Sydney Regional Environmental Plan No 26—City West (1992 EPI 564)

Part 1 Introduction

1 Name of plan

This plan may be called Sydney Regional Environmental Plan No 26—City West.

2 Area covered by this plan

This plan applies to the land shown on Map 1 as the City West area, except such of that land as is shown as “excluded” on that map and such of that land as is within waters to which Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 applies.

The land to which this plan applies is part of the Sydney Region and is referred to in this plan as “City West”.

However, this plan does not apply to land to which Sydney Local Environmental Plan 2005 applies.

cl 2: Am 7.10.1994; 2005 (590), Sch 5.4; 2005 (810), cl 9 (5).

3 Precincts

Four Precincts are intended to be created within City West.

The “Ultimo-Pyrmont Precinct” is created by this plan and is the land indicated by heavy black edging on Map 2, Sheet 1.

The “Eveleigh Precinct” is created by Sydney Regional Environmental Plan No 26—City West (Amendment No 1—Eveleigh Precinct) and is the land indicated by heavy black edging on Map 2, Sheet 2.

The “Bays Precinct” is created by Sydney Regional Environmental Plan No 26—City West (Amendment No 7—Bays Precinct) and is the land indicated by heavy black edging on Map 2, Sheet 3.

cl 3: Am 16.7.1993; 21.11.1997.

4 Aims of this plan

The aims of this plan are:

•  to establish planning principles of regional significance for City West as a whole with which development in City West should be consistent, and

•  to establish planning principles and development controls of regional significance for development in each Precinct created within City West by this plan and by subsequent amendment of this plan, and

•  to promote the orderly and economic use and development of land within City West.

5 How environmental planning instruments affect City West

The planning principles for City West as a whole have effect in accordance with Part 2 in addition to other Regional Environmental Plans, State Environmental Planning Policies and (except in the case of land within a Precinct) local environmental plans.

Part 3 replaces all local environmental plans that applied to a Precinct before the Precinct was created.

Each of the following instruments is repealed to the extent that it would otherwise apply to land within a Precinct:

Sydney Local Environmental Plan No 30, and

City of Sydney Planning Scheme Ordinance, and

South Sydney Local Environmental Plan No 107 (Erskineville/Alexandria and Surry Hills), and

Interim Development Order No 27—Municipality of Leichhardt, and

Leichhardt Local Environmental Plan No 20, and

any other local environmental plan or deemed environmental planning instrument.

cl 5: Am 16.7.1993; 21.11.1997; 2007 (641), Sch 5.46 [1].

6 Repeal of SEPP 13—Sydney Heliport

State Environmental Planning Policy No 13—Sydney Heliport is repealed.

7 Suspension of covenants and other instruments

Any agreement, covenant or other similar instrument does not apply to development allowed by this plan to the extent necessary to allow the development to be carried out in accordance with this plan, and any consent granted pursuant to this plan, as in force from time to time.

This clause does not affect the application of any of the following:

•  any agreement, covenant or other similar instrument entered into, before or after the commencement of this clause, by the Minister, Sydney City Council, South Sydney City Council or the Sydney Harbour Foreshore Authority, or

•  any covenant required, before or after the commencement of this clause, by a condition of a development consent or by the Minister, Sydney City Council, South Sydney City Council or the Sydney Harbour Foreshore Authority.

The Governor approved of this clause before Sydney Regional Environmental Plan No 26—City West (Amendment No 9) was made.

cl 7: Am 16.7.1993. Subst 22.6.2001.

8 Definitions

Certain terms used in this plan are defined in Schedule 1. To the extent that any particulars shown on a Sheet specified in the definition of a map in Schedule 1 are inconsistent with particulars shown on a Sheet listed later in that definition, the particulars shown on the Sheet listed later prevail.

cll 8: Am 22.6.2001.

9 Savings and transitional provisions

The savings and transitional provisions in Schedule 2 have effect.

Part 2 City West

10 Land covered by this Part

This Part applies to City West.

11 Planning principles of regional significance for City West

Before granting consent to a development application relating to land within City West (whether or not within a Precinct), the consent authority must take into consideration the aim of this plan that development within City West should be consistent with the planning principles for City West set out in the Table to this clause.

Table—Planning Principles for City West

Regional Role

Development in City West is to promote urban consolidation in the Sydney Region and consequently contribute to Sydney’s status as a financial, commercial, residential and tourist city of world standing.

Development in City West is to provide benefits to the people of the Sydney Region and New South Wales.

The types and intensities of development in City West are to reflect its central location and accessibility to public transport and are to support and to complement development in the city centre.

Land Use Activities

Development in City West is to contribute to an integrated mixed-use development pattern containing a wide range of housing and employment opportunities, and educational, recreation and cultural activities.

Mixed Living and Working Environment

Development in City West is to house an increased population and to provide an increased quantity and range of employment opportunities which are compatible with the achievement of a high-quality mixed living and working environment.

Development in City West is to promote and retain close to the city centre a socially diverse residential population representative of all income groups.

Development in City West is to provide different kinds of housing, including affordable housing, to ensure that low to moderate income households may continue to be able to live in City West.

Development in City West is to provide opportunities for people to live and work at places in close proximity.

Education

Development relating to educational establishments should be based on strategies for their growth and response to technological and other changes, and their integration with surrounding development.

Leisure and Recreation

Full advantage is to be taken of the leisure and recreation facilities and the public open space in the city centre and in surrounding areas (particularly in City West) and the use of Sydney Harbour for leisure and recreation.

Public access to the entire foreshore in City West is to be provided. Opportunities for waterfront and water-based recreation and tourism activities, compatible with adjoining land uses, are to be provided.

Port Functions

The operation, concentration and rationalisation of commercial shipping facilities is to be supported to meet the changing needs of Sydney Harbour as a commercial port.

Social Issues

The needs of existing and future communities, including needs for social facilities and services are to be accommodated.

Environmental Issues

Development in City West is to ensure a high level of environmental quality by addressing issues of air quality, noise levels, wind conditions, access to light and sunshine, privacy, soil conditions and water quality.

Development in City West is to have regard to the principles of ecologically sustainable development (namely, the precautionary principle, inter-generational equity, conservation of biological diversity and ecological integrity, and improved valuation, pricing and incentive mechanisms).

Development in City West is to:

•  incorporate measures to minimise waste, including (where practicable) utilising recycled materials and renewable building resources, recycling building and demolition wastes, and providing facilities for recycling and composting, and

•  implement total water cycle management, including (where practicable) reducing consumption of potable water, treating and recycling waste water for re-use, minimising site run-off and stormwater generation, and reusing stormwater, and

•  incorporate measures to conserve energy, including (where practicable) reducing energy consumption, and increasing inherent energy efficiency through design and materials selection, and

•  promote biological diversity by measures that include (where practicable) increasing habitat through appropriate retention, planting and maintenance of native flora considered representative of the locality, and

•  complement and reinforce the development and use of the existing and planned integrated public transport, pedestrian and cycling networks in City West.

Urban Design and the Public Domain

Development in City West is to enhance, complement and contribute to the development of the public domain in order to create a high-quality physical environment for access, enjoyment and recreation for residents and workers.

Development in City West is to contribute to a high level of residential amenity and convenience.

Heritage

The items and areas of heritage significance in City West are to be conserved and enhanced. New development is to respect the character of heritage items and conservation areas. The re-use of heritage buildings through adaptation and modification is to be encouraged.

Movement and Parking

A range of housing and work, leisure and service facilities is to be provided in City West so that the need for travel is minimised.

A high degree of accessibility is to be provided to places in and outside City West for both able and disabled persons. Walking, cycling and use of public transport are to be encouraged as the means of movement.

Development in City West is to facilitate the provision and operation of a comprehensive regional public transport network.

Development, particularly that which is employment related, is to be within the capacities of existing and proposed public transport and arterial road systems.

The provision for vehicular movement is to be consistent with the development of a high-quality pedestrian environment within the street system.

Parking controls are to support public transport strategies of the Government and to reflect road network capacities.

Implementation and Phasing

Development is to contribute towards the efficient use of City West’s existing infrastructure and towards the provision of physical and social infrastructure as part of the development process, in accordance with the provisions of the Act.

cll 11: Am 22.6.2001.

Part 3 Precincts

Division 1 Land to which Part 3 applies

12 Land covered by this Part

This Part applies to each Precinct.

Division 2 Development consent

13 General requirement for development consent

(1)  All development that is permissible within a Precinct (including the demolition of buildings) requires the consent of the consent authority, except development described in Schedule 3.

(2)  Nothing in this clause prevents exempt development or complying development from being carried out in accordance with State Environmental Planning Policy (Infrastructure) 2007 on land to which that Policy applies.

cl 13: Am 4.8.2000; 2007 (641), Sch 5.46 [2].

14 Consent authority

The relevant council is the consent authority for the purposes of this Part, except as provided by the Act.

cl 14: Am 16.7.1993; 3.3.1995; 21.11.1997; 18.6.1999; 22.6.2001. Subst 2005 (194), Sch 4.25. Am 2005 (780), cl 5.

Division 3 Planning principles for Precincts

15 Planning principles of regional significance for Precincts

Before granting consent to a development application relating to land within a Precinct, the consent authority must take into consideration the aim of this plan that development within the Precinct should be consistent with the planning principles set out for the Precinct in the Table to this clause.

Table—Planning Principles for Precincts

Part 1   Ultimo-Pyrmont Precinct

Role and Land Use Activities

Development in the Precinct is to provide for a significant increase in residential population in a mixed use development pattern also accommodating employment, educational and other uses.

Because land values in the Precinct may reasonably be expected to increase when land in the Precinct is developed in accordance with this plan, development in the Precinct is to provide affordable housing to ensure that low to moderate income households may continue to be able to live in the Precinct.

Where possible, development is to make use of existing under-utilised buildings and large areas of land which are either vacant or occupied by out of date facilities.

Development is to take full advantage of the Precinct’s existing facilities, proximity to Darling Harbour, Central Station and other facilities of the city centre, and the extensive Pyrmont waterfront.

Retail development providing for the full range of neighbourhood needs is to be encouraged.

Uses at the ground level of buildings fronting the public domain should complement the functions of the public domain.

Residential Development

A diverse housing stock is to be developed in the Ultimo-Pyrmont Precinct to cater for all households, including singles, couples, families, groups, the elderly, the disabled and lower income earners.

A mixture of dwelling types and sizes should be provided to enable a diverse community and promote housing choice.

High quality housing with adequate facilities and sustainable design is to be developed to encourage long-term residents and achieve urban consolidation.

Social Issues

A range of services and facilities should be provided to meet the needs of the existing and new residents and workers, including retail, leisure, recreational and welfare facilities that promote the health and well-being of the community and recognise its cultural and ethnic diversity.

Urban design is to enhance the conviviality and sense of place of the Ultimo-Pyrmont Precinct and reflect the character and heritage of the Precinct.

Development is to enable surveillance and to enhance street level activity to increase actual and perceived security.

Development is to enhance the creation of a diverse resident community through the provision of a range of dwelling unit types and sizes.

Urban Design

Building heights are to reflect and emphasise the topography of the Precinct by increasing in height as distance increases from the nearest waterfront. Building heights should allow a reasonable sharing of distant views from buildings by their occupants.

The heights and scale of buildings are to form a transition between the high-rise buildings in the city and low-rise buildings in the suburbs adjoining the Precinct.

The heights and scale of new buildings are to respect existing buildings in the locality, particularly heritage items and buildings in conservation areas.

The heights and form of buildings are to take account of visual impact, solar access, wind impact and, where appropriate, the privacy of residences, in order to contribute to a high quality of environmental amenity in intensively used parts of the public domain and in residential areas.

Buildings fronting the public domain should have appropriate height, bulk, finish and street alignment so as to enhance its quality by respecting its character. In general the scale of street facades must respect the width of adjoining streets or lanes, adjoining heritage items or other contextual elements.

Higher buildings may be accommodated:

•  if they will emphasise existing or former high points in the natural ground level on Distillery Hill, Pyrmont Point, Darling Island and adjoining the CSR Stables, they will reflect the former vertical smoke-stack elements of the Pyrmont Point Power Station, or they will provide a suitable axial focal point in the vista down Liverpool Street, and

•  if they will not compromise the environmental amenity and general scale of development in their locality.

Development on the waterfront and on adjoining land is to maximise the environmental quality of those parts of the peninsula for all users.

Public Domain

Public recreation areas are to provide for a range of recreational opportunities for the residents of and workers within the Precinct.

Coordinated pedestrian and cycling networks are to be provided throughout the Precinct and to link with the city centre and suburbs adjoining the Precinct. Access to major natural features such as foreshores and escarpments is to be included.

The passage of through motor traffic in residential areas and areas of pedestrian and cycling priority is to be discouraged.

Part 2   Eveleigh Precinct

Role and Land Use Activities

Public and private sector high technology industrial enterprises involved in research and development should be promoted within the Precinct. Advantage should be taken of the Precinct’s proximity to the University of Sydney, the University of New South Wales and the University of Technology, Sydney.

Development in the Precinct is to include employment opportunities for people residing in, and in the vicinity of, the Precinct.

Development is to provide affordable housing which will supplement the existing housing within the Precinct.

Development is to allow the continued use of land within the Precinct for railway purposes by the State Rail Authority.

Development is to take advantage of Redfern Railway Station as a major regional public transport node.

The provision of on-site car parking within the Precinct is to be strictly limited and the use of public transport maximised.

Development is to make efficient use of surplus Government owned land and any heritage items located on that land.

Development is to incorporate cultural and community facilities to assist in meeting the needs of the various groups constituting the residential and working populations of the locality.

Development is to be compatible with and enhance the surrounding land uses in Waterloo, Redfern and Darlington.

Urban Design

The height of new buildings should reflect and emphasise the topography of the Precinct, at the same time respecting the height and scale of heritage items.

New buildings within the Precinct that are close to the Precinct boundaries are to respect the character and height of buildings in their immediate vicinity.

Higher buildings may be accommodated towards the eastern part of the Precinct to the south of the Locomotive Workshop building and Garden Street, to provide a focus and symbol for development. Any such buildings should not compromise the environmental amenity, heritage significance and general scale of development in their locality.

Development involving former railway buildings and associated items of heritage significance is to result in their conservation and re-use.

Public Domain

Public recreation areas are to provide for a range of recreational opportunities for the residents and workers within the Precinct.

Links for pedestrians, cyclists and disabled people are to provide access to buildings and other places within the Precinct and access across the Precinct from Darlington to the Redfern/Waterloo commercial area.

Part 3   Bays Precinct

Role and land use activities

Development should reinforce and complement the role of the Precinct as a major inner-harbour port and maritime location. Development should recognise that the port operates for 24 hours of the day and that the generation of noise, lighting and traffic movement is necessarily associated with its operation.

Development in the Precinct is to provide for a mixture of commercial port, port-related, employment, waterfront and recreational uses, but is not to include residential development. The existing diversity and maritime character of the Precinct, particularly the mixed use of waterfront areas, should be retained.

Development is to take full advantage of the Precinct’s location and its infrastructure, particularly rail or light rail facilities, for the port and other employment generating activities.

Development is to encourage the environmental rejuvenation of the Precinct. Where possible, future development is to encourage the segregation of port traffic from residential and recreational areas.

Development is to make efficient use of surplus government owned land.

Development is to encourage the conservation of and adaptation for re-use of existing heritage items and structures for uses compatible with new development.

Development is to contribute to improved water quality in Rozelle Bay and Blackwattle Bay.

Development on the waterfront and on land adjoining Rozelle Bay and Blackwattle Bay is to enhance the environmental quality of those areas for all users.

Urban design

Design principles to be developed in detailed planning should recognise the working industrial nature of the Precinct in close proximity to residential areas.

Development along the Precinct boundary should relate to and not adversely affect the adjoining street systems and built forms.

The siting and form of development in all areas must consider impacts on views from within the Precinct and to and across the Precinct from surrounding areas.

Public domain

Public recreation areas are to provide for a range of recreational opportunities for those working in and visiting the Precinct.

The siting and form of development must consider creating, retaining and enhancing views and vistas from the water and public domain.

Links for pedestrians, cyclists, and persons with disabilities are to be provided through the Precinct and to link and integrate the Precinct with adjoining areas.

Links through the Precinct, including public access to the foreshores, should recognise the safety and security issues associated with commercial port and maritime activities.

Development should help to create a high quality public domain in the Precinct.

Master plans for all areas should identify opportunities for public recreation, public access through sites and links to adjoining pedestrian and cyclist networks.

cl 15: Am 16.7.1993; 3.3.1995; 21.11.1997; 18.6.1999; 22.6.2001.

Division 4 Zoning

16 How land is zoned

Land in each Precinct is within one of the following zones:

Residential

Residential-Business

Public Recreation

Waterways

Railways

Waterfront Use

Port and Employment

The zoning of land is shown on Map 2.

Development for the purposes of roads, rail and light rail transport undertakings and facilities, fire stations and other emergency services facilities, and public utility undertakings are permissible in any zone.

cl 16: Am 16.7.1993; 3.3.1995; 21.11.1997; 22.6.2001.

17 Residential Zone

The only uses permissible in this zone are:

residential development; open space; recreational facilities; community facilities; non tertiary educational establishments; small-scale restaurants, retail outlets, commercial undertakings and professional services to serve the neighbourhood; public utility undertakings; other uses which the consent authority is satisfied are strictly consistent with the zone objectives.

The objectives of this zone are:

•  to protect existing residential areas and identify future residential areas, and

•  to ensure that land within the zone is primarily used for residential purposes, and

•  to limit the range, scale and locations of non-residential uses to ensure that they are compatible with residential amenity and primarily serve local residents, and

•  to prohibit tourist development in residential areas (including serviced apartments, hotels and associated tourist facilities) and to prohibit brothels, and

•  to limit advertising to a level compatible with the creation of a high-quality residential and mixed use area.

Non-residential uses are not to be located above the ground floor level of buildings in this zone, except where Activity Strips (as referred to in clause 21B) are indicated on Sheet 1 of Map 2 and Sheet 1 (1995 Update) of Map 2 in which case non-residential uses are also permissible on the first floor.

cl 17: Am 16.7.1993; 3.3.1995; 18.6.1999.

18 Residential-Business Zone

Only uses which the consent authority is satisfied are generally consistent with one or more of the zone objectives are permissible in this zone.

The objectives of this zone are:

•  to promote a wide range of uses, particularly business development including tourist, leisure, commercial, retail and office development consistent with the Precinct’s proximity to the Sydney CBD, harbour locations and transport infrastructure, and

•  to accommodate residential development to a level compatible with adjoining business uses and consistent with the objective of creating a mixed use area, and

•  to accommodate uses which generate employment opportunities and provide facilities and services that enable people to live and work in the same community, and

•  to ensure that the total amount of employment-generating development is compatible with the traffic capacity of the Precinct and adjoining areas, and

•  to encourage sustainable transport modes for journeys to work and other trips, including walking, cycling and all forms of public transport, and

•  to limit advertising to a level compatible with the creation of a high-quality mixed use area.

Consent is to be granted to development within this zone only if the consent authority is satisfied that carrying out the proposed development will be consistent with the planning principles for the relevant precinct and for City West, particularly residential provision and amenity.

Residential development within this zone is not to be located or designed so that the amenity of the development is adversely affected, by an adjoining or nearby use, to a level that is considered inappropriate by the consent authority due to excessive noise or odour or any similar environmental impact.

Residential development (other than for the purpose of dwellings for employees of a business use located on the same site) is prohibited on land within this zone that is identified by the words “Non-Residential Development” on Map 6.

cl 18: Am 3.3.1995; 18.6.1999; 22.6.2001.

19 Public Recreation Zone

Only uses which the consent authority is satisfied are generally consistent with the zone objectives are permissible in this zone. However, the consent authority may consent to other uses being carried out beneath land used as a public recreation area.

The objectives of this zone are:

•  to establish public recreation areas which serve the needs of residents and workers within City West and the adjoining suburbs, and

•  to provide public access to all parts of the public domain, especially waterfront areas and escarpments, and

•  to provide a variety of public areas and recreational opportunities, and

•  to provide for facilities which accommodate or are ancillary to recreation opportunities relating to the use of the public domain, and

•  in the Bays Precinct, in addition to the other objectives of this zone—to allow for the continued operation and development of Wentworth Park as a major public open space and recreational facility.

Uses permissible in the zone adjoining the public recreation zone are also permissible in the public recreation zone for a distance of 10 metres from the zone boundary if, in the opinion of the consent authority, it would allow a better relationship between use of land as a public recreation area and use of the adjoining land and would not decrease the total amount of land that will be available for use as a public recreation area.

cl 19: Am 3.3.1995; 21.11.1997.

20 Waterways Zone

Only uses which the consent authority is satisfied are generally consistent with the zone objectives are permissible within this zone.

The objectives of this zone are:

•  to provide for water-based and foreshore development which will contribute to the recreational and tourism potential of the locality, and

•  to provide for the extension of ferry services which link with the land based public transport network, and

•  to ensure that activities associated with development are compatible with the use of Darling Harbour and Johnston’s Bay for commercial shipping and Navy and other government functions, and

•  to ensure that development on the waterways maintains or enhances the environmental quality and amenity of the Precinct.

20A Railways Zone

Only uses which the consent authority is satisfied are generally consistent with the zone objectives are permissible within this zone.

The objectives of this zone are:

•  to provide for the ongoing day-to-day operational activities of the State Rail Authority, Freight Rail Corporation and Rail Access Corporation, and

•  to ensure that uses within the zone do not detrimentally impact on the use of adjoining land, and

•  to provide for community facilities within and public access across the zone.

cl 20A: Ins 16.7.1993. Am 22.6.2001.

20B Waterfront Use Zone

Only uses which the consent authority is satisfied are generally consistent with one or more of the zone objectives are permissible within this zone.

The objectives of this zone are:

•  to provide for development of water-based commercial and recreational activities, including facilities for the servicing, mooring, launching and storage of boats, and

•  to allow a range of commercial maritime facilities (such as boating industry facilities, marinas, waterfront service operations, waterfront commercial and tourism facilities and uses associated with the servicing, temporary mooring, launching and storage of boats and uses ancillary to these), which will take advantage of the harbour location, and

•  to provide public access within and across the zone and to facilitate the extension of the Ultimo-Pyrmont foreshore promenade from Blackwattle Bay to Rozelle Bay and link with public access networks surrounding the precinct, and

•  to create, retain and enhance views and links between Wentworth Park and the foreshores of Blackwattle Bay.

Uses such as hotels, hotel apartments and tourist resort development will not be permitted.

cll 20B: Ins 21.11.1997.

20C Port and Employment Zone

Only uses which the consent authority is satisfied are generally consistent with one or more of the zone objectives are permissible within this zone.

The objectives of this zone are:

•  to facilitate the continuation of commercial port uses, and

•  to allow a range of commercial port facilities (such as buildings, structures, activities or operations and uses ancillary to these, associated with carrying goods from one port to another and associated with storage and handling and access to the port), and

•  to encourage development on Glebe Island and land adjoining White Bay which requires close proximity to the port, and

•  to encourage a mix of land uses which generate employment opportunities, particularly in relation to port and maritime uses, and

•  to allow a mix of uses which generate employment opportunities in the White Bay Power Station site, and

•  to provide for the ongoing rail access to the port and related activities, and

•  to provide pedestrian and cyclist links with surrounding public access networks, and

•  to encourage port-related uses which optimise use of existing rail facilities, and

•  to provide road and rail access to port activities.

cll 20C: Ins 21.11.1997.

21 Use of unzoned land

Development may be carried out on any land which is shown uncoloured on Map 2 only for a purpose which is permissible on land adjoining that land.

cl 21: Subst 16.7.1993. Am 18.6.1999.

21A (Repealed)

cl 21A: Ins 3.3.1995. Rep 18.6.1999.

21B Activity Strips

Activity Strips indicated on Sheet 1 of Map 2, Sheet 1 (1995 Update) of Map 2 and Sheet 1 (1999 Update) of Map 2 show the principal streets, nodes and locations for pedestrian activity and interest and retail uses.

In these locations, development on the ground floor must provide for non-residential uses, including retail outlets, restaurants, neighbourhood facilities and the like that provide people-orientated street frontages, and enhance security and surveillance compatible with adjoining development.

cl 21B: Ins 3.3.1995. Subst 18.6.1999.

21C Advertising

On land zoned Residential, Residential—Business or Public Recreation, advertisements not related to use of the site are prohibited unless they are displayed on public street furniture, bus shelters, public telephone booths or the like erected by, or on behalf of, a public authority.

cl 21C: Ins 18.6.1999.

22 Temporary and interim uses

The consent authority, while land is not being used for a purpose for which it is zoned, may consent to its use for any other purpose, but only if the consent authority is satisfied that:

•  the use will not prejudice the eventual development of the land in accordance with the rest of this plan, and

•  appropriate arrangements have been made for reinstatement of the site so that it may be used in accordance with the rest of this plan, and

•  the use will not adversely affect residential amenity and permissible development in accordance with this plan on other sites in the locality.

Before granting consent to development as allowed by this clause, the consent authority must be satisfied that the development will cease within such time as the consent authority stipulates.

cl 22: Am 18.6.1999.

Division 5 Building height and floor space controls

23 Maximum building heights

The height of any building must not exceed the maximum building height shown on Map 3. However, any building on land zoned Public Recreation must not exceed 7 metres in height.

Before granting consent for any building that will attain the maximum building height, the consent authority must be satisfied that the building will not only meet such of the urban design requirements made by clauses 24, 25, 26 and 26A as are relevant, but will also meet any relevant design requirements made by a Master Plan or urban development plan.

cl 23: Am 3.3.1995. Subst 18.6.1999.

24 Application of urban design planning principles

Before granting consent to the erection of a building, the consent authority must be satisfied that the building will be consistent with the urban design planning principles for the Precinct in which it will be situated set out in the Table to clause 15.

cl 24: Am 3.3.1995; 2004 No 91, Sch 2.78.

25 Landmark locations

Sheet 1 of Map 3 shows specific height limits for development in locations referred to on the map as “landmark locations”. The location to which such a limit relates may, with the agreement of the Minister in an adopted master plan, be altered if the consent authority is satisfied that the height of the development in the new location is consistent with the relevant urban design principles.

cl 25: Subst 3.3.1995.

26 Graduated building heights adjacent to heritage items and conservation areas

The height of any building adjacent to a heritage item or conservation area must be such as to provide an appropriate transition in height between the building and either the heritage item or the buildings within the conservation area.

cl 26: Subst 18.6.1999. Am 22.6.2001.

26A Scale and alignment of building facades

Before granting consent to the erection of a building, the consent authority must be satisfied that the scale and alignment of the building facades on the street boundary or boundaries respects the width of the street, adjoining heritage items or other contextual elements, as may be defined in an urban development plan prepared and adopted under Division 7 of this plan, or defined in a Master Plan prepared and adopted under Division 8 of this plan.

cl 26A: Ins 3.3.1995.

27 Floor space limits in Master Plan areas in Ultimo-Pyrmont Precinct

In the Ultimo-Pyrmont Precinct, the ratio of business floor space of a building on land for which a Master Plan is required to the site area must not be greater than 2.5:1 to the north of Pyrmont Bridge Road and 3:1 to the south of Pyrmont Bridge Road.

However, a greater floor space ratio applies if a Master Plan adopted for the site includes a provision made under clause 48 (relating to flexible uses of land requiring a Master Plan) that allows the greater floor space ratio.

For the purposes of this clause, business floor space does not include any part of the gross floor area of a building occupied by a work-based child care centre.

cl 27: Am 16.7.1993. Subst 18.6.1999. Am 22.6.2001.

27A Floor space limits in non-Master Plan areas in Ultimo-Pyrmont Precinct

In the Ultimo-Pyrmont Precinct, the following maximum floor space ratios apply for land for which a Master Plan is not required.

This clause does not allow buildings to exceed maximum heights set by this plan.

Maximum building height limit for land on which building is situated	Maximum floor space ratio for residential uses	Maximum floor space ratio for business uses
9m	1.5:1	2.0:1
12m	2.0:1	2.5:1
15m	2.5:1	3.0:1
21m	3.0:1	3.5:1
28m	3.5:1	4.0:1
42m	4.0:1	5.0:1

For a mixed use building used for both business and residential purposes (and no other purposes), the following formula applies to determine the maximum floor space ratio:

 

Where:

MFSR is the maximum floor space ratio for the mixed use building.

B is the proportion of business floor space to total floor space within the building.

FSRB is the maximum floor space ratio for business uses within the maximum building height zone identified above.

R is the proportion of residential floor space to total floor space within the building.

FSRR is the maximum floor space ratio for residential uses within the maximum building height zone identified above.

For the purposes of this clause, business floor space does not include any part of the gross floor area of a building occupied by a work-based child care centre and any such part is taken not to be subject to a business use.

cll 27A: Ins 18.6.1999. Am 22.6.2001.

27B Floor space limits in Eveleigh Precinct

In the Eveleigh Precinct, the ratio of the business floor space of a building to the site area must not be greater than 1.2:1.

No maximum floor space ratio applies to residential development in the Eveleigh Precinct.

For the purposes of this clause, business floor space does not include any part of the gross floor area of a building occupied by a work-based child care centre.

cll 27B: Ins 18.6.1999. Am 22.6.2001.

27C Application of design and height controls for maximum floor space ratios in non-Master Plan areas

Before granting consent for any building on land for which a Master Plan is not required that will attain the maximum floor space ratio, the consent authority must be satisfied that the building will not only meet such of the urban design requirements made by clauses 24, 26 and 26A as are relevant, but will also meet any relevant design requirements made by an urban development plan and not exceed any maximum height set by this plan.

However, the consent authority may consent to a building that exceeds a maximum floor space ratio or a maximum building height for the site (or both) if an urban development plan containing detailed urban design controls for the block containing the site has been adopted by the Minister and the building complies with that plan. Before adopting any such urban development plan, the Minister must be satisfied that it will give effect to the relevant urban design requirements made by clauses 24, 26 and 26A.

cl 27C: Ins 18.6.1999.

Division 6 Heritage conservation

28 Heritage items and conservation areas

Heritage items are identified on Map 4 and described in Schedule 4.

Conservation areas are identified on Map 4.

29 General considerations

Development of or including a heritage item, in the vicinity of a heritage item, or within a conservation area, must be compatible with the conservation of the heritage significance of the item or the character of the conservation area.

30 Duty of consent authority

Before granting consent to any such development, the consent authority must consider:

•  the heritage significance of the heritage item or conservation area, and

•  the impact that the proposed development will have on the heritage significance of the heritage item and its setting or the conservation area, and

•  the measures proposed to conserve the heritage significance of the heritage item and its setting or the conservation area, and

•  whether any archaeological site or potential archaeological site would be adversely affected.

cll 30: Subst 18.6.1999.

31 Conservation management plans and heritage impact statements

The consent authority must decline to grant consent for development relating to a heritage item or conservation area unless it has taken into consideration a conservation management plan or heritage impact statement which includes an assessment of the matters listed in clause 30.

cll 31: Subst 18.6.1999.

32 Demolition of heritage items

The consent authority must not grant consent for development which will result in the complete or substantial demolition of a heritage item unless it is satisfied that the item, or so much of the item as is proposed to be demolished, does not have such heritage significance as would warrant its retention.

Before granting such a consent, the consent authority must also be satisfied that, after the demolition work has been carried out, redevelopment will be carried out that will:

•  result in buildings of a higher architectural and urban design quality (in terms of the principles and other provisions of this plan and of any Master Plan or urban development plan applying to the site) than were exhibited by the heritage item before the work was carried out, and

•  make a positive contribution to the streetscape, and

•  in the case of partial demolition, enhance the adaptive re-use of the residual part of the heritage item.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 32: Am 18.6.1999; 2008 (571), Sch 2.14 [1] [2].

33 Potential archaeological sites

Before determining an application for consent to development on land identified in an urban development plan as a potential archaeological site, the consent authority may request a report on the likely impact of the development on any archaeological material.

Division 7 Urban development plans

34 Use of plans

Before granting consent to development to which an urban development plan applies, the consent authority must take the plan into consideration.

35 Content of plans

An urban development plan is a written instrument (which may be supported by diagrams or maps) that makes more detailed provisions relating to development within a Precinct than this plan. Any such plan must not be inconsistent with this plan.

36 Preparation of draft plans

A draft urban development plan or a draft amendment of such a plan may be prepared by the Director-General or by the Council of the area concerned.

cll 36–38: Am 22.6.2001.

37 Consultation

Before the Director-General or the Council of the area concerned recommends that the Minister adopt an urban development plan or adopt an amendment of any such plan:

•  a draft of the plan or amendment must be advertised, and exhibited for not less than 21 days for public comment, and

•  the views of the Council or the Director-General (as the case may require) and of such other public authorities as the person who prepared the draft considers relevant must have been sought on the draft, and

•  the person who prepared the draft must take into account any written submission made about the content of the plan or amendment to that person during the exhibition period.

cll 36–38: Am 22.6.2001.

38 Adoption of plans and amendments

The Minister may adopt an urban development plan, or an amendment of any such plan, recommended for adoption by the Director-General or the Council, or may adopt such a plan or amendment with such variations as the Minister considers appropriate.

Before adopting a recommended plan or amendment (whether or not in a varied form) the Minister may require that it be re-exhibited to the satisfaction of the Minister.

cll 36–38: Am 22.6.2001.

39 Availability of plans

A copy of each urban development plan must be available for inspection at the Head Office of the Department and at the office of the Council of the area concerned during normal business hours.

Division 8 Master Plans

40 Requirement for and use of Master Plans

Development consent must not be granted for development that relates to land indicated on Map 5 as requiring a Master Plan unless:

•  there is a Master Plan for the land, and

•  the consent authority has taken the Master Plan into consideration.

The Minister may waive compliance with this requirement because of the nature of the development concerned, the adequacy of other guidelines that apply to the proposed development or for such other reason as the Minister considers sufficient.

cll 40: Am 3.3.1995.

41 Content of Master Plans

A Master Plan is a document consisting of written information, maps and diagrams that makes more detailed provisions relating to development of land for which a Master Plan is required than this plan. A Master Plan must be generally consistent with this plan.

A Master Plan is to outline in broad terms the long-term proposals for the development of land for which a Master Plan is required and to explain how those proposals address the planning principles and development controls in this plan.

cll 41: Am 3.3.1995.

42 Preparation of Master Plans

A draft Master Plan may be prepared by or on behalf of the owner or lessee of the land concerned or by the Director-General.

A draft Master Plan should be prepared following consultation between the owner or lessee and the Director-General and is to illustrate and explain, where appropriate, proposals for the following:

•  phasing of development,

•  distribution of land uses and, in the Residential-Business Zone, proposals for satisfying the principles of mixed residential and business use and public recreation use,

•  pedestrian, cycle and road access and circulation networks,

•  parking provision,

•  subdivision pattern,

•  infrastructure provision,

•  building envelopes and built form controls,

•  heritage conservation, implementing the guidelines set out in any applicable conservation policy, and protection of archaeological relics,

•  decontamination of the site,

•  provision of public facilities,

•  provision of open space, its function and landscaping,

•  any other matters stipulated by the Director-General.

cll 42: Am 16.7.1993; 22.6.2001.

43 Consultation

Before the Director-General recommends that the Minister adopt a Master Plan:

•  a draft of the plan must be advertised in a newspaper circulating in the locality, and exhibited for not less than 21 days for public comment, and

•  the views of the Council of the area concerned and of such other public authorities and such community organisations as the Director-General considers relevant must have been sought on the draft, and

•  the Director-General must take into account any written submissions made about the content of the plan to the Director-General during the exhibition period.

cll 43: Am 16.7.1993; 22.6.2001.

44 Adoption of Master Plans and amendments

The Minister may adopt a Master Plan, or an amendment of any such plan, recommended for adoption by the Director-General or may adopt such a plan or amendment with such variations as the Minister considers appropriate.

Before adopting a Master Plan or an amendment of a Master Plan, the Minister must take into consideration any development consents that have been granted for the land concerned and, in particular, the gross floor area of buildings on which a business use is allowed by those consents.

When a Master Plan or an amendment is adopted, the Director-General must ensure that the following are notified of its adoption:

•  the owner of the land concerned, and

•  each public authority and community organisation whose views were sought, and

•  each person who made a written submission about the content of the plan or amendment to the Director-General during the exhibition period.

cl 44: Am 22.6.2001.

45 Amendment of Master Plans

A draft amendment of a Master Plan may be prepared by or on behalf of the owner or lessee of the land concerned, whether or not at the request of the Director-General, or may be prepared by the Director-General.

The Director-General may request the preparation of such a draft amendment for the purpose of keeping the Master Plan up-to-date.

Before recommending that the Minister adopt a draft amendment which the Director-General considers to be significant, the Director-General may arrange for it to be advertised and exhibited as required for a draft Master Plan.

An amendment to a Master Plan may be dealt with concurrently with a development application relating to the amendment.

cl 45: Am 16.7.1993; 22.6.2001.

46 (Repealed)

cl 46: Am 16.7.1993; 3.3.1995. Rep 22.6.2001.

47 Availability of Master Plans

A copy of each Master Plan must be available for inspection at the Head Office of the Department during normal business hours.

48 Flexible uses of land requiring a Master Plan

The Minister may consent to the use of part of any land that is subject to a Master Plan for a purpose that is not permitted by the zoning of that part if it will be used for a purpose that another part of the land that is subject to the Master Plan within a different zone may be used.

Before granting such a consent, the Minister must be satisfied that:

•  a better distribution of land uses will result, and

•  the total of the business floor space of all buildings within the Master Plan area will not be increased as a result of granting the consent, and

•  the total of the land available for public recreation areas within the Master Plan area will not be reduced as a result of granting the consent, and

•  public access to the entire foreshore in City West will not be reduced as a result of granting the consent.

cl 48: Am 16.7.1993; 3.3.1995.

48A Flexible building heights on land requiring a Master Plan

For land that is subject to a Master Plan, the Minister may adopt a Master Plan that identifies maximum building heights that exceed the maximum building height limits shown on Map 3.

The Minister may grant consent to the erection of buildings that exceed the maximum building heights shown on Map 3 but do not exceed the maximum identified on the adopted Master Plan. Before granting such a consent the Minister must be satisfied that the relevant adopted Master Plan has demonstrated that:

•  a better pattern of building heights will result, and

•  there are reductions in building heights on other sites in the Master Plan, and

•  the urban design principles for City West and the Precinct set out in clauses 11 and 15 are achieved, and

•  the higher heights do not adversely affect the quality of the adjoining public domain.

cl 48A: Ins 3.3.1995. Am 18.6.1999.

Division 8A Prohibited land uses

pt 3, div 8A (cl 48B): Ins 17.11.1995.

48B Pawnbrokers shops and money lending businesses

The use of any building or place in the Ultimo-Pyrmont Precinct for the purpose of carrying on the business of a pawnbroker or any other moneylender is prohibited.

A pawnbroker is a person who carries on a business of lending money on the security of pawned goods.

This clause does not apply to the carrying on, in good faith and in the ordinary course of banking or mercantile transactions, of the business of a bank, building society or credit union.

pt 3, div 8A (cl 48B): Ins 17.11.1995.

Division 9 Miscellaneous provisions

49 Land decontamination

The consent authority must not consent to development on a site or part of a site unless:

•  it has taken into consideration whether there is any risk to public health or safety from contamination of the site or part by past industrial use, and

•  where such a risk exists on the site or part, it is satisfied that appropriate remediation measures will be undertaken to remove such a risk before development commences on that site or part.

49A Removal of sandstone

Removal of sandstone for the provision of car parking or plant or storage associated with future residential or business development is taken to be an ancillary use and not to be extractive industry no matter whether the extracted material is reused or resold.

cl 49A: Ins 18.6.1999.

50 Services

Development must not be carried out on any land until arrangements have been made for the supply of water, sewerage and drainage which are satisfactory to the Water Board.

51 Advertising of certain development applications

Development that is proposed by a development application made after the commencement of Sydney Regional Environmental Plan No 26—City West (Amendment No 9) is advertised development for the purposes of the Act if, in the opinion of the consent authority, the development:

•  would cause irreversible harm to a heritage item, or

•  does not conform to a Master Plan, or

•  would have significant environmental effects.

This clause ceases to have effect when a development control plan that provides for notice to be given of the proposed development to which this clause applies is approved by the Director-General.

cl 51: Subst 22.6.2001.

52 Views of other bodies about development in Precincts

Before granting consent to a development application relating to land in the Ultimo-Pyrmont Precinct, the consent authority must, where it considers it appropriate, seek the views of the Director-General, the Council of the City of Sydney, the Central Sydney Planning Committee, the City West Development Corporation and the Darling Harbour Authority.

Before granting consent to a development application relating to land in the Eveleigh Precinct, the consent authority must, where it considers it appropriate, seek the views of the Council of the City of South Sydney, the Director-General and the State Rail Authority.

Before granting consent to a development application relating to land in the Bays Precinct, the consent authority must, where it considers it appropriate, seek the views of the Leichhardt Council, the City West Development Corporation, the Sydney Ports Corporation, the Office of Marine Administration, the Maritime Authority of NSW, the Rail Access Corporation, the State Rail Authority, the Freight Rail Corporation and the Director-General of the Department of Transport.

The consent authority must consider any views of a body received within 21 days of giving notice of the application to the body.

cl 52: Am 16.7.1993; 21.11.1997; 18.6.1999; 22.6.2001; 2006 No 58, Sch 2.65.

53 Views of other bodies about development within Waterways Zone

Before granting consent to a development application relating to land within the Waterways Zone, the consent authority must seek the views of the Maritime Services Board regarding the effect of development on the navigational safety and operations of the Port of Sydney.

The consent authority must consider any views of the Board received within 21 days of giving notice of the application to the Board.

cl 53: Am 18.6.1999.

54 Acquisition of land

The owner of the land within the Public Recreation Zone may, by notice in writing, require the City West Development Corporation to acquire the land. This clause does not apply to land owned by a public authority and held by the public authority for public recreation purposes.

On receipt of the notice, the City West Development Corporation is to acquire the land.

The City West Development Corporation does not, however, have to acquire the land if it might reasonably be required to be dedicated as a condition of development consent.

cl 54: Am 3.3.1995.

Part 4 Affordable housing in the Ultimo-Pyrmont Precinct

pt 4: Ins 3.3.1995. Subst 31.5.2002.

55 What are the “Affordable Housing Program“ and “total floor area”?

In this Part:

Affordable Housing Program means an official program with that name, as adopted by the Minister from time to time, for the provision and management of affordable housing in the Ultimo-Pyrmont Precinct in accordance with the affordable housing principles. Copies of the program are available from the Department of Planning’s Head Office.

total floor area means the total of the areas of each floor of a building. The area of each such floor is taken to be the area within the outer face of the external enclosing walls, but excluding:

(a)  columns, fin walls, sun control devices, awnings and other elements, projections or works outside the general lines of the outer face of the external walls (other than balconies), and

(b)  ancillary car parking required by the consent authority and any associated internal vehicular and pedestrian access to that car parking, and

(c)  space for the loading and unloading of goods.

cll 55–60: Ins 3.3.1995. Subst 31.5.2002.

56 What are the affordable housing principles?

The affordable housing principles are set out in Schedule 2 to State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes).

cll 55–60: Ins 3.3.1995. Subst 31.5.2002.

57 Matters for consideration by consent authority

Before granting consent to any proposed development of land in the Residential or Residential-Business Zone within the Ultimo-Pyrmont Precinct, the consent authority is to take into consideration the following:

(a)  the planning principles for City West and for the Ultimo-Pyrmont Precinct,

(b)  the affordable housing principles,

(c)  the need for development to provide different kinds of housing, including affordable housing, to ensure that very low, low and moderate income households may continue to afford to live in City West,

(d)  whether land values in City West may reasonably be expected to rise when land in City West is developed in accordance with this plan and whether very low to moderate income households may continue to be able to live in City West,

(e)  the impact of the proposed development on the existing housing within the Ultimo-Pyrmont Precinct for very low, low and moderate income households,

(f)  the impact of the proposed development on the existing mix and likely future mix of residential housing stock within City West.

cll 55–60: Ins 3.3.1995. Subst 31.5.2002.

58 Dedication or contribution for purpose of affordable housing

(1)  Before granting consent to the carrying out of development (other than subdivision) on land in the Residential or Residential-Business Zone within the Ultimo-Pyrmont Precinct, the consent authority must consider whether an affordable housing condition should be imposed on the consent.

(2)  The following are affordable housing conditions:

(a)  A condition requiring the payment of a monetary contribution to the consent authority by the applicant to be used for the purpose of providing affordable housing in accordance with the Affordable Housing Program that is the value, calculated in accordance with that program, of the following total amount:

(i)  0.8% of so much (if any) of the total floor area to which the development application relates as is intended to be used exclusively for residential purposes, and

(ii)  1.1% of so much (if any) of that total floor area as is not intended to be used exclusively for residential purposes.

(b)  If that total amount is sufficient, a condition requiring:

(i)  the dedication in favour of the consent authority, free of cost, of land of the applicant comprised of one or more complete dwellings with a total floor area of not more than that total amount, each dwelling having a total floor area of not less than 50 square metres, and

(ii)  if the amount of total floor area of the complete dwelling or dwellings is less than that total amount, the payment of a monetary contribution to the consent authority by the applicant that is the value, calculated in accordance with the Affordable Housing Program, of the total floor area equivalent to the difference between those amounts,

to be used for the purpose of providing affordable housing in accordance with that program.

(3)  To remove any doubt:

(a)  it does not matter whether the floor area concerned was in existence before, or is created after, the commencement of this Part, or whether or not the floor area concerned replaces a previously existing area, and

(b)  the demolition of a building, or a change in the use of land, does not give rise to a claim for a refund of any amount that has been contributed under an affordable housing condition.

(4)  This clause authorises the imposition of an affordable housing condition when a consent authority grants consent to the carrying out of development (other than subdivision) on land in the Residential or Residential-Business Zone within the Ultimo-Pyrmont Precinct, subject to section 94F (3) (c) and (4) of the Act and clauses 59 and 60.

(5)  However, a consent authority is not authorised to impose an affordable housing condition unless at least one of the circumstances described in section 94F (1) (a)–(d) of the Act exists.

(6)  This clause and any condition imposed under it are subject to section 94G of the Act.

cll 55–60: Ins 3.3.1995. Subst 31.5.2002.

59 Development excepted from this Part

Clause 58 does not apply to the following development (or to so much of any mixed development that consists of the following development):

(a)  development for the purpose of public housing, or

(b)  development for the purpose of affordable housing, or

(c)  development for the purpose of community facilities, or

(d)  development for residential purposes that will result in the creation of less than 200 square metres of total floor area, or

(e)  development for non-residential purposes that will result in the creation of less than 60 square metres of total floor area, or

(f)  development for the purpose of a public road, a light rail or railway undertaking or a public utility undertaking or facility,

and no other purpose.

cll 55–60: Ins 3.3.1995. Subst 31.5.2002.

60 Affordable housing conditions after initial development

Clause 58 does not authorise an affordable housing condition to be imposed with respect to an amount of total floor area if the consent authority is satisfied that a condition of consent has previously been imposed pursuant to this Part with respect to the same or an equivalent amount of total floor area.

cll 55–60: Ins 3.3.1995. Subst 31.5.2002.

61, 62 (Repealed)

cll 61: Ins 3.3.1995. Rep 31.5.2002.

cll 62: Ins 3.3.1995. Rep 31.5.2002.

Schedule 1 Definitions

(Clause 8)

Act means the Environmental Planning and Assessment Act 1979.

Advertisement means a display of symbols, messages or other devices for commercial promotional purposes for conveying information or instructions or the like, whether or not the display includes the erection of a structure or the carrying out of a work, but does not include signage for the identification and naming of buildings and uses or directional or community information signage.

Affordable housing has the meaning given to that expression in Part 4.

Bays Precinct means the land shown edged heavy black on Map 2, Sheet 3.

Brothel means premises habitually used for the purpose of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

Business floor space means the part of the gross floor area of a building that is the subject of a business use.

Business use means any form of development carried out for a commercial or educational purpose, but does not include residential development or public utility undertakings.

City West Development Corporation means the Corporation having that name established under the Growth Centres (Development Corporations) Act 1974.

Community facility means a building or place that provides for the physical, social, cultural, religious, educational or intellectual development or welfare of the community, but does not include business floor space not directly related to its community function.

Conservation area means an area of heritage significance, being land identified on Map 4 as a conservation area.

Conservation management plan means a document which has been prepared in accordance with the provisions of the NSW Heritage Manual and which establishes the heritage significance of a heritage item and identifies conservation management policies and management mechanisms that are appropriate to enable that significance to be retained.

Conservation policy means the guidelines prepared by the Director-General for directing conservation management within a Precinct.

Demolition, in relation to a heritage item or any other building or structure, means its damaging, defacing, destruction, pulling down or removal.

Ecologically sustainable development means development that uses, conserves and enhances the community’s resources and energy so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased.

Eveleigh Precinct means the land shown edged heavy black on Map 2, Sheet 2.

Floor space ratio of a building means the ratio of the gross floor area of the building to the site area.

Gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the inner faces of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

•  columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and

•  lift towers, cooling towers, machinery and plant rooms, and air conditioning and ventilation ducts, and

•  ancillary car parking and any associated internal designated vehicular and pedestrian access thereto, and

•  space for the loading and unloading of goods, and

•  internal public areas such as arcades, atria and thoroughfares, and terraces and balconies with outer walls less than 1,400 millimetres high.

Height of a building, means the vertical distance measured in metres between the natural surface level of the ground on which the building is sited or, where the natural surface has been excavated, the land of the adjoining public domain, and the ceiling of the topmost habitable floor of the building above that point.

Heritage impact statement means a statement which identifies the heritage significance of a heritage item or conservation area, assesses the impact that the proposed work will have on this significance and details the measures proposed to minimise this impact.

Heritage item means a building, work, relic, tree or place identified on Map 4 as a heritage item and described in Schedule 4.

Heritage significance means historic, scientific, cultural, social, archaeological, natural or aesthetic significance.

Home occupation means any business use of a dwelling or its surrounding land, or both, but only by permanent residents of the dwelling, being a use that does not unreasonably interfere with the use of adjoining properties or the locality.

Map means a map deposited in the Head Office of the Department.

Map 1 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 1 (Second Edition)—City West Area”, as amended by the maps marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Sydney Regional Environmental Plan No 26—City West. Map 1—City West Area (Amendment No 8)—1999 Update

Sydney Regional Environmental Plan No 26—City West. Map 1—City West Area (Amendment No 9)

Map 2 means the map marked “Sydney Regional Environmental Plan No 26—City West—Map 2”, consisting of the Sheets marked as follows:

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 1)

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 2)

Sheet 2—Eveleigh Precinct—Land Use Zones

Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Land Use Zones

Sheet 3—Bays Precinct—Land Use Zones

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 9)

Map 3 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 3”, consisting of the Sheets marked as follows:

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 1)

Sheet 2—Eveleigh Precinct—Permissible Building Heights

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 9)

Map 4 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 4”, consisting of the Sheets marked as follows:

Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation

Sheet 2—Eveleigh Precinct—Heritage and Conservation

Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Heritage and Conservation

Sheet 3—Bays Precinct—Heritage and Conservation

Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation (Amendment No 9)

Map 5 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 5”, consisting of the Sheets marked as follows:

Sheet 1—Ultimo-Pyrmont Precinct—Master Planning

Sheet 2—Eveleigh Precinct—Master Planning

Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Master Planning

Sheet 3—Bays Precinct—Master Planning

Sheet 1—Ultimo-Pyrmont Precinct—Master Planning (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Master Planning (Amendment No 9)

Map 6 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 6”, consisting of the Sheets marked as follows:

Sheet 1—Ultimo-Pyrmont Precinct—Non-Residential Development (Amendment No 9)

Master Plan means a Master Plan, as in force for the time being, adopted by the Minister.

Precinct means a precinct within City West established by this plan or any amendment of this plan.

Public domain means land available for public use and includes streets, lanes, squares, playgrounds, parks, open shopping malls, pedestrian walkways and the like.

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

•  railway, light railway, road, water or air transport, or wharf or river undertakings, or

•  the provision of sewerage or drainage services, or

•  the supply of water, hydraulic power, electricity or gas, or

•  telecommunications facilities.

Real estate sign means an advertisement of a temporary nature in respect of a place or premises to which it is attached which contains only a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting and is not displayed for more than 7 days after the sale or letting.

Recreational facility means a building or place used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain.

Residential development means the use of land for any form of housing, including housing leased on a short-term basis subject to the Residential Tenancies Act 1987, but does not include the use of land for a hotel, a hostel, an apartment hotel (being a building consisting of suites of rooms rented or hired out without being leased on a short-term basis), a boutique hotel, serviced apartments, backpacker accommodation, a motel or the like.

Ultimo-Pyrmont Precinct means the land shown edged heavy black on Map 2, Sheet 1.

Urban development plan means an urban development plan, as in force for the time being, adopted by the Minister.

Work-based child care centre means a building or place provided by an employer for the purpose of minding or caring for children of its employees.

sch 1: Am 16.7.1993; 24.9.1993; 7.10.1994; 3.3.1995; 21.11.1997; 18.6.1999; 22.6.2001.

Schedule 2 Savings and transitional provisions

(Clause 9)

1 Determination of certain pending development applications

Any local environmental plan or deemed environmental planning instrument that would, if it had not been repealed by this plan, apply to the determination of a development application pending at the commencement of this plan for consent to development relating to a Precinct is taken to continue in force and to so apply.

Part 3 does not prohibit the granting of consent to any such development application, but the consent authority should take that Part into consideration before determining the application.

2 Assessment of certain activities

State Environmental Planning Policy No 13—Sydney Heliport is taken to continue in force to allow an application pending at the commencement of this plan for the approval of an activity relating to a heliport to be dealt with under Part 5 of the Act and to allow that activity without development consent, if the approval is granted.

Schedule 3 Development not requiring consent

(Clause 13)

The following development does not require consent if it would be permissible with consent had it not been included in this Schedule:

•  Development for which consent is not required because of State Environmental Planning Policy No 4—Development Without Consent, except the erection of a dwelling-house referred to in clause 6A of that policy.

•  Construction and use of aids to navigation, maintenance dredging by the Maritime Services Board and maintenance of mooring facilities.

•  Development referred to in clause 35 (a), (b) or (c) of the Environmental Planning and Assessment Model Provisions 1980. (For the purposes of this plan, nothing in clause 35 (a) of those Provisions authorises the demolition of a heritage item which is incidental or ancillary to any development without the need for development consent and the reference in clause 35 (c) of those Provisions to dwelling-houses includes a reference to any dwellings.)

•  Demolition of the following (unless part of a heritage item):

advertising structures, sheds, kiosks, garages, roof structures (such as plant rooms and cooling towers), shop fronts, internal walls and ceilings, partitions, stairs and ducts.

•  Within the Glebe Island/White Bay area of the Port and Employment Zone—temporary structures associated with the port (such as hailnetting) and the maintenance and modification of existing structures; the erection and maintenance of port communication equipment; structures for or associated with the storage and processing of cargo; installation, modification and maintenance of utilities and service facilities.

•  Installation, modification and maintenance of pipelines, landscaping, fencing and signage associated with the port.

•  Subdivision associated with port operations.

•  Demolition of wetland structures in the Port and Employment Zone.

•  Erection and use of outdoor seating, adjoining tables and like furniture located in the public domain, associated with adjoining cafes, restaurants, bars and the like and required to be licensed by a public authority.

•  Development for the purpose of real estate signs that is carried out consistently with any urban development plan.

•  Development on land zoned Residential—Business for the purpose of business identification signs that are not erected on a heritage item, being development that is carried out consistently with any urban development plan.

•  Erection and use of public furniture, planter boxes, lighting, bus shelters, public telephone booths or post boxes, or the carrying out of street planting, footpath widening or roadworks and the like, undertaken by or on behalf of a public authority.

•  Erection and use of public furniture and carrying out of landscaping associated with existing public recreation areas, such as the erection of shade structures, children’s play equipment, barbecues, toilets and like furniture, but not including either the construction of club houses, swimming pools, gymnasiums or like recreational facilities or associated buildings or the erection of restaurants.

•  Development of a heritage item or a building or work in a conservation area if, in the opinion of the consent authority, the proposed development is of a minor nature or comprises maintenance of the heritage item or building or work and would not adversely affect the heritage significance of the heritage item or its setting or the conservation area.

The development specified in this Schedule does not include development to which State Environmental Planning Policy (Infrastructure) 2007 applies.

sch 3: Am 16.7.1993; 21.11.1997; 18.6.1999; 4.8.2000; 2007 (641), Sch 5.46 [3].

Schedule 4 Heritage items

(Clause 28)

Part 1 Items in the Ultimo-Pyrmont Precinct

1  81 Broadway

2  9–13 Broadway

3  1–7 Broadway

4  Sydney Technical College, Cnr. Wattle and Thomas Sts

5  Counselling Building, Sydney Technical College

6  Administration Building A, Sydney Technical College

7  Hall Building B, Sydney Technical College

8  Technological Museum, Mary Ann and Harris Sts

9  Terraces 578–606 Harris St

10  Commercial Building, 608–614 Harris St

11  Terraces 68–80 Mary Ann St

12  Terraces 629–637 Harris St

13  Terraces 597–607 Harris St

14  Terraces 77–79 Macarthur St

15  Vulcan Hotel, 498–500 Wattle St

16  Terraces 111–187 Jones St

17  Terraces 12–22 Mary Ann St

18  Terraces 430–444 Wattle St

19  Warehouse 99–109 Jones St

20  Terraces 50–52 Macarthur St

21  Terraces 66–80 Macarthur St

22  Miller’s Self Storage, 492–516 Jones St

23  Terraces 286–340, Bulwara Road

24  Terraces 11–63 Hackett St

25  Powerhouse Museum, William Henry St

26  Childcare Centre, 494 Harris St

27  Glasgow Arms Hotel, 527–529 Harris St

28  House, 103 William Henry St

29  Former Woolstore (facade), 17–59 William Henry St

30–32    (Repealed)

33  Uniting Church and Harris Centre, 97 Quarry St

34  Terraces 102–104 Quarry St

35  Terraces 242–262 Bulwara Rd

36  Terraces 33–39 Ada Place

37  Terraces 451–455 Harris St

38  Terraces 50–52 Ada Place

39  Cottage and terraces 92–98 Quarry St

40  Lord Wolseley Hotel, 265 Bulwara Rd

41  Former Woolstore, 41–45 Jones St

42  Former Woolstore, 28–40 Wattle St

43  Electricity Sub-station, 8 Henry Avenue

44  City Council, Terraces 286–318 Jones St

45  Edwin Davey and Sons, Flour Mills, 2A Allen St

46  Woolbrokers Arms Hotel, 22 Allen St

47  Former Woolstore, 24 Allen St

48  Terraces 224–302 Harris St

49  Commercial Premises, 304–308 Harris St

50  Pyrmont Fire Station, Gipps St

51  MMI Building, 47–49 Murray St

52  Pyrmont Bridge Road Hotel, 11 Pyrmont Bridge Road

53  Westpac Bank Archives, 17–21 Pyrmont Bridge Road

54  Waite and Bull Building, 137 Pyrmont St

55  Water Board Pumping Station, 10A Wattle St

56  Quarryman’s Hotel, 214–216 Harris St

57  Dunkirk Hotel, 205–207 Harris St

58  Terraces 189–203 Harris St

59  Bonnington and Company Building, 179 Harris St

60  Terraces 135–155 Harris St

61  Terraces 1–21 Paternoster Row

62  Commercial Building, 1 Union St

63  Terraces 2–22 Union St

64  Pyrmont Post Office, 146–150 Harris St

65  Terraces 99–125 Harris St

66  Pyrmont Bridge Hotel, 94 Union St

67  The New York Hotel, 50 Union St

68  Charmelu, 35 Union St

69  Festival Records Pty Ltd, 63–79 Miller St

70  Building A, Pyrmont Power Station, 42 Pyrmont St

71  Schute, Bell, Badgery, Lumby Ltd, 47–69 Pyrmont St

72  CSR Hostel, 79–85 Harris St

73  Terraces 31–41 Mount St

74  McCaffery’s Building, 17 Mount St

75  Terraces 5–15 Mount St

76  Terraces 75–77 John St

77  John St Annex, John St

78  Terminus Hotel, 61 Harris St

79  Terraces 63–65 Harris St

80  Terrace 67 Harris St

81  Sandstone Bakery, 82 Harris St

82  Terraces 74–80 Harris St

83  Cottages, 27–29 Pyrmont St

84  St Bede’s School, St Bede’s Church & Rectory, 37–43 Pyrmont St

85  Royal Pacific Hotel, 59 Harris St

86  Terraces 54–66 John St

87  Pyrmont Arms Hotel, 42–44 Harris St

88  Cooperage Building, CSR, Bowman St

89  Main Office, CSR, Bowman St

90  Laboratory B, CSR, Bowman St

91  Tablet House, CSR, Bowman St

92  Gate House, CSR, Bowman St

93  Store House, CSR, Bowman St

94  Terraces, 120–140 Bowman St and 83 Point St

95  Way’s Terrace, 12–20 Point St

96  Cottage, 4 Ways Terrace

97  Naval Stores Building, Jones Bay Rd, Darling Island

98  Naval Warehouse, Wharf, Darling Island

99  Wharves and Sheds, Wharf 19, 20, 21, Jones Bay Road

100  Escarpment Face

101  Cast Iron Palisade Fence, Bowman St and Cross St

102  Escarpment and Fencing, Jones Bay Road

103  Railway Cutting

104  Terraces 46–52 Harris Street

105  Terraces 2–8 Scott Street

106  Terraces 1–5 Cross Street

107  TAFE Building, U 622 Harris St

108  TAFE Building, 19 Mary Ann St, Cnr Jones St

109  Residence 238 Bulwara Rd

110  Terraces and former hotel, 365–375 Bulwara Rd

111  Millers Self Storage, 14–18 William Henry St

112  Terraces 20–36 William Henry St

113  Terraces 91–97 William Henry St

114  Former St Francis Xavier Church and School, 247–257 Bulwara Rd

116  Virgin Building, 51–53 Murray St

117  Terrace houses 142–168 Pyrmont St

118  Maybanke Kindergarten and Playground, 99 Harris St

119  Former Pyrmont Baths, Pyrmont Point

120  War Memorial, Union Square

121  Sam Horden fountain, Cnr Pyrmont St and Pyrmont Bridge Rd

122  Terrace houses 31–33 Union St

123  Terrace houses 86–94 Union St

124  Dwellings 91–95 Pyrmont St

125  Terraces 2A and 2B Mill St

126  Rail cutting and Rail bridge, Harris St

127  Engineers Store, former CSR, Harris St

128  Northern facade, The Boiler House, former CSR, Harris St

129  Western and northern escarpment and cliff face, Pirrima Rd

130  Arrow Marine building, 17a Pirrima Rd

131  Wattle Street railway viaduct, Wattle St

132  Warehouse and terraces 10–18 Pyrmont St

Part 2 Items in the Eveleigh Precinct

1  Locomotive Workshops—Bays 1–15, including machinery in Bays 1–4, Eveleigh Rail Yard

2  New Locomotive Shop, Eveleigh Rail Yard

3  Works Manager’s Office, Eveleigh Rail Yard

4  Large Erecting Shop, Eveleigh Rail Yard

5  Administration Building, Former Chief Mechanical Engineer’s office, Wilson Street

6  Gasometer and Pump, Eveleigh Rail Yard

7  Booking Office, Redfern Station, Lawson Street

Part 3 Items in the Bays Precinct

Buildings/Structures

1  Glebe Island wheat silos (components A, B and C as identified on Map 4)

2  Former Hotel, 78 Lilyfield Road

3  “Cadden Le Messurier”, 84 Lilyfield Road

4  Sewerage pumping station, Roberts Street

5  Monument, Glebe Island

6  Stormwater canal, Lilyfield Road

7  Railway Bridge, Railway Parade

8  Arched Bridge, Whites Creek

9  Railway truss bridge, Johnston Street

10  Wentworth Park rail viaduct

11  White Bay Power Station complex

12  Catherine Street railway bridge

13  NCA Steward’s Building, Wentworth Park

14  Store Building, Wentworth Park

15  NCA Entry tower, Wentworth Park

Landscape items

16  Wentworth Park

sch 4: Am 16.7.1993; 3.3.1995; 21.11.1997; 18.6.1999; 22.6.2001.