Does the development have excessive bulk as a result of the proposed modification?
The evidence
13Expert urban design evidence was provided by Ms Gabrielle Morrish, for the council and Mr Harrison, for the applicant. Mr Kosnetter supported the views of Ms Morrish.
14Ms Morrish states that the proposal has an adverse impact as, unlike the previous approvals, it joins together the distinctive vault forms on the roof. The purpose of the vaults in the original approval was to add visual interest to the top of the building (it is assumed) for any views gained down on the building from the surrounding area. The previous approvals changed the shapes of the vaults but still allowed them to be read as distinct elements. The current application joins these vaults with further vaults, losing the distinctive forms and creating, in effect, a continuous floor plate over the western section of the building.
15This linked form is likely to be visible from Gould Street and possibly across the park from near the beach front and will be read as a full floor of development in this location. This is counter to the intent of the original approval and goes quite some way to reintroducing massing and bulk which was deleted to gain the original approval.
16A sixth floor on this building is not appropriate given it is already taller than it's context and already over the height and FSR control. It will potentially set a precedent height for other buildings in the vicinity. The original design and approval had the vault forms as roof features. This sort of treatment today is supported by clauses in the LEP that allow exceedance of height. However the extent of floor space now means that the vaults are no longer roof features but actual floors in the development.
17In the opinion of Ms Morrish, the extent of floor space already granted is more than generous and there is no need for anything further. The need for extra floor space and vaults to enhance the amenity of the units is not required. Under the previous approval they were already generous 3 bed apartments with exceptional views from the living areas and private open space. Ms Morrish does not consider a fourth bedroom, of the extent proposed, is required to achieve amenity for these dwellings. To continue expansion of this level of the building is putting private interests ahead of the intent of the controls which was actually for four storey forms to Campbell Parade. This building is already well above the four storey desired future character.
18Mr Harrison considers that generally the roof vaults are placed in an irregular pattern across the sixth level and that the two small additional vaults are part of the irregular pattern The proposal is virtually indistinguishable when seen from anywhere in the public domain.
19The proposal greatly adds to the amenity of two apartments by having a master bedroom facing the ocean view rather than to the rear. The general roof vault design was always intended to be visible from the public domain to reduce the visual effect of a flat roof - so it is not surprising that the partial sixth floor is visible. The proposed two additional small vaults are unlikely to be able to be seen or distinguished from the other vaults because of their extent of setback from the street.
20With regard to the Gould Street view, the new vaults may be slightly visible although Mr Harrison considers them to be hardly noticeable given the extent of other vaults and the fact that the relevant part of the proposal is generally behind an existing lower building between the proposal and Gould Street.
21The planning controls while stating an intent for the area do not recognise the scale of the existing building on the site. The original approval was based on the height of the existing building in order to encourage a much better quality building in this world renown location by cleverly adaptively reusing the structure and converting a very detracting building to one that positively contributes to its special setting.
Findings
22In balancing the competing evidence, I agree with the conclusions of Ms Morrish for a number of reasons. First, it is important to understand the history of the development on the site, and particularly the sixth floor of the development. There was no dispute that the proposed development, even in it's original approval in 2008, exceeded the height and floor space ratio controls. Given that the proposed development sought the adaptive reuse of an existing building, the council, not unreasonably in my view, allowed variations to these controls. There must however be a point where any further variations become unacceptable. I am satisfied that this point has been reached, based on the evidence of Ms Morrish.
23In her evidence (Exhibit 4 at [5]), Ms Morrish sets out the design approach for the sixth floor where she states:
Since the original approval FSR and habitable space has been allowed into the mezzanine level or level 6. However this space was allowed on the basis that it was contained within distinct roof forms - the vaults and was not a partial floor over the building. The original approval included roof vaults that were to light the floor below and break up the roof form. A number of the vaults had a lower profile and were smaller than the currently approved forms.
Approvals for DA applications A and B allowed these vaults to be raised and floor space to be contained within them on the basis that these vaults still essentially coincided with the existing vaults or plant areas that had additional height under the approved application.
The FSR as part of these approvals increased from 3.88:1 to 4.247:1 including wintergardens. The extent of the habitable space on the roof increased from 575 sq m to 1326 sq m. This application seeks to increase the area on the roof to 1,443 sq m and increases the FSR by a further 86 sqm. This does not result in a change to the ratio given the size of the site.
This proposal does change the approach to the discreet roof form vaults. This current application provides vaults that merge into other vaults, creating a joined roof form across the proposal.
24The approach that the council has adopted in allowing some development on the sixth floor through the interesting vault forms has merit in an urban design sense. I see no reason why this sensible approach should be diluted through the additional floor area proposed in this application.
25Second, and while the sixth floor units would have increased amenity, it is difficult, if not impossible, to argue that the units need the additional amenity given the panoramic and even iconic views over Bondi Beach that will still be available without the additional floor area.
26Third, and even though the additional floor area will not be viewed from all locations around the site, the vault structures on the roof can be viewed from certain locations near the beach and from other apartments to the west of the site . The irregular but separate and distinct nature of the vaults allows them to be read as distinct elements from many, but not all locations however the current proposal will see some of the vaults linked and seen as roof elements of greater mass and bulk. This is inconsistent with the approach to the development of the sixth floor where it was envisaged that there would not be a full or partial floor at this level.
27Fourth, and even though the council approached the redevelopment of the site through the adaptive reuse of the building it does not follow, in my view, that simply because the non-complying height of a building may not able to be seen from a number of locations that this, in itself, justifies a further breach of the height standard. The height standard must have some work to do in considering the appropriate height of a building on the site, particularly given the high prominence of the Bondi Beach area.