22–27(Repealed)
Division 2 Development at Green Square
(1) The vision for Green Square is to transform Green Square into an attractive, vibrant and sustainable urban place by capitalising on the opportunities created by:(a) the area’s strategic location between Sydney’s most significant economic gateways: the Central Business District, Kingsford Smith Airport and Port Botany, and(b) the construction of the New Southern Railway and Green Square Railway Station.(2) Four key concepts sustain this vision:(a) Diversity
This applies to the development of a mix of land uses, a range of building types, diverse public spaces, and employment and housing choices, which will support a socially diverse community, underpinning a vibrant city that offers complex experiences and social contact.(b) Connectivity
This applies to an accessible network of public spaces and public streets, which integrate existing and future landscapes and buildings.(c) Interdependency
This applies to the need for compatibility between land uses, to the high quality urban design response of buildings to public spaces, the interdependency of the social and physical environment, and the relationship of the Green Square area to the City South Region.(d) Long-term growth
This applies to the development of an urban strategy that can accommodate and support renewal and growth of Green Square into a compact sustainable urban area over a long period of time.
27B Planning principles for Green Square
The planning principles for Green Square are set out in Schedule 4. Those principles are underpinned by the key concepts of diversity, connectivity, interdependency and long-term growth.The Council must take those principles into consideration before granting consent to any development within Green Square.
27C Determination of development applications
(1) The Council must not grant consent for development of any land within Green Square unless:(a) there is a masterplan adopted by the Council for the development site comprising that land or within which that land is situated, and(b) the development is consistent with the masterplan.(2) The Council may waive the requirement for a masterplan because of the minor nature of the development concerned, the adequacy of other planning controls that apply to the proposed development, or for such other reasons as the Council considers sufficient.(3) If:(a) the Council has waived the requirement for the masterplan under subclause (2), or(b) a draft masterplan for the development site has been submitted to the Council for adoption, and that draft masterplan:then subclause (1) does not apply, but when the Council assesses the development application it must have regard to the criteria in clause 27D (4) (a)–(m).(i) has not been adopted by the Council before or within 60 days after the date on which the development application was lodged, or(ii) has been rejected by the Council,
27D Preparation of masterplans
(1) A draft masterplan may only be prepared by or on behalf of the owner or lessee of the land concerned.(2) The South Sydney Development Corporation may prepare a draft masterplan on behalf of the owners for the area shown in heavy red edging on the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 2)—Green Square—Zoning” and the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 7)—Green Square—Zoning”.(3) A draft masterplan should be prepared following consultation with the Council and any relevant public authorities or corporations.(4) A masterplan is to outline long-term proposals for the development of the land to which it applies, and illustrate and explain, where appropriate, the following:(a) how those proposals address the vision for Green Square set out in clause 27A, the planning principles set out in Schedule 4, and any development control plan adopted for Green Square by the Council,(b) design principles drawn from analysis of the site and its context,(c) phasing of the development,(d) distribution of land uses, including open space,(e) pedestrian, cycle and vehicle access and circulation networks,(f) parking provision,(g) subdivision pattern,(h) infrastructure provision,(i) building envelope and built form controls,(j) heritage conservation,(k) site remediation,(l) open space provision, its function and landscaping,(m) opportunities for the provision of public art.
(1) Immediately after receiving a draft masterplan, the Council must advertise it in a newspaper circulating in the locality and exhibit it at the Council’s offices for not less than 21 days for public comment.(2) The Council must take into account any written submissions made about the content of the draft plan during the exhibition period.
(1) Following the exhibition of the draft masterplan, the Council may adopt it without variation, or adopt it with such variation made in response to submissions arising out of its exhibition as the Council considers appropriate, or reject it.(2) When a masterplan is adopted, the Council must advertise the adoption in a newspaper circulating in the locality.(3) A copy of the masterplan must be available for inspection at the Council’s offices.
(1) A masterplan may be amended.(2) The Council may request the preparation of a draft amendment for the purpose of keeping a masterplan up-to-date.(3) This Division applies to the amendment of a masterplan in the same way as it applies to the preparation of a masterplan.(4) A masterplan may be amended or replaced by a subsequent masterplan.
27H Masterplans may not implement certain planning standards
(1) The Council may adopt a masterplan or an amendment of a masterplan even if the masterplan proposes development in accordance with planning standards that differ from those contained in a development control plan.(2) Before adopting such a masterplan or amendment, the Council must be satisfied that:(a) a better development solution will result, and(b) the land use mix proposed is consistent with the relevant zone objectives (including the desired mix of uses for the relevant zone), and(c) the total floor space of all buildings within a development will not increase above that allowed by the development control plan as a result of the masterplan, and(d) the total land available for public recreation areas within the site will not be reduced below that required by a previous masterplan or amendment.
27I Application of zone objectives to masterplans
For the purposes of applying the requirements made by zone objectives and clause 27J to land to which a masterplan applies, and in particular for the purposes of assessment of the percentage of the non-residential component of a site, the Council needs only to be satisfied that the overall percentage of non-residential use will be achieved over the whole of the land to which a masterplan applies, irrespective of its distribution in relation to individual allotments comprising the masterplan site.
27J Non-residential development on development sites in Zones Nos 10 (b) and 10 (c)
(1) Subject at all times to clause 27I, the Council must not grant consent to any development on land within Zone No 10 (b) until it is satisfied that no more than 25% of the total floor space proposed for a development site will be available for non-residential development.(2) Subject at all times to clause 27I, the Council must not grant consent to any development on land within Zone No 10 (c) until it is satisfied that at least 25% of the total floor space proposed for a development site will be available for non-residential development.
27K Amusement centres in Green Square
Despite any other provision of this plan, in order to protect the amenity of the Green Square locality, consent may be granted for development for the purpose of amusement centres on land within Green Square only if the centres are ancillary to another use allowed in the zone applying to the land.
Division 2A Green Square Town Centre
27KA Land to which Division applies
This Division applies to such of the land to which this plan applies as is within the Green Square Town Centre.Note. Land shown as deferred matter on the map is not presently land to which this plan applies.
27KB Application of SEPP No 1 and SEPP No 4
(1) State Environmental Planning Policy No 1—Development Standards does not apply to land to which this Division applies.(2) Part 2 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clauses 10–11E excepted) does not apply to land to which this Division applies.
In this Division:commercial development means development for any of the following purposes:
advertising structures; amusement centres; backpackers’ hostels; car parking stations; child care centres; clubs; commercial premises; commercial signs; community centres; educational establishments; high technology industries; hospitals; hotels; medical centres; motels; motor showrooms; places of assembly; places of public worship; private hotels; public buildings; recreation areas; recreation facilities; restaurants; restricted premises.
communal car park means a car park which includes unreserved spaces for the use of the general public or other users of, and visitors to, the Green Square Town Centre and may also include dedicated car parking spaces for a particular land use or development site.
communal car parking space means a designated car parking space which is not allocated by title or arrangement to any single use or owner and is available for use by the general public, shared vehicles or other users of, or visitors to, the Green Square Town Centre.
residential development means development for any of the following purposes:
bed and breakfasts; boarding houses; child care centres; community centres; dwelling houses; educational establishments; home industries; local businesses; local shops; multiple dwellings; professional consulting rooms; serviced apartments.
retail development means development for any of the following purposes:
advertising structures; amusement centres; child care centres; clubs; commercial signs; hotels; markets; restaurants; shops.
shared vehicles means vehicles which are provided for shared or communal use and includes recognised car share scheme vehicles and taxis.
27KD Development on sites within the Green Square Town Centre that have frontage to Botany Road or Bourke Street
(1) The Council may grant consent to development for the purpose of visitor and tourist accommodation, including hotels or motels, on land having frontage to Botany Road or Bourke Street, or both, if it is satisfied that the amenity of residential uses permitted on the development site or on any adjoining development site will not be detrimentally affected by the development.(2) Any visitor or tourist accommodation referred to in subclause (1) is taken to be residential development for the purposes of clause 27KF.
27KE Architectural design standards
The Council must not grant consent to development on land within the Green Square Town Centre unless it is satisfied that:(a) a high standard in terms of architectural design, materials and detailing will be achieved, and(b) the form and external appearance of the buildings associated with the development will contribute in a positive manner to the quality, amenity and character of the public domain, consistent with the objectives of the zone in which it is carried out.
27KF Gross floor area and land use mix
(1) Subject to subclause (2), the Council must not grant consent to the carrying out of non-conforming development on any development site.(2) The Council may grant consent to the carrying out of non-conforming development on any development site if it is satisfied that:(a) the total gross floor area of all development on that site will not differ by more than 10% from the total gross floor area specified for that site in Part 2 of Schedule 5, and(b) the proportion of the gross floor area of the development in respect of each purpose specified in Part 2 of Schedule 5 (commercial, residential or retail):(i) if the proportion so specified in relation to that purpose is other than “nil”, will not differ by more than 10% from the proportion so specified (where, for example, 18% and 22% each differ by 10% from 20%), and(ii) if the proportion so specified in relation to that purpose is “nil”, will not exceed 5% of the gross floor area of the development, and(c) the design of the development is derived from, and supported by, a rigorous analysis of the development site, and(d) the development will result in a built form that contributes positively to the amenity of the public domain, and will not have a significant adverse effect on the use of any adjoining land, and(e) the development will achieve the objectives of the zone in which it is carried out in a manner that equals, or betters, that which would result from the carrying out of conforming development on that site.(3) For the purposes of this clause:conforming development, in relation to a development site, means development that results in a total gross floor area, and a mix of commercial, residential and retail development, equal to the total gross floor area and total mix of development specified for that site in Part 2 of Schedule 5.
development site means a site identified on the map shown in Part 1 of Schedule 5.
non-conforming development, in relation to a development site, means development that is not conforming development in relation to that site.
(1) The Council must not grant consent to the erection on any land within the Green Square Town Centre of any building whose height exceeds the maximum height for development on that land, expressed as reduced level (RL), as shown on the Green Square Town Centre Height Map.(2) Despite the development standard established by subclause (1), consent may be granted to the erection on any such land of a building whose height exceeds the relevant maximum height if the Council is satisfied that:(a) the granting of such consent:(i) will not create an undesirable precedent for other development, and(ii) will not diminish the overall effect of the development standard for development in the vicinity of that land, and(b) the particular physical attributes of the land (in terms of location, context, slope, site configuration and the like) will render the strict application of the development standard unreasonable or unnecessary in the circumstances, and(c) the proposed building will improve or contribute positively to the public domain and will achieve design excellence, and(d) the relevant maximum height will not be exceeded by more than 10%.(3) In this clause:Green Square Town Centre Height Map means the map marked “South Sydney Local Environmental Plan 1998—Green Square Town Centre—Maximum Height”.
height, in relation to a building, means the height of the highest point of the building (excluding plant and lift overruns, communication devices and the like).
(1) The Council must not consent to development on land within the Green Square Town Centre unless it is satisfied that the development:(a) will not adversely affect flood behaviour, including:(i) the flood peak at any point upstream or downstream of the proposed development, and(ii) the flow of floodwater on adjoining lands, and(b) will not significantly increase any flood hazard or the likelihood of flood damage to any property, and(c) will not restrict the capacity of any floodway, and(d) will not increase the risk to the lives or personal safety of members of the public or emergency services and rescue personnel, and(e) incorporates any freeboard levels and other flood proofing measures adopted by the Council in any relevant floodplain risk management policy.(2) Without limiting subclause (1), the Council must not consent to development on land situated on the southern corner of Botany Road and O’Riordan Street, as shown hatched on the map, unless it is satisfied that:(a) the development is consistent with any relevant floodplain risk management policies and local flood plans that have been adopted by the Council, and(b) on completion of the development, the land will achieve a low hazard categorisation for a 1% AEP (Annual Exceedance Probability) flood event (as defined in the Floodplain Development Manual), having regard to the design of the development, including flood proofing and flood modification measures, and(c) the development does not create or materially contribute to a significant risk to the safety of persons in a probable maximum flood (as defined in the Floodplain Development Manual).(3) This clause does not limit the operation of clause 38.(4) In this clause:Floodplain Development Manual means the NSW Government’s Floodplain Development Manual, as published in April 2005.
floodplain risk management policy means a floodplain risk management plan or policy that has been prepared in accordance with the Floodplain Development Manual.
local flood plan includes any plan that sets out evacuation measures in the event of flooding.
27KI Suspension of certain covenants, agreements and instruments
(1) For the purpose of enabling development to be carried out in accordance with this Division or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions as to:(a) the erection or use of buildings for certain purposes on land within the Green Square Town Centre, or(b) the use of land within the Green Square Town Centre for certain purposes,to the extent necessary to serve that purpose, does not apply to any such development.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclause (1).
27KJ Area for below-ground communal car parking and retail development in Zone No 11 (b)
The Council must not grant consent to development for the purpose of a communal car park or retail facilities on land within Zone No 11 (b) unless it is satisfied that the development will be:(a) located on land shown edged by a red dotted line on the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 19)—Green Square Town Centre—Zoning”, and(b) located below existing ground level.
27KK Communal car park in Zone No 11 (b)
(1) The objectives of this clause are:(a) to provide for a shared, publicly accessible car park which maximises the utility of spaces amongst users and uses, and(b) to ensure that the design and operation of the car park:(i) enhances safety and security, and(ii) encourages and incorporates provisions for other forms of transport including motorbikes, bicycles, shared vehicles and community buses.(2) The Council must not grant consent to development for the purpose of a communal car park within Zone No 11 (b) unless it is satisfied that:(a) appropriate arrangements have been made to ensure co-ordinated, ongoing management and communal use of the car park, and(b) appropriate facilities, including change and storage facilities, are provided for motorbike and bicycle users, and(c) appropriate arrangements for shared vehicles, community buses and the like are provided, and are to be clearly and prominently identified, and(d) appropriate arrangements have been made to reduce the number of private parking spaces available if the number of communal car parking spaces is insufficient to meet demand, and to designate those spaces as communal car parking spaces.
27KL Gross floor area for below-ground facilities in Zone No 11 (b)
The area of the following car parking spaces in a communal car park is to be included as part of the gross floor area of all development on a development site under clause 27KF:(a) car parking spaces that are allocated, by arrangement, to a particular development site (within the meaning of clause 27KF), and(b) exceed, when added to the number of car parking spaces located on the development site, the number of car parking spaces permitted for that development site by a development control plan or policy of the Council.
27L–27R(Repealed)
28 Built environment design principles and masterplans
(1) The Council, in determining an application for consent to the carrying out of any development on land to which this plan applies, must take into consideration whether the development:(a) has been designed to reinforce and protect the local topography and setting, and(b) reinforces and enhances the streetscape and character of the locality, and(c) is compatible with the scale and design of neighbouring development, and(d) has been designed with adequate provision for the intended occupants, and those in the vicinity of the site of the proposed development, in terms of:(i) privacy, and(ii) access to sunlight, and(e) has been designed so as to be energy efficient in terms of natural:(i) lighting, and(ii) ventilation, and(iii) heating and cooling, and(f) establishes and enhances the public domain, and(g) has been designed so as to preserve predominant view lines and vistas enjoyed from parks, reserves, roadways, footpaths and other areas of the public domain, and(h) encourages complementary land uses and activities.(2) The Council, before granting consent to the carrying out of development on land within Zone No 5 or comprising a site area of 5,000 square metres or more, must take into consideration any masterplan for the land that is available to the Council.
(1) A person must not subdivide land to which this plan applies without the consent of the Council, unless that subdivision is exempt development referred to in clause 10A.(2) Despite subclause (1), subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 does not require development consent, except:(a) in the case of a building to which Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies, or(b) where the building has been designed or approved for occupation as a single unit.
29A Application of provisions of Sydney Local Environmental Plan 2012
(1) The following provisions of Sydney Local Environmental Plan 2012 apply to development on land to which this Plan applies in the same way as those provisions apply to development on land to which that Plan applies:(a) clause 2.8 (Temporary use of land),(b) Part 3 (Exempt and complying development),(c) clause 7.15 (Flood planning),(d) clause 7.17 (Development in areas subject to airport noise).(2) Clause 5.10 (Heritage conservation) of Sydney Local Environmental Plan 2012 applies to development on land to which this Plan applies as if that land were land to which that Plan applies and that clause applies to a heritage item in Schedule 2 as if the heritage item were a heritage item within the meaning of that Plan.(3) Division 3 (Affordable housing) of Part 7 of Sydney Local Environmental Plan 2012 applies to development on land in the Green Square Town Centre as if that land were land at Green Square within the meaning of that Plan.
30 Acquisition and development of land reserved for roads
Note. Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.(1) The owner of any vacant land within Zone No 9 (a) may, by notice in writing, require:(a) the R.T.A., in the case of land that is included in the 5-year works program of the R.T.A. current at the time of receipt of the notice, or(b) the Corporation, in any other case,to acquire the land.(2) The owner of any land within Zone No 9 (a) that is not vacant may, by notice in writing, require the R.T.A. to acquire the land if:(a) the land is included in the 5-year works program of the R.T.A. current at the time of the receipt of the notice, or(b) the R.T.A. has decided not to give concurrence to an application for consent to the carrying out of development on the land, or(c) the R.T.A. is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(3) On receipt of a notice under this clause, the R.T.A. or the Corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for a public road.(4) A person may, with the consent of the Council, carry out development on land within Zone No 9 (a):(a) for a purpose for which development may be carried out (with or without the consent of the Council) on land in an adjoining zone, or(b) for any purpose which is compatible with development which may be carried out on land in an adjoining zone.(5) (Repealed)(6) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.
31 Acquisition of certain land reserved by zoning
(1) The owner of any land within Zone No 9 (b) or 9 (c) may, by notice in writing, require the Council to acquire the land, but only if:(a) the land is included in the Council’s Section 94 Contributions Plan or a Works Program of the Council that is current at the time of the receipt of the notice, or(b) the Council has decided not to grant consent to the carrying out of development on the land, on the basis of those matters specified in subclause (3), or(c) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(2) On receipt of a notice under this clause, the Council must acquire the land unless the land might reasonably be required to be dedicated for:(a) local roads in the case of land within Zone No 9 (b), or(b) local recreation in the case of land within Zone No 9 (c).(3) In deciding whether to grant consent to proposed development within Zone No 9 (b) of 9 (c), the Council must take the following matters into consideration:(a) in the case of land within Zone No 9 (b), the need to use the land for the purpose of local roads, and(b) in the case of land within Zone No 9 (c), the need to use the land for the purpose of local recreation, and(c) the imminence of acquisition, and(d) the likely additional cost to the Council resulting from the carrying out of the proposed development.(4) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.
A tree preservation order made in relation to land to which this plan applies, and in force immediately before the appointed day, is taken to be a tree preservation order made by the Council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 as adopted by this plan and may be rescinded or varied in accordance with that clause.
33 Community use of educational establishments
The Council may grant development consent to community use of the land and facilities of educational establishments and to the commercial operation of those facilities and their sites.
34 Retailing of bulky goods in the industrial zone
(1) This clause applies to land within Zone No 4.(2) Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out on land to which this clause applies, development for the purpose of bulky goods retailing from a building or site in or on which those goods are stored, manufactured, displayed or processed.(3) The Council must not grant consent to an application for consent to carry out development referred to in subclause (2) unless it is satisfied:(a) that the proposed development will not detrimentally affect existing or future industrial development within the zone in which the land concerned is situated, and(b) that to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land within Zone No 4, detract from the predominantly industrial nature of the zone.
36 Development in Zone No 6 (a) or 6 (b)
Council must not grant consent to development on publicly owned land in Zone No 6 (a) or 6 (b) unless it has taken into consideration all of the following:(a) the need for the proposed development on that land, and(b) whether the impact of the proposed development will be detrimental to the existing or future use of the land, and(c) whether the proposed development will be secondary and complementary to the existing use of land for public recreation, and(d) whether the proposed development will significantly diminish public use and access to public open space, and(e) whether the proposed development is compatible with adjacent uses in relation to its height, bulk, noise generation, traffic generation, and any other aspects that might conflict with surrounding land uses, and(f) whether the proposed development is consistent with any plan of management adopted by the Council, and(g) whether the height of any proposed building or structure is visually sympathetic to existing vegetation and the topography.
37 Non-residential development in Zone No 10
(1) The object of this clause is to promote the objectives of Zone No 10 and to allow buildings or parts of buildings in that zone which are used for residential purposes to be used for mixed use purposes while ensuring that the mixed use does not have an adverse impact on the character of the suburb.(2) The Council must not grant consent to the use for non-residential purposes of a building or land within Zone No 10 that was being used for residential purposes on the appointed day (24 April 1998), unless it is satisfied that:(a) the change of use will not significantly erode the residential character and identify of the locality, and(b) the change of use will not significantly reduce the level of residential accommodation in the locality, and(c) the non-residential use on the site will be secondary to the residential use on the site, and(d) the non-residential use will not have an adverse impact on the amenity of the predominant residential use on the site, and(e) the proposed development is consistent with the objectives of Zone No 10.
(1) The Council must not grant consent to an application for a residential, child care centre or commercial use of a parcel of land which has previously been occupied by an industrial use, or of any part of the site of the former Royal Alexandra Hospital for Children at Camperdown (being the land to which South Sydney Local Environmental Plan No 139 applied) unless it has considered the following matters:(a) the identification of any potential contamination, based on details of site history and any other available information, and(b) the need for contamination treatment procedures such as further testing, and the need for remediation and the preparation of validation plans.(2) Before it grants consent for any remediation of land, the Council must consider the following:(a) a report on sampling procedures and testing results for the land,(b) remediation plans for the land,(c) validation plans for the land.(3) For the purposes of this clause:remediation plan means the details describing the remediation activity such as the objectives of the plan, the remediation methodology proposed and the targets, timetable, quality, quality control procedures and precautions to be taken during remediation of the land.
validation plan means the guidelines detailing the methodology by which the applicant or its consultant intends verifying that the remediation work has been satisfactorily carried out. It contains the requirements for post-rehabilitation testing and the justification for it. Validation plans may be included within a remediation plan.
40 Development in the vicinity of Alexandra Canal
(1) A person must not erect any structure on land within 10 metres of:(a) the bank of the Alexandra Canal, or(b) any of its open secondary channels,except with the consent of the Council.(2) The Council must not consent to the erection of any structure on land having a frontage to Alexandra Canal or any of its secondary canals unless:(a) it has made an assessment of the effect the erection of that structure would have on the existing aquatic environment and the potential use of Alexandra Canal and its foreshore for recreational purposes, and(b) the conditions of that consent require the landscaping of a ten metre strip abutting the canal, and(c) the conditions of that consent require the creation of a right of carriageway, or the dedication of land, for the purpose of permanent pedestrian or bicycle access within a ten metre strip abutting the canal.
(1) The Council may, by resolution, fix a building line (in this clause referred to as a foreshore building line) in respect of any land fronting Port Jackson.(2) A foreshore building line, when fixed by the Council is to be marked on a plan or clearly described in the resolution and such plan or resolution is to be available for inspection by the public, without charge, during the office hours of the Council.(3) Until such time as the Council so fixes a foreshore building line, any line shown on the map:(a) by a broken black line with the words “Foreshore Building Line—12m” marked in black letters, or(b) by a broken black line with the words “Foreshore Building Line—35m” marked in black letters,is taken to be a foreshore building line fixed under this clause.(4) The Council may alter or abolish any foreshore building line (including one established under subclause (3)) where the levels, depth or other exceptional features of the site make it expedient to do so.(5) Except with the consent of the Council granted as referred to in subclause (6), a building must not be erected between a foreshore building line and the mean high water mark of the waters of Port Jackson.(6) The Council may, after having made an assessment of the probable aesthetic appearance of the proposed structure in relation to the foreshore, consent to the erection of:(a) baths, swimming pools and ancillary buildings, or(b) boat sheds, or(c) wharves, or(d) jetties, or(e) other structures or works below or at the surface of the ground,between a foreshore building line and the mean high water mark of the waters of Port Jackson.
43 Development for the purpose of a backpackers’ hostel or serviced apartment
(1) A person must not carry out development for the purpose of a backpackers’ hostel or serviced apartment, except with the consent of the Council.(2) In determining an application for development consent to carry out development for the purpose of a backpackers’ hostel or serviced apartment, the Council must consider:(a) the need to maintain the stock of low-cost, long-term rental accommodation in the City of South Sydney, particularly (but not exclusively) accommodation in the form of boarding houses, and(b) the need to control the establishment of backpackers’ hostels and serviced apartments in the City of South Sydney, and(c) the need to prevent the reduction in residential amenity associated with the encroachment of backpackers’ hostels and serviced apartments into primarily residential areas.
44 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any covenant, agreement or similar instrument that purports to impose restrictions on the carrying out of development on the land to which this plan applies, to the extent necessary to serve that purpose, shall not apply to any such development.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).
45 Development on public roads
(1) A person must not carry out development on land shown uncoloured on the map, except with the consent of the Council.(2) Consent to a development application required by subclause (1) may be granted only for the carrying out of development that may be carried out (with or without the consent of the Council) on the land adjoining that part of the land shown uncoloured on the map to which the development application relates.(3) Despite subclauses (1) and (2), the following development may be carried out without the consent of the Council on land shown uncoloured on the map:(a) development referred to in Schedule 3, or(b) any other development which does not involve the erection of a building or the carrying out of a work.
Despite Part 3, development for the purpose of an amusement centre is prohibited on any land:(a) within Zone No 3 having a boundary adjoining Oxford Street, or(b) within Zone No 3 and Zone No 10 having a boundary adjoining King Street, or(c) within the area bounded by Victoria Street, Orwell Street, Macleay Street, Fitzroy Gardens, Ward Avenue and Kings Cross Road.
The Council may consent to the carrying out of development for the purpose of restricted premises only where conditions are imposed (in addition to any other conditions which may be imposed by the Council) which require that:(a) no part of the premises, other than an access corridor, will be located within a shop-front or will be otherwise visible at street level from any adjoining footpath, roadway, arcade or other public thoroughfare, and(b) no part of the restricted premises or building in which the premises will be situated will be used as a dwelling unless separate access will be available to the dwelling, and(c) any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and(d) no other objects, products or goods related to the restricted premises will be visible from outside the premises.
48 Consultation with the Department of Housing
The Council must:(a) refer a copy of any application for consent to development on any of the land which is shown bounded by a dotted pink line on the map to the Director-General of the Department of Housing, and(b) take into consideration any representation made to the Council by that Director-General within 28 days of the copy being so referred.
50 Development in the vicinity of Elizabeth Bay House
(1) The Council must not consent to the carrying out of development on land at No 26, 28, 30A, 30B or 32 Billyard Avenue, Elizabeth Bay, except with consent granted with the concurrence of the Historic Houses Trust of New South Wales.(2) In determining any application for development on land referred to in subclause (1), the Council must take the following matters into consideration:(a) the impact of the proposed development on the historic and visual relationship between Port Jackson, the foreshore and Elizabeth Bay House, and(b) the views to and from Elizabeth Bay House and the McElhone Reserve, and(c) the impact of the bulk and height of, and the materials to be used in, the proposed development.(3) In deciding whether to grant concurrence required by subclause (1), the Historic Houses Trust of New South Wales must take into consideration the matters specified in subclause (2).
54 Development for certain additional purposes
Nothing in this plan prevents the Council from granting consent to the carrying out, on land described in Column 1 of the following Table, of development specified, in relation to the land in Column 2 of the Table, subject to the conditions, if any, so specified for the development:
Table
Column 1
Column 2
780 Bourke St, Redfern.
Development for the purpose of serviced apartments.
35–43 Carillon Avenue and 114 Church Street, Camperdown.
Development for the purpose of car parking stations; supporting hotels.
61–71 Dunning Ave; 21–23 Morley Ave; 25–27 Morley Ave, Rosebery.
Development for the purpose of commercial premises.
1 Elizabeth Bay Road, Kings Cross.
Development for the purpose of police stations.
261–263 Oxford Street, Paddington.
Development for the purpose of refreshment rooms; offices.
230 Palmer Street, Darlinghurst.
Development for the purpose of car parking stations.
9 Telopea Street, Redfern.
Development for the purpose of commercial premises.
The site of the former Royal Alexandra Hospital for Children at Camperdown, being the land to which South Sydney Local Environmental Plan No 139 applied.
Development allowed within Zone No 2 (f) under Sydney Local Environmental Plan No 66 immediately before the appointed day, subject to the development standards set for the land by that plan at that time, so that:
(a) the maximum ratio of the gross floor area of all buildings to the site area is 1.5:1, and(b) the maximum height for buildings are those shown on the map marked “South Sydney Local Environmental Plan No 139—Height”.
Nothing in this plan is to be construed as restricting or prohibiting, or enabling the Council to restrict or prohibit the carrying out of development of any description specified in Schedule 3 by a public authority or a corporation that was a public authority which has been privatised.
56 Saving for pending development applications
(1) Local environmental plans and deemed environmental planning instruments apply to development applications lodged but not finally determined before the commencement of this plan as if this plan had been exhibited but had not commenced.(2) To remove any doubt, development standards imposed by any such plans and instruments on development proposed by those development applications apply even if those standards would not be imposed by other provisions of this plan.
56A Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.(2) The public land described in Part 1 or Part 2 of Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.(3) The public land described in Part 3 of Schedule 6 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.(4) The public land described in Part 1 of Schedule 6:(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.(5) The public land described in Part 2 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 6, and(b) any reservations that except land out of the Crown grant relating to the land, and(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 6.