North Eveleigh Building Heights – Current NSW Legislation

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Building Heights in NSW Legislation

This is part of an ongoing investigation into how Urban Growth NSW can come up with 20 Storey Building Heights on the proposed High Density North Eveleigh site. We have been recently told (Meeting 31 March 2016) that the proposed 20 Storey Heights are apparently “non negotiable”. Hearing that the main reason was the buildings minimal Solar shadowing (across the railway) and the forecast in population increase in Sydney we decided to have a look at the current Legislation.

On the City Of Sydney Planning Controls map it is noted that the North Eveleigh site is listed under the Redfern-Waterloo Authority which uses the following State Environmental Planning Policy (State Significant Precincts) 2005 (1).

North Eveleigh is also referenced below in the 2012 Sydney Regional Environment Plan 26 City West (2).

These legislative planning documents outline amongst other things, Building Height restrictions. The below references the current NSW Government Legislations available in regard to the North Eveleigh precinct.

(1) State Environmental Planning Policy (State Significant Precincts) 2005

According to the NSW Legislation Website “State Environmental Planning Policy (State Significant Precincts) 2005”, to which the North Eveleigh Precinct is part of, the Maximum building height allowed for the area is 10 storeys.

Redfern-Waterloo Authority Sites

Height of buildings Map    shows 10 storeys maximum

http://www.legislation.nsw.gov.au/map/SEPP_MD_RWA_HOB_001_20110913.pdf?id=88bf3142-d24c-e128-fad0-e65dcce1fcd2

EDIT 5 April 2016 – The Current Legislation says  In Part 5 Section 21 : Note Clause 3

21   Height, floor space ratio and gross floor area restrictions

(1)  The height of a building on any land that is the subject of the Height of Buildings Map is not to exceed the maximum height shown for the land on that map.      (10 storeys)

(2)  The floor space ratio of a building on any land that is the subject of the Floor Space Ratio Map is not to exceed the floor space ratio shown for the land on that map.   (FSR 2:1)

(2A)  The gross floor area of a building on any land that is the subject of the Gross Floor Area Map, being land known as the Australian Technology Park, is not to exceed the gross floor area shown for the land on that map.

Note. The total maximum floor space ratio for the land to which this subclause applies is equivalent to 2:1.

(3)  This clause applies only in relation to development where the Minister has not, in an approval for a concept plan for the development (whether given before or after the commencement of this clause), provided for the construction of a building that exceeds the height, floor space ratio or gross floor area restrictions, or any combination of restrictions, set out in subclauses (1), (2) and (2A).