Planning and Development Committee - 19 July 2016 - Item ...

DEVELOPMENT ASSESSMENT SUB-COMMITTEE 19 JULY 2016

DEVELOPMENT APPLICATION: 10 SHELLEY STREET SYDNEY 15180407

ITEM 12. DEVELOPMENT APPLICATION: 10 SHELLEY STREET SYDNEY

FILE NO: D/2015/1898

DEVELOPMENT APPLICATION NO: D/2015/1898

SUMMARY

Date of Submission:

23 December 2015

Applicant:

Brookfield Global Integrated Solutions

Architect:

WMK Architecture

Developer: Brookfield W9 & 10 Stage 3A Pty Ltd

Owner: Brookfield W9 & 10 Stage 3A Pty Ltd

Cost of Works: $3,653,602

Proposal Summary:

The proposal is for a rooftop addition to the existing 15 storey commercial building with a new covered terrace to accommodate 180 staff. Works include the provision of a lift and stair access from level 15 to the rooftop area, the screening of rooftop generators and relocation of the existing building name signs. The existing building has a height of 67.9m, which is 17.9m over the height development standard of 50m, or 35.8%. The proposed rooftop addition is to be contained within the existing height of the building. The development has an existing FSR of 9.13:1, which is 21.8% over the maximum FSR development standard of 7.5:1. The proposal increases the gross floor area by 98sqm, resulting in an FSR of 9.16:1 (which is 22.2% over, with a difference of 0.4% compared to existing conditions). The rooftop addition is to be screened by the new plant room to the north and east elevations and is well setback from the western edge of the building so it is not visible from street level and is unlikely to be visible from most vantage points. The new addition has a contextually appropriate form at rooftop, matching the materiality and architecture of the existing plant room, with no unreasonably adverse amenity or environmental impacts to surrounding development, and no adverse bulk impacts given the setbacks proposed.



Proposal Summary (continued):

The application was notified for a 14 day period between 5 and 20 January 2016. No submissions were received. The matter is referred to the Planning and Development Committee, as the proposed works are to the roof of the existing building, which already exceeds the 50m height development standard; and exceeds the maximum FSR development standard of 7.5:1 contained in the Sydney LEP 2012 by more than 10%.

Summary Recommendation:

The development application is recommended for approval, subject to conditions.

Development Controls:

(i) State Environmental Planning Policy No 64: Advertising and Signage

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

(iii) Sydney Harbour Foreshores & Waterways Area Development Control Plan

(iv) Sydney Local Environmental Plan 2012

(v) Sydney Development Control Plan 2012

(vi) Central Sydney Development Contributions Plan 2013

Attachments:

A - Proposed Drawings



RECOMMENDATION

It is resolved that:

(A) the variations sought to Clause 4.3 ‘Height of Buildings’ and Clause 4.4 ‘Floor Space Ratio’ in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Sydney Local Environmental Plan 2012 be supported in this instance; and

(B) consent be granted to Development Application No. D/2015/1898, subject to the following conditions:

SCHEDULE 1A

Approved Development/Design Modifications/Covenants and Contributions/Use and Operation

Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated.

(1) APPROVED DEVELOPMENT

(a) Development must be in accordance with Development Application No. D/2015/1898 dated 23 December 2015 and the following drawings:

Drawing Number

Architect Date

DA-A114 Issue P6

WMK Architecture

16 December 2015

DA-A115 Issue P6

WMK Architecture

16 December 2015

DA-A116 Issue P9

WMK Architecture

17 December 2015

DA-A117 Issue P1

WMK Architecture

15 December 2015

DA-A215 Issue P4

WMK Architecture

16 December 2015

DA-A500 Issue P8

WMK Architecture

16 December 2015

DA-A501 Issue P8

WMK Architecture

16 December 2015

DA-A502 Issue P8

WMK Architecture

16 December 2015



Drawing Number

Architect Date

DA-A503 Issue P8

WMK Architecture

16 December 2015

DA-A600 Issue P8

WMK Architecture

16 December 2015

and as amended by the conditions of this consent.

(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.

(2) BUILDING HEIGHT

(a) The height of the rooftop addition must not exceed RL 71.250 (AHD) to the top of the building.

(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 Certifying Authority.

(3) FLOOR SPACE RATIO - CENTRAL SYDNEY

The following applies to Floor Space Ratio:

(a) The Floor Space Ratio of the proposal must not exceed 9.16:1 calculated in accordance with the Sydney Local Environmental Plan 2012. For the purpose of the calculation of FSR, the Floor Space Area of the approved development is 30,900.9sqm.

(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Floor Space 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 Certifying Authority.

(4) BUILDING IDENTIFICATION SIGNS FOR MAJOR DEVELOPMENTS - TIME LIMITED CONSENT

The sign(s) and any associated structure(s) must be removed and the building/site reinstated, within a period of 3 years from the date of consent or on the termination of the subject lease of the property, whichever occurs first. If the sign is to be retained after this period, a new development application must be lodged with Council before the expiration of the consent.



(5) SECTION 61 CONTRIBUTIONS PAYABLE - REGISTERED QUANTITY SURVEYOR'S DETAILED COST REPORT - SUBMITTED AND VERIFIED PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

A cash contribution comprising 1% of the total cost of the development is payable to the City of Sydney pursuant to section 61 of the City of Sydney Act 1988 and the Central Sydney Development Contributions Plan 2013 in accordance with the following:

(a) Prior to a Construction Certificate being issued, evidence must be provided of Council’s written verification of the amount of the contribution as required in (b) below, and then that the levy has been paid to the Council in accordance with this condition. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Direct debit, personal or company cheques will not be accepted.

(b) The contribution must not be paid to the City of Sydney until it is accompanied by separate written verification by the City of Sydney of the specific amount payable. In order to obtain such verification, the “City of Sydney Registered Quantity Surveyor's Detailed Cost Report” indicating the itemised cost of the development must be completed and submitted to Council by the Certifying Authority (CA), together with copies of the plans the subject of the application for the Construction Certificate. A copy of the required format for the “City of Sydney Registered Quantity Surveyor's Detailed Cost Report” may be obtained from the City of Sydney One Stop Shop, any of the Neighbourhood Service Centres and the City of Sydney’s website (www.cityofsydney.nsw.gov.au).

(c) The Council will consider the documentation submitted under subclause (b) and determine the cost of the proposed development having regard to the information submitted and to such other matters as it considers appropriate and will notify the CA accordingly.

(d) The items to be included in the calculation of the cost of development are demolition works, site remediation including decontamination, excavation and site preparation, construction costs, fit out, professional fees as part of the design (including design competitions) documentation and implementation process, fixed building machinery, equipment and appliances, kitchens and bar areas, car parking, air conditioning plant and equipment, services (fire, mechanical ventilation, electrical, hydraulic), ceilings, fire protection devices, installation of services (power, water, sewer, telephone), lifts and other essential machinery, floor coverings, Building Code of Australia compliance works, replacement of existing materials, fixtures and fittings, construction related insurance, assessment and construction related fees, charges and GST and any other matter not expressly excluded in (e) below.

(e) The items to be excluded in the calculation of the cost of development are the cost of land, marketing expenses (excluding display suites etc), finance and interest, building insurance after practical completion, drapery, commercial stock inventory, loose furniture, loose equipment, loose electrical appliances, minor maintenance of existing retained fixtures (patching, repainting) and stamp duty.



Please contact Council's Planning Administration staff at [email protected] to confirm the amount payable, prior to payment.

(6) USE OF ROOFTOP

The rooftop break-out area is to be used by staff of the building only, and is not to be open for use by the general public at any time.

(7) PLAN OF MANAGEMENT

The use of the rooftop must always be operated / managed in accordance with the Plan of Management (PoM) for Rooftop Terrace Use’, prepared by Urbis signed and dated 29 February 2016 that has been approved by Council. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.

(8) NOISE - GENERAL

The emission of noise associated with the use of the premises including the cumulative operation of any mechanical plant and equipment, and air conditioning shall comply with the following:

(a) The LAeq, 15 minute noise level emitted from the use must not exceed the project specific noise level for that receiver as determined in accordance with the NSW EPA Industrial Noise Policy. Noise must be measured in accordance with the Industrial Noise Policy and relevant requirements of Australian Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.

(b) Project specific noise levels shall be determined by establishing the existing environmental noise levels, in complete accordance with the assessment LA90, 15 minute / rating LA90, 15 minute process to be in accordance with the requirements for noise monitoring listed in the NSW EPA Industrial Noise Policy and relevant requirements of Australian Standard AS1055-1997 Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.

(c) Modifying factors in Table 4.1 of the NSW EPA Industrial Noise Policy are applicable.

(9) NOISE - ENTERTAINMENT VENUES

(a) The LA10, 15 minute noise level emitted from the use must not exceed the background noise level (LA90, 15minute) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the hours of 7.00am and 12.00 midnight when assessed at the boundary of any affected residence.

(b) The LA10, 15 minute noise level emitted from the use must not exceed the background noise level (LA90, 15 minute) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00 midnight and 7.00am when assessed at the boundary of any affected residence.



(c) Notwithstanding compliance with (a) and (b) above, noise from the use when assessed as an LA10, 15 minute enters any residential use through an internal to internal transmission path is not to exceed the existing internal LA90, 15 minute (from external sources excluding the use) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed within a habitable room at any affected residential use between the hours of 7am and 12midnight. Where the LA10, 15 minute noise level is below the threshold of hearing, Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226 : 2003- Normal Equal-Loudness-Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead.

(d) Notwithstanding compliance with (a), (b) and (c) above, the noise from the use must not be audible within any habitable room in any residential use between the hours of 12.00 midnight and 7.00am.

(e) The LA10, 15 minute noise level emitted from the use must not exceed the background noise level (LA90, 15 minute) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 3dB when assessed indoors at any affected commercial premises.

Note: The LA10, 15 minute noise level emitted from the use is as per the definition in the Australian Standard AS1055-1997 Acoustics – Description and measurement of environmental noise. The background noise level LA90, 15 minute is to be determined in the absence of noise emitted by the use and be representative of the noise sensitive receiver. It is to be determined from the assessment LA90 / rating LA90 methodology in complete accordance with the process listed in the NSW EPA Industrial Noise Policy and relevant requirements of AS1055.1997.

(10) NOISE LIMITERS

Use of the all amplification equipment must comply with the following:

(a) At a minimum, all amplification equipment used at the event must be controlled by a Root Mean Square (RMS) noise limiter, set by a suitably qualified acoustic consultant* in accordance with the manufactures specification to ensure that resultant amplified sound complies with the Council’s licensed premises noise criteria. The equipment must be tamper proof and only operable by the acoustic consultant.

(b) The noise limiter must be factory or laboratory calibrated by an accredited instrumentation calibration service provider at the time of installation. The limiter must be checked by an acoustic consultant with a piston phone calibrator at the time of installation and on three subsequent occasions during the first 60 days of monitoring. The checks must correlate with the close of business as per the requirements of Part (b)(ii), Additional Noise Conditions for Licensed Premises and not be undertaken before any external noise compliance checks. The proprietor is not to be made aware on what date the calibration checks are to be conducted and will provide the consultant access to the limiter.

(c) A piston phone check of the noise limiter shall be completed by the consultant every twelve months, the result reported to council and a copy kept on the premises available at all times.



(d) Field calibration check results (times and levels), serial numbers and laboratory calibration parameters of all other instrumentation and calibrators used in the process of setting and calibrating the noise limiter shall be reported.

(e) LAeq 1 minute 1/1 octave band (31.5Hz to 8kHz centre frequencies inclusive) measurement results internal and external of hand held sound level meters used to assist in setting the noise limiter shall be reported to the satisfaction of council.

(f) Additionally, a white noise signal must be played through the noise amplification system in order to set the maximum permissible broadband level of the noise limiter. The results are to be reported.

(g) Finally, where necessary and where complex signal processing equipment is used to limit noise, the maximum A-Weighted LAF Sound Pressure Levels which are not to be exceeded in any 1/1 octave band 31.5Hz – 16kHz inclusive, within each of the rooms with noise amplification equipment are to be specified such that the noise control approval conditions cannot be exceeded must be reported.

(h) All noise amplification equipment must be controlled by the noise limitation device as detailed in (a) above.

(i) Access to noise limiter settings must be restricted to the Licensee or manager of the premises. The limiter settings/calibration levels must be available to Council officers upon request.

(j) The Acoustic consultant must submit Certificate of Compliance to the Council to certify that the limiters are installed and calibrated to satisfy of Council’s noise criteria for the licensed venues.

Note: Suitably qualified Acoustic Consultant means a consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustics Society, Institution of Engineers Australia or the Association of Australian Acoustic Consultants at the grade of member.

(11) COMPLIANCE WITH THE ACOUSTIC REPORT PRIOR TO CONSTRUCTION AND OR OCCUPATION CERTIFICATES

(a) All performance parameters, requirements, engineering assumptions and recommendations contained in the acoustic report prepared by AECOM, 12/4/2016 Ref. 60342644-MONV-03_C, dated 12 April 2016, Council Ref 2016/224322 must be implemented as part of the detailed design assessment and implemented into the design drawings prior to the commencement of the use of the premises in accordance with the requirements of (b) and (c) below and to the satisfaction of the certifying authority.

(b) Prior to the issue of a Construction Certificate, the construction drawings and construction methodology must be assessed and certified by a suitably qualified acoustic consultant* (see definition below) to be in accordance with the requirements of the DA acoustic report. prepared by AECOM, 12/4/2016 Ref. 60342644-MONV-03_C, dated 12 April 2016, Council Ref 2016/224322



(c) Prior to the issue of an Occupation Certificate, a suitable qualified acoustic consultant is to provide a written Acoustic Verification Report to the satisfaction of the Certifying Authority that the development complies with the requirements set out in the Report and in (a) and (b) above.

Note: Suitably qualified Acoustic Consultant means a consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustics Society, Institution of Engineers Australia or the Association of Australian Acoustic Consultants at the grade of member.

(12) NO SPEAKERS OR MUSIC OUTSIDE

Speakers and/or noise amplification equipment must not be installed and music must not be played in any of the outdoor areas associated with the premises including the public domain. Speakers located within the premises must not be placed so as to direct the playing of music towards the outdoor areas associated with the premises.

(13) CONTROL OF LIGHT INTO THE ENVIRONMENT

Lighting installed in the open and/or public spaces must comply with AS1158 series-lighting for roads and public spaces. The design and placement must be so that lighting does not create a nuisance or negatively affect the amenity of the surrounding neighbourhood, for that purpose lighting must comply with AS4282-1997 control of obtrusive effects of outdoor lighting.

(14) ERECTION OF SIGN

The sign is to be erected in a secure manner to ensure safety and its installation is not to involve measures that would cause irreversible damage to the building.

(15) SIGN ILLUMINATION

(a) At no time is the intensity, period of intermittency and hours of illumination of the sign to cause objectionable glare or injury to the amenity of the neighbourhood and as such must be designed, installed and used in accordance with AS4282-1997 control of obtrusive effects of outdoor lighting.

(b) The sign(s) must not flash.

SCHEDULE 1B

Prior to Construction Certification/Commencement of Work/Health and Building

(16) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES

The building must be designed and constructed to provide access and facilities for people with a disability in accordance with the Building Code of Australia.

If, in complying with this condition, amendments to the development are required, the design changes must be submitted to and approved by Council prior to a Construction Certificate being issued.



(17) ANNUAL FIRE SAFETY STATEMENT FORM

An annual Fire Safety Statement must be given to Council and the NSW Fire Brigade commencing within 12 months after the date on which the initial Interim/Final Fire Safety Certificate is issued or the use commencing, whichever is earlier.

(18) STRUCTURAL CERTIFICATION FOR DESIGN – BCA (ALL BUILDING CLASSES)

Prior to the issue of a Construction Certificate, structural details and a Structural Certificate for Design by a qualified practising structural engineer and in accordance with Clause A2.2(a)(iii) of the Building Code of Australia (applicable to Class 2-9 buildings) and Clause 1.2.2(iii) of Volume 2 of the BCA (applicable to Class 1 and 10 buildings) must be submitted to the satisfaction of Council (where Council is the Certifying Authority).

(19) STRUCTURAL CERTIFICATION FOR EXISTING BUILDING – ALTERATIONS AND ADDITIONS

A qualified practising certified structural engineer must provide structural certification to Council (where Council is the Certifying Authority) verifying that the existing structure can adequately support the proposed new loads and the structural design complies with the Structural Provisions of Part B1 (Vol 1) and Part 2.1 (Vol 2) of the Building Code of Australia prior to a Construction Certificate being issued. The proposed additional loads and/or alterations must not cause a decrease in the existing structural performance of the building including its performance under earthquake actions (AS1170.4).

(20) STORMWATER AND DRAINAGE - MINOR DEVELOPMENT

The drainage system is to be constructed in accordance with Council's standard requirements as detailed in Council's 'Stormwater Drainage Connection Information' document dated July 2006. This information is available on Council's website - www.cityofsydney.nsw.gov.au.

The development is to be designed so that the flow of pollutants from the site due to stormwater is reduced.

(21) WORKS REQUIRING USE OF A PUBLIC PLACE

Where construction/building works require the use of a public place including a road or footpath, approval under Section 138 of the Roads Act 1993 is to be obtained from Council prior to the commencement of work. Details of any barricade construction, area of enclosure and period of work are required to be submitted to the satisfaction of Council.

(22) MICROBIAL CONTROL IN WATER SYSTEMS

(a) Prior to the issue of a Construction Certificate detailed plans of any water cooling system (including cooling towers) as defined under the Public Health Act 2010 must be prepared by a suitably qualified person and certified in accordance with AS3666: 1: 2011 Air handling and water systems of buildings – Microbial Control – Design, installation and commissioning and must be submitted to and approved by Council.



(b) Water cooling system operation and maintenance manuals and maintenance service records shall be readily available at the premises for inspection by an authorised officer upon request. Such records must be kept on the premises in accordance with Clause 2.6 to AS/NZS 3666:2:2011 Air handling and water systems of buildings – Microbial control, operation and maintenance.

(c) The installation, operation and maintenance of warm water systems and water cooling systems (as defined under the Public Health Act 2010) must comply with the following:

(i) Public Health Act 2010, Public Health Regulation 2012 and Parts 1 and 2 (or part 3 if a Performance-based water cooling system) of AS3666:2011 Air handling and water systems of buildings – Microbial Control and the NSW Health Code of Practice for the Control of Legionnaires Disease.

(ii) Prior to the issue of an Occupation Certificate or if non applicable, prior to commencement of the use, the owner or occupier of the premises at which any warm water system and/or water cooling system is installed must cause notice of such installation(s) by providing to Council’s Environmental Health department, written notification by way of the prescribed form under Clause 12 to the Public Health Regulation 2012. Any changes to these particulars must be notified to Council’s Environmental Health department in writing within 7 days of the change(s). Copies of the notification forms are available on the City of Sydney website.

(23) VENTILATION MINOR WORKS

The premises must be ventilated in accordance with the Building Code of Australia and AS1668.1-1998 and AS1668.2-1991.

(24) CONSTRUCTION AND FITOUT OF FOOD PREMISES

The construction, fitout and finishes of the servery must comply with Standard 3.2.3 of the Australian and New Zealand Food Standards Code under the Food Act 2003 and AS 4674 – 2004 Design, Construction and Fitout of Food Premises.

A dedicated hand wash basin supplied with hot and cold running water mixed through a single spout must be provided in the servery. Single use disposable hand towel and soap must be provided adjacent the hand basin.

Note: Copies of AS 4674-2004 may be obtained from the Standards Australia Customer Service on telephone 1300 65 46 46 or by visiting the website www.standards.com.au.

Copies of the Food Standards Code (Australia) may be obtained by contacting the Food Standards Australia and New Zealand Authority on telephone (02) 6271 2222, email [email protected] or by visiting the website www.foodstandards.gov.au.



SCHEDULE 1C

During Construction/Prior to Occupation/Completion

(25) OCCUPATION CERTIFICATE TO BE SUBMITTED

An Occupation Certificate must be obtained from the Principal Certifying Authority and a copy submitted to Council prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

(26) HOURS OF WORK AND NOISE – CBD

The hours of construction and work on the development must be as follows:

(a) All work, including demolition, excavation and building work, and activities in the vicinity of the site generating noise associated with preparation for the commencement of work (eg loading and unloading of goods, transferring of tools etc) in connection with the proposed development must only be carried out between the hours of 7.00am and 7.00pm on Mondays to Fridays, inclusive, and 7.00am and 5.00pm on Saturdays, and no work must be carried out on Sundays or public holidays.

(b) All work, including demolition, excavation and building work must comply with the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436-2010 Guide to Noise Control on Construction, Maintenance and Demolition Sites.

Note: Works may be undertaken outside of hours, where it is required to avoid the loss of life, damage to property, to prevent environmental harm and/or to avoid structural damage to the building. Written approval must be given by the Construction Regulation Unit, prior to works proceeding.

The City of Sydney Code of Practice for Construction Hours/Noise 1992 allows extended working hours subject to the approval of an application in accordance with the Code and under Section 96 of the Environmental Planning and Assessment Act 1979.

(27) ENCROACHMENTS – NEIGHBOURING PROPERTIES

No portion of the proposed structure shall encroach onto the adjoining properties.

(28) ENCROACHMENTS – PUBLIC WAY

No portion of the proposed structure, including gates and doors during opening and closing operations, shall encroach upon Council’s footpath area.

(29) LOADING AND UNLOADING DURING CONSTRUCTION

The following requirements apply:

(a) All loading and unloading associated with construction activity must be accommodated on site.



(b) If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council.

(30) NO OBSTRUCTION OF PUBLIC WAY

The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.

(31) USE OF MOBILE CRANES

The following requirements apply:

(a) Mobile cranes operating from the road must not be used as a method of demolishing or constructing a building.

(b) For special operations including the delivery of materials, hoisting of plant and equipment and erection and dismantling of on site tower cranes which warrant the on-street use of mobile cranes, permits must be obtained from Council for the use of a mobile crane. The permits must be obtained 48 hours beforehand for partial road closures which, in the opinion of Council will create minimal traffic disruptions and 4 weeks beforehand in the case of full road closures and partial road closures which, in the opinion of Council, will create significant traffic disruptions.

(c) Special operations and the use of mobile cranes must comply with the approved hours of construction. Mobile cranes must not be delivered to the site prior to 7.30am without the prior approval of Council.

SCHEDULE 2

The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.



BACKGROUND

The Site and Surrounding Development

1. The site is of an irregular shape, with an area of approximately 3372sqm. It has three street frontages, with Shelley Street to the west, Sussex Street to the east and Wynyard Walk to the north. Directly south of the site is a pedestrian through-site link between Shelley and Sussex Streets, and the Western Distributor. A 15 storey commercial building known as KPMG is contained within the site with basement parking accessed via Sussex Street.

2. The site is not a heritage item, however it adjoins the former MWS&B pumping station which is heritage listed under the Sydney LEP 2012. A site plan and photographs of the site are shown below:

Figure 1: Aerial image of subject site (outlined in red) and surrounding area

SITE

Barangaroo Precinct



Figure 2: Site viewed from Shelley Street (looking south-east)

Figure 3: Subject site viewed from Wynyard Walk - Sussex Street (looking west)



Figure 4: Upper levels of subject site viewed from Wynyard Walk - Sussex Street (looking west)

3. The surrounding area comprises commercial, retail, hotel and residential uses. Shelley Street contains multi-storey commercial office buildings with retail and cafe uses at ground floor. To the north of the subject site is the Barangaroo south precinct with Building C5 (containing commercial office uses) located at the start of Shelley Street. Further south of the site (to the corner of Shelley and Erskine Streets is a multi-storey building containing hotel accommodation.

4. Photographs of surrounding development to Shelley Street are provided below:



Figure 5: Development along the south-west side of Shelley Street

Figure 6: Development along the south-east side of Shelley Street



Figure 7: Shelley Street looking north to Barangaroo south precinct

5. Sussex Street generally comprises commercial, hotel and residential uses. To the immediate north of the site is Wynyard Walk, a pedestrian link to Wynyard Railway Station from the Barangaroo south precinct that is in use, but is also partly under construction. Above Wynyard Walk is the Western Distributor. Directly adjoining the subject site to the south is the former MWS&B pumping station. Further north of the site are multi-storey commercial buildings and the State Heritage Listed ‘Sussex Hotel’, a building containing hotel accommodation, residential development and retail/office space.

6. Photographs of surrounding development to Sussex Street are provided below:

SITE



Figure 8: Sussex Street looking south-west

Figure 9: Wynyard Walk – Sussex Street (opposite site looking east)



Figure 10: Sussex Hotel to the north of the site

PROPOSAL

7. The application seeks consent for works to allow the use of the rooftop by staff as follows:

(a) Level 14

(i) void area below lift pit at level 14 to allow for a lift at level 15;

(b) Level 15

(i) installation of lift and staircase between level 15 and rooftop;

(c) Level 16/Rooftop

(i) new access point with stair to existing plant room area;

(ii) rooftop addition accommodating the lift and stair from level 15, unisex accessible, male and female amenities, servery area, enclosed deck with sliding door entry (113sqm);

(iii) open deck area (173sqm) with architectural screening, glass balustrades and garden planters;

(iv) 3 x new cooling towers, and 2 x generators to be screened with louvres at the northern corner of the rooftop; and

(v) relocation of the existing northern elevation building name sign along the louvred screening; and at the existing western elevation.

8. The terrace area is to have a capacity of up to 180 persons, and is to be used by staff of the building as a breakout space. The rooftop deck is not accessible to the public.



9. Elevations of the proposed rooftop works are provided below.

Figure 11: Part of north elevation of proposed works at rooftop (new works shown dashed in red)

Figure 12: Part of south elevation of proposed works at rooftop (new works shown dashed in red)



Figure 13: Part of east elevation of proposed works at rooftop (new works shown dashed in red)

Figure 14: Part of west elevation of proposed works at rooftop (new works shown dashed in red)

HISTORY RELEVANT TO THE DEVELOPMENT APPLICATION

10. Development approval for the existing building was granted in 2002 and was known as ‘Site 6’ as part of a wider masterplan for Wharves 9 & 10 of Darling Harbour.

11. Development Application No. 185-06-03 for rooftop and building entry signage associated with site 6 was approved by the Sydney Harbour Foreshore Authority (SHFA) on 2 September 2003.

12. D/2015/1899 for ground floor alterations and additions involving the construction of a canopy/awning along the Sussex Street frontage, new pedestrian access point into the lobby and upgraded access into the lobby was approved by Council under delegated authority on 1 April 2016.



13. There have been numerous complying development applications for internal alterations to the office space, none of which have direct relevance to the subject application.

ECONOMIC/SOCIAL/ENVIRONMENTAL IMPACTS

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

(a) Environmental Planning Instruments and DCPs.

State Environmental Planning Policy No 64: Advertising and Signage

15. SEPP 64 was gazetted on 16 March 2001 and aims to ensure that outdoor advertising is compatible with the desired amenity and visual character of an area, provides effective communication in suitable locations and is of high quality design and finish.

16. Clause 8 of SEPP64 states the following:

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

Assessment Criteria

17. The following table outlines the manner in which the proposed signage addresses the assessment criteria of SEPP64.

Consideration Comment

1. Character of the area

Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

The application proposes to relocate, or ‘shift’ two existing building name signs that were approved as part of DA-185-05-03. The overall number of signs (with one to each elevation), content and size are to remain as existing. The proposed relocation of the existing signs is considered to maintain an appropriate level of signage for the character of the area.




Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

The relocated signs reflect existing conditions, and are similar to other examples in the area. The proposal is consistent with other buildings in the streetscape.

2. Special areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The signs are to remain on the same elevations as existing, and are being relocated to accommodate the proposed rooftop addition. The signs will not detract from the visual quality of the area in their new location.

3. Views and vistas

Does the proposal obscure or compromise important views?

The signs are located on the facade of the building and will not compromise important views.

Does the proposal dominate the skyline and reduce the quality of vistas?

The number of signs, as well as content and size are to remain the same. The signs do not currently dominate the skyline, and are considered appropriate in their new location.

Does the proposal respect the viewing rights of other advertisers?

The proposal will not impact on the viewing rights of other advertisers.

4. Streetscape, setting or landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

The scale, proportion and form of the proposed signs are to match existing conditions, and as such are appropriate for the streetscape.

Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

The proposal retains the visual interest of the streetscape.

Does the proposal reduce clutter by rationalising and simplifying existing advertising?

The size, number and content of the proposed signage is to match the approved signs. The proposal is consistent with existing conditions and is not considered have an impact on clutter at rooftop level




Does the proposal screen unsightliness?

The proposed signage is located on the facade, where no screening of building features are required.

Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

The proposed signage does not protrude above buildings, structures or tree canopies in the area or locality.

Does the proposal require ongoing vegetation management?

The proposed signage does not require any ongoing vegetation management.

5. Site and building

Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

The signs are affixed to the addition and plant room at rooftop and are compatible with the scale and proportion of the building.

Does the proposal respect important features of the site or building, or both?

The proposed relocated signs respect the important features of the building.

Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The content, scale and proportion of the proposed signs is appropriate to the building and context.

6. Associated devices & logos with advertisements & advertising structures

Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

N/A.

7. Illumination

Would illumination result in unacceptable glare?

Illumination levels of the signage is unchanged from the existing signs. The proposal was referred to Sydney Observatory who advised that the proposal was acceptable given that the signs are currently in place. The relocation of the north and west elevation signs will have minimal impact on surrounding land uses.

Would illumination affect safety for pedestrians, vehicles or aircraft?

Would illumination detract from the amenity of any residence or other form of accommodation?

Can the intensity of the illumination be adjusted, if necessary?

Is the illumination subject to a curfew?




8. Safety

Would the proposal reduce the safety for any public road?

The proposal will not reduce the safety for any public road.

Would the proposal reduce the safety for pedestrians or bicyclists?

The proposal will not reduce the safety for pedestrians or bicyclists.

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

The proposal will not reduce the safety for pedestrians by obscuring sightlines from public areas.

18. The relocated signage is also subject to Clause 17 of SEPP64 as the signs are greater than 20sqm in area, and are located higher than 8 metres above the ground. Whilst the building is located within 250m of a classified road (being the Western Distributor), the proposed relocated signs face north and west, which cannot be viewed from the roadway. As such, Clause 18 of SEPP64 where a referral to RMS is required, does not apply.

19. In accordance with Clause 17, the applicant has addressed the assessment criteria in Schedule 1 in the accompanying documentation of this development application.

20. As discussed in detail above, the proposed signage with modifications is considered to meet the aims and objectives of Clause 3 of SEPP64 and as such, is supported.

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

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

22. 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.

23. The site is within the Sydney Harbour Catchment and eventually drains into the Harbour. The site is also located within the Foreshores Waterways Area.



24. In accordance with Clause 29 and Schedule 2 of the SREP, the proposed relocated signage requires a referral to the Foreshores and Waterways Planning and Development Advisory Committee. The proposal was referred to the Committee. No response was received within 30 days as specified in the SREP and accordingly, the application can be determined. However, given the signage is to be relocated on two elevations only, the works are considered to be minor and are acceptable as discussed in further detail within this report.

25. The relevant matters to be considered under the SREP for the proposed development are outlined below:

Compliance Table

SREP Control Compliance Comment

13 Sydney Harbour Catchment

Yes The development is visible from the foreshore. The proposed development relates to the works to the rooftop that will enhance the external appearance of the building, and provide a more usable area for occupants, with no detrimental impact on the visual qualities of Sydney Harbour.

14 Foreshores and Waterways

Yes The proposal will have an improved appearance to the building when viewed from the foreshore, providing symmetry at rooftop.

22 Public access to, and use of, foreshores and waterways

Yes The proposed development will have no impact on public access to and along the foreshore.

24 Interrelationship of waterway and foreshore uses

Yes The proposal will not change existing land uses within the Harbour.

25 Foreshore and waterways scenic quality

Yes The scale, form and design of the proposed works is in keeping with the character of the Foreshore Area.

26 Maintenance, protection and enhancement of views

Yes The proposed works will not adversely impact on any views.

26. The development is consistent with the controls contained with the deemed SEPP.

Sydney Harbour Foreshores & Waterways Area Development Control Plan

27. The site is located within the Foreshores and Waterways Area. The proposal is to be considered under Part 4 ‘Design Guidelines for Water-Based and Land/Water Interface Developments’ in Sydney Harbour Foreshores & Waterways DCP as outlined below.



28. The proposal complies with the requirements of Part 4 as it will:

(a) maintain public access to waterways. The proposed works are at rooftop level, with no impact on the ground level interface of the building;

(b) the development does not interfere with navigation, swimming or other recreational activities;

(c) the works do not obstruct or affect the natural flor of tides and currents;

(d) the development does not dominate its landscape setting as it maintains the existing height of the building, and is in keeping with the character of the area; and

(e) pedestrian access along the foreshore will be maintained.

29. The proposed development is considered to be acceptable and complies with the provisions of the DCP.

Sydney LEP 2012

30. The site is located within the B8 – Metropolitan Centre zone. The proposal is for alterations and additions to an existing commercial building which is permissible within the zone with consent.

31. The proposal seeks to create a breakout space for staff of the existing commercial building, providing a use at rooftop that serves the workforce and is compatible with the objectives of the zone.

32. 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 No A maximum height of 50m is permitted.

The proposed rooftop works have a height of 67.9m, which is the height of the existing building. The addition exceeds the height development standard by 17.8m or 35.8%. See discussion under the heading Issues.



Compliance Table


4.4 Floor Space Ratio No A maximum FSR of 7.5:1 is permitted.

An FSR of 9.16:1 is proposed, which is 22.2% over the development standard. See discussion under the heading Issues.

4.6 Exceptions to development standards

Yes The proposal seeks to vary the development standards prescribed under Clauses 4.3 ‘Height of Buildings’ and 4.4 ‘Floor Space Ratio’.

See discussion under the heading Issues.

Part 6 Local provisions - height and floor space

Division 1 Additional floor space in Central Sydney

N/A The subject site is not located in an area where accommodation floor space, or the allocation of heritage floor space applies.

Division 4 Design excellence

Yes The proposed rooftop addition is to be constructed of compressed fibre cement cladding and glazing; and the new plant area is to be screened with powder-coated aluminium louvres. The materials result in the rooftop elements being contrasting element to the overall glazed facade. The screening and cladding provide a similar appearance to the existing plant room elements at rooftop, which provides symmetry and visual interest to the building at rooftop The proposed development satisfies the requirements of this provision.

Part 7 Local provisions—general

Division 1 Car parking ancillary to other development

N/A No changes are proposed to existing car parking arrangements.



Compliance Table


Division 2 Foreshore development

Yes As discussed within this report, the proposal is for the alteration of an existing building within the foreshore area. The development is considered to achieve the objectives of the B8 – Metropolitan Centre zone in that it retains a commercial use; and the rooftop appearance of the building is compatible with the surrounding area.

Sydney DCP 2012

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

3. General Provisions


3.12 Accessible Design Yes The rooftop addition includes the provision of a lift, and a unisex accessible toilet. A condition has been recommended for the proposed development to ensure that access and facilities for persons with disabilities complies with the DCP and the BCA.

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.

3.16 Signage and Advertising

Generally acceptable

Requirements for Building Name Signs Section 3.16.5 of the DCP states that a maximum of two building name signs are permitted at rooftop/parapet. The draft amendment to Section 3.16 of the Sydney DCP 2012 was placed on public exhibition from 17 March to 30 April 2015 and is used as a guide in the assessment of this application.



3. General Provisions


Section 3.16.5.2 ‘Top of building signs’ of the draft amendment replicates the above requirement for two signs per building. Each top of building sign is to be identical in size and appearance. The application proposes to relocate two existing illuminated building name signs (which are identical) at the north and west elevations, due to the new rooftop addition. Whilst there are four signs at rooftop in total, this is considered acceptable given that approval was granted for these signs under DA 185-05-03. The signs are no higher than 1.8m, which is less than the height of a floor within the development; and are composed of individual letters fixed to the plant room, as per Section 3.16.6 of the Sydney DCP 2012 and Section 3.16.5.2 of the draft amendment. Period of Consent for Building Name Signs DA 185-05-03 limited the signage to the time KPMG is the building’s primary tenant/occupant. All signage is to be removed at the cessation of KPMG’s tenancy/building occupation in accordance with Condition 8. Section 3.16.2 ‘Period of consents and changes to signs’ of the Sydney DCP 2012 states that building name signs are limited to up to three years. Given that the signs are being relocated, it is recommended that a condition be imposed limiting the consent of the signs to 3 years only.



4. Development Types

4.2 Residential Flat, Commercial and Mixed Use Developments


4.2.3.1 Amenity – Solar Access

Yes The development is located in a predominantly commercial area and is not affected by sun access planes. The closest residential development is located to the north of the site (26A Sussex Street and further north to the Barangaroo Precinct) and as such is not affected by the proposal. The addition is contained within the footprint of the rooftop level, and maintains the height of the existing plant room. The additional floor space results in negligible overshadowing impact when compared to existing conditions, with shadows falling on King Street Wharf, and the roof of commercial development along Shelley Street and the Western Distributor at the winter solstice.

4.2.3.11 Acoustic privacy Yes The applicant has provided a Noise Assessment Report and a plan of management for the use of the rooftop addition by staff. The plan of management confirms that up to 180 staff will be utilising the enclosed and open terrace areas, and no public access will be granted. The breakout area is to be used between the hours of 7.00am and 7.00pm, Monday to Friday; and used after hours for office functions until 12 Midnight when required.



4. Development Types

4.2 Residential Flat, Commercial and Mixed Use Developments


The Noise Assessment Report submitted with the application considers the use of plant equipment and a rooftop sound system, along with general noise from the use of the deck areas by staff. The report recommends a noise spectrum limiter be installed as part of the rooftop sound system to ensure that any background music does not exceed the relevant noise criteria. It is also recommended that the exhaust for the emergency generator be directed away from any sensitive noise receivers (i.e. at the north of the site). The Noise Assessment Report was peer reviewed by the City’s Health and Building Unit who have advised that the use of the rooftop in this instance is acceptable. Any adverse noise impacts will be to commercial occupants of the C5 building (Barangaroo southern precinct) however this can be controlled with the imposition of noise conditions and recommendations contained within the report.

4.2.6.4 Additional provisions for non-residential development

Can comply Kitchens and food preparation areas are to be designed with sufficient space for storage of waste. The rooftop addition includes a servery area, however waste areas are not indicated. It is recommended that a condition be imposed requiring the servery to be constructed in accordance with the relevant Australian standards regarding commercial kitchens, including provision of waste storage.

4.2.7 Heating and Cooling Infrastructure

Yes An appropriate condition regarding detailed plans of the water cooling towers are to be submitted to the City for approval prior to the issue of a construction certificate.



5.1 Specific areas – Central Sydney


5.1.5.1 Commercial buildings

Yes Above a height of 45m, the maximum horizontal dimension of any commercial building facade must not exceed 65m. The proposed rooftop addition has a horizontal frontage of 28.8m which complies. It is noted that the roof addition is setback from the building edge to maintain a smaller rooftop footprint.

5.1.6 Building exteriors Yes The proposed development has been designed to architecturally integrate with the existing plant room through the use of cladding and powder-coated aluminium louvres to match the existing plant room. The use of similar materials ensure that the new works at rooftop integrate with the design of the building whilst concealing plant room equipment.

ISSUES

34. The issues identified in the above instruments/policies as non-complying or requiring further discussion in the abovementioned tables are discussed in detail below:

Height

35. The proposed development relies upon Clause 4.6 ‘Exceptions to development standards’ of the Sydney LEP 2012, allowing for a variation to the maximum development standard contained in Clause 4.3 ‘Height of buildings’.

36. The existing building has a height of 67.9m, which is 17.9m over the Sydney LEP 2012 height development standard of 50m, or a variation of 35.8%. The proposed rooftop addition and screened plant area maintain the height of the existing plant room which is 67.9m.

37. A section of the proposed development showing the permitted maximum height control and the proposed height of the rooftop addition is shown below.



Figure 15: Proposed east-west section through the building depicting the maximum permitted height control contained in the Sydney LEP 2012

38. Clause 4.6 of the Sydney LEP 2012 allows Council to vary development standards in certain circumstances and provides an appropriate degree of flexibility to achieve better design outcomes. The Council may grant an exception as the Director-General’s concurrence can be assumed where Clause 4.6 is adopted as per Department of Planning Circular PS 08-003 dated 9 May 2008. In this instance, the Clause 4.6 variation to the height development standard is to be determined by Council as it exceeds the permitted control by 10%.

39. The applicant has submitted a written request to Council in accordance with Clause 4.6 of the Sydney LEP 2012, justifying the contravention of the maximum height development standard as follows:

(a) the height of the proposal is contextually appropriate and consistent with the established height of the building;

(b) the proposed variation will not result in adverse heritage impacts. The site adjoins the heritage listed former MWS&B pumping station to the south-east which has a single storey appearance in the streetscape. The proposed works are limited to the building’s upper rooftop (at 15 storeys high) and will not impact on the adjacent heritage item and its curtilage;

(c) there will be no significant impact to view corridors; and

(d) the proposed rooftop addition meets the established building height of the plant room and therefore will not impact on the existing transition in heights to the site surrounds.

50m height limit



40. In order to demonstrate whether strict numeric compliance is unreasonable and unnecessary in this instance, the proposed exception to the height development standard has been considered against the objectives and provisions of Clause 4.6. Under Clause 4.6(4)(a)(ii) of the Sydney LEP 2012, Council must be satisfied that the proposed development is consistent with the objectives of the development standard and the objectives for development within the zone.

41. The proposed height of 67.9m is considered acceptable in this instance and the Clause 4.6 variation is supported. The proposal is consistent with the objectives for the height development standard and the objectives of the B8 – Metropolitan Centre zone in that:

(a) the proposed rooftop addition is consistent with existing plant room, which establishes the height of the building. The site is surrounded by multi-storey commercial buildings of similar height and scale. Additionally, the proposed addition has been designed to integrate, and respond appropriately to the existing plant room and is setback at all frontages to ensure that the rooftop does not appear as a bulky addition in the streetscape;

(b) the site adjoins the heritage listed pumping station to the south (to Sussex Street). The pumping station is no higher than 4.5m and is not directly affected by the proposal, where all works are contained at rooftop level;

(c) the development does not have an adverse impact on the sharing of views given that it meets the existing height of the plantroom, and is located directly in line with the C5 building within the Barangaroo southern precinct (north of the site) which already restricts views; and

(d) the proposed development is in the public interest as it is consistent with the objectives of the B8 – Metropolitan Centre zone in that it enhances an existing commercial office use and will serve the workforce of that particular development.

42. The proposed rooftop addition will not compromise the varied character of the area and has been designed to match the existing plantroom, providing a contrast between the architecture and materiality of the base building and the rooftop area. All new water cooling towers and generators are to be screened from view using materials to match the existing plant room.

43. The departure from the maximum height development standard is appropriate in this instance and will not result in any adverse amenity or environmental impacts. It is noted that the current height limit for 10 Shelley Street is not reflective of the existing built form on the site, and therefore any works to the existing building above level 13 would contravene the maximum height development standard.

44. For the reasons outlined above, there are sufficient planning grounds to justify the departure from the height development standard and it is recommended that a Clause 4.6 exception be granted, pursuant to the Director-General’s general concurrence of 9 May 2008.

Floor Space Ratio

45. A maximum FSR of 7.5:1 is permitted under Clause 4.4 ‘Floor Space Ratio’ of the Sydney LEP 2012. The site has an existing FSR of 9.13:1 which is 21.8% over the FSR development standard.



46. The proposed rooftop addition results in an additional 98.5sqm of gross floor area, with an FSR of 9.16:1. The proposal is 22.2% over the permitted FSR of 7.5:1 and results in an increase of 0.3% compared to the existing development.

47. A Clause 4.6 variation also applies to the proposal for FSR. The development application is to be determined by Council as the FSR exceeds the permitted development standard by more than 10%.

48. The applicant has requested a variation to the FSR development standard in accordance with Clause 4.6 of the Sydney LEP 2012, and submits that the proposed variation is consistent with the objectives of Clause 4.4 ‘Floor Space Ratio’ of the Sydney LEP 2012 in that:

(a) the building currently exceeds the maximum FSR for the site. The proposed works upgrade the attractiveness of the site and meets the anticipated needs for the future;

(b) the proposed gross floor area does not increase office space or the density of the development, and will not generate additional vehicle and pedestrian traffic;

(c) there will be no impact on existing or planned infrastructure; and

(d) the proposed addition will not significantly alter the existing building envelope.

49. In order to demonstrate whether strict numeric compliance is unreasonable and unnecessary in this instance, the proposed exception to the FSR development standard has been considered against the objectives and provisions of Clause 4.6. Under Clause 4.6(4)(a)(ii) of the Sydney LEP 2012, Council must be satisfied that the proposed development is consistent with the objectives of the development standard and the objectives for development within the zone.

50. The Clause 4.6 variation is supported and the proposal is consistent with the objectives for the FSR development standard and the objectives of the B8 – Metropolitan Centre zone in that:

(a) the additional gross floor area at rooftop level allows for the development to meet the anticipated future needs for compatible land uses (in this instance commercial office) in the CBD area;

(b) the rooftop addition and deck area is to be used by staff within the building and does not result in an increase in office space. As such the proposed development will not result in a marked increase in pedestrian or vehicular traffic;

(c) the proposed development will not adversely intensify the use of the land and is commensurate with the capacity of existing and planned infrastructure;

(d) the proposed rooftop addition reflects the desired character of the locality as it maintains an office use, providing a breakout area for staff; and

(e) the proposed development is in the public interest and is consistent with the objectives of the B8 – Metropolitan Centre zone. It will provide additional space for existing staff within the development and is part of a compatible land use that will serve the workforce.



51. The increase in gross floor area is contained in an addition that consists of a kitchen and sanitary provisions to facilitate the use of the rooftop by staff. The addition has been designed so that it integrates with the existing appearance of the plant room through the use of fibre cement cladding in a natural, grey finish to match existing structures.

52. The addition is set in 9.5m from the northern edge of the building, 21.5m from the western edge, and 15.4m from the eastern edge. The addition is entirely hidden by the existing plant room when viewed from the southern elevation, and is only visible from the western elevation, and for 3.7m of the northern elevation only. This is due to the new plant enclosure (that is not calculated as gross floor area) being constructed. The glazed roof of the outdoor deck will be visible from the western elevation only.

53. Taking into account the setbacks at rooftop level, the addition cannot be viewed from Shelley Street, and is unlikely to be viewed anywhere at street level, with the exception of Pyrmont Bay (approximately 520m to the west of the site). Given the setbacks proposed, the addition will not result in the adverse appearance of bulk at rooftop level.

54. For the reasons outlined above, there are sufficient planning grounds to justify the departure from the FSR development standard and it is recommended that a Clause 4.6 exception be granted, pursuant to the Director-General’s general concurrence of 9 May 2008.

Other Impacts of the Development

55. The proposed development is capable of complying with the BCA. It is Class 5.

56. 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

57. The proposal is of a nature in keeping with the overall function of the site. The premises are in a mixed use surrounding and amongst similar uses to that proposed.

INTERNAL REFERRALS

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

59. The application was discussed with: the Heritage and Urban Design Specialists; Building Services Unit; Environmental Health; Licenced Premises; Public Domain; Safe City; Surveyors; Transport and Access; Social Planning; Tree Management; Waste Management; who advised that the proposal is acceptable, subject to the recommended conditions.

EXTERNAL REFERRALS

60. The application was referred to Sydney Observatory for comment. Sydney Observatory advised that given the proposal was for the relocation of existing signage, no objection was raised.



61. The application was referred to the Foreshores and Waterways Planning and Development Advisory Committee for 30 days in accordance with Schedule 2 of the SREP (Sydney Harbour Catchment) 2005. The Committee did not respond within the specified timeframe and accordingly, the application can be determined.

Notification, Advertising and Delegation

62. In accordance with Schedule 1 of the Sydney DCP 2012, the proposed development is required to be notified. As such, the application was notified for a period of 14 days between 5 January and 20 January 2016; no submissions were received.

PUBLIC INTEREST

63. 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

Section 61 Contributions

64. The development is subject to a Section 61 Contribution as the estimated cost of works are $3,653,602. An appropriate conditions is recommended.

RELEVANT LEGISLATION

65. The Environmental Planning and Assessment Act 1979.

CONCLUSION

66. The proposal is for alterations and additions at levels 14, 15 and rooftop level to facilitate the use of part of the rooftop for staff. The rooftop is to accommodate an enclosed breakout area, with an open deck; as well as the provision of new generators and water cooling towers that are to be screened from view.

67. The proposal is generally consistent with the objectives, standards and guidelines of the relevant planning controls with the exception of the height and FSR development standards.

68. The exception to the height and FSR development standards have been assessed to be acceptable in this instance as the proposed rooftop addition is within the existing building height established by the plant room currently in place; and the increase in gross floor area is 0.3% compared to existing conditions. The rooftop addition is to be screened by the new plant room to the north and east elevations and is setback at least 21.5m from the western edge of the building so it cannot be viewed from street level and is unlikely to be visible from most vantage points, with the exception of buildings facing Pyrmont Bay (being more than 500m from the subject site).



69. The new addition has a contextually appropriate form at rooftop, matching the materiality and architecture of the existing plant room, with no unreasonably adverse amenity or environmental impacts to surrounding development, and no adverse bulk impacts given the setbacks proposed.

GRAHAM JAHN, AM Director City Planning, Development and Transport (Jessica Symons, Specialist Planner)

Planning and Development Committee - 19 July 2016 - Item ...

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