The proceedings follow...
ITEM-46 DA 09/0766 – 67 WATT STREET, NEWCASTLE - ERECTION OF A TEN-STOREY MIXED COMMERCIAL/RESIDENTIAL BUILDING AND ASSOCIATED CAR PARKING AND STRATA SUBDIVISION
MOTION: (COUNCILLORS B LUKE/N NELMES)
The application for the erection of the ten-storey mixed commercial/residential building and associated car parking and strata subdivision be approved.
Councillor Luke also asked the General Manager if the officers have a Draft Schedule of Conditions that they would recommend if the development application was to be approved.
The Councillors were handed the Draft Conditions of Consent.
PROCEDURAL MOTION: (Councillor A Buman)
Five minute recess to enable Councillors to review the Draft Schedule of Conditions
Councillor Luke indicated that he would like alter his motion to reflect the recommendation of Council officers being Part (a) and Part (b) of the recommendation from Council officers including the Draft Schedule of Conditions as stated in Part (b).
Councillor Osborne gave notice of a foreshadow motion of Council officers recommendation and the seven reasons for refusal.
The application for the erection of the ten-storey mixed commercial/residential building and associated car parking and strata subdivision be refused for the following reasons:
1) The proposed development is in excess of the development standard of the Newcastle City Centre Local Environmental Plan 2008 in terms of its floor space ratio (FSR).
2) The proposed development is inconsistent with the objectives of Floor Space Ratio, as set out under Clause 23 of the Newcastle City Centre Local Environment Plan, 2008, to regulate density of development and generation of vehicular and pedestrian traffic.
3) The proposed development is inconsistent with the objectives of the B4 Mixed Use zone, as set out under the Land Use Table of the Newcastle City Centre Local Environment Plan, to protect and enhance the unique qualities and character of special areas within the Newcastle City Centre.
4) The proposed development does not comply with car parking requirements that are specified under Element 4.1 – Car Parking of the Newcastle Development Control Plan 2005.
5) The proposed development does not comply with the requirements of Element 6.7 - Royal Newcastle Hospital Site of the Newcastle Development Control Plan 2005 in terms of setback to Watt Street.
6) The proposed development does not adequately conserve the heritage significance of the heritage items in the locality of the site and the Newcastle City Centre Heritage Conservation Area.
7) Approval of the application would not be in the public interest.
Councillor Claydon asked if No. 18 of the Draft Schedule of Conditions could be changed to say The Body Corporate not The developer.
Councillor Luke and Councillor Nelmes accepted this change.
Councillor Claydon drew to the attention of Council officers that there was a numerical error in the Draft Schedule of Conditions. Director Jaeger re-numbered the conditions and confirmed there were 25 conditions.
The motion was put to the meeting and declared carried.
The motion was put to the meeting and The Lord Mayor called for a division which resulted as follows:
For the motion The Lord Mayor, Councillors G Boyd, A Buman, S Claydon, S Connell, B Cook, T Crakanthorp, M Jackson, M King, B Luke, N Nelmes, S Sharpe
Against the motion Councillor M Osborne
The motion was declared carried on the division of twelve votes to one.