23Development plans

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.