Schedule A Cowan Creek Catchment Locality Statements
Appendix A Cowan Creek Catchment Locality Statements
LOCALITY A1 COTTAGE POINT
DESIRED FUTURE CHARACTER
The Cottage Point locality will remain characterised by detached style housing and a range of existing small-scale water related business and leisure uses within the unique landscape and waterway setting of Ku-ring-gai Chase National Park. The siting, character, height, bulk, and materials of construction of future development will ensure buildings and associated works are integrated into the site and natural surroundings, and have minimum visual impact when viewed from the waterway.
The holiday/fisherman shack character of the waterfront of Cottage Point is to be preserved by the retention of all the waterfront cottages at Cottage Point. This character is to be enhanced and encouraged by the use of forms and building materials sympathetic to the small timber and fibro cottages currently in existence on the waterfront.
The relationship of the locality with the surrounding National Park and the Cowan Creek waterway will be reinforced by enhancing the spread of indigenous tree canopy and protecting and preserving the natural landscape including rock outcrops and remnant bushland. The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Buildings visible from the water are to utilise materials such as weatherboard, fibre cement, corrugated steel and timber. In these cases masonry is discouraged and is to be minimised.
There will be no further subdivision of land within the Cottage Point locality.
LAND USE
Category One
Development for the purpose of the following—
• housing
• clubs (existing)
• hire establishments (existing)
• restaurants (existing)
• shops (existing)
Category Two
Development for the purpose of the following—
• community facilities
• health consulting rooms
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.
Category Three
Development for the purpose of the following—
• agriculture
• animal boarding or training establishments
Schedule Schedule A - Warringah Local Environmental Plan 2000 - Cowan Creek Catchment Locality Statements | Zoe
• bulky goods shops
• business premises
• child care centres
• entertainment facilities
• further education
• hire establishments, unless this Locality Statement provides otherwise
• hospitals
• hotels
• industries
• medical centres
• motor showrooms
• offices
• places of worship
• primary schools
• recreation facilities
• registered clubs, unless this Locality Statement provides otherwise
• restaurants, unless this Locality Statement provides otherwise
• retail plant nurseries
• service stations
• shops, unless this Locality Statement provides otherwise
• short term accommodation
• vehicle repair stations
• veterinary hospitals
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• heliports
• housing for older people or people with disabilities
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within the locality.
BUILT FORM
Housing density
The maximum housing density is 1 dwelling per allotment.
To measure housing density—
• the allotment is the allotment which existed on the day this plan came into effect, and
• granny flats are not considered to be a dwelling and are limited to one per allotment.
In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.
This clause does not apply to those allotments containing items of heritage significance. On these allotments, additional accommodation may be considered towards the existing public road and below the tree line with the objective of preserving the scale and character of existing heritage items.
Building height
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Foreshore building setback
A 15 metre building setback from the high water mark applies to all properties adjoining Cowan Creek waterway. Buildings must not be erected within the setback area except—
(a) renovations/extensions to existing buildings,
(b) boatsheds and related structures, and
(c) where strict compliance with the setback would require the removal of additional tree cover or the substantial alteration of the existing landform.
However, development may be carried out within the setback area with respect to items which are identified as being of heritage significance, where the development assists in maintaining the scale and character of such items.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 0.9 metre.
To measure the side boundary envelope and side setback—
• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.
Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.
However, consent may be granted for development that, to a minor extent, does not comply with—
• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or
• the side setback, to allow a single storey outbuilding, carport, pergola or the like.
Landscaped open space
The minimum area of landscaped open space is 40 per cent of the site area.
To measure an area of landscaped open space—
• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,
• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,
• landscaped open space must be at ground level, and
• the minimum soil depth of land that can be included as landscaped open space is 1 metre.
HERITAGE ITEMS
The following items of local heritage significance are within this locality—
• “Sunrise” Lot 1, DP 22523, 3 Cottage Point Road, Cottage Point
• Foreshore, Lot 10, DP 5204, 20 Cowan Drive, Cottage Point
• Group of cottages on waterfront of “Botany Bay”, extending from mean high water mark to the top of the rock face and cliff behind the cottages. (Part of Lots 3–8, DP 1016840)
LOCALITY A2 BOORALIE ROAD
DESIRED FUTURE CHARACTER
The Booralie Road locality will remain a non-urban area consisting of detached style housing in distinctly non-urban settings and occasionally low intensity, low impact business or community uses that are compatible with the non-urban nature of the locality and predominant scale of existing development.
The impact of new development on views from the adjacent National Park will be minimised by the use of articulated building forms, generous landscaped spaces around buildings and building materials that blend in with the colours and textures of the natural landscape.
Emphasis will be given to protecting and where possible enhancing the natural landscape, including landforms and vegetation. The increased planting of indigenous canopy trees will be strongly encouraged.
LAND USE
Category One
Development for the purpose of the following—
• housing
• agriculture
Category Two
Development for the purpose of the following—
• animal boarding or training establishments
• child care centres
• community facilities
• health consulting rooms
• housing for older people or people with disabilities (on land described in the initial paragraph (b) under the heading “Housing density” below)
• retail plant nurseries
• veterinary hospitals
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.
Category Three
Development for the purpose of the following—
• bulky goods shops
• business premises
• entertainment facilities
• further education
• heliports
• hire establishments
• hospitals
• hotels
• industries
• medical centres
• motor showrooms
• offices
• places of worship
• primary schools
• recreation facilities
• registered clubs
• restaurants
• service stations
• shops
• short term accommodation
• vehicle repair stations
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• housing for older people or people with disabilities (other than on land described in the initial paragraph (b) under the heading “Housing density” below)
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
BUILT FORM
Housing density
The maximum housing density is 1 dwelling per 2 ha of site area, except—
(a) where this standard would prevent an existing allotment accommodating one dwelling, or
(b) on land that adjoins a locality which is used primarily for urban purposes, but only if the development is for the purpose of “housing for older people or people with a disability” and the development complies with the minimum standards set out in clause 29.
However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.
The matters which shall be taken into consideration in deciding whether concurrence should be granted are—
(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and
(b) the public benefit or maintaining the planning controls adopted by this plan.
To measure housing density—
• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and
• the site is the allotment which existed on the day this plan came into effect, and
• granny flats are not considered to be a dwelling and are limited to one per allotment.
In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.
Building height
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 20 metres.
The minimum front building setback area is to be landscaped and free of any structures, carparking or site facilities other than driveways, letterboxes and fences.
Front building setback for properties with frontage to “The Greenway”
Development is to maintain a minimum front building setback of 10 metres.
The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.
However, consent may be granted to development that will contravene the minimum front setback on allotments constrained by the location and use of existing buildings, or by topography, for the provision of carparking.
Side boundary envelope and side setback for properties with frontage to “The Greenway”
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 0.9 metre.
Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Screens or sunblinds, light fittings, electricity or gas meters or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.
However, consent may be granted for development that, to a minor extent, does not comply with—
• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or
• the side setback, to allow a single storey outbuilding, carport, pergola or the like.
Rear building setback for properties with frontage to “The Greenway”
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any structures.
To measure the rear building setback, the rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.
The rear building setback may be encroached by exempt development, swimming pools and outbuildings that, in total, do not exceed 50 per cent of the rear setback areas.
Rear and side building setback
Development is to maintain minimum rear and side building setbacks.
The minimum rear and side building setback is 10 metres.
The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.
Landscaped open space
The minimum area of landscaped open space is 30 per cent of the site area.
To measure an area of landscaped open space—
(a) impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and
(b) the water surface of swimming pools and impervious surfaces that occur naturally such as rock outcrops are included in the landscaped open space area, and
(c) landscaped open space must be at ground level, and
(d) the minimum soil depth of land that can be included as landscaped open space is 1 metre.
National Park setback
Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.
COMPLYING DEVELOPMENT
The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with for it to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| Single storey detached houses, being—• construction of new single storey houses.• alterations to single storey houses.• additions to single storey houses.• constructions of carports, garages and outbuildings associated with a dwelling. | As described in Schedule 12—Part A |
| Swimming pools | As described in Schedule 12—Part B |
LOCALITY A3 TERREY HILLS VILLAGE
DESIRED FUTURE CHARACTER
The Terrey Hills Village will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.
Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will continue to be characterised by open front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.
The relationship of the locality with the nearby bushland and the Ku-ring-gai National Park will be reinforced by enhancing the spread of indigenous tree canopy and protecting and preserving the natural landscape including rock outcrops and remnant bushland. The use of materials that blend with the colours and textures of the natural landscape will be encouraged.
The Tepko Road industrial area (that is, all land with frontage to Tepko Road, including Lot 2 DP 530175 and Lot 4 547022) will remain a small-scale industrial and employment centre incorporating industries, warehouses and ancillary service uses. Future development will retain light industrial and warehousing activity without having adverse impact on adjoining residential land uses and activities. Future development in this area will be designed to complement the landscape setting of the locality, address the streets and soften the visual impact of industrial buildings. Where development in this area adjoins residential land, it is not to reduce the amenity enjoyed by adjoining occupants. In this regard, the built form of the development within the Tepko Road industrial area is to provide a transition to adjacent residential development, including reasonable landscaped setbacks from rear boundaries.
The locality will continue to be served by a local retail centre in the area shown on the map. Future development in this centre will be in accordance with the general principles of development control listed in clause 39 (Local retail centres).
LAND USE
Category One
Development for the purpose of the following, except within the local retail centres and the Tepko Road industrial area—
• housing
Development for the purpose of the following only within the local retail centre shown on the map—
• business premises
• health consulting rooms
• medical centres
• offices
• housing (not on ground floor)
• housing for older people or people with disabilities (not on ground floor)
• restaurants
• shops
Note—
With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these uses are Category 3 uses in the remainder of the locality.
Development for the purpose of the following only in the Tepko Road industrial area—
• industries
• warehouses
• housing (where used in conjunction with industries or warehouses)
Note—
With the exception of housing, these uses are Category 3 uses in the remainder of the locality.
Category Two
Development for the purpose of the following except in the Tepko Road industrial area—
• child care centres
• community facilities
• further education
• health consulting rooms
• hospitals
• housing for older people or people with disabilities
• places of worship
• primary schools
• veterinary hospitals
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.
Category Three
Development for the purpose of the following—
• agriculture
• animal boarding or training establishments
• bulky goods shops
• entertainment facilities
• hire establishments
• hotels
• industries, unless this Locality Statement provides otherwise
• motor showrooms
• recreation facilities
• registered clubs
• retail plant nurseries
• service stations
• short term accommodation
• vehicle repair stations
• warehouses, unless this Locality Statement provides otherwise
For land outside the local retail centres and the Tepko Road industrial area, also development that is Category 1 within those centres or that area, except development for the purpose of health consulting rooms, housing or housing for older people or people with disabilities.
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• heliports
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
BUILT FORM
Housing density
The maximum housing density is 1 dwelling per 600m2 of site area. To measure housing density—
• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,
• the site area is the area of an allotment which existed on the day this plan came into effect, and
• granny flats are not considered to be a dwelling and are limited to one per each such allotment.
In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.
This control does not apply—
(a) where this standard would prevent an existing allotment accommodating one dwelling,
(b) (Repealed)
(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and
(d) for housing located within the local retail centre.
Building height
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Front building setback (other than Tepko Road industrial area)
Development is to maintain a minimum front building setback.
The minimum front setback is 6.5 metres.
The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.
However, consent may be granted to development that will contravene the minimum front setback—
• on corner blocks or blocks with double street frontage, the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or
• on allotments constrained by the location and use of existing buildings or the topography, for the provision of carparking.
Front building setback for Tepko Road industrial area
Development is to maintain a minimum front building setback of 4.5 metres.
The minimum front building setback area is to be landscaped and generally free of any structures, car parking or site facilities other than driveways.
Rear building setback (other than Tepko Road industrial area)
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any structures.
To measure the rear building setback—
• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.
The rear building setback does not apply to corner allotments.
The rear building setback may be encroached by—
• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.
Rear building setback for Tepko Road industrial area
Where industrial development adjoins residential land, a minimum rear building setback is required.
The minimum rear building setback is 2 metres for 50 per cent of the length of the building wall and a minimum of 4 metres for the remaining 50 per cent of the building wall.
The rear building setback is to be landscaped and is not to be used for industrial purposes or vehicle access.
To measure the rear building setback, the rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 0.9 metre.
To measure the side boundary envelope and side setback—
• on corner allotments, the side boundaries are taken to be the boundaries that do not have frontage to a public street.
Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.
However, consent may be granted for development that, to a minor extent, does not comply with—
• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or
• the side setback, to allow a single storey outbuilding, carport, pergola or the like.
Subdivision
The minimum allotment area for any allotment resulting from the subdivision of land within the Tepko Road industrial area is 4,000m2.
Landscaped open space
The minimum area of landscaped open space is 40 per cent of the site area.
To measure an area of landscaped open space—
• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and
• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and
• landscaped open space must be at ground level, and
• the minimum soil depth of land that can be included as landscaped open space is 1 metre.
COMPLYING DEVELOPMENT
The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with for it to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| Single storey detached houses, being—• construction of new single storey houses.• alterations to single storey houses.• additions to single storey houses.• construction of carports, garages and outbuildings associated with a dwelling. | As described in Schedule 12—Part A |
| Attached houses and apartment buildings, being—• internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible).• construction of garages associated with these residential buildings.• outbuildings associated with these residential buildings. | As described in Schedule 12—Part A |
| Swimming pools | As described in Schedule 12—Part B |
| Industrial uses, being—• a different use resulting from a change of use from one type of approved industrial or warehouse use to another type of industrial or warehouse use.• alterations to approved industrial and warehouse buildings. | As described in Schedule 12—Part C |
| Business uses, offices and shops, being—• a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use.• internal alterations to business premises, offices and shops. | As described in Schedule 12—D |
LOCALITY A4 MYOORA ROAD
DESIRED FUTURE CHARACTER
The Myoora Road locality will provide an environment for low intensity business, community and leisure uses which do not rely on exposure to passing trade for their continued operation. Along Mona Vale Road a dense bushland buffer will be retained or established.
New development or further intensification of existing development will provide safe vehicular access to the satisfaction of the Council and the Roads and Traffic Authority.
Only small, non obtrusive and non illuminated signs that identify the use of a site are to be visible from Mona Vale Road. Signs that are designed of such size, height or visual appearance so as to attract passing trade will not be permitted. All signs are to be in keeping with the colour and textures of the natural landscape.
Articulated building forms, generous landscaped spaces around buildings and building materials that blend with the colours and textures of the natural landscape will be used to minimise the visual impact of development on long distance views of the locality.
LAND USE
Category One
Development for the purpose of the following—
• agriculture
• animal boarding or training establishments
• further education
• housing
• primary schools
• recreation facilities
• restaurants
• retail plant nurseries
• veterinary hospitals
Category Two
Development for the purpose of the following—
• short term accommodation
• child care centres
• community facilities
• health consulting rooms
• hospitals
• housing for older people or people with disabilities (on land described in the initial paragraph (b) under the heading “Housing density” below)
• places of worship
• registered clubs
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.
Category Three
Development for the purpose of the following—
• bulky goods shops
• business premises
• entertainment facilities
• heliports
• hire establishments
• hotels
• industries
• medical centres
• motor showrooms
• offices
• service stations
• shops
• vehicle repair stations
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• housing for older people or people with disabilities (other than on land described in the initial paragraph (b) under the heading “Housing density” below)
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
BUILT FORM
Housing density
The maximum housing density is 1 dwelling per 2 ha of site area, except—
(a) where this standard would prevent an existing allotment accommodating one dwelling, and
(b) on land that adjoins a locality used primarily for urban purposes, where there is no housing density standard if the development is for the purpose of “housing for older people or people with a disability” and the development complies with the minimum standards set out in clause 29.
However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.
The matters which shall be taken into consideration in deciding whether concurrence should be granted are—
(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the planning controls adopted by this plan.
To measure housing density—
• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,
• the site is the allotment which existed on the day this plan came into effect, and
• granny flats are not considered to be a dwelling and are limited to one per allotment.
In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.
Building height
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Front building setback
Development is to maintain a minimum front building setback. The minimum front building setback to Mona Vale Road is 30 metres.
The minimum front building setback to other roads is 20 metres.
The minimum front building setback area is to be densely landscaped using locally occurring species of canopy trees and shrubs. The minimum front building setback area is to be free of any structures, carparking or site facilities other than driveways and letterboxes. Carparking may encroach up to a maximum of 15 metres into the 30 metre setback if it covers no more than 50% of this area and dense screen landscaping is maintained.
Rear and side building setback
Development is to maintain minimum rear and side building setbacks.
The minimum rear and side building setback is 7.5 metres.
The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.
Building site coverage
The maximum building site coverage is 20 per cent of the site area except on allotments of an area of less than 3,500m2 where the maximum building site coverage is 30 per cent.
To measure building site coverage—
• the total building footprint/s is expressed as a percentage of the site area.
Landscaped open space
The minimum area of landscaped open space is 70 per cent of the site area except on allotments of an area of less than 3,500m2 where the minimum landscaped open space is 50 per cent.
To measure an area of landscaped open space—
• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and
• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and
• landscaped open space must be at ground level, and
• the minimum soil depth of land that can be included as landscaped open space is 1 metre.
COMPLYING DEVELOPMENT
The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with for it to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| Single storey detached houses, being—• construction of new single storey houses.• alterations to single storey houses.• additions to single storey houses.• construction of carports, garages and outbuildings associated with a dwelling. | As described in Schedule 12—Part A |
LOCALITY A5 McCARRS CREEK ROAD
DESIRED FUTURE CHARACTER
The McCarrs Creek Road locality will remain a non-urban area consisting of detached style housing in distinctly non-urban settings and occasionally business or community uses that are compatible with the non-urban nature of the locality and predominant scale of existing development.
The impact of new development on views from the adjacent National Park will be minimised by the use of articulated building forms, generous landscaped spaces around buildings and building materials that blend in with the colours and textures of the natural landscape.
Emphasis will be given to protecting and where possible enhancing the natural landscape, including landforms and vegetation. The increased planting of indigenous canopy trees will be strongly encouraged.
LAND USE
Category One
Development for the purpose of the following—
• housing
• agriculture
Category Two
Development for the purpose of the following—
• child care centres
• community facilities
• health consulting rooms
• housing for older people or people with disabilities (on land described in the initial paragraph (b) under the heading “Housing density” below)
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.
Category Three
Development for the purpose of the following—
• animal boarding or training establishments
• bulky goods shops
• business premises
• entertainment facilities
• further education
• heliports
• hire establishments
• hospitals
• hotels
• industries
• medical centres
• motor showrooms
• offices
• places of worship
• primary schools
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• service stations
• shops
• short term accommodation
• vehicle repair stations
• veterinary hospitals
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• housing for older people or people with disabilities (other than on land described in the initial paragraph (b) under the heading “Housing density” below)
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within the locality.
BUILT FORM
Housing density
The maximum housing density is 1 dwelling per 2 ha of site area, except—
(a) where this standard would prevent an existing lawfully created allotment accommodating one dwelling, or
(b) on land that adjoins a locality primarily used for urban purposes, where there is no housing density if the development is for the purpose of “housing for older people or people with a disability” and the development complies with the minimum standards set out in clause 29.
However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.
The matters which shall be taken into consideration in deciding whether concurrence should be granted are—
(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining planning controls adopted by this plan.
To measure housing density—
• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,
• the site is the allotment which existed on the day this plan came into effect, and
• granny flats are not considered to be a dwelling and are limited to one per allotment.
In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.
Building height
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 20 metres.
The minimum front building setback area is to be landscaped and free of any structures, carparking or site facilities other than driveways, letterboxes and fences.
Rear and side building setback
Development is to maintain minimum rear and side building setbacks.
The minimum rear and side building setback is 10 metres.
The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.
Landscaped open space
The minimum area of landscaped open space is 30 per cent of the site area.
To measure an area of landscaped open space—
(a) impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and
(b) the water surface of swimming pools and impervious surfaces that occur naturally such as rock outcrops are included in the landscaped open space area, and
(c) landscaped open space must be at ground level, and
(d) the minimum soil depth of land that can be included as landscaped open space is 1 metre.
National Park setback
Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.
COMPLYING DEVELOPMENT
The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with for it to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| Single storey detached houses, being—• construction of new single storey houses.• alterations to single storey houses.• additions to single storey houses.• construction of carports, garages and outbuildings associated with a dwelling. | As described in Schedule 12—Part A |
| Swimming pools | As described in Schedule 12—Part B |
LOCALITY A6 KU-RING-GAI CHASE NATIONAL PARK
DESIRED FUTURE CHARACTER
The Ku-ring-gai Chase National Park locality comprises that part of the National Park located within Warringah.
The following items of local heritage significance are within this locality—
• Never Beaten Lime and Cement Works Ruin, Reserve, west bank Deep Creek, Wakehurst Parkway, Belrose
LOCALITY A7 MONA VALE ROAD NORTH
DESIRED FUTURE CHARACTER
The present character of the Mona Vale Road North locality will remain unchanged except in circumstances specifically addressed as follows.
The natural landscape including landforms and vegetation will be protected and, where possible, enhanced. Buildings will be grouped in areas that will result in the minimum amount of disturbance of vegetation and landforms and buildings which are designed to blend with the colours and textures of the natural landscape will be strongly encouraged.
Development will be limited to new detached style housing conforming with the housing density standards set out below and low intensity low impact uses.
LAND USE
Category One
Nil.
Category Two
Development for the purpose of the following—
• agriculture
• housing
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.
Category Three
Development for the purpose of the following—
• animal boarding or training establishments
• bulky goods shops
• business premises
• child care centres
• community facilities
• entertainment facilities
• further education
• health consulting rooms
• heliports
• hire establishments
• hospitals
• hotels
• industries
• medical centres
• motor showrooms
• offices
• places of worship
• primary schools
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• service stations
• shops
• short term accommodation
• vehicle repair stations
• veterinary hospitals
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• housing for older people or people with disabilities
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
BUILT FORM
Housing density
The maximum housing density is 1 dwelling per 20 ha of site area, except where this standard would prevent the erection of one dwelling on an existing parcel of land, being all adjacent or adjoining land held in the same ownership on 8 March 1974 and having a combined area of not less than 2 ha.
However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.
The matters which shall be taken into consideration in deciding whether concurrence should be granted are—
(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the planning controls adopted by this plan.
To measure housing density—
• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,
• the site is the allotment which existed on the day this plan came into effect, and
• granny flats are not considered to be a dwelling and are limited to one per allotment.
In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.
Building height
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Front building setback
Development is to maintain a minimum front building setback. The minimum front building setback from Forest Way is 20 metres. Otherwise, the minimum front building setback is 10 metres.
The minimum front building setback area is to be landscaped and free of any structures, carparking or site facilities other than driveways, letterboxes and fences.
COMPLYING DEVELOPMENT
The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with for it to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| Single storey detached houses, being—• construction of new single storey houses.• alterations to single storey houses.• additions to single storey houses.• construction of carports, garages and outbuildings associated with a dwelling. | As described in Schedule 12—Part A |
| Swimming pools | As described in Schedule 12—Part B |