Development to which division applies
42 Development to which division applies
This division applies to residential development if—
the development—
is permitted with development consent on the land under Chapter 5, Chapter 6 or another environmental planning instrument, or
will be carried out—
by the Land and Housing Corporation or the Aboriginal Housing Office, and
on land within an accessible area and within a designated Sydney local government area or the Central Coast, City of Cessnock, Kiama, City of Lake Macquarie, City of Maitland, City of Newcastle, Port Stephens, City of Shellharbour, City of Shoalhaven or City of Wollongong local government area, and
in a relevant residential zone, within the meaning of Chapter 5, and
all buildings will have a height not exceeding the greater of—
11m, or
the maximum permissible building height for the development on the land, and
all buildings will have a floor space ratio not exceeding the greater of—
0.65:1, or
the maximum permissible floor space ratio for the development on the land, and
the development will not result in more than 75 dwellings on a single site, and
for development on land in an accessible area—the development will result in the following number of parking spaces—
for each dwelling containing 1 bedroom—at least 0.4 parking spaces,
for each dwelling containing 2 bedrooms—at least 0.5 parking spaces,
for each dwelling containing at least 3 bedrooms—at least 1 parking space, and
for development on land that is not in an accessible area—the development will result in the following number of parking spaces—
for each dwelling containing 1 bedroom—at least 0.5 parking spaces,
for each dwelling containing 2 bedrooms—at least 1 parking space,
for each dwelling containing at least 3 bedrooms—at least 1.5 parking spaces.
This division also applies to the following development if the development is permitted on the land under another environmental planning instrument—
the demolition of buildings and associated structures if the building or structure is on land that—
is non-heritage land, and
is not identified in an environmental planning instrument as being in a heritage conservation area,
the subdivision of land and subdivision works.
This division does not apply to—
development to which Chapter 2, Part 2, Division 5 applies, or
development that is part of a project, or part of a stage of a project, that the Minister determined under the Act, former section 75P to be subject to the Act, Part 4.
State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.15 and 2.17 apply to the development and, in the application of the sections—
a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and
a reference in the sections to a public authority is taken to be a reference to the relevant authority.
In this section—
former section 75P means the Act, section 75P, as in force immediately before its repeal by the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011.
non-heritage land means land that—
does not contain a heritage item, and
is not the subject of an interim heritage order under the Heritage Act 1977, and
is not listed on the State Heritage Register under the Heritage Act 1977.
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