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
(a) that has no, or no substantial, connection to the development
(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
"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.
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
(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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