22597
The development consists of the subdivision of first and second floor residence to Scotch House and construction of additional third floor roof level extensions to provide for a one bedroom apartment (no.1) at first floor level and a three bedroom duplex apartment (no.2) at second and third floor level with private external amenity spaces, including greenhouse to rear; construction of a centrally positioned single storey extension at first floor level to provide for a two bedroom apartment(no.3); construction of a two storey rear extension partially over auction house onto Maguire's Yard at first and second floor level to provide for two duplex two bedroom apartments (nos. 4 and 5); construction of two centrally positioned single storey extensions at second floor level to provide for a residents common room and a greenhouse; change of use of former auction house (83 sq.m) to the rear to a retail unit (retail A) with lane access and a second retail unit (retail B) with provision for new entrance off Maguire's Yard; partial change of use of rear service area to existing ground floor retail unit (38 sq.m) to provide for a communal space and lobby area serving the proposed upper floor residences and existing office and a revised internal layout for the rear service area corridor (4 sq.m) serving the existing ground floor café; provision for ramped, stepped and gated public access laneway between Pearse Street and Maguire's Yard; provision of residents external amenity space at first, second and third floor levels, all associated signage and lighting and connections to local engineering services.
Core Refusal Reason
The refusal was primarily based on the applicant's failure to demonstrate sufficient legal interest for rear access, the lack of a comprehensive construction traffic management plan, and the negative impact of the proposed pedestrian route on local residential amenity.
Decision Maker's Conclusion
- The proposed pedestrian access to the rear of the property onto Maguires Yard would negatively impact the residential amenity and depreciate the value of properties in the vicinity.
- The applicant failed to establish sufficient legal interest or a confirmed right of way to facilitate necessary construction access from the rear of the development site.
- The absence of a comprehensive construction traffic management plan for the Pearse Street frontage poses a potential traffic hazard and endangers public safety.