New South Wales Repealed Regulations

This legislation has been repealed.

NEWCASTLE CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2008 - REG 24

24 City East precinct--exception to clauses 21 and 23

(1) This clause applies to buildings on land shown edged heavy blue and notated "City East" on the Height of Buildings Map .

(2) The consent authority may consent to development that causes a building to which this clause applies to exceed the maximum height set by clause 21 up to the height of an existing building on an adjoining site.

(3) The consent authority may consent to development that causes the floor space ratio of a building to which this clause applies to exceed the maximum floor space ratio set by clause 23 up to the floor space ratio of an existing building on an adjoining site.

(4) The height or floor space ratio of a building to which this clause applies may only exceed the maximum height or floor space ratio set by clause 21 or 23, up to the height or floor space ratio permitted under this clause, if the consent authority is satisfied that the building, having regard to development on the adjoining site, achieves an appropriate urban design outcome.

(5) In considering whether a building achieves an appropriate design outcome, the consent authority must have regard to:

(a) an urban design analysis indicating how the building will integrate with the surrounding natural and urban environment (including existing streetscapes, built form, heritage values, view corridors and open space), and

(b) the views of any group or panel established by the Council to consult on urban design on the extent to which the building integrates with that surrounding environment.

(6) For the purposes of this clause, a site adjoins another site only if it has a common boundary with that other site.

(7) Nothing in this clause restricts the operation of clause 28.