New South Wales Repealed Regulations

This legislation has been repealed.

NEWCASTLE CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2008 - REG 23

23 Floor space ratio

(1) The objectives of this Plan for the control of floor space ratios are as follows:

(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 the Newcastle city centre,

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

(c) to provide sufficient floor space for high quality development for the foreseeable future,

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

(e) to facilitate development that contributes to the economic growth of the Newcastle city centre.

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

(3) Despite subclause (2) and except as provided by subclauses (4) and (7), the maximum floor space ratio for a building on land that is:

(a) in Area A, and

(b) in a zone specified in the Table to this subclause, and

(c) on land for which the maximum building height is as specified in Column 1 of the Table under the heading for that zone,

is the amount specified opposite that height in Column 2 of the Table if the building is not used for a commercial activity or in Column 3 if the building is used only for a commercial activity.

Table--Maximum FSR in Area A

Column 1	Column 2	Column 3
	B3 Commercial Core zone
24m, 30m or 35m	3.0:1	4.0:1
45m	3.0:1	6.0:1
60m	3.5:1	7.0:1
90m	3.5:1	8.0:1
	B4 Mixed Use zone
24m	2.5:1	3.0:1
30m or 35m	3.0:1	4.0:1
45m	3.5:1	5.0:1
60m	4.0:1	6.0:1

(4) The maximum floor space ratio for a building in Area A that has a site area of less than 1,500 square metres is the least of the following:

(a) the floor space ratio determined in accordance with subclause (3),

(b) 4.0:1,

(c) the floor space ratio determined in accordance with subclause (7).

(5) Despite subclause (2) and except as provided by subclause (7), the maximum floor space ratio for a building on land that is:

(a) in Area B, and

(b) in a zone specified in the Table to this subclause, and

(c) on land for which the maximum building height is as specified in Column 1 of the Table under the heading for that zone,

is the amount specified opposite that height in Column 2 of the Table if the building is not used for an educational and cultural activity or in Column 3 if the building is used only for an educational and cultural activity.

Table--Maximum FSR in Area B

Column 1	Column 2	Column 3
	B4 Mixed Use zone
24m	2.5:1	3.0:1
30m or 35m	3.0:1	4.0:1
45m	3.5:1	5.0:1

(6) Despite subclause (2) and except as provided by subclause (7), the maximum floor space ratio for a building on land that is:

(a) in Area C, and

(b) in a zone specified in the Table to this subclause, and

(c) on land for which the maximum building height is as specified in Column 1 of the Table under the heading for that zone,

is the amount specified opposite that height in Column 2 of the Table if the building is not used for a tourist activity or in Column 3 if the building is used only for a tourist activity.

Table--Maximum FSR in Area C

Column 1	Column 2	Column 3
	B4 Mixed Use zone
18m, 20m or 24m	2.5:1	3.0:1
30m or 36m	3.0:1	4.0:1
45m	3.5:1	5.0:1
60m	4.0:1	6.0:1

(7) If a building within Area A, Area B or Area C is used for a combination of the specified activity for the Area and one or more other activities, the maximum floor space ratio for the building is:

"N" is the percentage of the building used for an activity other than the specified activity.
"NFSR" is the maximum floor space ratio in accordance with this clause if the building were used only for an activity other than the specified activity.
"S" is the percentage of the building used for the specified activity.
"SFSR" is the maximum floor space ratio in accordance with this clause if the building were used only for the specified activity.

The following gives an example of how a maximum floor space ratio is to be calculated for a building on land, having a site area equal to or greater than 1,500 square metres and a maximum building height of 90m, that is within Zone B3 Commercial Core (located in Area A), 30 per cent of which is to be used for commercial activity and 70 percent of which is to be used for another activity:

4.85:1 is the maximum floor space ratio.

(8) In this clause:
"Area A" means the area shown on the Floor Space Ratio Map edged heavy black and marked "Area A-Commercial".
"Area B" means the area shown on the Floor Space Ratio Map edged heavy black and marked "Area B-Educational and Cultural".
"Area C" means the area shown on the Floor Space Ratio Map edged heavy black and marked "Area C-Tourist".
"educational and cultural activity", in relation to the use of a building, means the use of the building for the purposes of a school, tertiary institution, community facility, hostel or boarding house for students, theatre, cinema, music hall, concert hall or lecture theatre or a combination of any such uses.
"maximum building height", in relation to land, means the maximum building height shown for the land on the Height of Buildings Map .
"specified activity" means:

(a) in relation to Area A--commercial activity, and

(b) in relation to Area B--educational and cultural activity, and

(c) in relation to Area C--tourist activity.

"tourist activity", in relation to the use of a building, means the use of the building for the purposes of tourist and visitor accommodation or uses ancillary to the tourism industry (such as conference rooms or tourism-based business) or a combination of such uses.

Note: For the meaning of "commercial activity", see the Dictionary.
Clauses 24 and 36 (6) enable the consent authority, in certain circumstances, to grant consent to buildings that exceed the maximum floor space ratios specified in this clause.