New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) A building (other than a dwelling-house or a dual occupancy) shall not be erected on land to which this plan applies if:(a) the floor space ratio would exceed the ratio indicated for that land on the density map, or(b) in the case of 2 floor space ratios being indicated for that land on the density map, the floor space ratio would exceed the greater of the 2 ratios.
(2) If, on the density map, 2 floor space ratios are indicated for the same land:(a) in respect of buildings on land within Zone No 3 (a), the floor space ratio of any part of the building used for residential purposes shall not exceed the lesser of the 2 floor space ratios, and(b) in respect of buildings on land within Zone No 3 (c), the floor space ratio of any part of the building used for non-residential purposes shall not exceed the lesser of the 2 floor space ratios.
(3) Notwithstanding subclause (1), the floor space ratio of any building or buildings erected or proposed to be erected on 298, 302, 304, 304A, 306/310, 312/314, 357/359, 365, 376/382, 408/410, 412, 414/420, 422/424, 465/467, 469/473 New South Head Road, Double Bay, 26, 28, 30/36, 40/48, 43, 45A, 49, 55 Bay Street, Double Bay, 1 Guilfoyle Avenue, Double Bay or 53 Cross Street, Double Bay may exceed the floor space ratio provided on the density map in respect of the property if:(a) the floor space ratio of the building or buildings does not exceed 3.0:1, and(b) the Council consents to the building or buildings having the floor space ratio.
(3A) Despite subclause (1), the floor space ratio of any building or buildings erected or proposed to be erected on 11, 27, 27A, 100A Bellevue Road, Bellevue Hill, 196-204 Victoria Road, Bellevue Hill, 484-486, 488-492, 500, 502, 520, 538-544, 554 Old South Head Road, Rose Bay, 42-44, 46, 103 New South Head Road, Vaucluse or 2, 26-28 Old South Head Road, Vaucluse, may exceed the floor space ratio provided on the density map in respect of the property if:(a) the floor space ratio of the building or buildings does not exceed 2:1, and(b) the Council consents to the building or buildings having the floor space ratio.
(3B) Despite subclause (1), the floor space ratio of any building or buildings erected or proposed to be erected on 13-17 Bellevue Road, Bellevue Hill may exceed the floor space ratio provided on the density map in respect of the property if:(a) the floor space ratio of the building or buildings does not exceed 2:1, and(b) the Council consents to the building or buildings having the floor space ratio.
(3C) Despite subclause (1), the floor space ratio of any building or buildings erected or proposed to be erected on 156 Edgecliff Road, Woollahra may exceed the floor space ratio provided on the density map in respect of the property if:(a) the floor space ratio of the building or buildings does not exceed 1.5:1, and(b) the Council consents to the building or buildings having the floor space ratio.
(4) The Council may only grant development consent for the purpose of subclause (3) (b), (3A) (b), (3B) (b) or (3C) (b) if it is satisfied that:(a) the building or buildings will enhance the spatial definition of the spaces addressed, and(b) the building or buildings will, through articulation and distribution of massing, create strong corner buildings, and(c) the building or buildings will appropriately address the street geometry, topography, sight lines and the design of skyline elements, and(d) in the case of development on land specified in Column 1 of the Table to this clause-the adjoining land specified opposite that land in Column 2 of the Table to this clause, being land within Zone No 3 (c)-(Neighbourhood Business “C” Zone), has, or will have, direct vehicular access or vehicular access via a right of way to a road, and(e) in the case of development on land described in subclause (3B)-all of that land has, or will have, direct vehicular access or vehicular access via a right of way to Buller Street, Bellevue Hill.Table
Column 1 Column 2 Land with higher floor space ratio Adjoining land 11 Bellevue Road, Bellevue Hill 7-9 Bellevue Road, Bellevue Hill 27 Bellevue Road, Bellevue Hill 25A Bellevue Road, Bellevue Hill 27A Bellevue Road, Bellevue Hill 27 Bellevue Road, Bellevue Hill 100A Bellevue Road, Bellevue Hill 98B Bellevue Road, Bellevue Hill 196-204 Victoria Road, Bellevue Hill 3-5 Bellevue Road, Bellevue Hill 488-492 Old South Head Road, Rose Bay 494-498 Old South Head Road, Rose Bay 500 Old South Head Road, Rose Bay 494-498 Old South Head Road, Rose Bay 502 Old South Head Road, Rose Bay 504 Old South Head Road, Rose Bay 520 Old South Head Road, Rose Bay 522 Old South Head Road, Rose Bay 538-544 Old South Head Road, Rose Bay 532-536 Old South Head Road, Rose Bay 554 Old South Head Road, Rose Bay 556 Old South Head Road, Rose Bay 42-44 New South Head Road, Vaucluse 40 New South Head Road, Vaucluse 46 New South Head Road, Vaucluse 48 New South Head Road, Vaucluse 103 New South Head Road, Vaucluse 101 New South Head Road, Vaucluse 2 Old South Head Road, Vaucluse 4 Old South Head Road, Vaucluse 26-28 Old South Head Road, Vaucluse 22 Old South Head Road, Vaucluse
(5) When considering an application for consent to erect a building or use an existing building within the Double Bay Commercial Centre, the Council may, for the purpose of determining floor space ratio, exclude from its calculation of gross floor area the gross floor area of that part of the building intended to be used for a small professional theatre.