New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1989 - REG 59

59 267-283 Miller Street, North Sydney

(1) This clause applies to the land known as 267-283 Miller Street, North Sydney, being:

• Lots 1 and 2 in DP 781665 and Lot 1 in DP 385777 (known as No 267 Miller Street),

• Lot 1 in DP 362684 (known as No 269 Miller Street and currently occupied by the Independent Theatre), and

• Lot 1 in DP 600825 and the public road vested in the Council and adjacent to Lot 1 in DP 600825 (known as 283 Miller Street).

(2) A person may, with the consent of the Council, carry out development on the land known as No 267 Miller Street for the following additional purposes:

refreshment rooms; shops not exceeding 100 square metres in floor area,

as long as the floor space ratio of so much of the gross floor area of any building or buildings on that land as is used for the purposes of shops or refreshment rooms, or both, will not exceed 0.5:1.

(3) A person may, with the consent of the Council, carry out development on the land known as Nos 269-283 Miller Street for the following additional purposes:

hotel; recreation facilities.

(4) The Council is not to grant consent, after the expiration of a period of 2 years from the date on which North Sydney Local Environmental Plan 1989 (Amendment No 5) took effect, to the carrying out of development in accordance with subclause (2) or (3).

(5) The Council is not to grant consent to the carrying out of development on land to which this clause applies in accordance with subclause (2) or (3) unless:

(a) the proposed development is to be carried out contemporaneously with the conservation and refurbishment of the Independent Theatre,

(b) it is satisfied that the proposed development will facilitate the conservation and refurbishment of the Independent Theatre,

(c) each building proposed to be erected will contain not more than 5 storeys measured vertically above natural ground level at the Miller Street frontage of that land, and

(d) no part of any building proposed to be erected will exceed a building height plane projected from the centre-line of Miller Street, Ridge Street or Elliott Street, or from the boundary between 263 and 265 Miller Street.