New South Wales Consolidated Regulations

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SYDNEY LOCAL ENVIRONMENTAL PLAN 2005 - REG 58

Calculation of floor space ratio and maximum floor space area

58 Calculation of floor space ratio and maximum floor space area

Note: This clause explains how to calculate the floor space area and floor space ratio of buildings on a site to ensure that the total of the floor space area in buildings does not exceed the maximum that is allowed by this plan.
The clause is intended to define site areas, and to make other provisions, so as to allow reasonable and equitable sharing of floor space in buildings and, in particular, to prevent an artificial increase in the maximum floor space area allowed in a building through the manipulative addition to its site area of land:
(a) that has no, or no substantial, connection to the development proposed, or
(b) that has already been included as part of a site area to obtain floor space in another building.
(1) Floor space ratio The "floor space ratio" of buildings on a site is the ratio of the total floor space area of all buildings within the site to the site area.
(2) Site area In applying a floor space ratio for the purpose of determining a development application, the "site area" is taken to be:
(a) if the application proposes development on only one lot, the area of that lot after excluding any land that is a street, a public place, a public reserve or community land, or
(b) if the application proposed development on two or more lots, the largest area of contiguous land on which the development is proposed, excluding any land that is a street, a public place, a public reserve or community land, or
(c) despite paragraphs (a) and (b), if the proposed development is only on land comprised of a street, a public place, a public reserve or community land (or any combination of them), so much of that land as will be occupied by a building that will be erected or physically affected by the proposed development.
(3) Excluded land The following land must be excluded from the site area:
(a) land on which the proposed development is not allowed, whether by this plan or a covenant or for any other reason,
(b) any land that is the site of a building that is a heritage item, if:
(i) heritage floor space has been awarded under this plan in relation to the building, or
(ii) the consent authority is not satisfied that the item will be restored, where the condition of the building is such as to require restoration, in accordance with a conservation management plan approved by the Council.
(4) The consent authority may exclude from the site area land that is the site of an existing building (not being a heritage item) that was erected more than 10 years before the making of the development application concerned and that is proposed to be retained after the proposed development has been carried out, if the consent authority is not satisfied that the building will be appropriately refurbished or otherwise upgraded to a reasonable condition within a reasonable time, which may require provision or enhancement of access to, or across the site of, the building for pedestrians or vehicles, or both.
(5) Land divided in strata An area within a lot wholly or partly superimposed on another lot is not to be included more than once in calculating a site area.
(6) In applying a floor space ratio to a site, all floor space area within the vertical projection of the boundaries of a site is to be included in the calculation, whether or not the development application relates to all of the buildings in which that floor space area is situated.
(7) Covenants to prevent “double dipping” When consent is granted to the erection of a building on a development site comprised of two or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor space area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor space area will be created on another lot only because the site included the restricted lot.
(8) Covenants affect consolidated sites If:
(a) a covenant of the kind referred to in subclause (7) registered before or after the commencement of this clause applies to any land ( "affected land"), and
(b) a development application relates to the affected land and other land that together comprise a development site,
the maximum amount of floor space area allowed on the other land by the floor space ratio fixed for the development site by this plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(9) Definitions In this clause:
"community land" has the same meaning as in the Local Government Act 1993 .
"lot" means a lot in a current plan, within the meaning of the Conveyancing Act 1919 .
"site", in relation to a development application, means the land to which the application relates.
(10) A reference in this clause to a building includes a reference to existing buildings and a proposed building or proposed buildings, and any combination of them.



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