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Determination
Approval
The Panel is
satisfied that:
1. The applicants written request
under Clause 4.6 of the Kogarah Local Environmental Plan 2012 seeking to
justify a contravention of Clause 4.3 (Height of Buildings) development
standard has adequately addressed and demonstrated that:
(a) Compliance with the
standard is unreasonable or unnecessary in the circumstances of the case; and
(b) There are sufficient
environmental planning grounds to justify the contravention.
2. The proposed development will be
in the public interest because it is consistent with the objectives of the
standards and the objectives for development within the zone in which the
development is proposed to be carried out.
Pursuant to
Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as
amended, Development Application No. DA2018/0137 for the lot consolidation,
demolition of existing structures and construction of a twelve (12) storey
mixed use building with three (3) levels of basement parking at 7-11 Derby
Street, Kogarah, is determined by granting consent to the application
subject to the conditions recommended in the report submitted to the LPP
meeting of 7 November 2019 except;
1.
Replace Condition 25 with the following:
Use of Rooftop open space - A Plan of Management
(POM) for use of rooftop open space must be submitted for approval of
Council. The POM must outline the:
·
hours of use of the rooftop deck which shall be restricted from
8am until 10pm;
·
maximum number of users at any one time shall be specified (for
this development a maximum of 30 is recommended);
·
Outline provisions to maximise the safety (fire safety and
general safety) for users of this area.
·
No amplified music to be played;
·
identify other measures to ensure that the amenity and safety
of persons within the development and in nearby existing and future
development is maintained.
·
Location and type of signage to be installed in the building to
notify residents and visitors in respect to the use of this space.
·
The approved POM shall be incorporated into the Owners
Corporation by-laws in any future Strata subdivision and a sign in the front
entry of the building shall be included to ensure the use of this space is
monitored and understood by all occupants.
The POM shall be prepared and shall be to the satisfaction of
Council’s Manager of Building and Development.
2.
Additional Condition 5a to read as follows:
5a Public
Domain Plan and Works - A public domain plan is to be submitted to
Council consisting of full civil engineering drawings to Australian
Standards. Inclusive of new kerbing, driveway, drainage, paved footpath,
landscape and tree pits, and in accordance with Councils “Public
Domain Streetscape Works Specification“.
The Approved plans for public
domain works shall be constructed in accordance with the specifications
issued under the “Application for Driveway Crossing and Associated
Works on Council Road Reserve” Roads Act 1993 Section 138 Approval
issued by Council’s Assets and Infrastructure Division.
Applications to be made at Georges River Council Customer Service Centre.
A separate application approval is
required under section 68 Local Government Act 1993 for any modifications to
Council’s drainage network.
The Plans are also to generally
reflect the requirements of the Kogarah Town Centre Public Domain Strategy
and Technical Manual. The Plan must be approved by Council’s Assets and
Infrastructure Division prior to issue of Construction Certificate.
A private contractor shall carry
out the above work, at the expense of the applicant and in accordance with
the approved Specifications for works.
The driveway and road frontage
works are to be completed before the issue of the Occupation Certificate.
3.
Additional conditions 26a as follows:
26a On basement level C3, car space no. 34 be
dedicated as a turning bay. Amended details to be submitted to the
satisfaction of the Certifying Authority prior to the issue of any
construction certificate.
26b In relation to Apartment 10.01, highlight windows
with a sill height of 1.5m above finished floor level are to be installed on
the north eastern wall of the kitchen on level 10 and the bedroom (north east
wall) in north east corner on level 11.
4.
Additional conditions as
follows:
·
NBN Connection - Prior to the issue of the Subdivision or
Construction Certificate in connection with a development, the developer
(whether or not a constitutional corporation) is to provide evidence satisfactory
to the Certifying Authority that arrangements have been made for:
(i) the
installation of fibre-ready facilities to all individual lots and/or premises
in a real estate development project so as to enable fibre to be readily
connected to any premises that is being or may be constructed on those lots.
Demonstrate that the carrier has confirmed in writing that they are satisfied
that the fibre ready facilities are fit for purpose; and
(ii) the
provision of fixed-line telecommunications infrastructure in the fibre-ready
facilities to all individual lots and/or premises in a real estate
development project demonstrated through an agreement with a carrier.
(Note real estate development project has the
meanings given in section 372Q of the Telecommunications Act).
·
Electricity Supply
Development – The
electricity supply to the Development must be underground.
Statement of
Reasons
·
The proposal is an appropriate response to the
“up-zoning” of the site (including increased FSR and height
limits) afforded by the Kogarah “New City Plan”. The building is
consistent with the desired future character of the B4 zone along Railway
Parade and is commensurate with nearby recent RFB development.
·
The proposal is fully compliant with the
maximum 4:1 FSR limit that applies to the site under KLEP2012.
·
The proposed variation to the 39m building
height limit will allow for the provision of a high quality area of communal
open space on the rooftop and is supported pursuant to Clause 4.6 of
KLEP2012.
·
The proposals bulk and scale is appropriately
contained within a generally compliant building envelope that is respectful
of the established character of the area in relation to height, street
setback and boundary setbacks.
·
The proposal has sufficient façade
modulation and wall articulation that will serve to provide visual interest
and reduce the bulk of the building.
·
The proposal achieves compliance with the
Apartment Design Guide with respect to both internal and external amenity.
Building separation requirements in particular are for the most part
compliant and, where numerically non-compliant, visual privacy impacts will
be mitigated by the use of screening and other appropriate measures.
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