Bayside Local Environmental Plan 2021

The objective of this clause is to deliver the highest standard of architectural, urban and landscape design.

This clause applies to the following development—

development involving the erection of a new building or external alterations to an existing building within the Arncliffe Precinct or the Banksia Precinct,

development involving the erection of a new building or external alterations to an existing building on land shown edged heavy black on the Design Excellence Map,

development that is the subject of a development application that relies on clause 4.3(2A) (a), (f), (g), (h), (i) or (k).

Note.

In determining an application for a modification of a development consent granted under this clause, the consent authority must again take the requirements of this clause into consideration (see section 4.55 (3) of the Act).

Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence.

In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—

whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

whether the form, arrangement and external appearance of the development will improve the quality and amenity of the public domain,

whether the development detrimentally impacts on view corridors,

the requirements of any development control plan made by the Council and as in force at the commencement of this clause,

how the development addresses the following matters—

the suitability of the land for development,

existing and proposed uses and use mix,

heritage issues and streetscape constraints,

the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

bulk, massing and modulation of buildings,

street frontage heights,

environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

the achievement of the principles of ecologically sustainable development,

pedestrian, cycle, vehicular and service access, circulation and requirements,

the impact on, and any proposed improvements to, the public domain,

achieving appropriate interfaces at ground level between the building and the public domain,

excellence and integration of landscape design.

Development consent must not be granted to development to which this clause applies unless—

if the development is in respect of a building that is, or will be, higher than 12 metres or 3 storeys (or both) but not higher than 40 metres or 12 storeys (or both)—

a design review panel has reviewed the development, and

the consent authority takes into account the findings of the design review panel, or

if the development is in respect of a building that is, or will be, higher than 40 metres or 12 storeys (or both)—

a competitive design process is held in relation to the development, and

the consent authority takes into account the results of the competitive design process.

Subclause (5)(b) does not apply if—

the consent authority certifies in writing that a competitive design process is not required, and

a design review panel reviews the development, and

the consent authority takes into account the advice of the design review panel.

In this clause—

competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.

design review panel means a panel of at least 3 persons established by the consent authority.

(Repealed)