The Hills Local Environmental Plan 2012 (Amendment No 43) (2017-637) LW 17 November 2017 (NSW)

New South Wales

The Hills Local Environmental Plan 2012

(Amendment No 43)

under the

Environmental Planning and Assessment Act 1979

The Greater Sydney Commission makes the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

MICHAEL EDGAR, GENERAL MANAGER, THE HILLS SHIRE COUNCIL

As delegate for the Greater Sydney Commission

The Hills Local Environmental Plan 2012 (Amendment No 43)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is The Hills Local Environmental Plan 2012 (Amendment No 43).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to the land to which The Hills Local Environmental Plan 2012 applies.

4      Maps

The maps adopted by The Hills Local Environmental Plan 2012 are amended or

replaced, as the case requires, by the maps approved by the Greater Sydney

Commission on the making of this Plan.

Schedule 1

Amendment of The Hills Local Environmental

Plan 2012

Clause 7.7

Omit the clause. Insert instead:

7.7	Design excellence
(1) The objective of this clause is to deliver the highest standard of architectural and urban design. (2) This clause applies to development involving the erection of a new building or

external alterations to an existing building if the building has a height of

25 metres or more.

(3)

Development consent must not be granted to development to which this clause

applies unless the consent authority considers that the development exhibits

design excellence.

(4)

In considering whether the 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, arrangement and external appearance of the

development will improve the quality and amenity of the public

domain,

(c)	whether the development detrimentally impacts on view corridors,
(d)	whether the development detrimentally impacts on any land protected by solar access controls established under a development control plan,
(e)	the requirements of any development control plan to the extent that it is relevant to the proposed development,
(f)	how the development addresses the following matters:

(i)      the suitability of the land for development,

(ii)      existing and proposed uses and use mix,

(iii)      heritage issues and streetscape constraints,

(iv)      the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v)      bulk, massing and modulation of buildings,

(vi)      street frontage heights,

(vii) environmental impacts such as sustainable design,

overshadowing, wind and reflectivity,

(viii)      the achievement of the principles of ecologically sustainable development,

(ix)      pedestrian, cycle, vehicular and service access, circulation and requirements,

(x)      the impact on, and any proposed improvements to, the public domain,

(xi)      the configuration and design of public access areas, recreation areas and communal open space on the site and whether that design incorporates exemplary and innovative treatments,

(g)

the findings of a panel of 3 or more persons that has been convened by

the consent authority for the purposes of reviewing the design

excellence of the development proposal.