Sutherland Shire Local Environmental Plan 2000

Part 1 General provisions

1 What is this plan called?

This plan is called Sutherland Shire Local Environmental Plan 2000.

2 What are the objectives of this plan?

The objectives of this plan are:

(a)  to establish a broad planning framework for future development in Sutherland Shire which allows for detailed provisions and standards to be made in development control plans,

(b)  a sustainable Sutherland Shire through the efficient and equitable management of land uses,

(c)  to implement the objectives of the Strategic Plan for Sutherland Shire relating to land use outcomes,

(d)  to allow for provision of community facilities and land for public purposes,

(e)  an environmentally appropriate balance of development that is ecologically sustainable, socially equitable and economically viable and leads to a more sustainable outcome for Sutherland Shire,

(f)  to conserve items of environmental heritage,

(g)  to preserve or enhance the quality of life of the local community,

(h)  to preserve and enhance the quality of native vegetation,

(i)  to protect environmentally sensitive areas,

(j)  to provide employment opportunities in Sutherland Shire,

(k)  to encourage development which supports access by public transport, walking and cycling and which is energy efficient.

3 Where does this plan apply?

This plan applies to all land in Sutherland Shire as shown on the maps, except for land to which the following plans apply:

(a)  Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989), and

(b)  Sutherland Shire Local Environmental Plan—Menai Town Centre 1992, and

(c)  land at Sandy Point administered under the County of Cumberland Planning Scheme, being Sandy Point Suspension Area (notified in the Government Gazette No 58 of 2 April 1954).

4 How does this plan affect other environmental planning instruments?

(1)  All local environmental plans (including Sutherland Shire Local Environmental Plan 1993) that applied to the land to which this plan applies and that were in force immediately before the appointed day are repealed.

(2)  This plan amends State Environmental Planning Policy No 4—Development Without Consent, by inserting in alphabetical order of local government area in Schedule 2 the following words:

  

Land to which Sutherland Shire Local Environmental Plan 2000 applies

(3)  To permit extractive industries in the 7 (a) Environmental Protection (Waterways) Zone, Sydney Regional Environmental Plan No 9—Extractive Industry is amended by omitting from Division 5 of Schedule 1, the following matter:

  

The land at Port Hacking within Zone 7 (a) (the Environmental Protection (Waterways) Zone) under Sutherland Shire Local Environmental Plan 1993” and inserting instead the following matter:

  

The land in Port Hacking within the 7 (a) Environmental Protection (Waterways) zone under Sutherland Shire Local Environmental Plan 2000.

(4)  This plan amends Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) by inserting at the end of clause 3 the following subclause:

  

(2)  Despite subclause (1), this plan does not apply to the following land:

Land at Parraweena Road, Taren Point, adjoining Woolooware Bay, to which Sutherland Shire Local Environmental Plan 2000 applies.

5 Definitions

(1)  In this plan:

Accredited certifier has the same meaning as in the Environmental Planning and Assessment Act 1979.

Acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment and Management Guidelines.

Acid Sulfate Soils Assessment and Management Guidelines means the Acid Sulfate Soils Assessment and Management Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.

Acid Sulfate Soils Planning Maps means the series of maps marked “Sutherland Shire Local Environmental Plan 2000—Acid Sulfate Soils Planning Maps” kept in the office of the Council.

Advertising means the use of a building or place where the display of symbols, messages or other devices for promotional purposes is visible from a public place, whether or not the display involves the erection of a structure or the carrying out of a work.

Agriculture means:

(a)  cultivating fruit, vegetables or flower crops, or

(b)  keeping or breeding livestock, bees or poultry or other birds, or

(c)  cultivating plants in a wholesale plant nursery,

for business purposes.

Ancillary development means a building, work or use which is used or carried out in conjunction with the primary legal use of a site.

Animal establishment means a building or place used for breeding, boarding, training, keeping or caring for animals for business purposes, and includes a riding school, but does not include a veterinary hospital.

Aquaculture means the cultivation of the resources of the sea or estuarine waters for the propagation or rearing of marine, estuarine or freshwater fish or plants or other organisms.

Archaeological site means a site described in Schedule 1.

Arts and craft centre means a building or place owned by the Council which provides facilities for the cultural, intellectual, social and educational needs of the community and which may incorporate all or any of the following:

(a)  an art or craft gallery,

(b)  art or craft workshops and storage areas,

(c)  outdoor or indoor exhibition and performance space,

(d)  a museum,

(e)  an ancillary restaurant and a place for retail sales,

(f)  meeting and lecture rooms,

(g)  ancillary administration space,

(h)  a caretaker’s residence.

Backpackers accommodation means a building used for the purposes of providing accommodation for tourists, travellers or persons engaged in recreational pursuits and that:

(a)  may have shared facilities, such as a communal bathroom, kitchen or laundry, and

(b)  will generally provide shared accommodation in which there are two or more persons in a room, and

(c)  must only provide temporary accommodation.

Beach and foreshore protection works means works undertaken on land abutting a waterway between dry land and Indian Spring Low Water for the purpose of rehabilitation. They include construction or reconstruction of sea walls and works in accordance with an adopted plan of management by or on behalf of a public authority.

Boarding house means a building:

(a)  that is wholly or partly let in lodgings, and

(b)  that provides lodgers with a principal place of residence for 3 months or more, and

(c)  that generally has shared facilities, such as a communal bathroom, kitchen or laundry.

Brothel means any building or place used habitually for the purposes of prostitution.

Building line means the line which is parallel to the street frontage as specified in any development control plan that applies to the land concerned.

Bulky goods retailing means use of a building or place primarily for the sale by retail or auction, or the hire or display, of goods or materials which are individually so big, bulky or heavy as to require:

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

(b)  direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,

but does not include use of a building or place for the sale of foodstuffs or clothing.

Bus depot means a building or place used for servicing, repairing and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.

Bushfire hazard reduction means the reduction or modification (by burning, mechanical or manual means) of material that constitutes a bushfire hazard.

Bushfire interface area means an area identified as such on a bushfire hazard map held by the Council and includes improved or unimproved properties within or immediately adjacent to bushland.

Bushfire prone area means an area identified on a bushfire hazard map held by the Council as having a high or medium bushfire hazard and includes land within 100 metres of such an area.

Bushland vegetation means vegetation which is either a remnant of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

Business premises means a building or place used for the purpose of administrative, clerical, technical or like activities for an occupation, profession or trade, but (in a development control table) does not include a building or place elsewhere defined in this plan.

Car parking means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not, but does not include car parking ancillary to a permissible use.

Child care centre means a building or place used for the purpose of supervising or caring for children which:

(a)  caters for 6 or more under school age children, whether or not those children are related to the owner or operator of the building or place, and

(b)  may include an educational function, and

(c)  may operate for the purpose of gain,

but does not include a building or place providing residential care for those children.

Cluster housing means three or more dwellings grouped on a site to take advantage of good building areas or views and to conserve large areas of open space.

Community advertising means:

(a)  advertising of community events or community uses, or charity events, or

(b)  display of health or safety notices, or like notices, or

(c)  advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or

(d)  display of a notice by a public authority.

Community facility means a building or place owned or controlled by a public authority or a body of persons, and that provides for the physical, social, cultural or intellectual development, welfare or safety of the local community. It includes, but is not limited to, any of the following:

(a)  a police, ambulance or fire station,

(b)  a rescue or emergency service centre,

(c)  a public library,

(d)  rest rooms or meeting rooms,

(e)  a child minding centre,

(f)  a public health service centre.

Complying development has the same meaning as in the Environmental Planning and Assessment Act 1979.

Contaminated land means land in or under which any substance is present at a concentration above that naturally present in, on or under the land and that poses, or is likely to pose, an immediate or long-term risk to human health or the environment.

Convenience store means that portion of a building on a site, with a floor space not exceeding 100 square metres, that is used for the sale of groceries and other small items and is operated in conjunction with a service station, but does not include a building or place licensed to sell liquor under the Liquor Act 1982.

Demolish a heritage item means wholly or partly destroy, dismantle or move the heritage item.

Demolition means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.

Development consent has the same meaning as in the Environmental Planning and Assessment Act 1979.

Drainage means works carried out for the purpose of drainage which are not ancillary to development for which consent has been granted.

Dual occupancy housing means two dwellings on land that is one allotment or that was one allotment when development consent was granted for the two dwellings.

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 permanent residence.

Dwelling house means one dwelling on one allotment except where that dwelling forms a component of a dual occupancy housing development.

Educational establishment means a building used for educational purposes but does not include a building used wholly or principally as business premises, an institution or a child care centre. It includes, but is not limited to, a school, college, technical college, lecture hall, gallery or museum.

Exempt development has the same meaning as in the Environmental Planning and Assessment Act 1979.

Extractive industry means an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.

Extractive material means turf, sand, gravel, clay, soil, rock, stone or similar substances.

Floorspace ratio means the ratio of the gross floor area of all buildings on a site to the area of the site. The site is taken to be only that part of the site zoned to permit the development for which the buildings are or are proposed to be used.

Food shop means a building or place, the principal purpose of which is the preparation and selling of food and refreshments to people for consumption off the premises, whether or not the selling involves a drive-through service.

Generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

Gross floor area means the sum of the areas of each floor of the buildings on a site where the area of each floor is taken to be the area within the outer face of the external enclosing walls, excluding any of that area occupied by:

(a)  lift towers, motor rooms and stairwells within a basement or above the roof level, and

(b)  car parking needed to meet requirements of the Council, up to 20 square metres per required parking space, and

(c)  storage areas needed to meet requirements of the Council, and

(d)  plant rooms, garbage storage areas, switch rooms or the like within a basement.

Ground level is the ground surface of a site as it was prior to any cutting, filling or grading of the site.

Health care professional means a person who renders professional health services to members of the public and includes a legally qualified medical practitioner, a dentist within the meaning of the Dentists Act 1989, a chiropodist, a chiropractor, an osteopath, a physiotherapist, an optometrist, an acupuncturist, a psychologist, a herbalist, a homoeopath or the like.

Height is measured vertically from the ground level.

Heritage item means a building, work, tree or place described in Schedule 1 or 2.

Home activity means a business that is ancillary to a residential use and is carried out, or partially carried out, in a dwelling or within an allotment which contains a dwelling house or dwellings, but only if:

(a)  that use is undertaken by the permanent residents, and

(b)  not more than two non-residents are employed in it at any one time, and

(c)  the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parking or the emission of noise, vibration, smell or creation of some other nuisance,

but does not include a bed and breakfast establishment or a building or place elsewhere defined in this plan.

Hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982, which may provide accommodation.

Housing for older people or people with a disability has the same meaning as in State Environmental Planning Policy No 5—Housing for Older People or People with a Disability.

Industry means a building or place used for the manufacture, storage, repair, cleaning, maintenance, supply, hire or handling of any goods, materials, food or machinery, or for like or ancillary activities, but (in a development control table) does not include a building or place elsewhere defined in this plan.

Institution means a mental hospital or a penal or reformative establishment.

Internal allotment means an allotment within a residential zone where there is no practical lawful vehicular access to any existing or proposed building on the allotment, or where the only practical lawful vehicular access to any existing or proposed building on the allotment is by way of an access corridor (a hatchet shaped allotment) or a right-of-carriageway over another allotment.

Junk yard means land used for:

(a)  the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or

(b)  the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of such items.

Land includes any ground, soil or earth whatsoever, whether dry or under water.

Landscaped area means any part of the site of a building or a proposed building that contributes to achieving the objectives of the landscaped area development standards of this plan. The site is taken to be only that part of the site zoned to permit the development for which the building is or is proposed to be used.
Landscaped area includes any areas used for gardens, lawns, shrubs or trees, but does not include any part of the site occupied by buildings, driveways, service accessways, parking areas, communal drying yards, garbage storage areas, swimming pools, balconies or decks.

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

Main road means a road declared to be a main road under the Roads Act 1993.

Marina means an arrangement of pontoons, jetties or the like, used or intended to be used as a business to provide moorings for boats. It includes any associated:

(a)  slipways, or

(b)  facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, or

(c)  facilities for the storage or provision of food, or

(d)  ancillary office.

Medical facility means a building or place used for the medical or surgical treatment of persons, whether public or private, and must include facilities for overnight stay accommodation. It may consist of:

(a)  a hospital, or

(b)  a sanatorium, or

(c)  a health centre, or

(d)  a nursing home, or

(e)  a home for infirm persons, incurable persons or convalescent persons,

and includes any shop or dispensary used in conjunction with the facility, but does not include an institution or a building or place elsewhere defined in this plan.

Motel means a building or buildings used for temporary overnight accommodation, whether or not the building or buildings is or are also used in the provision of meals to travellers or the general public.

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

Nightclub means a building or place to which a nightclub licence relates under the Liquor Act 1982.

Offensive or hazardous industry means an industry which by reason of the processes involved, the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.

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

Place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of public worship, an institution or an educational establishment.

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

Plan of management means a plan of management as defined under the Local Government Act 1993.

Potential archaeological site means a site known to the Council to have archaeological potential.

Public utility undertaking means any of the following undertakings carried on in pursuance of any Commonwealth or State Act:

(a)  railway, road, water or air transport, telecommunications, wharf or river undertakings, and

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

Recreation area means:

(a)  an area of open space for passive recreation activities, or

(b)  a children’s playground, or

(c)  an area used for sporting activities or sporting facilities, or

(d)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i)  the Council, or

(ii)  a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

whether used for the purposes of gain or not, but does not include a racecourse or showground.

Recreation facility means a building or place used for indoor or outdoor recreation, and used for the purpose of gain. It may consist of or include a billiard saloon, a table tennis centre, squash courts, tennis courts, a swimming pool, a gymnasium, a health studio, a golf driving range, a bowling alley, a fun parlour or any other building of a like character used for recreation.

Registered club means a building or place used by persons associated, or by a body incorporated, 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.

Relic means any deposit, object or material evidence relating to:

(a)  the use or settlement of Sutherland Shire, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of Sutherland Shire either before or after its occupation by persons of European extraction, including human remains.

Repair centre means a building or place used in association with the operation of a waste recycling and management centre or waste depot and at which materials and goods can be retrieved, repaired or refurbished for re-use in the community.

Residential flat means a dwelling within a building containing three or more dwellings but does not include a townhouse or villa house.

Residential medical practice means a room or a number of rooms forming part of, attached to, or within the curtilage of a dwelling house used by not more than two health care professionals and where no more than two employees are employed, but does not include facilities for in-patient care (whether or not there is residential occupation of the dwelling house).

Restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises, but does not include a food shop or a nightclub.

Road means a roadway, whether made or unmade, for general public use, generally designed to accommodate the movement of vehicles and pedestrians, and may include bridges forming part of roads.

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

Rural industry means:

(a)  handling, treating, processing or packing of primary produce, or

(b)  regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a rural industry in the locality.

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

(a)  the sale by retail of spare parts and accessories for motor vehicles,

(b)  washing and greasing of motor vehicles,

(c)  installation of accessories,

(d)  repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),

(e)  convenience store.

Sex shop means a building primarily used for the purposes of business premises in which:

(a)  publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted.

Shop means a building or place used for the purpose of display, sale, hire, auction, processing of goods or materials, or like or ancillary activities, but (in a development control table) does not include a building or place elsewhere defined in this plan.

Site area is the area of an allotment zoned so as to allow proposed development and includes any area of a right-of-carriageway burdening the allotment, but does not include the area of any access corridor.

Standard allotment means an allotment within a residential zone where practical lawful vehicular access to any existing or proposed building on the allotment is not reliant on an access corridor (a hatchet shaped allotment) or a right-of-carriageway over another residential allotment.

Storey means:

(a)  the space between two floors, or

(b)  the space between any floor and its ceiling or roof above, or

(c)  foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.

A storey which exceeds 4.5 metres is considered as two storeys.

Subdivision has the same meaning as in the Environmental Planning and Assessment Act 1979.

Swimming enclosure means a place within a body of water which is enclosed by a fence or netting to provide a safe bathing area for public purposes only and does not include a swimming pool as defined under the Swimming Pools Act 1992.

Tennis court (private) means a tennis court used solely for the purpose of private recreational enjoyment and not used for competition or coaching.

The Council means the Council of Sutherland Shire.

The maps means the series of maps marked “Sutherland Shire Local Environmental Plan 2000” which are kept in the office of the Council of Sutherland Shire as amended from time to time by the maps so kept and listed in Schedule 7.

Tourist Information Centre means a building or place owned or controlled by the Council at which tourist-related services, facilities and information to the community are provided, but does not include a restaurant. It may include:

(a)  literature and booking services for tourist destinations and accommodation, and

(b)  retail sales of souvenirs, gifts and the like, and

(c)  ancillary administration space, and

(d)  public toilets or change facilities.

Townhouse means a two storey dwelling on a site containing three or more dwellings, where each dwelling has an individual entrance and there is open space for the exclusive use of the occupants of the dwelling.

Utility installation means a building or work used for a public utility undertaking, but does not include a building used wholly or principally for administration or as business premises, a showroom, workshop or depot.

Vehicle and mechanical repair premises means a building or place used for the purpose of carrying out repairs to motor vehicles or machinery, including watercraft, and engines.

Veterinary hospital means a building or place used for surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment or rehabilitation.

Villa house means a single storey dwelling on a site containing three or more dwellings, where each dwelling has an individual entrance and there is open space at ground level for the exclusive use of the occupants of the dwelling.

Warehouse means a building or place used for the storage of goods, merchandise or materials pending distribution.

Waste recycling and management centre means a building or place used for the recycling or recovery of resource materials, excluding sludge-like material, from waste materials that would otherwise be acceptable as landfill, and involves separating and sorting, processing (such as baling, crushing, shredding and composting) and sorting, transferring and the sale of recycled or recovered material, but does not involve re-manufacture, chemical manufacturing or incineration of the material.

Waterbody means:

(a)  a natural waterbody, including:

(i)  a lake or lagoon either naturally formed or artificially modified, or

(ii)  a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or

(iii)  tidal waters including any bay, estuary or inlet, or

(b)  an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently.

Watercraft facility means a pontoon, suspended ramp or walkway, jetty, mooring, wharf, slipway, watercraft landing and launching facility or the like, but does not include a marina.

(2)  References to maps in this plan are to maps as in force at the commencement of this plan, unless otherwise described.

(3)  Any notes in this plan are intended to help a reader to understand this plan but are not part of this plan.

cll 5: Am 15.7.2002.

6 What savings provisions apply?

(1)  Nothing in this Plan shall be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:

(a)  the carrying out of development of any description specified in Schedule 3 (Schedule of savings provisions), or

(b)  the use of existing buildings of the Crown by the Crown.

(2)  Despite clause 4 (1), local environmental plans (including Sutherland Shire Local Environmental Plan 1993) and deemed environmental planning instruments, as in force immediately before the commencement of this plan, apply to a development application that was made but had not been finally determined before that commencement as if this plan had been exhibited but had not been made.

7 Who is the consent authority for this plan?

For the purposes of this plan the Council is the consent authority for all development, subject to the Environmental Planning and Assessment Act 1979.

8 How does this plan affect covenants etc?

(1)  This clause does not apply to the 2 (a1), 2 (a2), 2 (b), 2 (c), 2 (e1) and 2 (e2) Residential zones.

(2)  If any agreement, covenant or other similar instrument prohibits development allowed by this plan, then it shall not apply to that development, to the extent necessary to allow that development.

(3)  In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclauses (1) and (2) before this plan was made.

9 What special provisions apply to the temporary use of land?

Regardless of any other provision of this plan, consent may be granted to the temporary use of land, other than for designated development, being carried out for a maximum period of 28 days, whether consecutive or non-consecutive, in any 12 month period.

10 What services are to be provided?

Consent must not be granted unless the consent authority is satisfied that any requirement made by Sydney Water Corporation Limited for the provision of water and sewerage services to the site of the proposed development will be met.

11 What general provisions apply to advertising?

Nothing in this plan prevents consent from being granted to advertising:

(a)  on any premises within any zone:

(i)  if the advertising only indicates the purpose for which the premises are or the site is used, and

(ii)  the Council is satisfied that the advertising will not interfere with the amenity of the area, or

(b)  on land in the 1 (a) Rural zone, if the advertising is directing the travelling public to tourist areas or tourist facilities, or

(c)  on any land to which this plan applies:

(i)  if the advertising forms part of a shelter or seat, or if the advertising is in accordance with any agreement entered into with the Council before the commencement of this plan, and

(ii)  if the Council is satisfied that the advertising will not interfere with the amenity of the locality.

cll 11: Am 15.7.2002.

12 Is development publicly exhibited?

(1)  The objective of this clause is to provide for public participation in the decision-making process related to development applications that potentially may affect other properties as well as the property proposed to be developed or are of general public interest.

(2)  Certain development applications will be publicly exhibited by the Council in accordance with any relevant development control plan.

(3)  This clause does not apply to an application for development consent to designated development.

13 How are trees and bushland vegetation preserved?

(1)  The objective of this clause is the preservation of valuable trees and bushland vegetation in Sutherland Shire.

(2)  Where it appears to the Council that it is expedient for the purpose of preserving or securing trees and bushland vegetation in order to ensure the integrity of the natural environment for both residents of and visitors to Sutherland Shire, it may make a tree and bushland vegetation preservation order.

(3)  A tree and bushland vegetation preservation order may prohibit the ringbarking, cutting down, topping, lopping, pruning, removing, injuring or wilful destruction of any bushland vegetation, tree or trees specified in the order except with development consent or the permission of the Council.

(4)  A tree and bushland vegetation preservation order made in accordance with this clause may apply to any tree or trees, or to any specified class, type or description of trees or to bushland vegetation described in the order.

(5)  A tree and bushland vegetation preservation order may exempt any tree or any specified class, type or description of trees or bushland vegetation upon land described in that order.

(6)  A tree and bushland vegetation preservation order, and an amendment or repeal of any such order, has effect only when it has been published in the Gazette and in a local newspaper.

(7)  A person must not contravene, or cause or permit the contravention of, a tree and bushland vegetation preservation order that is in force.

(8)  It is a sufficient defence to a prosecution for an offence under this clause if the accused establishes:

(a)  that the tree or bushland vegetation concerned was dying or dead or had become dangerous, or

(b)  that taking the action alleged to comprise the offence was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree or bushland vegetation was situated, or

(c)  that written notice about proposed action to remove trees or bushland vegetation that pose or poses a fire hazard was given to the Council, and the Council, before the action alleged to comprise the offence was taken, confirmed in writing:

(i)  that the tree or bushland vegetation concerned was in a fuel free zone within the meaning of the document entitled “Planning for Bush Fire Protection” published by the Department of Bush Fire Services, or

(ii)  that the tree or bushland vegetation concerned was of a species classified by the Council as being likely to present a significant fire hazard, or

(d)  that written notice about the proposed action alleged to comprise the offence was given to the Council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the Council did not advise the person during that period that it opposed the action being taken.

In this subclause, notice means a notice that includes the name and address of the person who gives it and that explains that a tree of a named species or bushland vegetation situated in a specified position on land described in the notice is intended to be ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed for the purpose of bush fire hazard reduction.

(9)  The provisions of a tree and bushland vegetation preservation order shall not apply to activities lawfully conducted in accordance with the Telecommunications Act 1992 of the Commonwealth, the Roads Act 1993, the Rural Fires Act 1997, the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979.

14 How are heritage items and relics protected?

(1)  The following development may be carried out only with development consent:

(a)  demolishing or damaging a heritage item,

(b)  altering a heritage item by making structural changes to its exterior,

(c)  altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior,

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

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

(f)  development, other than exempt development, on land abutting land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:

(i)  an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter “L” corresponding to the item), or

(ii)  an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter “A” corresponding to the item).

(2)  When determining a development application required by this clause, the consent authority:

(a)  must consider the effect of the development on the heritage significance of the heritage item and its setting, and

(b)  is to consider any conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting.

(3)  The consent authority must notify the Heritage Council if it intends to consent to the demolition of a heritage item that is of State or Regional significance (as indicated in Schedule 1 or 2) and consider any comments received from the Heritage Council within 28 days after the notice is sent.

(4)  This clause does not require consent for:

(a)  maintenance necessary for ongoing protective care, including bushfire hazard reduction,

(b)  internal alterations to residential buildings,

(c)  installation of skylights which would not be visible from the street or other public places,

(d)  demolition and erection of rear or side fences,

(e)  lopping or removal of any structures or trees for safety reasons,

(f)  removal of dead or dying trees, or

(g)  any other development if the Council considers the proposed development would not adversely affect the heritage significance of the heritage item concerned.

cl 14: Am 26.7.2002.

15 What incentives apply to heritage items?

Consent may be granted to development of a site of a heritage item which is a building, except a boatshed or other structure ancillary to a dwelling, regardless of any other provision of this plan, provided the consent authority is satisfied that:

(a)  the proposed development would not adversely affect the heritage significance of the heritage item, and

(b)  the proposed development would have little or no adverse effect on the amenity of the area, and

(c)  conservation of the item will be carried out to the consent authority’s satisfaction.

16 Development of known or potential archaeological sites

(1)  Consent may be granted to the carrying out of development on an archaeological site or potential archaeological site that has Aboriginal cultural heritage significance only if the consent authority:

(a)  has considered a heritage impact statement 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)  except where the development is integrated development, has notified the Director-General of National Parks and Wildlife of its intention to do so and taken into consideration any comments received from that Director-General within 28 days after the notice was sent.

(2)  Consent may be granted to the carrying out of development on any other archaeological site or potential archaeological site only if the consent authority:

(a)  has considered a heritage impact statement 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)  has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent.

17 What is exempt development?

(1)  Development of minimal environmental impact listed in Schedule 4 is exempt development, subject to subclauses (2) and (3).

(2)  Development is exempt development only if:

(a)  the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 4, and

(b)  the development is ancillary to an existing legal use of a property and will be contained wholly within the property, and

(c)  the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (“BCA”) and the standards currently prescribed in the Environmental Planning and Assessment Regulation 2000, and

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

(e)  the development does not result in removal, pruning or lopping of trees or bushland vegetation which would otherwise require consent or the permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and

(f)  the development does not result in a lesser landscape area or greater floorspace ratio than allowed by this plan, and

(g)  the development does 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

(h)  the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the “building over sewer” requirements of Sydney Water Corporation Limited applying to the land, and

(i)  if appropriate, any installation involved is carried out to the manufacturer’s specifications and requirements, and

(j)  the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and

(k)  the development does not result in the redirection of surface storm water or run off onto adjoining private property, and

(l)    (Repealed)

(m)  the development does not involve excavation beyond 600 millimetres below natural ground level, and

(n)  it does not involve handling, storing, or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment, and

(o)  it is located within a bushfire interface area or bushfire prone area and complies with the Council’s construction standards for buildings in these areas.

(3)  Development is not exempt development if it is carried out on land that:

(a)  is listed as, or contains an item listed as, a heritage item in this plan, or

(b)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(c)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(d)  is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or

(e)  is within the 7 (a) Environmental Protection (Waterways) zone, or

(f)  is within the 7 (b) Environmental Protection (Bushland) zone, or

(g)  is within the 7 (c) Environmental Protection (Water Catchment) zone, or

(h)  is within the 8 (a) National Parks, Nature Reserves and State Recreation Areas zone, or

(i)  is within 40m of a waterbody, as defined in this plan, where the development requires any excavation, or

(j)  is affected by a foreshore building line.

cl 17: Am 15.7.2002.

18 What is complying development?

(1)  Development listed in Schedule 5 is complying development, subject to subclauses (2) and (3).

(2)  Development is complying development only if:

(a)  the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 5, and

(b)  the proposed development does not involve a building or a site in or on which an existing use, as defined in section 106 of the Environmental Planning and Assessment Act 1979, is being carried out, and

(c)  it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that may apply to the land, and

(d)  it does not contravene any condition of a development consent applying to the land, and

(e)  the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (“BCA”) and the standards currently prescribed in the Environmental Planning and Assessment Regulation 2000, and

(f)  the development does not result in a landscape area less than or floorspace ratio greater than permitted by this plan, and

(g)  the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and

(h)  the development will not result in removal, pruning or lopping of trees or bushland vegetation which would require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and

(i)  the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the “building over sewer” requirements of Sydney Water Corporation Limited applying to the land, and

(j)  the development will not result in the redirection of surface storm water or run off onto adjoining private property.

(k)    (Repealed)

(3)  Development is not complying development if it is carried out on land that:

(a)  is identified by the Council as being:

(i)  within a bushfire interface area, or

(ii)  subject to flooding, tidal inundation, subsidence or land slip, or

(iii)  contaminated land, or

(b)  is listed as, or contains an item listed as, a heritage item in this plan or is on land that abuts a heritage item, or

(b1)  abuts land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:

(i)  an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter “L” corresponding to the item), or

(ii)  an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter “A” corresponding to the item),

(c)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(d)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(e)  is identified on any of the maps marked “Sutherland Shire Local Environmental Plan 2000—Acid Sulfate Soils Planning Maps” and the Council has not approved an Acid Sulfate Soils Management Plan for the proposed development, or

(f)  is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or

(g)  is within the 1 (a) Rural zone, or

(h)  is within the 1 (b) Rural (Future Urban) zone, or

(i)  is within the 6 (a) Public Recreation zone, or

(j)  is within the 7 (a) Environmental Protection (Waterways) zone, or

(k)  is within the 7 (b) Environmental Protection (Bushland) zone, or

(l)  is within the 7 (c) Environmental Protection (Water Catchment) zone, or

(m)  is within the 8 (a) National Parks, Nature Reserves and State Recreation Areas zone, or

(n)  has previously been used as a service station, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or

(o)  is affected by a foreshore building line, except in Sylvania Waters, or

(p)  is within 40m of a waterbody, as defined in this plan, where the development requires any excavation, or

(q)  is adjacent to an arterial road or arterial road reservation where the development proposes a new, or alters an existing, vehicular accessway to that road or reservation.

(4)  A complying development certificate issued for any such development is to be subject to the conditions for the development specified in any applying development control plan adopted by the Council, as in force when the certificate is issued.

cl 18: Am 15.7.2002; 26.7.2002.

19 What is a foreshore scenic protection area?

(1)  The objective of the foreshore scenic protection area is to limit the scale of development and protect the landscape and visual character of foreshore areas of Sutherland Shire.

(2)  A foreshore scenic protection area is shown on the maps by hatching. It applies to land within a number of zones next to Bate Bay, Port Hacking, the Georges River and Woronora River.

(3)  Buildings in a foreshore scenic protection area are required by the development control tables to have more landscaped area than buildings outside the area.

20 Foreshore building lines and waterfront development

(1)  The objectives of this clause are:

(a)  preservation and enhancement of the natural features and vegetation near where the land meets the water,

(b)  restoration of the land below the foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of man-made structures,

(c)  no buildings below the foreshore building line other than buildings excepted by this clause,

(d)  a significant reduction in the number of structures below the foreshore building line, particularly on redevelopment of a site,

(e)  conservation and enhancement of waterfront buildings of heritage value,

(f)  avoidance of adverse ecological effects on the waterways, and

(g)  public use of the intertidal areas below the mean high water mark or high water mark, where appropriate.

(2)  In this clause:

foreshore building line for an allotment means:

(a)  if the maps indicate by a black line that a foreshore building line applies to the allotment—the line across the allotment parallel to, and at the greater of the following distances from, the mean high water mark at 24 April 1980:

(i)  the distance specified on the maps, or

(ii)  7.5 metres from the mean high water mark for the time being, or

(b)  if the maps do not indicate by a black line that a foreshore building line applies to the allotment, and the allotment adjoins or is adjacent to the mean high water mark for the time being—the line across the allotment parallel to, and 7.5 metres from, the mean high water mark for the time being, or

(c)  regardless of paragraphs (a) and (b), if the allotment adjoins a waterfront reserve—the line across the allotment parallel to, and 7.5 metres from, the landward boundary of the waterfront reserve.

For the purposes of this definition, the mean high water mark at 24 April 1980 on any land is taken to be as shown on the last Deposited Plan or other plan which defined the mean high water mark and was registered by the Registrar-General on or before 24 April 1980. It is not affected by reclamation, works or other changes before or after that date. Establishing the foreshore building line for an allotment to which paragraph (a) or (b) applies will require reference to the mean high water mark at 24 April 1980 on adjoining or adjacent land in some cases.

(3)  A person must not erect a building or carry out a work on land between a foreshore building line and the tidal water in respect of which the line is fixed.

(4)  However, subclause (3) does not apply to:

(a)  boat sheds,

(b)  watercraft facilities,

(c)  in-ground swimming pools, no higher than 300 millimetres above ground level at any point,

(d)  works, including mechanical works, to enable pedestrian access,

(e)  landscaping and barbecues.

(5)  Development consent must not be granted to any development on an allotment of land affected by a foreshore building line, or to any development below the mean high water mark from time to time on an allotment or within the 7 (a) Environmental Protection (Waterways) zone adjoining the allotment, unless the consent authority is satisfied that the following buildings or works (if any) will be removed before, or within a reasonable time after, the development is carried out:

(a)  any building or work on the allotment between the foreshore building line and the mean high water mark or high water mark, in each case as shown on the latest registered Deposited Plan showing the allotment, not being a building or work specified in subclause (4), or

(b)  any building or work below the mean high water mark or high water mark, in each case as shown on the latest registered Deposited Plan showing the allotment, being a building or work on the allotment or on land adjacent to the allotment which is in the same ownership as the allotment or to which the owner or occupier of the allotment has some form of occupancy rights, but not being a building or work specified in subclause (4) (b).

(6)  However, subclause (5) does not apply to a building or work if the consent authority is satisfied that requiring removal of the building or work:

(a)  would be inconsistent with any of the objectives of this clause, or

(b)  is not necessary to achieve the objectives of this clause, or

(c)  is unreasonable or unnecessary in the circumstances of the case, having regard to the provisions of any relevant development control plan.

(7)  This clause does not apply to buildings or works on reclaimed land, or on land adjacent to reclaimed land, in Sylvania Waters.

(8)  To avoid doubt, State Environmental Planning Policy No 1—Development Standards applies to a requirement made by subclause (3) in the same way as it applies to a development standard.

21 What public land has been reclassified?

The public land described in Schedule 6 is reclassified as operational land for the purposes of the Local Government Act 1993.

22 Development on land identified on acid sulfate soils planning maps

(1)  A person must not, without development consent, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (3).

Class of land as shown on acid sulfate soils planning maps	Works
1	Any works
2	•  Works below the ground surface. •  Works by which the watertable is likely to be lowered.
3	•  Works beyond 1 metre below the ground surface. •  Works by which the watertable is likely to be lowered beyond 1 metre below the ground surface.
4	•  Works beyond 2 metres below the ground surface. •  Works by which the watertable is likely to be lowered beyond 2 metres below the ground surface.
5	•  Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land.

(2)  For the purposes of the Table to subclause (1), works includes:

(a)  any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works, or

(b)  any other works that are likely to lower the watertable.

(3)  This clause does not require development consent for the carrying out of works if:

(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and

(b)  the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(4)  Development consent required by this clause must not be granted unless the consent authority has considered:

(a)  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

(b)  the likelihood of the proposed development resulting in the discharge of acid water, and

(c)  any comments received from the Department of Land and Water Conservation within 21 days of the Council having sent that department a copy of the development application and of the related acid sulfate soils management plans.

(5)  This clause requires development consent for works to be carried out by the Council, or other public authorities, despite the provisions of clause 6.

23 Exceptions to this Plan (also refer to clause 65 and clause 69)

(1)  Regardless of the development control tables in this plan, consent may be granted to development for the purpose of any of the following:

(a)  a general store and restaurant on No 50 Pacific Crescent, Maianbar,

(b)  a motor showroom and ancillary uses on Nos 28 and 30 Tea Gardens Avenue and Nos 5 to 21 Waratah Street, Kirrawee,

(c)  outdoor markets on the Cronulla Sutherland Leagues Club site provided that they are confined to the area shown on the map marked “Map 1: Cronulla/Sutherland Leagues Club, Captain Cook Drive, Woolooware” in Schedule 7 to this Plan, operate only one day per week and cease to operate no later than on 31 December 2004,

(d)  a motor showroom on land shown on the map marked “Map 2: 101–119 Princes Highway, Sylvania” in Schedule 7 to this Plan,

(e)  car parking ancillary to the use of a motor showroom on land shown on the map marked “Map 4: Rear 101–107 Princes Highway, Sylvania” in Schedule 7 to this Plan,

(f)  a community facility or tourist information centre on land shown on the map marked “Map 6: RTA Depot—Old Princes Highway, Engadine” in Schedule 7 to this Plan,

(g)  a recreation facility, being a sailing club, shown on the map marked “Map 7: Burraneer Bay Sailing Club, Burraneer Bay” in Schedule 7 to this Plan,

(h)  a watercraft facility, beach or foreshore protection work, marina or swimming enclosure on any land within 10 metres of any adjoining land within the 7 (a) Environmental Protection (Waterways) zone,

(i)  light rail or public transport infrastructure on any land to which this plan applies.

(j)  a motor showroom with an area set aside exclusively for customer parking, no pedestrian or vehicular access or egress to Kumbardang Avenue and incorporating acceleration and deceleration lanes to and from all egress and access to The Boulevarde, on land shown on map “Map 9: 220–234 The Boulevarde, Nos 1–3 Kiora Road and Nos 1–5 Kumbardang Avenue, Miranda” in Schedule 7 to this Plan.

(2)  Regardless of the development control table in this plan, the following land may be used for helicopter landings and take-offs associated with emergency situations or, only with development consent, on not more than ten other occasions per year:

(a)  Sutherland Oval, The Grand Parade, Sutherland,

(b)  Waratah Park, Sutherland,

(c)  Heathcote Oval, East Heathcote,

(d)  “Old Tip site” Illawarra Road, Menai.

cl 23: Am 16.3.2001.

24 What zones apply to land?

The following zones apply as identified on the maps:

1 (a)  Rural

1 (b)  Rural (Future Urban)

2 (a1)  Residential

2 (a2)  Residential

2 (b)  Residential

2 (c)  Residential

2 (e1)  Residential

2 (e2)  Residential

3 (a)  General Business

3 (b)  Neighbourhood Business

4 (a)  General Industrial

5 (a)  Special Uses

5 (b)  Special Uses (Railways)

5 (c)  Special Uses (Arterial Road)

5 (d)  Special Uses (Future Arterial Road)

5 (e)  Special Uses (Proposed Road)

5 (f)  Special Uses (Waste Recycling)

5 (g)  Special Uses (General Road)

6 (a)  Public Recreation

6 (b)  Private Recreation

6 (c)  Regional Recreation

6 (d)  Future Recreation

7 (a)  Environmental Protection (Waterways)

7 (b)  Environmental Protection (Bushland)

7 (c)  Environmental Protection (Water Catchment)

8 (a)  National Parks, Nature Reserves and State Recreation Areas

9 (a)  Mixed Residential/Business

Part 2 Rural zones

25 What rural zones apply?

This Part applies to land within the following rural zones identified on the maps:

1 (a)  Rural

1 (b)  Rural (Future Urban)

26 What controls apply to dwelling houses in the 1 (a) Rural zone?

(1)  A dwelling house may be erected in the 1 (a) Rural zone only with development consent, and only if the dwelling house is:

(a)  on 2 hectares or more of land, and

(b)  used in conjunction with agriculture, an animal establishment or rural industry.

(2)  Existing dwelling houses in the Rural 1 (a) zone may be enlarged or altered with development consent.

(3)  Any dwelling house erected or enlarged in the Rural 1 (a) zone must comply with the following:

(a)  height must not exceed 7.2 metres to any point on the uppermost ceiling and 9 metres to the highest point on the roof, and

(b)  gross floor area must not increase by more than 30m² or 10% of the existing gross floor area, whichever is the lesser, or exceed a maximum floorspace of 300m² (inclusive of any ancillary buildings).

27 Acquisition of land zoned 1 (a) Rural

The owner of any allotment in the 1 (a) Rural zone, which has a frontage to Woronora River (as identified on the maps), may request the Minister administering the Environmental Planning and Assessment Act 1979 to acquire the land. On receipt of the request, the Corporation under the Act shall acquire the land.

28 What development is allowed in each zone?

The following development control tables give the objectives of the rural zones and what development is allowed or is prohibited in each zone.

Development control table

Zone 1 (a)   Rural

1 Objective of the zone

The provision of land suitable for a range of rural-oriented activities or uses less suited to an urban environment.

2 Development allowed without development consent

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

agriculture (involving land clearing, earthworks or the erection of buildings or structures),

animal establishments,

drainage,

dwelling houses,

recreation areas,

roads,

rural industries,

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 1 (b)   Rural (Future Urban)

1 Objective of the zone

The maintenance of land in an undeveloped state until appropriate assessments are made of the sustainability of the land for urban development.

2 Development allowed without development consent

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

drainage,

recreation areas,

roads,

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Part 3 Residential zones

29 What residential zones apply?

This Part applies to land within the following residential zones identified on the maps:

2 (a1)  Residential

2 (a2)  Residential

2 (b)  Residential

2 (c)  Residential

2 (e1)  Residential

2 (e2)  Residential

30 Special considerations in the residential zones

When assessing the impact of residential land uses proposed in the residential zones by development applications and whether those uses satisfy the objectives of the zone concerned, the consent authority must take into consideration the following matters and must not grant consent unless it is satisfied that those matters have been adequately addressed by relevant documentation submitted to it:

(a)  the impact that the proposed development may have on adjoining development, buildings and open space from loss of sunlight, views and privacy,

(b)  the effect of the proposed development on the quality of the streetscape,

(c)  the cumulative impact of successive development on the general character of the neighbourhood,

(d)  the impact of the proposed development on adjoining properties in terms of size, bulk, height and amount of landscaped area,

(e)  the retention and enhancement of existing vegetation,

(f)  any adverse impact on the natural and built environment,

(g)  the location of the proposed development in relation to potential risks, including flooding, bush fire and other hazards,

(h)  the impact that the proposed development may have on any public area or waterbody from loss of sunlight, views and visual amenity.

31 Special considerations for non-residential uses in residential zones

When assessing the impact of non-residential land uses proposed in the residential zones by development applications, the consent authority must consider whether the proposal adequately addresses the following:

(a)  the amount of traffic that will be generated by the proposed development and whether or not there will be a significant change to the traffic volumes currently experienced within the locality as a result of the development that would affect the amenity of the area, and

(b)  the potential of the proposed development to cause a level and kind of noise above and different from the normal background noise of the area, particularly noise resulting from any night time activities generated by the development, and

(c)  the necessity that the proposed use does not detract from the economic viability of any existing neighbourhood or commercial centre.

cll 31: Am 15.7.2002.

32 Bushland vegetation considerations

Consent must not be granted to residential development unless the consent authority is satisfied that the proposed development will not have a significant adverse effect on:

(a)  the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna, or

(b)  the protection of wildlife corridors and vegetation links with other nearby bushland vegetation, or

(c)  the protection of bushland vegetation as a natural stabiliser of the soil surface and the protection of existing landforms such as natural drainage lines, water courses and foreshores, or

(d)  the protection of bushland vegetation of scenic value and the retention of the unique visual identity of the landscape.

cll 32: Am 15.7.2002.

33 What development is allowed in each zone?

The following development control tables give the objectives of the residential zones and what development is allowed or is prohibited in each zone.

Development control table

Zone 2 (a1)   Residential

1 Objective of the zone

A residential environment:

(a)  where the scale, amenity and general character of the area is preserved, and

(b)  where the streetscape is characterised by detached 1 and 2 storey residential buildings, and

(c)  where the predominantly single dwelling house character of a neighbourhood is not diminished by the cumulative impact of successive dual occupancy, town house or villa house developments, and

(d)  where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

child care centres,

community facilities,

dual occupancy housing, except on internal allotments,

dwelling houses,

educational establishments,

housing for older people or people with a disability,

medical facilities,

places of public worship,

recreation areas,

residential medical practice,

roads,

tennis courts (private),

townhouses, except on internal allotments,

utility installations, other than gas holders or generating works,

villa houses, except on internal allotments.

Demolition not included in item 2.

Development below the foreshore building line allowed by clause 20.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 2 (a2)   Residential

1 Objective of the zone

A lower density residential environment than the 2 (a1) Residential zone, in an environmentally and visually sensitive location:

(a)  where the scale, amenity and sensitive environmental character of the area is preserved, and

(b)  where the streetscape is characterised by detached 1 and 2 storey residential buildings within a landscape setting, and

(c)  where the predominantly single dwelling house character of a neighbourhood is not diminished by the cumulative impact of successive dual occupancy, townhouse or villa house developments, and

(d)  where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

child care centres,

community facilities,

dual occupancy housing, except on internal allotments,

dwelling houses,

educational establishments,

housing for older people or people with a disability,

medical facilities,

places of public worship,

recreation areas,

residential medical practice,

roads,

tennis courts (private),

townhouses, except on internal allotments,

utility installations, other than gas holders or generating works,

villa houses, except on internal allotments.

Demolition not included in item 2.

Development below the foreshore building line allowed by clause 20.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 2 (b)   Residential

1 Objective of the zone

A medium density residential environment:

(a)  that provides a graduation between high and low density residential areas, and

(b)  with co-ordinated, efficient and economical development of villas and townhouses to ensure high quality design outcomes, and

(c)  where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

backpackers accommodation,

boarding houses,

child care centres,

community facilities,

dual occupancy housing, except on internal allotments,

dwelling houses,

educational establishments,

housing for older people or people with a disability,

medical facilities,

places of public worship,

recreation areas,

residential medical practice,

roads,

tennis courts (private),

townhouses, except on internal allotments,

utility installations, other than gas holders or generating works,

villa houses, except on internal allotments.

Demolition not included in item 2.

Development below the foreshore building line allowed by clause 20.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 2 (c)   Residential

1 Objective of the zone

A high density residential environment:

(a)  in close proximity to the major shopping centres and railway stations, and

(b)  with co-ordinated, efficient and economical development of residential flat buildings of high quality design, and

(c)  where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

backpackers accommodation,

boarding houses,

child care centres,

community facilities,

educational establishments,

housing for older people or people with a disability,

medical facilities,

places of public worship,

recreation areas,

residential flats,

residential medical practice,

roads,

tennis courts (private),

townhouses,

utility installations, other than gas holders or generating works,

villa houses.

Demolition not included in item 2.

Development below the foreshore building line allowed by clause 20.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 2 (e1)   Residential

1 Objective of the zone

A residential environment in an environmentally and visually sensitive locality:

(a)  where the scale, amenity and general character of the area is preserved, and

(b)  where the streetscape and views to the land from the waterways are characterised by 1 and 2 storey detached residential buildings, and

(c)  which is protected from visually intrusive development, especially where buildings or works may be viewed from the waterway or on sites which contain significant vegetation or natural features which should be preserved, and

(d)  where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity, and

(e)  where the natural environment is protected from development that would harm the foreshore, escarpment and habitats in the vicinity of waterways.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

child care centres,

cluster housing,

community facilities,

dual occupancy housing, except on internal allotments,

dwelling houses,

educational establishments,

medical facilities,

places of public worship,

recreation areas,

residential medical practice,

roads,

tennis courts (private),

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Development below the foreshore building line allowed by clause 20.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 2 (e2)   Residential

1 Objective of the zone

A residential environment at a lower density than the Residential 2 (e1) zone in an environmentally and visually sensitive locality:

(a)  where the scale, amenity and sensitive environmental character of the area is preserved, and

(b)  where the streetscape and views to the land from the waterways are characterised by 1 and 2 storey detached residential buildings within a landscape setting, and

(c)  which is protected from visually intrusive development, especially where buildings or works are within view of any waterway or on sites which contain significant vegetation or natural features that should be preserved, and

(d)  where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity, and

(e)  where the natural environment is protected from development that would harm the foreshore, escarpment and habitats in the vicinity of waterways.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

child care centres,

cluster housing,

community facilities,

dual occupancy housing, except on internal allotments,

dwelling houses,

educational establishments,

medical facilities,

places of public worship,

recreation areas,

residential medical practice,

roads,

tennis courts (private),

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Development below the foreshore building line allowed by clause 20.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

cll 33: Am 15.7.2002.

34 What height limits apply in residential zones?

(1)  The objectives of the height limits are to:

(a)  achieve consistency in the scale of buildings within each zone, and

(b)  minimise adverse impacts from development on adjoining or nearby properties due to loss of privacy and views, and overshadowing, and

(c)  relate the building form to the topography of the site, and

(d)  ensure all buildings in a residential zone, other than the 2 (c) Residential zone, maintain a maximum 2 storey appearance.

(2)  The height limits are:

(a)  Except for buildings in the 2 (c) Residential zone, villa houses and housing for older people or people with a disability, a building must not exceed a height of:

(i)  7.2 metres to any point on the uppermost ceiling, and

(ii)  9 metres to the highest point of the roof.

(b)  Before granting consent for development within the 2 (c) Residential zone, the consent authority must consider any height limit specified in any development control plan applying to land.

(c)  Villa houses must be 1 storey only and must not exceed 5.4 metres to the highest point of the roof.

(d)  The height limits for housing for older people or people with a disability are as specified in State Environmental Planning Policy No 5—Housing for Older People or People with a Disability.

(e)  Basement carparking must not exceed 1.5 metres above ground level to the top of the slab.

35 What floorspace ratios apply in residential zones?

(1)  The objectives of the floorspace ratio requirements are:

(a)  to provide a degree of consistency for existing residents as to the size and bulk of potential buildings in their neighbourhood, and

(b)  to allow buildings of sufficient scale to satisfy the needs of residents while preventing development of sites beyond community expectations and the environmental capacity of the zone.

(2)  The maximum floorspace ratio for buildings in a residential zone is as indicated in the following Table:

Table

Residential Zone	Maximum floorspace ratio or gross floor area
2 (a1) Residential	0.45:1
2 (a2) Residential	0.4:1
2 (b) Residential	0.45:1 for dwelling houses and dual occupancy housing 0.7:1 for other buildings
2 (c) Residential	Except where a floorspace ratio is specified in a development control plan, the maximum floorspace ratio is 1:1. The consent authority must consider floor space ratios specified in any development control plan applying to the land.
2 (e1) Residential	0.4:1, except as provided below: If the area of an existing allotment is less than the minimum allotment size that clause 37 requires for new allotments in this zone, then the maximum gross floor area for a dwelling house on the allotment is the lesser of: (a)  the maximum gross floor area that a floorspace ratio of 0.4:1 would allow on a minimum sized allotment, and (b)  the maximum gross floor area allowed on the actual allotment by a floorspace ratio of 0.45:1.
2 (e2) Residential	0.4:1, except as provided below: If the area of an existing allotment is less than the minimum allotment size that clause 37 requires for new allotments in this zone, then the maximum gross floor area for a dwelling house on the allotment is the lesser of: (a)  the maximum gross floor area that a floorspace ratio of 0.4:1 would allow on a minimum sized allotment, and (b)  the maximum gross floor area allowed on the actual allotment by a floorspace ratio of 0.45:1.

36 What minimum landscaped area requirements apply in residential zones?

(1)  The objectives of the landscaped area requirements are:

(a)  to ensure opportunities for tree retention and tree planting to preserve and enhance the tree canopy of Sutherland Shire, and

(b)  to ensure that unbuilt upon areas balance the built form, and

(c)  to contain urban runoff flows by minimising the impervious areas on residential development sites.

(2)  The minimum landscaped area for an allotment in a residential zone is as indicated in the following Table:

Table

Zone	Minimum landscaped area required as percentage of allotment (FSPA means foreshore scenic protection area)
2 (a1) Residential	45% (or 50% when in FSPA)
2 (a2) Residential	50% (or 55% when in FSPA)
2 (b) Residential	45% (or 50% when in FSPA) for dwelling houses and dual occupancy housing, and 40% (or 45% when in FSPA) for other development
2 (c) Residential	65%
2 (e1) Residential	50% (for allotments burdened by a right-of-carriageway, 25% of the area of the right-of-carriageway may be included as landscaped area)
2 (e2) Residential	55% (for allotments burdened by a right-of-carriageway, 25% of the area of the right-of-carriageway may be included as landscaped area)

(3)  If development is carried out on an allotment for the purpose of villa houses only, the minimum landscaped area required is reduced by 5% where all other relevant development standards in this plan are complied with on the allotment.

37 What minimum allotment sizes apply in residential zones?

(1)  The objectives of the minimum allotment size requirements are:

(a)  to achieve efficient use of residential land, having regard to the existing allotment sizes across each zone, the expectations of the community and the environmental capacity of the various zones, and

(b)  within the 2 (b) Residential and 2 (c) Residential zones, to reduce the instances of isolated parcels being left with reduced development potential, and

(c)  to complement the floorspace ratio requirements to ensure an appropriate number of dwellings per site having regard to the characteristics of the zone.

(2)  The minimum size for an allotment in a residential zone is indicated in the following Table:

Table

Residential zone	Minimum allotment sizes
2 (a1) Residential	For creation of new allotments: Standard allotment—550sqm, Internal allotment—700sqm,      except as provided below: 600sqm for the site of 2 dwellings, 1200sqm for the site of 3 or more dwellings.
2 (a2) Residential	For creation of new allotments: Standard allotment—850sqm, Internal allotment—1000sqm,      except as provided below: 850sqm for the site of 2 dwellings, 1200sqm for the site of 3 or more dwellings.
2 (b) Residential	For creation of new allotments: Standard allotment—550sqm, Internal allotment—700sqm,      except as provided below: 600 sqm for the site of 2 dwellings,      For townhouse or villa house development, except where a development control plan specifies a minimum amalgamation of parcels or minimum allotment size for townhouse or villa development, the minimum allotment size is 1200 sqm. The consent authority must consider any minimum amalgamation of parcels or minimum allotment size specified in any development control plan applying to the land.
2 (c) Residential	For residential flat building development, except where a development control plan specifies a minimum amalgamation of parcels or minimum allotment size for residential flat development, the minimum allotment size is 1800 sqm. The consent authority must consider any minimum amalgamation of parcels or minimum allotment size specified in any development control plan applying to the land.
2 (e1) Residential	For creation of new allotments: Standard allotment—550sqm, Internal allotment—700sqm,      except as provided below: 600sqm for the site of 2 dwellings, 2100sqm for the site of 3 or more dwellings, with the overall density not to exceed 1 dwelling per 550sqm of site area for a standard allotment and the overall density not to exceed 1 dwelling per 700sqm of site area for an internal allotment.
2 (e2) Residential	For creation of new allotments: Standard allotment—850sqm, Internal allotment—1000sqm,      except as provided below: 900sqm for the site of 2 dwellings, 3000sqm for the site of 3 or more dwellings, with the overall density not to exceed 1 dwelling per 850sqm of site area for a standard allotment and the overall density not to exceed 1 dwelling per 1000sqm of site area for an internal allotment.

(3)  The area of an access corridor is not to be included when the size of an internal allotment is calculated.

(4)  No minimum allotment size requirement applies in the case of the erection of a single dwelling house on an existing allotment or to the strata subdivision of land.

38 What minimum allotment dimensions apply in residential zones?

(1)  The objectives of the allotment dimension requirements are:

(a)  to require sufficient allotment widths and depth to enable some variations in design for development, and

(b)  to ensure sites have adequate widths and depth for the arrangement of sufficient side boundary setbacks, efficient driveways, sufficient landscaped areas and satisfactory building form that takes into account the uses made of adjoining properties.

(2)  The minimum allotment width dimensions are as indicated in the following Table:

Table

Zone	Minimum allotment width
2 (a1) Residential	15m for creation of a new allotment, except as provided below: 25m for the site of 3 or more dwellings
2 (a2) Residential	18m for creation of a new allotment, except as provided below: 25m for the site of 3 or more dwellings
2 (b) Residential	For townhouse or villa house development, except where a development control plan specifies an amalgamation of parcels, the minimum allotment width is 25m.
2 (c) Residential	For residential flat building development, except where a development control plan specifies an amalgamation of parcels, the minimum allotment width is 30m.
2 (e1) Residential	15m for creation of a new allotment, except as provided below: 25m for the site of 3 or more dwellings
2 (e2) Residential	18m for creation of a new allotment, except as provided below: 25m for the site of 3 or more dwellings

(3)  A minimum allotment depth of 27m applies for the creation of a new allotment in all residential zones, except for the creation of an allotment by strata subdivision of land.

(4)  No minimum allotment width or depth requirement applies for the site of a single dwelling house or dual occupancy development if it is an existing allotment.

(5)  For townhouse, villa house or residential flat development, the consent authority must consider any provisions relating to the amalgamation of parcels specified in any development control plan applying to the land.

39 Residential flat buildings not complying with minimum allotment size requirements

If development for the purpose of a residential flat building is proposed in the 2 (c) Residential zone on a site that is less than the minimum allotment size required by this plan, development consent must not be granted for the development unless the development complies with the following:

(a)  the maximum floorspace ratio is (site area in square metres × 0.0005) + 0.1:1 (but is not greater than 1:1 and not less than 0.7:1), and

(b)  the site has a minimum landscaped area of 65%.

40 Subdivision of dual occupancy housing

(1)  Development consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings comprising dual occupancy housing.

(2)  This clause does not apply to dual occupancy housing created in accordance with a consent granted before, on or after 1 September 1995 if:

(a)  the application for consent was made before 19 May 1995 and each allotment in the subdivision has an area of at least the minimum area applying at the date of the application for consent, or

(b)  the application for consent was made on or after 19 May 1995 but before 1 September 1995 and each allotment in the subdivision has an area of at least 450sqm.

(3)  This clause does not apply to the strata subdivision of dual occupancy housing created in accordance with a granted development consent where the application for that consent was made on or before 28 February 2000.

(4)  An allotment of land created by a subdivision in accordance with this clause or a building erected on such an allotment may not be further subdivided.

41 Can development within a residential zone be limited?

Regardless of the development control tables in this plan, a development control plan relating to land within a residential zone may recommend restrictions on specific types of development otherwise permitted on the land.

Part 4 Business zones

42 What business zones apply in this plan?

This Part applies to land within the following business zones identified on the maps:

3 (a)  General Business

3 (b)  Neighbourhood Business

43 What height limits apply in business zones?

(1)  Except where a maximum height is specified in a development control plan, the maximum height for a building in a business zone is:

(a)  7.2 metres to any point on the uppermost ceiling, and

(b)  9 metres to the highest point on the roof.

(2)  The consent authority must consider any maximum height specified in any development control plan applying to the land.

44 What floorspace ratios apply in business zones?

(1)  Except where a maximum floorspace ratio is specified in a development control plan, the maximum floorspace ratio for buildings in a business zone is:

(a)  2:1 in the 3 (a) General Business zone, and

(b)  1:1 in the 3 (b) Neighbourhood Business zone.

(2)  The consent authority must consider any maximum floorspace ratio specified in any development control plan applying to the land.

45 What controls apply to residential development in the business zones?

(1)  Except where a development control plan specifies a maximum amount of residential floor space for a site area, the residential floorspace of any buildings on a site area must not exceed 50% of the total gross floor area of the buildings on that site area.

(2)  The consent authority must consider any maximum amount of residential floor space specified in any development control plan applying to the land.

46 Can development within a business zone be limited?

Regardless of the development control tables in this plan a development control plan relating to land within a business zone may recommend restrictions on specific types of development otherwise permitted on the land.

47 What development may be allowed in each zone?

The following development control tables give the objectives of the business zones and what development is allowed or prohibited in each zone.

Development control table

Zone 3 (a)   General Business

1 Objectives of the zone

(a)  Appropriately located land for the provision of a wide range of retail, business and professional activities.

(b)  Business centres with integrated public transport and pedestrian networks.

(c)  Viable business centres supported by appropriate forms of residential development.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

advertising not included in item 2,

backpackers accommodation,

boarding houses,

bulky goods retailing,

business premises,

car parking,

child care centres,

community facilities,

convenience stores,

dwellings only in buildings subject to another permitted use,

educational establishments,

food shops,

hotels,

housing for older people or people with a disability, only in buildings subject to another permitted use

medical facilities,

motels,

motor showrooms,

nightclubs,

passenger transport terminals,

places of assembly,

places of public worship,

public transport interchanges or associated structures,

recreation areas,

recreation facilities,

registered clubs,

residential flats, only in buildings subject to another permitted use,

restaurants,

roads,

service stations,

sex shops,

shops,

utility installations, other than gas holders or generating works,

veterinary hospitals.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 3 (b)   Neighbourhood Business

1 Objectives of the zone

(a)  Appropriately located land for the provision of small scale retail and business activities that principally aim to serve the day to day needs of the surrounding local community.

(b)  Business centres with integrated public transport and pedestrian networks.

(c)  Viable neighbourhood centres supported by appropriate forms of residential development.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

advertising not included in item 2,

backpackers accommodation,

boarding houses,

business premises,

child care centres,

community facilities,

convenience stores,

dwellings only in buildings subject to another permitted use,

food shops,

housing for older people or people with a disability, only in buildings subject to another permitted use,

places of assembly,

places of public worship,

recreation areas,

recreation facilities,

residential flats, only in buildings subject to another permitted use,

restaurants,

roads,

service stations,

shops,

utility installations, other than gas holders or generating works,

veterinary hospitals.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

cll 47: Am 15.7.2002.

Part 5 Industrial zones

48 What industrial zone applies in this plan?

This Part applies to land within the following industrial zone identified on the maps:

4 (a)  General Industrial

49 What height limits apply in the industrial zone?

(1)  Except where a maximum height is specified in a development control plan, the maximum height for a building in the industrial zone is 12 metres from ground level to the highest point of the roof.

(2)  The consent authority must consider any maximum height specified in any development control plan applying to the land.

50 What floorspace ratios apply in the industrial zone?

(1)  Except where a maximum floorspace ratio is specified in a development control plan, the maximum floorspace ratio for buildings in the industrial zone is 1:1.

(2)  The consent authority must consider any maximum floorspace ratio specified in any development control plan applying to the land.

51 Do any special provisions apply to bulky goods retailing and food shops in the industrial zone?

(1)  Regardless of the development control tables in this plan, bulky goods retailing and food shops are prohibited on land in the 4 (a) General Industrial zone which adjoins land zoned 5 (c) Special Uses (Arterial Road) where direct vehicular access to the land in the 4 (a) zone is gained from the land zoned 5 (c).

(2)  Each individual bulky goods retailer must have a minimum gross floorspace of 1000 square metres.

52 Can development within an industrial zone be limited?

Regardless of the development control tables in this plan, a development control plan relating to land within the 4 (a) General Industrial zone may recommend restrictions on specific types of development otherwise permitted on the land.

53 What development may be allowed in the zone?

The following development control table gives the objectives of the industrial zone and what development is allowed or is prohibited in the zone.

Development control table

Zone 4 (a)   General Industrial

1 Objectives of the zone

(a)  Appropriate forms of industrial development which will contribute to employment generation and the economic growth of the area.

(b)  A range of non-industrial land uses which provide direct services to those industrial activities and their work force.

(c)  To provide for shop and business uses ancillary to a permitted industrial use and also provide for bulky goods retailing and food shops on appropriate sites.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

advertising not included in item 2,

brothels,

bulky goods retailing,

bus depots,

business premises ancillary to another permissible use or to serve the needs of local industries,

car parking,

child care centres,

convenience stores,

community facilities,

dwelling houses ancillary to another permissible use,

educational establishment,

food shops,

generating works,

industry,

junk yards,

liquid fuel depots,

motor showrooms,

passenger transport terminals,

places of public worship,

recreation areas,

recreation facilities,

repair centres,

roads,

road transport terminals,

sawmills,

service stations,

shops ancillary to another permissible use or to serve the needs of local industries,

utility installations,

vehicle and mechanical repair premises,

veterinary hospitals,

warehouses,

waste recycling and management centres.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Part 6 Special use zones

54 What special use zones apply in this plan?

This Part applies to land within the following special use zones identified on the maps:

5 (a)  Special Uses

5 (b)  Special Uses (Railways)

5 (c)  Special Uses (Arterial Road)

5 (d)  Special Uses (Future Arterial Road)

5 (e)  Special Uses (Proposed Road)

5 (f)  Special Uses (Waste Recycling)

5 (g)  Special Uses (General Road)

55 What height limits apply in special use zones?

(1)  Except where a maximum height is specified in a development control plan, the maximum height for a building in a special use zone is:

(a)  7.2 metres to any point on the uppermost ceiling, and

(b)  9 metres to the highest point of the roof.

(2)  The consent authority must consider any maximum height specified in any development control plan applying to the land.

56 Do any special provisions apply to land zoned 5 (a) Special Uses—Medical Purposes?

Direct vehicular access to or from The Kingsway from land zoned 5 (a) Special Uses—Medical Purposes is prohibited.

57 Who acquires land?

(1)  If you own land in a special use zone you may request the responsible authority (as shown below) to acquire your land. The request must be in writing.

(2)  On receipt of the request, the responsible authority shall acquire the land.

Table

Zone	Responsible authority
5 (a) School	Minister administering the Education Act 1990
5 (a) W.S.&D.	Sydney Water Corporation Limited
5 (a) Technical College	Technical and Further Education Commission
5 (a) Community Facility	Sutherland Shire Council
5 (a) Parking	Sutherland Shire Council
5 (b) Railways	State Rail Authority
5 (d) Future Arterial Road
•  vacant land and on the 5 year RTA program	Roads and Traffic Authority
•  vacant land and NOT on the 5 year RTA program	The corporation under the Environmental Planning and Assessment Act 1979
•  Not vacant	Roads and Traffic Authority
5 (e) Proposed Road	Sutherland Shire Council

(3)  For the purposes of subclause (2), vacant land means land which, immediately before the day of the written request, had no buildings except for fences, greenhouses, 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.

cll 57, tables: Am 15.7.2002.

58 Is interim development allowed?

(1)  With the concurrence of the responsible authority, development consent may be granted to interim development of land in a special use zone, being development that is or is compatible with development permissible on land within an adjoining zone:

(a)  if the land has not been acquired by the responsible authority, or

(b)  after the land has been acquired by the responsible authority, until the land is needed for the purpose for which it is zoned,

but only if the use of the land does not interfere with the amenity of adjoining properties and use of the land for such a purpose is not likely to impact adversely on the future use of the land.

(2)  In determining whether to grant concurrence required by this clause, the responsible authority must take the following into consideration:

(a)  the likely effect of the proposed development on the costs of acquisition,

(b)  the imminence of acquisition,

(c)  the costs of reinstatement of the land for the use for which it is to be acquired.

59 Exceptions to the land use table in the 5 (c), 5 (d) and 5 (g) zones

(1)  Regardless of the development control tables in this plan, development consent may be granted to outdoor eating areas on land zoned 5 (c) Special Uses (Arterial Road), 5 (d) Special Uses (Future Arterial Road) and 5 (g) Special Uses (General Road) within the constructed footpath area of the road reserve only where in conjunction with a permitted restaurant on adjoining land.

(2)  Regardless of the development control tables in this plan, development consent may be granted to advertising or fixed awnings on land zoned 5 (c) Special Uses (Arterial Road), 5 (d) Special Uses (Future Arterial Road) and 5 (g) Special Uses (General Road) within the constructed footpath area of the road reserve where the advertising is or fixed awnings are associated with a permitted use on adjoining land.

cl 59: Am 15.7.2002.

60 What development may be allowed in each zone?

The following development control tables give the objectives of the zone and what development is allowed or is prohibited in each zone.

Development control table

Zone 5 (a)   Special Uses

1 Objectives of the zone

(a)  The provision of community services and facilities to provide necessary services to the community.

(b)  To provide for development by public authorities.

(c)  To provide for educational, religious or similar land uses.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

The particular use indicated by lettering on the maps.

Ancillary development not included in item 2.

Development for the purpose of:

advertising not included in item 2,

child care centres,

community facilities,

education establishments,

recreation areas,

roads,

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 5 (b)   Special Uses (Railways)

1 Objective of the zone

To provide land for railway purposes to meet public transport needs.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

advertising not included in item 2,

child care centres,

community facilities,

railway purposes,

recreation areas,

roads,

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 5 (c)   Special Uses (Arterial Road)

1 Objective of the zone

To provide for an arterial road network to serve Sutherland Shire and the metropolitan area of Sydney.

2 Development allowed without development consent

Development for the purpose of:

drainage,

roads.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

car parking,

recreation areas,

utility installations.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Development other than development included in item 2 or 3.

Development control table

Zone 5 (d)   Special Uses (Future Arterial Road)

1 Objective of the zone

To provide for an arterial road link to serve the future needs of Sutherland Shire and the metropolitan area of Sydney.

2 Development allowed without development consent

Development for the purpose of:

drainage,

roads.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

recreation areas,

utility installations.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Development other than development included in item 2 or 3.

Development control table

Zone 5 (e)   Special Uses (Proposed Road)

1 Objective of the zone

To provide for road links to serve the future local needs of Sutherland Shire.

2 Development allowed without development consent

Nil.

3 Development that requires development consent

Development for the purpose of:

roads.

4 Development that is prohibited

Development other than development included in item 3.

Development control table

Zone 5 (f)   Special Uses (Waste Recycling)

1 Objective of the zone

To provide for a mix of recycling and resource recovery activities that:

(a)  assist in reducing the volume of waste going to landfill, and

(b)  are compatible with adjoining land uses through minimal environmental impact, and

(c)  assist in the conservation of resources and energy.

2 Development allowed without development consent

Nil.

3 Development that requires development consent

Development for the purpose of:

advertising,

business premises ancillary to another permissible use,

drainage,

generating works,

repair centres,

roads,

utility installations,

waste recycling and management centres.

4 Development that is prohibited

Any development other than development included in item 3.

Development control table

Zone 5 (g)   Special Uses (General Road)

1 Objective of the zone

To provide a road network to serve the local needs of Sutherland Shire and the metropolitan area of Sydney.

2 Development allowed without development consent

Development for the purpose of:

drainage,

roads.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

car parking,

recreation areas,

utility installations.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Development other than development included in item 2 or 3.

cl 60, table: Am 15.7.2002.

Part 7 Open space zones

61 What open space zones apply in this plan?

This Part applies to land within the following open space zones identified on the maps:

6 (a)  Public Recreation

6 (b)  Private Recreation

6 (c)  Regional Recreation

6 (d)  Future Recreation

62 What height limits apply in open space zones?

(1)  Except where a maximum height is specified in a development control plan, the maximum height for a building in an open space zone is:

(a)  7.2 metres to any point on the uppermost ceiling, and

(b)  9 metres to the highest point of the roof.

(2)  The consent authority must consider any maximum height specified in any development control plan applying to the land.

63 Who acquires land?

(1)  The owner of land in the 6 (a) Public Recreation zone may request the Council to acquire the land. The request must be in writing. On receipt of the request, the Council shall acquire the land.

(2)  The owner of land in the 6 (c) Regional Recreation zone may request the Minister administering the Environmental Planning and Assessment Act 1979 to acquire the land. The request must be in writing. On receipt of the request, the corporation under the Act shall acquire the land.

64 Is interim development allowed on land zoned 6 (c) Regional Recreation?

(1)  With the concurrence of the Minister administering the Environmental Planning and Assessment Act 1979, consent may be granted to development of land in the 6 (c) Regional Recreational zone, being development that is or is compatible with development permissible on land within an adjoining zone:

(a)  if the land has not been acquired by the corporation under the Act, but only so as to allow the development until the land is needed for the purpose for which it is zoned, or

(b)  where consent to interim development of the land will not interfere with the amenity of adjoining properties and the development is not likely to adversely impact on the future use of the land.

(2)  In determining whether to grant concurrence required by this clause, the Minister must take the following into consideration:

(a)  the likely effect of the proposed development on the costs of acquisition,

(b)  the imminence of acquisition,

(c)  the costs of reinstatement of the land for the use for which it is to be acquired.

65 Exceptions to the land use table in the 6 (a) Public Recreation and 6 (d) Future Recreation zones

(1)  Regardless of the development control tables in this plan, consent may be granted to development for the purpose of an arts and craft centre on land shown on the map marked “Map 3: Hazelhurst Retreat, The Kingsway, Gymea” in Schedule 7.

(2)  Regardless of the development control tables in this plan, consent may be granted to development on land known as the Lucas Heights Waste Management Centre, being the land within the 6 (d) Future Recreation zone shown on the map marked “Map 5: Tip—Lucas Heights Waste Depot” in Schedule 7, for the purpose of a solid waste disposal and associated waste recycling and management centre.

(3)  Regardless of the development control table, but subject to any plan of management adopted under the Local Government Act 1993, consent may be granted to development for the purpose of a restaurant, not involving the sale of takeaway food, within the footprint of each of the following buildings shown on Sheets 1–11 of Map 8 in Schedule 7:

Sheet 1: Sutherland Oval Football Club, Sutherland

Sheet 2: Waratah Park Leisure Club, Sutherland

Sheet 3: Anzac Oval Youth Club, Engadine

Sheet 4: Café de Como, Como Pleasure Grounds, Como

Sheet 5: E G Waterhouse Gardens Teahouse, Caringbah

Sheet 6: Bates Drive Soccer Centre, Kirrawee

Sheet 7: Wanda Surf Life Saving Club, Cronulla

Sheet 8: North Cronulla Surf Life Saving Club, Cronulla

Sheet 9: Cronulla Surf Life Saving Club, Sport Complex, restaurant, Cronulla

Sheet 10: Gunnamatta Park Pavilion, Cronulla

Sheet 11: Elouera Surf Living Saving Club, Cronulla

For the purposes of this subclause, the footprint of a building does not include structures used for providing access for pedestrians and disabled people to the building.

(4)  Regardless of the development control table, consent may be granted for advertising and the use of outdoor eating areas in conjunction with a restaurant for which consent is granted pursuant to subclause (3), but only if:

(a)  the sign on which the advertising is displayed is attached flush with the building, neither exceeds 1.5 metres in height nor 0.6 metre in width, and only displays the name of the restaurant, and

(b)  the outdoor eating area immediately adjoins the part of the building in which the restaurant is located.

cl 65: Am 9.8.2002.

66 What special considerations apply to development in open space zones?

Before granting consent for development of land in open space zones, the consent authority must be satisfied that the proposal adequately addresses:

(a)  the need for the proposed development, and

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

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

(d)  the impact of the proposed development on surrounding residential areas and business centres, and

(e)  the impact of the proposed development on traffic movements and parking requirements, and

(f)  the impact of the proposed development on existing pedestrian movements within the recreation area concerned, and

(g)  the visual impact of the proposed development on that recreation area, and

(h)  the visual impact of any proposed advertising on that recreation area.

67 What development may be allowed in each zone?

The following development control tables give the objectives of the open space zones and what development is allowed or is prohibited in each zone.

Development control table

Zone 6 (a)   Public Recreation

1 Objectives of the zone

(a)  Provision for both active and passive open space activities and a range of recreational facilities to meet the needs of all age groups in the community.

(b)  Preservation of land of high scenic, environmental or landscape character.

(c)  To identify and protect land to be acquired for local public open space.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

beach and foreshore protection works not included in item 2,

buildings associated with landscaping, gardening or bushfire hazard reduction and vehicular access to these buildings,

community facilities,

places of assembly,

recreation areas,

recreation facilities,

roads,

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 6 (b)   Private Recreation

1 Objective of the zone

To identify areas of privately owned land for recreational purposes to meet local and regional community needs, such as bowling clubs, golf courses, tennis courts and the like.

2 Development allowed without development consent

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

advertising not included in item 2,

buildings associated with landscaping, gardening or bushfire hazard reduction and vehicular access to those buildings,

drainage,

dredging,

marinas,

places of assembly,

recreation areas,

recreation facilities,

registered clubs,

restaurants,

roads,

utility installations, other than gas holders or generating works,

watercraft facilities.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 6 (c)   Regional Recreation

1 Objectives of the zone

(a)  To identify areas of regional recreational significance for the provision of open space to meet the community needs of the Sydney Region.

(b)  Preservation of land of high scenic, landscape or environmental character.

(c)  To identify regional recreation land for acquisition by the Minister administering the Environmental Planning and Assessment Act 1979.

2 Development allowed without development consent

Development for the purpose of:

works (other than buildings) associated with landscaping, gardening or bushfire hazard reduction.

3 Development that requires development consent

Development for the purpose of:

beach and foreshore protection works,

buildings associated with landscaping, gardening or bushfire hazard reduction and vehicular access to these buildings,

drainage,

recreation areas,

roads,

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 6 (d)   Future Recreation

1 Objectives of the zone

(a)  To allow for the future provision of open space and a range of recreational facilities to meet local and regional community needs.

(b)  To provide facilities which ensure the ongoing management of impacts from waste disposal activities.

2 Development allowed without development consent

Development for the purpose of:

works (other than buildings) associated with landscaping, bushfire hazard reduction and landfill gas and leachate collection if in accordance with an appropriate plan of management approved by the Council.

3 Development that requires development consent

Development for the purpose of:

buildings associated with landscaping, bushfire hazard reduction and landfill gas and leachate collection,

child care centres,

drainage,

generating works,

places of assembly,

recreation areas,

recreation facilities,

registered clubs,

roads,

utility installations.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

cll 67: Am 15.7.2002.

Part 8 Environmental protection zones

68 What environmental protection zones apply in this plan?

This Part applies to land within the following environmental protection zones identified on the maps:

7 (a)  Environmental Protection (Waterways)

7 (b)  Environmental Protection (Bushland)

7 (c)  Environmental Protection (Water Catchment)

69 Exceptions to the land use table in the 7 (a) and 7 (b) zones

(1)  Regardless of the development control table, development may be carried out without development consent in the 7 (a) Environmental Protection (Waterways) zone for the purpose of a bridge to carry State Road No 663 over the Woronora River and for the purpose of associated roadworks.

(2)  Regardless of the development control table, consent may be granted to development for the purpose of remedial dredging in the 7 (a) Environmental Protection (Waterways) zone, where the need for such dredging is identified in a plan of management or development control plan approved by the Council.

(3)  Regardless of the development control table, consent may be granted to a dwelling house on an allotment of 20 hectares or more in the 7 (b) Environmental Protection (Bushland) zone, but only if the allotment was in existence and was in private ownership on 12 November 1993.

(4)  Any dwelling house erected in accordance with subclause (3) must comply with the following controls:

(a)  the height must not exceed 7.2 metres to any point on the uppermost ceiling nor 9 metres to the highest point on the roof, and

(b)  the gross floor area must not exceed a maximum of 300m² (inclusive of any ancillary buildings).

(5)  Regardless of the development control table in this plan, consent may be granted to development on land to the north of the Lucas Heights Waste Management Centre, being the land within the 7 (b) Environmental Protection (Bushland) zone shown on the map marked “Map 5: Tip—Lucas Heights Waste Depot” in Schedule 7, for the purpose of an information centre and water quality control structures.

70 What development may be allowed in each zone?

The following development control tables give the objectives of each of the environmental protection zones and what development is allowed or is prohibited in each zone.

Development control table

Zone 7 (a)   Environmental Protection (Waterways)

1 Objectives of the zone

(a)  To recognise the importance of the waterways of Sutherland Shire, as an environmental and recreational asset for residents of the area and the Sydney region.

(b)  To ensure development does not adversely affect the ecology, scenic value or navigability of the waterways.

(c)  To ensure aquatic environments are not adversely affected by the recreational use of the waterways.

(d)  To provide for viable aquaculture in waterway areas.

2 Development allowed without development consent

Development for the purpose of:

aids to navigation required by the Waterways Authority,

beach and foreshore protection works if in accordance with a plan of management approved by the Council and undertaken by or on behalf of the Council,

maintenance dredging of Waterways Authority navigation channels.

3 Development that requires development consent

Development for the purpose of:

aquaculture,

beach and foreshore protection works not included in item 2,

business activities associated with the provision of recreational activities within the waterways,

marinas,

swimming enclosures,

watercraft facilities,

works to enable public pedestrian access to facilitate recreational use of the waterway.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 7 (b)   Environmental Protection (Bushland)

1 Objectives of the zone

(a)  To preserve natural bushland areas, particularly steep valley areas of Sutherland Shire, not suitable for urban development.

(b)  To ensure development does not adversely affect natural bushland and wildlife corridors.

(c)  Flora and fauna habitats which are protected and preserved for the aesthetic, recreational, educational and scientific resource value to the community as part of the natural heritage.

2 Development allowed without development consent

Development for the purpose of:

works (other than buildings) associated with bushland regeneration or bushfire hazard reduction.

3 Development that requires development consent

Development for the purpose of:

works to enable pedestrian access to facilitate recreational use of the bushland.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

Development control table

Zone 7 (c)   Environmental Protection (Water Catchment)

1 Objective of the zone

To ensure development in the Woronora Water Catchment area is restricted to prevent contamination of the water supply from within the catchment area.

2 Development allowed without development consent

Development for the purpose of:

any land use authorised by or under the Sydney Water Act 1994, or any land use ancillary or incidental to such a use,

roads, including bridges forming parts of roads.

3 Development that requires development consent

Development for the purpose of:

utility installations, other than gas holders or generating works.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

cll 70: Am 15.7.2002.

Part 9 National parks, nature reserves and State recreation areas zone

71 What national parks, nature reserves and State recreation areas zone applies in this plan?

This Part applies to land within the following national parks, nature reserves and State recreation areas zone identified on the maps:

8 (a)  National Parks, Nature Reserves and State Recreation Areas

72 What development may be allowed in the zone?

The following development control table gives the objectives of the national parks, nature reserves and State recreation areas zone and what development is allowed or is prohibited in the zone.

Development control table

Zone 8 (a)   National Parks, Nature Reserves and State Recreation Areas

1 Objectives of the zone

(a)  The conservation of areas of natural, ecological, scenic, educational, scientific, cultural or historical importance.

(b)  To identify land under the control of the Director-General of National Parks and Wildlife within Sutherland Shire.

2 Development allowed without development consent

Any development authorised by or under the National Parks and Wildlife Act 1974 or any development ancillary or incidental to such development.

3 Development that requires development consent

Nil.

4 Development that is prohibited

Any development other than development included in item 2.

Part 10 Mixed residential/business zone

73 What mixed residential/business zone applies in this plan?

This Part applies to land within the following mixed residential/business zone identified on the maps:

9 (a)  Mixed Residential/Business

74 What height limits apply in the 9 (a) zone?

(1)  Except where a maximum height is specified in a development control plan, the maximum height for a building in the mixed residential/business zone is:

(a)  7.2 metres to any point on the uppermost ceiling, and

(b)  9 metres to the highest point on the roof.

(2)  The consent authority must consider any maximum height specified in any development control plan applying to the land.

75 What floorspace ratios apply in the 9 (a) zone?

(1)  Except where a maximum floorspace ratio is specified in a development control plan, the maximum floorspace ratio for buildings in the mixed residential/business zone is 2:1.

(2)  The consent authority must consider any maximum floorspace ratio specified in any development control plan applying to the land.

76 What controls apply to residential development within the 9 (a) Mixed Residential/Business zone?

A development control plan may recommend the residential floorspace component of any building within the 9 (a) Mixed Residential/Business zone.

77 Can development within the 9 (a) Mixed Residential/Business zone be limited?

Regardless of the development control table in this plan, a development control plan relating to land within the 9 (a) Mixed Residential/Business zone may recommend restrictions on specific types of development otherwise permitted on the land.

78 What development may be allowed in each zone?

The following development control table gives the objectives of the mixed residential/business zone and what development is allowed or is prohibited in the zone.

Development control table

Zone 9 (a)   Mixed Residential/Business

1 Objective of the zone

(a)  To provide flexibility in the type, location and intensity of land uses surrounding major business centres and public transport nodes which will be detailed in development control plans.

(b)  To promote the vitality of business centres by permitting appropriate forms of residential development and development incorporating a mix of appropriate permitted uses, as detailed in development control plans.

(c)  To achieve and maintain a compatible mix of residential and business uses.

2 Development allowed without development consent

Development for the purpose of:

drainage.

Exempt development.

3 Development that requires development consent

Ancillary development not included in item 2.

Development for the purpose of:

advertising not included in item 2,

backpackers accommodation,

boarding houses,

bulky goods retailing,

business premises,

car parking,

child care centres,

community facilities,

convenience stores,

dwellings only in buildings subject to another permitted use,

educational establishments,

food shops,

hotels,

housing for older people or people with a disability,

medical facilities,

motels,

motor showrooms,

nightclubs,

passenger transport terminals,

places of assembly,

places of public worship,

public transport interchanges or associated infrastructure,

railways,

recreation areas,

registered clubs,

recreation facilities,

residential flats,

restaurants,

roads,

service stations,

sex shops,

shops,

utility installations, other than gas holders or generating works,

veterinary hospitals.

Demolition not included in item 2.

Subdivision.

4 Development that is prohibited

Any development other than development included in item 2 or 3.

cll 78, tables: Am 15.7.2002.

Schedule 1 Heritage items—archaeological sites

(Clause 5)

Note—

The number corresponding to a site indicates the number given to the site in the Council’s Heritage Study.

Alfords Point

Alfords Point Road
A008—Alfords Point Bridge

Audley (Royal National Park)

Artillery Hill
A109—Stone work on road (near Visitors’ Centre)
Audley Road/Sir Bertram Stevens Drive
A057—Audley group (Audley Conservation Plan area)
Lady Carrington Drive
A058—Lady Carrington Drive group

Bundeena (Royal National Park)

Brighton Street
A030—Site of 1920 Bundeena Wharf
Simpsons Road
A060—Bonnie Vale cabins group
A061—Simpsons Hotel site

Como

A020—Como railway bridge
A009—Former Como railway bridge (now cycleway)
Cremona Road
A039—Como Reserve, including:

A040—Pavilion
A041—Boatshed
A042—Sea walls
A043—Tidal baths
A044—Scylla Bay

Cronulla

A051—Brick kerbing (Gerrale Street, Parramatta Street and others)
Cecil Monro Avenue
A050—Rock pool
Cronulla Street
A026—Cronulla Railway Station
Elouera Road/Kingsway
A049—Sea wall (south of Dunningham Park)
Ewos Parade
A048—Shelly Park rock pool
A047—Oak Park rock pool
Gowrie Street
A055—Bass and Flinders memorial
A027—Salmon Haul ocean wharf (on Salmon Haul Reserve)
Nicholson Parade
A046—Gunnamatta Park, including dressing pavilion
A036—Fisheries Research Institute (Hungry Point)

Engadine

Waratah Road
A112—“Bakery Trade Industry” building
“Meat Trade Industry” building

Gundamaian (Royal National Park)

Deer Park Road (Deer Park)
A065—Access stairs to jetty and boatshed, “Chaldercot”
Point Danger
A062—Site of landscaping and jetty remains
A063—Remains of landscape and jetty
Wants Point
A064—Remains of jetty
Warumbul Road (Gogerlys Point)
Ar Gogerlys Point group, including:

A068—“Gogerlys Cottage”
A069—“Hilltop” and landscaping
A067—“Rathane” and landscaping
A067—Rotunda
A066—“Telford” and landscaping
A070—Lamont house site

Warumbul Road (Warumbul)
A071—Warumbul

Heathcote

Bottle Forest Road
A033—Heathcote Brickworks

Illawong

Old Ferry Road
A007—Old Punt crossing (Lugarno ferry)
A004—Old Illawarra Road

Jannali

Jannali Avenue/Railway Parade
A025—Jannali Railway Station and immediate surrounds

Kirrawee

Princes Highway/Oak Road/Flora Street
A034—Site of former brickworks

Lilli Pilli

Lilli Pilli Point Road
A045—Site of Lilli Pilli wharf

Loftus

Farnell Avenue
A076—Military Parade site
Loftus Avenue
A107—Old Illawarra Highway

Lucas Heights

Old Illawarra Road
A003—Old Illawarra Road

Royal National Park

(Miscellaneous items and sites not listed elsewhere)
Cabbage Tree Basin
A075—Bundeena/Maianbar water supply
Costens Point
A072—House sites and associated remains
A073—Old Coast Road
Florence Parade
A080—Florence Parade
Jibbon Head
A110—Plaque
A111—Shell grit beach mine
McKell Avenue
A059—Fosters Flat saw pit
A077—Wilson Parade fire trail
Rawson Drive
Ar—Rawson Drive group, including:

A078—Site of bridge
A108—Road

Red Jacks Point
A074—Red Jacks Point group of sites

Sutherland

Linden Street
A052—Woronora Cemetery
A053—Site of mortuary line, Woronora Cemetery
Old Princes Highway
A024—Sutherland Railway Station
A018—Site foundations for steam tramway (west side)
A019—Former steam tramway office (No 753)
A035—Electrical substation
Toronto Parade
A032—No 100 (cnr Clio Street), “Brinsley’s Joinery Works”

Sylvania

Belgrave Street
A010—Tom Ugly’s ferry site No 1
A011—Tom Ugly’s ferry site No 2
A012—Stone setting at 1929 Tom Ugly’s Bridge
Princes Highway
A013—Tom Ugly’s Bridge (1929)
A014—Tom Ugly’s Bridge (1987)

Sylvania Waters

Belgrave Esplanade
A001—Gwawley Bay claires

Taren Point

Old Taren Point Road
A015—Disused ramp for punt
Taren Point Road
A016—Captain Cook Bridge (1965)

Waterfall

A022—Rail turntable
A023—Watertank

Woolooware

Kingsway
A054—No 141 “Woolooware House”
Woolooware Road North
A005—Woolooware Road North
Woolooware Road South
A006—Woolooware Road South

Woronora

Menai Road
A017—Woronora Bridge

Miscellaneous items

(Not listed by location elsewhere)
A056—Royal National Park
A098—Heathcote National Park
A099—Woronora Dam
A037—Woronora—Penshurst pipeline
A100—Kolora Weir (on Woronora River, south of Heathcote Road Bridge)
A101—Lake Toolooma Dam
A102—Lake Toolooma Dam pumping station
Botany Bay
A083—Buoy marking position of Captain Cook’s Endeavour
A031—Pells Island Oyster Farm
Port Hacking
A002—Ballast heap, Yennibilli Point

Schedule 2 Heritage items—built and landscape

(Clause 5)

Note—

“A” in the identifier corresponding to the item indicates the item is of archaeological significance.
“L” in the identifier corresponding to the item indicates the item is of landscape significance.
“R” indicates item is of Regional significance.
“S” indicates item is of State significance.
The number in the identifier corresponding to an item indicates the number given to the item in the Council’s Heritage Study.

Alfords Point

L194–R—Georges River State Recreation Area
Alfords Point Road
L193—Alfords Point Bridge

Audley (Royal National Park)

Audley Road
B001—House (east side of road, on western approach to weir)
Sir Bertram Stevens Drive
B002—Rangers’ cottage (cnr Lady Carrington Drive)
B003—Shelter pavilion (cnr Lady Carrington Drive)

Bundeena (Royal National Park)

L114–R—Horderns Beach (between Crammond Avenue and Brighton Street)
Brighton Street
L113—Bundeena Wharf (eastern end of Horderns Beach)
Bundeena Drive
B004—Nos 25–31, “Bundeena House”
Loftus Street
B276—Nos 96–98, “Bundeena Park Store” (corner of Brighton and Loftus Streets)
Scarborough Street
L115—Bundeena Caravan Park
Simpson Road (off Crammond Avenue)
B277—No 8, house

Caringbah

Fernleigh Road
B005–S—Nos 44–46, “Fernleigh”
Frangipani Place
B264—No 2 (cnr Willarong Road), “Rellum”
Kingsway
L186–R—Park (southwest cnr Port Hacking Road)
Mirral Road
B235—No 41, boatshed
Turriel Bay Road
B236—No 33, waterfront cottage
Wallami Street
B287—No 27, house
Water Street
B010—Nos 28 and 32, including “The Terraces” and former stables
Willarong Road South
B279—No 359, boatshed
B280—No 432, boatshed and stone walls
B342—No 541, boatshed/dwelling and swimming enclosure
B239—No 509, cottage, boatshed and jetty
B234—No 527, waterfront cottage

Como

L197–R—Como Railway Bridge
Bonnett Avenue
B281—No 39, house
Como Parade
B013—No 105, (cnr Warraba Street), house
Cremona Road
L048–R—Former Como Pleasure Grounds
B016—No 2, “Café de Como”
Wolger Street
B019—No 41, (cnr Burunda Street), house

Cronulla

Burraneer Bay Road
B021—Cronulla Public School, main building and grounds
Connels Road
B022—No 15, house
Cronulla Street
B025—No 41, Cronulla Post Office
B026—Cronulla Railway Station
B027—Nos 2–6, (cnr Kingsway), “Cronulla Theatre”
B028—Nos 8–12, commercial building
B029—Nos 66–70, Commonwealth Bank
B030—No 118, State Bank
L008–R—Monro Park
Darook Park Road
B282—No 9, boatshed, garage and walling
B248—No 29, house
Ewos Parade
L003—Shelly Beach and Park
L058—Oak Park
L055—Street trees (opposite Oak Street)
B032—No 157, (cnr Rose Street), house
Excelsior Road
L070, B036—No 6, house and garden trees
B037—No 22, house
Franklin Road
B038—No 54, house
Gerrale Street
L002–R—South Cronulla Beach and Cronulla Park
B041—Nos 97–99, (cnr Nicholson Parade, commercial pair)
B042—Nos 80–82, house
Giddings Avenue
B043—“Thornton Hall” (cnr Nicholson Parade), part of St Aloysius School
Grosvenor Crescent
L032—No 28, garden
Hampshire Street
B044—No 12, (cnr Nicholson Parade), house
John Street
B045—Nos 10–12, “Mimi’s” kindergarten
Kingsway
L001—Dunningham Park (also fronts Elouera Road)
L168—Street trees (cnr Wilbar Avenue)
B046—Nos 43–45, “Masonic Temple”
Links Avenue
B048—No 17, (cnr Berry Street)
Lucas Street
B049—No 9, (cnr Boronia Street), “Eleanor Mackinnon House”
L056—No 9, (cnr Boronia Street), gardens
Nicholson Parade
L033—Gunnamatta Park, including dressing pavilion
L061–R—Fisheries Research Institute (Hungry Point)
Oak Street
B052—No 8, house
Parramatta Street
B055—No 50, house
Prince Street
B056—North Cronulla Surf Club
Richmount Street
B057—No 12, “Moonbow”
B058—No 14, house
St Andrews Place
B059—No 1A, St Andrews Church of England
Surf Road
B063—Nos 4–8, “School of Arts”
Taloombi Street
B283—No 47, boatshed
A113—Laneway between Nos 51 and 53, sandstone steps from street to waterfront
B284—No 53, boatshed/dwelling
B064—No 52, “Coombe Grange”
The Esplanade
B065—Cronulla Surf Club
B066—Cronulla Sports Complex
L059—Walking path on eastern foreshore
B067—No 40, house
L060–R—Bass and Flinders Point and Salmon Haul Reserve (at southern point of Cronulla peninsula)
Tonkin Street
L068—Tonkin Park
Via Mare
B070—No 8, house
Waratah Street
B071—Sub-station (“Electric Light Department”)
A114—Cronulla Wharf, stone steps
Wilshire Avenue
B073—No 14, Uniting Church

Dolans Bay

Parthenia Street
B285—No 92, house
Port Hacking Road
B280—No 733, house
Port Hacking Road South
B009—No 698, house
B074—No 742, “Our Lady of Mercy Convent”

Engadine

Banksia Avenue
B075—No 133, house
Railway Parade (Princes Highway)
B077—No 43, house
Waratah Road
Ar—“The Boys Town” including:

B078—“Bakery Trade Industry” building
B079—“Meat Trade Industry” building
B080—“Memorial Hospital”
L160—Grounds

Woronora Road
B081—No 277, (cnr Fairview Avenue), “Homelea”

Grays Point

North West Arm Road
B083—No 152, house
Peninsula Road
B288—No 129, house, boatshed and sea wall

Gundamaian (Royal National Park)

Deer Park Road (Deer Park)
B084–R—“Chaldercot” group
Warumbul Road (Gogerlys Point)
Ar—Gogerlys Point Group including:

B085–S—“Gogerlys Cottage”
B086—“Hilltop” and landscaping
B087—Boatsheds
B088—Timber Cottages
B089—“Rathane” and landscaping
B090—Rotunda
B091—“Telford” and landscaping
L036–R—Gardens/grounds

Warumbul Road (Warumbul)
L035—Grounds and foreshore

Gymea

Kingsway
L101—Nos 782–800, (cnr Talara Road), “Hazelhurst” garden
North West Arm Road
L141—Natural sandstone arch bridge

Gymea Bay

L039—Gymea Baths (northwest cnr of Gymea Bay)
Bayhaven Place
B291—No 9, house
Coopernook Avenue
B240—No 38, boatshed
Ellesmere Road
B242—No 116, waterfront cottage
B096—No 180, house
Maroopna Road
B344—No 14, “Magnetic” waterfront cottage
Pinaroo Place
B094—No 24A, house

Heathcote

Bottle Forest Road (and former brickpit embankment)
L153—Street trees
Dillwynnia Grove
B098—Nos 1–21, (cnr Tecoma Street), “Heathcote Hall”
L151–S—Nos 1–21, (cnr Tecoma Street), “Heathcote Hall” grounds
B099—No 40, “Kennet Villa”
Princes Highway
B100—No 1330, former railway cottage
Wilson Parade
B101—No 1, house
B102—No 122, house

Illawong

Bignell Street
A116—At the end of Bignell Street, stone jetty
B293—No 4, foreshore house, boatshed and stone wall
B294—Nos 7–13, stone boatshed, seawall and basin
B295—Nos 20–22, early waterfront housing/boatsheds
B296—Nos 60, 64, 66, 68 and 72, houses and boatsheds (group)
Cranbrook Place
B343—Nos 9–21, sculptures, pathways and steps, seawall and swimming enclosure
Fowler Road
B103—Nos 45–53, “Cranbrook”
L022—Nos 45–53, “Cranbrook” gardens
B298—No 69, house and boatshed
B299—Nos 77–79, seawall
B104—No 118, house
B297—Nos 119–121, boatshed, house, wharf and stone waterfront
Griffin Parade
B301—Nos 9–11, early waterfront house
Old Ferry Road
A117—stone wharf
B302—No 1R, waterfront houses (group of 5)
Sproule Road
A118—Various oyster workings remains (off end of Sproule Road)

Kangaroo Point

Ilma Avenue
B303—No 9, boatshed and house
Kangaroo Point Road
B304—Nos 6–8, boatshed and wall
B109—No 10, house
B108—No 25, house
L080—No 25, garden
B305—Nos 72–74, boatshed
B258—Nos 105–107, house
B111—No 162, (cnr Tara Street), house

Kirrawee

Acacia Avenue
B112—No 94, “Botany View”
President Avenue
B114—No 455, (cnr Oak Road), house

Lilli Pilli

Bareena Street
B118—No 18, “Waratah”
L006—No 18, “Waratah” garden trees
Beckton Place
B120—Nos 20–24, “Beckton”, house
B237—Nos 20–24, “Beckton”, boatsheds
Gow Avenue
B238—No 24, waterfront cottage
Korokan Road
B262—Nos 16–18, “Nuimburra” and adjoining house
Moombara Crescent
B123–R—Nos 17–19, “Moombara”
Sand Bar Place
B124—No 1, house
Shiprock Road
B286—No 34, boatshed
Wallendbeen Street
B125—No 10, “Wallendbeen Lodge”

Loftus

National Avenue
B127—No 9, house
B128—No 44, house
Princes Highway (on edge of Royal National Park)
L175—Avenue of trees, National Park entry
B129—“Bedford”
B130—Former “Gardeners Garage”
Rawson Avenue
L108–R—“National Avenue” street trees

Menai

David Road
B131—No 1, house

Miranda

Bellingara Road
B134—house (part of Frank Vickery Village No 16)
Central Road
Ot, L163—Miranda Centre School War Memorial (north end of street)
Kiora Road North
L164—Street trees

Oyster Bay

Caravan Head Road
B308—Nos 141 and 151, waterfront cottages
Carina Road
B307—No 27, boatshed and cottage
Green Point Road
B308—Nos 14–20, 22–28 and 40, waterfront cottages (group along Green Point Road and Shipwright Place)
Sage Avenue
B139—No 2, “Desiree”
Ward Crescent
B309—Nos 20, 24, 28, 30 and 32, waterfront houses/boatsheds (group)

Sutherland

Acacia Road
B140—No 189, house
Adelong Street
Ar—Nos 3–7, row of three houses
B143—No 5, house
B144—No 7, house
B145—No 10, house
Auburn Street
B147—No 68, house
Clio Street
B152—No 52, house
East Parade
L174—Street trees
B154—No 15, house
B157—Nos 21–23, former School of Arts
B159—No 77, (cnr Sutherland Street), house
Eton Street North
Ot, L192—Sutherland War Memorial (Peace Park)
B161—Former “Sutherland Intermediate High School” building (now part of Primary School)
Flora Street
B162—Sutherland Primary School (cnr Eton and Merton Streets), including original building and grounds
B163—(cnr Merton Street), church
B164—No 116, house
B165—No 122, (cnr Glencoe Street), house
Glencoe Street North
Ot, B172—No 56, house and fence
Jannali Avenue
B173—No 123, (rear frontage to Vesta Street), house
B174—No 125, (cnr Moira Street), house
B175—No 133, “Lark Ellen Nursing Home”
Linden Street
L044–R—Sutherland Park
L043–S—“Cooee Tree”, Sutherland Park
L045–S—Woronora Cemetery
B177—No 148, (cnr Sutherland Street), house
Old Princes Highway
L017—Forby Sutherland Memorial Gardens and Council grounds, Council chambers
L104—Railway Station precinct, bridge retaining walls and Hills Figs
B178—No 685, (next to overpass) commercial building
B179—No 810, (cnr Boyle Street) “Boyles Sutherland Hotel”
B180—No 816, Commonwealth Bank
Toronto Parade
B189—No 90, house
B190—No 94, house
B191—No 100, (cnr Clio Street), “Brinsley’s Joinery Works”
B192—No 102, house
B193—No 104, “Walton”

Sylvania

Belgrave Street
L161—Street tree
Canberra Road
B194—No 23, (cnr Pembroke Street), house
Evelyn Street
B197—No 5, house
Harrow Street
B310—No 35, boatshed, jetty and walling
Murralin Lane
B198—No 167, “Glen Robin”, house, Fairy House, boatshed and jetty
Port Hacking Road
L075—Gwawley Creek stormwater canal (east side of road, 200m south of Box Road)
Princes Highway
L086–R—Tom Uglys Bridge (1987)
L087—Fig tree (on southern approach to Tom Uglys Bridge)
B200—Former St Marks Church (now part of public school)
B201—Nos 56–60, (cnr Endeavour Street), old church

Sylvania Waters

L074–R—Sylvania Waters canal development

Taren Point

Taren Point Road
L072–R—Captain Cook Bridge (1965) and southern approach

Waterfall

L158–R—“Camp Coutts”, Heathcote National Park
Ar—Row of railway cottages including “Community Cottage”
McKell Avenue
B205—Nos 7, 8, 9 and 10, pair of semi-detached houses

Willarong Point

Woolooware

Bermuda Place
B313—No 1, boatshed
B265—No 7, house
Caronia Avenue West
B210—No 28, house
Castlewood Avenue
B211—No 26, House
Dolans Bay Road
B275—No 93, “Coolangatta”
Dunkeld Close
B266—No 4, house
Eurabalong Road
B212—Nos 1–9, house
Goobarah Road
B267—No 4, house
Gunnamatta Road
B315—Wharf, boardwalk and steps (at end of street)
A119—Remains of bath walls (at end of street)
Hazel Place
B316—Nos 2, 2C and 11, boatsheds (group)
Kingsway
B214—No 141, “Woolooware House”
Loch Lomond Crescent
B215—Nos 3–3A, “Loch Lomond”
Portview Place
B269—No 6, house
L030—No 6, grounds
Rutherford Avenue
B317—No 18, boatshed
B216—No 22, “Minnamurra”
Shell Road
B217—No 12, house
Smarts Crescent
B218—Nos 6–16, “Mount Vincent”
B270—Nos 27–31, house
Swan Street
B219—No 2, “Wyndham Flats”
Woolooware Road South
L187—Street trees (between Burraneer Bay Road and Wren Place)
B222—No 79, (cnr Castlewood Avenue), house
B223–R—No 89, “Castlewood”
B318—No 224, boatshed
B319—No 255A, boatshed/house
B320—No 295, boatshed/house
B321—Nos 321–323, “Attwells Boat Brokerage”, boatshed/house
L—No 346, garden including nearby street trees

Woronora

Liffey Place
B323—No 67, house
Prince Edward Park Road
Ot, L110—Woronora RSL War Memorial
B325—No 87, house
B324—No 105, stone boatshed and seawall
B326—No 201, stone house, boatshed and carport
River Road
B226—No 1D, house
Woronora River
B327—Nos 53, 205 and 219, cottages frontages (Woronora River Precinct “Shackles Estate”)

Yowie Bay

Attunga Road
B227—No 8, house
B334—No 102, boatshed and baths
B328—No 135, boatshed
B329—No 255, boatshed and house
B330—Nos 296–298, boatshed
Baliga Avenue
B332—Nos 39–41, boatshed
Bayside Place
B278—No 21, house and boatshed “Elanora”
Glen Ayr Avenue
B333—No 4, boatshed
Kalang Lane
L026—Nos 5 and 6, sandstone seawall
B334—No 5, boatshed
Matson Crescent
B228—No 13, house
B335—No 32, waterfront house
B336—Nos 42, 46, 50–56, 60 and 62, boatsheds and boatshed/dwellings
Munella Place
B337—No 4, two storey stone boatshed
Nottingham Place
B338—No 1C, boatshed
President Avenue
L134–R—EC Waterhouse National Camelia Garden (cnr Kareena Road South)
Sherwood Avenue
B339—No 6, boatshed
B339—No 8, waterfront cottage
Wonga Road
B230—No 1, boatshed
B231—No 7, house
B233—No 16, “Cliff Haven”
Yellambie Road
B340—No 23A, boatshed and seawall

Miscellaneous items

(not listed by location elsewhere)
L037–S—Royal National Park
L143–S—Heathcote National Park
Port Hacking
L034–R—Ballast shoal (just northeast of Maianbar)

sch 2: Am 15.7.2002.

sch 2, note: Subst 15.7.2002.

Schedule 3 Schedule of savings provisions

(Clauses 6 and 22 (5))

(1) The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and (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, (d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking 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, (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, that is to say: (a) development of any description at or below the surface of the ground, (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 this plan commenced of any plant or other structures or erections required in connection with the station or substation, (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 housings, 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 brickworks, (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired or in process of being acquired for the purpose before this plan commenced, provided reasonable notice of the proposed erection is given to the Council, or (f) 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 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, of any development required in connection with the movement of traffic by air, 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.

(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, 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.

(7) The carrying out by the owner or lessee of a mine (other than a mineral sands 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 or repair of any road, except the widening, realignment or relocation of such road within the existing road reserve.

(9) The carrying out of any forestry work by the Forestry Commission, or School Forest Trust empowered under relevant Acts to undertake afforestation, construction and maintenance of roads, protection, cutting and marketing of timber, and other forestry purposes under such Acts or on any Crown land temporarily reserved for sale as a timber reserve under the Forestry Act 1916 .

(10) The carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purposes, or (b) any development designed to change the use or purpose of any such reserve.

(11) The carrying out or causing to be carried out by a council engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provision 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.

sch 3: Am 15.7.2002.

Schedule 4 Exempt development

(Clause 17)

Type of activity—development consisting of erection and use or carrying out of the following:	Development standards and other requirements
Access ramps for the disabled	(a)  Maximum height 1m above ground level. (b)  Maximum grade 1:14 and otherwise in compliance with Australian Standards. (c)  Must be located a minimum of 1.5 m from site boundaries.
Advertising structures	General requirements (a)  The erection of the advertising structure must comply with all the requirements of the Building Code of Australia, including Part B1 (Structural Provisions). (b)  Signs must not cover mechanical ventilation inlet or outlet vents. (c)  Advertising structures within a public road reserve must be at least 0.6m from kerb/roadway edge. (d)  Flashing signs are not exempt in any zone. (e)  No restrictions on advertising where displayed within a building and the advertisement is not visible from a public place, although it may be visible through openings at the ground and first floor levels of business premises, shops, food shops, restaurants, industrial premises, warehouses or bulky goods outlets.
1 Street and traffic signs (including street name plates, directional signs, advance traffic warning signs, traffic signs and traffic signal devices)	(a)  Construction must be by or on behalf of the Council or the Roads and Traffic Authority. (b)  Must be designed, fabricated and installed in accordance with relevant Standards Australia standards.
2 Business advertising
(a)  Suspended under awning signs	(a)  One per premises. (b)  Must not exceed 1.5m2 in area and, if over a public road, must be suspended with a clearance of no less than 2.6m above ground or pavement level. (c)  Must relate to the use of premises.
(b)  Awning fascia signs	(a)  Must relate to the use of the premises to which the fascia is attached. (b)  Where a development control plan for a business centre applies, the background colour, and all lettering colours and styles on the awning fascia must comply with the requirements of that plan.
(c)  Under awning advertising (on building facades)	Must relate to the use of the building.
(d)  A-frame signs and shopfront displays	(a)  Must comply with the approved development control plan for A-frame advertising boards and shopfront display. (b)  A lease or licence for the structure must be obtained from the Council before the sign or shopfront display is erected.
3 Industrial advertising	(a)  One advertising sign of a maximum of 5m2 in area is permitted and it must be fixed flush to the front elevation of the industrial building or industrial unit, to a maximum height of 4.5m above ground level and not project above the parapet of the building or the eaves line where the building has a pitched roof. (b)  Freestanding directory boards for multiple occupancy complexes are permitted within the property boundary/premises subject to the total area of the board or boards not exceeding 5m2 in area and a maximum height of 4.5m above ground level. (c)  All signage must relate to the activity on the site.
4 Temporary signs
(a)  Real estate signs	(a)  Must only advertise premises or land for sale or lease. (b)  One sign per premises and located within property boundaries. (c)  Sign must not exceed 2.5m2 in area. (d)  Not exempt more than 14 days after completion of the sale or granting of the lease.
(b)  Construction signs (signs advertising firms involved in construction of a building)	(a)  Only during construction of the building. (b)  One composite sign per premises only and the sign must be located within the property boundaries. (c)  Any signage must not exceed 2.5m2 in area.
(c)  Special event sign	(a)  Must be displayed only on the property where the special event is to be held. (b)  Must be constructed of lightweight, banner type material. (c)  Not exempt for more than 14 days before the special event or more than 48 hours after the event is finalised.
(d)  Inflatable promotional signs	(a)  Must be displayed only on the property where the promotion is to be held. (b)  Not exempt development if displayed for more than 7 consecutive days, more than 4 times or for a total of more than 28 days in any year or later than 48 hours after the relevant promotion is finalised.
5 Home activity identification signs	(a)  One per premises. (b)  Signs must not exceed 0.5m2 in area and be affixed to the dwelling no higher than 3 metres above ground or pavement level and below the eaves line of the building.
6 Community advertising	(a)  A permanent fixed sign must not exceed 1.5m2 in area and must not be higher than 3m above the ground or pavement level. (b)  A temporary sign may not display an advertisement for more than 7 consecutive days or for a total of more than 28 days in any year.
Aerials/Antennae/Microwave antennae/Satellite dishes	(a)  For receiving purposes only. (b)  Must not have substantial adverse impact on views enjoyed by adjoining and neighbouring premises. For Satellite dishes only: (a)  Maximum diameter 750mm. (b)  Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will serve. (c)  Must not be installed forward of the building line or on roof areas visible from the road. (d)  Must not be visible from any public place, including roads, public open space, public recreation areas and waterways. (e)  The dish and supporting structure must be finished in a non- reflective colour, which blends in with the surrounding environment.
Air conditioning units	(a)  External units must not be attached above the second storey on residential buildings, unless located on a balcony where the air conditioning unit is not clearly visible from street level. (b)  Roof mounted air conditioning units are permitted on industrial premises only. (c)  Must not be located within the street facing elevation or within the front building setback if ground mounted. (d)  Must be located a minimum of 0.5m from any side or rear boundaries. (e)  Any air conditioning unit must not include a cooling tower as part of the system. (f)  Any building work must not reduce the structural integrity of the building. (g)  Any opening created must be adequately weatherproofed. (h)  The noise level generated by the air conditioning unit must not exceed an LAeq of 5 dB(A) above background noise level when measured at the property boundary. Despite this, domestic air conditioning units must not be audible within any room of any adjoining premises, from 10pm to 7am on weekdays or 10pm to 8am on weekends or public holidays. (i)  Any noise emitted must not include any tonal, impulsive or intermittent characteristics. (j)  Must be maintained and installed in compliance with Australian Standards AS/NZS 1668.1:1998, AS 1668.2—2002, AS/NZS 3666.1:2002, AS/NZS 3666.2:2002 and AS/NZS 3666.3:2000.
Awnings, canopies and security/storm blinds or shutters	(a)  Must be retractable. Note— See “Pergolas, and fixed awnings etc” for fixed attachments. (b)  Must not be installed above the second storey of any building. (c)  This exemption is not applicable to security blinds or shutters on the street front elevation of business buildings or business shopfront awnings.
Barbecues (portable and fixed structures)	(a)  All barbecues are to be located so that they do not cause a nuisance while being used. (b)  Maximum height of fixed structure 2.7m from ground level. (c)  Fixed structures must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  For fixed structures, a minimum 0.5 m setback from side or rear boundaries, except where a heat shield is incorporated or adjoins non-combustible fence. (e)  Barbeques must be located so that the risk of the spread of fire from the barbecue to any other structure is minimised.
Bird aviaries and pet animal shelters	(a)  Maximum area 10m2. (b)  Maximum height 2.7m from ground level. (c)  Must be located in rear or side yard areas only. (d)  Must be located away from the boundary a minimum of 0.5 m. (e)  Limit of one bird aviary per property. (f)  An aviary for fowls (poultry, including domestic fowl, chickens or guinea fowls) and small birds must not be located within 4.5m of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food. (g)  An aviary for poultry (other than fowls) must not be located within 30m of any building referred to in paragraph (f). (h)  All poultry or fowls must be kept in accordance with Part 3 of and Division 2 of Schedule 5 to the Local Government (Orders) Regulation 1999. (i)  Fowls are limited to a maximum of 20, and other poultry to a maximum of 5. (j)  The floors of poultry houses within 15.2m of a dwelling, public hall or school must be paved with concrete or mineral asphalt underneath the roosts or perches, unless situated on clean sand.
Building alterations (external)	General requirements (a)  Does not apply to: (i)  residential flat buildings, or (ii)  the principal street frontage of buildings in the 3 (a) General Business, 3 (b) Neighbourhood Business, 4 (a) General Industrial or 9 (a) Mixed Residential/Business zone, or (iii)  any development in the 5 (a) Special Uses, 6 (a) Public Recreation or 6 (b) Private Recreation zone. Note— See Schedule 5 (Complying development) for external building alterations. (b)  Work must be non-structural. (c)  Applies only to alterations or renovations to previously completed buildings. (d)  Works are not to include changes to the footprint or increase floorspace of the buildings or residential use of rooms whether by removal of existing walls, partitions or by other means. This does not exclude bay windows up to 0.3m from the existing alignment of the wall. (e)  Works are not to include repositioning or enlarging of windows above ground level. (f)  Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas. (g)  Any work involving lead paint removal must not cause lead contamination of the air or ground or water.
(a)  Recladding of roofs or walls	(a)  Replacement of existing materials must be with similar materials which do not increase the reflectivity. (b)  Recladding not to involve structural alterations, change to roof shape or roof pitch, or brick veneering.
(b)  Skylight roof windows (including solartube or similar type installations and roof ventilators)	(a)  The building work must not reduce the structural integrity of the building or involve structural alterations. (b)  Any opening created by the installation must be adequately weatherproofed.
(c)  Windows, glassed areas and external doors	(a)  Replacement materials must comply with: Australian Standard AS 1288—1994Glass in buildings—Selection and installation and AS/NZS 2208:1996Safety glazing materials in buildings. (b)  Opaque or other obscured glazing must be replaced with similar opaque glazing so as not to impact on the privacy of neighbouring properties.
Building alterations (internal) (a)  Business/Industrial	(a)  Does not include alterations to premises for the preparation or storage (or both) of food for sale to the public. (b)  Works must be non-structural, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building. (c)  Works must not compromise fire safety or affect accessibility to fire exits. (d)  Must not increase existing floor area of premises. (e)  Must be an alteration to an existing building.
(b)  Residential	(a)  Works must be non-structural. (b)  Applies only to alterations or renovations to previously completed buildings. (c)  Works are not to include changes to the footprint of the dwelling or residential use of rooms whether by removal of existing walls, partitions or by other means. (d)  Works may include replacement of internal doors, walls, windows, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials. (e)  Works may include renovation of bathrooms, kitchens, and inclusion of built-in fixtures such as vanities, cupboards and wardrobes. (f)  Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas. (g)  Works must not increase external size and envelope of the existing building. (h)  Works are not to include installation of oil or solid fuel heating appliances. (i)  Does not include alterations to premises for the preparation or storage (or both) of food for sale to the public.
Bushfire hazard reduction	Work must be carried out consistent with a bush fire management plan made pursuant to section 52 of the Rural Fires Act 1997.
Cabanas and gazebos	(a)  Maximum area 10m2 per structure. (b)  The floor must be located at or near ground level. (c)  Maximum height of 4.0m from ground level. (d)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e)  Structures must be sited a minimum of 0.5m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora) where the minimum setback is to be 1.5m. (f)  Maximum total floorspace of combined structures in this category is 40m2.
Changes of use (Different use resulting from change of use of: (a)  business premises, shop, restaurant, food shop or sex shop to business premises, or (b)  business premises, shop, restaurant, food shop or sex shop to shop or different kind of shop, or (c)  food shop to different kind of food shop, or (d)  restaurant to a different kind of restaurant, or (e)  bulky goods outlet to different kind of bulky goods outlet, or (f)  industry to different kind of industry, or (g)  warehouse to different kind of warehouse.)	(a)  The following changes of use of premises within the 9 (a) Mixed Residential/Business zone are not included: (i)  business premises to shop, (ii)  shop to business premises, and (iii)  restaurant, food shop or sex shop to business premises or shop. (b)  Does not include a change of use to a sex shop. (c)  Hours of operation are limited generally to between 6am and 9pm daily for all uses except industrial uses where the hours of operation are limited to between 6am and 7pm Monday to Saturday with no use on Sundays or public holidays. (d)  The change of use is not to include any change to existing floorspace, parking, landscaping or waste facilities approved for the development.
Clothes hoists/lines	(a)  Must be installed at ground level. (b)  Must be located behind the building or in the side or rear yard. (c)  Must not be located on balconies or elevated decks.
Decks and patios	(a)  The finished surface level must not be greater than 1m above ground level. (b)  The structure must not exceed an area of 20m2. (c)  The structure must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  Sufficient step down is to be provided to prevent the entry of water into any associated dwelling. (e)  Decks and patios 0.5m or less above natural ground level must be located a minimum 0.9m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora) where the minimum setback is to be 1.5m. (f)  Decks and patios greater than 0.5m above natural ground level, or decks to swimming pools, must be located a minimum of 1.5m from side and rear boundaries.
Demolition of a structure	(a)  Demolition of a structure is only exempt development if erection of that structure would be exempt development, or where an order to demolish has been issued by the Council under the Environmental Planning and Assessment Act 1979. (b)  Does not apply to demolition of a structural retaining wall. (c)  Does not apply to the decontamination, rehabilitation or remediation of contaminated land. (d)  Demolition must be carried out in accordance with Australian Standard AS 2601—2001Demolition of structures.
Driveways and pathways	(a)  Does not apply to works on public land except for driveways or pathways constructed by or on behalf of the Council. (b)  Must be structurally sound and of stable construction. (c)  Must not be elevated or suspended above ground level or involve excavation greater than 0.6m. (d)  Driveway or access gradients must be designed to align with footpath crossing levels issued by the Council and must comply with the access gradient requirements of Australian Standard AS 2890.1—1993Parking facilities, Part 1: Off-street car parking. (e)  Must be graded and drained so as not to cause a drainage nuisance to adjoining property or footpath area.
Fences and gates (including replacement of existing fences or gates)	General requirements (a)  Does not apply to fences required by the Swimming Pools Act 1992. (b)  Does not apply to fencing of street frontages of land occupied by dual occupancies, townhouses or villas. (c)  Does not apply to fences or gates for residential flats. (d)  All fences are to be constructed so as not to create a drainage nuisance. (e)  Does not apply to fencing along the street boundary of land occupied by dual occupancies, townhouses or villas. (f)  Does not apply to waterfront properties in Sylvania Waters where fencing between the rear of the dwelling and the waterway is restricted to a maximum 1.2m high open form fencing.
(a)  Front fences (including side fences between the building line and the street or any other public place)	(a)  Does not apply to front fences in Alfords Point, Barden Ridge, Bangor, Bonnet Bay, Illawong, Lucas Heights, Menai, Woronora Heights or land at Sylvania Waters where covenants apply to the land that restricts erection of front fencing. (b)  Does not apply to commercial premises. (c)  A maximum height of 1m. (d)  An open form front fence, to a maximum height of 2.5m, is permitted on industrial premises but only where set behind existing landscaping carried out with consent.
(b)  Side fences and rear fences (fences behind the building line)	(a)  Maximum height of 1.8m if constructed of timber, metal or lightweight materials, all other materials maximum height of 1.0m. (b)  Open form fencing to a maximum height of 2.5m is permitted on industrial premises.
Flagpoles	(a)  Maximum height 6.0m above ground level. (b)  Must not project beyond property boundaries. (c)  Limit of one flagpole per property. (d)  Not used to display flag larger than 1m2. (e)  Not used to display flags for advertising purposes.
Greenhouses, garden sheds, studios, cubby houses and playground equipment	(a)  Maximum area 10m2 per structure. (b)  The floor must be located at or near ground level. (c)  Maximum height of 4.0m from ground level. (d)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e)  Structures must be sited a minimum of 0.5m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora) where the minimum setback is to be 1.5m. (f)  Maximum total floorspace of combined structures in this category is 40m2. (g)  Maximum area and height requirements do not apply where the structures are located on land zoned 5 (a) Special Uses.
Home activities	(a)  The activity must not interfere with the amenity of the area by reason of such things as vehicular traffic, parking, noise, vibration, smell, fumes, smoke, water or other waste products. (b)  Any sound producing plant, equipment, machinery or fittings associated with or forming part of a mechanical ventilation system or refrigeration system, which is installed as part of a home activity, must be sound insulated or isolated (or both). (c)  Noise emitted must not exceed an LAeq of 5dB(A) above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. The method of measurement of sound must be carried out in accordance with Australian Standard AS 1055.1—1997Acoustics—Description and measurement of environmental noise—General procedures. (d)  Any noise emitted must not include any tonal, impulsive or intermittent characteristics. (e)  Hours of operation for the activity are limited to between 8am and 6pm Monday to Saturday.
Letter box	Must not exceed a maximum height of 1.2m above ground level.
Outdoor eating areas	(a)  Must comply with the approved development control plan for outdoor eating areas. (b)  A licence for the activity must be obtained from the Council before any outdoor eating activities are undertaken.
Pergolas, and fixed awnings, shade structures/sunshades at ground floor level or over an existing first floor deck	(a)  Maximum area 20m2 per structure. (b)  Maximum height 2.7m above ground level where proposed at ground floor level. (c)  Maximum height 2.7m above existing first floor or deck level where proposed over an existing elevated deck. (d)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e)  Must be located a minimum of 0.5m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora), where the minimum is 1.5m. (f)  Does not apply to business shopfront awnings. (g)  Maximum area and height requirements do not apply where the structure is located on land zoned 5 (a) Special Uses.
Public facilities and amenities (new construction and use) (includes such things as playground equipment, public toilet facilities, staircases, recreational, sporting, entertainment and cultural activities, works for the purpose of landscaping, gardening, beach and foreshore protection works, lighting and night-time activities, traffic management facilities, public transport facilities, street furniture, security equipment or devices, goal posts, sight screens and similar ancillary sporting structures)	(a)  Approved by the Council and undertaken by or on behalf of the Council, or if on Crown land where consultation with the Department of Land and Water Conservation has occurred or, in the case of traffic management facilities, must be undertaken by or on behalf of the Roads and Traffic Authority. (b)  Works must be located on land under the control of the Council or the Roads and Traffic Authority. (c)  Must be designed, fabricated and installed in accordance with any relevant Australian Standards and the Building Code of Australia. (d)  Bus shelters and seats with ancillary advertising must comply with the requirements of the development control plan for bus shelters and seats. (e)  Park and street furniture (for example, seats, bins, picnic tables, barbecues etc) must comply with the requirements of any applicable development control plan or adopted plan of management. (f)  The following works or uses may only be exempt if in accordance with an adopted plan of management: (i)  temporary uses, such as markets, concerts, fetes etc, (ii)  public toilet facilities, (iii)  installation of lighting to enable the night use of recreational facilities.
Retaining walls	(a)  Not if any site filling or raising of site levels greater than 0.3m will occur within 1.5m of side or rear boundaries. (b)  Maximum height 0.6m. (c)  Masonry walls to comply with Australian Standards AS 3700—2001Masonry structures, AS 3600—1994Concrete structures and AS/NZS 1170.0: 2002, AS/NZS 1170.1: 2002, AS/NZS 1170.2: 2002 and AS 1170.4—1993Structural design actions and Minimum design loads on structures. (d)  Timber walls to comply with Australian Standards AS 1720.1—1997, AS 1720.2—1990 and AS 1720.4—1990Timber structures and AS/NZS 1170.0: 2002, AS/NZS 1170.1: 2002, AS/NZS 1170.2: 2002 and AS 1170.4—1993Structural design actions and Minimum design loads on structures. (e)  All retaining walls are to be constructed so as not to cause a drainage nuisance. (f)  Maximum length of 20 lineal metres of retaining wall per property. (g)  Not if there are two or more wall rises or drops in succession.
Water heaters (includes heat pump hot water heaters and solar water heaters)	(a)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (b)  The installation must not reduce the structural integrity of the building or involve structural alterations. (c)  The development must comply with the provisions of the Building Code of Australia for fire separation if in multi-unit housing. (d)  The noise level generated must not exceed an LAeq of 5 dB(A) above background noise level when measured at the property boundary. Despite this, domestic water heaters must not be audible within any room of any adjoining premises, from 8pm to 7am on weekdays and 10pm to 8am on weekends or public holidays. (e)  Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will serve. (f)  Trees must not be lopped in order to achieve solar access for solar water heaters.
Water tanks	(a)  Not if a below ground tank or on land that requires excavation. (b)  Maximum height 2.7m from ground level. (c)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  Tanks must be located a minimum of 0.5m from side and rear boundaries. (e)  Maximum capacity of 1,600 litres. (f)  Suitable proofing for the prevention of mosquito breeding must be provided. (g)  Rainwater tank overflows must be connected to an approved stormwater system.

sch 4: Subst 15.7.2002.

Schedule 5 Complying development—general provisions

(Clause 18)

Part 1 Complying development in the following zones:

Zone 2 (a1) Residential

Zone 2 (a2) Residential

Zone 2 (b) Residential

Zone 2 (e1) Residential

Zone 2 (e2) Residential

Development consisting of the erection or carrying out of the following:	Development standards and other requirements
Building alterations (internal)	(a)  Work must not reduce fire safety or accessibility to a fire exit. (b)  Applies only to alterations or renovations to previously completed buildings. (c)  Works must not include installation of oil or solid fuel heating appliances. (d)  Work on that part of residential premises used for the purpose of preparation or storage (or both) of food for sale to the public as part of a home activity use, must comply with the Food Regulation 2001 and the Council’s Code for Food Premises and Code for Commercial Home Catering. Work does not include installation of any commercial mechanical exhaust ventilation system.
Cabanas and gazebos	(a)  Maximum area of 40m2 per structure. (b)  Maximum height of 4.0m from ground level for all structures. (c)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  Must be located a minimum of 0.5m off side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora), where the minimum is 1.5m. (e)  The finished floor level must be no more than 1.0m above ground level at any point.
Decks and Patios	(a)  The finished surface level must not be greater than 1m above ground level. (b)  The structure must not exceed an area of 40m2. (c)  The structure must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  Sufficient step down is to be provided to prevent the entry of water into any associated dwelling. (e)  Must be located a minimum of 0.9m from side and rear boundaries if situated 0.5m or less above natural ground level, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora) where the minimum setback is to be 1.5m. (f)  Must be located a minimum of 1.5m from side and rear boundaries if situated more than 0.5m above natural ground level or are decks to swimming pools.
Demolition	(a)  Not including decontamination, rehabilitation or remediation of a contaminated site. (b)  Demolition must be in accordance with any relevant Australian Standards.
Fences, Gates and Retaining Walls	(a)  Not within the front building line setback in areas west of Woronora River (excluding Woronora), Sylvania Waters, Woronora Heights and Bonnet Bay. (b)  Front fences within the front building line must not exceed a maximum height of 1.0m above ground level. (c)  Side or rear fences must not exceed a maximum height of 1.8m above ground level. (d)  Retaining walls: (i)  must be located a minimum of 0.5m from a boundary line, and (ii)  must not exceed a maximum height of 1.0m above ground level, and (iii)  maximum length of 20 lineal metres of retaining wall per property. (e)  Does not apply to fencing along the street boundary of land occupied by dual occupancies, townhouses or villas. (f)  Does not apply to waterfront properties in Sylvania Waters where fencing between the rear of the dwelling and the waterway is restricted to a maximum 1.2m high open form fencing.
Garages	(a)  Maximum gross floor area of 40m2 per structure. (b)  Maximum height 4.0m from ground level for all structures. (c)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  Must be located a minimum of 0.9m off side boundaries or 0.5m if detached and to the rear of the building, except in 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora), where the minimum is 1.5m. (e)  The finished floor level must be no more than 1.0m above ground level at any point.
Greenhouses, garden sheds, studios, cubby houses	(a)  Maximum gross floor area of 40m2 per structure. (b)  Maximum height 4.0m from ground level for all structures. (c)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  Must be located in rear or side yards. (e)  Must be located a minimum of 0.9m off side boundaries or 0.5m if detached and to the rear of the building, except in 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora), where the minimum is 1.5m. (f)  The finished floor level must be no more than 1.0m above ground level at any point.
Pergolas, awnings, shade structures/sunshades, carports	(a)  Maximum area of 40m2 per structure. (b)  Maximum height of 4.0m from ground level for all structures. (c)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)  Must be located a minimum of 0.5m off side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora), where the minimum is 1.5m. (e)  The finished floor level must be no more than 1.0m above ground level at any point.
Seawalls	(a)  Only applies to seawalls on land zoned 2 (a1) Residential in Sylvania Waters. (b)  Reconstruction, replacement or maintenance of existing seawalls only.
Single storey single dwelling houses and ground floor single storey additions or alterations to single dwelling houses	(a)  Maximum height of 5.4m from ground level to the highest point of the roof. (b)  Must be located a minimum of 0.9m off side boundaries, except in 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora), where the minimum is 1.5m. (c)  Must be located a minimum of 4.5m from rear boundaries. (d)  Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e)  The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. (f)  All fill must be retained within the perimeter of the buildings. (g)  For new dwellings, two car parking spaces must be provided behind the building line. (h)  Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1—1993Parking facilities, Part 1: Off-street car parking. (i)  Any driveways provided must be designed to align with footpath crossing levels issued by the Council. (j)  New dwellings must be entitled to at least a 3.5 star rating under the National House Energy Rating Scheme (NatHERS). (k)  Alterations or additions must comply with the energy efficiency standards in the applicable development control plan. (l)  Works are not to include installation of oil or solid fuel heating appliances. (m)  Must comply with Council’s construction standards for buildings located in bushfire prone areas or relevant Council building standards. (n)  Work on that part of residential premises used for the purpose of preparation or storage (or both) of food for sale to the public as part of a home activity use, must comply with the Food Regulation 2001 and the Council’s Code for Food Premises and Code for Commercial Home Catering. Work does not include any commercial mechanical exhaust ventilation system.
Subdivision for one or more of the following purposes only: (a)  widening of a public road by a public authority, or (b)  adjusting a boundary between allotments, but only if the new lots comply with this plan. The subdivision must not result in an increased number of lots, the re-orientation of the existing allotments or redefinition of the Mean High Water Mark, or (c)  correcting an encroachment on an allotment, but only if the new lots comply with this plan, or (d)  strata subdivision of any building, except dual occupancy housing, approved and constructed after 1 July 1988, subject to the development conforming with all conditions of any applicable development consent, or (e)  consolidation of allotments, if it is development, or (f)  the creation of an allotment for public reserve purposes but only where the residue lot or lots comply with the minimum size standards of this plan.
Swimming pools, spas and safety fencing	(a)  Must be located in the rear or side yard. (b)  Must be located a minimum of 1.0m distance from side or rear boundaries to the water. (c)  Pools (including in-ground or above-ground) must not exceed 1.0m above ground level with no attached decking within 1.5m of side and rear boundaries (refer to Decks and Patios). (d)  Safety fencing must comply with the Swimming Pools Act 1992 and Australian Standard AS 1926.2—1995Swimming pool safety, Part 2: Location of fencing for private swimming pools. (e)  Swimming pool/spa pump and associated equipment must be sound insulated or isolated (or both) so that the noise emitted does not exceed an LAeq of 5 dB (A) above background noise level in any octave band from 63.0 Hz centre frequencies inclusive at the property boundary, measured in accordance with Australian Standard AS 1055.1—1997Acoustics—Description and measurement of environmental noise—General procedures.

Part 2 Complying development in the following zones:

2 (c) Residential

3 (a) General Business

3 (b) Neighbourhood Business

4 (a) General Industrial

5 (a) Special Uses

5 (b) Special Uses (Railways)

6 (b) Private Recreation

9 (a) Mixed Residential/Business

Development consisting of the erection or carrying out of the following:	Development standards and other requirements
Building alterations (external)	(a)  Building must be an existing building authorised by a consent. (b)  Only where there is an applicable development control plan or plan of management that specifies standards for the external treatment or appearance of the building and only where the development complies with the requirements of the applicable development control plan or plan of management. (c)  Work must not reduce fire safety or accessibility to a fire exit. (d)  Work must not contravene any conditions of any development consent applicable to the building or its use.
Building alterations (internal)	(a)  Building must be an existing building authorised by a consent. (b)  Work must not reduce fire safety or accessibility to a fire exit. (c)  Work must not increase the existing gross floor area of industrial premises except where it is an internal mezzanine floor, where that area may be increased by up to a maximum floor area of 50m2 but only for the purpose of storage or amenities. (d)  Work must not increase existing gross floor area of business premises, including extensions within pedestrian arcades. (e)  Work on that part of residential premises used for the purpose of preparation or storage (or both) of food for sale to the public as part of a home activity use, must comply with the Food Regulation 2001 and the Council’s Code for Food Premises and Code for Commercial Home Catering. Work does not include any commercial mechanical exhaust ventilation systems. (f)  Work on food shops or restaurants must comply with the Food Regulation 2001, the Council’s Code for Food Premises, the Clean Air (Plant and Equipment) Regulation 1997, the Protection of the Environment Operations Act 1997, AS/NZS 1668.1:1998 and AS 1668.2—2002. Alterations to an existing food shop or restaurant do not include the construction or installation of an externally mounted or located exhaust duct, fan or refrigeration unit. (g)  Work on hairdressers, beauty salons or skin penetration premises must comply with the Public Health Act 1991 and Regulations under that Act, the NSW Health Department’s Skin Penetration Guidelines, published in July 1999 (if appropriate) and the Local Government (Orders) Regulation 1999. (h)  Existing sound producing machinery or fittings associated with or forming part of the existing mechanical ventilation system or refrigeration system, must be sound insulated or isolated (or both) so that the noise emitted does not exceed LAeq of 5 dB(A) above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site (in accordance with any relevant Australian Standards). Any noise emitted must not include any tonal, impulsive or intermittent characteristics.
Demolition	(a)  Demolition is only permitted of a building the erection of which is identified in this Schedule as complying development. (b)  Not including decontamination, rehabilitation or remediation of a contaminated site. (c)  Demolition must be carried out in accordance with any relevant Australian Standards.
Seawalls	(a)  Only applies to seawalls on land in the 6 (b) Private Recreation zone in Sylvania Waters. (b)  Reconstruction, replacement or maintenance of existing seawalls only.
Subdivision for one or more of the following purposes only: (a)  widening of a public road by a public authority, or (b)  adjusting a boundary between allotments, but only if the new lots comply with this plan. The subdivision must not result in an increased number of lots, the re-orientation of the existing allotments or redefinition of the Mean High Water Mark, or (c)  correcting an encroachment on an allotment, but only if the new lots comply with this plan, or (d)  strata subdivision of any building, except dual occupancy housing, approved and constructed after 1 July 1988 subject to the development conforming with all conditions of any applicable development consent, or (e)  consolidating allotments, if it is development, or (f)  the creation of an allotment for public reserve purposes but only where the residue lot or lots comply with the minimum size standards of this plan.

sch 5: Subst 15.7.2002.

Schedule 6 Reclassification of public land as operational land

(Clause 21)

Cronulla
Masefield Place	Lots 8 and 9, DP 238755
Gymea
Carter Crescent	Lot 23, DP 28324
Heathcote
Princes Highway	Lot 3, DP 230603
Sutherland
Vermont Street	Lot 3, DP 181070

Schedule 7 Maps

(Clauses 5, 23, 65 and 69)

Editorial note—

This map, as inserted by Gazette No 38 of 8.2.2002, p 788, was renumbered as “Map 22:1–7 Robertson Street and Part of Harvard Lane” by Gazette No 57 of 8.3.2002, p 1532.

sch 7: Am 16.3.2001; 18.5.2001; 29.6.2001; 20.7.2001; 21.12.2001; 8.2.2002; 8.3.2002; 15.7.2002; 9.8.2002; 23.8.2002.