Height of Buildings (Amendment) Act 1957 (NSW)

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HEIGHT OF BUILDINGS (AMENDMENT) ACT.
Act No. 12 ,1957.

An Act to make further provisions as to the height of buildings; to constitute a Height of Buildings Advisory Committee; for these and other purposes to amend the Height of Buildings Act, 1912-1952; and for purposes connected therewith. [Assented to, 8th April, 1957.]

lative Council and Legislative Assembly of New South BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis

Wales in Parliament assembled, and by the authority of the same, as follows :—

1. (1) This Act may be cited as the " Height of Build ings (Amendment) Act, 1957".

(2) The Height of Buildings (Metropolitan Police District) Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Height of Buildings Act, 1912-1957.

2. The Height of Buildings Act, 1912-1952, is amended—

(a) by omitting section two and by inserting in lieu thereof the following section:—
2. (1) In this Act unless inconsistent with the context or subject matter—

"Bui ld ing" includes par t of a building.

"Commit tee" means the Height of Build

ings Advisory Committee appointed

under this Act.

" P a n e l " means the Height of Buildings

Advisory Panel appointed under this

Act. (2)

(2) In this Act "height"—

(a) in relation to a building which has a frontage to a public road means the measurement taken from the mean level of the frontage at the street alignment immediately in front of the face of the building to the top of the highest por tion of the building which is intended to be occupied or used or which is occupied or used by any person for any purpose;
(b) in relation to a building the fronts of which abut the street alignments of two parallel public roads or two public roads which although not parallel fol low generally the same direction and the distance between such roads at the street alignments immediately in front of the faces of the building measured between the closest points is more than eighty feet means—
(i) in respect of any part of the building which extends from the front thereof at the lower of such public roads to a line drawn across the building at a point not less than half the distance between such public roads measured between the closest points the measure

ment taken from the mean
level of the frontage at the street alignment of the public road which is the lower immediately in front of the face of the building to the top of the highest portion of the aforesaid par t of the building which is intended to be occu pied or used or which is occupied or used by any per son for any purpose;

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(ii)
(ii) in respect of the part of such building other than that to which subparagraph (i) of this paragraph applies the measurement taken from the mean level of the frontage at the street alignment of the public road which is the higher immediately in front of the face of the building to the top of the highest portion of the building which is in tended to be occupied or used or which is occupied or used by any person for any pur pose;

(c)

in relation to a building the fronts of which abut the .street alignments of two parallel public roads or two public roads which although not parallel fol low generally the same direction and the distance between such roads at the street alignments immediately in front of the faces of the building measured between the closest points is not more than eighty feet means the measure ment taken from the mean level of the frontage at the street alignment of the public road which is the higher immediately in front of the face of the

building to the top of the highest por
tion of the building which is intended to be occupied or used or which is occupied or used by any person for any purpose;

(d)

in relation to a building which has no frontage to a public road means the measurement from the mean level before excavation of the ground upon which the building is erected to the top of the highest portion of the building

which

which is intended to he occupied or used or which is occupied or used by any person for any purpose;

(e) in relation to a building in respect of which the height cannot be determined in accordance with any of the fore- going provisions of this subsection means the height as determined in accordance with such method as the Minister on the recommendation of the Committee prescribes.
In this subsection "public road" means a road, street or other public thoroughfare not less than twenty-one feet in width.
The following classes of structure shall not, if constructed in conformity with a design approved by the Minister be taken into account in determining the height of any building:—

(a) water tanks or reservoirs or air condi tioning, ventilating, lift or elevator machinery or other machinery whatso ever upon the top of such building and any structures enclosing such tanks, reservoirs or machinery;
(b) wireless towers upon the top of a

building occupied only during reason
able periods for maintenance purposes and not used for advertising signs of any description.

(b) (i) by inserting at the end of paragraph (b) of subsection one of section four the words "unless the skyline and the plans of such building have been approved by the Minister upon the recommendation of the Committee";

(ii)
(ii) by inserting at the end of paragraph (b) of subsection two of the same section the words "unless the skyline and the plans of such building as so rebuilt, reconstructed or increased have been approved by the Minister upon the recommendation of the Committee";
(iii) by inserting at the end of subsection four of the same section the following para graph :—
Such conditions shall in the case of a building erected of, or rebuilt, recon structed or increased to a greater height than one hundred and fifty feet include conditions—

(a)

specifying the ratio which the total floor space of the building shall bear to the area of the site of the building to the intent that the number of persons to be accom modated shall not exceed the number which would have been accommodated had the building been erected in all parts to a height of one hundred and fifty feet;

(b)

specifying the area of the site of the building and the location thereof to be set aside for the loading or unloading of goods.

(c) by inserting next after section 4A the following new sections:—
4B. (1) There shall be a Height of Buildings Advisory Committee which shall consist of eleven members appointed by the Governor.
(2) Of the members so appointed—

(a)

one shall be appointed upon the nomi nation of the Minister and shall be an officer of the Chief Secretary's Depart ment ;

(b)

(b)

one shall be appointed upon the nomi nation of the Secretary for Public Works and shall be an architect of the Public Works Department;

(c)

one shall be appointed upon the nomi nation of the Minister for Local Gov ernment and shall be an officer of the Department of Local Government;

(d)

one shall be appointed upon the nomi nation of the Minister and shall be a person who is an expert on traffic mat ters ;

(e)

one shall be the City Building Surveyor of the City of Sydney or the person for the time being acting in that position;

(f)

one shall be the Director of Civil De fence or the person for the time being acting in that position;

(g)

one shall be appointed upon the nomi nation of the Board of Fire Commis sioners of New South Wales;
(h) one shall be appointed upon the nomi

nation of the Local Government
Association of New South Wales;
(i) one shall be appointed upon the nomi nation of the New South Wales Chapter of the Royal Australian Institute of

Architects;
(j) one shall be appointed upon the nomi nation of the Institution of Engineers,, Australia (Sydney Division);
(k) one shall be appointed upon the nomi nation of the Australian Planning In stitute (Sydney Division).
(3) The provisions of the Public Service Act, 1902, or of any Act amending that Act, shall not apply to or in respect of the appoint ment of a member of the Committee and a
member

member shall mot, in his capacity as such mem ber, be -subject to the provisions of the Public Service Act, '1902, or any Act amending that Act.
(4) (a) Each member of the Committee shall, subject to this section, hold office for a term of five years and shall, if otherwise quali fied, be eligible for reappointment upon the expiration of his term of office: Provided that a person appointed to fill the vacant office of a member shall hold office only for the residue of his predecessor's term of office, but shall if otherwise qualified be eligible for reappoint ment.

(b) A member shall be deemed to

have vacated his office if he—

(i) dies;
(ii) resigns his office in writing under his hand addressed to the Governor;
(iii)" being one of the members referred to in subparagraphs (a) to (f) inclusive of subsection two of this section, ceases to hold the qualification by virtue of which he was appointed; or

(iv) is removed from office by the Governor. (c) The Governor may, for any cause which appears to him sufficient, remove any member from office.
(5) The person referred to in paragraph (a) of subsection two of this section shall be chairman of the Committee.
(6) The Committee shall annually elect one of its members to be deputy chairman.

(7)

(7) The procedure for the calling of meetings of the Committee and for the conduct of business at such meetings shall, subject to any regulations in relation thereto, be as deter mined by the Committee.
(8) At any meeting of the Committee five members shall form a quorum and any meeting at which a quorum is present shall have all the powers, authorities, duties and functions con ferred or imposed upon the Committee.
(9) (a) At any meeting of the Commit tee the chairman, or in his absence the deputy chairman, shall preside.
(b) If the chairman and deputy chairman are both absent from any meeting the members present may elect one of their number to preside at the meeting; and the member so elected while so presiding shall have the powers, authorities, duties and functions of the chair man.
( 1 0 ) (a) At any meeting of the Com

mittee the decision of a majority of the members present shall be the decision of the Committee.
(b) The chairman or deputy chair man or member presiding shall have a deli berative vote and, where the members present at any meeting are equally divided in opinion upon any matter, shall have a second or casting

vote.
( 1 1 ) No act or proceeding of the Com
mittee shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or com menced, there was a vacancy in the offices of members.

( 1 2 ) Each member of the Committee shall

be entitled to receive such fees and travelling expenses as may from time to time be fixed by the Governor.
4c.

4c. The Committee shall—

(a) examine and report upon all applica tions for approvals under this Act to
erect a building of a greater height than one hundred and fifty feet or to
rebuild, reconstruct or increase a building to a greater height than one
hundred and fifty feet and- make recom
mendations to the Minister as to whether or not such approvals should
be given.
In its examination of such applica tions the Committee shall have regard to the following matters:—
(i)  the proposed use and occu
pancy of the building;
(ii)   the total floor plan area of the

building in relation to the area
of the site of the building;
(iii)  the number of persons likely
to occupy the building;
(iv)   the adequacy of natural light
and air to the building;

(v) the adequacy of natural light
and air to adjoining sites and adjacent public roads or other thoroughfares;
(vi) the traffic likely to be gene
rated by the use and occupancy
of the building;
(vii) the provision for the loading
and unloading of goods in or
from the building;

(viii)

(viii)  the provision of off-street car parking facilities in the build ing;
(ix)   the .area of the site of the building- a t street level avail able for pedestrian movement;
(x)   the likely fire hazards and pro visions for detecting and fight ing fires in connection with the building;

(xi) the appearance of the build
ing;
(xii) any other matters of public safety and convenience relat ing to ,or associated with the building;
(xiii) any matters relating to the building or the site of the building specially submitted by the council of the area in which the building is located;

(b)

report on any matter affecting the administration of this Act or the regu lations thereunder which may be re ferred to it by the Minister.

4D. (1) A member of the Committee shall be disqualified from acting and shall not act as a member on any matter before the Committee relating to any building in respect of which he is in any manner directly or indirectly interested or associated as an architect or engineer.
(2) Where a member is disqualified under this section his place on the Committee when such matter is being dealt with by the Committee shall be taken by a deputy or tem porary member of the same profession or calling
as

as the member so disqualified to be selected by the Minister from the members of the panel hereinafter constituted.
A deputy or temporary member when taking the place of a member as aforesaid shall be deemed to be a member of the Committee.
4E. ( 1 ) There shall be a Height of Buildings Advisory Panel which shall consist of six mem bers appointed by the Minister.
( 2 ) Of the members so appointed—

(a)

two shall be appointed upon the nomi nation of the New South Wales Chapter of the Royal Australian Institute of Architects;

(b)

two shall be appointed upon the nomi nation of the Institution of Engineers, Australia (Sydney Division);

(c)

two shall be appointed upon the nomi nation of the Australian Planning Institute (Sydney Division).

(d) by inserting at the end of subsection one of

section six the following new paragraphs:—

(d)

prescribing the procedure for the call ing of meetings of the Committee and the conduct of the business at such meetings;

(e)

prescribing the information or particu lars to be sent to the Committee in con nection with applications in respect of which the Committee is to make examinations, reports and recommend ations.

SUPREME

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Height of Buildings (Amendment) Act 1957 (NSW)

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lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the " Height of Build ings (Amendment) Act, 1957".
(2) The Height of Buildings (Metropolitan Police District) Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Height of Buildings Act, 1912-1957.
2. The Height of Buildings Act, 1912-1952, is amended—

(a)	in relation to a building which has a frontage to a public road means the measurement taken from the mean level of the frontage at the street alignment immediately in front of the face of the building to the top of the highest por tion of the building which is intended to be occupied or used or which is occupied or used by any person for any purpose;
(b)	in relation to a building the fronts of which abut the street alignments of two parallel public roads or two public roads which although not parallel fol low generally the same direction and the distance between such roads at the street alignments immediately in front of the faces of the building measured between the closest points is more than eighty feet means—

(a)	specifying the ratio which the total floor space of the building shall bear to the area of the site of the building to the intent that the number of persons to be accom modated shall not exceed the number which would have been accommodated had the building been erected in all parts to a height of one hundred and fifty feet;
(b)	specifying the area of the site of the building and the location thereof to be set aside for the loading or unloading of goods.

(v)	the adequacy of natural light
and air to adjoining sites and adjacent public roads or other thoroughfares;
(vi)	the traffic likely to be gene
rated by the use and occupancy of the building;
(vii)	the provision for the loading
and unloading of goods in or from the building;

(b)	report on any matter affecting the administration of this Act or the regu lations thereunder which may be re ferred to it by the Minister.
4D. (1) A member of the Committee shall be disqualified from acting and shall not act as a member on any matter before the Committee relating to any building in respect of which he is in any manner directly or indirectly interested or associated as an architect or engineer.

(a)	two shall be appointed upon the nomi nation of the New South Wales Chapter of the Royal Australian Institute of Architects;
(b)	two shall be appointed upon the nomi nation of the Institution of Engineers, Australia (Sydney Division);
(c)	two shall be appointed upon the nomi nation of the Australian Planning Institute (Sydney Division).

(d)	by inserting at the end of subsection one of
section six the following new paragraphs:—

(d)	prescribing the procedure for the call ing of meetings of the Committee and the conduct of the business at such meetings;
(e)	prescribing the information or particu lars to be sent to the Committee in con nection with applications in respect of which the Committee is to make examinations, reports and recommend ations.