New South Wales Consolidated Regulations

SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2006 - REG 33

33 Building height

(1) Clause does not apply to seniors housing in Zone 4, 5 or 6 This clause does not apply to seniors housing on land in Zone 4--Local Housing, Zone 5--Multiple Dwelling A or Zone 6--Multiple Dwelling B.

(2) Objectives The objectives of this clause are as follows--

(a) to ensure the scale of buildings--

(i) is consistent with the desired scale and character of the street and locality in which the buildings are located, and

(ii) complements any natural landscape setting of the buildings,

(b) to allow reasonable daylight access to all buildings and the public domain,

(c) to minimise the impacts of new buildings on adjoining or nearby properties from loss of views, loss of privacy, overshadowing or visual intrusion,

(d) to ensure that the visual impact of buildings is minimised when viewed from adjoining properties, the street, waterways and public reserves,

(e) to ensure, where possible, that the height of non-residential buildings in residential zones is compatible with the scale of residential buildings on land in those zones.

(3) The consent authority must not consent to development for the purpose of a building unless it has considered the objectives of this clause.

(4) Height of building generally--default position A building must comply with each of the following--

(a) the building must not comprise more than 2 storeys,

(b) the building must not exceed the following--

(i) a height of 7.2 metres, as measured vertically from ground level to any point on the uppermost ceiling in the building,

(ii) a height of 9 metres, as measured vertically from ground level to the highest point of the roof of the building.

(5) Subclause (4) does not apply to a building referred to elsewhere in this clause (other than a building referred to in subclause (12) or (13)).

(6) Buildings in Zone 7 A building on land in Zone 7--Mixed Use--Kirrawee must not comprise more than the maximum number of storeys specified on the Height and Density Controls Map in relation to that land.

(7) A building on land in Zone 7--Mixed Use--Kirrawee must not exceed any maximum height (as measured vertically from ground level to the highest point of the roof of the building) specified on the Height and Density Controls Map in relation to that land.

(8) Buildings in Zone 8, 9 or 10 A building on land in Zone 8--Urban Centre, Zone 9--Local Centre or Zone 10--Neighbourhood Centre must not comprise more than--

(a) the maximum number of storeys specified on the Height and Density Controls Map in relation to the land concerned, or

(b) if that map does not specify a maximum number of storeys in relation to the land concerned--

(i) 2 storeys in the case of a building located on land in Zone 10--Neighbourhood Centre, or

(ii) 3 storeys in any other case.

(9) A building on land in Zone 8--Urban Centre, Zone 9--Local Centre or Zone 10--Neighbourhood Centre must not exceed any maximum height specified on the Height and Density Controls Map in relation to the land concerned.

(10) Maximum number of storeys and height on certain land in Miranda Despite subclause (8) or (9), a building on land in Zone 8--Urban Centre or Zone 12--Special Uses that is shown hatched on the Height and Density Controls Map may--

(a) comprise 8 storeys, or

(b) have a height that exceeds 28 metres, but does not exceed 32 metres (as measured vertically from ground level to the highest point of the roof of the building),

but only if the consent authority is satisfied that--

(c) any overshadowing of land caused by the building is no greater than the overshadowing that would be caused if the building comprised the maximum number of storeys and had the maximum height that would otherwise apply to the building under subclause (8) or (9), and

(d) the design of the building significantly benefits urban design and the public domain in the location.

Note--: The maximum number of storeys and height applying to the above land, as shown on the Height and Density Controls Map, is 7 storeys and 28 metres respectively.

(11) Buildings in Zone 11 A building on land in Zone 11--Employment must not exceed a height of 12 metres, as measured vertically from ground level to the highest point of the roof.

(12) Despite subclause (11), a building on land in Zone 11--Employment that adjoins land in Zone 3--Environmental Housing (Bushland) or Zone 4--Local Housing must not exceed a height of 9 metres, as measured vertically from ground level to the highest point of the roof.

(13) Despite subclauses (5) and (11), a dwelling house on land in Zone 11--Employment must comply with subclause (4).

(14) Residential flat buildings Despite anything to the contrary in this clause, a residential flat building must not comprise more than--

(a) the maximum number of storeys specified on the Height and Density Controls Map in relation to the land concerned, or

(b) if that map does not specify a maximum number of storeys in relation to the land concerned--3 storeys.

(15) Despite anything to the contrary in this clause, a residential flat building must not exceed any maximum height (as measured vertically from ground level to the highest point of the roof of the building) specified on the Height and Density Controls Map in relation to the land concerned.

(16) Villa houses Despite anything to the contrary in this clause, a villa house must not exceed the following--

(a) a height of 3.6 metres, as measured vertically from ground level to any point on the uppermost ceiling,

(b) a height of 5.4 metres, as measured vertically from ground level to the highest point on the roof.