New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2001 - REG 18

18 Building height plane

(1) Building height plane objectives The specific objectives of the building height plane controls are to:

(a) control the bulk and scale of buildings, and

(b) provide separation between buildings, and

(c) preserve the amenity of existing dwellings and provide amenity to new dwellings in terms of shadowing, privacy, views, ventilation and solar access.

(2) Building height plane control in residential A1, A2, B and F zones A building must not be erected in the residential A1, A2, B or F zone if any part of the building will exceed a building height plane, commencing at 1.8 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site.

(3) Building height plane control in residential C zone A building must not be erected in the residential C zone if any part of the building will exceed a building height plane:

(a) commencing at 3.5 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site, or

(b) commencing at 1.8 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site that adjoins land within the residential A1, A2, B or F zone or open space zone, or from the centre of any road that separates the land from land within the residential A1, A2, B or F zone or open space zone.

(3A) Building height plane control in residential D zone A building must not be erected in the residential D zone if any part of the building will exceed a building height plane:

(a) commencing 1.8 metres above existing ground level, and projected at an angle of 45 degrees, from all points from each of the boundaries of the site that adjoin land within the residential A1, A2, B, or F zone or open space zone, or

(b) commencing 1.8 metres above existing ground level, and projected at an angle of 45 degrees, from the centre of any road that separates the land from land within the residential A1, A2, B, or F zone or open space zone, or

(c) commencing 3.5 metres above existing ground level, and projected at an angle of 45 degrees, from all points from each of the boundaries of the site that adjoin land within the residential C zone, or

(d) commencing 3.5 metres above existing ground level, and projected at an angle of 45 degrees, from the centre of any road that separates the land from land within the residential C zone.

(4) Building height plane control where maximum height on map The building height plane does not apply to apartment buildings in those areas where the permissible building height is greater than 12 metres, as indicated on the map.

(5) Building height performance criteria Consent must not be granted pursuant to State Environmental Planning Policy No 1-Development Standards for the erection of a building any part of which exceeds a building height plane set by this clause if the building would materially:

(a) overshadow any existing or new property, or

(b) reduce the level of privacy to any existing or new property, or

(c) obstruct views from any existing or new property, or

(d) obstruct daylight or ventilation to any existing or new property.