Land
Use Table
Note—
A type of development referred to in the Land Use
Table is a reference to that type of development only to the extent it is not
regulated by an applicable State environmental planning policy. The following
State environmental planning policies in particular may be relevant to
development on land to which this Plan applies—
State Environmental Planning
Policy (Affordable Rental Housing) 2009 (including
provision for secondary dwellings)
State Environmental Planning
Policy (Housing for Seniors or People with a Disability)
2004
State Environmental Planning
Policy (Infrastructure) 2007—relating to
infrastructure facilities such as those that comprise, or are for, air
transport, correction, education, electricity generating works and solar
energy systems, health services, ports, railways, roads, waste management and
water supply systems
State Environmental Planning
Policy (Mining, Petroleum Production and Extractive Industries)
2007
State Environmental Planning
Policy No 33—Hazardous and Offensive
Development
State Environmental Planning
Policy No 50—Canal Estate
Development
State Environmental Planning
Policy No 64—Advertising and
Signage
State Environmental Planning
Policy (Primary Production and Rural Development)
2019
Land Use tbl: Am 2017
(493), Sch 1.1 [1] [2]; 2018 (414), cl 4 (1)–(5); 2018 (488), Sch 1.1
[1]; 2019 (558), Sch 1[2]; 2019 (621), Sch 3.
Zone RU4Primary Production Small
Lots
1Objectives of
zone
•
To enable sustainable primary industry and other
compatible land uses.
•
To encourage and promote diversity and employment
opportunities in relation to primary industry enterprises, particularly those
that require smaller lots or that are more intensive in
nature.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without
consent
Home occupations
3Permitted with
consent
Agriculture; Animal boarding or training
establishments; Aquaculture; Building identification signs; Business
identification signs; Dwelling houses; Environmental facilities; Environmental
protection works; Extensive agriculture; Farm buildings; Flood mitigation
works; Home businesses; Intensive plant agriculture; Kiosks; Plant nurseries;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Roads; Roadside stalls; Water supply systems
4Prohibited
Any development not specified in item 2 or
3
Zone R2Low Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a low density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To allow for certain non-residential development
that is compatible with residential uses and does not adversely affect the
living environment or amenity of the area.
•
To allow for the development of low density
housing that has regard to local amenity.
•
To require landscape as a key characteristic in
the low density residential environment.
2Permitted without
consent
Home occupations
3Permitted with
consent
Bed and breakfast accommodation; Boarding houses;
Boat sheds; Building identification signs; Business identification signs; Car
parks; Centre-based child care facilities; Community facilities; Dual
occupancies; Dwelling houses; Emergency services facilities; Environmental
facilities; Environmental protection works; Exhibition homes; Flood mitigation
works; Group homes; Health consulting rooms; Home-based child care; Home
businesses; Hospitals; Information and education facilities; Jetties; Oyster
aquaculture; Places of public worship; Pond-based aquaculture; Public
administration buildings; Recreation areas; Respite day care centres; Roads;
Secondary dwellings; Semi-detached dwellings; Seniors housing; Tank-based
aquaculture; Water recreation structures; Water supply
systems
4Prohibited
Any development not specified in item 2 or
3
Zone R3Medium Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To allow for certain non-residential development
that is compatible with residential uses and does not adversely affect the
living environment or amenity of the area.
•
To allow for the development of medium density
housing that has regard to local amenity and provides a suitable visual
transition between high density residential areas and low density residential
areas.
•
To require landscape as a key characteristic in
the medium density residential environment.
2Permitted without
consent
Nil
3Permitted with
consent
Attached dwellings; Bed and breakfast
accommodation; Boarding houses; Building identification signs; Business
identification signs; Car parks; Centre-based child care facilities; Community
facilities; Dwelling houses; Emergency services facilities; Environmental
facilities; Environmental protection works; Flood mitigation works; Group
homes; Home businesses; Information and education facilities; Multi dwelling
housing; Neighbourhood shops; Oyster aquaculture; Places of public worship;
Public administration buildings; Recreation areas; Respite day care centres;
Roads; Secondary dwellings; Seniors housing; Tank-based aquaculture; Water
supply systems
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone R4High Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a high density residential environment.
•
To provide a variety of housing types within a
high density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without
consent
Nil
3Permitted with
consent
Attached dwellings; Bed and breakfast
accommodation; Boarding houses; Building identification signs; Business
identification signs; Car parks; Centre-based child care facilities; Community
facilities; Dwelling houses; Emergency services facilities; Environmental
facilities; Environmental protection works; Flood mitigation works; Home
businesses; Information and education facilities; Multi dwelling housing;
Neighbourhood shops; Oyster aquaculture; Places of public worship; Public
administration buildings; Recreation areas; Residential flat buildings;
Respite day care centres; Roads; Secondary dwellings; Seniors housing;
Serviced apartments; Shop top housing; Water supply
systems
4Prohibited
Pond-based aquaculture; Tank-based aquaculture;
Any other development not specified in item 2 or 3
Zone B1Neighbourhood
Centre
1Objectives of
zone
•
To provide a range of small-scale retail,
business and community uses that serve the needs of people who live or work in
the surrounding neighbourhood.
•
To provide for certain residential uses that are
compatible with the mix of uses in neighbourhood
centres.
2Permitted without
consent
Nil
3Permitted with
consent
Boarding houses; Building identification signs;
Business identification signs; Business premises; Car parks; Centre-based
child care facilities; Community facilities; Environmental facilities;
Environmental protection works; Flood mitigation works; Garden centres;
Hardware and building supplies; Health services facilities; Home businesses;
Information and education facilities; Kiosks; Landscaping material supplies;
Markets; Medical centres; Neighbourhood shops; Neighbourhood supermarkets;
Office premises; Oyster aquaculture; Places of public worship; Plant
nurseries; Public administration buildings; Recreation areas; Recreation
facilities (indoor); Recreation facilities (outdoor); Registered clubs;
Research stations; Residential flat buildings; Respite day care centres;
Restaurants or cafes; Roads; Seniors housing; Service stations; Shop top
housing; Shops; Specialised retail premises; Take away food and drink
premises; Tank-based aquaculture; Timber yards; Tourist and visitor
accommodation; Vehicle repair stations; Vehicle sales or hire premises;
Veterinary hospitals; Water supply systems
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone B2Local
Centre
1Objectives of
zone
•
To provide a range of retail, business,
entertainment and community uses that serve the needs of people who live in,
work in and visit the local area.
•
To encourage employment opportunities in
accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To provide for certain residential uses that are
compatible with the mix of uses in local centres.
2Permitted without
consent
Nil
3Permitted with
consent
Boarding houses; Building identification signs;
Business identification signs; Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Information and education facilities; Medical
centres; Oyster aquaculture; Passenger transport facilities; Recreation
facilities (indoor); Registered clubs; Residential flat buildings; Respite day
care centres; Restricted premises; Roads; Seniors housing; Service stations;
Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Biosolids treatment facilities;
Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping
grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity
generating works; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Heavy
industrial storage establishments; Helipads; Highway service centres; Home
occupations (sex services); Industrial retail outlets; Industrial training
facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries;
Open cut mining; Pond-based aquaculture; Port facilities; Residential
accommodation; Rural industries; Sewage treatment plants; Sex services
premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle
body repair workshops; Waste or resource management facilities; Water
recreation structures; Water recycling facilities; Wharf or boating
facilities; Wholesale supplies
Zone B4Mixed
Use
1Objectives of
zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
•
To maintain the role of the Bankstown CBD as a
major metropolitan centre.
2Permitted without
consent
Nil
3Permitted with
consent
Boarding houses; Building identification signs;
Business identification signs; Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Hotel or motel accommodation; Information and
education facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Residential flat
buildings; Respite day care centres; Restricted premises; Roads; Seniors
housing; Shop top housing; Tank-based aquaculture; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Biosolids treatment facilities;
Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping
grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Crematoria; Depots; Eco-tourist facilities; Electricity generating works;
Exhibition homes; Exhibition villages; Extractive industries; Farm buildings;
Forestry; Freight transport facilities; Heavy industrial storage
establishments; Highway service centres; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining;
Pond-based aquaculture; Port facilities; Residential accommodation; Resource
recovery facilities; Rural industries; Sewage treatment plants; Sex services
premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle
body repair workshops; Warehouse and distribution centres; Waste disposal
facilities; Water recreation structures; Water recycling facilities; Wharf or
boating facilities; Wholesale supplies
Zone B5Business
Development
1Objectives of
zone
•
To enable a mix of business and warehouse uses,
and specialised retail premises that require a large floor area, in locations
that are close to, and that support the viability of,
centres.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Business
identification signs; Business premises; Centre-based child care facilities;
Food and drink premises; Garden centres; Hardware and building supplies; Hotel
or motel accommodation; Kiosks; Landscaping material supplies; Markets;
Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport
facilities; Plant nurseries; Respite day care centres; Roads; Serviced
apartments; Specialised retail premises; Tank-based aquaculture; Timber yards;
Vehicle sales or hire premises; Warehouse or distribution centres; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Electricity generating works;
Exhibition homes; Exhibition villages; Extractive industries; Farm buildings;
Forestry; Freight transport facilities; Heavy industrial storage
establishments; Helipads; Home occupations (sex services); Industries;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining;
Pond-based aquaculture; Port facilities; Residential accommodation; Resource
recovery facilities; Restricted premises; Rural industries; Sewage treatment
plants; Sex services premises; Signage; Storage premises; Tourist and visitor
accommodation; Transport depots; Truck depots; Vehicle body repair workshops;
Waste disposal facilities; Water recreation structures; Water recycling
facilities; Wharf or boating facilities; Wholesale
supplies
Zone B6Enterprise
Corridor
1Objectives of
zone
•
To promote businesses along main roads and to
encourage a mix of compatible uses.
•
To provide a range of employment uses (including
business, office, retail and light industrial uses).
•
To maintain the economic strength of centres by
limiting retailing activity.
•
To provide for residential uses, but only as part
of a mixed use development.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Business
identification signs; Business premises; Community facilities; Food and drink
premises; Garden centres; Hardware and building supplies; Hotel or motel
accommodation; Kiosks; Landscaping material supplies; Light industries;
Markets; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster
aquaculture; Passenger transport facilities; Plant nurseries; Residential flat
buildings; Roads; Seniors housing; Specialised retail premises; Tank-based
aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or
distribution centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Electricity generating works;
Exhibition homes; Exhibition villages; Extractive industries; Farm buildings;
Forestry; Freight transport facilities; Heavy industrial storage
establishments; Helipads; Home occupations (sex services); Industries;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining;
Pond-based aquaculture; Port facilities; Residential accommodation; Resource
recovery facilities; Restricted premises; Rural industries; Sewage treatment
plants; Sex services premises; Signage; Storage premises; Transport depots;
Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water
recreation structures; Water recycling facilities; Wharf or boating
facilities; Wholesale supplies
Zone B7Business
Park
1Objectives of
zone
•
To provide a range of office and light industrial
uses.
•
To encourage employment
opportunities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
2Permitted without
consent
Nil
3Permitted with
consent
Building identification signs; Business
identification signs; Centre-based child care facilities; Garden centres;
Hardware and building supplies; Light industries; Neighbourhood shops; Office
premises; Oyster aquaculture; Passenger transport facilities; Respite day care
centres; Roads; Tank-based aquaculture; Warehouse or distribution centres; Any
other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Electricity generating works;
Entertainment facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Function
centres; Heavy industrial storage establishments; Highway service centres;
Home occupations (sex services); Industrial retail outlets; Industries;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places
of public worship; Pond-based aquaculture; Port facilities; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Residential accommodation; Resource recovery
facilities; Restricted premises; Rural industries; Service stations; Sewage
treatment plants; Sex services premises; Signage; Storage premises; Tourist
and visitor accommodation; Transport depots; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Veterinary hospitals; Waste disposal
facilities; Water recreation structures; Water recycling facilities; Wharf or
boating facilities; Wholesale supplies
Zone IN1General
Industrial
1Objectives of
zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
2Permitted without
consent
Nil
3Permitted with
consent
Agricultural produce industries; Building
identification signs; Business identification signs; Depots; Food and drink
premises; Freight transport facilities; Garden centres; General industries;
Hardware and building supplies; Hospitals; Industrial training facilities;
Kiosks; Landscaping material supplies; Light industries; Markets; Medical
centres; Neighbourhood shops; Oyster aquaculture; Places of public worship;
Plant nurseries; Roads; Tank-based aquaculture; Timber yards; Vehicle sales or
hire premises; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat
sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care
facilities; Charter and tourism boating facilities; Commercial premises;
Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition
villages; Extractive industries; Farm buildings; Forestry; Function centres;
Health services facilities; Heavy industrial storage establishments; Home
occupations (sex services); Industries; Jetties; Marinas; Mooring pens;
Moorings; Open cut mining; Pond-based aquaculture; Port facilities;
Residential accommodation; Respite day care centres; Restricted premises;
Rural industries; Schools; Sewage treatment plants; Signage; Tourist and
visitor accommodation; Water recreation structures; Water recycling
facilities; Wharf or boating facilities; Wholesale
supplies
Zone IN2Light
Industrial
1Objectives of
zone
•
To provide a wide range of light industrial,
warehouse and related land uses.
•
To encourage employment opportunities and to
support the viability of centres.
•
To minimise any adverse effect of industry on
other land uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To support and protect industrial land for
industrial uses.
2Permitted without
consent
Nil
3Permitted with
consent
Agricultural produce industries; Building
identification signs; Business identification signs; Depots; Food and drink
premises; Garden centres; Hardware and building supplies; Hospitals;
Industrial training facilities; Kiosks; Landscaping material supplies; Light
industries; Markets; Medical centres; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Plant nurseries; Roads; Tank-based aquaculture;
Timber yards; Vehicle sales or hire premises; Warehouse or distribution
centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat
sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care
facilities; Charter and tourism boating facilities; Commercial premises;
Correctional centres; Crematoria; Eco-tourist facilities; Entertainment
facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm
buildings; Forestry; Freight transport facilities; Function centres; Health
services facilities; Heavy industrial storage establishments; Helipads;
Highway service centres; Home occupations (sex services); Industries; Jetties;
Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based
aquaculture; Port facilities; Recreation facilities (major); Residential
accommodation; Resource recovery facilities; Respite day care centres;
Restricted premises; Rural industries; Schools; Sewage treatment plants;
Signage; Tourist and visitor accommodation; Transport depots; Truck depots;
Waste disposal facilities; Water recreation structures; Water recycling
facilities; Wharf or boating facilities; Wholesale
supplies
Zone SP1Special
Activities
1Objectives of
zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
2Permitted without
consent
Nil
3Permitted with
consent
Aquaculture; The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP2Infrastructure
1Objectives of
zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
2Permitted without
consent
Nil
3Permitted with
consent
Aquaculture; Roads; The purpose shown on the
Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public
Recreation
1Objectives of
zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without
consent
Nil
3Permitted with
consent
Aquaculture; Boat launching ramps; Boat sheds;
Building identification signs; Business identification signs; Car parks;
Caravan parks; Centre-based child care facilities; Charter and tourism boating
facilities; Community facilities; Eco-tourist facilities; Emergency services
facilities; Entertainment facilities; Environmental facilities; Environmental
protection works; Extensive agriculture; Flood mitigation works; Food and
drink premises; Function centres; Information and education facilities;
Intensive plant agriculture; Jetties; Kiosks; Marinas; Markets; Recreation
areas; Recreation facilities (indoor); Recreation facilities (major);
Recreation facilities (outdoor); Respite day care centres; Roads; Water
recreation structures; Water supply systems; Wharf or boating
facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private
Recreation
1Objectives of
zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without
consent
Nil
3Permitted with
consent
Aquaculture; Building identification signs;
Business identification signs; Car parks; Community facilities; Environmental
facilities; Environmental protection works; Flood mitigation works; Helipads;
Kiosks; Marinas; Recreation areas; Recreation facilities (indoor); Recreation
facilities (outdoor); Registered clubs; Roads; Water supply
systems
4Prohibited
Any development not specified in item 2 or
3
Zone E1National Parks and Nature
Reserves
1Objectives of
zone
•
To enable the management and appropriate use of
land that is reserved under the National Parks
and Wildlife Act 1974 or that is acquired under Part 11 of
that Act.
•
To enable uses authorised under the National Parks and Wildlife Act
1974.
•
To identify land that is to be reserved under the
National Parks and Wildlife Act 1974 and
to protect the environmental significance of that
land.
2Permitted without
consent
Uses authorised under the National Parks and Wildlife Act
1974
3Permitted with
consent
Nil
4Prohibited
Any development not specified in item 2 or
3
Zone W1Natural
Waterways
1Objectives of
zone
•
To protect the ecological and scenic values of
natural waterways.
•
To prevent development that would have an adverse
effect on the natural values of waterways in this zone.
•
To provide for sustainable fishing industries and
recreational fishing.
2Permitted without
consent
Nil
3Permitted with
consent
Aquaculture; Boat launching ramps; Boat sheds;
Charter and tourism boating facilities; Environmental facilities;
Environmental protection works; Flood mitigation works; Jetties; Marinas;
Mooring pens; Moorings; Water recreation structures; Wharf or boating
facilities
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Recreation facilities (major); Residential
flat buildings; Restricted premises; Retail premises; Seniors housing; Service
stations; Warehouse or distribution centres; Any other development not
specified in item 2 or 3
Part 4Principal development
standards
4.1Minimum subdivision lot
size
(1)
The objectives of this clause are as
follows—
(a)
to ensure lots are of sufficient size to
accommodate certain development that is consistent with relevant planning
provisions without adversely impacting on residential
amenity,
(b)
to ensure the subdivision of low density
residential sites reflects and reinforces the predominant subdivision pattern
of the area.
(2)
This clause applies to a subdivision of any land
shown on the Lot Size Map that requires development
consent and that is carried out after the commencement of this
Plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies is not to be less than the minimum size
shown on the Lot Size Map in relation to that
land.
(3A)
If a lot is a battle-axe lot or other lot with an
access handle, the area of the access handle is not to be included when
calculating the size of the lot for the purposes of this
clause.
(4)
This clause does not apply in relation to the
subdivision of any land—
(a)
by the registration of a strata plan or strata
plan of subdivision under the Strata Schemes Development Act
2015, or
(b)
by any kind of subdivision under the Community Land Development Act
1989.
cl 4.1: Am 2018
(414), cl 4 (6).
4.1AAMinimum subdivision lot size
for community title schemes
(1)
The objectives of this clause are as
follows—
(a)
to ensure lots are of sufficient size to
accommodate certain development that is consistent with relevant planning
provisions without adversely impacting on residential
amenity.
(2)
This clause applies to a subdivision (being a
subdivision that requires development consent) under the Community Land Development Act 1989 of
land in any of the following zones—
(a)
Zone R2 Low Density
Residential,
but does not apply to a subdivision by the registration
of a strata plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies (other than any lot comprising
association property within the meaning of the Community Land
Development Act 1989) is not to be less than the minimum
size shown on the Lot Size Map in relation to that
land.
(4)
This clause applies despite clause
4.1.
4.1AMinimum lot sizes and special
provisions for dual occupancies
(1)
The objectives of this clause are as
follows—
(a)
to ensure that lot sizes are sufficient to
accommodate development that is consistent with the objectives and planning
provisions for dual occupancies,
(b)
to minimise any likely adverse impact of
development on the amenity of the area.
(2)
Development consent must not be granted to
development for the following purposes—
(a)
a dual occupancy (attached) on a lot in Zone R2
Low Density Residential unless the lot has an area of at least 500 square
metres and is at least 15 metres wide at the front building
line,
(b)
a dual occupancy (detached) on a lot in Zone R2
Low Density Residential unless the lot has an area of at least 700 square
metres and is at least 20 metres wide at the front building
line,
(c)
a dual occupancy on a lot being land identified
as “Area 2” on the Special Provisions
Map.
(3)
Despite subclause (2), development consent must
not be granted to development for the purpose of a dual occupancy unless the
consent authority is satisfied that each dwelling will have a frontage to a
road.
(4)
The consent authority may grant development
consent for the subdivision of—
(a)
a dual occupancy (attached), if the size of each
lot to be created will be at least 250 square metres, or
(b)
a dual occupancy (detached), if the size of each
lot to be created will be at least 350 square
metres.
cl 4.1A: Am 2018
(414), cl 4 (7).
4.1BMinimum lot sizes and special
provisions for certain dwellings
(1)
The objectives of this clause are as
follows—
(a)
to ensure that lots for residential accommodation
are of sufficient size to accommodate proposed dwellings, setbacks to
adjoining residential land, private open space and landscaped areas, driveways
and vehicle manoeuvring areas,
(b)
to ensure that boarding houses in Zone R2 Low
Density Residential retain the general low-density scale and character of
existing single dwelling development,
(c)
to ensure that lots for non-residential
accommodation are of sufficient size to accommodate proposed dwellings,
setbacks to adjoining residential land, private open space and landscaped
areas, play areas, pedestrian access, set down and pick up areas, car parks,
driveways and vehicle manoeuvring areas,
(d)
to minimise any likely adverse impact of the
development on the amenity of the area,
(e)
where an existing lot is inadequate in terms of
its area or width—to require the consolidation of 2 or more
lots.
(2)
Despite any other provision of this Plan,
development consent must not be granted to development on a lot in a zone
shown in Column 2 of the table to this clause for a purpose shown in Column 1
of the table opposite that zone unless—
(a)
the area of the lot is equal to or greater than
the area specified for that purpose and shown in Column 3 of the table,
and
(b)
the width of the lot at the front building line
is equal to or greater than the width specified for that purpose and shown
opposite in Column 4 of the table.
Column
1
Column
2
Column
3
Column
4
Attached
dwellings
Zone R3
Medium Density Residential
750 square
metres
20
metres
Attached
dwellings
Zone R4
High Density Residential
750 square
metres
20
metres
Boarding
houses
Zone R2 Low
Density Residential
1,200
square metres
20
metres
Multi
dwelling housing and boarding houses
Zone R3
Medium Density Residential
1,000
square metres
20
metres
Multi
dwelling housing and boarding houses
Zone R4
High Density Residential
1,000
square metres
20
metres
Multi
dwelling housing and boarding houses
Zone B6
Enterprise Corridor
5,000
square metres
n/a
Residential
flat buildings
Zone R4
High Density Residential
1,500
square metres
30
metres
Residential
flat buildings
Zone B6
Enterprise Corridor
5,000
square metres
n/a
Serviced
apartments
Zone R4
High Density Residential
1,500
square metres
30
metres
Serviced
apartments
Zone B6
Enterprise Corridor
5,000
square metres
n/a
Shop top
housing
Zone R4
High Density Residential
1,500
square metres
30
metres
Centre-based child care facilities
Zone R2 Low
Density Residential
n/a
20
metres
Schools
Zone R2 Low
Density Residential
n/a
40
metres
Places of
public worship
Zone R2 Low
Density Residential
800 square
metres
20
metres
(3)
Despite subclause (2), development consent must
not be granted for a residential flat building on land in Zone R4 High Density
Residential at 6–22 Church Road, 1 Breasley Place and 8A Petty Street,
Yagoona unless the lot has an area of at least 1,700 square metres, and the
lot is at least 40 metres wide at the front building
line.
(4)
Despite subclause (2), development consent must
not be granted to development for the purpose of boarding houses on land
identified as “Area 2” on the Special Provisions
Map.
(5), (6)
cl 4.1B: Am 2017
(493), Sch 1.2 [3]; 2019 (558), Sch 1[3]–[6].
4.1CMinimum lot sizes for certain
land
(1)
Despite clause 4.1(3), development consent must
not be granted to the subdivision of land in Zone IN1 General Industrial
unless the width of each lot to be created is at least 24 metres wide at the
front building line.
(2)
Despite clause 4.1(3), development consent must
not be granted to the subdivision of land in Zone IN2 Light Industrial unless
the width of each lot to be created is at least 20 metres wide at the front
building line.
(3)
Despite clause 4.1(3), development consent must
not be granted to the subdivision of land identified as “Area 1”
on the Lot
Size Map unless—
(a)
the total number of lots to be created will not
exceed 181 lots, and
(b)
the size of each lot will be at least 200 square
metres.
4.2Rural
subdivision
(1)
The objective of this clause is to provide
flexibility in the application of standards for subdivision in rural zones to
allow land owners a greater chance to achieve the objectives for development
in the relevant zone.
(2)
This clause applies to the following rural
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(baa)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone RU6 Transition.
Note—
When this Plan was made it did not include all of
these zones.
(3)
Land in a zone to which this clause applies may,
with development consent, be subdivided for the purpose of primary production
to create a lot of a size that is less than the minimum size shown on the
Lot Size
Map in relation to that land.
(4)
However, such a lot cannot be created if an
existing dwelling would, as the result of the subdivision, be situated on the
lot.
(5)
A dwelling cannot be erected on such a
lot.
Note—
A dwelling includes a rural worker’s
dwelling (see definition of that term in the
Dictionary).
4.3Height of
buildings
(1)
The objectives of this clause are as
follows—
(a)
to ensure that the height of development is
compatible with the character, amenity and landform of the area in which the
development will be located,
(b)
to maintain the prevailing suburban character and
amenity by limiting the height of development to a maximum of two storeys in
Zone R2 Low Density Residential,
(c)
to provide appropriate height transitions between
development, particularly at zone boundaries,
(d)
to define focal points by way of nominating
greater building heights in certain locations.
(2)
The height of a building on any land is not to
exceed the maximum height shown for the land on the Height of Buildings
Map.
(2A)
Despite subclause (2)—
(a)
for land in Zone B2 Local Centre—if a lot
is in “Area 1” as identified on the Height of Buildings
Map and has a width of less than 20 metres at the road
frontage, the maximum building height is 17 metres, and
(b)
for land in Zone B6 Enterprise Corridor—if
a lot is in “Area 2” as identified on the Height of Buildings
Map and has an area less than 5,000 square metres, the
maximum building height is 11 metres.
(2B)
Despite subclause (2), the following restrictions
apply to development on land in Zone R2 Low Density Residential—
(a)
for a secondary dwelling that is separate from
the principal dwelling—the maximum building height is 6 metres and the
maximum wall height is 3 metres,
(b)
for a dwelling house or a dual
occupancy—the maximum wall height is 7 metres,
(c)
for boarding houses—
(i)
the maximum building height for a dwelling facing
a road is 9 metres and the maximum wall height is 7 metres,
and
(ii)
the maximum building height for all other
dwellings at the rear of the lot is 6 metres and the maximum wall height is 3
metres.
(2C)
In this clause, wall height means the vertical
distance between ground level (existing) and the underside of the eaves at the
wall line or the top of the parapet or the flat roof (whichever is the
highest).
cl 4.3: Am 2019
(558), Sch 1[7].
4.4Floor space
ratio
(1)
The objectives of this clause are as
follows—
(a)
to establish the bulk and maximum density of
development consistent with the capacity and character of the locality of a
development site,
(b)
to ensure the bulk of non-residential development
in or adjoining a residential zone is compatible with the prevailing suburban
character and amenity of the residential zone,
(c)
to encourage lot consolidations in commercial
centres to facilitate higher quality built form and urban design
outcomes.
(2)
The maximum floor space ratio for a building on
any land is not to exceed the floor space ratio shown for the land on the
Floor Space
Ratio Map.
(2A)
Despite subclause (2), the maximum floor space
ratio for non-residential development on land in Zone R2 Low Density
Residential is 0.4:1.
(2B)
Despite subclause (2), the maximum floor space
ratio for development for the purpose of high technology industries on land in
Zone R2 Low Density Residential and identified as “Area 6” on the
Floor Space
Ratio Map is 0.6:1.
(2C)
Despite subclause (2), the maximum floor space
ratio for development on land in Zone B2 Local Centre—
(a)
that has a width of less than 20 metres at the
front building line and is identified as “Area 1” on the Floor Space Ratio
Map is 1:1, and
(b)
that has a width of less than 18 metres at the
front building line and is identified as “Area 7” on the Floor Space Ratio
Map is 2:1.
(2D)
Despite subclause (2), the maximum floor space
ratio for development on land in Zone B4 Mixed Use that has a width of less
than 30 metres at the front building line and is identified as “Area
4” on the Floor Space Ratio Map is
2:1.
(2E)
Despite subclause (2), the maximum floor space
ratio for development on land in Zone B4 Mixed Use that has a width of less
than 18 metres at the front building line and is identified as “Area
2” on the Floor Space Ratio Map is
1:1.
(2F)
Despite subclause (2), the maximum floor space
ratio for development on land in Zone B4 Mixed Use that has a width of less
than 18 metres at the front building line and is identified as “Area
3” on the Floor Space Ratio Map is
2:1.
(2G)
Despite subclause (2), the maximum floor space
ratio for development on land in Zone B4 Mixed Use that does not provide at
least a 20 metre wide mid-block connection for public use and is identified as
“Area 5” on the Floor Space Ratio Map is
2:1.
cl 4.4: Am 2016 (28),
Sch 1 [1].
4.4AAdditional gross floor area
for more sustainable development in Bankstown CBD commercial
core
(1)
The objectives of this clause are as
follows—
(a)
to encourage building design (namely the built
form and layout) of large-scale commercial development and mixed use
development in Zone B4 Mixed Use that minimises the consumption of energy and
water,
(b)
to provide increased amenity to occupants over
the long term,
(c)
to ensure the increase in gross floor area is
compatible with surrounding buildings in terms of bulk, height and
amenity.
(2)
This clause applies to development
if—
(a)
the development is on land in Zone B4 Mixed Use,
and
(b)
the lot on which the development will be sited is
at least 18 metres wide at the front building line, and
(c)
the lot on which the development will be sited
has a maximum floor space ratio of 3:1 as shown on the Floor Space Ratio
Map, and
(d)
the development includes the erection of one or
more buildings for the purposes of commercial premises or a mixed use
development.
(3)
Despite any other provision of this Plan, the
consent authority may grant development consent to development to which this
clause applies if the gross floor area of the buildings on the development
site exceeds the gross floor area otherwise permitted by this Plan by no more
than 0.5:1.
(4)
Before granting development consent to
development under this clause, the consent authority must be satisfied
that—
(a)
the part of any building used for the purposes of
commercial premises (whether or not for the purposes of mixed use development)
complies with the following standards—
(i)
the energy target is a maximum 135
kg/m2 per year,
(ii)
the water target is a maximum 0.47
kL/m2 per year for business premises and office premises and a
maximum 1.68 kL/m2 per year for shops, restaurants and function
centres, and
(b)
the part of any building that is a dwelling used
for the purposes of mixed use development complies with the following
standards—
(i)
the energy target is a minimum 10-point increase
in the BASIX score compared to current requirements,
(ii)
the water target is a minimum BASIX 60,
and
(c)
the building does not adversely impact on any
neighbouring land in terms of visual bulk or overshadowing,
and
(d)
a report prepared by a qualified consultant to
the satisfaction of the Council verifies that, if all of the commitments
relating to the building design (namely the built form and layout) listed in
the report are fulfilled, the development will comply with both the energy and
water targets.
(5)
This clause does not apply to land on which
development to which clause 13 of State
Environmental Planning Policy (Affordable Rental Housing)
2009 applies is to be carried out.
(6)
In this clause—
BASIX means a rating under State Environmental Planning Policy (Building Sustainability
Index: BASIX) 2004.
mixed use
development means a building or place comprising commercial
premises and dwellings.
cl 4.4A: Am 2017
(320), cl 4.
4.5Calculation of floor space
ratio and site area
(1)Objectives
The objectives of this clause are as
follows—
(a)
to define floor
space ratio,
(b)
to set out rules for the calculation of the site
area of development for the purpose of applying permitted floor space ratios,
including rules to—
(i)
prevent the inclusion in the site area of an area
that has no significant development being carried out on it,
and
(ii)
prevent the inclusion in the site area of an area
that has already been included as part of a site area to maximise floor space
area in another building, and
(iii)
require community land and public places to be
dealt with separately.
(2)Definition of “floor
space ratio”
The floor
space ratio of buildings on a site is the ratio of the gross
floor area of all buildings within the site to the site
area.
(3)Site
area
In determining the site area of proposed
development for the purpose of applying a floor space ratio, the site area is taken to
be—
(a)
if the proposed development is to be carried out
on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out
on 2 or more lots, the area of any lot on which the development is proposed to
be carried out that has at least one common boundary with another lot on which
the development is being carried out.
In addition, subclauses (4)–(7) apply to
the calculation of site area for the purposes of applying a floor space ratio
to proposed development.
(4)Exclusions from site
area
The following land must be excluded from the site
area—
(a)
land on which the proposed development is
prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as
provided by subclause (7)).
(5)Strata
subdivisions
The area of a lot that is wholly or partly on top
of another or others in a strata subdivision is to be included in the
calculation of the site area only to the extent that it does not overlap with
another lot already included in the site area
calculation.
(6)Only significant development
to be included
The site area for proposed development must not
include a lot additional to a lot or lots on which the development is being
carried out unless the proposed development includes significant development
on that additional lot.
(7)Certain public land to be
separately considered
For the purpose of applying a floor space ratio
to any proposed development on, above or below community land or a public
place, the site area must only include an area that is on, above or below that
community land or public place, and is occupied or physically affected by the
proposed development, and may not include any other area on which the proposed
development is to be carried out.
(8)Existing
buildings
The gross floor area of any existing or proposed
buildings within the vertical projection (above or below ground) of the
boundaries of a site is to be included in the calculation of the total floor
space for the purposes of applying a floor space ratio, whether or not the
proposed development relates to all of the buildings.
(9)Covenants to prevent
“double dipping”
When development consent is granted to
development on a site comprised of 2 or more lots, a condition of the consent
may require a covenant to be registered that prevents the creation of floor
area on a lot (the restricted lot) if the consent authority is satisfied that
an equivalent quantity of floor area will be created on another lot only
because the site included the restricted lot.
(10)Covenants affect consolidated
sites
If—
(a)
a covenant of the kind referred to in subclause
(9) applies to any land (affected
land), and
(b)
proposed development relates to the affected land
and other land that together comprise the site of the proposed
development,
the maximum amount of floor area allowed on the other
land by the floor space ratio fixed for the site by this Plan is reduced by
the quantity of floor space area the covenant prevents being created on the
affected land.
(11)Definition
In this clause, public place has the same meaning as
it has in the Local Government Act
1993.
4.6Exceptions to development
standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by
demonstrating—
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless—
(a)
the consent authority is satisfied
that—
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Planning Secretary has
been obtained.
(5)
In deciding whether to grant concurrence, the
Planning Secretary must consider—
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Planning Secretary before granting
concurrence.
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental
Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living
if—
(a)
the subdivision will result in 2 or more lots of
less than the minimum area specified for such lots by a development standard,
or
(b)
the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
Note—
When this Plan was made it did not include all of
these zones.
(7)
After determining a development application made
pursuant to this clause, the consent authority must keep a record of its
assessment of the factors required to be addressed in the applicant’s
written request referred to in subclause (3).
(8)
This clause does not allow development consent to
be granted for development that would contravene any of the
following—
(a)
a development standard for complying
development,
(b)
a development standard that arises, under the
regulations under the Act, in connection with a commitment set out in a BASIX
certificate for a building to which State
Environmental Planning Policy (Building Sustainability Index: BASIX)
2004 applies or for the land on which such a building is
situated,
(c)
clause 5.4,
(ca)
clause 4.4, to the extent that it applies to land
in Zone B4 Mixed Use that has a maximum floor space ratio of
3:1,
(cb)
clause 4.4A.
Part 6Additional local
provisions
6.1Acid sulfate
soils
(1)
The objective of this clause is to ensure that
development does not disturb, expose or drain acid sulfate soils and cause
environmental damage.
(2)
Development consent is required for the carrying
out of works described in the table to this subclause on land shown on the
Acid Sulfate
Soils Map as being of the class specified for those
works.
Class of
land
Works
1
Any
works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be
lowered.
3
Works more than 1 metre below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 1 metre below the natural ground
surface.
4
Works more than 2 metres below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 2 metres below the natural ground
surface.
5
Works
within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres
Australian Height Datum and by which the watertable is likely to be lowered
below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4
land.
(3)
Development consent must not be granted under
this clause for the carrying out of works unless an acid sulfate soils
management plan has been prepared for the proposed works in accordance with
the Acid Sulfate Soils Manual and has been provided to the consent
authority.
(4)
Despite subclause (2), development consent is not
required under this clause for the carrying out of works if—
(a)
a preliminary assessment of the proposed works
prepared in accordance with the Acid Sulfate Soils Manual indicates that an
acid sulfate soils management plan is not required for the works,
and
(b)
the preliminary assessment has been provided to
the consent authority and the consent authority has confirmed the assessment
by notice in writing to the person proposing to carry out the
works.
(5)
Despite subclause (2), development consent is not
required under this clause for the carrying out of any of the following works
by a public authority (including ancillary work such as excavation,
construction of access ways or the supply of power)—
(a)
emergency work, being the repair or replacement
of the works of the public authority, required to be carried out urgently
because the works have been damaged, have ceased to function or pose a risk to
the environment or to public health and safety,
(b)
routine maintenance work, being the periodic
inspection, cleaning, repair or replacement of the works of the public
authority (other than work that involves the disturbance of more than 1 tonne
of soil),
(c)
minor work, being work that costs less than
$20,000 (other than drainage work).
(6)
Despite subclause (2), development consent is not
required under this clause to carry out any works if—
(a)
the works involve the disturbance of less than 1
tonne of soil, and
(b)
the works are not likely to lower the
watertable.
6.2Earthworks
(1)
The objective of this clause is to ensure that
earthworks for which development consent is required will not have a
detrimental impact on environmental functions and processes, neighbouring
uses, cultural or heritage items or features of the surrounding
land.
(2)
Development consent is required for earthworks
unless—
(a)
the earthworks are exempt development under this
Plan or another applicable environmental planning instrument,
or
(b)
the earthworks are ancillary to development that
is permitted without consent under this Plan or to development for which
development consent has been given.
(3)
In deciding whether to grant development consent
for earthworks (or for development involving ancillary earthworks), the
consent authority must consider the following matters—
(a)
the likely disruption of, or any detrimental
effect on, drainage patterns and soil stability in the locality of the
development,
(b)
the effect of the development on the likely
future use or redevelopment of the land,
(c)
the quality of the fill or the soil to be
excavated, or both,
(d)
the effect of the development on the existing and
likely amenity of adjoining properties,
(e)
the source of any fill material and the
destination of any excavated material,
(f)
the likelihood of disturbing
relics,
(g)
the proximity to, and potential for adverse
impacts on, any waterway, drinking water catchment or environmentally
sensitive area,
(h)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
Note—
The National Parks
and Wildlife Act 1974, particularly section 86, deals with
harming Aboriginal objects.
6.3Flood
planning
(1)
The objectives of this clause are as
follows—
(a)
to minimise the flood risk to life and property
associated with the use of land,
(b)
to allow development on land that is compatible
with the land’s flood hazard, taking into account projected changes as a
result of climate change,
(c)
to avoid significant adverse impacts on flood
behaviour and the environment.
(2)
This clause applies to land at or below the flood
planning level.
(3)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that the development—
(a)
is compatible with the flood hazard of the land,
and
(b)
will not significantly adversely affect flood
behaviour resulting in detrimental increases in the potential flood
affectation of other development or properties, and
(c)
incorporates appropriate measures to manage risk
to life from flood, and
(d)
will not significantly adversely affect the
environment or cause avoidable erosion, siltation, destruction of riparian
vegetation or a reduction in the stability of river banks or watercourses,
and
(e)
is not likely to result in unsustainable social
and economic costs to the community as a consequence of
flooding.
(4)
A word or expression used in this clause has the
same meaning as it has in the Floodplain Development Manual (ISBN 0
7347 5476 0) published by the NSW Government in April
2005, unless it is otherwise defined in this clause.
(5)
In this clause—
flood
planning level means the level of a 1:100 ARI (average
recurrent interval) flood event plus 0.5 metre
freeboard.
6.4Biodiversity
(1)
The objective of this clause is to maintain
terrestrial and aquatic biodiversity by—
(a)
protecting native fauna and flora,
and
(b)
protecting the ecological processes necessary for
their continued existence, and
(c)
encouraging the conservation and recovery of
native fauna and flora and their habitats.
(2)
This clause applies to land identified as
“Biodiversity” on the Terrestrial Biodiversity
Map.
(3)
In deciding whether to grant development consent
for development on land to which this clause applies, the consent authority
must consider—
(a)
whether the development is likely to
have—
(i)
any adverse impact on the condition, ecological
value and significance of the fauna and flora on the land,
and
(ii)
any adverse impact on the importance of the
vegetation on the land to the habitat and survival of native fauna,
and
(iii)
any potential to fragment, disturb or diminish
the biodiversity structure, function and composition of the land,
and
(iv)
any adverse impact on the habitat elements
providing connectivity on the land, and
(b)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
(4)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that—
(a)
the development is designed, sited and will be
managed to avoid any significant adverse environmental impact,
or
(b)
if that impact cannot be reasonably avoided by
adopting feasible alternatives—the development is designed, sited and
will be managed to minimise that impact.
cl 6.4: Am 2016 (28),
Sch 1 [2].
6.4ARiparian land and
watercourses
(1)
The objective of this clause is to protect and
maintain the following—
(a)
water quality within
watercourses,
(b)
the stability of the bed and banks of
watercourses,
(c)
aquatic and riparian
habitats,
(d)
ecological processes within watercourses and
riparian areas.
(2)
This clause applies to all of the
following—
(a)
land identified as “Riparian land” on
the Riparian
Lands and Watercourses Map,
(b)
land identified as “Watercourse” on
that map.
(3)
In deciding whether to grant development consent
for development on land to which this clause applies, the consent authority
must consider—
(a)
whether or not the development is likely to have
any adverse impact on the following—
(i)
the water quality and flows within the
watercourse,
(ii)
aquatic and riparian species, habitats and
ecosystems of the watercourse,
(iii)
the stability of the bed and banks of the
watercourse,
(iv)
the free passage of fish and other aquatic
organisms within or along the watercourse,
(v)
any future rehabilitation of the watercourse and
riparian areas, and
(b)
whether or not the development is likely to
increase water extraction from the watercourse, and
(c)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
(4)
Development consent must not be granted for
development on land to which this clause applies unless the consent authority
is satisfied that—
(a)
the development is designed, sited and will be
managed to avoid any significant adverse environmental impact,
or
(b)
if that impact cannot be avoided by adopting
feasible alternatives—the development is designed, sited and will be
managed to minimise that impact.
cl 6.4A: Ins 2016
(616), Sch 1 [1].
6.5Limited development on
foreshore area
(1)
The objective of this clause is to ensure that
development in the foreshore area will not impact on natural foreshore
processes or affect the significance and amenity of the
area.
(2)
Development consent must not be granted for
development on land in the foreshore area except for the following
purposes—
(a)
the extension, alteration or rebuilding of an
existing building wholly or partly in the foreshore area,
(b)
boat sheds, sea retaining walls, wharves,
slipways, jetties, waterway access stairs, swimming pools, fences, cycleways,
walking trails, picnic facilities or other recreation facilities
(outdoors).
(3)
Development consent must not be granted under
this clause unless the consent authority is satisfied that—
(a)
the development will contribute to achieving the
objectives for the zone in which the land is located, and
(b)
the appearance of any proposed structure, from
both the waterway and adjacent foreshore areas, will be compatible with the
surrounding area, and
(c)
the development will not cause environmental harm
such as—
(i)
pollution or siltation of the waterway,
or
(ii)
an adverse effect on surrounding uses, marine
habitat, wetland areas, fauna and flora habitats, or
(iii)
an adverse effect on drainage patterns,
and
(d)
the development will not cause congestion or
generate conflict between people using open space areas or the waterway,
and
(e)
opportunities to provide continuous public access
along the foreshore and to the waterway will not be compromised,
and
(f)
any historic, scientific, cultural, social,
archaeological, architectural, natural or aesthetic significance of the land
on which the development is to be carried out and of surrounding land will be
maintained, and
(g)
in the case of development for the alteration or
rebuilding of an existing building wholly or partly in the foreshore
area—the alteration or rebuilding will not have an adverse impact on the
amenity or aesthetic appearance of the foreshore, and
(h)
sea level rise or change of flooding patterns as
a result of climate change has been considered.
(4)
In this clause—
foreshore
area means the land between the foreshore building line and
the mean high water mark of the nearest natural waterbody shown on the Foreshore Building
Line Map.
foreshore
building line means—
(a)
the line that is landward of, and at the distance
specified on the Foreshore Building Line Map from, the
mean high water mark of the nearest natural waterbody shown on that map,
or
(b)
if no distance is specified—the line shown
as the foreshore building line on that map.
6.6Development in areas subject
to aircraft noise
(1)
The objectives of this clause are as
follows—
(a)
to prevent certain noise sensitive developments
from being located near the Bankstown Airport and its flight
paths,
(b)
to assist in minimising the impact of aircraft
noise from that airport and its flight paths by requiring appropriate noise
attenuation measures in noise sensitive buildings,
(c)
to ensure that land use and development in the
vicinity of the Bankstown Airport do not hinder or have any other adverse
impacts on the ongoing, safe and efficient operation of Bankstown
Airport.
(2)
Development consent may be granted to development
that is the erection of a dwelling (other than a dwelling house) on land in
the vicinity of the Bankstown Airport where the ANEF contour is between 20 and
25 only if the dwelling meets the standards specified in AS
2021—2000.
(3)
Development consent may be granted to development
that is the erection of a dwelling house or seniors housing on land in the
vicinity of the Bankstown Airport where the ANEF contour exceeds 25 only if
the consent authority is satisfied that the nature of occupation or internal
noise attenuation measures enable reasonable amenity for the
occupants.
(4)
Development consent must not be granted to
development for the purposes of a dual occupancy, multi dwelling housing,
attached dwelling, boarding house or centre-based child care facility on land
in the vicinity of the Bankstown Airport where the ANEF contour exceeds
25.
(5)
Development consent may be granted to development
that is the erection of hotel or motel accommodation, office premises or a
public administration building on land in the vicinity of Bankstown Airport
where the ANEF contour for the Bankstown Airport is above 25 only if the
building meets the standards specified in AS
2021—2000.
(6)
In this clause—
ANEF
contour means a noise exposure contour shown as an ANEF
contour on the Noise Exposure Forecast Contour Map for the Bankstown Airport
prepared by the Department of the Commonwealth responsible for
airports.
AS
2021—2000 means AS
2021—2000, Acoustics—Aircraft
noise intrusion—Building siting and
construction.
cl 6.6: Am 2017
(493), Sch 1.2 [1].
6.7Special provisions applying to
business premises
(1)
The objectives of this clause are as
follows—
(a)
to permit business premises as part of live-work
enterprises,
(b)
to encourage home-based, small-scale businesses
on the fringe of the Bankstown CBD as a way to promote local job
opportunities.
(2)
This clause applies to land identified as
“Area 4” on the Special Provisions
Map.
(3)
The consent authority must not grant development
consent to development for the purposes of business premises on land to which
this clause applies unless the consent authority is satisfied that the
development is part of a mixed use development that is comprised of business
premises on the ground floor with access from the principal street frontage
and where all business premises are connected internally to a
dwelling.
6.8Special provisions applying to
centre-based child care facilities
Despite any other provision of this Plan,
development consent must not be granted for the purpose of a centre-based
child care facility on land if the vehicular access to that land is
from—
(a)
a classified road, or
(b)
a cul-de-sac road or a road where the carriageway
between kerbs is less than 10 metres.
cl 6.8: Am 2017
(493), Sch 1.2 [1] [2].
6.9Restrictions on development in
Zone B4 Mixed Use
(1)
The objectives of this clause are as
follows—
(a)
to reinforce the status of the Bankstown CBD as
the major centre for Bankstown and a place for employment,
(b)
to encourage the economic growth of the Bankstown
CBD by having commercial floor space in the commercial
core,
(c)
to promote active street frontages in the
commercial core.
(2)
This clause applies to land identified as
“Area 3” on the Special Provisions
Map.
(3)
Development consent must not be granted to the
erection of a building, or a change of use of a building, on land to which
this clause applies unless the consent authority is satisfied that the ground
floor and first floor of the building are to be used for the purposes of
commercial premises or other non-residential purposes after the erection or
change of use.
6.10Location of sex services
premises
Development consent may only be granted for the
purpose of sex services premises in Zone IN1 General Industrial or Zone IN2
Light Industrial in Bankstown, Greenacre, Milperra or Villawood on land
identified as “Area 1” on the Special Provisions
Map.
6.11Development on Riverlands Golf
Course site
(1)
This clause applies to the following land at
Milperra (known as the Riverlands Golf Course site)—
(a)
Lots 23–27, 38–41 and 50–59, DP
7304, Lots 21 and 22, DP 749985, Lots 231 and 232, DP 805826 and Lot 1, DP
813007, being 67, 67A, 80, 80A, 90 and 100 Auld Avenue,
(b)
Lot 1, DP 625013 and Lot 1, DP 813006, being 123
and 123A Raleigh Road,
(c)
Lot 10, DP 731859, being 56 Prescott Parade,
Milperra.
(2)
The objectives of this clause are as
follows—
(a)
to ensure that development on the site reflects
the low density residential character of the surrounding
area,
(b)
to ensure that traffic generated by development
of the site does not adversely affect the efficiency and safety of Henry
Lawson Drive and surrounding local roads,
(c)
to ensure that development protects and conserves
the cultural heritage, ecological and habitat values of the site and the
scenic values of the surrounding waterways and riparian
corridors,
(d)
to ensure that development integrates with the
landform, vegetation, overland flow path and landscape of the
site.
(3)
Development consent must not be granted for
development on land to which this clause applies unless the consent authority
is satisfied of the following—
(a)
that the development is consistent with the low
density residential scale and character of the surrounding
area,
(b)
that the development will not significantly
impact on the efficiency and safety of the surrounding road
network,
(c)
that the development of the site integrates with
the road, pedestrian and cycle networks of the surrounding established
Milperra neighbourhood area,
(d)
that the development, including any lots created
by the development, will be compatible with the topography of the site and
integrate with the landform, vegetation and landscape of the
site,
(e)
that the development is appropriate given the
environmental capabilities of, and environmental constraints that affect, the
site (including, but not limited to, flood risks, land contamination, acid
sulfate soils and bushfire risks),
(f)
that the development will protect the cultural
heritage values of the site and the scenic values of the surrounding waterways
and riparian and biodiversity corridors,
(g)
that the development will protect and conserve
the ecological communities and areas on the site,
(h)
that adequate provision has been made for
protecting and conserving hollow bearing trees on the
site,
(i)
that any adverse impacts of stormwater on the
site, or caused by stormwater runoff on adjoining properties, native
vegetation, wetlands or waterways, are properly managed or
mitigated,
(j)
that any lot created by the development will be
compatible with the stormwater management measures on the
site.
cl 6.11: Ins 2016
(616), Sch 1 [2].
6.12Design excellence at certain
sites at Bankstown
(1)
The objective of this clause is to ensure that
development exhibits design excellence that contributes to the visual and
built character values of Bankstown.
(2)
This clause applies to development on the
following land in Bankstown—
(a)
Lots 19–20, DP 5541, 83 North
Terrace,
(b)
Lot 18B, DP 412699, 85 North
Terrace,
(c)
Lots 15–17, 21–24 and 27, DP 5541,
Lot 1, DP 207810 and Lot 1, DP 507818, 99 North Terrace,
(d)
Lot 9, DP 777510, 62 The
Mall.
(3)
If the consent authority is satisfied that the
development exhibits design excellence, development consent may be granted to
the erection of a new building on the land to which this clause applies
with—
(a)
despite clause 4.3—a maximum building
height of 83 metres, and
(b)
despite clause 4.4—a maximum floor space
ratio of 5:1, and
(c)
despite clause 6.9—the first floor of the
building being used for the purposes of residential
accommodation.
(4)
In considering whether the development exhibits
design excellence, the consent authority must have regard to the following
matters—
(a)
whether a high standard of architectural design,
materials and detailing appropriate to the building type and location will be
achieved,
(b)
whether the form and external appearance of the
development will improve the quality and amenity of the public
domain,
(c)
how the development addresses the following
matters—
(i)
the suitability of the land for
development,
(ii)
existing and proposed uses and use
mix,
(iii)
the relationship of the development with other
development (existing or proposed) on the same site or on neighbouring sites
in terms of separation, setbacks, amenity and urban form,
(iv)
bulk, massing and modulation of
buildings,
(v)
street frontage heights,
(vi)
environmental impacts such as sustainable design,
wind and reflectivity,
(vii)
pedestrian, cycle, vehicular and service access,
circulation and requirements,
(viii)
the impact on, and any proposed improvements to,
the public domain,
(ix)
achieving appropriate interfaces at ground level
between the development and the public domain,
(x)
integration of landscape design, including the
configuration and design of communal access and communal recreation
areas.
cl 6.12: Ins 2020
(217), Sch 1.