New South Wales Consolidated Regulations

HOLROYD LOCAL ENVIRONMENTAL PLAN 1991 - REG 37

37 Development within the Neil Street Precinct

(1) The consent authority must not consent to the carrying out of any development within the Neil Street Precinct unless it is satisfied that the proposed development is consistent with such of the following objectives for the redevelopment of the Precinct as are relevant to the development:

(a) the provision of drainage for stormwater and the provision of overland flow paths to manage existing flooding constraints within the Precinct,

(b) the provision of residential development that is adjacent to the Merrylands Transport Interchange and supports revitalisation of Merrylands Town Centre,

(c) the provision of road links that provide for the following:

(i) improved circulation of vehicular and pedestrian traffic throughout the precinct and Merrylands Town Centre,

(ii) direct and efficient vehicular access and pedestrian connectivity that provide a high level of amenity and links to Holroyd Gardens, Merrylands Town Centre and Merrylands Transport Interchange,

(iii) an overland flow path for stormwater to provide an opportunity to reduce flood levels in the Precinct,

(d) in the case of development comprising the erection of a building-that consideration has been given, in the design of the development, to the principles referred to in Part 2 of State Environmental Planning Policy No 65-Design Quality of Residential Flat Development ( "SEPP 65"), whether or not the development is development to which SEPP 65 applies,

(e) the provision of the following (other than in the vegetated riparian zone referred to in paragraph (k)):

(i) an integrated cycleway network from the Merrylands Transport Interchange to Parramatta,

(ii) the extension of regional cycle and pedestrian networks connecting Parramatta and Merrylands Town Centres,

(f) the provision of a variety of dwelling sizes within apartment buildings to encourage community diversity,

(g) that any proposed development responds to the following:

(i) site opportunities and constraints,

(ii) the need for high quality public spaces,

(h) that proposed development does not:

(i) detract from potential future economic development within the Precinct or of land adjoining the Precinct, or

(ii) hinder the attainment of a mixed residential and commercial Precinct,

(i) the redevelopment of the Precinct in a way that promotes the principles of ecologically sustainable development,

(j) that redevelopment downstream of Neil Street Bridge supports the achievement of the following:

(i) a creek system that behaves as, and has the appearance of, a natural creek system,

(ii) the carrying of dry weather flows by the creek.

(k) that the land on either side of A’Becketts Creek is to comprise a vegetated riparian zone, having a width, as measured from one side of the Creek to the other, of at least 19 metres, with the vegetation replicating, as far as is possible, the density, species diversity and community structure of locally indigenous vegetation alongside the Creek.

(2) The consent authority must not consent to the carrying out of any development within the Precinct, unless a contributions plan has been approved for the Precinct under section 94B of the Act.

(3) Despite subclause (2), nothing in this plan prevents the consent authority from consenting to the carrying out of the following kinds of development within the Precinct:

(a) complying development,

(b) demolition,

(c) development for the purpose of any of the following if the consent authority is of the opinion that the development is necessary to enable, or appropriate to, the facilitation of the redevelopment of the Precinct in accordance with this plan:

(i) roads,

(ii) stormwater drainage,

(iii) recreation areas,

(iv) landscaping,

(v) gardening,

(vi) public art,

(vii) public amenities,

(viii) parking,

(ix) footpaths or cycleways.

(4) The consent authority must not consent to the erection of a building or the carrying out of works within the Precinct if the consent authority is of the opinion that the erection of the building or the carrying out of those works would increase the impact of flooding on people or property (or both) within, or in the vicinity of, the Precinct.

(5) The consent authority must not consent to the erection of a building within the Precinct unless it is satisfied that the building will not cause any significant overshadowing of:

(a) public open spaces, or

(b) any part of a building that is intended (or has been designed to be converted) for residential use.

(6) Clause 35 (Development standards-floor space ratios) does not apply to land within the Precinct.

(7) The maximum number of storeys for buildings, excluding any basement used for car parking, laundries or storerooms, within the Precinct is identified on the height map-Neil Street Precinct.

(8) In this clause:
"basement" means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
"ground level (existing)" means the existing level of a site at any point.
"storey" means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic.