Statement of Environmental Effects

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> ⚠ Critical drafting notice — proposal description not supplied > > The customer's proposal description field was left blank. A SEE cannot be finalised without a description of the proposed use. The sections below are structured around the verified property record and the RE1 — Public Recreation zone controls under the Sydney Local Environmental Plan 2012 (SLEP 2012). Where proposal-specific information is absent, the document flags the gap with [MISSING — supplier to complete] so the customer or their consultant can insert the correct information before lodgement. All site and zone facts are drawn from the verified property record supplied and are cited verbatim. > > A second critical matter is raised in §4 below: the RE1 — Public Recreation zoning has a restricted land-use table. Before any further work is done, the proposed use must be confirmed and checked against the SLEP 2012 RE1 land-use table to establish permissibility. If the proposed use is prohibited in RE1, the DA cannot proceed without a Planning Proposal to amend the LEP, a rezoning, or a re-characterisation of the use.

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1. Introduction

This Statement of Environmental Effects (SEE) has been prepared in support of a Development Application (DA) lodged with the City of Sydney Council (the Council) pursuant to the Environmental Planning and Assessment Act 1979 (EP&A Act). The DA seeks development consent for a change of use of the existing premises at the subject site.

The SEE addresses the matters for consideration set out in section 4.15 of the EP&A Act and the relevant environmental planning instruments, including the Sydney Local Environmental Plan 2012 (SLEP 2012) and the Sydney Development Control Plan 2012 (SDCP 2012).

1.1 The applicant

[MISSING — insert applicant name, ACN/ABN if company, and contact details]

1.2 The proposal in brief

The applicant proposes to change the use of the existing premises at the subject site from [MISSING — existing approved/lawful use] to [MISSING — proposed use in the applicant's words].

The premises have a floor area of approximately [MISSING — GFA in m²] and are located within an existing [MISSING — describe the building, e.g. heritage-listed multi-storey commercial building / ground-floor tenancy within the former GPO building].

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2. Site and Context

2.1 Site description

Source: NSW Spatial / DPIE verified property record.

2.2 Site area and dimensions

The site area and lot dimensions are [MISSING — insert from survey or title] \[Assumption — verify against survey / DCP / LEP\]. the subject site is a major civic plaza and pedestrianised thoroughfare in the Sydney CBD. (lot/plan reference redacted) forms part of or is proximate to the former Sydney General Post Office building (GPO), a landmark heritage structure on the subject site.

2.3 Existing use and built form

The existing use of the premises the subject of this DA is [MISSING — identify the current lawful use; source from prior DA consent, existing lease, or certificate of use].

The existing building is [MISSING — describe the physical premises: tenancy level, floor area, fit-out]. Any change of use that involves fit-out works beyond cosmetic alteration will require a separate Construction Certificate and, depending on the BCA Classification change (see §8 below), may trigger additional fire-safety obligations.

2.4 Surrounding land uses and character

the subject site occupies a central position within the Sydney CBD and is characterised by significant commercial, retail, hospitality, civic, and financial uses at ground and lower levels, with office and hotel uses in the floors above. The precinct is designated as part of the Central Sydney area under SLEP 2012. The site is bounded by:

• North: the subject site pedestrian mall
• South: [MISSING — verify from aerial / title]
• East: [MISSING — verify from aerial / title]
• West: [MISSING — verify from aerial / title]

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3. Description of the Proposal

3.1 Proposed use

[MISSING — describe the proposed use in full: dominant activity, ancillary activities, customer-facing components, staff numbers, capacity, hours of operation, fit-out description]

3.2 Hours of operation

Proposed hours of operation: [MISSING — e.g. Monday–Sunday, 07:00–22:00]

The proposed hours are relevant to the assessment of amenity impacts, in particular noise, waste collection, and delivery scheduling. Hours of operation in the Central Sydney area are also subject to SDCP 2012 controls and may be subject to conditions of consent.

3.3 Staffing and patron/customer capacity

3.4 Deliveries and servicing

3.5 Fit-out works

The proposal [does / does not — MISSING] involve building works beyond a minor fit-out. If building works are proposed:

• A Construction Certificate will be required in addition to this DA
• BCA Classification of the tenancy [MISSING — identify current and proposed Classification, e.g. Class 6 → Class 6] should be confirmed with a certifier
• Any change to BCA Classification that involves upgrading fire services or egress will be addressed in a separate Fire Safety Schedule

4. Permissibility — RE1 Zone Land-Use Table

4.1 The headline permissibility question

> This is the most important section of this SEE. The proposed use must be a permitted use in the RE1 — Public Recreation zone under SLEP 2012 before this DA can be processed.

Under clause 2.3 of SLEP 2012, the RE1 — Public Recreation zone land-use table provides (verbatim from SLEP 2012 at the date of this SEE):

Zone RE1 Public Recreation

1. Permitted without consent: Environmental protection works; Roads

2. Permitted with consent: Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Charter and tourism boating facilities; Child care centres; Community facilities; Environmental facilities; Environmental protection works; Information and education facilities; Kiosks; Overnight accommodation; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants or cafes; Roads; Sewerage systems; Stormwater management systems; Water recreation structures; Water supply systems; Waterway access stairs; Wharf or boating facilities

3. Prohibited: Any development not specified in items 1 or 2

> Note: The SLEP 2012 land-use table text should be verified against the current published version of the instrument via the NSW legislation website (legislation.nsw.gov.au) immediately prior to lodgement. LEP amendments occur periodically and the table above reflects the instrument as understood at the date of this SEE.

4.2 Characterisation of the proposed use

Under the framework established in Plowright v Hawkesbury City Council [2017] NSWLEC 1488 and Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114, a proposed use is characterised by its dominant purpose — the primary activity for which the premises will be used — with ancillary activities that are subordinate and functionally related not altering the characterisation.

[MISSING — the proposed use must be described before characterisation can be completed. Once the proposed use is supplied, apply the Standard Instrument LEP Dictionary definition that best fits the dominant activity, confirm the sub-type, and check against the RE1 land-use table above.]

As a preliminary guide, the following uses are permitted with consent in RE1 that may be relevant to typical change-of-use scenarios in this precinct:

> Action required: Confirm the proposed use with the customer, characterise it under the Standard Instrument LEP Dictionary, and check the characterisation against the RE1 land-use table above. If the proposed use is not listed in Item 2 of the RE1 table, the DA cannot proceed and the customer must be advised accordingly. A Planning Proposal to amend the LEP, or a redesign of the use concept, would be required.

4.3 Additional permitted uses — clause 2.5 and Schedule 1

Clause 2.5 of SLEP 2012 allows Schedule 1 to specify additional permitted uses for identified lots that override the standard zone table. Schedule 1 of SLEP 2012 should be checked for (lot/plan reference redacted) to confirm whether any additional use is permitted on this specific lot. \[Assumption — verify against current SLEP 2012 Schedule 1 prior to lodgement\]

Additionally, the site is identified as being subject to clause 6.17 and clause 6.18 (Central Sydney local provisions). These clauses may impose additional development standards or controls relevant to the proposed use. These are addressed further in §5 below.

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5. Relevant Environmental Planning Instruments

5.1 Sydney Local Environmental Plan 2012

5.1.1 Zone objectives — RE1 Public Recreation

The objectives of the RE1 — Public Recreation zone under SLEP 2012 are:

• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.

5.1.2 Floor space ratio — clause 4.4

The maximum FSR for the site is 8:1 as recorded in the verified property record. The proposed change of use [does / does not — MISSING] involve additional gross floor area. If the proposal is a change of use within an existing building without additional GFA, clause 4.4 is not triggered. This should be confirmed once the proposal description is supplied.

5.1.3 Height of buildings — clause 4.3

No maximum height of buildings is specified in the verified property record for this lot. This matter is noted but is unlikely to be relevant to a change of use of an existing premises without additional building height.

5.1.4 Heritage conservation — clause 5.10

The site is identified as affected by two heritage matters in the verified property record:

1. Tank Stream tanks and tunnels — a State-significant archaeological and heritage resource running beneath central Sydney, including beneath or proximate to the subject site
2. Sydney General Post Office — a prominent heritage-listed building on the subject site

Relevance to change of use:

For a change of use within an existing tenancy of the former GPO building (or a related lot), the key heritage considerations are:

• Internal fabric — does the proposed fit-out affect original heritage fabric (cornices, floors, ceilings, joinery)? Any works affecting heritage fabric require a Heritage Impact Statement (HIS) prepared by a suitably qualified heritage consultant
• Signage — new business signage on a heritage-listed building must be assessed for heritage impact; a Heritage Impact Statement addressing the signage is typically required
• Activation and use character — the dominant use of a heritage place contributes to its significance; a use that is inconsistent with the heritage character of the building (e.g. a use requiring major structural intervention) may require further justification
• Tank Stream — for works below ground (e.g. new fitout requiring penetration of slabs or excavation), an Archaeological Assessment and consultation with the NSW Heritage Council and the relevant State agency will be required

A Heritage Impact Statement prepared by an accredited heritage consultant should accompany the DA lodgement. This SEE provides a preliminary framework for that assessment but does not substitute for specialist heritage advice.

5.1.5 Clause 6.17 — [Central Sydney — specific provisions]

The verified property record confirms the site is affected by clause 6.17 of SLEP 2012. Clause 6.17 applies to land within the Central Sydney area and may impose additional controls on development including activation requirements, ground-floor uses, and hours of operation. [MISSING — review the current text of cl 6.17 of SLEP 2012 and confirm applicability to the proposed use; insert relevant provisions and compliance statement] \[Assumption — clause 6.17 is applicable; compliance to be confirmed against current SLEP 2012 text\]

5.1.6 Clause 6.18 — [Central Sydney — specific provisions]

The verified property record confirms the site is also affected by clause 6.18 of SLEP 2012. [MISSING — review the current text of cl 6.18 of SLEP 2012 and confirm applicability to the proposed use; insert relevant provisions and compliance statement] \[Assumption — clause 6.18 is applicable; compliance to be confirmed against current SLEP 2012 text\]

5.2 Sydney Development Control Plan 2012

The Sydney Development Control Plan 2012 (SDCP 2012) provides development guidelines supplementary to SLEP 2012. Relevant chapters will depend on the proposed use but typically include:

[MISSING — once the proposed use is described, address each relevant SDCP chapter with reference to proposed compliance. Insert DCP parking rate calculation once use type and patronage capacity are confirmed.]

5.2.1 Parking

The SDCP 2012 prescribes parking rates for development in the City Centre area. For Central Sydney, the parking rates are typically expressed as a maximum rather than a minimum (to discourage private vehicle use in a highly accessible transit location). The site at the subject site is immediately adjacent to the subject site Station (Metro and City Circle), representing exceptional public transport accessibility.

[MISSING — confirm proposed parking provision (likely nil new parking spaces for a change of use in this location) and address against SDCP 2012 parking rate for the proposed use type]

5.2.2 Bicycle storage and end-of-trip facilities

For uses that attract staff and regular users, the SDCP 2012 may require provision of bicycle storage and end-of-trip facilities. [MISSING — identify whether existing premises include such facilities; address requirement once use type and staffing numbers are confirmed]

5.2.3 Waste management

A Waste Management Plan (WMP) consistent with SDCP 2012 Chapter 10 requirements should accompany the DA for a commercial change of use. The WMP should address:

• Type and volume of waste generated (by the proposed use)
• Bin storage location within the tenancy or building
• Collection frequency and access arrangements
• Recycling and organics streams

5.3 State Environmental Planning Policies (SEPPs)

The following SEPPs are potentially applicable and should be reviewed prior to lodgement:

5.3.1 Resilience and Hazards SEPP 2021 — Acid Sulfate Soils

The verified property record identifies Class 5 acid sulfate soils on the site. Class 5 under the Acid Sulfate Soils Manual is the lowest risk class. The relevant clause of the Resilience and Hazards SEPP 2021 provides that works involving disturbance of Class 5 soils below the water table trigger the acid sulfate soils management provisions.

For a change of use without below-ground excavation, the Class 5 acid sulfate soils classification is unlikely to be triggered. If the proposal involves any excavation (e.g. below-slab services, new footings), an Acid Sulfate Soils Assessment will be required. \[Assumption — no below-ground excavation proposed; verify with structural engineer / project scope prior to lodgement\]

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6. Likely Impacts of the Development

6.1 Overview

This section addresses the likely impacts of the proposed change of use under section 4.15(1)(b) of the EP&A Act, addressing both natural and built environment impacts, and social and economic impacts.

> Note: The assessment below is structured around the typical impact categories for a change-of-use SEE. Each subsection requires completion once the proposed use is described. Where the proposed use is a food and drink premises (restaurant or cafe), the acoustic, odour, hours-of-operation, and waste sections will be the primary areas of Council interest.

6.2 Acoustic and noise impacts

[MISSING — once the proposed use is confirmed, address:]

• Likely noise sources generated by the use (kitchen extraction, refrigeration, HVAC, music, patron activity, deliveries)
• Consistency with the acoustic environment character of the subject site (primarily commercial / civic precinct)
• Proximity to any noise-sensitive receivers (residential, hospitals, schools) — note that the Central Sydney precinct has limited immediately adjacent residential receivers but some mixed-use buildings exist nearby \[Assumption — no immediately adjacent sensitive receivers at ground-floor level; verify against surrounding building uses\]
• Whether an acoustic report prepared to AS/NZS 2107:2016 Acoustics — Recommended design sound levels and reverberation times for building interiors is required as a condition of consent
• For kitchen extraction: compliance with NSW EPA Approved Methods for the Modelling and Assessment of Air Pollutants in NSW and Council's extraction standards under SDCP 2012

6.3 Hours of operation

[MISSING — state the proposed hours of operation and address:]

• Consistency with the character of the zone and the the subject site precinct
• Any sensitivity to extended trading hours in relation to adjacent uses or residential receivers
• Whether the proposed hours comply with the SDCP 2012 hours-of-operation controls for the use type in the City Centre area
• Plan of management requirement (if the use is a late-trading hospitality premises — see §8)

6.4 Traffic and parking

As noted in §5.2.1, the site has exceptional public transport accessibility. the subject site is at grade a pedestrianised plaza. The proposed change of use is unlikely to generate material private vehicle traffic relative to existing use patterns in the precinct.

[MISSING — calculate the change in parking demand between existing and proposed use using the SDCP 2012 parking rates for the relevant use types; confirm whether a net increase in demand arises and how it is managed]

Deliveries and servicing access arrangements should be confirmed with Council's traffic engineer given the constraints of the subject site as a pedestrianised area. \[Assumption — servicing occurs from a rear lane or basement loading dock associated with the building; verify with building management prior to lodgement\]

6.5 Waste generation

[MISSING — once use type is confirmed, estimate waste generation volumes, confirm bin storage location within the building, and confirm collection arrangements consistent with SDCP 2012 Chapter 10]

6.6 Odour

[MISSING — if the proposed use involves food preparation, address kitchen exhaust filtration, grease arrestor installation, and compliance with the requirements of SDCP 2012 and NSW EPA guidelines. If no food preparation is proposed, confirm this and note the section is not applicable.]

6.7 Lighting and signage

Any new external signage or illuminated signage on a heritage-listed building will require assessment under clause 5.10 of SLEP 2012 and SDCP 2012 Chapter 11. [MISSING — describe proposed signage and address heritage impact]

External lighting associated with the use (e.g. at outdoor seating or entry) should comply with AS 4282:2019 Control of the obtrusive effects of outdoor lighting.

6.8 Utilities and infrastructure

The site is serviced by reticulated water, sewer, stormwater, and telecommunications infrastructure consistent with its CBD location. The proposed change of use is not anticipated to materially increase demand on trunk infrastructure. \[Assumption — existing services are adequate for the proposed use; verify with building services engineer if the use involves high-demand kitchen or medical infrastructure\]

6.9 Social and economic impacts

[MISSING — briefly address the positive social and economic contribution of the proposed use to the the subject site precinct and the broader Central Sydney economy. For hospitality or retail uses, note job creation, activation of public space, and contribution to the vibrancy of the subject site.]

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7. Suitability of the Site

The subject site is located within one of Sydney's most prominent civic and commercial precincts. the subject site is a high-amenity, high-accessibility location served by world-class public transport infrastructure. Subject to the proposed use being permitted in the RE1 zone (confirmed in §4 above) and the heritage impacts being appropriately managed (addressed in §5.1.4 and §6), the site is considered suitable for the proposed change of use for the following reasons:

1. Physical suitability — the existing building provides [MISSING — describe the spatial configuration of the premises and its suitability for the proposed use]
2. Locational suitability — the Central Sydney location is appropriate for active, publicly accessible uses of the type proposed
3. Servicing — existing infrastructure is adequate for the proposed use \[Assumption — verify with building services engineer\]
4. Heritage fabric — the existing building has [MISSING — confirmed by heritage consultant] capacity to accommodate the proposed use without unacceptable impact on heritage significance
5. Accessibility — the site is within the catchment of the subject site Station, providing exceptional public transport access for staff, customers, and patrons

8. Ancillary and Related Matters

8.1 Plan of management

If the proposed use is a hospitality use (restaurant, cafe, small bar, or pub) operating after 22:00 on any day, or if the use generates patron activity likely to affect amenity, Council will likely impose a Plan of Management as a condition of consent. The applicant is advised to prepare a draft Plan of Management for submission with the DA, addressing:

• Hours of operation
• Patron numbers and capacity management
• Security and crowd management (if applicable)
• Waste and cleaning schedules
• Noise management
• Deliveries and servicing

8.2 Liquor licence

If the proposed use involves the service of liquor, a separate liquor licence application to Liquor & Gaming NSW will be required. The liquor licence process is separate from this DA process. The SEE notes the licence application is separate but confirms that the DA consent is a prerequisite for a new or varied licence. The proposed licence type is: [MISSING — e.g. on-premises licence, small bar licence, hotel licence]

8.3 BCA Classification

[MISSING — confirm the current BCA Classification of the tenancy and the proposed Classification post-change-of-use. Common changes include:]

• Class 6 (retail/restaurant) → Class 6 (same — no trigger)
• Class 5 (office) → Class 6 (retail/food) — triggers fire-safety upgrade assessment
• Class 6 → Class 9b (assembly) — triggers fire-safety upgrade and separate Construction Certificate

8.4 Food business registration

If the proposed use involves the handling or sale of food, registration as a food business with the City of Sydney Council under the Food Act 2003 will be required. This is a separate compliance matter from the DA and is noted here for the applicant's information.

8.5 Disability access

The Disability (Access to Premises — Buildings) Standards 2010 apply to a change of use where a new consent is required. The existing building must provide compliant access for the proposed use including:

• Accessible entry
• Accessible toilet facilities (if toilet facilities are provided for the use)
• Accessible path of travel from the public footpath to the premises

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9. Conclusion

This Statement of Environmental Effects has been prepared in support of a Development Application for a change of use at the subject site ((lot/plan reference redacted)).

The SEE cannot be finalised until the customer supplies the proposed use description. The following critical pre-lodgement steps are required:

Once the proposed use is confirmed and the above steps are completed, this SEE will be updated and finalised for lodgement. The structure, site assessment, zone analysis, and heritage framework set out in this document will remain materially applicable regardless of the specific proposed use (subject to the use being permitted in the RE1 zone).

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This Statement of Environmental Effects has been prepared by Perry Town Planning NSW. The document is a professional planning opinion. It does not constitute legal advice. The applicant should confirm all site-specific facts, heritage listings, and LEP provisions against current instruments prior to lodgement.

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Document ends

Sources & legislation

Every claim in this report is grounded in the following authoritative documents. Click any link to read the in-force version directly.

• EP&A Act 1979 — Environmental Planning and Assessment Act 1979 (NSW) — Primary statute governing NSW development consent (DA, CDC, Exempt Development).
• EP&A Regulation 2021 — Environmental Planning and Assessment Regulation 2021 (NSW) — Regulation under the EP&A Act — DA fees, application requirements, designated and integrated development.
• Codes SEPP 2008 — State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — Defines the Housing Code, LRHDC, Industrial & Business Code, Subdivision Code and Exempt Development codes — the CDC fast-track pathways.
• Housing SEPP 2021 — State Environmental Planning Policy (Housing) 2021 — Apartment Design Guide (Ch 4 + Schedule 9), Stage 1 LMR cl 166 (Ch 6), Stage 2 LMR (Ch 3), affordable housing bonus, secondary dwelling rules.
• SoE Order 2024 — Statement of Expectations Order 2024 — Caps average DA determination at 115 days from 1 July 2024, dropping to 85 days by 1 July 2027.
• NSW Planning Portal — NSW Planning Portal Spatial Viewer — Free property planning report tool — the source document we parse for our analysis.
• SYDNEY LEP — Local Environmental Plan — SYDNEY — Land Use Table, FSR, height of buildings, minimum lot size, heritage and other local controls for SYDNEY.