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].
4.4AExceptions 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.
(22)
The maximum floor space ratio for a building on
land identified as “Area 19” on the Floor Space Ratio
Map may exceed 1:1 if—
(a)
the site area exceeds 1,000 square metres,
and
(b)
the floor space ratio will not exceed 1.5:1,
and
(c)
the site coverage will not exceed 60% of the site
area.
(23)
The maximum floor space ratio for a building on
land identified as “Area 20” on the Floor Space Ratio
Map may exceed 1:1 if—
(a)
the site area exceeds 12,000 square metres,
and
(b)
the floor space ratio will not exceed 4.5:1,
and
(c)
the site coverage will not exceed 60% of the site
area.
(24)
The maximum floor space ratio for a building on
land identified as “Area 15” on the Floor Space Ratio
Map may exceed 1:1 if the site area exceeds 1,000 square
metres and—
(a)
in the case of buildings that are, or are part
of, a hospital—the floor space ratio will not exceed 3:1,
or
(b)
in any other case—
(i)
the floor space ratio will not exceed 1.5:1,
and
(ii)
the site coverage will not exceed 45% of the site
area.
cl 4.4A: Am 2014
(368), Sch 1 [1] [2]; 2016 (117), cl 5 (1); 2017 (180), Sch 1 [1]; 2017 (588),
Sch 1 [1]; 2018 (109), cl 5 (1).
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].