4.1BMinimum lot sizes and special
provisions for certain dwellings
(1)
The objectives of this clause are as
follows:
(a)
to ensure that lots for residential accommodation
are of sufficient size to accommodate proposed dwellings, setbacks to
adjoining residential land, private open space and landscaped areas, driveways
and vehicle manoeuvring areas,
(b)
to ensure that multi dwelling housing and
boarding houses in Zone R2 Low Density Residential retain the general
low-density scale and character of existing single dwelling
development,
(c)
to ensure that lots for non-residential
accommodation are of sufficient size to accommodate proposed dwellings,
setbacks to adjoining residential land, private open space and landscaped
areas, play areas, pedestrian access, set down and pick up areas, car parks,
driveways and vehicle manoeuvring areas,
(d)
to minimise any likely adverse impact of the
development on the amenity of the area,
(e)
where an existing lot is inadequate in terms of
its area or width—to require the consolidation of 2 or more
lots.
(2)
Despite any other provision of this Plan,
development consent must not be granted to development on a lot in a zone
shown in Column 2 of the table to this clause for a purpose shown in Column 1
of the table opposite that zone unless:
(a)
the area of the lot is equal to or greater than
the area specified for that purpose and shown in Column 3 of the table,
and
(b)
the width of the lot at the front building line
is equal to or greater than the width specified for that purpose and shown
opposite in Column 4 of the table.
Column
1
Column
2
Column
3
Column
4
Attached
dwellings
Zone R3
Medium Density Residential
750 square
metres
20
metres
Attached
dwellings
Zone R4
High Density Residential
750 square
metres
20
metres
Multi
dwelling housing and boarding houses
Zone R2 Low
Density Residential
1,200
square metres
20
metres
Multi
dwelling housing and boarding houses
Zone R3
Medium Density Residential
1,000
square metres
20
metres
Multi
dwelling housing and boarding houses
Zone R4
High Density Residential
1,000
square metres
20
metres
Multi
dwelling housing and boarding houses
Zone B6
Enterprise Corridor
5,000
square metres
n/a
Residential
flat buildings
Zone R4
High Density Residential
1,500
square metres
30
metres
Residential
flat buildings
Zone B6
Enterprise Corridor
5,000
square metres
n/a
Serviced
apartments
Zone R4
High Density Residential
1,500
square metres
30
metres
Serviced
apartments
Zone B6
Enterprise Corridor
5,000
square metres
n/a
Shop top
housing
Zone R4
High Density Residential
1,500
square metres
30
metres
Centre-based child care facilities
Zone R2 Low
Density Residential
n/a
20
metres
Schools
Zone R2 Low
Density Residential
n/a
40
metres
Places of
public worship
Zone R2 Low
Density Residential
800 square
metres
20
metres
(3)
Despite subclause (2), development consent must
not be granted for a residential flat building on land in Zone R4 High Density
Residential at 6–22 Church Road, 1 Breasley Place and 8A Petty Street,
Yagoona unless the lot has an area of at least 1,700 square metres, and the
lot is at least 40 metres wide at the front building
line.
(4)
Despite subclause (2), development consent must
not be granted to development for the purpose of multi dwelling housing and
boarding houses on land identified as “Area 2” on the Special Provisions
Map.
(5)
Despite subclause (2), development consent must
not be granted to development for the purpose of multi dwelling housing on
land in Zone R2 Low Density Residential unless the site area per dwelling
(excluding the area of access handles or rights of way for access) is at least
300 square metres.
(6)
Despite subclause (5), development consent must
not be granted to development for the purpose of multi dwelling housing on
land at 81–83 and 105 Wattle Street, Punchbowl unless the site area per
dwelling (excluding the area of access handles or rights of way for access) is
at least 250 square metres.
cl 4.1B: Am 2017
(493), Sch 1.2 [3].
4.4AAdditional gross floor area
for more sustainable development in Bankstown CBD commercial
core
(1)
The objectives of this clause are as
follows:
(a)
to encourage building design (namely the built
form and layout) of large-scale commercial development and mixed use
development in Zone B4 Mixed Use that minimises the consumption of energy and
water,
(b)
to provide increased amenity to occupants over
the long term,
(c)
to ensure the increase in gross floor area is
compatible with surrounding buildings in terms of bulk, height and
amenity.
(2)
This clause applies to development if:
(a)
the development is on land in Zone B4 Mixed Use,
and
(b)
the lot on which the development will be sited is
at least 18 metres wide at the front building line, and
(c)
the lot on which the development will be sited
has a maximum floor space ratio of 3:1 as shown on the Floor Space Ratio
Map, and
(d)
the development includes the erection of one or
more buildings for the purposes of commercial premises or a mixed use
development.
(3)
Despite any other provision of this Plan, the
consent authority may grant development consent to development to which this
clause applies if the gross floor area of the buildings on the development
site exceeds the gross floor area otherwise permitted by this Plan by no more
than 0.5:1.
(4)
Before granting development consent to
development under this clause, the consent authority must be satisfied
that:
(a)
the part of any building used for the purposes of
commercial premises (whether or not for the purposes of mixed use development)
complies with the following standards:
(i)
the energy target is a maximum 135
kg/m2 per year,
(ii)
the water target is a maximum 0.47
kL/m2 per year for business premises and office premises and a
maximum 1.68 kL/m2 per year for shops, restaurants and function
centres, and
(b)
the part of any building that is a dwelling used
for the purposes of mixed use development complies with the following
standards:
(i)
the energy target is a minimum 10-point increase
in the BASIX score compared to current requirements,
(ii)
the water target is a minimum BASIX 60,
and
(c)
the building does not adversely impact on any
neighbouring land in terms of visual bulk or overshadowing,
and
(d)
a report prepared by a qualified consultant to
the satisfaction of the Council verifies that, if all of the commitments
relating to the building design (namely the built form and layout) listed in
the report are fulfilled, the development will comply with both the energy and
water targets.
(5)
This clause does not apply to land on which
development to which clause 13 of State
Environmental Planning Policy (Affordable Rental Housing)
2009 applies is to be carried out.
(6)
In this clause:
BASIX means a rating under State Environmental Planning Policy (Building Sustainability
Index: BASIX) 2004.
mixed use
development means a building or place comprising commercial
premises and dwellings.
cl 4.4A: Am 2017
(320), cl 4.