1 Name of Policy
This State environmental planning policy may be cited as State Environmental Planning Policy No 6—Number of Storeys in a Building.
2 Definition
In this Policy, except in so far as the context or subject-matter otherwise indicates or requires, the Act means the Environmental Planning and Assessment Act 1979.
3 Aims, objectives etc
The aims, objectives, policies and strategies of this Policy are:(a) to remove any confusion arising from the interpretation of provisions in environmental planning instruments which control the height of buildings by reference to the number of storeys, floors or levels which the buildings contain, by specifying the manner in which that number is to be determined,(b) to facilitate the erection of buildings which conform to the topography of the land on which the buildings are erected, and(c) to modify the meaning of each of the words “storey”, “floor” and “level” used in an environmental planning instrument to which this Policy applies, but only:(i) for the purpose of the application of this Policy in relation to certain provisions of that instrument, and(ii) so as to exclude, for certain purposes, from the meaning of each of those words a roof (or part thereof) used as an uncovered garden, terrace or deck.
4 Application of Policy
This Policy applies to the State.
5 Relationship to other environmental planning instruments
Subject to section 74 (1) of the Act, this Policy applies in relation to any environmental planning instrument, whether made before or after this Policy.
6 Determination of number of storeys which a building contains
(1) Where the application of a provision of an environmental planning instrument requires a determination of the number of storeys, floors or levels which a building contains, that number shall, for the purposes of applying the provision, be deemed to be the maximum number of storeys, floors or levels, as the case may be, of the building which may be intersected by the same vertical line, not being a line which passes through any wall of the building.(2) Except as provided by subclause (3), when applying subclause (1) in relation to a provision referred to in that subclause, a reference in subclause (1) to storeys, floors or levels shall be treated as a reference to storeys, floors or levels, within the meaning of the provision.(3) The second reference in subclause (1) to storeys, floors or levels does not include a reference to the whole or any part of a roof used as an uncovered garden, terrace or deck.