Central Sydney Local Environmental Plan 1996

Part 1 Preliminary

1 Name of this Plan

This Plan is Central Sydney Local Environmental Plan 1996.

2 Land covered by this Plan

This Plan applies to Central Sydney, being the land shown edged heavy black on the Zoning Map.

3 Consent authority

The Council is the consent authority for development applications relating to the land to which this plan applies, subject to:

(a)  the provisions of the City of Sydney Act 1988, which make the Central Sydney Planning Committee the consent authority for major development within the meaning of that Act, and

(b)  the provisions of State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries, which makes the Minister the consent authority for development on land to which Schedule 1 to that policy applies.

cl 3: Subst 7.4.2000.

4 Effect of aims, objectives and policies

The consent authority, in considering any development, must have regard to the aims and objectives contained in this Plan and may have regard to any published planning and design provisions and policies adopted by the Central Sydney Planning Committee or the Council.

5 Review of this Plan and floor space incentives

(1)  The Council must complete a comprehensive review of this Plan on a 5-yearly basis with the first review completed not later than 5 years after the commencement of this Plan. The review of clauses 38 and 39 relating to floor space incentives for hotels and serviced apartments is to be completed before 30 June 2000.

(2)  This clause does not affect any requirement for regular and periodic review made by section 73 of the Environmental Planning and Assessment Act 1979.

cl 5: Subst 7.5.1999.

6 Dictionary

Expressions used in this Plan that are defined in the Dictionary in Schedule 1 have the meanings set out in the Dictionary.

6A Notes

The contents table, notes in the text and notes on maps and diagrams do not form part of this Plan.

cl 6A: Ins 11.12.1998.

7 Adoption of Model Provisions

This Plan adopts the Environmental Planning and Assessment Model Provisions 1980, except for Part 2 (Definitions) of those provisions.

8 Relationship of this Plan to other environmental planning instruments

(1)  Central Sydney Local Environmental Plan 1993 is repealed.

(2)  All other local environmental plans (including deemed environmental planning instruments) that applied to the land to which this Plan applies immediately before the commencement of this Plan are also repealed, but only to the extent that they so applied to that land.

(3)    (Repealed)

cl 8: Am 7.4.2000.

9 Determination of certain pending development applications

(1)  Local environmental plans and deemed environmental planning instruments apply to development applications lodged but not finally determined before the commencement of this Plan as if this Plan had been exhibited but had not commenced.

(2)  This Plan, as in force immediately before the commencement of Central Sydney Local Environmental Plan 1996 (Amendment No 8), applies to and in respect of any development application lodged before that commencement, and to any development the subject of such an application, as if that Plan had not been made.

cll 9: Am 3.3.2000.

10 Conditions of development consent

(1)  A development consent may be granted subject to a condition that requires the creation of a restrictive or positive covenant on land.

(2)  This clause does not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.

Part 2 Aims, objectives and principles of this Plan

11 The aims of this Plan

The aims of this Plan are:

(a)  to protect and enhance the diversity, special qualities and world standing of Central Sydney,

(b)  to reinforce the major functions of Central Sydney, especially its commercial role,

(c)  to establish Central Sydney as the best place to live in, work in and visit,

(d)  to foster environmental, economic, social and physical well-being so that Central Sydney continues to develop as an integrated, balanced, sustainable and prosperous living city of world standing,

(e)  to encourage the orderly development of land and resources within Central Sydney,

(f)  to reinforce the status of Central Sydney as the primary centre in the Sydney Metropolitan region.

12 The objectives of this Plan

The objectives for Central Sydney of this Plan are:

(a)  the development of Central Sydney as a vibrant, culturally diverse, multi-use city centre,

(b)  the provision of sufficient development potential,

(c)  the continued growth of a permanent residential population in Central Sydney and the provision of a full range of housing, including affordable housing,

(d)  the provision of tourist and visitor accommodation,

(e)  the enhancement of Central Sydney as Australia’s pre-eminent retail centre,

(f)  the protection and enhancement of the quality and amenity of the public areas of Central Sydney—the parks, places, streets and lanes,

(g)  the protection of Special Areas of Central Sydney,

(h)  the protection of the intricate urban fabric of Central Sydney,

(i)  the achievement of a high quality of urban form and design in buildings and in the relationship of buildings with neighbouring development and the public domain,

(j)  the development of Central Sydney with regard to the principles of ecologically sustainable development,

(k)  the protection and enhancement of the natural environment, including Central Sydney’s parks and Sydney Harbour,

(l)  the maximisation of use of public transport, walking and cycling for trips to, from and within Central Sydney,

(m)  the provision of a high quality pedestrian environment,

(n)  the conservation of heritage items and areas,

(o)  the efficient and orderly management of all phases of the development process, including the construction phase.

cll 12: Am 3.3.2000.

13 The principles of this Plan

The principles that the consent authority will follow in the achievement of the aims of this Plan are:

(a)  the recognition of the responsibilities of this generation to future generations in relation to environmental quality and resource usage by respecting the limits of natural and physical resources,

(b)  the acknowledgment of the diversity of Sydney’s cultural heritage from pre-European occupation to the current time,

(c)  the involvement of the community in the planning process by ensuring openness, accountability and transparency in the decision-making process,

(d)  the consistent application of the provisions of this Plan so that the aims and objectives of this Plan can be achieved in practice, and provide certainty for applicants for development consents, investors, residents and the public,

(e)  a consistent and proper regard for the aims, objectives and principles of this Plan, in particular, when considering development applications.

Part 2A Exempt and complying development

pt 2A (cll 13A–13C): Ins 10.3.2000.

13A Exempt development

Development is exempt development if it is:

(a)  of minor environmental impact,

(b)  does not require consent or assessment under Part 5 of the Environmental Planning and Assessment Act 1979, so long as the appropriate pre-determined requirements specified in the development control plan referred to in paragraph (c) are satisfied by the applicants, and

(c)  listed in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999,

despite any other provision of this plan.

pt 2A (cll 13A–13C): Ins 10.3.2000.

13B Complying development

Development is complying development if it is:

(a)  local development of a kind that can be carried out with consent on the land to which it is proposed,

(b)  consistent with the appropriate pre-determined requirements specified in the development control plan referred to in paragraph (c) to be satisfied by the applicants, and

(c)  listed in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999,

despite any other provision of this plan.

pt 2A (cll 13A–13C): Ins 10.3.2000.

13C Exempt and complying development—general

(1)  Development is exempt development or complying development only if it complies with the development standards and other requirements applied to the development by the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999.

(2)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999.

(3)  Exempt and complying development standards, as specified in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999, are not development standards and may not be varied by objection under State Environmental Planning Policy No 1—Development Standards.

pt 2A (cll 13A–13C): Ins 10.3.2000.

Part 3 Zoning

Division 1 General

14 Land use zones

The land use zones within Central Sydney are shown on the Zoning Map. The zones are:

(a)  City Centre zone

(b)  City Edge zone

(c)  Residential zone

(d)  Maritime and Transport zone

(e)  Parks and Community Places zone.

15 Effect of zone objectives

The consent authority, in considering a development application or proposed development plan in relation to any development, must have regard to the objectives of the zone in which the development is proposed to be carried out.

cl 15: Am 3.3.2000.

16 Development near zone boundaries

(1)  This clause applies to land that is within 5 metres of the boundary between two zones.

(2)  Land to which this clause applies may, with the consent of the consent authority, be developed for any purpose for which land in the adjoining zone may be developed if the development would be prohibited in the absence of this clause.

17 (Repealed)

cl 17: Am 7.5.1999. Rep 3.3.2000.

Division 2 City Centre zone

18 Objectives of the City Centre zone

The objectives of the City Centre zone are:

(a)  to encourage Central Sydney’s role and growth as one of the Asia-Pacific region’s principal centres for finance, commerce, retailing, tourism, cultural activities, entertainment and government,

(b)  to permit a diversity of uses which reinforce the multi-use character of Central Sydney,

(c)  to facilitate the development of buildings and works that are of a scale and character consistent with achieving the other objectives of this zone,

(d)  to provide for increased residential development with appropriate amenity and to ensure the maintenance of a range of housing choice,

(e)  to enhance the amenity of parks and community places by protecting sun access,

(f)  to ensure wind levels are consistent with pedestrian comfort and the amenity of the public domain,

(g)  to ensure satisfactory sky exposure, levels of daylight and ventilation to the public areas of Sydney, including the parks, places, streets and lanes,

(h)  to recognise and enhance the character of Special Areas,

(i)  to facilitate the conservation of items and areas of heritage significance,

(j)  to protect the fine-grained urban fabric of Central Sydney, especially the existing network of streets and lanes, and to provide for high quality development that contributes to the existing urban form,

(k)  to extend retail uses on frontages to retail streets,

(l)  to provide active frontages to streets.

cl 18: Am 3.3.2000.

19 Development within the City Centre zone

(1)  Consent is not required for development which is listed as Exempt Development in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999.

(2)  Within the City Centre zone, development (including use of land for the purpose of advertisements, advertising structures and temporary uses and change of use to duty free stores) may be carried out, but only with development consent and (in the case of development referred to in clause 28B (1) (a)–(e)) only in accordance with a development plan.

(3)  In the area bounded by King, Elizabeth, Market and George Streets:

(a)  development at ground floor level may be carried out only for the purpose of shops, refreshment rooms and access to other uses on other levels, and

(b)  the provisions of clause 7 (1), (2) and (3) of State Environmental Planning Policy No 4—Development Without Consent do not apply to the ground floor of any building, and

(c)  development for the purpose of brothels is prohibited.

cl 19: Subst 7.5.1999. Am 3.3.2000; 10.3.2000.

Division 3 City Edge zone

20 Objectives of the City Edge zone

The objectives of the City Edge zone are:

(a)  to encourage a mixed use, medium density area which will provide a physical transition between the City Centre zone and nearby lower density, mixed use and residential areas,

(b)  to encourage an increase in the permanent residential population through new residential development or the conversion of existing buildings and to ensure the maintenance of a range of housing choice,

(c)  to recognise the development potential of certain major sites within the zone and to encourage development of them which is consistent with other zone objectives,

(d)  to enhance the amenity of parks and community places by protection of sun access,

(e)  to ensure wind levels are consistent with pedestrian comfort and the amenity of the public domain,

(f)  to ensure adequate levels of daylight to streets,

(g)  to recognise and enhance the character of Special Areas,

(h)  to facilitate the conservation of items and areas of heritage significance,

(i)  to ensure that the number and location of clinics, refuges, crisis centres and other welfare uses within parts of this zone are compatible with the achievement of other objectives for this zone.

21 Development within the City Edge zone

(1)  Consent is not required for development which is listed as Exempt Development in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999.

(2)  Within the City Edge zone, development (including use of land for the purpose of advertisements, advertising structures and temporary uses) may be carried out, but only with development consent.

(3)  Development for the purpose of amusement centres is prohibited on land in the Oxford Street area shown shaded in Schedule 3.

(4)  Development for the purpose of brothels is prohibited in the City Edge zone.

cl 21: Subst 7.5.1999. Am 10.3.2000.

Division 4 Residential zone

22 Objectives of the Residential zone

The objectives of the Residential zone are:

(a)  to maintain a predominantly residential character and land use at Millers Point and for certain land fronting Wylde Street, Potts Point,

(b)  to facilitate additional residential development that is consistent with the existing residential character and use of those locations,

(c)  to ensure the maintenance of a range of housing choice,

(d)  to facilitate the conservation of items and areas of heritage significance,

(e)  to provide for a limited range and scale of non-residential land uses to serve the local population’s needs, being uses which are compatible with residential amenity and heritage values.

23 Development within the Residential zone

(1)  Consent is not required for development which is listed as Exempt Development in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999.

(2)  Within the Residential zone, development for the purpose of the following may be carried out, but only with development consent:

advertisements,

advertising structures,

boarding houses,

child care centres,

educational establishments,

hotels,

medical and dental surgeries (up to a maximum floor space area of 150 square metres),

open space,

places of public worship,

public utility installations,

pubs,

refreshment rooms,

residential buildings (other than dwelling houses),

serviced apartments,

shops (including grocery and convenience stores),

streets,

temporary uses for any purpose.

(3)  Any other development is prohibited within the Residential zone, unless it is development to a class 1 dwelling, listed as Complying Development in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999.

cl 23: Am 7.5.1999; 10.3.2000.

Division 5 Maritime and Transport zone

24 Objectives of the Maritime and Transport zone

The objectives of the Maritime and Transport zone are:

(a)  to facilitate the continued operation of port activities, water-based transport services, rail and related transport services, and naval and other maritime activities,

(b)  to provide for the efficient operation of the primary land uses for this zone, namely:

(i)  port (cargo and passenger) and related landside activities at North Darling Harbour berths 3–10,

(ii)  ferry and charter boat services at Circular Quay, in a manner consistent with the identification of Circular Quay as a Special Area,

(iii)  the Royal Australian Navy’s Fleet Base at Woolloomooloo and Garden Island, and the Department of Defence’s dockyard and facilities at Garden Island, and

(iv)  rail and related services at Central Railway yards and near the approaches to the Sydney Harbour Bridge,

(c)  to facilitate the conservation of items and areas of heritage significance,

(d)  to provide opportunities for a range of additional uses on particular sites.

cl 24: Am 28.11.1997.

25 Development within the Maritime and Transport zone

(1)  Within the Maritime and Transport zone, development for the purpose of the following may be carried out without development consent:

aids to navigation,

commercial port operations,

dredging,

jetties,

naval activities,

pontoons,

reclamation,

sea walls,

streets,

temporary uses on land owned by or under the care, control and management of the Council,

wharves.

(2)  Within the Maritime and Transport zone, development for the purpose of the following may be carried out, but only with development consent:

public utility undertakings,

temporary uses for any purpose,

workshops.

(3)  Within the part of the Maritime and Transport zone outlined in red and annotated (i) on the Zoning Map, development for the purpose of the following may be carried out, but only with development consent:

advertisements,

advertising structures,

commercial uses ordinarily incidental or ancillary to the other particular uses listed in this subclause,

conventions,

cultural activities,

exhibitions and like functions,

hotels,

refreshment rooms,

residential buildings,

serviced apartments,

shops,

temporary uses for any purpose,

tourist coach parking or layover,

tourist-related premises,

waterfront-related premises.

(3A)  Within the part of the Maritime and Transport zone outlined in black and shown with black hatching on the Zoning Map, development for commercial purposes, in addition to development for the purpose of anything specified in subclause (3), may be carried out, but only with development consent.

(3B)  Consent must not be granted for development on land within the part of the Maritime and Transport zone outlined in blue and shown with blue hatching on the Zoning 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.

(3C)  Despite subclause (3), within the part of the Maritime and Transport zone outlined in green and shown with green hatching on the Zoning Map, development for the purpose of a residential building is prohibited.

(4)  Within the part of the Maritime and Transport zone outlined in red and annotated (ii) on the Zoning Map, development for the purpose of the following may be carried out, but only with development consent:

advertisements,

advertising structures,

commercial premises,

hotels,

serviced apartments,

shops,

temporary uses for any purpose.

(4A)  Within the part of the Maritime and Transport zone outlined in red annotated (v) on the Zoning Map, development for the purpose of the following may be carried out, but only with development consent:

advertisements,

advertising structures,

conventions, exhibitions and like uses,

temporary uses for any purpose,

tourist coach parking or layover.

(5)  Within the part of the Maritime and Transport zone at Circular Quay and Central Railway Terminal building, development for the purpose of the following may be carried out, but only with development consent:

advertisements,

advertising structures,

refreshment rooms,

shops,

temporary uses for any purpose.

(6)  Any other development is prohibited within the Maritime and Transport zone.

(7)  Consent must not be granted to development referred to in subclause (3) or (3A) unless the consent authority is satisfied that the pattern and location of roads and pedestrian thoroughfares is generally in accordance with that shown on the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 1)—Road and Pedestrian Thoroughfare Map”.

(8)  In determining site area for the purpose of calculating the floor space ratio of buildings on a site that includes land shown uncoloured on the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 1)—Floor Space Ratio Map”, the area of the land so shown is to be excluded from the site area.

(9)  In determining floor space area for the purpose of calculating the floor space ratio of buildings on a site that includes land shown hatched black on the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 1)—Zoning Map”, floor space that will be permanently occupied by a tourist coach and bus parking layover facility on the site may be excluded by the consent authority from the floor space area, subject to subclause (10).

(10)  The exclusion can reduce the floor space area of the buildings so that the floor space ratio calculated is less than the floor space ratio of the buildings that would otherwise have been calculated by up to, but not more than, 1.0:1. The extent of the exclusion is to be in proportion to the extent to which the layover facility will, in the opinion of the consent authority, contribute to servicing the needs of the City for tourist coach and bus parking layover facilities.

cl 25: Am 28.11.1997; 1.5.1998; 7.5.1999.

Division 6 Parks and Community Places zone

26 Objectives of the Parks and Community Places zone

The objectives of the Parks and Community Places zone are:

(a)  to facilitate continued provision and enhancement of parks and community places, including places in private ownership utilised by the community, as the primary use within this zone,

(b)  to identify existing publicly and privately owned elements of importance for community use, including significant buildings and their parkland or freestanding settings,

(c)  to facilitate the conservation of items and areas of heritage significance,

(d)  to provide for the expansion or redevelopment of existing uses and buildings (including existing underground uses and underground buildings) associated with railway stations, if the expansion or redevelopment is consistent with their primary purposes and the other objectives of this zone,

(e)  to better integrate roads with surrounding or adjoining parks and community places,

(f)  to facilitate continued public access to land and buildings within this zone.

cl 26: Am 1.5.1998.

27 Development within the Parks and Community Places zone

(1)  Consent is not required for development which is listed as Exempt Development in the Central Sydney Development Control Plan 1996 Amendment No 10, adopted by Council on 20 December 1999.

(2)  Within the Parks and Community Places zone, development (other than development in accordance with a plan of management referred to in sub-clause (1)) for the purpose of the following may be carried out, but only with development consent:

buildings used for cultural activities, landscaping and gardening, or recreational facilities,

car parking,

kiosks,

refreshment rooms,

roads, which are consistent with a plan of management (if any),

shops and commercial premises associated with underground railway stations,

signs incidental or ancillary to another permitted use,

temporary uses for any purpose,

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 a plan of management (if any),

other land uses which the consent authority is satisfied are incidental or ancillary to the land uses which may be lawfully carried out within the zone.

(3)  Within the curtilage of the building within the part of the Parks and Community Places zone outlined in red and annotated (iii) on the Zoning Map, development for the purpose of the following may also be carried out, but only with development consent:

coach and bus parking or layover and associated facilities, including shops, information facilities, refreshment rooms and ancillary uses.

(4)  Within the Parks and Community Places zone, below the plaza ground surface as at the commencement of this Plan, on Lot 2, DP 225060, (being part of the land bounded by George Street, Curtin Place, Pitt Street and Bond Street, Sydney, and known as Australia Square), any development (including development for the purpose of advertisements, advertising structures and temporary uses for any purpose) may be carried out, but only with development consent.

(4A)  On land within the Parks and Community Places zone adjacent to Macquarie Street and including the site of the Conservatorium of Music, being the land shown edged heavy black on the map titled “Land Affected by Conservatorium Redevelopment”, identified by Catalogue No 53305 and lodged in the Head Office of the Department of Public Works and Services at Sydney, development for the purpose of the following may be carried out, but only with development consent:

educational establishments,

libraries and bookshops,

machines used for selling food and drinks or for automatic banking.

(5)  Any other development is prohibited within the Parks and Community Places zone.

(6)  The consent authority, in considering a development application for land within the Parks and Community Places zone owned or controlled by the Council or another public authority, must have regard to each of the following:

(a)  the need for the development on the land,

(b)  the impact of the proposed development on the existing or likely future use of the land,

(c)  the need to retain the land for its existing or likely future use.

cl 27: Am 1997 No 131, Sch 2; 1.5.1998; 7.5.1999; 10.3.2000.

28 Residential development on Wharf 11, Woolloomooloo

(1)  Despite clause 27, development for any residential purpose may be carried out, but only with development consent, on land within the Parks and Community Places zone that is outlined in red and annotated (iv) on the Zoning Map.

(2)  Consent for any such development on the land may be granted only if the consent authority is satisfied that:

(a)  the proposed development will have little or no adverse effect on the amenity of land in the vicinity of the proposed development, and

(b)  conservation of the Finger Wharf would be assisted were the proposed development to be carried out, and

(c)  no portion of buildings, including plant, will exceed a height of RL 10 metres exclusive of any public viewing platforms.

(3)  The floor space area of all buildings on the land must not result in a floor space ratio that exceeds 0.913:1, of which the floor space area used otherwise than for car parking must not account for more than 0.65:1 and the floor space area used only for car parking must not account for more than 0.263:1.

Part 3A Urban form and design excellence

pt 3A: Ins 3.3.2000.

Division 1 Urban form

pt 3A, div 1: Ins 3.3.2000.

28A Objectives for development plans

The objectives for development plans in Central Sydney are as follows:

(a)  to promote design excellence in terms of urban form, massing, bulk and architectural treatment,

(b)  to provide an analysis of site constraints and opportunities that can form the basis for determining the most appropriate floor space ratio and height, within the limits set by this Plan, and the most appropriate form of development, for certain sites,

(c)  to promote design concepts for certain sites that ensure separation between tower forms,

(d)  to provide for a high quality amenity to the streets of Sydney and to uses located to the side and rear of certain mid block sites.

cll 28A: Ins 3.3.2000.

28B Development plans

(1)  This clause applies to the following development:

(a)  any development comprising the erection of a building exceeding 55 metres in height, or

(b)  any development on a site exceeding 1 500 square metres in area,

(c)  any development on the land comprising Wharves 9 and 10, Darling Harbour,

(d)  any development on the land comprising Carlton and United Brewery site, Chippendale, as outlined in red and annotated (iv) on the Height Map,

(e)  any development on the land comprising Central Railway—Western Precinct, as outlined in red and annotated (ii) on the Zoning Map.

(2)  Except as provided by subclauses (4) and (5) and clause 28C (5), consent must not be granted for development to which this clause applies unless:

(a)  a development plan is in force for the land on which the development is proposed to be carried out, and

(b)  the consent authority is satisfied that the development is consistent with that development plan.

(3)  A master plan for the development of:

(a)  the land comprising Wharves 9 and 10, Darling Harbour, or

(b)  the land comprising Central Railway—Western Precinct,

as in force for the purposes of clause 17 immediately before the commencement of Central Sydney Local Environmental Plan 1996 (Amendment No 8), is taken to be a development plan for the development of that land.

(4)  The consent authority may waive compliance with the requirements of subclause (2):

(a)  for any alterations or additions to an existing building that in the opinion of the consent authority, do not significantly increase the existing floor space ratio or height of the building, do not substantially impact upon adjoining buildings and are not visible from the street, and

(b)  for any change of use, extended hours of operation or temporary use for an existing building,

(c)  for the strata subdivision of an existing building,

(d)  for any other development that, in the opinion of the consent authority, is of a similar nature to development referred to in paragraph (a), (b) or (c), and

(e)  for any other development for which the consent authority considers there are sufficient reasons to waive compliance with those requirements.

(5)  In the case of staged development for which consent has been granted in accordance with section 80 (4) of the Act (being development the subject of a development application that addresses the matters set out in clause 28C (2)):

(a)  a development plan is not required for the development, and

(b)  the consent for the development is taken to be a development plan.

cll 28B: Ins 3.3.2000.

28BA Use of development plans to achieve different standards

(1)  This clause applies to land at Regent Street (South) as outlined in solid red and annotated (vi) on the Height Map and outlined in solid red and annotated (i) on the Floor Space Ratio Map.

(2)  Consent may be granted for development that will result in a building that exceeds the height or floor space ratio shown on those maps, or exceeds both that height and that floor space ratio, if:

(a)  a development plan is in force for the land on which the development is proposed to be carried out, and

(b)  the consent authority is satisfied that the development is consistent with that development plan.

(3)  Nothing in this Plan allows consent to be granted for development on land to which this clause applies that will result in a building with:

(a)  a height that is greater than 15 metres, or

(b)  a floor space ratio that is greater than 1:1 above the floor space ratio shown for the land on the Floor Space Ratio Map.

cl 28BA: Ins 19.10.2001. Am 23.11.2001.

28C General requirements for development plans

(1)  A draft development plan may be prepared for a single site or for multiple sites:

(a)  by the owner of the site or sites, or by a person authorised by the owner, in consultation with the consent authority, or

(b)  by the consent authority in consultation with the owner of the site or sites, or with a person authorised by the owner.

(2)  A development plan may be adopted by the consent authority only if it is satisfied that the plan adequately addresses the following matters and proposes high quality development with a floor space ratio and height appropriate for the site and context:

(a)  design response to an analysis of the site and its context,

(b)  site amalgamation, having regard to the site’s size and location, to sites included or excluded from amalgamation and to the impact on the development potential of adjoining sites,

(c)  uses, use mix and subdivision patterns,

(d)  sensitivity to heritage issues and streetscape constraints,

(e)  tower location on the site, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(f)  bulk, massing and modulation of buildings,

(g)  street frontage heights,

(h)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(i)  pedestrian, cycle, vehicular and service access, circulation and requirements,

(j)  impact upon, and improvements to, the public domain,

(k)  design excellence, having regard to clause 28D and particularly the processes referred to in clause 28D (2) (c) and (d),

(l)  compliance with the other requirements of this Plan.

The floor space ratio and height of any building must comply with Parts 4 and 5 of this Plan.

(3)  Before considering a draft development plan, the consent authority:

(a)  must give notice of, and advertise, the draft plan in accordance with clauses 56 and 57 in the same way, and to the same persons, as notice of a development application is required to be given and advertised under those clauses, and

(b)  must take into account any written submissions made in response to the notice.

(4)  After considering a draft development plan, the consent authority:

(a)  may adopt the plan without variation, or

(b)  may adopt the plan with such variation as it considers appropriate, or

(c)  may refuse to adopt the plan, or

(d)  may prepare an alternative development plan.

(5)  If no decision has been made by the consent authority in relation to a draft development plan prepared by the owner of land (or by a person authorised by the owner of land) within 60 days after the draft plan was lodged with the consent authority for adoption:

(a)  the consent authority must determine any development application made in respect of the land after the expiration of that period even though no development plan has been adopted, and

(b)  in doing so, may grant consent to such an application only if it is satisfied that it addresses the matters set out in clause 28C (2).

(6)  A draft development plan becomes a development plan when it is adopted by the consent authority.

(7)  Notice of the adoption of a development plan must be given to the owner of the land to which it relates.

(8)  A development plan has effect for 3 years from the date on which it is adopted or for such other period as the consent authority may from time to time determine.

(9)  When a development plan is adopted by the consent authority, the applicant must provide the consent authority with a copy of the development plan, incorporating any alterations adopted by the consent authority, to be kept as part of a register by the consent authority available for public inspection.

(10)  A development plan may be amended from time to time by a further development plan.

(11)  The consent authority may waive compliance with the requirements of subclause (3) in relation to an amending development plan if it is of the opinion that the amendment is of a minor nature that does not affect any provisions of the development plan being amended in relation to floor space ratio, height or bulk.

cl 28C: Ins 3.3.2000.

Division 2 Design excellence

pt 3A, div 2 (cl 28D): Ins 3.3.2000.

28D Design excellence

(1)  In determining a development application for a new building or for external alterations to an existing building, the consent authority must consider whether the proposed development exhibits design excellence.

(2)  In the case of a building on land for which a development plan is in force, the consent authority must consider the following matters:

(a)  whether a high standard of architectural design, materials and detailing will be achieved appropriate to the building type and location, and

(b)  whether the form and external appearance of the building will improve the quality and amenity of the public domain, and

(c)  whether the design for the building is the result of a competitive process that facilitates design excellence, and

(d)  whether there is a process which ensures continuity and demonstrates that the approved design, both in concept and detail, will be realised in the completed building and that the design quality will not be diminished in its translation.

(3)  The consent authority may impose conditions on its consent to give effect to the matters referred to in subclause (2).

(4)  The consent authority may disregard subclause (2) (c) and (d) if of the opinion that the intent of those paragraphs is achieved by the relevant development plan.

(5)  In considering subclause (2) (c), the consent authority may have regard to whether the building has been designed as the result of a design competition that:

(a)  is consistent with any relevant development plan, and

(b)  satisfies the requirements for design competitions in any relevant development control plan.

(6)  If the consent authority is satisfied that the proposed development exhibits design excellence and is the result of a design competition referred to in subclause (5), it may reduce the amount of heritage floor space that is required to be allocated to the development under clause 45 by 50 per cent.

pt 3A, div 2 (cl 28D): Ins 3.3.2000.

Part 4 Height of buildings

29 Objectives for the control of height of buildings

(1)  The objectives for the control of the height of buildings in Central Sydney are:

(a)  to allow sunlight access to key areas of the public domain by ensuring that:

(i)  further overshadowing of certain parks and community places is avoided or limited during nominated times, and

(ii)  existing overshadowing of certain parks and community places is reduced in the long term,

(b)  to provide a transition of building heights between localities and street blocks,

(c)  to provide a high quality urban form for all buildings, maintaining satisfactory sky exposure and daylight:

(i)  to the public areas of Sydney, including the parks, places, streets and lanes, and

(ii)  to existing buildings and to the sides and rear of tower forms,

(d)  to confine ground level wind speeds to velocities which ensure pedestrian comfort and amenity of the public domain,

(e)  to allow for and promote the ventilation of the city by the free movement of air around and between tower structures,

(f)  to provide sun access to significant sandstone buildings in Special Areas in order to improve the ground level environmental quality of public spaces,

(g)  to nominate heights which integrate with existing building heights in Special Areas,

(h)  to nominate heights which will provide a transition in built form and land use intensity between the City Centre zone and adjoining lower scale localities within and adjacent to Central Sydney,

(i)  to provide for view sharing along the edges of Central Sydney,

(j)  to ensure an appropriate height relationship between new development and heritage items or heritage streetscapes.

cl 29: Am 3.3.2000.

30 Sun access planes

(1)  Development that results in any part of a building projecting above a sun access plane for a park or community place identified in the Table to Schedule 4 is prohibited if the building is situated on land shown on the Height Map as affected by the sun access plane.

(2)  Any part of a sun access plane identified as plane B2, F2 or I2 in the Table to Schedule 4 that is directly beneath part of another sun access plane identified as plane B1, F1 or I1 in that Table is to be disregarded for the purposes of this clause.

(3)  This clause does not apply to development resulting only in refurbishment of a building.

(4)  State Environmental Planning Policy No 1—Development Standards does not apply to any requirement made by this clause, except the requirement imposed by this clause relating to the sun access planes for:

(a)  Pitt Street Mall—identified as planes F1 and F2 in the Table to Schedule 4, and

(b)  Martin Place—identified as plane E in the Table to Schedule 4 but only:

(i)  to the extent that this clause applies to the land, and to a building within the envelope, illustrated in Schedule 4A, and

(ii)  for the purposes of development generally in accordance with the proposal set out in Development Application No D/98/00399 deposited in the office of the Council.

cl 30: Am 11.12.1998.

31 No additional overshadowing

(1)  Development is prohibited if it results in a building that causes overshadowing, in addition to that existing at the commencement of this Plan, in any of the following parks or community places between 14 April and 31 August in any year during the 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

(2)  State Environmental Planning Policy No 1—Development Standards does not apply to any requirement made by this clause, except in relation to overshadowing of Australia Square, Chifley Square, First Government House Place and Sydney Town Hall steps.

(3)  Within the Parks and Community Places zone, this clause does not apply to any development that is not inconsistent with an exhibited or adopted Plan of Management (if any).

(4)  This clause is subject to clause 33.

cl 31: Am 11.12.1998; 7.5.1999.

32 Height of buildings

(1)  The height of a building on any land is not to exceed 55 metres unless otherwise permitted by the consent authority in accordance with a development plan and within the heights indicated on the Height Map.

(1A)  The achievement of the maximum height shown on the Height Map is subject to compliance with:

(a)  the floor space ratio, development plan and design excellence provisions and other provisions of this Plan, and

(b)  the provisions of Central Sydney Heritage Local Environmental Plan 2000.

(2)  The height of a building resulting from the replacement or alteration of a building on land identified by the notation ‘Existing Height’ on the Height Map is not to exceed the existing height of the building that is replaced or altered.

(3)  The height of any building on land in the Parks and Community Places zone or the Maritime and Transport zone is not to exceed a height determined by the consent authority as being consistent with the height of existing buildings on the subject site and on adjoining land. This subclause is subject to clause 28 (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.

(4)  The height of any building on land outlined in solid red and annotated (ii) on the Height Map is not to exceed:

(a)  RL 45 metres north of the Moore Stairs, or

(b)  RL 46.7 metres south of the Moore Stairs.

(5)  The height of any building on land outlined in solid red and annotated (iii) on the Height Map is not to exceed RL 28.6 metres.

(6)  The height of any building on land outlined in solid red and annotated (iv) on the Height Map must, in the opinion of the consent authority, complement the height of buildings on adjacent land.

(7)  Despite subclause (1), the height of any building resulting from the carrying out of development on land shown outlined in solid red and annotated (V) on the Height Map may exceed the 80 metre height limit shown on that Map, but only if the development application for consent to the development is lodged no later than on 31 March 2002 and the consent authority is satisfied that:

(a)  when carried out, the development will be generally consistent with the winning entry of the architectural competition (submitted by Richard Johnson, Architect, and known as “the JPW amended scheme”) held under the provisions of Part 12 of Central Sydney Development Control Plan 1996, and

(b)  the use of any new building or buildings on the land will be commercial, and

(c)  the floor space area of all buildings on the land will not exceed 111,291 square metres, and

(d)  the street frontage height along Kent Street will not exceed RL 45 metres, and

(e)  the height of the tower buildings will not exceed RL 145 metres to Kent Street and RL 110 metres to Sussex Street, and

(f)  the massing of the tower buildings will provide an acceptable slenderness ratio to all elevations. Specifically, the length above the street frontage of the Kent Street elevation of the northern proposed building must not exceed 61.5 metres (excluding fins or decorative elements) and the length above the street frontage of the Sussex Street elevation of the southern proposed building must not exceed 66.5 metres (excluding fins or decorative elements), and

(g)  no more than 650 short stay public car parking spaces will be provided in the building which will be located below the level of Kent Street and screened by active uses from any public or pedestrian space, and

(h)  no structure will be constructed underground on land to which this subclause applies that is shown shaded on the Height Map, and

(i)  Sussex Lane will be appropriately connected to Kent Street from Sussex Street, and

(j)  an appropriate street or mid-block connection will be provided between Kent Street and Sussex Street.

(8)  Clause 2.12. E of Central Sydney Development Control Plan 1996 does not apply to any development application to which subclause (7) applies.

(9)  Despite subclause (1), the consent authority may, in accordance with clause 28BA, consent to development that will result in a building on land at Regent Street (South) as outlined in solid red and annotated (vi) on the Height Map with a height of not more than 15 metres.

cl 32: Am 3.3.2000; 19.10.2001; 23.11.2001.

32A Architectural roof features

A person may, with development consent, carry out development in contravention of clause 30, 31 or 32 that results in an architectural roof feature, but only if the consent authority is satisfied that the architectural roof feature:

(a)  comprises a decorative element on the upper most portion of a building, and

(b)  does not include floor space area and is not reasonably capable of modification to include floor space area, and

(c)  does not provide access for recreational purposes, and

(d)  is not a structure for signage or advertising, and

(e)  does not contain equipment or structures for servicing the building, such as plant, lift motor rooms, fire stairs and the like, and

(f)  is an integral part of the design of the building in its context, and

(g)  will have minimal overshadowing impact, and

(h)  does not create a precedent that will have the potential to substantially weaken the height controls in this Plan, taking into account the purpose of the height controls, and

(i)  provides a significant public benefit.

cl 32A: Ins 11.12.1998.

33 Height of buildings on a Category A or B site

(1)  The consent authority may consent to development that will result in a building projecting above a sun access plane for a park or community place if:

(a)  the site of the building is a site nominated as Category A in Schedule 5, and

(b)  the building would reduce the excess overshadowing of the park or community place by at least 50 per cent.

Excess overshadowing of a park or community place is the area of shadow cast by so much of a building as projects above the sun access plane for the park or place.

(2)  A building on a site nominated as Category B in Schedule 5 may project above a sun access plane that affects the Category B site, but only if the height of the building does not exceed the height of any building situated on the corresponding site nominated as a Category A site in that Schedule.

Part 5 Floor space ratios

34 Objectives for floor space ratio controls

The objectives for the control of floor space ratios in Central Sydney are:

(a)  to ensure a degree of equity in relation to development potential for sites of different sizes and for sites located in different parts of Central Sydney,

(b)  to ensure that proposals for new buildings are assessed with due regard to the development plan, design excellence, urban design and built form provisions of this Plan,

(c)  to provide a framework for the award and allocation of heritage floor space,

(d)  to provide sufficient floor space for all quality development for the foreseeable future,

(e)  to encourage the provision of residential and visitor accommodation,

(f)  to encourage the provision of certain uses and facilities which provide a public benefit,

(g)  to regulate the density of development and generation of vehicular and pedestrian traffic,

(h)  to regulate the density of development and generation of vehicular and pedestrian traffic.

cl 34: Am 3.3.2000.

35 Maximum floor space ratios—generally

(1)  The floor space ratio of a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(1A)  The achievement of the floor space ratio shown on the Floor Space Ratio Map is subject to compliance with:

(a)  the height, development plan and design excellence provisions and other provisions of this Plan, and

(b)  the provisions of Central Sydney Heritage Local Environmental Plan 2000.

(1B)  Notwithstanding subclause (1), the consent authority may consent to a development that will result in a building on a site within the City Centre Zone that has a floor space ratio (additional to the ratio provided for by subclause (1)) up to the following maximum:

(a)  in Area A1 shown on the Floor Space Ratio Map:

(i)  4.5:1 for commercial uses, and

(ii)  6:1 for residential, serviced apartment and hotel uses, or for a mixed use development determined in accordance with Schedule 6, and

(b)  in Area A2 shown on the Floor Space Ratio Map (if consent is granted before 1 January 2002):

(i)  3.0:1 for commercial uses, and

(ii)  4.0:1 for residential, serviced apartments and hotel uses, or for a mixed-use development determined in accordance with Schedule 6, and

(c)  in Area A2 shown on the Floor Space Ratio Map (if consent is granted on or after 1 January 2002):

(i)  2.0:1 for commercial uses, and

(ii)  3.0:1 for residential, serviced apartments and hotel uses, or for a mixed-use development determined in accordance with Schedule 6, and

(d)  in Area B shown on the Floor Space Ratio Map, 1:1 for residential and serviced apartments uses.

(1C)  Subclause (1B) applies only if:

(a)  the building complies with the height, urban design and other provisions of this Plan, and

(b)  the additional floor space is consistent with any relevant development plan and the design excellence provisions of this Plan, and

(c)  heritage floor space is allocated to the site in accordance with clause 45.

(1D)  Despite subclause (1), the consent authority may, in accordance with clause 28BA, consent to development that will result in a building on land at Regent Street (South) outlined in solid red and annotated (i) on the Floor Space Ratio Map with a floor space ratio of not more than 1:1 above the floor space ratio shown for the land on that map.

(2)  The floor space ratio of a building in the Parks and Community Places zone or the Maritime and Transport zone is not to exceed that, if any, determined for the building by the consent authority.

(3)  If an underground space within a building within the City Centre zone was being used at the commencement of this Plan for the purpose of car parking, that part of the building may, with development consent, be used for any other purpose even though:

(a)  the building would then have a floor space ratio greater than the maximum floor space ratio without the allocation of heritage floor space that would otherwise be allowed for the building by this clause or clause 36, and

(b)  no heritage floor space is allocated to the site.

cl 35: Am 3.3.2000; 19.10.2001.

36 Maximum floor space ratios—mixed use development

Notwithstanding clause 35 (1), the floor space ratio of a mixed use development on land in areas other than Areas A1 and A2 shown on the Floor Space Ratio Map is not to exceed that determined for the building in accordance with Schedule 6.

cl 36: Am 7.5.1999. Subst 3.3.2000.

37–39 (Repealed)

cll 37–39: Rep 3.3.2000.

39A Temporary incentive for development of dormant sites

(1)  This clause applies to a development application lodged before 31 July 1998 for consent for the erection of a building on a site listed in Schedule 6A (a dormant site), but only if clause 45 provides that the consent authority must be satisfied that a condition of the development consent will require an amount of heritage floor space to be allocated to the dormant site before it can grant the application.

(2)  That amount of heritage floor space is reduced to one half for a development application to which this clause applies, subject to subclause (3).

(3)  The reduction applies only if the Director, City Development, of the Council is satisfied that the structural frame and external cladding of the proposed building can be completed before 30 June 2000 and the consent authority is satisfied that:

(a)  the structural frame and external cladding of the proposed building and the street level works (including any repaving of footpaths, removal of hoardings and other like works) associated with the proposed building will be required to be completed before 30 June 2000 by a condition of the consent, and

(b)  the full amount of heritage floor space that, in the absence of subclause (2), would be required by clause 45 to be allocated to the dormant site will be allocated to the site if the structural frame and external cladding of the proposed building and those works are not completed by that date.

cl 39A: Ins 17.4.1998.

40, 41 (Repealed)

cl 40: Am 7.5.1999. Rep 3.3.2000.

cl 41: Rep 3.3.2000.

42 Higher floor space ratios for Opportunity Sites and certain colonnades

(1)  The consent authority may consent to:

(a)  additions to the lower levels of existing buildings on an Opportunity Site listed in Schedule 7 and illustrated on the map in that Schedule, or

(b)  the infilling of a colonnade,

which would result in the creation of floor space additional to that allowed by the maximum floor space ratio set by clause 35 if the additional floor space would, in the opinion of the consent authority, improve the public amenity.

(2)  The amount of additional floor space to be permitted must be determined having regard to the extent to which the development proposed is, in the opinion of the consent authority, consistent with the provision of:

(a)  improved pedestrian and disabled access between the street and the existing buildings, and

(b)  increased opportunities for active pedestrian use and enjoyment of the space between the street and the existing buildings, and

(c)  improved amenity, including personal security, traffic safety and weather protection, and

(d)  improved scale relationship between the buildings and pedestrians using the buildings and places in the vicinity, and

(e)  increased continuity and visual consistency of the street wall.

(3)  Such a consent may be granted only if the consent authority is satisfied that:

(a)  an amount of heritage floor space equal to the amount of the additional floor space permitted will be allocated to the Opportunity Site or site of the colonnade, and

(b)  the development proposed is not an extensive redevelopment of the Opportunity Site or site of the colonnade.

43 Calculation of floor space for buildings adjacent to certain land within the Parks and Community Places zone

(1)  This clause applies to the following parcels of land:

(a)  Lots 1 and 2, DP 225060, being land bounded by George Street, Curtin Place, Pitt Street and Bond Street, Sydney,

(b)  Lot 1, DP 108385, being land bounded by Goulburn Street, Riley Street, Campbell Street, Hunt Street and Brisbane Street, Surry Hills,

(c)  Brickfield Place, being land on the northern side of Liverpool Street, Sydney.

(2)  In calculating the floor space ratio of a building within a parcel to which this clause applies, all land within the Parks and Community Places zone that is within the parcel and is in the same ownership as the site of the building is taken to be within the site area of the proposed development.

43A Calculation of floor space for amalgamated sites

(1)  This clause applies to land that is subject to a development application that relates to more than one parcel of land.

(2)  For the purpose of calculating the floor space ratio of the proposed development, the site area includes:

(a)  any parcel of land on which development is proposed to be carried out, and

(b)  any other parcel of land, if, even though no development is proposed to be carried out on it, the consent authority is of the opinion that it is nevertheless an integral part of the site area and of the proposed development,

but the consent authority may exclude a parcel referred to in paragraph (a) or (b) from the site area if it is satisfied that:

(c)  the resulting development on the parcel is excessive, and

(d)  the resulting development does not meet urban design criteria for the site, and

(e)  it is in the public interest to exclude the parcel.

(3)  Despite subclause (2), for the purpose of calculating the floor space ratio of the proposed development, the site area will only include a parcel of land that contains a building that is proposed to be retained if:

(a)  in the case of a building listed in Schedule 1 to Central Sydney Heritage Local Environmental Plan 2000, the development proposed includes conservation works consistent with a conservation plan for that building approved by the consent authority, or

(b)  in any other case, the consent authority is satisfied that the retained building is to be refurbished or redeveloped in a manner consistent with the provisions of this Plan and the provisions of Central Sydney Development Control Plan 1996 and will provide a significant contribution to the development and the streetscape.

(4)  The consent authority may grant consent to a development application, where several parcels of land have been included in the site area, if a condition of consent is imposed that requires the applicant:

(a)  to consolidate the parcels into a single title and to place a covenant on the title (or titles) of those parcels of land where a building has been retained, as referred to in subclause (3), that limits the floor space ratio of that parcel to that approved under the consent, or

(b)  to place a covenant on the title (or titles) of those parcels of land where a building has been retained, as referred to in subclause (3), that limits the floor space ratio of that parcel to that approved under the consent.

cl 43A: Ins 7.5.1999. Am 7.4.2000.

44 Objectives for the award and allocation of heritage floor space

The objectives of this Plan in relation to the award and allocation of heritage floor space are:

(a)  to assist and encourage the conservation of heritage buildings within Central Sydney through the award of heritage floor space, and

(b)  to complement the aims and objectives of Central Sydney Heritage Local Environmental Plan 2000.

cl 44: Am 7.4.2000.

45 Award and allocation of heritage floor space

(1)  When an application is made for consent to development that the consent authority is satisfied includes the conservation of a heritage building on a site within Central Sydney, the consent authority may award the owner of the heritage building or a person nominated by the owner an amount of heritage floor space.

(2)  The consent authority may grant consent to a development within the City Centre Zone on a site in Area A1, A2 or B shown on the Floor Space Ratio Map (whether or not it is the site of a heritage building) which will result in a building with a floor space ratio that exceeds the floor space ratio shown on the Floor Space Ratio Map, but only if it grants consent subject to a condition requiring the allocation of heritage floor space to the site.

(3)  The amount of heritage floor space required to be allocated to a site by such a condition must be equal to half the difference between:

(a)  the maximum floor space for the site, calculated by reference to the floor space ratio for the site as shown on the Floor Space Ratio Map, and

(b)  the floor space area of the building that will result from carrying out the development on the site in accordance with the consent.

(3A)  Subclauses (2) and (3) do not apply to the erection of a building that does not exceed 55 metres in height.

(4)  Heritage floor space may be allocated to a site only with the agreement of the person awarded the heritage floor space or another person whose entitlement to agree has been notified in writing to the Council by the person last entitled to agree.

(5)  This clause does not allow heritage floor space to be awarded in relation to a heritage building:

(a)  if the area occupied by the heritage building has previously been or is included as part of a site area for the purpose of calculating the floor space ratio of another building or of a proposed building for which a development consent is current, or

(b)  if an amount of floor space available for use in a building on another site has already been awarded in relation to the heritage building either under this clause or before the commencement of this Plan pursuant to any other incentive scheme administered by the Central Sydney Planning Committee or the Council to encourage conservation of the heritage building.

(6)  Any floor space awarded pursuant to such an incentive scheme is taken to be heritage floor space for the purposes of this Plan whether or not it was allocated for use in a building before the commencement of this Plan.

(7)  After heritage floor space has been awarded in relation to a heritage building, the part of the site occupied by the building is to be excluded from the site area for the purpose of calculating the floor space ratio of buildings on a site that includes the heritage building.

cl 45: Am 3.3.2000.

46 Significant public benefit

(1)  The consent authority may grant consent to development that provides a use or facility which, in the opinion of the consent authority, is a significant public benefit, without the need to impose a condition of the kind referred to in clause 45 (2) in relation to the floor space area of such a use or facility.

(2)  A use or facility which is a significant public benefit includes:

(a)  a historic club,

(b)  a cinema, recital hall or theatre for use by the public, or

(c)  a mid-block connection required by this Plan,

where, in the opinion of the consent authority, the use or facility is appropriate to the development and its location and meets an important need in the city.

cl 46: Am 7.5.1999. Subst 3.3.2000.

Part 6 Car parking

47 Objectives for car parking controls

The objectives of the car parking controls of this Plan are:

(a)  to acknowledge that public transport is the most important and efficient means of moving people to and within Central Sydney, and

(b)  to encourage commuting by public transport to Central Sydney in order to reduce the number of motor vehicles travelling through and to Central Sydney, and to improve overall environmental quality and pedestrian amenity, and

(c)  to improve the attractiveness and competitiveness of Central Sydney for retail and commercial activities by providing a reasonable level of tenant and short-stay public car parking whilst discouraging commuter car parking, and

(d)  to encourage residential development in Central Sydney, and

(e)  to minimise adverse urban design impacts, in particular by discouraging the provision of above ground parking, and

(f)  to minimise adverse traffic impacts, in particular conflicts between pedestrian and vehicular traffic, and

(g)  to ensure that tenant car parks are not occupied by persons other than occupiers of the building or land on which the car park is situated.

cl 47: Am 9.8.1999.

48 Car parking provisions

(1)  The number of car parking spaces in a development is not to exceed the total calculated for each use in that development, in accordance with the Table to this clause.

(2)  The consent authority may approve car parking spaces for a use in excess of the number allowed under subclause (1) only if:

(a)  on-site tenant car parking, for the same use, was lawfully in existence at the commencement of this Plan for a number of car parking spaces in excess of that allowed by subclause (1), and

(b)  the proposed car parking in excess of that allowed by subclause (1) is to be used only for tenant and service car parking, and not for public car parking, and

(c)  the consent authority is satisfied that the proposed car parking in excess of that allowed by subclause (1) will not cause adverse urban design and traffic impacts, and

(d)  the maximum number of car parking spaces for each use is calculated as follows:

 

(3)  The number of car parking spaces calculated in accordance with subclause (1) or (2) is to be:

(a)  exclusive of parking for service and delivery vehicles, motorcycle and bicycle parking, and

(b)  inclusive of car parking for people with mobility impairment, provided in accordance with Australian Standard 2890.1, and any proposed visitor car parking.

(4)  Consent for car parking spaces for a cinema, theatre or recital hall is to be granted by the consent authority only after it has considered the location and availability of existing public car parking in the vicinity of the proposed cinema, theatre or recital hall. Any car parking allowed specifically for a cinema, theatre or recital hall may, with consent, also be available only for short-stay parking during the hours of 9.30 am to 6 pm, but for no other purpose.

(5)  Car parking spaces provided for use in connection with the use of function areas in hotels are to be available only to patrons while using the function facilities and must not be used for public car parking.

(6)  Consent must not be granted for development that includes tenant car parking, unless conditions of the consent provide that the tenant car parking shall not be used or occupied by any person other than a person who resides or works in or visits the building or the land in or on which the car park is located.

Table   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 space per each 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 apartments
Other uses* (* Other uses are uses not specified above)

cl 48: Subst 7.5.1999. Am 9.8.1999.

48A Public car parking provisions

(1) General prohibition against provision of public car parking The carrying out of development for the purpose of providing public car parking is prohibited on all land within Central Sydney, except as provided in subclause (2), (3), (4) or (5).

(2) New public car parks Consent may be granted for public car parks on land where no public car park already exists, but only where the consent authority is satisfied:

(a)  that the public car parking directly services major retail, cultural, recreational or entertainment uses which, in the opinion of the consent authority, are not reasonably serviced by public transport (either existing or planned) or existing public car parking, and

(b)  as to the criteria set out in subclause (6).

(3) Public car parking provisions Consent may be granted to development for the purpose of converting existing tenant car parking that is in excess of the maximum number of parking spaces allowed by clause 48 (1) into public car parking, but only if the consent authority is satisfied as to the criteria set out in subclause (6).

(4) Existing public car parks The prohibition against public car parking contained in subclause (1) does not apply to land:

(a)  on which a public car park already lawfully exists, or

(b)  in respect of which a development consent for a public car park is current.

(5)  Consent may be granted for the erection of, demolition of, or making of additions that (in the opinion of the consent authority) are substantial to, a building located on land on which a public car park already lawfully exists, but only if the consent authority is satisfied that any public car park within the development:

(a)  satisfies the criteria set out in subclause (6), and

(b)  does not result in more public car parking spaces on the land than already lawfully exist, and

(c)  does not exceed the floor space area of the existing public car park.

(6) Criteria The criteria referred to in subclauses (2), (3) and (5) are that the public car park:

(a)  does not prejudice attaining the objectives of this Part, and

(b)  does not encourage commuter car parking nor reduce the proportion of public transport users travelling to the city each day, and

(c)  is used for short-stay public car parking only in accordance with the provisions of the Central Sydney Development Control Plan 1996, and

(d)  is located underground, and

(e)  is included in the floor space area of the building for the purposes of calculation of floor space ratio, and

(f)  is consistent with, and does not compromise, high quality urban design of buildings on the land and adjacent to the land, and

(g)  is not likely to cause or increase adverse pedestrian impacts or local or city-wide vehicular traffic impacts, and

(h)  in the opinion of the consent authority, is not likely to cause or contribute to an unacceptable level of vehicle saturation of intersections in the vicinity, or an unacceptable reduction of environmental capacity of roads in the vicinity, of the public car park.

cl 48A: Ins 9.8.1999.

Part 7 Special Areas

49 Objectives of the controls for Special Areas

The objectives of the controls for Special Areas are:

(a)  to protect Special Areas from development incompatible with the particular character and significance of each Special Area, and

(b)  to reinforce the specific attributes and qualities of the built form of the Special Areas.

50 Identification of Special Areas

Special Areas are considered to be of special significance in terms of the planning management of Central Sydney and are shown on the Special Areas Map.

51 Objectives for each Special Area

The consent authority, in considering a development application for land in or adjoining a Special Area, must have regard to the development plan provisions of this Plan and to the following objectives for the Special Area:

(a)  Millers Point

(i)  to retain and reinforce the residential character and scale of this Special Area,

(ii)  to conserve and reinforce the heritage significance of this Special Area,

(iii)  to limit the amount and type of non-residential uses within this Special Area that are not required to meet residents’ needs.

(b)  York Street

(i)  to conserve and reinforce the heritage significance of this Special Area,

(ii)  to retain and reinforce the built form of this Special Area,

(iii)  to maintain a high level of daylight access to the street by restricting overall building height,

(iv)  to integrate new buildings with the heritage significance of this Special Area by requiring new buildings to be built to the street alignment,

(v)  to encourage residential and related ground level retail and other active street frontage uses which will contribute to the distinctive character of this Special Area.

(c)  Institutional/College Street East

(i)  to recognise the institutional area east of Macquarie Street and College Street as one of Sydney’s pre-eminent public areas characterised by a concentration of heritage buildings which house activities of State and national significance,

(ii)  to require new buildings and land uses to complement the existing mix of uses and to make a positive contribution to the quality of the public domain in this Special Area,

(iii)  to reinforce the urban character and scale of Macquarie Street and College Street by requiring new buildings to be integrated with the form of existing buildings and by limiting the height of new buildings to the prevailing height of existing buildings.

(d)  Haymarket

(i)  to conserve and reinforce the heritage significance of this Special Area,

(ii)  to recognise the unique character, uses and scale of the Haymarket locality,

(iii)  to maintain a high level of daylight access to the street by restricting building height and building bulk,

(iv)  to retain and enhance the urban character and scale of the Haymarket locality by requiring new buildings to be built to the street alignment, to have street frontage heights consistent with the prevailing form of heritage buildings in this Special Area, and to have building setbacks above those street frontage heights.

(e)  Wentworth Avenue East

(i)  to conserve and reinforce the heritage significance of this Special Area,

(ii)  to retain and reinforce the built form of this Special Area,

(iii)  to encourage residential and related ground level retail and other active street frontage uses which will contribute to the distinctive character of this Special Area.

(f)  Circular Quay

(i)  to recognise Circular Quay as a Special Area with a unique character in Central Sydney where Sydney Harbour meets the city by a series of significant public spaces,

(ii)  to protect and extend sun access to the public spaces at Circular Quay,

(iii)  to reinforce the urban character and scale of Circular Quay by requiring new buildings to be built to the street alignment, and to have a transition of building heights from Circular Quay to the maximum building height of the northern area of Central Sydney,

(iv)  to ensure that any development associated with the important transport interchange provided at Circular Quay is consistent with enhancement of the public domain of Circular Quay.

(g)  Bridge Street/Macquarie Place

(i)  to recognise and enhance Bridge Street as one of Sydney’s pre-eminent urban spaces as well as being the locality of heritage buildings which have housed activities of State and national significance,

(ii)  to protect and extend morning sun access to Macquarie Place and sun access to Bridge Street and First Government House Place,

(iii)  to reinforce the quality of the existing built form and streetscape of Bridge Street and Macquarie Place by requiring new buildings to be built to the street alignment, and to have overall building heights which reinforce the existing predominant street frontage height and do not exceed the maximum heights nominated on the Height Map.

(h)  Macquarie Street

(i)  to recognise Macquarie Street as one of Sydney’s pre-eminent public spaces flanked by heritage buildings which house activities of State and national significance,

(ii)  to protect and extend mid-winter lunchtime sun access to Hyde Park, the Royal Botanic Gardens and The Domain,

(iii)  to reinforce the urban character and scale of Macquarie Street by requiring new buildings to be built to the street alignment, to have street frontage heights and building setbacks above street frontage heights consistent with the prevailing form of existing buildings nearby, and to have building setbacks above those street frontage heights.

(i)  Martin Place

(i)  to recognise and enhance Martin Place as one of Central Sydney’s great public and commemorative spaces, and as a valued business location,

(ii)  to protect and extend sun access and reflected sunlight to Martin Place during lunchtime hours from mid-April to the end of August,

(iii)  to conserve and reinforce the heritage significance of this Special Area,

(iv)  to retain and enhance the urban character and scale of Martin Place by requiring new buildings to be built to the street alignment, to have street frontage heights consistent with the prevailing form of buildings adjacent to this Special Area, and to have building setbacks above those street frontage heights.

(j)  Pitt Street Mall

(i)  to recognise and enhance Pitt Street Mall as a key element of Central Sydney’s retail core,

(ii)  to protect and extend lunchtime and late morning sun access to the Pitt Street Mall from mid-April to the end of August,

(iii)  to retain and enhance the urban character and scale of the Pitt Street Mall by requiring new buildings to be built to the street alignment, to have street frontage heights consistent with the prevailing form of existing buildings adjacent to this Special Area, and to have building setbacks above those street frontage heights.

(k)  Wynyard Park/Lang Park

(i)  to recognise Wynyard Park and Lang Park as important elements of the public domain in the northern part of Central Sydney as well as the role of Lang Park as a northern ‘gateway’ to Central Sydney,

(ii)  to protect and extend mid-winter lunchtime sun access to Wynyard Park and Lang Park,

(iii)  to retain the sense of urban enclosure provided to Wynyard Park by the existing buildings by requiring new buildings to be built to the street alignment, and by requiring street frontage heights and setbacks above them to be compatible with the prevailing form of existing buildings surrounding Wynyard Park,

(iv)  to ensure that any development associated with the important public transport interchange provided at Wynyard is consistent with enhancement of the public domain of Wynyard Park.

(l)  Sydney Square, Sydney Town Hall and St Andrew’s Cathedral

(i)  to recognise Sydney Square as the pre-eminent public space for civic events and as a community meeting place,

(ii)  to protect and extend morning sun access to the steps of the Town Hall and lunchtime sun access to Sydney Square,

(iii)  to reinforce the urban character and scale of Sydney Square by requiring new buildings surrounding the Square to be built to the street alignment, to have street frontage heights consistent with the prevailing form of buildings adjacent to this Special Area, and to have building setbacks above those street frontage heights,

(iv)  to ensure that any development associated with the important public transport interchange provided at Town Hall is consistent with enhancement of the public domain of Sydney Square.

(m)  Railway Square

(i)  to recognise the role of Railway Square as the western and southern gateway to Central Sydney,

(ii)  to maintain a high level of daylight access to the street by restricting building height,

(iii)  to reinforce the urban character and scale of Railway Square by requiring new buildings surrounding the Square to be built to the street alignment, to have street frontage heights consistent with the prevailing form of buildings adjacent to this Special Area, and to have building setbacks above those street frontage heights,

(iv)  to ensure that any development associated with the important public transport interchange provided at Railway Square is consistent with enhancement of the public domain of Railway Square.

cl 51: Am 3.3.2000.

Part 8 Control of demolition

52 Consent for demolition

(1)  The demolition of a building within Central Sydney may be carried out only with development consent.

(2)    (Repealed)

cl 52: Am 10.3.2000.

Part 9 Subdivision

53 Consent for subdivision

(1)  Subdivision of land, including subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold) Act 1986, may be carried out only with development consent.

(2)  A lot, or part of a lot, in a subdivision for use for car parking in relation to a specified residential unit must be used only by a resident or other occupant of the building that contains the residential unit.

(3), (4)    (Repealed)

cl 53: Am 7.5.1999; 10.3.2000.

Parts 10, 11

54, 55   (Repealed)

pt 10 (cl 54): Rep 10.3.2000.

pt 11 (cl 55): Rep 7.5.1999.

Part 12 Notification requirements

56 Notification of development to owners of adjoining land

(1)  Where an application is made for consent to carry out development on any land, the consent authority must give written notice of the application to such persons as appear to it to own adjoining land.

(2)  If the adjoining land is common property or a lot within the meaning of the Strata Titles Act 1973 or the Strata Titles (Leasehold) Act 1986, a written notice to the body corporate of the strata scheme concerned is sufficient notice to the owner of each lot within the scheme.

(3)  Each notice is to contain the following information:

(a)  the address of the land to which the development application relates,

(b)  a description of the proposed development,

(c)  the name of the applicant,

(d)  a statement to the effect that the development application referred to in the notice and the documents accompanying the application may be inspected at the office of the Council at any time during ordinary office hours within a period of 14 days from the date shown on the written notice,

(e)  a statement to the effect that any person, during the period of 14 days from the date shown on the written notice, may make a submission in writing to the consent authority in relation to the development application,

(f)  a plan showing the proposed development.

(4)  This clause does not require the consent authority to give notice of an application for consent to carry out development that the consent authority considers to be of a minor nature and which, in the consent authority’s opinion, will not detrimentally affect the use and enjoyment of adjoining land.

57 Advertising of notice of development affecting other land

(1)  If an application is made for consent to carry out on any land development that, in the consent authority’s opinion, may have a significant environmental effect, the consent authority must advertise the development application in a major newspaper circulating in Central Sydney.

(2)  Any person may inspect the development application within a period of not less than 14 days after the date of publication of the advertisement.

cl 57: Subst 7.5.1999.

58 Exceptions to advertising requirements

(1)  Clauses 56 and 57 do not apply if:

(a)  a development application is amended in a way that is considered by the consent authority to be minor or to result in lesser impact, or such a development application is withdrawn and a subsequent application made, which is considered by the consent authority to relate to substantially the same development, or would result in lesser impact than the original application, and

(b)  the consent authority has already complied with clauses 56 and 57 (if applicable) with respect to the proposed development.

(2)  Clauses 56 and 57 do not apply to designated development as defined by the Act.

cl 58: Am 7.5.1999.

59 Development within the MetroWest Investigation Area

The consent authority may consent to the carrying out of development below ground level on land identified as the MetroWest Investigation Area in Schedule 8, or determined by the consent authority to be within the MetroWest Investigation Area, only after referral of the application to the State Rail Authority and consideration of any comments received from the State Rail Authority within 28 days of the date of referral.

Part 13 Special provisions for certain uses

pt 13: Subst 7.5.1999.

60 Objectives for amusement arcades, brothels, restricted premises, late opening pubs and the like

The objectives of the provisions for this Part of the plan are:

(a)  to minimise the impact of certain uses which may degrade the amenity of Central Sydney, such as amusement arcades, brothels, restricted premises, late opening pubs and the like, and

(b)  to ensure that such uses are not concentrated together, and that their cumulative impact is assessed, and

(c)  to improve the character and attractiveness of Central Sydney for residential, retail, commercial and cultural activities.

cll 60–62: Subst 7.5.1999.

61 Amusement arcades, brothels, restricted premises, late opening pubs and the like

The consent authority may only consent to the carrying out of development for the purposes of amusement arcades, brothels, restricted premises, late opening pubs and the like, if it is satisfied that:

(a)  the proposal would not have a detrimental impact on the amenity of the area and the desired character of the area, and

(b)  the proposal would not result in an inappropriate concentration of that use and, together with other of the above uses in the area, result in a detrimental cumulative impact, and

(c)  the proposal would not be detrimental to other uses considered to be more consistent with the objectives of the zone.

cll 60–62: Subst 7.5.1999.

62 Duty free stores

The consent authority must not consent to a duty free store, or the expansion of a duty free store, unless it is satisfied that the development will not have an adverse traffic impact on city streets, having particular regard to the increase in the numbers of buses and coaches generated by the development.

cll 60–62: Subst 7.5.1999.

63 (Repealed)

cl 63: Rep 7.5.1999.

sch 1: Am 18.7.1997; 28.11.1997; 1.5.1998; 11.12.1998; 7.5.1999; 28.5.1999; 9.8.1999; 3.3.2000; 7.4.2000; 19.10.2001; 23.11.2001.

Part 14 Reclassification of land

64 Reclassification of land known as Martin Place Shopping Circle

(1)  Pursuant to section 27 of the Local Government Act 1993, the land known as Martin Place Shopping Circle and described as Lot 1, DP 260232, at Martin Place in the City of Sydney, Parish of St James, County of Cumberland, is reclassified from community land to operational land.

(2)  Pursuant to section 30 (2) of the Local Government Act 1993, the reclassification of the land described in subclause (1) does not extinguish or in any way affect any trusts, estates, interests, dedications, conditions, restrictions or covenants affecting that land or any part of that land.

Dictionary

(Clause 6)

Adjoining land means any land which abuts the land the subject of the development application concerned or which would abut the land if it were not separated from it by a public road.

Advertisement means a sign, notice, device or representation in the nature of an outdoor advertisement visible from any public place or public reserve or from any navigable water.

Advertising structure means a structure used or to be used principally for the display of an advertisement.

Aids to navigation means buoys, signs, lights or other structures, located on the waterway or on dry land, which are designed to assist the safe and efficient movement of vessels on the waterway.

Amusement centre means a building or place (not being a hotel or pub) used principally for playing:

(a)  billiards, pool or other like games, or

(b)  electrically or mechanically operated amusement devices, such as pinball machines, video games and the like.

Boarding house means a building or part of a building let in lodgings or a hostel, but does not include a hotel.

Brothel means premises used for prostitution, whether or not used by only one prostitute.

Central Sydney means the land shown edged heavy black on the Zoning Map.

Child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if:

(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a non-government school, within the meaning of the Education Reform Act 1990, and

(b)  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

Club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.

Commercial port operations means any port-related activity or other operation connected with the carrying of goods or people for business or commercial purposes.

Commercial premises means a building or place used as an office or for other business or commercial purposes, such as a bank, building society, customer-oriented financial services, cinemas, clubs and public car parking.

Communication device means a satellite communication dish or similar structure, or a television antenna or radio transmission mast or aerial, with a maximum dimension of no more than 5 metres.

Community land has the same meaning as in the Local Government Act 1993.

Council means the Council of the City of Sydney.

Demolish a heritage item or any other building or structure, means to damage, deface, destroy, pull down or remove it in whole or in part.

Dredge means remove material from a harbour or river bed for the purpose of maintaining the previously established harbour or river depth, constructing a new or deeper navigational area or channel or re-opening a discontinued navigational area or channel.

Dwelling means a room or a suite of rooms occupied or so constructed or adapted as to be capable of being occupied or used as a separate dwelling.

Dwelling house means a building capable of containing 1 but not more than 1 dwelling.

Educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

Existing height of a building means the height of the building at the commencement of this Plan.

Floor means that space within a building which is situated between one floor level and the floor level above or, if there is no floor above, the ceiling or roof above.

Floor space area of a building means the sum of the gross horizontal areas of each floor of the building contained within the inner faces of the outer walls measured at a height of 1.5 metres above the floor, including the space occupied by internal walls, staircases, lobbies, corridors and toilets, but excluding:

(a)  the horizontal cross section area of lift shafts and vertical service ducts measured between the wall faces internal to the lift shaft or duct,

(b)  any underground space permanently set aside within the building for:

(i)  parking (other than spaces used for public car parking),

(ii)  the unloading or loading of vehicles, including ramps or other means of access,

(iii)  grocery and convenience retailing located on one floor,

(iv)  storage space that is linked to a residential dwelling or serviced apartment by an appropriate strata plan,

(iv)  cinemas, recital halls and theatres for public use and other similar public uses or facilities,

(c)  any space for the accommodation of mechanical or electrical plant or equipment servicing the building,

(d)  any terraces and balconies with walls less than 1.5 metres high,

(e)  void spaces in a floor,

(f)  floor area set aside for communal recreational use within a residential building (not exceeding 5 per cent of the floor space area of the building, calculated on the basis that this area has not been excluded).

Floor space ratio means the ratio of the floor space area of all buildings on a site to the site area.

Floor Space Ratio Map means the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 13)—Floor Space Ratio Map”.

Function room area means the floor area in hotels and like venues used for the seating of patrons at functions, excluding kitchens, amenities, corridors and vestibules.

Grocery or convenience retailing means the sale or provision of goods or services through outlets such as beauty salons, chemists, delicatessens, dry cleaners, electrical repairers, fruiterers, hairdressers, hardware shops, health food shops, newsagents, shoe repairers, supermarkets, video shops and the like, but not take-away food establishments.

Height of a building means the vertical distance measured in metres to the topmost point of the building (including plant and lift overruns, but excluding communication devices) from the horizontal plane at the average of the heights of ground level at each end of the street frontage of the building, but:

(a)  if the building has frontages to more than one street, the vertical distance is to be measured from the horizontal plane at the average of the heights of ground level at each end of the highest and lowest street frontages of the building, unless paragraph (b) or (c) applies, or

(b)  if the building has frontages to two streets forming a street corner, the vertical distance is to be measured from the horizontal plane at the average of the heights of ground level at each end of the higher or highest street frontage of the building, unless paragraph (c) applies, or

(c)  if the building does not have a frontage to a street 10 or more metres wide, the vertical distance is to be measured from the horizontal plane at the average of the heights of ground level at each end of the street frontage of the building to the widest street to which the building has a frontage, unless paragraph (d) applies, or

(d)  if the building does not have a frontage to any street, the vertical distance is to be measured from the natural ground level, as it was at the commencement of this Plan, directly below the topmost point of the building or from the floor level of the building that is nearest to the former natural ground level directly below that point.

Height Map means the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 13)—Height Map”, as amended by the maps (or specified sheets of the maps) marked as follows:

Central Sydney Local Environmental Plan 1996 (Amendment No 12)—Height Map (but only to the extent that it relates to land shown outlined in solid red and annotated (V))

Heritage building means a building with floor space area that is listed in Schedule 1 to Central Sydney Heritage Local Environmental Plan 2000, or a building which, for the purposes of Heritage floor space, the Council and the Central Sydney Planning Committee have resolved is of heritage significance, and should be included on Schedule 1 to Central Sydney Heritage Local Environmental Plan 2000.

Heritage floor space means any heritage floor space awarded under this Plan.

Home occupation means an occupation carried on in a dwelling house or in a dwelling in a residential building by the permanent residents of the dwelling house or dwelling which does not involve:

(a)  the registration of the building under the Factories, Shops and Industries Act 1962, or

(b)  the employment of persons other than those residents, or

(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or

(d)  the display of goods, whether in a window or otherwise, or

(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident),

(f)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, or

(g)  prostitution.

Hotel means premises that provide accommodation consisting of rooms or self-contained suites for guests that are rented or hired on a short-term basis without a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987.

Map means a map deposited in the office of the Council.

Mixed use development means a building, or buildings, that comprise two or more uses.

Operational land has the same meaning as in the Local Government Act 1993.

Opportunity Site means a site listed in Schedule 7.

Place of public worship means a church, chapel, synagogue, temple or other place of public worship or religious instruction or a place used for religious training.

Plan of management means a plan of management adopted under either the Local Government Act 1993 or the Crown Lands Act 1989, or a draft plan of management which has been exhibited under either of those Acts.

Prostitution means sexual acts or sexual services engaged in in return for payment or other reward.

Pub means premises specified in a hotelier’s licence granted under the Liquor Act 1982 that do not comprise a hotel.

Public car parking means any land or space in a building used for accommodating parked vehicles on payment of a fee, but does not include:

(a)  a metered space (within the meaning of Part 3B of the Traffic Act 1909), or

(b)  tenant car parking.

Public utility undertaking means any undertaking carried on by, or under the authority of, any Government department or agency, or pursuant to any Commonwealth or State Act, for the purpose of:

(a)  railway, light railway, road, water or air transport, or wharf or river undertakings, or

(b)  the provision of sewerage or drainage services, or

(c)  the supply of water, hydraulic power, electricity or gas, or

(d)  telecommunications facilities.

Reduced Level (RL) means height above the Australian Height Datum.

Refreshment rooms means premises in which meals or light refreshments are served to the public for profit or reward, whether or not they are also used for live entertainment or dancing.

Residential building means a building which contains one or more dwellings, and in which the residential component is owner-occupied or occupied by a tenant with a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987.

Restricted premises means a building or place at which:

(a)  publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

Road and Pedestrian Thoroughfare Map means the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 1)—Road and Pedestrian Thoroughfare Map”.

Sea wall means a structure placed partially or wholly along the land/water interface to protect the land from the sea or to stop accelerated erosion of the shoreline.

Serviced apartments means a building containing two or more self-contained dwellings:

(a)  which are used to provide short-term accommodation, but not subject to residential tenancy agreements within the meaning of the Residential Tenancies Act 1987, and

(b)  which are serviced or cleaned by the owner or manager of the apartments or the owner’s or manager’s agents.

Shop means a building or place used for selling, exposing or offering for sale goods, merchandise or materials, including grocery and convenience retailing, but does not include a building or place elsewhere specifically defined in this Dictionary.

Site area, for the purpose of calculating a floor space ratio, means contiguous land to which a development application relates, but does not include either any land on which the development to which the application relates is not permitted by or under this Plan or any land excluded from the site area by clause 43A or 45 (7).

Special Area means land designated as a special area on the Special Areas Map.

Special Areas Map means the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 4)—Special Areas”.

Street means any street, road, lane, footpath or other thoroughfare open to or used by the public (which may or may not be in public ownership) but does not include a thoroughfare determined by the Council from time to time not to be a street for the purposes of this definition.

Street frontage height of a building, in relation to a street to which the building has a frontage, means the vertical distance measured in metres at the centre of the frontage from the average of the street levels at each end of the frontage to the parapet level of the building. The parapet level is the horizontal plane in which at least two thirds of the length of the top of the facade of the building adjacent to the street is situated.

Sun access plane means a plane established and located in accordance with Schedule 4.

Temporary use means a use, not being designated development, actually carried out for not more than 40 days, whether consecutive or non-consecutive, in any continuous 365 day period.

Tenant car parking means car parking provided in connection with a development which reasonably services the needs of the development and which is used only by a person who resides, works in or visits a use carried on in the building or land for which the car park has been provided. For the purposes of this definition, car parking which reasonably services the needs of the development includes car parking provided in accordance with clause 48, a development consent, or a code, policy or other instrument adopted or approved by the Council before the commencement of this Plan.

The Act means the Environmental Planning and Assessment Act 1979.

Tourist-related premises means a building or place used for commercial, cultural, entertainment or educational purposes which primarily meet the needs of tourists.

Underground means any part of a building that is below the average of the ground levels of each street frontage to the building.

Waterfront-related premises means a building or place used for maritime, recreational or educational purposes associated with the use of the Harbour.

Zoning Map means the map marked “Central Sydney Local Environmental Plan 1996 (Amendment No 4)—Zoning Map”

Central Sydney Local Environmental Plan 1996 (Amendment No 7)—Zoning Map

Schedule 2 (Repealed)

sch 2: Rep 7.4.2000.

Schedule 3 Oxford Street Area

(Clause 21 (2))

Schedule 4 Sun access planes

(Clause 30 (1), Schedule 1)

Sun access plane formula

Sun access planes are established for the parks and community places described in the Table to this Schedule. A sun access plane projects above land shown as affected by the plane on the 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 Table and measured in metres above ground level, at the part of the street alignment specified in the 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 Table for the relevant sun access plane.

a is the vertical angle in degrees, specified for this factor in the Table, corresponding to the horizontal bearing for the relevant sun access plane.

Sun access planes Table

Plane (see 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.

Schedule 4A Building envelope

Sheet 1 Site plan

Sheet 2 Building envelope

sch 4A: Ins 11.12.1998.

Schedule 5 Specified sites

(Clause 33 (1))

Sites 1 and 2

Sites 3 and 4

Site 5

Schedule 6 Mixed use developments

(Clause 36)

sch 6, hdg: Am 7.5.1999. Subst 3.3.2000.

1 The additional floor space ratio for a mixed use development in Area A1 on the Floor Space Ratio Map, is up to a maximum of: where: FSR MA is the maximum additional floor space ratio that may be achieved for the mixed-use development subject to compliance with clause 35. A is the proportion of commercial floor space area (being the proportion that is not used for a hotel, serviced apartments or a residential building) within the proposed mixed-use development. B is the proportion of residential, serviced apartment and hotel floor space area within the proposed mixed use development.

2 The additional floor space ratio for a mixed-use development in Area A2 on the Floor Space Ratio Map is up to a maximum of: where: FSR MA is the maximum additional floor space ratio that may be achieved for the mixed-use development with the allocation of heritage floor space to the site subject to compliance with clause 35. A is the proportion of commercial floor space area (being the proportion that is not used for a hotel, serviced apartments or a residential building) within the proposed mixed-use development. B is the proportion of residential, serviced apartment and hotel floor space area within the proposed mixed use development. C is 1:1 if consent is granted before 1 January 2002 and nil if consent is granted after that date.

3 The maximum floor space ratio for a mixed-use development in Area B on the Floor Space Ratio Map is: where: FSR M is the maximum floor space ratio that can be achieved for the mixed-use development. A is the proportion of commercial floor space area (being the proportion that is not used for a hotel, serviced apartments or a residential building) within the proposed mixed use development. B is the proportion of hotel floor space area within the proposed mixed use development. C is the proportion of serviced apartment floor space area within the proposed mixed use development. D is the proportion of residential building floor space area within the proposed mixed use development. FSR COMM is the maximum floor space ratio shown on the Floor Space Ratio Map for a commercial building in Area B FSR HOTEL is the maximum floor space ratio shown on the Floor Space Ratio Map for a hotel building in Area B. FSR SA is the maximum floor space ratio shown on the Floor Space Ratio Map for a serviced apartment building in Area B. FSR RES is the maximum floor space ratio shown on the Floor Space Ratio Map for residential development in Area B.

4 The maximum floor space ratio for a mixed-use development in Areas C, D, E, F, G or H on the Floor Space Ratio Map is: where: FSR M is the maximum floor space ratio that can be achieved for the mixed-use development. A is the proportion of commercial floor space area (being the proportion that is not used for a hotel, serviced apartments or a residential building) within the proposed mixed-use development. B is the proportion of hotel floor space area within the proposed mixed use development. C is the proportion of serviced apartment floor space area within the proposed mixed use development. D is the proportion of residential building floor space area within the proposed mixed use development. FSR COMM is the maximum floor space ratio shown on the Floor Space Ratio Map for a commercial building in that Area. FSR HOTEL is the maximum floor space ratio shown on the Floor Space Ratio Map for a hotel building in that Area. FSR SA is the maximum floor space ratio shown on the Floor Space Ratio Map for a serviced apartment building in that Area. FSR RES is the maximum floor space ratio shown on the Floor Space Ratio Map for residential development in that Area.

sch 6: Am 7.5.1999. Subst 3.3.2000.

Schedule 6A

(Clause 39A (1))

1  252 George Street—(George Patterson House Site)

2  248 George Street—(Vacant site adjacent to George Patterson House Site)

3  330–338 George Street—(NAB Site)

4  279–293 Pitt Street (504–530 George Street)—(Park Plaza Site)

5  487–503 George Street—(Regent Theatre Site)

6  339–345A Sussex Street

sch 6A: Ins 17.4.1998.

Schedule 7 Opportunity sites

(Clause 42 (1), Schedule 1)

Site numbers	Name	Address	Property details	Description
1	Endeavour House	46–54 Pitt Street, Sydney	Lot 1 in DP 62581 and Lot 1 in DP 62940	Being land bounded by Pitt Street, Bridge Street and Macquarie Place, Sydney
2	Royal Exchange Building	21 Bridge Street, Sydney	Lot 1 in DP 222751	Being land bounded by Gresham Street, Bridge Street and Pitt Street, Sydney
3	National Australia Bank House	243–259 George Street, Sydney	Lot 2 in DP 630217	Being land bounded by Jamison Street, George Street and Grosvenor Street, Sydney
4	AAP Centre	16–32 Jamison Street, Sydney	Lot 1 in DP 630217	Being land bounded by Grosvenor Street, Lang Street, Jamison Street and George Street, Sydney
5	Westpac Plaza	265–273 George Street, Sydney	Lot 100 in DP 597228	Being land fronting Jamison Street on the north, George Street on the east and Margaret Street on the south, Sydney
6	Citibank Centre	1 Margaret Street, Sydney	Lot 100 in DP 623192	Being land bounded by Clarence Street, Margaret Street and Kent Street, Sydney
7	State Authorities Superannuation Board	83–95 Clarence Street, Sydney	Lot 101 in DP 703679	Being land fronting Clarence Street on the east and Kent Street on the west, Sydney
8	Kent Telephone Exchange	97–105 Clarence Street, Sydney	Lot 1 in DP 721401, Lots A, B & C in DP 370818, Lot 1 in DP 700955 and Lot 3 in DP 653821	Being land fronting Clarence Street on the east and Kent Street on the west, Sydney
9	The Westpac Building	58 Martin Place, Sydney	Lot 1 in DP 221322 and Lot 1 in DP 589866	Being land bounded by Phillip Street, Martin Place and Macquarie Street, Sydney
10	The Prudential Building	37–51 Martin Place, Sydney	Lot 1 in DP 55093 and Lot 1 in DP 110109	Being land bounded by Elizabeth Street, Martin Place and Castlereagh Street, Sydney
11	MLC Centre	41–47 Castlereagh Street, Sydney	Lot 3 in DP 565938, Lot 5 in DP 588399 and Lot 1 in DP 598704	Being land bounded by King Street, Castlereagh Street and Martin Place, Sydney
12	Hooker House	173–179 Pitt Street, Sydney	Lot 1 in DP 597691	Being land fronting King Street on the south and Pitt Street on the east, Sydney
13	American Express Tower	378 George Street, Sydney	Lot 2 in DP 597691	Being land fronting King Street on the south and George Street on the west, Sydney
14	Westpac Bank	367–373 George Street, Sydney	Lot 1 in DP 226337	Being land fronting George Street on the east and King Street on the north, Sydney
15	National Mutual Centre	101–109 York Street, Sydney	Lot 1 in DP 600888	Being land bounded by Clarence Street, Market Street and York Street, Sydney
16	MMI Centre	397–411 Kent Street, Sydney	Sect 29, Lot 3 in DP 789759	Being land fronting Sussex Street, Market Street, and Kent Street, Sydney
17	St Martins Tower	31 Market Street, Sydney	Lots A & B in DP 442132 and land in DP 60128, DP 61064, DP 62125 and DP 74978	Being land bounded by York Street, Market Street and Clarence Street, Sydney
18	Pacific Power Building	201–217 Elizabeth Street, Sydney	Lot 1 in DP 552399	Being land bounded by Elizabeth Street, Park Street and Castlereagh Street, Sydney
19	227 on Elizabeth	219–227 Elizabeth Street, Sydney	Lot 2 in DP 552399	Being land bounded by Castlereagh Street, Bathurst Street and Elizabeth Street, Sydney
20	Sydney Water Corporation Limited	115–123 Bathurst Street, Sydney	Lot 1 in DP 621404	Being land fronting Pitt Street on the east and Bathurst Street on the north, Sydney
21	Telstra House	231–249 Elizabeth Street, Sydney	Sect 15, Lot 231 in DP 749873	Being land fronting Castlereagh Street, Bathurst Street, and Elizabeth Street, Sydney
22	Telecom House	324–330 Pitt Street, Sydney	Lot 1 in DP 953879, Lot 1 in DP 183752, Lot 1 in DP 88835, Lot 1 in DP 57216, and Lot 1 in DP 68120	Being land fronting Pitt Street on the west and Castlereagh Street on the east, Sydney
23	Masonic Centre	279–285 Castlereagh Street, Sydney	Lot 1 in DP 188822, Lot 1 in DP 779992 and Lot 1 in DP 577055	Being land fronting Goulburn Street on the south and Castlereagh Street on the east, Sydney
24	State Bank Building	1 Oxford Street, Sydney	Pt Lots 1 & 2 in DP 505585, Pt Lot 1 in DP 232288, Pt Lot 1 in DP 76229 and land in DP 64799	Being land bounded by Brisbane Street, Oxford Street and Wentworth Avenue, Sydney
25	Sydney Plaza	59–69 Goulburn Street, Sydney	Pt Lot 1 in DP 55636, Pt Lot 1 in DP 56400, Pt Lot 6 in DP 71414, Pt Lot 6 in DP 76562, Lot 1 in DP 173220, Lot 1 in DP 34060 and DP 175078	Being land fronting Goulburn Street on the north and Cunningham Street on the south east, Sydney
26	Oxford Koala Hotel	Oxford Street, Sydney	Lot 19 in DP 59434. Lots 22–23 in DP 61748	Being land bounded by Oxford Street, Riley Street, Goulburn Street and Pelican Street, Sydney
27	McKell Building	2 Rawson Place, Sydney	Lot 6 in DP 820360	Being land bounded by Pitt Street, Barlow Street, George Street and Rawson Place, Sydney
28	Centennial Plaza	256 Elizabeth Street, Sydney	Lots 1, 2 & 3 in DP 778411	Being land bounded by Foveaux Street, Mary Street, Albion Street and Elizabeth Street, Sydney

Opportunity sites

Schedule 8 MetroWest Investigation Area

(Clause 59)