Sydney Local Environmental Plan 2012 (Amendment No 52) (2021-207) LW 30 April 2021 (NSW)

New South Wales

Sydney Local Environmental Plan 2012

(Amendment No 52)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

MALCOLM McDONALD

As delegate for the Minister for Planning and Public Spaces

Sydney Local Environmental Plan 2012 (Amendment No 52) [NSW]

Sydney Local Environmental Plan 2012 (Amendment No 52)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Sydney Local Environmental Plan 2012 (Amendment No 52).

2      Commencement

This Plan commences on 1 July 2021 and is required to be published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to land to which Sydney Local Environmental Plan 2012 applies.

4      Maps

The maps adopted by Sydney Local Environmental Plan 2012 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Sydney Local Environmental Plan 2012 (Amendment No 52) [NSW] Schedule 1 Amendment of Sydney Local Environmental Plan 2012

Schedule 1

Amendment of Sydney Local Environmental Plan

2012

[1]      Clause 1.8A Savings provisions relating to development applications

Insert after clause 1.8A(3)—

(4)

A development application that has not been finally determined before the commencement of Sydney Local Environmental Plan 2012 (Amendment No

52) must be determined as if that Plan had not commenced if the application

is in relation to development—

(a)	on land in Central Sydney, or
(b)	on residual land within the meaning of clause 7.13.

[2]      Clause 1.9 Application of SEPPs

Insert at the end of clause 1.9(2A)(c)—

, or

(d) land in Central Sydney.

[3]      Clause 7.13 Contribution for purpose of affordable housing

Omit clause 7.13(1) and (2). Insert instead—

(1)	This clause applies to the following development—
(a) development on land at Green Square or Ultimo-Pyrmont, or on southern employment land or residual land that involves—

(i)      the erection of a new building the gross floor area of which is more than 200 square metres, or

(ii)      alterations to an existing building that will result in the creation of more than 200 square metres of gross floor area that is intended to be used for the purpose of residential accommodation, or

(iii)      alterations to an existing building that will result in the creation of more than 60 square metres of gross floor area that is intended to be used for a purpose other than residential accommodation, or

(iv)      the demolition of existing floor area and the subsequent creation, whether for the same or a different purpose, of more than 200 square metres of gross floor area,

(b)

development on land at Green Square or Ultimo-Pyrmont, or on southern employment land, that involves a change of use of more than 60 square metres of existing floor area of a building,

(c)

development on residual land that involves a change of use of existing floor area from other than residential accommodation to residential accommodation or tourist and visitor accommodation,

(d)

development on land at Central Sydney that involves—

(i)	the creation of more than 100 square metres of gross floor area, or
(ii)	the demolition of existing floor area and the subsequent creation, whether for the same or a different purpose, of more than 100 square metres of gross floor area, or

(iii) a change of use of existing floor area from other than residential accommodation to residential accommodation or tourist and visitor accommodation.

Sydney Local Environmental Plan 2012 (Amendment No 52) [NSW] Schedule 1 Amendment of Sydney Local Environmental Plan 2012

(2) The consent authority may, when granting development consent to development to which this clause applies, impose a condition requiring a contribution equivalent to the applicable affordable housing levy

contribution for the development provided for in subclause (2A), (2B) or

(2C).

(2A)

The affordable housing levy contribution for development on land at Green

Square or on southern employment land is—

(a)	3% of the total floor area of the development that is intended to be used for residential purposes, and
(b)	1% of the total floor area of the development that is not intended to be used for residential purposes.

(2B)

The affordable housing levy contribution for development on land at

Ultimo-Pyrmont is—

(a)	0.8% of the total floor area of the development that is intended to be used for residential purposes, and
(b)	1.1% of the total floor area of the development that is not intended to be used for residential purposes.

(2C)

The affordable housing levy contribution for development on land at Central

Sydney or on residual land is as follows—

(a) for development applications lodged before 1 July 2022—

(i)      1.5% of the total floor area of the development that is intended to be used for residential purposes, and

(ii)      0.5% of the total floor area of the development that is not intended to be used for residential purposes,

(b)

for development applications lodged on or after 1 July 2022—

(i)	3% of the total floor area of the development that is intended to be used for residential purposes, and
(ii)	1% of the total floor area of the development that is not intended to be used for residential purposes.

[4]      Clause 7.13(3)

Omit “section”. Insert instead “clause”.

[5]      Clause 7.13(3)(a)

Omit “of not less than 50 square metres”.

Insert instead “of not less than 35 square metres and not more than 90 square metres”.

[6]      Clause 7.13(4)(a) and (b)

Omit clause 7.13(4)(a)–(b). Insert instead—

(a) for development on land at Ultimo-Pyrmont—the Revised City West

Affordable Housing Program published by the Department in June

2010, or

Note— The Program is made available by the Department on the Department’s

website.

(b) for development on land at Green Square or Central Sydney, or on southern employment land or residual land—the City of Sydney

Affordable Housing Program adopted by the Council on 24 August

2020.

Sydney Local Environmental Plan 2012 (Amendment No 52) [NSW] Schedule 1 Amendment of Sydney Local Environmental Plan 2012

Note— The Program is made available by the Council on its website

(

[7]      Clause 7.13(6)

Omit the subclause. Insert instead—

(6)

In this clause—

residual land means the land identified as “Residual Land” on the Locality

and Site Identification Map.

total floor area means the total of the areas of each floor of a building within

the outer face of the external enclosing walls and including balconies, but

excluding the following—

(a)	columns, fins, sun control devices, awnings and other elements, projections or works outside the general lines of the outer face of the external walls,
(b)	that part of a balcony that exceeds the minimum area required by the consent authority in respect of the balcony,
(c)	ancillary car parking permitted by the consent authority and associated internal vehicular and pedestrian access to that car parking,
(d)	space for the loading and unloading of goods,
(e)	the floor area of a building, including balconies, that is—

(i)      on land in Zone IN1 General Industrial, or

(ii)      used to provide affordable housing or public housing, or

(iii)      used for the purpose of community facilities.