Ku-ring-gai Local Environmental Plan No 194 (2004-290) [GG No 92 of 28.5.2004, p 3349] (NSW)

2004 No 290

New South Wales

Ku-ring-gai Local Environmental Plan

No 194

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S95/01707/PC)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 92 of 28 May 2004, page 3349	Page 1
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Clause 1 Ku-ring-gai Local Environmental Plan No 194

Ku-ring-gai Local Environmental Plan No 194

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Ku-ring-gai Local Environmental Plan No 194.

2      Aim of plan

This plan aims to rezone land to facilitate the development of multi-unit housing and increase housing choice.

3      Land to which plan applies

This plan applies to the land in the vicinity of the Railway/Pacific Highway corridor and the St Ives Centre, being the land shown edged heavy red on the map marked “Ku-ring-gai Local Environmental Plan No 194—Zoning Map” held at the office of Ku-ring-gai Council.

4      Relationship to other environmental planning instruments

This plan amends:

(a)	the Ku-ring-gai Planning Scheme Ordinance as set out in Schedule 1, and
(b)	State Environmental Planning Policy No 53—Metropolitan

Residential Development by inserting at the end of clause 4:

(2) However, this Policy does not apply to the land within the area of Ku-ring-gai shown edged heavy red on the map marked “Ku-ring-gai Local Environmental Plan No 194—Zoning Map” held in the office of Ku-ring-gai Council.

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5      Saving of certain development applications

State Environmental Planning Policy No 53—Metropolitan Residential Development applies to a development application made but not finally determined before the commencement of this plan as if this plan had not been made.

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Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4 (a))

[1]      Clause 4 Definitions

Insert at the end of the definition of Scheme map in clause 4 (1):

Ku-ring-gai Local Environmental Plan No 194—Zoning Map

[2]      Clause 23 Development control table

Insert after the matter relating to Zone No 2 (c) in the Table to the clause:

(c1) Residential Exempt Demolition of a building or Any

“C1”	development	work (being demolition	development
Light scarlet	referred to in	that is not exempt	other than
with dark red	clause 24 of	development).	that permitted
edging and	this Ordinance	Development (other than	by Column 2
lettered 2 (c1)	and Schedule 1	exempt development) for	or 3.
to DCP 46.	the purpose of: boarding-houses; drainage; dwelling-houses; educational establishments; family flats; home occupations; hospitals; open space; places of public worship; professional consulting rooms; roads; utility installations (other than generating works or gas holders). Subdivision of land.

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(c2) Residential Exempt Demolition of a building or Any

“C2”	development	work (being demolition	development
Light scarlet	referred to in	that is not exempt	other than
with dark red	clause 24 of	development).	that permitted
edging and	this Ordinance	Development (other than	by Column 2
lettered 2 (c2)	and Schedule 1	exempt development) for	or 3.
to DCP 46.	the purpose of: apartment conversions; attached dual occupancies; boarding-houses; detached dual occupancies; drainage; dwelling-houses; educational establishments; family flats; home occupations; hospitals; open space; places of public worship; professional consulting rooms; roads; utility installations (other than generating works or gas holders). Subdivision of land.

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[3]      Clause 23, Table

Insert after the matter relating to Zone No 2 (d):

(d3) Residential Exempt Demolition of a building or Any

“D3”	development	work (being demolition	development
Light scarlet	referred to in	that is not exempt	other than
with dark red	clause 24 of	development).	that permitted
edging and	this Ordinance	Development (other than	by Column 2
lettered 2 (d3)	and Schedule 1	exempt development) for	or 3.
to DCP 46.	the purpose of: attached dual occupancies; boarding-houses; detached dual occupancies; drainage; dwelling-houses; educational establishments; family flats; home occupations; hospitals; open space; places of public worship; professional consulting rooms; residential flat buildings; roads; townhouses; utility installations (other than generating works or gas holders); villas. Subdivision of land.

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[4]      Part 3A

Insert after clause 25:

Part 3A Rail Corridor and St Ives Centre

Division 1 Land to which Part 3A applies

25A Land to which this Part applies

This Part applies to the land in the vicinity of the North Shore Railway/Pacific Highway corridor and the St Ives Centre, as shown edged heavy red on the map marked “Ku-ring-gai Local Environmental Plan No 194—Zoning Map” held in the office of the Council.

Division 2	Definitions of terms used in Part 3A
25B Definitions

In this Part and the matter relating to Zones Nos 2 (c1), 2 (c2) and 2 (d3) in the Table to clause 23:

access handle means a strip of land that provides access from an allotment to a street or other public land, whether or not the strip forms part of the allotment.

apartment conversion means the creation of a residential flat building containing not more than 4 dwellings within an existing dwelling-house, where the residential flat building maintains the appearance of a single house in a garden setting that is common to all dwellings in the building.

attached dual occupancy means dual occupancy where the

two dwellings are within one building.

attached small dwelling means a dwelling that:

(a)	is attached to another larger dwelling as a result of its being added to, or being constructed wholly or partly within the built form of, an existing dwelling-house, and
(b)	has a total floor space area of not more than 50 square metres, and
(c)	together with the other dwelling, maintain the appearance of a single dwelling-house, and

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(d) does not have a separate land title.

building footprint means the total maximum extent of the two dimensional area of the plan view of a building including all levels, but excluding any part of the building below ground and minor ancillary structures such as barbeques, letterboxes and pergolas.

built upon area means the area of a site containing any built structure (whether covered or uncovered), any building, carport, terrace, pergola, hardsurface recreation area, swimming pool, tennis court, driveway, parking area or any like structure, but excluding minor landscape features.

Note. Any underground structure such as an on-site detention system or tank is not exempt from the built upon area calculation. Underground tanks should not be provided within areas suitable for landscaping and are encouraged to be provided, for example, under a driveway or car park, being an area which would normally be included as part of the built upon area.

deep soil landscaping means a part of a site area that:

(a)	is not occupied by any structure whatsoever, whether below or above the surface of the ground (except for paths up to 1metre wide), and
(b)	is not used for car parking.

Detached Dual Occupancies Map means the map marked “Ku-ring-gai Local Environmental Plan No 194—Detached Dual Occupancies Map” held in the office of the Council.

detached dual occupancy means two detached dwelling- houses on one allotment. Two dwellings connected by means only of a carport, breezeway, trellis or the like are taken to be detached dwelling-houses for the purposes of this definition.

dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.

Dwelling-house Subdivisions Map means the map marked “Ku-ring-gai Local Environmental Plan No 194—Dwelling- house Subdivisions Map” held in the office of the Council.

ecologically sustainable development has the same meaning as in the Local Government Act 1993 and includes the following:

(a) conservation of natural resources,

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(b)	optimisation of the use of natural features,
(c)	optimisation of energy efficiency,
(d)	maintenance or improvement of air, water and soil quality,
(e)	reduction of car dependence, and
(f)	waste avoidance and minimisation, and cleaner production.

family flats means two dwellings on one site where one

dwelling is an attached small dwelling.

floor space ratio of a building means the ratio of the gross

floor area of the building to the site area.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the inner faces of the external enclosing walls, as measured at a height of 1,400 millimetres above each floor level, but excluding:

(a)	columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external walls, and
(b)	lift towers, cooling towers, machinery and plant rooms, and air conditioning and ventilation ducts, and
(c)	ancillary car parking and any associated internal designated vehicular and pedestrian access thereto, and
(d)	space for loading and unloading of goods, and
(e)	internal public areas, such as arcades, atria and thoroughfares, terraces and balconies with outer walls less than 1,400 millimetres high.

ground level means the natural level of the ground before the

erection of any building or the carrying out of any work.

manageable housing means housing in accordance with Class C—Adaptable Housing Features as set out in Australian Standard AS 4299—1995—Adaptable housing and must contain a bedroom, kitchen, dining area and bathroom on the ground floor or, where not on the ground floor, on a level to which lift access is provided.

multi-unit housing means three or more dwellings on one

allotment, whether attached or not.

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perimeter ceiling height means the vertical distance measured between ground level at any point and the topmost point of any ceiling where it meets, or where a horizontal projection of the ceiling would meet, any external or enclosing wall of the building.

residential flat building means a building containing three or

more dwellings.

site area, in relation to proposed development, means the areas of land to which an application for consent to carry out the development relates, excluding the area of any access handle.

site coverage means the proportion of the building footprint to

the site area, expressed as a percentage.

site slope means the proportion, expressed as a percentage, of the vertical difference in levels between the highest and lowest points of the ground level at the outer edge of the building footprint of proposed development to the horizontal distance between those same two points.

townhouse means a dwelling included in multi-unit housing, being a dwelling that has a separate entrance door accessible from an outside area and a private courtyard area at a level the same as, or similar to, the floor level of the dwelling.

villa means a townhouse which has only one storey.

Division 3 Aims and objectives

25C	Aims and objectives of Part 3A
(1) The aims of this Part are as follows:

(a)	to encourage the protection and enhancement of the environmental and heritage qualities of Ku-ring-gai,
(b)	to encourage orderly development of land and resources in Ku-ring-gai,
(c)	to encourage environmental, economic, social and physical well-being so that Ku-ring-gai continues to be an enjoyable place to live in harmony with the environment.

(2)	The objectives of this Part are as follows:
(a) to provide increased housing choice,

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(b)	to encourage the protection of the natural environment of Ku-ring-gai, including biodiversity, the general tree canopy, natural watercourses, natural soil profiles, groundwater and topography and to reduce and mitigate adverse impacts of development on natural areas,
(c)	to achieve high quality urban design and architectural design,
(d)	to achieve development of Ku-ring-gai with regard to the principles of ecologically sustainable development,
(e)	to ensure that development for the purpose of residential flat buildings on land within Zone No 2 (d3) has regard to its impact on any heritage items in the vicinity of that development,
(f)	to encourage use of public transport, walking and cycling,
(g)	to achieve a high level of residential amenity in building design for the occupants of buildings through sun access, acoustic control, privacy protection, natural ventilation, passive security design, outdoor living, landscape design, indoor amenity and storage provision.

25D

Consideration of residential zone objectives and impact on

heritage

(1) Heads of consideration for consent authority

Consent must not be granted to any development of land to which this Part applies unless the consent authority has had regard to:

(a)	the objectives for residential zones set out in this clause, and
(b)	if the application is for consent for a residential flat building in Zone No 2 (d3), a statement describing the extent, if any, to which carrying out the proposed development would affect the heritage significance of any heritage item in the vicinity of the subject land.

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(2)

Objectives for residential zones

The objectives for residential zones are as follows:

(a)	to provide rear setbacks that ensure rear gardens are adjacent to rear gardens of other properties and that sufficient ground area is available for tall tree planting, consistent with the objectives of this Part,
(b)	to encourage the protection of existing trees within setback areas and to encourage the provision of sufficient viable deep soil landscaping and tall trees in rear and front gardens where new development is carried out,
(c)	to provide side setbacks that enable effective landscaping, tree planting between buildings, separation of buildings for privacy and views from the street to rear landscaping,
(d)	to minimise adverse impacts of car parking on landscape character,
(e)	to provide built upon area controls to protect the tree canopy of Ku-ring-gai, and to ensure particularly the provision of viable deep soil landscaping in order to maintain and improve the tree canopy in a sustainable way, so the tree canopy will be in scale with the built form,
(f)	to encourage the planting of tree species that are endemic to Ku-ring-gai,
(g)	to require on-site detention for stormwater for all new development and refurbishment of existing housing so as to avoid excessive run-off and adverse impacts on natural watercourses, and to preserve the long-term health of tall trees and promote natural absorption,
(h)	to encourage water sensitive urban design,
(i)	to encourage the protection and enhancement of open watercourses,
(j)	to have regard for bushfire hazard,
(k)	to ensure sunlight access to neighbours and to provide sunlight access to occupants of new buildings,
(l)	to encourage safety and security of the public domain by facing windows and building entries to the street,

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where appropriate, and windows to open spaces in

order to maximise casual surveillance opportunities,

(m)	to encourage safety and security of private development by requiring a high standard of building design and landscape design,
(n)	to encourage the provision of housing for seniors and people with disabilities by prescribing appropriate standards for new development,
(o)	to encourage the protection of the environmental qualities of the area by limiting the range of permissible residential uses and to allow a limited range of compatible non-residential uses in certain zones,
(p)	to allow attached dual occupancies only on compliance with defined criteria and only where they are consistent with or enhance the character of the streetscape and its setting,
(q)	to provide for waste management (including provision for garbage storage and collection) consistent with the objectives of this Part,
(r)	to ensure that adequate provision of storage is made for residential development,
(s)	to encourage the retention and expansion of bicycle infrastructure.

Division 4 Controls on development

25E

Dual occupancies and multi-unit housing on land to which this

Part applies

(1)	Consent may be granted to development for the purpose of an attached dual occupancy, a detached dual occupancy, a residential flat building, three or more townhouses or villas or any other form of multi-unit housing on land to which this Part applies only if the land has an area of at least 1,200 square metres.
(2)	In addition, consent may be granted to development for the purpose of a detached dual occupancy only on land shown coloured yellow on the Detached Dual Occupancies Map.

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25F	Dual occupancies in Zone No 2 (c2)
(1) The objectives of this clause are as follows:

(a)	to give effect to the objectives for residential zones, while permitting detached and attached dual occupancy in limited circumstances,
(b)	to nominate locations for detached dual occupancy,
(c)	to ensure new attached dual occupancy has the appearance of a single dwelling in a single garden.

(2)

Consent may be granted to development for the purpose of a detached dual occupancy in Zone No 2 (c2) only if the total floor space ratio after the development has been carried out will be not greater than 0.4:1.

(3)

Consent may be granted to development for the purpose of an

attached dual occupancy in Zone No 2 (c2), but only if:

(a)	the site was occupied by a single dwelling-house on 28 March 2000 and when the development application is made, and
(b)	the attached dual occupancy will be achieved by carrying out alterations or additions, or both, to the existing dwelling-house, and
(c)	no more than 15% of the existing total floor space area of the existing dwelling-house will be demolished and the proposed development will result in not more than a 15% increase in the total floor space area over that of the existing dwelling-house as at 28 March 2000.

25G	Apartment conversions in Zone No 2 (c2)
(1) The objectives of this clause are:

(a)	to encourage the retention of high quality large residential dwellings along the Pacific Highway, and
(b)	to maintain the appearance of such dwellings as single houses set in landscaped grounds.

(2)

Consent may be granted to apartment conversions in Zone

No 2 (c2) only if:

(a)	the site has a frontage to the Pacific Highway, and
(b)	the site area is not less than 1,500 square metres, and

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(c)	the site was occupied by a single dwelling-house on 28 March 2000 and when the development application is made (except where an apartment conversion has already been carried out on the site pursuant to this clause), and
(d)	no more than 15% of the existing total floor space area of the existing dwelling-house will be demolished and the proposed development will result in not more than a 15% increase in the total floor space area over that of the existing dwelling-house as at 28 March 2000, and
(e)	the built upon area is not increased by more than 10% of that which exists or to more than 40% of the site area, whichever is the lesser, and
(f)	on-site car parking can be provided in accordance with other requirements for development within Zone No 2 (c2) (being requirements relating to landscaped area, setbacks and protection of trees).

(3) Strata subdivision of a lot containing a residential flat building that has been created pursuant to this clause may be carried out, but only with development consent.

25H	Subdivision in the residential zones
(1) The objectives of this clause are as follows:

(a)	to set minimum lot areas that reflect previous minimum lot sizes,
(b)	to set minimum lot areas and minimum street frontage lot widths that provide for development to occur in a garden setting by substantial setbacks to enable long- term sustainability of trees,
(c)	to permit the subdivision of multi-unit housing,
(d)	to provide for substantial common landscaped area to encourage good streetscape quality and areas for trees for each development.

(2)

Land to which this Part applies may be subdivided, but only

with development consent.

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(3)

If land to which this Part applies is subdivided:

(a)	lots created for the purpose of dwelling-houses are to each have at least the area specified as the “Minimum Lot Sizes” for the relevant land on the Dwelling-house Subdivisions Map, and
(b)	the only land on which a detached dual occupancy is situated that may be subdivided to create separate titles for the two dwellings comprising the detached dual occupancy is shown coloured yellow on the Detached Dual Occupancies Map, and
(c)	each of the allotments occupied by a dwelling that formed part of a detached dual occupancy is to have a site area of at least 550 square metres.

(4)

Where development listed in Column 1 of the Table to this subclause is permissible in a zone, a subdivision of land (excluding strata subdivision or a neighbourhood subdivision) to create a lot to be used for that development must not result in an allotment with a street frontage less than the minimum street frontage specified for the development in Column 2 of that Table:

Table

Minimum street frontages

Column 1	Column 2
Development for the	Minimum street frontage
purpose of:	width
Dwelling-houses	18 metres
Detached dual occupancy	18 metres
Attached dual occupancy	Not applicable
Residential flat buildings,	23 metres

townhouses and villas

(5)

Without limiting the other provisions of this clause, consent may be given to subdivision of, or to create, battle-axe allotments.

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Division 5 Further controls

25I

Site requirements and development standards for multi-unit

housing

(1) Heads of consideration for consent authority

Before granting consent to development for the purpose of multi-unit housing on land to which this Part applies, the consent authority must take into account the following:

(a)	the desirability to provide a high proportion of deep soil landscape to the site area,
(b)	the impact of any overshadowing, and any loss of privacy and loss of outlook, likely to be caused by the proposed development,
(c)	the desirability to achieve an appropriate separation between buildings and site boundaries and landscaped corridors along rear fence lines,
(d)	the environmental features that are characteristic of the zone in which the site is situated by requiring sufficient space on-site for effective landscaping,
(e)	the desirability of adequate landscaping so that the built form does not dominate the landscape,
(f)	how the principles of water cycle management can be applied to limit the impacts of runoff and stormwater flows off site.

(2)

Minimum standards for deep soil landscaping

The following standards relating to deep soil landscaping apply to multi-unit housing:

(a)	deep soil landscaping with a minimum width of 2 metres is to be provided on the site area,
(b)	a site with an area of less than 1,800 square metres is to have deep soil landscaping for at least 40% of the site area,
(c)	a site with an area of 1,800 square metres or more is to have deep soil landscaping for at least 50% of the site area.

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(3)

Minimum street frontages

The standards for street frontages set out in the Table to this subclause apply to a site used for the purpose of multi-unit housing:

Table

Minimum street frontages

Site area	Minimum street frontage
1,800 square metres or more	30 metres
1,200 square metres or more but	23 metres

less than 1,800 square metres

(4)

Multi-unit housing on smaller sites

Despite clause 25E, multi-unit housing may be carried out within Zone No 2 (d3) on a site that has a site area of less than 1,200 square metres, or a street frontage of less than 23 metres, if the proposed development complies with all other requirements of this Ordinance.

(5)

Maximum number of storeys

Buildings on land to which this Part applies are not to have more storeys than allowed by the Table to this subclause.

Table

Maximum number of storeys

Site area

Maximum number of

storeys

Less than 1,800m2	3
1,800m2 or more but less than 2,400m2	4
2,400m2 or more	5

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(6)

Maximum site coverage

Buildings of a kind described below are not to occupy a greater percentage of the site area than is specified below for the kind of buildings. If a site is comprised of land in Zone No 2 (d3) and other land, the other land is not to be included in calculating site area.

Residential flat buildings—35%,

Townhouses—40%,

Villas—50%,

Combination of townhouses and villas—50%.

(7)

Limit on floor area of top storey

In Zone No 2 (d3), where the maximum number of storeys permitted is attained, then the floor area of the top storey of a residential flat building of 3 storeys or more is not to exceed 60% of the total floor area of the storey immediately below it.

(8)

Maximum number of storeys and ceiling height

Subject to subclause (5) and clause 25K, buildings on land to which this Part applies are not to have:

(a)	more storeys than the maximum number of storeys specified in Column 2 of the Table to this subclause, or
(b)	given the number of storeys in the building, a perimeter ceiling height greater than that specified in Column 3 of that Table.

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Table

Maximum number of storeys and ceiling height

Column 1

Column 2

Column 3

Zone

Maximum

Calculation of maximum

number of

perimeter ceiling height

storeys

Number of

Number of Maximum

storeys in a

storeys in perimeter

building (not

building (not ceiling height

including top

including top of building

storey with

storey with (not including

floor area

floor area top storey with

reduced

reduced floor area

because of

because of reduced

subclause (7)

subclause (7) because of

or attics,

or attics, subclause (7)

where

where or attics,

applicable)

applicable)

where

applicable)

2 (c1) and

2

1 4.5 metres

2 (c2)

2 7.2 metres

2 (d3)

4

1	4.5 metres
2	7.2 metres
3	10.3 metres
4	13.4 metres

(9) Any storey which is used exclusively for car parking, storage or plant, or a combination of them, in accordance with the requirements of this Ordinance and no part of which (including any wall or ceiling which encloses or defines the storey) is more than 1.2 metres above ground level, is not to be counted as a storey for the purposes of the Table to subclause (8).

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(10)

Excavation near Epping–Chatswood Rail Tunnel

Before consent is granted for any substantial excavation of a site to accommodate basement levels in proximity to the Epping–Chatswood Rail Tunnel, the consent authority must consider an assessment of the likely effect of the excavation, and of the rail tunnel and its use, on:

(a)	the proposed excavation, and
(b)	the likely subsequent use of the land on which the excavation is proposed.

25J	Car parking
(1) Before granting consent to residential development on land to which this Part applies, the consent authority must take into account the following:

(a)	the proximity of multi-unit housing zones to rail station centres and major bus routes along Mona Vale Road serving the St Ives Centre,
(b)	the desirability of encouraging use of public transport,
(c)	that the impact of car parking on the natural ground area of multi-unit housing lots should be minimised and the need to provide sufficient deep soil landscaping for trees and their long-term sustainability,
(d)	that the visual impact of car parking both from the street and from other land (private or public) should be minimised.

(2)

Consent must not be granted to development that will result in

more than one dwelling on a site unless:

(a)	at least one car space is provided per dwelling and, if the site is not within 400 metres of a pedestrian entry to a railway station, one additional car space is provided for each dwelling with 3 or more bedrooms, and
(b)	at least one additional visitor car space is provided for every 4 dwellings, or part thereof, that will be on the site.

(3)

All car parking provided must not be open air car parking unless it is for visitors, in which case it must be constructed with water-permeable paving unless the paving is directly above part of the basement.

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25K Steep slope sites

Consent may be granted to a building on a site with a site slope greater than 15% that would:

(a)	exceed the number of storeys controls in clause 25I (8) by only one storey for up to 25% of the building footprint, or
(b)	exceed the height controls in clause 25I (8), but only by up to 3 metres for up to 25% of the building footprint, or
(c)	take advantage of the concessions conferred by both paragraphs (a) and (b), but only for up to the same 25% of the building footprint.

25L

Zone interface

(1)

The objective of this clause is to provide a transition in the

scale of buildings between certain zones.

(2)

The third and fourth storey of any building on land within Zone No 2 (d3) must be set back at least 9 metres from any boundary of the site of the building with land (other than a road) that is not within Zone No 2 (d3).

(3) Landscaping required to screen development from any adjoining property must be provided on the site and must not rely on landscaping on the adjoining property.

25M

Non-discretionary development standards for residential flat

buildings in Zone No 2 (d3)

Pursuant to section 79C (6) (b) of the Act, the development standards for number of storeys, site coverage, landscaping and building set back that are set by this Part are identified as non-discretionary development standards for development for the purpose of a residential flat building on land within Zone No 2 (d3).

25N	Manageable housing
(1) Objectives

The objectives of this clause are:

(a)	to increase the housing choice for seniors and people with disabilities, and
(b)	to encourage ageing in place.

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(2)

Requirement for manageable housing

Consent must not be granted to development for the purpose of multi-unit housing in Zone No 2 (d3) unless:

(a)	at least one dwelling comprises manageable housing for each 10 dwellings (or part thereof) comprising the multi-unit housing, and
(b)	wheelchair access is provided to all dwellings comprising the manageable housing.

(3)

Requirement for lifts

A lift must be provided in all multi-unit housing of more than

3 habitable storeys in Zone No 2 (d3).

BY AUTHORITY