New South Wales Consolidated Regulations

WILLOUGHBY LOCAL ENVIRONMENTAL PLAN 1995 - REG 46A

46A Special controls for the ABC Gore Hill site

(1) The clause applies to land consisting of Lots 1, 2, 3 and 4, DP 219048, Lots 7 and 8, Section 5, DP 4088, Lot 2, DP 528955, Lot 2, DP 226278, Lot B, DP 397154, Lot 1, DP 200910 and Lot 100, DP 858850, commonly known as the ABC Gore Hill site, part of 217 and 239 Pacific Highway, 2 Clarendon Street and 12 Campbell Street, Artarmon.

(2) The Council must not consent to development (including subdivision) on the land to which this clause applies unless the lots have been consolidated and a development control plan has been approved by the Council.

(3) A development control plan is to be prepared following consultation with the Council and is to illustrate and explain, where appropriate, proposals in relation to the land for the following:

(a) urban design, including proposals about density, height controls, building envelopes, identified views, privacy and security and other design elements with an explanation of how they relate to an analysis of the land and its context,

(b) phasing of development on the land,

(c) distribution of land uses, including public access and open space,

(d) access, in terms of public transport, pedestrian, cycle and road access and circulation networks, including proposals about local traffic impact and parking,

(e) steps that will be taken to promote public transport use, which must include the provision of a bus service by the owner of the land between the site and the St Leonards Railway Station and a green travel plan,

(f) the provision of parking and the location of parking on the land, which must be provided at no more than 1 car space per 100 square metres of gross floor area, except for the community facilities to be dedicated to the Council,

(g) a subdivision concept plan,

(h) provision of services and utilities infrastructure, including on-site stormwater detention,

(i) heritage conservation and interpretation measures, implementing the guidelines set out in any applicable conservation policy and for protection of archaeological relics,

(j) remediation or decontamination of the site,

(k) provision of community facilities to be dedicated to the Council,

(l) provision of open space, its function and landscaping, including retention and protection of significant trees,

(m) ongoing site maintenance and management of the public domain facilities,

(n) guidelines for building design and site development to achieve a high standard of energy efficiency, water conservation, waste management (construction and operational) and air, noise and water quality,

(o) social and cultural impacts from the effect of implementing its proposals,

(p) maintenance of the existing vehicular access from the adjoining communications site to the Pacific Highway over the existing right of way or by other suitable means of access,

(q) the location, design, height, form, materials, use and construction of buildings to prevent adverse impacts on the operations of the communications tower located on Lot B, DP 444493,

(r) compliance with ARPANSA standards and other applicable standards with regard to human exposure to electromagnetic energy appearing in any applicable code or standard made under any applicable law of the Commonwealth,

(s) any other matter required by the Council.

(4) The development control plan must be prepared and submitted in accordance with subclause (3) and section 74D of the Act.

(5) The Minister is authorised, for the purposes of section 74D (5) (b) of the Act, to act in the place of the Council in accordance with that section.

(6) Despite subclause (2), the Council may consider a development application (other than a development application for subdivision of the land) for consent to the occupation of the ABC buildings existing as at the date of gazettal of Willoughby Local Environmental Plan 1995 (Amendment No 44) if the land has not been consolidated or if there is no development control plan for the land, but only if:

(a) there are no external modifications or structural changes to the existing buildings, and

(b) the proposed use would not impact on the amenity of the land, the existing parking provision on the land and the existing local traffic volumes.

(7) A development consent under subclause (6) may be for a period of not more than 2 years.

(8) Despite any other provision of this plan, but subject to this clause, the Council may grant consent to the use of existing buildings on the site for the purpose of office premises.

(9) When considering a development application for the adaptation of the ABC building known as the Studio Complex, the Council may, for the purpose of determining the floor space ratio, exclude from its calculation of the gross floor area of the buildings erected on the land the gross floor area of the Studio Complex, but only if the Council is satisfied that the conservation of the Studio Complex and its setting will be achieved by the Council granting the exclusion.

(10) The Council must not consent to the demolition of the ABC building known as the Studio Complex unless the Council is satisfied that adaptation of that building has been thoroughly considered as an option and adaptation of the building is not considered to be a viable option.

(11) Despite clause 43 (1B), when considering a development application for the provision of community facilities to be dedicated to the Council on land within Zone 4 (c), the Council may, for the purposes of determining the floor space ratio, exclude from its calculation of the gross area of the buildings erected on the land, the gross floor area of the community facilities.

(12) Despite any other provision of this plan, the Council must not consent to development on land to which this clause applies if the development will result in the erection of a building or other structure (including a temporary structure) having a height greater than that shown on the height control map for the relevant land.

(13) State Environmental Planning Policy No 1-Development Standards does not apply to subclause (12).

(14) In this clause:
"height" of a building or structure means the distance measured vertically from Australian Height Datum (AHD) to the highest point of the building or structure.
"height control map" means the map marked “ Willoughby Local Environmental Plan 1995 (Amendment No 44)-Sheet 3-Height Control Map ”.