(1) This plan repeals . Central Sydney Heritage Local Environmental Plan 2000
(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.
(1) Development is exempt development for the purposes of this plan only if it—
(a) is of minimal environmental impact, and (b) is a type of development listed as exempt development in—
(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or (ii) for Ultimo-Pyrmont, , and State Environmental Planning Policy No 60—Exempt and Complying Development (c) complies with all of the requirements for exempt development made by—
(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or (ii) for Ultimo-Pyrmont, , State Environmental Planning Policy No 60—Exempt and Complying Development despite any other provision of this plan.
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(1) Within the Maritime and Transport zone, exempt development and development for the purpose of the following may be carried out without development consent—
(a) aids to navigation, (b) commercial port operations, (c) dredging, (d) jetties, (e) naval activities, (f) pontoons, (g) reclamation, (h) sea walls, (i) streets, (j) temporary uses on land owned by, or under the care, control and management of, the Council, (k) wharves. (2) Within the Maritime and Transport zone, development for the purpose of the following may be carried out on any land, but only with development consent—
(a) public utility undertakings, (b) temporary uses of any kind on land on which they are not allowed without consent in the zone, (c) workshops. (3) Within the part of the Maritime and Transport zone outlined in red and annotated (i) on the Central Sydney Site Identification Map, development for the purpose of the following may be carried out, but only with development consent—
(a) advertisements, (b) conventions, cultural activities, exhibitions, and like functions, (c) hotels, (d) refreshment rooms, (e) residential buildings, (f) serviced apartments, (g) shops, (h) tourist coach and bus parking or layover, (i) tourist-related uses, (j) waterfront-related uses, (k) commercial uses ordinarily incidental or ancillary to the other particular uses listed in this subclause. (3A) Within the part of the Maritime and Transport zone outlined in black and shown with black hatching on the Central Sydney Site Identification Map (Sheet 2), development for commercial purposes in addition to the purposes specified in subclause (3) may be carried out, but only with development consent. (4) Consent must not be granted for development on land within the part of the Maritime and Transport zone shown coloured blue on the Central Sydney Site Identification Map, or on land including any such land, unless the consent authority is satisfied that unobstructed public access will be provided along the foreshore within the land so shown. (5) Despite subclause (3), within the part of the Maritime and Transport zone shown coloured green on the Central Sydney Site Identification Map, development for the purpose of a residential building is prohibited. (6) Within the part of the Maritime and Transport zone outlined in pink on the Central Sydney Site Identification Map, development for the purpose of a short-stay public car park containing a maximum of 158 parking spaces may be carried out, but only with development consent. This subclause has effect despite clause 65 but subject to clause 66. (7) The consent authority must not grant consent as referred to in subclause (6) unless it is satisfied that a covenant has been or will be created that has the effect of restricting the future use of the proposed car park to use for the purpose of a short-stay public car park only.
(1) Development may be carried out without consent within the Parks and Community Places zone if it is exempt development or (unless it is development for the purpose of roads) carried out in accordance with a plan of management. (2) Within the Parks and Community Places zone, development (other than development in accordance with a plan of management) for the purpose of the following may be carried out on any land, but only with development consent—
(a) buildings used for cultural activities, landscaping and gardening, or recreational facilities, (b) car parking, (c) kiosks, (d) refreshment rooms, (e) roads, except where carried out as exempt development or in accordance with any plan of management, (f) shops and commercial premises associated with underground railway stations, (g) signs incidental or ancillary to another permitted use, (h) temporary uses of any kind, (i) underground public utility undertakings, located under the surface of a road or public thoroughfare, or adjacent to or bordering a road or public thoroughfare, but only if the undertakings are not inconsistent with any plan of management, (j) other land uses which the consent authority is satisfied are incidental or ancillary to land uses which may be lawfully carried out within the zone.
(1) Subject to subclauses (2), (3) and (4), development that results in any part of a building projecting above a sun access plane for a park or community place identified in the sun access planes table in Schedule 2 is prohibited if the building is situated on land shown on the relevant map in Schedule 2 as affected by the sun access plane.
(1) Subject to subclauses (2), (3) and (4), development is prohibited if it results in a building that causes overshadowing, in addition to that existing at 27 December 1996, between the nominated times in any of the following locations between 14 April and 31 August in any year—
|
Location Nominated times |
Australia Square 12 noon to 2 pm |
Chifley Square 12 noon to 2 pm |
First Government House Place 12 noon to 2 pm |
Lang Park 12 noon to 2 pm |
Macquarie Place (beyond the shadow that would be cast by a wall with a 35 metre street frontage height on the eastern alignment of Loftus Street) 10 am to 2 pm |
Martin Place (between Pitt and George Streets) 12 noon to 2 pm |
Pitt Street Mall (beyond the shadow that would be cast by a wall with a 20 metre street frontage height on the eastern and western alignments of the Mall) 10 am to 2 pm |
Prince Alfred Park 12 noon to 2 pm |
Sydney Town Hall steps 10.30 am to 4 pm |
Sydney Square 11 am to 4 pm
(1) The height of a building on any land is not to exceed the height shown for the land indicated on the Central Sydney Height Map. (2) Despite subclause (1), consent must not be granted to a building on any land if the height of the building exceeds 55 metres unless—
(a) the site area of the development is 800 square metres or more, or (b) the consent authority is satisfied that the proposed development achieves—
(i) appropriate height to plan width proportions that are compatible with the massing, street frontage and tower forms within the locality, and (ii) a separation of any towers to achieve the “tower in the round” built form characteristic, and (iii) adequate amenity and privacy for occupants, and (iv) active street frontages, and (v) sufficient space for vehicle circulation and access ramps. (3) The achievement of the maximum height shown on the Central Sydney Height Map is subject to compliance with the floor space ratio, development plan, design excellence, heritage, ecologically sustainable development and other provisions of this plan. (4) The height of a building resulting from the replacement or alteration of a building on land identified by the notation “Existing Height” on the Central Sydney Height Map is not to exceed the existing height of the building that is replaced or altered. Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this subclause. (5) Consent must not be granted for the erection of a building on land in the Parks and Community Places zone or the Maritime and Transport zone unless the consent authority is satisfied that its height will be consistent with the heights of any existing buildings on the subject site and on adjoining land. This subclause is subject to clause 46 (2) (c) and does not apply to equipment and structures used for the physical handling of cargo in carrying out commercial port operations, or used for naval activities at Woolloomooloo or Garden Island.
(1) The objective of this clause is to provide for additional building height on parts of certain sites (within the area bounded by Alfred Street, Pitt Street, Dalley Street and George Street) if the development of the site provides for publicly accessible open space, lanes and other links through the site. (2) This clause applies to land shown outlined in solid red and annotated “vi” on the . Central Sydney Site Identification Map (3) Despite clause 50, the consent authority may grant consent to development for the purposes of a building with a maximum height of—
(a) 200 metres on up to 33% of the area of block 1, or (b) 155 metres on up to 42% of the area of block 2, or (c) 185 metres on up to 24% of the area of block 3.
(1) Car parking provided in connection with a building must not result in any maximum set out in the following Table being exceeded, except in a case to which subclause (2) applies and results in a greater number—
Maximum car parking |
Type of proposed use Maximum parking on site spaces permitted |
Dwelling-houses 2 spaces per dwelling-house |
Residential buildings (including housing for aged persons)— |
Studio apartments/bedsitters 1 space per 4 studio apartments/bedsitters |
1 bedroom apartments 1 space per 2 apartments |
2 bedroom apartments 1 space per apartment plus 1 additional space per 5 apartments |
Apartments with 3 or more bedrooms 2 spaces per apartment |
Hotels and clubs 1 space per 5 bedrooms 4 spaces per 100 square metres of function room area |
Cinemas, theatres and recital halls 1 space per 7 seats |
Serviced apartments 1 space per 4 studio apartments/bedsitters 1 space per 2 one-bedroom apartments 1.2 spaces per two or more bedroom apartment |
Other uses Note— Parking for service and delivery vehicles, motorcycle parking, bicycle parking and car parking for people with mobility impairment should comply with the provisions of the relevant development control plan. (2) The number of tenant car parking spaces that will be available for use in connection with an existing building to which a development application relates is not to exceed the total of the maximum amounts allowed for each particular use that will be allowed in the building, in accordance with the following formula— (3) Clause 10 applies to a requirement made by subclause (2), but subject to subclauses (4)–(8). Before granting a consent pursuant to clause 10, the consent authority must be satisfied that different uses of parking spaces in the building will, as nearly as practicable, conform to the proportions specified in the Table to the subclause (1).
(Clause 48 and Dictionary) Note— Diagrams A1 to I2 show the nature and extent of maximum building heights generated by the application of the formula below for the individual sun access planes. Only the values contained in the sun access planes table are to be used in the application of the sun access plane formula.
|
Sun access plane diagram Park or community place Date Time |
A1 Belmore Park 21 June 12 noon |
A2 21 June 2 pm |
B1 Hyde Park North 21 June 12 noon |
B2 21 June 2 pm |
C Hyde Park West 21 June 2pm |
D Macquarie Place 14 April 10 am |
E Martin Place 14 April 12 noon |
F1 Pitt Street Mall 14 April 12 noon |
F2 1 pm |
G The Domain 21 June 2 pm |
H Royal Botanic Gardens 21 June 2 pm |
I1 Wynyard Park 21 June 12 noon |
I2 2 pm Sun access plane formula Sun access planes are established for the parks and community places described in the sun access planes table in this Schedule. A sun access plane projects above land shown as affected by the plane on the Central Sydney Height Map and is located by applying the following formula— where— H is the height, measured in metres, of a point in a sun access plane.V is the height, specified for this factor in the sun access planes table and measured in metres above ground level, at the part of the street alignment specified in the sun access planes table for the relevant sun access plane.D is the horizontal distance, from that part of the street alignment to the point in the sun access plane, measured in metres away from the relevant park or community place along the horizontal bearing (measured from true north) specified in the sun access planes table for the relevant sun access plane.a is the vertical angle in degrees, specified for this factor in the sun access planes table, corresponding to the horizontal bearing for the relevant sun access plane.Note— The following diagram illustrates how the formula applies. Sun access planes table
|
Plane (see Central Sydney Height Map) Park or community place Horizontal bearing (degrees) Vertical angle (degrees) (a) Vertical height above ground level at part of street alignment (metres) (V) |
Belmore Park |
A1 359.05 32.67 25 m on the northern alignment of Hay Street between a point 95 m west of the western alignment of Pitt Street and the western alignment of Castlereagh Street. |
A2 328.53 25.59 35 m on the western alignment of Pitt Street between the northern alignment of Barlow Street and a point 25 m north of the northern alignment of Hay Street. |
Hyde Park North |
B1 B2 359.05 328.53 32.67 25.59 23.5 m on the northern alignment of St James Road between the eastern alignment of Elizabeth Street and the western alignment of Macquarie Street. |
Hyde Park West |
C 328.53 25.59 45 m on the western alignment of Elizabeth Street between the northern alignment of Liverpool Street and the southern alignment of King Street. |
Macquarie Place |
D 37.90 38.99 35 m on the eastern alignment of Loftus Street between the northern alignment of Loftus Lane and the southern alignment of Custom House Lane. |
Martin Place |
E 358.44 47.00 45 m on the northern alignment of Martin Place between the eastern alignment of George Street and the western alignment of Macquarie Street. |
Pitt Street Mall |
F1 F2 358.44 337.50 47.00 44.38 45 m on the northern alignment of King Street between the eastern alignment of Pitt Street and a point 25 m west of the western alignment of Pitt Street. |
The Domain |
G 328.53 25.59 25 m on the western alignment of Hospital Road and the northern alignment of Prince Albert Road between the southern alignment of Shakespeare Place and the eastern alignment of Macquarie Street. |
Royal Botanic Gardens |
H 328.53 25.59 45 m on the western alignment of Macquarie Street from a point 94 m north of the northern alignment of Bent Street to the southern alignment of the Cahill Expressway. |
Wynyard Park |
I1 359.05 32.67 30 m on the northern alignment of Margaret Street between the eastern alignment of York Street and a point directly north of the eastern alignment of Wynyard Park. |
I2 328.53 25.59 45 m on the western alignment of York Street between the northern alignment of Erskine Street and a point 32 m north of the northern alignment of Margaret Street. Diagram A Belmore Park
(Dictionary)
(Clause 6)