central sydney planning committee (cspc) - 30 november ......nov 30, 2017 · the proposal has a...

CENTRAL SYDNEY PLANNING COMMITTEE 30 NOVEMBER 2017

DEVELOPMENT APPLICATION: 136 HAY STREET HAYMARKET 12022011

ITEM 7. DEVELOPMENT APPLICATION: 136 HAY STREET HAYMARKET

FILE NO: D/2017/727

DEVELOPMENT APPLICATION NO: D/2017/727

SUMMARY

Date of Submission:

2 June 2017, amended plans received 31 July, 19 September, 11, 18 and 30 October 2017

Applicant/ Developer:

DEDICO DEVELOPMENT SERVICES

Architect:

BVN

Owner: LINZHU (AUSTRALIA) Pty Ltd

Cost of Works: $91,268,900.71

Proposal Summary:

Stage 2 development application for the construction of a 16 storey mixed use building over 4 basement levels, comprising retail uses and tourist and visitor accommodation. A separate application for early works comprising demolition, excavation, remediation, shoring and associated site preparation works is currently under assessment. The application comprises Integrated Development as the works require approval under the Water Management Act 2000. The NSW Office of Water issued General Terms of Approval on 13 September 2017.

Concurrence was provided by Sydney Trains on 27 October 2017 (as amended by email dated 9 November 2017) in accordance with Clause 86 of State Environmental Planning Policy (Infrastructure) 2007.

The application was notified and advertised for a period of 30 days between 17 June and 17 July 2017. No submissions were received from members of the public in response to notification and advertising. Submissions were received from Ausgrid, Transport for NSW, and RMS.

The application has been amended and additional information provided in response to issues raised by Council officers regarding flooding, servicing requirements and constraints, contamination, environmental sustainability, materials and finishes, and public domain amenity and safety considerations.



Proposal Summary: (continued)

A Stage 1 approval was granted by the Central Sydney Planning Committee on 11 August 2016 for an indicative building envelope for the subject development, which was subsequently modified on 8 August 2017 following detailed design development. The proposal is generally consistent with the building envelope approved in the Stage 1 approval and accompanying design excellence strategy.

The proposal has a maximum height of 60m and complies with the sun access plane for Belmore Park and the maximum allowable FSR of 13.865:1 under Sydney Local Environmental Plan 2012 (SLEP 2012). The proposal’s materiality, colours and finishes are considered to be of a high quality and which respond to the character of the area. Council’s Design Advisory Panel support the proposal which is considered to demonstrate design excellence.

The applicant’s request that the requirement for a competitive design process be waived is supported on the grounds that a Stage 1 approval has been granted, the proposal exhibits design excellence and the proposal only marginally exceeds the applicable thresholds under Clause 7.20 of SLEP 2012.

Notable matters to be addressed via condition include:• Provision of external shading devices to the

upper levels of the northern and western facades;

• Sydney Train requirements; and

• Varying of restrictive covenants.

Summary Recommendation:

The development application is recommended for approval, subject to deferred commencement.



Development Controls:

(i) Environmental Planning and Assessment Act 1979

(ii) Water Management Act 2000

(iii) City of Sydney Act 1988

(iv) State Environmental Planning Policy (Infrastructure) 2007 (ISEPP)

(v) State Environmental Planning Policy No. 55 – Remediation of Land

(vi) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

(vii) State Environmental Planning Policy No 64 – Advertising and Signage

(viii) Sydney Local Environmental Plan 2012

(ix) Sydney Development Control Plan 2012

(x) City of Sydney Development Contributions Plan 2015

Attachments:

A - Recommended Conditions of Consent

B - Selected Drawings

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 has been satisfied in this instance;

(B) the requirement under Clause 6.21 of the Sydney Local Environmental Plan 2012 requiring a competitive design process is not reasonable or necessary in this instance; and

(C) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2017/727, subject to the conditions as detailed in Attachment A to the subject report.



BACKGROUND

The Site and Surrounding Development

1. The site consists of Lot 20 DP 1189291 at 136 Hay Street, Haymarket and has a total site area of 1,619.5m2. The site is rectangular in shape, with splayed corners to the north-west and south-western corners of the site. There is a fall of 2.5m across the site in a south westerly direction.

2. The site is currently in use as a private at grade carpark accessed from Campbell Street. The site is free of built structures with the exception of light poles and metal fence, enclosing an asphalt concrete surface.

3. There are a number of mature street trees that surround the site.

4. The site is bound by Pitt Street to the west, Campbell Street to the north and Hay Street to the south. Immediately abutting the eastern boundary of the site is the large Belmore Park Zone Substation, approximately 22m in height, which also extends into a portion of the site below ground. This substation has resulted in an easement affecting the land, approximately 417m2, which is unable to be built on.

5. There are a number of other easements and covenants affecting the site, including:

(a) The Eastern Suburbs railway tunnel (south-west corner) of the site;

(b) Easement for light and air at the eastern portion of the site, with the proposed development to be setback 7.7m from the eastern site boundary;

(c) Easements for services to provide separation between the subject site and the Belmore Park Zone substation;

(d) Various easements relating to Ausgrid including right of access, noise, vibration and electrolysis, as well as electro-magnetic fields; and

(e) Covenants in relation to solar access protection for Belmore Park which restricts the height of the building.

6. The site is not located within a heritage conservation area; however, a number of local heritage items are within close proximity to the site. These include:

(a) Belmore Park and Central Station group including buildings, station yard, and viaducts to the south of the site;

(b) The Manning Building at 447-451 Pitt Street;

(c) The Capitol Theatre at 3-21 Campbell Street; and

(d) The Chamberlain Hotel at 420-428 Pitt Street.

7. The site adjoins the Haymarket/ Chinatown Special Character Area.

8. Photos of the site and surrounds are provided below:



Figure 1: Aerial image of subject site and surrounding area

Figure 2: Subject site viewed from Hay Street, with the extent of the Hay Street frontage indicated by the arrow



Figure 3: Site viewed from the corner of Hay Street and Pitt Street, looking east

Figure 4: Site viewed from Campbell Street, looking south towards Belmore Park



Figure 5: View east along Campbell Street, with the subject site indicated by the arrow

PROPOSAL

9. The application seeks consent for the construction of a 16 storey mixed use development comprising a tapered tower form with a service lane extending along the eastern portion of the site. The proposed development consists of:

(a) Basement Level 3

(i) Parking for 21 cars (18 allocated to hotel use, 1 allocated to the supermarket, 1 to retail use, 1 allocated to commercial use)

(ii) 22 staff bicycle parking spaces and end of trip facilities;

(iii) Gymnasium for hotel guests; and

(iv) Plant and storage.

(b) Basement Level 2

(i) Hotel back of house areas comprising offices, staff amenities, kitchen, storage;

(ii) Hotel and retail waste areas; and

(iii) Plant and services.



(c) Basement Level 1

(i) Hotel event space, meeting rooms and associated back of house areas and amenities comprising 687.5m2; and

(ii) Plant and storage.

(d) Lower Ground Floor

(i) Retail (supermarket) comprising 724m2

(e) Ground Floor

(i) Five retail tenancies with frontage to Hay, Pitt and Campbell Streets;

(ii) Hotel lobby with frontage to Campbell Street;

(iii) Supermarket entrance from Hay Street (measure);

(iv) Waste room, plant and services;

(v) 7.6m wide service lane accommodating all loading, deliveries, guest pick-up and drop-off and vehicular entry to the basement car park utilising a car lift, accessed from Hay Street; and

(vi) 22 visitor bicycle parking spaces within the service lane and along Hay Street frontage.

(f) Levels 1 - 16

(i) 306 room hotel;

(ii) Swimming pool on Level 7; and

(iii) 104 seat restaurant, function room and terrace bar with seating for 69 patrons located on Level 7 terrace (481m2).

10. A total gross floor area (GFA) of 14,635.7m2 is proposed, comprising

(a) 584m2 Retail (ground floor);

(b) 748.2m2 Supermarket (lower ground and ground floor); and

(c) 13,303.5m2 Hotel.

11. A ‘vertical garden’ is proposed to extend along the roof plane, utilising stepped planter beds integrated into terraces from Level 8 to Level 16. The vertical garden is integrated into the architectural design of the building and will be fully maintained and irrigated on each level.

12. The application includes the removal of three existing street trees, and replacement plantings to provide two new street trees on the Hay Street frontage and two new street trees on the Campbell Street frontage.

13. A potential location for future public art has been identified within the central lightwell.



DESIGN ADVISORY PANEL

14. The City’s Design Advisory Panel (DAP) considered the application on 12 October 2017.

15. The DAP was supportive of the proposed development, particularly the vertical garden and proposed materiality, and made the following recommendations:

(a) Increasing the proportion of masonry to glass on the Pitt Street facade should be investigated.

Response: The proposal was amended to strengthen the masonry base at the south-western corner of the site by introducing a curved masonry treatment between the ground floor and Level 6. This is considered to respond to the masonry character of surrounding heritage items. A facade study was undertaken to investigate different massing and facade treatments, including the introduction of passive shading devices to the glazing on the northern and western facades. The composition of masonry and glazed elements has not been further amended in order to maintain the architectural design intent, however it is acknowledged that external shading devices may provide some benefit to reduce solar heat load to the glazing on the Pitt Street and Campbell Street facades. An appropriate condition of consent has been recommended to ensure that passive external shading devices are provided to these facades. Subject to the introduction of passive external shading devices, the extent of glazing to the Pitt Street facade is considered acceptable.

(b) The safety of pedestrians accessing the service lane should be considered, including maximising windows overlooking the lane.

Response: The proposed service lane is not intended to function as a through-site link and pedestrian access is not encouraged, however the hotel pick-up/ drop-off zone is located within the service lane, adjacent to the hotel lobby. Appropriate lighting, demarcation and signposting will assist wayfinding and improve amenity and safety for pedestrians.

The proposal has been amended to include a Loading Dock Plan of Management to ensure the safe management of vehicles accessing the service lane, including a Loading Dock Manager overseeing operations. The Loading Dock Management Plan is supported in principle, however conditions of consent have been recommended to address the operation of the service lane, including an amended plan of management for the service lane in accordance with the requirements of Transport for New South Wales (TfNSW). It is noted that the service lane is overlooked by hotel room windows.

(c) The extent of basement workspaces without access to natural daylight should be reconsidered.

Response: The proposal has been amended to include the use of Basement Level 1 within the hotel for back of house uses (storage, meeting rooms, staff amenities) and events and exhibition space. As such the extent of workspace within the basement levels is limited to the supermarket and hotel uses, and is capable of achieving compliance with the requirements of the Building Code of Australia with regards to light and ventilation.



AMENDED PROPOSAL

16. On 31 July 2017, the application was amended as follows:

(a) Additional information relating to contamination, flooding, traffic, servicing, bicycle parking, hotel management and compliance against relevant controls provided;

(b) Plans, sections and axonometric views with details of facade treatments and curtain wall provided, including an updated schedule of materials and finishes;

(c) Indicative signage zones provided;

(d) Justification provided for floor to floor height of Level 1; and

(e) Detailed cost estimate provided.

17. On 25 and 28 August 2017, the application was amended as follows:

(a) Additional information requested by Sydney Trains relating to geotechnical investigations, construction methodology, contamination, cross sectional drawings and a detailed survey plan provided.

18. On 19 September 2017, the application was amended as follows:

(a) Additional information regarding the proposed materials and finishes and details of drainage and irrigation of the vertical garden and terraces provided;

(b) Amended plans including a revised south-western corner treatment, continuous awning at ground level, revised colour finish to roof,

(c) A revised ESD Report and an analysis of vertical external shading devices to the western facade prepared by Floth provided; and

(d) Further additional information relating to traffic generation, servicing requirements, vehicle swept path analysis, flooding and contamination provided.

19. On 11 October 2017, the application was amended as follows:

(a) Amended ground floor plan to relocate the hotel lobby and align shopfronts with boundary and floor plans amended to include rounded corner treatment to the south-western corner;

(b) Updated gross floor area calculations provided;

(c) Further amended ESD report prepared by Floth provided; and

(d) Loading Dock Management Plan provided.


(a) Amended ground floor plan to address flooding provided;

(b) Basement plans revised to include the use of Basement Level 1 as part of the hotel use; and



(c) Updated Waste Management Plan, traffic statement and BCA report in light of revised use of Basement Level 1 provided.


(a) Updated Hotel Plan of Management to reflect inclusion of basement Level 1 provided.


(a) Updated landscape plans and render showing curved south-west corner treatment provided; and

(b) Facade study investigating options for external shading devices and different massing proportions of glazed and masonry materials provided.

23. Plans and renders of the proposed development are provided below.

Figure 6: Photomontage showing south-western facades to Pitt and Hay Street frontages



Figure 7: Photomontage of proposal as viewed from Campbell Street



Figure 8: Proposed western elevation to Pitt Street



Figure 9: Proposed southern elevation to Hay Street (roof shown without proposed vertical garden)

service lane



Figure 10: Proposed north elevation to Campbell Street

hotel lobby retail



Figure 11: Proposed eastern elevation (as viewed from service lane)



Figure 12: Proposed Basement Level 3





Figure 15: Proposed lower ground floor plan



Figure 16: Proposed ground floor plan

Figure 17: Typical lower level floorplan

service lane

Hotel lobby

supermarket entry



Figure 18: Proposed Level 7 floorplan

Figure 19: Typical upper level floorplan



Figure 20: Proposed section. The dashed line indicates 55m above ground level.

approx. 55m above ground level



Figure 21: Proposed section



Figure 22: Detailed section showing upper level terraces and vertical garden

Figure 23: Roof plan including vertical garden



HISTORY RELEVANT TO THE DEVELOPMENT APPLICATION

D/2015/1490

24. On 11 August 2016 development consent was granted by the Central Sydney Planning Committee for a Stage 1 application for a mixed-use building envelope with indicative land uses comprising retail, commercial and hotel accommodation.

25. This consent was subsequently modified on 8 August 2017 (Modification A) to allow for minor variations to the approved building envelope resulting from detailed design development.

26. The subject Stage 2 application is not inconsistent with the approved Stage 1 building envelope. The requirements of conditions of consent relating to the Stage 1 application have been addressed separately below:

Condition Addressed

5 Heritage Conservation Works

Heritage Impact Statement and an Archaeological Assessment report required to be submitted.

A Statement of Heritage Impact and Archaeological report have been submitted.

6 Sun Access Modelling

Sun access modelling confirming that the development will not impact on the Belmore Park sun access plane to be submitted

Modelling has been provided which confirms that the proposed development is below the Belmore Park sun access plane.

7 Building Height

The maximum height of the buildings as defined in the Sydney Local Environmental Plan 2012 may not exceed 55m with the exception of an architectural roof feature.

The maximum height of the proposed development is 60m, including an architectural roof feature which integrates a plant room at Level 16 into the vertical garden and roof design, that accounts for the exceedance of the 55m height limit. The architectural roof feature is consistent with the requirements under Clause 5.6 of the LEP.



Condition Addressed

8 Floor Space Ratio

The Floor Space Ratio of the proposal must not exceed the maximum permitted floor space as calculated in accordance with the Sydney Local Environmental Plan 2012. Precise details of the distribution of floor space shall be provided with the future Stage 2 development applications. Any floor space ratio in excess of 8:1 shall be subject to a requirement to purchase heritage floor space (HFS) in accordance with the requirements of Clause 6.10 of the Sydney Local Environmental Plan 2012.

The proposal results in a total FSR of 9:1 which complies with the maximum permissible FSR of 15.3:1. This includes accommodation and retail floor space bonuses in accordance with Clause 6.4 of SLEP 2012.

A condition of consent has been recommended for the purchase of the required Heritage Floor Space in accordance with Clause 6.11 of SLEP 2012.

9 Hotel Use

Documentation shall be submitted with the Stage 2 Development Application for the hotel use and its operation in accordance with the requirements of Section 4.4.8 of the Sydney Development Control Plan 2012

A Hotel Plan of Management has been submitted.

10 Residential/ Serviced Apartment Use and Strata Subdivision Not Permitted

The application does not include residential or serviced apartment uses, and does not include strata subdivision.

11 Flood Levels

Appropriate flood planning levels to be submitted and floor level entries including any opening to basement and lift wells, lobby must comply with the City’s Interim Floodplain Management Policy for setting floor levels

A Flood Strategy Report has been submitted. The application has been amended to address flood planning levels. Refer to the discussion under the heading Issues.

12 Trees

All street trees surrounding the site must be accurately surveyed and the plan submitted with the Stage 2 Development Application.

The site survey provides details of all street trees.

13 Landscaping

A detailed landscape plan is to be submitted with the Stage 2 Development Application.

A Landscape Plan has been submitted with the application.



Condition Addressed

14 Floor To Ceiling Levels

The detailed design of the Stage 2 Development Application shall meet the floor to ceiling height controls in accordance with the Sydney Development Control Plan 2012 (Clause 4.2.1.2)

The application generally complies with the minimum floor to ceiling heights under Sydney DCP 2012 and is consistent with the floor to floor heights envisioned under the approved Stage 1 building envelope.

15 Public Art

A Public Art Strategy is to be submitted and the nominated location of public art is to be included in any future Stage 2 DA.

A Public Art Strategy prepared as part of the Stage 1 application has been submitted. The applicant advises that the Public Art Strategy has not been further refined due to uncertainty regarding the design and operation of the service lane at the time of submission. Refer to the discussion under the heading Issues.

16 Wind

The detailed design shall be subject to wind tunnel testing to ascertain the impacts of the development on the wind environment and conditions within the publicly accessible pedestrian space, the surrounding streets, neighbouring buildings, and communal external areas within the subject development.

Any recommendations of this wind tunnel testing and wind assessment report shall be incorporated into the final detailed design lodged as a Stage 2. The use of awnings along frontages is to be incorporated into any future design to ameliorate against any wind impacts.

A Wind Tunnel Test report has been submitted with the application. The report identified that the site is affected by strong winds at the south eastern and north western corners, at the Level 7 terrace and through the service laneway. Recommendations have been provided to ameliorate wind impacts, including the use of landscaping, wind shields and limiting entries to the ground floor retail tenancies.



Condition Addressed

17 Construction Noise Management Plan

A Construction Noise Management Plan must be prepared and submitted with the Stage 2 Development Application

A Construction Noise Management Plan was provided as an appendix to the Acoustic Report prepared by Acoustic Logic. A condition of consent has been recommended to require the preparation of Demolition, Excavation and Construction Noise and Vibration Management Plan that addresses specific requirements in accordance with advice provided by the City’s Health and Building specialists.

18 Construction Traffic Management Plan

A construction traffic management plan must be prepared and submitted with the Stage 2 Development Application.

A Construction Traffic Management Plan has been provided as an appendix to the Traffic Impact Statement submitted. Refer to the discussion under the heading Issues.

19 Transport Impact Assessment

A detailed Transport Impact Study must be submitted with the Stage 2 Development Application.

A Traffic Impact Statement has been submitted. Refer to the discussion under the heading Issues.

20 Waste Collection

The future Stage 2 Development Application shall demonstrate compliance with Council’s requirements for waste collection for Waste Minimisation in New Development 2005.

The proposal is capable of compliance with Council’s requirements for waste collection. Appropriate conditions of consent have been recommended.

21 Ausgrid

Details consultation with Ausgrid are to be provided with the Stage 2 Development Application.

Evidence of consultation with Ausgrid has been provided. Ausgrid have confirmed that they do not object to the proposed development, and have provided conditions of consent.



Condition Addressed

22 Demolition, Excavation and Construction Noise and Vibration Management Plan

A site specific noise management plan shall be submitted with the Stage 2 Development Application.

The Acoustic Report submitted with the application includes measures to address construction noise and vibration. A condition of consent is recommended to require the submission of a separate Construction Noise and Vibration Management Plan that addresses specific requirements identified by Council’s Health and Building Unit.

23 Access and Facilities for Persons with Disabilities

An Access Report shall be submitted with the Stage 2 Development Application to demonstrate that the building has been designed and is capable of being constructed to provide access and facilities for people with a disability in accordance with the Building Code of Australia.

An Access Report and BCA Report have been submitted.

24 Central Sydney Traffic and Transport Committee (CSTTC)

The Stage 2 Development Application is to include a brief assessment in line with the CSTTC assessment criteria.

The application was considered by the CSTTC. No additional requirements were identified by the CSTTC beyond those already provided in submissions from TfNSW and RMS.

25 On Site Loading Areas and Operation

All loading and unloading operations associated with servicing the site must be carried out within the confines of the site, at all times, and must not obstruct other properties/units or the public way. At all times the service vehicle docks, car parking spaces and access driveways must be kept clear of goods and must not be used for storage purposes, including garbage storage.

The proposal provides all loading and unloading operations associated with servicing the site within the proposed service lane, which is wholly within the site boundaries. A Loading Dock Management Plan has been provided and appropriate conditions of consent have been recommended.



Condition Addressed

28 Service Vehicle Size Limit

The Stage 2 Development Application must include a swept path assessment for the largest vehicle to access the proposed servicing area.

Swept path assessments have been provided.

29 Service Vehicles

Courier spaces and loading docks must be located close to the service entrance and away from other parking areas. Adequate space must be provided to allow manoeuvring and turning of different sized vehicles within the designated loading area

The proposal is capable of providing all servicing and within the proposed service lane. A Loading Dock Plan of Management has been submitted. Appropriate conditions of consent have been recommended.

30 Vehicle Access

The site must be configured to allow all vehicles to be driven onto and off the site in a forward direction.

The proposed service lane has been designed to ensure that all vehicles enter and exit the site in a forward direction.

31 Vehicle Lift

The Stage 2 Development Application must include details of the proposed vehicle lift system, including an assessment of vehicle queuing and consequential impacts on the road network, if any.

Details of the proposed vehicle lift system have been provided and impacts of the proposal on the road network have been addressed. Refer to the discussion under the heading Issues.

32 Bicycle parking

Details of the location, number and class of bicycle parking must be included in the Stage 2 Development Application. All visitor bicycle parking is to be provided at ground floor level in an easily accessible and visible location. Staff bicycle parking is to be provided at ground floor level or basement level 1 and is to be in close proximity to end-of-trip facilities.

Bicycle parking facilities have been provided. Refer to the discussion under the heading Issues.



Condition Addressed

33 Coach Parking

A coach parking management plan for the hotel use is to be submitted with the Stage 2 Development Application.

The application was amended to restrict the size of vehicles accessing the site to 8.8m medium rigid vehicles. This restriction prevents coaches from accessing the site. A condition of consent has been recommended to require the preparation of a Coach Parking Management Plan to identify coach parking locations in the vicinity of the site and address coach arrival procedures and management.

35 RMS

Information and requirements of NSW Transport Roads & Maritime Services must be fully addressed and detailed in the Stage 2 Development Application

RMS have been consulted and their requirements are reflected in the recommended conditions of consent.

36 Sydney Trains

Information and requirements of Sydney Trains must be fully addressed and detailed in the Stage 2 Development Application

Sydney Trains has provided concurrence and their requirements are reflected in the recommended conditions of consent.

37 Electricity Substation

The owner must dedicate to the applicable energy supplier, free of cost, an area of land within the development site, but not in any landscaped area or in any area visible from the public domain, to enable an electricity substation to be installed. The size and location of the substation is to be submitted for approval of Council and Ausgrid with any future Stage 2 Development Application.

An appropriate condition of consent has been recommended.

38 Public Domain Plan

A detailed Public Domain Plan must be lodged with the relevant Stage 2 Development Application.

A Public Domain Plan has been submitted.



Condition Addressed

39 Stormwater and Drainage

Any Stage 2 Development Application is to provide details of the drainage system for the development which is to be designed and constructed in accordance with Council's standard requirements.

A Stormwater Management Strategy has been submitted.

40 Land Contamination

The Stage 2 application must include documentation that demonstrates the requirements of State Environmental Planning Policy No 55 are addressed.

A Remediation Action Plan has been submitted.

41 Acid Sulfate Soils

A preliminary acid sulfate soil assessment is required to be prepared. Where the preliminary site assessment confirms that the site is subject to acid sulfate soils which may affect the integrity development then an Acid Sulfate Soils Management Plan must also be prepared.

A Contamination Investigation has been undertaken for the site which concludes that the subject site has no risk of occurrence for Acid sulphate soils. As such an Acid Sulfate Soils Management Plan is not required.

CITY OF SYDNEY ACT 1988

27. 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.

(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."

28. Consultation has been undertake with the CSTTC. No additional comment has been provided by CSTTC further to submissions made by the Sydney Coordination Office, TfNSW and RMS.

ECONOMIC/SOCIAL/ENVIRONMENTAL IMPACTS

29. 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 55—Remediation of Land

30. 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.

31. A Stage 2 detailed site investigation has been undertaken, and a Remediation Action Plan and Letter of Interim Advice from a NSW Accredited Site Auditor submitted.

32. The City’s Health Unit is satisfied that subject to conditions, the site can be made suitable for the proposed uses.

State Environmental Planning Policy (Infrastructure) 2007

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

Clause 45

34. 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 immediately adjoins an easement for electricity purposes and is directly adjacent to an electricity substation.

35. In accordance with the Clause, the application was referred to Energy Australia (Ausgrid) for a period of 21 days. Ausgrid confirmed that no objections are raised to the proposed development, subject to the imposition of recommended conditions of consent, particularly regarding protection of Ausgrid assets and easements. These conditions of consent have been included in the recommended conditions of consent (refer to Attachment A).



Clause 85

36. The application is subject to Clause 85 (Development immediately adjacent to rail corridors) of the SEPP, as the development is immediately adjacent to the light rail corridor.

37. In accordance with the Clause, the application was referred to Sydney Trains for a period of 21 days. Sydney Trains requested additional information in the form of a geotechnical report, detailed survey, construction methodology and structural design. Additional information provided by the applicant was submitted to Sydney Trains on 28 August 2017.

38. On 27 October 2017, Sydney Trains provided concurrence (as amended by email dated 9 November 2017) in accordance with Clause 85, subject to operational conditions of consent regarding traffic flow impacts, stormwater runoff, electrolysis and compliance with relevant standards. Refer to Attachment A.

Clause 86

39. The application is subject to Clause 86 (Excavation in, above or adjacent to rail corridors) of the SEPP as the development proposes 4 levels of basement in close proximity to a rail easement.

40. In accordance with the Clause, the application was referred to Sydney Trains for a period of 21 days. Sydney Trains requested additional information in the form of a geotechnical report, detailed survey, construction methodology and structural design. Additional information provided by the applicant was submitted to Sydney Trains on 28 August 2017.

41. On 27 October 2017, Sydney Trains provided concurrence (as amended by email dated 9 November 2017) in accordance with Clause 86, subject to deferred commencement conditions requiring further detailed information regarding the methodology of excavation and construction design. Refer to Attachment A.

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

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

43. 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.



44. 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.

45. The development is consistent with the controls contained within the deemed SEPP.

Sydney LEP 2012

46. The site is located within the B8 – Metropolitan Centre zone. The proposed use is defined as ‘tourist and visitor accommodation’ and ‘commercial premises’ and is permissible with consent.

47. 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 The height of the proposed development is 60m above ground level. The maximum permissible height permitted is determined by the Belmore Park Sun Access Plane. The proposal complies with the sun access plane.

4.4 Floor Space Ratio Yes A maximum FSR of 8:1 applies to the site. A bonus hotel accommodation floor space of up to 6:1 and bonus retail floor space of up to 4.5:1 apply to the site. Based on the proposed distribution of land uses being 91% hotel and 9% retail the maximum FSR available to the site is13.865:1. A FSR of 9:1 is proposed, comprising:

• Hotel gross floor area of 13,303.5m2

• Retail gross floor area of 1,332.2m2

5.6 Architectural roof features

Yes The proposal includes an architectural roof feature that integrates a plant room at Level 16 into the design of the roof and vertical garden.



Compliance Table


5.10 Heritage conservation

Yes The subject site is not located in a heritage conservation area but is in close proximity to a number of local heritage items. The proposal is not considered likely to result in detrimental impacts on the significance of surrounding heritage items.

Part 6 Local provisions - height and floor space

6.11 Allocation of heritage floor space

Yes The proposal seeks to utilise 1,528.5m2 of bonus accommodation floor space in Area 2 for a building that will exceed 55m in height. A condition of consent is recommended to require the allocation of 764.25m2 of Heritage Floor Space (HFS).

6.16 Erection of tall buildings in Central Sydney

Yes The proposal involves the erection of a tall building greater than 55m in height on a site with an area greater than 800m2

Division 3 6.17 Sun Access Planes

Yes The proposed development complies with the sun access plane for Belmore Park. See discussion under the heading Issues.



Compliance Table


Division 4 Design excellence

Yes Under this clause a competitive design process is required as the proposal exceeds 55m in height. The applicant has requested that Council waive the requirement a competitive design process on the grounds that this would be unreasonable or unnecessary in the circumstances. This request is supported. Refer to the discussion under the heading Issues. The proposed development achieves design excellence as it displays a high standard of architectural design, materials and detailing appropriate to the building type and location. The proposal has been designed in response to solar access requirements for Belmore Park, and is considered to positively respond to the public domain by providing appropriate ground level interfaces which activate the public domain. The proposed development achieves a high standard of ecologically sustainable design and has committed to achieving a 4 Star NABERS rating.

Part 7 Local provisions—general

Division 1 Car parking ancillary to other development

Yes A maximum of 69 car parking spaces are permitted (66 for the hotel use and 3 for the retail use). 21 car parking spaces are proposed on Basement level 3, allocated as follows:

18 x hotel 3 x retail

7.14 Acid Sulphate Soils Yes The site is identified as containing class

5 Acid Sulphate Soil. A Contamination Investigation has been undertaken for the site which concludes that subject site has no risk of occurrence for Acid sulphate soils. As such an Acid Sulfate Soils Management Plan is not required.



Compliance Table


7.15 Flood planning Yes The site is identified by Council as being flood prone. The proposal has been amended to provide an appropriate response to the flood hazard of the site. See discussion under the heading Issues.

7.16 Airspace operations Yes

The proposed development will not penetrate the Obstacle Limitation Surface as shown on the Obstacle Limitation Surface Map for the Sydney Airport.

7.20 Development requiring preparation of a development control plan

Yes As the proposal would result in a building over 55m in height and the site area exceeds 1,500m2 the preparation of a site specific Development Control Plan is required. This requirement has been met as a Stage 1 development consent has been granted for the proposed development.

Sydney DCP 2012

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

3. General Provisions


3.1 Public Domain Elements

N/A The proposed development will provide a service lane which will remain privately owned land and is intended to accommodate servicing and hotel pick-up and drop-off requirements. The service lane is not intended to function as a through-site link or a public road and as such the requirements under this Section of the DCP do not apply. A condition of consent has been recommended with regard to the provision of public art.





3.2 Defining the Public Domain

Yes The proposed development will enhance the public domain by positively addressing all street frontages and contributing to activity and surveillance of the public domain, ensuring adequate sun access to publicly accessible spaces and considering public views. A continuous glazed awning 2.4m deep and between 4.1m and 4.3m above footpath level is proposed to the northern and western facades, wrapping around the south-western corner of the building. The awing is integrated with the architectural features of the building. A Wind Tunnel Test report was submitted with the application. The report found that the wind environment affecting the development comprised:

• Strong southerly winds impacting the southeast corner of the development.

• Southwesterly winds accelerating around the northwest corner and then being drawn through the laneway.

• Easterly, southerly and westerly winds being induced through the Level 7 terrace (south).

• Easterly and southwesterly winds accelerating around the northwest corner of the development.

Measures to mitigate wind impacts have been incorporated into the design of the proposed building, including an enclosable glass wall to the southern facade at Level 7, vertical wind shields to the northern and eastern perimeter of the Level 7 terrace, landscaping, and limiting each ground floor retail tenancy to openings on one facade only.





A Reflectivity Report was submitted with the application, which found that the proposal is expected to result in acceptable levels of glare providing that glazing on the north, west and south facades above level two have a reflectivity coefficient of less than 12%. It is noted that while large areas of glazed facade are proposed, the facade treatments also incorporate masonry elements and low reflectivity materials and facades are comprised of vertical and horizontal protrusions. In addition it is noted that a condition of consent has been recommended to require external passive shading devices to the glazed northern and western facades.

3.5 Urban Ecology Yes The proposed development involves the removal and replacement of 3 street trees. While the City’s Tree Management Unit do not support the removal of the existing street trees, the proposal will not adversely impact on the local urban ecology. Appropriate conditions of consent have been recommended with regard to the replacement plantings.

3.6 Ecologically Sustainable Development

Yes An Ecologically Sustainable Development Report was submitted with the application which includes a commitment to achieving a NABERS energy rating of 4 stars. The report also identifies energy and water efficient appliances and building materials to be utilised which will reduce reliance on air conditioning, such as high performance tinted glazing, operable windows to hotel rooms, internal shading devices, and a green roof. Subject to the addition of external passive solar shading devices to the glazed northern and western facades, the proposal satisfies environmental requirements. Refer to discussion under the heading Issues.





3.7 Water and Flood Management

Yes The site is identified as being on flood prone land. Refer to the discussion under the heading Issues. A Stormwater Management Strategy was submitted with the application. This has been reviewed by Council’s Public Domain Unit who consider the application to have acceptable stormwater impacts subject to the imposition of recommended conditions of consent.

3.9 Heritage Yes The site is in the vicinity of a number of local heritage items. The proposed development is not considered to detrimentally impact on the significance of surrounding heritage items or their settings.

3.11 Transport and Parking

Yes 21 parking spaces are proposed on Basement level 3, accessed from the service lane via a car lift. Hotel parking spaces are to be accessed using a valet service. A dedicated drop-off/ pick-up zone for hotel guests has been provided adjacent to the hotel lobby within the service lane. Servicing and loading for all proposed uses within the development will be accommodated within the proposed service lane. A Loading Dock Management Plan has been submitted which restricts the maximum size vehicles permitted to enter the service lane to 8.8m (medium rigid vehicle). Coaches will not be permitted to enter the service lane, and will utilise dedicated on street coach parking bays in the vicinity of the site. Appropriate conditions of consent have been recommended regarding the loading dock and coach parking management.





The proposed service lane and basement parking is considered sufficient to cater for the estimated traffic generation associated with the proposal. Council’s Traffic Engineers have reviewed the proposal and consider it to be acceptable, subject to the imposition of recommended conditions of consent.

3.12 Accessible Design Capable A condition has been recommended to ensure that the proposed development provides appropriate access and facilities for persons with disabilities in accordance with the DCP and the NCC.

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 to ensure that the proposed development complies with the relevant provisions of the City of Sydney Code for Waste Minimisation in New Developments 2005.





3.15 Late Night Trading Management

Yes The site is located within a City Living Area under the DCP. The proposal seeks approval for 24 hour operation, and the applicant has indicated that a Hotel Liquor License will be sought, which would result in the premises being categorised as a Category A premises. Under Sydney DCP, the following trading hours are recommended Category A premises in the City Living Area:

Base Extended Indoor 7am-11pm 7am-5am Outdoor 10am-8pm 10am-12am

It is noted that a Category B Plan of Management has been provided. 24 hour trading is not considered appropriate for the proposed retail premises given that the details of their fit out and use are unknown, or for the restaurant/bar on Level 7 given that a hotel liquor license will be sought. A condition of consent is therefore recommended to restrict the retail uses on the Lower Ground and Ground floor to base trading hours. Extended trading hours until 1:00am (indoor) and 10:00pm (outdoors), subject to a 12 month trial period are recommended for the restaurant/bar on Level 7.

3.16 Signage No Plans have been submitted with indicative signage zones on each elevation of the building. The information submitted does not constitute a signage strategy and contains insufficient detail to enable an assessment against the provisions of the DCP. An appropriate condition of consent has been recommended to require a separate application for a signage strategy.



4. Development Types

4.2 Residential flat, commercial and mixed use developments


4.2.1.2 Floor to ceiling height

No

Yes

No

The first basement floor (lower ground level) achieves a floor to ceiling height of between 3.5m and 4.6m which fails to achieve the minimum requirement of 4.5m. Refer to discussion under the heading Issues. The ground floor achieves the minimum floor to ceiling height of 4.5m All floors above ground floor have a floor to floor height of 3.1m, with the exception of Level 7 which has a floor to floor height of 4.1m. As such, only Level 7 complies with the minimum requirement of 3.6m for commercial floors from the first floor and above. Refer to discussion under the heading Issues.

4.2.3.2 Lightwells Yes The proposal includes a central lightwell that is open to the sky. The lightwell does not provide the only source of light to habitable rooms and is not considered to generate unacceptable noise or visual privacy impacts.

4.2.3.3 Internal Common Areas

Yes Corridors and lift lobbies have access to natural daylight. The proposal achieves the minimum 2m requirement for corridor widths in front of lifts.

4.2.3.4 Design Features to Manage Solar Access

No The proposal does not provide external shading devices but relies on a combination of high performance tinted glazing and internal blinds. Refer to discussion under the heading Issues.




4.2 Residential flat, commercial and mixed use developments


4.2.3.11 Acoustic Privacy Yes An Acoustic Assessment was submitted with the application to assess potential noise and vibration emissions associated with the proposal and the impact of noise and train vibration on the development. The assessment concludes that subject to recommendations relating to construction materials and methodology, the proposal will achieve an acceptable level of amenity, and will not result in unacceptable noise or vibration impacts on surrounding development. Appropriate conditions of consent have been recommended.

4.2.4 Fine Grain, Architectural Diversity and Articulation

No The Pitt Street frontage has a length of approximately 47.7m, which exceeds the maximum frontage for a single building of 40m on streets with a width of less than 18m. The proposal is however considered to achieve the objectives of this clause as the massing, fenestration and use of materials provides appropriate articulation to reduce the overall bulk and scale of the building, in particular, the contrast between the contemporary glazed elements interlocking with the masonry “podium” accentuated by the recess at the 7th floor and curved corner treatments.




4.4.8 Visitor Accommodation


4.4.8.1 General Yes The hotel does not share common access ways with adjoining properties. A Hotel Plan of Management has been submitted which includes provision for an on-site manager 24 hours per day, 7 days per week.

4.4.8.3 Additional provisions for hotels

Yes The proposal provides average room sizes to accommodate two adults of 23m2 which exceeds the minimum requirement of 3.25m2 per person. Rooms are adequately sized to permit guests to store baggage and travel items within rooms. No kitchenettes are proposed.

5. Specific Areas - Central Sydney


5.1.2 Building setbacks No

Yes

The proposal does not achieve a minimum weighted average setback of 8m above the required street frontage height. Refer to the discussion under the heading Issues. The proposal achieves the required side setback of 3m from side and property boundaries above a height of 45m.

5.1.3 Street frontage heights and setbacks for Special Character Areas

No The site adjoins the Haymarket/ Chinatown Special Character Area, and is in the vicinity of a number of heritage items. A street frontage height of 15m, or the street frontage height of the nearest heritage item on the same side of the street block in which the site is located is prescribed. A minimum weighted average setback of 8m is required above the street frontage height.



5. Specific Areas - Central Sydney


The proposal provides a street wall height that gradually increases from 21m at the southern end of the site to 60m at the northern end. No setbacks are provided above the street frontage height, however the Level 7 terraces provide a stepped built form, set in 4m at the northern end and 12.5m at the southern end. This is considered acceptable. Refer to the discussion under the heading Issues.

5.1.5 Building bulk Yes The maximum horizontal dimension above 45m is 15m in height.

5.1.6 Building exteriors Yes The tapered form of the building responds to the sun access plane for Belmore Park, and provides a visually distinctive and interesting design, complemented by a vertical garden.

The massing and materials complement the masonry character of the surrounding streetscape, including heritage items.

The proposal conceals plant in the upper levels of the building by integrating this with the roof and vertical garden design. The proposal is considered to display a high quality of architectural design and detailing, and provides a visually distinctive building.

5.1.9 Heritage floor space Yes 764.25m2 of Heritage Floor Space (HFS) is required to be allocated as the proposal seeks to utilise a bonus of 1,528.5m2 accommodation bonus floor space and is located within Area 2.

An appropriate condition of consent has been recommended.

5.1.10 Sun access planes Yes The proposal does not exceed the Belmore Park sun access plane.



ISSUES

Requirement for a Development Control Plan or Competitive Design Process

49. The proposed development exceeds 55m in height by 5m and is located on a site with an area of 1,619.5m2. The proposal therefore triggers the requirement under Clause 7.20 of SLEP 2012 for the preparation of a Development Control Plan. This requirement may be satisfied by the making of a staged development application in accordance with Clause 83C of the EP&A Act 1979.

50. Under Clause 6.21 of SLEP 2012, a competitive design process is required to be undertaken for development in respect of which a development control plan is required to be prepared under clause 7.20, and for buildings in Central Sydney exceeding 55m.

51. The Applicant has requested that the requirement for a competitive design process be waived on the following grounds:

(a) The developable area of the site on which a building can be situated is compromised by an easement of 417m2 along the eastern portion of the site. This results in a developable area of only 1,202m2 which is less than the 1,500m2 threshold under Clause 7.20.

(b) The only portion of the development that exceeds 55 metres in height comprises plant accommodated in the sloping roof form. The height is capped by the sun access plane to Belmore Park can therefore cannot be exceeded.

(c) Due to the site’s spatial and height constraints, there is no opportunity to utilise additional height and floor space which would otherwise be afforded to the development through the competitive design process.

(d) The proposed development is subject to a Stage 1 approval.

52. As noted elsewhere in this report, the proposed development is considered to demonstrate design excellence in accordance with the requirements of SLEP 2012. As such, the proposal exhibits a high standard of architectural design and detailing, and is not considered to result in significant adverse impacts on adjoining development or the public domain.

53. On this basis, and the grounds provided above, it is considered it would be unreasonable or unnecessary in the circumstances to require a Competitive Design Process, in accordance with Clause 6.21(6) of SLEP 2012.

Covenants Restricting Height of Development

54. The subject site is affected by two registered covenants which restrict the height of the development to maintain solar access to Belmore Park. The covenants benefit the City of Sydney and are registered on title. The same covenants also burden the adjoining site containing the Ausgrid substation.

55. It is understood that there is a minor discrepancy between the height restriction under the covenants and the sun access plane prescribed under Clause 6.17 of SLEP 2012. The discrepancy is a result of the covenant being based on historical solar access planes, which have since been adjusted under SLEP 2012, based on additional survey information available at the time of drafting the LEP.



56. As a result, while the proposal complies with the sun access plane prescribed under Clause 6.17 of SLEP 2012, it exceeds the height prescribed under the covenants.

57. Both covenants may be amended or extinguished with the consent of the City of Sydney in accordance with section 88E(7) of the Conveyancing Act 1919.

58. A condition of consent has been recommended to enable the varying of the covenants, as it affects the subject site only, to reflect the sun access plane under SLEP 2012 and the building envelope of the subject application.

Transport and Parking

59. The proposal provides a one-way service lane extending in a northerly direction along the eastern boundary of the site. The service lane is not intended to operate as a through-site link for pedestrian access, but has been designed to accommodate all site servicing and remain in private ownership.

60. The access driveway into the service lane from Hay Street is 6.5m wide, and the drive way exiting onto Campbell Street is 4.4m wide. The width of the service lane is between 6.5 and 7.5m.

61. The service lane provides a 28.5m long shared bay comprising a 16.5m long dedicated loading zone and a 12m long guest pick-up and drop-off zone (refer to Figure 24).

62. It is proposed that access to the basement car parking via the car lift will be restricted to retail staff and hotel staff (who will provide a valet parking service to hotel guests).

63. Concerns were raised in initial feedback from TfNSW and RMS regarding the ability of the proposed service lane to safely accommodate large vehicles such as coaches, buses and trucks, and potential conflicts with vehicles and Light Rail in the vicinity of the site. Council officers also raised concern regarding the intensity of uses proposed to be accommodated.

64. In response to concerns raised the applicant submitted a Loading Dock Management Plan and revised swept path analysis to limits the maximum size of vehicles accessing the lane to 8.8m medium rigid vehicles. This restriction would prevent access by coaches and large trucks. In the event that guests of the hotel would be arriving or departing via coach, the applicant proposes that coaches will be directed to available on street coach parking in the vicinity of the site by hotel staff. A condition of consent has been recommended to require the preparation of a Coach Parking Management Plan to reflect these arrangements.

65. Analysis undertaken by the applicant’s traffic consultant demonstrates that the service lane is capable of accommodating the servicing requirements for all uses as well as guest pick-up and set-down functions without resulting in queuing of vehicles while the car lift is being accessed.



66. The Loading Dock Management Plan contains an indicative schedule for servicing and deliveries associated with all building users (hotel, retail, supermarket) based on the RMS traffic generation rates and includes provision for a Loading Dock Manager to supervise servicing and loading between 5:00am and 7:00pm Monday to Friday. Council officers have reviewed the Management Plan which is supported in principle, however a condition of consent has been recommended to require an updated Management Plan prepared in consultation with TfNSW to address specific additional information relating to operational management, wayfinding and waste collection.

67. Council’s Transport Planners advise that the 6.5m driveway width on Hay Street could be reduced to improve pedestrian and streetscape amenity. The extent to which the driveway width is reduced must be determined by swept path analysis. An appropriate condition of consent has been recommended.

Figure 24: The proposed service lane

68. 22 staff bicycle spaces parking and end of trip facilities are located on Basement Level 3, accessible via a service lift. This is significantly less than the minimum 40 staff bicycle parking spaces required under Section 3 of SDCP 2012.

69. 22 visitor bicycle spaces are proposed at the ground floor adjacent to the south-eastern corner of the building. A minimum of 23 visitor bicycle parking spaces are required under Section 3 of SDCP 2012.

70. An appropriate condition of consent has been recommended to require the minimum amount of bicycle parking to be provided in accordance with SDCP 2012.

Street Frontage Heights and Setbacks

71. Section 5.1.3 of SDCP 2012 requires a street frontage height for new buildings adjoining the Haymarket/ Chinatown Special Character Area of no greater than 15 metres above ground level, or to match the street frontage height of the nearest heritage item. The minimum setback required above the 15 metres street frontage height is 8 metres.

72. The nearest built heritage items to the site are the Manning Building at 451 Pitt Street (with a street frontage height of 26.4 metres) and the Chamberlain Hotel at 36 Pitt Street (with a street frontage height of 16 metres).

73. The proposed development provides a street wall height that gradually increases from 21 metres at the southern end of the site to 60 metres at the northern end. The only setbacks occur at Level 7, comprising inset terraces approximately 4 metres from the northern boundary and 12.5 metres from the southern boundary.

6.5m

loading zone drop off

28.5m shared bay



74. The non-compliance with the street frontage height and setback requirements under DCP 2012 are considered acceptable as the scale of the building has been minimised through massing and material treatment. In addition to the tapered height, the building is articulated as a masonry base intersected by a glazed volume, with a vertical slot extending from the ground floor to Level 8 at the southern end of the western façade (Pitt Street), and horizontal insets at Level 7. As such the massing is modulated in a way that minimises the building’s bulk by breaking it up into discreet components.

75. The masonry base is consistent with and complements the street frontage heights of surrounding heritage items, and is proportionately consistent with the brickwork to window opening ratio, of the Manning Building at 451 Pitt Street. Refer to Figures 25-27 below.

Figure 25: Podium datum (north elevation) in relation to surrounding development

Figure 26: Podium datum (west elevation) in relation to surrounding development

Heritage item

Heritage item



Figure 27: Street frontage height – 15m indicated by dashed line

Thermal Performance

76. Section 4.2.3.4 of Sydney Development Control Plan 2012 requires that extensive glazing that is unprotected from mid-summer sunlight and reliance upon high-performance tinting or glazing as a sun control device is to be avoided.

77. The proposal provides extensive glazing to the western and northern facades of the building. Solar analysis undertaken indicates that the site is partly overshadowed by surrounding development to the north, west and east, however, parts of the façade at the upper western and northern would benefit from passive solar control devices.

78. In order to address solar gain the proposal utilises high performance glazing with insulated vertical spandrel panels integrated into the curtain wall, solid backing panels to one third of the window area to reduce the extent of glazing heat gain and loss, and internal blinds. Refer to Figure 28.

79. An ESD report and preliminary analysis of external shading devices prepared by Floth Sustainable Building Consultants have been submitted.



80. Floth has recommended the use of an enhanced glazing system beyond the minimum performance requirements under the National Construction Code (NCC) Section J Energy Efficiency, with an SHGC rating of 0.24 with visible light transmission (VLT) of over 50% in order achieve a total cooling load of 2.90 kW.

81. Solar analysis indicates that the most affected areas of the glazed facades by solar gain are located in the upper western and northern portions of the facades. Three different options for external shading devices were investigated in a facade study. Based on the preliminary analysis the applicant has indicated that vertical shading devices to the affected areas of the facades is preferred on an aesthetic basis, however further detailed analysis is needed to determine precise placement of fins to achieve maximum effectiveness.

82. Sustainable design is a consideration in determining whether a development exhibits design excellence under Clause 6.21 of SLEP 2012. Given the extent of glazing proposed to the western and northern elevations and the exposure of the upper levels of these facades to summer sun, it is considered reasonable to require that external passive shading devices be provided. An appropriate condition of consent has been recommended.

Figure 28: Facade section showing insulated spandrel panel

Vertical Garden

83. A key feature of the design is the vertical garden extending along the roof plane, providing the effect of a green roof. The vertical garden comprises stepped planter beds integrated into terraces from Level 8 to Level 16 utilising a grid of stainless steel cables to support climbing plants.

84. Landscaping comprises a variety of evergreen plant species that have different flowering seasons.



85. Access and maintenance of the planters, which are located at intervals of 5-6m, has been considered in the design.

86. An appropriate condition of consent has been recommended.

Floor to Ceiling Heights

87. The proposal meets the minimum floor to floor height required under Section 4.2.1.2 of SDCP 2012 for the ground floor of 4.5 metres and Level 7 of 3.6 metres.

88. Under SDCP 2012 the first floor and all floors above for commercial buildings are required to have a minimum floor to floor height of 3.6 metres, however the proposal achieves a floor to floor height of 3.1 metres.

89. The variation to the requirement for a 3.6 metre floor to floor height for the first floor and above is considered acceptable in this instance for the following reasons:

(a) The proposal comprises a purpose built hotel and retail development which achieves an acceptable level of amenity;

(b) Level 7, which is intended to be the primary level of activity within the building, comprising the hotel’s restaurant and public interface areas exceeds the minimum requirement;

(c) The nature of the built form, constrained by the sun access plane, makes Level 7 ideal for a larger floor to floor height, given the outlook over Belmore Park; and

(d) Given the constraint posed by the Belmore Park Sun Access Plane, it is not possible nor practical to provide 3.6 metre floor to floor heights for both Level 1 and Level 7. Level 7 is the most appropriate level for a more generous floor to floor height given the more public nature of its use.

Heritage

90. The site is not located within a Heritage Conservation Area but is in close proximity to a number of local heritage items including:

(a) Belmore Park and Central Station group including buildings, station yard, and viaducts to the south of the site;

(b) The Manning Building at 447-451 Pitt Street;

(c) The Capitol Theatre at 3-21 Campbell Street; and

(d) The Chamberlain Hotel at 420-428 Pitt Street.

91. The proposal has been designed to read as two interconnecting solids comprising a masonry base intersected by a glazed volume. The masonry base and the composition of the brick to void ratio responds to the materiality and fenestration of nearby heritage items, particularly the Manning Building directly opposite the site on the western side of Pitt Street.

92. The proposed development will not impact on significant views of surrounding heritage items.



93. The proposed development is considered to display a high quality of architectural design and materials and is not considered to materially affect the heritage significance of surrounding heritage items.

Access

94. Access for disabled persons can be provided to the premises.

Other Impacts of the Development

95. The proposed development is capable of complying with the BCA.

96. 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

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

INTERNAL REFERRALS

98. The conditions of other sections of Council, where relevant, have been included in the proposed conditions.

99. The application was discussed with Council’s Urban Design and Heritage Specialists; Building Services Unit; Environmental Health; Licenced Premises; Public Domain; Safe City; Surveyors; Transport and Access; Tree Management; Waste Management; who advised that the proposal is acceptable subject to conditions.

EXTERNAL REFERRALS

100. The application constitutes integrated development and as such the application was notified and advertised for 30 days between 17 June and July 2017 in accordance with the provisions of Environmental Planning and Assessment Regulations 2000. As a result of this notification five submissions were received by public authorities. No submissions were received by members of the public.

101. Issues raised in submissions from public authorities are summarised below.

(a) Sydney Trains requested additional information in relation to construction methodology.

Response - Additional information was provided to Sydney Trains on 28 August 2017. Sydney Trains has reviewed the additional information, and advises that further clarification and details are required. Sydney Trains has provided concurrence subject to deferred commencement conditions of consent to address information required. Refer to Attachment A.



(b) Transport for New South Wales (TfNSW) raised concern regarding safety aspects of the proposed service lane and the proximity of the service lane to the Pitt Street and Hay Street intersections and the Inner West Light Rail. It was recommended that a Laneway Parking Management Plan be submitted and that bicycle and end of trip facilities for staff and visitors be provided. TfNSW also noted the potential cumulative impacts of construction of the proposed development and a number of other developments in the CBD. Recommended conditions of consent were provided.

Response – A Laneway Management Plan has been submitted. Recommended conditions of consent have been incorporated including requirements to be incorporated in an updated Plan of Management, to be prepared in consultation with TfNSW. Refer to Attachment A.

(c) Roads and Maritime Services (RMS) raised concern with safety aspects of the proposed service lane, specifically relating to 12.5m vehicles exiting in a left hand movement. Comment was also made regarding construction traffic management.

Response – The application has been amended to restrict the size of vehicles entering the service lane to a maximum of 8.8m medium rigid vehicles. Appropriate conditions of consent have been imposed relating to servicing and coach parking management. Refer to Attachment A.

(d) Ausgrid raised no objection to the proposal subject to conditions of consent being imposed to address Ausgrid assets and easements.

Response - Recommended conditions have been included at Attachment A.

(e) Transgrid raised no objection to the proposal noting that the proposed development will not impact on Transgrid infrastructure.

(f) NSW Police raised no objection to the proposal.

PUBLIC INTEREST

102. 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

103. The cost of the development is in excess of $200,000 and is therefore subject to a development levy pursuant to the Central Sydney Development Contributions Plan 2013. An appropriate condition has been included in the recommendation of this report.

RELEVANT LEGISLATION

104. The Environmental Planning and Assessment Act 1979, Water Management Act 2000, and City of Sydney Act 1988.



CONCLUSION

105. The proposal complies with the sun access plane to Belmore Park and with the maximum Floor Space Ratio permitted under SLEP 2012. Amendments have been made to respond to flooding, parking and servicing requirements.

106. The proposal is consistent with the Stage 1 approval granted under D/2015/1490.

107. The site area exceeds 1,500m2 and the proposed building exceeds 55 metres in height, triggering the requirement for a site specific development control plan or design competition under SLEP 2012. The applicant has requested that this requirement be waived on the basis that the proposal exhibits design excellence, the proposal is consistent with the Stage 1 approval granted, and the development is constrained by easements and a sun access plane. The request is supported.

108. The proposal is considered to display design excellence and has made a commitment to achieving a 4 star NABERS energy rating. While this is supported, additional passive solar shading devices to the glazed western and northern facades are considered to be necessary.

109. For these reasons the proposal is recommended for a deferred commencement consent to be granted, subject to the provision of external passive shading devices and conditions to address Sydney Trains concurrence requirements and the varying of restrictive covenants that benefit the City of Sydney.

GRAHAM JAHN, AM Director City Planning, Development and Transport (Rebecca Thompson, Senior Planner)

central sydney planning committee (cspc) - 30 november ......nov 30, 2017 · the proposal has a...

Documents