New South Wales Consolidated Regulations

BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - REG 12

12 Floor space ratios

(1) The Council may only consent to the erection of a building if the ratio of the gross floor area of the building to the site area of the land on which the building is to be erected does not exceed:

(a) 0.5:1 within Zone No 2 (b),

(b) 1:1 within Zone No 3 (a), and

(c) 1:1 within Zone No 4 (a), 4 (b), 4 (b1), 4 (c1) and 4 (c2).

(2) Notwithstanding the provisions of subclause (1), the Council may consent to the carrying out of residential development on land within Zone No 2 (b) to a maximum floor space ratio of 1:1 where the allotment exceeds 2,500 sq m, and where it is of the opinion that:

(a) the proposed development will satisfy the primary objective of the zone,

(b) the scale of the proposed development, if above 2 storeys in height, is compatible with the scale of existing residential development in the locality,

(c) the architectural character and design of the proposed development does not adversely affect existing residential development in the locality,

(d) the provision of off-street parking for residents and visitors adequately meets the needs of the development,

(d1) the provision of on-site car parking does not dominate or detract from the appearance of the proposed development or the streetscape,

(e) the provision of private and communal open space on the site is adequate for the proposed development,

(e1) the proposed development includes landscaping that screens and softens the visual effect of the buildings on the site, and creates useable and comfortable open space areas,

(f) the environmental amenity of the proposed development and of the immediate locality includes measures to confine or reduce noise and to maintain privacy,

(g) the proposed development ensures adequate sunlight, ventilation and privacy to its residents, to residents of adjoining development and to users of nearby public and private open space,

(h) the proposed development makes provision for the adequate absorption of stormwater, and includes deep root zones for tree planting,

(i) the proposed development incorporates pedestrian links at points where they are most prominently and safely connected to the existing street and pedestrian network, and

(j) the proposed development provides a safe and secure environment for its residents.

(3) Notwithstanding the provisions of subclause (1), the Council may consent to the carrying out of commercial development (other than that referred to in subclause (4)) and airport related development, but not including industry, on land within Zone No 4 (c1) or 4 (c2) to a maximum floor space ratio of 1.5:1.

(4) Notwithstanding the provisions of subclauses (1) and (3), the Council may consent to the carrying out of development for the purposes of hotels, motels and freestanding office complexes on land within Zone No 4 (c2) (consisting of an allotment that exceeded 4,000 sq m on 7 May 1993) to a maximum floor space ratio of 2.5:1, if the Council is satisfied that:

(a) adequate off-street parking will be provided to meet the needs of the development,

(b) the site will be landscaped to a high standard which will enhance the visual amenity of the locality, and

(c) the development will be of a high architectural standard and will enhance the visual amenity of the locality.

(5) Notwithstanding the provisions of subclauses (1), (3) and (4), the Council may consent to the erection of a building on the land to which this subclause applies where the Council is of the opinion that it will be used for the purpose of commercial premises and the ratio of the total of the gross floor areas of the building and the existing buildings on Lots 1 and 2, DP 792885 and Part Lot 51, DP 805038 to the area of land in those parcels does not exceed 2.6:1. The land to which this subclause applies is shown by heavy black edging on Plan No 1/53 deposited in the office of the Council.

(6) Notwithstanding the provisions of subclause (1), the Council may consent to the carrying out of residential development on land shown coloured light scarlet and edged red on the map marked “ Botany Local Environmental Plan 1995 (Amendment No 3) ” to a maximum floor space ratio of 1:1.