New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2014 - REG 6.6

6.6 Use of existing non-residential buildings in residential zones

(1) The objective of this clause is to enable buildings and land in a residential zone to be developed for non-residential purposes only in certain circumstances.

(2) This clause applies to development on land in a residential zone.

(3) Despite any other provision of this Plan, development consent must not be granted to development to which this clause applies for the purposes of business premises, a community facility, an information and education facility, office premises, a public administration building or a shop unless--

(a) the whole or part of the development has a history of a lawfully commenced non-residential use, whether or not that use has been discontinued, abandoned or interrupted, and

(b) the whole or part of the development was originally lawfully carried out with a non-residential design or was lawfully altered or adopted to a non-residential design, and

(c) the consent authority is satisfied that the development--

(i) will not adversely affect the enjoyment by an occupier of the land adjoining or in the neighbourhood of the land on which the development is situated, and

(ii) if located in a heritage conservation area--will not adversely affect the heritage significance of the building in which, or the land on which, the development is situated, or the heritage conservation area.

(4) Exception--Office premises on land at 190-200 Boundary Street, Paddington Despite subclause (3), development for the purpose of office premises is permitted with development consent on the following land if the consent authority is satisfied that the development is ancillary to and associated with St Vincent's Private Hospital--

(a) 190 Boundary Street, Paddington, being Lot 3, DP 223679,

(b) 192 Boundary Street, Paddington, being Lot 2, DP 223679,

(c) 194 Boundary Street, Paddington, being Lot 1, DP 223679,

(d) 196-200 Boundary Street, Paddington, being Lot 3, DP 84504.