The development proposal represents a clear outcome of overdevelopment for the site. This is indicated by the inability of the site to achieve compliance with the permissible FSR and height development standards. It is also indicated by the inability of the site to achieve performance criteria for environmental and amenity outcomes.
Approval of the proposal in its current form would reinforce a precedent that is inconsistent with the desired future character of the area and the objectives and controls of both MLEP 2011 and Marrickville Development Control Plan (MDCP) 2011.
The proposal in its current form presents a clear result of overdevelopment for the site. The application of height and FSR, in this case 9.5m and 0.85:1 respectively, is to provide a built form outcome and density that appropriately responds to the site area. In this instance the proposal fails to achieve both height and FSR development standards, as well as a number of environmental and amenity outcomes.
Given that the objective of the FSR and height control is to control density, the departures to these controls under this application demonstrate an inability to appropriately address density across the site. The proposed building envelopes are excessive and non-compliant and fail to provide for appropriate transition to proposed buildings (i.e. houses and apartments) across the site as well as those surrounding on adjoining lots.
We also note that given the sizeable variations sought to the development standards, particularly FSR at 111.8%, contemplation of such a variation should only be considered by way of Planning Proposal, and not a Clause 4.6 variation. To this matter, we question Council’s power to contemplate these variations under Clause 4.6.
The proposed development seeks variations in both FSR (111.8%) and height (36.8%). This results in a proposed built form that far exceeds the envisaged, and permissible, density, bulk, and scale anticipated for the site. It also results in overshadowing impacts both within the site and to adjoining lots.
Significant overshadowing impacts are created across 22-28 Crown Street. The overshadowing analysis provided in support of the proposal shows that the proposed development will generally remove all solar access to the private open space of 22 Crown Street on June 21.
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