Willoughby Local Environmental Plan 2012 (Amendment No 15) (2021-99) LW 5 March 2021 (NSW)

New South Wales

Willoughby Local Environmental Plan 2012

(Amendment No 15)

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

Willoughby Local Environmental Plan 2012 (Amendment No 15) [NSW]

Willoughby Local Environmental Plan 2012 (Amendment No 15)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Willoughby Local Environmental Plan 2012 (Amendment No 15).

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 certain land at Walter Street and Willoughby Road, Willoughby.

4      Maps

The maps adopted by Willoughby 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.

Willoughby Local Environmental Plan 2012 (Amendment No 15) [NSW] Schedule 1 Amendment of Willoughby Local Environmental Plan 2012

Schedule 1	Amendment of Willoughby Local Environmental
Plan 2012

[1] Clause 6.8 Affordable housing

Insert “or “Area 9” ” after “as “Area 3” ” in clause 6.8(2).

[2]      Clause 6.8(7)

Omit the subclause. Insert instead—

(7)

In this clause—

accountable total floor space means the following—

(a)	for development on land identified as “Area 3” on the Special Provisions Area Map—the gross floor area of the residential component of the development, excluding the residential floor space of the development that is used for affordable housing,
(b)	for development on land identified as “Area 9” on the Special Provisions Area Map—the gross floor area of the part of the development used for residential accommodation.

[3]      Clause 6.10 Minimum lot sizes for attached dwellings, dual occupancies, multi

dwelling housing, residential flat buildings and secondary dwellings

Omit clause 6.10(4)(g). Insert instead—

(g)	1,640 square metres for land at 29a, 29 and 31 Walter Street, Willoughby, being Lots 100 and 101, DP 857252 and Lot 28, DP 977055,
(h)	7,960 square metres for land in Willoughby described in the table to this paragraph—

Column 1	Column 2
Address	Description
1 Walter Street	Lot 1, DP 1084753
1A Walter Street	Lot 12, DP 129153
3 Walter Street	Lot 2, DP 1161181
5 Walter Street	Lot 3, DP 150607
7 Walter Street	Lot 2, DP 150607
9 Walter Street	Lot 1, DP 150607
11a Walter Street	Lot 1, DP 590018
11 Walter Street	Lot 2, DP 590018
13a Walter Street	Lot 361, DP 1032203
13 Walter Street	Lot 362, DP 1032203
452 Willoughby Road	Lot 11, DP 129153
454 Willoughby Road	Lot 1, DP 178528
456 Willoughby Road	Lot 1, DP 75133
458 Willoughby Road	Lot 1, DP 81135
460 Willoughby Road	Lot 1, DP 1161181

Willoughby Local Environmental Plan 2012 (Amendment No 15) [NSW] Schedule 1 Amendment of Willoughby Local Environmental Plan 2012

Column 1	Column 2
Address	Description
462 Willoughby Road	Lot 2, DP 586037

(i)      4,969 square metres for land in Willoughby described in the table to this paragraph—

Column 1	Column 2
Address	Description
15 Walter Street	Lot 35, DP 1037751
17 Walter Street	Lot 34, DP 1037751
19 Walter Street	Lot 33, DP 508777
Remnant strip of reserve between 19 and	Lot 1, DP 1239384
21 Walter Street
21 Walter Street	Lot 1, DP 166910
23 Walter Street	Lot 2, DP 166910
25 Walter Street	Lot 1, DP 168467
27 Walter Street	Lot 30, DP 977055

[4]      Part 6 Additional local provisions

Insert at the end of the Part, with appropriate clause numbering—

Design excellence at certain sites at Willoughby

(1)

The objective of this clause is to deliver the highest standard of architectural,

urban and landscape design.

(2)

This clause applies to development involving the erection of a new building or external alterations to an existing building on land identified as “Area 12” on the Special Provisions Area Map.

(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.

(5)

The consent authority must also have regard to how the development

addresses the following matters—

(a)	the suitability of the land for development,
(b)	existing and proposed uses and use mix,
(c)	heritage and streetscape constraints,

Willoughby Local Environmental Plan 2012 (Amendment No 15) [NSW] Schedule 1 Amendment of Willoughby Local Environmental Plan 2012

(d)	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,
(e)	bulk, massing and modulation of buildings,
(f)	street frontage heights,
(g)	environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(h)	achieving the principles of ecologically sustainable development,

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

(j)	the impact on, and proposed improvements to, the public domain,
(k)	the impact on special character areas,
(l)	achieving appropriate interfaces at ground level between the building and the public domain,
(m)	excellence and integration of landscape design.

(6)

In addition, development consent must not be granted to development to

which this clause applies unless—

(a) for a building that is less than 35 metres above ground level (existing)—

(i)      a design excellence panel reviews the development, and

(ii)      the consent authority takes into account the findings of the design excellence panel, or

(b)

for a building that is, or exceeds, 35 metres above ground level (existing)—

(i)	an architectural design competition has been held in relation to the development, and
(ii)	the design of the development is the winner of the architectural design competition.

(7)

If the consent authority is satisfied that the holding of an architectural design competition for a building that is, or exceeds, 35 metres above ground level (existing) is unreasonable or unnecessary in the circumstances of the development—

(a)	subclause (6)(b) does not apply, and
(b)	development consent must not be granted for the development unless—

(i)      a design excellence panel reviews the development, and

(ii)      the consent authority takes into account the findings of the design excellence panel.

(8)	In this clause—
architectural design competition means a competitive process conducted in
accordance with the Design Excellence Guidelines.
Design Excellence Guidelines means the guidelines entitled Guidelines for Design Excellence Review and Competitions, published by the Council on
9 December 2019.
design excellence panel means a panel, consisting of 2 or more persons,
established by the consent authority for the purposes of this clause.