New South Wales Consolidated Regulations

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 - REG 26AAA

26AAA Development on certain land in Narwee

(1) This clause applies to land in Narwee as shown coloured light pink and green on the map marked “ Hurstville Local Environmental Plan 1994 (Amendment No 64) ” deposited in the office of the council.

(2) Notwithstanding any other provision of this plan, development for the purposes of loft houses and studios may be carried out on the land to which this clause applies that is within Zone No 2 (Residential Zone), but only with the consent of the council.

(3) Clause 11 does not apply in respect of development for residential purposes on the land to which this clause applies.

(4) The council must not grant consent to development for the purposes of a residential subdivision of the land to which this clause applies unless satisfied that:

(a) adequate provision has been made in respect of means of access to and within the land via public roads, and

(b) the subdivision makes provision for the boundaries of the land within Zone 6 (a) (Open Space Zone).

This subclause applies only to the first grant of consent after the commencement of this clause.

(5) The council must not grant consent to development for residential purposes on land to which this clause applies if the proposed development would result in:

(a) more than a total of 90 separately titled dwellings being located on that land, including a maximum of 18 loft houses, but excluding any studios, and

(b) more than a total of 5 studios being located on that land,

unless the council is satisfied that the proposed development constitutes a minor variation to the limits specified in paragraphs (a) and (b) and that the proposed development is not inconsistent with the aims of Hurstville Local Environmental Plan 1994 (Amendment No 64) .

(6) Development for the purposes of providing rainwater or stormwater detention (or both) in association with residential development (including ancillary development and any subdivision for that purpose) may be carried out on the land to which this clause applies that is zoned 6 (a) (Public Open Space), but only with development consent.

(7) The council must not grant consent to development for residential, subdivision or open space purposes on the land to which this clause applies unless it is satisfied that the land is suitable, or will be suitable following the remediation of contamination on the site, for residential, subdivision or open space purposes.

(8) In this clause:
"loft house" means a self contained dwelling, comprised as a separate lot which is located above an existing or proposed garage, but does not include a type of dwelling elsewhere defined in this plan.
"studio" means a self contained dwelling, which is comprised in the same title as the dwelling to which the studio relates and which has a maximum gross floor area of 42m 2 and is located above an existing or proposed garage, but does not include a type of dwelling elsewhere defined in this plan.