Part 3Additional provisions for the
development of land
9Subdivision of
land
(1)
A person may subdivide land to which this plan
applies but only with the consent of the Council.
(2)
Subclause (1) does not require consent for a
subdivision under the Strata Titles Act
1973.
(3)
Notwithstanding subclause (1), but subject to
clauses 26 and 28, the consent of the Council is not required for subdivisions
that, in the opinion of the Council, involve minor realignment of boundaries
or for consolidation of allotments.
10Allotment sizes for
dwelling-houses
(1)
A person shall not erect a dwelling-house on an
allotment of land unless the land has a site area of not less than the minimum
allotment size indicated for that land on the density
map.
(2)
Subclause (1) does not operate to prohibit the
erection of a dwelling-house on an allotment of land which was in existence as
a separate allotment on the day this plan was gazetted if a dwelling-house
could have been lawfully erected on the allotment immediately before that
day.
(3)
A person shall not subdivide land for the purpose
of erecting dwelling-houses unless each allotment on which it is intended to
erect a dwelling-house created by the subdivision will have a site area of not
less than the minimum allotment size indicated for that allotment on the
density map.
cl 10: Am
22.1.1999.
10AObjectives of site area and
site frontage standards for residential flat buildings
The objectives of the minimum site area and
frontage standards set by clause 10B are as follows:
(a)
to achieve compatibility between the scale,
density, bulk and landscape character of buildings and allotment
size,
(b)
to provide sufficient space between buildings, to
maximise daylight and sunlight access between buildings, to ensure adequate
space for deep soil landscaping and to preserve view
corridors,
(c)
to prevent permanent barriers to sub-surface
water flows,
(d)
to ensure that there is sufficient land for car
parking on site,
(e)
to encourage consolidation of allotments in
appropriate locations to enable the development of a diversity of dwelling
types.
cll 10A–11AA:
Ins 17.8.2001.
10BSite area and frontage
standards
(1)
A site must not be developed for the purpose of a
residential flat building containing 3 dwellings or fewer unless the width of
the site at the front alignment is 15 metres or more.
Note—
No minimum site area requirements
apply.
(2)
A site must not be developed for the purpose of a
residential flat building containing 4 or more dwellings unless:
(a)
the site area is 930m2 or more,
and
(b)
the width of the allotment at the front alignment
is 21 metres or more.
cll 10A–11AA:
Ins 17.8.2001.
11AAObjectives of floor space
ratio standards
The objectives of the floor space ratio standards
set by clause 11 are as follows:
(a)
to set the maximum density for new
development,
(b)
to control building density, bulk and scale in
all residential and commercial localities in the area in order to achieve the
desired future character objectives of those localities,
(c)
to minimise adverse environmental effect on the
use or enjoyment, or both, of adjoining properties, and
(d)
to relate new development to the existing
character of the surrounding built and natural environment as viewed from the
streetscape, the harbour or any other panoramic viewing
point.
Note—
The maximum permissible floor space ratio is not
“as of right”. To achieve the maximum permissible floor space
ratio, development must satisfy other relevant controls applicable to the land
concerned.
cll 10A–11AA:
Ins 17.8.2001.
11Floor space
ratios
(1)
A building (other than a dwelling-house) shall
not be erected on land to which this plan applies if:
(a)
the floor space ratio would exceed the ratio
indicated for that land on the density map, or
(b)
in the case of 2 floor space ratios being
indicated for that land on the density map, the floor space ratio would exceed
the greater of the 2 ratios.
(2)
If, on the density map, 2 floor space ratios are
indicated for the same land:
(a)
in respect of buildings on land within Zone No 3
(a), the floor space ratio of any part of the building used for residential
purposes shall not exceed the lesser of the 2 floor space ratios,
and
(b)
in respect of buildings on land within Zone No 3
(c), the floor space ratio of any part of the building used for
non-residential purposes shall not exceed the lesser of the 2 floor space
ratios.
(3)
Notwithstanding subclause (1), the floor space
ratio of any building or buildings erected or proposed to be erected on 298,
302, 304, 304A, 306/310, 312/314, 357/359, 365, 376/382, 408/410, 412,
414/420, 422/424, 465/467, 469/473 New South Head Road, Double Bay, 26, 28,
30/36, 40/48, 43, 45A, 49, 55 Bay Street, Double Bay, 1 Guilfoyle Avenue,
Double Bay or 53 Cross Street, Double Bay may exceed the floor space ratio
provided on the density map in respect of the property if:
(a)
the floor space ratio of the building or
buildings does not exceed 3.0:1, and
(b)
the Council consents to the building or buildings
having the floor space ratio.
(4)
The Council may grant consent for the purpose of
subclause (3) (b) if it is satisfied that the building or buildings:
(a)
will enhance the spatial definition of the spaces
they address, and
(b)
will, through articulation and distribution of
massing, create strong corner buildings, and
(c)
appropriately address street geometry,
topography, sight lines and the design of skyline
elements.
(5)
When considering an application for consent to
erect a building or use an existing building within the Double Bay Commercial
Centre, the Council may, for the purpose of determining floor space ratio,
exclude from its calculation of gross floor area the gross floor area of that
part of the building intended to be used for a small professional
theatre.
cl 11: Am 17.11.1995;
6.12.2002.
12AAObjectives of maximum building
height development standards
The objectives of the maximum building height
development standards set by clause 12 are as follows:
(a)
to minimise impact of new development on existing
views of Sydney Harbour, ridgelines, public and private open spaces and views
of the Sydney City skyline,
(b)
to provide compatibility with the adjoining
residential neighbourhood,
(c)
to safeguard visual privacy of interior and
exterior living areas of neighbouring dwellings,
(d)
to minimise detrimental impacts on existing
sunlight access to interior living rooms and exterior open space areas and
minimise overshadowing,
(e)
to maintain the amenity of the public domain by
preserving public views of the harbour and surrounding areas and the special
qualities of streetscapes.
Note—
The maximum permissible building height is not
“as of right”. To achieve the maximum permissible building height,
development must satisfy other relevant controls applicable to the land
concerned.
cl 12AA: Ins
17.8.2001.
12Height of
buildings
(1)
A building shall not be erected on land within a
height zone to a height greater than the maximum height shown on the height
map as applicable to land within that height zone.
(2)
If, on the height map, 2 height limits are
indicated as applying to the land within a height zone:
(a)
the height indicated by the colouring on the
height map shall be the overall height limit for a building for the purpose of
subclause (1), and
(b)
no building or part of a building shall be
erected on land within the height zone to a height greater than the figure
shown bracketed on the height map, above the highest part of the land
(exclusive of any access corridor) or the crown of any road to which the land
has direct frontage, whichever is the higher.
13Community use of certain
facilities
A person may, with the consent of the Council,
use the facilities and sites of schools, colleges or other educational
establishments for:
(a)
community uses, or
(b)
commercial operation of both the facilities and
sites, or
(c)
development for the purpose of community
facilities,
whether or not the development is ancillary to the use
of those facilities and sites for the purposes of schools, colleges, or other
educational establishments.
14Acquisition and development of
land reserved for roads
(1)
This clause applies to land within Zone No 5
shown on the land use map:
(a)
edged with a broken red line and marked with the
letters “a.r.r.” in red signifying arterial roads
reservation—proposed road widening, or
(b)
edged with a broken red line and marked with
letters “l.r.r.” in red, signifying local roads
reservation—proposed road widening.
(2)
The owner of any vacant land referred to in
subclause (1) (a) may, by notice in writing require:
(a)
the RTA—in the case of land that is
included in a 5 year works program of the RTA current at the time of receipt
of the notice, or
(b)
the Corporation—in any other
case,
to acquire the land.
(3)
The owner of any land referred to in subclause
(1) (a) that is not vacant may, by notice in writing, require the RTA to
acquire the land if:
(a)
the land is included in a 5 year work programme
of the RTA current at the time of the receipt of the notice,
or
(b)
the RTA or the Corporation has decided not to
give concurrence under subclause (6) to an application for consent to the
carrying out of development on the land, or
(c)
the RTA is of the opinion that the owner of the
land will suffer hardship if the land is not acquired within a reasonable
time.
(4)
The owner of any land referred to in subclause
(1) (b) may, by notice in writing, require the Council to acquire the
land.
(5)
On receipt of a notice referred to in subclause
(2), (3) or (4), the RTA, the Corporation or the Council, as the case may be,
must acquire the land unless the land might reasonably be required to be
dedicated for public roads.
(6)
Notwithstanding clause 8, a person may, with the
consent of the Council and:
(a)
in the case of land referred to in subclause (1)
(a) which is vacant, with the concurrence of the RTA and the Corporation,
or
(b)
in the case of land referred to in subclause (1)
(a) which is not vacant, with the concurrence of the
RTA,
carry out development:
(c)
for a purpose for which development may be
carried out on land in an adjoining zone, or
(d)
for any purpose which is compatible with
development which may be carried out on land in an adjoining zone,
or
(e)
for any purpose of a temporary
nature.
(7)
In deciding whether to grant concurrence to
proposed development in respect of land referred to in subclause (6), the RTA
and the Corporation must take the following matters into consideration:
(a)
the need to carry out development on the land for
the purposes of classified roads or proposed classified
roads,
(b)
the imminence of acquisition,
and
(c)
the likely additional cost to the RTA or the
Corporation resulting from the carrying out of the proposed
development.
(8)
Notwithstanding clause 8, a person may develop
land referred to in subclause (1) (b) for any purpose, with the consent of the
Council, until that land is acquired by the Council, where the Council is
satisfied that the carrying out of that development will not adversely affect
the usefulness of the land for the purpose of local road
widening.
(9)
Notwithstanding clause 8, land acquired under
this clause may be developed, with the consent of the Council, for any
purpose, until such time as it is required for the purpose for which it was
acquired.
15Acquisition of land reserved
for open space
(1)
This clause applies to land within Zone No
6:
(a)
edged red and marked with the letter
“L” in red signifying land reserved for local open space,
or
(b)
edged red and marked with the letter
“R” in red signifying land reserved for regional open
space.
(2)
The owner of any land referred to in subclause
(1) may, by notice in writing, require:
(a)
in the case of land referred to in subclause (1)
(a), the Council, or
(b)
in the case of land referred to in subclause (1)
(b), the Corporation,
to acquire the land.
(3)
On receipt of a notice under this clause, the
Council or the Corporation, as the case may be, must acquire the land unless
the land is required to be dedicated for public open
space.
16Development of land uncoloured
on the land use map
(1)
This clause applies to all land to which this
plan applies shown uncoloured on the land use map, except land within Zone No
8.
(2)
The development of any land referred to in
subclause (1) may be carried out, but only with the consent of the Council and
only if the Council is of the opinion that the development:
(a)
is compatible with the nature of development
permissible on neighbouring land and the development standards applicable to
development on neighbouring land, and
(b)
is consistent with the objectives of this plan
and the objectives of the zoning applying to neighbouring
land.
(3)
Notwithstanding subclause (2), the development of
any land referred to in subclause (1) by a public authority, or corporation
that was a public authority which has been privatised, for the purposes of the
construction, installation or maintenance of roads, stormwater drainage,
utility installations (other than gas holders or generating works), sewers or
other like purposes or any purpose ordinarily incidental or ancillary to those
purposes may be carried out without the consent of the
Council.
17Development for certain
additional purposes
(1)
Nothing in this plan prevents a person, with the
consent of the Council, from carrying out development on or with respect to
land referred to in Schedule 2 for the purpose specified in relation to that
land in that Schedule, subject to such conditions, if any, as are so
specified.
(2)
Subclause (1) does not affect the application, to
or in respect of development to which that subclause applies, of such of the
provisions of this plan as are consistent with that subclause or with a
consent granted by the Council in respect of the
development.
18Excavation of
land
(1)
When considering an application for consent for
development involving the excavation of any land, the Council shall have
regard to how that excavation may temporarily or permanently affect:
(a)
the amenity of the neighbourhood by way of noise,
vibration, dust or other similar circumstances related to the excavation
process, and
(b)
public safety, and
(c)
vehicle and pedestrian movements,
and
(d)
the heritage significance of any heritage item
that may be affected by the proposed excavation and its setting,
and
(e)
natural landforms and vegetation,
and
(f)
natural water runoff
patterns.
(2)
The Council may decline to grant such a consent
unless it has considered specialist reports, including geotechnical reports,
structural engineering reports, hydrology reports and dilapidation reports of
properties which may be affected by the proposed
excavation.
(3)
Consent for an excavation may be granted when
consent is granted for any other development proposal for the carrying out of
which the excavation is necessary.
cl 18: Subst
22.1.1999.
19Development in the harbour
foreshore scenic protection area
(1)
This clause applies to all land within the
harbour foreshore scenic protection area.
(2)
The Council shall not grant consent to an
application for development on land referred to in subclause (1) unless it has
made an assessment of:
(a)
the visual impact when viewed from Sydney Harbour
of the design of the proposed development, including the colours, textures,
styles and types of materials to be used and the type and form of any roof,
and
(b)
the impact of the proposed development on the
natural landform and topography.
20Provision of public car
parking spaces on certain lands in Double Bay
(1)
This clause applies to:
(a)
part of Lots 1 and 2 DP 211825 and part Lot 1 DP
211826, being land in the vicinity of William Street, Double Bay and
identified by heavy black edging on the land use map,
(b)
part of Lots 1 and 2 DP 211825 and part Lot 1 DP
211826, Lot 1 DP 212187 and Lot 2 DP 212188, being land known as the Woollahra
Council former central depot site, Double Bay,
(c)
Lots 1 and 2 DP 220530, being land known as the
Cross Street Car Park, Double Bay, and
(d)
Lot 81 DP 774685, Lot 9 DP 12264, Lot 1 DP
508776, Lot 1 DP 502206, Lot 1 DP 509113 and Lot 1 DP 507107, being land known
as the Kiaora Lane Car Park, Double Bay.
(2)
Where land referred to in subclause (1) (a) is
developed in conjunction with land referred to in subclause (1) (b) and (c),
the development shall include the provision of not less than 405 public car
parking spaces.
(3)
Any development carried out on or under the land
referred to in subclause (1) (b) and (c) shall include the provision of not
less than 405 public car parking spaces.
(4)
Any development carried out on or under the land
referred to in subclause (1) (d) shall include the provision of not less than
107 public car parking spaces.
(5)
State
Environmental Planning Policy No 1—Development
Standards applies to subclauses (2), (3) and (4) in the
same way as it applies to a development standard.
(6)
The Council, in determining whether or not to
grant consent as referred to in that Policy, and the Director, in determining
whether or not to grant concurrence as referred to in that Policy, are to take
into consideration the object of subclauses (2), (3) and (4) which is to
ensure that there is an adequate provision of public car parking to serve the
Double Bay commercial centre.
21Development at No 9 Cooper
Park Road, Bellevue Hill
(1)
This clause applies to Lot 102, DP 827011, being
land known as No 9 Cooper Park Road, Bellevue Hill.
(2)
Not more than 27 dwellings shall be erected on
the land to which this clause applies.
(3)
State
Environmental Planning Policy No 1—Development
Standards applies to subclause (2) in the same way as it
applies to a development standard.
(4)
The Council, in determining whether or not to
grant consent as referred to in that policy, and the Director, in determining
whether or not to grant concurrence as referred to in that policy, are to take
into consideration the objectives of subclause (2) which are as
follows:
(a)
to control traffic generation and noise
associated within,
(b)
to enable adequate provision of private open
space at ground level,
(c)
to allow a reasonable density of residential
development on the site based on the permissible gross floor
area,
(d)
to enable adequate provision of space for
building setbacks from boundaries for the protection of the amenity, sunlight
access and privacy of adjoining residential
properties.
21ADevelopment at No 59 William
Street, Double Bay
(1)
This clause applies to Lot 1, DP 212187 and Lot
1, DP 212188, being land known as 59 William Street, Double Bay, as shown
edged heavy black on the map marked “Woollahra Local Environmental Plan 1995 (Amendment No
14)”.
(2)
Subject to subclause (3), nothing in this plan
prevents a person, with the consent of the Council, from carrying out
development on the land to which this clause applies for the purpose of the
John Passmore Museum of Art.
(3)
The Council must not grant consent to development
referred to in subclause (2) after the expiration of two years from the day on
which Woollahra Local Environmental Plan 1995 (Amendment No
14) took effect.
(4)
Nothing in subclause (3) prevents the Council
from granting consent to the carrying out of alterations or extensions to, or
the rebuilding of, a building or place being used for a purpose for which
consent has been granted in accordance with this clause.
(5)
In this clause:
John
Passmore Museum of Art means the building at 59 William
Street, Double Bay, in which works of art, being the Passmore Trust collection
and the Wrobel collection of art are stored and displayed, and in which uses
and activities ancillary to its use as a museum and gallery are
accommodated.
cl 21A: Ins
30.10.1998.
21BDevelopment on certain land in
Rose Bay
(1)
This clause applies to Part Lot 1, DP 71950,
being land known as 682–684 New South Head Road, Rose Bay, Lot 1, DP
511807, being land known as 686–690 New South Head Road, Rose Bay, Part
Lot A, DP 157868, being land known as 692 New South Head Road, Rose Bay, Part
Lot B, DP 157868, being land known as 694 New South Head Road, Rose Bay and
Lot 1, DP 784808, being land known as 696–700 New South Head Road, Rose
Bay.
(2)
Notwithstanding clauses 11 (1) and (2) and 12
(1), the floor space ratios and heights of any building or buildings erected
or proposed to be erected on the land referred to in subclause (1) may exceed
the floor space ratios and maximum height that would otherwise apply under
those subclauses in respect of that land if:
(a)
the floor space ratio of the building or
buildings does not exceed 2.25:1, and
(b)
the maximum height of the building or buildings
does not exceed 16 metres, and
(c)
provision, acceptable to the Council, is made for
public open space within the development site, and
(d)
the Council has taken into consideration the
design principles, general guidelines and controls set out in section 6.7.1 of
the Rose Bay Centre Development
Control Plan.
cl 21B: Ins
4.8.2000.
21CDevelopment at part of No 13
Albert Street, Edgecliff
(1)
This clause applies to part Lot 1, DP 932367,
being part of the land known as 13 Albert Street, Edgecliff, as shown with
heavy broken black edging on the map marked “Woollahra Local Environmental Plan 1995 (Amendment No
18)—Land Use Map”.
(2)
Not more than four dwellings may be erected on
the land to which this clause applies.
cl 21C (previously cl
21B): Ins 15.9.2000. Renumbered 2.3.2001.
21DSir David Martin Reserve and
certain adjoining land
(1)
This clause applies to Reserve No 100076, DP
752011, Portions 1141, 1142 and 1628, being land known as Sir David Martin
Reserve, New Beach Road, Darling Point and to the part of the plantation
reserve adjoining Portions 1141 and 1142 of Sir David Martin Reserve, as shown
edged heavy black and by distinctive colouring and marking on the sheets
marked “Woollahra Local
Environmental Plan 1995 (Amendment No
38)”.
(2)
Despite any other provision of this plan, other
than clause 17, a person may, with the consent of the Council, carry out
development of the land to which this clause applies only for a purpose that,
in the opinion of the Council, is consistent with the terms of the reservation
of the land known as Sir David Martin Reserve under the Crown
Lands Act 1989.
(3)
The Council must not grant consent to an
application to carry out development of the land to which this clause applies
unless it has taken into consideration a plan of management for the
land.
cl 21D: Ins
24.1.2003.
22AAObjectives of foreshore
building line standards
The objectives of the foreshore building line
standards set by clause 22 are as follows:
(a)
to retain Sydney Harbour’s natural
shorelines,
(b)
to provide larger foreshore setbacks at the
points and heads of bays in recognition of their visual
prominence,
(c)
to protect significant areas of vegetation and,
where appropriate, provide areas for future planting which will not
detrimentally impact on views of the harbour and its
foreshores,
(d)
to protect the amenity of adjoining lands in
relation to reasonable access to views and sunlight,
(e)
to preserve the rights of property owners to
maintain an encroachment on the foreshore building line by an existing main
building,
(f)
to protect rock platforms and the intertidal
ecology.
cl 22AA: Ins
17.8.2001.
22Foreshore building
lines
(1)
In this clause, foreshore
building line means:
(a)
a line shown on the map marked “Woollahra Local Environmental Plan
1995—Foreshore Building Line Map” as a broken
line with “F.B.L.12m” marked in black letters, being a line which
is taken for the purposes of this clause to be situated 12 metres above the
mean high water mark of the waters of Port Jackson, and
(b)
a line shown on the map marked “Woollahra Local Environmental Plan
1995—Foreshore Building Line Map” as a broken
black line with “F.B.L.30m” marked in black letters, being a line
which is taken for the purposes of this clause to be situated 30 metres above
the mean high water mark of the waters of Port
Jackson.
(2)
Except in accordance with a development consent
referred to in subclause (4), a building shall not be erected between a
foreshore building line referred to in subclause (1) (a) and the mean high
water mark of the waters of Port Jackson.
(3)
In the case of a foreshore building line referred
to in subcaluse (1) (b), a residential flat building shall not be erected
between that building line and the mean high water mark of the waters of Port
Jackson.
(4)
The Council may, after having made an assessment
of the probable aesthetic appearance in relation to the foreshore of the
proposed structure, consent to the erection of any of the following structures
between a foreshore building line and the waters of Port Jackson:
(a)
baths (swimming pools) and ancillary
buildings,
(b)
boat sheds,
(c)
wharves,
(d)
jetties,
(e)
structures or works below or at the surface of
the ground.
(5)
The Council may, by resolution, alter or abolish
any foreshore building line to the extent that it affects a site if the
levels, depth or other exceptional features of the site make it expedient to
do so.
Note—
The precise location of a foreshore building line
can be ascertained by a survey undertaken by a registered
surveyor.
cl 22: Am
4.8.2000.
cl 22, note: Ins
4.8.2000.
23
cl 23: Rep
22.1.1999.
24Land adjoining public open
space
(1)
This clause applies to all land adjoining public
open space.
(2)
The Council shall not grant consent to an
application for development on land which adjoins public open space unless it
has made an assessment of the impact of the development on the amenity of the
public open space and it has taken into consideration whether the development
is in conflict with any plan of management for the public open
space.
25Water, wastewater and
stormwater systems
(1)
The Council must not grant consent to the
carrying out of development on land or subdivision of land to which this plan
applies for the purpose of a habitable building unless it is satisified that
adequate water and sewerage services will be available to the land it is
proposed to develop.
(2)
The Council must not grant consent to the
carrying out of development on land or the subdivision of land to which this
plan applies for any purpose unless it is satisified that adequate provision
has been made for the disposal of stormwater from the land it is proposed to
develop.
25AClassification and
reclassification of public land as operational land
(1)
The public land described in Schedule 4 is
classified, or reclassified, as operational land for the purposes of the
Local Government Act 1993, subject to
this clause.
(2)
The amendments made by the Local Government Amendment
(Community Land Management) Act 1998 to section 30 of the
Local Government Act 1993 do not apply
to the land described in Part 1 of Schedule 4.
(3)
Land described in Part 2 of Schedule 4:
(a)
to the extent (if any) that the land is a public
reserve, does not cease to be a public reserve, and
(b)
continues to be affected by any trusts, estates,
interests, dedications, conditions, restrictions or covenants by which it was
affected before its classification, or reclassification, as operational
land.
(4)
Land described in Columns 1 and 2 of Part 3 of
Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a
public reserve on the commencement of the relevant amending plan and, by the
operation of that plan, is discharged from all trusts, estates, interests,
dedications, conditions, restrictions and covenants affecting the land or any
part of the land except those (if any) specified opposite the land in Column 3
of Part 3 of Schedule 4.
(5)
In this clause, the
relevant amending plan, in relation to land described in
Part 3 of Schedule 4, means the local environmental plan cited at the end of
the description of the land.
(6)
Before the relevant amending plan inserted the
description of land into Part 3 of Schedule 4, the Governor approved of
subclause (4) applying to the land.
cl 25A: Ins
12.6.1998. Subst 13.7.2001.
25BExempt and complying
development
(1)
Development of minimal environmental impact
listed as exempt development in Woollahra Development Control Plan—Exempt and
Complying Development, as approved by the Council on 10
April 2000 is exempt
development, despite any other provision of this
plan.
(2)
Development listed as complying development in
Woollahra Development Control
Plan—Exempt and Complying Development, as approved
by the Council on 10 April 2000 is complying
development if:
(a)
it is local development of a kind that can be
carried out with consent on the land on which it is proposed,
and
(b)
it is not an existing use, as defined in section
106 of the Act.
(3)
Development is exempt or complying development
only if it complies with the development standards and other requirements
applied to the development by Woollahra Development Control Plan—Exempt and
Complying Development, as approved by the Council on 10
April 2000.
(4)
A complying development certificate issued for
any complying development is to be subject to the conditions for the
development specified in Woollahra Development Control Plan—Exempt and
Complying Development, approved by the Council on 10 April
2000, as in force when the certificate is issued.
cl 25B: Ins
22.1.1999. Subst 12.5.2000.
Part 4Heritage
provisions
26Heritage
items
(1)
A person shall not, in respect of a building,
work, relic, place or tree that is a heritage item or that is an item that is
part of a heritage item group:
(a)
demolish or alter the building or work,
or
(b)
damage or move the relic, or excavate for the
purpose of exposing the relic, or
(c)
damage or despoil the place,
or
(d)
damage or move the tree, or
(e)
erect a building on the land that comprises the
place, or
(f)
subdivide the land on which the building, work,
relic or tree is situated or that comprises the place, or
(g)
damage any tree on land on which the building,
work or relic is situated or on the land which comprises the
place,
except with the consent of the
Council.
(2)
The Council shall not grant consent to a
development application required by subclause (1) unless it has taken into
consideration the extent to which the carrying out of the proposed development
would affect the heritage significance of the item and of any heritage item
group of which the item is part and any stylistic or horticultural features of
its setting.
(3)
The Council shall not grant a consent required by
subclause (1) unless it has considered a statement of heritage impact or a
conservation plan or both as may be required by the
Council.
(4)
Notwithstanding subclause (1), a tree that is a
heritage item may be removed in part or in whole, without development consent,
in circumstances where the tree has been damaged by natural events and causes
such as storms, pests and pathogens and, as a result, the tree poses an
immediate threat to the safety of people or property.
cl 26: Am 22.1.1999;
22.6.2001.
27Development in the vicinity of
heritage items, heritage item groups, heritage conservation areas,
archaeological sites or potential archaeological sites
The Council must take into consideration the
likely effect of the proposed development on the heritage significance of a
heritage item, heritage item group, heritage conservation area, archaeological
site or potential archaeological site, and on its setting, when determining an
application for consent to carry out development on land in its
vicinity.
cl 27: Am
22.6.2001.
28Heritage conservation
areas
(1)
A person shall not, in respect of a heritage
conservation area:
(a)
demolish or alter a building or work within the
area,
(b)
damage or move a relic, or excavate for the
purpose of exposing or removing a relic, within the area,
(c)
damage or despoil a place within the area,
or
(d)
erect a building on or subdivide land within the
area,
except with the consent of the
Council.
(2)
The Council shall not grant consent to an
application required by subclause (1) unless it has taken into consideration
the extent to which the carrying out of the proposed development would affect
the heritage significance of the heritage conservation
area.
(3)
The Council shall not grant consent required by
subclause (1) unless it has considered a statement of heritage impact or a
conservation plan or both as may be required by the
Council.
cll 28: Am
22.1.1999.
29Building amalgamation within
heritage conservation areas
(1)
This clause applies to all buildings within a
heritage conservation area which were originally constructed with a
non-residential design, which have a history of non-residential use and which
are considered by the Council to be of heritage
significance.
(2)
In order to retain traditional building
characteristics, the Council may decide not to grant consent to development
involving the expansion of floor space at the ground floor level of a building
to which this clause applies where that expansion involves amalgamation with
adjoining buildings.
30Additional uses within
heritage conservation areas
(1)
This clause applies to all buildings and the
allotments on which they are situated or any parts thereof located within a
heritage conservation area, other than those situated within Zone No 3 (a), 3
(b), 3 (b1) or 3 (c):
(a)
where the whole or part of the building has a
history of a lawfully commenced non-residential use, whether or not that use
was discontinued, abandoned or interrupted, and
(b)
where the whole or part of the building was
originally lawfully constructed with a non-residential design or was lawfully
altered or adapted to a non-residential design.
(2)
Notwithstanding clause 8, the Council may consent
to the use of a building or part thereof, referred to in subclause (1), for
the purpose of commercial premises (not being a brothel), community
facilities, artisans’ studios, educational establishments, public
buildings and shops.
(3)
In addition to the use of a building or part
thereof, the Council may also consent to the use of the allotment on which the
building is situated for any purpose specified in subclause
(2).
(4)
The Council may grant a consent pursuant to this
clause that will result in:
(a)
an increase in the gross floor area of a building
referred to in subclause (1), and
(b)
the use of that increased area for a purpose
specified in subclause (2),
or, where part of a building is used for a purpose
specified in subclause (2), that will result in an increase in the use of the
gross floor area of such a building for the purpose
specified.
(5)
The Council must not grant consent as referred to
in subclause (2) or (4) unless it is satisfied that carrying out development
in accordance with the consent will not adversely affect the heritage
significance of the building, its site, or the heritage conservation area and
will not detrimentally affect the enjoyment by an occupier of any lands
adjoining or adjacent to, or in the neighbourhood of, the lands upon which
such development is proposed.
(6)
The Council must not grant consent as referred to
in subclause (2) or (4) unless it is satisfied that the external architecture
of the building or part thereof:
(a)
is compatible with the external architecture of
other buildings in the vicinity, or
(b)
is, by virtue of the proposal, to be made
compatible with the external architecture of other buildings in the vicinity,
or
(c)
has architectural or historic value of its own
which will be conserved.
cll 30: Am
22.1.1999.
31Development of known or
potential archaeological sites
(1)
The Council may grant consent to the carrying out
of development on an archaeological site that has Aboriginal heritage
significance (such as a site that is the location of an Aboriginal place or a
relic, within the meaning of the National Parks
and Wildlife Act 1974) or a potential archaeological site
that is reasonably likely to have Aboriginal heritage significance only
if:
(a)
it has considered an assessment of how the
proposed development would affect the conservation of the site and any relic
known or reasonably likely to be located at the site prepared in accordance
with any guidelines for the time being notified to it by the Director-General
of National Parks and Wildlife, and
(b)
it has notified the Director-General of its
intention to do so and taken into consideration any comments received from the
Director-General within 28 days after the notice was sent,
and
(c)
it is satisified that any necessary consent or
permission under the National Parks and Wildlife Act
1974 has been granted.
(2)
The Council may grant consent to the carrying out
of development on an archaeological site that has non-Aboriginal heritage or a
potential archaeological site that is reasonably likely to have non-Aboriginal
heritage significance only if:
(a)
it has considered an assessment of how the
proposed development would affect the conservation of the site and any relic
known or reasonably likely to be located at the site prepared in accordance
with any guidelines for the time being notified to it by the Heritage
Council,
(b)
it has notified the Heritage Council of its
intention to do so and taken into consideration any comments received from the
Heritage Council within 28 days after the notice was sent,
and
(c)
it is satisified that any necessary excavation
permit required by the Heritage Act 1977
has been granted.
32Heritage conservation
incentives
(1)
Nothing in this plan prevents the Council from
granting consent to an application for consent to the use, for any purpose, of
a building that is a heritage item or the land on which the building is
erected if it is satisfied that:
(a)
the proposed use would have little or no adverse
effect on the heritage significance of the heritage item or of any heritage
item group of which the item is part and on the amenity of the neighbouring
area, and
(b)
the conservation of the building will be achieved
by the Council granting that consent.
(2)
When considering an application for consent to
erect a building on land on which there is situated a building which is a
heritage item, the Council may:
(a)
for the purpose of determining the floor space
ratio, and
(b)
for the purpose of determining the number of
parking spaces to be provided on the site,
exclude from its calculation of the gross floor area of
the buildings erected on the land the gross floor area of the heritage item,
but only if the Council is satisfied that the conservation of the heritage
item and of any heritage item group of which the item is part will be achieved
by the Council granting the exclusion.
cll 32: Am
22.6.2001.
33Heritage
notifications
(1)
Where a person makes an application for consent
to demolish a building or work that is a heritage item, the Council shall not
grant consent to that application unless:
(a)
the Council has notified the Heritage Council of
its intention to grant consent, and
(b)
the Council has taken into consideration any
objection made by the Heritage Council not later than 28 days after the
Council has notified the Heritage Council of the Council’s intention to
grant consent.
(2)
Subclause (1) does not apply to the partial
demolition of a heritage item if, in the opinion of the Council, the partial
demolition will be of a minor nature and will not adversely affect the
heritage significance of the heritage item or of any heritage item group of
which the item is part, in relation to the environmental heritage of the
Woollahra area.
cll 33: Am
22.6.2001.
34Development at Macquarie
Lightstation, Vaucluse
(1)
This clause applies to Lots 1, 4, 5 and 6, DP
801240, and Lots 1 and 2 DP 811578, being land known as the Macquarie
Lightstation site, Old South Head Road, Vaucluse.
(2)
The Council shall not grant consent to an
application to carry out development on land referred to in subclause (1)
unless it has taken into consideration a plan of management for the
land.
35Development at No 188 Oxford
Street, Paddington
(1)
This clause applies to Lot 1, DP 819165, being
land known as No 188 Oxford Street, Paddington.
(2)
The aggregate floor space ratio of all buildings
erected on all of the land to which this clause applies that is within Zone No
2 (a), 2 (b) or 3 (c) shall not exceed the floor space ratio shown opposite
that zone in the following table:
Zone
Floor space
ratio
Residential
“A”
1.04:1
Residential
“B”
1.42:1
Neighbourhood Business “C”
1.68:1
(3)
In considering any development application, the
Council shall take into account the recommendations of any conservation plan
for this site which has been endorsed by the Heritage
Council.
(4)
For the purpose of this clause, aggregate
floor space ratio, in relation to a zone, means the ratio of
the total gross floor area of all buildings erected on land within a zone to
the total area of land comprised in that zone.
cl 35: Ins
24.1.1997.
36Development at No 103 Darling
Point Road, Darling Point
(1)
This clause applies to Lots B, C and E, DP 30568,
being the land known as No 103 Darling Point Road, Darling
Point.
(2)
The Council must not grant consent to a
development application (other than a comprehensive development application)
relating to land to which this clause applies unless there is in force a
development consent for a comprehensive development application and the
Council has taken that development consent into
consideration.
(3)
A comprehensive development application required
by this clause is a development application that makes development proposals
relating to the whole of the land to which this clause
applies.
(4)
The Council must not grant consent to a
comprehensive development application required by this clause unless the
Council is satisfied that adequate arrangements are in place for:
(i)
the funding and implementation of conservation
works, and
(ii)
provisions for ongoing
maintenance,
to ensure the ongoing conservation of Babworth House and
its State Heritage Register curtilage which includes the
garden.
(5)
If the Council gives notice of a development
application relating to land which this clause applies to a panel of expert
independent professionals selected by the Council for the purpose of obtaining
advice on heritage conservation, building design or other matters that the
Council considers appropriate, the Council must not grant consent to the
development application unless it has taken into consideration any comments
received, within 28 days after the giving of the notice, from members of the
panel.
(6)
In any case, the Council must not grant consent
to a development application relating to land to which this clause applies
unless, in considering the application, the Council has taken into account the
recommendations of any conservation plan for the land to which this clause
applies that has been approved by the Council.
(7)
However, the Council is not obliged to comply
with subclauses (2) and (6) if it is satisfied that the proposed development
is of a minor nature and will not adversely affect the heritage significance
of the land to which this clause applies.
(8)
A building is not to be erected on the land to
which this clause applies to a height greater than 9.5
metres.
(9)
Not more than 10 dwellings are to be erected on
the land to which this clause applies (exclusive of any dwellings that may be
provided within the building known as Babworth House).
(10)
In particular, the Council must not grant consent
to the subdivision of the building known as Babworth House unless it has taken
into consideration:
(a)
a conservation plan for that building that
includes a detailed record of its fabric and internal spaces and the
significance of that fabric and those spaces, and
(b)
a statement of the heritage impact of the works
associated within the proposed subdivision,
and the Council is satisfied that the works associated
with the proposed subdivision will not have a detrimental impact on the
heritage significance of the building.
(11)
The Council must not grant consent to a
development application relating to land to which this clause applies unless
it has taken into consideration the Babworth House Development Control Plan
approved by the Council on 15 June 1999.
cl 36: Ins
19.11.1999.
37Savings and transitional
provisions
(1)
A development application lodged with the
Council, but not finally determined, before the commencement of Woollahra
Local Environmental Plan 1995 (Amendment No 32) is to be
determined as if that plan had been exhibited but had not been
made.
(2)
An application to modify a consent under section
96 of the Act that was lodged but not finally determined before the
commencement of Woollahra Local Environmental Plan 1995 (Amendment No
32) is to be determined as if that plan had been exhibited
but had not been made.
(3)
In relation to certain land at Bellevue Hill, as
shown edged heavy black on Sheets 1 and 2 of the map marked “Woollahra Local Environmental Plan 1995
(Amendment No 43)—Density Map” and on the map
marked “Woollahra Local
Environmental Plan 1995 (Amendment No 43)—Height
Map”:
(a)
any development application lodged with the
Council, but not finally determined, before the commencement of Woollahra
Local Environmental Plan 1995 (Amendment No 43) (the
amending plan) is to be determined as if the amending plan
had been exhibited but had not been made, and
(b)
any application to modify a consent under section
96 of the Act lodged with the Council, but not finally determined, before the
commencement of the amending plan is to be determined as if the amending plan
had been exhibited but had not been made.
cl 37: Ins 17.8.2001.
Am 6.6.2003.