Sydney Local Environmental Plan 2005 (NSW)
This plan is Sydney Local Environmental Plan 2005.
Chapter 1 of this plan applies to all of the land to which this plan applies, being the land shown edged heavy red on the Plan Coverage Map.
Chapter 2 of this plan applies to Central Sydney.
Chapter 3 of this plan applies to Ultimo-Pyrmont.
Except as provided otherwise by the Act, the consent authority for development applications relating to land to which this plan applies is—
(a) the Council, or
(b) if the development concerned is major development within the meaning of Part 4 of the City of Sydney Act 1988—the Central Sydney Planning Committee.
The Minister is the consent authority for any development requiring consent under Part 4 of the Act that, in the opinion of the Minister, is of a kind described in Schedule 6 to State Environmental Planning Policy (Major Projects) 2005. The approval of the Minister may also be required for the carrying out of development referred to in Part 3A of the Act (Major infrastructure and other projects).
The consent authority, in considering any proposed development, must have regard to the relevant aims, strategies and principles contained in this plan and may have regard to any published planning and design provisions and policies adopted by the Central Sydney Planning Committee or the Council.
The Council is to review this plan on a 5 yearly basis after the commencement of this plan.
This clause does not affect the requirement for the Council to keep this plan under regular and periodic review imposed by section 73 of the Act.
Expressions used in this plan that are defined in the Dictionary at the end of this plan have the meanings given them by the Dictionary.
Explanatory notes in the text and notes on maps and diagrams do not form part of this plan.
This plan adopts the Environmental Planning and Assessment Model Provisions 1980, except for Part 2 (Definitions), clause 15 (Conversion of buildings), clause 16 (Residential flat buildings—parking) and clause 17 (Residential flat buildings—setbacks) of those provisions.
See clause 289 (2) of the Environmental Planning and Assessment Regulation 2000 which provides for the adoption of the Model Provisions by environmental planning instruments despite the repeal of section 33 of the Act.
On the commencement of this plan, any order that was in force immediately before that commencement after having been made under clause 8 (Preservation of trees) of the Environmental Planning and Assessment Model Provisions 1980, as adopted by Central Sydney Local Environmental Plan 1996, is taken to be made under that clause as adopted by this clause.
This plan repeals Central Sydney Heritage Local Environmental Plan 2000.
This plan amends Central Sydney Local Environmental Plan 1996 by omitting all provisions except clauses 1, 2 and 10.
(Repealed)
State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development is amended by omitting clause 6A.
Sydney Regional Environmental Plan No 26—City West is amended by inserting at the end of clause 2—
However, this plan does not apply to land to which Sydney Local Environmental Plan 2005 applies.
Consent may be granted to development of land in Central Sydney, or of land in Ultimo-Pyrmont that is not in a master plan area, even though the proposed development contravenes a maximum height or maximum floor space ratio for a building, or a maximum vehicle parking requirement, imposed by a development standard, but only if the consent authority is satisfied that—
(a) all the objectives of the development standard will be fulfilled, and
(b) the contravention will not—
(i) create an undesirable precedent for other development, or
(ii) diminish the overall effect of the development standard for development in the vicinity of the site, and
(c) the particular physical attributes of—
(i) the site, in terms of location, context, slope, site configuration and the like, and
(ii) the proposed development, in terms of urban form, bulk, height, floor space ratio, carparking, and the like,
will render the strict application of the development standard unreasonable or unnecessary in the circumstances, and
(d) the proposed development will improve or contribute positively to the public domain and would achieve design excellence.
A consent may be granted pursuant to this clause only if the building concerned—
(a) does not contravene the maximum building height set for the building by Chapter 2 or 3 by more than 10% of that maximum building height or the height of one floor of the building, whichever is the greater, and
(b) does not contravene the maximum floor space ratio for the building set for the building by Chapter 2 or 3 by more than 10% of that maximum floor space ratio or the proportion of the floor space ratio of the building attributable to one floor in the building, whichever is the greater, and
(c) does not contravene a maximum amount of vehicle parking set for the building by Chapter 2 or 3 by more than 10% of that maximum amount.
In determining the above, the consent authority shall have regard to whether this clause has been previously applied to the site of the proposed development.
If the site of the proposed development is in Central Sydney, consent may be granted for an additional amount of floor space area pursuant to this clause only if the consent authority is satisfied that an amount of heritage floor space equal to the additional amount has been or will be allocated to the site.
This clause is subject to clauses 48 (4), 49 (2), 50 (4) and (6) and 52.
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) a development standard that sets a maximum height for a building, a maximum floor space ratio for a building or a maximum amount of vehicle parking on land within Central Sydney, or on land within Ultimo-Pyrmont that is not in a master plan area,
(d) clause 48, other than the requirement relating to the sun access planes for Pitt Street Mall identified as plane F1 and F2 in the sun access planes table in Schedule 2,
(e) clause 49, other than the requirement relating to overshadowing of Australia Square, Chifley Square, First Government House Place and Sydney Town Hall steps.
The aims of this plan are—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, and
(a) to protect and enhance the diversity and special qualities of the City of Sydney, and its surrounding areas, and
(b) to establish the City of Sydney as the best place to live in, work in and visit, and
(c) to foster environmental, economic, social and physical well-being so that the City of Sydney continues to develop as an integrated, balanced, sustainable and prosperous living city of world standing, and
(d) to encourage orderly, sustainable and high quality development of land and other resources within the City of Sydney, and
(e) to conserve the environmental heritage of the City of Sydney.
The strategies for achieving the aims of this plan are—
(a) development of the City of Sydney as a vibrant, culturally diverse, multi-use city centre, and
(b) continued growth of a permanent residential population in Central Sydney and the provision of a full range of housing including affordable housing, and
(c) provision of appropriate development potential, and
(d) provision of visitor and tourist accommodation, and
(e) enhancement of Central Sydney as Australia’s pre-eminent retail centre, and
(f) protection and enhancement of the amenity of residents, workers and visitors, and
(g) protection and enhancement of the quality and amenity of the public domain—the parks, places, streets and lanes, and
(h) protection of the intricate urban fabric, and
(i) protection of Special Areas in Central Sydney, and
(j) conservation of heritage items and areas, and
(k) achievement of a high quality of urban form and design in buildings and in the relationship of buildings to neighbouring development and the public domain, and
(l) development of the City of Sydney with regard to the principles of ecologically sustainable development, and
(m) protection and enhancement of the natural environment, including the City of Sydney’s parks and Sydney Harbour, and
(n) maximisation of use of public transport, walking and cycling for trips to, from and within the City of Sydney, and
(o) provision of a high quality pedestrian environment, which is accessible to all its residents, workers and visitors, and
(p) efficient and orderly management of all phases of the development process, including the construction phase, and
(q) protection and enhancement of views and vistas to the harbour, parkland and buildings and places of historic and aesthetic significance, and
(r) facilitation of the provision of access for people with disabilities, and
(s) continuation of maritime and port functions located at the Darling Harbour Wharves 3 to 8.
The principles to be followed in implementing the strategies of this plan for achieving its aims are as follows—
(a) recognition of the responsibilities of this generation to future generations in relation to environmental quality and resource usage by respecting the limits of natural and physical resources,
(b) acknowledgment of the diversity of Sydney’s cultural heritage from pre-European occupation to the current time,
(c) involvement of the community in the planning process by ensuring openness, accountability and transparency in the decision-making process,
(d) consistent application of the provisions of this plan so that the aims and strategies of this plan can be achieved and implemented in practice, and provide certainty for applicants for development consents, investors, residents and the public,
(e) consistent and proper regard for the aims and strategies of this plan, in particular, when development applications are being determined.
The 1996 LEP, Central Sydney Heritage Local Environmental Plan 2000 and Sydney Regional Environmental Plan No 26—City West, as in force immediately before the commencement of this plan, apply to and in respect of the following, as if this plan had not been made—
(a) a development application (whether or not for a staged development consent)—
(i) that was lodged but was not finally determined before the commencement of this plan, and
(ii) that could have been consented to under the 1996 plan without any need for a related development plan being adopted under the 1996 LEP either because clause 28B of that plan did not apply to the proposed development or because of clause 28B (4) or (5) (a) or 28C (5) of that plan, and
(b) a development application (other than an application to which paragraph (a) applies and whether or not for a staged development consent)—
(i) that was lodged (but was not finally determined) before, or is lodged after, the commencement of this plan, and
(ii) that is substantially in accordance with a development plan that was adopted under the 1996 LEP before that commencement or a development plan that was lodged before that commencement for adoption under the 1996 LEP and has been adopted under the 1996 LEP after that commencement because paragraph (d) applies, and
(c) a development application lodged after that commencement that is substantially in accordance with either a staged development consent granted before that commencement or a staged development consent granted after that commencement to a development application referred to in paragraph (a) or (b), and
(d) a development plan lodged for adoption under Central Sydney Local Environmental Plan 1996, but not adopted, before that commencement.
The amendments made to this plan by Sydney Local Environmental Plan Amendment (Serviced Apartments) 2019 do not apply to a development application made but not finally determined before the commencement of those amendments.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
In this clause—
A consent may be granted subject to conditions that require the creation of a restrictive or positive covenant on any land.
Any agreement, covenant or other similar instrument does not apply to development allowed by this plan in Ultimo-Pyrmont to the extent necessary to allow the development to be carried out in accordance with this plan, and any consent granted pursuant to this plan, as in force from time to time.
Subclause (2) does not affect the application of any of the following—
(a) any agreement, covenant or other similar instrument entered into, before or after the commencement of this clause, by the Minister, the Council, the former South Sydney City Council or the Sydney Harbour Foreshore Authority,
(b) any covenant required, before or after the commencement of this clause, by a condition of a development consent or by the Minister, the Council, the former South Sydney Council or the Sydney Harbour Foreshore Authority.
Pursuant to section 28 of the Act, the Governor approved of subclauses (2) and (3) before this plan was made.
Development is
(a) is of minimal environmental impact, and
(b) is a type of development listed as exempt development in—
(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or
(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development, and
(c) complies with all of the requirements for exempt development made by—
(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or
(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development,
despite any other provision of this plan.
Clause 3.1 of, and Schedule 2 to, the Sydney Local Environmental Plan 2012 (to the extent that they specify street art as exempt development) apply to development on land to which this plan applies in the same way as they apply to development on land to which that Plan applies.
Development is
(a) local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) is a type of development listed as complying development in,
(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or
(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development, and
(c) complies with all the requirements for complying development of that type made by—
(i) for Central Sydney, the Central Sydney Exempt and Complying DCP, or
(ii) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development,
despite any other provision of this plan.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in—
(a) for Central Sydney, the Central Sydney Exempt and Complying DCP, or
(b) for Ultimo-Pyrmont, State Environmental Planning Policy No 60—Exempt and Complying Development.
Consent must not be granted to development proposing the demolition of a building unless—
(a) the application also proposes the comprehensive redevelopment of the site after the demolition has been carried out, or
(b) a consent is in force for the comprehensive redevelopment of the site, or
(c) a consent is at the same time granted to the comprehensive development of the site proposed by another development application.
Consent must not be granted for demolition of a building unless the consent authority has compared the likely environmental impact of any replacement building proposed to be erected on the site when the site is redeveloped with the environmental impact of the building it would replace.
Subdivision of land, including subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, may be carried out only with development consent.
Development consent may be granted to a subdivision only if the consent authority is satisfied that the subdivision will result in lots that—
(a) if the subdivision is for the purpose of the erection of a building, are capable of accommodating a building that—
(i) complies with all relevant requirements made by this plan, including those relating to maximum building height and floor space ratio, urban design, design excellence and heritage conservation, and
(ii) is not an overdevelopment of the lot, and
(iii) facilitates orderly and high quality development of the resultant lots, and
(b) provide an appropriate curtilage for any heritage item on the land that does not adversely affect the heritage significance of the item, and
(c) are compatible with the existing subdivision pattern of the locality.
A lot, or part of a lot, identified in a plan of subdivision for which consent is granted as being for use for carparking in relation to a specified residential unit must be used only by a resident or other occupant of the building that contains the residential unit.
Before granting consent for stratum subdivision of a building, the consent authority must consider whether the related building management statement or strata management statement adequately addresses the ongoing maintenance, upgrading, redevelopment and structural adequacy of the part of the building within each proposed stratum lot.
Before granting the subdivision certificate for strata subdivision of a new or refurbished building, the consent authority must be satisfied that any occupation certificate needed before the building is occupied has been issued.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause—
The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a) the playing or performance of music, including the following—
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
(b) whether dancing occurs,
(c) the presence or use of a dance floor or another area ordinarily used for dancing,
(d) the direction in which a stage for players or performers faces,
(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.
The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
In this clause—
The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—
(a) preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and
(b) preserving bushland as a natural stabiliser of the soil surface, and
(c) preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and
(d) preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and
(e) mitigating disturbance caused by development.
Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.
Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—
(a) the disturbance of the bushland is essential for a purpose in the public interest,
(b) there is no reasonable alternative to the disturbance,
(c) the development minimises the amount of bushland to be disturbed,
(d) the development includes measures to remediate the disturbed bushland.
Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—
(a) the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,
(b) the construction, operation or maintenance of electricity or telecommunication lines,
(c) bush fire hazard reduction,
(d) the construction or maintenance of classified roads,
(e) facilitating the recreational use of the public bushland.
Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—
(a) the recreational use of the land,
(b) bush fire hazard reduction,
(c) the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,
(d) the remediation of degraded public bushland.
This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.
In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—
(a) the need to retain public bushland adjoining the site of the development,
(b) the likely effect of the development on public bushland, including the following—
(i) the erosion of soil,
(ii) the siltation of streams and waterways,
(iii) the spread of weeds and non-native plants within public bushland,
(c) other matters the consent authority considers relevant to the protection and preservation of public bushland.
This clause does not apply to the following land that is public bushland—
(a) land in Zone RU1, RU2, RU3, RU4 or RU5,
(b) land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,
(c) land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,
(d) land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.
In this clause—
(a) remove vegetation from public bushland, or
(b) cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.
(a) on which there is vegetation that is—
(i) a remainder of the natural vegetation of the land, or
(ii) representative of the structure and floristics of the natural vegetation of the land, and
(b) that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.
Canal estate development is prohibited on land to which this Plan applies.
In this clause—
When an application is made for consent to carry out development on any land, the consent authority must give written notice of the application to such persons as appear to it to own adjoining land.
If the adjoining land is common property or a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, a written notice to the owners corporation of the strata scheme concerned is sufficient notice to the owner of each lot within the scheme.
Each notice is to contain the following information—
(a) the address of the land to which the development application relates,
(b) a description of the proposed development,
(c) a plan showing the site of the proposed development,
(d) the name of the applicant,
(e) a statement to the effect that the development application referred to in the notice and the documents accompanying the application may be inspected at the office of the Council at any time during ordinary office hours within a period of 14 days from the date shown on the written notice,
(f) a statement to the effect that any person, during the period of 14 days from the date shown on the written notice, may make a submission in writing to the consent authority in relation to the development application.
This clause does not require the consent authority to give notice of an application for consent to carry out development that the consent authority considers to be of a minor nature and that, in the consent authority’s opinion, will not detrimentally affect the use and enjoyment of adjoining land.
If an application is made for consent to carry out on any land development that, in the consent authority’s opinion, may have a significant environmental effect, the consent authority must advertise the development application in a major newspaper circulating in the City of Sydney.
Any person may inspect the development application at the office of the Council at any time during ordinary office hours within a period of not less than 14 days after the date of publication of the advertisement.
Clauses 19 and 20 do not apply if—
(a) a development application is amended in a way that is considered by the consent authority to be minor or to result in lesser impact, or such a development application is withdrawn, and a subsequent application made that is considered by the consent authority to relate to substantially the same development, or would result in lesser impact than the development initially proposed, and
(b) the consent authority has already complied with clauses 19 and 20 (if applicable) with respect to the development initially proposed.
Clauses 19 and 20 do not apply to designated development or integrated development as defined by the Act.
The objectives for development plans are as follows—
(a) to promote design excellence in terms of urban form, massing, bulk and architectural treatment,
(b) to provide an analysis of site constraints and opportunities that can form the basis for determining the most appropriate floor space ratio and height, within the limits set by this plan, and the most appropriate development, for certain sites,
(c) to promote design concepts for certain sites that ensure separation between tower forms,
(d) to provide for a high quality amenity to the streets of Sydney and to uses located to the side and rear of certain mid-block sites.
This clause applies to the following development—
(a) any development comprising the erection of a building exceeding 55 metres in height,
(b) any development of land exceeding 1,500 square metres in area,
(c) any development of the land comprising Darling Harbour Wharves 9 and 10,
(d) any development of the land comprising Carlton and United Brewery site, Chippendale, as outlined in red and annotated (iv) on the Central Sydney Site Identification Map,
(e) any development of the land comprising Central Railway—Western Precinct, as outlined in red and annotated (ii) on the Central Sydney Site Identification Map.
This clause does not apply to land within Ultimo-Pyrmont for which a master plan is required by Chapter 3, whether or not a master plan has been adopted for the land.
Except as provided by subclauses (4) and (5) and clause 25 (6), consent must not be granted for development to which this clause applies unless—
(a) a development plan is in force for the land on which the development is proposed to be carried out, and
(b) the consent authority has taken the development plan into consideration.
The consent authority may waive compliance with the requirements of subclause (3)—
(a) for any alterations or additions to an existing building that, in the opinion of the consent authority, do not significantly increase the existing floor space ratio or height of the building, do not have a substantial impact on adjoining buildings and are not visible from the street, and
(b) for any replacement use resulting from a change of use, any use the hours of operation of which are extended or any temporary use of an existing building, and
(c) for the strata subdivision of an existing building, and
(d) for any other development that, in the opinion of the consent authority, is of a similar nature to development referred to in paragraph (a), (b) or (c), and
(e) for any other development for which the consent authority considers it would be unreasonable or unnecessary to require compliance with those requirements.
A development plan is not required so as to allow the granting of—
(a) a consent subject to a condition referred to in section 80 (5) of the Act (a consent for staged development), if the development application addressed the matters that would have been required to be in a development plan and to be taken into account if this exception had not been made, or
(b) a subsequent consent—
(i) to which that condition relates, or
(ii) to which a condition imposed under that subsection on a consent for staged development granted before or after the commencement of this plan relates, if the development application for that consent was or (pursuant to clause 14) is consented to under Central Sydney Local Environmental Plan 1996.
The following instruments are taken to be development plans adopted under this Chapter by the consent authority—
(a) any instrument adopted by the consent authority as a development plan under Central Sydney Local Environmental Plan 1996 before the commencement of this plan or, if it is a development plan to which clause 14 (1) (d) applies, after that commencement,
(b) Darling Harbour Wharves 9 & 10 Master Plan, as amended by Amendment No 1 approved by the Central Sydney Planning Committee on 24 July 1997,
(c) Central Railway Precinct Master Plan approved by the Central Sydney Planning Committee in 1997.
Copies of—
(a) the instrument referred to in subclause (6) (a) are available from the office of the Council, and
(b) the instrument referred to in subclause (6) (b) are available from the office of the Sydney Harbour Foreshore Authority.
To remove any doubt, this clause does not apply to the granting of consent to a development application if this plan does not apply to or in respect of that application because of clause 14 (Saving of certain development applications and development plans).
This clause applies to land at Regent Street (South) as shown outlined in solid red and annotated (v) on the Central Sydney Site Identification Map.
Consent may be granted for development on land to which this clause applies that will result in a building that exceeds the height or floor space ratio shown for the land on the Central Sydney Height Map or Central Sydney Floor Space Ratio Map, or exceeds both that height and that floor space ratio, if—
(a) a development plan is in force for the land on which the development is proposed to be carried out, and
(b) the consent authority is satisfied that the development is consistent with that development plan.
Nothing in this plan allows consent to be granted for development on land to which this clause applies that will result in a building with—
(a) a height that is greater than 15 metres, or
(b) a floor space ratio that is greater than 1:1 above the floor space ratio shown for the land on the Central Sydney Floor Space Ratio Map.
A draft development plan may be prepared for land—
(a) by the owner of the land, or by a person authorised by the owner, in consultation with the consent authority, or
(b) by the consent authority in consultation with the owner of the land, or with a person authorised by the owner.
A development plan may be adopted by the consent authority only if it is satisfied that—
(a) the plan proposes development that can achieve design excellence, having regard to clause 26 and particularly the matters referred to in clause 26 (2), and
(b) the development plan addresses, to the satisfaction of the consent authority, whether—
(i) the proposed envelope, including floor space ratio and height, is appropriate to its site and context, and
(ii) it provides an appropriate design response to an analysis of the site and its context that adequately addresses the matters set out in subclause (3), and
(iii) the development plan proposes development that complies with the other requirements of this plan.
In order to demonstrate an appropriate design response to an analysis of the site, the development plan must address the following matters—
(a) the suitability of the land for development,
(b) existing and proposed uses and use mix,
(c) heritage issues and streetscape constraints,
(d) the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(e) bulk, massing and modulation of buildings,
(f) street frontage heights,
(g) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(h) the achievement of the principles of ecologically sustainable development,
(i) pedestrian, cycle, vehicular and service access, circulation and requirements,
(j) impact on, and any proposed improvements to, the public domain.
Before considering a draft development plan, the consent authority must—
(a) give notice of, and advertise, the draft plan in accordance with clauses 19 and 20 in the same way, and to the same persons, as notice of a development application is required to be given and advertised under those clauses, and
(b) take into account any written submissions made in response to the notice within the time allowed by clause 19.
After considering a draft development plan, the consent authority—
(a) may adopt the development plan without variation, or
(b) may adopt the development plan with such variation as it considers appropriate, or
(c) may refuse to adopt the development plan, or
(d) may prepare an alternative development plan.
If no decision has been made by the consent authority in relation to a draft development plan prepared by the owner of land (or by a person authorised by the owner of land) within 60 days after the draft plan was lodged with the consent authority for adoption—
(a) the consent authority is not prevented from granting consent to development to which clause 23 applies because no development plan has been adopted, but
(b) may grant consent to a development application proposing such development only if it is satisfied that it addresses the matters set out in subclause (2).
A draft development plan becomes a development plan when it is adopted by the consent authority.
Notice of the adoption of a development plan must be given to the owner of the land to which it relates.
A development plan has effect for 3 years from the date on which it is adopted or for such other period as the consent authority may from time to time determine.
When a development plan is adopted by the consent authority, the applicant must provide the consent authority with a copy of the development plan, incorporating any alterations that were required by the consent authority, to be kept as part of a register by the Council and to be made available for public inspection during the ordinary office hours of the Council.
A development plan may be amended from time to time by a further development plan.
The consent authority may waive compliance with the requirements of subclause (3) in relation to an amending development plan if it is of the opinion that the amendment is of a minor nature and does not affect any provisions of the development plan being amended in relation to floor space ratio, height or bulk.
Consent must not be granted to a new building or to external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.
In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—
(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,
(c) whether the new development detrimentally impacts on view corridors identified in the relevant development control plan.
Any requirement for a development plan for the site is not displaced if the design of the new or altered building is the result of a competitive process.
Where a development plan is in force for the site, the consent authority must consider whether the design of the new or altered building is the result of a competitive process, undertaken in accordance with an adopted design brief and guidelines, that facilitates achievement of design excellence.
Where there is not a development plan in force for the site, the consent authority may have regard to whether the design of the new or altered building is the result of a design competition that—
(a) is consistent with any relevant development control plan, and
(b) satisfies the requirements for design competitions in any relevant development control plan.
If the consent authority is satisfied that the proposed development exhibits design excellence and is the result of a design competition, it is to reduce the amount of heritage floor space that would otherwise be required to be allocated to the site under clause 62 by 50 per cent, up to a maximum of 1,000 square metres.
Before granting consent for development related to a building, the consent authority must have regard to the principles of ecologically sustainable development based on a “whole of building” approach by considering—
(a) greenhouse gas reduction, and
(b) embodied energy in materials and building processes, and
(c) building design and orientation, and
(d) passive solar design and daylighting, and
(e) natural ventilation, and
(f) energy efficiency and energy conservation, and
(g) water conservation and grey water reuse, and
(h) waste minimisation and recycling, and
(i) reduction of car dependence, and
(j) potential for adaptive reuse.
The objectives of this Part are—
(a) to minimise the impact of certain uses which may degrade the amenity of the City of Sydney, such as amusement centres, brothels, restricted premises, late opening pubs and the like, and
(b) to ensure that such uses are not concentrated together, and that their cumulative impact is assessed, and
(c) to improve the character and attractiveness of the City of Sydney for residential, retail, commercial and cultural activities.
Consent may be granted to the carrying out of development for the purpose of amusement centres, brothels, restricted premises, late opening pubs and the like only if the consent authority is satisfied that—
(a) the proposal would not have a detrimental impact on the amenity of the locality and the desired character of the locality, as indicated by—
(i) the objectives for the zone in which the land is situated, and
(ii) if the land is in a Special Area, the character statements and specific objectives for the Special Area as set out in Schedule 6,
(b) the proposal would not result in an inappropriate concentration of that use and, together with other of the above uses in the locality, result in a detrimental cumulative impact, and
(c) the proposal would not be detrimental to other uses considered to be more consistent with the objectives of the zone in which the land is situated.
Consent must not be granted to development for the purpose of a duty free store, including development that would result in the expansion of a duty free store, unless the consent authority is satisfied that the development will not have an adverse traffic impact on city streets, having particular regard to the increase in the numbers of buses and coaches likely to be generated by the development.
The objectives of this Chapter are—
(a) the reinforcement of the major functions of Central Sydney, especially its commercial role and maritime trading role, and
(b) the reinforcement of the status of Central Sydney as the primary centre in the Sydney Metropolitan region, and
(c) the provision of sufficient development potential within Central Sydney, and
(d) the managed growth of a permanent residential population in Central Sydney and the provision of a full range of residential accommodation, and
(e) the provision of tourist and visitor accommodation in Central Sydney, and
(f) the enhancement of Central Sydney as Australia’s pre-eminent retail centre, and
(g) the protection of Special Areas within Central Sydney.
The following land use zones within Central Sydney are shown on the Central Sydney Zoning Map. The zones are—
(a) City Centre zone,
(b) City Edge zone,
(c) Residential zone,
(d) Maritime and Transport zone,
(e) Parks and Community Places zone.
The consent authority, before consenting to development or adopting a proposed development plan for any land, must have regard to the objectives of the zone in which the development is proposed to be carried out or in which the land is situated.
This clause applies to land that is within 5 metres of the boundary between two zones.
Land to which this clause applies may, with development consent, be developed for any purpose for which land in the adjoining zone may be developed if the development would be prohibited in the absence of this clause.
The consent authority may grant consent to the use, for any purpose, of a heritage item even though the use would otherwise be prohibited, if it is satisfied that—
(a) the proposed use would not have a significant effect on the heritage significance of the heritage item or the amenity of the locality, and
(b) conservation of the heritage item would be assisted by the granting of the consent.
The objectives of the City Centre zone are—
(a) to encourage Central Sydney’s role and growth as one of the Asia-Pacific region’s principal centres for finance, commerce, retailing, tourism, cultural activities, entertainment and government, and
(b) to permit a diversity of uses which reinforce the multi-use character of Central Sydney, and
(c) to facilitate the development of buildings and works that are of a scale and character consistent with achieving the other objectives of this zone, and
(d) to provide for increased residential development with appropriate amenity and to ensure the maintenance of a range of housing choices, and
(e) to enhance the amenity of parks and community places by protecting sun access, and
(f) to ensure wind levels are consistent with pedestrian comfort and the amenity of the public domain, and
(g) to ensure satisfactory sky exposure, levels of daylight and ventilation to the public areas of Sydney, including the parks, places, streets and lanes, and
(h) to recognise and enhance the character of Special Areas, and
(i) to facilitate the conservation of items and areas of heritage significance, and
(j) to protect the fine-grained urban fabric of Central Sydney, especially the existing network of streets and lanes, and to provide for high quality development that contributes to the existing urban form, and
(k) to extend retail uses on frontages to retail streets, and
(l) to provide active frontages to streets.
Development may be carried out without consent within the City Centre zone if it is exempt development.
Within the City Centre zone, any other development (including use of land for the purpose of advertisements or advertising structures, a new use of a building for the purpose of a duty free store and temporary uses) may be carried out, but only with development consent.
However, in the area bounded by King, Elizabeth, Market and George Streets—
(a) development at ground floor level may be carried out only for the purpose of shops, refreshment rooms and access to other uses on other levels, and
(b) development for the purpose of brothels is prohibited.
The objectives of the City Edge zone are—
(a) to encourage a mixed-use, medium density area which will provide a physical transition between the City Centre zone and nearby lower density, mixed-use and residential areas, and
(b) to encourage an increase in the permanent residential population through new residential development or the conversion of existing buildings and to ensure the maintenance of a range of housing choice, and
(c) to recognise the development potential of certain major sites within the zone and to encourage development of them which is consistent with other zone objectives, and
(d) to enhance the amenity of parks and community places by protection of sun access, and
(e) to ensure wind levels are consistent with pedestrian comfort and the amenity of the public domain, and
(f) to ensure adequate levels of daylight to streets, and
(g) to recognise and enhance the character of Special Areas, and
(h) to facilitate the conservation of items and areas of heritage significance, and
(i) to ensure that the number and location of clinics, refuges, crisis centres and other welfare facilities within parts of this zone are compatible with the achievement of other zone objectives.
Development may be carried out without consent within the City Edge zone if it is exempt development.
Within the City Edge zone, other development (including use of land for the purpose of advertisements and advertising structures, light industries and temporary uses) may be carried out, but only with development consent.
Development for the purpose of amusement centres is prohibited on land in the Oxford Street area shown shaded on Map 1 in Schedule 1.
Development for the purpose of brothels is prohibited in the City Edge zone.
The objectives of the Residential zone are—
(a) to maintain a predominantly residential character and land use at Millers Point and for certain land fronting Wylde Street, Potts Point, and
(b) to facilitate additional residential development that is consistent with the existing residential character and use of those locations, and
(c) to ensure the maintenance of a range of housing choice, and
(d) to facilitate the conservation of items and areas of heritage significance, and
(e) to provide for a limited range and scale of non-residential land uses to serve the local population’s needs, being uses which are compatible with residential amenity and heritage values.
Development may be carried out without consent within the Residential zone if it is exempt development.
Within the Residential zone, development for the purpose of the following may be carried out, but only with development consent—
(a) dwelling-houses,
(b) advertisements,
(c) boarding houses,
(d) child care centres,
(e) educational establishments,
(f) hotels,
(g) medical and dental surgeries (up to a maximum floor space area of 150 square metres),
(h) open space,
(i) places of public worship,
(j) public utility installations,
(k) pubs,
(l) refreshment rooms,
(m) residential buildings (other than dwelling-houses),
(n) serviced apartments,
(o) shops (including grocery and convenience stores),
(p) streets,
(q) temporary uses of any kind.
Any other development is prohibited within the Residential zone, except development involving a class 1 dwelling listed as complying development in the Central Sydney Exempt and Complying DCP.
The objectives of the Maritime and Transport zone are—
(a) to facilitate the continued operation of port activities, water-based transport services, rail and related transport services, and naval and other maritime activities, and
(b) to provide for the efficient operation of the primary land uses for this zone, namely—
(i) port (cargo and passenger) and related landside activities at North Darling Harbour berths 3–10, and
(ii) ferry and charter boat services at Circular Quay, in a manner consistent with the identification of Circular Quay as a Special Area, and
(iii) the Royal Australian Navy’s Fleet Base at Woolloomooloo and Garden Island, and the Department of Defence’s dockyard and facilities at Garden Island, and
(iv) rail and related services at Central Railway Yards and near the approaches to the Sydney Harbour Bridge, and
(c) to facilitate the conservation of items and areas of heritage significance, and
(d) to provide opportunities for a range of additional uses on particular sites without detrimentally affecting the amenity of the surrounding areas.
Within the Maritime and Transport zone, exempt development and development for the purpose of the following may be carried out without development consent—
(a) aids to navigation,
(b) commercial port operations,
(c) dredging,
(d) jetties,
(e) naval activities,
(f) pontoons,
(g) reclamation,
(h) sea walls,
(i) streets,
(j) temporary uses on land owned by, or under the care, control and management of, the Council,
(k) wharves.
Within the Maritime and Transport zone, development for the purpose of the following may be carried out on any land, but only with development consent—
(a) public utility undertakings,
(b) temporary uses of any kind on land on which they are not allowed without consent in the zone,
(c) workshops.
Within the part of the Maritime and Transport zone outlined in red and annotated (i) on the Central Sydney Site Identification Map, development for the purpose of the following may be carried out, but only with development consent—
(a) advertisements,
(b) conventions, cultural activities, exhibitions, and like functions,
(c) hotels,
(d) refreshment rooms,
(e) residential buildings,
(f) serviced apartments,
(g) shops,
(h) tourist coach and bus parking or layover,
(i) tourist-related uses,
(j) waterfront-related uses,
(k) commercial uses ordinarily incidental or ancillary to the other particular uses listed in this subclause.
Within the part of the Maritime and Transport zone outlined in black and shown with black hatching on the Central Sydney Site Identification Map (Sheet 2), development for commercial purposes in addition to the purposes specified in subclause (3) may be carried out, but only with development consent.
Consent must not be granted for development on land within the part of the Maritime and Transport zone shown coloured blue on the Central Sydney Site Identification Map, or on land including any such land, unless the consent authority is satisfied that unobstructed public access will be provided along the foreshore within the land so shown.
Despite subclause (3), within the part of the Maritime and Transport zone shown coloured green on the Central Sydney Site Identification Map, development for the purpose of a residential building is prohibited.
Within the part of the Maritime and Transport zone outlined in pink on the Central Sydney Site Identification Map, development for the purpose of a short-stay public car park containing a maximum of 158 parking spaces may be carried out, but only with development consent. This subclause has effect despite clause 65 but subject to clause 66.
The consent authority must not grant consent as referred to in subclause (6) unless it is satisfied that a covenant has been or will be created that has the effect of restricting the future use of the proposed car park to use for the purpose of a short-stay public car park only.
Within the part of the Maritime and Transport zone outlined in red and annotated (ii) on the Central Sydney Site Identification Map, development for the purpose of the following may be carried out, but only with development consent—
(a) advertisements,
(b) commercial premises,
(c) hotels,
(d) serviced apartments,
(e) shops,
(f) educational establishments.
Within the Part of the Maritime and Transport zone outlined in red and annotated (v) on the Central Sydney Site Identification Map, development for the purpose of the following may be carried out, but only with development consent—
(a) advertisements,
(b) conventions, exhibitions and like uses,
(c) tourist coach and bus parking layover facilities,
(d) public instrumentality offices used for administration,
(e) port and maritime related uses and sympathetic commercial uses,
(f) harbour public open space,
(g) pedestrian linkages and vantage points.
Within the part of the Maritime and Transport zone at Circular Quay and Central Railway Terminal building, development for the purpose of the following may be carried out, but only with development consent—
(a) advertisements,
(b) refreshment rooms,
(c) shops.
Any other development is prohibited within the Maritime and Transport zone.
Consent must not be granted to development referred to in subclause (3) unless the consent authority is satisfied that the pattern and location of any roads or pedestrian thoroughfares concerned is generally in accordance with that shown on the Central Sydney Roads and Pedestrian Thoroughfares Map.
In determining
In determining the
In determining
The exclusion can reduce the floor space area of the buildings so that the floor space ratio calculated is less than the floor space ratio for the buildings that would otherwise have been calculated by up to, but no more than 1:1. The extent of the exclusion is to be in proportion to the extent to which the layover facility will, in the opinion of the consent authority, contribute to servicing the needs of the City of Sydney for tourist coach and bus parking layover facilities.
In this clause,
The objectives of the Parks and Community Places zone are—
(a) to facilitate continued provision and enhancement of parks and community places, including places in private ownership utilised by the community, as the primary use within this zone, and
(b) to identify existing publicly and privately owned elements of importance for community use, including significant buildings and their parkland or freestanding settings, and
(c) to facilitate the conservation of items and areas of heritage significance, and
(d) to provide for the expansion or redevelopment of existing uses and buildings (including existing underground uses and underground buildings) associated with railway stations, if the expansion or redevelopment is consistent with the primary use of the park or community place at which the railway station is located and the other objectives of this zone, and
(e) to better integrate roads with surrounding or adjoining parks and community places, and
(f) to facilitate continued public access to land and buildings within this zone.
Development may be carried out without consent within the Parks and Community Places zone if it is exempt development or (unless it is development for the purpose of roads) carried out in accordance with a plan of management.
Within the Parks and Community Places zone, development (other than development in accordance with a plan of management) for the purpose of the following may be carried out on any land, but only with development consent—
(a) buildings used for cultural activities, landscaping and gardening, or recreational facilities,
(b) car parking,
(c) kiosks,
(d) refreshment rooms,
(e) roads, except where carried out as exempt development or in accordance with any plan of management,
(f) shops and commercial premises associated with underground railway stations,
(g) signs incidental or ancillary to another permitted use,
(h) temporary uses of any kind,
(i) underground public utility undertakings, located under the surface of a road or public thoroughfare, or adjacent to or bordering a road or public thoroughfare, but only if the undertakings are not inconsistent with any plan of management,
(j) other land uses which the consent authority is satisfied are incidental or ancillary to land uses which may be lawfully carried out within the zone.
Within the curtilage of the building within the part of the Parks and Community Places zone outlined in red and annotated (iii) on the Central Sydney Site Identification Map, development for the purpose of the following may also be carried out, but only with development consent—
• coach and bus parking or layovers and associated facilities, including shops, information facilities, refreshment rooms and ancillary uses.
Within the Parks and Community Places zone, below the plaza ground surface as at the commencement of this plan, on Lot 2, DP 225060, (being part of the land bounded by George Street, Curtin Place, Pitt Street and Bond Street, Sydney, and known as Australia Square), any development (including development for the purpose of advertisements or advertising structures and temporary uses of any kind) may be carried out, but only with development consent.
Consent must not be granted to development of land within the Parks and Community Places zone owned or controlled by the Council or another public authority, unless the consent authority has had regard to each of the following—
(a) the need for the development on the land,
(b) the impact of the proposed development on the existing or likely future use of the land,
(c) the need to retain the land for its existing or likely future use.
Any other development is prohibited within the Parks and Community Places zone.
Despite clause 45, development for any residential purpose may be carried out, but only with development consent, on land within the Parks and Community Places zone that is outlined in red and annotated (iv) on the Central Sydney Site Identification Map.
Consent for any such development on the land may be granted only if the consent authority is satisfied that—
(a) the proposed development will have little or no adverse effect on the amenity of land in the vicinity of the proposed development, and
(b) conservation of the Finger Wharf would be assisted were the proposed development to be carried out, and
(c) no portion of any building, including plant, will exceed a height of RL 10 metres, exclusive of any public viewing platforms.
The floor space area of all buildings on the land must not result in a floor space ratio that exceeds 0.913:1, of which the floor space area used otherwise than for car parking must not account for more than 0.65:1 and the floor space area used only for car parking must not account for more than 0.263:1.
The objectives for control of the height of buildings in Central Sydney are—
(a) to allow sunlight access to key areas of the public domain by ensuring that—
(i) further overshadowing of certain parks and community places is avoided or limited during nominated times, and
(ii) existing overshadowing of certain parks and community places is reduced in the long term, and
(b) to provide a transition of building heights between localities and street blocks, and
(c) to provide high quality urban form for all buildings, while maintaining satisfactory sky exposure and daylight—
(i) to the public areas of Central Sydney, including the parks, places, streets and lanes, and
(ii) to existing buildings and to the sides and rear of tower forms, and
(d) to confine ground level wind speeds to velocities which ensure pedestrian comfort and amenity of the public domain, and
(e) to allow for and promote the ventilation of the City by the free movement of air around and between tower structures, and
(f) to provide sun access to significant sandstone buildings in Special Areas in order to improve the ground level environmental quality of public spaces, and
(g) to ensure that tower development occurs on sites capable of providing appropriate urban form and amenity, and
(h) to nominate heights that will provide a transition in built form and land use intensity between the City Centre zone and adjoining lower scale localities within and adjacent to Central Sydney, and
(i) to provide for view sharing along the edges of Central Sydney, and
(j) to ensure an appropriate height transition between new buildings and heritage items or Special Areas.
Subject to subclauses (2), (3) and (4), development that results in any part of a building projecting above a sun access plane for a park or community place identified in the sun access planes table in Schedule 2 is prohibited if the building is situated on land shown on the relevant map in Schedule 2 as affected by the sun access plane.
Any part of a sun access plane identified as plane B2, F2 or I2 in the sun access planes table in Schedule 2 that is directly beneath part of another sun access plane identified as plane B1, F1 or I1 in that table is to be disregarded for the purposes of this clause.
This clause does not apply to development resulting only in refurbishment of a building.
Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this clause.
Subject to subclauses (2), (3) and (4), development is prohibited if it results in a building that causes overshadowing, in addition to that existing at 27 December 1996, between the nominated times in any of the following locations between 14 April and 31 August in any year—
Location | Nominated times |
Australia Square | 12 noon to 2 pm |
Chifley Square | 12 noon to 2 pm |
First Government House Place | 12 noon to 2 pm |
Lang Park | 12 noon to 2 pm |
Macquarie Place (beyond the shadow that would be cast by a wall with a 35 metre street frontage height on the eastern alignment of Loftus Street) | 10 am to 2 pm |
Martin Place (between Pitt and George Streets) | 12 noon to 2 pm |
Pitt Street Mall (beyond the shadow that would be cast by a wall with a 20 metre street frontage height on the eastern and western alignments of the Mall) | 10 am to 2 pm |
Prince Alfred Park | 12 noon to 2 pm |
Sydney Town Hall steps | 10.30 am to 4 pm |
Sydney Square | 11 am to 4 pm |
Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this clause.
Within the Parks and Community Places zone, this clause does not apply to any development that is not inconsistent with a plan of management.
This clause is subject to clause 52.
The height of a building on any land is not to exceed the height shown for the land indicated on the Central Sydney Height Map.
Despite subclause (1), consent must not be granted to a building on any land if the height of the building exceeds 55 metres unless—
(a) the site area of the development is 800 square metres or more, or
(b) the consent authority is satisfied that the proposed development achieves—
(i) appropriate height to plan width proportions that are compatible with the massing, street frontage and tower forms within the locality, and
(ii) a separation of any towers to achieve the “tower in the round” built form characteristic, and
(iii) adequate amenity and privacy for occupants, and
(iv) active street frontages, and
(v) sufficient space for vehicle circulation and access ramps.
The achievement of the maximum height shown on the Central Sydney Height Map is subject to compliance with the floor space ratio, development plan, design excellence, heritage, ecologically sustainable development and other provisions of this plan.
The height of a building resulting from the replacement or alteration of a building on land identified by the notation “Existing Height” on the Central Sydney Height Map is not to exceed the existing height of the building that is replaced or altered. Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this subclause.
Consent must not be granted for the erection of a building on land in the Parks and Community Places zone or the Maritime and Transport zone unless the consent authority is satisfied that its height will be consistent with the heights of any existing buildings on the subject site and on adjoining land. This subclause is subject to clause 46 (2) (c) and does not apply to equipment and structures used for the physical handling of cargo in carrying out commercial port operations, or used for naval activities at Woolloomooloo or Garden Island.
The height of any building on land shown outlined in solid red and annotated (ii) on the Central Sydney Height Map must not exceed—
(a) RL 45 metres north of the Moore Stairs, or
(b) RL 46.7 metres south of the Moore Stairs.
Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this subclause.
The height of any building on land shown outlined in solid red and annotated (iii) on the Central Sydney Height Map is not to exceed RL 28.6 metres.
Consent must not be granted for the erection of a building on land shown outlined in solid red and annotated (iv) on the Central Sydney Height Map unless, in the opinion of the consent authority, its height will complement the height of buildings on adjacent land.
Despite subclause (1), the height of any building resulting from the carrying out of development on land shown outlined in solid red and annotated (v) on the Central Sydney Height Map may exceed the 80 metre height limit shown on the Central Sydney Height Map, but only if the development application for consent to the development was lodged no later than on 31 March 2002 and the consent authority is satisfied that—
(a) when carried out, the development will be generally consistent with the winning entry of the architectural competition (submitted by Richard Johnson, Architect, and known as the
JPW amended scheme ) held under the provisions of Part 12 of Central Sydney Development Control Plan 1996, and(b) the use of any new building or buildings on the land will be commercial, and
(c) the floor space area of all buildings on the land will not exceed 111,291 square metres, and
(d) the street frontage height along Kent Street will not exceed RL 45 metres, and
(e) the height of the tower buildings will not exceed RL 145 metres to Kent Street and RL 110 metres to Sussex Street, and
(f) the massing of the tower buildings will provide an acceptable slenderness ratio to all elevations. Specifically, the length above the street frontage of the Kent Street elevation of the northern proposed building must not exceed 61.5 metres (excluding fins or decorative elements) and the length above the street frontage of the Sussex Street elevation of the southern proposed building must not exceed 66.5 metres (excluding fins or decorative elements), and
(g) no more than 650 short stay public car parking spaces will be provided in the building which will be located below the level of Kent Street and screened by active uses from any public or pedestrian space, and
(h) no structure will be constructed underground on land to which this subclause applies that is shown shaded on the Central Sydney Height Map, and
(i) Sussex Lane will be appropriately connected to Kent Street from Sussex Street, and
(j) an appropriate street or mid-block connection will be provided between Kent Street and Sussex Street.
Clause 2.12.E of Central Sydney Development Control Plan 1996 does not apply to any development application to which subclause (9) applies.
Despite subclause (1), the consent authority may, in accordance with clause 24, consent to development that will result in a building on land at Regent Street (South) as shown outlined in solid red and annotated (vi) on the Central Sydney Height Map with a height of not more than 15 metres.
The height of any building on land shown outlined in solid red and annotated (vii) on the Central Sydney Height Map must not exceed 81 metres.
A person may, with development consent, carry out development in contravention of clauses 48 and 50 that results in an architectural roof feature, but only if the consent authority is satisfied that the architectural roof feature—
(a) satisfies the objectives of the height controls, and
(b) comprises a decorative element on the uppermost portion of a building, and
(c) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(d) does not provide access for recreational purposes, and
(e) is not a structure for signage or advertising, 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) is an integral part of the design of the building in its context, and
(h) will have minimal overshadowing impact.
Consent may be granted to development that will result in a building projecting above a sun access plane for a location if—
(a) the site of the building is a site nominated as Category A in Schedule 3, and
(b) the building would reduce the excess overshadowing of the location by at least 50 per cent between the nominated times specified for the location by clause 49. Excess overshadowing of a location is the area of shadow cast by so much of a building as projects above the sun access plane for the location.
A building on a site nominated as Category B in Schedule 3 may project above a sun access plane that affects the Category B site, but only if the height of the building does not exceed the height of any building situated on the corresponding site nominated as a Category A site in that Schedule.
Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this clause.
The objective of this clause is to provide for additional building height on parts of certain sites (within the area bounded by Alfred Street, Pitt Street, Dalley Street and George Street) if the development of the site provides for publicly accessible open space, lanes and other links through the site.
This clause applies to land shown outlined in solid red and annotated “vi” on the Central Sydney Site Identification Map.
Despite clause 50, the consent authority may grant consent to development for the purposes of a building with a maximum height of—
(a) 200 metres on up to 33% of the area of block 1, or
(b) 155 metres on up to 42% of the area of block 2, or
(c) 185 metres on up to 24% of the area of block 3.
Development consent must not be granted under this clause unless the consent authority is satisfied that the development proposal will—
(a) provide for recreation areas, lanes and streets, and
(b) have business premises and retail premises that have street frontages at ground level (finished) to those recreation areas, lanes and streets, and
(c) provide a satisfactory distribution of built form and floor space development.
Development consent must not be granted under this clause in relation to development on block 1, 2 or 3 unless the consent authority is satisfied that the development proposal relates to the whole of the block and, except as otherwise provided by this clause, no other land.
A development proposal in respect of block 1 may also relate to the whole of any one or more of the following—
(a) Lot 1, DP 787946,
(b)
Former Woolstore | ||
18 | 430–444 Wattle Street | Terraces |
15 | 498–500 Wattle Street | Vulcan Hotel |
96 | 4 Way’s Terrace | Cottage |
25 | William Henry Street | Power House Museum |
111 | 14–18 William Henry Street | Millers Self Storage |
29 | 17–59 William Henry Street | Former Woolstore (facade) |
112 | 20–36 William Henry Street | Terraces |
113 | 91–97 William Henry Street | Terraces |
28 | 103 William Henry Street | House |
100 | Escarpment Face | |
103 | Railway Cutting |
(Clause 6)
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
(a) billiards, pool or other like games, or
(b) electrically or mechanically operated amusement devices, such as pinball machines, computer or video games and the like.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
• Sydney Local Environmental Plan 2005—Central Sydney Height Map—(Amendment No 3)
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
• Sydney Local Environmental Plan 2005 (Amendment No 2) Site Identification Map (Central Sydney—Sheet 1)
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a non-government school, within the meaning of the Education Act 1990, and
(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
(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 (other than spaces used for public car parking),
(ii) the unloading or loading of vehicles, including ramps or other means of access,
(iii) storage space that is linked to a residential dwelling or serviced apartment by a strata scheme,
(iv) cinemas, recital halls, historic clubs and theatres for public use and other similar public uses or facilities,
(c) any space for the accommodation of mechanical or electrical plant or equipment servicing the building,
(d) any terraces and balconies with walls less than 1.5 metres high,
(e) void spaces in a floor,
(f) floor area set aside for communal recreational use within a residential building (not exceeding 5 per cent of the floor space area of the building, calculated on the basis that this area has not been excluded).
(a) in relation to land within Central Sydney, is defined in clause 58, or
(b) in relation to land within Ultimo-Pyrmont, means the ratio of the gross floor areas of all buildings on a site to the site area.
(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 airconditioning and ventilation ducts, and
(c) ancillary car parking and any associated internal designated vehicular and pedestrian access to it, and
(d) space for the loading and unloading of goods, and
(e) internal public areas, such as arcades, atria and thoroughfares, and terraces and balconies with outer walls less than 1,400 millimetres high.
(a) the vertical distance measured in metres to the topmost point of the building (including plant and lift overruns, but excluding communication devices and architectural roof features) from, if the building has frontage to one street, the horizontal plane at the average of the heights of ground level at each end of the street frontage of the building, or
(b) if the building has frontages to more than one street, the inclined plane at the average of the heights of ground level at each end of the highest and lowest street frontages of the building, unless paragraph (c) or (d) applies, or
(c) if the building has frontages to two streets forming a street corner, the horizontal plane at the average of the heights of ground level at each end of the higher or highest street frontage of the building, unless paragraph (d) applies, or
(d) if the building does not have a frontage to a street 10 or more metres wide, the horizontal plane at the average of the heights of ground level at each end of the street frontage of the building to the widest street to which the building has a frontage, unless paragraph (e) applies, or
(e) if the building does not have a frontage to any street, the inclined plane at the average of the heights of the existing ground level at each end of the highest and lowest sides of the site boundary.
(a) a building with floor space area that is a heritage item, or
(b) for the purposes only of the provisions of this plan relating to the award and allocation of heritage floor space, a building that the Council and the Central Sydney Planning Committee have both resolved is of sufficient heritage significance to be treated as a heritage item.
(a) in relation to land within Central Sydney, a document that contains an assessment of the heritage significance of a heritage item or a Special Area and of the extent to which a development proposal may affect the heritage significance of the heritage item or Special Area, or
(b) in relation to land within Ultimo-Pyrmont, a statement that identifies the heritage significance of a heritage item or conservation area, assesses the impact that proposed development will have on that significance and details the measures proposed to minimise that impact.
(a) a single building described in Part 1 of Schedule 8 and the site on which it is located, being a building and site shown on the Central Sydney Heritage Map, including any structure or landscape item located on or within that site, or
(b) a group of buildings described in Part 1 of Schedule 8 and the site on which they are located, being buildings and a site shown on the Central Sydney Heritage Map, including any structure or landscape item located on or within that site, or
(c) a building element described in Part 2 of Schedule 8 the location of which is identified on the Central Sydney Heritage Map, or
(d) an archaeological, townscape or landscape item described in Part 3 of Schedule 8 the location of which is identified on the Central Sydney Heritage Map.
(a) any use that would have required registration of the building under the Factories, Shops and Industries Act 1962 immediately before 3 December 1999 (when provisions requiring such registration were repealed), or
(b) the employment of persons other than those residents, or
(c) 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, grit or oil or otherwise, or
(d) the display of goods, whether in a window or otherwise, or
(e) the exhibition of any notice, advertisement or sign (other than a notice advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident), or
(f) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, or
(g) prostitution.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
(a) a pay parking space (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999), or
(b) tenant car parking.
(a) railway, light railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas, or
(d) telecommunications facilities.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
(a) any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the area of the City of Sydney, 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 the City of Sydney whether before or after its occupation by persons of non-Aboriginal extraction.
(a) publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b) a business to which section 578E of the Crimes Act 1900 applies is conducted,
but does not include a newsagency or pharmacy.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
Sydney Local Environmental Plan 2005 (810). GG No 154 of 9.12.2005, p 10134. Date of commencement, on gazettal. This plan has been amended as follows—
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.64, assent, sec 2 (2). | |
(395) | Sydney Local Environmental Plan 2005 (Amendment No 1). GG No 90 of 7.7.2006, p 5352. Date of commencement, on gazettal. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
(364) | State Environmental Planning Policy (Affordable Rental Housing) 2009. LW 31.7.2009. Date of commencement of Sch 3.10, on publication on LW, cl 2 (1). | |
(421) | Sydney Local Environmental Plan 2005 (Amendment No 4). LW 6.8.2010. Date of commencement, on publication on LW, cl 2. | |
(503) | Sydney Local Environmental Plan 2005 (Amendment No 3). LW 27.8.2010. Date of commencement, on publication on LW, cl 2. | |
(210) | Sydney Local Environmental Plan 2005 (Amendment No 2). LW 29.4.2011. Date of commencement, on publication on LW, cl 2. | |
(554) | Sydney Local Environmental Plan 2005 (Amendment No 5). LW 9.11.2012. Date of commencement, on publication on LW, cl 2. | |
(751) | Sydney Local Environmental Plan Amendment (Street Art) 2017. LW 22.12.2012. Date of commencement, on publication on LW, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.36, 15.1.2020, cl 2(1). | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(661) | Sydney Local Environmental Plan Amendment (Serviced Apartments) 2019. LW 20.12.2019. Date of commencement, on publication on LW, cl 2. | |
(667) | State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020. LW 13.11.2020. Date of commencement, on publication on LW, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(771) | Sydney Local Environmental Plan Amendment (Night Time Economy) 2022. LW 9.12.2022. Date of commencement, on publication on LW, cl 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.15, on publication on LW, sec 2(b). |
Cl 9 | Am 2019 (659), Sch 1.34[1]. |
Cl 10A | Ins 2019 (659), Sch 1.34[2]. Am 2023 (524), Sch 1.1[1]. |
Cl 11 | Am 2020 (724), Sch 2[2]. |
Cl 14 | Am 2019 (661), Sch 1.1[1]; 2023 (524), Sch 1.1[5]. |
Cl 16 | Am 2017 (751), Sch 1.6. |
Cll 18A, 18B | Ins 2019 (659), Sch 2.35. |
Cl 18C | Ins 2020 (724), Sch 3. |
Cl 18D | Ins 2022 (629), Sch 2[3]. |
Cl 18E | Ins 2022 (629), Sch 2[4]. |
Cl 39 | Am 2022 (771), Sch 1.2[1]. |
Cl 43 | Am 2006 (395), Sch 1; 2006 No 120, Sch 2.99. |
Cll 45, 46 | Am 2006 No 120, Sch 2.99. |
Cl 48 | Am 2019 (659), Sch 1.34[3]. |
Cl 49 | Am 2019 (659), Sch 1.34[4]. |
Cl 50 | Am 2010 (503), cl 4 (1). |
Cl 52A | Ins 2011 (210), Sch 1 [1]. Am 2012 (554), cl 4. |
Cl 65 | Am 2006 No 58, Sch 2.64 [1]. |
Cl 76 | Rep 2008 (571), Sch 3.168 [1]. |
Chapter 2, Part 8 | Rep 2020 (667), Sch 1.5[1]. |
Cl 80 | Rep 2020 (667), Sch 1.5[1]. |
Cl 81 | Rep 2008 (571), Sch 3.168 [1]. |
Cl 102 | Am 2008 (571), Sch 3.168 [2]. |
Cl 104 | Am 2008 (571), Sch 3.168 [3]. |
Cl 108 | Am 2021 (716), Sch 1.39[1] [2]. |
Cl 117A | Ins 2019 (661), Sch 1.1[2]. Am 2023 (664), Sch 3.15. |
Cl 118 | Am 2009 (364), Sch 3.10; 2010 (421), cl 4; 2022 (72), Sch 1.55[1]. |
Cl 119 | Rep 2022 (72), Sch 1.55[2]. |
Cl 120 | Am 2022 (72), Sch 1.55[3]. |
Cl 122 | Am 2006 No 58, Sch 2.64 [2]. |
Cl 125 | Am 2008 (571), Sch 3.168 [4]. |
Cl 126 | Rep 2008 (571), Sch 3.168 [5]. |
Sch 2 | Am 2006 No 58, Sch 2.64 [3]. |
Sch 7 | Rep 2020 (667), Sch 1.5[2]. |
Sch 8 | Am 2006 No 58, Sch 2.64 [4]. |
Dictionary | Am 2010 (503), cl 4 (2); 2011 (210), Sch 1 [2]; 2019 (621), Sch 2.36; 2022 (771), Sch 1.2[2]. |
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