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Sydney Local Environmental Plan 2012 Under the Environmental Planning and Assessment Act 1979

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Sydney Local Environmental Plan 2012 Under the Environmental Planning and Assessment Act 1979 2012 No 628 New South Wales Sydney Local Environmental Plan 2012 under the Environmental Planning and Assessment Act 1979 I, the Minister for Planning and Infrastructure, pursuant to section 33A of the Environmental Planning and Assessment Act 1979, adopt the mandatory provisions of the Standard Instrument (Local Environmental Plans) Order 2006 and prescribe matters required or permitted by that Order so as to make a local environmental plan as follows. (S07/01049) SAM HADDAD As delegate for the Minister for Planning and Infrastructure Published LW 14 December 2012 Page 1 2012 No 628 Sydney Local Environmental Plan 2012 Contents Page Part 1 Preliminary 1.1 Name of Plan 6 1.1AA Commencement 6 1.2 Aims of Plan 6 1.3 Land to which Plan applies 7 1.4 Definitions 7 1.5 Notes 7 1.6 Consent authority 7 1.7 Maps 7 1.8 Repeal of planning instruments applying to land 8 1.8A Savings provision relating to development applications 8 1.9 Application of SEPPs 9 1.9A Suspension of covenants, agreements and instruments 9 Part 2 Permitted or prohibited development 2.1 Land use zones 11 2.2 Zoning of land to which Plan applies 11 2.3 Zone objectives and Land Use Table 11 2.4 Unzoned land 12 2.5 Additional permitted uses for particular land 13 2.6 Subdivision—consent requirements 13 2.7 Demolition requires development consent 13 2.8 Temporary use of land 13 Land Use Table 14 Part 3 Exempt and complying development 3.1 Exempt development 27 3.2 Complying development 28 3.3 Environmentally sensitive areas excluded 29 Part 4 Principal development standards 4.1 Minimum subdivision lot size 31 4.2 Rural subdivision 31 4.3 Height of buildings 31 4.4 Floor space ratio 31 4.5 Calculation of floor space ratio and site area 32 4.6 Exceptions to development standards 34 Page 2 2012 No 628 Sydney Local Environmental Plan 2012 Contents Page Part 5 Miscellaneous provisions 5.1 Relevant acquisition authority 37 5.1A Development on land intended to be acquired for public purposes 37 5.2 Classification and reclassification of public land 38 5.3 Development near zone boundaries 39 5.3A Development below ground level in Zone RE1 40 5.4 Controls relating to miscellaneous permissible uses 40 5.5 Development within the coastal zone 41 5.6 Architectural roof features 41 5.7 Development below mean high water mark 42 5.8 Conversion of fire alarms 42 5.9 Preservation of trees or vegetation 43 5.9AA Trees or vegetation not prescribed by development control plan 45 5.10 Heritage conservation 45 5.11 Bush fire hazard reduction 49 5.12 Infrastructure development and use of existing buildings of the Crown 49 5.13 Eco-tourist facilities 49 Part 6 Local provisions—height and floor space Division 1 Floor space in Central Sydney Subdivision 1 Preliminary 6.1 Objective of Division 51 6.2 Definitions 51 6.3 Additional floor space in Central Sydney 51 Subdivision 2 Types of additional floor space 6.4 Accommodation floor space 52 6.5 Car parking reduction floor space 52 6.6 End of journey floor space 52 6.7 Entertainment and club floor space 53 6.8 Lanes development floor space 53 6.9 Opportunity site floor space 54 Subdivision 3 Heritage floor space 6.10 Heritage floor space 55 6.11 Utilisation of certain additional floor space requires allocation of heritage floor space 56 Page 3 2012 No 628 Sydney Local Environmental Plan 2012 Contents Page Division 2 Additional floor space outside Central Sydney 6.12 Additional floor space outside Central Sydney 58 6.13 End of journey floor space 58 6.14 Community infrastructure floor space at Green Square 58 6.15 Caritas site 59 Division 3 Height of buildings and overshadowing 6.16 Erection of tall buildings in Central Sydney 59 6.17 Sun access planes 60 6.18 Exceptions to sun access planes 65 6.19 Overshadowing of certain public places 65 6.20 Alternative building heights 66 Division 4 Design excellence 6.21 Design excellence 68 Part 7 Local provisions—general Division 1 Car parking ancillary to other development 7.1 Objectives and application of Division 71 7.2 Interpretation 71 7.3 Car parking spaces not to exceed maximum set out in this Division 72 7.4 Dwelling houses, attached dwellings and semi-detached dwellings 72 7.5 Residential flat buildings, dual occupancies and multi dwelling housing 72 7.6 Office premises and business premises 73 7.7 Retail premises 74 7.8 Industry and warehouse or distribution centres 75 7.9 Other land uses 75 Division 2 Foreshore development 7.10 Foreshore building line 76 7.11 Development on the foreshore must ensure access 77 7.12 Development between Elizabeth Bay House and the foreshore 77 Division 3 Affordable housing 7.13 Contribution for purpose of affordable housing 78 Division 4 Miscellaneous 7.14 Acid Sulfate Soils 80 Page 4 2012 No 628 Sydney Local Environmental Plan 2012 Contents Page 7.15 Flood planning 81 7.16 Airspace operations 82 7.17 Development in areas subject to aircraft noise 83 7.18 Car parks 84 7.19 Demolition must not result in long term adverse visual impact 85 7.20 Development requiring preparation of a development control plan 85 7.21 Location of sex services premises 87 7.22 Use of existing non-residential buildings in Zone R1 General Residential 87 7.23 Large retail development outside of Green Square Town Centre and other planned centres 87 7.24 Development near Cross City Tunnel ventilation stack 88 Schedule 1 Additional permitted uses 89 Schedule 2 Exempt development 90 Schedule 3 Complying development 92 Schedule 4 Classification and reclassification of public land 93 Schedule 5 Environmental heritage 94 Schedule 6 Consequential amendment of other planning instruments 288 Dictionary 290 Page 5 2012 No 628 Clause 1.1 Sydney Local Environmental Plan 2012 Part 1 Preliminary Sydney Local Environmental Plan 2012 under the Environmental Planning and Assessment Act 1979 Part 1 Preliminary 1.1 Name of Plan This Plan is Sydney Local Environmental Plan 2012. 1.1AA Commencement This Plan commences on the day on which it is published on the NSW legislation website. Note. See the historical notes for the day on which this Plan was published on the NSW legislation website. 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in the City of Sydney in accordance with the relevant standard environmental planning instrument under section 33A of the Act. (2) The particular aims of this Plan are as follows: (a) to reinforce the role of the City of Sydney as the primary centre for Metropolitan Sydney, (b) to support the City of Sydney as an important location for business, educational and cultural activities and tourism, (c) to promote ecologically sustainable development, (d) to encourage the economic growth of the City of Sydney by: (i) providing for development at densities that permit employment to increase, and (ii) retaining and enhancing land used for employment purposes that are significant for the Sydney region, (e) to encourage the growth and diversity of the residential population of the City of Sydney by providing for a range of appropriately located housing, including affordable housing, (f) to enable a range of services and infrastructure that meets the needs of residents, workers and visitors, Page 6 2012 No 628 Sydney Local Environmental Plan 2012 Clause 1.3 Preliminary Part 1 (g) to ensure that the pattern of land use and density in the City of Sydney reflects the existing and future capacity of the transport network and facilitates walking, cycling and the use of public transport, (h) to enhance the amenity and quality of life of local communities, (i) to provide for a range of existing and future mixed-use centres and to promote the economic strength of those centres, (j) to achieve a high quality urban form by ensuring that new development exhibits design excellence and reflects the existing or desired future character of particular localities, (k) to conserve the environmental heritage of the City of Sydney, (l) to protect, and to enhance the enjoyment of, the natural environment of the City of Sydney, its harbour setting and its recreation areas. 1.3 Land to which Plan applies This Plan applies to the land identified on the Land Application Map. 1.4 Definitions The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan. 1.5 Notes Notes in this Plan are provided for guidance and do not form part of this Plan. 1.6 Consent authority The consent authority for the purposes of this Plan is (subject to the Act) the Council. Note. The City of Sydney Act 1988 constitutes the Central Sydney Planning Committee which has and may exercise the functions of the Council under Parts 4, 5, 6 and 8 of the Environmental Planning and Assessment Act 1979 in relation to the carrying out of major development, to the exclusion of the Council. 1.7 Maps (1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name: (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that Page 7 2012 No 628 Clause 1.8 Sydney Local Environmental Plan 2012 Part 1 Preliminary map, and approved by the Minister when the instruments are made.
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