CORPORATE, FINANCE, PROPERTIES
AND TENDERS COMMITTEE 18 FEBRUARY 2013
OWNER’S CONSENT - LODGEMENT OF A SECTION 96
APPLICATION TO MODIFY THE DESIGN OF A TIMBER DECK TO
BE CONSTRUCTED ON A PORTION OF THE ELIZABETH STREET
ROAD RESERVE ADJACENT TO 529 ELIZABETH STREET SURRY
HILLS
FILE NO:
SUMMARY
S079592
The City has received an application from Shavran Pty Ltd, the owner of 529-531
Elizabeth Street, Surry Hills, seeking owner’s consent to lodge an Application to Modify
Development Consent (D/2010/107), known as a Section 96 Application. This application seeks approval to install planters, to modify the design and permanently affix the approved timber deck (approved through D/2010/107 as shown at Attachment B).
The subject site, being 529-531 Elizabeth Street, Surry Hills, has an area of 294.3 square metres, with 13.4 metre width. This building comprises an open floor lobby/restaurant with commercial offices located on the upper floors. The proposed enclosed timber deck will be connected to the existing restaurant and be used as an extension to this restaurant, located on the ground floor of the building.
The eastern boundary of the subject land is set back 6.57 metres from the existing
Elizabeth Street road alignment, as shown on the location plan at Attachment A. The setback portion of land is road owned by Council (dedicated to Council as road as part of the proposed road widening between Randle Lane and Cleveland Street in 1950). This setback portion of road is no longer considered necessary for this purpose. This is the site of the proposed 48 square metre timber deck and planters.
This report seeks owner’s consent from Council for the submission of a development application to install planters, to modify the design and permanently affix the approved timber deck adjacent to 529-531 Elizabeth Street, Surry Hills.
Owner’s Consent is required as the proposal involves works on a portion of Elizabeth
Street, Surry Hills, being a public road owned by the City. The granting of Owner’s
Consent by Council is not related to the City’s role in assessing the development application as consent authority, and will not bind Council to approve the development application. It is an administrative step that will allow the application to be considered in accordance with the requirements of the Environmental Planning and Assessment Act
1979.
If Development Consent is granted, the applicant will be required to obtain a road lease from the City for the exclusive use of the 48 square metre portion of road under section
153 of the Roads Act 1993 prior to construction and occupation of this timber deck. This agreement will form part of an additional internal process and the lease will need to be entered into to indemnify the City Of Sydney, agree a market rental for the commercial use of the land and to enforce conditions.
OWNER’S CONSENT - LODGEMENT OF A SECTION 96 APPLICATION TO MODIFY THE DESIGN OF A TIMBER DECK TO BE
CONSTRUCTED ON A PORTION OF THE ELIZABETH STREET ROAD RESERVE ADJACENT TO 529 ELIZABETH STREET SURRY HILLS
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CORPORATE, FINANCE, PROPERTIES
AND TENDERS COMMITTEE
RECOMMENDATION
18 FEBRUARY 2013
It is resolved that Council:
(A) grant owner’s consent for the submission of an Application to Modify Development
Consent to install planters, to modify the design and permanently affix, as shown on the Development Plans at Attachment B to the subject report, the approved timber deck, adjacent to 529-531 Elizabeth Hills; and
(B) note that the granting of owner’s consent does not fetter the City’s discretion in relation to the assessment of the development application under the Environmental
Planning and Assessment Act 1979 (NSW), or for any related application required under the Roads Act 1993 (NSW), the Local Government Act 1993 (NSW) or any other legislation.
ATTACHMENTS
Attachment A: Location Plan.
Attachment B: Development Plans.
OWNER’S CONSENT - LODGEMENT OF A SECTION 96 APPLICATION TO MODIFY THE DESIGN OF A TIMBER DECK TO BE
CONSTRUCTED ON A PORTION OF THE ELIZABETH STREET ROAD RESERVE ADJACENT TO 529 ELIZABETH STREET SURRY HILLS
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CORPORATE, FINANCE, PROPERTIES
AND TENDERS COMMITTEE
BACKGROUND
18 FEBRUARY 2013
1. The City has received an application from Shavran Pty Ltd, the owner of 529-531
Elizabeth Street, Surry Hills, seeking owner’s consent to lodge an application to modify Development Consent (D/2010/107), known as a Section 96 Application.
This application seeks approval to install planters, to modify the design and permanently affix the approved timber deck, on a road reserve adjacent to 529-531
Elizabeth Street, Surry Hills, as shown at Attachment B.
2. The subject site, being 529-531 Elizabeth Street, Surry Hills, is an 8 storey commercial and retail building that is set back from Elizabeth Street. This site has an area of 294.3 square metres, with 13.4 metre width. This land is situated in a
Heritage Conservation Area CA13, with the building listed as detracting. The building and set back portion of road are both zoned B4 Mixed Use as indicated in the Sydney Local Environmental Plan 2012. The building comprises an open floor lobby/restaurant with commercial offices located on the upper floors. The timber deck will be used as an extension to the existing restaurant, located on the ground floor of the building.
3. The site is located in Surry Hills, approximately 20 metres north of Belvoir Street, and is bound by Little Buckingham Street to the west. The eastern boundary of the land is set back 6.57 metres from the existing Elizabeth Street road alignment, as shown on the location plan at Attachment A. This is the site of the proposed enclosed 48 square metre timber deck and planters.
4. The setback portion of land, as shown hatched at Attachment A, is road. This portion of land was dedicated to Council as road as part of the proposed road widening between Randle Lane and Cleveland Street proclaimed in Government
Gazette No 104 dated 30.6.1950 Folio 2029. This road widening is no longer required and, as such, this setback portion of road is considered unnecessary.
5. The original Development Consent (D/2010/107) was granted on 14 April 2010.
This gave approval for the removal of the existing entry stairs and construction of a new removable timber entry stair and deck, and installation of retractable canvas awning over the deck, all facing Elizabeth Street. The final occupation certificate was issued on 8 June 2010.
6. Since the issue of the occupation certificate, there have been several modifications to this approved structure, effectively enclosing it. The City has asked the owner of this structure to either remove the structure or seek approval for it to remain.
7. As a result, a previous Section 96 Application for retention of the existing deck structure was lodged (D/2010/107/A) and subsequently refused by Council on 30
July 2012. This new application attempts to address the City’s issues with the previous Section 96 application, through a design solution which will provide for a desirable streetscape outcome.
8. The proposed modifications seek to alter the approved timber deck and stairs on a
48 square metre portion of Elizabeth Street, fronting 529-531 Elizabeth Street,
Surry Hills, as shown on the development plans at Attachment B. The proposed modifications include:
(a) new timber deck raised to be level with the internal floor level of the restaurant;
OWNER’S CONSENT - LODGEMENT OF A SECTION 96 APPLICATION TO MODIFY THE DESIGN OF A TIMBER DECK TO BE
CONSTRUCTED ON A PORTION OF THE ELIZABETH STREET ROAD RESERVE ADJACENT TO 529 ELIZABETH STREET SURRY HILLS
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CORPORATE, FINANCE, PROPERTIES
AND TENDERS COMMITTEE 18 FEBRUARY 2013
(b) the timber deck area of 5.565m x 7.3m (40.6 square metres);
(c) planter beds and climbers along the site frontage with;
(d) fixed open glass louvres either side of the entry doors and stairs to the restaurant;
(e) skylight over to allow for natural light;
(f) light weight roof structure; and
(g) frameless glass wall to the northern side to maximise natural light and activation.
9. This application plans to make this enclosed timber deck a permanent fixture.
10. The current proposal demonstrates a design that is compatible with the forecourt treatments on adjoining sites. It is considered that the incorporation of planting to the street front will complement the approved landscape treatments either side of the subject site. It is considered that the seating area in front of the building will activate the streetscape in general. The current proposal represents a more lightweight structure than that which currently exists.
11. Having regard to the proposed built form, setback and scale of immediately adjacent developments fronting Elizabeth Street, the proposed addition is considered contextually appropriate.
12. Owner’s Consent is required as the proposal involves works on a portion of
Elizabeth Street, Surry Hills, being a public road owned by the City. The granting of
Owner’s Consent by Council is not related to the City’s role in assessing the development application as consent authority, and will not bind Council to approve the development application. It is an administrative step that will allow the application to be considered in accordance with the requirements of the
Environmental Planning and Assessment Act 1979.
Compliance with the Sydney Local Environment Plan 2012 (SLEP 2012)
13. Under the SLEP 2012, both 529-531 Elizabeth Street and the adjoining road reserve are zoned B4 Mixed Use. This proposal is consistent with the aims and objectives of the Sydney Local Environmental Plan 2012 in relation to the Mixed
Use Zone. The proposed timber deck and associated fixtures are permitted in the
Mixed Use Zone with development consent. The proposed works are considered sympathetic to the heritage nature of the area.
14. This proposal will need to be approved by Council as it falls outside the relevant
Chief Executive Officer’s (CEO) delegation, being number 30 (ii) which excludes the CEO from granting owner’s consent to the lodgement of an application to carry out development on “property or land (including roads) owned or managed by
Council except where such development involves:
(a) alterations or additions to the fit-out or internal fabric or appearance of the building;
(b) minor changes to the external fabric or appearance of the building;
OWNER’S CONSENT - LODGEMENT OF A SECTION 96 APPLICATION TO MODIFY THE DESIGN OF A TIMBER DECK TO BE
CONSTRUCTED ON A PORTION OF THE ELIZABETH STREET ROAD RESERVE ADJACENT TO 529 ELIZABETH STREET SURRY HILLS
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CORPORATE, FINANCE, PROPERTIES
AND TENDERS COMMITTEE 18 FEBRUARY 2013
(c) a use of public or crown land, such as tables and chairs on a footway, and that such consent, granted for a period of up to three years, is given on the basis that it does not fetter Council’s discretion as consent authority;
(d) works by Council in accordance with an approved budget.
15. If Development Consent is granted for the installation of the access ramp, the applicant will be required to enter into a road lease under section 153 of the Roads
Act 1993 with the City prior to construction and occupation of this ramp. This lease will form part of an additional internal process and the lease will need to be entered into to indemnify the City Of Sydney, agree a market rental for the commercial use of the land and to enforce conditions such as:
(a) regularly inspect, maintain, repair and where necessary replace at their own cost encroachments and to do whatever is reasonably necessary to carry this out, including entering and taking necessary materials on to the lot burdened;
(b) indemnify the Council in respect of all claims, demands, causes of action, proceedings and lawsuits made against the Council for loss or damage arising in relation to encroachments;
(c) release the Council from all claims, demands, causes of action, proceedings, and lawsuits arising in relation to encroachments
(d) keep in force, with an insurance company acceptable to the Council, a Public
Liability Insurance Policy with Principal Clause and Cross Liability Clause with the Council noted as principal to cover encroachments for an amount not less than $20,000,000 or such other amount that may be nominated from time to time by the Council and to forward to the Council annually a Certificate of
Currency of the Policy within one month of the renewal date of the Policy; and
(e) that the proposed work will remain wholly within the boundaries of the site, with the exception of the encroachments authorised pursuant to the
Development Consent.
RELEVANT LEGISLATION
16. Local Government Act 1993 (NSW).
17. Roads Act 1993 (NSW).
18. Environmental Planning and Assessment Act 1979 (NSW).
OPTIONS
19. Council may elect not to provide owner’s consent to the lodgement of this development application. This is not recommended because the granting of owner’s consent relates to the lodgement of a development application only. There are separate approval and review processes in place to assess the development application.
PUBLIC CONSULTATION
20. The development application will be notified in accordance with the relevant planning instruments.
OWNER’S CONSENT - LODGEMENT OF A SECTION 96 APPLICATION TO MODIFY THE DESIGN OF A TIMBER DECK TO BE
CONSTRUCTED ON A PORTION OF THE ELIZABETH STREET ROAD RESERVE ADJACENT TO 529 ELIZABETH STREET SURRY HILLS
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CORPORATE, FINANCE, PROPERTIES
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21. Under section 154 of the Roads Act 1993, the City is required to publicly notify a proposed road lease. This will be done if the Application to Modify Development
Consent is approved and the applicant chooses to proceed with construction of the enclosed timber deck.
MICHAEL LEYLAND
Director City Projects and Property
Samantha Urquhart, Property Officer II
OWNER’S CONSENT - LODGEMENT OF A SECTION 96 APPLICATION TO MODIFY THE DESIGN OF A TIMBER DECK TO BE
CONSTRUCTED ON A PORTION OF THE ELIZABETH STREET ROAD RESERVE ADJACENT TO 529 ELIZABETH STREET SURRY HILLS
15120702