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Mr Mitchell Reid,
Manager, Building Waverley
PO Box 9, Bondi Junction NSW 1355
RE: Bronte RSL, 113 Macpherson St Bronte
I strongly object to DA-218/2018 for the Bronte RSL site and make the following comments:
- Podium Space: The inclusion of the 300 m2 “podium space” on level 1 in the Commercial Strata Lot is a direct contravention of the conditions of consent mandated by Senior Commissioner Dixon of the Land and Environment Court in her May 2018 ruling for the site.
Condition 130 of Commissioner Dixon’s ruling (Annexure C New Street No 1 Pty Ltd v Waverley Council Consolidated Conditions of Consent Section E May 1 2018) states that:
“The communal open space on the ‘ground level’ of the development behind the retail/commercial tenancies is designed for the use of residents of the building only, and not in association with the commercial/retail tenancies. The use of the common space for residents only is limited to the following hours:
- (a) Monday to Friday (excluding public holidays) 7am to 9pm
- (b) Weekends and public holidays 8am to 9pm”
The application breaches Condition 130 by seeking to include this communal open space in the Commercial Strata Lot. Such an inclusion would lead to commercial use of the space which would have unacceptable negative impacts on the visual and acoustic privacy for the residences that surround 113 Macpherson St on all of its sides.
Use of the space for commercial reasons would also likely lead to a breach of the properly determined and legislated FSR limit for the site.
The communal open space must be included in the Residential Strata Lot in any strata subdivision in compliance with the Land and Environment Court ruling.
- Car Parks: Any car parking spaces allocated to the Commercial Strata Lot must be clearly designated for the sole use of business owners and their staff. It must be made clear that the spaces are not for retail customers. This is a condition of consent mandated by Commissioner Dixon in her above May 2018 ruling which, in Condition 110, states:
“(a) The points of entry and exit to the car parking areas off Chesterfield Lane are to be signposted both inside and outside the site to Council’s satisfaction. Signs must include, as a minimum, directions that there is no customer parking or retail loading, and that removalist vehicles must not use the car park.
(h) The 11 retail parking spaces within the site be for the sole use of business operators and their staff only and access to the spaces be via secure access from Chesterfield Lane. There is to be no provision for retail visitor parking within the site.
(i) Access to resident and visitor parking spaces within the basement be via secure access from Chesterfield Lane so only those authorised can use the basement car park. “
- The submitted plans: The Council must be sure that the drawings submitted with this DA are the same as those approved by the Land and Environment Court in its May ruling. If they differ then this DA must be re-submitted with the correct approved drawings.ompliance with the Land and Environment Court ruling.
- Macpherson St easements: As detailed above, Senior Commissioner Dixon made it clear in her 1 May L&E Court ruling that the communal open space on the ‘ground level’ of the development behind the retail/commercial tenancies is designed for the use of residents of the building only, and not in association with the commercial/retail tenancies.
Thus these proposed easements can not be approved. The toilets must be repositioned to within the approved commercial space at the front of the building.
Approval of the DA without modification to comply with Commissioner Dixon’s May 2018 ruling will lead to negative impacts including:
1) A loss of faith in the system of planning law and governance when a key condition of the recent Land and Environment Court ruling is overturned by the Council for a developer.
2) Loss of acoustic and visual privacy for residences that surround 113 Macpherson St on all of its sideswhen the space is used for commercial reasons.
3) A breach of the FSR limits for the site should the commercial owners utilise the space for commercial reasons. This would constitute an overdevelopment of the site with all the negative impacts this entails.
The proposed amendments to the approved DA are unnecessary for a successful development and would have unacceptable negative effects on the neighbourhood and on our community. They breach the Land and Environment Court controls that were mandated in May 2018. The DA should be refused in its current form and the redevelopment should proceed as permitted in DA-264/2015.
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