The Dee Why North locality will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.
Future development will relate to the established pattern and predominant scale of detached style housing in the locality and the streets will be characterised by landscaped front gardens and buildings which create a sense of address to those streets. The spread of indigenous tree canopy will be enhanced where possible and natural landscape features, such as rock outcrops and remnant bushland will be preserved and development on prominent hillsides or hill tops must be designed to integrate with the landscape and topography and minimise its visual impact when viewed from afar. 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 locality will continue to be served by the existing local retail centres in the areas shown on the map. Future development in these centres will be in accordance with the general principles of development control provided in clause 39.
LAND USE
Category One
Development for the purpose of the following except within the local retail centres shown on the map—
• housing
Development for the purpose of the following within the local retail centres shown on the map—
• business premises
• health consulting rooms
• housing (not on ground floor)
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• offices
• restaurants
• shops
Note—
With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.
Category Two
Development for the purpose of the following—
• 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
• motor showrooms
• recreation facilities
• registered clubs
• retail plant nurseries
• service stations
• short term accommodation
• vehicle repair stations
• warehouses
For land outside local retail centres, also development that is Category 1 within those centres, 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 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 control does not apply—
(a) where this standard would prevent an existing allotment accommodating one dwelling, and
(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 a 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
Development is to maintain a minimum front building setback.
The minimum front building 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.
Consent may be granted for development to be carried out within the minimum front building 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, if it is for the provision of carparking.
Rear building setback
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.
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.
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, 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 may 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 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 |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
This locality will remain characterised by detached style housing and a small pocket of apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses. The development of further apartment style housing within the locality will be confined to the “medium density areas” shown on the map. The land occupied by the Dee Why Bowling Club at Lot 32 DP 868310, land occupied by the Manly Warringah Soccer Club at Lot 9 DP 793604 and land occupied by the Evergreen Tennis Centre at Lot 61 DP 611195 will continue to be used only as recreation facilities.
Outside the “medium density areas”, 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 landscaped 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 spread of indigenous tree canopy will be enhanced where possible and natural landscape features, such as rock outcrops, remnant bushland and natural watercourses will be preserved. Development on hillsides or in the vicinity of ridgetops must integrate with the natural landscape and topography. The use of materials that blend with the colours and textures of the natural landscape will be encouraged.
The locality will continue to be served by the existing local retail centres in the areas shown on the map. Future development in these centres will be in accordance with the general principles of development control provided in clause 39.
LAND USE
Category One
Development for the purpose of the following except within the local retail centres shown on the map—
• housing, except at the premises occupied (when this plan commenced) by Dee Why Bowling Club or Manly Warringah Soccer Club or the Evergreen Tennis Centre
• recreation facilities at those premises and that Centre
Development for the purpose of the following within the local retail centres shown on the map—
• business premises
• health consulting rooms
• housing (not on ground floor)
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• offices
• restaurants
• shops
Note—
With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.
Category Two
Development for the purpose of the following—
• 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
• motor showrooms
• recreation facilities, unless this Locality Statement provides otherwise
• registered clubs
• retail plant nurseries
• service stations
• short term accommodation
• vehicle repair stations
• warehouses
For land outside local retail centres, also development that is Category 1 within those centres, 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 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 control does not apply—
(a) where this standard would prevent an existing allotment accommodating one dwelling, and
(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) within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls, and
(e) for housing located within a local retail centre.
Building height
Except within the areas shown as “medium density areas” on the map—
• 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, and
• 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.
Within the areas shown as “medium density areas” on the map, buildings are neither to exceed 2 storeys nor 8.5 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below, and
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above, and
• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 6.5 metres.
The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.
Consent may be granted for development to be carried out within 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, if it is for the provision of carparking.
Rear building setback
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any above or below ground 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.
Outside the medium density areas 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.
Within medium density areas, above and below ground structures and private open space (including basement carparking, balconies, terraces and the like) must not encroach the rear boundary setback, except—
• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.
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 except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.
To measure the side boundary envelope and side setback outside the medium density areas—
• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.
Outside medium density areas—
• 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, and
• 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.
Consent may be granted for development outside medium density areas, 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.
To measure side boundary envelope and side setback within the medium density areas—
• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street,
Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Within medium density areas, above and below ground structures and private open space, including basement carparking, vehicle access ramps, balconies, terraces and the like, shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
Landscaped open space
The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 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 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 |
| 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—Part D |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
The Cromer Industrial locality will remain an industrial and employment centre incorporating industries and ancillary service uses and a range of compatible community and leisure uses. The present industrial character of the locality with establishments in landscaped settings will be maintained.
Future development will incorporate building design, site planning and landscaping to address the streets and soften the visual impact of industrial buildings and particularly their associated driveway entrances, parking and delivery/dispatch areas as viewed from the street and public spaces.
LAND USE
Category One
Development for the purpose of the following—
• industries
• warehouses
Category Two
Development for the purpose of the following—
• brothels
• child care centres
• community facilities
• hire establishments
• housing (where used in conjunction with industries or warehouses)
• places of worship
• primary schools
• motor showrooms
• offices (when ancillary to industries or warehouses)
• recreation facilities
• restaurants
• service stations
• shops (which sell equipment, machinery or materials used by an industry or trade and includes builders’ supply and hardware establishments or which sell goods manufactured on the same land as the industry)
• vehicle body repair workshops
• vehicle repair stations
• other buildings, works 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
• business premises
• entertainment facilities
• further education
• health consulting rooms
• hospitals
• hotels
• housing, unless this Locality Statement provides otherwise
• medical centres
• offices, unless this Locality Statement provides otherwise
• registered clubs
• retail plant nurseries
• shops, unless this Locality Statement provides otherwise
• short term accommodation
• veterinary hospitals
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• extractive industries
• heliports
• housing for older people or people with disabilities
• potentially hazardous industries
• potentially offensive industries
Canal estate development is also prohibited within this locality.
BUILT FORM
Building height
The maximum height of buildings is 11 metres.
To measure the height of a building—
• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 4.5 metres.
The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways.
Subdivision
The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m2.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| Industrial uses, being—• a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse.• alterations to approved industrial and warehouse buildings. | As described in Schedule 12—Part C |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
• Roche Building, 100 South Creek Road, Dee Why
• Givaudan-Roure office, 96 South Creek Road, Dee Why
• Trees, Campbell Avenue, Dee Why West
LOCALITY E4 DEE WHY PARADE
DESIRED FUTURE CHARACTER
Dee Why Parade provides a transition between the town centre and adjacent residential localities.
As such the locality will incorporate a mix of business, community and leisure uses including housing, shops and offices with apartment style housing being the predominant use on the northern side of Dee Why Parade.
The scale of development will help to achieve the transition between the town centre and surrounding localities with the buildings on the northern side of the Parade being more in keeping with the scale of existing apartment style housing in the area. New development on the southern side of Dee Why Parade will be of an increased scale although it will remain less than the scale of development in the Howard Avenue locality. On either side of Dee Why Parade articulation of building façades in such a way that they are broken into smaller elements with strong vertical proportions will be encouraged.
Future development on the southern side of Dee Why Parade is to be designed so that a 3 storey podium adjoins the sidewalk and establishes a coherent parapet line. Above the parapet line additional storeys will be set back from the front and the side boundaries so that the scale of development does not dominate Dee Why Parade and spaces are created between buildings to add interest to the skyline, reduce the mass of the building and facilitate the sharing of views and sunlight.
Minimum ceiling heights will be observed in the locality to emphasise the ground floor of buildings which incorporate uses other than housing and to maximise the amenity of dwellings and facilitate their adaptation for other purposes.
Building layout and access are to be in accordance with Map E, available at the office of the Council.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• child care centres
• community facilities
• entertainment facilities
• housing (not on ground floor)
• offices
• restaurants
• shops
Category Two
Development for the purpose of the following—
• further education
• health consulting rooms
• hospitals
• hotels
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• places of worship
• recreation facilities
• registered clubs
• short term accommodation
• 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
• hire establishments
• industries
• motor showrooms
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• warehouses
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
Building height
Buildings are neither to exceed 3 storeys nor 13 metres on the northern side of Dee Why Parade and neither 5 storeys nor 21 metres on the southern side of Dee Why Parade.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys, and
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Building mass
The maximum area of the floorplate of the upper floors of buildings on the southern side of Dee Why Parade is to be as follows—
• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,
• topmost storey: 50% of the area of the ground floor floorplate, and
• second topmost storey: 70% of the area of the ground floor floorplate.
To measure the area of the floorplate—
• the area of the floorplate is the area within the outside face of the outermost walls of the building.
Minimum floor to ceiling height
The minimum floor to ceiling heights are as follows—
• ground floor storey (other than where used for housing): 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Minimum front building setbacks
Development is to maintain a minimum front building setback.
On the southern side of Dee Why Parade the first 3 storeys of buildings must be set back at least 8 metres from the kerb. Storeys above the third storey must be set back at least 16 metres from the kerb.
On the northern side of Dee Why Parade buildings are to be set back at least 4 metres from the kerb.
Footpath awnings
Continuous footpath awnings must be provided over sidewalks on the southern side of Dee Why Parade to provide shelter for pedestrians.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings. Outdoor parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.
Side boundary envelope and side setback
Buildings on the northern side of Dee Why Parade must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
Landscaped open space
The minimum area of landscaped open space is 40 per cent of the site area except on the southern side of Dee Why Parade.
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 may 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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
| 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—Part D |
LOCALITY E5 HOWARD AVENUE
DESIRED FUTURE CHARACTER
Howard Avenue will be the primary boulevard in the Dee Why Town Centre and the focus of shopping and community activity.
Future development will incorporate a mix of business, community and leisure uses. Ground floor premises will be characterised by shops, restaurants and business premises that create active building fronts and contribute to the life of the streets and other public spaces. Housing and offices will characterise the upper floors.
Building design will also contribute to the life of public spaces by helping to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe.
In particular, future development is to be designed so that a 4 storey podium adjoins the sidewalk and establishes a coherent parapet line along Howard Avenue. Above the parapet line additional storeys will be set back to maintain solar access to the sidewalks and ensure that the scale of buildings does not dominate public spaces. Buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces are created between buildings at the upper levels to add interest to the skyline, reduce the mass of the building and facilitate the sharing of views and sunlight.
The overall height of buildings is to be such that long distance views of Long Reef Headland, the top of the escarpment to the west of Pittwater Road and the Norfolk Island Pines next to Dee Why Beach are preserved.
Building layout and access are to be in accordance with Map E available at the office of the Council such that the spaces behind buildings combine to form central courts with vehicle access limited to a restricted number of places generally in the locations shown on Map E.
Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.
A public square will be created at the eastern end of the locality.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• housing (not on ground floor)
• child care centres
• offices
• community facilities
• restaurants
• entertainment facilities
• shops
Category Two
Development for the purpose of the following—
• health consulting rooms
• registered clubs
• hospitals
• short term accommodation
• veterinary hospitals
• hotels
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• places of worship
• recreation facilities
• 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
• further education
• hire establishments
• industries
• motor showrooms
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• potentially hazardous industries
• potentially offensive industries
• heliports
• vehicle body repair workshops
Canal estate development is also prohibited within the locality.
BUILT FORM
Building height
Buildings are neither to exceed 6 storeys nor 24 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Building mass
The maximum area of the floorplate of the upper floors of buildings is to be as follows—
• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,
• topmost storey: 50% of the area of the ground floor floorplate,
• second topmost storey: 70% of the area of the ground floor floorplate.
To measure the area of the floorplate—
• the area of the floorplate is the area within the outside face of the outermost walls of the building.
Minimum floor to ceiling height
Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.
The minimum floor to ceiling heights are as follows—
• ground floor storey: 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Build-to lines
Build-to lines have been established to ensure future development defines the streets and public spaces.
For the first 4 storeys of buildings, build-to lines have been set at—
• 4.5 metres from the kerb on the northern side of Howard Avenue,
• 8 metres from the kerb on the southern side of Howard Avenue, except—
• near the intersection of Howard Avenue and Pittwater Road as indicated on the map, where the build-to line on either side of Howard Avenue is the front property boundary.
For storeys above the fourth storey, build-to lines have been set at—
• 12.5 metres from the kerb on the northern side of Howard Avenue,
• 16 metres from the kerb on the southern side of Howard Avenue, except—
• near the intersection of Howard Avenue and Pittwater Road as indicated on the map, where the build-to line on either side of Howard Avenue is 8 metres.
Future development is to observe the build-to lines as follows—
• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.
• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.
• Where a proposed building, or part of a proposed building, adjoins a 40 60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside of the 40–60% component.
• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.
• At ground floor level strict compliance with the build-to lines is not essential.
Footpath awnings
Continuous footpath awnings must be provided over all sidewalks.
Pedestrian links
Where Map E indicates a pedestrian link such a link is to be provided (or maintained) in any future development. Map E also indicates whether the link is to be an enclosed link (such as an arcade) or an open link.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E showing the location of central courts for guidance). Carparking facilities in the central courts must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
| 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—Part D |
LOCALITY E6 OAKS AVENUE
DESIRED FUTURE CHARACTER
Oaks Avenue will incorporate a mix of business, community and leisure uses. Ground floor premises will be characterised by uses including shops and restaurants that create active building fronts and contribute to the life of the streets and other public spaces. Housing and offices will characterise upper floors.
Building design will also contribute to the life of public spaces by helping to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. The scale of these buildings will be less than buildings in the neighbouring Howard Avenue locality in recognition of the subservient role of Oaks Avenue.
In particular, future development will be designed so that a 3 storey podium adjoins the sidewalk and establishes a coherent parapet line along Oaks Avenue. Above the parapet line additional storeys will be set back to maintain solar access to the sidewalks and ensure that the scale of buildings does not dominate public spaces. Buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces are created between buildings at the upper levels to add interest to the skyline, reduce the mass of the building and facilitate the sharing of views and sunlight.
The overall height of buildings is to be such that long distance views of Long Reef Headland, the top of the escarpment to the west of Pittwater Road and the Norfolk Island Pines next to Dee Why Beach are preserved.
Building layout and access are to be in accordance with Map E available from the office of the Council such that the spaces behind buildings combine to form central courts with vehicle access limited to a restricted number of places generally in the locations shown on Map E.
Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• child care centres
• community facilities
• entertainment facilities
• housing (not on ground floor)
• offices
• restaurants
• shops
Category Two
Development for the purpose of the following—
• health consulting rooms
• hospitals
• hotels
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• places of worship
• recreation facilities
• registered clubs
• short term accommodation
• 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
• further education
• hire establishments
• industries
• motor showrooms
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• warehouses
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
Building height
Buildings are neither to exceed 5 storeys nor 21 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Building mass
The maximum area of the floorplate of the upper floors of buildings is to be as follows—
• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,
• topmost storey: 50% of the area of the ground floor floorplate,
• second topmost storey: 70% of the area of the ground floor floorplate.
To measure the area of the floorplate—
• the area of the floorplate is the area within the outside face of the outermost walls of the building.
Minimum floor to ceiling height
Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.
The minimum floor to ceiling heights are as follows—
• ground floor storey: 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Build-to lines
Build-to lines have been established to ensure future development defines the streets and public spaces.
For the first 3 storeys of buildings, build-to lines have been set at—
• 4.5 metres from the kerb on the northern side of Oaks Avenue,
• 8 metres from the kerb on the southern side of Oaks Avenue, except—
• near the intersection of Oaks Avenue and Pittwater Road as indicated on Map E, where the build-to line on either side of Oaks Avenue is the front property boundary.
For storeys above the third storey, build-to lines have been set at—
• 12.5 metres from the kerb on the northern side of Oaks Avenue,
• 16 metres from the kerb on the southern side of Oaks Avenue, except—
• near the intersection of Oaks Avenue and Pittwater Road as indicated on Map E, where the build-to line on either side of Oaks Avenue is 8 metres.
Future development is to observe the build-to lines as follows—
• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.
• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside of the 60–80% component.
• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside of the 40–60% component.
• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.
• At ground floor level strict compliance with the build to lines is not essential.
Footpath awnings
Continuous footpath awnings must be provided over all sidewalks.
Pedestrian links
Where Map E indicates a pedestrian link such a link is to be provided (or maintained) in any future development. Map E also indicates whether the link is to be an enclosed link (such as an arcade) or an open link.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E showing the location of central courts for guidance). Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
| Business uses, offices and shops, being—• a different use resulting for 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—Part D |
LOCALITY E7 PACIFIC PARADE
DESIRED FUTURE CHARACTER
The Pacific Parade locality will remain characterised by apartment style housing interspersed with a range of community uses and existing business uses.
Future development in the locality will comprise mainly new apartment style housing and the upgrading of existing apartment style housing. In the event that the Woolworth’s arcade is redeveloped for housing, a pedestrian link will be maintained between Oaks Avenue and Pacific Parade.
The scale of future development will be consistent with the scale of existing development in the locality generally. New apartment style housing will address the street by locating carparking below ground and maximising the number of dwellings with entrances directly from Pacific Parade. Shared driveway accesses will be used where possible.
Building layout and access are to be in accordance with Map E available from the office of the Council such that the spaces behind buildings combine to form central courts with vehicle access limited to a restricted number of places generally in the locations shown on Map E.
LAND USE
Category One
Development for the purpose of the following—
• housing
Category Two
Development for the purpose of the following—
• child care centres
• community facilities
• health consulting rooms
• hospitals
• housing for older people or people with disabilities
• medical centres
• offices
• places of worship
• restaurants
• shops
• 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
• business premises
• entertainment facilities
• further education
• hire establishments
• hotels
• industries
• motor showrooms
• primary schools
• recreation facilities
• registered clubs
• retail plant nurseries
• service stations
• short term accommodation
• vehicle repair stations
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• canal estate development
• extractive industries
• heliports
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
BUILT FORM
Building height
Buildings are neither to exceed 3 storeys nor 13 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Minimum floor to ceiling height
The minimum floor to ceiling height is 2.7 metres.
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Minimum front building setback
Development is to maintain a minimum front building setback. The minimum front building setback is 4 metres.
To measure the front building setback—
• the front building setback is the distance between any street property boundary and the nearest building.
Rear building setback
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any above or below ground 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.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
Landscaped open space
The minimum area of landscaped open space is 40 per cent of the site area.
To measure areas 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,
• the minimum soil depth of land that may be 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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
LOCALITY E8 STURDEE PARADE
DESIRED FUTURE CHARACTER
The Sturdee Parade locality will remain primarily a residential area except for a new tourist motel at the western end of the locality. Future development will comprise new apartment style housing in addition to the motel.
The scale of new apartment style housing at the street frontage is not to be overbearing and is to be consistent with the scale of most typical apartment style housing when viewed by pedestrians on either side of Pacific or Sturdee Parade.
Within the block, the height of buildings may be greater, and is to be such that they form a transition, stepping down from the new tourist motel at the western end of the locality to the low rise apartment style housing at the eastern most part of the locality.
The design and arrangement of buildings within the locality are to recognise and preserve existing significant public views (from parks, streets etc) and significant views from private properties. Buildings are to be highly articulated and modulated to reduce the apparent building mass and reflect the existing pattern of development at the street.
Future development is to also be sited and designed to enclose and define a series of mid-block open spaces connected by a series of open space linkages both within the block and to and from the surrounding street system.
Site amalgamation will be encouraged to facilitate new development and carparking is to be provided below ground using shared driveways where possible.
LAND USE
Category One
Development for the purpose of the following—
• housing
• short term accommodation (on Lot 1 DP 233348—Dee Why Hotel)
Category Two
Development for the purpose of the following—
• child care centres
• restaurants
• community facilities
• health consulting rooms
• hospitals
• housing for older people or people with disabilities
• places of worship
• 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
• business premises
• entertainment facilities
• further education
• hire establishments
• hotels
• industries
• medical centres
• motor showrooms
• offices
• primary schools
• recreation facilities
• registered clubs
• retail plant nurseries
• service stations
• shops
• vehicle repair stations
• warehouses
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
Street frontage height
Buildings at the street frontage are neither to exceed 3 storeys nor 13 metres, except on Lot 1 DP 233348 (the tourist hotel site).
To measure the street frontage height—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors but does not include rooms that are located within the roofspace and do not add to the visual bulk of the building,
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Building height (mid-block)
The maximum height for the block has been developed in recognition of two key principles—
(a) given the depth of the block, the street frontage height requirements and the potential for site amalgamation, there is significant opportunity for greater development intensity/height in the internal areas of the block,
(b) the existing consent sets a maximum height on the western portion of the block, from which future buildings are to step down toward the east.
The following controls apply to define the maximum height for any site on the block.
The maximum allowable height is the maximum height in storeys and metres, subject to the following provisions—
• Maximum height (in metres) is calculated by taking a line across the centre line of the block, parallel to Sturdee Parade and Pacific Parade, from the eastern edge of the Hotel site eastwards. The line will slope downwards from a point 27 metres above ground level in this location to a point 13 metres above ground level at the eastern end of the block, at a location corresponding to the setback limit of the build-to line. The vertical measurement between natural ground level and this line is defined as the maximum allowable height for a site.
• Maximum allowable heights (in storeys), derived from this line are detailed in Diagram E8 available from the office of the Council. Floor to ceiling heights must be a minimum of 2.7 metres.
• Building height is to fall within an envelope defined by a sight line taken from 1.5 metres above ground level at the footpath on the opposite side of the street, intersecting with the maximum street frontage height and on to where that line intersects with the maximum allowable height (see Diagram E8).
Build-to lines
Build-to lines have been established to ensure future development defines the streets and public spaces (Map E).
Future development is to observe the build-to lines as follows—
• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line the whole of the relevant building façade is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building façades.
• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line, between 40–60% of the relevant building façade is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building façades within the 40–60% component of the building.
• light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may also penetrate the build-to line.
• outside the 40–60% component of the building, buildings are to be set back at least 9 metres from the kerb.
The 100% build-to line is 5 metres from the kerb. The 40–60% build-to line is 8 metres from the kerb.
Building massing and buildable area
Diagram E8.2 available from the office of the Council illustrates controls in relation to building massing, buildable area within the central portion of the block and the locations where side setbacks and cross block links are envisaged. The following controls are to apply—
• The preferred built form for the block is a perimeter block where buildings are oriented toward the street, enclosing semi-private spaces within the interior.
• The building wall addressing the street is to be articulated and fragmented into a module which is reflective of the surrounding residential context.
In cases where sites are amalgamated, interior portions of the block may be built upon subject to the following provisions—
• A distance of at least 9 metres is required between the rear facade of any building fronting a street and the facade of any building located within the central portion of the block.
• The siting of individual buildings within the buildable area in the central portion on the block must be guided by the controls applying to open space and access. Under no circumstances may development within the central portion of the block be comprised of a single tower.
Landscaped open space
It is envisaged that the central portions of the block will be comprised of buildings sited and designed to enclose and define a series of mid-block open spaces. These spaces will be connected by a series of open space linkages both within the block and to/from the surrounding street system. Proponents are expected to demonstrate that the following requirements have been met—
• A series of open spaces, generally of the size and location identified on Diagram E8.3 available from the office of the Council, will be provided through the siting of buildings.
• The siting and design of buildings will define the open space system, creating intimate and useable open space areas.
• The open space areas identified above will be connected by a system of linkages both through and within the block, generally in accordance with Diagram E8.3 available from the office of the Council.
Access
All east–west orientated blocks in Dee Why lack adequate pedestrian and vehicle permeability. It is envisaged that as the block redevelops, this situation will be improved through the incorporation of additional linkages through the block.
Development proposals are required to demonstrate that the following requirements have been met—
• A pedestrian circulation system which provides access through the central portions of the block, as well as to and from the surrounding street system, is to be provided generally in accordance with Diagram E8.3 available from the office of the Council.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
• 45 Pacific Parade (cnr Sturdee Parade), Dee Why
LOCALITY E9 PITTWATER ROAD
DESIRED FUTURE CHARACTER
The future development of the Pittwater Road locality will reinforce the town centre as the focus of regional activity on the Warringah corridor. This will be reflected in the treatment of public spaces, the arrangement of land uses and the scale and intensity of development.
Entry into the town centre will be marked by a building at the southern corner of the intersection of Dee Why Parade and Pittwater Road. The scale and architectural treatment of this building will distinguish it from other buildings and define the edge of the town centre.
The locality will be the focus of office activity and will incorporate a mix of land uses including business uses such as shops, offices, restaurants and cafes at ground floor level with offices and housing on upper floors. The design of buildings is to facilitate the adaptation of upper storey premises for residential or office uses.
Buildings are to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. In particular, future development is to ensure that a 4 storey podium adjoins the sidewalk and establishes a coherent parapet line along Pittwater Road. Above the parapet line additional storeys are to be set back to maintain solar access to the sidewalks and ensure that the scale of buildings does not dominate public spaces. Building facades are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces created between buildings at the upper levels to add interest to the skyline, reduce the mass of buildings and facilitate the sharing of views and sunlight.
The overall height of buildings is to be such that long distance views of Long Reef Headland, the top of the escarpment to the west of Pittwater Road and the Norfolk Island Pines next to Dee Why Beach are preserved.
Building layout and access are to be in accordance with Map E available at the office of the Council such that shared laneways are established to ensure there is no vehicle access directly from Pittwater Road and the spaces behind buildings combine to form central courts with vehicle access limited to a restricted number of places generally in the locations shown on Map E.
Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• child care centres
• community facilities
• entertainment facilities
• health consulting rooms
• housing (not on ground floor)
• offices
• restaurants
• shops
Category Two
Development for the purpose of the following—
• hospitals
• hotels
• housing for older people or people with disabilities
• medical centres
• places of worship
• recreation facilities
• registered clubs
• short term accommodation
• 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
• further education
• hire establishments
• industries
• motor showrooms
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• warehouses
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
Building height
Buildings are neither to exceed 6 storeys nor 24 metres north of the intersections of Fisher Road and Pacific Parade with Pittwater Road, and neither 5 storeys nor 21 metres south of these intersections.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
Consent may be granted for a building at the corner of Dee Why Parade and Pittwater Road above 6 storeys up to a maximum of 26 metres provided the massing of any additional storeys above the sixth storey is substantially reduced (ie they occupy a smaller floorplate compared to lower storeys). Any building that directly adjoins St. David Avenue is to present as a 3 storey, 13 metre high building for that part of the building in keeping with the scale of development along St. David Avenue.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Building mass
The maximum area of the floorplate of the upper floors of buildings is to be as follows—
• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,
• topmost storey: 50% of the area of the ground floor floorplate,
• second topmost storey: 70% of the area of the ground floor floorplate.
To measure the area of the floorplate—
• the area of the floorplate is the area within the outside face of the outermost walls of the building.
Minimum floor to ceiling height
Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.
The minimum floor to ceiling heights are as follows—
• ground floor storey: 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Build-to lines
Build-to lines have been established to ensure future development defines the streets and public spaces.
For the first 4 storeys of buildings, the build-to lines have been set at—
• 5 metres from the kerb for the first 4 storeys, and
• 9 metres from the kerb for storeys above the fourth storey, except—
• at the southern side of the intersection of Sturdee Parade and Pittwater Road as indicated on Map E available from the office of the Council, where the build-to line is the front property boundary for the first four storeys and 5 metres from the kerb for storeys above the fourth storey.
Future development is to observe the build-to lines as follows—
• The relevant building facades are to be built on these lines. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.
• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.
• At ground floor level strict compliance with the build-to lines is not essential.
Footpath awnings
Continuous footpath awnings must be provided over all sidewalks.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E for guidance). Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
| 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—Part D |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
• Commonwealth Bank, 691 Pittwater Road, Dee Why
LOCALITY E10 CIVIC CENTRE
DESIRED FUTURE CHARACTER
The Civic Centre will remain the focus of Civic activity within Warringah with this role enhanced by the development of a new Civic Building on Pittwater Road. The presence of this building will be enhanced by the use of colonnades to distinguish it from other buildings in the locality and the planting of a double row of Norfolk Island Pines at the front of the building along Pittwater Road. The corner of Pittwater Road and St. David Avenue will be strongly defined as a major pedestrian access to the site.
The northern side of this locality adjacent to the Kingsway will be redeveloped for apartment style housing in landscaped settings and be of similar scale to apartment style housing in the adjacent locality.
The sandstone outcrops and vegetation between the existing Council Chambers and the existing library, and west of the main entrance to the existing Council Chambers, will be retained.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• child care centres
• community facilities
• housing
• offices
Category Two
Development for the purpose of the following—
• housing for older people or people with disabilities
• places of worship
• restaurants
• 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
• further education
• health consulting rooms
• hire establishments
• hospitals
• hotels
• industries
• medical centres
• motor showrooms
• primary schools
• recreation facilities
• registered clubs
• 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
• heliports
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
BUILT FORM
Building height
The new civic building is neither to exceed 6 storeys nor 24 metres and buildings elsewhere in the locality are neither to exceed 3 storeys nor 13 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Minimum floor to ceiling height
The minimum floor to ceiling heights are as follows—
• ground floor storey (other than where used for housing): 3.6 metres
• ground floor storey (where used for housing): 2.7 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Minimum front building setbacks
Development is to maintain a minimum front building setback. The minimum front setbacks will be 15 metres from Pittwater Road, zero metres from St. Davids Avenue and 6 metres from the Kingsway. The first 4 storeys of the civic building must be set back a sufficient distance to enable the establishment of a double row of Norfolk Pines and the provision of a level 4 metre sidewalk.
Storeys above the fourth storey must be set back at least 4 metres from the parapet line of the fourth storey.
To measure the front building setback—
• the front building setback is the distance between any street property boundary and the nearest building.
For residential development the front setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes and garbage storage areas.
Rear building setback
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.
Side boundary envelope and side setback
Apartment buildings must be sited within an envelope determined by projecting a plane at 45 degrees from the height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
Landscaped open space
The minimum area of landscaped open space is 40 per cent of the site area for apartment style housing.
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 length or width 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,
• the minimum soil depth of landscaped open space is 1 metre.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E available from the office of the Council for guidance). Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
• “Pacific Lodge” (Salvation Army), 15 Fisher Road, Dee Why
• Dee Why Public Library, Pittwater Road, Dee Why
• Street Tree, cnr St. David Avenue and Pittwater Road, Dee Why
LOCALITY E11 FISHER ROAD
DESIRED FUTURE CHARACTER
Fisher Road locality will incorporate a mix of business, community and leisure uses. Ground floor premises will be characterised by uses including shops and restaurants that create active building fronts and contribute to the life of the streets and other public spaces. Housing and offices will characterise upper floors.
Building design will also contribute to the life of public spaces by helping to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. The scale of buildings is to be less than that of buildings in the adjacent Pittwater Road locality and buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces are created between buildings at the upper levels to add interest to the skyline and facilitate the sharing of views.
Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• child care centres
• community facilities
• entertainment facilities
• housing (not on ground floor)
• offices
• restaurants
• shops
Category Two
Development for the purpose of the following—
• further education
• health consulting rooms
• hospitals
• hotels
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• places of worship
• recreation facilities
• registered clubs
• short term accommodation
• 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
• hire establishments
• industries
• motor showrooms
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• warehouses
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
Building height
Buildings are neither to exceed 3 storeys nor 13 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Minimum floor to ceiling height
Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.
The minimum floor to ceiling heights are as follows—
• ground floor storey: 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Build-to lines
Build-to lines have been established to ensure future development defines the streets and public spaces.
The build-to line has been set at 4 metres from the kerb.
Future development is to observe the build-to line as follows—
• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.
• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.
• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 40–60% component.
• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.
• At ground floor level strict compliance with the build-to lines is not essential.
Footpath awnings
Continuous footpath awnings must be provided over all sidewalks to provide shelter for pedestrians.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings. Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
| 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—Part D |
LOCALITY E12 MOORAMBA ROAD
DESIRED FUTURE CHARACTER
The Mooramba Road locality will incorporate a mix of business, community and leisure uses. Ground floor premises facing Mooramba Road and Francis Street will be characterised by uses that provide active street fronts including shops, offices and business premises with housing on upper floors.
The height of buildings in this locality will be less than in the adjacent Pittwater Road locality and will establish a transition between the town centre and surrounding localities.
Buildings are to help to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. In particular buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions.
Site amalgamation will be encouraged to facilitate new development and enable carparking to be provided below ground or behind buildings using shared driveways where possible.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• child care centres
• community facilities
• entertainment facilities
• housing (not on ground floor)
• offices
• restaurants
• shops
Category Two
Development for the purpose of the following—
• further education
• hospitals
• hotels
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• places of worship
• recreation facilities
• registered clubs
• short term accommodation
• 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
• health consulting rooms
• hire establishments
• industries
• motor showrooms
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• warehouses
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
Building height
Buildings are neither to exceed 3 storeys nor 13 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Minimum floor to ceiling height
Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.
The minimum floor to ceiling heights are as follows—
• ground floor storey: 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Build-to lines
Build-to lines have been established to ensure future development defines the streets and public spaces.
The build-to line has been set at 3.7 metres from the kerb.
Future development is to observe the build-to lines as follows—
• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.
• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.
• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 40–60% component.
• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.
• At ground floor level strict compliance with the build-to lines is not essential.
Footpath awnings
Continuous footpath awnings must be provided over all sidewalks to provide shelter for pedestrians.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings. Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
| 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—Part D |
LOCALITY E13 DEE WHY PARK
DESIRED FUTURE CHARACTER
The Dee Why Park locality will remain characterised by apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses.
Future apartment style housing will address public streets and spaces, create visual interest and enable the establishment of substantial landscaping in the spaces between buildings.
Existing older apartment style housing will be encouraged to be upgraded to give them a more contemporary and attractive appearance.
LAND USE
Category One
Development for the purpose of the following—
• housing
Category Two
Development for the purpose of the following—
• 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
• business premises
• entertainment facilities
• hire establishments
• hotels
• industries
• medical centres
• motor showrooms
• offices
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• 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
• 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 within the locality will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls.
Building height
Buildings are neither to exceed 3 storeys nor 12 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,
• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 6.5 metres.
The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.
Consent may be granted for development to be carried out within the minimum building 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, if it is for the provision of carparking.
Rear building setback
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any above or below ground 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.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
Landscaped open space
The minimum area of landscaped open space is 50 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,
• 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 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 |
| 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—Part D |
LOCALITY E14 DEE WHY BASIN
DESIRED FUTURE CHARACTER
The Dee Why Basin locality will remain characterised by apartment style housing and detached style housing in landscaped settings and uses which are complementary and compatible with housing in the locality.
Future apartment style housing will address public streets and spaces, create visual interest and enable the establishment of substantial landscaping in the spaces between buildings.
The upgrading of existing older apartment buildings will be encouraged to give them a more contemporary and attractive appearance.
LAND USE
Category One
Development for the purpose of the following—
• housing
Category Two
Development for the purpose of the following—
• 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
• business premises
• entertainment facilities
• hire establishments
• hotels
• industries
• medical centres
• motor showrooms
• offices
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• 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
• 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 within the locality will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls.
Building height
Buildings are neither to exceed 3 storeys nor 11 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,
• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 6.5 metres.
The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.
Consent may be granted for development to be carried out within 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, if it is for the provision of carparking.
Rear building setback
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any above or below ground 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.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
Landscaped open space
The minimum area of landscaped open space is 50 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,
• 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 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 |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
• Uniting Church, 60 Howard Avenue, Dee Why
• St Kevin’s Catholic Church, 46–50 Oaks Avenue, Dee Why
• “Ebenezer” Flats, 72–74 Oaks Avenue, Dee Why
LOCALITY E15 WINGALA HILL
DESIRED FUTURE CHARACTER
The Wingala Hill locality will remain characterised by detached style housing in landscaped settings interspersed by existing apartment style housing and a range of complementary and compatible uses.
Future development will relate to the predominant scale of existing detached style housing in the locality and the streets will be characterised by landscaped front gardens and buildings which address the street. The exposed natural sandstone rock outcrops throughout the locality are to be preserved where possible and development on prominent hillsides or hilltops must be designed to integrate with the landscape and topography and complement long distance views of the hill. 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.
LAND USE
Category One
Development for the purpose of the following—
• housing
Category Two
Development for the purpose of the following—
• 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
• business premises
• entertainment facilities
• hire establishments
• hotels
• industries
• medical centres
• motor showrooms
• offices
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• 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
• 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 is the allotment which existed on the day this plan came into effect,
• 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 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.
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 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.
Consent may be granted for development to be carried out within 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, if it is for the provision of carparking.
Rear building setback
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.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 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.
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,
• 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 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 |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
• Stone steps, in drainage reserve between Headland Road and Undercliffe Street, Dee Why
CONSERVATION AREAS
• Coastal Cliff between Dee Why Beach and Curl Curl Lagoon, as shown on the map
• Stony Range Flora Reserve, as shown on the map
LOCALITY E16 PITTWATER ROAD NORTH
DESIRED FUTURE CHARACTER
The Pittwater Road North locality will incorporate a mix of business, retail and community uses including housing, shops and offices. Housing will predominantly take the form of apartment style housing with some shop-top housing where business and retail uses occur.
Future apartment style housing will be of a high standard of design that addresses public streets and spaces, creates visual interest and enables the establishment of substantial landscaping in the spaces between buildings.
Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of commercial development in the locality is to provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly above the ground floor level.
The Dee Why RSL Club will continue to cater for the recreational and leisure needs of the community. Development involved in the further expansion of the existing approved building and carparking areas is to be assessed with regard to a masterplan for the site. This masterplan will address issues such as views, visual impact, management of traffic and impact upon the amenity of the locality.
LAND USE
Category One
Development for the purpose of the following—
• housing
Category Two
Development for the purpose of the following—
• business premises
• child care centres
• community facilities
• further education
• health consulting rooms
• hospitals
• housing for older people or people with disabilities
• medical centres
• places of worship
• primary schools
• registered clubs (existing club)
• restaurants
• service stations
• shops
• 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
• motor showrooms
• recreation facilities
• retail plant nurseries
• short term accommodation
• vehicle repair stations
• warehouses
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 within the locality will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls.
The site area per dwelling for housing for older people or people with disabilities may be less than elsewhere provided the buildings are sited and designed and landscaping is used to ensure the development relates 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.
Building height
Buildings are neither to exceed 3 storeys nor 12 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,
• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 6.5 metres.
The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.
Consent may be granted for development to be carried out within 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, if it is for the provision of carparking.
Rear building setback
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any above or below ground 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.
Side boundary envelope and side setback
Apartment style buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from an apartment style building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
Landscaped open space
The minimum area of landscaped open space is 40 per cent of the site area except where the ground floor comprises business premises, shops or restaurants.
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,
• 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 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 |
| 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—Part D |
LOCALITY E17 TOWN CENTRE SOUTH
DESIRED FUTURE CHARACTER
The Town Centre South locality will be characterised by a mix of business and community uses with housing and/or office uses above.
Future development is to help to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. Building facades are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and land uses are to be arranged at ground level to create activity and add life to the streets.
The overall height of buildings is to be such that long distance views of Long Reef Headland, the top of the escarpment to the west of Pittwater Road and the Norfolk Island Pines next to Dee Why Beach are preserved and future development does not detract from the primacy of the Pittwater Road corridor and Howard Avenue boulevard.
Carparking is to be provided below ground or behind buildings using shared driveway entrances wherever possible.
LAND USE
Category One
Development for the purpose of the following—
• business premises
• housing (not on ground floor)
• offices
• restaurants
• shops
Category Two
Development for the purpose of the following—
• child care centres
• community facilities
• further education
• health consulting rooms
• hospitals
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• 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
• motor showrooms
• recreation facilities
• registered clubs
• retail plant nurseries
• service stations
• short term accommodation
• vehicle repair stations
• warehouses
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
Building height
Buildings are neither to exceed 3 storeys nor 13 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Minimum floor to ceiling height
Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.
The minimum floor to ceiling heights are as follows—
• ground floor storey: 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Minimum front building setback
Development is to maintain a minimum front building setback. The minimum front building setback is 4 metres from the kerb.
Footpath awnings
Continuous footpath awnings must be provided over all sidewalks to provide shelter for pedestrians.
Carparking facilities
Carparking facilities must be provided below ground or behind buildings. Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of parking spaces when mature.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
| 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—Part D |
LOCALITY E18 THE STRAND
DESIRED FUTURE CHARACTER
The Strand will be a vibrant locality comprising a mix of leisure, office and residential uses, interspersed by a range of complementary and compatible uses. Ground floor premises will be characterised by restaurants, cafes, shops and leisure-related uses that create active building fronts and contribute to the life of the streets. Housing will characterise upper floors.
The interrelationship between the beach and park and development along The Strand is an important aspect of the character of the locality. The design of buildings and shopfronts will have a strong complementary relationship to their beach and parkland setting and help create comfortable, interesting and safe pedestrian environments. Outdoor eating areas in particular will be encouraged.
Above the second storey, buildings will step back from The Strand, Oaks and Howard Avenues and Dee Why Parade and building height will be restricted to maintain solar access to the parklands and ensure the scale of buildings does not dominate public spaces or views from the park or beach.
The corners of Howard Avenue and The Strand, however, are to be strongly defined by virtue of building height and design.
A laneway will be established between Dee Why Parade and Howard Avenue and between Howard Avenue and Oaks Avenue for access and servicing of development fronting The Strand.
LAND USE
Category One
Development for the purpose of the following—
• housing (not on ground floor)
• restaurants
• shops
Category Two
Development for the purpose of the following—
• hotels
• housing for older people or people with disabilities
• offices (not on ground floor)
• recreation facilities
• short term accommodation
• 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
• business premises
• child care centres
• community facilities
• entertainment facilities
• further education
• health consulting rooms
• hire establishments
• hospitals
• industries
• medical centres
• motor showrooms
• places of worship
• primary schools
• registered clubs
• retail plant nurseries
• service stations
• vehicle repair stations
• veterinary hospitals
• warehouses
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
Building height
Buildings are neither to exceed 3 storeys nor 13 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,
• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Minimum floor to ceiling height
Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.
The minimum floor to ceiling heights are as follows—
• ground floor storey: 3.6 metres
• upper storeys: 2.7 metres
To measure the floor to ceiling height—
• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.
Build-to lines
Build-to lines have been established to ensure future development defines the streets and public spaces.
Build-to lines have been set at—
• 6 metres from the kerb for the first 2 storeys, and
• 10 metres from the kerb above the second storey.
These are the 60%–80% build-to lines.
However, 20 metres either side of the intersection of Howard Avenue and The Strand, the build-to lines on Howard Avenue and The Strand are the front property boundary for the first 2 storeys, and 4 metres from the kerb for storeys above the second storey.
These are the 100% build-to lines.
Future development is to observe the build-to lines as follows—
• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line, the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.
• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line, between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.
• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.
• At ground floor level strict compliance with the build-to lines is not essential.
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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
HERITAGE ITEMS
The following heritage items of local heritage significance are within this locality—
• Coronation Wishing Well, The Strand, Dee Why Reserve
• World War I Roll of Honour, The Strand, Dee Why Reserve
The following items of regional heritage significance are within this locality—
• Dee Why Rock Pool, Dee Why Beach
LOCALITY E19 DELMAR PARADE
DESIRED FUTURE CHARACTER
The Delmar Parade locality will be developed as a residential area characterised by apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses. Future development will include the construction of new apartment style housing and detached style housing and the upgrading of existing buildings.
Future development is to use the natural fall of the land to ensure that development addressing Delmar Parade is of a low scale and preserves existing significant public and private views. Building design is to also employ elements which serve to fragment larger building forms and, together with site landscaping, minimise the impact of development on long distance views of the locality. The scale of buildings addressing Sturdee Parade is to be consistent with other low-rise apartment buildings in the locality.
Sites are to be amalgamated where necessary to facilitate new development and carparking is to be provided below ground using shared driveways where possible.
LAND USE
Category One
Development for the purpose of the following—
• housing
Category Two
Development for the purpose of the following—
• child care centres
• community facilities
• health consulting rooms
• hospitals
• housing for older people or people with disabilities
• places of worship
• 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
• business premises
• entertainment facilities
• further education
• hire establishments
• hotels
• industries
• medical centres
• motor showrooms
• offices
• primary schools
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• 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
• 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 within the locality will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls.
Building height
Buildings are neither to exceed—
(a) 2 storeys nor 8.5 metres if they address Delmar Parade, or
(b) 3 storeys nor 11 metres if they address Sturdee Parade.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
Taller buildings may be permitted in the centre of large amalgamated sites, provided the visual impact is minimised when viewed from the street and surrounding development.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,
• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building 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.
Consent may be granted for development to be carried out within 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, if it is for the provision of carparking.
Rear building setback
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any above or below ground 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.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
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,
• the minimum soil depth of land that can be 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 to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| 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 |
LOCALITY E20 MOORAMBA WEST
DESIRED FUTURE CHARACTER
The Mooramba West locality will remain characterised by apartment style housing and houses in landscaped settings, interspersed by a range of complementary and compatible uses in the locality.
Future apartment style housing will address public streets and spaces, create visual interest and enable the establishment of substantial landscaping in the spaces between buildings.
The upgrading of existing older apartment buildings will be encouraged to give them a more contemporary and attractive appearance.
LAND USE
Category One
Development for the purpose of the following—
• housing
Category Two
Development for the purpose of the following—
• 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
• business premises
• entertainment facilities
• hire establishments
• hotels
• industries
• medical centres
• motor showrooms
• offices
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• 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
• 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 within the locality will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls.
Building height
Buildings are neither to exceed 3 storeys nor 11 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,
• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Front building setback
Development is to maintain a minimum front building setback.
The minimum front building setback is 6.5 metres.
The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.
Consent may be granted for development to be carried out within 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, if it is for the provision of carparking.
Rear building setback
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any above or below ground 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.
Side boundary envelope and side setback
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 4.5 metres.
To measure 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, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except—
• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and
• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.
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 area 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,
• the minimum soil depth of land that can be 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 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 |
LOCALITY E21 DEE WHY TOWN CENTRE
DEFINITIONS
For the purposes of the provisions of this Appendix relating to the Dee Why Town Centre locality—
Town Square, Pedestrian Connections and Public Open Space Map means the map marked “E21 Map Town Square, Pedestrian Connections and Public Open Space” as in force at the date that Warringah Local Environmental Plan 2000 (Amendment No 21) took effect.
Site A means the land shown distinctively edged and designated as “Site A” on the Site Map.
Site B means the land shown distinctively edged and designated as “Site B” on the Site Map.
DESIRED FUTURE CHARACTER
Introduction
The Dee Why Town Centre locality will be an attractive living centre that sustains the social, economic and environmental needs of its community and visitors, characterised by high quality housing that is balanced with an appropriate mix of shopping, business, cultural and recreational facilities consistent with its role as a major centre (as referred to in the North East Subregion—Draft Subregional Strategy published by the Department of Planning in July 2007).
The locality is recognised as a distinctive civic and commercial hub in the Northern Beaches as well as being a destination for the wider community for the purposes of civic activities, recreation, business, employment and shopping.
The locality will continue to grow as one of the region’s most significant and vibrant service centres serving the social, economic and recreational needs of the local community and the region.
Building form
The Dee Why Town Centre locality will be characterised by a unified and consistent building form and provide for a diversity of uses (retail, commercial, community, recreational, residential and car parking).
Buildings will be of the highest design quality, and use attractive, durable materials and finishes. The development will achieve architectural and urban design excellence and be environmentally sustainable through measures such as passive solar design, water harvesting or reuse (or both) and use of renewable materials.
The street edges will be lined with a bustling mix of retail shops, cafes and restaurants. To achieve this positive reinforcement of the street edge and a good human to built form scale, a 3 storey podium to street wall will define the street edge of the proposed new road adjoining Site A, while a 4 storey podium to street wall will define the Oaks Avenue frontage to Site A and surrounding street edge of Site B. Building setbacks and heights will be designed to ensure adequate levels of natural sunlight and to ensure a high level of amenity to occupiers of the buildings as well as the adjacent public domain and surrounding developments. Upper levels should not overhang ground level with the exception of balconies and other minor extrusions of building elements which are encouraged to pronounce articulation and modification of building facades.
Ground floor levels of development will be highly active and accessible to the street and create a lively and active ambience. Ground floor retail development is to be at grade with the footpaths and provide opportunities for a generous promenade and distinctive street tree planting to provide shade and shelter.
The pattern of development will reflect the underlying urban form in Dee Why with predominantly east-west orientated buildings and high levels of visual and physical permeability. The streets will be legible and lead to well designed and publicly accessible open spaces. Taller buildings will be distributed across the town centre from west to east to establish a coordinated, modulated and varied skyline to protect the scenic qualities of Dee Why, its views and vistas and to maintain adequate sunlight access within Dee Why.
Streetscape
The Howard Avenue street frontage of Site B will be tree lined with distinctive coastal indigenous species that provide landscape elements while not obscuring the views into and out of the town square from Pittwater Road or Howard Avenue.
Tower buildings
Two iconic, slimline towers will be provided in the western part of the locality (Site B), with one smaller tower provided in the eastern part of the locality (Site A). The towers will largely provide for a transition in building height from west (Pittwater Road) to east (proposed new road) and respond to the surrounding natural escarpment. The Building Heights Map prescribes the maximum building heights for the locality.
The towers will be spatially separated to provide well designed, generous, usable public spaces and provide good sunlight penetration to the southern side of Oaks Avenue and the Town Square. This will ensure the Town Centre is provided with a high level of amenity for the public throughout the entire year.
Mid-rise elements on Site B facing Oaks Avenue are to reflect the simple clarity displayed by the tower and podium elements and floor area limits stipulated are not to be considered as entitlements, but if achieved, are subject to conformity with other controls and the achievement of satisfactory urban design quality.
Retail and commercial uses
Dee Why must provide additional employment opportunities and commercial space for businesses, consistent with its role as a major centre (as referred to in the metropolitan strategy known as City of cities—A plan for Sydney’s future published by the Department of Planning in December 2005). The Dee Why Town Centre locality will facilitate its commercial focus and functions by providing at least 2 levels (excluding the ground floor) of development for non-residential purposes contributing to the locality’s service functions, as well as providing for enhanced employment opportunities.
Shops and cafes with active frontages will give a sense of liveliness, vitality and safety within the locality. Double storey height colonnades adjoining the proposed Town Square will provide strategic links to improve the efficiency of the locality and an enhanced retail environment for businesses and patrons alike. On the edges of streets and public spaces, buildings will be provided with continuous colonnades or pedestrian awnings.
Design and management solutions will be provided that will provide for an appropriate mix and diversity of retail uses that will encourage and facilitate the diversity of the shopping experience.
Signage associated with new developments will be high quality, innovative, co-ordinated and minimised to avoid visual clutter and will complement the overall urban design, streetscape and architectural quality and amenity of the centre for its patrons whilst also achieving a balanced and reasonable level of exposure for businesses.
Residential amenity
Exemplary and innovative treatments will be applied to the configuration and design of communal access and recreational areas within residential elements that will promote a socially effective urban village.
Mobility, traffic management and parking
Improved vehicle access and circulation in the Dee Why Town Centre locality will be achieved by good design and management of traffic flows within the existing and proposed new roads servicing the locality.
There will be a new north-south street, between Howard and Oaks Avenue, along the eastern side of the Council site adjacent to St. Kevin’s Church (specifically involving Lot 2, DP 526306 and Lot 19, DP 8172).
Traffic will circulate in a one way anti-clockwise direction around the locality via Oaks Avenue, the proposed new road and Howard Avenue.
Improved vehicle access and circulation within the locality is a prerequisite to redevelopment. Development will reinforce the prioritisation of pedestrian movements and networks and make the locality a safer, enjoyable and attractive town centre for the public and existing and future residents.
Car parking, principally underground, will be provided to accommodate the demand of the additional residential, retail and commercial uses. On Site B, only one level of above ground car parking is allowed. This car parking will be located on Level 2. Appropriate architectural screening of the car park level will occur and is to be visually integrated and coordinated with the design of building facades of the remainder of the development to ensure that vehicles will be screened completely from surrounding vantage points and to protect the streetscape and urban design quality of the development. Where car parking adjoins a street frontage, the amenity of the adjoining and nearby uses are to be protected. Loading facilities and waste collection facilities will be accommodated using intelligent, innovative design and in a manner that does not adversely impact on the visual amenity of the public domain or conflict with pedestrian access or the amenity of adjoining and nearby residential properties.
Minimal disruption to retail and commercial activity at street level will occur by minimising the width of the footpath crossings and vehicle entrances, by ensuring that loading facilities are substantially enclosed by occupied floor space and by high standards of civic design applied to portions of loading dock and car park entrances that would be visible from the street.
Town square and open space
A Town Square will be the heart of the community. It will contain attractive, useable open spaces interlinked by a secure network of pedestrian connections.
The proposed Town Square will address Howard Avenue in accordance with the Town Square, Pedestrian Connections, and Public Open Space Map. It will be a flexible, multi-use space that will be suitable for markets, entertainment and community events and as a meeting place for the general public. Colonnades will surround the perimeter of the Town Square providing all weather access to the ground floor retail outlets. These retail uses will provide opportunities for alfresco dining, casual seating and recreation. Residential accommodation situated above will provide casual surveillance of the Town Square and bring life and vitality to the Town Square throughout the day. An appropriate canopy of indigenous tree species will also be provided throughout the Town Square to enhance its amenity.
North-south pedestrian connection
A north-south pedestrian connection will link the proposed Town Square with Oaks Avenue and will provide a strong physical and visual connection between Howard Avenue and Oaks Avenue ensuring a high level of permeability of the locality. A north-south pedestrian connection leading from the proposed Town Square to Oaks Avenue will introduce a generous pedestrian and retail precinct. The pedestrian connection will be defined by retail development, with double storey colonnades providing access on a 24 hour, 7 days a week basis, and be designed to ensure all weather access to ground level retail, food and beverage outlets. The pedestrian connection will have a clear width of not less than 14 metres to ensure high levels of sunlight access and provide view lines through the development in accordance with the Town Square, Pedestrian Connections and Public Open Space Map.
Hydrology
Future development of the locality is to be designed to take account of, and be compatible with, the hydrological conditions associated with the Dee Why Lagoon South Catchment.
Stormwater management
Future development is to be designed and located to take into account stormwater management issues and is to incorporate water sensitive urban design and ecologically sustainable development principles. Innovative design solutions are essential and must be consistent with contemporary best design practices. They are to minimise stormwater impacts (including stormwater quantity and quality impacts on the Dee Why Lagoon system).
Finished floor levels and basement car park entry levels are to incorporate adequate freeboards to protect against the entry of stormwater from Council’s street drainage system.
LAND USE
Category One
Development for the purposes of the following—
• community facilities
• shops on the ground and first floor level within Site B
• shops on the ground floor level within Site A
• restaurants on the ground floor
Category Two
Development for the purposes of the following—
• business premises
• child care centres
• entertainment facilities
• health consulting rooms (not on ground floor level)
• hotels
• housing on the second floor level and above
• medical centres (not on ground floor level)
• offices on the second floor level and above within Site B
• offices on the first floor level and above within Site A
• places of worship
• recreation facilities
• registered clubs
• shops
• short-term accommodation
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3
Category Three
Development for the purposes of the following—
• agriculture
• animal boarding or training establishment
• bulky goods shops
• further education
• hire establishments
• housing on the ground floor level and first floor level
• industries
• motor showrooms
• offices on the ground and first floor level within Site B
• offices on the ground floor level within Site A
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• veterinary hospitals
• warehouses
PROHIBITED DEVELOPMENT
Development for the purpose of the following is prohibited within this locality—
• brothels
• canal estate development
• extractive industries
• heliports
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
BUILT FORM
BUILDING HEIGHT
Note—
The building height controls establish a vertical limit to which a future building may be constructed. The height limits are a maximum height and not an expression of uniform height over the entire site.
The building height control is not to be read in isolation. A suite of development controls apply to land within the locality that must be considered concurrently to assist in determining the manner, form and configuration of future development.
Objectives
The objectives of the building height controls for the locality are as follows—
(a) to ensure that future development responds to the desired scale and character of the locality (referred to in the Desired Future Character Statement for this locality),
(b) to ensure that future development responds to the surrounding escarpment and that building heights do not dominate the surrounding topography,
(c) to limit overshadowing to the front set back areas on the southern side of Oaks Avenue opposite Site A during mid-winter (22 June),
(d) to limit overshadowing to the footpath on the southern side of Oaks Avenue opposite Site B during mid-winter (22 June),
(e) to limit overshadowing to the Town Square during mid-winter (22 June).
Controls
Buildings on any land in the locality are to be no more than the maximum height (in metres AHD) shown for the land on the Building Heights Map.
Despite the building envelopes established by the Building Heights Map, a building envelope boundary of the following proposed towers may be varied by up to 2 metres in a horizontal direction, but only if the floor area of any storey of the tower after such a variation does not exceed the floor area of any such storey had the variation not occurred—
(a) the proposed tower shown on that map as having a maximum height of 52.5 metres AHD (Site A),
(b) the proposed tower shown on that map as having a maximum height of 75 metres AHD (Site B),
(c) the proposed tower shown on that map as having a maximum height of 78 metres AHD (Site B).
No less than 2 hours of sunlight must be provided between 10am and 2pm to the front setback areas on the Southern side of Oaks Avenue opposite Site A in midwinter (June 22).
No less than 2 hours of sunlight must be provided between 10am and 2pm to the public footpath on the Southern side of Oaks Avenue opposite Site B at a distance of 6 metres from the property boundary in midwinter (June 22).
No less than 4 hours of sunlight must be provided midwinter (June 22) to the proposed Town Square.
Only temporary structures may be erected on the land indicated as Pedestrian Connections on the Town Square, Pedestrian Connections and Public Open Space Map.
In these controls, height, in relation to a building, means the distance, measured vertically between the top most point of the building and the existing ground level below.
OAKS AVENUE ABOVE PODIUM PROVISIONS
Site A
Application: The following provisions apply to buildings on the Site A Oaks Avenue podium land as shown on the Above Podium Elements Map (the Site A Oaks Avenue podium land).
The following provisions apply despite the maximum building height control set out above and in the Building Heights Map.
Objectives
The objectives of the above podium provisions for the Site A Oaks Avenue podium land are as follows—
(a) to allow buildings fronting Oaks Avenue on the Site A Oaks Avenue podium land to have components above 28.5 metres AHD level permitted by the building height control and the Building Heights Map (the podium level),
(b) to control building bulk above the podium level on the Site A Oaks Avenue podium land,
(c) to limit the depth of buildings and control the gross floor area above the podium level of 28.5 metres AHD on the Site A Oaks Avenue podium land,
(d) to limit overshadowing to the front setback areas on the southern side of Oaks Avenue opposite Site A in midwinter (June 22),
(e) to allow design flexibility.
Controls
Despite the maximum building height control and the Building Heights Map, a building may be erected on the Site A Oaks Avenue podium land that has a component above 28.5 metres AHD, but only if—
(a) Gross floor area
the total gross floor area of the components of the buildings above the podium level does not exceed 2,000m2, and
(b) Separation in building wall
a minimum of 20 per cent of the east-west length of Site A above the podium level comprises physical breaks or separation between buildings, and
(c) Rear building alignment
any component of the building above the podium level does not extend north beyond the Site A Oaks Avenue rear building alignment line as shown on the Above Podium Elements Map (being the line 32 metres from the Oaks Avenue front building line (which is 2.275 metres from the Oaks Avenue Site A boundary)), and
(d) Building plane
the building is sited or located under a plane that projects at an angle of 29 degrees from the height of 28.5 metres AHD above the Oaks Avenue front building line as shown on the Above Podium Elements Map (which is 2.275 metres from the Oaks Avenue Site A boundary), and
(e) Shadowing–Oaks Avenue south side
no less than 2 hours of sunlight is provided between 10am and 2pm to the front setback areas on the southern side of Oaks Avenue opposite Site A in midwinter (June 22).
Site B
Application: The following provisions apply to buildings on the Site B Oaks Avenue podium land as shown on the Above Podium Elements Map (the Site B Oaks Avenue podium land).
The following provisions apply despite the maximum building height control set out above and in the Building Heights Map.
Objectives
The objectives of the above podium provisions for the Site B Oaks Avenue podium land are as follows—
(a) to allow buildings on the Site B Oaks Avenue podium land to have components above 31 metres AHD level permitted by the building height control and the Building Heights Map (the podium level),
(b) to control building bulk above the podium level on the Site B Oaks Avenue podium land,
(c) to limit the depth of buildings and control the gross floor area above 31 metres AHD,
(d) to ensure that there is an adequate separation between the above podium buildings envelopes set out in the Building Heights Map for the towers and surrounding podium of the Howard Avenue side of the site and the buildings south of the Site B rear building alignment,
(e) to limit the overshadowing of the footpath on the southern side of Oaks Avenue opposite Site B,
(f) to allow design flexibility.
Controls
Despite the maximum building height control and the Building Heights Map, a building may be erected on the Site B Oaks Avenue podium land that has a component above 31 metres AHD, but only if—
(a) Gross floor area
the total gross floor area of the components of the buildings on the Site B Oaks Avenue above the podium level does not exceed 3,800m2, and
(b) Separation in building wall
a minimum of 20 per cent of the east-west length of Site B above the podium level comprises physical breaks or separation between buildings, and
(c) Rear building alignment
any component of the building above the podium level does not extend north beyond the Site B rear building alignment line shown on the Above Podium Elements Map (being the line 27.5 metres from the Oaks Avenue front building line), and
(d) Shadowing–Oaks Avenue south side
no less than 2 hours of sunlight is provided between 10am and 2pm to the public footpath on the southern side of Oaks Avenue opposite Site B at a distance of 6 metres from the property boundary in midwinter (June 22).
PROPOSED NEW ROAD ABOVE PODIUM PROVISIONS
Application: The following provisions apply to buildings on the Site A Proposed New Road podium land as shown on the Above Podium Elements Map (the Site A Proposed New Road podium land).
The following provisions apply despite the maximum building height control set out above and in the Building Heights Map.
Objectives
The objectives of the above podium provisions for the Site A Proposed New Road podium land are as follows—
(a) to allow buildings on the Site A Proposed New Road podium land to have components above 25 metres AHD level permitted by the building height control and the Building Heights Map (the podium level),
(b) to control building bulk above the podium level on the Site A Proposed New Road podium land,
(c) to limit the depth of buildings and control the gross floor area above the podium level of 25 metres AHD,
(d) to allow design flexibility.
Controls
Despite the maximum building height control and the Building Heights Map, a building may be erected on the Site A Proposed New Road podium land that has a component above 25 metres AHD, but only if—
(a) Gross floor area
the total gross floor area of the components of the buildings on the Site A Proposed New Road podium land above the podium level does not exceed 1,000m2, and
(b) Rear building alignment
any component of the building above the podium level does not extend west beyond the proposed new road rear building alignment line as shown on the Above Podium Elements Map (being the line 19.5 metres from the proposed new road front building line), and
(c) Building plane
the building is sited or located under a plane that projects at an angle of 45 degrees from the height of 25 metres AHD above the proposed new road front building line toward the rear building alignment (as shown on the Above Podium Elements Map), and
(d) Maximum height
the height of the building does not exceed 43.5 metres AHD.
DESIGN EXCELLENCE
Objectives
The objectives of the following control is to ensure that buildings on Site A and Site B exhibit design excellence.
Control
Development consent must not be granted for development involving the construction of a new building or external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.
In considering whether 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 proposed development will improve the quality and amenity of the public domain,
(c) whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,
(d) whether the architect responsible for the proposed design has an outstanding reputation in architecture,
(e) whether satisfactory arrangements have been made to ensure that the proposed design is carried through to the completion of the development concerned.
ALLOWANCE FOR EXTERNAL ANCILLARY PLANT AND ROOF ACCESS
Objectives
The objectives of the controls relating to external ancillary plant and roof access are as follows—
(a) to ensure that the height, scale and number of permanent or temporary eternal ancillary structures located on roofs of buildings do not add to the perceived height of buildings or detract from the roof form of buildings,
(b) to ensure that roof forms are attractive when viewed from surrounding vantage points, including when viewed, at a short distance, from the public domain and surrounding apartment buildings as well as when viewed, from a long distance, from the southern and western hill sides that enjoy northerly and easterly aspects, respectively, over Dee Why,
(c) to promote low-scale vegetative landscaping of podium roofs of buildings and the use of podium roof spaces as areas for passive recreation for residents of the buildings concerned.
Controls
The height of any external ancillary plant or access point is to be minimised and should not exceed 3.0 metres. The access point is to be suitably integrated with either landscaping or architectural elements of the roof design. The total area of such plant and access points must not exceed 10% of the roof area.
Any balustrade or similar safety restraint (except a building parapet) is to be set in from the roof edge a minimum distance of 3 metres.
Any external ancillary plant or access point is to be integrated with the architectural design of the building.
Any external ancillary plant or access point is to be centrally located within the roof area to minimise or completely avoid being visible from the public domain in close proximity to the building.
No external ancillary plant is to be located on the roof of the tall tower located on Site A or the two slimline towers on Site B.
COMPLYING DEVELOPMENT
The following Table shows the development that is complying development in the Dee Why Town Centre locality. Column A describes the development and Column B shows the requirements that the development must comply with to be complying development.
| Column A | Column B |
| Development for the purpose of— | |
| Attached houses or apartment buildings, being—• internal alterations (excluding balcony enclosures and other devices that are externally visible),• the erection of any garages associated with any such houses or buildings,• the erection of any outbuildings associated with any such houses or buildings. | As described in Schedule 12—Part A |
| Businesses, offices or shops, being—• a different use resulting from a change of use from one type of business, office or shop to another type of business, office or shop,• internal alterations to business premises, offices or shops. | As described in Schedule 12—Part D |
Schedule Schedule E - Warringah Local Environmental Plan 2000 - Dee Why Locality Statements | Zoe