Part 4 Principal development standards
4.1 Minimum subdivision lot size
(1) The objectives of this clause are as follows:(a) to protect residential character by providing for the subdivision of land that results in lots that are consistent with the pattern, size and configuration of existing lots in the locality,(b) to promote a subdivision pattern that results in lots that are suitable for commercial and industrial development,(c) to protect the integrity of land holding patterns in rural localities against fragmentation,(d) to achieve low intensity of land use in localities of environmental significance,(e) to provide for appropriate bush fire protection measures on land that has an interface to bushland,(f) to protect and enhance existing remnant bushland,(g) to retain and protect existing significant natural landscape features,(h) to manage biodiversity,(i) to provide for appropriate stormwater management and sewer infrastructure.(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 Plan.(3) The size of any lot resulting from a 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.(3A) For the purposes of subclause (3), in calculating the size of a lot the area of any access corridor (including any right of carriageway, access way or other area that provides for vehicle access) is to be excluded, whether the access corridor is to be created or is in existence at the time of the application for development consent for the subdivision.(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
4.1AA Minimum subdivision lot size for community title schemes
(1) The objectives of this clause are as follows:(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.(2) This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:(a) Zone RU4 Primary Production Small Lots,(b) Zone E3 Environmental Management,(c) Zone E4 Environmental Living.(3) The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(1) The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.(2) This clause applies to the following rural zones:(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape,(c) Zone RU4 Primary Production Small Lots,(d) Zone RU6 Transition.Note. When this Plan was made it did not contain Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone RU6 Transition.(3) Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.(4) However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.(5) A dwelling cannot be erected on such a lot.Note. A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A Minimum subdivision lot size for strata subdivision of residential or tourist and visitor accommodation in certain zones
(1) The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.(2) This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation:(a) Zone RU4 Primary Production Small Lots,(b) Zone E3 Environmental Management,(c) Zone E4 Environmental Living.(3) Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that lot.
(1) The objectives of this clause are as follows:(a) to ensure that buildings are compatible with the height and scale of surrounding and nearby development,(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access,(c) to minimise any adverse impact of development on the scenic quality of Warringah’s coastal and bush environments,(d) to manage the visual impact of development when viewed from public places such as parks and reserves, roads and community facilities.(2) 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.(2A) 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 the specified Reduced Level.
[Not adopted]
4.5 Calculation of floor space ratio and site area
[Not adopted]
4.6 Exceptions to development standards
(1) The objectives of this clause are as follows:(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Development 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) Development 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) Development 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) Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or 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.Note. When this Plan was made it did not contain Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU6 Transition or Zone R5 Large Lot Residential.(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 development 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,(c) clause 5.4.(8A) Also, this clause does not allow development consent to be granted for development that would contravene a development standard for the maximum height of a building shown on the Height of Buildings Map on land shown on the Key Sites Map as the Dee Why Town Centre.