New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 42B

42B Development in Zones Nos 2 (c) and 2 (g) at The Entrance

(1) This clause applies to the land within Zone No 2 (c) or 2 (g) shown edged heavy black on the building height map.

(2) The objective of this clause is to facilitate the construction of larger scale buildings on amalgamated land parcels in a form that is consistent with the natural topography of the land, and where it can be demonstrated to the Council’s satisfaction that the potential impacts associated with such development would be within acceptable limits.

(3) In the case of development on land within Zone No 2 (g), any permanent residential accommodation to be provided within the buildings on that land is to occupy less than fifty percent of the gross floor area of all of the buildings on that land.

(4) For the purposes of this clause, a "building height" is the vertical distance from natural ground level at any point within a building to the top-most ceiling of the building directly above that point.

(5) For the purposes of this clause, "medium or high-rise building" means a building with a building height greater than 10 metres, but no building height of which at any point exceeds the height nominated for the land at that point on the building height map, on a parcel (or parcels) of land greater than 1,800 square metres in total area.

(6) The Council may consent to the erection of a medium or high-rise building on the land to which this clause applies, but only where it is satisfied that:

(a) having regard to the future neighbourhood character, the proposed building will not be visually intrusive by way of its bulk, scale, design or colour, and

(b) the proposed building will not unreasonably overshadow any public space or adjacent residential area or significantly impact on privacy or views, and

(c) any roof structure over and above the height nominated for the land beneath it on the building height map is designed and incorporated into the building in a way that is both interesting and attractive, and

(d) an assessment of the effects (including cumulative effects) of windtunnelling has been made and that the wind impacts will be within acceptable limits, and

(e) due regard has been given in the design to any other matters that may be specified in a development control plan applying to the land.

(7) Buildings with a building height in excess of 10 metres in height on a parcel (or parcels) of land having a total area of 1,800 square metres or less, are prohibited.

(8) State Environmental Planning Policy No 1-Development Standards does not apply to height requirements for buildings on land to which this clause applies.