Strathfield Local Environmental Plan 2012
Part 4 Principal development standards
4.1 Minimum subdivision lot size
(1) The objectives of this clause are as follows:(a) to promote consistent subdivision and development patterns that reflect and reinforce the predominant subdivision pattern of the area,(b) to ensure a variety of lot sizes are maintained of sufficient size and shape to accommodate a variety of development types,(c) to preserve large industrial lots in order to provide a range of large-scale sites suitable for industrial activities that require integrated and large floorplates.(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.(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
4.1A Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings
(1) The objective of this clause is to achieve planned residential density in certain zones.(2) Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, only if the area of the lot is equal to or greater than the area specified for that purpose and shown opposite in Column 3 of the Table.
Column 1 Column 2 Column 3 Dual occupancy Zone R3 Medium Density Residential 560 square metres Multi dwelling housing Zone R3 Medium Density Residential or Zone R4 High Density Residential 1,000 square metres Residential flat building Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone B2 Local Centre, Zone B3 Commercial Core or Zone B4 Mixed Use 1,000 square metres
4.2 Rural subdivision
4.3 Height of buildings
(1) The objectives of this clause are as follows:(a) to ensure that development is of a height that is generally compatible with or which improves the appearance of the existing area,(b) to encourage a consolidation pattern that leads to the optimum sustainable capacity height for the area,(c) to achieve a diversity of small and large development options.(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.
4.3A Exceptions to height of buildings (Parramatta Road Corridor)
Despite clause 4.3, the height of a building on land in “Area 1” identified on the Height of Buildings Map that comprises a key site shown in Column 1 of the Table to this clause and is identified as a key site on the Key Sites Map is not to exceed the maximum height shown opposite in Column 2.
Column 1 Column 2 Key site number Maximum height Part of 75 20 metres 4, 7, 9, part of 10, 12, part of 19, 23, 24, 38–41 or 53 22 metres Part of 8, 14, 33, 46, or 56 26 metres Part of 11, 17, part of 19, 25, 26, 30, part of 43, part of 44, part of 45, 47–49, 60, part of 62, part of 64, part of 65, part of 66, 67–69, part of 76, part of 77, 80–82, 85 or 86 29 metres 27, 29, 52, part of 70, part of 78, part of 87 or 91–93 32 metres 18, 51, 57 or part of 71 35 metres 16, part of 31, part of 83 or part of 88 42 metres
4.4 Floor space ratio
(1) The objectives of this clause are as follows:(a) to ensure that dwellings are in keeping with the built form character of the local area,(b) to provide consistency in the bulk and scale of new dwellings in residential areas,(c) to minimise the impact of new development on the amenity of adjoining properties,(d) to minimise the impact of development on heritage conservation areas and heritage items,(e) in relation to Strathfield Town Centre:(i) to encourage consolidation and a sustainable integrated land use and transport development around key public transport infrastructure, and(ii) to provide space for the strategic implementation of economic, social and cultural goals that create an active, lively and people-orientated development,(f) in relation to Parramatta Road Corridor—to encourage a sustainable consolidation pattern that optimises floor space capacity in the corridor.(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.4A Exceptions to floor space ratio (Parramatta Road Corridor)
Despite clause 4.4, the floor space ratio of a building on land in “Area 1” identified on the Floor Space Ratio Map that comprises a key site shown in Column 1 of the Table to this clause and is identified as a key site on the Key Sites Map is not to exceed the floor space ratio shown opposite in Column 2.
Column 1 Column 2 Key site number Floor space ratio 1–4, 6, 38–41, 47–50, 53, 63 or 67–69 2:1 7, 9, 10, 28, 46, 52, 54, 58, 60, 61 or 72–74 2.25:1 12–14, 17, part of 19, 22–24, 37, 51, 56 or 57 2.5:1 5, 8, 11, 27, 33, 43, 44, 75, 79–82, 84–86, 88–90, 92 or 93 2.7:1 15, 16, 18, part of 19, 59, 62, 64–66, 83, 87 or 91 2.95:1 45 or 55 3.1:1 20, 21, 25, 26, 29–32, 70, 71 or 76–78 3.15:1
4.4B Exceptions to floor space ratio (Strathfield Town Centre)
(1) Despite clause 4.4, the maximum floor space ratio for a building on a lot in “Area 2” identified on the Floor Space Ratio Map may exceed 3:1 if the size of the lot exceeds 1,500 square metres but:(a) must not exceed 5:1, or(b) if the building will meet the design excellence criteria specified in clause 6.7—must not exceed 7.5:1.(2) Despite clause 4.4, the maximum floor space ratio for a building on a lot in “Area 3” identified on the Floor Space Ratio Map may exceed 3:1 if the size of the lot exceeds 1,500 square metres, but must not exceed 5:1.
4.4C Exceptions to floor space ratio (Zone R2)
Despite clause 4.4, the maximum floor space ratio for a building on a lot being land in Zone R2 Low Density Residential, with an area specified in Column 1 of the Table to this clause, is the floor space ratio specified opposite that lot in Column 2 of the Table.
Column 1 Column 2 Lot area (m2) Floor space ratio < 500 0.65:1 500–599 0.625:1 600–699 0.60:1 700–799 0.575:1 800–899 0.55:1 900–999 0.525:1 ≥ 1,000 0.50:1
4.5 Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows:(a) to define floor space ratio,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and(iii) require community land and public places to be dealt with separately.(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:(a) if the proposed development is to be carried out on only one lot, the area of that lot, or(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.(4) Exclusions from site area The following land must be excluded from the site area:(a) land on which the proposed development is prohibited, whether under this Plan or any other law,(b) community land or a public place (except as provided by subclause (7)).(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.(10) Covenants affect consolidated sites If:(a) a covenant of the kind referred to in subclause (9) applies to any land (affected land), andthe maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
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 Secretary has been obtained.(5) In deciding whether to grant concurrence, the Secretary 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 Secretary 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 include 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 E3 Environmental Management or Zone E4 Environmental Living.(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.