New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1989 - REG 14A

14A Residential flat buildings in Zone No 2 (c)

(1) A residential flat building shall not be erected on land in Zone No 2 (c) if:

(a) any principal building on adjoining land is less than 3 storeys measured vertically above any point at natural ground level, or

(b) well founded objections, in the opinion of the Council, have been raised by persons likely to be affected by the proposed residential flat building, or

(c) attached dwellings could reasonably be erected on the site in a manner which would enable the occupants of those dwellings to enjoy reasonable sunshine and privacy.

(2) A residential flat building shall not be erected on land in Zone No 2 (c) if the building has more than 3 storeys measured vertically above any point at natural ground level.

(3) In subclause (1) (a), "adjoining land", in relation to a parcel of land, means:

(a) land which immediately adjoins any boundary of the parcel of land, or

(b) land which is separated from the parcel of land by a driveway, right-of-way or accessway (not including a public road or public footpath).

(4) For the purposes only of subclause (1) (a), but not otherwise, the erection of a residential flat building does not include the making of alterations and additions to an existing residential flat building where the alterations and additions:

(a) do not cause any material loss of views from other properties or public places, and

(b) do not cause any material overshadowing of other properties or public places, and

(c) do not cause any material loss of privacy to other properties, and

(d) do not increase the number of storeys of the existing residential flat building, except where an additional storey to a 2 storey residential flat building is compatible with the height and scale of buildings on adjoining land, and

(e) do not decrease the landscaped area of the existing residential flat building below the 60% requirement under clause 13A, or do not decrease the landscaped area (where the existing landscaped area is below the 60% requirement).

In this subclause, "existing residential flat building" means a residential flat building which lawfully existed at the date of lodgement of the development application seeking consent for alterations and additions allowed by the operation of this subclause.