New South Wales Consolidated Regulations

HOLROYD LOCAL ENVIRONMENTAL PLAN 1991 - REG 37A

37A Development within the Merrylands Town Centre

(1) The objectives for the redevelopment of the Merrylands Town Centre (the "Town Centre") are as follows:

(a) the provision of an active town centre where walking is encouraged by requiring future development to activate the street with quality design and provide for at grade pedestrian connectivity,

(b) the promotion of public transport use and cycling, and the reduction of reliance on private car travel,

(c) the provision of clear and direct pedestrian linkages within the Town Centre and to the Merrylands Transport Interchange, the Neil Street Precinct, the neighbouring residential areas, and Holroyd Gardens,

(d) the maintenance and enhancement of a primary north-south pedestrian corridor, from Memorial Avenue through to Neil Street,

(e) the facilitation of mixed use development (in addition to retail, commercial and other permitted development) within the Town Centre that comprises:

(i) retail and commercial uses at grade, and

(ii) residential or commercial development (or both) above that development,

(f) the improvement of traffic flow through the Town Centre by:

(i) restricting the egress and ingress of vehicular traffic onto Merrylands Road from private properties (including from private parking places or areas), and

(ii) requiring the provision of laneways and rear private access ways for sites fronting Merrylands Road,

(g) the provision of a variety of dwelling sizes within the residential component of buildings to encourage community diversity,

(h) that any proposed development responds to:

(i) site opportunities and constraints, and

(ii) the need for high quality public spaces,

(i) any proposed building in the Town Centre, regardless of its use, being of a quality design, such that the design:

(i) responds and contributes to its context, being the key natural and built features of the area, and

(ii) provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings, and

(iii) achieves an appropriate built form for the site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements, and

(iv) has a density appropriate for the site and its context, in terms of floor space yields (or number of units or residents), and

(v) makes efficient use of natural resources, energy and water throughout the building’s full life cycle, including construction, and

(vi) recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain, and

(vii) provides amenity through the physical, spatial and environmental quality of the development, and

(viii) optimises safety and security, both internal to the development and for the public domain, and

(ix) responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities, and

(x) provides quality aesthetics that:

(A) require an appropriate composition of building elements, textures, materials and colours, and

(B) reflect the use, internal design and structure of the development,

(j) that the proposed development does not:

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

(ii) hinder the attainment of mixed use development in the Town Centre,

(k) the redevelopment of the Town Centre is undertaken in a way that promotes the principles of ecologically sustainable development,

(l) the proposed development will maintain the concentration of civic and public uses within the Town Centre,

(m) the proposed redevelopment of the Town Centre provides opportunities for and attract the clustering of commercial offices and professional suites close to the train station.

(2) The consent authority must not consent to the carrying out of any development within the Town Centre unless it has considered each of the objectives for the redevelopment of the Town Centre (as set out in subclause (1)) that are relevant to the development.

(3) Clause 35 (Development standards-floor space ratios) does not apply to land within the Town Centre.

(4) Clause 35A (Development near zone boundaries) does not apply to land within the Town Centre.

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

(a) shopfronts (existing or potential) on the southern sides of Merrylands Road or McFarlane Street receive at least two hours of direct sunlight between 12pm and 3pm on 21 June (as measured up to a height of 1.5m), and

(b) the north facing sides, above the third storey, of buildings (existing or potential) receive at least three hours of direct sunlight between 9am and 5pm on 21 June.

(6) The height of a building or structure on any land within the Town Centre is not to exceed the maximum height shown for the land on the height map-Merrylands Town Centre.

(7) A building must not be erected on land within the Town Centre if the building will have a floor space ratio in excess of that identified for the land on the floor space ratio map-Merrylands Town Centre.