Land
Use Table
Note—
A type of development referred to in the Land Use
Table is a reference to that type of development only to the extent it is not
regulated by an applicable State environmental planning policy. The following
State environmental planning policies in particular may be relevant to
development on land to which this Plan applies:
State
Environmental Planning Policy (Affordable Rental Housing)
2009 (including provision for secondary
dwellings)
State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) 2004
State
Environmental Planning Policy (Infrastructure)
2007—relating to infrastructure facilities such as
those that comprise, or are for, air transport, correction, education,
electricity generating works and solar energy systems, health services, ports,
railways, roads, waste management and water supply systems
State
Environmental Planning Policy (Mining, Petroleum Production and Extractive
Industries) 2007
State
Environmental Planning Policy (Rural Lands)
2008
State
Environmental Planning Policy No 33—Hazardous and Offensive
Development
State
Environmental Planning Policy No 50—Canal Estate
Development
State
Environmental Planning Policy No 62—Sustainable
Aquaculture
State
Environmental Planning Policy No 64—Advertising and
Signage
Land Use tbl: Am 2017
(493), Sch 1.1 [1] [2].
Zone R2Low Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a low density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To accommodate development that is compatible
with the scale and character of the surrounding residential
development.
•
To retain and enhance residential amenity,
including views, solar access, aural and visual privacy, and landscape
quality.
•
To retain the heritage values of particular
localities and places.
•
To encourage self sufficiency with respect to
energy and food supply.
2Permitted without
consent
Home occupations
3Permitted with
consent
Bed and breakfast accommodation; Boarding houses;
Centre-based child care facilities; Community facilities; Dual occupancies;
Dwelling houses; Group homes; Home-based child care; Home businesses; Home
industries; Recreation areas; Respite day care centres;
Roads
4Prohibited
Any development not specified in item 2 or
3
Zone R3Medium Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To accommodate development that is compatible
with the scale and character of the surrounding residential
development.
•
To allow for increased residential density in
accessible locations, while minimising the potential for adverse impacts of
such increased density on the efficiency and safety of the road
network.
•
To encourage innovative design in providing a
comfortable and sustainable living environment that also has regard to solar
access, privacy, noise, views, vehicular access, parking and
landscaping.
2Permitted without
consent
Nil
3Permitted with
consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Community facilities; Group homes; Home businesses;
Home occupations; Multi dwelling housing; Neighbourhood shops; Places of
public worship; Recreation areas; Residential flat buildings; Respite day care
centres; Roads; Seniors housing
4Prohibited
Any development not specified in item 2 or
3
Zone R4High Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a high density residential environment.
•
To provide a variety of housing types within a
high density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To allow for increased residential density in
accessible locations, while minimising the potential for adverse impacts of
such increased density on the efficiency and safety of the road
network.
•
To encourage innovative design in providing a
comfortable and sustainable living environment that also has regard to solar
access, privacy, noise, views, vehicular access, parking and
landscaping.
2Permitted without
consent
Nil
3Permitted with
consent
Boarding houses; Centre-based child care
facilities; Community facilities; Home businesses; Home occupations;
Neighbourhood shops; Places of public worship; Recreation areas; Residential
flat buildings; Respite day care centres; Roads; Shop top
housing
4Prohibited
Any development not specified in item 2 or
3
Zone B1Neighbourhood
Centre
1Objectives of
zone
•
To provide a range of small-scale retail,
business and community uses that serve the needs of people who live or work in
the surrounding neighbourhood.
•
To minimise the effect of business uses on the
amenity of adjacent areas having regard to building design, operation and
activities, traffic generation and the car parking capacity of local
roads.
2Permitted without
consent
Nil
3Permitted with
consent
Boarding houses; Building identification signs;
Business identification signs; Business premises; Centre-based child care
facilities; Community facilities; Medical centres; Neighbourhood shops;
Respite day care centres; Restaurants or cafes; Roads; Shop top housing;
Shops; Take away food and drink premises; Any other development not specified
in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Electricity generating works; Entertainment
facilities; Environmental facilities; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Function centres; Health services facilities; Heavy industrial storage
establishments; Helipads; Highway service centres; Home occupations (sex
services); Industrial retail outlets; Industrial training facilities;
Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger
transport facilities; Port facilities; Recreation facilities (major);
Registered clubs; Research stations; Residential accommodation; Resource
recovery facilities; Restricted premises; Retail premises; Rural industries;
Service stations; Sewage treatment plants; Sex services premises; Signage;
Storage premises; Tourist and visitor accommodation; Transport depots; Truck
depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary
hospitals; Warehouse or distribution centres; Waste disposal facilities; Water
recycling facilities; Water supply systems; Wharf or boating facilities;
Wholesale supplies
Zone B2Local
Centre
1Objectives of
zone
•
To provide a range of retail, business,
entertainment and community uses that serve the needs of people who live in,
work in and visit the local area.
•
To encourage employment opportunities in
accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To enhance the viability, vitality and amenity of
local centres.
2Permitted without
consent
Nil
3Permitted with
consent
Boarding houses; Building identification signs;
Business identification signs; Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Information and education facilities; Medical
centres; Passenger transport facilities; Recreation facilities (indoor);
Registered clubs; Respite day care centres; Restricted premises; Roads;
Service stations; Shop top housing; Tourist and visitor accommodation; Any
other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Electricity generating works; Environmental
facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm
buildings; Forestry; Freight transport facilities; Heavy industrial storage
establishments; Helipads; Highway service centres; Home occupations (sex
services); Industrial retail outlets; Industrial training facilities;
Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Port
facilities; Recreation facilities (major); Research stations; Residential
accommodation; Resource recovery facilities; Rural industries; Sewage
treatment plants; Signage; Storage premises; Transport depots; Truck depots;
Vehicle body repair workshops; Vehicle repair stations; Warehouse or
distribution centres; Waste disposal facilities; Water recycling facilities;
Water supply systems; Wharf or boating facilities; Wholesale
supplies
Zone B3Commercial
Core
1Objectives of
zone
•
To provide a wide range of retail, business,
office, entertainment, community and other suitable land uses that serve the
needs of the local and wider community.
•
To encourage appropriate employment opportunities
in accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To support the role of St Leonards as a
specialised centre providing health, research and education
facilities.
•
To strengthen the role of Chatswood as a major
centre for the inner north sub-region and to improve its public domain and
pedestrian links.
•
To protect and encourage safe and accessible city
blocks by providing active land uses on street and pedestrian
frontages.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Business
identification signs; Centre-based child care facilities; Commercial premises;
Community facilities; Educational establishments; Entertainment facilities;
Function centres; Hotel or motel accommodation; Information and education
facilities; Medical centres; Passenger transport facilities; Recreation
facilities (indoor); Registered clubs; Respite day care centres; Restricted
premises; Roads; Serviced apartments; Any other development not specified in
item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Electricity generating works; Environmental
facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm
buildings; Forestry; Freight transport facilities; Heavy industrial storage
establishments; Helipads; Highway service centres; Home occupations (sex
services); Industrial retail outlets; Industrial training facilities;
Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Port
facilities; Recreation facilities (major); Research stations; Residential
accommodation; Resource recovery facilities; Rural industries; Service
stations; Sewage treatment plants; Signage; Storage premises; Tourist and
visitor accommodation; Transport depots; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or
distribution centres; Waste disposal facilities; Water recycling facilities;
Water supply systems; Wharf or boating facilities; Wholesale
supplies
Zone B4Mixed
Use
1Objectives of
zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
•
To allow for city living on the edges of the city
centre of Chatswood, which supports public transport use, shopping, business
and recreational services that contribute to the vitality of the centre,
without undermining its commercial role.
2Permitted without
consent
Nil
3Permitted with
consent
Boarding houses; Building identification signs;
Business identification signs; Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Hotel or motel accommodation; Information and
education facilities; Medical centres; Passenger transport facilities;
Recreation facilities (indoor); Registered clubs; Respite day care centres;
Restricted premises; Roads; Seniors housing; Serviced apartments; Shop top
housing; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist
facilities; Electricity generating works; Environmental facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Forestry;
Freight transport facilities; Heavy industrial storage establishments;
Helipads; Highway service centres; Home occupations (sex services); Industrial
retail outlets; Industrial training facilities; Industries; Marinas; Mooring
pens; Mortuaries; Open cut mining; Port facilities; Recreation facilities
(major); Research stations; Residential accommodation; Resource recovery
facilities; Rural industries; Service stations; Sewage treatment plants; Sex
services premises; Signage; Storage premises; Tourist and visitor
accommodation; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals; Waste disposal facilities;
Water recycling facilities; Water supply systems; Wharf or boating facilities;
Wholesale supplies
Zone B5Business
Development
1Objectives of
zone
•
To enable a mix of business and warehouse uses,
and bulky goods premises that require a large floor area, in locations that
are close to, and that support the viability of, centres.
•
To accommodate businesses, provided that their
access needs and the traffic generated does not interfere with the safety and
efficiency of the road network.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Bulky goods
premises; Business identification signs; Centre-based child care facilities;
Garden centres; Hardware and building supplies; Hotel or motel accommodation;
Landscaping material supplies; Neighbourhood shops; Passenger transport
facilities; Respite day care centres; Restaurants or cafes; Roads; Shop top
housing; Vehicle sales or hire premises; Warehouse or distribution centres;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Electricity generating works; Entertainment
facilities; Environmental facilities; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Function centres; Heavy industrial storage establishments; Helipads; Highway
service centres; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries;
Open cut mining; Port facilities; Recreation facilities (major); Registered
clubs; Research stations; Residential accommodation; Resource recovery
facilities; Restricted premises; Retail premises; Rural industries; Sewage
treatment plants; Sex services premises; Signage; Storage premises; Tourist
and visitor accommodation; Transport depots; Truck depots; Vehicle body repair
workshops; Veterinary hospitals; Waste disposal facilities; Water recycling
facilities; Water supply systems; Wharf or boating facilities; Wholesale
supplies
Zone B7Business
Park
1Objectives of
zone
•
To provide a range of office and light industrial
uses.
•
To encourage employment
opportunities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To ensure that the access needs and traffic
generated by uses do not interfere with the safety and efficiency of the road
network.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Business
identification signs; Centre-based child care facilities; Garden centres;
Hardware and building supplies; Hotel or motel accommodation; Light
industries; Neighbourhood shops; Office premises; Passenger transport
facilities; Respite day care centres; Roads; Take away food and drink
premises; Vehicle sales or hire premises; Warehouse or distribution centres;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Electricity generating works; Entertainment
facilities; Environmental facilities; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Function centres; Heavy industrial storage establishments; Helipads; Highway
service centres; Home occupations (sex services); Industrial retail outlets;
Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Port
facilities; Recreation facilities (major); Registered clubs; Research
stations; Residential accommodation; Resource recovery facilities; Restricted
premises; Retail premises; Rural industries; Sewage treatment plants; Sex
services premises; Signage; Tourist and visitor accommodation; Transport
depots; Truck depots; Vehicle body repair workshops; Veterinary hospitals;
Waste disposal facilities; Water recycling facilities; Water supply systems;
Wharf or boating facilities; Wholesale supplies
Zone IN1General
Industrial
1Objectives of
zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
•
To identify and preserve industrial land to meet
the current and future general industrial needs of Willoughby and the wider
region.
•
To accommodate industrial development that
provides employment and a range of goods and services without adversely
affecting the amenity, health or safety of residents in adjacent
areas.
•
To permit land uses that serve the daily
convenience needs of workers employed in the industrial
area.
•
To protect the viability of business zones in
Willoughby by enabling development for the purpose of offices if they are
ancillary to, and used in conjunction with, industrial, manufacturing,
warehousing or other permitted uses on the same land.
•
To improve the environmental quality of
Willoughby by ensuring that land uses conform to land, air and water quality
pollution standards and environmental and hazard reduction
guidelines.
•
To accommodate uses that, because of demonstrated
special building or site requirements or operational characteristics, cannot
be, or are inappropriate to be, located in other
zones.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Business
identification signs; Depots; Freight transport facilities; Garden centres;
General Industries; Hardware and building supplies; Industrial training
facilities; Light industries; Neighbourhood shops; Places of public worship;
Pubs; Roads; Take away food and drink premises; Vehicle sales or hire
premises; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Commercial premises; Correctional
centres; Crematoria; Eco-tourist facilities; Educational establishments;
Entertainment facilities; Environmental facilities; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Function
centres; Health services facilities; Heavy industrial storage establishments;
Heavy industries; Helipads; Highway service centres; Home occupations (sex
services); Industrial retail outlets; Information and education facilities;
Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger transport
facilities; Port facilities; Recreation facilities (major); Registered clubs;
Research stations; Residential accommodation; Restricted premises; Rural
industries; Sewage treatment plants; Signage; Tourist and visitor
accommodation; Veterinary hospitals; Water recycling facilities; Water supply
systems; Wharf or boating facilities; Wholesale
supplies
Zone IN2Light
Industrial
1Objectives of
zone
•
To provide a wide range of light industrial,
warehouse and related land uses.
•
To encourage employment opportunities and to
support the viability of centres.
•
To minimise any adverse effect of industry on
other land uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To support and protect industrial land for
industrial uses.
•
To identify and preserve industrial land to meet
the current and future light industrial needs of Willoughby and the wider
region.
•
To accommodate industrial development that
provides employment and a range of goods and services without adversely
affecting the amenity, health or safety of residents in adjacent
areas.
•
To protect the viability of business zones in
Willoughby by enabling development for the purposes of offices if they are
used in conjunction with industrial, manufacturing, warehousing or other
permitted uses on the same land.
•
To improve the environmental quality of
Willoughby by ensuring that land uses conform to land, air and water quality
pollution standards and environmental and hazard reduction
guidelines.
•
To accommodate uses that, because of demonstrated
special building or site requirements or operational characteristics, cannot
be or are inappropriate to be located in other
zones.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Business
identification signs; Depots; Garden centres; Hardware and building supplies;
Industrial training facilities; Light industries; Neighbourhood shops; Places
of public worship; Pubs; Roads; Take away food and drink premises; Timber
yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any
other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Commercial premises; Correctional
centres; Crematoria; Educational establishments; Entertainment facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Function
centres; Health services facilities; Heavy industrial storage establishments;
Helipads; Highway service centres; Home occupations (sex services); Industrial
retail outlets; Industries; Information and education facilities; Marinas;
Mortuaries; Open cut mining; Passenger transport facilities; Port facilities;
Recreation facilities (major); Registered clubs; Research stations;
Residential accommodation; Restricted premises; Rural industries; Sewage
treatment plants; Signage; Tourist and visitor accommodation; Transport
depots; Truck depots; Water recycling facilities; Water supply systems; Wharf
or boating facilities; Wholesale supplies
Zone SP1Special
Activities
1Objectives of
zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
2Permitted without
consent
Nil
3Permitted with
consent
The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP2Infrastructure
1Objectives of
zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
•
To provide for classified
roads.
2Permitted without
consent
Nil
3Permitted with
consent
Roads; The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public
Recreation
1Objectives of
zone
•
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.
•
To protect and enhance areas of ecological,
scientific, cultural or aesthetic value.
•
To maintain and provide visual open space links
to a diversity of public and private spaces and facilities as an integral part
of the open space system.
•
To provide adequate open space areas to meet the
existing and future needs of the residents of
Willoughby.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Centre-based child care facilities; Community
facilities; Environmental facilities; Kiosks; Recreation areas; Recreation
facilities (indoor); Recreation facilities (outdoor); Respite day care
centres; Restaurants or cafes; Roads
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private
Recreation
1Objectives of
zone
•
To enable land to be used for private 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.
•
To minimise the potential for adverse effects
from new development on the amenity of the
locality.
2Permitted without
consent
Nil
3Permitted with
consent
Centre-based child care facilities; Community
facilities; Environmental facilities; Environmental protection works; Kiosks;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Registered clubs; Respite day care centres;
Roads
4Prohibited
Any development not specified in item 2 or
3
Zone E1National Parks and Nature
Reserves
1Objectives of
zone
•
To enable the management and appropriate use of
land that is reserved under the National Parks
and Wildlife Act 1974 or that is acquired under Part 11 of
that Act.
•
To enable uses authorised under the National Parks and Wildlife Act
1974.
•
To identify land that is to be reserved under the
National Parks and Wildlife Act 1974 and
to protect the environmental significance of that
land.
2Permitted without
consent
Uses authorised under the National Parks and Wildlife Act
1974
3Permitted with
consent
Nil
4Prohibited
Any development not specified in item 2 or
3
Zone E2Environmental
Conservation
1Objectives of
zone
•
To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage
or otherwise have an adverse effect on those values.
•
To conserve native plant and animal species
through the maintenance of suitable habitats.
•
To contribute to the scenic quality of
Willoughby, including the foreshore.
2Permitted without
consent
Nil
3Permitted with
consent
Environmental facilities; Environmental
protection works; Roads
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Recreation facilities (major); Residential
flat buildings; Restricted premises; Retail premises; Seniors housing; Service
stations; Warehouse or distribution centres; Any other development not
specified in item 2 or 3
Zone E4Environmental
Living
1Objectives of
zone
•
To provide for low-impact residential development
in areas with special ecological, scientific or aesthetic
values.
•
To ensure that residential development does not
have an adverse effect on those values.
•
To ensure that development preserves and enhances
the natural features and bushland within the immediate locality (including
natural vegetation, geological features, drainage patterns, the water table
and the relationship of development to the natural topography) and does not
increase bush fire hazard potential.
•
To maintain the scale, character and streetscape
of individual localities.
•
To retain and enhance residential amenity,
including views, solar access, aural and visual privacy, foreshore setting,
landscape quality and heritage value.
2Permitted without
consent
Home occupations
3Permitted with
consent
Bed and breakfast accommodation; Dual
occupancies; Dwelling houses; Environmental protection works; Home-based child
care; Home businesses; Roads; Secondary dwellings
4Prohibited
Industries; Service stations; Warehouse or
distribution centres; Any other development not specified in item 2 or
3
Part 4Principal development
standards
4.1Minimum subdivision lot
size
(1)
The objectives of this clause are as
follows:
(a)
to retain the pattern of subdivision in low
density residential and environmental living zones,
(b)
to ensure lots have sufficient area for the
effective siting of development in order to achieve a good relationship with
adjoining dwellings and to provide adequate space for landscaped open space,
drainage, parking, residential amenity and other services,
(c)
to require larger lots along the foreshore or
where the topography or other natural features of a site limit its subdivision
potential,
(d)
to ensure that subdivision does not cause
fragmentation of sites that limits potential future uses or redevelopment in
accordance with the zone objectives.
(2)
This clause applies to a subdivision of any land
shown on the Lot Size Map that requires development
consent and that is carried out after the commencement of this
Plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies is not to be less than the minimum size
shown on the Lot Size Map in relation to that
land.
(3A)
If a lot is a battle-axe lot or other lot with an
access handle, the area of the access handle is not to be included in
calculating the lot size.
(4)
This clause does not apply in relation to the
subdivision of individual lots in a strata plan or community title
scheme.
4.1AAMinimum subdivision lot size
for community title schemes
[Not adopted]
4.1AMinimum subdivision lot size
for strata plan schemes in Zone B3
(1)
The objective of this clause is to ensure that
the land to which this clause applies is not fragmented by subdivision that
would adversely impact the tenancy mix and long-term potential of commercial
properties for redevelopment.
(2)
This clause applies to land in Zone B3 Commercial
Core in the Chatswood central business district, identified as “Area
1” on the Lot Size Map.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies under the Strata Schemes
(Freehold Development) Act 1973 (other than any lot
comprising common property within the meaning of that Act) is not to be less
than the minimum size shown on the Lot Size
Map in relation to that land.
Note—
Part 6 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008 provides that strata subdivision of a building in
certain circumstances is specified complying
development.
cl 4.1A: Am 2017
(327), Sch 1 [2]. Renumbered as cl 4.1C, 2017 (327), Sch 1 [3]. Ins 2017
(327), Sch 1 [4].
4.1BMinimum subdivision lot size
for shop top housing
(1)
Despite clause 4.1, development consent may be
granted for the subdivision of shop top housing on a lot:
(a)
on which development for the purpose of shop top
housing is permitted under Schedule 1, and
(b)
that comprises land identified as “Area
1” on the Lot Size Map,
even if the size of any or all lots resulting from the
subdivision is less than the minimum size shown on the Lot Size
Map in relation to that land.
(2)
For the avoidance of doubt, the minimum size
shown on the Lot Size Map in relation to that lot
continues to apply to the subdivision of the premises on the ground floor and
any other floor that does not contain shop top housing on that
lot.
cl 4.1B: Am 2017
(327), Sch 1 [5].
4.1CMinimum subdivision lot size
for dual occupancies
(1)
Development consent may be granted to the
subdivision of a lot on which there is a dual occupancy if:
(a)
the lot is not a lot in the area identified as
“Area 1” on the Dual Occupancy Restriction Map,
and
(b)
the area of each lot resulting from the
subdivision is at least 350 square metres, and
(c)
each of the resulting lots will have one of the
dwellings on it, and
(d)
the floor space ratio of each dwelling does not
exceed:
(i)
0.4:1, or
(ii)
any floor space ratio specified under clause 4.4A
for a building on the lot,
whichever is the lesser, and
(e)
a final occupation certificate was issued for the
dual occupancy at least 5 years before the development consent is
granted.
(2)
To avoid doubt, this clause does not affect the
right to subdivide a dual occupancy under clause 4.1.
cl 4.1C (previously cl
4.1A): Renumbered 2017 (327), Sch 1 [3].
4.2Rural
subdivision
[Not applicable]
4.3Height of
buildings
(1)
The objectives of this clause are as
follows:
(a)
to ensure that new development is in harmony with
the bulk and scale of surrounding buildings and the
streetscape,
(b)
to minimise the impacts of new development on
adjoining or nearby properties from disruption of views, loss of privacy,
overshadowing or visual intrusion,
(c)
to ensure a high visual quality of the
development when viewed from adjoining properties, the street, waterways,
public reserves or foreshores,
(d)
to minimise disruption to existing views or to
achieve reasonable view sharing from adjacent developments or from public open
spaces with the height and bulk of the development,
(e)
to set upper limits for the height of buildings
that are consistent with the redevelopment potential of the relevant land
given other development restrictions, such as floor space and
landscaping,
(f)
to use maximum height limits to assist in
responding to the current and desired future character of the
locality,
(g)
to reinforce the primary character and land use
of the city centre of Chatswood with the area west of the North Shore Rail
Line, being the commercial office core of Chatswood, and the area east of the
North Shore Rail Line, being the retail shopping core of
Chatswood,
(h)
to achieve transitions in building scale from
higher intensity business and retail centres to surrounding residential
areas.
(2)
The height of a building on any land is not to
exceed the maximum height shown for the land on the Height of Buildings
Map.
4.3AExceptions to height of
buildings
(1)
The height of a building on land in Zone E4
Environmental Living in Northbridge that is identified as “Area 1”
on the Height
of Buildings Map must not exceed:
(a)
a height that is equal to 3.5 metres above ground
level (existing) at the highest point of the land where the land adjoins the
street frontage, and
(b)
10 metres above ground level (existing) at any
other point of the land.
(2)
The height of a building on land in Herbert
Street, St Leonards that is identified as “Area 2” on the Height of Buildings
Map must not exceed RL 105 Australian Height Datum, except
for the following:
(a)
if the building is on the area that is, or was,
occupied by the former substation brick building—the height of the
building must not exceed RL 98 Australian Height Datum,
(b)
if the former substation brick building is
retained for adaptation—the height of the building on land at 13 Herbert
Street, St Leonards, being the land containing building 3 as identified on SP
66951, must not exceed RL 130 Australian Height Datum,
(c)
if the former substation brick building is
retained for adaptation—the height of the building on land at 7 or 9
Herbert Street, St Leonards, being the land containing buildings 1 and 2 as
identified on SP 69609, must not exceed RL 140 Australian Height
Datum.
(3)
Subject to subclause (4), the height of a
building on land in Victoria Avenue, Chatswood that is identified as
“Area 3” on the Height of Buildings Map must not exceed,
for the first 1 metre of the building back from the road frontage, 7 metres
above ground level (existing) at the centre point of the lot boundary where it
adjoins the road frontage.
(4)
If the building is on the northern side of
Victoria Avenue, Chatswood on land that is identified as “Area 3”
on the Height
of Buildings Map, any part of the building that is more
than 1 metre back from the road frontage and higher than 7 metres above ground
level (existing) at the centre point of the lot boundary where it adjoins the
road frontage must be set back to conform to the sun plane angle at mid-winter
between 12.00 pm and 2.00 pm.
(5)
The height of a dual occupancy (detached) must
not exceed 5.7 metres if:
(a)
there is an existing dwelling house on the lot,
or
(b)
the dual occupancy is the furthest from the
street frontage, or
(c)
in relation to a corner lot—the dual
occupancy is the furthest from the junction of the two
streets.
(6)
The height of a secondary dwelling must not
exceed 5.7 metres if it is separate from the principal
dwelling.
(7)
The height of a building on land in the foreshore
area must not exceed 3.5 metres above ground level (existing) on any part of
the lot.
(8)
Development consent must not be granted to the
erection of a building within 50 metres of The Concourse, Garden of
Remembrance, Chatswood Park and Oval, Chatswood Mall and the Angophora
costata on the Chatswood Police Station site if the development would
cause increased overshadowing impacts on the space used by the public, or the
tree canopy in the case of the Angophora costata, at mid-winter between
12.00 pm and 2.00 pm.
cl 4.3A: Am 2017
(327), Sch 1 [6].
4.4Floor space
ratio
(1)
The objectives of this clause are as
follows:
(a)
to limit the intensity of development to which
the controls apply so that it will be carried out in accordance with the
environmental capacity of the land and the zone objectives for the
land,
(b)
to limit traffic generation as a result of that
development,
(c)
to minimise the impacts of new development on
adjoining or nearby properties from disruption of views, loss of privacy,
overshadowing or visual intrusion,
(d)
to manage the bulk and scale of that development
to suit the land use purpose and objectives of the zone,
(e)
to permit higher density development at transport
nodal points,
(f)
to allow growth for a mix of retail, business and
commercial purposes consistent with Chatswood’s sub-regional retail and
business service, employment, entertainment and cultural roles while
conserving the compactness of the city centre of
Chatswood,
(g)
to reinforce the primary character and land use
of the city centre of Chatswood with the area west of the North Shore Rail
Line, being the commercial office core of Chatswood, and the area east of the
North Shore Rail Line, being the retail shopping core of
Chatswood,
(h)
to provide functional and accessible open spaces
with good sunlight access during key usage times and provide for passive and
active enjoyment by workers, residents and visitors to the city centre of
Chatswood,
(i)
to achieve transitions in building scale and
density from the higher intensity business and retail centres to surrounding
residential areas,
(j)
to encourage the consolidation of certain land
for redevelopment,
(k)
to encourage the provision of community
facilities and affordable housing and the conservation of heritage items by
permitting additional gross floor area for these land
uses.
(2)
The maximum floor space ratio for a building on
any land is not to exceed the floor space ratio shown for the land on the
Floor Space
Ratio Map.
(2A)
Despite subclause (2):
(a)
the maximum floor space ratio for a building on
land in Zone R2 Low Density Residential or Zone E4 Environmental Living is to
be determined as if the area of the access laneway of a battle-axe lot were
not part of the area of the lot, and
(b)
any part of the floor area of a building
that:
(i)
is to be used for community facilities or
affordable housing purposes, or
(ii)
is a heritage item,
is taken not to be part of the gross floor area of the
building for determining the maximum floor space ratio of the
building.
(2B)
Subclause (2A) (b) does not apply unless the
consent authority is satisfied that:
(a)
the building will not cause adverse impacts on
adjoining land in terms of overshadowing, privacy, bulk and scale,
and
(b)
the conservation of any heritage item and its
setting will be achieved.
(2C)
Subclause (2A) (b) (i) does not apply in respect
of a building used for affordable housing purposes if the erection of the
building is consistent with Division 1 of Part 2 of State
Environmental Planning Policy (Affordable Rental Housing)
2009.
4.4AExceptions to floor space
ratio
(1)
The maximum floor space ratio for all buildings
on a lot in Zone R2 Low Density Residential in the area identified as
“Area 1” on the Floor Space Ratio Map, the total area of
which is specified in Column 1 of the Table to this subclause, is the floor
space ratio specified opposite that area in Column 2 of that
Table.
Maximum floor space ratio for
Zone R2 in Area 1
Column
1
Column
2
Site area
(square metres)
Floor space
ratio (:1)
Under
200
0.65
200–300
0.55
301–400
0.50
401–500
0.47
501–600
0.45
601–700
0.43
701–800
0.41
Over
800
0.40
(2)
The maximum floor space ratio for all buildings
on a lot in Zone E4 Environmental Living in the area identified as “Area
2” on the Floor Space Ratio Map, the total area of
which is specified in Column 1 of the Table to this subclause, is the floor
space ratio specified opposite that area in Column 2 of that
Table.
Maximum floor space ratio for
Zone E4 in Area 2
Column
1
Column
2
Site area
(square metres)
Floor space
ratio (:1)
Under
400
0.50
400–500
0.44
501–600
0.40
601–700
0.37
701–800
0.35
801–900
0.32
901–1,000
0.30
1,001–1,100
0.28
1,101–1,200
0.27
1,201–1,300
0.26
Over
1,300
0.25
(3)
The maximum floor space ratio for all buildings
on a lot in Zone R2 Low Density Residential in the area identified as
“Area 3” on the Floor Space Ratio Map, the total area of
which is specified in Column 1 of the Table to this subclause, is the floor
space ratio specified opposite that area in Column 2 of that
Table.
Maximum floor space ratio for
Zone R2 in Area 3
Column
1
Column
2
Site area
(square metres)
Floor space
ratio (:1)
Under
200
0.65
200–300
0.55
301–400
0.50
401–500
0.47
Over
500
0.45
(4)
The maximum floor space ratio for a building on
land identified as “Area 4” on the Floor Space Ratio
Map may exceed 3:1 if:
(a)
the former substation brick building is retained
for adaptation, and
(b)
the floor space ratio does not exceed
4:1.
(5)
The maximum floor space ratio for a building on
land identified as “Area 5” or “Area 6” on the Floor Space Ratio
Map may exceed 1:1 if:
(a)
the site area is greater than 1,000 square
metres, and
(b)
the floor space ratio will not exceed 1.5:1,
and
(c)
if the building is on land in Area 6—the
site coverage will not exceed 45% of the site area.
(6)
The maximum floor space ratio for a building on
land identified as “Area 7” on the Floor Space Ratio
Map may exceed 1:1 if:
(a)
the site area is greater than 1,000 square
metres, and
(b)
the floor space ratio will not exceed
2.5:1.
(7)
Development consent must not be granted to the
erection of a dual occupancy on land in Zone R2 Low Density Residential if the
floor space ratio of the dual occupancy would exceed
0.4:1.
(8)
Development consent may be granted to the
alteration of a dwelling house to create a dual occupancy if the floor space
ratio of the 2 buildings, as altered, will not exceed the floor space ratio of
the dwelling house before the alteration.
(9)
The total floor space ratio for all shops on land
in Zone B2 Local Centre, known as Lot 1, DP 1013682, 79–113 Sailors Bay
Road, Northbridge, must not exceed 1:1.
(10)
The total floor space ratio for all shops on land
in Zone B3 Commercial Core, known as Lots 2, 3 and 5, DP 879307, 201–205
Pacific Highway, St Leonards, being land bounded by Herbert Street, Pacific
Highway, Sergeants Lane and Chandos Street, must not exceed
0.4:1.
(11)
The maximum floor space ratio for all shops on
land in Zone B3 Commercial Core, known as 2–10 Chandos Street, St
Leonards and 2–14 Northcote Street, Naremburn, must not exceed
0.2:1.
(12)
The total floor space ratio for all buildings on
land identified as “Area 8” on the Floor Space Ratio
Map may exceed 5:1 if:
(a)
the site area exceeds 2,500 square metres,
and
(b)
the floor space ratio will not exceed 10.5:1,
and
(c)
a minimum of 40% of the site is available for
landscaping, publicly accessible space and through site links,
and
(d)
site coverage does not exceed
60%.
(13)
The maximum floor space ratio for a building on
land identified as “Area 9” on the Floor Space Ratio
Map may exceed 2.5:1 if:
(a)
the site area exceeds 3,000 square metres,
and
(b)
the floor space ratio will not exceed
4:1.
(14)
Development consent must not be granted for shop
top housing on land in Zone B4 Mixed Use if:
(a)
for land bounded by Victoria Avenue, Hercules
Street, Oscar Street and Albert Avenue, Chatswood—the floor space ratio
for the housing will exceed 1.25:1, or
(b)
for all other land in that zone—the floor
space ratio for the housing will exceed 1:1.
(15)
The maximum floor space ratio for all buildings
on a lot in Zone E4 Environmental Living in the area identified as “Area
10” on the Floor Space Ratio Map, the total area of
which is specified in Column 1 of the Table to this subclause, is the floor
space ratio specified opposite that area in Column 2 of that
Table.
Maximum floor space ratio for
Zone E4 in Area 10
Column
1
Column
2
Site area
(square metres)
Floor space
ratio (:1)
Under
400
0.45
400–500
0.40
501–600
0.36
601–700
0.34
701–800
0.32
801–900
0.30
901–1,000
0.28
1,001–1,100
0.26
1,101–1,300
0.25
Over
1,300
0.24
(16)
Development consent may be granted for the
purpose of erecting a building on land that is identified as “Area
11” on the Floor Space Ratio Map, known as
2–12 Thomas Street, 73–77 Albert Avenue and Fleet Lane, Chatswood,
that would result in the floor space ratio not exceeding 7:1 if:
(a)
the site area exceeds 4,000 square metres,
and
(b)
the floor space ratio of any shop top housing
will not exceed 3.5:1.
(17)
Development consent may be granted for the
purpose of erecting a building on land identified as “Area 12” on
the Floor
Space Ratio Map (known as 688–692 Pacific Highway,
Chatswood) that would result in the floor space ratio exceeding 2:1 if:
(a)
the site area exceeds 1,140 square metres,
and
(b)
the floor space ratio will not exceed
3.7:1.
(18)
Development consent may be granted for the
purpose of erecting a building on land identified as “Area 13” on
the Floor
Space Ratio Map (known as 2–14 Northcote Street,
Naremburn) that would result in the floor space ratio exceeding 2:1 if:
(a)
the site area exceeds 3,900 square metres,
and
(b)
the floor space ratio will not exceed
2.5:1.
(19)
The maximum floor space ratio for a building on
land identified as “Area 14” on the Floor Space Ratio
Map may exceed 2.7:1 if:
(a)
the site area exceeds 2,200 square metres,
and
(b)
the floor space ratio will not exceed 4:1,
and
(c)
the floor space ratio of any shop top housing
will not exceed 2:1.
(20)
The maximum floor space ratio for buildings on
land identified as “Area 17” on the Floor Space Ratio
Map is:
(a)
in the case of buildings that are, or are part
of, a hospital—2.5:1, or
(b)
in any other case—1:1 or (if the site area
is greater than 1,000 square metres and the site coverage does not exceed 45%
of the site area) 1.5:1.
(21)
Development consent may be granted for the
purpose of erecting a building on land identified as “Area 18” on
the Floor Space Ratio Map
that would result in the floor space ratio exceeding 1:1 if:
(a)
the site area exceeds 1,000 square metres,
and
(b)
the floor space ratio will not exceed 3.5:1,
and
(c)
the site coverage will not exceed 60% of the site
area.
cl 4.4A: Am 2014
(368), Sch 1 [1] [2]; 2016 (117), cl 5 (1); 2017 (180), Sch 1
[1].
4.5Calculation of floor space
ratio and site area
(1)Objectives
The objectives of this clause are as
follows:
(a)
to define floor
space ratio,
(b)
to set out rules for the calculation of the site
area of development for the purpose of applying permitted floor space ratios,
including rules to:
(i)
prevent the inclusion in the site area of an area
that has no significant development being carried out on it,
and
(ii)
prevent the inclusion in the site area of an area
that has already been included as part of a site area to maximise floor space
area in another building, and
(iii)
require community land and public places to be
dealt with separately.
(2)Definition of “floor
space ratio”
The floor
space ratio of buildings on a site is the ratio of the gross
floor area of all buildings within the site to the site
area.
(3)Site
area
In determining the site area of proposed
development for the purpose of applying a floor space ratio, the site area is taken to be:
(a)
if the proposed development is to be carried out
on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out
on 2 or more lots, the area of any lot on which the development is proposed to
be carried out that has at least one common boundary with another lot on which
the development is being carried out.
In addition, subclauses (4)–(7) apply to
the calculation of site area for the purposes of applying a floor space ratio
to proposed development.
(4)Exclusions from site
area
The following land must be excluded from the site
area:
(a)
land on which the proposed development is
prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as
provided by subclause (7)).
(5)Strata
subdivisions
The area of a lot that is wholly or partly on top
of another or others in a strata subdivision is to be included in the
calculation of the site area only to the extent that it does not overlap with
another lot already included in the site area
calculation.
(6)Only significant development
to be included
The site area for proposed development must not
include a lot additional to a lot or lots on which the development is being
carried out unless the proposed development includes significant development
on that additional lot.
(7)Certain public land to be
separately considered
For the purpose of applying a floor space ratio
to any proposed development on, above or below community land or a public
place, the site area must only include an area that is on, above or below that
community land or public place, and is occupied or physically affected by the
proposed development, and may not include any other area on which the proposed
development is to be carried out.
(8)Existing
buildings
The gross floor area of any existing or proposed
buildings within the vertical projection (above or below ground) of the
boundaries of a site is to be included in the calculation of the total floor
space for the purposes of applying a floor space ratio, whether or not the
proposed development relates to all of the buildings.
(9)Covenants to prevent
“double dipping”
When development consent is granted to
development on a site comprised of 2 or more lots, a condition of the consent
may require a covenant to be registered that prevents the creation of floor
area on a lot (the restricted lot) if the consent authority is satisfied that
an equivalent quantity of floor area will be created on another lot only
because the site included the restricted lot.
(10)Covenants affect consolidated
sites
If:
(a)
a covenant of the kind referred to in subclause
(9) applies to any land (affected
land), and
(b)
proposed development relates to the affected land
and other land that together comprise the site of the proposed
development,
the maximum amount of floor area allowed on the other
land by the floor space ratio fixed for the site by this Plan is reduced by
the quantity of floor space area the covenant prevents being created on the
affected land.
(11)Definition
In this clause, public place has the same meaning as
it has in the Local Government Act
1993.
4.6Exceptions to development
standards
(1)
The objectives of this clause are as
follows:
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by demonstrating:
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless:
(a)
the consent authority is satisfied that:
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Secretary has been
obtained.
(5)
In deciding whether to grant concurrence, the
Secretary must consider:
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Secretary before granting
concurrence.
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental
Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living
if:
(a)
the subdivision will result in 2 or more lots of
less than the minimum area specified for such lots by a development standard,
or
(b)
the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
Note—
When this Plan was made it did not include land
in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry,
Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot
Residential or Zone E3 Environmental Management.
(7)
After determining a development application made
pursuant to this clause, the consent authority must keep a record of its
assessment of the factors required to be addressed in the applicant’s
written request referred to in subclause (3).
(8)
This clause does not allow development consent to
be granted for development that would contravene any of the following:
(a)
a development standard for complying
development,
(b)
a development standard that arises, under the
regulations under the Act, in connection with a commitment set out in a BASIX
certificate for a building to which State
Environmental Planning Policy (Building Sustainability Index: BASIX)
2004 applies or for the land on which such a building is
situated,
(c)
clause 5.4,
(ca)
clause 4.3 (to the extent that it applies to land
at 1–5 Broadcast Way, Artarmon, being Lots 1–6, DP
270714).
cl 4.6: Am 2017
(180), Sch 1 [2].
Part 6Additional local
provisions
6.1Acid sulfate
soils
(1)
The objective of this clause is to ensure that
development does not disturb, expose or drain acid sulfate soils and cause
environmental damage.
(2)
Development consent is required for the carrying
out of works described in the Table to this subclause on land shown on the
Acid Sulfate
Soils Map as being of the class specified for those
works.
Class of
land
Works
1
Any
works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be
lowered.
3
Works more than 1 metre below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 1 metre below the natural ground
surface.
4
Works more than 2 metres below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 2 metres below the natural ground
surface.
5
Works
within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres
Australian Height Datum and by which the watertable is likely to be lowered
below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4
land.
(3)
Development consent must not be granted under
this clause for the carrying out of works unless an acid sulfate soils
management plan has been prepared for the proposed works in accordance with
the Acid Sulfate Soils Manual and has been provided to the consent
authority.
(4)
Despite subclause (2), development consent is not
required under this clause for the carrying out of works if:
(a)
a preliminary assessment of the proposed works
prepared in accordance with the Acid Sulfate Soils Manual indicates that an
acid sulfate soils management plan is not required for the works,
and
(b)
the preliminary assessment has been provided to
the consent authority and the consent authority has confirmed the assessment
by notice in writing to the person proposing to carry out the
works.
(5)
Despite subclause (2), development consent is not
required under this clause for the carrying out of any of the following works
by a public authority (including ancillary work such as excavation,
construction of access ways or the supply of power):
(a)
emergency work, being the repair or replacement
of the works of the public authority required to be carried out urgently
because the works have been damaged, have ceased to function or pose a risk to
the environment or to public health and safety,
(b)
routine maintenance work, being the periodic
inspection, cleaning, repair or replacement of the works of the public
authority (other than work that involves the disturbance of more than 1 tonne
of soil),
(c)
minor work, being work that costs less than
$20,000 (other than drainage work).
(6)
Despite subclause (2), development consent is not
required under this clause to carry out any works if:
(a)
the works involve the disturbance of less than 1
tonne of soil, and
(b)
the works are not likely to lower the
watertable.
6.2Earthworks
(1)
The objective of this clause is to ensure that
earthworks for which development consent is required will not have a
detrimental impact on environmental functions and processes, neighbouring
uses, cultural or heritage items or features of the surrounding
land.
(2)
Development consent is required for earthworks
unless:
(a)
the earthworks are exempt development under this
Plan or another applicable environmental planning instrument,
or
(b)
the earthworks are ancillary to other development
for which development consent has been given.
(3)
Before granting development consent for
earthworks, the consent authority must consider the following matters:
(a)
the likely disruption of, or any detrimental
effect on, drainage patterns and soil stability in the
locality,
(b)
the effect of the proposed development on the
likely future use or redevelopment of the land,
(c)
the quality of the fill or the soil to be
excavated, or both,
(d)
the effect of the proposed development on the
existing and likely amenity of adjoining properties,
(e)
the source of any fill material and the
destination of any excavated material,
(f)
the likelihood of disturbing
relics,
(g)
the proximity to and potential for adverse
impacts on any watercourse, drinking water catchment or environmentally
sensitive area,
(h)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
Note—
The National Parks
and Wildlife Act 1974, particularly section 86, deals with
harming Aboriginal objects.
6.3Flood
planning
(1)
The objectives of this clause are as
follows:
(a)
to minimise the flood risk to life and property
associated with the use of land,
(b)
to allow development on land that is compatible
with the land’s flood hazard, taking into account projected changes as a
result of climate change,
(c)
to avoid significant adverse impacts on flood
behaviour and the environment.
(2)
This clause applies to land at or below the flood
planning level.
(3)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that the development:
(a)
is compatible with the flood hazard of the land,
and
(b)
is not likely to significantly adversely affect
flood behaviour resulting in detrimental increases in the potential flood
affectation of other development or properties, and
(c)
incorporates appropriate measures to manage risk
to life from flood, and
(d)
is not likely to significantly adversely affect
the environment or cause avoidable erosion, siltation, destruction of riparian
vegetation or a reduction in the stability of river banks or watercourses,
and
(e)
is not likely to result in unsustainable social
and economic costs to the community as a consequence of
flooding.
(4)
A word or expression used in this clause has the
same meaning as it has in the Floodplain Development Manual(ISBN 0
7347 5476 0), published by the NSW Government in April
2005, unless it is otherwise defined in this clause.
(5)
In this clause:
flood
planning level means the level of a 1:100 ARI (average
recurrent interval) flood event plus 0.5 metre
freeboard.
6.4Limited development on
foreshore area
(1)
The objective of this clause is to ensure that
development in the foreshore area will not impact on natural foreshore
processes or affect the significance and amenity of the
area.
(2)
Development consent must not be granted for
development on land in the foreshore area except for the following:
(a)
single storey structures such as boat sheds,
slipways and jetties that have a direct functional relationship with the
waterway,
(b)
inclinators, stairs and other structures designed
to provide pedestrian access to the waterway,
(c)
development for the purposes of barbecues,
cycleways, fences, garden sheds, pergolas, picnic facilities, public
amenities, retaining walls, swimming pools or walking
trails.
(3)
Development consent must not be granted under
subclause (2) unless the consent authority is satisfied that:
(a)
the development will contribute to achieving the
objectives for the zone in which the land is located, and
(b)
the appearance of any proposed structure, from
both the waterway and adjacent foreshore areas, will be compatible with the
surrounding area, and
(c)
the development will not cause environmental harm
such as:
(i)
pollution or siltation of the waterway,
or
(ii)
an adverse effect on surrounding uses, marine
habitat, wetland areas, fauna and flora habitats, or
(iii)
an adverse effect on drainage patterns,
and
(d)
the development will not cause congestion of, or
generate conflicts between, people using open space areas or the waterway,
and
(e)
opportunities to provide continuous public access
along the foreshore and to the waterway will not be compromised,
and
(f)
any historic, scientific, cultural, social,
archaeological, architectural, natural or aesthetic significance of the land
on which the development is to be carried out and of surrounding land will be
maintained, and
(g)
in the case of development for the alteration or
rebuilding of an existing building wholly or partly in the foreshore area, the
alteration or rebuilding will not have an adverse impact on the amenity or
aesthetic appearance of the foreshore, and
(h)
sea level rise or change of flooding patterns as
a result of climate change have been considered.
6.5Signage
(1)
The objective of this clause is to ensure that
signage does not interfere with the visual amenity and safety of
localities.
(2)
Development consent must not be granted to the
erection or display of signage on land in a zone where that development is
permitted under the Land Use Table unless the consent authority is satisfied
that:
(a)
the signage is associated with or ancillary to
another permitted use of the land, and
(b)
the signage specifies one or more of the
following:
(i)
the purpose for which the land or premises is
used,
(ii)
the identification of a person residing or
carrying on an occupation or business on the land or premises, including a
description of the occupation or business,
(iii)
the goods or services provided on the land or
premises, and
(c)
the erection, siting, dimensions or display of
the signage would not have a significant adverse impact on the visual amenity
or the safety of the locality.
6.6Airspace
operations
(1)
The objectives of this clause are as
follows:
(a)
to provide for the effective and ongoing
operation of the Sydney Airport by ensuring that such operation is not
compromised by proposed development that penetrates the Limitation or
Operations Surface for that airport,
(b)
to protect the community from undue risk from
that operation.
(2)
If a development application is received and the
consent authority is satisfied that the proposed development will penetrate
the Limitation or Operations Surface, the consent authority must not grant
development consent unless it has consulted with the relevant Commonwealth
body about the application.
(3)
The consent authority may grant development
consent for the development if the relevant Commonwealth body advises
that:
(a)
the development will penetrate the Limitation or
Operations Surface but it has no objection to its construction,
or
(b)
the development will not penetrate the Limitation
or Operations Surface.
(4)
The consent authority must not grant development
consent for the development if the relevant Commonwealth body advises that the
development will penetrate the Limitation or Operations Surface and should not
be constructed.
(5)
In this clause:
Limitation or Operations Surface
means the Obstacle Limitation Surface or the Procedures for Air Navigation
Services Operations Surface as shown on the Obstacle Limitation Surface Map or the
Procedures for Air Navigation
Services Operations Surface Map for the Sydney
Airport.
relevant
Commonwealth body means the body, under Commonwealth
legislation, that is responsible for development approvals for development
that penetrates the Limitation or Operations Surface for the Sydney
Airport.
6.7Active street
frontages
(1)
The objective of this clause is to promote uses
that attract pedestrian traffic along certain ground floor street frontages in
Zone B2 Local Centre, Zone B3 Commercial Core and Zone B4 Mixed
Use.
(2)
This clause applies to land identified as
“Active Street Frontages” on the Active Street Frontages
Map.
(3)
Development consent must not be granted to the
erection of a building, or a change of use of a building, on land to which
this clause applies unless the consent authority is satisfied that the
building will have an active street frontage after its erection or change of
use.
(4)
Despite subclause (3), an active street frontage
is not required for any part of a building that is used for any of the
following:
(a)
entrances and lobbies (including as part of mixed
use development),
(b)
access for fire services,
(c)
vehicular access.
(5)
In this clause, a building has an active
street frontage if all premises on the ground floor of the
building facing the street are used for the purposes of business premises or
retail premises.
6.8Affordable
housing
(1)
For the purposes of this clause, the Willoughby Affordable Housing
Principles are as follows:
(a)
affordable housing must be provided and managed
in Willoughby so that accommodation for a diverse residential population
representative of all income groups is available in Willoughby,
and
(b)
affordable housing must be rented to tenants
whose gross household incomes fall within the following ranges of percentages
of the median household income for the time being for the Greater Sydney
(Greater Capital City Statistical Area) according to the Australian Bureau of
Statistics:
Very low
income household
less than
50%
Low income
household
50% or
more, but less than 80%
Moderate
income household
80–120%
and at rents that do not exceed a benchmark of 30% of
their actual household income, and
(c)
dwellings provided for affordable housing must be
managed so as to maintain their continued use for affordable housing,
and
(d)
rental from affordable housing received by or on
behalf of the Council, after deduction of normal landlord’s expenses
(including management and maintenance costs and all rates and taxes payable in
connection with the dwellings), and money from the disposal of affordable
housing received by or on behalf of the Council must be used for the purpose
of improving or replacing affordable housing or for providing additional
affordable housing in Willoughby, and
(e)
affordable housing must consist of dwellings
constructed to a standard that, in the opinion of the consent authority, is
consistent with the same type of dwellings within the development to which the
development application relates, especially in terms of internal fittings and
finishes, solar access and privacy.
(2)
Development consent must not be granted to the
erection of residential accommodation on land identified as “Area
3” on the Special Provisions Area Map unless the
consent authority has taken the following into consideration:
(a)
the Willoughby Affordable Housing
Principles,
(b)
the impact the development would have on the
existing mix and likely future mix of residential housing stock in
Willoughby,
(c)
whether one of the affordable housing conditions
should be imposed on the consent for the purpose of providing affordable
housing in accordance with the Willoughby Affordable Housing
Principles.
Note—
The affordable housing principles set out in
Schedule 2 to State Environmental Planning Policy No
70—Affordable Housing (Revised Schemes) may also
apply to the development.
(3)
The following are the affordable housing
conditions:
(a)
a condition requiring the dedication in favour of
the consent authority, free of cost, of land comprised of one or more complete
dwellings with a gross floor area of the amount equivalent to 4% of the
accountable total floor space, with each dwelling having a gross floor area of
at least 50 square metres,
(b)
a condition requiring the payment of a monetary
contribution to the consent authority by the applicant that is the value,
calculated in accordance with subclause (4), of 4% of the accountable total
floor space,
(c)
a condition requiring:
(i)
the dedication in favour of the consent
authority, free of cost, of land comprised of one or more complete dwellings
with a gross floor area of less than the amount equivalent to 4% of the
accountable total floor space (the dedication amount), with each
dwelling having a gross floor area of at least 50 square metres,
and
(ii)
the payment of a monetary contribution to the
consent authority by the applicant that is the value, calculated in accordance
with subclause (4), of the gross floor area equivalent to the difference
between the dedication amount and 4% of the accountable total floor
space.
(4)
The amount of the contribution to be paid under a
condition imposed under subclause (2) (c) is the value of the gross floor area
concerned calculated by reference to the market value of dwellings of a
similar size to those proposed by the development application.
Note—
Section 94F of the Act permits the imposition of
such a condition and specifies the circumstances under which such a condition
may be imposed. Any condition imposed is subject to section 94G of the
Act.
(5)
This clause does not apply to development for the
purpose of any of the following:
(a)
boarding houses,
(b)
community housing (as defined in section 3 of the
Housing Act 2001),
(c)
group homes,
(d)
hostels,
(e)
public housing (as defined in section 3 of the
Housing Act
2001).
(6)
An affordable housing condition must not be
imposed in relation to an amount of accountable total floor space if the
consent authority is satisfied that such a condition has previously been
imposed under this clause in relation to the same or an equivalent amount of
accountable total floor space on the site.
(7)
In this clause:
accountable total floor space means
the gross floor area of the residential component of the development to which
the development application relates.
cl 6.8: Am 2017
(327), Sch 1 [7]–[12].
6.9Serviced
apartments
(1)
The objectives of this clause are as
follows:
(a)
to ensure that a change of use from a dwelling in
a residential flat building or shop top housing to a serviced apartment does
not impact on the amenity, safety or security of residents in the building,
and
(b)
to prevent substandard residential building
design by way of converted serviced apartment
development.
(2)
Development consent must not be granted for the
change of use from a dwelling in a residential flat building or shop top
housing to a serviced apartment, if permitted by the Land Use Table, unless
the consent authority is satisfied that the amenity, safety and security of
the residents of the dwellings in the building is
maintained.
(3)
Development consent must not be granted for the
change of use from serviced apartments to a residential flat building, with or
without strata subdivision, unless the consent authority is satisfied that the
development complies with the design principles of the Apartment Design Guide
(within the meaning of State Environmental Planning Policy No
65—Design Quality of Residential Apartment
Development).
Note—
The design quality principles set out in Schedule
1 to State Environmental Planning Policy No
65—Design Quality of Residential Apartment
Development also apply to the
development.
cl 6.9: Am 2015
(316), Sch 2.19.
6.10Minimum lot sizes for attached
dwellings, dual occupancies, multi dwelling housing, residential flat
buildings and secondary dwellings
(1)
The objectives of this clause are:
(a)
to achieve planned residential density in certain
zones by:
(i)
enabling development sites to be of sufficient
size to provide adequate area for drainage, landscaping, and separation
between buildings for privacy and solar and vehicular access,
and
(ii)
reducing the instances of isolated lots being
left with reduced development potential, and
(b)
to increase the efficiency and safety of the road
network by minimising the number of driveway
crossings.
(2)
Development consent may be granted to development
for a purpose shown in Column 1 of the Table to this subclause on a lot in a
zone shown in Column 2 of that Table opposite that purpose, if the area of the
lot is equal to or greater than the area specified for that purpose and shown
in Column 3 of that Table.
Column
1
Column
2
Column
3
Secondary
dwelling
Zone E4
Environmental Living
450 square
metres
Dual
occupancy (attached)
Zone R2 Low
Density Residential
700 square
metres
Dual
occupancy (attached)
Zone E4
Environmental Living
700 square
metres
Dual
occupancy (detached)
Zone R2 Low
Density Residential
900 square
metres
Dual
occupancy (detached)
Zone E4
Environmental Living
900 square
metres
Attached
dwelling
Zone R3
Medium Density Residential
1,100
square metres
Multi
dwelling housing
Zone R3
Medium Density Residential
1,100
square metres
Residential
flat building
Zone R3 Medium Density Residential
Zone R4 High Density Residential
1,100
square metres
(3)
Despite subclause (2), development consent must
not be granted to development for the purposes of a dual occupancy on a lot in
an area identified as “Area 1” on the Dual Occupancy Restriction
Map unless the area of the lot is at least 5,000 square
metres.
(4)
Despite subclause (2), development consent may be
granted to development for attached dwellings, multi dwelling housing or
residential flat buildings that are permissible in the Land Use Table on the
following land if the site area is equal to or greater than the area specified
below for that land:
(a)
1,300 square metres for land at 58–78
Sailors Bay Road, Northbridge, being Lots 27–29, DP 4810 and Lots
1–3, Section 1, DP 7234,
(b)
4,000 square metres for land bounded by William
Street, Archer Street, Boundary Road and the North Shore Rail Line, Roseville,
being Lot 1, DP 322710, Lot A, DP 410021, Lots 1 and 2, DP 9007, Lots 1 and 2,
DP 1035179, Lot 91, DP 1035179, Lots 11–13, DP 1143427, Lots 1 and 2, DP
883023, Lots 11 and 12, DP 1134441, Lot 1, DP 119494, Lots 4 and 5, DP 9007,
Lot 27, DP 787070, Lot 1, DP 739689, Lot 26, DP 787070, Lots 3 and 4, DP
739689 and Lots 10–12, DP 9007,
(c)
2,500 square metres for land at 95–103
Edinburgh Road, Castlecrag, being Lots 51–55, DP
12497,
(d)
3,500 square metres for land at 1–7 Hotham
Street and 2 Wyvern Avenue, Chatswood, being Lot A, DP 361071, Lots C and D,
DP 437928 and Lots F and G, DP 413340,
(e)
2,500 square metres for land fronting Borlaise
Street, Edward Street, Julian Street or Penkivil Street, Willoughby, being
Lots 2–4, DP 170500, Lot 1, DP 170956, Lots 1 and 2, DP 215758, Lots A
and B, DP 443111, Lot 1, DP 195017, Lots A and B, DP 337800, Lots 3–5,
Section 1, DP 975943, Lot 678, DP 815928, Lots 10 and 11, DP 1005258, Lot 20,
DP 1105368, Lot C, DP 337800, Lot 1, DP 782473, Lots A and B, DP 443285, Lot
F, DP 382354, Lots 1 and 2, DP 511145, Lots 1 and 2, DP 204240, Lots 1 and 2,
DP 1052333, Lot 2, DP 597098, Lot A, DP 410182, Lot 22, DP 85344, Lots 241 and
242, DP 603255, Lot 25, Section 2, DP 975943, Lots A and B, DP 401143, Lots
211 and 212, DP 879375, Lot D, DP 374740, Lot C, DP 401143, Lot 1, DP 597098
and Lot B, DP 410182,
(f)
3,000 square metres for land at 849–859
Pacific Highway and 2 Wilson Street, Chatswood, being Lot 5, DP 4139, Lot 1,
DP 960977, Lot 2, DP 1002202 and Lot 1, DP 843241,
(g)
2,000 square metres for land at 1 and 1A Walter
Street and 452–460 Willoughby Road, Willoughby, being Lot 1, DP 81401,
Lot 1, DP 81135, Lot 1, DP 75133, Lot 1, DP 178525, Lot 11, DP 129153, Lot 1,
DP 75374 and Lot 1, DP 1084753.
cl 6.10: Am 2017
(327), Sch 1 [13].
6.11Maximum gross floor areas for
certain dual occupancies
Development consent must not be granted to create
a dual occupancy on land identified as “Area 1” on the Dual Occupancy
Restriction Map if the gross floor area of more than one
of the occupancies would exceed 60 square metres.
6.12Size of shops in Zone B3 and
Zone B4 in Chatswood
(1)
This clause applies to land in Zone B3 Commercial
Core and Zone B4 Mixed Use on the western side of the North Shore Rail Line in
Chatswood.
(2)
The maximum gross floor area of a shop on land to
which this clause applies must not exceed 100 square
metres.
6.13Bonus height and floor space
ratio available for development on consolidated sites on Pacific Highway and
Thomas Street, Chatswood
(1)
This clause applies to the land at 763–781
Pacific Highway and 20–24 Thomas Street, Chatswood that is identified as
“Area 4” on the Special Provisions Area
Map.
(2)
Despite clauses 4.3 and 4.4, if the site area for
development on land to which this clause applies is greater than 1,500 square
metres, development consent may be granted to development that will
have:
(a)
a height of any building on the land not
exceeding 60 metres above the highest point of ground level (existing) on the
land, and
(b)
a floor space ratio of the development not
exceeding 8:1.
6.14Willoughby Market
Gardens
(1)
This clause applies to the land that is
identified as “Area 1” on the Special Provisions Area
Map and known as the Willoughby Market
Gardens.
(2)
A development control plan for development on the
land to which this clause applies must be prepared under section 74D of the
Act before development consent may be granted to any development on that
land.
(3)
Development consent must not be granted to any
development on the land to which this clause applies unless that consent is
granted in accordance with the development control plan made under subclause
(2).
(4)
Development consent must not be granted to any
development on the land to which this clause applies if the granting of that
consent would result in the total number of dwellings on that land exceeding
80.
(5)
Despite clause 4.4 (2), the total gross floor
area of the dwellings on the land to which this clause applies must not exceed
16,000 square metres.
6.15Vehicle body repair workshops
in Zone IN2
(1)
The objective of this clause is to ensure that
development for the purposes of vehicle body repair workshops in Zone IN2
Light Industrial will not have a detrimental impact on the amenity and
environmental quality of neighbouring residential
properties.
(2)
Development consent must not be granted to
development for the purpose of a vehicle body repair workshop on land in Zone
IN2 Light Industrial unless the consent authority is satisfied that the
development will not interfere with the amenity of any neighbouring
residential property because of the emission of noise, vibration, smell,
fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste product, grit
or oil or traffic generation or the testing of motor vehicles in residential
streets.
6.16Public access to be maintained
through certain land in St Leonards
(1)
This clause applies to the land in St Leonards
that is identified as “Area 2” on the Special Provisions Area
Map.
(2)
Development consent must not be granted to any
development on the land to which this clause applies unless the consent
authority is satisfied that after the development is completed the public will
have access through the land linking Chandos Street to the Talus Street
Reserve and from Evans Lane to Herbert Street.
6.17Centre-based child care
facility or respite day care centre at Tyneside Avenue, Willoughby
North
(1)
The objective of this clause is to ensure that
development for the purpose of a centre-based child care facility or a respite
day care centre on land at Tyneside Avenue, Willoughby North, will not have a
detrimental impact on the amenity of adjoining residential
properties.
(2)
This clause applies to land at Tyneside Avenue,
Willoughby North that is identified as “Area 6” on the Special Provisions
Area Map.
(3)
Development consent must not be granted for the
purpose of a centre-based child care facility or a respite day care centre on
land to which this clause applies unless the area of the land is at least
5,000 square metres.
cl 6.17: Am 2017
(493), Sch 1.2 [1].
6.18Council infrastructure
development
(1)
Development may be carried out by or on behalf of
the Council without development consent on any land, other than land in a
heritage conservation area, land containing a heritage item or land that is an
environmentally sensitive area for exempt and complying
development.
(2)
Subclause (1) does not apply to the following
development:
(a)
the erection of a class 1–9 building under
the Building Code of
Australia,
(b)
development that is not exempt development under
State Environmental Planning Policy (Infrastructure)
2007 and has a capital value of more than
$1,000,000.
6.19Location of sex services
premises
(1)
Development consent must not be granted for the
purpose of sex services premises unless the consent authority has considered
the following:
(a)
the distance between the premises and any place
of public worship, school, community facility, hospital or medical centre or
any other place in the vicinity of the premises that is regularly frequented
by children,
(b)
whether the operation of the premises could cause
a disturbance in the neighbourhood, taking into account the location of any
other sex services premises operating in the
neighbourhood,
(c)
whether sufficient off-street parking will be
provided,
(d)
whether the premises will be accessed by a
separate entrance,
(e)
whether the operation of the premises will
interfere with the amenity of the neighbourhood because of its size, operating
hours, traffic generation, lighting or noise or the number of its employees
and clients,
(f)
whether the operations of the premises will
utilise circulation areas common to any other use of the
premises.
(2)
Development consent must not be granted for sex
services premises in a business zone unless the premises will be located above
the ground floor and in a building used for commercial
purposes.
(3)
Development consent must not be granted for sex
services premises unless the premises are located more than 100 metres from
any other premises to which a similar development consent has been
granted.
(4)
The distance between 2 premises referred to in
subclause (3) is to be measured as the shortest distance between the
premises.
6.20Dwellings at 126 Greville
Street, Chatswood and part of 25 Millwood Avenue, Chatswood
West
(1)
This clause applies to the following land:
(a)
126 Greville Street, Chatswood, being Lot 1, DP
532353,
(b)
part of 25 Millwood Avenue, Chatswood West, being
Lot 1, DP 408490.
(2)
Development consent must not be granted to
development on land to which this clause applies that would result in the
total number of dwellings on all of that land exceeding 60 unless:
(a)
the only dwellings that are (or are proposed to
be) located on that land are (or are proposed to be) located in a building
that existed on the commencement of this clause (an existing
building), and
(b)
any alteration proposed to be made to such an
existing building would not result in the building having any additional floor
space.
cl 6.20: Ins 2014
(368), Sch 1 [3]. Am 2016 No 27, Sch 2.57.
6.21Bonus height and floor space
ratio available for development on consolidated sites on Pacific Highway,
Freeman Road and Oliver Road, Chatswood
(1)
This clause applies to the following land at
Chatswood:
(a)
Lot 1, DP 1068007, 654–656 Pacific
Highway,
(b)
Lot 1, DP 121830, 658–666 Pacific
Highway,
(c)
Lot 1, DP 839309, 1 Freeman
Road,
(d)
Lot 2, DP 839309, 2A Oliver
Road,
identified as “Area 7” on the Special Provisions
Area Map (Area
7).
(2)
Despite clauses 4.3 and 4.4, if the site area for
development on land to which this clause applies is greater than 2,400 square
metres, development consent may be granted to development that will
have:
(a)
a height of any building on the land not
exceeding:
(i)
for that part of Area 7 that is shown edged black
and marked “137.8” on the Special Provisions Area
Map—RL 137.8 Australian Height Datum,
and
(ii)
for that part of Area 7 that is shown edged black
and marked “128.8” on that Map—RL 128.8 Australian Height
Datum, and
(b)
a floor space ratio:
(i)
of the development—not exceeding 3.0:1,
and
(ii)
of any shop top housing—not exceeding
2.14:1.
cl 6.21: Ins 2015
(789), cl 5. Am 2016 (271), cl 4 (1) (2).
6.22Business premises and office
premises at 4 Broadcast Way, Artarmon
(1)
This clause applies to land at 4 Broadcast Way,
Artarmon, being Lot 5, DP 270714.
(2)
Development consent must not be granted to
development on land to which this clause applies for the purposes of business
premises or office premises unless:
(a)
the gross floor area of that part of the building
on the site that is to be used for the purpose of business premises or office
premises exceeds 1,200 square metres, and
(b)
the consent authority is satisfied that:
(i)
the development will not detrimentally affect the
viability of the Chatswood or St Leonards Central Business Districts,
and
(ii)
the business premises or office premises are to
be provided as premises for a single occupier.
cl 6.22: Ins 2017
(180), Sch 1 [3].