Table Of Contents

Randwick Local Environmental Plan 1998

Part 1 Preliminary
1   Name of plan
This plan is called Randwick Local Environmental Plan 1998.
2   Aims
The aims of this plan are:
(a)  to consolidate and review existing planning controls in the City of Randwick, and
(b)  to reduce the number of zones into which land is divided, and
(c)  to create a broad framework of planning controls within which the Council may prepare development control plans to formulate and adopt more detailed policies and guidelines relating to matters of significance for local environmental planning, and
(d)  to ensure that development is carried out in such a way as to allow the economic and efficient provision of public services and amenities, and
(e)  to ensure the conservation of the environmental heritage and aesthetic character of the City, and
(f)  to facilitate and encourage community consultation and participation in the planning process, and
(g)  to promote, protect and enhance the environmental qualities of the City, and
(h)  to recognise the importance of ecological sustainability in the planning and development processes, and
(i)  to recognise the responsibilities of accountability in the planning processes, and
(j)  to enhance individual and community economic well-being and welfare and safeguard the welfare of future generations, and
(k)  to encourage consideration of social consequences when decisions are made in the implementation of this plan.
Purpose: To establish and specify the aims of this plan.
3   Land to which plan applies
This plan applies to all land situated in the City of Randwick.
Purpose: To identify the land that this plan applies to.
4   Relationship to other environmental planning instruments
(1)  This plan repeals:
(a)  the Randwick Planning Scheme Ordinance, and
(b)  Randwick Local Environmental Plan No 71 (Coogee Precinct), and
(c)  all other local environmental plans, other environmental planning instruments and deemed environmental planning instruments which, immediately before the appointed day, applied to land to which this plan applies, but to the extent only to which those plans so applied to that land.
(2)  Despite subclause (1) (c), the following continue to apply to the land to which this plan applies:
(h)  State Environmental Planning Policy No 33—Offensive and Hazardous Development,
(k)  Sydney Regional Environmental Plan No 7—Multi-Unit Housing: Surplus Government Sites.
Purpose: To establish the relationship between this plan and other environmental planning instruments, particularly the previous local planning controls and State policies and regional plans.
5   Suspension of certain covenants etc
(1)  For the purpose of enabling development to be carried out in accordance with this plan or with a consent granted under the Act, the operation of any covenant, agreement or similar instrument imposing restrictions on development shall not apply to the development (to the extent necessary to serve that purpose).
(2)  Nothing in subclause (1) affects the rights or interests of any statutory authority under any registered instrument.
(3)  Pursuant to section 28 of the Act, before the making of this plan, the Governor approved of subclauses (1) and (2).
Purpose: To nullify the effect of any covenant or similar type of restriction that would purport to restrict or prohibit development that would otherwise be allowable under the provisions of this plan.
6   Consent authority
The Council is the consent authority for the purposes of this plan.
Purpose: To nominate the Council as the authority for the granting of consents required by this plan.
7   Savings
(1)  Any development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the environmental planning instruments that were in force immediately before the commencement of this plan.
(2)  However, when determining an application to which this clause applies, the Council must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.
Purpose: To provide protection for development applications lodged prior to the gazettal of this plan and establish that those applications are to be assessed and determined under the planning controls that applied at the time of lodgement of the application. Subclause (2) requires the provisions of this plan to still be considered (in the same way as if it were a draft plan) in the determination of applications to which the savings provision applies.
Part 2 Zones
8   Zones
The Table below specifies the zones that apply in the City of Randwick and how those zones are shown on the map.
Table
Zone No 2A (Residential A Zone)—coloured light pink
Zone No 2B (Residential B Zone)—coloured medium pink
Zone No 2C (Residential C Zone)—coloured dark pink
Zone No 2D (Residential D—Comprehensive Development Zone)—coloured medium pink with green vertical hatching
Zone No 3A (General Business Zone)—coloured light blue
Zone No 3B (Local Business Zone)—coloured dark blue
Zone No 4A (Industrial Zone)—coloured light purple
Zone No 4B (Port Botany Zone)—coloured dark purple
Zone No 5 (Special Uses Zone)—coloured yellow
Zone No 6A (Open Space Zone)—coloured dark green
Zone No 6B (Private Open Space Zone)—coloured light green
Zone No 7 (Environmental Protection—Natural Heritage Areas Zone)—coloured grey-green
Zone No 8 (National Parks Zone)—uncoloured and edged dark green
Purpose: To specify the zones that apply to land under the provisions of this plan and how they are shown on the map.
cl 8: Am 9.5.2003.
9   Objectives
The Council may grant consent to the carrying out of development on land to which this plan applies only after it has considered the extent to which the proposed development is consistent with the general aims of this plan and the specific objectives of the zone within which the development is proposed.
Purpose: To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications.
10   Zone No 2A (Residential A Zone)
(1)  The objectives of Zone No 2A are:
(a)  to maintain the character of established residential areas, and
(b)  to allow for a range of community facilities to be provided to serve the needs of residents, workers and visitors, and
(c)  to enable redevelopment for low density housing forms, including dwelling houses, dual occupancy, semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development, and
(d)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Group homes;
Public utility undertakings;
Recreation.
(3)  Development for the purpose of the following requires development consent:
Attached dual occupancy;
Bed and breakfast accommodation;
Boarding houses;
Child care centres;
Communication facilities;
Community facilities;
Dwelling houses;
Educational establishments;
Health consulting rooms;
Home activities;
Outdoor advertising;
Places of worship;
Public transport;
Recreation facilities;
Roads.
(4)  Any development not included in subclause (2) or (3) is prohibited.
cll 10–12: Am 21.7.2000.
11   Zone No 2B (Residential B Zone)
(1)  The objectives of Zone No 2B are:
(a)  to allow a variety of housing types within residential areas, and
(b)  to allow for a range of community facilities to be provided to serve the needs of residents, workers and visitors, and
(c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area, and
(d)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Group homes;
Public utility undertakings;
Recreation.
(3)  Development for the purpose of the following requires development consent:
Bed and breakfast accommodation;
Boarding houses;
Child care centres;
Communication facilities;
Community facilities;
Dwelling houses;
Educational establishments;
Health consulting rooms;
Home activities;
Multi-unit housing;
Outdoor advertising;
Places of worship;
Public transport;
Recreation facilities;
Roads;
Serviced apartments.
(4)  Any development not included in subclause (2) or (3) is prohibited.
cll 10–12: Am 21.7.2000.
12   Zone No 2C (Residential C Zone)
(1)  The objectives of Zone No 2C are:
(a)  to allow a variety of housing types within residential areas, and
(b)  to allow a range of community facilities to be provided to serve the needs of residents, workers and visitors, and
(c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas, and
(d)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Group homes;
Public utility undertakings;
Recreation.
(3)  Development for the purpose of the following requires development consent:
Bed and breakfast accommodation;
Boarding houses;
Car parks;
Child care centres;
Communication facilities;
Community facilities;
Dwelling houses;
Educational establishments;
Health consulting rooms;
Home activities;
Hospitals;
Motels;
Multi-unit housing;
Outdoor advertising;
Places of worship;
Public transport;
Recreation facilities;
Roads;
Serviced apartments.
(4)  Any development not included in subclause (2) or (3) is prohibited.
cll 10–12: Am 21.7.2000.
12A   Zone No 2D (Residential D—Comprehensive Development Zone)
(1)  The objectives of Zone No 2D are:
(a)  to allow the comprehensive redevelopment of land for primarily residential and open space purposes, and
(b)  to enable development that is not inconsistent with a master plan adopted under clause 40A, and
(c)  to allow a range of community facilities to be provided to serve the needs of residents, workers and visitors, and
(d)  to enable residential development in a variety of density and housing forms, where such development does not adversely affect the amenity and function of surrounding areas, and
(e)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality, and
(f)  to allow a limited range and scale of non-residential uses, that are compatible with residential amenity on land identified for those uses within a master plan adopted under clause 40A.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Public utility undertakings;
Recreation.
(3)  Demolition, remediation or development for the purpose of the following requires development consent:
Bed and breakfast accommodation;
Boarding houses;
Car parks (ancillary to primary land use);
Child care facilities;
Communication facilities;
Dwelling houses;
Educational establishments;
Group homes;
Health consulting rooms;
Home activities;
Multi-unit housing;
Outdoor advertising;
Places of worship;
Public transport;
Recreation facilities;
Restaurants;
Residential care facilities;
Roads;
Serviced apartments.
(4)  Any development not included in subclause (2) or (3) is prohibited.
cl 12A: Ins 9.5.2003.
13   Zone No 3A (General Business Zone)
(1)  The objectives of Zone No 3A are:
(a)  to maintain the viability of existing business centres, and
(b)  to facilitate development of land, in places identified by the Council as suitable to be used as business centres, for commercial, retail, residential and community purposes:
(i)  by introducing appropriate floor space ratio controls, and
(ii)  by encouraging economically viable retail cores which are centrally located and in close proximity to public transport, and
(iii)  by enhancing employment opportunities and servicing the needs of the local and regional community, and
(iv)  by encouraging and facilitating the use of public transport, and
(v)  by providing and enhancing pedestrian and public open space areas for shoppers and workers, and
(vi)  by maintaining and improving the environmental and aesthetic qualities of the City of Randwick,
(c)  to minimise the impact of development on adjoining and nearby residential zones.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Public utility undertakings;
Recreation.
(3)  Any development not included in subclause (2) or (4) requires development consent.
(4)  Development for the purpose of the following is prohibited:
Animal establishments;
Bulk stores;
Caravan parks;
Container depots;
Generating works;
Hazardous industries;
Hazardous storage establishments;
Heliports;
Industries;
Offensive industries;
Offensive storage establishments;
Panel beating workshops;
Potentially hazardous industries;
Potentially offensive industries;
Transport depots;
Warehouses;
Waste transfer stations.
14   Zone No 3B (Local Business Zone)
(1)  The objectives of Zone No 3B are:
(a)  to provide opportunities for local retail and business development in the City of Randwick, and
(b)  to provide opportunities for associated development such as car parking, service industries and the like, and
(c)  to provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone, and
(d)  to minimise the impact of development on adjoining and nearby residential zones.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Public utility undertakings;
Recreation.
(3)  Any development not included in subclause (2) or (4) requires development consent.
(4)  Development for the purpose of the following is prohibited:
Amusement centres;
Animal establishments;
Automotive uses;
Backpacker accommodation;
Brothels;
Bulk stores;
Caravan parks;
Container depots;
Dwellings (other than those attached to buildings involved in other uses which are permissible in this zone);
Generating works;
Hazardous industries;
Hazardous storage establishments;
Helicopter landing sites;
Heliports;
Industries;
Light industries;
Multi-unit housing (other than dwellings attached to buildings involved in other uses which are permissible in this zone);
Offensive industries;
Offensive storage establishments;
Panel beating workshops;
Plant and equipment hire;
Potentially hazardous industries;
Potentially offensive industries;
Restricted premises;
Serviced apartments;
Transport depots;
Warehouses;
Waste transfer stations.
cl 14: Am 9.11.2001.
15   Zone No 4A (Industrial Zone)
(1)  The objectives of Zone No 4A are:
(a)  to accommodate both traditional and modern forms of industrial, warehousing and like development outside areas used or zoned for residential or business purposes and so encourage economic and employment growth, and
(b)  to ensure industrial development creates areas which are pleasant to work in, safe and efficient in terms of transportation, land utilisation and service distribution, and
(c)  to encourage development of, and accommodate innovation in, industries, and
(d)  to enhance and improve the physical environment of the City of Randwick by minimising disturbances caused by air pollutants, water pollutants, noise pollutants and other pollutants, and
(e)  to enable limited retailing of bulky goods where, in the opinion of the Council, this is unlikely to detract from the role and function of land zoned for business purposes, and
(f)  to enable development for the purpose of retailing only where it is associated with, and ancillary to, manufacturing use of the same land or where it serves the daily convenience needs of the local workforce, and
(g)  to enable development for the purpose of commercial offices only where it is associated with, and ancillary to, an industrial, warehousing or like use of the same land or where it serves the daily convenience needs of the local workforce, and
(h)  to enable development for the purpose of community facilities, such as child care facilities, either in association with (or independently of) other permitted development so as to serve the needs of the workforce of the area.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Public utility undertakings;
Recreation.
(3)  Any development not included in subclause (2) or (4) requires development consent.
(4)  Development for the purpose of the following is prohibited:
Backpacker accommodation;
Bed and breakfast accommodation;
Boarding houses;
Business premises;
Caravan parks;
Dwellings;
Educational establishments;
Generating works;
Group homes;
Hazardous industries;
Hazardous storage establishments;
Heliports;
Hospitals;
Medical centres;
Multi-unit housing;
Offensive industries;
Offensive storage establishments;
Serviced apartments;
Waste transfer stations, where the throughput of material exceeds 30,000 tonnes per year.
16   Zone No 4B (Port Botany Zone)
(1)  The objectives of Zone No 4B are:
(a)  to facilitate the development and operation of Port Botany as a major cargo handling and distribution centre, and
(b)  to allow a range of activities which complement the continued and effective operation of the port, and
(c)  to encourage development of, and accommodate innovation in, the sources of economic growth, and
(d)  to enhance and improve the physical environment by minimising disturbances caused by air pollutants, water pollutants, noise pollutants and other pollutants, and
(e)  to enable development for the purposes of retailing or commercial offices only where it is associated with, and ancillary to, port related activities or where it serves the daily convenience needs of the local workforce.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Public utility undertakings.
(3)  Development for the purpose of the following requires development consent:
Bulk stores;
Communication facilities;
Container depots;
Generating works;
Outdoor advertising;
Port facilities;
Potentially hazardous industries;
Potentially offensive industries;
Roads;
Transport depots;
Warehouses.
(4)  Any development not included in subclause (2) or (3) is prohibited.
17   Zone No 5 (Special Uses Zone)
(1)  The objectives of Zone No 5 are:
(a)  to accommodate development by public authorities on publicly owned land, and
(b)  to accommodate development for educational, religious, public transport or similar purposes on both publicly and privately owned land, and
(c)  to allow appropriate community uses, and
(d)  to enable associated and ancillary development, and
(e)  to identify and protect land intended to be acquired for special uses, and
(f)  to allow for the redevelopment of land no longer required for a special use.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Public utility undertakings;
Recreation;
Roads.
(3)  Development for the purpose of the following requires development consent:
Animal establishments;
Bed and breakfast accommodation;
Boarding houses;
Car parks;
Cemeteries;
Child care centres;
Clubs;
Communication facilities;
Community facilities;
Dwellings;
Dwelling houses;
Educational establishments;
Group homes;
Health consulting rooms;
Helicopter landing sites;
Home activities;
Hospitals;
Multi-unit housing;
Outdoor advertising;
Penitentiaries;
Places of worship;
Plant nurseries;
Public transport;
Recreation facilities.
(4)  Any development not included in subclause (2) or (3) is prohibited.
18   Zone No 6A (Open Space Zone)
(1)  The objectives of Zone No 6A are:
(a)  to identify publicly owned land used or capable of being used for public recreational purposes, and
(b)  to allow development that promotes, or is related to, the use and enjoyment of open space, and
(c)  to identify and protect land intended to be acquired for public open space.
(2)  Development for the purpose of the following does not require development consent:
Works (but not buildings) involved in landscaping, gardening or bushfire hazard reduction;
Public utility undertakings;
Recreation.
(3)  Development for the purpose of the following requires development consent:
Buildings ordinarily incidental or ancillary to landscaping, gardening or bushfire hazard reduction;
Car parks;
Child care centres;
Clubs;
Communication facilities;
Community facilities;
Helicopter landing sites;
Outdoor advertising;
Public transport;
Recreation facilities;
Restaurants;
Roads.
(4)  Any development not included in subclause (2) or (3) is prohibited.
19   Zone No 6B (Private Open Space Zone)
(1)  The objective of Zone No 6B is to enable private recreation facilities to be provided on privately owned land.
(2)  Development for the purpose of the following does not require development consent:
Works (but not buildings) involved in landscaping, gardening or bushfire hazard reduction;
Public utility undertakings;
Recreation.
(3)  Development for the purpose of the following requires development consent:
Buildings ordinarily incidental or ancillary to landscaping, gardening or bushfire hazard reduction;
Car parks;
Child care centres;
Clubs;
Communication facilities;
Community facilities;
Helicopter landing sites;
Outdoor advertising;
Public transport;
Recreation facilities;
Restaurants;
Roads.
(4)  Any development not included in subclause (2) or (3) is prohibited.
19A   Zone No 7 (Environmental Protection—Natural Heritage Areas Zone)
(1)  The objectives of Zone No 7 are:
(a)  to identify, protect, conserve and enhance land of natural heritage value, and
(b)  to enable the sustainable management of land with natural heritage value over time, and
(c)  to prohibit development that could adversely affect natural heritage values and significance, and
(d)  to enable public access and passive recreation where appropriate, and
(e)  to provide for appropriate buffer areas, and
(f)  to identify, protect, conserve and enhance land that acts as a habitat corridor, and
(g)  to enable public utility undertakings that are compatible with natural heritage values where appropriate.
(2)  Development for the purpose of the following does not require development consent:
Bushfire hazard reduction;
Environmental management works;
Public utility undertakings;
Recreation.
(3)  Development that, in the opinion of the consent authority, is consistent with the objectives of this Zone and is defined as appropriate in an approved plan of management for the land requires development consent.
(4)  Any development not included in subclause (2) or (3) is prohibited.
cl 19A: Ins 9.5.2003.
20   Zone No 8 (National Parks Zone)
(1)  The objectives of Zone No 8 are:
(a)  to identify land dedicated or reserved under the National Parks and Wildlife Act 1974, and
(b)  to allow for the management and appropriate use of that land.
(2)  Development for the purpose of the following does not require development consent:
Any building, work, place or land use authorised by or under the National Parks and Wildlife Act 1974, including any incidental or ancillary building, work, place or land use.
(3)  Any development not included in subclause (2) is prohibited.
Part 3 Special provisions
21   Subdivision
Despite the provisions of clauses 10, 11, 12, 12A 16, 17, 18, 19, 19A and 20, land to which this plan applies may be subdivided, but only with development consent.
cl 21: Subst 10.12.1999. Am 9.5.2003.
22   Services
The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.
Purpose: To ensure that adequate provision is made for the supply of water, and for sewage and drainage services.
23–25   (Repealed)
cl 23: Am 10.3.2000; 21.7.2000. Rep 31.1.2003.
cl 24, hdg: Am 21.7.2000. Rep 31.1.2003.
cl 24: Am 10.3.2000; 21.7.2000. Rep 31.1.2003.
cl 25: Rep 31.1.2003.
25A   Aerial subscriber connections to telecommunications distribution lines
(1)  Clause 5B of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (as substituted by State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development (Amendment No 14)) applies to development on land to which this plan applies in the same way as it applies to development on land to which that Policy applies and, in the application of that clause, a reference to an item of the environmental heritage is taken to be a reference to a heritage item or heritage conservation area.
(2)  This clause, as amended by State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development (Amendment No 15), extends to:
(a)  development the subject of a development application made but not finally determined before the date on which that amendment commenced, and
(b)  development that was commenced to be carried out but not completed before that date.
cl 25A: Ins 30.6.2000. Am 6.12.2002.
26   Exempt and complying development
(1)  Development of minimal environmental impact listed as exempt development in Table A of Development Control Plan—Exempt and Complying Development, as adopted by the Council on 14 May 2002 is exempt development, despite any other provision of this plan.
(2)  Development listed as complying development in Tables B, C and D of Development Control Plan—Exempt and Complying Development, as adopted by the Council on 14 May 2002 is complying development if:
(a)  it is local development of a kind that can be carried out with consent on the land which it is proposed, and
(b)  it is not an existing use as defined in section 106 of the Act.
(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan—Exempt and Complying Development, as adopted by the Council on 14 May 2002.
(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan—Exempt and Complying Development, adopted by Council, as in force when the certificate is issued.
Purpose: To provide for Exempt and Complying Development.
cl 26: Subst 10.3.2000. Am 21.6.2002.
26A   Other exempt and complying development
Part 3 (Complying development) and Part 4 (Exempt development) of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development apply to development on land to which this plan applies in the same way as they apply to development on land to which that Policy applies.
cl 26A: Ins 6.12.2002.
27   Aircraft noise
(1)  The Council may grant consent to the development of land affected by aircraft noise (as advised by the Federal Airports Corporation) only where it has taken into account the guidelines contained in Australian Standard AS 2021—Aircraft noise intrusion—Building siting and construction (Third Edition 1994).
(2)  Despite subclause (1), the Council may not grant consent to the development on land within any zone which is within the 25 ANEF contour (as advised by the Federal Airports Corporation) which will result in an increase in the number of dwellings on that land.
Purpose: To ensure that due consideration is given to the impact of aircraft noise in the assessment and determination of development applications and to restrict development of land affected by high levels of aircraft noise.
28   Tree preservation orders
(1)  The Council may, by resolution, make a tree preservation order.
(2)  A tree preservation order may prohibit the ringbarking, cutting down, topping, lopping, removal, injuring or destroying of trees without the consent of the Council.
(3)  A tree preservation order comes into force on the day a notice stating that the order has been made is first published in a newspaper circulating at least once weekly in the City of Randwick.
(4)  A tree preservation order, and the notice referred to in subclause (3), must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order and may apply to the whole or any part of the City of Randwick.
(5)  Where a tree preservation order is in force, a person must not, on land to which it applies, ringbark, cut down, top, lop, remove, injure or destroy any tree covered by the order without the consent of the Council.
(6)  Subclause (5) does not apply where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous or where the tree is dealt with in accordance with a permit granted by the Council.
(7)  Before granting a consent or permit referred to in subclause (5) or (6), the Council must make an assessment of the importance of the tree or trees concerned in relation to:
(a)  soil stability and prevention of land degradation, and
(b)  scenic or environmental amenity, and
(c)  vegetation systems and natural wildlife habitats.
(8)  This clause does not apply to work carried out under section 48 of the Electricity Supply Act 1995.
Purpose: To establish procedures for the proper management of trees in order to minimise the unnecessary loss of significant tree resources.
29   Foreshore scenic protection area
(1)  The foreshore scenic protection area is shown on the map.
(2)  The consent of the Council is required to erect a building within the foreshore scenic protection area which exceeds 5 metres in height measured vertically from any point on ground level to the highest point of the building.
(3)  The Council may only grant consent referred to in subclause (2) after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.
(4)  Subclause (2) does not apply to development which, in the opinion of the Council, is of a minor nature and will not adversely affect the amenity or the character of the locality.
Purpose: To identify visually prominent residential areas along the coast and establish consent requirements for development in these areas to protect and enhance their visual qualities.
30   Minimum allotment sizes
(1)  The minimum allotment size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No 2A is 450 square metres and each allotment must have a frontage of at least 12 metres.
(1A)  The minimum allotment size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No 2B or 2C is 325 square metres and each allotment must have a frontage of at least 9 metres. This requirement does not apply to development for the purposes of multi-unit housing.
(2)  The minimum frontage requirements specified in subclauses (1) and (1A) do not apply to battleaxe allotments and the area of any access corridor to a battleaxe allotment is not to be included in the calculation of the area of the allotment.
(3)  The minimum size for an allotment that may be subdivided (whether or not by a strata plan) to create separate allotments for the dwellings comprising an attached dual occupancy within Zone No 2A is 900 square metres.
(4)  The minimum allotment size for the erection of a dwelling house or for an attached dual occupancy within Zone No 2A is 450 square metres and each allotment must have a frontage of at least 12 metres.
(5)  This clause does not prohibit the erection of a dwelling house within Zone No 2A, 2B or 2C on an allotment of land that existed as a separate allotment on the appointed day.
Purpose: To establish minimum requirements for the subdivision of land within residential zones in order to protect and enhance local amenity.
cl 30: Am 21.7.2000.
30A   Development of certain Land in Zone No 2D
(1)  This clause applies to land within Zone No 2D (Residential D—Comprehensive Development Zone).
(2)  The maximum floor space ratio for development of land within Zone No 2D is identified in the built form control maps applicable to the land supporting this plan.
(3)  The minimum landscaped area for development of land within Zone No 2D is identified in the built form control maps applicable to the land supporting this plan.
(4)  The maximum building and wall height for development on land within Zone No 2D is identified in the built form control maps applicable to the land supporting this plan.
cll 30A: Ins 9.5.2003.
30B   Traffic and transport measures for Zone No 2D
(1)  This clause applies to land within Zone No 2D (Residential D—Comprehensive Development Zone).
(2)  Despite any other provision of this plan, the Council must not grant consent to development of land within Zone No 2D unless it is satisfied that any relevant traffic or transport measures that may apply will be met.
cll 30B: Ins 9.5.2003.
31   Landscaped area
(1)  Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area.
(2)  Development, otherwise than for the purpose of a dwelling house, within Zone No 2B or 2C must provide a minimum of 50% of the total site area as landscaped area.
(3)  Landscaped areas over podiums or excavated basement areas must not exceed 50% of the landscaped area requirements specified in subclauses (1) and (2).
Purpose: To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.
32   Floor space ratios
(1)  The maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within Zones Nos 2A, 2B and 2C is 0.5:1, 0.65:1 and 0.9:1, respectively.
(2)  Despite subclause (1), the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No 2C is 0.65:1 where the site area is less than 700 square metres.
(3)  The maximum floor space ratios for buildings within Zones Nos 3A and 3B are shown by distinctive shading on the map.
(4)  The maximum floor space ratio for buildings within Zone No 4A or 4B is 1:1.
(5)  The maximum floor space ratio for buildings within Zone No 5 to be used for the purpose of boarding houses, dwellings, group homes or multi-unit housing (or any two or more of them) is 0.5:1.
(6)  The area of the access corridor for a battleaxe allotment is not to be included in the calculation of the floor space ratio of any building on the allotment.
Purpose: To establish reasonable upper limits for development in residential, business, industrial and special uses zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.
33   Building heights
(1)  The maximum height for a building, other than a dwelling house, within Zone No 2A or 2B is 9.5 metres measured vertically from any point on ground level.
(2)  The maximum height for a building, other than a dwelling house, within Zone No 2C is 12 metres measured vertically from any point on ground level.
(3)  The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A or 2B is 7 metres measured vertically from any point on ground level.
(4)  The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2C is 10 metres measured vertically from any point on ground level.
(5)  The maximum height for buildings within Zone No 3A or 3B are shown by distinctive shading on the map.
(6)  For the purposes of this clause, chimneys, vents and other service installations may exceed the specified height limits, but only where the Council is satisfied that it will not adversely affect the amenity of adjoining or nearby land.
Purpose: To set upper limits for the height of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity of surrounding areas.
34   Boarding houses
(1)  This clause applies to a building or place that is used for the purpose of a boarding house and includes any vacant building or part of a building that, when last used or occupied, was used or occupied as a boarding house.
(2)  The consent of the Council is required to change the use of or demolish a building or place to which this clause applies to another use not being a boarding house.
(3)  When determining an application required by this clause, the Council may grant its consent only where it has made an assessment of and considered the implications of:
(a)  the need to retain the particular type of housing in relation to any identified needs of the local area, and
(b)  the accumulated impact that the loss of the building or place for use as a boarding house will have on the supply of that type of housing in the local area, and
(c)  any building and fire safety requirements, and
(d)  the financial viability of the continued use of the building or place as a boarding house, and
(e)  any alternative arrangements for the accommodation of any displaced persons.
Purpose: To make provision for the assessment of the cumulative loss of boarding house accommodation.
35   Business premises in residential zones
Despite clauses 10, 11 and 12, the Council may grant consent to the development of land within Zone No 2A, 2B or 2C for the purpose of business premises, but only if the Council is satisfied that the proposed use:
(a)  is to be situated in a building, or part of a building, that was originally designed or constructed (or both) for use as business premises, and
(b)  the total floor space to be used as business premises does not exceed 50 square metres.
Purpose: To provide for the establishment and continued operation of small scale business development in residential zones.
35A   Certain non-residential uses in Zone No 2D
Despite clause 12A, the Council may grant consent to development for the purpose of business premises, local shops, medical centres or restaurants on land within Zone No 2D if it is satisfied that the development:
(a)  is located on land identified as an activity strip on the built form control maps supporting this plan, and
(b)  is limited to ground floor non-residential uses, and
(c)  is consistent with residential amenity, and
(d)  primarily serves the local community.
Purpose: To provide for the establishment of small scale businesses and services with active street frontages in locations identified in an adopted master plan.
cll 35A: Ins 9.5.2003.
36   Additional development in industrial zones
(1)  Despite clauses 15 and 16, the Council may grant consent to the carrying out of development on land within Zone No 4A or 4B for the purpose of business premises, but only if it is satisfied that:
(a)  the proposed development is of a type appropriate for an industrial zone and, where the proposed development may otherwise have been carried out within a business centre in the locality, suitable land for the development is not available in that business centre, or
(b)  the proposed development is intended to serve the daily needs of the workforce of the industrial area.
(2)  The Council may grant consent to the carrying out of development on land within Zone No 4A for the purpose of a panel beating workshop, but only if:
(a)  the land in question does not adjoin land within a residential zone, and
(b)  it is satisfied that appropriate arrangements are made to store on the site of the proposed development, and either within a building or within a suitably screened area, all vehicles awaiting or undergoing repair, awaiting collection or otherwise involved with the proposed workshop.
(3)  Despite clause 15, the Council must not grant consent to the development of land within Zone No 4A for the purpose of a container depot or transport depot on land shown by distinctive shading on the map.
(4)  The Council may grant consent to the development of land within Zone No 4A or 4B only where it has considered the Port Botany Landuse Safety Study 1996, prepared by the Department of Urban Affairs and Planning, a copy of which is deposited in the office of the Council.
Purpose: To establish criteria for the assessment of applications for certain types of development in industrial zones, particularly having regard to the impact of those activities on nearby residential areas.
37   Development in the Port Botany industrial area
The Council may grant consent to the development of land within Zone No 4B only if it is satisfied that the proposed development is, by virtue of the nature of the activity or activities involved, suited to being in close proximity to Port Botany and will not adversely affect the continued operation of the port.
Purpose: To reinforce the importance of the role and function of the land within Zone No 4B to the continued operation of Port Botany as a major shipping and cargo handling facility.
37A   Development in Special Uses Zone
The Council may grant consent to the development of land within Zone No 5 only if it is satisfied that the proposed development is compatible with the character of the locality and will not adversely affect the amenity of nearby and adjoining development.
Purpose: To ensure that consideration is given to the impact of development proposals within the Special Uses Zone on other development and uses in the locality. This clause should reduce the potential for adverse impact on nearby development and on the amenity and character of the locality.
cl 37A: Ins 21.7.2000.
38   Development in open space zones
(1)    (Repealed)
(2)  When determining an application for consent to carry out development on land within Zone No 6A or 6B, the Council must consider:
(a)  the need for the proposed development on that land, and
(b)  whether the proposed development promotes or is related to the use and enjoyment of open space, and
(c)  the impact of the proposed development on the existing or likely future use and character of the land, and
(d)  the need to retain the land for its existing or likely future use.
(2A)  Despite clause 18, the Council may grant consent to the development of land within Zone No 6A for purposes (including business premises) permitted by a plan of management adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land in question, provided it is satisfied that the proposed development is suited to a location in that zone.
(2B)  Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.
(3)  The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.
(4)  On receipt of a notice referred to in subclause (3), the Council must acquire the land, unless the land is required to be dedicated for public open space.
(5)  Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.
(6)  The Council may grant consent as referred to in subclause (5) only after it has considered:
(a)  the effects of the proposed development on the costs of acquisition, and
(b)  the imminence of acquisition, and
(c)  the costs associated with the reinstatement of the land for the purpose for which it is zoned.
(7)  Nothing in this plan requires the Centennial Park and Moore Park Trust (or any person authorised by the Trust) to obtain the consent of the Council to carry out development on Trust lands (within the meaning of the Centennial Park and Moore Park Trust Act 1983) for the purpose of anything authorised by section 9 (1) of that Act.
Purpose: To establish criteria for the assessment of applications for development in open space zones and provide for greater flexibility in the development of open space areas for recreation and leisure activities especially where there is an adopted plan of management. This clause also sets out the procedures to be followed for the acquisition of land for open space purposes.
cl 38: Am 21.7.2000.
39   Unzoned land
(1)  A person may, with the consent of the Council, carry out development on land shown unzoned on the map for the purpose of anything which is permissible on land adjoining that land.
(2)  Despite subclause (1), the consent of the Council is not required for development of unzoned land for the purpose of a public utility undertaking.
Purpose: To establish consent requirements for the development of land shown as unzoned on the map and to link those requirements to the land uses permissible in adjoining zones.
40   Excavation and filling of land
(1)  A person may excavate or fill any land to which this plan applies only with the consent of the Council.
(2)  When considering an application for consent required by subclause (1), the Council must have particular regard to:
(a)  the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and
(b)  the effect of the proposed works on the likely future use or redevelopment of the land.
(3)  Subclause (1) does not apply to any excavation or filling of land associated with minor landscaping, where it is ancillary to development referred to in Schedule 1 or where it is ancillary to development for which consent has been granted.
Purpose: To introduce a requirement to obtain consent for the excavation or filling of land so that proper consideration can be given to the potential implications of the proposal, particularly in relation to drainage and soil stability issues.
40A   Master plans
(1)  Despite any other provisions of this plan, consent may be granted to a development application made in respect of a site area consisting of more than 4,000 square metres of land only if:
(a)  a master plan for the development of that land has been adopted in accordance with this clause, and
(b)  the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.
(2)  The consent authority may waive the requirement for a master plan, but only if it is satisfied:
(a)  that the proposed development is of a minor nature only or is ancillary to the current use of the land, or
(b)  that adequate guidelines and controls applying to the land are already in place.
(3)  A master plan is a document (consisting of written information, maps and diagrams) that makes more detailed provisions relating to development of the land for which a master plan is required than this plan. A master plan:
(a)  outlines long-term proposals for development of the entire site for which the master plan is required, and
(b)  explains how those proposals address the range of matters outlined in subclause (5).
The proposals must conform to the requirements for development of the site made by this plan and any other environmental planning instrument.
(4)  A master plan may be prepared by, or on behalf of, the owner of the land concerned following consultation with the Council.
(5)  A master plan is to address, illustrate and explain, where appropriate, proposals covering the following range of matters (but is not limited to them):
(a)  design principles drawn from an analysis of the site and its context,
(b)  phasing of development,
(c)  distribution of land uses, including public open space and environmental protection areas,
(d)  subdivision pattern,
(e)  building envelopes and built form controls,
(f)  heritage conservation, including both Aboriginal and European heritage,
(g)  infrastructure provision,
(h)  remediation of the site,
(i)  pedestrian, cycle and road access and circulation network, with particular regard to public transport servicing,
(j)  parking provision,
(k)  provision of public facilities,
(l)  impact on, and improvements to, the public domain,
(m)  provision of open space, its function and landscaping,
(n)  identification and conservation of native flora and fauna habitat on the site, including any threatened species, populations or ecological communities, and
(o)  the principles of ecologically sustainable development,
(p)  identification, extent and management of buffer areas,
(q)  identification, extent and management of habitat corridor,
(r)  identification, extent and constraints of acid sulfate soils,
(s)  opportunities to apply integrated natural water cycle design,
(t)  opportunities to apply integrated renewable energy design.
(6)  Immediately after receiving a draft master plan, the Council must advertise it in a newspaper circulating in the locality and exhibit it at the Council’s offices for not less than 14 days, for public comment. The Council must take into account any written submissions made about the content of the master plan during the exhibition period.
(7)  After considering a draft master plan, the Council:
(a)  may adopt the master plan without variation, or
(b)  may adopt the master plan with such variations as it considers appropriate, or
(c)  may reject the draft master plan.
(8)  If a draft master plan for a site area:
(a)  has not been adopted by the Council within 60 days after it was received by the Council, or
(b)  has been rejected by the Council,
then subclause (1) does not apply to the site area, but when a consent authority assesses a development application for the site area, it must have regard to the range of matters set out in subclause (5).
(9)  When a master plan is adopted, the Council must place a notice to that effect in a newspaper circulating in the locality.
(10)  A master plan may be amended or replaced by a subsequent master plan.
(11)  A master plan has effect for 5 years from the date on which it is adopted by the Council or for such other period as the Council may determine and specify in the master plan at the time of its adoption.
(12)  A copy of each adopted master plan must be available for inspection at the Council’s offices during ordinary office hours.
(13)  Subclause (5) (p), (q), (r), (s) and (t) do not apply:
(a)  to a draft master plan lodged with the Council before the day on which Randwick Local Environmental Plan 1998 (Amendment No 23) commenced, or
(b)  to a master plan adopted by the Council pursuant to subclause (7) before the day on which Randwick Local Environmental Plan 1998 (Amendment No 23) commenced.
Purpose: To establish practices and procedures for redevelopment of sites in excess of 4,000 square metres by introducing requirements for the preparation of master plans to guide their development.
cl 40A: Ins 23.6.2000. Am 9.5.2003.
41   Temporary use of land
Despite any other provisions of this plan, the Council may grant consent to development on land within any zone for any temporary purpose for a maximum period of 28 days, whether consecutive or not, in any one calendar year, but only where the Council is satisfied that:
(a)  the temporary purpose is necessary and reasonable for the economic use of the land pending its subsequent development in accordance with this plan, and
(b)  the temporary purpose will not prejudice the subsequent carrying out of development on the land in accordance with this plan, and
(c)  appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent.
Purpose: To make provision for the use of land on a temporary basis, where that use does not necessarily comply with the existing zoning of the land.
41A   Interim use of land
(1)  Despite any other provisions of this plan, the Council may grant consent to development on land within any zone for an interim period of up to 5 years, but only where the Council is satisfied that:
(a)  the interim use is necessary and reasonable for the economic use of the land pending its subsequent development in accordance with this plan, and
(b)  the interim use will not prejudice the eventual development of the land in accordance with the objectives of this plan, and
(c)  the use will not adversely affect residential amenity and permissible development in accordance with this plan on other sites in the locality, and
(d)  appropriate arrangements have been made for the reinstatement of the site so that it may be used in accordance with the objectives of this plan.
(2)  Before granting consent for development as allowed by this clause, the Council must be satisfied that the development will cease within such time as is permitted by the Council.
Purpose: To make provision for the interim use or development of land pending development in accordance with the existing zoning.
cl 41A: Ins 21.7.2000.
42   Development of land for certain additional purposes
Despite the provisions of this plan, a person may, with the consent of the Council, carry out development on land described in Column 1 of Schedule 2 that is specified in Column 2 of that Schedule, subject to any conditions that may be specified in Column 3 of that Schedule.
Purpose: To make provision for additional uses of land in certain specified circumstances, where those uses are not permissible under the existing zoning of the land.
42A   Classification and reclassification of public land as operational
The public land described in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
cl 42A: Ins 8.9.2000.
42B   Contaminated land
Despite any other provisions of this plan, the Council must not grant consent to the development of contaminated land within any zone unless the Council is satisfied:
(a)  that the contaminated land will, after being remediated, be suitable for the purpose for which development is proposed to be carried out, and
(b)  that the contaminated land will be remediated before the land is used for that purpose, and
(c)  that the use of the land for that purpose is permissible in the zone.
Purpose: To ensure land will be suitable after remediation for the purpose for which the development is proposed and that the land will be remediated to that suitable standard before it is used.
cl 42B: Ins 9.5.2003.
42C   Kensington Town Centre
(1)  This clause applies to land comprising the Kensington Town Centre, as shown edged heavy black on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 27)” deposited in the office of Randwick City Council.
(2)  The Council must not grant consent to the carrying out of development on land within the Kensington Town Centre unless it is satisfied that the proposed development is consistent with the following objectives for the Kensington Town Centre:
(a)  to achieve high quality design in all new development and improvements undertaken in the public domain,
(b)  to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality,
(c)  to provide opportunities for residential development in the town centre that compliment the primary business function of the town centre,
(d)  to encourage a variety of medium density housing forms that compliment the development within the town centre and that do not have an adverse impact on surrounding residential areas,
(e)  to encourage the amalgamation of land to facilitate redevelopment within the town centre,
(f)  to facilitate development within the town centre that supports the regional entertainment industry,
(g)  to ensure that social and cultural needs are considered with any development proposals in the town centre,
(h)  to encourage and facilitate the provision of vehicular access and off-street parking to support the local businesses,
(i)  to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in the town centre,
(j)  to ensure appropriate conservation of the environmental heritage and recognition of the characteristics of buildings with architectural merit,
(k)  to require and encourage environmentally sustainable approaches to future land use and development,
(l)  to improve the overall environmental quality of the Kensington Town Centre.
(3)  Clauses 31, 32, 33 and 35 do not apply to the land within the Kensington Town Centre.
(4)  The following requirements of the Kensington Town Centre Development Control Plan 2002 adopted by the Council on 26 November 2002 apply to the development of land within the Kensington Town Centre as if they were incorporated into this plan:
(a)  maximum number of storeys,
(b)  maximum height of development,
(c)  minimum frontage for development,
(d)  minimum allotment size for development.
(5)  For the purpose of subclause (4):
(a)  ground level is to be calculated as an average of levels across the allotment frontage, and
(b)  height is to be calculated as the height measured vertically from ground level to the underside of the ceiling of the topmost floor.
cl 42C (previously cl 42B): Ins 8.1.2003. Renumbered 2003 No 40, Sch 2.26.
42D   Maroubra Junction Town Centre
(1)  This clause applies to the land comprising the Maroubra Junction Town Centre, as identified by heavy black edging on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 33)”, deposited in the office of Randwick City Council.
(2)  The Council must not grant consent to the carrying out of development on land within the Maroubra Junction Town Centre unless it is satisfied that the proposed development is consistent with the zone objectives for the land and the following objectives for the Maroubra Junction Town Centre:
(a)  to achieve high quality design in all new developments and improvements undertaken in the public domain,
(b)  to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality and local government area,
(c)  to provide opportunities for residential development in the town centre that complement the primary business function of the town centre,
(d)  to encourage a variety of housing forms that complements development within the town centre and do not impact adversely upon the amenity of surrounding residential areas,
(e)  to ensure that social and cultural needs are considered with any development proposals in the town centre,
(f)  to encourage and facilitate the provision of vehicular access and off-street parking to support businesses in the town centre,
(g)  to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in town centre,
(h)  to require and encourage environmentally sustainable approaches to future land use and development, and
(i)  to improve the overall environmental quality of the Maroubra Junction Town Centre.
(3)  Clauses 31, 32 and 33 do not apply to the land within the Maroubra Junction Town Centre.
(4)  The maximum number of storeys requirement of the Maroubra Junction Town Centre Development Control Plan adopted by the Council on 18 November 2003 applies to the development of land within the Maroubra Junction Town Centre as if it were incorporated into this plan.
(5)  For the purpose of subclause (4), the maximum number of storeys must correspond with the building height as set out in the Table to subclause (6).
(6)  For the purpose of this clause the maximum height of development is as follows:
Table
No of storeys
Maximum building height to underside of ceiling (m)
1
4.5
2
9.0
3
12.0
4
15.0
5
18.0
6
21.0
7
24.0
8
26.7
(7)  For the purpose of this clause, building height is to be calculated as the distance measured vertically from ground level taken from each point on the boundary of the site to the underside of the ceiling of the topmost floor.
(8)  For the purpose of this clause, storeys means habitable floors, excluding underground car parking.
cl 42D: Ins 7.5.2004.
Part 4 Heritage provisions
Purpose: To establish special provisions relating to heritage and conservation matters. Buildings and places listed as heritage items are identified in Schedule 3. Heritage conservation areas are shown on the map supporting this plan.
43   Protection of heritage items, heritage conservation areas and relics
(1)  The following development may be carried out only with the consent of the Council:
(a)  demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, or
(b)  altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or
(c)  altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or
(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or
(e)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.
(2)  When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area, including an assessment of:
(a)  the pitch and form of the roof, if any, and
(b)  the style, size, proportion and position of the openings for windows or doors, if any, and
(c)  the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.
(3)  The Council may grant consent to a development application required by this clause only after it has considered a report that assesses the impact of the proposal on the heritage significance of the heritage item and its setting, or of the heritage conservation area.
Purpose: To establish consent requirements for development involving a heritage item or land within a heritage conservation area. Also, to establish criteria for the assessment and determination of development applications arising from those consent requirements.
44   Development of potential archaeological sites
(1)  The Council may grant consent to the carrying out of development on a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only where:
(a)  it has considered an assessment (prepared in accordance with any guidelines for the time being notified to it by the Director-General of Nationals Parks and Wildlife) of how the proposed development would affect the conservation of the site and any relic reasonably likely to be located at the site, and
(b)  it has notified the Director-General of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent, and
(c)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
(2)  The Council may grant consent to the carrying out of development on a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only where:
(a)  it has considered an assessment (prepared in accordance with any guidelines for the time being notified to it by the Heritage Council) of how the proposed development would affect the conservation of the site and any relic reasonably likely to be located at the site, and
(b)  it 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, and
(c)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
Purpose: To establish the consent requirements for development involving potential archaeological sites. Also, to establish criteria for the assessment and determination of development applications arising from those consent requirements.
45   Heritage Council notification
Before granting development consent for the demolishing, defacing or damaging of a heritage item, the Council must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.
Purpose: To provide for the involvement of the Heritage Council in the assessment and determination of applications involving the demolition, defacing or damaging of a heritage item.
46   Development in the vicinity of heritage items, heritage conservation areas and potential archaeological sites
When determining an application for consent to carry out development on land in the vicinity of a heritage item, a heritage conservation area or a potential archaeological site, the Council must take into consideration the likely effect of the proposed development on the heritage significance of the heritage item, heritage conservation area or potential archaeological site and on its setting.
Purpose: To widen the consideration of heritage issues to development of land in the vicinity of heritage items, heritage conservation areas and potential archaeological sites.
47   Conservation incentives
(1)  Despite any other provision in this plan, the Council may, in respect of a heritage item, grant consent to development for any purpose, but only where it is satisfied that:
(a)  the proposed use would not adversely affect the amenity of the locality in which the item is situated or the heritage significance of the item, and
(b)  the conservation of the heritage item depends on the granting of the consent.
(2)  When considering an application for consent to erect a building on land on which a heritage item is located, the Council may, for the purpose of determining the floor space ratio, and whether the proposed development will meet the landscaped area and parking requirements, exclude the gross floor area of the heritage item from its calculation of the floor space ratio of the proposed development, but only where the Council is satisfied that the conservation of the heritage item depends on it making the exclusion and the amenity of the locality in which the item is located will not be adversely affected.
Purpose: To introduce incentives to encourage the conservation of heritage items.
48   Conservation plans
The Council may decline to grant an application for consent referred to in clause 43, 44 or 47, unless the Council has considered a conservation plan to enable the Council to fully assess the implications of the proposed development on the significance of the heritage item, heritage conservation area or potential archaeological site.
Purpose: To enable the Council to defer granting consent until it has considered a conservation plan where it is concerned over the possible implications of proposed development on the heritage significance of a heritage item, heritage conservation area or a potential archaeological site.
Part 4A Natural heritage provisions
Purpose: To establish sustainability provisions relating to the protection, conservation, enhancement and management of areas of natural heritage over time.
pt 4A (cl 48A): Ins 9.5.2003.
48A   Plan of management for land in Zone No 7 (Environmental Protection—Natural Heritage Areas Zone)
(1)  The objectives of this clause are to ensure that natural heritage is sustainably managed over time and that management practices are consistent with the objectives of Zone No 7.
(2)  The Council must not determine an application for consent to carry out development of land within Zone No 7 unless the Council has approved a plan of management for the land that complies with this clause.
(3)  For the purposes of this clause, a plan of management is a document (consisting of written information, maps and diagrams), prepared by a suitably qualified person. Where appropriate and applicable, a plan of management for land within Zone No 7 must address (but need not be limited to) the following:
(a)  any natural heritage studies that include the land,
(b)  the natural heritage significance and value of the land,
(c)  scale maps of natural heritage attributes and values,
(d)  consistency of the plan of management with relevant Commonwealth, State or local plans and policies,
(e)  consistency of the plan of management with relevant Council policies, plans and guidelines,
(f)  the identification and management of threatening processes,
(g)  the identification and management of buffer areas,
(h)  a schedule of environmental management works,
(i)  the provision and management of any public utility undertakings,
(j)  any financial funding arrangements,
(k)  any restrictive covenants on the land,
(l)  performance monitoring and review criteria.
Purpose: To approve a management plan for environmental protection zones that will ensure the protection, conservation and enhancement of natural heritage over time.
pt 4A (cl 48A): Ins 9.5.2003.
Part 5 Interpretation
49   Definitions
In this plan:
acid sulfate soils (ASS) means soils that contain iron sulfides that are stable and do not cause an environmental or economic problem when waterlogged, but when exposed to air, after drainage or excavation, rapidly form sulfuric acid.
alter, in relation to a heritage item, means:
(a)  make structural changes to the outside of the heritage item, or
(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, other than changes ensuing from the maintenance of the existing detail, fabric, finish or appearance of the outside of the item.
amusement centre means a building or place used for playing:
(a)  billiards, pool or similar games, or
(b)  electrically or mechanically operated amusement devices such as pinball machines and the like, but only if more than 5 such machines are installed in the building or place.
animal establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals whether or not for a commercial purpose, but does not include a veterinary establishment or a building or place used (in conjunction with a dwelling) for the keeping of pets.
appointed day means the day on which this plan was published in the Gazette.
attached dual occupancy means a building containing two (but not more than two) dwellings.
automotive use means a use of a building or work or land for fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or for offering for sale and installing automotive accessories or parts and includes a workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions, but does not include a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station.
backpacker accommodation means a building or place used for providing temporary accommodation for tourists whose principal place of residence is elsewhere and where communal kitchen and laundry facilities may be provided, but which is not licensed to sell liquor within the meaning of the Liquor Act 1982.
bed and breakfast accommodation means a building which provides temporary accommodation for not more than 5 persons and where the owner of the building is a permanent resident.
biodiversity (or biological diversity) means the variety of life: the different plants, animals and micro-organisms, the genes they contain and the ecosystems of which they form a part.
boarding house means a building or place:
(a)  where permanent accommodation facilities are provided to the residents of the building or place, and
(b)  where meal and laundry facilities may be provided, and
(c)  which is not licensed to sell liquor within the meaning of the Liquor Act 1982,
but (in Part 2) does not include a building or place elsewhere defined in this clause.
brothel means a building or place used, whether in whole or in part, for prostitution.
buffer area means an area of land that is managed in a way that ensures the protection, conservation and enhancement of natural heritage, rare species and threatened items, over time.
building height means the vertical distance from the highest point on the building to the ground level and includes ancillary services, installations and works (including works to conceal and integrate services) unless the Council is satisfied that they will not adversely affect the amenity of adjoining or nearby land.
bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or other business premises on the same parcel of land or on adjoining land in the same ownership, but (in Part 2) does not include a building or place elsewhere defined in this clause.
bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.
business premises means a building or place in which there is carried on an occupation, profession or trade which may or may not provide a service or goods directly and regularly to the public, but (in Part 2) does not include a building or place elsewhere defined in this clause.
car park means a building or place (other than a building or place used in conjunction with a dwelling) used for parking vehicles, whether operated for gain or not, and includes any manoeuvring space and access to that building or place.
caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.
child care centre means a building or place used for the purpose of supervising or caring for children which:
(a)  caters for more than 5 children who have not reached the compulsory school-age (as defined in the Education Act 1990), whether or not those children are related to the owner or operator of the building or place, and
(b)  may be used for education, and
(c)  may operate for the purpose of gain,
but does not include a building or place providing residential care for those children.
club means a building or place which is used for social, literary, political, sporting or any other lawful use which is, or intended to be, registered under the Registered Clubs Act 1976, whether or not the building or place is licensed to sell liquor under the Liquor Act 1982.
communications facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, and includes radio masts, towers, satellite dishes, cables and the like, but does not include any reception device attached to a dwelling for domestic purposes.
community facility means a building or place owned or controlled by a public authority or a charitable or voluntary organisation which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but (in Part 2) does not include a building or place elsewhere defined in this clause.
conservation plan means a document establishing the heritage significance of a heritage item or a heritage conservation area and identifying conservation policies and management practices that are appropriate to enable that significance to be retained.
container depot means a building or place which is used for:
(a)  the unloading or unpacking (or both) of shipping containers for delivery to individual consignees, or
(b)  the consolidation of goods from different consignors into full shipping container loads for despatch, or
(c)  the repair, refitting or storage of shipping containers,
but does not include a building or place used for container handling that is merely ancillary or incidental to the primary use of the building or place.
contaminated land has the same meaning as in Part 7A of the Act.
Council means the Council of the City of Randwick.
demolition, in relation to a heritage item or a building in a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item or building, in whole or in part.
dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate residence.
dwelling house means a building containing one (but not more than one) dwelling.
ecologically sustainable development (ESD) means development that uses, conserves and enhances the community’s resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased. These principles of ESD relate to precautionary decision making, intergenerational equity, conservation of biodiversity and improved valuation of resources.
educational establishment means a building or place used for education (including teaching) and includes:
(a)  a school, and
(b)  a tertiary institution, being a university, TAFE establishment, teachers’ college or other tertiary college providing formal education which is constituted by or under an Act, and
(c)  an art gallery, library or museum, not being an art gallery, library or museum in which any items on display are for sale,
whether or not accommodation for staff and students is provided and whether or not used for the purpose of gain.
environmental management works means a structure or work identified in a plan of management for Zone No 7 that provides the following:
(a)  nature study or display facilities such as walking tracks, board walks, observation decks, interpretation signage, bird hides, or the like,
(b)  ongoing environmental management work such as bush restoration, wetland restoration, erosion and run off prevention works, bank stabilisation, dune restoration, bushfire hazard reduction, or the like,
(c)  passive recreation areas such as picnic grounds and structures incidental to the functioning of the area, such as picnic shelters, play equipment, sheds and toilet facilities, roads and their maintenance,
(d)  provision and management of public utility undertakings.
floor space ratio means the ratio of the total gross floor area of all buildings (existing and any proposed) to the site area.
generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy, but does not include energy efficiency devices (such as solar panels) attached to buildings where they are intended only for the use of the building to which they are attached.
gross floor area means the sum of the areas of each level of a building where the area of each level is taken to be the area within the inner face of the external enclosing walls and the area of any attic measured at 2.1 metres above the floor level of the attic excluding:
(a)  columns, fin walls, shading devices, awnings, balconies and any other elements, projections or works outside the general lines of the outer face of the external wall, and
(b)  lift towers, cooling towers, machinery and plant rooms, and air-conditioning ducts, and
(c)  associated car parking and any internal vehicular or pedestrian access to that parking (to ground level), and
(d)  space for the loading and unloading of goods.
ground level means the level of a site that existed at the appointed day.
ground level, in relation to land shown edged heavy black on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 23)”, means the ground level that exists after completion of earthworks and re-contouring of the site as determined by the applicable Commonwealth works approval or by any development consent issued for the land. Any variation will require the approval of Council.
group home means a dwelling used to provide a household environment for disabled or socially disadvantaged persons, whether or not ongoing care and support services are provided there.
habitat corridor means an area of habitat that enables migration, colonisation, interbreeding within populations of native plants and animals, between two areas of habitat. Habitat corridors may consist of a sequence of discontinuous areas of habitat, such as feeding trees, caves, wetlands and roadside vegetation.
hazardous industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
hazardous storage establishment means an establishment where goods, materials or products are stored which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
health consulting room means a room or a number of rooms forming either the whole or part of, attached to, or within the curtilage of, a dwelling house used by not more than 3 practitioners providing health care services (including dental and optical services) to members of the public.
helicopter landing site means a place, not open to the public, used for the taking off and landing of helicopters, whether or not facilities for the parking, storage, refuelling or repair of helicopters is also provided.
heliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes a terminal building or facilities for the parking, storage or repair of helicopters.
heritage conservation area means land shown by distinctive edging on the map and includes buildings, works, relics, trees and places situated on or within that land.
heritage item means a building, work, relic, tree or place listed in Schedule 3.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
home activity means any business, profession or industry carried on in a building or room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling, where:
(a)  only goods made or produced, or services offered, as a result of the activity or pursuit are displayed, sold or provided, and
(b)  the primary use of the dwelling is for residential purposes, and
(c)  the activity or pursuit does not:
(i)  interfere with the amenity of the locality by reason of the emission of excessive noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(ii)  involve exposure to view from any public place of any matter, or
(iii)  require the provision of any essential service main of a greater capacity than that available in the locality, or
(iv)  generate traffic out of keeping with the surrounding area, and
(d)  the activity is carried out by the permanent residents of the dwelling,
but (in Part 2) does not include any land use elsewhere defined in this clause.
hospital means a building or place used for providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people and includes:
(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and
(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use,
but (in Part 2) does not include a building or place elsewhere defined in this clause.
hotel means a building or place specified in a hotelier’s licence granted under the Liquor Act 1982.
industry means the manufacturing, assembling, altering, repairing, renovating, storing, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for a commercial purpose, but (in Part 2) does not include any land use elsewhere defined in this clause.
landscaped area means the part of a site area that is used, or capable of being used, for outdoor recreation or garden areas (such as lawns, gardens, unroofed swimming pools, clothes drying areas, barbecue areas, footpaths and the like) and includes landscaped podium areas and water tanks located at ground level. It does not include areas used for parking, driveways, balconies, rooftop gardens or areas used for garbage or recycling material storage or sorting.
light industry means an industry in which the processes carried on, the transportation involved, or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but (in Part 2) does not include any land use (other than industry) elsewhere defined in this clause.
local shop means a building or place used for selling, exposing or offering for sale by retail, goods, services, merchandise or materials primarily to serve the needs of the surrounding residents.
maintenance means the continuous protective care of the fabric of a heritage item and its setting or a heritage conservation area.
medical centre means a building or place used for providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) where overnight accommodation for patients is not provided.
motel means a building providing short-term accommodation for travellers or tourists, but (in Part 2) does not include a building elsewhere defined in this clause.
multi-unit housing means two or more dwellings, whether or not attached.
natural heritage areas means land with natural heritage values that may include but are not limited to:
(a)  species, populations, ecological communities and habitats,
(b)  ecological and environmental processes,
(c)  natural or modified wetlands,
(d)  groundwater,
(e)  the soil and all its components, including seed banks,
(f)  ground surface features, including bush rock, etc,
(g)  geological and topographical features, both above and below ground.
natural heritage item or natural heritage conservation area means heritage items or conservation areas with natural heritage significance and values listed in Schedule 3 (Heritage Items) or included as a conservation area on the maps supporting this plan.
natural water cycle design means the application of a wide variety of design and management practices that are complementary to the natural water cycle, minimise disturbance to natural water courses, minimise on-site water usage and maximise rainwater harvesting opportunities, such as water sensitive urban design and water smart design.
offensive industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land in the locality.
offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land in the locality.
outdoor advertising means the use of a building or place for the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display involves the erection of a structure.
panel beating workshop means a building or place used for the purpose of carrying out repairs to motor vehicles and agricultural machinery, where the work involved includes:
(a)  body building, or
(b)  panel beating (which may or may not involve dismantling), or
(c)  spray painting.
place of worship means a building or place used for religious worship, whether or not the building or place is also used for counselling, social events, instruction or religious training by a congregation or religious group.
plan of management means a plan of management approved by Council, for land within an Environmental Protection or Open Space Zone. It can include any plan of management, management plan or management statement adopted under the Local Government Act 1993, the Crown Lands Act 1989, the National Parks and Wildlife Act 1974, the Threatened Species Conservation Act 1995, the Fisheries Management Act 1994, the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth or the Rural Fires Act 1997, or prepared on behalf of a landowner.
plant nursery means a building or place used for both the growing and selling, whether by retail or wholesale, of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold there.
plant and equipment hire means a building or place where plant and equipment are stored and displayed and are available for hire or lease to persons for temporary use, but does not include premises used for hiring home entertainment equipment, such as stereo sound systems, televisions, video cassette recorders, video tapes and the like.
port facilities means facilities, including buildings, structures and activities, for the loading and unloading of cargo from ships.
potential archaeological site means a site identified in Schedule 4 or shown by distinctive shading on the map, and includes a site known to the Council to have archaeological potential even if it is not so identified and shown.
potentially hazardous industry means a development for the purposes of an industry which, if the development were to operate without employing any measure (including isolation from existing or likely future development on other land) to reduce or minimise its impact on the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment,
and includes a hazardous industry and use of a hazardous storage establishment.
potentially offensive industry means development for the purposes of an industry which, if the development were to operate without employing any measure (including isolation from existing or likely future development on other land) to reduce or minimise its impact on the locality or on the existing or likely future development on other land, would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land, and includes an offensive industry and use of an offensive storage establishment.
public transport means the use of a building or place for providing passenger transport facilities to the general public, whether or not those facilities are provided by a public authority.
public utility undertaking means any undertaking carried on by, or by authority of, any public authority, or in pursuance of any Commonwealth or State Act, for the purpose of:
(a)  railway, road or air transport, or
(b)  the provision of sewerage or drainage services, or
(c)  the supply of water, hydraulic power, electricity or gas, or
(d)  telecommunication facilities.
rare species means those species identified as rare species in Rare or Threatened Australian Plants (1995) by Briggs & Leigh, or in Appendix 8 of the Council’s most current State of the Environment Report.
recreation means the use of an area or place for:
(a)  a children’s playground, or
(b)  recreational or leisure activities which promote the physical, cultural or intellectual welfare of persons within the community,
but (in Part 2) does not include any land use elsewhere defined in this clause.
recreation facility means a building or a work used for a sporting, exercise or leisure activity, and includes golf courses, racecourses, showgrounds, bowling greens, tennis courts and the like, including any ancillary club building, but (in Part 2) does not include a building or work elsewhere defined in this clause.
relic means any deposit, object or material evidence (including human remains) terrestrial or underwater relating to:
(a)  the use or settlement of the area of the City of Randwick, not being Aboriginal habitation, which is more than 50 years old, or
(b)  Aboriginal habitation of the area of the City of Randwick, whether before and or after its occupation by persons of European extraction.
renewable energy means alternative (non-fossil fuel) energy sources, such as solar technology for hot water heaters and lighting in open space areas.
residential care facilities means accommodation for older people, including hostels and nursing homes, that includes:
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
restaurant means a building or place used for the provision of food or drink (or both), whether or not for consumption on the premises or for takeaway.
restricted premises means a building or place in which are displayed, or available for sale or rental, material (whether literature, video, film or goods and articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth or to which section 578E of the Crimes Act 1900 applies, but does not include a newsagency, pharmacy or video rental store.
service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil 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 hiring of trailers,
(b)  the retail selling or the installing of spare parts and accessories for motor vehicles,
(c)  the washing and greasing of motor vehicles,
(d)  the repairing and servicing of motor vehicles (other than body building, panel beating or spray painting),
(e)  the retail selling or hiring of small consumer goods.
serviced apartment means a dwelling which is cleaned and otherwise serviced or maintained by the owner or manager of the building or the owner’s or manager’s agent, and which provides temporary accommodation for people whose principal place of residence is elsewhere.
site area, in relation to development, means the area of land to which an application for consent to carry out development relates, but does not include any part of that land on which the development is not permitted by or under this plan or any other environmental planning instrument.
the Act means the Environmental Planning and Assessment Act 1979.
the map means the series of maps marked “Randwick Local Environmental Plan 1998”, as amended by the maps (or the sheets of maps) marked as follows:
Randwick Local Environmental Plan 1998 (Amendment No 1)
Randwick Local Environmental Plan 1998 (Amendment No 3)
Randwick Local Environmental Plan 1998 (Amendment No 5)
Randwick Local Environmental Plan 1998 (Amendment No 7)
Randwick Local Environmental Plan 1998 (Amendment No 8)
Randwick Local Environmental Plan 1998 (Amendment No 9)
Randwick Local Environmental Plan (Amendment No 11)
Randwick Local Environmental Plan 1998 (Amendment No 23)
Randwick Local Environmental Plan 1998 (Amendment No 27)
Randwick Local Environmental Plan 1998 (Amendment No 31)
Randwick Local Environmental Plan 1998 (Amendment No 33)
threatened items means those species, populations and ecological communities listed as endangered or vulnerable in the schedules of the Threatened Species Conservation Act 1995, the Fisheries Management Act 1994 and the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.
threatening processes means processes that threaten, or have the capability to threaten, the survival or evolutionary development of species, populations or ecological community. Threatening processes include those identified as threatening processes in the appendices of Council’s most current State of the Environment Report and threatening processes identified as ‘key threatening processes’ under the Threatened Species Conservation Act 1995, the Fisheries Management Act 1994 and the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.
transport depot means a building or place used for the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and the parking, servicing, repair or storage of those vehicles, and may include a depot used in connection with a business, industry or shop, but (in Part 2) does not include a building or place elsewhere defined in this clause.
veterinary establishment means a building or place used for the medical or surgical treatment of animals, whether or not animals are kept or boarded on the premises.
wall height means the vertical distance from the highest point on an external wall to the ground level of that wall. Each external wall height measurement must include gable ends and attic walls with an area over 6 metres2 and dormer windows that protrude horizontally from the roof more than 2.5 metres.
warehouse means a building or place principally used for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.
waste transfer station means a building or place used for collecting, storing, sorting and disposing of waste, second-hand or scrap material, whether or not for resale, or for use for recycling purposes.
wetland means:
(a)  natural wetland including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
cl 49: Am 16.10.1998; 26.2.1999; 4.6.1999; 10.12.1999; 24.12.1999; 10.3.2000; 14.4.2000; 8.1.2003; 9.5.2003; 7.5.2004.
Schedule 1 (Repealed)
sch 1: Rep 10.3.2000.
Schedule 2 Development of land for certain additional purposes
(Clause 42)
Column 1
Column 2
Column 3
Land
Development
Conditions
Nos 1–11 Adams Avenue, Malabar.
Development for the purpose of multi-unit housing.
Involving only buildings that existed at the appointed day.
Where no additional floor space is provided.
Lot 3 DP 222550, Franklin Street, Malabar.
Development for the purpose of tourist accommodation.
Where only one tourist accommodation facility is provided.
Land shown on the map titled “Randwick Local Environmental Plan No 70”.
Development for the purpose of an animal establishment, including ancillary or incidental use of so much of the land as is not part of the gross floor area for exhibition, sale, promotion and reception purposes.
The gross floor area of buildings must not exceed 700 square metres.
That part of Lot 2, DP 822283, Wride Street, Maroubra within Zone No 2B.
Development for the purpose of multi-unit housing.
Where no more than 100 dwellings are provided.
Land shown on the map titled “Randwick Local Environmental Plan 1998 (Amendment No 11)”
Development for the purpose of a stonemason’s yard for use in conjunction with the Eastern Suburbs Memorial Park
Nil
Lots A and B, DP 408949, 211 and 213 Anzac Parade, Kensington.
Development for the purpose of a service station and associated car wash facility.
Nil.
Land shown on the map titled “Randwick Local Environmental Plan 1998 (Amendment No 1)”
Development for the purposes of serviced apartments
Only where attached to buildings used for other purposes which are permissible in the zone.
Wylie’s Baths, Lots 1798–9, DP 822244
Development for the purpose of functions within the meaning of the Liquor Act 1982.
Such functions are to be conducted in accordance with:
(a)  the sub-lease agreement between the Council and the Wylie’s Baths Trust Inc., and
(b)  the provisions of an Operational Management Plan, which has been submitted to and approved by the Council and which addresses:
•  the scale, type and frequency of the functions proposed for the land, and
•  details relating to the provision of parking and traffic management, and
•  provisions establishing environmental parameters proposed to ensure that any adverse impacts from the carrying out of development on the land is minimised.
Land between Beach and Flood Streets, being Lots 19A and 2A, Volume 7836, Folio’s 102 and 101, as shown edged heavy black on Sheet 1 of the map marked “Randwick Local Environmental Plan 1998 (Amendment No 12)”
Access way
Only where the access way is to provide access to 25 Beach Street and 16 Flood Street, Clovelly
Land within Blenheim Park as shown edged heavy black on Sheet 2 of the map marked “Randwick Local Environmental Plan 1998 (Amendment No 12)”
Access way
Only where the access way is to provide access to 10, 12, 14, 16 and 18 Dundas Street, South Coogee
Lot 7, DP 1829 and Lot 1, DP 100108 (No 11 Cuthill Street, Randwick).
Development for the purpose of hotel accommodation.
That the heritage item listed as a Victorian house in Schedule 3 be conserved to the satisfaction of the Council.
Land shown on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 27)” that is in Zone No 2C (Residential C Zone).
All development that is permissible within Zone No 3B (Local Business Zone).
Only if it is located at the ground floor, or the ground floor and first storey of motels, multi-unit housing and serviced apartments. Any proposed retail development must be subject to an economic assessment of its impact on existing retail development in the town centre. The development must be in accordance with the Kensington Town Centre Development Control Plan 2002 adopted by the Council on 26 November 2002.
Land shown on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 27)” that is in Zone No 3B (Local Business Zone).
Serviced apartments
The development must be in accordance with the Kensington Town Centre Development Control Plan 2002 adopted by the Council on 26 November 2002.
Land within Zone No 6B, as shown coloured light green on the map entitled “Randwick Local Environmental Plan 1998 (Amendment No 23)”.
Defence purposes and public use and access
Public use of the oval for active recreation subject to the operational needs of the army and as identified in a plan of management for the oval.
So much of Lot 103, DP 805244, and known as part of No 15 Bumborah Point Road, Matraville, as is shown hatched on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 32)”.
Development for the purpose of a Council recycling facility.
Nil.
Lot 202, DP 879576, and known as Nos 100–120 King Street, Randwick, as shown edged heavy black on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 29)”.
Development for the purpose of local shops on part of the site at the corner of King and Dangar Streets.
The combined gross floor area of all the local shops must not exceed 350 square metres.
sch 2: Am 24.12.1999; 17.3.2000; 14.4.2000; 21.7.2000; 8.9.2000; 14.6.2002; 8.1.2003; 9.5.2003; 27.6.2003; 15.8.2003.
Schedule 3 Heritage items
(Clause 49)
Location
Description
Inventory No
12 Abbey Street, Randwick
Presbyterian Church, c 1889
1
5 Abbotford Street, Kensington
“Parkside”, Federation style dwelling, c 1916
2
46 Adina Avenue, La Perouse
Mission Church
3
1 Alfreda Street (also known as 101 Brook Street), Coogee
Inter-war three-storey flats, late 1920s
5
Cnr Alison Road and Church Street, Randwick
St Jude’s Well/early stone fountain
6
29 Alison Road, Kensington
“The Legers”, Federation style dwelling
7
31 Alison Road, Kensington
Two-storey Federation duplex, c early 1900s
8
Royal Randwick Racecourse, 77 Alison Road, Randwick
Members’ Stand (Official Stand), c 1910
9
114 Alison Road, Randwick
“Shahzada”, c 1890
10
122 Alison Road, Randwick
“Carlton”, c 1890
11
126–130 Alison Road, Randwick
“Verona”, “Amphion” and “Donacis”, c 1905
12
132 Alison Road, Randwick
“Rothesay” Art Deco flats, c 1940
13
143 Alison Road, Randwick
“Rexmere”, Victorian boom style terrace, 1884
432
145–147 Alison Road, Randwick
“Hillcrest”, Victorian terrace
433
191 Alison Road, Randwick
“Seabird”, pre 1890
14
193 Alison Road, Randwick
“Glanmire”, c 1896
15
200 Alison Road, Randwick
Stone commercial building, c 1915
16
206A Alison Road, Randwick
see 124 Avoca Street, Randwick
 
212 & 214 Alison Road, Randwick
Residential flat building, c 1940s
17
238 Alison Road, Randwick
Freestanding Victorian residence
18
296 Alison Road, Coogee
Bungalow style dwelling, late 1930s19
19
370 Alison Road, Coogee
“Ocean View”, Edwardian style mansion, c 191620
20
6 Amiens Ave, Matraville
Soldiers Settlement House, c 1920
21
Cnr Anzac Parade and Alison Road, Kensington
Tay Reserve
22
Cnr Anzac Parade and Doncaster Avenue, Kensington (Cor. Lot 102, DP 1005785
Doncaster Hotel
434
Anzac Parade, La Perouse
Jessie Stuart Broomfield Fountain, 1941
23
Anzac Parade, La Perouse
see also La Perouse Peninsula
 
Prince Henry Hospital, Anzac Parade, Little Bay
Former laundry building, Coast Hospital, c 1881
24
199–201 Anzac Parade, Kensington
Masonic Temple, c 1930
25
424–434 Anzac Parade, Kingsford
“O’Dea’s Corner”, c 1912
26
487 Anzac Parade, Kingsford
Edwardian bungalow, c 1925
27
653 Anzac Parade (cnr Storey Street), Maroubra
“Yarrum”, Edwardian style bungalow, c 1930
28
730 Anzac Parade (cnr Holmes Street), Kingsford
Residential/commercial building, c 1930s
29
817 Anzac Parade, Maroubra
Art Deco style flat building, c late 1930s
30
829 Anzac Parade, (cnr Wise Street), Maroubra
“Corio House”, unusual Edwardian style house, pre 1915
31
892–906 Anzac Parade and 156–164 Maroubra Road, Maroubra
“Dudleys Emporium”, Edwardian style commercial building, pre 1915
32
953 Anzac Parade, Maroubra
Edwardian style house, c 1930s
33
1250 Anzac Parade (Lot 5291 DP 824057), Malabar
Long Bay Gaol complex, begun 1898
34
1250 Anzac Parade (Lot 5291 DP 824057), Malabar
Long Bay Gaol Gatehouses
35
1212 Anzac Parade (cnr Franklin Street), Malabar
“C Levitt”, commercial building, c 1910
36
1234 Anzac Parade, Malabar
Edwardian style brick cottage, c 1930
37
Anzac Parade, La Perouse
La Perouse Museum old Cable Station, two-storey Victorian building, c 1882
38
29 Arcadia Street, Coogee
“Roslyn”, Victorian residence, c 1886
39
39 Arcadia Street, Coogee
“Ballamac”, c 1862
40
Arden Street, Coogee
Sandstone Drinking Fountain, Goldstein Reserve
41
Arden Street, Coogee (Sandstone wall, Coogee Beach)
see Coogee Beach
 
26 Arden Street, Clovelly
“St Lukes” Anglican Church, dedicated 1923
42
58–60 Arden Street (cnr Greville Street), Clovelly
St Anthony’s Catholic Church, school and presbytery, c late 1930s
43
109 Arden Street, Coogee
Spanish Mission style flats, c 1940
44
143 Arden Street, Coogee
Spanish Mission style flats, c 1930
45
182 Arden Street
(also known as 82 Bream Street), Coogee
“Juvina” Inter-war Art Deco Flats, c 1937
46
184 Arden Street, Coogee
see 131–133 Dolphin Street, Coogee
 
212 Arden Street, Coogee
(also known as 253 Coogee Bay Road)
Hotel facade—colonial and neo-classical style with verandah
47
286–290 Arden Street, Coogee
Three-storey neo-classical block of flats, c early 1900s
48
291 Arden Street, Coogee
“Tudor Hall”, neo-romanesque style flats, c 1940
49
321 Arden Street, Coogee
Art Deco flats, c 1937
50
340 Arden Street, Coogee
Federation Queen Anne corner house, c 1915
51
18 Austral Street, Malabar
Weatherboard cottage, c 1910
52
20–26 Austral Street, Malabar
Edwardian style cottages, semi-detached pair, c 1930
53
Cnr Avoca Street and Belmore Road, Randwick (Statue of Cpt James Cook)
see Cnr Belmore Road and Avoca Street, Randwick
 
Cnr Avoca Street and Frenchmans Road, Randwick
Federation bus shelter
54
Avoca Street, Randwick (near Town Hall)
Post box
55
North-west cnr Avoca Street and Alison Road, Randwick
Jubilee fountain
56
Cnr Avoca Street, Cuthill Street and Belmore Road, Randwick
High Cross Reserve
57
Avoca Street, Randwick (opposite Prince of Wales Hospital)
Post box
58
Avoca Street, Randwick
Prince of Wales Hospital gates and fence
59
44–46 Avoca Street, Randwick
Two-storey semi-detached cottages, c 1910
60
49 Avoca Street, Randwick
“Archina”, Federation style two-storey residence
61
49–51 Avoca Street, Randwick
Logistics Support Group complex of timber and iron buildings
62
78 Avoca Street, Randwick
see Cowper Street, Randwick
 
87, 89 & 91 Avoca Street, Randwick
Group of Federation style houses, pre 1915
63
90 Avoca Street (cnr Frances Street), Randwick
Randwick Town Hall, c 1882
64
102–108 Avoca Street, Randwick
St Jude’s group of buildings, including church, rectory, old borough chambers and hall
65
110–116 Avoca Street, Randwick
“Hetta Building”, Edwardian style commercial/residential building
66
115–139 Avoca Street, Randwick
Victorian shopfronts with residences above, c 1880s
67
124 Avoca Street (also known as 206A Alison Road), Randwick
Randwick Post Office, c 1897
68
126–138 Avoca Street, Randwick
Two three-storey Victorian style commercial buildings
69
146–150 Avoca Street, Randwick
“Clovelly”, “Ilfracombe”, “Torquay”, Italianate houses, c 1906
70
147 Avoca Street (cnr Alison Road), Randwick
“Coach and Horses Hotel”, c 1859
71
152–154 Avoca Street, Randwick
Two three-storey terraces, c 1885
72
156–158 Avoca Street, Randwick
Two late Victorian terraces, c 1890
73
160–162 Avoca Street, Randwick
“Somerset” and “Glastonbury”
74
193 Avoca Street, Randwick
Our Lady of the Sacred Heart Church, c 1888, and “Ventnor”, sandstone house, c 1870
75
194 Avoca Street (cnr Short Street), Randwick
Late Victorian shop and residence
76
203–209 Avoca Street, Randwick
“Goldring House”, c 1886
77
211–215 Avoca Street, Randwick
“Corana” and “Hygeia”
78
200 Avoca Street, Randwick
Early Georgian stone building, c 1859
79
303 Avoca Street, Randwick
Late Edwardian style building, c 1925
80
311 Avoca Street, Randwick
Edwardian house
81
27–31 Baird Avenue, Matraville
Three bungalows, c 1935
82
6 Balfour Road (cnr Sherwood Street), Kensington
Late Federation house
83
25 Balfour Road, Kensington
Cottage, c 1895
84
31 Balfour Road, Kensington
Cottage, c 1895
85
Bare Island Fort, La Perouse Peninsula
see La Perouse Peninsula
 
6 Barrett Place (formerly 107 Frenchmans Road), Randwick
Single-storey cottage, c 1920s
86
6 Barry Street, Clovelly
“Boherbue”, 1930s bungalow
87
16 Barry Street, Clovelly
Federation style house, c 1910
88
18 Barry Street, Clovelly
Federation style house, c 1910
89
45 Beach Street, Coogee
“Cliffbrook”, Edwardian free classical style house, c 1921, sandstone wall and stables
90
69 Beach Street, Coogee
“Warimoo”, c 1940
91
75 Beach Street, Coogee
“San Antonio” Federation house, late 1920s
92
154 Beach Street, Coogee
“The Warwick”, c 1930
93
224 Beauchamp Road, Matraville
Electricity Substation No 25, c 1930
94
Cnr Belmore Road and Avoca Street, Randwick
Statue of Captain James Cook RN
95
35–43 Belmore Road, Randwick
Three-storey Art Deco commercial building
96
48–60 Belmore Road, Randwick
Residential/commercial building, c 1940
97
70–82 Belmore Road, Randwick
Three-storey commercial building
98
84–90 Belmore Road, Randwick
“Koowori Flats”, three-storey commercial/ residential building
99
119 Belmore Road, Randwick
“Cooks Lodge”, two-storey commercial building, c 1878
100
120–126 Belmore Road, Randwick
Commercial building, c 1920s
101
127–129 Belmore Road, Randwick
Federation commercial building, c 1895
102
128 Belmore Road, Randwick
“Sandgate”, mid-Victorian sandstone house, c 1870
103
2–4 Bishops Avenue (cnr Douglas Street), Randwick
Victorian house, c 1885
104
8 Bishops Avenue, Randwick
Two-storey house, c 1895
105
14 Bishops Avenue, Randwick
“Artney”, c 1885
106
17 Blenheim Street, Randwick
“Blenheim House”, c 1848
107
17 Blenheim Street (rear No 19), Randwick
Old stone building, associated with Blenheim House
108
49–51 Boronia Street, Kensington
Symmetrical semi, c 1930
109
24 Borrodale Road, Kingsford
Edwardian timber cottage
110
1891 Botany Road, Matraville
APM building, c 1902
111
Entrance to Botany Bay
Henry Head Fort
112
139 Botany Street, Randwick
Georgian house, c 1860s
113
71 Boundary Street, Clovelly
Weatherboard cottage, c 1900
114
2a Bradley Street, Randwick
“Redlands” Art Deco flats, c 1940
115
26 Bream Street, Coogee
Weatherboard cottage, c 1900
116
82 Bream Street, Coogee
see 182 Arden Street, Coogee
 
3 Bridges Street, Maroubra
Post-war cottage
117
88 Brook Street, Coogee
Victorian Italianate mansion
118
90–100 Brook Street, Coogee
Two-storey Edwardian style semis, c 1915
119
101 Brook Street, Coogee
see 1 Alfreda Street, Coogee
 
108 Brook Street, Coogee
Federation flats, c early 1900s
120
113 Brook Street, Coogee
Federation style house, c 1920
121
123 Brook Street, Coogee
St Nicolas Rectory, Federation residence c 1907
122
125 Brook Street (cnr Carr Street), Coogee
St Nicolas Anglican Church, c 1887
123
135 Brook Street (cnr Waltham Street), Coogee
St Brigids Catholic Church, c 1921
124
142a Brook Street, Coogee
Three-storey Art Deco flats, late 1930s
125
152 Brook Street, Coogee
“Brooklyn Flats”, c 1930
126
Bundock Street (also known as 0 Bundock Street), Randwick
Randwick Barracks School of Musketry and Officers’ Mess/Convention Centre
127
Bunnerong Road (also known as part 51 Military Road), Matraville
Pioneers Park, Botany Cemetery
128
379 Bunnerong Road, Maroubra
Inter-war Ocean Liner style house
129
436–444 Bunnerong Road (cnr Beauchamp Road), Matraville
“Ireson’s Building”, c 1927
130
465W Bunnerong Road, Matraville
see Lot C DP 18047 Jersey Lane, Matraville
 
Burrows Park (Shark Point), Clovelly
see Ocean Street, Clovelly
 
Byron Street (also known as 101 Coogee Bay Road), Coogee
Coogee Public School, c 1920 and old stone building
131
25 Byron Street, Coogee
“Byron Lodge”, c 1886
132
23 Campbell Street (cnr Warner Avenue), Clovelly
Late Victorian stone cottage, c 1880
133
61 Canberra Street, Randwick
Electricity Substation No 341, c 1930
134
Cantrill Avenue (also known as 10R Cantrill Avenue), Maroubra
Quarry Reserve, c 1916
135
4 Carlton Street (Elsmere Street), Kensington
“T’olle Goes”, Federation house, c 1900
136
15 Carr Street (cnr Carr Lane), Coogee
Federation style dwelling, c 1920
137
21 Carr Street (cnr Mount Street), Coogee
Late Victorian house, c 1890
138
64 Carr Street, Coogee
Grand Pacific Hotel, c 1920s
139
53–59 Carrington Road, Randwick
“Nolan Terrace”
140
61–63 Carrington Road, Randwick
Unusual semi, c 1900
141
81a Carrington Road/160 Clovelly Road, Clovelly
Art Deco flat building, c 1935–6
435
117 Carrington Road, Randwick
Spanish Mission style flats, c 1940
142
120 Carrington Road, Randwick
Federation arts & crafts style house, c 1920s
143
127 Carrington Road, Randwick
Spanish Mission style flats, c 1930
144
256–262 Carrington Road, Randwick
Row of Victorian attached houses, c 1870
145
Centennial Park, Randwick
Federation Monument
146
Centennial Park, Randwick
Gates to Centennial Park (Centennial Square)
147
Centennial Park, Randwick
see also Oxford Street, Randwick
 
9 Challis Street, Randwick
Weatherboard house, c 1910
148
23 Chichester Street, Maroubra
Californian bungalow
149
17–19 Clara Street, Randwick
Edwardian semis, c 1910
150
4 Clifton Road, Clovelly
Old timber cottage, well preserved, c 1860s
151
55 Clifton Road, Clovelly
Bungalow style residence, c 1920
152
Clovelly Bay
Clovelly Bay enclosure, including baths, c 1930
153
Clovelly Road (cnr Fern Street), Randwick
Post box
154
49–53 Clovelly Road (cnr Gilderthorpe Avenue), Randwick
Edwardian style commercial building, c 1920
155
105 Clovelly Road, Clovelly
Central European style house
156
107 Clovelly Road, Clovelly
Victorian house, c late 1800s
157
221–223 Clovelly Road, Clovelly
Shopfront and residence, c 1930
158
222–226 Clovelly Road, Clovelly
see 1a Mount Street, Coogee
 
263–269 Clovelly Road, Clovelly
Clovelly RSL & Air Force Club (formerly Kings Theatre), 1939
159
298 Clovelly Road, Clovelly
“Warrah Flats”, c 1920
160
317 Clovelly Road, Clovelly
“Pohills Corner” Inter-war period commercial/residential building, 1926
161
319 Clovelly Road, Clovelly
“Walders Corner” Federation style commercial/residential building, c 1915
162
379 Clovelly Road, Clovelly
Clovelly Hotel, c 1859
163
12 Cobham Street, Maroubra
Brick bungalow, c 1930s
164
21 Cobham Street, Maroubra
Neo-romanesque house
165
28 Coldstream Street, Coogee
“Santa Fe” bungalow, c 1929
166
6 & 8 Conway Avenue, Clovelly
Pair of bungalows, c 1920s
167
Coogee Bay
Giles Baths pool, c 1902
168
Coogee Beach, Coogee
Sandstone wall
169
Coogee Beach (end of Carr Street)
Ross Jones Memorial Pool, c 1947
170
Coogee Beach (adjacent to Grant Reserve)
Women’s Baths, c 1876
171
8–10 Coogee Bay Road, Randwick
“Gower-Galtees”, Art Deco residential flat building, including fence and gate
172
12 Coogee Bay Road, Randwick
Edwardian residence
173
24 Coogee Bay Road, Randwick
“Glen Mervyn”, 1924
174
28 Coogee Bay Road, Randwick
Police station, 1892
175
7–39 Coogee Bay Road, Randwick
“Aeolia”, Brigidine Convent and Chapel
176
81–83 Coogee Bay Road, Coogee
Late Victorian semi-detached houses
177
86 Coogee Bay Road, Coogee
Victorian Gothic house
178
87 Coogee Bay Road, Coogee
Federation residence
179
92–94 Coogee Bay Road, Coogee
Inter-war Art Deco Ocean Liner style flats
180
101 Coogee Bay Road (cnr Byron Street), Coogee
see Byron Street, Coogee
 
165–167 Coogee Bay Road, Coogee
Federation style semi
181
201 Coogee Bay Road, Coogee
Art Deco flats, c 1937
182
253 Coogee Bay Road, Coogee
see 212 Arden Street, Coogee
 
3 Cook Street, Randwick
“Woodville”, Edwardian house, c 1915
183
14 Cook Street, Randwick
Federation house, c 1900
184
26 Cook Street (cnr Francis Street), Randwick
Federation house, c 1916
185
50 Cook Street, Randwick
“Juverna”, Art Deco three-storey flats, c 1940
186
25 Cottenham Avenue, Kensington
Bungalow, c 1920s
187
69 Cottenham Avenue, Kensington
Bungalow, c 1920s
188
5 Courland Street, Randwick
Bungalow, c 1920s
189
Cowper Street, Randwick
Brickwork of Flemish bond, (adjacent to tramway reservation), c 1887
190
29 Cowper Street, Randwick
“Pepadeniya”, Federation bungalow, c 1915
191
33–35 Cowper Street, Randwick
Edwardian semi, c 1915
192
Cowper Street (also known as 78 Avoca Street), Randwick
Randwick Public School, c 1924 and Randwick North High School, 1886
193
81 Cowper Street, Randwick
“Peckham”, Victorian mansion, c 1886
194
7 Cuthill Street, Randwick
Victorian house, c 1890
195
11 Cuthill Street, Randwick
Victorian house
196
Dacre Street (cnr Fishermans Road), Malabar
Cromwell Park sandstone monument, c 1909
197
37 Darley Road, Randwick
“Monte Carlo”, Edwardian house, c 1920s
198
71 Darley Road, Randwick
Federation house, c 1915
199
73 Darley Road, Randwick
Bungalow style dwelling, c 1920s
200
85 Darley Road, Randwick
“Shaldon”, Queen Anne residence, c 1905
201
87 Darley Road, Randwick
“Swan Isle”, two-storey mansion, c 1910
202
115 Darley Road, Randwick
“Wollungra”, corner bungalow
203
127 Darley Road, Randwick
“Alhawa”, Federation house, c 1920
204
135 Darley Road, Randwick
Unusual symmetrical style house, c 1915
205
143 Darley Road, Randwick
Late Edwardian house, c 1919
206
147 Darley Road, Randwick
Edwardian style bungalow, c 1920
207
169–177 Darley Road, Randwick
Row of attached cottages, c 1905
208
195 Darley Road, Randwick
Triple-gabled bungalow
209
199–201 Darley Road (cnr Market Street), Randwick
Federation style semi
210
1–27 Darling Street, Kensington
Row of Edwardian houses, c 1905
211
1–5 Day Avenue, Kensington
Group of three bungalows, c 1930
212
6–10 Day Avenue, Kensington
Group of three bungalows, c 1930
213
24 Day Avenue (cnr Cottenham Avenue), Kensington
Bungalow style dwelling, c 1930
214
1 Dick Street (cnr Glebe Street), Randwick
Federation residence
215
78 Dolphin Street (cnr Glenwood Avenue), Coogee
1920s style dwelling
216
131–133 Dolphin Street (also known as 184 Arden Street), Coogee
Neo-classical residential building, c 1920s
217
169–181 Dolphin Street (cnr Beach Street), Coogee
Coogee Palace, c 1887
218
10–12 Doncaster Avenue, Kensington
Two-storey pair of terraces, c 1880
219
25 Doncaster Avenue, Kensington
“Walsworth”, Victorian cottage, c 1894
220
58 Doncaster Avenue, Kensington
“Creswell”, Victorian terrace, c 1890s
221
68–82 Doncaster Avenue, Kensington
Federation Queen Anne single-storey row house
222
77 Doncaster Avenue, Kensington
Kensington Public School buildings, c 1900
223
88 Doncaster Avenue, Kensington
Victorian mansion
224
127 Doncaster Avenue, Kensington
Edwardian style house, c 1915
225
167 Doncaster Avenue (cnr Day Avenue), Kensington
Corner design bungalow, c 1920s
226
202 Doncaster Avenue, Kensington
Bungalow style dwelling, c 1920s
227
12 Douglas Street (cnr Carey Street), Randwick
Federation style corner house
228
16 Douglas Street, Randwick
Old timber cottage
229
19 Douglas Street, Randwick
Turn of the century house, c 1895
230
57 Dowling Street, Kensington
Edwardian style house, c 1915
231
67 Dowling Street (cnr Baker Street), Kensington
Corner design bungalow
232
16, 18, 20 & 22 Dudley Street, Randwick
4 large freestanding bungalow style residences
233
32–34 & 36 Dudley Street, Randwick
2 large freestanding bungalow style residences
234
23 Duke Street, Kensington
1920s style dwelling
235
6 Duncan Street, Maroubra
1930s bungalow
236
1 Elaroo Avenue, La Perouse
“Yarra Bay House”, c 1903
237
4 Dutruc Street, Randwick
Victorian residence, c 1886
238
9 Dutruc Street (Lot 10 DP 864725), Randwick
Electricity Substation No 287, c 1929
239
11A & 15 Dutruc Street, Randwick
Freestanding Victorian residences
240
21 Dutruc Street, Randwick
Victorian Italianate villa
241
54 Dutruc Street, Randwick
Victorian Italianate residence, c 1890
242
60B & 62–64 Dutruc Street, Randwick
Sandstone cottage and Victorian duplex
243
55–57 Earl Street, Randwick
Timber semi, c 1910
244
59 & 61 Earl Street, Randwick
Timber cottages, c 1910
245
Eastbourne Avenue, Clovelly
Sandstone pillar fountain, 1899
246
28 Everett Street, Maroubra
Californian bungalow, c 1930
247
3 Farnham Avenue (also known as 75A St Marks Road), Randwick
“Farnham House”, c 1860
248
16 Fern Street, Randwick
Victorian cottage
249
65 Fern Street, Clovelly
Victorian Italianate style two-storey house, c 1880 (pair to 67)
250
67 Fern Street, Clovelly
Victorian Italianate style two-storey house, c 1880 (pair to 65)
251
21s Flood Street, Randwick
Electricity Substation No 300, c 1929
252
Lot 1 DP 840568, Frances Street (cnr The Avenue), Randwick
St Jude’s Cemetery
253
2s Frances Street (cnr Prince Street), Randwick
Electricity Substation No 349, c 1929
254
2 Frances Street, Randwick
Federation arts and crafts two-storey dwelling, c 1920
255
4 Frances Street, Randwick
Federation arts and crafts two-storey dwelling, c 1920
256
11 Frances Street, Randwick
Federation arts and crafts single-storey dwelling, c 1900
257
11A Frances Street, Randwick
Federation arts and crafts single-storey dwelling, c 1900
258
14, 14A & 18 Frances Street, Randwick
“The Centre”, “Wirringulla” and “Ballarat House”, Federation mansions
259
231 Franklin Street, Malabar
Malabar Public School, c 1909
260
29 Frenchmans Road, Randwick
Two-storey residence, c 1895
261
38 Frenchmans Road (also known as 2 St Marks Road), Randwick
Duke of Gloucester Hotel, c 1934
262
41 Frenchmans Road, Randwick
“Glendu”, Federation Queen Anne cottage, c 1908
263
49–55 Frenchmans Road, Randwick
Two-storey commercial/residential building
264
66 Frenchmans Road, Randwick
Victorian residence, c 1890
265
107 Frenchmans Road, Randwick
see 6 Barrett Place, Randwick
 
152 Gale Road, Maroubra
Stone bungalow, c 1930
266
78 Gardeners Road, Kingsford
St Spyridon Churches (1961 & 1973)
267
6 & 8 George Street, Randwick
Two-storey stone cottages, c 1860
268
17 Gilderthorpe Avenue (cnr Figtree Avenue), Randwick
“Hooper Cottage”, c 1848
269
63 Gilderthorpe Avenue, Randwick
Federation symmetrical house, c 1910
270
65–67 Gilderthorpe Avenue, Randwick
Federation symmetrical semi-detached houses, c 1910
271
83 Gilderthorpe Avenue, Randwick
Victorian Gothic house, c 1885
272
Giles Baths pool, Coogee Bay
see Coogee Bay
 
27 Goorawahl Avenue, La Perouse
1920s style bungalow
273
2 Gordon Avenue, Coogee
English country house, c 1930s
274
2–26 Gordon Street, Randwick
“Gordon Terrace”, c 1885
275
5 & 7 Greville Street, Clovelly
Terrace/maisonettes
276
6 Greville Street, Clovelly
“Clara”, mid-Victorian style dwelling
277
20 Greville Street (cnr Barry Street), Clovelly
Symmetrical bungalow, c 1930
278
16 Grosvenor Street, Kensington
Edwardian style cottage, c 1920
279
4 Hay Street, Randwick
“Cotswold”, late Victorian cottage, c 1885
280
Henry Head Fort
see Entrance to Botany Bay
 
8–14 Hereward Street, Maroubra
Row of Art Deco style flat buildings, c 1930s
281
15s Higgs Street, Randwick
Electricity Substation No 280, c 1929
282
High Cross Reserve
see North-west cnr Avoca Street and Alison Road, Randwick
 
61 High Street, Randwick
Prince of Wales Hospital group of buildings (former Main Building, Outpatients’ Building and Superintendent’s Residence)
283
1 Hill Street (cnr Arcadia Street), Coogee
Spanish Mission style residence
284
57–59 Hooper Street (cnr Carrington Road), Randwick
Federation style semi, c 1890
285
11 Jane Street, Randwick
Worker’s cottage, c 1865
286
15 Jane Street, Randwick
Two-storey sandstone cottage, c 1860s
287
17 Jennings Street, Matraville
“Alice Villa”, bungalow, c 1930s
288
Lot C DP 180474, Jersey Lane (also known as 465W Bunnerong Road), Matraville
Brick sewer vent, c 1917
289
23 Judge Street (cnr Judge Lane), Randwick
Two-storey Federation house, c 1900
290
1–13 Kemmis Street, Randwick
Late 1800s Victorian terrace row
291
15 & 17 Kemmis Street, Randwick
Wide-fronted pair of late Victorian semi-detached dwellings, c 1890
292
23, 25 & 27 Kemmis Street, Randwick
Grand Victorian houses
293
1, 2C and Lot 101 DP 3292, Kensington Road, Kensington
Our Lady of the Rosary Church and Sacred Heart Convent
294
3 King Street, Randwick
Federation cottage, c 1915
295
86 King Street (Lot 201 DP 879576), Randwick
Brick chimney stack, c 1917
296
86 King Street (Lot 202 DP 879576), Randwick
“Institute Building” No 21, c 1940
297
Kooringal Avenue, Phillip Bay
see Yarra Bay and Yarra Bay Beach and Reserve
 
La Perouse Peninsula
Bare Island Fort and Causeway
298
La Perouse Peninsula
Macquarie Watchtower
299
La Perouse Peninsula
La Perouse Memorial
300
La Perouse Peninsula
Tomb of Pere le Receveur
301
La Perouse Peninsula (Old Cable Station)
see Anzac Parade, La Perouse
 
17 Lee Street, Randwick
Transitional Victorian/Edwardian style residence, c 1910
302
25 Lenthall Street, Kensington
“Hastings”, Federation style dwelling, c 1915
303
30 Lenthall Street, Kensington
Classical revival style dwelling, c 1920s
304
42 Lenthall Street, Kensington
Late Federation style dwelling, c 1915
305
84 Loch Maree Street, Maroubra
Post-war bungalow
306
Mahon Pool, off Marine Parade, Maroubra
see Jack Vanny Reserve, Maroubra
 
Malabar Road, Coogee
Randwick Cemetery
307
85 Malabar Road, Coogee
Timber cottage
308
23 Marcel Avenue, Randwick
“Romona Hall”, Spanish Mission influence flat building, c 1940
309
31 Marcel Avenue, Randwick
Residential flat building with neo-classical entry and shingled bay windows, c 1920s
310
47A Market Street, Randwick
Literary Institute, Inter-war period building
311
Jack Vanny Reserve, Maroubra
Mahon Pool, off Marine Parade, c 1930
312
182 Marine Parade, Maroubra
“Maroubra Beach Hotel”, c 1920
313
139 Maroubra Road, Maroubra
Art Deco style flat building, c 1930s
314
156–164 Maroubra Road, Maroubra
see 892–906 Anzac Parade, Maroubra
 
197–199 Maroubra Road, Maroubra
Maroubra Junction Hotel, c 1920s
315
214 Maroubra Road (cnr Gale Road), Maroubra
Holy Family Church, neo-romanesque style, c 1940
316
306 Maroubra Road, Maroubra
“Eden Monaro”, brick mansion, c 1927
317
325 Maroubra Road, Maroubra
Maroubra Fire Station, c 1920s
318
7 McDougall Street, Kensington
Federation style house
319
10 McDougall Street, Kensington
Federation style house
320
12 McLennan Avenue, Randwick
Californian bungalow, c 1930
321
23 McLennan Avenue, Randwick
Californian bungalow, c 1930
322
25 McLennan Avenue, Randwick
Californian bungalow, c 1930
323
2–20 Mears Avenue, Randwick
Brighton Terrace, c 1886
324
69 Meeks Street, Kingsford
1950s brick house
325
31 Melody Street, Coogee
Bungalow, c 1930s
326
29 Menin Road (Lot 5239 DP 729855), Matraville
Soldiers Settlement Public School, c 1929
327
9 Middle Street, Kingsford
“Lanor”, Edwardian style house, c 1920
328
79 Middle Street (cnr Kennedy Street), Kingsford
Late 1920s style house
329
84 Middle Street (cnr Jane Street), Randwick
St Jude’s Mission Church, c 1885
330
88 Middle Street, Randwick
Old stone cottage, c 1865
331
90 Middle Street, Randwick
Edwardian timber cottage, c 1905
332
2–4 Milford Street, Randwick
Victorian mansion
333
10 Milford Street, Randwick
Californian bungalow
334
16–18 Milford Street, Randwick
Gothic Revival sandstone mansion, c 1853
335
51 Military Road (part), Matraville
Eastern Suburbs Crematorium
336
51 Military Road (part), Matraville (Pioneers Park, Botany Cemetery)
see Bunnerong Road, Matraville
 
55 Milroy Avenue, Kensington
“Marathon”, Federation style dwelling, c 1915
337
45 Mirrabooka Crescent, Little Bay
Complex of townhouses, 1980
338
2 Monmouth Street, Randwick
Federation residence, c 1905
339
19 Monmouth Street, Randwick
Bungalow, c 1931
340
18 Moorina Avenue, Matraville
Post-war brick house
341
1a Mount Street (also known as 222–226 Clovelly Road), Coogee
Art Deco flats, c 1940
342
14 Mount Street, Coogee
Bungalow, c 1940
343
3 Mulwaree Avenue, Randwick
Spanish Mission flats, c 1940
344
34 Murrabin Avenue, Matraville
Late modern style dwelling
345
39 Napier Street, Malabar
Turn-of-the-century house
346
Neptune Street, Coogee
Wylies Baths, c 1907
347
2 Nolan Avenue, Clovelly
Sandstone Georgian cottage, c 1870
348
3–7 Nolan Avenue, Clovelly
Three attached Federation style cottages, c 1900
349
153 Oberon Street, Coogee
Edwardian style bungalow, c 1925
350
245 Oberon Street, Coogee
Electricity Substation No 362, c 1930
351
Ocean Street (also known as 13R Ocean Street), Clovelly
Shark Point, Burrows Park
352
41–45 O’Sullivan Street, Maroubra
Row of semis, c 1940s
353
1–19 Oswald Street, Coogee
Victorian attached houses, c 1880s
354
Oxford Street, Randwick
Superintendent’s residence, Centennial Park, c 1888
355
Oxford Street (Lot 1729 DP 45644), Randwick
Reservoir fence and steps Centennial Park
356
7 Pacific Street, Clovelly
Victorian cottage, c 1870
357
11A Park Avenue, Randwick
“The Pines”, boom style house, c 1885
358
18 Percival Street, Maroubra
“Palmyra”, late Victorian cottage
359
2 Perouse Road, Randwick
Royal Hotel, 1887
360
15–19 Perouse Road, Randwick
Matching pairs of Edwardian cottages and fences
361
84 Perouse Road, Randwick
Grand Edwardian mansion
362
85 Perouse Road, Randwick
Federation house, c 1915
363
98–100 Perouse Road, Randwick
Edwardian style adaptation to irregular blocks, c 1915–1920
364
106 Perouse Road, Randwick
Federation Queen Anne house
365
108 & 110 Perouse Road, Randwick
Federation Queen Anne houses
366
144 Perry Street, Matraville
Matraville Hotel, c 1920s
367
30 Pine Street, Randwick
Transitional style Victorian two-storey house
368
71 Pine Street, Randwick
Edwardian style cottage, c 1900
369
81–83 Pine Street, Randwick
Two-storey Federation semi, c 1905
370
28 Powell Street, Coogee
“Belle”, Federation house
371
2 Prince Street (cnr King Street), Randwick
Three-storey 1930s style block of flats
372
2–10 Prince Edward Street, Malabar
Stella Maris Convent and St Andrew’s Church, c 1930s
373
3 Quail Street, Coogee
Edwardian cottage, c 1910
374
Quarry Reserve, Maroubra
see Cantrill Avenue, Maroubra
 
1 Rae Street, Randwick
Small Gothic church, c 1883
375
3, 5, 7 & 9–11 Rae Street, Randwick
Part of historic streetscape, c 1900
376
11A–23 Rae Street, Randwick
Part of historic residential streetscape, c 1887
377
37 Rae Street (cnr St Marks Road), Randwick
Victorian residence, c 1889
378
90 Rainbow Street, Coogee
Rainbow Street Public School, c 1920s
380
9 Ritchard Avenue, Coogee
1950s style house
381
2 Robey Street, Maroubra
Post-war style residence
382
37 Robey Street, Maroubra
“Elwi Ento”, late modern style dwelling, c 1930s
383
4 Roma Avenue, Kensington
Sacred Heart Monastery and Chapel, c 1895
384
Ross Jones Memorial Pool, Coogee Beach
see Coogee Beach
 
43 Sackville Street, Maroubra
Spanish Mission style residence
385
2 St Marks Road, Randwick
see 38 Frenchmans Road, Randwick
 
4–10 St Marks Road, Randwick
Federation Queen Anne semi-detached single-storey houses
386
43 St Marks Road, Randwick
“Rathven”, large Italianate house, c 1887
387
48–50, 52–56, 58, 60, 62, 64 & 66 St Marks Road, Randwick
Single-storey and two-storey Italianate residences, part of a large and consistent group, c 1884
388
15 St Pauls Street, Randwick
Victorian terrace
389
17 St Pauls Street, Randwick
Federation single-storey cottage
390
19 St Pauls Street, Randwick
Victorian Italianate boom style two-storey house
391
25–27 St Pauls Street, Randwick
Federation single-storey cottage
392
43 St Pauls Street, Randwick
Ritz Theatre
393
44 St Pauls Street, Randwick
Masonic Temple, classic Revival style, c 1920s
394
32 Shackel Avenue, Randwick
Bungalow style residence, c 1920s
395
22 Shaw Avenue, Kingsford
1930s style bungalow
396
4–8 Silver Street, Randwick
Three late Victorian houses, c 1885
397
18–20 Stanley Street (cnr Avoca Street), Randwick
Former Little Sisters of the Poor Chapel, Novitiate and “Aston Lodge”
398
10–14 Stephen Street (cnr Monmouth Street), Randwick
Pair of late Victorian terraces and Edwardian style corner house
399
1 Sully Street, Randwick
Late version, Spanish Mission style flats, c 1950
400
Tay Reserve, Kensington
see Cnr Anzac Parade and Alison Road, Kensington
 
1 The Avenue, Randwick
“Tayar”, Italianate house, c 1900
401
4–6 The Avenue, Randwick
Fire Station, c 1908
402
26–42 The Avenue, Randwick
“Avonmore Terrace”, boom style Victorian terraces, c 1888
403
7 Thomas Street, Randwick
Large bungalow
404
1–21 Todman Avenue, Kensington
Row of Art Deco flat buildings
405
50 Todman Avenue, Kensington
Former Administration building for WD & HO Wills, Raleigh Park
406
85 Todman Avenue, Kensington
“Carthona”, Edwardian house
407
101–103 Todman Avenue, Kensington
St Martin’s Church
408
117–119 Todman Avenue, Kensington
Edwardian style semis
409
161 Todman Avenue, Kensington
“Cooma”, Edwardian mansion, c 1894
410
47 Tunstall Avenue, Kensington
Spanish Mission style dwelling, c 1930s
411
8–10 Victoria Street, Randwick
Two-storey semi-detached houses, c 1860
412
66 Victoria Street, Malabar
“Sunnyside”, Edwardian cottage
413
3 Villiers Street, Kensington
“Bradford”, Edwardian cottage
414
4 Villiers Street, Kensington
“Avalon”, bungalow, c 1920s
415
14–16 Villiers Street, Kensington
Edwardian semi, c 1920
416
42 Wallace Street, Kingsford
Late modern style house
417
44 Wallace Street, Kingsford
Late 1920s style flat building
418
7–9 Walsh Avenue, Maroubra
Semi, c 1930s
419
23–25 Walsh Avenue, Maroubra
Post-war semi
420
1A Waltham Street (cnr Asher Street), Coogee
“Maidstone”, late Victorian mansion, c 1860
421
5 Wentworth Street, Randwick
“Keletera”, symmetrical cottage, c 1920
422
53 Willis Street, Kingsford
Early 1950s mansion
423
65 Willis Street, Kingsford
Innovative 1930s building
424
39 Winchester Road, Clovelly
“Peace”, early bungalow, c 1920
425
11–13 Wise Street, Maroubra
Edwardian style semi
426
Wylie’s Baths, Coogee
see Neptune Street, Coogee
 
Yarra Bay (eastern side of Kooringal Avenue)
Phillip Monument
427
Yarra Bay Beach and Reserve (also known as 0 Kooringal Avenue), Phillip Bay
—
428
11 Yarra Road, La Perouse
Our Lady of the Good Counsel Church, c 1940s
429
22 Young Street, Randwick
Weatherboard cottage, c 1870
430
Young Street (cnr Barker Street), Randwick
Newmarket sale ring, big stable and Newmarket house
431
Bunnerong Road, La Perouse
Chinese Market Garden
 
sch 3: Am 9.10.1998; 30.4.1999; 21.7.2000; 22.12.2000; 8.1.2003.
Schedule 4 Potential archaeological sites
(Clause 49)
Schedule 5 Classification and reclassification of public land as operational
(Clause 42A)
Clovelly
 
Clovelly Road
Land between Beach and Flood Streets, being Lots 19A and 2A, Volume 7836, Folio’s 102 and 101, as shown edged heavy black on Sheet 1 of the map marked “Randwick Local Environmental Plan 1998 (Amendment No 12)”
South Coogee
 
Blenheim Park
Land within Blenheim Park as shown edged heavy black on Sheet 2 of the map marked “Randwick Local Environmental Plan 1998 (Amendment No 12)”
sch 5: Ins 8.9.2000.