New South Wales Repealed Regulations

This legislation has been repealed.

NEWCASTLE CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2008 - REG 36

36 Design excellence

(1) This clause applies to development involving:

(a) the construction of a new building, or

(b) additions or external alterations to an existing building that, in the opinion of the consent authority, are significant.

(2) Development consent must not be granted for development to which this clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.

(3) In considering whether development to which this clause applies exhibits design excellence, the consent authority must have regard to the following matters:

(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,

(c) whether the proposed development detrimentally impacts on view corridors identified in Newcastle Development Control Plan 2005 ,

(d) how the proposed development addresses the following matters:

(i) heritage issues (including archaeology) and streetscape constraints,

(ii) the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(iii) bulk, massing and modulation of buildings,

(iv) street frontage heights,

(v) environmental impacts, such as sustainable design, overshadowing, wind and reflectivity,

(vi) the achievement of the principles of ecologically sustainable development,

(vii) pedestrian, cycle, vehicular, service and public transport access, circulation and requirements,

(viii) impact on, and any proposed improvements to, the public domain.

(4) Development consent must not be granted to the following development to which this Plan applies unless an architectural design competition has been held in relation to the proposed development:

(a) development for which an architectural design competition is required as part of a concept plan approved by the Minister under Division 3 of Part 3A of the Act,

(b) development in respect of a building that is, or will be, greater than 48 metres in height,

(c) development having a capital value of more than $1,000,000 on a key site, being a site shown edged heavy black and distinctively coloured on the Key Sites Map ,

(d) development for which the applicant has chosen to have such a competition.

(5) Subclause (4) does not apply if the Director-General certifies in writing that the development is one for which an architectural design competition is not required.

(6) The consent authority may grant development consent to the construction of a new building, or external alterations to an existing building, that has a floor space ratio of up to 10 percent greater than that allowed by clause 23 or a height of up to 10 percent greater than that allowed by clause 21, but only if:

(a) the design of the building or alteration is the result of an architectural design competition, and

(b) the concurrence of the Director-General has been obtained to the development application.

(7) In determining whether to provide his or her concurrence to the development application, the Director-General is to take into account the result of the architectural design competition (if any).

(8) Nothing in subclause (6) restricts the operation of clause 28 to clause 21 or 23.

(9) In this clause:
"architectural design competition" means a competitive process conducted in accordance with procedures approved by the Director-General from time to time.