New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 42C

42C Development in Zones Nos 3 (a) and 3 (d) at The Entrance

(1) This clause applies to the land within Zone No 3 (a) or 3 (d) shown edged heavy black on the building height map.

(2) The objective of this clause is to control the impact of development within the commercial area of The Entrance.

(3) In the case of development on land within Zone No 3 (d), 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) The Council may grant consent to the erection of a building on the land to which this clause applies, no building height of which at any point exceeds the height nominated for the land at that point on the building height map, 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) the development incorporates appropriate measures for convenient, sheltered access for pedestrians, including access to other land, and

(f) the development makes appropriate provision for the supply of parking space demanded by the proposed development, whether on the same land as the development or other land, or both, taking into account the characteristics of the proposed development, possible future changes of use of the land and the capacity of the street system serving the land on which the development is to be carried out, and

(g) the proposed uses will complement or reinforce the retail functions of the town centre, particularly at street level or where associated with pedestrian accessways, and

(h) the development does not by its design or siting preclude any necessary traffic improvement works, and

(i) 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.

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