Auburn Local Environmental Plan 2000

Part 1 Preliminary

1 Name of plan

This plan is called Auburn Local Environmental Plan 2000.

2 Land to which this plan applies

This plan applies to all land within the LGA except for land marked “excluded” on the map.

3 Relationship to other environmental planning instruments

(1)  This plan repeals all other local environmental plans and deemed environmental planning instruments applying to the LGA and in force immediately before the appointed day, except to the extent that they apply to land marked “excluded” on the map.

(2)  Deemed environmental planning instruments and local environmental plans as in force immediately before the appointed day shall continue to apply to a development application if:

(a)  the application was made but had not been determined before the appointed day, and

(b)  the application is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments or plans as in force before the appointed day.

4 Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

5 Interpretation

(1)  Definitions of terms used in this plan are found in Schedule 1 to this plan.

(2)  The table of contents and notes in this plan do not form part of this plan.

Part 2 Planning principles

6 Aim of plan

The aim of this plan is to provide clear guidance for development within the LGA.

7 General objectives

The general objectives of this plan are as follows:

(a)  to provide the basis for development control plans to supplement the broad controls in the plan with more detailed provisions for the assessment of development proposals,

(b)  to clearly define the statutory planning requirements that apply to the public and the Council,

(c)  to provide for the maintenance and improvement of accessibility both within and through the LGA by identifying transport corridors and the location of intensive trip-generating activities in locations most accessible to public transport.

8 Specific objectives

(1)  The specific objectives of this plan in relation to the environment are as follows:

(a)  to conserve, protect and enhance the environmental heritage of the LGA,

(b)  to ensure that the natural environment is duly considered in the decision-making process,

(c)  to consider Auburn’s location within the Parramatta River Catchment Area and Cooks River Catchment Area and ensure that development does not adversely impact on these river systems and their tributaries,

(d)  to encourage an efficient means of disposing of stormwater that reduces the potential for flooding without reducing the ability to rehabilitate Auburn’s waterways,

(e)  to ensure that development does not adversely impact on air and soil quality,

(f)  to ensure that development does not breach regulatory noise controls,

(g)  to promote the conservation of natural resources and non-renewable energy resources through energy efficient design, construction techniques, choice of building materials and the utilisation of ecologically sustainable development techniques,

(h)  to minimise waste by promoting the recycling and reusing of materials.

(2)  The specific objectives of this plan in relation to economic development are as follows:

(a)  to facilitate economic activity and employment growth within the LGA,

(b)  to facilitate the economic prosperity of the commercial centres within the LGA,

(c)  to improve the social and economic conditions within the LGA,

(d)  to promote a ready work force for business in the LGA.

(3)  The specific objectives of this plan in relation to social development are as follows:

(a)  to ensure that there is an adequate and equitable distribution of open space for all residents within the LGA,

(b)  to ensure that development facilitates the efficient and equitable provision of public services and amenities,

(c)  to increase the housing choices available within the LGA while improving residential amenity,

(d)  to increase the availability of employment opportunities,

(e)  to ensure that social issues and needs are adequately addressed in the Council’s decision-making process.

(4)  The specific objectives of this plan in relation to the character and amenity of the LGA are as follows:

(a)  to recognise the special character and function of individual areas within the LGA,

(b)  to ensure that development improves the environmental character and quality of streetscapes within the LGA,

(c)  to protect the environmental and cultural heritage of the LGA,

(d)  to ensure that redevelopment improves streetscapes and is in keeping with the character of the LGA,

(e)  to identify and conserve those items and localities which contribute to the local environment and cultural heritage of the LGA.

Part 3 General zoning controls

9 Zoning control tables

(1)  Parts 4–8 set out the controls for land within the zones applying to the land to which this plan applies.

(2)  Each Part states the objectives of the zones to which it applies, and identifies the development that may be carried out without development consent (including such of that development as is exempt development), the development that may be carried out only with development consent (including complying development) and the development that is prohibited within the zones.

(3)  Parts 4–8 are subject to the special provisions relating to heritage contained in Part 9 and other special provisions contained in Part 10.

(4)  Particulars relating to exempt and complying development are set out in the development control plan specified in Schedule 5.

(5)  The consent authority must not grant consent to the carrying out of development on land to which this plan applies unless the consent authority is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

10 Zones created by this plan

For the purposes of this plan, the following zones apply to land as shown on the map:

2 (a)  Residential (Low Density)

2 (b)  Residential (Medium Density)

2 (c)  Residential (Residential Flat Buildings)

3 (a)  Business (Retail and Office Development)

3 (b)  Business (Office Development)

4 (a)  General Industrial

4 (b)  Light Industrial

4 (c)  Industrial Enterprise

4 (d)  Special Enterprise

5 (a)  Special Uses

5 (b)  Special Uses (Arterial Roads)

5 (c)  Special Uses (Local Roads)

6 (a)  Public Recreation

6 (b)  Private Recreation

Part 4 Residential zones

11 Zoning controls for Zone No 2 (a)—Residential (Low Density) Zone

(1)  The objectives of Zone No 2 (a) are as follows:

(a)  to identify localities suitable for low density residential development,

(b)  to permit residents to work at home where there is no adverse impact on the amenity of the area,

(c)  to permit appropriate uses in the zone that complement the residential nature and function of the zone.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 2 (a) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

bed and breakfast accommodation child care centres community facilities dwelling houses educational establishments exhibition homes home industries hospitals

local shops places of public worship professional consulting rooms recreation areas site identification signs transitional group homes utility undertakings

Subdivision.

Complying development in Zone No 2 (a) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 2 (a) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 5 permits the erection of housing for older people or people with a disability in all residential zones.

Note 3—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

12 Zoning controls for Zone No 2 (b)—Residential (Medium Density) Zone

(1)  The objectives of Zone No 2 (b) are as follows:

(a)  to permit multiple dwelling residential development on appropriate sites,

(b)  to permit residents to work at home where there is no adverse impact on the amenity of the area,

(c)  to permit appropriate uses in the zone that complement the residential nature and functioning of the zone.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 2 (b) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

bed and breakfast accommodation child care centres community facilities dwelling houses educational establishments exhibition homes home industries hospitals

local shops multiple dwellings places of public worship professional consulting rooms public buildings site identification signs transitional group homes utility undertakings

Subdivision.

Complying development in Zone No 2 (b) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 2 (b) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 5 permits the erection of housing for older people or people with a disability in all residential zones.

Note 3—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

13 Zoning controls for Zone No 2 (c)—Residential (Residential Flat Buildings) Zone

(1)  The objectives of Zone No 2 (c) are as follows:

(a)  to permit residential flat buildings on appropriate sites in close proximity to railway stations,

(b)  to permit residents to work at home where there is no adverse impact on the amenity of the area,

(c)  to permit appropriate uses in the zone that complement the residential nature and functioning of the zone.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 2 (c) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

bed and breakfast accommodation boarding houses dwelling houses educational establishments hospitals motels

multiple dwellings places of public worship recreation areas residential flat buildings utility undertakings

Subdivision.

Complying development in Zone No 2 (c) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 2 (c) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 5 permits the erection of housing for older people or people with a disability in all residential zones.

Note 3—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

14 General restrictions on development in residential zones

Consent may be granted for development on land within Zone No 2 (a), 2 (b) or 2 (c) only if, in the opinion of the consent authority, it is compatible with the existing and likely future character and amenity of nearby properties in terms of:

(a)  its scale, bulk, height, siting and landscaping, and

(b)  its operation, and

(c)  traffic generation and car parking, and

(d)  noise, dust, light and odour nuisance, and

(e)  privacy, and

(f)  stormwater drainage, and

(g)  hours of operation, and

(h)  overshadowing.

Part 5 Business zones

15 Zoning controls for Zone No 3 (a)—Business (Retail and Office Development) Zone

(1)  The objectives of Zone No 3 (a) are as follows:

(a)  to provide a range of retail, commercial and professional services and community and residential uses in appropriate locations,

(b)  to encourage appropriate business activities which contribute to economic growth and employment opportunities within the zone,

(c)  to improve the environmental amenity and function of the zone,

(d)  to contain the retail areas to a defined area to improve the economic viability of the shops,

(e)  to retain the commercial nature of the zone while permitting residential uses in the zone.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 3 (a) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

amusement centres bulky goods retailing car parking stations child care centres clubs commercial premises community facilities dwellings attached to or within a building used or intended to be used for other permissible uses in this zone educational establishments exhibition homes general advertising signs home industries hospitals hotels medical centres motels passenger transport terminals

places of assembly places of public worship public buildings residential flat buildings located entirely above any other permissible uses in this zone recreation areas recreation facilities restaurants service stations service support industries serviced apartments located entirely above any other permissible uses in this zone shops site identification signs showrooms utility undertakings

Subdivision.

Complying development in Zone No 3 (a) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 3 (a) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

16 Zoning controls for Zone No 3 (b)—Business (Office Development) Zone

(1)  The objectives of Zone No 3 (b) are as follows:

(a)  to provide a range of commercial and professional services, community services and residential uses in appropriate locations,

(b)  to encourage appropriate business activities that contribute to economic growth and employment opportunities within the zone,

(c)  to improve the environmental amenity and function of the zone,

(d)  to ensure an adequate supply of office space,

(e)  to retain the commercial nature of the zone while permitting residential uses in the zone.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 3 (b) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

car parking stations child care centres clubs commercial premises community facilities dwellings attached to or within a building used, or intended to be used, for other permissible uses in this zone educational establishments exhibition homes general advertising signs hospitals hotels medical centres motels passenger transport terminals places of assembly

places of public worship public buildings recreation areas recreation facilities residential flat buildings located entirely above any other permissible uses in this zone restaurants service stations service support industries serviced apartments located entirely above any other permissible uses in this zone showrooms site identification signs training facilities utility undertakings

Subdivision.

Complying development in Zone No 3 (b) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 3 (b) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

17 Restrictions on development within business zones

Consent may be granted for development on land within Zone No 3 (a) or 3 (b) only if, in the opinion of the consent authority, it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:

(a)  its bulk, and

(b)  streetscape, and

(c)  its operation, and

(d)  traffic generation and car parking, and

(e)  noise, light, dust and odour nuisance, and

(f)  privacy, and

(g)  stormwater drainage, and

(h)  hours of operation, and

(i)  overshadowing.

Part 6 Industrial zones

18 Zoning controls for Zone No 4 (a)—General Industrial Zone

(1)  The objectives of Zone No 4 (a) are as follows:

(a)  to provide sufficient land to be used primarily for a broad range of industrial uses,

(b)  to permit a range of uses that are compatible with industrial areas,

(c)  to encourage industrial uses that will contribute to economic and employment growth of the locality,

(d)  to prohibit shops in this zone, but permit minor retail development only where it is providing for the daily convenience needs of the local workforce or is ancillary or incidental to the main purpose of development.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (a) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

banks brothels car repair stations child care centres community facilities depots dwellings used in conjunction with another land use which is permissible in this zone equipment hire centres freight transport terminals high technology industries industries junkyards liquid fuel depots materials recycling depots

mines offensive and hazardous industries offensive waste storage establishments places of public worship public buildings recreation areas recreation facilities refreshment rooms service stations service support industries showrooms site identification signs training facilities warehouses or distribution centres utility undertakings

Subdivision.

Complying development in Zone No 4 (a) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 4 (a) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

19 Zoning controls for Zone No 4 (b)—Light Industrial Zone

(1)  The objectives of Zone No 4 (b) are as follows:

(a)  to permit appropriate light industrial development in the zone,

(b)  to permit a range of uses that are compatible with the zone,

(c)  to recognise the close proximity of this zone to adjoining residential areas and to reduce potential conflict between industrial and residential uses,

(d)  to prohibit shops in this zone generally but permit minor retail development only where it is providing for the daily convenience needs of the local workforce or is ancillary or incidental to the main purpose of the development.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (b) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

banks car repair stations child care centres community facilities depots distribution centres dwellings used in conjunction with another land use which is permissible in this zone equipment hire centres high technology industries

light industries places of public worship public buildings recreation areas recreation facilities refreshment rooms service support industries showrooms site identification signs training facilities utility undertakings warehouses or distribution centres

Subdivision.

Complying development in Zone No 4 (b) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 4 (b) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

20 Zoning controls for Zone No 4 (c)—Industrial Enterprise Zone

(1)  The objectives of Zone No 4 (c) are as follows:

(a)  to recognise the special character of Parramatta Road frontages and surrounding areas,

(b)  to ensure that development in this zone does not reduce the economic viability of businesses in the business zones,

(c)  to provide the flexibility required to encourage innovative and high technology industrial uses in the zone,

(d)  to prohibit shops in this zone generally but permit minor retail development only where it is providing for the daily convenience needs of the local work force, is ancillary or incidental to other permissible development or is in the form of bulky goods retail outlets or motor showrooms.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (c) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

banks bulky goods retailing car repair stations child care centres community facilities depots dwellings used in conjunction with another land use that is permissible in this zone educational establishments equipment hire centres exhibition homes freight transport terminals general advertising signs high technology industries hotels industries light industries

motels motor showrooms multiple dwellings passenger transport terminals places of public worship public buildings recreation areas recreation facilities refreshment rooms restaurants service support industries serviced apartments showrooms site identification signs training facilities utility undertakings warehouses or distribution centres

Subdivision.

Complying development in Zone No 4 (c) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 4 (c) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

21 Zoning controls for Zone No 4 (d)—Special Enterprise Zone

(1)  The objectives of Zone No 4 (d) are as follows:

(a)  to provide land that can be used for a range of uses including light industries, community services and residential development,

(b)  to ensure that uses within the zone do not have an adverse impact on other uses within and surrounding the zone,

(c)  to accommodate changes in the demand for land uses in the area,

(d)  to encourage development that improves the amenity of the locality,

(e)  to prohibit shops generally in this zone but permit minor retail development only where it is providing for the daily convenience needs of the local workforce or is ancillary or incidental to other permissible development.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (d) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

banks car repair stations child care centres community facilities dwelling houses dwellings used in conjunction with another land use which is permissible in this zone equipment hire centres exhibition homes high technology industries home industries

light industries multiple dwellings places of public worship professional consulting rooms public buildings recreation areas recreation facilities refreshment rooms showrooms site identification signs training facilities utility undertakings

Subdivision.

Complying development in Zone No 4 (d) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 4 (d) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

22 General restrictions on development in industrial zones

Consent may be granted for development on land zoned 4 (a), 4 (b), 4 (c) or 4 (d) only if it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:

(a)  its scale, bulk, design, height, siting and landscaping, and

(b)  its operation, and

(c)  traffic generation and car parking, and

(d)  noise, light, dust and odour nuisance, and

(e)  privacy, and

(f)  stormwater drainage, and

(g)  hours of operation, and

(h)  overshadowing.

23 Residential development in the 4 (c) Industrial Enterprise Zone

Residential development on land zoned 4 (c) is allowed only where the land adjoins land zoned 2 (a), 2 (b) or 2 (c) and does not front Parramatta Road.

24 Development adjoining the 4 (c) Industrial Enterprise Zone

Consent may be granted to development on land which immediately adjoins land zoned 4 (c) as if the land was zoned 4 (c) provided the development:

(a)  would be allowed with consent in accordance with this plan if the land was zoned 4 (c), and

(b)  enables an improvement in the amenity of any residential development in the vicinity as well as an improvement in the functioning and appearance of development on land zoned 4 (c), and

(c)  will be carried out on land that will be consolidated with a lot that is zoned 4 (c).

25 Development adjoining the 4 (d) Special Enterprise Zone

Consent may be granted to development on land which immediately adjoins land zoned 4 (d) as if the land was zoned 4 (d) provided the development:

(a)  would be allowed with consent in accordance with this plan if the land was zoned 4 (d), and

(b)  enables an improvement in the amenity of any residential development in the vicinity as well as an improvement in the functioning and appearance of development on land zoned 4 (d), and

(c)  will be carried out on land that will be consolidated with a lot that is zoned 4 (d).

Part 7 Special uses zones

26 Zoning controls for Zone No 5 (a)—Special Uses Zone

(1)  The objectives of Zone No 5 (a) are as follows:

(a)  to facilitate certain development on land which is or is proposed to be used by public authorities to provide services, utilities and public infrastructure that are compatible with the locality,

(b)  to allow ancillary development which is incidental to the primary use specified on the map,

(c)  to allow surplus public land to be used for purposes that are compatible with uses permitted in an adjoining zone.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 5 (a) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Any development consistent with or ordinarily incidental to the use marked in red lettering on the map.

Development for the purpose of:

car parking stations dwellings used in conjunction with another land use which is permissible in this zone general advertising signs

places of public worship roads site identification signs utility undertakings

Subdivision.

Development that may be carried out (with or without development consent) in an adjoining zone and is consistent with the objectives of the adjoining zone.

Complying development in Zone No 5 (a) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 5 (a) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

27 Zoning controls for Zone No 5 (b)—Special Uses (Arterial Roads) Zone

(1)  The objective of Zone No 5 (b) is to identify land required for existing or proposed arterial roads and to allow appropriate use of land within this zone.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 5 (b) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

roads

utility undertakings

Subdivision.

Development that may be carried out (with or without development consent) in an adjoining zone and is consistent with the objectives of the adjoining zone.

Complying development in Zone No 5 (b) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 5 (b) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

28 Zoning controls for Zone No 5 (c)—Special Uses (Local Roads) Zone

(1)  The objective of Zone No 5 (c) is to identify land required for proposed local roads including the widening of local roads.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 5 (c) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

roads

utility undertakings

Subdivision.

Development that may be carried out (with or without development consent) in an adjoining zone and is consistent with the objectives of the adjoining zone.

Complying development in Zone No 5 (c) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 5 (c) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

29 Land acquisition in the Special Uses 5 (b) Zone

(1)  The owner of any vacant land zoned 5 (b) may, by notice in writing, require:

(a)  the RTA, if the land is included in the five-year works programme of the RTA current at the time of receipt of the notice, or

(b)  the Corporation, in any other case,

to acquire the land.

(2)  The owner of any land zoned 5 (b) that is not vacant may, by notice in writing, require the RTA to acquire the land if:

(a)  the land is included in the five-year works programme of the RTA current at the time of receipt of the notice, or

(b)  the RTA has decided not to give concurrence under subclause (4) to an application for consent to the carrying out of development on the land, or

(c)  the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(3)  On receipt of a notice under this clause, the RTA or the Corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.

(4)  A person may, with development consent and:

(a)  in the case of vacant land, with the concurrence of the RTA and the Corporation, or

(b)  in the case of land that is not vacant, with the concurrence of the RTA,

carry out development on land zoned 5 (b) for a purpose for which development may be carried out on land in an adjoining zone or for any purpose which is compatible with development which may be carried out on land in an adjoining zone.

(5)  In deciding whether to grant concurrence to proposed development under this clause, the RTA and the Corporation must take the following matters into consideration:

(a)  the need to carry out development on the land for the purpose of classified roads or proposed classified roads within the meaning of the Roads Act 1993, and

(b)  the imminence of acquisition, and

(c)  the likely additional cost to the RTA or the Corporation resulting from the carrying out of the proposed development.

(6)  Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.

(7)  In this clause:

the Corporation means the corporation constituted by section 8 (1) of the Act.

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which immediately before the day on which a notice under subclause (1) is given there were no buildings other than fences, green houses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.

30 Land acquisition in the Special Uses 5 (c) Zone

(1)  The owner of any land zoned 5 (c) may, by notice in writing, request the Council to acquire the land.

(2)  On receipt of the request, the Council must make arrangements to acquire the land, if:

(a)  the land is included in a five-year works program of the Council, current at the time of receipt of the request, or

(b)  the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

except where the land identified to be acquired by the Council may reasonably be required to be dedicated to the Council as a condition of consent to the carrying out of development.

(3)  Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.

31 Restrictions on development in special uses zones

Consent may be granted to development on land zoned 5 (a) or 5 (b) only if it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:

(a)  its scale, bulk, design, height, siting and landscaping, and

(b)  its operation, and

(c)  traffic generation and car parking, and

(d)  noise, light, dust and odour nuisance, and

(e)  privacy, and

(f)  stormwater drainage, and

(g)  hours of operation, and

(h)  overshadowing.

Part 8 Open space zones

32 Zoning controls for Zone No 6 (a)—Public Recreation Zone

(1)  The objectives of Zone No 6 (a) are as follows:

(a)  to identify areas of land suitable for open space, recreation and leisure purposes,

(b)  to ensure that there is an equitable distribution of open space to satisfy recreational and leisure demands throughout the LGA,

(c)  to ensure protection of significant natural landscape elements,

(d)  to permit a range of uses within the zone that will enhance the function and purpose of open space areas without detracting from the amenity of the area,

(e)  to identify land required to satisfy demand for open space and recreational purposes.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 6 (a) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

child care centres clubs community facilities dwellings used in conjunction with another land use which is permissible in this zone general advertising signs maintenance depots motels where use of the facility is ancillary to the recreational use of the land and carried out by the immediate participants in the recreational use only

recreation areas recreation facilities restaurants site identification signs training facilities utility undertakings

Subdivision.

Complying development in Zone No 6 (a) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 6 (a) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

33 Zoning controls for Zone No 6 (b)—Private Recreation Zone

(1)  The objectives of Zone No 6 (b) are as follows:

(a)  to identify land where private recreation is provided,

(b)  to permit a range of uses and facilities ancillary to the recreational use.

(2) Development allowed without consent Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 6 (b) in the Auburn Development Control Plan identified in Schedule 5.

(3) Development that requires consent Development for the purpose of:

child care centres clubs commercial premises community facilities dwellings used in conjunction with another land use which is permissible in the zone general advertising signs maintenance depots

motels where use of the facility is ancillary to the recreational use of the land and carried out by the immediate participants in the recreational use only recreation areas recreation facilities restaurants site identification signs training facilities utility undertakings

Subdivision.

Complying development in Zone No 6 (b) is any local development that is included above in this subclause and is listed and satisfies the criteria for complying development relevant to land zoned 6 (b) in the Auburn Development Control Plan identified in Schedule 5.

(4) Development which is prohibited Development not included in subclause (2) or (3).

Note 1—

Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.

Note 2—

State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.

34 Land acquisition within the 6 (a) Public Recreation Zone

(1)  The owner of any land within the 6 (a) zone may, in writing, request the Council to acquire the land.

(2)  On receipt of the request, the Council must make arrangements to acquire the land if:

(a)  the land is included in a five-year works program of the Council, current at the time of receipt of the request, or

(b)  the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

except where the land identified to be acquired by the Council may reasonably be required to be dedicated to the Council as a condition of consent to the carrying out of development.

35 Use of land within the Public Recreation 6 (a) Zone before it is acquired

Before granting an application for consent to carry out development on land within Zone No 6 (a) which may be required to be acquired for public open space, the consent authority must consider the following:

(a)  the need for the proposed development on the land,

(b)  the impact of the proposed development on the existing or likely future use of the land,

(c)  the need to retain the land for its existing or likely future use,

(d)  the effect of the proposed development on the cost of acquisition,

(e)  the imminence of acquisition,

(f)  the cost of reinstatement of the land for the purposes for which the land is to be acquired.

36 Use of land within the Public Recreation 6 (a) Zone after it has been acquired

Before granting an application for consent to carry out development on publicly owned land zoned 6 (a) the consent authority must consider the following:

(a)  the need for the proposed development on that land,

(b)  the impact of the proposed development on the existing or likely future use of the land,

(c)  whether or not any proposed building will be secondary and complementary to the existing use of the land as a recreational area.

37 Restrictions on development in the recreation zones

Consent may be granted to development on land zoned 6 (a) or 6 (b) only if it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:

(a)  its scale, bulk, height, siting and landscaping, and

(b)  its operation, and

(c)  traffic generation and car parking, and

(d)  noise, dust, light and odour nuisance, and

(e)  privacy, and

(f)  stormwater drainage, and

(g)  hours of operation, and

(h)  overshadowing.

38 Restaurants in the open space zones

Consent may be granted to development for the purpose of a restaurant on land zoned 6 (a) or 6 (b) only where it can be demonstrated to the satisfaction of the consent authority that the use will not interfere with the predominant function of the open space where it is located.

Part 9 Heritage provisions

39 Heritage aims

The consent authority is not to grant consent to the carrying out of development on a property that is listed as a heritage item or within a heritage group in Schedule 2, unless it is of the opinion that the proposal is consistent with the following aims:

(a)  to conserve the environmental heritage of the LGA,

(b)  to integrate heritage conservation into the planning and development control processes,

(c)  to ensure that any development does not adversely affect the heritage significance of heritage items and heritage groups and their settings, and distinctive streetscapes, landscapes, and architectural styles which define the character of heritage conservation groups.

40 Restrictions on heritage items and heritage groups

The following development may be carried out only with development consent:

(a)  demolishing, defacing or moving a heritage item or an item within a building within a heritage group,

(b)  altering a heritage item or a building, work or relic within a heritage group by making structural changes to its exterior,

(c)  altering a heritage item or a building or relic within a heritage group by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect the heritage significance of the item or group,

(d)  moving a relic, or excavating land for the purpose of exposing or moving a relic,

(e)  erecting a building on land on which a heritage item is located or which is within a heritage group,

(f)  subdividing land on which a heritage item is located or which is within a heritage group.

41 When development consent is not required

Development consent for work on heritage items or within a heritage group is not required if:

(a)  the applicant notifies the consent authority in writing of the proposed development, and

(b)  the consent authority is of the opinion that the development is minor, and

(c)  the consent authority notifies the applicant in writing that it is satisfied that the proposed development is minor and that development consent is not required, and

(d)  development consent for the proposed development is not otherwise required in the zone.

42 Assessment of heritage applications

(1)  Before granting consent for development involving a heritage item or a heritage group, the consent authority is to be satisfied that:

(a)  the proposed development will not reduce the heritage significance of the heritage item or heritage group, and

(b)  the effect of the proposed development on significant structural fabric, on stylistic, horticultural, or archaeological features of the item, on its curtilage and on the contribution the features make to the significance of the item or the site have been considered.

(2)  Before granting consent for development in a heritage group, the consent authority is to assess:

(a)  whether the proposed development retains the characteristic features of the heritage group, and

(b)  whether the following aspects of the proposed development are compatible with the characteristic features of the heritage group, including the height, number of storeys, bulk and scale of buildings within the group:

(i)  the pitch, form and detail of the roof,

(ii)  the style, size, proportion and position of openings for windows or doors,

(iii)  the colour, texture, styles, size and type of finish of the materials to be used on the exterior of the building.

(3)  Before granting consent to the demolition of a heritage item of State significance, the consent authority must notify the Heritage Council of the development application and must take into account any comments received from the Heritage Council within 28 days of sending the notice.

43 Development in the vicinity of heritage items or heritage groups

Before granting consent to development on land in the vicinity of a heritage item or heritage group, the consent authority must take into account the likely effect the proposed development will have on the heritage significance of the heritage item or heritage group.

44 Incentives for heritage conservation

The consent authority may grant consent to the use, for any purpose, of a building that is a heritage item or within a heritage group, or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:

(a)  the proposed use would have little or no adverse effect on the amenity of the locality, and

(b)  the proposed use would not adversely affect the heritage significance of the heritage item or heritage group, and

(c)  the conservation of the building depends on the granting of the consent.

45 Register of archaeological sites and potential archaeological sites

The Council is to maintain a register identifying archaeological sites and potential archaeological sites within the LGA.

46 Development of archaeological sites or potential archaeological sites

The consent authority may grant consent to the carrying out of development on an archaeological site or potential archaeological site only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  it has notified the Heritage Council and taken into consideration any comments received from the Heritage Council within 28 days after the notice is sent.

Note—

The list of heritage items and heritage groups appears in Schedule 2 to this plan.

47 Development in Rookwood Cemetery

(1)  This clause applies to the land known as Rookwood Cemetery.

(2)  Development consent from, and notification to, the consent authority is not required under this plan for:

(a)  the creation of a new grave, or a monument or crypt in an area approved for the purpose by the appropriate authority, or

(b)  the further use of an existing grave site or crypt,

within a graveyard that is a heritage item, provided the heritage significance of the item is not adversely affected.

(3)  Development consent from, or notification to, the consent authority is not required for maintenance or embellishment of existing graves, crypts or monuments.

Part 10 Special provisions

48 Surrounding lots

The consent authority must not consent to development in Zone No 2 (a), 2 (b), 2 (c), 3 (a), 3 (b), 4 (a), 4 (b), 4 (c) or 4 (d) if it considers that the development will prevent the surrounding lots from being developed in accordance with this plan.

49 Additional uses

(1)  Despite any other provision of this plan, development may be carried out, but only with development consent, on land specified in Column 1 of Schedule 6 for the purpose of a building, work, place or land use specified in Column 2 of that Schedule in relation to that land, subject to conditions (if any) specified in Column 3 of that Schedule.

(2)  Despite any other provision of this plan, development may be carried out, but only with development consent, on land within Zone No 3 (a), 3 (b), 4 (a), 4 (b), 4 (c), 4 (d), 6 (a) or 6 (b) for the purpose of any building, work, place or land use that is not defined for the purposes of this plan if:

(a)  the consent authority is satisfied that, due to its type, function and scale, and the nature of the environment in which it is proposed to be located, the proposed development will be consistent with the objectives of the zone in which it is proposed to be carried out, and

(b)  the consent authority is satisfied that the proposed development will not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and

(c)  the proposed development does not involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale, and does not involve the manufacture or processing of any hazardous chemicals or materials or any pollutants, and

(d)  the proposed development will not contravene any condition of a development consent already applying to the land, and

(e)  it is not to be carried out on the site of a heritage item or within a building that is within a heritage group, and

(f)  it is not to be carried out on a site that has previously been used as a service station or for mining or extractive industry, for waste storage or waste treatment or for the manufacture of chemicals, asbestos or asbestos products, unless a notice of completion of remediation work for the proposed use has been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land.

(3)  If the Council is the consent authority for an application made for consent to development allowed by subclause (2), the Council:

(a)  must give notice of the application to the Director when it is lodged, and

(b)  must not grant the application until either 28 days has expired after the notice is received by the Director or the Director has sooner given the Council notice that the Director is satisfied that the Council is the appropriate consent authority.

50 Community use of educational establishments and places of public worship

The consent authority may grant consent to community use of land and facilities of educational establishments and places of public worship as well as the commercial operation of those facilities and sites where it is satisfied that there will be no adverse impact on the surrounding area in terms of:

(a)  its design, height and siting, and

(b)  its operation, and

(c)  traffic generation and car parking, and

(d)  noise, light, dust and odour nuisance, and

(e)  privacy, and

(f)  stormwater drainage, and

(g)  hours of operation, and

(h)  overshadowing.

51 Contaminated land

Any development on contaminated land may be carried out only with development consent, subject to the Contaminated Land Management Act 1997 and State Environmental Planning Policy No 55—Remediation of Land.

52 Development adjoining an arterial road or a railway line

Consent must not be granted for development adjoining an arterial road or a railway line unless the consent authority is satisfied that appropriate noise attenuation measures are to be employed.

53 Development on public roads

Any development may be carried out on land shown uncoloured on the map but only with the consent of the consent authority.

54 Flood liable land

The consent authority must not grant consent to the erection of a building or the carrying out of works on land to which this plan applies if, in the opinion of the consent authority:

(a)  the land is within a floodway, and

(b)  the carrying out of the proposed development is likely to have the following consequences:

(i)  adversely impede the flow of floodwaters on the land or land in its immediate vicinity,

(ii)  imperil the safety of persons on that land or land in its immediate vicinity in the event of the land being inundated with flood waters,

(iii)  aggravate the consequences of floodwaters flowing on that land or land in its immediate vicinity with regard to erosion or siltation,

(iv)  adversely affect the water table of land in its immediate vicinity.

55 Foreshore building line

(1)  The Council may, by resolution, fix a foreshore building line in respect of any land fronting Parramatta River, Duck River or Haslams Creek.

(2)  A foreshore building line, when fixed by the Council, is to be marked on a plan or clearly described in the resolution and such plan and resolution is to be available for inspection by the public, without charge, during the office hours of the Council.

(3)  The Council may alter or abolish any foreshore building line for a particular site where the levels, depth or other exceptional features of the site make it expedient to do so.

(4)  Except as provided by subclause (5), the consent authority must not consent to development for the purpose of a building, car parking area or vehicular manoeuvring area between the foreshore building line and adjacent tidal waters.

(5)  The consent authority may consent to development for the purpose of the following on land between the foreshore building line and adjacent tidal waters:

(a)  marinas,

(b)  wharves,

(c)  jetties,

(d)  haul-out structures,

(e)  boat ramps,

(f)  works associated with park and playground equipment,

(g)  bicycle tracks and footpaths.

56 Landfill

Consent for the placing of landfill may be granted only if the consent authority is satisfied that:

(a)  the landfill is required for the reasonable economic use of the land on which it takes place or for the provision of utility services, and

(b)  there would be no adverse impact on:

(i)  a water body, or

(ii)  private or public property, or

(iii)  groundwater quality and resources, or

(iv)  stormwater drainage, or

(v)  flooding.

57 Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Part 1 of Schedule 4:

(a)  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

(3)  Land described in Columns 1 and 2 of Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 2 of Schedule 4.

(4)  In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 4, means the local environmental plan cited at the end of the description of the land.

(5)  Before the relevant amending plan inserted the description of land into Part 2 of Schedule 4, the Governor approved of subclause (3) applying to the land.

cl 57: Subst 9.3.2001.

58 Development by public authorities

(1)  Nothing in this plan is to be construed as restricting or prohibiting, or enabling the consent authority to restrict or prohibit, the carrying out of an activity of any description specified in Schedule 3 by a public authority or a corporation that was a public authority but has been privatised.

(2)  Nothing in this plan is to be construed as removing the requirement of determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.

59 Services

The consent authority may decline to grant consent to the carrying out of any development on land unless:

(a)  a water supply, and facilities for sewage disposal and drainage, are available to that land, or

(b)  arrangements satisfactory to the consent authority and to Sydney Water, as the case requires, have been made or are required to be made for the provision of that supply and those facilities.

60 Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any covenant, agreement or similar instrument that purports to impose restrictions on the carrying out of development on the land to which this plan applies, to the extent necessary to serve that purpose, does not apply to any such development.

(2)  Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)  Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).

61 Temporary use of land

Despite any other provision of this plan, the consent authority may grant development consent to the carrying out of development (other than designated or State significant development) for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year, but only if:

(a)  it would not generate an excessive demand for public services, and

(b)  it would be compatible with the character and amenity of nearby development in terms of:

(i)  its design, height and siting, and

(ii)  its operation, and

(iii)  traffic generation and car parking, and

(iv)  noise, light, dust, and odour nuisance, and

(v)  privacy, and

(vi)  stormwater drainage, and

(vii)  hours of operation, and

(viii)  overshadowing, and

(c)  it would not be inconsistent with any current consent applying to the land.

62 Trees

A tree preservation order made in relation to land to which this plan applies, and in force immediately before the appointed day, is taken to be a tree preservation order made by the Council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 and may be rescinded or varied in accordance with that clause.

63 Model provisions

The following provisions of the Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan:

(a)  the definitions of boarding-house, extractive industry, helipad, heliport, institution and mine in clause 4 (1),

(b)  clause 8 (Preservation of trees).

64 Staged development

(1)  The consent authority must not grant consent for development of the whole or any part of a parcel of land described in Part 1 of Schedule 7 unless the consent authority is satisfied that the proposed development will form part of staged development in which:

(a)  the first stage, to the greatest extent practicable, has regard to all of the matters required by Part 2 of Schedule 7 to be taken into account in staged development proposals and such additional matters as the consent authority may require in relation to the parcel, and

(b)  each subsequent stage has regard to the first stage.

(2)  Subclause (1) does not apply if:

(a)  the development concerned is for the purpose of landscaping, servicing, remediation or demolition, or

(b)  the development is, in the opinion of the consent authority, of a minor nature, or

(c)  in the opinion of the consent authority, consent has been granted for all development of the parcel that will be carried out as staged development.

(3)  Consent must not be granted to staged development of the parcel of land identified in Part 1 of Schedule 7 as the Lidcombe Hospital Site unless the total number of dwellings to be erected on the land does not exceed the number calculated in accordance with the following formula:

 

Area MP means the area in square metres of the site which is the subject of the staged development proposal.

Area R means the area in square metres of the land to be used as roadways.

Area POS means the area in square metres of the land to be used as public open space.

For the purposes of this subclause:

Schedule 1 Definitions

(Clause 5)

In this plan:

Adjoining land means land that shares a common boundary.

Alter, in relation to a heritage item or to a building or work within a heritage group, means to:

(a)  make structural or non-structural changes to the outside of the heritage item, building or work such as changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, but not changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work, or

(b)  make structural or non-structural changes to the interior of the heritage item but not changes in the form of office partitioning, floor covering, or painting.

Amusement centre means a building or place used principally for playing:

(a)  billiards, pool or other like games, or

(b)  electrically or mechanically operated amusement devices, such as pinball machines, video games and the like, but does not include a building or place used primarily for other purposes.

ANZECC and NH & MRC Guidelines means the Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites jointly developed by the Australian and New Zealand Environment and Conservation Council (ANZECC) and the National Health and Medical Research Council (NH & MRC) published in January 1992.

Appointed day means the day on which this plan takes effect.

Appropriate standard, in relation to contaminated land, means a standard appropriate for the proposed use of the land concerned and that is consistent with:

(a)  the requirements of the ANZECC and NH & MRC Guidelines, and

(b)  any guidelines, protocols or standards published by the Environment Protection Authority and notified to the Council that are relevant to remediation procedures, the type of contamination on the land or the type of use to which the land was, or is proposed to be, put.

Archaeological site means a site identified in the register maintained by the Council for the purpose as a site having archaeological significance.

Arterial road means a road owned and controlled by the Roads and Traffic Authority.

Bed and breakfast accommodation means a dwelling house used for short-term accommodation for not more than three persons, not including the permanent residents of the dwelling house, and that incorporates common facilities for the provision of meals, but does not include a backpackers’ hostel, boarding house, serviced apartment, private hotel or motel.

Brothel means premises habitually used for the purpose of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution. A brothel includes any premises where the act of prostitution occurs irrespective of whether other services or businesses are being provided or carried out.

Bulky goods retailing means the retailing of large goods such as furniture, do-it-yourself home improvement materials and the like which generate a low return per unit floor area and which are of such a size and shape as to require:

(a)  a large area for handling, storage or display, and

(b)  easy and direct vehicular access to enable the goods to be collected by customers after sale.

Car parking station means a building or place primarily used for parking motor vehicles (whether on a casual or permanent basis), whether or not for payment.

Car repair station means a building or place used for carrying out repairs to motor vehicles or agricultural machinery, but not used for:

(a)  body building, or

(b)  panel beating involving dismantling, or

(c)  spray painting (except for touching up).

Cemetery means a place for burials and cremations other than a churchyard.

Child care centre means a building or place used for educating, minding or caring for children, catering for six or more children, but does not include an educational establishment.

Club means a building or place used for the gathering of persons for social, literary, political, sporting, athletic or other lawful purposes and which is or is intended to be registered under the Registered Clubs Act 1976.

Commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Schedule, or a building or place used for a purpose elsewhere specifically defined in this Schedule.

Community facility means a building or place that is owned or controlled by the Council and used for the physical, social, cultural or intellectual development and welfare of the local community.

Complying development has the same meaning as in the Act.

Conservation instrument means an interim heritage order, being an order made pursuant to Part 3 of the Heritage Act 1977.

Conservation plan means a document establishing the significance of a heritage item or heritage group and the policies which would be appropriate to enable that significance to be retained in the future use and development of the item or group.

Contamination of land means a concentration of substances above that normally present in or under the land that poses, or is likely to pose, an immediate or long term risk of harm to human health or the environment.

Contamination assessment means a report describing the investigation of contamination of land prepared by an appropriately qualified consultant in accordance with standards published by the Environment Protection Authority and Department of Urban Affairs and Planning.

Cultural heritage means aesthetic, historic, scientific or social value for past, present or future generations.

Demolition, in relation to a heritage item or to a building or work within a heritage group, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.

Depot means a building or place for the servicing, repair and garaging of vehicles and other equipment and the storage of material used by a public authority.

Dwelling means a room or suite of rooms, occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

Dwelling house means a building containing one, but not more than one, dwelling on an allotment and includes what is commonly known as a terrace house.

Educational establishment means a building used as a school, college, academy, lecture hall, gallery or museum, not used primarily to sell the items displayed in the building, but does not include a building used wholly or principally as an institution.

Equipment hire centre means a building or place used to hire out and store a range of tools and equipment and to repair and service that equipment.

Exhibition home means a dwelling built for the purposes of public exhibition and marketing and that is intended to be sold as a private dwelling after it has been used for those purposes and may include a sales office and a place used for providing home financing and a materials display and the like.

Fabric means all the physical material of a place.

Floor means the space within a building which is situated between one floor level and the next floor level above or, if there is no floor above, the ceiling or roof above.

Floor space ratio means the ratio of the gross floor area of a building to the area of the land on which the building is proposed to be erected.

Freight transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road or rail, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles, trains or carriages.

General advertising sign means a notice, device or representation intended to publicise goods, services, or other matter, visible from any public place or public reserve or from any navigable water, but does not include a display or notice placed inside a window for the purpose of viewing from outside the premises.

Gross floor area means the sum of the area of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

(a)  columns, fin walls, shade devices, and any elements, projections or works outside the general lines of the outer face of the external walls, and

(b)  lift towers, cooling towers, machinery and associated plant rooms, and ancillary storage space and vertical air conditioning ducts, and

(c)  car, coach and bicycle parking that complies with the maximum requirements of the Council’s applicable development control plan and any internal access to that parking, and

(d)  space for the loading and unloading of goods (but not in the case of warehouses or distribution centres).

Hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

Hazardous storage establishment means any establishment where goods, materials or products are stored and which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk, in relation to the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

Health care professional means a person who provides professional health services to members of the public and includes:

(a)  a podiatrist registered under the Podiatrists Act 1989, and

(b)  a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991, and

(c)  a physiotherapist registered under the Physiotherapists Registration Act 1945, and

(d)  an optometrist registered under the Optometrists Act 1930, and

(e)  a dentist registered under the Dentists Act 1989.

Height means the vertical distance measured between the natural ground level and the level of the eave of the roof above that point.

Heritage group means a group of individual items described in Schedule 2 as a heritage group.

Heritage item means a building, part of a building, work, relic, tree, archaeological site, streetscape, place or landscape or townscape item (which may or may not be situated on or within land that is heritage group) described in Schedule 2 as a heritage item.

Heritage item of State significance means a heritage item that has been identified as being of State heritage significance in the Auburn Heritage Study available at the office of the Council.

Heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

High technology industry means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a)  electronic and micro-electronic systems, goods and components,

(b)  information technology, computer software and hardware,

(c)  instrumentation and instruments,

(d)  biological, pharmaceutical, medical or paramedical systems, goods and components,

(e)  other goods, systems and components intended for use in science and technology.

Home industry means an occupation, not being a car repair station or panel beating operation, carried out in a dwelling house involving the assembling, altering, repairing, renovating, ornamenting, finishing, cleaning or processing of goods, articles or materials, but only if:

(a)  that use is undertaken by the permanent residents of the dwelling house and the use does not employ more than one employee not living on the site, and

(b)  adequate parking is provided so that all required parking for staff, residents and clients can be accommodated on site, and

(c)  the primary function of the dwelling house at all times is for residential purposes, and

(d)  the occupation does not interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and

(e)  the use does not involve public display or retail sale of any goods from the premises and does not include a land use elsewhere defined in this Schedule, and

(f)  no notice, advertisement or sign related to the occupation is exhibited (other than a notice, advertisement or sign exhibited on that dwelling house to indicate the name and occupation of the resident), and

(g)  the use is conducted in a fully enclosed area not exceeding 30 m² in area, and

(h)  the occupation does not involve exposure to view from any adjacent premises or from any public place of an unsightly matter, and

(i)  the occupation does not require the provision of any service main of a greater capacity than that available in the locality, and

(j)  the hours of operation do not exceed 5½ days a week between 8.00 am and 5.00 pm Monday to Friday and 9.00 am and 12 noon on Saturdays.

Hospital means a building or place (other than an institution) used for providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there) and includes:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants, and ancillary accommodation for persons receiving health care or for their visitors, and

(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers.

Hotel means premises specified in a hotelier’s licence granted under the Liquor Act 1982.

Housing for older people or people with a disability means residential accommodation which takes the form of a dwelling house or multiple dwelling, which is intended to be used as housing for the permanent accommodation of persons over the age of 55 or disabled persons and is built in accordance with State Environmental Planning Policy No 5—Housing for Older People or People with a Disability.

Industry means an undertaking involving the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but does not include any form of industry defined elsewhere in this Schedule.

Junkyard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of any parts of such automobiles, vehicles or machinery.

Landfill means all works or activities involved in the placement of fill on land, or an excavation of land, which significantly alters the shape, natural form or drainage of land but does not include dams.

LGA means the Auburn local government area.

Light industry means an industry in which the processes carried on, the transportation involved, or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but does not include any other form of industry defined elsewhere in this Schedule.

Liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other flammable liquid.

Local shop means a shop which operates primarily to serve the surrounding residential area, is conducted in a building and is operated on the same lot as an occupied dwelling house.

Low density residential development means development for the purpose of dwelling houses.

Maintenance means the protective care of the existing fabric, finish, appearance or setting of a heritage item or a building or work within a heritage group.

Maintenance depot means a building or premises used or intended to be used for the maintenance or development of recreation areas or for the repair or maintenance of machinery used for maintenance and upkeep of recreation areas.

Marina means shoreside facilities for mooring or servicing of boats providing facilities (including pontoons, jetties, piers, berths, or moorings) for dry dock or rack storage of vessels, repair, maintenance or refuelling of vessels, pumping out of sewage, sail lofts and spillways.

Materials recycling depot means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials, or for the collection, dismantling, storage, salvaging, or abandonment of vehicles or machinery or the sale of their parts.

Medical centre means a building or place, but not a multiple dwelling or a dwelling within a residential flat building, used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.

Minor building works means the carrying out of work on a site not containing a heritage item or within a heritage group, and which involves only:

(a)  the removal of additions and the restoration of a building as closely as possible to its original appearance, or

(b)  the erection or demolition of rear or side fences that do not form part of a dwelling, or

(c)  the erection or demolition of rear or side masonry walls that do not form part of the building, or

(d)  general maintenance or restoration of existing features, or replacements of existing features with features of the same kind, or

(e)  the erection of rear carports or skillion-roof garages associated with a dwelling house, or

(f)  ground floor rear extensions to a dwelling house, the floor of which is no more than 1 metre above natural ground level and which are not visible above the existing roof line, or

(g)  the installation of skylights that are not visible from the street, or

(h)  internal alterations to a dwelling, or

(i)  temporary signage advertising a dwelling which is for sale, but which does not include billboards or other advertising of similar proportions which relates to the sale of more than one dwelling, or

(j)  any minor development of a nature similar to anything else included in this definition if, in the opinion of the Council, the development is of a minor nature and does not have an adverse impact on the heritage significance of a heritage item or a building, work, relic, tree or place within a heritage group.

Motel means a building used principally for the overnight accommodation of travellers and the parking of their vehicles, whether or not meals are also provided in the building to those travellers or the general public.

Motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed at the building or place.

Multiple dwellings means two or more dwellings, whether or not attached, on one allotment of land, each with private open space at or near ground level, consisting of development commonly referred to as medium density residential development and includes development such as dual occupancies, villas, and townhouses but does not include residential flat buildings.

Offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would emit a polluting discharge (for example, noise) in a manner which would have a significant adverse impact on the locality or on existing or likely future development on other land in the locality, but does not include any form of development defined elsewhere in this Schedule.

Offensive storage establishment means any establishment where goods, material or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality) would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development of other land in the locality, but does not include any form of storage establishment or warehouse or distribution centre defined elsewhere in this Schedule.

Operational land has the same meaning as in the Local Government Act 1993.

Passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, and includes any facilities required for parking, manoeuvring, storage or routine servicing of any vehicle used to provide passenger transport services.

Place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, nightclub, open air theatre, drive-in theatre, music bowl or any other building used for a similar purpose, whether used for the purpose of gain or not, but does not include any other building defined in this Schedule.

Place of public worship means a building or place used for religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

Potential archaeological site means a site identified as such in the register maintained by the Council for the purpose, and includes a site known to the Council to have archaeological potential even if it is not so identified.

Preservation of a building or place means maintaining the fabric of the building or place in its existing state and retarding its deterioration.

Professional consulting rooms means a room or a number of rooms forming either the whole of or part of, or attached to, or within the curtilage of, a dwelling house and used by not more than three health care professionals, who practise their respective professions in those rooms and, if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.

Public building means a building used as offices or for administrative or other similar purposes by the Crown, a statutory body, a council or an organisation established for public purposes.

Qualified consultant means a person who is registered on the list of Victorian Contaminated Land Auditors or any other list accepted by the New South Wales Environment Protection Authority as capable of preparing a contamination assessment, remediation action plan, validation report or independent review.

Reconstruction means returning a building or place as nearly as possible to a known earlier state of the building or place and is distinguished by the introduction of materials (new or old) into the fabric of the building.

Recreation area means a children’s playground, or an area used for sporting activities or sporting facilities, or an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose, but does not include a racecourse, speedway or showground.

Recreation facility means a building or place used for indoor recreation, such as a table tennis centre, squash court, swimming pool, gymnasium, health studio or bowling alley, whether used for the purpose of gain or not, but does not include a place of public assembly or an amusement centre.

Refreshment room means a restaurant, café, tea room, eating house or the like.

Relic means any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the Auburn local government area, which is more than 50 years old.

Remedial action plan means a plan which sets remediation goals and documents the process to remediate the land, and must be prepared by an appropriately qualified consultant in accordance with standards published by the Environment Protection Authority and the Department of Urban Affairs and Planning.

Residential flat building means a building containing more than two suites of rooms constructed or adapted so as to be capable of being occupied or used as separate domiciles where one or more of the domiciles does not gain direct access to private open space at natural ground level and does not include any other building defined in this Schedule.

Restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises in exchange for payment.

Restoration of a building or place means returning the existing fabric of the building or place to a known earlier state of the building or place by removing accretions or by reassembling existing components without the introduction of new material.

Service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:

(a)  the hiring of trailers, or the retail selling or the installing of spare parts and accessories for motor vehicles,

(b)  the washing and greasing of motor vehicles,

(c)  the repairing and servicing of motor vehicles (other than repair or servicing involving body building, panel beating or spray painting),

(d)  the retail selling or hiring of small consumer goods.

Service support industry means a building or place used for the repair and maintenance of office and household goods that provides services for permissible uses within the relevant zone.

Serviced apartment means a self-contained dwelling (in a building containing three or more self-contained dwellings) which is cleaned or serviced by the owner or manager of the building (or the agent of the owner or manager), and which provides short-term accommodation for persons who have their principal place of residence elsewhere, but does not include any other building defined elsewhere in this Schedule.

Shop means a building or place used for the selling, whether by retail or auction, or for the hiring or for the display for the purpose of selling or hiring, of items (whether goods or materials) but does not include a building or place defined elsewhere in this Schedule.

Showroom means an area within a building that is used to demonstrate goods, or for the inspection of goods, that are either produced or stored on the premises for trade sales or for sale to retailers or wholesalers.

Site area of proposed development means the area of one or more lawfully created allotments to which an application for consent to carry out the development relates, but does not include any land on which the proposed development is not permitted by or under this plan or any other environmental planning instrument.

Site audit means an independent review of any or all stages of the site investigation process, conducted in accordance with the Contaminated Land Management Act 1997.

Site audit statement means a certificate issued by a site auditor stating for what use the land to which it relates is suitable.

Site auditor means a person accredited by the Environment Protection Authority under the Contaminated Land Management Act 1997 to conduct site audits.

Site identification sign means an advertisement which contains only:

(a)  a reference to the identity or a description of any person residing or carrying out an occupation at a place or premises, or

(b)  a reference to the identity or a description of a place or premises, or

(c)  particulars of any occupation carried on at a place or premises, or

(d)  such directions or cautions as are usual or necessary relating to a place or premises or any occupation carried on at the place or premises, or

(e)  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act, or

(f)  particulars relating to the goods, commodities or services dealt with or provided at a place or premises, or

(g)  a notice that a place or premises is or are for sale or letting together with particulars of the sale or letting, or

(h)  particulars of any activities held or to be held at a place or premises.

Staged development means development subject to a condition of development consent referred to in section 80 (5) of the Act.

State heritage significance, in relation to a place, building, work, relic, moveable object or precinct means significance to the State in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item.

The Act means the Environmental Planning and Assessment Act 1979.

The Council means Auburn Council.

The map means the series of maps marked “Auburn Local Environmental Plan 2000”, as amended by the maps (or specified sheets of the maps) marked as follows:

Auburn Local Environmental Plan 2000 (Amendment No 1)

Training facility means a building or site used for the purpose of training by businesses or operations that do not conduct their normal business from the site and where training is ancillary to the main function of the building or site.

Transitional group home means a dwelling:

(a)  used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

(b)  occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodgings being required,

but does not include a building to which State Environmental Planning Policy No 5—Housing for Older People or People with a Disability applies.

Utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by, or by authority of, any government department or under the authority of, or in pursuance of, any Commonwealth or State Act:

(a)  railway,

(b)  road transport,

(c)  water transport,

(d)  air transport,

(e)  wharf or river undertakings,

(f)  undertakings for the supply of water,

(g)  hydraulic power,

(h)  electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking is to be construed as including a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

Validation means the process of determining whether the objectives for remediation of land and any conditions of development consent have been achieved.

Validation report means a report that describes the validation of land prepared by an appropriately qualified consultant in accordance with standards published by the Environment Protection Authority and the Department of Urban Affairs and Planning.

Warehouse means a building or place used mainly for the storing or handling of goods or materials which have been produced or manufactured for sale elsewhere, but not for the retail sale of items to the public from the building or place, but does not include any form of storage establishment defined elsewhere in this Schedule.

sch 1: Am 21.12.2001.

Schedule 2 Heritage items and heritage groups

(Clause 39)

Heritage items

Note—

Item No refers to the inventory sheet number in the Auburn Heritage Study or supplementary item sheet number.

	Item No	Address	Suburb	Property description	Name
1	1–3–4–100	98 Adderley Street	Silverwater	Lot 1 DP 573689	Auburn North Public School and Ficus macrophylla, Moreton Bay Fig Tree
2	6–3–2–101	20 Amy Street	Regents Park	Lot 11 DP 12804	Commercial building
3	S–8–7	245 Auburn Road	Auburn	Lot 3 DP 362954	Dwelling
4	8–1–1–100L	Northeast corner of Auburn Road and Beatrice Street located in the grounds of Auburn Primary School	Auburn	Lots 20 & 21 DP 975486	Eucalyptus mollucana & Auburn Public School
5	8–2–4–105	Southwest corner, Alice Street and Normanby Road	Auburn	Lots 101 & 102 DP 850653	St Joseph’s Hospital (former Duncraggan Hall)
6	7–2–3–111A	Auburn Road at the Water Supply Mains	Regents Park		Auburn Road Bridge over water pipeline
7	6–2–4–103 (A)	Campbell Street	Berala	Lot 2 DP 803675	Berala Railway Station
8	8–5–4–102L	Chisholm Road	Auburn	Lot 1 DP 222366, Lot 12 Sec 8 DP 7097, Pt Lot 1 DP 938994, Lot 36 Sec 8 DP 7097, Pt Lots 1 & 2 DP 235351, Lots 26–29 DP 6713	Auburn Botanic Gardens
9	7–3–4–103	47 Harrow Road	Auburn	Lot 67 DP 849415	Auburn Fire Station (former)
10	9–2–4–102	37 Church Street	Lidcombe	Lot 1 DP 73883	Lidcombe Fire Station
11	9–2–2–104	Church Street (cnr John Street)	Lidcombe	Lot 1 DP 83241	Hotel Lidcombe
12	9–4–4–102	(Main entrance) at Church Street	Lidcombe	Park bounded by Olympic Drive, Boorea Street, Percy Street and Church Street	Wyatt Park, Haslems Creek, Lidcombe Pool, Lidcombe Oval, Stormwater Drain
13	7–3–4–101	Cnr Clarke Street, Harrow Road and Auburn Road	Berala	Lots 15–18 DP 6776, Lots 19–27 and 37–39 DP 6776, Lots 49–54 DP 6776, Lot 495 DP 729392, Lots 40–48 DP 6776	Berala Public School
14	7–2–3–100	258 Cumberland Road	Auburn	Lot 14 DP 19559	Dwelling
15	6–3–1–100A	Goods line adjacent to Dawes Avenue	Regents Park	Lot 2 DP 8276	Railway signal
16	1–3–2–101	79 Derby Street	Silverwater	Lot 1 DP 631335	Earnest Fleming Pty Ltd machinery merchants
17	9–2–3–116	59 East Street	Lidcombe	Lot 25 DP 6508	The Gables
18	4–2–2–100A	Bounded by East and Railway Streets	Rookwood		Rookwood Cemetery or Necropolis
19	8–5–4–101	Cnr Hargrave Road, Water Street and Norval Street	Auburn	Lot 5 Sec 4 DP 873, Lot 16 Sec 4 DP 873, Lot B DP 102993 & Lot X DP 102994	Arthur Stone Building within the Auburn Hospital
20	8–2–3–133	25 Harrow Road	Auburn	Lot 9 Sec 7 DP 982836	Victorian dwelling
21	8–3–4–106	14 Harrow Road	Auburn	Lots 23–25 Sec 6 DP 982836	Auburn Baptist Church
22	S–9–1	24 James Street	Auburn	Lot 1 DP 868904	Dwelling
23	7–3–4–102	Northeast corner Helena Street and Harrow Road	Auburn	Lots 24–27 Sec 11 DP 982836	Uniting Church Auburn Parish and adjacent Victory Hall
24	9–3–4–108A	Wellington Park, cnr James and Joseph Streets	Lidcombe	Wellington Park	Lidcombe War Memorial statue
25	9–3–4–102	Cnr John Street, Doodson Avenue and Mill Street	Lidcombe	Lot 1 DP 194776	Lidcombe Public School and Infants Department
26	9–2–4–105	11 John Street	Lidcombe	Lot 3 DP 233926	Lidcombe Police Station
27	9–3–4–107	John Street and 7 Mary Street	Lidcombe	Lot 1 DP 782402	St Joachims Catholic Church, Parish Hall and School
28	7–2–3–110A	South Boundary of LGA, Duck River to Joseph Street	Lidcombe		Water supply pipeline
29	5–2–4–101	Off Joseph Street	Lidcombe	Pt Portion 464	Minali Special School early twentieth century residence
30	9–3–2–101	49 Joseph Street	Lidcombe	Lots 1 & 2 DP 8225	Fenton House
31	9–2–4–101	27 Joseph Street	Lidcombe	Lot 1 DP 73883	Lidcombe Post Office
32	9–2–2–100	Southwest corner, Joseph Street and Railway Street (4 Joseph Street)	Lidcombe	Lot 28 DP 655869	Railway Hotel
33	9–2–3–117	53 Kerrs Parade	Lidcombe	Lots 9 & 10 Sec 5 DP 3424	Dwelling
34	8–3–3–111	3 Kihilla Street	Auburn	Lot A DP 313590	Dwelling
35	6–3–4–102L	Lidbury Street	Berala		Brush box street trees
36	8–3–4–103	Cnr Macquarie Road & Hall Street (48 Hall Street)	Auburn	Lots 28–30 Sec 11 DP 995	St Phillips Anglican Family Church
37	8–3–3–100	24 Mary Street	Auburn	Lot A DP 73573	Lea’s Temperance Hall (former)
38	8–3–3–101	8 Mary Street	Auburn	Lot 1 DP 441756	Dwelling
39	8–3–4–109A	Located in the RSL car park opposite the Auburn RSL, Northumberland Road	Auburn	Located on Lots 1–5 DP 995	Auburn War Memorial
40	S–8–2	31 North Parade	Auburn	Lot A DP 350976	Dwelling
41	9–5–4–101L	Olympic Drive	Lidcombe		Stand of Eucalyptus microcorys
42	9–3–1–100A	Olympic Drive at Church Street and the Main Suburban Line	Lidcombe		Railway overpass over Olympic Drive
43	6–3–4–101	Park Road	Regents Park	Lots 1 & 2 DP 789065, Lot 101 DP 1002946, Vol 9705 Folio 245	Regents Park Railway Station
44	3–1–1–102A	Parramatta Road at Haslems Creek	Lidcombe		Parramatta Road, road bridge over Haslems Creek
45	8–3–1–100A	Parramatta Road at Macquarie Road	Auburn		Pedestrian overhead footbridge
46	8–2–1–101A	Parramatta Road between Rawson Street, Duck River, Manchester Road and The Crescent	Auburn	Lot 4 DP 1007656, Lot 1 DP 833989, Lots 1, 2, 3, 5 & 6 DP 1007656, Lot 201 DP 1007683, Lot 2 DP 827674	Clyde Marshalling Yards (use archaeological)
47	1–4–2–101	93 Parramatta Road	Auburn	Lot 167 DP 610769	No 167 electricity substation
48	2–3–2–100A	Haslams Creek at Parramatta Road	Lidcombe	Near Parramatta Road overbridge	Canalisation of Haslems Creek south of Parramatta Road
49	2–1–1–100L	Corner of Parramatta Road and Hill Road	Auburn		Stand of Eucalyptus longifolia
50	8–3–1–101A	South side of Parramatta Road between Rawson Street and Duck River	Auburn		Parramatta milestone
51	8–3–1–103A	South side of Parramatta Road, east of Station Road, east of Delhi Street, east side of railway bridge abutments near Birnie Street	Auburn		Parramatta Road milestones
52	8–2–3–131	16 Queen Street	Auburn	Lot 4 Sec 16 DP 1389	Dwelling
53	8–3–4–101	54 Queen Street	Auburn	Lot 1 DP 195515	Auburn Ambulance Station
54	9–2–2–101	46–50 Railway Street	Lidcombe	Lots 6 & 7 DP 846	Royal Oak Hotel
55	9–3–1–101A	Railway Street, between Mark and East Streets south side of railway lines	Lidcombe		Lidcombe Signal Box
56	8–3–4–108	51 Rawson Street	Auburn	Lot 1 DP 978290 & Lot 1 DP 655963	Keighery Hotel
57	8–3–1–102A	Rawson Street, opposite Karrabah Road	Auburn	Located on Lot 1 DP 833989	Auburn Signal Box
58	6–4–4–101	64 Regent Street	Regents Park	Lots 1 & B DP 323658	St Peter Chanel School Hall Church and Rectory
59	1–1–1–100L	Silverwater	Silverwater		Lower Duck River Wetlands
60	1–2–3–118	24 Silverwater Road	Silverwater	Lot 1 DP 192501	Dwelling
61	8–2–4–108	South Parade	Auburn	Lot 1 DP 1006622	Auburn Railway Station
62	7–2–4–100L	Corner of St Johns Road and Park Road	Auburn	Lot 1 DP 828311	Grey Box Reserve
63	8–4–3–100	21 Yillowra Street	Auburn	Lot 1 DP 798097	Inter war dwelling
64	S–8–3	Cnr Water Street and Auburn Road	Auburn		Horse trough
65	S–8–4	4 Auburn Road	Auburn	Pt Lots 1, 2 & 3 Sec 19 DP 66358, Lot 1 DP 119916	Jack Lang Plaque
66	S–8–5	26–36 Northumberland Road	Auburn	Lots 1–5 DP 995	RSL Statue RSL carpark
67	S–8–6	Cnr Yarram & Boorea Street	Lidcombe		Clive E Evatt Commemorative Plaque

Heritage groups

Joseph Street (former Lidcombe Hospital Site Heritage Group)

Lidcombe

Lot 1 DP 830779, Pt 72 C2338–2030 and Lot 1 DP 598188

Aged Care Assessment and Medical Museum Physiotherapy Out Patients Occupational Therapy Speech Pathology Unit Salaries and Finance Section Dormitory Block/Convalescent Wards Work Assembly Unit/Occupational Therapy Rehabilitation Workshop Dormitory Block/Convalescent Wards Former Verminous Patients Bathroom, Toilet Block Sawing Room Former Ablution Facilities Orchid Society Rooms Dermatology Unit Diabetes Centre Medical Ward Ophthalmology CMLA Workshop Orchid Society Building Nurses Home Old Training School Chaplain Residence Boiler House with Chimney Stack Herdsman’s Cottage Recreation Hall Gatehouse Air Raid Shelter Clock Tower

Schedule 3 Development by public authorities

(Clause 58)

1 The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, or (b) the erection within the limits of a railway station of buildings for any purpose, but excluding: (c) the construction of new railways, railway stations and bridges over roads, and (d) the erection, reconstruction and alteration of buildings for purposes other than railway purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and (e) the formation or alteration of any means of access to a road, and (f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

2 The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings: (a) development of any description at or below the surface of the ground, or (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation, or (c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brick, or (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, or (e) the provision of public lighting, or (f) the erection of service reservoirs on land acquired or in process of being acquired for that purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or (g) any other development except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or (ii) the formation or alteration of any means of access to a road.

3 The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

4 The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf, or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except: (a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

5 The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, within the boundaries of any aerodrome, or any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant required for that purpose, except: (a) the erection of buildings and construction or alteration of buildings so as to materially affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

6 The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except: (a) the erection of buildings and the construction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

7 The carrying out by the owner or lessee of a mine (other than a mineral sand mine), on the mine, of any development required for the purposes of a mine, except: (a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

8 The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance, repair or operation of any road, except the widening or realignment of a road.

9 The carrying out, or causing to be carried out, by a council engaged in flood mitigation works or by the Water Administration Ministerial Corporation of any work for the purposes of soil conservation, irrigation, afforestation, reforestation, flood mitigation, water conservation or river improvements in pursuance of the provisions of the Water Act 1912 , the Irrigation Act 1912 , the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948 , except: (a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

Schedule 4 Classification and reclassification of public land as operational land

(Clause 57)

Part 1 Interests not changed

Part 2 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Auburn
29A Queen Street	Lot A, DP 409667, as shown edged heavy black on the map marked “Auburn Local Environmental Plan 2000 (Amendment No 2)”—Auburn Local Environmental Plan 2000 (Amendment No 2).	Nil.

sch 4: Subst 9.3.2001.

Schedule 5 Development control plan specifying exempt and complying development

(Clauses 9 (4), 11–13, 15, 16, 18–21, 26–28, 32 and 33)

Development control plan title	Date adopted
Auburn Development Control Plan 2000—Exempt and Complying Development Control Plan	1 March 2000

Schedule 6 Additional uses

(Clause 49)

Column 1	Column 2	Column 3
Land with street frontage to Mary Street Auburn between Harrow Road and Alice Street	medical centres
172 South Parade, Auburn	liquor store
Existing Recreation Hall within former Lidcombe Hospital Site (Lot 1 DP 876565)	places of assembly
Lidcombe RSL Club, Taylor Street, Lidcombe	club
Lots A & B, FP 300670 Norval Street, Auburn	medical uses
Lot C, DP 384900, Victoria Street, Lidcombe	auction room
Lot B, DP 394065 having frontage to Birnie Avenue and Bachell Avenue, Lidcombe	computer centre staff training centre
Lot 1, DP 220080, St Hilliers Road, Auburn	commercial premises

Schedule 7 Staged development

(Clause 64)

Part 1 Land to which this Schedule applies

This Schedule applies to the following parcels of land each of which is shown by distinctive colouring and edged black on the map:

(a)  Lidcombe Hospital Site,

(b)  Clyde Marshalling Yards,

(c)  Royal Australian Air Force (RAAF) Site.

Part 2 Staged development requirements

1  The following matters are to be taken into account in all staged development proposals:

(a)  details of all proposed stages of development,

(b)  distribution of land uses,

(c)  general building envelopes, building heights and built form requirements,

(d)  pedestrian, cycle and vehicular access, and circulation networks, including whether there is adequate provision for wheelchairs,

(e)  parking provision,

(f)  a heritage impact statement prepared by an appropriately qualified heritage adviser supported by evidence of consultation with the Heritage Office,

(g)  infrastructure needs and design principles,

(h)  guidelines for the location, maintenance, ownership and other requirements for open space and landscaping, and for access to open space,

(i)  ecologically sustainable development principles,

(j)  managing the total water cycle, including effluent and stormwater treatment and re-use,

(k)  passive and active energy conservation,

(l)  integration of land use and transport planning by satisfactory parking provision,

(m)  optimising public transport accessibility,

(n)  reducing greenhouse gas emissions,

(o)  implementing the waste management hierarchy specified in section 3 of the Waste Minimisation and Management Act 1995,

(p)  preventing or mitigating all adverse environmental impacts,

(q)  mitigating noise impacts from sources both internal and external to the site,

(r)  appropriate levels of access and amenity for existing uses on the site, including the issues of vehicular access, security, fencing and location of open space,

(s)  effective erosion and sedimentation controls,

(t)  requirements relating to remediation of land made by State Environmental Planning Policy No 55—Remediation of Land,

(u)  any other matters stipulated as general considerations by the Council.

2  The following additional matter is to be taken into account in the staged development of the Lidcombe Hospital Site:

whether appropriate levels of access and amenity for Ferguson Lodge will be provided, including adequate vehicular access, security fencing and well located open space.

3  The following additional matter is to be taken into account in the staged development of the Clyde Marshalling Yards site:

the desirability for a railway overbridge to provide a vehicular and pedestrian link between Manchester Road and Parramatta Road.