New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 - REG 2

2 The aims and objectives of this plan

(1) The aims of this plan are:

(a) to replace all existing local environmental plans and planning schemes which apply to the land to which this plan applies with a single local environmental plan:

(b) to provide a comprehensive planning instrument that is clear and explicit but which provides flexibility in its application,

(c) to promote the management, development, conservation and economic use of property within the area of Woollahra,

(d) to provide for an appropriate balance and distribution of land for commercial, retail, residential and tourist development and for recreation, entertainment and community facilities,

(e) to ensure that growth within the area of Woollahra occurs in a planned and co-ordinated manner,

(f) to facilitate the provision of urban infrastructure,

(g) to conserve the environmental heritage of the area of Woollahra,

(h) to protect the amenity and natural environment of the area of Woollahra, and

(i) to provide the framework for more detailed controls to be contained within development control plans.

(2) The objectives of this plan are:

(a) in relation to residential development:

(i) to promote the development of land to which this plan applies as a comprehensively planned residential community providing recreational, commercial, retail and community facilities of a type which are appropriate to meet the needs of the population to be accommodated,

(ii) to relate population density to the capacity of the existing road network, the availability of parking, the provision of public open space, the capacity of the natural environment to accept change without losing its attributes, the capacity of existing utility networks, the level of service by public transport, and the proximity to the city centre, schools, shops, health services and community facilities,

(iii) to zone land in order to create separate areas of residential and non-residential use in the interests of residential amenity, a balanced distribution of services and employment and efficient traffic distribution,

(iv) to encourage and facilitate opportunities for diversity in dwelling density, type and tenure in suitable locations throughout the area of Woollahra, and

(v) to encourage and promote sustainable development by extending the use of existing and new residential buildings through the provision of fully accessible and adaptable housing requirements and by increasing the number of fully accessible and adaptable houses in the area of Woollahra,

(b) in relation to retailing and commerce:

(i) to zone land for retail and commercial purposes, enabling development at scales and intensities which serve local or broader community needs,

(ii) to consolidate and improve established centres so that they remain both commercially attractive and viable,

(iii) to ensure that new development in the commercial centres does not unduly affect the amenity of adjoining residential areas by virtue of the use, design, bulk and scale of the development and traffic generation,

(iv) to allow for a diversity of suitable retail uses within the established centres, and

(v) to ensure that consideration is given to providing adequate levels of access when alterations and additions to existing buildings and new developments for commercial or retail uses are proposed,

(c) in relation to community services and facilities:

(i) to facilitate the provision and equitable distribution of community services necessary to meet the needs of the population,

(ii) to provide opportunities for the development of community services and facilities in appropriate areas, and

(iii) to allow for contributions towards the provision of community services and facilities,

(d) in relation to traffic and transport:

(i) to encourage the development of a balanced transport system, including the provision of safe and convenient facilities for pedestrians, cyclists, public transport users and other road users,

(ii) to implement a rational and efficient distribution of vehicular traffic throughout the area of Woollahra by establishing a hierarchy of roads to service various transport functions,

(iii) to ensure the adequate provision of car parking and servicing facilities within commercial areas,

(iv) to improve the provision of car parking and reduce conflict between resident and visitor demands for car parking space in residential areas,

(v) to minimise conflict between pedestrians and vehicles,

(vi) to minimise conflict between transport and land use activities,

(vii) to minimise the impact, on adjoining residential areas, of traffic and parking generated by commercial areas,

(viii) to allow for contributions towards the provision of car parking and traffic management measures necessitated by any new development,

(ix) to reserve land for the improvement of traffic flow, and

(x) to encourage the provision of adequate access for older people and people with a disability to safe and convenient car parking, footpaths and access to public transport facilities,

(e) in relation to public and private open space, recreation and tourism:

(i) to provide for open space which will meet the requirements of the population and which will be developed in sympathy with the existing natural environment of the area of Woollahra,

(ii) to protect and promote public access in the inter-tidal zone of the foreshore of Sydney Harbour,

(iii) to provide for a diversity of open space types and recreation opportunities,

(iv) to allow for contributions towards the provision and embellishment of public open space and recreational facilities, and

(v) to allow for a range of tourist accommodation in the form of hotels and serviced apartments in appropriate locations,

(f) in relation to the landscape:

(i) to protect and enhance the natural landscapes throughout the area of Woollahra,

(ii) to promote the retention of trees and the planting of suitable new trees in appropriate locations,

(iii) to control or minimise the impact of future development upon natural features such as significant trees or stands of trees, ridgelines or land within view of any waterway,

(iv) to protect and enhance the environmental quality of the area of Woollahra through the appropriate management and conservation of the existing pattern of vegetation, and

(v) to protect the native flora and fauna,

(g) in relation to heritage conservation:

(i) to identify heritage items and heritage conservation areas and to provide measures for their conservation, protection and enhancement,

(ii) to ensure that new development is undertaken in a manner that is sympathetic to and does not detract from the heritage significance of heritage items and their settings and of heritage conservation areas,

(iii) to encourage the restoration or reconstruction of buildings or works which are heritage items or buildings and works that contribute to the character of heritage conservation areas,

(iv) to enable the adaptation of existing non-residential buildings of heritage significance in a manner which is compatible and sympathetic with the fabric and character of the building or works and the use and fabric of neighbouring lands,

(v) to provide for the detailed control of development associated with or in proximity to heritage items and heritage conservation areas,

(vi) to require, when considered necessary, the consideration of a statement of heritage significance or a conservation plan before consent is granted for development relating to a heritage item or development within a heritage conservation area, and

(vii) to protect sites of archaeological significance,

(h) in relation to the area’s foreshores and the harbour foreshore scenic protection area:

(i) to seek the retention of public foreshore lands for public purposes,

(ii) to encourage development which, through its form, scale, materials and design is compatible with the natural and environmentally acceptable built landform of the foreshore areas as viewed from the water,

(iii) to recognise the residential, recreational, tourist and commercial characteristics of the foreshore area and to co-ordinate development in order to protect the area’s scenic and natural attributes,

(iv) to consider the impact of development on the views of Sydney Harbour enjoyed by existing residents and promote the practice of view sharing,

(v) to protect and, where possible, improve the view of Sydney Harbour and its foreshore areas obtained from public land,

(vi) to protect the natural, scenic and cultural attributes of the area’s foreshores, including the visually and ecologically significant beaches, inter-tidal rock formations, vegetation, rock faces, shelves and outcrops,

(vii) to preserve existing public open spaces along the foreshores and to promote the dedication, acquisition, lease or occupation of additional useable areas so as to provide further public pedestrian access to and along the foreshores in appropriate locations, and

(viii) to protect the native flora and fauna,

(i) in relation to local infrastructure:

(i) to provide and maintain local infrastructure to meet the needs of the community whilst having regard to access and installation constraints arising in built up areas,

(ii) to encourage the optimum use of existing infrastructure, and

(iii) to encourage the provision of efficient utility services,

(j) in relation to global warming:

(i) to promote energy conservation measures,

(ii) to promote energy-efficient building development and mass transport systems, and

(iii) to ensure that new development takes account of global warming effects,

(k) in relation to urban design:

(i) to promote the creation and upkeep of an attractive and comfortable public environment,

(ii) to retain and enhance the existing elements of the physical environment of the area of Woollahra that, in the opinion of the Council, contribute to the attractive public environment,

(iii) to require that design and siting of new development enhance the attributes of its site and improve the quality of the public environment, and

(iv) to ensure that consideration is given to providing adequate levels of access, useability and enjoyment of public facilities and places to all people in the community, including older people and people with a disability,

(l) in relation to excavation of land:

(i) to minimise any impact on the amenity of the neighbourhood,

(ii) to protect the natural foreshore areas including the visually and ecologically significant beaches, inter-tidal rock formations, vegetation, rock faces, shelves and outcrops,

(iii) to protect trees and significant vegetation and the native flora and fauna, and

(iv) to avoid potential damage to neighbouring public and private land and buildings which may result from the proposed excavation works, and

(m) in relation to outdoor advertising:

(i) to convey advertisers’ messages and images while complementing and conforming to both the buildings on which they are displayed and the character of the locality, and

(ii) to ensure that it does not adversely affect the locality in terms of appearance, size, illumination or overshadowing or in any other way, and

(iii) to ensure that it does not lead to visual clutter through the proliferation of signs, and

(n) to promote and encourage water conservation.