Bayside Local Environmental Plan 2021

The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages.

This clause applies to land identified as “Active street frontage” on the Active Street Frontages Map.

Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.

Despite subclause (3), an active street frontage is not required for any part of a building used for any of the following—

entrances and lobbies (including as part of mixed use development),

access for fire services,

vehicle access.

For the purpose of this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of one or more of the following—

business premises,

retail premises,

medical centre.

Despite any other provision of this plan, development consent may be granted to development on land to which this clause applies for the purposes of mixed use development if the development—

is for the purpose of residential accommodation and 1 or more land uses listed in subclause (5), and

otherwise complies with this clause.

Development consent must not be granted for a mixed use development that includes residential accommodation unless the consent authority is satisfied that no part of the ground floor of the building with active street frontage will be used for the purpose of residential accommodation.