Alert: L&E Court hearing on 19 and 20 May 2021 commencing on-site at 9:30am on 19 May 2021. Practec Developments (Aust) No.9 Pty Ltd v Council of the City of Sydney - 24-34 Hardie Street, Darlinghurst Date: 24 February 2021.
Proposed FIVE STOREY hotel in Hardie Street, Darlinghurst | DA/2020/244.
To construct alterations and additions to the existing terrace dwellings and change of use to provide for a 5-storey hotel containing 69 rooms comprising of 66 double rooms and 3 single rooms (including 4 accessible rooms) and 2 loading docks on the ground floor accessed from the rear lane (Hayden Place).
This massive development will be behind the facades of 6 small 2-storey workers' terrace houses. The site has a combined area of 637.1m²
Council received 192 submissions in relation to D/2020/244.
Your support made a big difference.
For this DA said the next step is a directions hearing in the Land and Environment Court to set out dates for the developer’s appeal.
This hearing is scheduled for Tuesday 7 July 2020. Council's solicitors will contact people who made submissions to provide more information.
The Save Darlo Reject D/2020/244 change.org petition is still running.
The community is not in favour of this development.
At the time of typing 1,394 people had signed.
Update: D/2020/244 | 24-34 Hardie St, Darlinghurst | Deemed Refusal - Court Appeal / Section 34 Conciliation Conference
An appeal was lodged with the Land and Environment Court on 9 June 2020, in relation to the deemed refusal of this Development Application.
Key steps in this LEC appeal:
· A directions hearing, to set out dates for this appeal, was scheduled for 7 July 2020.
· City of Sydney Council (the respondent) filed a Statement of Facts and Contentions with the LEC on 22 July.
It includes a summary of the issues raised in submissions to Council for this DA. (See below.)
· Council’s solicitor advised that, “the matter has been set down for a section 34 conciliation conference on 26 October 2020 before a Commissioner of the Land and Environment Court [and Council] will send correspondence to anyone who has provided Council with a submission about this development during the notification period advising them of this date and inviting them to attend the conciliation conference … after the Statement of Facts and Contentions has been filed.”
Further information on the Court’s conciliation process can be found on its website at: http://www.lec.justice.nsw.gov.au/Pages/resolving_disputes/conciliation.aspx
* Issues raised in submissions to Council re D/2020/244:
(from pages 13-14 of Council’s Statement of Facts and Contentions)
(a) Heritage impacts to the existing terraces, the surrounding buildings and the heritage conservation area.
(b) The scale of the proposed structure represents an overdevelopment of the site and is out of character with the area.
(c) Streetscape impact.
(d) The proposal is of poor architectural design.
(e) The facade is poorly designed and lacks articulation.
(f) The five storey wall adjacent to the courtyard of 36 Hardie Street results in overbearing impacts and impacts on outlook.
(g) Overshadowing impacts to neighbouring residential properties.
(h) Overlooking impacts from windows and balconies.
(i) Impact on outlook from residential properties on the opposite side of Hardie Street.
(j) Loss of daylight to residential apartments to the north of the site.
(k) Impact upon view corridors.
(l) Tree removal.
(m) Lack of new tree planting and landscape area.
(n) Vehicles will not be able to access the site via Hayden Place due to the narrow width of the lane.
(o) The splay at 265 Victoria Street is private property and cannot be crossed by vehicles using Hayden Place.
(p) Impact from waste and potential dumping.
(q) The FSR and site area provided by the applicant may be incorrect.
(r) Traffic issues, including deliveries, waste removal, taxi and uber drop off and pick ups, will negatively impact upon an already problematic issue in the area.
(s) Deliveries should only occur during standard hours.
(t) Impact on the on-street parking availability.
(u) Additional noise within the area, including late at night.
(v) Loss of residential land use.
(w) The hotel use will accommodate transient visitors and erode the local community.
(x) The hotel use may be converted to residential in the future.
(y) The hotel rooms facing small light wells or voids provide poor amenity to hotel guests.
(z) There is a lack of detail relating to mechanical ventilation and air conditioning units.
(aa) A more detailed BCA report should be provided to address exit travel distance non-compliance.
(bb) Impacts during construction, including noise, vibration, dust and parking impacts, and potential damage to neighbouring buildings.
(cc) Dilapidation surveys of neighbouring buildings should be carried out prior to construction.
(dd) The Plan of Management should be updated to reflect any operation requirements imposed by City of Sydney.
(ee) The developer intends to sell the property. [see https://www.28hardie.com.au/]
(ff) The proposed cost of works appears to be insufficient.
About the Developer
Practec Group (the developer) appears to be converting two, adjoining terraces, including its own head office at 186 Campbell Street, Surry Hills, into a 'hotel' that looks a little like another for which you've recently seen plans. D/2019/825 was approved with conditions on 1 June 2020: https://online2.cityofsydney.nsw.gov.au/DA/IndividualApplication?tpklapappl=1439248
Applicant: Practec Developments
Write to Sydney City Council and Local MP by 4 June 2020. Quote DA No.
View - Details of DA on the City of Sydney website: Development Application Details | City of Sydney
5 Reasons to Reject DA/2020/244 | five storey, 69 room 'boutique' hotel on the site of six Victorian terrace homes at Nos 24-34 Hardie Street, Darlinghurst:
1. Loss of our community
Consolidating six terrace houses into a hotel / inn that will accommodate transient visitors will result a loss of housing for permanent Darlinghurst residents, and erode our community. As with the Airbnb properties which have proliferated in the area, this hotel will be a parasite on our neighbourhood.
2. Irreversible loss of heritage
This proposal does not follow the heritage provisions of City of Sydney’s Local Environmental Plan or Development Control Plan:
- more than half the original building fabric of six terraces dating from the 1870s and 1890s will be lost;
- the five-storey development conflicts with the established character and heritage significance of the Oxford Street and Victoria Street Heritage Conservation Area;
- the development will diminish the setting and presentation of the terraces in the streetscape;
- the looming five-storey rear facade will destroy the heritage character and significance of the rear lane at Hayden Place.
This Heritage Conservation Area has high local historic, aesthetic and social significance, Loss of integrity of these increasingly rare historic houses (apparently, their pretty faces will be retained, but most of the buildings will be demolished; The Conservation Area possess a coherent and strong urban form derived predominantly from Victorian and Federation period residential/commercial development with Darlinghurst Road and Victoria Street, Darlinghurst being Heritage Streetscapes which traverse the ridge. The area contains a number of aesthetically significant and prominent buildings such as the Jewish Museum, Darlinghurst Fire Station, St. John’s Church and Rectory, Sacred Heart Church, the c.1919 St. Vincent’s Hospital, the First Church of Christ Scientist, and a number of fine inter -war residential flat buildings as well as grand houses such as Iona. Pretty Hardie Street is a narrow one-way contributory street. Other Heritage Items are similar to the proposed "Hardie St Six" set to be partially demolised: a tiny single-storey sandstone Georgian worker’s cottage at 265 Victoria St (Item No. I280 and, a terrace group on Victoria St (hairdresser) not dissimilar to the small terraces on Hardie St.
The boundary-to-boundary, five-storey plus basement development will erode the amenity of the adjoining houses and apartments through unacceptable overshadowing and loss of sunlight. The view corridors and amenity enjoyed by all surrounding buildings on Hardie St will be overwhelmed.
4. Over-intensification of development
Consolidating the six terrace houses into a monolithic development will destroy the fine-grain, residential nature of Hardie Street.
All trees to be removed.
Many residents living nearby have lost faith in the City of Sydney to protect the fragile heritage of Darlinghurst. This unsympathetic proposal will result in a poor planning and heritage outcome for Hardie Street and the Heritage Conservation Area.
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