New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2011 - REG 7.14

7.14 Community infrastructure floor space in Dee Why Town Centre

(1) The objectives of this clause are as follows--

(a) to ensure that the development of particular sites within the Dee Why Town Centre delivers certain public improvement works,

(b) to encourage additional development within the Dee Why Town Centre that incorporates adequate access networks,

(c) to provide a range of development that supports community and visitor needs.

(2) This clause applies to land on Site C, Site D or Site E.

(3) The consent authority may consent to development that results in additional floor space or exceeds the maximum floor space ratio, or exceeds the maximum building height, in accordance with subclause (4) if the consent authority is satisfied that the development meets the following community infrastructure objectives--

(a) for land on Site C--the development includes pedestrian and vehicular access that provides a suitable level of connectivity between Oaks Avenue and Pacific Parade,

(b) for land on Site D--the development makes sufficient provision for articulated vehicles to access Pacific Parade from Pittwater Road,

(c) for land on Site E--

(i) the development includes a pedestrian and vehicular access network with a suitable level of connectivity throughout Site E, and

(ii) vehicular access to the land will not compromise the function and flow of the surrounding arterial roads, and

(iii) pedestrian access is prioritised at ground level.

(4) The consent authority must not consent to the erection of a building on land to which this clause applies if--

(a) for a building on land on Site C--

(i) the floor space ratio exceeds 3.6:1, and

(ii) the building height exceeds 46 metres, or

(b) for a building on land on Site D--the floor space exceeds the floor space achieved by applying the maximum floor space ratio plus a gross floor area of 240 square metres, or

(c) for a building on land on Site E--

(i) for land fronting Pittwater Road--the building height exceeds 49 metres, or

(ii) for land fronting Fisher Road or St David Avenue--the building height exceeds 20 metres.

(5) In deciding whether to grant development consent, the consent authority--

(a) must be satisfied that the development is consistent with the objectives of this clause, and

(b) must be satisfied that the community infrastructure is reasonably necessary at Dee Why, and

(c) must take into account the nature of the community infrastructure and its value to the Dee Why community.