45 (Subdivision 2 Development likely to affect an electricity transmission or distribution network) of the SEPP as the development will be carried out within and immediately adjacent an electricity substation and an easement for electricity purposes.

36. In accordance with this Clause, the application was referred to Ausgrid in a letter dated 26 April 2016. The consent authority must take into consideration any response received within 21 days after the notice is given.



37. A response received 3 May 2016 from Ausgrid rejected the proposal as the original plans failed to adequately address isolation and access requirements for the substation hatch, which is located close to, and centrally along, the Parker Lane frontage. In addition, the position of car parking imposed loads on the access hatch for which it is not structurally designed.

38. The amendments to the plans provide a separate access from Parker Lane for the substation access hatch, provide 5m clearance above the hatch, and removed any vehicle parking or path of travel loads. However, the amended plans do not address the requirement that the hatch not be internal to the building (Figure 22). Following correspondence with Ausgrid, it was agreed that the hatch could be contained within the building, subject to access on request being available at any time.

Figure 22: Location of the access hatch to the underground substation.

39. Conditions of consent are recommended in Attachment A to require that the access door from Parker Street achieve minimum dimensions and that access is provided at any time on request from Ausgrid. General Ausgrid conditions to address separation of service and ventilation openings, working near overhead power lines, dial before you dig, and protection of Ausgrid easements have also been recommended. Ausgrid have confirmed in writing that they have no objection to the proposal subject to the recommended conditions.

40. The application was referred to TfNSW. They noted that the easement proposed under D/2015/998, in the north-east corner of the site, for substation and electricity work purposes for the Sydney Light Rail Project has not yet been registered. They recommended a condition to protect the proposed easement. A condition that addresses this is included in Attachment A.

Clause 88

41. The application site is located with the Interim Rail Corridor referred to as CBD Rail Link (Zone B – Tunnel). In accordance with this clause the application was referred to Sydney Trains for their concurrence.



42. The concurrence of Sydney Trains has been received and is discussed under the heading ‘External Referrals’.

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Deemed SEPP)

43. The site is located within the designated hydrological catchment of Sydney Harbour and is subject to the provisions of the above SREP.

44. The Sydney Harbour Catchment Planning Principles must be considered in the carrying out of development within the catchment. The key relevant principles include:

(a) protect and improve hydrological, ecological and geomorphologic processes;

(b) consider cumulative impacts of development within the catchment;

(c) improve water quality of urban runoff and reduce quantity and frequency of urban run-off; and

(d) protect and rehabilitate riparian corridors and remnant vegetation.

45. The site is within the Sydney Harbour Catchment and eventually drains into the Harbour. However, the site is not located in the Foreshores Waterways Area or adjacent to a waterway and therefore, with the exception of the objective of improved water quality, the objectives of the SREP are not applicable to the proposed development. The development is consistent with the controls contained with the deemed SEPP.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

46. The proposed boarding house includes rooms that are capable of being occupied as a dwelling and therefore constitutes ‘BASIX affected development’.

47. A BASIX Certificate has been submitted with the development application.

48. The BASIX certificate lists measures to satisfy BASIX requirements which have been incorporated in the proposal and identified on the plans, including insulation, low energy LED lights and low-e glazing. However, it is noted that the commitment to a centralised hot water system is not annotated on the amended plans as required. Conditions are recommended to ensure that the measures detailed in the BASIX certificate are shown on the plans and implemented.

State Environmental Planning Policy (Affordable Rental Housing) 2009

49. Part 2 Division 3 of the SEPP, which address the development of new boarding houses, excludes the B8 - Metropolitan Centre zone from the Land to which the Division applies. As such the SEPP (Affordable Rental Housing) 2009 is not applicable to this proposal.

Sydney LEP 2012

50. The site is located within the B8 – Metropolitan Centre zone. The proposed use is defined as a boarding house for student accommodation and is permissible with consent.



51. The relevant matters to be considered under Sydney Local Environmental Plan 2012 for the proposed development are outlined below.

Compliance Table

Development Control Compliance Comment

4.3 Height of Buildings Yes A maximum height of 50m is permitted.

A maximum height of approximately 50m to the top of the lift overrun (RL 55.34) is proposed.

4.4 Floor Space Ratio Yes A maximum FSR of 7.5:1 is permitted.

A FSR of 3.26:1 is proposed. See discussion under the heading Issues.

(Note: once the subdivision approved by D/2015/998 is implemented and this consent is activated, the proposed development will provide a compliant FSR of 7.47:1 on the approved allotment).

5.9 Preservation of trees or vegetation

Acceptable The proposal will result in the loss of 16 trees currently located within the site. None of the trees are identified as significant or of high retention value. The landscape design for the roof terrace accommodates 47 shrubs to provide some offset for the loss of trees.

The City’s Tree Management Unit do not oppose the development application subject to the imposition of conditions to preserve the existing street trees during construction.

5.10 Heritage conservation

Yes The subject site is not a heritage item nor located within a heritage conservation area. However, the proposal neighbours a state heritage item to the north. The design has taken appropriate consideration of this item.

See discussion under the heading Issues.



Compliance Table


Part 6 Local provisions - height and floor space

Division 1 Additional floor space in Central Sydney

N/A The development is eligible for additional floor space up to a FSR of 1.5:1 for provision of residential accommodation.

The proposal complies with the base FSR under Clause 4.4. No bonus FSR is sought under this provision.

Division 4 6.21 Design excellence

(5) Competitive Design Process

Yes

No

The proposal as amended achieves a high standard of architectural design, and materials, which takes into consideration the site constraints, and is compatible with the neighbouring state heritage item. The proposed development satisfies the requirements of this provision.

A competitive design process is triggered because the preparation of a development control plan is required under Clause 7.20. See discussion under the heading Issues.

Part 7 Local provisions—general

Division 1 Car parking ancillary to other development

Acceptable No maximum car parking rates are specified for boarding houses.

The proposal provides 1 staff car parking space The City’s transport planners are satisfied that the swept path analysis is acceptable and a condition is recommended that the 1 car parking space be allocated to staff.

7.15 Flood planning Yes The site is identified as being flood prone. The proposed development has been amended to address the existing overland flow path and mitigate the effects of a 1 in 100 year flood event.

See discussion under the heading Issues.

7.20 Development requiring preparation of a development control plan

No The site is located in Central Sydney and exceeds the 1500m2 site area trigger for the preparation of a site specific DCP. The legal site area is currently 2498.9m2. See discussion under the heading Issues.



Sydney DCP 2012

52. The relevant matters to be considered under Sydney Development Control Plan 2012 for the proposed development are outlined below.

2.1.3 Haymarket/Chinatown Special Character Area

53. The subject site is located in the Haymarket/Chinatown Special Character Area. The development adopts the street wall height to the podium level of the neighbouring state heritage item and takes cues from it for other horizontal elements of the building. The tower form above is adequately setback to retain the desired urban character at street level. The proposal enhances the fine grain subdivision pattern of neighbouring development.

3. General provisions


3.1 Public Domain Elements

3.1.5 Public art Can comply Public art has been proposed in the form of laser cut aluminium screens to the street frontage of the easement areas and fire hydrant booster assemble area fronting Parker Street.

A condition of consent is recommended for a detailed public art plan to be prepared to confirm the locations, form, dimensions, and materials for the art to be integrated within the design of the building in accordance with the City of Sydney Guidelines for Public Art in Private Development.

3.2 Defining the Public Domain

3.2.2 Addressing the street and public domain

Yes The proposed development addresses the street with the finished floor level at the entry to the lobby at grade to the footway. Compliance with the flood planning levels is addressed within the building.

3.2.3 Active frontages Yes The proposal provides for a small cafe space at ground level to the Parker Street frontage, which will assist in activation.





3.2.4 Footpath awnings Yes The proposal includes an awning to the Parker Street frontage, with provisions made for the existing street trees.

The site is not identified on the awnings and colonnades map. With the exception of the state heritage item to the north, which has an awning that wraps around the corner onto Parker Street, awnings are not provided along Parker Street. However, the installation of the awning will help to identify the building, define the entrance and is considered acceptable. Conditions addressing the design and compatibility with the neighbouring state heritage item are recommended in Attachment A.

3.2.6 Wind effects Yes The applicant provided a wind assessment confirming standard walking comfort criterion will be met at ground level, and that the blades and louvres provide sufficient shielding to balconies. The recommended mitigation of wind speeds to the roof top terrace are addressed through the provision of the parapet balustrade and proposed landscaping.

3.2.7 Reflectivity Yes A solar light reflectivity analysis was undertaken by the applicant on the original design. The analysis recommends that glazing with a reflectivity coefficient of less than 20% be used on all facades and that acceptable levels of glare can be achieved through appropriate choice of materials.

The amendments to the plans have adopted fixed vertical louvres that will reduce glare from the building and conditions of consent are recommended to address external materials and glazing materials.

3.5 Urban Ecology Yes A condition is recommended to protect street trees during construction.





3.6 Ecologically Sustainable Development

Yes The applicant has submitted a statement demonstrating compliance with Section J of the National Construction Code and A BASIX certificate. The Code and the BASIX certificate contain mandatory requirements for the design of building envelopes and fixtures to minimise energy use. Laminated low e glazing, wall insulation and sealed LED lighting are requirements on the plans.

3.7 Water and Flood Management

Yes The site is identified as being flood prone. The development has been amended to mitigate the effects of the 1 in 100 year flood event and is generally acceptable.

Further discussion is provided under the Issues heading.

3.8 Subdivision, Strata Subdivision and Consolidation

Yes The application does not propose strata subdivision.

A condition of consent is recommended prohibiting the subdivision of the boarding house.

3.11 Transport and Parking

3.11.1 Managing transport demand

Yes The development site is located within a 300 metre radius from Central Station, and in immediate proximity to light rail and bus services.

3.11.3 Bike parking and associated facilities

Yes There are no specified number of bicycle parking facilities for boarding houses in the DCP. However, 1 per 5 residents is commonly applied (consistent with SEPP Affordable Rental Housing where it applies) which would result in 30 spaces. The proposal provides 32 bicycle spaces at ground floor which is considered acceptable.

Conditions are recommended to address their provision and design.

3.11.6 Service vehicle parking

Yes The proposed loading dock is to be designated for service vehicles only. A condition of consent is recommended for it to be appropriately designed and sign posted.





3.11.13 Design and location of waste collection points and loading areas

Yes One loading dock is considered appropriate to serve the development in accordance with schedule 7.8.1 of the Sydney DCP 2012. One loading space accommodating a small rigid vehicle is proposed.

The swept paths have been assessed and are considered acceptable.

3.12 Accessible Design Yes A condition has been recommended for the proposed development to provide appropriate access and facilities for persons with disabilities in accordance with the DCP and the BCA.

3.13 Social and Environmental Responsibilities

Yes The proposed development provides adequate passive surveillance and is generally designed in accordance with the CPTED principles.

3.14 Waste

Yes A condition has been recommended for the proposed development to comply with the relevant provisions of the City of Sydney Code for Waste Minimisation in New Developments 2005.

3.15 Late Night Trading Management

Yes A condition of consent is recommended requiring the Plan of Management for the boarding house to be updated to include provisions regarding the management of the roof terrace.

Standard hours of 7am to 10pm are recommend for the retail tenancy on ground floor.

3.16 Signage and Advertising

3.16.1 Signage strategy Acceptable, subject to conditions

Some indicative signs have been included on the elevation plans for the building. A condition is recommended requiring a signage strategy for the building to be submitted prior to the issue of a Construction Certificate.



4. Development Types

4.4 Other development types and uses

4.4.1 Boarding Houses


4.4.1.1 Subdivision Yes Strata subdivision of the boarding house is not proposed and a condition preventing subdivision in association with this use is recommended in Attachment A.

4.4.1.2 Bedrooms Yes

Acceptable

The DCP requires bedroom sizes to be a minimum of 12m2 for single occupants and 16m2 for double occupants.

Where kitchens, and ensuites (including showers) are provided the minimum areas are to be increased. 18 studios of the 153 rooms are 0.5-0.6m2 below the minimums specified.

Despite the shortfall, all of these rooms are functionally designed, of regular shapes, and considered acceptable. 2 of the non-compliant rooms are provided with external balconies and all of the rooms will utilise communal laundry rooms (so these facilities do not need to be provided in each room).

4.4.1.3 Communal kitchen areas

N/A All rooms are provided with kitchens

4.4.1.4 Communal Living Areas and Open Space

Yes The proposal provides 323m2 of indoor communal areas on Level 1 in the form of a library, common room, theatre, and gym. In addition, communal “breakout” or “meeting spaces” are provided on each level.

The communal living areas significantly exceed the 1.25m2 per resident (or 204m2) required under the Sydney DCP 2012.

The Communal outdoor area on the roof obtains a northerly aspect that will ensure at least 50% of the area achieves a minimum 2 hours solar access.







4.4.1.5 Bathroom, laundry and drying facilities

Yes Each room contains a bathroom. Communal laundries are provided on each level and clothes drying area is designated on the roof top terrace.

4.4.1.6 Amenity, safety and privacy

Yes Visual privacy

The development will result in acceptable levels of visual privacy for residents and the surrounding area, accentuated by the vertical louvres fitted to the exterior of the building. Habitable rooms and private open spaces of neighbouring properties will not be adversely overlooking as a result of the proposal.

Acoustic privacy

An acoustic report has been provided demonstrating that required internal noise levels cannot be achieved with windows open, and as such mechanical ventilation will be required.

Further discussion is provided under the Issues heading.

A condition is recommended requiring an amended Plan of Management to be submitted that will address acceptable controls on the use of outdoor spaces, waste management, and maintenance and tenant behaviour to protect the amenity of the surrounding area.

Safety

The development provides passive surveillance to entries to the building and rooms within. The POM submitted addresses security measures which will also be required in addressing the recommended condition of consent.







4.4.1.7 Plan of Management

Yes A Plan of Management has been submitted with the application and addresses the operation and maintenance of the building. A condition of consent is recommended requiring the Plan to be updated to reflect the all of the operation requirements of the site and other recommended conditions of consent.

5.1 Specific controls for Central Sydney


5.1.2 Building setbacks 5.1.2.2 Side and rear setbacks

Acceptable The proposal has been amended to provide an approximately 5.7m setback to the glass line of the building from the centreline of Parker Lane above the podium street frontage height. This setback will improve the amenity and access to the sky from ground level in Parker Lane, mitigate wind effects, and appropriately address privacy from other accommodation and commercial uses on the opposite side of Parker Street.

To the north the proposed easement for TfNSW provides an 8m setback for the majority of the building from the boundary with the state heritage item. The remainder provides a nil setback and blank facade. The building exterior of the northern elevation appropriately responds to the heights and features of the heritage item and addresses any amenity conflicts through blank facades with the introduction of glazing only to shared lobbies.

See discussion under the Issues heading.



5.1 Specific controls for Central Sydney


5.1.2.3 Setbacks for buildings adjoining or fronting lanes

Acceptable Above the street wall height, the building is required to be setback 6 metres, measured from the centre of Parker Lane

The proposed setback is approximately 5.7m to the glass line.

The variation to the control is considered acceptable. Further discussion is provided under the Issues heading.

5.1.3 Street frontage height and setbacks for Special Character Areas

No The proposed building above the podium street frontage height is not setback the minimum weighted average of 8m from Parker Street.

See discussion under the Issues heading.

5.1.6 Building exteriors Yes The amended plans improve the relationship of the building to the state heritage item. The height of the podium and other horizontal elements match the parapet and features of the item. The podium cladding uses sandstone panels, which provide a high quality, homogenous facade that will serve as an appropriate backdrop and contrast to the earthy brickwork of the state heritage item and contribute to the Haymarket/Chinatown character.

The adoption of vertical louvres to the tower is visually interesting and recessive when compared to the original proposal. The colours and use of timber screening on the east and west elevations provides a contrast to the stonework and glazing.

ISSUES

Application of Development Control Plan and Competitive Design Process

54. The approved plan of subdivision D/2015/998 to create the 670.9m2 proposed Lot 12, is yet to be registered. As such, the legal site area is currently 2498.9m2 and triggers both the requirements under Clause 7.20 and Clause 6.21 of the Sydney LEP 2012 for the preparation of a development control plan and the carrying out of a competitive design process. In order to approve this development application, a resolution that both these provisions are unreasonable or unnecessary in the circumstances is required.



55. Both clauses 7.20(3) and 6.21(6) of the Sydney LEP 2012 enable the consent authority to grant consent in the absence of compliance with the requirements, if satisfied that it would be unreasonable or unnecessary in the circumstances.

56. In this instance a development consent for subdivision to create the 670.9m2 parcel of land has been approved, and the proposed development relates only to this parcel of land. The Telstra exchange building occupies the remainder of the site and is unlikely to be developed in the foreseeable future. In the event that the subdivision plan approved under D/2015/998 is registered with the Land Titles Office, both of the requirements in Clause 7.20 and 6.21 will cease to apply to this development proposal.

57. A deferred commencement condition is recommended in Attachment A, to require the registration of the subdivision plan prior to the commencement of the consent. Subject to this deferred commencement consent condition, it is considered unreasonable and unnecessary in the circumstances to require the preparation of a development control plan and a competitive design process.

Floor Space Ratio

58. As noted in the Sydney LEP 2012 table above, a maximum FSR of 7.5:1 is permitted for the site.

59. The subject site has an area of 2498.9m2, providing for a total maximum GFA of 18741.75m2.

60. The application has assessed and provided plans and evidence of the current GFA of the existing Telstra exchange buildings. The buildings contain some office space, but in large part are occupied by plant rooms housing telecommunications, lifts, and other areas exclusively for mechanical services or ducting, which under the Sydney LEP 2012 definition of GFA are excluded from calculations. The two exchange buildings are assessed as having GFAs as follows:

(a) Building 1 (2-8 Barlow Street) = 1960m2; and

(b) Building 2 (15-31 Parker Street) = 1170m2.

61. The proposed development on the northern portion of the site provides a total GFA of 5012.4m2

62. The combined total GFA for the current site is 8142.4m2, resulting in an FSR of 3.26:1 proposed, which complies with the development standard.

63. It is also noted that post the approved subdivision plan D/2015/998 being registered, that the proposed development will be located on a 670.9m2 allotment, which also provides a compliant FSR of 7.47:1.

Building setbacks to Parker Street and Parker Lane

64. Section 5.1.3 Provision (1) of Sydney DCP 2012 requires the street frontage height to match that of the nearest heritage item on the same side of the street block. The proposal has been amended to provide a street frontage height that responds to the height of the highest parapet of the neighbouring state heritage building at Nos. 181-187 Hay Street, Haymarket (Corporation Building). This is consistent with the DCP and supported.



65. Building setbacks above the street frontage create comfortable street environments, allow ventilation, daylight access, view sharing, increased privacy and help reduce adverse wind effects.

66. Above the street frontage height, the DCP prescribes an 8m setback from Parker Street and a 6m setback from the centreline of Parker Lane. These prescribed setbacks are annotated on the proposed northern elevation in Figure 23 below.

Figure 23: Proposed north elevation annotated with prescribed DCP front and rear setbacks.

67. The site is constrained by its dimensions of approximately 25m (east-west) and 26m (south-north), such that achieving the prescribed DCP setbacks would result in a very restricted tower form.

6m Setback from centreline of Parker Lane

8m Setback from Parker Street



Parker Lane setback

68. The applicant has amended the original proposal to increase the setback above the street frontage podium, from Parker Lane. Despite the applicant’s reference to a 6m setback from the centre of the Lane on the amended plans, a setback of approximately 2.3m is provided from the floor slab edges and exterior louvres to boundary of the site. The resulting setback is approximately 5.3m (not the DCP required 6m) from the centreline of Parker Lane (Figure 24).

69. However, the proposed setback from the Lane is in contrast to the existing Telstra buildings to the south that both provide nil setbacks. It is noted that currently Parker Lane is predominantly a service lane with no active uses fronting it. It is unlikely that the Telstra exchange buildings will be redeveloped in the foreseeable future. There are no footways for pedestrian activity and the lane is not a shareway.

70. Parker Lane has a north-south orientation and the proposed setback is considered adequate to allow ventilation, daylight access, and view sharing. Combined with the fixed external louvres the proposed setback is considered adequate to provide appropriate levels of privacy. For these reasons, the small non-compliance with the setback is considered minor and acceptable.

Figure 24: Demonstrating existing nil setbacks of neighbouring buildings versus proposed setbacks and “no build” in proposed TfNSW easement area.

5.3m setback from centre of Parker Lane

Existing nil setbacks to Parker Lane

No build in proposed easement

Nil setback to Parker Street

Existing nil setbacks to Parker Lane



Parker Street setback

71. To Parker Street, no building is proposed to a 9m (frontage) x 16m (deep) portion of the site, to provide the proposed easement for TfNSW. In this easement area more than twice the DCP prescribed 8m setback is achieved for a portion of the site. For the remainder of the Parker Street frontage the tower form is proposed to be built to the boundary, with a small re-entrant detail and a change in materiality defining the podium from the tower.

72. The proposal to build to the boundary is consistent with all existing development on this western side of Parker Street (Figure 24). In the absence of the special character area a 45m street wall height is in accordance with the Sydney DCP 2012. Parker Street is a wide street (18m), which provides an acceptable street level environment, and the north-south orientation of the street achieves good levels of solar access. For these reasons a nil setback to Parker Street is supported.

External aesthetics and materials

73. The facades have been amended to provide a greater level of consistency with the use of high quality materials and finishes. Fixed vertical timber and aluminium louvre screens are adopted as key facade elements throughout to express and correspond to the verticality of the neighbouring Telstra building. With the exception of the podium street frontages, an appropriate and restrained colour palette is applied to create a subtle transition between the Telstra building and the state heritage item.

74. The facade and vertical louvres to the perimeter of the upper-most portion of the roof should be vertically extended, to match the height of the lift overrun (Figure 25). This vertical extension will conceal the lift overrun and roof top services from surrounding views. A condition of consent is recommended to require this design amendment.



Figure 25: Roof top plan (left) and north elevation (right) identifying in dashed lines the area of the external parapet and external louvres to be vertically extended to the same height as the

proposed lift overrun.

75. To the podium street frontages a ‘charcoal’ coloured render is proposed to the exterior, and very limited detailing of the facade elements is provided. The ‘charcoal’ colour and use of render at the street interface is not supported by the City’s urban designer. A condition is recommended in attachment A to require modification of this material and colour.

76. No confirmed details are provided for the street frontage treatment to the proposed TfNSW easement. A condition of consent is recommended in Attachment A to ensure that plans are provided that will secure the site, while presenting a frontage in terms of scale, finish and architectural character that is appropriate to the east (Parker Street) elevation of the podium. The applicant will need to consult with TfNSW to provide a design that is consistent with the terms of the proposed easement to be registered under D/2015/998. The opportunity exists for the development of the public art strategy into a public art plan to also include this area.

Extend to height of lift overrun



Figure 26: Parker Street elevation depicting in the right of image the TfNSW easement area that requires details to be submitted to secure the site and provide an acceptable streetscape.

Similarly, in the left of the image the void area beneath the Telstra exchange building that will need to be secured.

77. To the southern boundary of the proposed development area, a void area will be created beneath the concrete “awning” that projects approximately 1m from the face of the neighbouring Telstra exchange building (refer Figure 26 and Figure 27). Similar to above, the treatment of this area at ground floor level to both the Parker Street and Parker Lane frontages will need to be addressed to provide security and unnecessary maintenance. As with the TfNSW easement, a deferred commencement condition is recommended for design details to be submitted and any necessary easements for construction and maintenance to be addressed as part of the approved subdivision.

No details for the treatment of this easement to the street frontage have been provided

No details for the treatment of the void to be establish here have been provided



Figure 27: Image identifying the awning surrounding the Telstra exchange building, which extends to the proposed boundary of the site approved under D/2015/998. The apron

will result in a void being created between this building and the proposed building.

Heritage

78. As discussed above, initial concerns were raised with the compatibility of the proposal with the neighbouring State Heritage Item at Nos. 181-187 Hay Street. The amended plans adopt and reinforce the parapet height and other horizontal features of the heritage item (Figure 28).

Approx. 1m wide concrete projection located on the

proposed boundary with the proposed building

~1m



Figure 28: Photomontages from Parker Lane (top) and Parker Street (bottom) demonstrating the compatibility with the State Heritage Item at 181-187 Hay Street in the scale and detailing

adopted in the podium design.

Flooding

79. The site is located within the Darling Harbour catchment and is flood prone as identified by the applicant’s flood report prepared by BMT WBM. In particular, the site is affected by east-west overland flows from the Hay Street and Parker Street traversing the northern part of the site and into Parker Lane (Figure 29). The proposed development is required to make provision for this overland flow to prevent areas of Parker Street and Hay Street being impacted.



Figure 29: The existing flood path indicated in red, the subject development outlined yellow (Source: BMT WBM Pty Ltd Report)

80. The flood report identifies the 1 in 100 year flood planning level on Parker Street at RL 6.07m AHD and RL 5.65 AHD fronting Parker Lane. An initial response to these levels adopted a raised lobby to Parker Street and flood gates to Parker Lane, which are not supported due to the possible failure.

81. The amended plans received 6 and 22 December 2016 adopt a FFL to the lobby of RL 6.57m and to the garbage room, which is accessed via a ramp from the loading dock. These levels meet the flood planning requirements and are acceptable.

82. The amended plans set the loading dock at RL4.80m and provide grills to the Parker Street frontage at RL 5.69m and the east elevation of the loading dock to simulate the existing overland flow path levels. A void below the building will allow overland flow paths to pass through the site (Figure 30). A condition of consent is recommended requiring the proposed grill details to be submitted to ensure at least 75% clear opening is provided.

83. It is acknowledged that the existing underground substation off Parker Lane will not comply with Flood Planning Levels, but that it currently does not comply. It is also acknowledge that the FFL of the propose bicycle parking area and parking space are set below the 1% AEP levels. Both of these exceptions are considered acceptable.



Figure 30: Overland flow path to be retained within the development

Loading dock

84. The swept path analysis provided for the loading bay demonstrates that a small rigid vehicle can enter the site travelling north on Parker Lane, but that they will be required to undertake either reverse in or reverse out movements. These reverse movements may lead to potential pedestrian and cyclist related incidents, given that the pedestrian activity is expected to increase once Sydney Light Rail Project is completed, and given the proposed loading dock operations for the hotel at 746-750A George Street are also to Parker Lane. A condition of consent is recommended to require a car park and loading dock management plan to address issues of pedestrian and bicycle safety. This is in line with a request raised by TfNSW.

Privacy

85. Hotel accommodation is proposed on the opposite side of Parker Lane at no. 746-750A George Street (D/2016/633). The two buildings are generally separated between 6 metres and 12 metres.



86. Due to the transitory nature of hotel rooms, and shorter tenancy periods of student boarding houses, the privacy impacts to residents are considered less significant than if the application proposed a residential flat building. Notwithstanding this, both the subject building design and that proposed for 746-750A George Street (Figure 31) adopt partial screening of bedrooms with the use of vertical louvres. Conditions of consent on D/2016/633 for the hotel, also require vertical louvres to be adopted across the entire Parker Lane elevation, rather than partially across hotel room windows. For the subject site, recommended conditions in Attachment A require the details of the external louvres to be submitted for approval. Given the extent of the louvres proposed, privacy impacts are considered to be adequately addressed.

Figure 31: Parker Lane elevations of proposed hotel at 746-750A George Street (left) and the proposed boarding house (right).

Natural Ventilation

87. The acoustic report recommends all windows and doors within the boarding house closed to achieve acoustic privacy in accordance with the provisions of section 4.2.3.11 of the Sydney DCP 2012. As such, the building will rely on mechanical ventilation to achieve acoustic privacy.

88. There is no requirement under planning policies to achieve acoustic privacy and provide natural ventilation concurrently. Boarding houses traditionally provide short to medium term accommodation and as such amenity considerations (such as daylight access to boarding rooms, private open space and the like) are less than that for other residential uses.

89. It is therefore reasonable to assume that at quieter periods occupants can open doors and windows to receive natural ventilation and during busier periods occupants may rely on mechanical ventilation.



Other Impacts of the Development

90. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

Suitability of the site for the Development

91. The proposal is of a nature in keeping with the overall function of the site. The premises are in a mixed commercial and inner urban residential surrounding and amongst similar uses to that proposed.

INTERNAL REFERRALS

Heritage

92. Council’s Heritage Specialist has reviewed the amended plans and raises no objection subject to standard heritage conditions addressing development in the vicinity of heritage items. The recommendations form part of the conditions of consent.

Urban Design

93. Council’s Urban Design Specialist has reviewed the amended plans. Detail provided for the ground level facade treatment to Parker Lane is considered insufficient and the use of black to the entire facade at the lower levels is not supported. The finish and longevity of the external louvres and panels is also unclear. A condition is to be recommended requiring full details of all external materials, finish and colour to be provided for approval prior to the issue of any Construction Certificate (CC).

94. Conditions are also recommended to ensure that additional detail is provided for external material layouts, the junctions between different claddings, building features, and the external louvres.

Design Advisory Panel

95. The Design Advisory Panel reviewed the original plans on 12 July 2016 and made the following recommendations:

(a) The architecture is inappropriate in the context.

(b) The nil setback to Parker Street is acceptable given the width of the street and the adjacent buildings.

(c) The full upper setback should be provided from Parker Lane.

(d) The architectural expression should be improved to better respond to the heritage item.

(e) Internal the floor plan needs revisiting to accommodate the setbacks and relocation of common space to improve natural light into the core and corridor should be considered.



(f) The artwork to the northern facade is not supported.

(g) The redevelopment of the site for this use should be encouraged.

96. The design amendments adopted in the assessment of the application are considered consistent with this advice and appropriately address all of these matters.

Transport

97. The Traffic and Transport Unit raise no objection to the proposal subject to standard conditions addressing the provision and design of parking, and the requirement for a Construction Pedestrian and Traffic Management Plan (CPTMP) prepared in consultation with TfNSW.

Public Domain

98. The flood planning floor levels, flood path analysis and amended designs have been reviewed by the City’s Public Domain engineers. The proposal, as amended, is considered acceptable subject to a condition addressing the design of the grilles depicted on the Overland Flood Way plan. Further conditions have been recommended by the Public Domain Unit to ensure the public domain is protected during construction and upgraded where required in association with the development.

Surveyor

99. The City’s surveyor confirms that no application for a Subdivision Certificate has been received with respect to D/2015/988. Consequently, some of the easements that are proposed to affect the site have not been created. The surveyor notes that it would be preferable to have the subdivision finalised before this building is completed so that the outstanding easements are created.

100. In addition to standard conditions, conditions are recommended to draw attention to and protect existing and proposed easements from encroachment.

Environmental Health

101. The applicant has confirmed that the ground floor cafe will be a grab and go counter with minimal cooking such that it will not require local exhaust. The conclusion of the detailed site investigation report, that the site is suitable for the proposed use is supported. Council’s Environmental Health Unit has reviewed the application and raised no objections subject to conditions.

Waste Management

102. No objection subject to a commercial waste agreement being in place and standard conditions.

Tree Management

103. No objection to the removal of the trees within the site and the development, subject to conditions to protect street trees.



104. The conditions of other sections of Council have been included in the proposed conditions.

EXTERNAL REFERRALS

Sydney Trains

105. The site is located over the Interim Rail Corridor referred to as CBD Rail Link (Zone B – Tunnel). In accordance with clause 88 of the SEPP Infrastructure, the concurrence of Sydney Trains is required.

106. Sydney Trains has reviewed the plans and provided their concurrence, subject to conditions. These conditions have been included in the recommended conditions in Attachment A.

Transport for NSW

107. Transport for NSW has reviewed the proposal and raised concerns with:

(a) the protection of proposed easements for the Sydney Light Rail project;

(b) construction traffic management; and

(c) pedestrian and traffic safety associated with the proposed design and use of the loading dock.

108. To address these, TfNSW has suggested conditions requiring:

(a) the easements in favour of TfNSW to be created in accordance with condition 4 of the subdivision consent D/2015/998 to be met prior to issuing a Construction Certificate;

(b) a Construction Pedestrian and Traffic Management Plan (CPTMP) to be prepared in consultation with TfNSW; and

(c) a car park and loading dock management plan to be prepared to manage the safety of pedestrians and cyclists.

Ausgrid

109. The application was referred to Ausgrid. No response was received.

Notification, Advertising and Delegation (No Submissions Received)

110. In accordance with Schedule 1 of the Sydney DCP 2012, the proposed development is required to be notified and advertised. As such, the application was notified and advertised for a period of 21 days between 26 April 2016 and 18 May 2016 and no submissions were received.

PUBLIC INTEREST

111. It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being proposed.



FINANCIAL IMPLICATIONS

S61 CONTRIBUTION

112. The cost of the development is in excess of $200,000 and is therefore subject to a development levy pursuant to the Central Sydney (Section 61) Contributions Plan 2003. An appropriate condition has been included in the recommendation of this report.

RELEVANT LEGISLATION

113. The Environmental Planning and Assessment Act 1979.

CONCLUSION

114. The application proposes construction of a 15-storey 153 room boarding house for student accommodation, plus 1 manager's studio. The proposal also includes a ground floor lobby and cafe, parking, theatre, gym, common rooms and roof top terrace and external artwork.

115. The site is located over the Interim Rail Corridor referred to as CBD Rail Link (Zone B – Tunnel). As such the development requires the concurrence of Sydney Trains in accordance with the SEPP Infrastructure. Concurrence was provided on 13 May 2016 subject to terms of approval which are included in the list of recommended conditions.

116. The development complies with the height and FSR development controls. The exterior of the building, as amended presents a high standard of architectural design, and materials, which takes into consideration the site constraints, and is compatible with the neighbouring state heritage item.

117. The proposal is generally consistent with the provisions for student accommodation boarding houses contained within the Sydney DCP 2012 and is not considered to result in unacceptable amenity impacts for boarders or surrounding properties.

118. The site is flood prone, with a ground level below the 1% Annual Exceedance Probability, and subject to an overland flood path. The development has been amended providing freeboards that protect the lobby and key service areas consistent with the City’s Interim Floodplain Management Policy. The design of the building makes provision to retain the current overland flood path conditions.

119. The proposed development is consistent with the objectives and matters for consideration in the design excellence provisions of clause 6.21 of the Sydney LEP 2012. A condition is recommended requiring the provision of a materials sample board prior to the issue of a Construction Certificate.

120. A deferred commencement consent is recommended requiring the approved plan of subdivision D/2015/998 to be registered, prior to the consent commencing. As such it is considered unreasonable and unnecessary to require the preparation of a development control plan and the carrying out of a competitive design process.



121. No submissions have been received in respect of the application.

122. The proposal is recommended for deferred commencement approval, subject to conditions.

GRAHAM JAHN, AM Director City Planning, Development and Transport (Alistair Smith, Senior Planner)

Planning and Development Committee - 20 March 2017 - Item ... · MAJOR DEVELOPMENT ASSESSMENT...

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