54   Development at 11–13 Hercules Street, Ashfield

(1)  This clause applies to land at 11–13 Hercules Street, Ashfield as shown edged heavy black and lettered “3 (a)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 104)”.

(2)  In determining whether to grant consent to development of any land to which this clause applies, the Council must consider:

(a)  the extent to which the land may be contaminated such that there is likely to be an immediate or long-term hazard to human health or the environment, and

(b)  the need for remediation in order to remove or reduce any such hazard, and

(c)  the impact of any required remediation on adjoining land.

(3)  The Council must not grant consent to development that would result in a building on land to which this clause applies having a floor space ratio that exceeds 2:1.

(4)  The Council may grant consent for a mixed development building (being a building used for residential and commercial purposes) having a floor space ratio greater than the maximum allowed by subclause (3), if:

(a)  the floor space ratio of the building does not exceed 3:1, and

(b)  the Council is satisfied that the additional floor area (being the floor area that would not be allowed by that maximum) is only used for residential purposes, and

(c)  the Council is satisfied that the development will not result in an adverse impact on any one or more of the following:

(i)  the scale and character of the streetscape,

(ii)  the amenity of any existing or potential residential units on neighbouring land,

(iii)  sunlight access to surrounding streets, open space and nearby properties,

(iv)  wind flow patterns to surrounding streets, open space and nearby properties.

(5)  Clauses 17 and 40 do not apply to land to which this clause applies.