Cumberland Local Environmental Plan 2021

The objective of this clause is to ensure that active uses are provided at the street level in certain employment and mixed use zones to encourage the presence and movement of people.

This clause applies to land in the following zones—

Zone E1 Local Centre,

Zone E2 Commercial Centre,

Zone MU1 Mixed Use.

Development consent must not be granted to development for the purposes of commercial premises, mixed use development that includes commercial premises or a change of use of a building to commercial premises on land to which this clause applies unless the consent authority is satisfied that the ground floor of the building—

will not be used for the purposes of residential accommodation or serviced apartments, and

will not be used for a car park or to provide ancillary car parking spaces, and

will provide for uses and building design elements that encourage interaction between the inside of the building and the external public areas adjoining the building.

Subclause (3)(b) does not apply to a site that—

is greater than 60 metres in depth from all street frontages, or

has a gradient steeper than 15%, measured from boundary to boundary, or

is owned by a public authority and is to be used as a public or commuter car park.

Subclause (3)(c) does not apply to a part of a building that—

faces a service lane that does not require active street frontages, or

is used for one or more of the following purposes—

a lobby for a commercial, residential, serviced apartment or hotel part of the building,

access for fire services,

vehicular access.