New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 - REG 21E

21E Development on certain land in Double Bay

(1) This clause applies to land shown edged heavy black on the map marked “ Woollahra Local Environmental Plan 1995 (Amendment No 44)-Site Map ”.

(2) Land beyond the boundary shown on the map referred to in subclause (1) may be included within the site for the purpose of development such as:

(a) awnings, and

(b) signs, and

(c) projecting bay elements, and

(d) fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and

(e) public domain improvement works, and

(f) underground car parking.

(3) The Council must not grant consent to a development application (other than a comprehensive development application or an application for development consent for subdivision) relating to land to which this clause applies unless there is in force a development consent for a comprehensive development application and the Council has taken that development consent into consideration.

(4) A comprehensive development application required by this clause is a development application that makes development proposals for the whole of the land to which this clause applies.

(5) The Council must not grant consent to a comprehensive development application unless it is satisfied that adequate provision has been made for:

(a) public car parking, and

(b) public toilets, and

(c) community facilities, and

(d) civic space.

(6) The Council must not grant consent to a development application, including a comprehensive development application, relating to Lot 2, DP 82306, being land known as the Golden Sheaf Hotel site, unless, in considering the application, the Council has taken into account the recommendations of a current conservation plan and any amendments to it for the Golden Sheaf Hotel that has been approved by Council.

(7) The Council is not obliged to comply with subclause (3) or (5) if it is satisfied that the proposed development is of a minor nature.

(8) A building is not to be erected on land to which this clause applies if the total gross floor area of all buildings on the land to which this clause applies would exceed the gross floor area indicated for the land on the map marked “ Woollahra Local Environmental Plan 1995 (Amendment No 44)-Density Map ”. For the purpose of this subclause, gross floor area excludes:

(a) fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and

(b) access in the form of lifts, escalators, travelators, ramps, stairs and the like from existing ground level to basement car park levels, and

(c) loading and unloading areas and access to those areas all of which are at or below ground level, and

(d) any garbage storage areas, plant rooms, mechanical ventilation, including ducting, that are below ground level, and

(e) roof and podium plant rooms, and

(f) electrical substation, generating rooms, switch rooms and other structures required in connection with the substation, and

(g) arcades, and

(h) colonnades, including associated columns, and

(i) pedestrian areas in the form of a winter garden contiguous with arcades, and

(j) balconies and verandahs, and

(k) unenclosed swimming pools, and

(l) the gross floor area of the original heritage building at 423-431 New South Head Road, Double Bay, known as the Golden Sheaf Hotel as approved on 23 April 1935.

(9) Clauses 8, 10A and 10B do not apply in respect of the erection of a residential flat building on land to which this clause applies.

(10) Clauses 8, 10A and 10B do not apply in respect of development for the purpose of dwellings in conjunction with development below the ground surface for the purpose of any one or more of the following:

(a) car parking,

(b) a car parking station,

(c) non-residential uses associated with car parking and a car parking station,

(d) loading and unloading facilities associated with non-residential uses,

all of which is located on the land shown by heavy black broken edging on the map marked “ Woollahra Local Environmental Plan 1995 (Amendment No 44)-Land Use Map ” (whether or not within the same building).

(11) Development referred to in subclause (10) is not mixed development for the purposes of this plan.

(12) The Council must not grant consent to a development application involving works below the natural surface of the ground relating to land to which this clause applies unless it has considered the following:

(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines published by the Acid Sulfate Soils Management Advisory Committee, and

(b) the likelihood of the proposed development resulting in the discharge of acid water, and

(13) The provisions of State Environmental Planning Policy No 1-Development Standards do not apply to subclause (8).