New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) In this clause, except in so far as the context or subject-matter otherwise indicates or requires:
"precinct" means an open air space at least 225 square metres in area whether situated at, above or below ground level and open to the public, but does not include:(a) an arcade, passageway, thoroughfare or other means of passing from one place to another, or(b) land within Zone No 9 (a) and shown proposed to be dedicated as a public road on a plan of subdivision lodged with a development application as referred to in subclause (4)."road" has the meaning ascribed to it in the Local Government Act 1919 .
(2) The consent authority shall not consent to the erection of a building on land to which this plan applies where the ratio of the gross floor area to the site area exceeds:(a) in the case of a building on land within Zone No 3 (c1) having a site area of less than 8 000 square metres--2.5:1,(b) in the case of a building on land within Zone No 3 (c1) having a site area of 8 000 square metres or more--3:1,(c) in the case of a building on land within Zone No 3 (c2) having a site area of less than 1 500 square metres--2:1,(d) in the case of a building on land within Zone No 3 (c2), not being land bounded by McIntosh Street, O'Brien Street, the Pacific Highway and Railway Street, having a site area of 1 500 square metres or more--4:1 or 2:1 plus 0.1:1 for each 100 square metres by which the site area exceeds 1 500 square metres, whichever is the lesser,(e) in the case of a building on land within Zone No 3 (c2) bounded by McIntosh Street, O'Brien Street, the Pacific Highway and Railway Street, having a site area of 1 500 square metres or more--3.75:1 or 2:1 plus 0.1:1 for each 100 square metres by which the site area exceeds 1 500 metres, whichever is the lesser,(f) in the case of a building on land within Zone No 3 (c3)--1.5:1, except as provided by paragraph (f1),(f1) in the case of a building on so much of the land bounded by Archer Street, Albert Avenue and Bertram Street as is shown as being within Zone No 3 (c3) on Sheet 1 of the map marked " Willoughby Local Environmental Plan 2000--(Police Station)--No 1 ", being parts of Lots 7-10, DP 1535:(i) 1.6:1, if the land shown on that Sheet as being within Zone No 9 (a) is dedicated for road widening without cost to the council, or(ii) 2.5:1, if that land is so dedicated and development of the land shown on that Sheet as being within Zone No 3 (c3) includes the erection of a police station to the satisfaction of the Police Service,(g) in the case of a building on land within Zone No 3 (c4)--0.5:1,(h) in the case of a building (other than a car parking station) on land within Zone No 5 (a) marked in black on the map as "Bus. Pkg."--3.75:1, and
(3) Where:(a) a development application is made for consent to erect a building on land within Zone No 3 (c1), 3 (c2) or 3 (c3), and(b) the plans submitted with the application make provision for a precinct,the consent authority may approve the precinct as suitable for a public precinct for the purposes of this clause.
(4) Where:(a) a development application is made for consent to erect a building on land within Zone No 3 (c1), 3 (c2), 3 (c3) or 3 (c4),(b) the plans submitted with the application are accompanied by a plan of subdivision bearing a statement of intention to dedicate land shown on the plan as a public road,(c) the land in relation to which the statement of intention is made is within Zone No 9 (a), and(d) the council proposes to approve the plan of subdivision under Part 12 of the Local Government Act 1919 ,the council may approve the land so shown on the development application as a proposed public road for the purposes of this clause.
(5) Where a development application is made for consent to erect a building in respect of which the Minister is the consent authority and that application is accompanied by a copy of a plan of subdivision which has been submitted to the council and which bears a statement of intention to dedicate land within Zone No 9 (a) as a public road, the Minister may approve the land so shown on the development application as a proposed public road for the purposes of this clause.
(6) Notwithstanding subclause (2), where the consent authority approves a precinct provided for on plans accompanying a development application as a public precinct for the purposes of this clause or as a proposed public road for the purposes of this clause, the consent authority may, in accordance with subclause (7), consent to the erection of a building the ratio of the gross floor area to the site area of which exceeds that specified in subclause (2) in respect of the zone in which the building is proposed to be erected, but shall not consent if the ratio exceeds:(a) in the case of a building on land within Zone No 3 (c1)--3.5:1,(b) in the case of a building on land within Zone No 3 (c2), not being land bounded by McIntosh Street, O'Brien Street, the Pacific Highway and Railway Street--the ratio of the gross floor area to the site area for that building calculated in accordance with subclause (2) (d) plus 1:1,(c) in the case of a building on land within Zone No 3 (c2) bounded by McIntosh Street, O'Brien Street, the Pacific Highway and Railway Street--3.75:1 or the ratio of the gross floor area to the site area for that building calculated in accordance with subclause (2) (e) plus 1:1, whichever is the lesser,(d) in the case of a building on land within Zone No 3 (c3), other than land bounded by Archer Street, Albert Avenue and Bertram Street, being parts of Lots 7-10, DP 1535--2.5:1,(e) in the case of a building on land within Zone No 3 (c4)--0.75:1.
(7) The consent authority may consent to the erection of a building within a zone referred to in subclause (6) which exceeds the ratio of the gross floor area to the site area specified in subclause (2) only to the extent of:(a) 2 square metres gross floor area for each 1 square metre approved by it under subclause (3) as a public precinct for the purposes of this clause, or(b) 4 square metres gross floor area for each 1 square metre approved by it under subclause (4) as a public road for the purposes of this clause.
(8) Where:(a) a development application is made for consent to the erection of a building on land within Zone No 3 (c1), 3 (c2) or 3 (c3), and(b) the plans submitted with the application make provision for floor area to be used for one or more of the purposes referred to in Schedule 7,the consent authority may approve that floor area as a community or recreation area for the purposes of this clause.
(9) Notwithstanding subclause (2) or (6), where the consent authority approves an area within Zone No 3 (c1), 3 (c2) or 3 (c3) on plans accompanying a development application as a community or recreation area for the purposes of this clause, the consent authority may consent to the erection of a building on that area if the ratio of the gross floor area to the site area exceeds, by not more that 1:1, the ratio of the gross floor area to site area otherwise permitted under this clause in respect of that building.
(9A) Subclause (9) does not apply to land bounded by Archer Street, Albert Avenue and Bertram Street, being parts of Lots 7-10, DP 1535.
(10) Notwithstanding subclause (2) or (6), the consent authority may grant consent to the erection of a building on part of the land bounded by Railway Street, O'Brien Street, Help Street and Cambridge Lane where the ratio of the gross floor area of the building to the site area of that part of the land on which the building is to be erected exceeds the maximum amount allowable under subclause (2) or (6), but only if the ratio of the gross floor area of all buildings erected and proposed to be erected on the land to the whole of the area of the land which is within Zone No 3 (c2) does not exceed the ratio applicable to that land within Zone No 3 (c2) under subclauses (2) and (6).
(11) Subclauses (1)-(10) do not apply to the following land:(a) land within Zone 3 (c2) that is bounded by Thomas Street and Albert Avenue (other than 20 and 22 Thomas Street), as shown edged heavy black on Sheet 2 of the map marked " Willoughby Local Environmental Plan 1995 (Amendment No 65) ", and(b) land within Zone 3 (c3) at the corner of Archer Street and Albert Avenue, as shown edged heavy black on Sheet 2 of that map.
(12) The consent authority must not consent to the erection of a building on land referred to:(a) in subclause (11) (a), if the ratio of the gross floor area to the site area exceeds 5.5:1, or(b) in subclause (11) (b), if the ratio of the gross floor area to the site area exceeds 2.7:1, except:(i) in respect of development for the purposes of a hospital, in which case the ratio of the gross floor area to the site area is not to exceed 4:1, or(ii) in respect of development for the purposes of a nursing home that is attached to, or used in conjunction with, other permissible development on the site (or both), in which case the consent authority is not to have regard to the gross floor area of the nursing home in the calculation of the floor space ratio.