Part 4 Principal development standards
19 Minimum subdivision lot size
(1) The objectives of this clause are as follows:(a) to ensure that the minimum size for lots is sufficient for the provision of usable areas for building and open space,(b) to facilitate and encourage a range of residential lot types, in particular, small lot housing,(c) to encourage the efficient use of land for residential purposes.(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan.(3) The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan.
19A Minimum lot sizes for other development
(1) Development must not be carried out on a lot within Zone R1 General Residential, Zone R3 Medium Density Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use for any of the following purposes if the area of the lot is less than the area specified below in relation to those purposes:(a) dwelling house—250m2,(b) dual occupancy—600m2,(c) multi dwelling housing—125m2,(d) residential flat building—1,000m2.(2) Development must not be carried out on a lot within Zone E4 Environmental Living for the purposes of a dwelling house if the area of the lot is less than 1,000m2.
19B Residential density—Oran Park Precinct
(1) The objective of this clause is to make provision with respect to the delivery of 7,540 new dwellings in the Oran Park Precinct.(2) Development consent must not be granted to the subdivision of land intended to be used for residential purposes within the Oran Park Precinct unless the consent authority is satisfied that:(a) a development control plan has been prepared providing for not less than 7,540 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and(b) the granting of consent would not preclude or impede that number of dwellings within the Precinct.
19C Residential density—Turner Road Precinct
(1) The objective of this clause is to make provision with respect to the delivery of 4,020 new dwellings in the Turner Road Precinct.(2) Development consent must not be granted to the subdivision of land intended to be used for residential purposes within the Turner Road Precinct unless the consent authority is satisfied that:(a) a development control plan has been prepared providing for not less than 4,020 new dwellings within the Precinct and containing provisions to encourage a mix of dwelling types to be provided, and(b) the granting of consent would not preclude or impede that number of dwellings within the Precinct.
The total area used for the purposes of bulky goods premises on all land within Zone B5 Business Development must not exceed 40,000m2.
19E Retail premises—Turner Road Precinct
(1) The total area used for retail premises on all land within Zone B5 Business Development in the Turner Road Precinct must not exceed 2,500m2.(2) The total area used for retail premises (other than bulky goods premises or timber and building supplies) in a particular development for that purpose on land within Zone B5 Business Development in the Turner Road Precinct must not exceed 500m2.
(1) The objectives of this clause are as follows:(a) to preserve the amenity of adjoining development in terms of solar access to dwellings, private open space and bulk and scale,(b) to provide for a range of residential building heights in appropriate locations that provide a high quality urban form,(c) to facilitate higher density neighbourhood and town centres while minimising impacts on adjacent residential areas,(d) to provide appropriate height controls for commercial and industrial development.(2) Except as provided by this clause, the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.(3) If the Height of Buildings Map specifies, in relation to any land shown on that map, a Reduced Level for any building on that land, any such building is not to exceed that specified Reduced Level.(4) The consent authority may grant development consent for development for the purpose of attached housing, a dwelling house, dual occupancy, multi dwelling housing or a semi-detached dwelling on land within Zone R1 General Residential or Zone R3 Medium Density Residential, or a dwelling house within Zone E4 Environmental Living, that exceeds 9.5m in height above finished ground level, if the consent authority is satisfied that the development:(a) is located:(i) on a prominent street corner, or(ii) adjacent to a neighbourhood or local centre or public open space, or(iii) on land with a finished ground level slope equal to or more than 15%, and(b) is not likely to have an adverse impact on the existing or future amenity of any adjoining land on which residential development is permitted, having regard to over shadowing, visual impact and any impact on privacy.(5) The consent authority may grant development consent for development on land within Zone B5 Business Development or Zone IN1 General Industrial, that does not exceed 15 metres in height above finished ground level, if the land has frontage to Badgally Road, Camden Valley Way, the Northern Road or East West Road (as shown in the Oran Park Precinct Development Control Plan or the Turner Road Precinct Development Control Plan), or to land within Zone RE1 Public Recreation or Zone RE2 Private Recreation.
24 Exceptions to development standards
(1) The objectives of this clause are:(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) that there are sufficient environmental planning grounds to justify contravening the development standard.(4) Consent must not be granted for development that contravenes a development standard unless:(a) the consent authority is satisfied that:(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and(b) the concurrence of the Director-General has been obtained.(5) In deciding whether to grant concurrence, the Director-General must consider:(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and(b) the public benefit of maintaining the development standard, and(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.(6) Consent must not be granted under this clause for a subdivision of land within Zone E4 Environmental Living if:(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).(8) This clause does not allow consent to be granted for development that would contravene any of the following:(a) a development standard for complying development,(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated listed in the table to this clause,(c) a development standard listed in the table to this clause.Note. At the time this Precinct Plan was made, no exclusions were listed in a table to this clause.