Part 1 Preliminary

Part 1 Preliminary

1 Name of plan

1 Name of plan

This plan is Sydney Local Environmental Plan 2005.

2 Land covered by this plan

2 Land covered by this plan

(1) Chapter 1 of this plan applies to all of the land to which this plan applies, being the land shown edged heavy red on the Plan Coverage Map.

(2) Chapter 2 of this plan applies to Central Sydney.

(3) Chapter 3 of this plan applies to Ultimo-Pyrmont.

3 Consent authority

3 Consent authority

Except as provided otherwise by the Act, the consent authority for development applications relating to land to which this plan applies is—

(a) the Council, or

(b) if the development concerned is major development within the meaning of Part 4 of the City of Sydney Act 1988—the Central Sydney Planning Committee.

Note.

The Minister is the consent authority for any development requiring consent under Part 4 of the Act that, in the opinion of the Minister, is of a kind described in Schedule 6 to State Environmental Planning Policy (Major Projects) 2005. The approval of the Minister may also be required for the carrying out of development referred to in Part 3A of the Act (Major infrastructure and other projects).

4 Effect of aims, strategies, principles and policies

4 Effect of aims, strategies, principles and policies

The consent authority, in considering any proposed development, must have regard to the relevant aims, strategies and principles contained in this plan and may have regard to any published planning and design provisions and policies adopted by the Central Sydney Planning Committee or the Council.

5 Review of this plan

5 Review of this plan

(1) The Council is to review this plan on a 5 yearly basis after the commencement of this plan.

(2) This clause does not affect the requirement for the Council to keep this plan under regular and periodic review imposed by section 73 of the Act.

6 Dictionary

6 Dictionary

Expressions used in this plan that are defined in the Dictionary at the end of this plan have the meanings given them by the Dictionary.

7 Notes

7 Notes

Explanatory notes in the text and notes on maps and diagrams do not form part of this plan.

8 Adoption of Model Provisions

8 Adoption of Model Provisions

(1) This plan adopts the Environmental Planning and Assessment Model Provisions 1980, except for Part 2 (Definitions), clause 15 (Conversion of buildings), clause 16 (Residential flat buildings—parking) and clause 17 (Residential flat buildings—setbacks) of those provisions.

Note.

See clause 289 (2) of the Environmental Planning and Assessment Regulation 2000 which provides for the adoption of the Model Provisions by environmental planning instruments despite the repeal of section 33 of the Act.

(2) On the commencement of this plan, any order that was in force immediately before that commencement after having been made under clause 8 (Preservation of trees) of the Environmental Planning and Assessment Model Provisions 1980, as adopted by Central Sydney Local Environmental Plan 1996, is taken to be made under that clause as adopted by this clause.

9 Relationship of this plan to other environmental planning instruments

9 Relationship of this plan to other environmental planning instruments

(1) This plan repeals Central Sydney Heritage Local Environmental Plan 2000.

(2) This plan amends Central Sydney Local Environmental Plan 1996 by omitting all provisions except clauses 1, 2 and 10.

(3) (Repealed)

(4) State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development is amended by omitting clause 6A.

(5) Sydney Regional Environmental Plan No 26—City West is amended by inserting at the end of clause 2—

However, this plan does not apply to land to which Sydney Local Environmental Plan 2005 applies.

cl 9: Am 2019 (659), Sch 1.34[1].

10 Waiver of certain development standards

10 Waiver of certain development standards

(1) Consent may be granted to development of land in Central Sydney, or of land in Ultimo-Pyrmont that is not in a master plan area, even though the proposed development contravenes a maximum height or maximum floor space ratio for a building, or a maximum vehicle parking requirement, imposed by a development standard, but only if the consent authority is satisfied that—

(a) all the objectives of the development standard will be fulfilled, and

(b) the contravention will not—

(i) create an undesirable precedent for other development, or

(ii) diminish the overall effect of the development standard for development in the vicinity of the site, and

(c) the particular physical attributes of—

(i) the site, in terms of location, context, slope, site configuration and the like, and

(ii) the proposed development, in terms of urban form, bulk, height, floor space ratio, carparking, and the like,

will render the strict application of the development standard unreasonable or unnecessary in the circumstances, and

(d) the proposed development will improve or contribute positively to the public domain and would achieve design excellence.

(2) A consent may be granted pursuant to this clause only if the building concerned—

(a) does not contravene the maximum building height set for the building by Chapter 2 or 3 by more than 10% of that maximum building height or the height of one floor of the building, whichever is the greater, and

(b) does not contravene the maximum floor space ratio for the building set for the building by Chapter 2 or 3 by more than 10% of that maximum floor space ratio or the proportion of the floor space ratio of the building attributable to one floor in the building, whichever is the greater, and

(c) does not contravene a maximum amount of vehicle parking set for the building by Chapter 2 or 3 by more than 10% of that maximum amount.

(3) In determining the above, the consent authority shall have regard to whether this clause has been previously applied to the site of the proposed development.

(4) If the site of the proposed development is in Central Sydney, consent may be granted for an additional amount of floor space area pursuant to this clause only if the consent authority is satisfied that an amount of heritage floor space equal to the additional amount has been or will be allocated to the site.

(5) This clause is subject to clauses 48 (4), 49 (2), 50 (4) and (6) and 52.

10A Exceptions to development standards

10A Exceptions to development standards

(1) The objectives of this clause are as follows—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(5), (6) (Repealed)

(7) This clause does not allow development consent to be granted for development that would contravene any of the following—

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c) a development standard that sets a maximum height for a building, a maximum floor space ratio for a building or a maximum amount of vehicle parking on land within Central Sydney, or on land within Ultimo-Pyrmont that is not in a master plan area,

(d) clause 48, other than the requirement relating to the sun access planes for Pitt Street Mall identified as plane F1 and F2 in the sun access planes table in Schedule 2,

(e) clause 49, other than the requirement relating to overshadowing of Australia Square, Chifley Square, First Government House Place and Sydney Town Hall steps.

cl 10A: Ins 2019 (659), Sch 1.34[2]. Am 2023 (524), Sch 1.1[1].

Part 2 Aims, strategies and principles of this plan

Part 2 Aims, strategies and principles of this plan

11 Aims of this plan

11 Aims of this plan

The aims of this plan are—

(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, and

(a) to protect and enhance the diversity and special qualities of the City of Sydney, and its surrounding areas, and

(b) to establish the City of Sydney as the best place to live in, work in and visit, and

(c) to foster environmental, economic, social and physical well-being so that the City of Sydney continues to develop as an integrated, balanced, sustainable and prosperous living city of world standing, and

(d) to encourage orderly, sustainable and high quality development of land and other resources within the City of Sydney, and

(e) to conserve the environmental heritage of the City of Sydney.

cl 11: Am 2020 (724), Sch 2[2].

12 Strategies for achieving aims of this plan

12 Strategies for achieving aims of this plan

The strategies for achieving the aims of this plan are—

(a) development of the City of Sydney as a vibrant, culturally diverse, multi-use city centre, and

(b) continued growth of a permanent residential population in Central Sydney and the provision of a full range of housing including affordable housing, and

(c) provision of appropriate development potential, and

(d) provision of visitor and tourist accommodation, and

(e) enhancement of Central Sydney as Australia’s pre-eminent retail centre, and

(f) protection and enhancement of the amenity of residents, workers and visitors, and

(g) protection and enhancement of the quality and amenity of the public domain—the parks, places, streets and lanes, and

(h) protection of the intricate urban fabric, and

(i) protection of Special Areas in Central Sydney, and

(j) conservation of heritage items and areas, and

(k) achievement of a high quality of urban form and design in buildings and in the relationship of buildings to neighbouring development and the public domain, and

(l) development of the City of Sydney with regard to the principles of ecologically sustainable development, and

(m) protection and enhancement of the natural environment, including the City of Sydney’s parks and Sydney Harbour, and

(n) maximisation of use of public transport, walking and cycling for trips to, from and within the City of Sydney, and

(o) provision of a high quality pedestrian environment, which is accessible to all its residents, workers and visitors, and

(p) efficient and orderly management of all phases of the development process, including the construction phase, and

(q) protection and enhancement of views and vistas to the harbour, parkland and buildings and places of historic and aesthetic significance, and

(r) facilitation of the provision of access for people with disabilities, and

(s) continuation of maritime and port functions located at the Darling Harbour Wharves 3 to 8.

13 Principles to be followed in implementing strategies

13 Principles to be followed in implementing strategies

The principles to be followed in implementing the strategies of this plan for achieving its aims are as follows—

(a) recognition of the responsibilities of this generation to future generations in relation to environmental quality and resource usage by respecting the limits of natural and physical resources,

(b) acknowledgment of the diversity of Sydney’s cultural heritage from pre-European occupation to the current time,

(c) involvement of the community in the planning process by ensuring openness, accountability and transparency in the decision-making process,

(d) consistent application of the provisions of this plan so that the aims and strategies of this plan can be achieved and implemented in practice, and provide certainty for applicants for development consents, investors, residents and the public,

(e) consistent and proper regard for the aims and strategies of this plan, in particular, when development applications are being determined.

Part 3 Consent for development

Part 3 Consent for development

14 Saving of certain development applications and development plans

14 Saving of certain development applications and development plans

(1) The 1996 LEP, Central Sydney Heritage Local Environmental Plan 2000 and Sydney Regional Environmental Plan No 26—City West, as in force immediately before the commencement of this plan, apply to and in respect of the following, as if this plan had not been made—

(a) a development application (whether or not for a staged development consent)—

(i) that was lodged but was not finally determined before the commencement of this plan, and

(ii) that could have been consented to under the 1996 plan without any need for a related development plan being adopted under the 1996 LEP either because clause 28B of that plan did not apply to the proposed development or because of clause 28B (4) or (5) (a) or 28C (5) of that plan, and

(b) a development application (other than an application to which paragraph (a) applies and whether or not for a staged development consent)—

(i) that was lodged (but was not finally determined) before, or is lodged after, the commencement of this plan, and

(ii) that is substantially in accordance with a development plan that was adopted under the 1996 LEP before that commencement or a development plan that was lodged before that commencement for adoption under the 1996 LEP and has been adopted under the 1996 LEP after that commencement because paragraph (d) applies, and

(c) a development application lodged after that commencement that is substantially in accordance with either a staged development consent granted before that commencement or a staged development consent granted after that commencement to a development application referred to in paragraph (a) or (b), and

(d) a development plan lodged for adoption under Central Sydney Local Environmental Plan 1996, but not adopted, before that commencement.

(1A) The amendments made to this plan by Sydney Local Environmental Plan Amendment (Serviced Apartments) 2019 do not apply to a development application made but not finally determined before the commencement of those amendments.

(1B) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

(2) In this clause—

staged development consent means a development consent subject to a condition imposed under section 80 (5) of the Act.

the 1996 LEP means Central Sydney Local Environmental Plan 1996 as in force immediately before the commencement of this plan.

cl 14: Am 2019 (661), Sch 1.1[1]; 2023 (524), Sch 1.1[5].

15 Effect of covenants and like instruments

15 Effect of covenants and like instruments

(1) A consent may be granted subject to conditions that require the creation of a restrictive or positive covenant on any land.

(2) Any agreement, covenant or other similar instrument does not apply to development allowed by this plan in Ultimo-Pyrmont to the extent necessary to allow the development to be carried out in accordance with this plan, and any consent granted pursuant to this plan, as in force from time to time.

(3) Subclause (2) does not affect the application of any of the following—

(a) any agreement, covenant or other similar instrument entered into, before or after the commencement of this clause, by the Minister, the Council, the former South Sydney City Council or the Sydney Harbour Foreshore Authority,

(b) any covenant required, before or after the commencement of this clause, by a condition of a development consent or by the Minister, the Council, the former South Sydney Council or the Sydney Harbour Foreshore Authority.

(4) Pursuant to section 28 of the Act, the Governor approved of subclauses (2) and (3) before this plan was made.

16 Exempt and complying development

16 Exempt and complying development

(1) Development is exempt development for the purposes of this plan only if it—

(a) is of minimal environmental impact, and

(b) is a type of development listed as exempt development in—

(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or

(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development, and

(c) complies with all of the requirements for exempt development made by—

(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or

(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development,

despite any other provision of this plan.

(1A) Clause 3.1 of, and Schedule 2 to, the Sydney Local Environmental Plan 2012 (to the extent that they specify street art as exempt development) apply to development on land to which this plan applies in the same way as they apply to development on land to which that Plan applies.

(2) Development is complying development for the purposes of this plan only if it is—

(a) local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) is a type of development listed as complying development in,

(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or

(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development, and

(c) complies with all the requirements for complying development of that type made by—

(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or

(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development,

despite any other provision of this plan.

(3) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in—

(a) for Central Sydney, the Central Sydney Exempt and Complying DCP, or

(b) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development.

cl 16: Am 2017 (751), Sch 1.6.

17 Consent for demolition

17 Consent for demolition

(1) Consent must not be granted to development proposing the demolition of a building unless—

(a) the application also proposes the comprehensive redevelopment of the site after the demolition has been carried out, or

(b) a consent is in force for the comprehensive redevelopment of the site, or

(c) a consent is at the same time granted to the comprehensive development of the site proposed by another development application.

(2) Consent must not be granted for demolition of a building unless the consent authority has compared the likely environmental impact of any replacement building proposed to be erected on the site when the site is redeveloped with the environmental impact of the building it would replace.

18 Subdivision

18 Subdivision

(1) Subdivision of land, including subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, may be carried out only with development consent.

(2) Development consent may be granted to a subdivision only if the consent authority is satisfied that the subdivision will result in lots that—

(a) if the subdivision is for the purpose of the erection of a building, are capable of accommodating a building that—

(i) complies with all relevant requirements made by this plan, including those relating to maximum building height and floor space ratio, urban design, design excellence and heritage conservation, and

(ii) is not an overdevelopment of the lot, and

(iii) facilitates orderly and high quality development of the resultant lots, and

(b) provide an appropriate curtilage for any heritage item on the land that does not adversely affect the heritage significance of the item, and

(c) are compatible with the existing subdivision pattern of the locality.

(3) A lot, or part of a lot, identified in a plan of subdivision for which consent is granted as being for use for carparking in relation to a specified residential unit must be used only by a resident or other occupant of the building that contains the residential unit.

(4) Before granting consent for stratum subdivision of a building, the consent authority must consider whether the related building management statement or strata management statement adequately addresses the ongoing maintenance, upgrading, redevelopment and structural adequacy of the part of the building within each proposed stratum lot.

(5) Before granting the subdivision certificate for strata subdivision of a new or refurbished building, the consent authority must be satisfied that any occupation certificate needed before the building is occupied has been issued.

18A Temporary use of land

18A Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

cll 18A: Ins 2019 (659), Sch 2.35.

18B Conversion of fire alarms

18B Conversion of fire alarms

(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subclause (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cll 18B: Ins 2019 (659), Sch 2.35.

18C Standards that cannot be used to refuse consent—playing and performing music

18C Standards that cannot be used to refuse consent—playing and performing music

(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a) the playing or performance of music, including the following—

(i) the genre of music played or performed, or

(ii) whether the music played or performed is live or amplified, or

(iii) whether the music played or performed is original music, or

(iv) the number of musicians or live entertainment acts playing or performing, or

(v) the type of instruments played,

(b) whether dancing occurs,

(c) the presence or use of a dance floor or another area ordinarily used for dancing,

(d) the direction in which a stage for players or performers faces,

(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3) In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 18C: Ins 2020 (724), Sch 3.

18D Public bushland

18D Public bushland

(1) The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—

(a) preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and

(b) preserving bushland as a natural stabiliser of the soil surface, and

(c) preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and

(d) preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and

(e) mitigating disturbance caused by development.

(2) Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.

(3) Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—

(a) the disturbance of the bushland is essential for a purpose in the public interest,

(b) there is no reasonable alternative to the disturbance,

(c) the development minimises the amount of bushland to be disturbed,

(d) the development includes measures to remediate the disturbed bushland.

(4) Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—

(a) the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,

(b) the construction, operation or maintenance of electricity or telecommunication lines,

(c) bush fire hazard reduction,

(d) the construction or maintenance of classified roads,

(e) facilitating the recreational use of the public bushland.

(5) Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—

(a) the recreational use of the land,

(b) bush fire hazard reduction,

(c) the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,

(d) the remediation of degraded public bushland.

(6) This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.

(7) In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—

(a) the need to retain public bushland adjoining the site of the development,

(b) the likely effect of the development on public bushland, including the following—

(i) the erosion of soil,

(ii) the siltation of streams and waterways,

(iii) the spread of weeds and non-native plants within public bushland,

(c) other matters the consent authority considers relevant to the protection and preservation of public bushland.

(8) This clause does not apply to the following land that is public bushland—

(a) land in Zone RU1, RU2, RU3, RU4 or RU5,

(b) land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,

(c) land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,

(d) land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.

(9) In this clause—

disturb public bushland means—

(a) remove vegetation from public bushland, or

(b) cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.

non-native plant means a plant that is not native vegetation.

public bushland means land—

(a) on which there is vegetation that is—

(i) a remainder of the natural vegetation of the land, or

(ii) representative of the structure and floristics of the natural vegetation of the land, and

(b) that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.

cl 18D: Ins 2022 (629), Sch 2[3].

18E Canal estate development prohibited

18E Canal estate development prohibited

(1) Canal estate development is prohibited on land to which this Plan applies.

(2) In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 18E: Ins 2022 (629), Sch 2[4].

Part 4 Notification and advertising

Part 4 Notification and advertising

19 Notification of development to owners of adjoining land

19 Notification of development to owners of adjoining land

(1) When an application is made for consent to carry out development on any land, the consent authority must give written notice of the application to such persons as appear to it to own adjoining land.

(2) If the adjoining land is common property or a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, a written notice to the owners corporation of the strata scheme concerned is sufficient notice to the owner of each lot within the scheme.

(3) Each notice is to contain the following information—

(a) the address of the land to which the development application relates,

(b) a description of the proposed development,

(c) a plan showing the site of the proposed development,

(d) the name of the applicant,

(e) a statement to the effect that the development application referred to in the notice and the documents accompanying the application may be inspected at the office of the Council at any time during ordinary office hours within a period of 14 days from the date shown on the written notice,

(f) a statement to the effect that any person, during the period of 14 days from the date shown on the written notice, may make a submission in writing to the consent authority in relation to the development application.

(4) This clause does not require the consent authority to give notice of an application for consent to carry out development that the consent authority considers to be of a minor nature and that, in the consent authority’s opinion, will not detrimentally affect the use and enjoyment of adjoining land.

20 Advertising of notice of development affecting other land

20 Advertising of notice of development affecting other land

(1) If an application is made for consent to carry out on any land development that, in the consent authority’s opinion, may have a significant environmental effect, the consent authority must advertise the development application in a major newspaper circulating in the City of Sydney.

(2) Any person may inspect the development application at the office of the Council at any time during ordinary office hours within a period of not less than 14 days after the date of publication of the advertisement.

21 Exceptions to advertising requirements

21 Exceptions to advertising requirements

(1) Clauses 19 and 20 do not apply if—

(a) a development application is amended in a way that is considered by the consent authority to be minor or to result in lesser impact, or such a development application is withdrawn, and a subsequent application made that is considered by the consent authority to relate to substantially the same development, or would result in lesser impact than the development initially proposed, and

(b) the consent authority has already complied with clauses 19 and 20 (if applicable) with respect to the development initially proposed.

(2) Clauses 19 and 20 do not apply to designated development or integrated development as defined by the Act.

Part 5 Urban form, design excellence and environmental design

Part 5 Urban form, design excellence and environmental design

Division 1 Urban form

Division 1 Urban form

22 Objectives for development plans

22 Objectives for development plans

The objectives for development plans are as follows—

(a) to promote design excellence in terms of urban form, massing, bulk and architectural treatment,

(b) to provide an analysis of site constraints and opportunities that can form the basis for determining the most appropriate floor space ratio and height, within the limits set by this plan, and the most appropriate development, for certain sites,

(c) to promote design concepts for certain sites that ensure separation between tower forms,

(d) to provide for a high quality amenity to the streets of Sydney and to uses located to the side and rear of certain mid-block sites.

23 Development plans

23 Development plans

(1) This clause applies to the following development—

(a) any development comprising the erection of a building exceeding 55 metres in height,

(b) any development of land exceeding 1,500 square metres in area,

(c) any development of the land comprising Darling Harbour Wharves 9 and 10,

(d) any development of the land comprising Carlton and United Brewery site, Chippendale, as outlined in red and annotated (iv) on the Central Sydney Site Identification Map,

(e) any development of the land comprising Central Railway—Western Precinct, as outlined in red and annotated (ii) on the Central Sydney Site Identification Map.

(2) This clause does not apply to land within Ultimo-Pyrmont for which a master plan is required by Chapter 3, whether or not a master plan has been adopted for the land.

(3) Except as provided by subclauses (4) and (5) and clause 25 (6), consent must not be granted for development to which this clause applies unless—

(a) a development plan is in force for the land on which the development is proposed to be carried out, and

(b) the consent authority has taken the development plan into consideration.

(4) The consent authority may waive compliance with the requirements of subclause (3)—

(a) for any alterations or additions to an existing building that, in the opinion of the consent authority, do not significantly increase the existing floor space ratio or height of the building, do not have a substantial impact on adjoining buildings and are not visible from the street, and

(b) for any replacement use resulting from a change of use, any use the hours of operation of which are extended or any temporary use of an existing building, and

(c) for the strata subdivision of an existing building, and

(d) for any other development that, in the opinion of the consent authority, is of a similar nature to development referred to in paragraph (a), (b) or (c), and

(e) for any other development for which the consent authority considers it would be unreasonable or unnecessary to require compliance with those requirements.

(5) A development plan is not required so as to allow the granting of—

(a) a consent subject to a condition referred to in section 80 (5) of the Act (a consent for staged development), if the development application addressed the matters that would have been required to be in a development plan and to be taken into account if this exception had not been made, or

(b) a subsequent consent—

(i) to which that condition relates, or

(ii) to which a condition imposed under that subsection on a consent for staged development granted before or after the commencement of this plan relates, if the development application for that consent was or (pursuant to clause 14) is consented to under Central Sydney Local Environmental Plan 1996.

(6) The following instruments are taken to be development plans adopted under this Chapter by the consent authority—

(a) any instrument adopted by the consent authority as a development plan under Central Sydney Local Environmental Plan 1996 before the commencement of this plan or, if it is a development plan to which clause 14 (1) (d) applies, after that commencement,

(b) Darling Harbour Wharves 9 & 10 Master Plan, as amended by Amendment No 1 approved by the Central Sydney Planning Committee on 24 July 1997,

(c) Central Railway Precinct Master Plan approved by the Central Sydney Planning Committee in 1997.

(7) Copies of—

(a) the instrument referred to in subclause (6) (a) are available from the office of the Council, and

(b) the instrument referred to in subclause (6) (b) are available from the office of the Sydney Harbour Foreshore Authority.

(8) To remove any doubt, this clause does not apply to the granting of consent to a development application if this plan does not apply to or in respect of that application because of clause 14 (Saving of certain development applications and development plans).

24 Use of development plans to achieve different standards

24 Use of development plans to achieve different standards

(1) This clause applies to land at Regent Street (South) as shown outlined in solid red and annotated (v) on the Central Sydney Site Identification Map.

(2) Consent may be granted for development on land to which this clause applies that will result in a building that exceeds the height or floor space ratio shown for the land on the Central Sydney Height Map or Central Sydney Floor Space Ratio Map, or exceeds both that height and that floor space ratio, if—

(a) a development plan is in force for the land on which the development is proposed to be carried out, and

(b) the consent authority is satisfied that the development is consistent with that development plan.

(3) Nothing in this plan allows consent to be granted for development on land to which this clause applies that will result in a building with—

(a) a height that is greater than 15 metres, or

(b) a floor space ratio that is greater than 1:1 above the floor space ratio shown for the land on the Central Sydney Floor Space Ratio Map.

25 General requirements for development plans

25 General requirements for development plans

(1) A draft development plan may be prepared for land—

(a) by the owner of the land, or by a person authorised by the owner, in consultation with the consent authority, or

(b) by the consent authority in consultation with the owner of the land, or with a person authorised by the owner.

(2) A development plan may be adopted by the consent authority only if it is satisfied that—

(a) the plan proposes development that can achieve design excellence, having regard to clause 26 and particularly the matters referred to in clause 26 (2), and

(b) the development plan addresses, to the satisfaction of the consent authority, whether—

(i) the proposed envelope, including floor space ratio and height, is appropriate to its site and context, and

(ii) it provides an appropriate design response to an analysis of the site and its context that adequately addresses the matters set out in subclause (3), and

(iii) the development plan proposes development that complies with the other requirements of this plan.

(3) In order to demonstrate an appropriate design response to an analysis of the site, the development plan must address the following matters—

(a) the suitability of the land for development,

(b) existing and proposed uses and use mix,

(c) heritage issues and streetscape constraints,

(d) 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,

(e) bulk, massing and modulation of buildings,

(f) street frontage heights,

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

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

(i) pedestrian, cycle, vehicular and service access, circulation and requirements,

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

(4) Before considering a draft development plan, the consent authority must—

(a) give notice of, and advertise, the draft plan in accordance with clauses 19 and 20 in the same way, and to the same persons, as notice of a development application is required to be given and advertised under those clauses, and

(b) take into account any written submissions made in response to the notice within the time allowed by clause 19.

(5) After considering a draft development plan, the consent authority—

(a) may adopt the development plan without variation, or

(b) may adopt the development plan with such variation as it considers appropriate, or

(c) may refuse to adopt the development plan, or

(d) may prepare an alternative development plan.

(6) If no decision has been made by the consent authority in relation to a draft development plan prepared by the owner of land (or by a person authorised by the owner of land) within 60 days after the draft plan was lodged with the consent authority for adoption—

(a) the consent authority is not prevented from granting consent to development to which clause 23 applies because no development plan has been adopted, but

(b) may grant consent to a development application proposing such development only if it is satisfied that it addresses the matters set out in subclause (2).

(7) A draft development plan becomes a development plan when it is adopted by the consent authority.

(8) Notice of the adoption of a development plan must be given to the owner of the land to which it relates.

(9) A development plan has effect for 3 years from the date on which it is adopted or for such other period as the consent authority may from time to time determine.

(10) When a development plan is adopted by the consent authority, the applicant must provide the consent authority with a copy of the development plan, incorporating any alterations that were required by the consent authority, to be kept as part of a register by the Council and to be made available for public inspection during the ordinary office hours of the Council.

(11) A development plan may be amended from time to time by a further development plan.

(12) The consent authority may waive compliance with the requirements of subclause (3) in relation to an amending development plan if it is of the opinion that the amendment is of a minor nature and does not affect any provisions of the development plan being amended in relation to floor space ratio, height or bulk.

Division 2 Design excellence

Division 2 Design excellence

26 Design excellence

26 Design excellence

(1) Consent must not be granted to a new building or to external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.

(2) In considering whether proposed development 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 building will improve the quality and amenity of the public domain,

(c) whether the new development detrimentally impacts on view corridors identified in the relevant development control plan.

(3) Any requirement for a development plan for the site is not displaced if the design of the new or altered building is the result of a competitive process.

(4) Where a development plan is in force for the site, the consent authority must consider whether the design of the new or altered building is the result of a competitive process, undertaken in accordance with an adopted design brief and guidelines, that facilitates achievement of design excellence.

(5) Where there is not a development plan in force for the site, the consent authority may have regard to whether the design of the new or altered building is the result of a design competition that—

(a) is consistent with any relevant development control plan, and

(b) satisfies the requirements for design competitions in any relevant development control plan.

(6) If the consent authority is satisfied that the proposed development exhibits design excellence and is the result of a design competition, it is to reduce the amount of heritage floor space that would otherwise be required to be allocated to the site under clause 62 by 50 per cent, up to a maximum of 1,000 square metres.

Division 3 Environmental design

Division 3 Environmental design

27 Ecologically sustainable development

27 Ecologically sustainable development

Before granting consent for development related to a building, the consent authority must have regard to the principles of ecologically sustainable development based on a “whole of building” approach by considering—

(a) greenhouse gas reduction, and

(b) embodied energy in materials and building processes, and

(c) building design and orientation, and

(d) passive solar design and daylighting, and

(e) natural ventilation, and

(f) energy efficiency and energy conservation, and

(g) water conservation and grey water reuse, and

(h) waste minimisation and recycling, and

(i) reduction of car dependence, and

(j) potential for adaptive reuse.

Part 6 Special provisions for certain uses

Part 6 Special provisions for certain uses

28 Objectives for amusement centres, brothels, restricted premises, late opening pubs and the like

28 Objectives for amusement centres, brothels, restricted premises, late opening pubs and the like

The objectives of this Part are—

(a) to minimise the impact of certain uses which may degrade the amenity of the City of Sydney, such as amusement centres, brothels, restricted premises, late opening pubs and the like, and

(b) to ensure that such uses are not concentrated together, and that their cumulative impact is assessed, and

(c) to improve the character and attractiveness of the City of Sydney for residential, retail, commercial and cultural activities.

29 Amusement centres, brothels, restricted premises, late opening pubs and the like

29 Amusement centres, brothels, restricted premises, late opening pubs and the like

Consent may be granted to the carrying out of development for the purpose of amusement centres, brothels, restricted premises, late opening pubs and the like only if the consent authority is satisfied that—

(a) the proposal would not have a detrimental impact on the amenity of the locality and the desired character of the locality, as indicated by—

(i) the objectives for the zone in which the land is situated, and

(ii) if the land is in a Special Area, the character statements and specific objectives for the Special Area as set out in Schedule 6,

(b) the proposal would not result in an inappropriate concentration of that use and, together with other of the above uses in the locality, result in a detrimental cumulative impact, and

(c) the proposal would not be detrimental to other uses considered to be more consistent with the objectives of the zone in which the land is situated.

30 Duty free stores

30 Duty free stores

Consent must not be granted to development for the purpose of a duty free store, including development that would result in the expansion of a duty free store, unless the consent authority is satisfied that the development will not have an adverse traffic impact on city streets, having particular regard to the increase in the numbers of buses and coaches likely to be generated by the development.

31 The objectives of this Chapter

31 The objectives of this Chapter

The objectives of this Chapter are—

(a) the reinforcement of the major functions of Central Sydney, especially its commercial role and maritime trading role, and

(b) the reinforcement of the status of Central Sydney as the primary centre in the Sydney Metropolitan region, and

(c) the provision of sufficient development potential within Central Sydney, and

(d) the managed growth of a permanent residential population in Central Sydney and the provision of a full range of residential accommodation, and

(e) the provision of tourist and visitor accommodation in Central Sydney, and

(f) the enhancement of Central Sydney as Australia’s pre-eminent retail centre, and

(g) the protection of Special Areas within Central Sydney.

32 Land use zones

32 Land use zones

The following land use zones within Central Sydney are shown on the Central Sydney Zoning Map. The zones are—

(a) City Centre zone,

(b) City Edge zone,

(c) Residential zone,

(d) Maritime and Transport zone,

(e) Parks and Community Places zone.

33 Effect of zone objectives

33 Effect of zone objectives

The consent authority, before consenting to development or adopting a proposed development plan for any land, must have regard to the objectives of the zone in which the development is proposed to be carried out or in which the land is situated.

34 Development near zone boundaries

34 Development near zone boundaries

(1) This clause applies to land that is within 5 metres of the boundary between two zones.

(2) Land to which this clause applies may, with development consent, be developed for any purpose for which land in the adjoining zone may be developed if the development would be prohibited in the absence of this clause.

35 Permissible uses for heritage items

35 Permissible uses for heritage items

The consent authority may grant consent to the use, for any purpose, of a heritage item even though the use would otherwise be prohibited, if it is satisfied that—

(a) the proposed use would not have a significant effect on the heritage significance of the heritage item or the amenity of the locality, and

(b) conservation of the heritage item would be assisted by the granting of the consent.

36 Objectives of the City Centre zone

36 Objectives of the City Centre zone

The objectives of the City Centre zone are—

(a) to encourage Central Sydney’s role and growth as one of the Asia-Pacific region’s principal centres for finance, commerce, retailing, tourism, cultural activities, entertainment and government, and

(b) to permit a diversity of uses which reinforce the multi-use character of Central Sydney, and

(c) to facilitate the development of buildings and works that are of a scale and character consistent with achieving the other objectives of this zone, and

(d) to provide for increased residential development with appropriate amenity and to ensure the maintenance of a range of housing choices, and

(e) to enhance the amenity of parks and community places by protecting sun access, and

(f) to ensure wind levels are consistent with pedestrian comfort and the amenity of the public domain, and

(g) to ensure satisfactory sky exposure, levels of daylight and ventilation to the public areas of Sydney, including the parks, places, streets and lanes, and

(h) to recognise and enhance the character of Special Areas, and

(i) to facilitate the conservation of items and areas of heritage significance, and

(j) to protect the fine-grained urban fabric of Central Sydney, especially the existing network of streets and lanes, and to provide for high quality development that contributes to the existing urban form, and

(k) to extend retail uses on frontages to retail streets, and

(l) to provide active frontages to streets.

37 Development within the City Centre zone

37 Development within the City Centre zone

(1) Development may be carried out without consent within the City Centre zone if it is exempt development.

(2) Within the City Centre zone, any other development (including use of land for the purpose of advertisements or advertising structures, a new use of a building for the purpose of a duty free store and temporary uses) may be carried out, but only with development consent.

(3) However, in the area bounded by King, Elizabeth, Market and George Streets—

(a) development at ground floor level may be carried out only for the purpose of shops, refreshment rooms and access to other uses on other levels, and

(b) development for the purpose of brothels is prohibited.

38 Objectives of the City Edge zone

38 Objectives of the City Edge zone

The objectives of the City Edge zone are—

(a) to encourage a mixed-use, medium density area which will provide a physical transition between the City Centre zone and nearby lower density, mixed-use and residential areas, and

(b) to encourage an increase in the permanent residential population through new residential development or the conversion of existing buildings and to ensure the maintenance of a range of housing choice, and

(c) to recognise the development potential of certain major sites within the zone and to encourage development of them which is consistent with other zone objectives, and

(d) to enhance the amenity of parks and community places by protection of sun access, and

(e) to ensure wind levels are consistent with pedestrian comfort and the amenity of the public domain, and

(f) to ensure adequate levels of daylight to streets, and

(g) to recognise and enhance the character of Special Areas, and

(h) to facilitate the conservation of items and areas of heritage significance, and

(i) to ensure that the number and location of clinics, refuges, crisis centres and other welfare facilities within parts of this zone are compatible with the achievement of other zone objectives.

39 Development within the City Edge zone

39 Development within the City Edge zone

(1) Development may be carried out without consent within the City Edge zone if it is exempt development.

(2) Within the City Edge zone, other development (including use of land for the purpose of advertisements and advertising structures, light industries and temporary uses) may be carried out, but only with development consent.

(3) Development for the purpose of amusement centres is prohibited on land in the Oxford Street area shown shaded on Map 1 in Schedule 1.

(4) Development for the purpose of brothels is prohibited in the City Edge zone.

cl 39: Am 2022 (771), Sch 1.2[1].

Division 4 Residential zone

Division 4 Residential zone

40 Objectives of the Residential zone

40 Objectives of the Residential zone

The objectives of the Residential zone are—

(a) to maintain a predominantly residential character and land use at Millers Point and for certain land fronting Wylde Street, Potts Point, and

(b) to facilitate additional residential development that is consistent with the existing residential character and use of those locations, and

(c) to ensure the maintenance of a range of housing choice, and

(d) to facilitate the conservation of items and areas of heritage significance, and

(e) to provide for a limited range and scale of non-residential land uses to serve the local population’s needs, being uses which are compatible with residential amenity and heritage values.

41 Development within the Residential zone

41 Development within the Residential zone

(1) Development may be carried out without consent within the Residential zone if it is exempt development.

(2) Within the Residential zone, development for the purpose of the following may be carried out, but only with development consent—

(a) dwelling-houses,

(b) advertisements,

(c) boarding houses,

(d) child care centres,

(e) educational establishments,

(f) hotels,

(g) medical and dental surgeries (up to a maximum floor space area of 150 square metres),

(h) open space,

(i) places of public worship,

(j) public utility installations,

(k) pubs,

(l) refreshment rooms,

(m) residential buildings (other than dwelling-houses),

(n) serviced apartments,

(o) shops (including grocery and convenience stores),

(p) streets,

(q) temporary uses of any kind.

(3) Any other development is prohibited within the Residential zone, except development involving a class 1 dwelling listed as complying development in the Central Sydney Exempt and Complying DCP.

Division 5 Maritime and Transport zone

Division 5 Maritime and Transport zone

42 Objectives of the Maritime and Transport zone

42 Objectives of the Maritime and Transport zone

The objectives of the Maritime and Transport zone are—

(a) to facilitate the continued operation of port activities, water-based transport services, rail and related transport services, and naval and other maritime activities, and

(b) to provide for the efficient operation of the primary land uses for this zone, namely—

(i) port (cargo and passenger) and related landside activities at North Darling Harbour berths 3–10, and

(ii) ferry and charter boat services at Circular Quay, in a manner consistent with the identification of Circular Quay as a Special Area, and

(iii) the Royal Australian Navy’s Fleet Base at Woolloomooloo and Garden Island, and the Department of Defence’s dockyard and facilities at Garden Island, and

(iv) rail and related services at Central Railway Yards and near the approaches to the Sydney Harbour Bridge, and

(c) to facilitate the conservation of items and areas of heritage significance, and

(d) to provide opportunities for a range of additional uses on particular sites without detrimentally affecting the amenity of the surrounding areas.

43 Development within the Maritime and Transport zone

43 Development within the Maritime and Transport zone

(1) Within the Maritime and Transport zone, exempt development and development for the purpose of the following may be carried out without development consent—

(a) aids to navigation,

(b) commercial port operations,

(c) dredging,

(d) jetties,

(e) naval activities,

(f) pontoons,

(g) reclamation,

(h) sea walls,

(i) streets,

(j) temporary uses on land owned by, or under the care, control and management of, the Council,

(k) wharves.

(2) Within the Maritime and Transport zone, development for the purpose of the following may be carried out on any land, but only with development consent—

(a) public utility undertakings,

(b) temporary uses of any kind on land on which they are not allowed without consent in the zone,

(c) workshops.

(3) Within the part of the Maritime and Transport zone outlined in red and annotated (i) on the Central Sydney Site Identification Map, development for the purpose of the following may be carried out, but only with development consent—

(a) advertisements,

(b) conventions, cultural activities, exhibitions, and like functions,

(c) hotels,

(d) refreshment rooms,

(e) residential buildings,

(f) serviced apartments,

(g) shops,

(h) tourist coach and bus parking or layover,

(i) tourist-related uses,

(j) waterfront-related uses,

(k) commercial uses ordinarily incidental or ancillary to the other particular uses listed in this subclause.

(3A) Within the part of the Maritime and Transport zone outlined in black and shown with black hatching on the Central Sydney Site Identification Map (Sheet 2), development for commercial purposes in addition to the purposes specified in subclause (3) may be carried out, but only with development consent.

(4) Consent must not be granted for development on land within the part of the Maritime and Transport zone shown coloured blue on the Central Sydney Site Identification Map, or on land including any such land, unless the consent authority is satisfied that unobstructed public access will be provided along the foreshore within the land so shown.

(5) Despite subclause (3), within the part of the Maritime and Transport zone shown coloured green on the Central Sydney Site Identification Map, development for the purpose of a residential building is prohibited.

(6) Within the part of the Maritime and Transport zone outlined in pink on the Central Sydney Site Identification Map, development for the purpose of a short-stay public car park containing a maximum of 158 parking spaces may be carried out, but only with development consent. This subclause has effect despite clause 65 but subject to clause 66.

(7) The consent authority must not grant consent as referred to in subclause (6) unless it is satisfied that a covenant has been or will be created that has the effect of restricting the future use of the proposed car park to use for the purpose of a short-stay public car park only.

(8) Within the part of the Maritime and Transport zone outlined in red and annotated (ii) on the Central Sydney Site Identification Map, development for the purpose of the following may be carried out, but only with development consent—

(a) advertisements,

(b) commercial premises,

(c) hotels,

(d) serviced apartments,

(e) shops,

(f) educational establishments.

(9) Within the Part of the Maritime and Transport zone outlined in red and annotated (v) on the Central Sydney Site Identification Map, development for the purpose of the following may be carried out, but only with development consent—

(a) advertisements,

(b) conventions, exhibitions and like uses,

(c) tourist coach and bus parking layover facilities,

(d) public instrumentality offices used for administration,

(e) port and maritime related uses and sympathetic commercial uses,

(f) harbour public open space,

(g) pedestrian linkages and vantage points.

(10) Within the part of the Maritime and Transport zone at Circular Quay and Central Railway Terminal building, development for the purpose of the following may be carried out, but only with development consent—

(a) advertisements,

(b) refreshment rooms,

(c) shops.

(11) Any other development is prohibited within the Maritime and Transport zone.

(12) Consent must not be granted to development referred to in subclause (3) unless the consent authority is satisfied that the pattern and location of any roads or pedestrian thoroughfares concerned is generally in accordance with that shown on the Central Sydney Roads and Pedestrian Thoroughfares Map.

(13) In determining site area for the purpose of calculating floor space ratio of buildings on a site that includes land shown uncoloured on the Central Sydney Floor Space Ratio Map, the area of land so shown is to be excluded from the site area.

(14) In determining the floor space area for the purpose of calculating the floor space ratio of buildings on a site that includes land outlined in pink on the Central Sydney Site Identification Map, the area of any car park referred to in subclause (6) is to be excluded.

(15) In determining floor space area for the purpose of calculating the floor space ratio of buildings on a site that includes land shown hatched black on the Central Sydney Site Identification Map, floor space that will be permanently occupied by a tourist coach and bus parking layover facility on the site may be excluded by the consent authority from the floor space area, subject to subclause (16).

(16) The exclusion can reduce the floor space area of the buildings so that the floor space ratio calculated is less than the floor space ratio for the buildings that would otherwise have been calculated by up to, but no more than 1:1. The extent of the exclusion is to be in proportion to the extent to which the layover facility will, in the opinion of the consent authority, contribute to servicing the needs of the City of Sydney for tourist coach and bus parking layover facilities.

(17) In this clause, short-stay public car park means a car park that is open to the general public and regulated (by a restriction in opening hours or fee structure, or both) so as to discourage commuter parking.

cl 43: Am 2006 (395), Sch 1; 2006 No 120, Sch 2.99.

Division 6 Parks and Community Places zone

Division 6 Parks and Community Places zone

44 Objectives of the Parks and Community Places zone

44 Objectives of the Parks and Community Places zone

The objectives of the Parks and Community Places zone are—

(a) to facilitate continued provision and enhancement of parks and community places, including places in private ownership utilised by the community, as the primary use within this zone, and

(b) to identify existing publicly and privately owned elements of importance for community use, including significant buildings and their parkland or freestanding settings, and

(c) to facilitate the conservation of items and areas of heritage significance, and

(d) to provide for the expansion or redevelopment of existing uses and buildings (including existing underground uses and underground buildings) associated with railway stations, if the expansion or redevelopment is consistent with the primary use of the park or community place at which the railway station is located and the other objectives of this zone, and

(e) to better integrate roads with surrounding or adjoining parks and community places, and

(f) to facilitate continued public access to land and buildings within this zone.

45 Development within the Parks and Community Places zone

45 Development within the Parks and Community Places zone

(1) Development may be carried out without consent within the Parks and Community Places zone if it is exempt development or (unless it is development for the purpose of roads) carried out in accordance with a plan of management.

(2) Within the Parks and Community Places zone, development (other than development in accordance with a plan of management) for the purpose of the following may be carried out on any land, but only with development consent—

(a) buildings used for cultural activities, landscaping and gardening, or recreational facilities,

(b) car parking,

(c) kiosks,

(d) refreshment rooms,

(e) roads, except where carried out as exempt development or in accordance with any plan of management,

(f) shops and commercial premises associated with underground railway stations,

(g) signs incidental or ancillary to another permitted use,

(h) temporary uses of any kind,

(i) underground public utility undertakings, located under the surface of a road or public thoroughfare, or adjacent to or bordering a road or public thoroughfare, but only if the undertakings are not inconsistent with any plan of management,

(j) other land uses which the consent authority is satisfied are incidental or ancillary to land uses which may be lawfully carried out within the zone.

(3) Within the curtilage of the building within the part of the Parks and Community Places zone outlined in red and annotated (iii) on the Central Sydney Site Identification Map, development for the purpose of the following may also be carried out, but only with development consent—

coach and bus parking or layovers and associated facilities, including shops, information facilities, refreshment rooms and ancillary uses.

(4) Within the Parks and Community Places zone, below the plaza ground surface as at the commencement of this plan, on Lot 2, DP 225060, (being part of the land bounded by George Street, Curtin Place, Pitt Street and Bond Street, Sydney, and known as Australia Square), any development (including development for the purpose of advertisements or advertising structures and temporary uses of any kind) may be carried out, but only with development consent.

(5) Consent must not be granted to development of land within the Parks and Community Places zone owned or controlled by the Council or another public authority, unless the consent authority has had regard to each of the following—

(a) the need for the development on the land,

(b) the impact of the proposed development on the existing or likely future use of the land,

(c) the need to retain the land for its existing or likely future use.

(6) Any other development is prohibited within the Parks and Community Places zone.

cll 45: Am 2006 No 120, Sch 2.99.

46 Residential development on Wharf 11, Woolloomooloo

46 Residential development on Wharf 11, Woolloomooloo

(1) Despite clause 45, development for any residential purpose may be carried out, but only with development consent, on land within the Parks and Community Places zone that is outlined in red and annotated (iv) on the Central Sydney Site Identification Map.

(2) Consent for any such development on the land may be granted only if the consent authority is satisfied that—

(a) the proposed development will have little or no adverse effect on the amenity of land in the vicinity of the proposed development, and

(b) conservation of the Finger Wharf would be assisted were the proposed development to be carried out, and

(c) no portion of any building, including plant, will exceed a height of RL 10 metres, exclusive of any public viewing platforms.

(3) The floor space area of all buildings on the land must not result in a floor space ratio that exceeds 0.913:1, of which the floor space area used otherwise than for car parking must not account for more than 0.65:1 and the floor space area used only for car parking must not account for more than 0.263:1.

cll 46: Am 2006 No 120, Sch 2.99.

47 Objectives for control of the height of buildings

47 Objectives for control of the height of buildings

The objectives for control of the height of buildings in Central Sydney are—

(a) to allow sunlight access to key areas of the public domain by ensuring that—

(i) further overshadowing of certain parks and community places is avoided or limited during nominated times, and

(ii) existing overshadowing of certain parks and community places is reduced in the long term, and

(b) to provide a transition of building heights between localities and street blocks, and

(c) to provide high quality urban form for all buildings, while maintaining satisfactory sky exposure and daylight—

(i) to the public areas of Central Sydney, including the parks, places, streets and lanes, and

(ii) to existing buildings and to the sides and rear of tower forms, and

(d) to confine ground level wind speeds to velocities which ensure pedestrian comfort and amenity of the public domain, and

(e) to allow for and promote the ventilation of the City by the free movement of air around and between tower structures, and

(f) to provide sun access to significant sandstone buildings in Special Areas in order to improve the ground level environmental quality of public spaces, and

(g) to ensure that tower development occurs on sites capable of providing appropriate urban form and amenity, and

(h) to nominate heights that will provide a transition in built form and land use intensity between the City Centre zone and adjoining lower scale localities within and adjacent to Central Sydney, and

(i) to provide for view sharing along the edges of Central Sydney, and

(j) to ensure an appropriate height transition between new buildings and heritage items or Special Areas.

48 Sun access planes

48 Sun access planes

(1) Subject to subclauses (2), (3) and (4), development that results in any part of a building projecting above a sun access plane for a park or community place identified in the sun access planes table in Schedule 2 is prohibited if the building is situated on land shown on the relevant map in Schedule 2 as affected by the sun access plane.

(2) Any part of a sun access plane identified as plane B2, F2 or I2 in the sun access planes table in Schedule 2 that is directly beneath part of another sun access plane identified as plane B1, F1 or I1 in that table is to be disregarded for the purposes of this clause.

(3) This clause does not apply to development resulting only in refurbishment of a building.

(4) Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this clause.

cl 48: Am 2019 (659), Sch 1.34[3].

49 No additional overshadowing in certain locations

49 No additional overshadowing in certain locations

(1) Subject to subclauses (2), (3) and (4), development is prohibited if it results in a building that causes overshadowing, in addition to that existing at 27 December 1996, between the nominated times in any of the following locations between 14 April and 31 August in any year—

| Location | Nominated times | | Australia Square | 12 noon to 2 pm | | Chifley Square | 12 noon to 2 pm | | First Government House Place | 12 noon to 2 pm | | Lang Park | 12 noon to 2 pm | | Macquarie Place (beyond the shadow that would be cast by a wall with a 35 metre street frontage height on the eastern alignment of Loftus Street) | 10 am to 2 pm | | Martin Place (between Pitt and George Streets) | 12 noon to 2 pm | | Pitt Street Mall (beyond the shadow that would be cast by a wall with a 20 metre street frontage height on the eastern and western alignments of the Mall) | 10 am to 2 pm | | Prince Alfred Park | 12 noon to 2 pm | | Sydney Town Hall steps | 10.30 am to 4 pm | | Sydney Square | 11 am to 4 pm |

(2) Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this clause.

(3) Within the Parks and Community Places zone, this clause does not apply to any development that is not inconsistent with a plan of management.

(4) This clause is subject to clause 52.

cl 49: Am 2019 (659), Sch 1.34[4].

50 Height of buildings

50 Height of buildings

(1) The height of a building on any land is not to exceed the height shown for the land indicated on the Central Sydney Height Map.

(2) Despite subclause (1), consent must not be granted to a building on any land if the height of the building exceeds 55 metres unless—

(a) the site area of the development is 800 square metres or more, or

(b) the consent authority is satisfied that the proposed development achieves—

(i) appropriate height to plan width proportions that are compatible with the massing, street frontage and tower forms within the locality, and

(ii) a separation of any towers to achieve the “tower in the round” built form characteristic, and

(iii) adequate amenity and privacy for occupants, and

(iv) active street frontages, and

(v) sufficient space for vehicle circulation and access ramps.

(3) The achievement of the maximum height shown on the Central Sydney Height Map is subject to compliance with the floor space ratio, development plan, design excellence, heritage, ecologically sustainable development and other provisions of this plan.

(4) The height of a building resulting from the replacement or alteration of a building on land identified by the notation “Existing Height” on the Central Sydney Height Map is not to exceed the existing height of the building that is replaced or altered. Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this subclause.

(5) Consent must not be granted for the erection of a building on land in the Parks and Community Places zone or the Maritime and Transport zone unless the consent authority is satisfied that its height will be consistent with the heights of any existing buildings on the subject site and on adjoining land. This subclause is subject to clause 46 (2) (c) and does not apply to equipment and structures used for the physical handling of cargo in carrying out commercial port operations, or used for naval activities at Woolloomooloo or Garden Island.

(6) The height of any building on land shown outlined in solid red and annotated (ii) on the Central Sydney Height Map must not exceed—

(a) RL 45 metres north of the Moore Stairs, or

(b) RL 46.7 metres south of the Moore Stairs.

Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this subclause.

(7) The height of any building on land shown outlined in solid red and annotated (iii) on the Central Sydney Height Map is not to exceed RL 28.6 metres.

(8) Consent must not be granted for the erection of a building on land shown outlined in solid red and annotated (iv) on the Central Sydney Height Map unless, in the opinion of the consent authority, its height will complement the height of buildings on adjacent land.

(9) Despite subclause (1), the height of any building resulting from the carrying out of development on land shown outlined in solid red and annotated (v) on the Central Sydney Height Map may exceed the 80 metre height limit shown on the Central Sydney Height Map, but only if the development application for consent to the development was lodged no later than on 31 March 2002 and the consent authority is satisfied that—

(a) when carried out, the development will be generally consistent with the winning entry of the architectural competition (submitted by Richard Johnson, Architect, and known as the JPW amended scheme) held under the provisions of Part 12 of Central Sydney Development Control Plan 1996, and

(b) the use of any new building or buildings on the land will be commercial, and

(c) the floor space area of all buildings on the land will not exceed 111,291 square metres, and

(d) the street frontage height along Kent Street will not exceed RL 45 metres, and

(e) the height of the tower buildings will not exceed RL 145 metres to Kent Street and RL 110 metres to Sussex Street, and

(f) the massing of the tower buildings will provide an acceptable slenderness ratio to all elevations. Specifically, the length above the street frontage of the Kent Street elevation of the northern proposed building must not exceed 61.5 metres (excluding fins or decorative elements) and the length above the street frontage of the Sussex Street elevation of the southern proposed building must not exceed 66.5 metres (excluding fins or decorative elements), and

(g) no more than 650 short stay public car parking spaces will be provided in the building which will be located below the level of Kent Street and screened by active uses from any public or pedestrian space, and

(h) no structure will be constructed underground on land to which this subclause applies that is shown shaded on the Central Sydney Height Map, and

(i) Sussex Lane will be appropriately connected to Kent Street from Sussex Street, and

(j) an appropriate street or mid-block connection will be provided between Kent Street and Sussex Street.

(10) Clause 2.12.E of Central Sydney Development Control Plan 1996 does not apply to any development application to which subclause (9) applies.

(11) Despite subclause (1), the consent authority may, in accordance with clause 24, consent to development that will result in a building on land at Regent Street (South) as shown outlined in solid red and annotated (vi) on the Central Sydney Height Map with a height of not more than 15 metres.

(12) The height of any building on land shown outlined in solid red and annotated (vii) on the Central Sydney Height Map must not exceed 81 metres.

cl 50: Am 2010 (503), cl 4 (1).

51 Architectural roof features

51 Architectural roof features

A person may, with development consent, carry out development in contravention of clauses 48 and 50 that results in an architectural roof feature, but only if the consent authority is satisfied that the architectural roof feature—

(a) satisfies the objectives of the height controls, and

(b) comprises a decorative element on the uppermost portion of a building, and

(c) does not include floor space area and is not reasonably capable of modification to include floor space area, and

(d) does not provide access for recreational purposes, and

(e) is not a structure for signage or advertising, and

(f) does not contain equipment or structures for servicing the building, such as plant, lift motor rooms, fire stairs and the like, and

(g) is an integral part of the design of the building in its context, and

(h) will have minimal overshadowing impact.

52 Height of buildings on a Category A or B site

52 Height of buildings on a Category A or B site

(1) Consent may be granted to development that will result in a building projecting above a sun access plane for a location if—

(a) the site of the building is a site nominated as Category A in Schedule 3, and

(b) the building would reduce the excess overshadowing of the location by at least 50 per cent between the nominated times specified for the location by clause 49. Excess overshadowing of a location is the area of shadow cast by so much of a building as projects above the sun access plane for the location.

(2) A building on a site nominated as Category B in Schedule 3 may project above a sun access plane that affects the Category B site, but only if the height of the building does not exceed the height of any building situated on the corresponding site nominated as a Category A site in that Schedule.

(3) Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this clause.

52A Alternative building heights

52A Alternative building heights

(1) The objective of this clause is to provide for additional building height on parts of certain sites (within the area bounded by Alfred Street, Pitt Street, Dalley Street and George Street) if the development of the site provides for publicly accessible open space, lanes and other links through the site.

(2) This clause applies to land shown outlined in solid red and annotated “vi” on the Central Sydney Site Identification Map.

(3) Despite clause 50, the consent authority may grant consent to development for the purposes of a building with a maximum height of—

(a) 200 metres on up to 33% of the area of block 1, or

(b) 155 metres on up to 42% of the area of block 2, or

(c) 185 metres on up to 24% of the area of block 3.

(4) Development consent must not be granted under this clause unless the consent authority is satisfied that the development proposal will—

(a) provide for recreation areas, lanes and streets, and

(b) have business premises and retail premises that have street frontages at ground level (finished) to those recreation areas, lanes and streets, and

(c) provide a satisfactory distribution of built form and floor space development.

(5) Development consent must not be granted under this clause in relation to development on block 1, 2 or 3 unless the consent authority is satisfied that the development proposal relates to the whole of the block and, except as otherwise provided by this clause, no other land.

(6) A development proposal in respect of block 1 may also relate to the whole of any one or more of the following—

(a) Lot 1, DP 787946,

(b) Lot 180, DP 606866,

(c) Lot 1, DP 537286.

(7) A development proposal in respect of block 3 may also relate to the whole of any one or more of the following—

(a) Lot 180, DP 606866,

(b) Lot 1, DP 537286.

(8) In this clause—

block 1 means Lot 7, DP 629694, Lot 501, DP 714847, Lots 2 and 3, DP 1092, Lots 1 and 2, DP 1112308, Lots A and B, DP 104160, Lot 7, DP 110046, Lot 6, DP 75338, Lot 4, DP 524306, Lot 1, DP 513109 and the whole of the road known as “Queens Court”.

block 2 means Lot 4, DP 57434, Lot 1, DP 69466, Lot 1, DP 110607, Lot 1, DP 188061, Lot 1, DP 913005, Lots A–D, DP 435746, Lot 20, DP 1063401 and Lot 1, DP 107759.

block 3 means Lot 1, DP 220830 and Lot 1, DP 217877.

cl 52A: Ins 2011 (210), Sch 1 [1]. Am 2012 (554), cl 4.

53 Objectives for floor space ratio controls

53 Objectives for floor space ratio controls

The objectives for the control of floor space ratios in Central Sydney are—

(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 Central Sydney, and

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

(c) to provide a framework for the award and allocation of heritage floor space, and

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

(e) to encourage the provision of residential and visitor accommodation, and

(f) to encourage the provision of certain uses and facilities that provide a public benefit, and

(g) to regulate the density of development and generation of vehicular and pedestrian traffic.

54 Maximum floor space ratios—generally

54 Maximum floor space ratios—generally

(1) The floor space ratio of a building on any land is not to exceed the floor space ratio shown for the land on the Central Sydney Floor Space Ratio Map.

(2) Despite subclause (1), consent may be granted to development that will result in a building on a site within the City Centre zone that has a floor space ratio (additional to the ratio provided for by subclause (1)) up to the following maximum—

(a) in Area A1 shown on the Central Sydney Floor Space Ratio Map—

(i) for commercial uses—4.5:1,

(ii) for residential, serviced apartment and hotel uses—6:1,

(iii) for a mixed-use development—as determined in accordance with Schedule 4, and

(b) in Area A2 shown on the Central Sydney Floor Space Ratio Map—

(i) for commercial uses—2:1,

(ii) for residential, serviced apartments and hotel uses—3:1,

(iii) for a mixed-use development—as determined in accordance with Schedule 4, and

(c) in Area B shown on the Central Sydney Floor Space Ratio Map—

(i) for residential, serviced apartments and hotel uses—1:1,

(ii) for a mixed-use development—as determined in accordance with Schedule 4.

(3) The achievement of a maximum floor space ratio set by subclause (1) and (2) is subject to compliance with—

(a) the height, development plan, design excellence, heritage, ecologically sustainable development and other provisions of this plan, and

(b) if applicable, the allocation of heritage floor space to the site in accordance with clause 62.

55 Maximum floor space ratios—specific sites

55 Maximum floor space ratios—specific sites

(1) Despite clause 54, the consent authority may, in accordance with clause 24, consent to development that will result in a building on land at Regent Street (South) shown outlined in solid red and annotated (i) on the Central Sydney Floor Space Ratio Map with a floor space ratio of not more than 1:1 above the floor space ratio shown for the land on that map.

(2) If an underground space within a building within the City Centre zone was being used at the commencement of this plan for the purpose of car parking, that part of the building may, with development consent, be used for any other purpose even though—

(a) the building would then have a floor space ratio greater than the maximum floor space ratio, without the allocation of heritage floor space, that would otherwise be allowed for the building by clause 54, and

(b) no heritage floor space is allocated to the site.

56 Higher floor space ratios for Opportunity Sites and certain colonnades

56 Higher floor space ratios for Opportunity Sites and certain colonnades

(1) Consent may be granted to development resulting in additions to the street frontage of existing buildings on an Opportunity Site which would result in the creation of floor space additional to that allowed by the maximum floor space ratio set by clause 54 if the additional floor space would, in the opinion of the consent authority, improve the public amenity.

(2) Any amount of additional floor space allowed must be determined having regard to the extent to which the development proposed is, in the opinion of the consent authority, consistent with the provision of—

(a) improved pedestrian and disabled access between the street and the existing buildings, and

(b) increased opportunities for active pedestrian use and enjoyment of the space between the street and the existing buildings, and

(c) improved amenity, including personal security, traffic safety and weather protection, and

(d) improved scale relationship between the buildings and pedestrians using the buildings and places in the vicinity, and

(e) increased continuity and visual consistency of the street wall, and

(f) where driveways or vehicle ramps obstruct the pedestrian way, the relocation of the driveways and ramps so as to minimise their impact on the public domain and pedestrian way, and

(g) where colonnades exist at ground and lower levels, the infilling of these colonnades, to form a part of a consistent street wall.

(3) A consent referred to in subclause (1) may be granted only if the consent authority is satisfied that—

(a) an amount of heritage floor space equal to half the amount of the additional floor space permitted will be allocated to the Opportunity Site, and

(b) the proposed development is not an extensive redevelopment of the Opportunity Site, and

(c) the proposed development exhibits design excellence.

57 Calculation of floor space ratio for buildings adjacent to certain land within the Parks and Community Places zone

57 Calculation of floor space ratio for buildings adjacent to certain land within the Parks and Community Places zone

(1) This clause applies to the following parcels of land—

(a) Lots 1 and 2, DP 225060, being land bounded by George Street, Curtin Place, Pitt Street and Bond Street, Sydney,

(b) Lot 1, DP 108385, being land bounded by Goulburn Street, Riley Street, Campbell Street, Hunt Street and Brisbane Street, Surry Hills,

(c) Part Lot 2, DP 844093, being land known as Brickfield Place on the northern side of Liverpool Street, Sydney.

(2) In calculating the floor space ratio of a building within a parcel to which this clause applies, all land within the Parks and Community Places zone that is within the parcel and is in the same ownership as the site of the building is taken to be within the site area of the proposed development.

58 Calculation of floor space ratio and maximum floor space area

58 Calculation of floor space ratio and maximum floor space area

Note.

This clause explains how to calculate the floor space area and floor space ratio of buildings on a site to ensure that the total of the floor space area in buildings does not exceed the maximum that is allowed by this plan.

The clause is intended to define site areas, and to make other provisions, so as to allow reasonable and equitable sharing of floor space in buildings and, in particular, to prevent an artificial increase in the maximum floor space area allowed in a building through the manipulative addition to its site area of land—

(a) that has no, or no substantial, connection to the development proposed, or

(b) that has already been included as part of a site area to obtain floor space in another building.

(1) Floor space ratio The floor space ratio of buildings on a site is the ratio of the total floor space area of all buildings within the site to the site area.

(2) Site area In applying a floor space ratio for the purpose of determining a development application, the site area is taken to be—

(a) if the application proposes development on only one lot, the area of that lot after excluding any land that is a street, a public place, a public reserve or community land, or

(b) if the application proposed development on two or more lots, the largest area of contiguous land on which the development is proposed, excluding any land that is a street, a public place, a public reserve or community land, or

(c) despite paragraphs (a) and (b), if the proposed development is only on land comprised of a street, a public place, a public reserve or community land (or any combination of them), so much of that land as will be occupied by a building that will be erected or physically affected by the proposed development.

(3) Excluded land The following land must be excluded from the site area—

(a) land on which the proposed development is not allowed, whether by this plan or a covenant or for any other reason,

(b) any land that is the site of a building that is a heritage item, if—

(i) heritage floor space has been awarded under this plan in relation to the building, or

(ii) the consent authority is not satisfied that the item will be restored, where the condition of the building is such as to require restoration, in accordance with a conservation management plan approved by the Council.

(4) The consent authority may exclude from the site area land that is the site of an existing building (not being a heritage item) that was erected more than 10 years before the making of the development application concerned and that is proposed to be retained after the proposed development has been carried out, if the consent authority is not satisfied that the building will be appropriately refurbished or otherwise upgraded to a reasonable condition within a reasonable time, which may require provision or enhancement of access to, or across the site of, the building for pedestrians or vehicles, or both.

(5) Land divided in strata An area within a lot wholly or partly superimposed on another lot is not to be included more than once in calculating a site area.

(6) In applying a floor space ratio to a site, all floor space area within the vertical projection of the boundaries of a site is to be included in the calculation, whether or not the development application relates to all of the buildings in which that floor space area is situated.

(7) Covenants to prevent “double dipping” When consent is granted to the erection of a building on a development site comprised of two or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor space area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor space area will be created on another lot only because the site included the restricted lot.

(8) Covenants affect consolidated sites If—

(a) a covenant of the kind referred to in subclause (7) registered before or after the commencement of this clause applies to any land (affected land), and

(b) a development application relates to the affected land and other land that together comprise a development site,

the maximum amount of floor space area allowed on the other land by the floor space ratio fixed for the development site by this plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(9) Definitions In this clause—

community land has the same meaning as in the Local Government Act 1993.

lot means a lot in a current plan, within the meaning of the Conveyancing Act 1919.

site, in relation to a development application, means the land to which the application relates.

(10) A reference in this clause to a building includes a reference to existing buildings and a proposed building or proposed buildings, and any combination of them.

59 Floor space ratio for historic clubs

59 Floor space ratio for historic clubs

(1) This clause applies to a building owned and occupied by a club that, in the opinion of the consent authority—

(a) has a long and historic association with its site, and

(b) provides and has traditionally provided accommodation in that building, and

(c) does not derive a substantial proportion of its income from gaming.

(2) When calculating the floor space ratio of a building to which this clause applies for the purposes of proposed development, the consent authority may exclude from the floor space area of the building the floor space occupied by the club at the commencement of this plan if the consent authority is satisfied that the club will operate within the building after the development has been carried out. The maximum amount of floor space that may be deducted is an amount equivalent to twice the site area.

(3) This clause applies to a heritage item only if the consent authority is satisfied that the proposed development of the heritage item is sympathetic to the heritage significance of the item.

60 Objectives for the award and allocation of heritage floor space

60 Objectives for the award and allocation of heritage floor space

The objectives of this plan in relation to the award and allocation of heritage floor space are—

(a) to assist and encourage the conservation and on-going maintenance of heritage items within Central Sydney through the award of heritage floor space, and

(b) to promote achievement of the objectives of the heritage provisions in this plan.

61 Award of heritage floor space

61 Award of heritage floor space

(1) When consent is granted for development that the consent authority is satisfied will consist of or include the conservation of a heritage item within Central Sydney, the consent authority may make the owner of the heritage item or a person nominated by the owner an award of heritage floor space.

(2) Heritage floor space may be awarded only if the consent authority is satisfied that, through the registration of a covenant on the title to the site of the heritage item concerned, future development will not increase the total floor space area or height of the heritage item.

(3) Heritage floor space cannot be awarded in relation to a heritage item if—

(a) the whole or part of the area occupied by the heritage item has been or is included as site area for the purpose of calculating the floor space ratio for another building, or

(b) an amount of floor space that may be or has been allowed to be created in another building has previously been awarded in respect of the heritage item under this clause or another heritage conservation incentive scheme administered by the consent authority.

(4) Any heritage or other floor space awarded under such an incentive scheme is taken to be heritage floor space awarded for the purposes of this plan whether or not it was allocated for use in a building before the commencement of this plan.

(5) Details of all heritage floor space awarded are to be entered in a register maintained by the Council, but only after conservation works in accordance with a conservation management plan for the heritage item concerned that has been approved by the Council or the Central Sydney Planning Committee have been completed to the satisfaction of the Council or the Central Sydney Planning Committee.

(6) Once heritage floor space awarded in respect of a heritage item has been entered in that register, no amount of the site of the heritage item can be included as site area for the purpose of calculating the floor space ratio for buildings on a site that includes any land outside the site of the heritage item.

62 Allocation of heritage floor space

62 Allocation of heritage floor space

(1) Consent may be granted to development on a site within the City Centre zone in Area A1, A2 or B shown on the Central Sydney Floor Space Ratio Map that will result in a building that exceeds 55 metres in height with a floor space ratio that exceeds the floor space ratio (without allocation of heritage floor space) shown for the site on the Central Sydney Floor Space Ratio Map, but only if the consent authority is satisfied that the appropriate amount of heritage floor space will be allocated to the site, whether because of a condition of the consent or otherwise.

(2) The appropriate amount of heritage floor space for a site is—

(a) half the difference between the maximum floor space area for the site, calculated by reference to the floor space ratio (without heritage floor space) as shown on the Central Sydney Floor Space Ratio Map, and the total floor space area of all buildings on the site after the development has been carried out in accordance with the consent, up to the maximum floor space ratio (with heritage floor space) for the site as shown on that map, and

(b) any floor space which exceeds the maximum allowed for the site by clause 54 or 55.

(3) When proposed development has undergone a design competition and, in the opinion of the consent authority, achieves design excellence, the consent authority may allow a reduction of heritage floor space that needs to be allocated to the site of that development.

63 Significant public benefit

63 Significant public benefit

(1) Consent may be granted to development that creates floor space that will be used to provide a significant public benefit, without the allocation of heritage floor space that would be required to be allocated to the site in the absence of this clause.

(2) Floor space is used to provide a significant public benefit for the purposes of this clause if the floor space is used—

(a) for an historic club, or

(b) for a cinema, recital hall or theatre for use by the public, or

(c) for a mid-block pedestrian connection required by this plan,

but only if, in the opinion of the consent authority, the use is appropriate to its location and meets an important need in the city.

64 Objectives for car parking controls

64 Objectives for car parking controls

The objectives of the car parking controls of this Part are—

(a) to acknowledge that public transport is the most important and efficient means of moving people to and within Central Sydney, and

(b) to encourage commuting by public transport to Central Sydney in order to reduce the number of motor vehicles travelling through and to Central Sydney, and to improve overall environmental quality and pedestrian amenity, and

(c) to improve the attractiveness and competitiveness of Central Sydney for retail and commercial activities by providing a reasonable level of tenant and short-stay public car parking whilst discouraging commuter car parking, and

(d) to encourage residential development in Central Sydney, and

(e) to minimise adverse urban design impacts, in particular by discouraging the provision of above ground parking, and

(f) to minimise adverse traffic impacts, in particular conflicts between pedestrian and vehicular traffic, and

(g) to discourage the provision of public car parking, and

(h) to ensure that tenant car parks are not occupied by persons other than occupiers of the building or land on which the car park is situated.

65 Tenant car parking provisions

65 Tenant car parking provisions

(1) Car parking provided in connection with a building must not result in any maximum set out in the following Table being exceeded, except in a case to which subclause (2) applies and results in a greater number—

Maximum car parking

| Type of proposed use | Maximum parking on site spaces permitted | | Dwelling-houses | 2 spaces per dwelling-house | | Residential buildings (including housing for aged persons)— | | | Studio apartments/bedsitters | 1 space per 4 studio apartments/bedsitters | | 1 bedroom apartments | 1 space per 2 apartments | | 2 bedroom apartments | 1 space per apartment plus 1 additional space per 5 apartments | | Apartments with 3 or more bedrooms | 2 spaces per apartment | | Hotels and clubs | 1 space per 5 bedrooms4 spaces per 100 square metres of function room area | | Cinemas, theatres and recital halls | 1 space per 7 seats | | Serviced apartments | 1 space per 4 studio apartments/bedsitters1 space per 2 one-bedroom apartments1.2 spaces per two or more bedroom apartment | | Other uses | |

Note.

Parking for service and delivery vehicles, motorcycle parking, bicycle parking and car parking for people with mobility impairment should comply with the provisions of the relevant development control plan.

(2) The number of tenant car parking spaces that will be available for use in connection with an existing building to which a development application relates is not to exceed the total of the maximum amounts allowed for each particular use that will be allowed in the building, in accordance with the following formula—

(3) Clause 10 applies to a requirement made by subclause (2), but subject to subclauses (4)–(8). Before granting a consent pursuant to clause 10, the consent authority must be satisfied that different uses of parking spaces in the building will, as nearly as practicable, conform to the proportions specified in the Table to the subclause (1).

(4) The consent authority may grant a consent that allows car parking spaces for a use in excess of the number allowed under subclause (2) only if—

(a) on-site tenant car parking, for the same use, is lawfully occurring for a number of car parking spaces in excess of that allowed by subclause (2), and

(b) the proposed car parking in excess of that allowed by subclause (2) is to be used only for tenant car parking and parking of vehicles providing services to the occupants of the building, and not for public car parking, and

(c) the consent authority is satisfied that the proposed car parking in excess of that allowed by subclause (2) will not cause adverse urban design and traffic impacts.

(5) The number of car parking spaces calculated in accordance with subclause (2) is to be—

(a) exclusive of parking for service and delivery vehicles, and motorcycle and bicycle parking, and

(b) inclusive of car parking for people with mobility impairment, provided in accordance with the relevant Australian Standard, and visitor car parking.

(6) Consent for car parking spaces for a cinema, theatre or recital hall is to be granted by the consent authority only after it has considered the location and availability of existing public car parking and public transport in the vicinity of the proposed cinema, theatre or recital hall. Any car parking allowed specifically for the purpose of a cinema, theatre or recital hall may, with consent, also be used for short-stay parking for other purposes, but only during the hours of 9.30 am to 6 pm.

(7) Car parking spaces provided for use in connection with the use of function areas in hotels are to be available only to patrons to park in while using the function facilities and must not be used for public car parking.

(8) Consent must not be granted for development that includes tenant car parking, unless conditions of the consent provide that the tenant car parking must not be used or occupied by any person, other than a person who resides or works in or visits a tenant of the building on a temporary basis, in the building or on the land in or on which the car park is located.

(9) A maximum number of car spaces set by this clause is to be rounded up to the nearest whole number if it is not a whole number.

cl 65: Am 2006 No 58, Sch 2.64 [1].

66 Public car parking restrictions

66 Public car parking restrictions

(1) Restrictions that apply in all cases Before granting consent to development for the purpose of any public car parking, the consent authority must be satisfied that the public car parking—

(a) will not prejudice attaining the objectives of this Part, and

(b) will not encourage commuter car parking nor reduce the proportion of public transport users travelling to the city each day, and

(c) will be used for short-stay public car parking only that is regulated by a restriction in opening hours or fee structure, or both, and

(d) will be located underground, and

(e) will be included for the purpose of calculating floor space ratio in the floor space area of the building in which it is situated, and

(f) will be consistent with, and does not compromise, high quality urban design of buildings on the land and adjacent to the land on which it is situated, and

(g) is not likely to cause or increase adverse pedestrian impacts or local or city-wide vehicular traffic impacts, and

(h) in the opinion of the consent authority, is not likely to cause or contribute to an unacceptable level of vehicle saturation of intersections in the vicinity, or an unacceptable reduction of environmental capacity of roads in the vicinity, of the public car park.

(2) New public car parks Consent may be granted to development for the purpose of public car parking on land where no public car parking already exists, but only where the consent authority is satisfied that the public car parking directly services major retail, cultural, recreational or entertainment uses which, in the opinion of the consent authority, are not reasonably or adequately serviced by either—

(a) public transport (either existing or planned), or

(b) existing public car parking.

(3) Existing tenant car parks Without affecting subclause (2), consent may be granted to development for the purpose of public car parking on land on which tenant car parking already lawfully exists, but only to the extent of converting to public car parking any car spaces that are in excess of the maximum number of parking spaces allowed by clause 65 (1).

(4) Existing public car parks Consent may be granted to development for the purpose of public car parking on land on which public car parking already lawfully exists, but only where the consent authority is satisfied that—

(a) the development will not result in more public car parking spaces on the land than already lawfully exist, and

(b) the floor space area of all public car parking on the land does not exceed the floor space area of the existing public car parking on the land.

67 Objectives

67 Objectives

The objectives of the heritage provisions are—

(a) to conserve the heritage of Central Sydney, and

(b) to integrate heritage conservation into the planning and development control processes, and

(c) to provide for public involvement in heritage conservation, and

(d) to ensure that any development does not adversely affect the heritage significance of heritage items, and

(e) to provide greater certainty in the management of the heritage of Central Sydney, and

(f) to encourage high quality design and the continued use or adaptive re-use of heritage items.

68 Consent required for certain development

68 Consent required for certain development

(1) The following development may be carried out only with development consent—

(a) demolition of a heritage item or building in a heritage streetscape,

(b) structural or non-structural alterations to the exterior or interior of a heritage item,

(c) structural or non-structural alterations to the exterior of a building in a heritage streetscape that is not a heritage item,

(d) erection of a sign or advertising structure on a heritage item,

(e) erection of a building on the site of a heritage item or building in a heritage streetscape,

(f) subdivision of a site of a heritage item.

(2) However, development consent is not required by this clause if—

(a) the proposed development is maintenance or is of a minor nature and, in the opinion of the consent authority, will not adversely affect the heritage significance of the heritage item concerned or of the heritage streetscape concerned, or

(b) the proposed development is consistent with a heritage conservation plan that has been approved by the consent authority, if it involves a heritage item, or

(c) in the opinion of the consent authority, the proposed development is required as a matter of urgency to ensure public safety.

(3) A reference to the consent authority in subclause (2) is a reference to the person who would be the consent authority if consent were required.

69 Consent authority must have regard to heritage conservation

69 Consent authority must have regard to heritage conservation

The consent authority must not grant consent to a development application involving a heritage item unless it has taken into consideration—

(a) the heritage significance of the heritage item concerned, and

(b) the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item and any historic subdivision pattern in the locality, and

(c) the heritage inventory assessment report prepared in relation to the heritage item, and

(d) any conservation management plan or heritage impact statement required by the consent authority, and

(e) any plan of management required by the consent authority, and

(f) the provisions of any relevant development control plan or policy adopted by the Council, and

(g) the heritage significance of the interiors of any heritage item concerned.

70 Definition of “materially affects” for the purposes of clauses 71–73

70 Definition of “materially affects” for the purposes of clauses 71–73

(1) For the purposes of clauses 71–73, development on land that comprises or includes the site of a heritage item materially affects the item only if—

(a) it will reduce or increase the building envelope occupied by the item, or

(b) it will be carried out within the airspace above the building envelope occupied by the item.

(2) However, development does not materially affect a heritage item if, in the opinion of the consent authority, the proposed development will not adversely affect the heritage significance of the heritage item concerned.

71 Floor space ratio of heritage items

71 Floor space ratio of heritage items

(1) The maximum floor space ratio for a heritage item is the floor space ratio of the item when this plan commenced, except as provided by subclauses (2), (3) and (4).

(2) After considering the matters specified in clause 69, the consent authority may consent to development that will result in that maximum floor space ratio being exceeded, only if—

(a) the proposed development will not materially affect a heritage item, and

(b) the proposed development involves mainly internal building work or minor additions, and

(c) the proposed development is on part of the site not occupied by any existing building of heritage significance, and

(d) the floor space ratio complies with clause 54.

(3) The consent authority, after considering the matters specified in clause 69, may consent to development that will materially affect a heritage item and that will result in that maximum floor space ratio being exceeded, but only if the consent authority complies with clauses 72 and 73.

(4) However, subclauses (2) and (3) do not apply so as to allow consent to be granted for development of land that consists of or includes the site of a heritage item that will result in the floor space ratio specified for the land elsewhere in this Chapter being exceeded.

72 Development that would materially affect a heritage item

72 Development that would materially affect a heritage item

The consent authority must not grant consent for development that will materially affect a heritage item unless it is satisfied that—

(a) the item, or the part of the item, affected is not of such heritage significance or landmark value that the proposed development would diminish the heritage of the City of Sydney, and

(b) the proposed development exhibits design excellence and is superior in quality to the existing heritage item, and

(c) the proposed development would make a contribution to the quality of the public domain of the City of Sydney superior to that made by the existing heritage item, and

(d) in the case of partial demolition, the proposed development would conserve the heritage significance (and would not prejudice the continued heritage item status) of the item, would facilitate its continued use or adaptive reuse, and would contribute to the ongoing conservation of the heritage item, or the affected part of the item that will be retained, and

(e) in the case of complete demolition, the retention of the heritage item would render the site on which it is located incapable of viable continued use or adaptive reuse.

73 Process for major changes to heritage items

73 Process for major changes to heritage items

(1) This clause applies to development that will materially affect a heritage item, but only if the development involves—

(a) demolition that will result in a reduction by more than 35% of the building envelope of the heritage item, or

(b) increasing the size of that building envelope by more than 20%, or

(c) building over more than 20% of the footprint of that building envelope within the airspace above the item, but not within the airspace next to the item.

(2) The consent authority must not grant consent for development to which this clause applies until after the consent authority—

(a) has appointed a committee to examine and advise on the merits of the proposal, and

(b) is satisfied that the appointed committee has followed an appropriate public process for the purpose of that examination, and

(c) has considered the advice of the committee.

(3) The consent authority may waive the requirement made by subclause (2) if the development is the subject of a development plan and the design of the development has been arrived at through a competitive process.

(4) Nothing prevents the processes identified in subclause (2) being undertaken in respect of development to which this clause does not apply.

74 Development within the vicinity of a heritage item

74 Development within the vicinity of a heritage item

The consent authority, when considering an application for development within the vicinity of a heritage item, must take into account the impact of the proposed development on the heritage significance of the heritage item.

75 Development of potential archaeological sites

75 Development of potential archaeological sites

The consent authority may grant a consent required by this Part for the carrying out of development on a potential archaeological site only if it has considered an archaeological assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site.

76

76 (Repealed)

Part 7 Special Areas

Part 7 Special Areas

77 Objectives for the controls for Special Areas

77 Objectives for the controls for Special Areas

The objectives for the controls for Special Areas are—

(a) to protect Special Areas from development incompatible with the particular character and significance of each Special Area and to retain and enhance its unique character, and

(b) to reinforce the distinctive attributes and qualities of the built form of Special Areas by ensuring that development has regard to the fabric and prevailing character of each Area in scale, proportions, street alignment, materials and finishes, and

(c) to conserve and protect heritage items and their settings, and

(d) to maintain a high level of daylight access to streets, lanes, parks and other public domain spaces, and

(e) to encourage active street frontages to the public domain, and

(f) to conserve, maintain and enhance existing views and vistas to buildings and places of historic and aesthetic significance within Special Areas.

78 Identification of Special Areas

78 Identification of Special Areas

Special Areas are considered to be of significance in terms of the heritage conservation, urban design and planning management of Central Sydney and are shown on the Central Sydney Special Areas Map.

79 Objectives for each Special Area

79 Objectives for each Special Area

The consent authority, in considering a development application for land in a Special Area, must have regard to the following matters—

(a) the development plan provisions of this plan,

(b) the objectives for the controls for Special Areas set out in clause 77,

(c) the character statement and the specific objectives for the Special Area, as set out in Schedule 6,

(d) the Central Sydney Heritage Inventory maintained by the Council, and any conservation management plan, heritage impact statement or urban design study required by the consent authority,

(e) any plan of management required by the consent authority,

(f) the provisions of any relevant development control plan or policy adopted by the Council.

Part 8

Part 8

80, 81 (Repealed)

ch 2, pt 8: Rep 2020 (667), Sch 1.5[1].

cl 80: Rep 2020 (667), Sch 1.5[1].

cl 81: Rep 2008 (571), Sch 3.168 [1].

82 Requirement for development consent

82 Requirement for development consent

(1) Development may be carried out within Ultimo-Pyrmont only with development consent, except as provided by subclause (2).

(2) Consent is not required for development that may be carried out on land within Ultimo-Pyrmont as exempt development because of State Environmental Planning Policy No 60—Exempt and Complying Development.

83 Effect of planning principles and zone objectives

83 Effect of planning principles and zone objectives

(1) The consent authority, before consenting to development, must—

(a) have regard to the planning principles for Ultimo-Pyrmont that are relevant to the proposed development, and

(b) take into consideration that the aim of this Chapter is that development should be consistent with those planning principles, and

(c) be satisfied that carrying out the proposed development will be consistent with attaining the objectives of the zone in which it will be carried out.

(2) The consent authority, before granting consent for development, must also have regard to the Ultimo-Pyrmont Urban Development Plan endorsed by the Council on 25 March 2004, copies of which are available from the office of the Council.

84 Planning principles for Ultimo-Pyrmont

84 Planning principles for Ultimo-Pyrmont

(1) Role and land use activities The planning principles for Ultimo-Pyrmont’s role and land use activities are as follows—

(a) Development in Ultimo-Pyrmont is to provide for a significant increase in residential population in a mixed-use development pattern also accommodating employment, educational and other uses.

(b) Because land values in Ultimo-Pyrmont may reasonably be expected to increase when land in Ultimo-Pyrmont is developed in accordance with this plan, development is to provide affordable housing to ensure that low to moderate income households may continue to be able to live in Ultimo-Pyrmont.

(c) Where possible, development is to make use of existing under-utilised buildings and large areas of land which are either vacant or occupied by out of date facilities.

(d) Development is to take full advantage of the existing facilities, proximity to Darling Harbour, Central Station and other facilities of the City centre, and the extensive Pyrmont waterfront.

(e) Retail development providing for the full range of neighbourhood needs is to be encouraged.

(f) Uses at the ground level of buildings fronting the public domain should complement the functions of the public domain.

(2) Residential development The planning principles for Ultimo-Pyrmont’s residential development are as follows—

(a) A diverse housing stock is to be developed in Ultimo-Pyrmont to cater for all households, including singles, couples, families, groups, the elderly, the disabled and lower income earners.

(b) A mixture of dwelling types and sizes should be provided to enable a diverse community and promote housing choice.

(c) High quality housing with adequate facilities and sustainable design is to be developed to encourage long-term residents and achieve urban consolidation.

(3) Social issues The planning principles for addressing social issues in Ultimo-Pyrmont are as follows—

(a) A range of services and facilities should be provided to meet the needs of the existing and new residents and workers, including retail, leisure, recreational and welfare facilities that promote the health and well-being of the community and recognise its cultural and ethnic diversity.

(b) Urban design is to enhance the conviviality and sense of place of Ultimo-Pyrmont and reflect the character and heritage of Ultimo-Pyrmont.

(c) Development is to enable surveillance and to enhance street level activity to increase actual and perceived security.

(d) Development is to enhance the creation of a community with diverse residents through the provision of a range of dwelling unit types and sizes.

(e) The needs of existing and future communities, including needs for social facilities and services are to be accommodated.

(4) Urban design The planning principles for urban design in Ultimo-Pyrmont are as follows—

(a) Building heights are to reflect and emphasise the topography of Ultimo-Pyrmont by increasing in height as distance increases from the nearest waterfront. Building heights should allow a reasonable sharing of distant views from buildings by their occupants.

(b) The heights and scale of buildings are to form a transition between the high-rise buildings in the City and low-rise buildings in the suburbs adjoining Ultimo-Pyrmont.

(c) The heights and scale of new buildings are to respect existing buildings in the locality, particularly heritage items and buildings in conservation areas.

(d) The heights and form of buildings are to take account of visual impact, solar access, wind impact and, where appropriate, the privacy of residences, in order to contribute to a high quality of environmental amenity in intensively used parts of the public domain and in residential areas.

(e) Buildings fronting the public domain should have appropriate height, bulk, finish and street alignment so as to enhance its quality by complementing its character. In general the scale of street facades must be appropriate to the width of adjoining streets or lanes, adjoining heritage items or other contextual elements.

(f) Higher buildings may be accommodated—

(i) if they will emphasise existing or former high points in the natural ground level on Distillery Hill, Pyrmont Point, Darling Island and adjoining the CSR Stables, they will reflect the former vertical smoke-stack elements of the Pyrmont Point Power Station, or

(ii) if they will provide a suitable axial focal point in the vista down to Liverpool Street,

and they will not compromise the environmental amenity and general scale of buildings in their locality.

(g) Development on the waterfront and on adjoining land is to maximise the environmental quality of those parts of the peninsula for all users.

(5) Public domain The planning principles for Ultimo-Pyrmont’s public domain are as follows—

(a) Public recreation areas are to provide for a range of recreational opportunities for the residents of and workers within Ultimo-Pyrmont.

(b) Coordinated pedestrian and cycling networks are to be provided throughout Ultimo-Pyrmont and to link with the City centre and suburbs adjoining Ultimo-Pyrmont. Access to major natural features such as foreshores and escarpments are to be included.

(c) The passage of through motor traffic in residential areas and areas of pedestrian and cycling priority is to be discouraged.

(6) Education Development relating to educational establishments should be based on strategies for their growth and response to technological and other changes, and their integration with surrounding development.

(7) Leisure and recreation Full advantage is to be taken of the leisure and recreation facilities and the public open space in the City centre and in surrounding areas (particularly in Ultimo-Pyrmont) and the use of Sydney Harbour for leisure and recreation. Public access to the entire foreshore in Ultimo-Pyrmont is to be provided. Opportunities for waterfront and water-based recreation and tourism activities, compatible with adjoining land uses, are to be provided.

(8) Heritage The items and areas of heritage significance in Ultimo-Pyrmont are to be conserved and enhanced. New development is to complement the character of heritage items and conservation areas. The re-use of heritage buildings through adaptation and modification is to be encouraged.

(9) Movement and parking The planning principles for movement and parking within Ultimo-Pyrmont are as follows—

(a) A range of housing and work, leisure and service facilities is to be provided in Ultimo-Pyrmont so that the need for travel is minimised.

(b) A high degree of accessibility is to be provided to places in and outside Ultimo-Pyrmont for both able and disabled persons. Walking, cycling and use of public transport are to be encouraged as the means of movement.

(c) Development in Ultimo-Pyrmont is to facilitate the provision and operation of a comprehensive regional public transport network.

(d) Development, particularly employment related development, is to be within the capacities of existing and proposed public transport and arterial road systems.

(e) The provision for vehicular movement is to be consistent with the development of a high-quality pedestrian environment within the street system.

(f) Parking controls are to support public transport strategies of the Government and to reflect road network capacities.

(10) Implementation and phasing Development is to contribute towards the efficient use of Ultimo-Pyrmont’s existing infrastructure and towards the provision of physical and social infrastructure as part of the development process, in accordance with the provisions of the Act.

85 Zones in Ultimo-Pyrmont

85 Zones in Ultimo-Pyrmont

(1) Land in Ultimo-Pyrmont is within one of the following zones—

(a) Residential,

(b) Residential-Business,

(c) Public Recreation.

(2) The zoning of land is shown on the Ultimo-Pyrmont Zoning Map.

(3) Development for the purposes of roads, rail and light rail transport undertakings and facilities, fire stations and other emergency services facilities, and public utility undertakings are permissible in any zone.

86 Residential zone

86 Residential zone

(1) The only uses permissible in this zone are—

(a) residential development, and

(b) open space, and

(c) recreational facilities, and

(d) community facilities, and

(e) non tertiary educational establishments, and

(f) small scale restaurants, and

(g) retail outlets, and

(h) use of premises for commercial undertakings and professional services to serve the neighbourhood, and

(i) public utility undertakings, and

(j) other uses that the consent authority is satisfied are strictly consistent with the zone objectives.

(2) The objectives of this zone are—

(a) to protect existing residential areas and identify future residential areas, and

(b) to ensure that land within the zone is primarily used for residential purposes, and

(c) to limit the range, scale and locations of non-residential uses to ensure that they are compatible with residential amenity and primarily serve local residents, and

(d) to prohibit tourist development in residential areas (including serviced apartments, hotels and associated tourist facilities) and to prohibit brothels, and

(e) to limit advertising to a level compatible with the creation of a high-quality residential and mixed-use area.

(3) Non-residential uses are not to be located above the ground floor level of buildings in this zone, except where Activity Strips (as referred to in clause 90) are indicated on the Ultimo-Pyrmont Zoning Map, in which case non-residential uses are also permissible on the first floor.

87 Residential-Business zone

87 Residential-Business zone

(1) Only uses that the consent authority is satisfied are consistent with one or more of the zone objectives are permissible in this zone.

(2) The objectives of this zone are—

(a) to promote a wide range of uses, particularly business development including tourist, leisure, commercial, retail and office development consistent with Ultimo-Pyrmont’s proximity to the Sydney CBD, harbour locations and transport infrastructure, and

(b) to accommodate residential development to a level compatible with adjoining business uses and consistent with the objective of creating a mixed-use area, and

(c) to accommodate uses which generate employment opportunities and provide facilities and services that enable people to live and work in the same community, and

(d) to ensure that the total amount of employment-generating development is compatible with the traffic capacity of Ultimo-Pyrmont and adjoining areas, and

(e) to encourage sustainable transport modes for journeys to work and other trips, including walking, cycling and all forms of public transport, and

(f) to limit advertising to a level compatible with the creation of a high-quality mixed-use area.

(3) Consent is to be granted to development within this zone only if the consent authority is satisfied that carrying out the proposed development will be consistent with the planning principles for Ultimo-Pyrmont, particularly residential provision and amenity.

(4) Residential development within this zone is not to be located or designed so that the amenity of the development is adversely affected, by an adjoining or nearby use, to a level that is considered inappropriate by the consent authority due to excessive noise or odour or any similar environmental impact.

(5) Residential development (other than for the purpose of dwellings for employees of a business use located on the same site) is prohibited on land within this zone that is identified by the words “Non-Residential Development” on the Ultimo-Pyrmont Zoning Map.

88 Public Recreation zone

88 Public Recreation zone

(1) Only uses that the consent authority is satisfied are consistent with the zone objectives are permissible in this zone. However, the consent authority may consent to other uses being carried out beneath land used as a public recreation area.

(2) The objectives of this zone are—

(a) to establish public recreation areas which serve the needs of residents and workers within Ultimo-Pyrmont and the adjoining suburbs, and

(b) to provide public access to all parts of the public domain, especially waterfront areas and escarpments, and

(c) to provide a variety of public areas and recreational opportunities, and

(d) to provide for facilities that accommodate or are ancillary to recreational activities relating to the use of the public domain.

(3) Uses permissible in the zone adjoining the Public Recreation zone are also permissible in the Public Recreation zone for a distance of 10 metres from the zone boundary if, in the opinion of the consent authority, it would allow a better relationship between use of land as a public recreation area and use of the adjoining land and would not decrease the total amount of land that will be available for use as a public recreation area.

89 Use of unzoned land

89 Use of unzoned land

Development may be carried out on any land shown uncoloured on the Ultimo-Pyrmont Zoning Map only if the development is permissible on land adjoining that land.

90 Activity strips

90 Activity strips

(1) Activity Strips indicated on Ultimo-Pyrmont Zoning Map show the principal streets, nodes and locations for pedestrian activity and interest and retail uses.

(2) In these locations, development on the ground floor must provide for non-residential uses, including retail outlets, restaurants, neighbourhood facilities and the like that provide people-orientated street frontages, and enhance security and surveillance compatible with adjoining development.

91 Advertising

91 Advertising

On land in the Residential, Residential-Business or Public Recreation zone, advertisements not related to use of the site are prohibited unless they are displayed on public street furniture, bus shelters, public telephone booths or the like erected by, or on behalf of, a public authority.

92 Temporary and interim uses

92 Temporary and interim uses

(1) The consent authority, while land is not being used for a purpose for which it is zoned, may consent to its use for any other purpose, but only if the consent authority is satisfied that—

(a) the use will not prejudice the eventual development of the land in accordance with the rest of this Chapter, and

(b) appropriate arrangements have been made for reinstatement of the site so that it may be used in accordance with the rest of this Chapter, and

(c) the use will not adversely affect residential amenity and permissible development in accordance with this Chapter on other sites in the locality.

(2) Before granting consent to development as allowed by this clause, the consent authority must be satisfied that the development will cease within such time as the consent authority stipulates.

93 Maximum building heights

93 Maximum building heights

(1) The height of any building must not exceed the maximum building height shown on the Ultimo-Pyrmont Height Map. However, any building on land in the Public Recreation zone must not exceed 7 metres in height.

(2) Before granting consent for any building that will attain the maximum building height, the consent authority must be satisfied that the building will meet such of the urban design requirements made by this plan as are relevant.

94 Application of urban design planning principles

94 Application of urban design planning principles

Before granting consent to the erection of a building, the consent authority must be satisfied that the building will be consistent with the urban design planning principles set out in clause 84 (4).

95 Landmark locations

95 Landmark locations

Buildings in a location shown as a “landmark location” on the Ultimo-Pyrmont Height Map must not exceed the height shown for the location on that map.