10Waiver of certain development standards

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.