Gosford City Centre Local Environmental Plan 2005 (NSW)
This plan is Gosford City Centre Local Environmental Plan 2005.
The aims of this plan are as follows:
(a) to introduce contemporary design-based planning provisions for Gosford City Centre that promote a variety of land use opportunities, taking into account the waterfront and natural setting of Gosford, including views from key public places and to ridgelines,
(b) to facilitate the revitalisation of Gosford City Centre by promoting redevelopment and urban sustainability,
(c) to recognise and reinforce the regional significance of Gosford City Centre by providing a range of housing, employment and recreational opportunities that are consistent with the Centre’s primary role as the commercial centre of the local government area,
(d) to ensure that the development of Gosford City Centre occurs in a balanced manner having regard to environmental, social and economic factors,
(e) to promote design excellence and environmental sustainability of the built form,
(f) to identify items of environmental heritage and introduce a range of heritage provisions for Gosford City Centre,
(g) to provide a secure planning framework for business investment and certainty of development outcomes,
(h) to ensure the integration of transport and land use through improved accessibility and choice, moderating demand and distances travelled and supporting public transport.
This plan applies to land shown edged black on the zoning map.
Land shown as “Deferred Matter” on the zoning map by a distinctive hatching is not subject to this plan (being land that is excluded from the operation of this plan under section 68 (5) or 70 (4) of the Act).
Gosford Planning Scheme Ordinance does not apply to the land to which this plan applies.
The provisions of State Environmental Planning Policy No 1—Development Standards do not apply to building height limitations set by this plan for land to which this plan applies.
Gosford Planning Scheme Ordinance is amended by omitting clauses 49N, 49O, 49P, 49Q and 49R.
The consent authority for the purposes of this plan is (subject to the Act) the Council of the City of Gosford.
The Dictionary at the end of this plan defines words and expressions for the purposes of this plan.
This plan adopts clauses 30, 31 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.
In this plan, a reference to a map is a reference to a map deposited in the office of the Council.
Development is to be consistent with the following development objectives:
(a) to reinforce Gosford as the “capital” cultural/civic/service centre of the Central Coast,
(b) to reinforce a sense of place and Gosford’s image within the landscape, ensuring that development complements Gosford City Centre’s natural setting of the waterfront and vegetated hillsides,
(c) to ensure a vibrant, economically sustainable Gosford City Centre,
(d) to connect Gosford City Centre with the waterfront and develop the waterfront as a safe and active people’s place,
(e) to concentrate higher density development within easy walking distance of the railway station,
(f) to ensure a coordinated and coherent built city form with high quality urban design and architectural merit,
(g) to encourage the development of a “civic” precinct, containing major cultural and community facilities,
(h) to promote view sharing within the city by keeping building heights lower at the waterfront and higher further up the valley,
(i) to improve the quality, attractiveness and usefulness of open spaces within the city, including Kibble Park and the waterfront,
(j) to promote ecologically sustainable development and best practice environmental principles in all development within the city,
(k) to improve accessibility and mobility for all groups to and within Gosford City Centre,
(l) to improve the physical connection between the hospital and Gosford City Centre,
(m) to foster the development of social capital and to ensure a range of housing choice and affordability,
(n) to integrate water management in the public domain with high quality urban design and improve the quality of stormwater discharge into Brisbane Water by implementing natural water filtration systems in the landscape.
The zoning of land within Gosford City Centre is shown on the zoning map.
The objectives of each zone are set out in the clauses below. These clauses also specify development that does not require consent, development that requires consent, and prohibited development.
The consent authority must not grant consent for development of land within a zone unless it has taken into consideration the provisions of this plan, the objectives of the zone and the consistency of the development with those objectives.
The consent authority must not grant consent for development unless it has taken into consideration the character of the development site and of the surrounding locality (
The objectives of the City Centre Zone are:
(a) to encourage the development of business and administrative activities that contribute to economic growth and employment opportunities within Gosford City Centre and the wider region, and
(b) to encourage a wide range of retail, commercial, entertainment and community uses to facilitate the revitalisation of Gosford City Centre and its use by a wide range of residents, and
(c) to permit a diversity of uses which reinforce the multi-use character of Gosford City Centre, and
(d) to allow for increased residential and other ancillary development where it is unlikely to significantly prejudice the supply of retail and commercial floor space within Gosford City Centre.
The following development may be carried out within the City Centre Zone without development consent:
• Exempt development
The following development may be carried out within the City Centre Zone only with development consent:
• Demolition
• Development for the purposes of the following:
• advertisements
• boarding houses
• bulky goods salesrooms or showrooms
• carparks
• child care centres
• clubs
• commercial premises
• communication facilities
• community facilities
• educational establishments
• goods terminals
• hardware and building supply outlets
• home businesses
• hospitals
• hotels
• medical centres
• mixed use development
• motels
• motor showrooms
• places of assembly
• places of public worship
• plant nurseries
• reception rooms
• recreation and sporting facilities
• restaurants
• roads
• service stations
• shop top housing
• shops
• utility installations
• vehicle repair stations
• warehouses
• Subdivision (other than subdivision that is exempt development)
All other development is prohibited within the City Centre Zone.
The objectives of the City Centre Support Zone are:
(a) to allow a range of uses that support the primary retail and commercial core functions of the City Centre Zone, and
(b) to allow residential development in close proximity to Gosford City Centre and transport interchanges, and
(c) to allow for a range of services and community facilities to serve the needs of residents of, and workers and visitors to, Gosford City Centre.
The following development may be carried out within the City Centre Support Zone without development consent:
• Exempt development
The following development may be carried out within the City Centre Support Zone only with development consent:
• Demolition
• Development for the purposes of the following:
• advertisements
• boarding houses
• carparks
• child care centres
• clubs
• commercial premises
• communication facilities
• community facilities
• educational establishments
• hardware and building supply outlets
• home businesses
• hospitals
• hotels
• medical centres
• mixed use development
• motels
• places of assembly
• places of public worship
• residential flat buildings
• restaurants
• roads
• utility installations
• veterinary hospitals
• Subdivision (other than subdivision that is exempt development)
All other development is prohibited within the City Centre Support Zone.
The objectives of the City Centre Parks Zone are:
(a) to identify land for purposes of public open space to provide for the leisure and recreation of residents and visitors, and
(b) to facilitate the use of public land for a range of activities that promote community benefits and social capital, and
(c) to retain open space areas that are of regional or historic significance or both.
The following development may be carried out within the City Centre Parks Zone without development consent:
• Exempt development
The following development may be carried out within the City Centre Parks Zone only with development consent:
• Demolition
• Development for the purposes of the following:
• community facilities
• places of assembly
• reception rooms
• recreation and sporting facilities
• restaurants
• roads
• utility installations
• Subdivision (other than subdivision that is exempt development)
All other development is prohibited within the City Centre Parks Zone.
The objectives of the City Centre Special Use Zone are:
(a) to identify a range of public uses that are integral to the function of Gosford City Centre as the commercial and administrative centre of the region, and
(b) to protect public assets, and
(c) to facilitate the use of public areas and waterways.
The following development may be carried out within the City Centre Special Use Zone without development consent:
• Exempt development
The following development may be carried out within the City Centre Special Use Zone only with development consent:
• Demolition
• Development for the purposes of the following:
• community facilities
• mooring pens
• mooring piles
• roads
• the particular land uses indicated in writing on the zoning map in relation to the City Centre Special Use Zone
• utility installations
All other development is prohibited within the City Centre Special Use Zone.
The consent authority must not consent to development unless the consent authority has considered the extent to which the proposed development:
(a) provides for a high quality urban form, incorporating the need to preserve vistas to ridgelines and sharing of views, and adoption of best practice urban design principles for buildings and places, and
(b) incorporates the principles of ecological sustainability and minimises negative impacts on the natural, social, physical and cultural environment, and
(c) provides for buildings, structures and spaces that are compatible with the character, form, setting and scale of Gosford City Centre, whilst providing a high quality built environment that complements its natural setting, and
(d) provides for the integration of transport and land use, to reduce the need for car travel, maximise use of existing public transport, concentrate higher density development around transport interchanges and improve safety for cyclists and pedestrians, and
(e) provides for the protection, preservation and enhancement of all heritage resources to enhance the character and identity of Gosford City Centre, and
(f) shows that noise and vibration issues associated with the railway have been addressed.
The consent authority must not consent to development unless the consent authority is satisfied that the proposed development will not have any adverse effect on marine habitats, including seagrasses.
The objectives of the building height limitations and requirements are:
(a) to ensure that development relates to the scale and character of the existing streets and local area, and
(b) to maintain views from Kibble Park to the ridges of the surrounding hills, and
(c) to enable view sharing to and from Gosford City Centre, and
(d) to protect views of the surrounding ridgelines from the foreshore, and
(e) to facilitate mixed use developments, and
(f) to provide quality internal environments that optimise solar access and facilitate future adaptability of uses, and
(g) to minimise wind tunnelling effects.
The consent authority must not grant consent for a building that exceeds the height shown on the Building Heights Map in relation to the relevant land.
Despite subclause (2), consent may be granted for a building that exceeds the specified height by what the consent authority considers to be a minor amount, but only if the consent authority is satisfied that the additional height is required to facilitate an architectural roof feature that:
(a) comprises a decorative element on the uppermost portion of the building, and
(b) is an integral part of the design of the building in its context, and
(c) is not a structure for signage or advertising, and
(d) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(e) does not provide access for recreational purposes, and
(f) does not contain equipment or structures for servicing the building, such as plant, lift motor rooms, fire stairs and the like, and
(g) will have minimal overshadowing impact.
Any part of a building that is above 10.5 metres in height is to be set back at least 5 metres from any boundary that has frontage to a public right of way (such as a street or lane).
Any part of a non-residential building that is above 10.5 metres in height is to be set back at least 3 metres from any side boundary that does not have frontage to a public right of way.
Any part of a building located on the western side of Mann Street, between Donnison and Erina Streets, that is above 10.5 metres in height is to be set back at least 20 metres from the eastern boundary so as to ensure the maintenance of views to President’s Hill and to ensure that there will be no overshadowing of William Street Mall greater than could occur on the commencement of this plan.
Any part of a building located on the south-western corner of the intersection of Donnison Street and Dane Drive that is above 10.5 metres in height is to be set back at least 10 metres from the southern property boundary so as not to cause overshadowing to the adjoining bowling greens.
Any part of a building fronting Mortimer Lane that is above 10.5 metres in height is to be set back at least 17 metres from the eastern boundary so as to ensure the maintenance of solar access to Kibble Park.
The objectives of floor space ratios are:
(a) to define allowable densities for permissible buildings within Gosford City Centre, and
(b) to limit the bulk and scale of buildings to ensure a good urban design outcome, and
(c) to ensure that development is in keeping with the site and locality.
A building within the City Centre Zone with a height not exceeding that shown in Column 1 of the Table to this subclause is not to have a floor space ratio exceeding that shown in the corresponding row in Column 2 of that Table.
Table
Column 1 | Column 2 |
Height (m) | FSR |
7.5 | 2.0:1 |
10.5 | 2.5:1 |
14 | 2.75:1 |
17.5 | 3.0:1 |
21 | 3.5:1 |
24 | 4.0:1 |
30 | 4.75:1 |
A building within the City Centre Support Zone with a height not exceeding that shown in Column 1 of the Table to this subclause is not to have a floor space ratio exceeding that shown in the corresponding row in Column 2 of that Table.
Table
Column 1 | Column 2 |
Height (m) | FSR |
14 | 2.0:1 |
17.5 | 2.5:1 |
21 | 3.0:1 |
24 | 3.5:1 |
Despite subclauses (2) and (3), a site having an area of less than 900 square metres is not to have a floor space ratio greater than 3.0:1.
Basement levels, including carparking, that are not located wholly underground are to be counted as floor space for the purposes of calculating floor space ratios.
This clause is subject to clause 18 (4)–(8).
The objectives of the building setback requirements are:
(a) to create desirable street proportions and to define the street edge, and
(b) to achieve well-scaled city form, and
(c) to provide consistent streetscapes in Gosford City Centre, and
(d) to maintain high environmental amenity for residential and commercial functions, and
(e) to allow for street tree planting, and
(f) to provide for activity along the street frontage.
All buildings are to comply with the building setbacks shown on the Building Setbacks Map in relation to the relevant land.
Active street frontages at ground level are to be maintained in respect of land shown on the Building Setbacks Map as having nil setback.
A 5 metre minimum landscaping setback at ground level is required in respect of land shown on the Building Setbacks Map as having a landscape setback requirement.
The building setbacks of Brisbane Water County Council building and Gosford City Council Administration Building existing on the commencement of this plan are to be maintained so as to reinforce a civic precinct.
A 2 metre building setback to the street is required on the eastern side of Baker Street from the Baker Street Car Park to Georgiana Terrace as shown on the Building Setbacks Map. Underground basements may be allowed to the boundary.
Development of any land not shown as having a building setback on the Building Setbacks Map must be consistent, in terms of setbacks, with the existing predominant street building alignment and set any buildings back appropriately on a site-by-site basis.
In particular, buildings are not to be set at angles to the predominant street.
The objectives of the site width at the front of building requirements are:
(a) to ensure that there is sufficient flexibility for building design, and
(b) to ensure that adequate separation can be achieved between residential buildings.
The minimum site width at the front of any building exceeding 10.5 metres in height is 20 metres.
The maximum horizontal dimension of a building facade that is parallel to the street front is, at any point above 10.5 metres in height, 40 metres.
Consent must not be granted to the carrying out of any development unless the consent authority has had regard to whether the proposed development:
(a) is scaled to support the character of the locality, with appropriate massing and spaces between buildings, and, in particular, whether the bulk of the proposed development is at a scale that is compatible with its existing topographical setting, and
(b) will provide visual and acoustic privacy in residential developments, and
(c) will provide for dual aspect apartments, and
(d) will provide adequate amenity for residents in terms of sun access and natural ventilation, and
(e) will limit overshadowing of adjacent properties and private or shared open space, and
(f) will allow for the provision of open space with appropriate size and proportion for recreational activities for the occupants of the buildings, and
(g) will provide deep soil zones for stormwater management and tree planting, where contextual and site conditions allow, and
(h) will provide opportunities for a high standard of amenity in non-residential buildings, and opportunities for energy-efficient buildings, and
(i) will generally improve the internal amenity of buildings and contribute to flexibility of use.
The objectives of the building use requirements are:
(a) to encourage a variety of mixed use developments in the core centre, and
(b) to promote urbanity, lively streets and public spaces, and
(c) to increase the diversity and range of shopping and recreational activities for workers, residents and visitors, and
(d) to enhance public safety by increasing activity in the public domain on weeknights and at weekends, and
(e) to ensure that design of mixed use developments maintains residential amenity, and
(f) to reinforce Gosford City Centre by locating active commercial and retail activities within the core area, and
(g) to ensure that buildings in the Primary and Secondary Retail Cores are designed and built to facilitate a range of uses.
The ground floor fronts of buildings that have frontages to the areas identified as Primary Retail Core on the Building Uses Map are to be used for retail or for shops or other active commercial uses.
The first floor fronts of buildings that have frontages to the areas identified as Primary Retail Core on the Building Uses Map are to be used for retail or active commercial uses (or both).
The ground floor fronts of buildings that have frontages to the areas identified as Secondary Retail Core on the Building Uses Map are to be used for retail or active commercial uses (or both).
This clause applies to the lands identified as Site 1 and Site 2 on the Special Development Areas Map.
Development on Site 1 and Site 2 is required:
(a) to allow the two hills either side of Gosford to remain dominant features of the landscape, and
(b) to have low visual impact from the waterfront, and
(c) to improve pedestrian amenity along Baker Street by allowing a green landscape to flow from the waterfront, and
(d) to increase pedestrian accessibility through streets, and
(e) to re-adapt and re-use the Brisbane Water County Council Building, and
(f) to ensure an active street.
In particular:
(a) the tower buildings to be erected on Site 1 and Site 2 must be located a minimum of 100 metres apart, and
(b) each of those tower buildings:
(i) must have its narrowest edge facing the waterfront, and
(ii) must not exceed RL 53, and
(iii) must have a maximum 12 metre frontage to the south, and
(iv) must have an eco-top.
Development on Site 1 must be in accordance with the Site Plan and Reduced Level Diagram relating to Site 1 shown immediately after this subclause.
A building setback, consistent with building setback proposed for Baker Street, Georgiana Terrace and Mann Street frontages of buildings, is required in respect of each part of a building that is above 10.5 metres in height along the proposed pedestrian lane between Mann Street and Baker Street.
Development on Site 2 must be in accordance with the Site Plan and Reduced Level Diagram relating to Site 2 shown immediately after this subclause.
The aims of this plan in relation to heritage as follows:
(a) to conserve the heritage of Gosford City Centre,
(b) to integrate heritage conservation into the planning and development control processes,
(c) to provide for public involvement in heritage conservation,
(d) to ensure that any development does not adversely affect the heritage significance of heritage items,
(e) to provide greater certainty in the management of the heritage of Gosford City Centre,
(f) to encourage high quality design and the continued use or adaptive re-use of heritage items,
(g) to ensure that archaeological sites and places of aboriginal heritage significance are conserved.
The following development may be carried out only with development consent:
(a) demolishing a heritage item,
(b) moving a heritage item or part of a heritage item,
(c) altering a heritage item by making structural or non-structural changes to the exterior or interior, such as to its detail, fabric, finish or appearance,
(d) erecting a sign or advertising structure on a heritage item,
(e) erecting a building on the site of a heritage item,
(f) subdividing the site of a heritage item,
(g) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed.
However, consent under this clause is not required if the person proposing to carry out the development has notified the consent authority of the proposed development and the consent authority has advised the person in writing before any work is carried out that it is satisfied that:
(a) the proposed development:
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the proposed development is required as a matter of urgency to ensure public safety, or
(c) if the proposed development involves a heritage item listed in Category 2 in Schedule 1—the proposed development is consistent with a plan of management.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
Before granting a consent required by this Part, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.
The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan if it considers the development proposed should be assessed with regard to such a plan.
The essential issues that must be addressed by the heritage impact statement are:
(a) the heritage significance of the item as part of the environmental heritage of Gosford, and
(b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
(c) the measures proposed to conserve the heritage significance of the item and its setting, and
(d) the compatibility of any proposed development with buildings in the streetscape, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and
(e) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and
(f) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and
(g) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.
Despite clause 19, the maximum floor space ratio for a building on the site of a heritage item listed in Category 1 in Schedule 1 is the floor space ratio of the buildings on the site on the commencement of this plan, except as otherwise provided by this clause.
The consent authority (after considering the matters specified in clause 27) may consent to development that will not materially affect a heritage item listed in Category 1 in Schedule 1, but that will result in the maximum floor space ratio set by this clause for the site being exceeded, but only if:
(a) the proposed development involves mainly internal building work or minor additions, or
(b) the proposed development is on part of the site not occupied by any building of heritage significance.
The consent authority (after considering the matters specified in clause 27) may consent to development that will materially affect a heritage item listed in Category 1 in Schedule 1 and that will result in the maximum floor space ratio set by this clause for the site being exceeded.
However, subclauses (2) and (3) do not apply so as to allow consent to be granted for development of land that consists of or includes the site of a heritage item listed in Category 1 in Schedule 1 that will result in the maximum floor space ratio specified for the land in clause 19 being exceeded.
For the purposes of this clause, development on land that comprises or includes the site of a heritage item listed in Category 1 in Schedule 1
(a) it will reduce or increase the building envelope occupied by the item, or
(b) it will be carried out within the airspace above the building envelope occupied by the item, or
(c) it will involve the demolition of any heritage item listed in Category 1 in Schedule 1.
However, development does not materially affect a heritage item if, in the opinion of the consent authority, the proposed development will not adversely affect the heritage significance of the heritage item concerned.
Any development of a building that is a heritage item listed in Category 1 in Schedule 1:
(a) must retain the existing height of the building as the building height to the street frontage, and
(b) must retain the existing building setback from the street frontage.
Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage item.
This clause extends to development:
(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or
(b) that may undermine or otherwise cause physical damage to a heritage item, or
(c) that will otherwise have any adverse impact on the heritage significance of a heritage item.
The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual appearance and setting of the heritage item.
The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.
Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site or the site of a relic that has non-Aboriginal heritage significance (whether or not it is also the site of a relic of Aboriginal heritage significance), the consent authority must:
(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and
(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
This clause does not apply if the proposed development:
(a) does not involve disturbance of below ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or
(b) involves anything that is listed in the State Heritage Register under the Heritage Act 1977 or is the subject of an interim heritage order under that Act.
Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must:
(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and
(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such a way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.
(Repealed)
The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building or item is located, even though the use would otherwise not be allowed by this plan, if:
(a) it is satisfied that the retention of the heritage item depends on the granting of consent, and
(b) the proposed use is in accordance with a conservation management plan that has been endorsed by the consent authority, and
(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and
(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
Despite any other provision of this plan, a person may, without the consent of the consent authority, carry out development on public land to which this plan applies for the purpose of a market, show, circus or auction, or for a community purpose (such as an event organised by Scouts Australia, a Lions Club, a Rotary Club or a similar body), for a maximum of 24 days (whether consecutive or not) in any calendar year.
A person must not carry out development referred to in subclause (1) unless the person has given the consent authority a notice of the person’s intention to carry out the development and at least 28 days have elapsed since the notice was given. The development must not be carried out later than 12 months after the date on which the notice is given.
Any temporary use of public land must be consistent with a plan of management.
In this clause,
The objective of this clause is to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 to the Local Government Act 1993.
The public land described in Part 1 or Part 2 of Schedule 2 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 2 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
Public land described in Part 1 of Schedule 2:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
Public land described in Part 2 of Schedule 2, to the extent (if any) that it is a public reserve ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 2, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In this clause, the
Before the relevant amending plan inserted a description of land into Part 2 of Schedule 2, the Governor approved of subclause (5) applying to the land.
Development that is of minimal impact and is specified in Column 1 of Schedule 3 is
(a) it is carried out in the circumstances set out in Column 2 of that Schedule opposite the development, and
(b) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and
(c) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(d) it does not contravene any condition of a development consent applying to the land, and
(e) if the development involves the erection of a structure, the structure is constructed from new materials (unless otherwise specified in Schedule 3), and
(f) it is carried out on land identified as bushfire-prone on the Bushfire Prone Land Map.
Development listed in Column 1 of Schedule 4 is
(a) it is development (other than State significant development) of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it meets the standards specified in Column 2 of that Schedule opposite the development, and
(c) it is not an existing use, as defined in section 106 of the Act, and
(d) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(e) it does not contravene any condition of a development consent applying to the land.
Development is not complying development if it is carried out:
(a) on land that is identified as:
(i) flood liable, or
(ii) subject to high bushfire hazard,
on a map, or
(b) on land that is identified on a map as having acid sulphate soils if the development would disturb those soils, or
(c) on land that is identified in records held by the Council as being contaminated, or
(d) on land to which State Environmental Planning Policy No 19—Bushland in Urban Areas applies.
A complying development certificate issued for any such development is to be subject to the conditions for the development specified in the Gosford City Centre Development Control Plan as in force at the date the certificate is issued.
For the purpose of enabling development on land within any zone to be carried out in accordance with this plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.
Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).
The objective of this clause is to preserve the amenity of the area through the preservation of trees.
This clause applies to all the land to which this plan applies (other than land to which the Native Vegetation Act 2003 applies).
This clause applies to trees of the species, kind or size prescribed for the purposes of this clause by a development control plan applying to the land to which this clause applies.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree to which this clause applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree that the Council is satisfied is dying or dead or has become dangerous.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree:
(a) that is or forms part of a heritage item, or
(b) that is situated on land in the vicinity of a heritage item.
The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree is advertised development if:
(a) the tree is or forms part of a heritage item or is within a heritage conservation area, and
(b) in the opinion of the consent authority, the ringbarking, cutting down, topping, lopping, removal, injuring or destruction of the tree will adversely affect that heritage significance of the heritage item or heritage conservation area.
This clause does not apply to or in respect of:
(a) action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveying Act 2002, or
(b) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
Nothing in the plan prohibits, restricts or requires development consent for works undertaken by a public authority or its agent:
(a) required in connection with the Gosford Regional Sewerage Scheme, or
(b) required for drainage improvement works, water sensitive urban design improvements or water quality works, or
(c) required for the carrying out of coastal hazard protection works.
Deemed environmental planning instruments as in force immediately before the commencement of this plan continue to apply to a development application that was made before the public exhibition of the draft for this plan but had not been finally determined before the commencement of this plan.
This clause does not apply to development applications associated with Site 1 (Spurbest) or Site 2 (Leagues Club Hotel) referred to in clause 24 and shown as Site 1 and Site 2 on the Special Development Areas Map.
(Clauses 26, 28, 29, 33 and Dictionary)
In this Schedule:
Category 1 Buildings, Building Elements and Sites (shown on the Buildings, Building Elements and Sites Map)
No on Map | Heritage Inventory Study Sheet No | Address | Name | Level of Significance |
1 | R1/59 | 3 Mann Street, Gosford | The Rectory | Local |
2 | R1/171 | 3 Mann Street, Gosford | Old Christ Church Anglican Church | State |
3 | R1/53 | 23 Mann Street, Gosford | Part of Gosford South Post Office | Local |
4 | R1/56 | Cnr Georgiana Terrace and Mann Street (37 Mann Street), Gosford | Former School of Arts | Local |
5 | R2/57 | 37 Mann Street, Gosford | Creighton’s Funeral Parlour | Local |
6 | R1/51 | 121 Henry Parry Drive, Gosford | Former Gosford Public School and Residence—TAFE Building E | Local |
7 | R1/49 | Cnr Mann Street and Georgiana Terrace, Gosford | Conservatorium of Music (former Courthouse and Police Station) | Local |
8 | R2/56 | 50 Mann Street, Gosford | Former Brisbane Water County Council | Local |
9 | R1/55 | 108 Donnison Street, Gosford | Union Hotel | Local |
10 | R1/60 | 102 Erina Street East, Cnr Mann Street, Gosford | The Hotel Gosford | Local |
Category 2 Archaeological/Townscape/Landscape Items (shown on the Archaeological/Townscape/Landscape Items Map)
No on Map | Heritage Inventory Study Sheet No | Address | Name | Level of Significance |
1 | R3/14 | Along Alfred Higgs Place Dane Drive, Gosford | Avenue &Feature Trees—Grahame Park | Local |
2 | R3/15 | Gertrude Place, Cnr of Broadview Avenue, Gosford | Stone Street Wall | Local |
3 | R2/77 | Park &Memorials | Gosford City Council Memorial Park | Local |
4 | R3/17 | South end Mann Street &Vaughan Avenue, Gosford | Avenue &Feature Trees—Memorial Park | Local |
5 | R3/18 | Gertrude Place to Mann Street, Cnr of Mann Street, Gosford | Stone Street and Driveway Wall | Local |
6 | R3/34 | Carpark behind Mann Street, access off Henry Parry Drive, south of Donnison Street, Gosford | Feature Tree—Fig | Local |
7 | R2/66 | Mann Street, adjacent to the railway station, Burns Crescent, Gosford | Burns Place | Local |
8 | R3/41 | Mann Street, adjacent to the railway station, Burns Crescent, Gosford | Feature eucalypt and stands of mature trees—Burns Place | Local |
9 | SRA Register s170 | Gosford Railway Station/Showground Road, Gosford | Signal Box and Water column and tank, Large faced clock with wooden frame | State |
10 | SRA Register s170 | Gosford Railway Station | Railway Bridge/Viaduct | State |
11 | R3/ | Gosford Railway Station/Showground Road, Gosford | Railway Turntable | Local |
12 | R3/10 | Gosford City Park, opposite York Street, Gosford | War Memorial Site—Gosford Olympic Swimming pool | Local |
13 | R3/11 | Off Vaughan Ave, below Memorial Park, Gosford | The Rotary Clubs Fountain &Garden—original wharf location | Local |
14 | R1/52 | Off Dane Drive, Gosford | Site of Gosford Wharf | Local |
15 | R3/13 | Between Fagans Bay and Broadwater, Brisbane Water, Gosford | Railway Bridge | Local |
Category 3 Items/Buildings of Heritage Interest (shown on the Items/Buildings of Heritage Interest Map)
No on Map | Heritage Inventory Study Sheet No | Address | Name | Level of Significance |
1 | R3/26 | 49 Mann Street, Gosford | Gosford City Council Administration Building | Local |
2 | R3/38 | 150 Mann Street, Gosford | Gosford First National Real Estate—Building Facade | Local |
3 | R3/50 | 307 Mann Street, Cnr Beane Street | Mitre 10 | Local |
(Clause 36)
Column 1 | Column 2 |
Locality | Description |
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Column 1 | Column 2 |
Locality | Description |
(Clause 37)
Column 1 | Column 2 |
Type of development | Circumstances for exemption |
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| Subdivision for one of the following purposes only:
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(Clause 38)
Type of Development | Standards |
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(Clause 7)
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing.
(a) a kindergarten, pre-school, primary school or high school, or
(b) a tertiary institution which is constituted by or under an Act, being a university, teachers college, technical college or other tertiary college providing formal education, or
(c) an art gallery or museum that does not sell the items it displays.
(a) the horizontal cross-section area of lift shafts and vertical service ducts measured between the wall faces internal to the lift shaft or duct,
(b) any underground space permanently set aside within the building for:
(i) parking, and
(ii) the unloading or loading of vehicles, including ramps or other means of access, and
(iii) storage space that is linked to a residential dwelling by an appropriate strata plan,
(c) any space for the accommodation of mechanical or electrical plant or equipment servicing the building.
(a) a single building, building element, part of a building or groups of buildings described in Category 1 of Schedule 1, and the site on which it is or they are located, being buildings and sites shown on the Buildings, Building Elements and Sites Map, together with any structure or landscape item located on or within site concerned, or
(b) an archaeological, townscape or landscape item described in Category 2 in Schedule 1 and shown on the Archaeological/Townscape/Landscape Items Map, or
(c) an item or building described in Category 3 of Schedule 1 and shown on the Items/Buildings of Heritage Interest Map.
(a) the combined area used in the capacity of an office does not exceed 30 square metres, and
(b) the business is conducted and completed totally through electronic means, and
(c) the business does not interfere unreasonably with the amenity of adjoining properties or involve exposure to view from any place of any unsightly matter, or equipment or machinery, and
(d) the business does not involve the display of goods, whether in a window or otherwise, and
(e) the business does not require the provision of any service main of a greater capacity than that available in the locality, and
(f) the business does not generate significant additional traffic or car parking, or create or increase a condition of ribbon development on any road, adversely affecting the capacity and safety of the road, and
(g) any advertisements on the site are limited to not more than 2 commercial signs with a combined advertising area not exceeding 1 square metre and which indicate only the name and business carried on the property.
(a) the employment of persons other than those residents,
(b) prostitution,
(c) the provision of bed and breakfast accommodation,
(d) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit or oil or otherwise,
(e) the display of goods, whether in a window or otherwise,
(f) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign, not exceeding 1 metre square, exhibited on or in the curtilage of the property on which the dual occupancy dwelling, dwelling-house or dwelling is located to indicate the name and occupation of the resident),
(g) the sale or hire of items (whether goods or materials) or the exposure or display or offer for sale or hire of items, by retail or rental and the like,
(h) the generation of significant additional traffic or car parking or the creation of, or increase in, a condition of ribbon development on any road, adversely affecting the capacity and safety of the road.
(a) a nursing home, and
(b) ancillary facilities for accommodation of staff and visitors, and
(c) associated educational or research facilities.
(a) commercial purposes,
(b) retail purposes,
(c) any other purpose permissible within the relevant zone.
(a) railway, road transport, water transport, air transport, wharf, harbour or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity, telecommunications or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking is taken to include a reference to the council, county council, Government department, corporation, firm or authority carrying on the undertaking.
(a) any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the area of Gosford City Centre, not being Aboriginal habitation, which is more than 50 years old, or
(b) any deposit, object or material evidence (which may consist of human remains) relating to Aboriginal habitation of the area of Gosford City Centre whether before or after its occupation by persons of non-Aboriginal extraction.
(a) the making of structural changes to the inside or outside of the building or work, or
(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.
(a) the airspace above the surface of the road, and
(b) the soil beneath the surface of the road, and
(c) any bridge, tunnel, causeway, road ferry, ford or other works or structure forming part of the road.
(a) the sale by retail of spare parts and accessories and the installation of motor vehicle accessories for motor vehicles,
(b) the washing and greasing of motor vehicles,
(c) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),
(d) the sale or hire of motor vehicles or trailers,
(e) the sale of small consumer items.
(a) is located wholly or partially above a shop or commercial premises (or both), and
(b) forms an integrated component of the building in which the shop or commercial premises is located.
(a) the selling and fitting of accessories to, or
(b) the repair (other than body building, panel beating or spray painting) of motor vehicles.
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