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In NSW, a developer applies to build a 15-storey apartment building on land zoned R2 Low Density Residential under the local environmental plan. What is the most likely outcome?

Correct Answer

B) Refusal, because the proposal far exceeds the zone's height and density controls.

R2 Low Density Residential is a zone under the NSW Standard Instrument local environmental plans. It is intended for low-scale housing, and residential flat buildings are generally prohibited in it, with height of buildings maps usually limiting development to around two storeys. A 15-storey apartment building conflicts with the zone objectives and controls and would most likely be refused.

Answer Options
A
Approval as of right, because apartments are a residential use in a residential zone.
B
Refusal, because the proposal far exceeds the zone's height and density controls.
C
Approval with conditions requiring extra landscaping and environmental safeguards.
D
Approval once a clause 4.6 variation request justifies exceeding the height limit.

Why This Is the Correct Answer

An R2 zone in a NSW local environmental plan is for low-scale housing, with height limits usually around 8.5 to 9.5 metres. A 15-storey apartment building is far outside the zone's controls and is likely to be prohibited outright, so refusal is the likely outcome.

Why the Other Options Are Wrong

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Key Terms:

R2 zoningheight limitsdensity controlsLEPdevelopment standards
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