New South Wales Consolidated Regulations

WILLOUGHBY LOCAL ENVIRONMENTAL PLAN 1995 - REG 24

24 Height

(1) The Council shall not consent to the erection or use of a residential flat building if the height exceeds:

(a) 2 storeys within Zone 2 (b), or

(b) 3 storeys within Zone 2 (c) (except within Locality “K”), or

(b1) if the building is on land within Zone 2 (c) (Locality “K”), the number of storeys shown for the land on Sheet 2 of the map marked “ Willoughby Local Environmental Plan 1995 (Amendment No 10) ”, or

(c) 8 storeys within zone 2 (d) (Locality “F” or “J”), or

(d) 9 storeys within Zone 2 (d) (Locality “A”, “C” or “D”), or

(e) 12 storeys within Zone 2 (d) (Locality “E” or “G”), or

(f) RL 78 A.H.D. within Zone 2 (d) (Locality “H”), or

(g) RL 138 A.H.D. within Zone 2 (d) (Locality “I”), or

(h) 10 storeys within Zone 2 (d) (Locality “B”), or

(i) RL 105 A.H.D. within Zone 2 (d) (Locality “L”), except for the area occupied by the former sub-station brick building where the height shall not exceed RL 98 A.H.D. However, the Council may consent to development within Locality “L” on land other than that occupied by the former sub-station brick building so long as:

(i) the development does not exceed RL 130 A.H.D on land north of the former sub-station brick building,

(ii) the development does not exceed RL 140 A.H.D. on land south of the former substation brick building,

(iii) the former sub-station brick building is retained for adaptation, and

(iv) no part of the child care centre or associated outdoor play spaces situated within the Royal North Shore Hospital will, as a result of the development, have significantly greater overshadowing (when measured at the mid-winter solstice between 8 am and 10 am) than the overshadowing during the last such period before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 21) .

(2) The localities are shown on the high density residential floor space map.

(3) The Council shall not consent to the erection or use of a residential flat building within Zone 2 (d) (Locality “J”) if its height exceeds 6 storeys above the highest point of natural ground level above which it is situated.
For the purpose of this subclause and subclause (1), the space within an attic is not to be counted as a storey when calculating the number of storeys in a residential flat building within Zone 2 (d) (Locality “J”):

(a) in the case of an existing building, if the floor area of the attic does not exceed 60% of the floor area of the level of the building immediately below (including any part of that level below occupied by lift towers or plant rooms) and the attic does not alter the pitch or profile of the roof of the building, except by the inclusion of dormer or similar windows, or

(b) in the case of a proposed building, if the floor area of the attic will not exceed 60% of the floor area of the level of the building immediately below (including any part of that level below that will be occupied by lift towers or plant rooms) and the attic will not result in the pitch or profile of the roof of the building being inconsistent with the roofs of surrounding buildings (disregarding any dormer or similar windows for the purpose of the comparison).

In this subclause, "attic" means any habitable roof space in a residential flat building.

(5) For the purpose of determining the number of storeys in a residential flat building on land within Zone 2 (c) (Locality “K”), "storey" means the space between two successive floors or the space between any floor and natural ground levels, or the space between any floor and its ceiling or roof above. This does not include an attic or a floor or level of the building used exclusively for foundation areas, car parking, storage, laundry facilities, workshops or the like or any combination of these uses, where the ceiling of that floor or level is less than 1 metre above natural ground level at any point. A storey which exceeds 4 metres in height is counted as two storeys.