Statement of Environmental Effects

the subject site | (lot/plan reference redacted)

Mixed-Use Development Application — Sydney Local Environmental Plan 2012

Prepared by Perry Town Planning NSW | Draft for Client Review

---

> ⚠ Critical Prefatory Note — No Proposal Description Supplied > The customer's proposal description field was blank at the time of drafting. This SEE has been prepared on the basis of the verified property record only. All references to the nature, scale, and configuration of the proposed development are flagged as [Assumption — verify against scheme drawings / DA documentation before lodgement]. The planning-controls analysis, heritage assessment, and permissibility analysis are substantive and based on the verified record. Before lodgement, every assumption must be replaced with verified project data. > > ⚠ Critical Permissibility Alert — RE1 Public Recreation Zone > The verified record confirms the subject lot is zoned RE1 — Public Recreation under the Sydney Local Environmental Plan 2012. RE1 does not ordinarily permit commercial premises, residential flat buildings, or shop-top housing as of right. A mixed-use development of the kind typically associated with the Mixed-Use tier may be prohibited in this zone, or may require a site-specific amendment, a Planning Proposal, or reliance on an alternative permissibility pathway. This is addressed in detail in Section 4 (Planning Controls) and Section 5.1 (Permissibility). The applicant must obtain independent legal and planning advice on permissibility before lodging any DA on this site in its current zone.

---

1. Introduction

This Statement of Environmental Effects (SEE) has been prepared by Perry Town Planning NSW in support of a Development Application (DA) to be lodged with the City of Sydney Council (the Council) pursuant to section 4.12 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

The subject site is located at the subject site, being (lot/plan reference redacted). The site sits at the civic and symbolic heart of the Sydney Central Business District, fronting the the subject site pedestrian mall to the south and forming part of the broader precinct anchored by the heritage-listed Sydney General Post Office complex.

The application seeks consent for a mixed-use development comprising ground-floor commercial uses and residential accommodation above [Assumption — verify against scheme drawings]. Given the complexity of the site — including its RE1 zoning, multiple heritage constraints, Central Sydney local provisions, and proximity to the Tank Stream archaeological corridor — this SEE addresses each relevant environmental planning instrument, development control, and likely impact in detail.

This SEE has been prepared in accordance with:

• Section 4.15 of the Environmental Planning and Assessment Act 1979
• Clause 2.36(3) of the Environmental Planning and Assessment Regulation 2021
• The City of Sydney Council's Development Application Guide
• Sydney Local Environmental Plan 2012 (Sydney LEP 2012)
• All applicable State Environmental Planning Policies

2. Description of the Site and Locality

2.1 Site Identification

2.2 Existing Improvements

The site is understood to form part of, or abut, the precinct associated with the Sydney General Post Office (GPO), one of the most significant heritage buildings in New South Wales [Assumption — confirm exact relationship of (lot/plan reference redacted) to the GPO building envelope and the subject site mall land parcel]. The GPO building, constructed between 1866 and 1891, occupies the corner of the subject site and Pitt Street and was designed by colonial architects including James Barnet. The building was converted to the Westin Sydney hotel in the late 1990s.

the subject site itself is a linear pedestrian plaza extending approximately 750 metres east–west through the Sydney CBD between Macquarie Street and George Street. It operates as a major civic and ceremonial space.

The site may include below-grade structures associated with the Tank Stream tanks and tunnels, which are heritage-listed archaeological remains of colonial-era water infrastructure beneath the Sydney CBD.

The condition of any existing improvements on the subject lot specifically [Assumption — verify against site inspection report / existing-conditions survey].

2.3 Surrounding Land Uses and Character

The the subject site precinct is characterised by:

• Immediately adjoining — landmark commercial towers, banking institutions, luxury retail and hospitality tenancies at ground floor, and the the subject site rail station (City & Suburban Railway, Eastern Suburbs Railway)
• North — the subject site station pedestrian access and the commercial tower precinct (including the neighbouring tower / 8-12 Chifley Square cluster)
• East — Macquarie Street, NSW Parliament House, The Mint, Hyde Park Barracks, State Library — the civic spine of the NSW government
• South — the commercial and retail precinct of George Street / Pitt Street, Sydney Metro the subject site station (new), and the Castlereagh Street corridor
• West — the Pitt Street mall commercial precinct

2.4 Heritage Context

The verified property record identifies two heritage constraints directly applicable to this site:

1. Tank Stream tanks and tunnels — a subsurface heritage item of state and national significance, representing the original water supply infrastructure of the Colony of New South Wales. The tanks and tunnels run generally north–south beneath the central Sydney CBD.
2. Sydney General Post Office — one of the most significant Victorian-era public buildings in Australia. Listed on the State Heritage Register (SHR) [Assumption — confirm SHR item number and precise boundary against the NSW Heritage Register]. Classified by the National Trust of Australia and recognised as a rare surviving example of Victorian Renaissance architecture in a colonial public-works context.

2.5 Topography, Drainage, and Hazards

Acid Sulfate Soils — Class 5: Class 5 is the least severe ASS classification under the LEP mapping. At Class 5, there is generally no requirement to prepare an Acid Sulfate Soils Management Plan unless development involves works below the natural ground surface in a manner that may affect Class 1–4 land in proximity. Given the urban context and the depth of existing basement infrastructure across this precinct, the ASS classification is unlikely to be a limiting factor, but any subterranean works should be assessed against the Class 5 criteria in Clause 5.20 of Sydney LEP 2012 and the Resilience and Hazards SEPP 2021 (Chapter 3, Part 1). A preliminary ASS assessment should be included in the geotechnical / contamination reporting [Assumption — confirm depth and nature of any proposed excavation].

---

3. Description of the Proposal

> Note: No proposal description was supplied. The following section sets out assumptions that are reasonable for a mixed-use development in the Sydney CBD context. Every figure must be replaced with verified project data before lodgement.

3.1 Proposed Development

The DA seeks development consent for a mixed-use building comprising:

• Ground floor — commercial premises (retail / hospitality) [Assumption — use type to be confirmed against LEP land-use table and RE1 permissibility — see Section 4]
• Floors 1 and above — residential apartments [Assumption — number of storeys, GFA, and dwelling count to be confirmed]
• Below-grade — basement car parking and / or basement services [Assumption — confirm whether excavation is proposed and its relationship to Tank Stream heritage corridor]

3.2 Development Statistics

3.3 Construction Methodology

[Assumption — construction methodology, staging, construction management plan, and construction traffic management plan to be provided by applicant. Given the proximity to the subject site mall, Sydney Metro infrastructure, and subsurface heritage, a detailed Construction Management Plan (CMP) and a Heritage Impact Statement (HIS) will almost certainly be required as conditions of any consent.]

3.4 Hours of Operation

• Commercial ground-floor tenancy: [Assumption — 7:00 am to 10:00 pm Monday to Saturday; 9:00 am to 8:00 pm Sunday and public holidays — verify against proposed use and acoustic assessment]
• Residential component: 24 hours (residential use)

4. Relevant Environmental Planning Instruments and Development Controls

4.1 Sydney Local Environmental Plan 2012

The primary instrument applying to the subject site is the Sydney Local Environmental Plan 2012 (Sydney LEP 2012), made under the EP&A Act. The following provisions of Sydney LEP 2012 are directly relevant.

4.1.1 Zone — RE1 Public Recreation

The site is zoned RE1 — Public Recreation under Sydney LEP 2012, Clause 2.3 and the Land Zoning Map.

The objectives of the RE1 zone are (Cl 2.2):

> 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.

The land-use table (Cl 2.3) for RE1 in Sydney LEP 2012 does not include commercial premises, residential flat buildings, shop-top housing, or mixed-use development among the uses permitted with consent in the RE1 zone. The permitted uses in RE1 are, in general terms, limited to:

• Environmental protection works
• Recreation areas
• Recreation facilities (indoor and outdoor)
• Restaurants or cafes (in some configurations — subject to the specific land-use table for the Sydney LEP 2012 version current at the date of lodgement [Assumption — confirm against the current version of Sydney LEP 2012 as amended])
• Visitor accommodation (in some circumstances)
• Infrastructure facilities
• Maintenance facilities

• Commercial premises — includes retail premises and food and drink premises. Whether these are in the RE1 permitted-with-consent list must be confirmed against the current Sydney LEP 2012 land-use table.
• Residential flat buildings / shop-top housing / multi-dwelling housing — typically prohibited in RE1.

Action required before lodgement:

1. Confirm the exact uses proposed and their LEP definitions.
2. Cross-reference against the current RE1 land-use table in Sydney LEP 2012 (as amended to the date of lodgement).
3. If any component is prohibited, identify the pathway — Planning Proposal, SEPP gateway, or alternative instrument.

4.1.2 Height of Buildings — Clause 4.3

The verified property record notes that the Height of Buildings (HOB) for the site is not specified in the LEP map. This is unusual and must be verified against the Height of Buildings Map (HOB Map) in Sydney LEP 2012. In some instances, the absence of a HOB nomination on the map means there is no numerical LEP height control — but this must be confirmed, as unintended omissions can occur. Alternatively, the site may carry a HOB nomination in a precinct-specific provision under Division 6 or Schedule 1 of the LEP [Assumption — verify HOB Map against (lot/plan reference redacted)].

4.1.3 Floor Space Ratio — Clause 4.4

The verified property record confirms an FSR of 8:1. This is consistent with the high-intensity commercial character of the Central Sydney precinct. An FSR of 8:1 applied to the site area would yield the maximum permissible GFA. [Assumption — calculate permissible GFA against verified site area.]

4.1.4 Central Sydney Provisions — Division 6

The verified property record identifies that the site is subject to Central Sydney local provisions (Division 6, Sydney LEP 2012). These are additional provisions that apply to the Central Sydney area (broadly, the historic core of the Sydney CBD bounded by the Domain, Darling Harbour, Chinatown, and Circular Quay). The Central Sydney provisions address:

• Floor space ratio incentives for certain land uses (Cl 6.17 and 6.18)
• Design excellence — Clause 6.21 requires design excellence for development in Central Sydney that exceeds specific GFA thresholds. Design excellence is typically demonstrated through a competitive design process (design competition or design alternatives process) adjudicated by a Design Excellence Panel.
• Publicly accessible areas — Cl 6.27 requires ground-floor publicly accessible areas in certain configurations.
• Commercial floor space — Cl 6.28 protects the supply of commercial floor space in Central Sydney; in certain zones, residential use at specific floors may be limited or require a floor-space offset.

4.1.5 Clause 6.17 — Additional Floor Space for Commercial Premises (Applicable to Site)

The verified property record confirms the site is affected by Clause 6.17. Clause 6.17 of Sydney LEP 2012 provides additional floor space (above the base FSR) for development that achieves certain commercial employment outcomes in Central Sydney. The clause is directly relevant if the proposed development includes commercial premises and the applicant seeks to maximise GFA. [Assumption — the applicant's design team should confirm whether Cl 6.17 applies to the specific uses proposed and whether the REI zone makes Cl 6.17 operative — the clause may be zone-specific and may not operate in RE1.]

4.1.6 Clause 6.18 — [Applicable to Site]

The verified record identifies the site as affected by Clause 6.18 of Sydney LEP 2012. The precise subject matter of Cl 6.18 in the current version of Sydney LEP 2012 should be confirmed — Cl 6.18 has been amended over successive plan amendments and may relate to design excellence density bonuses, through-site links, or other Central Sydney incentive mechanisms [Assumption — confirm the operative version of Cl 6.18 at date of lodgement].

4.1.7 Heritage — Clause 5.10

Clause 5.10 of Sydney LEP 2012 applies to development affecting heritage items or heritage conservation areas (HCAs). The subject site is identified as being associated with or proximate to:

1. Tank Stream tanks and tunnels — likely a heritage item listed in Schedule 5 of Sydney LEP 2012 and potentially on the State Heritage Register under the Heritage Act 1977.
2. Sydney General Post Office — a major heritage item, listed in Schedule 5 of Sydney LEP 2012. The GPO is also likely listed on the State Heritage Register.

[Assumption — the heritage status (LEP Schedule 5 vs SHR vs both) of each of the two identified items must be confirmed against the NSW Heritage Register (www.heritage.nsw.gov.au) and the current Sydney LEP 2012 Schedule 5.]

4.1.8 Acid Sulfate Soils — Clause 5.20

As noted above, the site carries a Class 5 ASS mapping. Clause 5.20 of Sydney LEP 2012 requires an ASS assessment if development involves works within or below the natural ground surface. At Class 5, the specific triggers are less onerous than for Classes 1–4, but any below-grade excavation (basement construction, service connections) should be addressed in a preliminary ASS report prepared by a suitably qualified environmental scientist [Assumption — confirm depth of excavation proposed].

4.2 State Environmental Planning Policies

The following SEPPs are applicable to the subject DA.

4.2.1 Resilience and Hazards SEPP 2021

Chapter 3 — Coastal Management: Not triggered (no coastal zone).

Part 1 — Acid Sulfate Soils: Class 5 on site. See Section 2.5 above. No detailed ASSPMP required unless works trigger the Class 5 threshold in the SEPP.

Part 2 — Contamination: If the site has a history of industrial or commercial use involving potential contaminants, the Resilience and Hazards SEPP 2021, Chapter 4 (Contamination), applies. The the subject site precinct has been intensively used since the 1820s. Prior uses of (lot/plan reference redacted) specifically should be investigated through a desktop Phase 1 Preliminary Site Investigation. The Tank Stream corridor may also contain historical contamination from colonial-era activities [Assumption — PSI to be commissioned by applicant].

4.2.2 Industry and Employment SEPP 2021

Part 3 — Advertising Structures and Signage: If the proposal includes any externally visible signage (identification signs, building identification, retail signage), Part 3 of the Industry and Employment SEPP 2021 applies. The assessment criteria at Clause 3.10 require consideration of:

1. Character of the locality — the the subject site precinct is a heritage-sensitive civic environment. Signage must respond to the historic character and the specific requirements of the heritage items.
2. Special areas — the Sydney Harbour foreshore area may partially overlap [Assumption — confirm against SEPP maps].
3. Views and view sharing — signage must not unreasonably obstruct key views to and from heritage buildings, including the GPO facade.
4. Streetscape, setting, and landscape.
5. Site and building — sign area relative to facade area.
6. Illumination — luminary values and glare to residents, pedestrians, and drivers.
7. Heritage — heightened consideration for heritage items and HCAs.

4.2.3 Sustainable Buildings SEPP 2022

If the commercial component of the proposed development equals or exceeds 1,000 m² GFA, the Sustainable Buildings SEPP 2022 applies. This requires the development to achieve specified NABERS Energy ratings:

For the residential component, BASIX requirements under the Sustainable Buildings SEPP 2022 apply to all new dwellings in NSW. A BASIX Certificate must be lodged with the DA.

[Assumption — confirm GFA of each component; commission NABERS commitment and BASIX assessment as part of DA package.]

4.2.4 Transport and Infrastructure SEPP 2021

Clause 102 — Traffic-Generating Development: If the proposed development meets the traffic-generating thresholds in Schedule 3 of the Transport and Infrastructure SEPP 2021 (typically more than 40,000 m² GFA retail; 75 car-parking spaces; or other thresholds), a referral to Transport for NSW (TfNSW) is required before the DA can be determined. [Assumption — confirm GFA and car-parking numbers against Schedule 3 thresholds.]

4.2.5 Design and Place SEPP 2021

The Design and Place SEPP 2021 applies to development in NSW including in the City of Sydney. It requires preparation of a Design Guide analysis for significant development. For the residential component, if four or more dwellings are proposed and the building is three storeys or more, the Apartment Design Guide 2015 (ADG) applies as a mandatory consideration under the Design and Place SEPP.

The ADG sets out 29 design criteria across categories including:

• Solar and daylight access (4A)
• Natural ventilation (4B)
• Ceiling heights (4C)
• Apartment size and layout (4D)
• Private open space and balconies (4E)
• Common circulation and spaces (4F)
• Facades (5A)
• Roof and plant (5B)
• Site planning and building entry (5C)
• Open space and communal open space (5D)
• Vehicle access and parking (5E)
• Utilities and facilities (5F)

4.3 City of Sydney Development Control Plan 2012

The Sydney Development Control Plan 2012 (Sydney DCP 2012) provides detailed development controls supplementary to Sydney LEP 2012. The following DCP sections are relevant.

4.3.1 Section 2 — General Controls

Addresses site analysis, design quality, privacy, solar access, wind, and waste management. The proposal must be accompanied by a thorough site analysis demonstrating the relationship of the proposed building to the surrounding heritage context, public domain, and solar envelope.

4.3.2 Section 3 — Central Sydney Controls

Specific controls for the Central Sydney area, including:

• Public domain — active frontages, awning requirements, ground-plane permeability
• Building setbacks and step-backs above heritage parapet heights
• Through-site links — in large-site developments, through-site pedestrian connections may be required
• Design excellence — process and criteria aligned with Sydney LEP 2012 Cl 6.21
• Wind microclimate — wind comfort at pedestrian level (Davenport / Lawson criteria)

4.3.3 Section 4 — Specific Development

Controls for mixed-use development, including:

• Ground-floor activation — minimum 75–90% of the subject site frontage to be active commercial / retail / hospitality tenancy [Assumption — confirm exact DCP percentage for Central Sydney]
• Awnings — continuous awning to the the subject site frontage at a height and depth responding to the GPO colonnade
• Lobby treatment — residential lobby not to exceed a proportional width that would break the active frontage
• Servicing — service vehicle access not from the subject site frontage; rear-of-site or secondary-street access required [Assumption — confirm site geometry and access options]

4.3.4 Parking and Loading

The Sydney DCP 2012 and City of Sydney Council's car-parking rates apply. In the Central Sydney area, car-parking rates for new development are typically constrained or capped (consistent with the public transport priority policy of the City's Local Strategic Planning Statement 2020 and Sydney City Centre Access Strategy). [Assumption — confirm whether any car parking is proposed; note that in the Central Sydney context, residential car parking may be limited to accessibility spaces only.]

Bicycle parking and end-of-trip facilities are required under Sydney DCP 2012 at rates approximately:

• Commercial: 1 bicycle space / 200 m² GFA + shower and change facilities for staff
• Residential: 1 bicycle space / dwelling (secure, weather-protected)

---

5. Assessment Under Section 4.15 of the EP&A Act

Section 4.15(1) of the EP&A Act requires the consent authority to take into consideration such of the following matters as are of relevance to the development the subject of the application. Each is addressed below.

5.1 Section 4.15(1)(a)(i) — Provisions of any Environmental Planning Instrument

5.1.1 Sydney LEP 2012 — Permissibility

This is the critical issue for this DA.

As detailed in Section 4.1.1, the subject site is zoned RE1 — Public Recreation. The RE1 zone in Sydney LEP 2012 is intended to provide land for public open space and recreational purposes. Mixed-use development (retail premises + residential flat building) is not listed as a permitted use in the RE1 zone land-use table.

Before this SEE can be taken to a finalised lodgement-ready form, the applicant must confirm:

1. Whether the specific uses proposed (e.g. retail premises, food and drink premises, residential flat building, shop-top housing) appear in the RE1 permitted-with-consent column of the current Sydney LEP 2012 land-use table.
2. Whether any SEPP overrides the zone table to permit the proposed uses (e.g. Transport and Infrastructure SEPP provisions for infrastructure-related uses, or a site-specific amendment in an amendment to Sydney LEP 2012).
3. Whether Clauses 6.17 and 6.18 (which apply to this site per the verified record) create any special permissibility pathway for additional or altered uses.
4. Whether the development is proposed on land that is the subject of a site-specific proposal note or Planning Proposal that would change the zone prior to DA lodgement.

• Rezoning via a Planning Proposal under Part 3 of the EP&A Act to a zone that permits the proposed uses (most likely MU1 Mixed Use or E2 Commercial Centre), followed by DA lodgement under the new zone; or
• Amending the proposal so that only uses that are permitted in RE1 are included.

5.1.2 Height of Buildings

No numerical LEP height control has been confirmed from the verified record. [Assumption — confirm against the current HOB Map for (lot/plan reference redacted). If no HOB applies, the building height may be determined by other controls including DCP envelope controls, heritage envelope constraints, the Central Sydney urban design framework, and the Design Excellence Panel's recommendations.]

In the absence of a HOB Map control, the Council retains discretion to assess any proposed height against the zone objectives, the surrounding heritage context, and the urban design framework for Central Sydney.

5.1.3 Floor Space Ratio

The verified FSR is 8:1. Subject to permissibility being established, the proposed development must not exceed the FSR achieved by applying 8:1 to the site area, plus any bonus FSR available under Clauses 6.17 and/or 6.18 (where operative).

[Assumption — FSR compliance table to be completed once site area and GFA are confirmed.]

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.