floor space ratio
📖 O que é floor space ratio? Significado e conceito
The floor space ratio (FSR) is a crucial development standard that local councils use to manage the intensity of development on a particular site. It is calculated by dividing the total gross floor area of all buildings on a site by the total area of the site itself. For example, if a site has an FSR of 1:1, it means the total floor area of all buildings cannot exceed the area of the land.
FSR is often found in Local Environmental Plans (LEPs), such as the Woollahra Local Environmental Plan 2014 or the Marrickville Local Environment Plan 2011. These plans set specific FSR limits for different zones and properties. When a proposed development, like a multi-unit building, exceeds the permitted FSR, it is considered a 'contravention' of the development standard.
In such cases, an applicant may need to justify the variation of the FSR standard under specific clauses of the LEP, such as cl 4.6. The Land and Environment Court may then assess whether the proposed variation is appropriate in the circumstances. Non-compliance with FSR standards can be a main contention in development applications and appeals, often leading to refusal if not adequately addressed and justified, as it directly relates to concerns about the bulk and scale of a building and its impact on the streetscape and adjoining properties.
📋 Requisitos
- The proposed development must comply with the FSR development standard set out in the relevant Local Environmental Plan (LEP).
- If the proposed development contravenes the FSR standard, a written request justifying the contravention must be submitted.
- The Court or Council needs to be satisfied that the variation of the FSR standard is appropriate in the circumstances.
📝 Procedimento
- A development application is submitted to the Council for a proposed building.
- The Council assesses the application, including compliance with the FSR development standard.
- If the FSR is contravened, the applicant provides a written request to justify the variation under the relevant LEP clause (e.g., cl 4.6).
- The Council or, in an appeal, the Land and Environment Court, reviews the justification and determines if the variation is appropriate.
💡 Exemplos
- A developer proposes a 3-storey multi-unit development, but the total floor area of the proposed building exceeds the floor space ratio allowed by the local council's planning rules for that specific site, leading to a refusal.
- An applicant seeks to vary the floor space ratio and height of buildings development standards for a proposed work on a shared driveway, requiring the Court to assess if the variation is appropriate under the local environmental plan.
- A modified proposal for attached dwellings reduces the number of car spaces and adjusts floor levels, but is still refused consent because the applicant failed to justify the contravention of the floor space ratio development standard to…
- Concerns about the bulk and scale of a new building, particularly regarding its floor space ratio and boundary setbacks, are central to a dispute over a development application.
📚 Base legal
- Environmental Planning and Assessment Act (EPA Act)
- Woollahra Local Environmental Plan 2014 (LEP)
- Marrickville Local Environment Plan 2011 (LEP 2011)
❓ Perguntas frequentes
What does 'floor space ratio' mean for my property?
Floor space ratio (FSR) determines the maximum total floor area your building can have in relation to the size of your land, helping to control how big and bulky buildings can be in your area.
Where can I find the FSR for my land?
The FSR for your land is typically specified in your local council's Local Environmental Plan (LEP), which outlines planning rules for different zones and properties.
What happens if my proposed building exceeds the FSR?
If your proposed building exceeds the FSR, it's considered a contravention of the development standard. You may need to submit a written request to justify why the variation should be allowed under specific clauses of the LEP.
Can a development application be refused because of FSR?
Yes, development applications can be refused if they do not comply with the FSR standard, especially if the non-compliance leads to concerns about the bulk and scale of the building or its impact on the surrounding area.
Is it possible to get approval for a building that exceeds the FSR?
It is possible, but you must provide a strong justification for the contravention, demonstrating that the variation is appropriate in the specific circumstances of your case, often under a clause like cl 4.6 of the LEP.
Does FSR affect the height of my building?
While FSR directly controls the total floor area, it often works in conjunction with other development standards like height of buildings, as both contribute to the overall bulk and scale of a structure.