45-53 Macleay Street,
Potts Point

A Concept State Significant Development Application is being progressed by developer Time & Place that will establish a building envelope to guide the redevelopment of the site for shop top housing with ground floor shops and cafes and basement car parking.

Welcome

Welcome to the project listing for 45-53 Macleay Street, Potts Point. The Project Listing explains the Concept State Significant Development Application (SSDA) that will be lodged with the NSW Department of Planning, Housing and Infrastructure (NSW DPHI) by Time & Place. This Project Listing will be updated with new information and announcements throughout the development process. We encourage you to revisit the Listing regularly to stay up to date.

This page has been prepared to help local residents and interested stakeholders understand the development. On this page, you will find background information about the Project, its status, a community consultation Have Your Say Survey that you can complete and a feedback form that you can use to ask questions or make a comment.

The information presented has been prepared by UrbanTalk in conjunction with Time & Place and was approved by Time & Place prior to listing.

Proposed Building Envelope
Source: SJB Architects

Project details

Address
45-53 Macleay Street, Potts Point
Local Government Area
City of Sydney
Project Type
Residential
Status
Concept State Significant Development Application
Developer
Time & Place
Architect

SJB

Planning Consultant

Urbis

Project Overview

This project involves the staged redevelopment of the site at 45-53 Macleay Street, Potts Point. The site is located within the City of Sydney Local Government Area and is zoned MU1 Mixed Use under the provisions of the Sydney Local Environmental Plan 2012 (SLEP2012). Development for the purpose of Shop Top Housing is a permissible use with consent in the MU1 Zone.

The site viewed from Macleay Street
The site viewed from McDonald Street

The proposal satisfies the definition of State Significant Development under Schedule 1, Section 26A of the State Environmental Planning Policy Planning Systems 2021. The first stage in the project involves obtaining development consent for a Concept State Significant Development Application (Concept SSDA) that establishes the land uses that can be built on the site, a building envelope and other strategic objectives of the development. The Concept SSDA does not seek approval for any physical works or specify the number of apartments that will occupy the site.

State Environmental Planning Policy (Housing) 2021 (Housing SEPP 2021) applies to this project because:

• It is not prohibited development.
• The residential component will exceed $75 million.
• It meets the location criteria of the Housing SEPP 2021.
• It provides 15% of the residential component as affordable housing for at least 15 years to receive a 30% increase in the height and floor space provisions currently permissible under the Sydney LEP 2012. The affordable housing will be managed by a community housing provider.

The next stage of the project will involve a competitive design process that will be run by the NSW Government Architect. Under the design excellence provisions (set out in Clause 6.21C) of the Sydney LEP 2012 the development receives a 10% height and floor space design excellence bonus.

The proposed building envelope will allow for the construction of a 13-storey building (maximum height 50.05 metres) with ground floor shops and cafes, residential apartments above and 3 levels of basement car parking. The development has a capital investment value of $99.4 million.

The NSW Minister for Planning and public Spaces is the Consent Authority for the Concept SSDA. The NSW DPHI will assess the development application on behalf of the Minister.

Time & Place anticipate that the SSDA will be lodged in the coming months. Further information about the Concept SSDA planning process is provided on this Project Listing.

The Concept SSDA is Seeking Approval for:
  1. A ‘mixed use’ building comprising of retail floor space that could be used as a café and neighbourhood shops at ground level and residential floor space above. The building is defined as ‘shop top’ housing under the planning controls.
  1. Basement parking levels (3) that can accommodate resident and visitor cars, a loading dock, building services and storage space. The basement is accessed from McDonald Street using the existing driveway.
  1. A building envelope with a maximum height of 50.05 metres. Currently under the SLEP 2012 the site is subject to a maximum building height of 35 metres. When the 30% infill affordable housing bonus and 10% design excellence bonus, are applied the combined maximum permissible height for the site is 50.05 metres.

 

  1. A building envelope with a 4.29:1 floor space ratio (FSR). Currently under the SLEP 2012 the site is subject to a maximum FSR of 3:1. When the 30% infill affordable housing bonus and 10% design excellence bonus are applied the combined maximum FSR is 4.29:1.

 

This 3-dimensional view helps to explain the setback distances from neighbouring properties and street frontages.

 

3-dimensional view of the building envelope.

Project Background

On the 15 September 2022, Time & Place lodged a Stage 1 Concept Development Application (DA 2022/960) for the site with the Council of the City of Sydney. Following the gazettal of the Housing SEPP 2021, Time & Place revised the original development proposal allocating 15% of the residential component for affordable housing to receive a 30% increase in the height and floor space provisions currently permissible under the Sydney LEP 2012. This Project Listing presents information about the revised development scenario that is being progressed as a State Significant development.

Statistics At A Glance

ElementProposal
Proposed UseShop Top Housing/Commercial Premises
Gross Floor Area (GFA)Maximum 5,529.8 sqm
Maximum Building Height50.05 metres (inclusive of 30% affordable housing bonus and 10% design excellence bonus)
Floor Space Ratio (FSR)Maximum 4.29:1 (inclusive of 30% affordable housing bonus and 10% design excellence bonus)
Vehicle AccessVehicle access to be provided off McDonald Street
Source: Urbis 2025

Project Status

Concept SSDA Process
Scoping Paper Prepared

Completed

Request for SEARs

Completed

Environmental Impact Statement (EIS)
In progress
EIS & Concept SSDA
Not lodged
Public Exhibition
Not yet started
Department Assessment
Not yet started
Concept SSDA Determined
Not yet started

SEARs: Secretary Environmental Assessment Requirements.

Why is the Concept SSDA Important?

The Concept DA is important because the building envelope control establishes the maximum height and volume of development that can be built on the site. It also establishes the footprint of where the building will be placed on the site. Once approved, any future development on the site will be within the envelope. This includes lift over-runs and balconies.

The Concept DA is accompanied by technical reports that present the findings of detailed site analysis investigations. These reports evaluate the impact the future development of the site will have on the surrounding Potts Point locality and the amenity of neighbours.

The Planning Approval Process

In addition to the community consultation being undertaken for Time & Place by Urbis, the SSDA application will be placed on public exhibition and interested residents and stakeholders will be notified and are able to make a public submission directly to the NSW DPHI at this time.

Design Excellence Requirements

For this project, an architectural design competition will be undertaken. The planning provisions contained in the Sydney Local Environmental Plan 2012 (Sydney LEP 2012) require that buildings taller than 25 metres, located outside of the Central Sydney CBD, must undertake a competitive design. The NSW Government Architect will oversee the design competition process.

A minimum of three competing architects will be invited to participate in the Competitive Design Process. Competitors will be required to partner with a landscape architect. The architect of the winning scheme will be commissioned by Time & Place to prepare the SSDA.

Site Description

The Site

The site address is 45-53 Macleay Street Potts Point. It is legally described as SP 934. ‘SP’ stands for Strata Plan because it is a stratum residential apartment building. Time & Place are in the process of acquiring the building, and they have obtained the consent of the Owners Corporation to lodge the Concept DA.

Macleay Street elevation

The existing residential apartment building containing 80 x 1 bedroom and studio apartments. It is located in the north eastern part of the site. Car parking occupies the remainder of the ground floor and level 1. There is limited landscaping, and no communal or private open space is provided for the existing development. Planter boxes align the Macleay Street and McDonald Street frontages.

McDonald Street and Lane elevation

The site is located on the western side of Macleay Street. It has three street frontages. Its primary street frontage is Macleay Street, which forms its eastern boundary. Its northern frontage is to McDonald Street, which provides driveway access to the site. Its western frontage is to McDonald Lane. Its southern boundary adjoins 55 Macleay Street, which is occupied by a 4-storey hotel known as ‘Whitehouse’.

Neighbouring Development

Sitting on the western side of Macleay Street, the neighbouring properties are:

  • To the east the 10 storey ‘Macleay Regis’ apartment building at 10-12 Macleay Street, one of the most interesting and grand buildings of Potts Point and a heritage-listed building.
  • To the west in McDonald Lane 2-4 level Victorian era terrace housing and small apartment buildings.
  • To the south by the ‘White House’ hotel at 55 Macleay Street, the heritage-listed ‘Yellow House’ building at 57-59 Macleay Street and further south on the corner of Challis Avenue, the heritage-listed ‘Wirrina’ flat building at 61-63 Macleay Street.
  • To the north by 3 and 4 storey residential flat buildings and 2-4 storey Victorian era terrace housing.

Site Context & Local Character

SJB Architecture analysed how the site interacts with the Potts Point locality which, is referred to as its locational context.

Key features of its locational context are:

  • Its location in the heart of the high-density Potts Point village and shopping spine.
  • The variety of building forms that align Macleay Street include multi-storey apartment buildings, smaller 3-4 storey flat buildings and Victorian-era terrace housing. The majority of these buildings address and interact with Macleay Street at a street level, providing ground floor cafés, restaurants, bars and speciality shops that add colour and interest for pedestrians. The existing development at 45-53 Macleay Street is an exception as it turns it back on the street, presenting its garage levels to the footpath.
  • The location of taller buildings generally towards the northern end of Macleay Street takes advantage of the opportunity for harbour and city views. The design of the proposed building envelope has given careful consideration to view impact from neighbouring properties and has sought to minimise impacts through the careful crafting of the building form.
  • The significant boulevard of Plane trees that align the Macleay Street frontage is intrinsic to the character of the Potts Point locality. The Plane trees soften the building forms, provide shade in summer and, because they are deciduous, sunlight in winter. The proposal recognises the important contribution these street trees make to the landscape and heritage character of Potts Point and provides for their retention.
  • While the site is not a heritage item, it is located within the Potts Point Heritage Conservation Area listed under the Sydney LEP 2012. Macleay Street provides a mixture of 10 storey high-rise early 20th-century apartments and late 19th century 3 storey residential and commercial buildings. Significant 20th-century apartment blocks include 4 Macleay Street, Macleay Regis at 10-2 Macleay Street, Seldson at 16 and 20 Macleay Street. The existing building on the site is identified in the heritage controls of the City of Sydney as ‘detracting’ from the Heritage Conservation Area.
Original buildings that were removed in the early 1960s to make way for the current structure
Source: City of Sydney Archives
The current structure at 45-53 Macleay Street after completion in 1964
Source: City of Sydney Archives

The Design

The design approach included:

  1. Establishing if the existing building could be reused.
  2. Establishing design and landscape principles to guide the building envelope form.
  3. Testing the building envelope.

Adaptive Reuse or Start Afresh

  1. To comply with current environmental sustainability requirements (BASIX) and Apartment Design Guide (ADG) standards, approximately 65% of the existing building would require demolition, and a further 15% would need to be significantly altered.
  2. To comply with ADG standards, every second floor would require demolition to provide sufficient floor to ceiling heights.
  3. It would not be possible to introduce a retail use at the Macleay Street frontage as required under the City of Sydney planning controls.
  4. The existing apartments do not have any balconies. Current ADG Standards require all new apartments to have balcony areas, resulting in significant impacts to the existing fabric.
Existing building form
Source: SJB Architects
Existing buliding form with allowable floorpace floor space with adaptive reuse

Adaptive reuse results in a larger building footprint and bulkier form that has view and solar access impacts for neighbours.

Source: SJB Architects
  1. Further, the existing building does not have basement parking. The excavation of basement levels under the existing structure would be high-risk and very expensive.
  2. As the existing building is under the City of Sydney allowable floor space control adding further floor space to the site would give rise to significant and negative view and solar access impacts on neighbouring properties.
  3. The ability for the existing building to be engineered and constructed in a manner that would be able to comply with the Design and Building Practitioners Act is severely limited.

Design and Landscape Principles

The proposed building envelope responds to the following design and landscape principles that were formulated by SJB Architects for this project:

  1. Maximise view sharing and minimise overshadowing of neighbouring apartment and hotel buildings to the east and to the south.
  2. Activate the Macleay Street frontage of the site by providing floor space for shops and cafe uses at ground level.
Providing space for retail and cafes to activate the Macleay Street frontage is one of the design and landscape principles
  1. Ensure any new building fully complies with the City of Sydney 35 metre height control that applies to the site.
  2. Locate the tallest part of the building form on the northeast corner of the site, where the existing building is located.
  3. Provide the greatest possible setback off the southern boundary to ensure the best view outcome for neighbouring properties.
  4. Introduce a 3-level podium as required by the City of Sydney to complement the smaller-scale buildings at the Macleay and McDonald Street frontages that can incorporate retail opportunities and public art.
  5. Maintain existing vehicle entry to the site from McDonald Street and move the parking underground into basement levels.
  1. Design the basement levels to accommodate service delivery and waste removal vehicles so that these activities no longer need to be undertaken from the footpath. This will improve the amenity of the locality.
  2. Incorporate generous areas of communal open space at ground level for the enjoyment of future residents.
  3. Soften the western frontage of the site that backs onto McDonald Lane by incorporating a deep soil landscaped setback of 8 metres that can support significant trees.
  4. Aim to exceed minimum environmental sustainability benchmarks being a 40% BASIX energy target and 50% BASIX water target. Aspire to a 7 Star Nathers Rating through thermally efficient construction.
  5. Incorporate public art to provide colour and interest to the Potts Point Locality and contribute to its cultural wealth and identity.
  6. Respects the heritage significance of the Potts Point Conservation Area and the individual items of heritage significance located close to the site.
Public art is another one of the design and landscape principles

Building Envelope Architectural Drawings

Architectural drawings detailing the proposed building envelope have been prepared by SJB Architects. The plans show how the proposed building envelope gradually steps in from the southern, western and eastern site boundary as the building increases in height.

The legend below applies to all architectural drawings. The outline of the existing apartment building is shown on the plans as a dashed blue line. The proposed envelope is coloured yellow.

Planning Considerations

Sydney Local Environmental Plan 2012

Land Use Zoning

The site is zoned MU1 Mixed Use under the Sydney LEP 2012. The proposed retail and residential development is defined as “shop top housing” and is a permissible development with the Consent of the City of Sydney in the B4 Zone.

Proposed Building Height & FSR

The site is subject to a maximum building height of 35m and FSR control of 3:1 (equating to 3,867 sqm of GFA) under the SLEP 2021.

As a result of the 30% infill affordable housing bonus and 10% design excellence bonus, the combined maximum permissible height for the site is 50.05m. The combined maximum FSR for the site is 4.29:1 (equating to 5,529.8 sqm of GFA).

Design Excellence

Clause 6.21 of the Sydney LEP 2012 requires a competitive design competition to be undertaken as the building is located in Potts Point and exceeds 25 metres in height. The building envelope includes the 10% bonus.

Heritage Considerations

While the site is not a listed heritage item and is listed as a ‘detracting’ item on the Sydney DCP, heritage maps in schedule 5 of the SLEP 2012 places the site within the Potts Point Heritage Conservation Area and is in the vicinity of several individually listed heritage items. The Concept DA is accompanied by a Heritage Impact Statement (HIS).

The City of Sydney has identified that the existing apartment on the site is regarded as a ‘detracting element’ in the conservation area. The HIS report concludes that ‘the proposal provides an opportunity to replace the building with a high-quality infill development that, through the design excellence process, will integrate and respond positively with the adjacent items of heritage significance’.

Community Consultation & Social Impact

Time & Place has engaged Urbis to undertake a Social Impact Assessment (SIA). An SIA is an objective, independent study undertaken to identify and analyse a proposed development’s potential positive and negative social impacts. Social impacts can be understood as the consequences people experience when a new project brings change. An SIA considers social impacts concerning Way of Life, Community, Accessibility, Culture, Health and Wellbeing, Surroundings, Livelihoods, and Decision-making Systems.

The SIA process is being guided by the NSW Department of Planning, Housing and Infrastructure’s Social Impact Assessment Guideline (2023).

To inform the SIA process, Urbis is undertaking community consultation and has developed a Community Survey to gather insights into how the community views the proposed development. The SIA report will form part the Development application documentation that is lodged with the NSW DPHI at the end of February 2025.

Have your Say Community Survey

The survey that Urbis has developed aims to gather your insights about how the mixed-use development at 45-53 Macleay Street, Potts Point, may impact you and your community positively or negatively. Survey responses will help identify mitigation or enhancement measures that could be implemented to reduce negative and enhance positive impacts and inform the SIA report to support the development application. To participate in the survey follow the link below.

About the Developer

Time & Place is a next generation, design-focused Australian developer known for well-considered, contemporary projects, that respond to individual sites and contexts, celebrate use, transcend generations and support and enhance real lives. Established in Melbourne in early 2015, later that year the business expanded, opening their Sydney office.

Time & Place have a strong emphasis on in-house capabilities, allowing them to take on projects across sectors with experience and confidence. While their early projects were focused on the residential and mixed-use sector, they have expanded into the commercial, industrial, retail and hospitality sectors.

Design is core to who Time & Place are, steering clear of formulas in favour of creativity and pragmatism to make interesting projects. They believe that the contemporary home, workplace, or precinct is far more than a structure – it’s a living, breathing system.

Feedback Form

Alternatively, email the developer directly:

pottspointproject@timeplace.com.au