Pittwater Local Environmental Plan 1993 (1994 EPI 43)

Part 1 Preliminary

1 Name of plan

This plan may be cited as Pittwater Local Environmental Plan 1993.

2 Aims, objectives etc

This plan aims to incorporate the relevant provisions of Warringah Local Environmental Plan 1985 into a local environmental plan for the area of Pittwater.

3 Land to which plan applies

This plan applies to all land within the area of Pittwater as shown on the Zoning Map.

cl 3: Am 24.9.1999.

4 Relationship to other environmental planning instruments

(1)  This plan amends Warringah Local Environmental Plan 1985 by inserting after clause 3 the following clause:

  

3A Plan does not apply to the area of Pittwater

This plan does not apply to land within the area of Pittwater.

(2)  State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision and Sydney Regional Environmental Plan No 12—Dual Occupancy do not apply to the land to which this plan applies.

cl 4: Am 3.3.1995.

5 Interpretation

(1)  In this plan:

advertisement means a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

aids to navigation means buoys, signs, lights or other structures, located on or in the waterway or on land within the area of Pittwater, which are designed to assist the safe and efficient movement of vessels on the waterway.

appointed day means the day upon which this plan takes effect.

attached dwelling means a dwelling resulting from dual occupancy development attached to another dwelling by a common wall or ceiling where:

(a)  not more than 2 dwellings are erected on the same allotment of land, and

(b)  the habitable floor area of each dwelling shares a common wall, ceiling or floor, and

(c)  the area of the common wall, ceiling or floor is not less than half the area of the wall, ceiling or floor on the respective elevations of each dwelling, and

(d)  the dwellings have the appearance of a single building.

bed and breakfast establishment means a dwelling-house designed to fit into the residential character of the area:

(a)  which is used for the ancillary purpose of providing overnight accommodation for not more than six paying guests, boarders or lodgers at any one time, and

(b)  which is owned by a natural person who lives at the dwelling-house, and

(c)  at which that accommodation is provided on a short-term basis only, up to a maximum of one month for each guest.

business identification sign means an advertisement which, in respect of any place or premises to which it is fixed, contains all or any of the following:

(a)  the identity or a description of the place or premises,

(b)  the identity or a description of any person residing or carrying on an occupation at the place or premises,

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

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

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

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

(g)  particulars of any activities held or to be held at the place or premises,

(h)  a reference to an affiliation with a trade, professional or other association relevant to the business conducted on the place or premises.

car repair station means a building or place used for the purpose of the repair of motor vehicles or the fitting of accessories thereto.

county open space means land shown coloured dark green with red edging on the Zoning Map.

detached dwelling means a dwelling resulting from dual occupancy development completely separate from any other dwelling and having no common wall or ceiling or floor with another dwelling.

dredging means removal of material from the bed of a harbour, river, creek, bay or inlet within the area of Pittwater for the purpose of constructing a new or deeper navigational area or channel, but does not include maintenance dredging.

dual occupancy development means development that results in 2 dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development), and it makes no difference if dual occupancy development is described in another way in this or any other environmental planning instrument.

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 domicile.

educational establishment means a building or area of land used as a school, college, technical college, academy, lecture hall, gallery or museum, whether or not that building is also wholly or partly used for meeting rooms, public entertainment, sport or recreation, child care centres or a cultural or similar use, whether or not for commercial gain, which is, in the opinion of the Council, a use for a community purpose, but does not include a building used wholly or principally as an institution.

external surface, in relation to a building, includes any external wall, wall-cladding, door, door-frame, window-frame, column, roof or fence which is part of, attached to or used in connection with, the building and which is visible from the exterior of the building.

Flat Map means the map marked “Pittwater Local Environmental Plan 1993 Flat Map”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Pittwater Local Environmental Plan 1993 (Amendment No 9)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 17)

Pittwater Local Environmental Plan 1993 (Amendment No 48)

floor space ratio, in relation to a site, means the ratio of the gross floor area of any building or buildings on the site to the site area.

foreshore scenic protection area means any land shown on the Zoning Map by blue hatching.

former Mona Vale TAFE site has the meaning given to it in clause 52.

group building means a building consisting of 2 or more dwellings which are commonly known as group houses, villa homes, town houses, semi-detached or terrace buildings and the like, where each of those dwellings is designed, constructed or adapted for use as a separate dwelling.

habitable floor means any floor containing a room or rooms used or adapted for use for residential purposes such as a bedroom, living room, study, dining room, kitchen, bathroom, laundry or toilet, but excluding any floor used solely for the purpose of carparking or storage.

height of a building means the distance measured vertically from any point of the building to the natural ground level directly below that point.

home occupation means an occupation carried on in a dwelling by the permanent residents of the dwelling and which does not involve:

(a)  the registration of the building under the Factories, Shops and Industries Act 1962 or the licensing of the premises under the Dangerous Goods Act 1975,

(b)  the employment of persons other than those residents,

(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise,

(d)  the display of goods, whether in a window or otherwise, or

(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name and occupation of the resident), or

(f)  the use of the dwelling (or part of the dwelling) as a bed and breakfast establishment.

maintenance dredging means removal of material from the bed of a harbour, river, creek, bay or inlet within the area of Pittwater for the purpose of maintaining the previously established depth.

mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.

mooring means any apparatus located on or in the waterway capable of securing a vessel and which does not have support facilities on nearby land and includes the site of such an apparatus which is temporarily unoccupied.

natural ground level means the existing level of a site in its undisturbed state before any development is carried out on the site.

prescribed material means any material which:

(a)  is of low reflective quality,

(b)  is dark in colour, and

(c)  blends with the landscape in which it is to be used,

or which is intended to be treated so that it will comply with the requirements of paragraphs (a)–(c).

professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of, a dwelling-house and used by not more than three legally qualified medical practitioners (who are not specialist medical practitioners recognised by the Specialist Recognition Advisory Committee for New South Wales established under the Health Insurance Act 1973 of the Commonwealth), or by not more than three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practice therein the profession of medicine, dentistry or health care respectively and who employ not more than three employees in connection with that practice.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department of under the authority of or in pursuance of any Commonwealth or State Act:

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

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

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.

real estate sign means an advertisement which, in respect of any place or premises to which it is affixed, contains only a notice that the place or premises is or are for sale or letting (together with particulars of the sale or letting) and:

(a)  in the case of an advertisement in respect of residential or non-urban premises relating to a letting, sale by private treaty or sale by auction:

(i)  does not exceed 2 square metres in area, and

(ii)  has returns not exceeding 180 millimetres, and

(b)  in the case of an advertisement in respect of commercial or industrial premises, does not exceed 4.5 square metres in area, and

(c)  is not displayed for more than 7 days after the letting or completion of the sale of the premises or place to which the sign relates, and

(d)  is not an illuminated sign of any kind.

recreation area means:

(a)  a children’s playground,

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

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

(i)  the council, or

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

but does not include a racecourse or a showground.

relevant plan of management, for a particular parcel of land within Zone No 6 (a), means a plan of management (being a plan prepared and adopted by the council under the Local Government Act 1993 or the Crown Lands Act 1989) for that parcel.

site area means the area of land (excluding any access handle) to which an application for consent to carry out development relates.

site coverage means the part of the site on which buildings are situated (for the purposes of this definition, buildings includes garages, tennis courts, carports, swimming pools, laundries, drying yards, hard surface recreation areas, garbage collection and handling spaces, other appurtenant buildings and paved areas, such as driveways).

telecommunication facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communication and includes radio masts, transmission towers, satellite dishes and the like.

temporary sign means an advertisement of a temporary nature which:

(a)  announces any local event of a religious, educational, cultural, social or recreational character or relates to any temporary matter in connection with such an event, and

(b)  does not include advertising of a commercial nature (except for the name of an event’s sponsor), and

(c)  is not displayed earlier than 28 days before the day on which the event is to take place and is removed within 7 days after that event.

the council means the Council of Pittwater.

the Dual Occupancy Map means the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 37) Dual Occupancy Map”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Pittwater Local Environmental Plan 1993 (Amendment No 38)—Sheet 3

Pittwater Local Environmental Plan 1993 (Amendment No 52)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 67)—Sheet 3

the Zoning Map means the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 37) Zoning Map”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Pittwater Local Environmental Plan 1993 (Amendment No 38)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 43)

Pittwater Local Environmental Plan 1993 (Amendment No 46)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 49)—Sheet 1

Pittwater Local Environmental Plan 1993 (Amendment No 52)—Sheet 1

Pittwater Local Environmental Plan 1993 (Amendment No 53)—Sheet 1

Pittwater Local Environmental Plan 1993 (Amendment No 54) Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 55)—Sheet 1

Pittwater Local Environmental Plan 1993 (Amendment No 59)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 60)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 62)

Pittwater Local Environmental Plan 1993 (Amendment No 65)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 67)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 70)—Sheet 2

two storey residential flat building means a residential flat building having no more than two habitable floors which may be erected above a level of carparking.

three storey residential flat building means a residential flat building having no more than three habitable floors which may be erected above a level of carparking.

waterway means those parts of the Pittwater waterway below mean high water mark shown coloured blue and edged dark blue on the Zoning Map.

(2)  In this plan, a reference to:

(a)  a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(b)  a map is a reference to a map deposited in the office of the council, and

(c)  the council as consent authority is, in relation to the land within the former Mona Vale TAFE site, a reference to the Minister.

cl 5: Am 29.7.1994; 19.8.1994; 30.9.1994; 3.3.1995; 15.9.1995; 29.9.1995; 23.8.1996; 6.12.1996; 7.2.1997; 8.8.1997; 13.2.1998; 9.4.1998; 15.5.1998; 14.8.1998; 4.9.1998; 1.4.1999; 14.5.1999; 28.5.1999; 24.9.1999; 22.10.1999; 25.2.2000; 9.6.2000; 11.8.2000; 25.8.2000; 8.9.2000; 15.9.2000; 8.12.2000; 2.2.2001; 23.2.2001; 22.6.2001; 6.9.2002; 15.11.2002; 14.3.2003; 9.5.2003; 14.5.2004.

6 Model Provisions

(1)  The Environmental Planning and Assessment Model Provisions 1980 (in this clause referred to as the Model Provisions), except:

(a)  the definitions of advertisement, advertising structure, car repair station, dwelling, educational establishment, general store, home occupation, light industry, major road frontage, mineral sand mine, parking space, professional consulting rooms, public utility undertaking, recreation facility, roadside stall, rural worker’s dwelling, site area, tavern, tourist facilities and units for aged persons in clause 4 (1), and

(b)  clauses 5 (5), 12, 15, 16, 17, 18, 23, 24, 26, 27, 28, 30, 31, 32, 33 and 34 and items 1 and 10 of Schedule 1,

are adopted for the purposes of this plan.

(2)  For the purposes of this plan, the Model Provisions shall be deemed to be amended:

(a)  by inserting in clause 5 (1) after the word “within” the words “a foreshore scenic protection area or within”,

(a1)  by omitting from clause 8 the words “tree preservation order” wherever occurring and by inserting instead the words “tree preservation and management order”,

(b)    (Repealed)

(c)  by omitting from clause 35 (c) the words “carried on in dwelling-houses”,

(d)  by inserting in Item 2 of Schedule 1 after the word “drainage” the words “, telecommunication services”, and

(e)  by inserting in Item 2 (d) of Schedule 1 after the word “electricity” the words “or to provide telecommunication services”.

cl 6: Am 19.8.1994; 3.3.1995; 13.12.1996; 8.8.1997.

7 Consent authority

The council is the consent authority for the purposes of this plan, except in the case of land within the former Mona Vale TAFE site, for which the Minister is the consent authority.

cl 7: Am 30.9.1994; 24.9.1999.

Part 2 General restrictions on development of land

8 Zones indicated on the Zoning Map

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the Zoning Map in the manner specified below in relation to that zone:

Zones

1  Non-urban

Zone No 1 (a) (Non-urban “A”)—coloured light yellow-brown.
Zone No 1 (a1) (Non-urban “A1”)—coloured light yellow-brown with dark yellow edging.
Zone No 1 (b) (Non-urban “B”)—coloured mid brown.
Zone No 1 (c) (Non-urban “C”)—coloured dark brown.

2  Residential

Zone No 2 (a) (Residential “A”)—coloured light scarlet.
Zone No 2 (b) (Residential “B”)—coloured dark scarlet with crimson edging.
Zone No 2 (e) (Residential “E”)—coloured dark scarlet.
Zone No 2 (f) (Urban Purposes—Mixed Residential)—coloured light scarlet with dark red edging and lettered 2 (f).

3  Business

Zone No 3 (a) (General Business “A”)—coloured light blue.
Zone No 3 (b2) (Service Business “B2”)—coloured light blue with dark blue edging.
Zone No 3 (b3) (Waterfront Business “B3”)—coloured light blue with red edging.
Zone No 3 (c) (Neighbourhood Business “C”)—coloured dark blue.
Zone No 3 (d) (Automotive Business “D”)—coloured dark blue with dark blue edging.
Zone No 3 (e) (Office Business “E”)—coloured dark blue with red edging.

4  Industrial

Zone No 4 (b) (Light Industrial “B”)—coloured light purple.
Zone No 4 (b1) (Light Industrial “B1” (Mona Vale))—coloured dark purple.

5  Special Uses

Zone No 5 (a) (Special Uses “A”)—coloured light yellow.

6  Open Space

Zone No 6 (a) (Existing Recreation “A”)—coloured mid green.
Zone No 6 (a1) (Waterways Recreation)—coloured light blue with dark blue edging and lettered 6 (a1).
Zone No 6 (b) (Private Recreation “B”)—coloured mid blue-green.
Zone No 6 (c) (Proposed Recreation)—coloured mid green with dark green edging.
Zone No 6 (d) (National Park and State Recreation Area)—coloured light yellow-green.

7  Environment Protection

Zone No 7 (a) (Environment Protection “A”)—coloured orange.
Zone No 7 (a1) (Environment Protection—Waterways)—coloured light blue with dark blue edging and lettered 7 (a1).

9  Reservations

Zone No 9 (a) (Reservation—Open Space)—coloured dark green.
Zone No 9 (b) (Reservation—County Open Space)—coloured dark green with red edging.
Zone No 9 (c) (Local Road Reservation)—coloured grey between broken black lines.
Zone No 9 (d) (Arterial Road Reservation)—diagonal red hatching.

10  Waterways

Zone No W2 (Residential Waterways)—coloured light blue with dark blue edging and lettered W2.
Zone No W3 (Recreational Boating Facilities)—coloured light blue with dark blue edging and lettered W3.
Zone No W4 (Business Boating Facilities)—coloured light blue with dark blue edging and lettered W4.

cl 8: Am 29.7.1994; 28.5.1999. Subst 24.9.1999.

9 Development control table

Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

(a)  development may be carried out without development consent,

(b)  development may be carried out only with development consent, and

(c)  development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

Table

Zone No 1 (a) (Non-urban “A”)

1 Without development consent

Agriculture (other than pig-keeping or poultry farming); forestry.

2 Only with development consent

Any purpose other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited.

3 Prohibited

Boarding-houses; bulk stores; car repair stations; commercial premises (other than animal training or boarding establishments, caravan parks, veterinary clinics or riding schools); dwelling-houses; heliports; industries (other than rural industries, home industries, extractive industries or industries directly associated or connected with, or dependent upon, extractive industries); junk yards; motor showrooms; recreation establishments; residential flat buildings; shops; warehouses.

Zone No 1 (a1) (Non-urban “A1”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; agriculture (other than pig-keeping or poultry farming); bed and breakfast establishments; child care centres; drainage; educational establishments; helipads; open space; roads; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 1 (b) (Non-urban “B”)

1 Without development consent

Agriculture (other than pig-keeping or poultry farming); forestry.

2 Only with development consent

Any purpose other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited.

3 Prohibited

Bulk stores; car repair stations; clubs; commercial premises (other than animal boarding or training establishments or riding schools); dwelling-houses; group buildings; heliports; industries (other than rural industries or home industries); junk yards; mines; motor showrooms; recreation areas; recreation establishments; residential flat buildings; service stations; shops; warehouses.

Zone No 1 (c) (Non-urban “C”)

1 Without development consent

Agriculture (other than pig-keeping or poultry farming).

2 Only with development consent

Advertisements; bed and breakfast establishments; child care centres; drainage; educational establishments; hospitals; places of public worship; professional consulting rooms; roads; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 2 (a) (Residential “A”)

1 Without development consent

Nil.

2 Only with development consent

Any purpose other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited.

3 Prohibited

Boarding-houses; bulk stores; car repair stations; caravan parks; commercial premises; generating works; group buildings; helipads; heliports; industries; institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; places of assembly; recreation areas; recreation establishments; refreshment rooms; residential flat buildings; retail plant nurseries; sawmills; service stations; shops; stock and sale yards; transport terminals; warehouses.

Zone No 2 (b) (Residential “B”)

1 Without development consent

Nil.

2 Only with development consent

Any purpose other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited.

3 Prohibited

Bulk stores; car repair stations; caravan parks; commercial premises; generating works; group buildings; helipads; heliports; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; places of assembly; recreation areas; recreation establishments; residential flat buildings; retail plant nurseries; sawmills; shops; stock and sale yards; transport terminals; warehouses.

Zone No 2 (e) (Residential “E”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; bed and breakfast establishments; child care centres; clubs; drainage; education establishments; group buildings; places of public worship; professional consulting rooms; open space; public buildings; roads; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 2 (f) (Urban Purposes—Mixed Residential)

1 Without development consent

Nil.

2 Only with development consent

Residential buildings; associated community and urban infrastructure.

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 3 (a) (General Business “A”)

1 Without development consent

Commercial premises involving the use of buildings where the gross floor area of each commercial premises does not exceed 2000 square metres and not involving the erection, alteration, extension or rebuilding of those buildings; shops involving the use of buildings where the gross floor area of each shop does not exceed 1500 square metres and not involving the erection, alteration, extension or rebuilding of those buildings.

2 Only with development consent

Any purpose other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited.

3 Prohibited

Bed and breakfast establishments; boarding-houses, dwelling-houses, group buildings or residential flat buildings (other than those attached to shops or commercial premises); caravan parks; gas holders; generating works; industries specified in Schedule 1; institutions; junk yards; liquid fuel depots; mines; recreation establishments; road transport terminals; stock and sale yards.

Zone No 3 (b2) (Service Business “B2”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; dwelling-houses, group buildings or residential flat buildings used in association with purposes specified in Schedule 2; purposes specified in Schedule 2; roads; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 3 (b3) (Waterfront Business “B3”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; boat storage, repairs and servicing; dwelling-houses used in conjunction with purposes included under this heading; hire of marine craft; marinas; roads; ships’ chandlery; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 3 (c) (Neighbourhood Business “C”)

1 Without development consent

Shops involving the use of buildings where the gross floor area of each shop does not exceed 500 square metres and not involving the erection, alteration, extension or rebuilding of those buildings.

2 Only with development consent

Advertisements; child care centres; purposes specified in Schedule 3; refreshment rooms; roads; shops other than those permitted without development consent; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 3 (d) (Automotive Business “D”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; auto-electricians’ workshops; automotive spare parts and accessories sales and fitting; battery supplies and repairs; car repair stations; dwelling-houses used in conjunction with purposes referred to under this heading; motor showrooms; panel beating or spray painting establishments or both; parking stations; roads; service stations; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 3 (e) (Office Business “E”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; agriculture; child care centres; commercial premises; drainage; dwelling-houses used in conjunction with commercial premises or industry and situated on the land on which the commercial premises or industry are or is conducted; industries (other than those referred to in Schedule 1 or 4); public buildings; refreshment rooms; roads; shops referred to in Schedule 5; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 4 (b) (Light Industrial “B”)

1 Without development consent

Nil.

2 Only with development consent

Any purpose other than a purpose for which development is prohibited.

3 Prohibited

Bed and breakfast establishments; boarding-houses, dwelling-houses, group buildings or residential flat buildings (other than those used in conjunction with industry and situated on the land on which the industry is conducted); caravan parks; commercial premises other than those referred to in Schedule 6; educational establishments; heliports; hospitals; hotels; industries specified in Schedule 1; institutions; junk yards; liquid fuel depots; mines; motels; professional consulting rooms; recreation establishments; refreshment rooms; retail plant nurseries; shops (other than those specified in Schedule 6); stock and sale yards.

Zone No 4 (b1) (Light Industrial “B1” (Mona Vale))

1 Without development consent

Nil.

2 Only with development consent

Any purpose other than a purpose for which development is prohibited.

3 Prohibited

Bed and breakfast establishments; boarding-houses, dwelling-houses, group buildings or residential flat buildings (other than those used in conjunction with industry and situated on the land on which the industry is conducted); caravan parks; commercial premises other than those referred to in Schedule 6; educational establishments; heliports; hospitals; hotels; industries specified in Schedule 1; institutions; junk yards; liquid fuel depots; mines; motels; professional consulting rooms; recreation establishments; refreshment rooms; retail plant nurseries; shops (other than those specified in Schedule 6 and shops for the sale of ships’ chandlery); stock and sale yards.

Zone No 5 (a) (Special Uses “A”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; drainage; helipads; roads; the purpose indicated by scarlet lettering on the Zoning Map and any purpose ordinarily incidental or subsidiary thereto; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 6 (a) (Existing Recreation “A”)

1 Without development consent

Any land use set out under the heading “Permissible Uses Exempt” in any relevant plan of management. For land which is reserved or dedicated under the National Parks and Wildlife Act 1974, any development authorised by that Act and any development incidental or ancillary to such development, subject to the approval of the Director-General of National Parks and Wildlife.

2 Only with development consent

Any land use set out under the heading “Permissible Uses Requiring Development Consent” in any relevant plan of management.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 6 (a1) (Waterways Recreation)

1 Without development consent

Aids to navigation; moorings in existence at the date of coming into operation of Pittwater Local Environmental Plan 1993 (Amendment No 1) (where such moorings are the subject of an occupation licence issued under the Maritime Services Act 1935); recreational activities; replacement or relocation within the same mooring area of such moorings or of moorings which have been located and either erected or laid with the consent of the council.

2 Only with development consent

Moorings (other than moorings permitted without consent by item 1); public wharves, jetties, pontoons and boat launching ramps; transport services and facilities associated with the waterway (other than helipads, heliports or helicopter landing areas); utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 6 (b) (Private Recreation “B”)

1 Without development consent

Nil.

2 Only with development consent

Advertisements; boarding-houses, dwelling-houses, group buildings or residential flat buildings required for use or occupation by persons employed in connection with a purpose permissible under this heading; commercial premises or industries required in connection with a purpose permissible under this heading; helipads; recreation areas; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 6 (c) (Proposed Recreation)

1 Without development consent

Nil.

2 Only with development consent

Agriculture; drainage; forestry; roads; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 6 (d) (National Park and State Recreation Area)

1 Without development consent

Development permissible under the National Parks and Wildlife Act 1974.

2 Only with development consent

Nil.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent.

Zone No 7 (a) (Environment Protection “A”)

1 Without development consent

Nil.

2 Only with development consent

Drainage; landscaping; passive public recreation; utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out only with development consent.

Zone No 7 (a1) (Environment Protection—Waterways)

1 Without development consent

Aids to navigation; estuarine habitats; moorings in existence at the date of coming into operation of Pittwater Local Environmental Plan 1993 (Amendment No 1) (where such moorings are subject of an occupation licence issued under the Maritime Services Act 1935); recreational activities.

2 Only with development consent

Drainage; estuarine habitat regeneration; transport services and facilities associated with the waterway (other than helipads, heliports or helicopter landing areas); utility installations.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 9 (a) (Reservation—Open Space)

1 Without development consent

Foreshore reservations; parks.

2 Only with development consent

Drainage; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 9 (b) (Reservation—County Open Space)

1 Without development consent

Foreshore reservations; parks.

2 Only with development consent

Drainage; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 9 (c) (Local Road Reservation)

1 Without development consent

Drainage; new local roads and widening of existing local roads.

2 Only with development consent

Utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No 9 (d) (Arterial Road Reservation)

1 Without development consent

Drainage; new arterial roads and widening of existing arterial roads.

2 Only with development consent

Utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No W2 (Residential Waterways)

1 Without development consent

Aids to navigation; moorings in existence at the date of coming into operation of Pittwater Local Environmental Plan 1993 (Amendment No 1) (where such moorings are the subject of an occupation licence issued under the Maritime Services Act 1935); recreational activities; replacement or relocation within the same mooring area of such moorings or of moorings which have been located and either erected or laid with the consent of the council.

2 Only with development consent

Development ordinarily incidental or subsidiary to development permissible with or without consent within Zone No 2 (a); transport services and facilities associated with the waterway (other than helipads, heliports or helicopter landing areas).

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No W3 (Recreational Boating Facilities)

1 Without development consent

Recreational activities.

2 Only with development consent

Development ordinarily incidental or subsidiary to clubs associated with recreational activities on the waterway.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

Zone No W4 (Business Boating Facilities)

1 Without development consent

Recreational activities.

2 Only with development consent

Development ordinarily incidental or subsidiary to waterfront business or boat service facilities.

3 Prohibited

Any purpose other than a purpose for which development may be carried out without development consent or only with development consent.

cl 9, table: Am 29.7.1994; 8.8.1997; 15.5.1998; 14.5.1999; 28.5.1999; 24.9.1999; 8.9.2000; 23.2.2001.

10 Restrictions on certain development

A person shall not, without the consent of the council, carry out any of the following development:

(a)  subdivision of land, including subdivision for the purpose of a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or a leasehold strata scheme under the Strata Schemes (Leasehold Development) Act 1986,

(b)  earthworks, including landfill, whether or not ancillary to or preparatory for a purpose for which development may be carried out without development consent pursuant to the Table to clause 9, except in respect of development the subject of consent already granted under the Act or works required pursuant to the implementation of an approval under the Local Government Act 1993,

(c)  development in respect of:

(i)  land below mean high water mark,

(ii)  the bed of a creek, lagoon, river, bay or other natural watercourse, or

(iii)  any reclaimed or accreted land,

other than development on land to which Pittwater Local Environmental Plan 1993 (Amendment No 1) applies,

(d)  development for the purpose of an aircraft landing field, helipad, heliport or any other facility for the landing or taking off of aircraft or helicopters.

cl 10: Am 29.7.1994; 28.6.1996; 24.9.1999.

Part 3 Special provisions

Division 1 Subdivision of land

11 Subdivision in residential zones

(1)  The aim of this clause is to create more varied allotment sizes, improve residential amenity and enhance the environment in relation to land to which this clause applies.

(2)  A person shall not subdivide land within Zone No 2 (a) or 2 (b) generally north of Mona Vale Road, Mona Vale and east of Chiltern Road, Ingleside, unless each allotment to be created by the subdivision will have an area of not less than 700 square metres within Zone No 2 (a) or 2 (b), exclusive of any access corridor.

(3)  A person shall not subdivide land within Zone No 2 (a) or 2 (b) generally south of Mona Vale Road, Ingleside and Mona Vale, unless:

(a)  each allotment with road frontage created by the subdivision will have an area of not less than 550 square metres within Zone No 2 (a) or 2 (b), and

(b)  each internal or hatchet shaped allotment created by the subdivision will have an area of not less than 660 square metres, exclusive of any access corridor and the whole of the allotment will be within Zone No 2 (a) or 2 (b).

12 Subdivision in non-urban zones

(1)  The aim of this clause is to improve amenity and enhance the environment in relation to land to which this clause applies.

(2)  A person shall not subdivide land within a Zone specified in Column I of the Table to this clause unless the area of each allotment to be created by the subdivision within the Zone will not be less than the area specified opposite that Zone in Column II of that Table.

(3)  Subclause (2) does not apply to an allotment of land within Zone No 1 (a1) that the council is satisfied will be used for the purpose of an education establishment.

Table

Column 1	Column 2
Zone	Minimum Area
1 (a)	2 hectares
1 (a1)	20 hectares
1 (b)	1 hectare
1 (c)	4,000 square metres

13 Subdivision of certain land at Bayview Heights

(1)  This clause applies to the allotments of land situated at Bayview Heights, being:

(a)  Lots 31, 32, 37 and 38, DP 28908,

(b)  Lot 2, DP 577145, and

(c)  Lot Y, DP 103881.

(2)  Notwithstanding any other provision of this plan, a person may, with the consent of the council, subdivide any of the allotments to which this clause applies into not more than 3 allotments, each allotment so created being not less than 4,000 square metres in area.

14 Subdivision of further land at Bayview Heights

(1)  This clause applies to land situated at Bayview Heights, being lots 3 and 6, DP 19161, lots D and E, DP 395027, lot B, DP 380266, and lot X, DP 395049.

(2)  Notwithstanding any other provision of this plan, a person may, with the consent of the council, subdivide the land to which this clause applies so as to create allotments:

(a)  which will not exceed a density of one allotment for each 6000 square metres of the area of that land, and

(b)  each of which will not be less than 4000 square metres in area.

14A Subdivision of certain land at Walter Road, Ingleside

(1)  This clause applies to Lot A, DP 103294 and Lot A, DP 103295, Walter Road, Ingleside, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 59)—Classification Map”.

(2)  Despite any other provision of this plan, a person may, with the consent of the Council, subdivide the land to which this clause applies so as to create not more than 8 allotments.

(3)  Each allotment created under subclause (2) is to have an area of not less than 1.8 hectares.

cl 14A: Ins 6.9.2002.

15 Subdivision of certain land at Palm Beach

(1)  This clause applies to land situated within the area of Pittwater at Palm Beach, being Lot 1, DP 792259, Lot 39, DP 6746, Lot 38 (part), Vol 5795, Folio 153, Part Lot 38, Vol 5795, Folio 153 (road reserve), and Lots 1 and 2, DP 304661, and known as Nos 1102–1108 Barrenjoey Road, Palm Beach.

(2)  Notwithstanding any other provision of this plan, the council is not to consent to the subdivision of such parts of the land to which this clause applies as are within Zone No 2 (a) so as to create an allotment which will have an area of less than 1,200 square metres.

15A Subdivision of certain land at Ruskin Rowe, Avalon

(1)  This clause applies to land, having a frontage to Ruskin Rowe, Avalon as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 8)—Heritage Conservation”.

(2)  Notwithstanding any other provision of this plan, the council is not to consent to the subdivision of land to which this clause applies except for the following purposes:

(a)  the making of an adjustment to a boundary between allotments that does not create an additional allotment,

(b)  the rectifying of an encroachment on an allotment,

(c)  the excising from an allotment of land that is or is intended to be used for public purposes, including drainage, rescue services, public conveniences or public reserve.

cl 15A: Ins 3.3.1995.

15B Subdivision of certain land at Ocean Road, Palm Beach

(1)  This clause applies to land having a frontage to Ocean Road, Palm Beach as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 32)—Heritage Conservation”.

(2)  Notwithstanding any other provision of this plan, the council is not to consent to the subdivision of such parts of the land to which this clause applies as are within Zone No 2 (a) except for the following purposes:

(a)  the making of an adjustment to a boundary between allotments that does not create an additional allotment,

(b)  the rectifying of an encroachment on an allotment,

(c)  the excising from an allotment of land that is or is intended to be used for public purposes, including drainage, rescue services, public conveniences or a public reserve.

cl 15B: Ins 4.6.1999.

Division 2 Dwelling-houses

16 Dwelling-houses in Zone No 2 (a), 2 (b) or 2 (e)

A person shall not erect a dwelling-house on an allotment of land within Zone No 2 (a), 2 (b) or 2 (e) unless that allotment was lawfully created.

17 Dwelling-houses in Zone No 1 (a), 1 (a1), 1 (b) or 1 (c)

(1)  Except as provided by this clause, the erection of a dwelling-house on land within Zone No 1 (a), 1 (a1), 1 (b) or 1 (c) is prohibited.

(2)  A person may, without the consent of the council, erect a dwelling-house on an allotment of land within Zone No 1 (a), 1 (b) or 1 (c) where the allotment:

(a)  was created by a subdivision which was not prohibited under clause 12,

(b)  is 4000 square metres or more in area and was lawfully created prior to 13 August 1982,

(c)  was otherwise lawfully created before the commencement of this clause,

(d)  is not within that part of Zone No 1 (a) shown hatched blue on the Zoning Map, except as provided for in clause 17A, or

(e)  is not land to which clause 13 or 14 applies.

(3)  A person may, but only with the consent of the council, erect a dwelling-house on a parcel of land within Zone No 1 (a1) which has an area of at least 20 hectares.

(4)  A person may, but only with the consent of the council, erect a dwelling-house on an existing parcel of land within Zone No 1 (a1) having an area of less than 20 hectares but not less than 2 hectares.

(5)  Except as provided by subclause (6), for the purposes of subclause (4), existing parcel of land includes all adjacent or adjoining land held in the same ownership on 8 March 1974.

(6)  Subclause (5) does not apply with respect to any parcel of land within that land known as Portion 80, Parish of Narrabeen, and in existence on 8 March 1974.

(7)  A person may, but only with the consent of the council, erect a dwelling-house on an allotment created as a result of a subdivision referred to in clause 13 or 14.

cl 17: Am 23.12.1994; 24.9.1999.

17A Dwelling-houses on certain land at Ingleside

(1)  This clause applies to that land at Ingleside within that part of Zone No 1 (a) shown hatched blue on the Zoning Map and identified in Schedule 12.

(2)  Notwithstanding any other provision in this plan, a person may, with the consent of the council, erect a dwelling-house on land to which this clause applies.

(3)  The council shall not grant consent to development for the purposes of a dwelling-house unless:

(a)  satisfactory provision has been made with the Sydney Water Corporation for the supply of water, and

(b)  satisfactory provision has been made with the Sydney Water Corporation for the disposal of stormwater and sewage, and

(c)  in the opinion of the council, adequate vehicular access is available.

(4)  The council shall not grant consent to the carrying out of development unless the consent includes a condition requiring that development is not to commence unless satisfactory arrangements have been made for obtaining a section 73 Compliance Certificate from the Sydney Water Corporation in relation to the provision, adjustment or amplification of water, sewerage or stormwater systems, as required by that Corporation.

cl 17A: Ins 23.12.1994. Am 24.9.1999.

17B Development of certain land at Walter Road, Ingleside

(1)  Despite any other provision of this plan, a person may, with the consent of the Council, erect a dwelling-house on each of the lots created pursuant to clause 14A.

(2)  The Council must not grant consent to development for the purpose of a dwelling-house on a lot so created unless, in the opinion of the Council:

(a)  satisfactory provision has been made with the Sydney Water Corporation for the supply of water, and

(b)  satisfactory provision has been made for the disposal of sewage, and

(c)  adequate vehicular access is available, and

(d)  adequate provision has been made for on-site stormwater management, water quality control and effluent control, and

(e)  adequate provision has been made for bushfire management.

(3)  Despite any other provision of this plan, no development (other than development for the purpose of boundary fences) is permissible on an area identified as “Natural Bushland” and shown edged heavy green and with stipple on Sheet 2 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 59)”.

cl 17B: Ins 6.9.2002.

Division 3 Group buildings and residential flat buildings

18 Provision of services

The council shall not grant consent to the erection of a group building or residential flat building on any land within Zone No 2 (a), 2 (b) or 2 (e) unless it is satisfied that, at the time of completion of the building, a reticulated sewerage system will be available to the land on which the building will be erected.

19 Group buildings in Zone No 2 (a), 2 (b) or 2 (e)

(1)  Except as provided by this clause, the erection of a group building on land within Zone No 2 (a), 2 (b) or 2 (e) is prohibited.

(2)  A group building may be erected on land within Zone No 2 (a), 2 (b) or 2 (e) only in an area shown edged heavy black and identified by the symbols “GB”, “2” or “3” on the Flat Map.

(3)  A group building may be erected on land within the former Mona Vale TAFE site, despite subclause (2).

cl 19: Am 30.9.1994; 24.9.1999.

20 Residential flat buildings in Zone No 2 (a) or 2 (b)

(1)  Except as provided by this clause, the erection of a residential flat building on land within Zone No 2 (a) or 2 (b) is prohibited.

(2)  A two storey residential flat building may be erected on land within Zone No 2 (a) or 2 (b) only in an area shown edged heavy black and identified by the symbol “2” or “3” on the Flat Map.

(3)  A three storey residential flat building may be erected on land within Zone No 2 (a) or 2 (b) only in an area shown edged heavy black and identified by the symbol “3” on the Flat Map.

(4)  A development application that was made but not finally determined before the commencement of Pittwater Local Environmental Plan 1993 (Amendment No 29) shall be determined under this plan as in force immediately prior to the commencement of Pittwater Local Environmental Plan 1993 (Amendment No 29).

cl 20: Am 14.5.1999.

21 Advertising of development for the purpose of group buildings or residential flats

(1)  Pursuant to section 30 (4) of the Act, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development on land within Zone No 2 (a), 2 (b) or 2 (e) for the purposes of a group building or a residential flat building in the same way as those provisions apply to and in respect of designated development.

(2)  Subclause (1) does not apply to the carrying out of alterations and additions to an existing group building or residential flat building if, in the opinion of the council, the alterations and additions are of a minor nature and do not to any significant extent change the scale, size or degree of the existing development, and do not prejudice the interests of adjoining owners by the carrying out of the development.

Division 3A Dual occupancy development

pt 3, div 3A: Ins 3.3.1995.

21A (Repealed)

cl 21A: Ins 3.3.1995. Am 23.8.1996; 7.2.1997; 4.7.1997; 13.2.1998; 4.9.1998; 1.4.1999. Rep 24.9.1999.

21B Dual occupancy development prohibited in Area 1

Despite any other provision of this plan, dual occupancy development on land within Area 1 as shown on the Dual Occupancy Map is prohibited.

cll 21B–21D: Ins 3.3.1995. Am 24.9.1999.

21C Attached dwellings permitted in Areas 2 and 3

Despite any other provision of this plan, a person may, with the consent of the council, on land within Area 2 or 3 as shown on the Dual Occupancy Map:

(a)  alter or add to a dwelling-house erected on an allotment so as to create 2 attached dwellings, or

(b)  erect an attached dwelling on an allotment,

but only if there are not more than 2 dwellings on the allotment after the development has been carried out.

cll 21B–21D: Ins 3.3.1995. Am 24.9.1999.

21D Detached dwellings permitted in part of Area 3

Despite any other provision of this plan, a person may, with the consent of the Council, on land within that part of Area 3 (as shown on the Dual Occupancy Map) situated generally south of Mona Vale Road, Ingleside, through to Mona Vale, Pittwater Road, Park Street, and Golf Avenue, Mona Vale, carry out dual occupancy development that results in 2 detached dwellings on an allotment but only if there are not more than 2 dwellings on the allotment after the development has been carried out.

cll 21B–21D: Ins 3.3.1995. Am 24.9.1999.

21E Attached dwellings in non-urban zones

(1)  This clause applies to land within Zone No 1 (a), 1 (a1), 1 (b) or 1 (c) (other than land to which Clause 17A applies).

(2)  Despite any other provision of this plan, if development for the purpose of a dwelling may be carried out in an allotment of land to which this clause applies, a person may, with the consent of the Council:

(a)  alter or add to a dwelling-house erected on the allotment so as to create 2 attached dwellings, or

(b)  erect an attached dwelling on the allotment,

but only if there are not more than 2 dwellings on the allotment after the development has been carried out.

(3)  The Council must not grant its consent to dual occupancy development on land to which this clause applies unless it is satisfied that:

(a)  the height of any building proposed to be erected will not exceed 8.5 metres, and

(b)  a minimum of 2 car spaces per dwelling will be provided.

cl 21E: Ins 3.3.1995.

21F Dual occupancy subdivision

(1)  On and after the day on which Pittwater Local Environmental Plan 1993 (Amendment No 11) commences, consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings resulting from dual occupancy development carried out in accordance with this Division.

(2)  The separate occupation of the proposed lots illustrated by a proposed strata plan relating to the two dwellings resulting from any such dual occupancy development is prohibited.

(3)  This clause does not apply to any two dwellings resulting from development carried out pursuant to a consent:

(a)  granted in accordance with this Division later than 14 days after Pittwater Local Environmental Plan 1993 (Amendment No 11) was first exhibited under the Act, but only if the application for the consent was made before the expiration of that 14 day period, or

(b)  granted in accordance with this Division on or after 3 March 1995 and before the expiration of that 14 day period, or

(c)  granted before 3 March 1995 in accordance with Sydney Regional Environmental Plan No 12—Dual Occupancy and Part 3 of State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision, or

(d)  granted on or after 3 March 1995 in accordance with Sydney Regional Environmental Plan No 12—Dual Occupancy and Part 3 of State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision as continued in force for certain development applications made before that date by clause 8 (Saving of certain development applications) of Pittwater Local Environmental Plan 1993 (Amendment No 6).

cl 21F: Ins 3.3.1995. Subst 9.2.1996. Am 1998 No 54, Sch 2.14 [2].

21G Attached dwellings prohibited in business zones

Dual occupancy development is prohibited on land within Zone No 3 (a), 3 (b2), 3 (b3), 3 (c), 3 (d) or 3 (e).

cl 21G: Ins 3.3.1995.

21H Standards for dual occupancy development in Areas 2 and 3

(1)  The Council must not grant its consent to dual occupancy development on land within Area 2 or 3 as shown on the Dual Occupancy Map (other than on land within Zone No 1 (a), 1 (a1), 1 (b) or 1 (c)) unless it is satisfied that the development complies with each of the development standards specified in the following table:

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Area description and type of development	Minimum lot / subdivision size	Maximum floor space ratio	Maximum site coverage	Maximum height	Minimum carparking
Area 2—attached dwellings	400m2 per dwelling (and 800m2 per site)	0.3:1	40%	8.5m	2 car spaces per dwelling
Area 3—attached dwellings	300m2 per dwelling (and 600m2 per site)	0.4:1	50%	8.5m	2 car spaces per dwelling
Area 3 (south of Mona Vale Road)— detached dwellings	400m2 per dwelling (and 800m2 per site)	0.4:1	50%	8.5m for one dwelling and 3.6m for the other dwelling	2 car spaces per dwelling

cl 21H: Ins 3.3.1995. Am 24.9.1999.

cl 21H, table: Subst 15.9.2000.

21I Privacy and amenity

The Council must not grant its consent to dual occupancy development unless it is satisfied that:

(a)  adequate provision is made in respect of the privacy of the proposed dwelling or dwellings (or any existing dwelling on the allotment) and any adjacent or nearby dwelling and their curtilages, and

(b)  adequate provision is made in respect of access to natural light for the proposed dwelling or dwellings (or any existing dwelling on the allotment) and any adjacent or nearby dwelling and their curtilages.

cll 21I–21K: Ins 3.3.1995.

21J Bushland and landscape

(1)  The Council must not grant its consent to dual occupancy development unless it is satisfied that the development will not have an adverse effect of any significance on:

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

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

(c)  the protection of bushland as a natural stabiliser of the soil surface and the protection of existing land forms, such as natural drainage lines and water courses, and

(d)  the protection of bushland for scenic values and the retention of the unique visual identity of the landscape, and

(e)  the retention of tree canopy and the protection of the visual amenity of the area, including its visual amenity when viewed from other residences, from the water and any public place, and

(f)  Aboriginal sites.

cll 21I–21K: Ins 3.3.1995.

21K Services

The Council must not grant its consent to dual occupancy development unless it is satisfied that:

(a)  adequate arrangements have been made for the removal and disposal of waste from each dwelling in the development, and

(b)  adequate arrangements have been made for access for the purposes of maintaining services and buildings, and

(c)  adequate arrangements have been made for off-street carparking.

cll 21I–21K: Ins 3.3.1995.

Division 3B Multi unit housing

pt 3, div 3B: Ins 9.4.1998.

21L Aims

The aims of this Division are to:

(a)  encourage a greater diversity of housing types and wider housing choice in appropriate locations with adequate physical and social infrastructure, and

(b)  provide additional opportunities for more compact forms of housing within residential areas which are not environmentally sensitive, and

(c)  assist revitalisation of existing commercial centres by providing increased opportunities for housing in certain business zones to help reduce the journey to work by car and stimulate local employment through increased activity in those centres.

cl 21L: Ins 9.4.1998.

21M Definitions

In this Division:

cluster housing means residential development which:

(a)  includes the subdivision of land into three or more residential allotments and the erection of a detached dwelling on each allotment, and

(b)  includes in the subdivision an allotment of land for private recreation or landscaping purposes for use by the occupants of all dwellings within such development.

integrated residential development means residential development which includes a mix of detached dwellings and group buildings designed in accordance with an overall concept plan for the development site.

multi-unit housing map means the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 24)” as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Pittwater Local Environmental Plan 1993 (Amendment No 28)

Pittwater Local Environmental Plan 1993 (Amendment No 35)

Pittwater Local Environmental Plan 1993 (Amendment No 49)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 55)—Sheet 2

Pittwater Local Environmental Plan 1993 (Amendment No 57)

Pittwater Local Environmental Plan 1993 (Amendment No 63)

Pittwater Local Environmental Plan 1993 (Amendment No 66)

Pittwater Local Environmental Plan 1993 (Amendment No 69)

shop-top housing means a dwelling, group building or residential flat building in a business zone attached to and integrated with premises used for a non-residential purpose that is permitted in the relevant business zone.

multi-unit housing means residential development (other than dual occupancy development) which comprises:

(a)  a group building, or

(b)  shop-top housing consisting of more than one dwelling, or

(c)  cluster housing, or

(d)  integrated residential development.

cl 21M: Ins 9.4.1998. Am 9.10.1998; 30.7.1999; 25.8.2000; 8.6.2001; 22.6.2001; 24.1.2003; 27.2.2004.

21N Multi-unit housing in Zone No 2 (a) or 2 (b)

(1)  Except as provided by this clause, the erection of multi-unit housing on land within Zone No 2 (a) or 2 (b) is prohibited.

(2)  Despite any other provision of this plan, multi-unit housing (except shop-top housing) may be erected with the consent of the Council on land within Zone No 2 (a) or 2 (b) only in an area shown edged heavy black and identified by the symbols “MUH” on the multi-unit housing map.

(3)  Multi-unit housing referred to in subclause (2) shall not be erected at a density exceeding 1 dwelling per 200 square metres of site area.

cll 21N: Ins 9.4.1998.

cll 210: Ins 9.4.1998.

21O Multi-unit housing in Zone No 3 (a), 3 (b2) or 3 (c)

(1)  Except as provided by this clause, the erection of multi-unit housing on land within Zone No 3 (a), 3 (b2) or 3 (c) is prohibited.

(2)  Despite any other provision of this plan, shop-top housing in Zone No 3 (a), 3 (b2) or 3 (c) may be erected with the consent of the Council on land within those zones only in the area shown edged heavy black and identified by the symbols “STH” on the multi-unit housing map.

Division 4 Industrial use of land

22 Development on land within Zone No 3 (e)

The council shall not consent to the carrying out of development on land within Zone No 3 (e) for a purpose specified in item 2 of the matter relating to that zone in the Table to clause 9 if the development provides for vehicular access from that land to Pittwater Road or Mona Vale Road.

23 Industrial use of land

A person shall not, on any land within Zone No 3 (a), 3 (b2), 3 (b3), 3 (c) or 3 (d), erect or use a building or use the land for the purposes of an industry if:

(a)  the total floor space of the building or the part of the building so used or proposed to be used or the total area of the land so used or proposed to be used exceeds or will exceed 500 square metres, or

(b)  the allotment of land upon which the proposed development is to be carried out exceeds 1000 square metres in area.

Division 5 Building and development generally

24 Designated development

For the purposes of the Act, development referred to in Schedule 7 is declared to be designated development.

25 Protection of Narrabeen Lagoon

The council shall not grant consent to the carrying out of development on land within Zone No 1 (a1) unless it is satisfied that the development will not:

(a)  create siltation of Narrabeen Lagoon,

(b)  mar the landscape or landforms in the environs of Narrabeen Lagoon, or

(c)  pollute Narrabeen Lagoon.

25A Development of certain land at Bilgola

(1)  This clause applies to land at Barrenjoey Road, Bilgola, being Lot 1, DP 228938 and so much of Lot 3, DP 534831, as is within Zone No 2 (a).

(2)  For the purposes of this clause:

accessway includes a private or public area containing a constructed carriageway for the purpose of providing a shared vehicular access.

(3)  The Council must not consent to any subdivision of the land to which this clause applies unless the area of each proposed allotment on which it is satisfied a dwelling will be erected is not less than 1200 square metres.

(4)  The Council must not consent to a subdivision of the land that will create an allotment on which it is satisfied a dwelling will be erected unless the Council has taken into consideration whether the dwelling, the vehicular and pedestrian access provided on the allotment for the dwelling and all other paved, concreted or roofed areas on the allotment will be situated on a part of the allotment:

(a)  that has an area of 500 square metres or more, inclusive of any accessway, and

(b)  that has an average slope of less than 30% determined by referenced to the 2 metre contour data set entitled “Slope Maps for Pittwater” mapped by the Land Information Centre (Arc Info Topo Grid Version 7 Software ANU Canberra) available at the office of the Council.

(5)  Subclause (4) does not affect the construction of drainage or the carrying out of other works essential for servicing the land to which this clause applies.

cl 25A: Ins 15.8.1997. Am 24.9.1999.

Division 6 Land within Zone No 1 (a)

26 Development on land within Zone No 1 (a)

A person shall not, on any land within Zone No 1 (a), carry out development for a purpose specified in Schedule 8 if any means of vehicular or pedestrian access exists between that land and:

(a)  a main road, or

(b)  any part of any public road (other than a main road) that is within 90 metres of the intersection of that road with a main road.

27 (Repealed)

cl 27: Rep 23.12.1994.

Division 7 Land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d)

28 Buildings, etc, not to be erected without consent—Zone No 9 (a), 9 (b), 9 (c) or 9 (d)

(1)  A person shall not carry out any development on land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d) so as to render it unfit for the purpose for which it is reserved.

(2)  Until land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d) is acquired by the public authority concerned, the council may, subject to subclause (3), consent to the carrying out of development on that land for any purpose.

(3)  The council shall not consent to an application made in pursuance of subclause (2):

(a)  in relation to land within Zone No 9 (b), except with the concurrence of the Director, or

(b)  in relation to land within Zone No 9 (d), except with the concurrence of the Roads and Traffic Authority.

(4)  In considering whether to consent to an application for consent referred to in subclause (2) in relation to land within Zone No 9 (a) or 9 (c), the council shall take into consideration:

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

(b)  the imminence of acquisition, and

(c)  the costs associated with the reinstatement of the land for the purposes specified in item 1 of the matter relating to that zone in the Table to clause 9.

(5)  In considering whether to grant concurrence under subclause (3) the Director or the Roads and Traffic Authority, as the case may require, shall take into consideration:

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

(b)  the imminence of acquisition, and

(c)  the costs associated with the reinstatement of the land.

29 Acquisition of land zoned for reservation

(1)  The owner of any land within:

(a)  Zone No 9 (a) or 9 (c),

(b)  Zone No 9 (d), or

(c)  Zone No 9 (b),

may, by notice in writing, require:

(d)  the council,

(e)  the Roads and Traffic Authority, or

(f)  the corporation,

respectively, to acquire that land.

(2)  On receipt of a notice referred to in subclause (1), the appropriate public authority shall acquire the land.

(3)  This clause shall only apply to land within Zone No 9 (d) if it is vacant land, being land upon which, immediately before 7 June 1963, there were no buildings or upon which the only buildings were fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl sheds, pig sties, barns or the like.

30 Deemed zoning of certain acquired land

Upon the acquisition by the council or the corporation of any land within Zone No 9 (a), 9 (b) or 6 (c), the land shall be deemed to be included in Zone No 6 (a) (and not within Zone No 9 (a), 9 (b) or 6 (c)) and the provisions of this plan relating to land included in Zone No 6 (a) shall apply to that land.

Division 7A Warriewood Valley Urban Land Release

pt 3, div 7A: Ins 28.5.1999.

30A Objectives

The objectives of this Division are to:

(a)  permit development for urban purposes on land within the Warriewood Valley Urban Land Release in accordance with a planning strategy for the release area, and

(b)  permit staged development for urban purposes in the various sectors of the Warriewood Valley Urban Land Release that has regard to a development control plan applying to the release area, and

(c)  permit greater housing diversity and wider housing choice in areas provided with adequate physical and social infrastructure in accordance with a planning strategy for the release area.

cl 30A: Ins 28.5.1999.

30B Development of UDP land in Warriewood Valley

(1)  This clause applies to the following land:

Land at Warriewood within Sectors 1 and 12A of the Warriewood Valley Urban Land Release shown edged heavy black on Sheets 3 and 4 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 36)”

Land at Warriewood within Sector 11 of the Warriewood Valley Urban Land Release shown edged heavy black on Sheet 1 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 46)”

Land at Warriewood within Sector 2 of the Warriewood Valley Urban Land Release shown edged heavy black on Sheet 2 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 53)”

Land at Warriewood within Sector 10 of the Warriewood Valley Urban Land Release shown edged heavy black on Sheet 1 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 54)”

Land at Warriewood within Sector 12 of the Warriewood Valley Urban Land Release shown edged heavy black on Sheet 1 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 65)”

Land at Warriewood within Sector 8 of the Warriewood Valley Urban Land Release shown edged heavy black on Sheet 1 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 70)”

(2)  The Council may grant consent for development of land to which this clause applies that is within Zone No 2 (f) only after it has considered the objectives of the zone as specified in Part 2 of Schedule 11.

(3)  The council shall not grant consent to the carrying out of development on land to which this clause applies unless arrangements satisfactory to the Council have been made for the following, where relevant to the development proposed:

(a)  identification and management of any limitations to urban development and associated works created by slope, soil structure, geotechnical instability, flooding or the like,

(b)  conservation and protection of any significant vegetation and associated plant communities,

(c)  conservation and protection of any significant fauna populations and their habitat,

(d)  identification and remediation of any contaminated lands,

(e)  enhancement and protection of any significant visual elements within the landscape and its setting,

(f)  identification and protection of any significant Aboriginal heritage items or sites,

(g)  identification and protection of any significant European heritage items or sites,

(h)  management of urban stormwater from a total catchment management viewpoint,

(i)  management and provision of traffic networks and facilities,

(j)  identification and protection of any development from bushfire hazard.

(4)  Before granting any consent to development of land to which this clause applies, the Council must consider any development control plan which may apply to the land.

cll 30B: Ins 28.5.1999. Am 9.6.2000; 8.12.2000; 2.2.2001; 14.3.2003; 14.5.2004.

30C Dwelling yield

The council shall not grant consent to residential development on land to which clause 30B applies unless it is satisfied that the total number of dwellings to be erected in a particular sector will comply with the following:

Sector 1 not more than 210 dwellings or less than 195 dwellings.

Sector 2—not more than 54 dwellings or less than 49 dwellings.

Sector 8—not more than 159 dwellings.

Sector 10—not more than 164 dwellings or less than 147 dwellings.

Sector 11—not more than 163 dwellings or less than 147 dwellings.

Sector 12—not more than 180 dwellings.

Sector 12A not more than 19 dwellings.

cll 30C: Ins 28.5.1999. Am 9.6.2000; 8.12.2000; 2.2.2001; 14.3.2003; 14.5.2004.

Division 8 Heritage provisions

31 Definitions

In this Division:

archaeological site means a site identified in Schedule 9 and shown by heavy black broken edging on the map marked “Pittwater Local Environmental Plan 1993—Heritage Conservation”.

demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

heritage conservation area means land shown shaded on the map marked “Pittwater Local Environmental Plan 1993—Heritage Conservation” and includes buildings, works, relics, trees and places situated on or within that land.

heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Schedule 9 and shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993—Heritage Conservation”.

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

potential archaeological site means a site identified in Schedule 9 and shown by cross-hatching on the map marked “Pittwater Local Environmental Plan 1993—Heritage Conservation” and includes a site known to the consent authority to have archaeological potential even if it is not so identified and shown.

relic means:

(a)  any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the area of Pittwater, not being Aboriginal habitation, which is more than 50 years old, or

(b)  any deposit, object or material evidence (which may consist of human remains) relating to Aboriginal habitation of the area of Pittwater whether before or after its occupation by persons of European extraction.

cll 31–37: Subst 4.6.1999.

32 Protection of heritage items, heritage conservation areas and relics

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

(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, or

(f)  making structural changes to the interior of a building or work listed in Schedule 9.

(2)  Development consent is not required by this clause if the council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area.

(3)  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.

(4)  The council must not grant consent to a development application required by this clause until it has considered a conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting, or of the heritage conservation area.

(5)  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 mechanisms that are appropriate to enable that significance to be retained.

cll 31–37: Subst 4.6.1999.

33 Notice of certain heritage development applications

The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act as in force on 30 June 1998 (being sections that provided for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area (and to the use of a building or land referred to in clause 37 for a purpose which, but for that clause, would be prohibited by this plan) in the same way as those provisions applied to and in respect of designated development.

cll 31–37: Subst 4.6.1999.

34 Notice to the Heritage Council

Before granting development consent to 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.

cll 31–37: Subst 4.6.1999.

35 Development of known or potential archaeological sites

(1)  The council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and

(b)  it has notified the Director-General or 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 an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with guidelines for the time being notified to it by the Heritage Council, 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.

cll 31–37: Subst 4.6.1999.

36 Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

The council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

cll 31–37: Subst 4.6.1999.

37 Conservation incentives

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

(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and

(b)  the conservation of the building 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 or on land within a heritage conservation area, the council may, for the purpose of determining:

(a)  the floor space ratio, and

(b)  the number of parking spaces to be provided on the site,

exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land, but only if the council is satisfied that the conservation of the building depends on its making the exclusion.

cll 31–37: Subst 4.6.1999.

38 (Repealed)

cl 38: Rep 4.6.1999.

Division 9 Other land uses and miscellaneous

39 Suspension of covenants etc

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

(2)  Nothing in this clause affects the rights or interests of the Council under any covenant, agreement or similar instrument.

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

cl 39: Subst 11.5.2001.

40 Restriction on excavation

Where, immediately before 27 June 1951, any land within Zone No 2 (a) or 2 (b) was used for the purpose of winning extractive materials, no excavation for that purpose shall be made, opened or extended within 15 metres of adjoining land which is within Zone No 2 (a) or 2 (b) and was not, immediately prior to 27 June 1951, in the same ownership.

41 Preservation of trees

A tree preservation order made and in force immediately before the appointed day under any instrument that applied to land to which this plan applies shall be deemed to be a tree preservation and management order made by the council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 and may be rescinded or varied by the council in accordance with that clause.

cl 41: Am 13.12.1996.

42 Acquisition of certain land—Zone No 6 (c)

(1)  The owner of any land within Zone No 6 (c) may, by notice in writing, require the council to acquire that land or any part thereof.

(2)  On receipt of a notice referred to in subclause (1), the council shall acquire the land to which the notice relates.

43 Development within Zone No 6 (a)

(1)  Development may be carried out on land within Zone No 6 (a) that is not subject to a relevant plan of management, but only with the consent of the council.

(2)  The council shall not consent to the carrying out of development on land owned or controlled by the council within Zone No 6 (a) unless consideration has been given to:

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

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

(c)  whether the proposed development will be secondary and complimentary to the existing or proposed use of the land as public open space, and

(d)  whether the proposed development will substantially diminish public use of and access to open space, and

(e)  whether the proposed development is consistent with the objectives of Zone No 6 (a) as specified in Part 3 of Schedule 11 and the purposes for which the land was reserved or otherwise set aside for public use, and

(f)  whether the proposed development is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses, and

(g)  the need to retain the land for its existing or likely future use.

cl 43: Subst 8.9.2000.

43A Temporary use of land within Zone No 6 (a)

Regardless of any other provision in this plan, the council may grant consent to the use or other development of any land or building within Zone No 6 (a) for any lawful temporary purpose, other than designated development, being carried out for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

cll 43A: Ins 8.9.2000.

43B Advertising development for the purpose of refreshment rooms on land within Zone No 6 (a)

Pursuant to section 29A of the Act, the provision of section 79A of the Act relating to advertised development apply to development on land within Zone No 6 (a) for the purpose of a refreshment room.

cll 43B: Ins 8.9.2000.

44 Development for certain additional purposes

(1)  Nothing in this plan prevents a person, with the consent of the council, from carrying out development on land referred to in Schedule 10 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2)  Subclause (1) does not affect the application to or in respect of development to which that subclause applies of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the council in respect of the development.

45 (Repealed)

cl 45: Rep 24.9.1999.

46 Provision of adequate water and sewerage services

The council shall not grant consent to the carrying out of development in accordance with this plan unless it is satisfied that adequate provision has been made for the supply of water and the disposal of sewage and that any requirements of the Sydney Water Corporation, that may be notified to the council from time to time, have or will be met.

cl 46: Subst 24.9.1999.

47 Development on difficult sites

(1)  This clause applies to land shown edged heavy black and by cross hatching on the Zoning Map.

(2)  In this clause, difficult site means land the topographical or other physical characteristics of which, or the position of which, in relation to existing or proposed services or roads, the council considers renders it difficult or impossible to achieve the optimum development potential of the site.

(3)  The council may grant consent to the carrying out of development on land to which this clause applies which is a difficult site and which is within 20 metres of a zone boundary for any purpose for which development may be carried out on the other side of the boundary and within 20 metres of the boundary, but only if the Council considers it desirable that the optimum development potential of the site is realised.

cl 47: Am 24.9.1999.

48 Outdoor advertising

(1)  The aim of this clause is to ensure that outdoor advertising:

(a)  conveys advertisers’ messages and images while complementing and conforming to both the building on which it is displayed and the character of the surrounding locality, and

(b)  does not adversely affect the area in which it is located in terms of appearance, size, illumination, overshadowing or in any other way, and

(c)  does not lead to visual clutter through the proliferation of signs.

(2)  Notwithstanding any other provision of this plan, the following advertisements may be erected, without consent:

(a)  an advertisement within a site which is not visible (due to built form) from outside that site (but not an advertisement on a heritage item or on a site within a heritage conservation area),

(b)  a business identification sign on land:

(i)  within Zone No 2 (a), 2 (b) or 2 (e), but only if:

•  the sign is not erected on a heritage item and,

•  the sign does not exceed 0.75 square metres in area, or

(ii)  within Zone No 3 (a), 3 (b2), 3 (b3), 3 (c), 3 (d) or 3 (e), but only if it is not erected on a heritage item and it meets any of the following descriptions:

•  a sign located on a shop at a point below the level of the awning and which covers no more than 33% of the area of the shopfront, or

•  if it is located on a shop with no awning, a sign located at a point 3 metres or below the level of the bottom of the first floor, and which covers no more than 33% of the area of the shopfront, or

•  an awning fascia sign, or

•  a suspended under-awning sign, but no more than one for every 3 metres of shopfront length, being a sign not exceeding 2.5 metres in length and 0.5 metre in height and at no point less than 2.6 metres from ground level, or

(iii)  within Zone No 4 (b) or 4 (b1), but only if it does not exceed 10 square metres in area and covers no more than 20% of the area of the facade of the building,

(c)  a real estate sign on any land,

(d)  a temporary sign on any land,

(e)  a public notice displayed by a public authority/utility giving information or directions about the services provided by it,

(f)  a different advertisement replacing an advertisement for which consent was granted,

(g)  a sign behind, painted or letters stuck onto the glass line of a shop window,

(h)  an advertisement on a motor vehicle used principally for the conveyance of goods or passengers.

cl 48: Subst 8.8.1997.

49 Zone boundary flexibility

(1)  This clause applies to land within the waterway.

(2)  Despite any other provision of this plan, the council may grant consent to the development of land to which this clause applies which is not in Zone No 7 (a1) but is within 10 metres of a boundary of Zone No 7 (a1) for any purpose for which development may be carried out in that zone, but only if the council considers that the objectives of that zone and the zone within which the land is situated will be satisfied.

(3)  For the purposes of subclause (2), the objectives of Zones Nos 6 (a1), 7 (a1), W2, W3 and W4 are those specified in Part 1 of Schedule 11.

cl 49: Ins 29.7.1994. Am 28.5.1999.

50 Development associated with certain waterfront business or boat service facilities

(1)  This clause applies to land within the waterway, being:

•  PO 1957/170, Palm Beach,

•  PO 1963/130, Palm Beach,

•  Lot 254, DP 752046, Special Lease 60/210 and PO 1963/97, Careel Bay,

•  PO 1966/156, Clareville,

•  PO 1963/227, Elvina Bay,

•  PO 1964/165, Lovett Bay.

(2)  Despite any other provision in this plan, the council may grant consent to the development of land to which this clause applies for any purpose ordinarily incidental or subsidiary to waterfront business or boat service facilities.

cll 50: Ins 29.7.1994.

51 Development associated with seaplane transport services

(1)  This clause applies to land within the waterway, being Lot 298, DP 721572, subject to Special Lease 1963/86, Governor Phillip Park, Palm Beach.

(2)  Despite any other provision in this plan, the council may grant consent to the development of land to which this clause applies for any purpose ordinarily incidental or subsidiary to seaplane transport services and waterfront business or boat service facilities.

cll 51: Ins 29.7.1994.

52 Development of former Mona Vale TAFE site

(1)  In this clause, former Mona Vale TAFE site means:

Lots 10–22, DP 270121 (Nos 1–13) Garigal Place, Mona Vale,

Lots 42–54, DP 270121 (Nos 1–11) Illaroo Place, Mona Vale,

Lots 23 and 27–39, DP 270121 (Nos 1–14) Northwood Close, Mona Vale,

Lots 2–9, DP 270121 (Nos 55–69 odd) Park Street, Mona Vale,

Lots 55–72, DP 270121 (Nos 1–20) Southbourne Way, Mona Vale,

Lots 44–49, DP 270121 (Nos 60–70 even) Waratah Street, Mona Vale,

Lots 40–43, DP 270121 (Nos 72, 72A, 74, 74A) Waratah Street, Mona Vale.

(2)  This clause applies to land within the former Mona Vale TAFE site that is within Zone No 2 (e) and that is within 20 metres of land within an adjoining zone.

(3)  A person may with the consent of the Minister, carry out development on land to which this clause applies for any of the purposes for which land within the adjoining zone may lawfully be developed.

cl 52: Ins 30.9.1994. Subst 24.9.1999.

54 Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 13 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 13.

(3)  Land described in Part 2 of Schedule 13:

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

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

(4)  Land described in Columns 1 and 2 of Part 3 of Schedule 13, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 13.

(5)  In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 13, means the local environmental plan cited at the end of the description of the land.

(6)  Before the relevant amending plan inserted the description of land into Part 3 of Schedule 13, the Governor approved of subclause (4) applying to the land.

cl 54: Ins 1.4.1999. Subst 29.6.2001.

Division 10 Exempt and complying development

pt 3, div 10 (cl 55): Ins 3.3.2000.

55 Exempt and complying development

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 22: Exempt and Complying Development as adopted by Council on 22 November 1999 is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Pittwater Development Control Plan No 22: Exempt and Complying Development as adopted by Council on 22 November 1999 is complying development if:

(a)  it is local development of a kind that can be carried out with consent on the land on 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 Pittwater Development Control Plan No 22: Exempt and Complying Development as adopted by Council on 22 November 1999.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Pittwater Development Control Plan No 22: Exempt and Complying Development adopted by Council on 22 November 1999, as in force when the certificate was issued.

pt 3, div 10 (cl 55): Ins 3.3.2000.

Schedule 1

(Clause 9)

Abattoirs.
Agricultural machinery manufacture.
Asbestos cement products manufacture.
Boiler works.
Boiling down works.
Brick, tile and pipe manufacture.
Brass foundry.
Cement manufacture.
Electric machinery manufacture.
Engineering workshop (heavy).
Extractive industry.
Fellmongering.
Fireclay products manufacture.
Glass products manufacture.
Grain milling.
Hardboard manufacture.
Iron foundry.
Machinery manufacture (heavy).
Motor body building.
Motor vehicle manufacturing and assembly.
Offensive or hazardous industry.
Ready-mix cement works.
Sawmill.
Steel products manufacture (heavy).
Stone cutting and crushing works.
Wire manufacture.
Wool scouring.

Schedule 2

(Clause 9)

Boot and shoe repairing.
Bread, cake and pastry manufacture.
Builders’ supplies establishment.
Builders’ yards.
Building equipment hire.
Cabinet making and joinery.
Car repair station.
Child care centre.
Cycle and motor cycle repairing.
Dance and theatre school.
Dental technician’s premises.
Dressmaking.
Dry-cleaning and dyeing.
Electrician’s premises.
Electronics workshop.
Hairdressing.
Laundry.
Lawn mower repairs.
Local carriers’ depot.
Locksmithing.
Milk distributing depot.
Optical technician’s premises.
Painter’s workshop.
Photographic developing.
Photographic studio.
Plumber’s workshop.
Radio and television mechanic’s workshop.
Retail plant nursery.
Service station.
Signwriter’s workshop.
Tailoring.
Tool sharpening and grinding.
Toymaking.
Undertaker’s establishment.
Veterinary surgeon’s establishment.
Warehousing bulk store with area of less than 150 square metres.

Schedule 3

(Clause 9)

Barber’s shop.
Beauty salons.
Boot and shoe repairing.
Bread, cake and pastry manufacture.
Business agencies.
Commercial premises except funeral parlours.
Dental surgery.
Dressmaking.
Dry-cleaning and dyeing agency.
Electrician’s workshop.
Hairdressing salons.
Home industry.
Lending library.
Photographic studio.
Post offices.
Radio mechanic’s workshop.
Service station.
Tailoring.
Totalizator Agency Board agencies.

Schedule 4

(Clause 9)

Aerated waters and cordial manufacture.
Boot and shoe repairing.
Bread, cake and pastry manufacture.
Builders’ supplies establishment.
Builders’ yards.
Cabinet making.
Car repair station.
Carrier’s establishment.
Cycle and motor cycle repairing.
Dressmaking.
Dry-cleaning and dyeing.
Electrician’s workshop.
Farrier’s workshop.
Fuel merchant’s establishment.
Laundry.
Milk distributing depot.
Painter’s workshop.
Plumber’s workshop.
Radio mechanic’s workshop.
Rubber vulcanising and tyre retreading works.
Service station.
Signwriter’s workshop.
Tailoring.
Toymaking.
Undertaker’s establishment.
Veterinary surgeon’s establishment.
Any home industry not being an industry specified above.

Schedule 5

(Clause 9)

Automotive spare parts sales.
Boot repair shops.
Confectionery shops.
Hairdressing salons.
Milk bars.
Newsagencies.
Shops that sell equipment, machinery or materials used in the conduct of an industry (other than an industry referred to in Schedule 1 or 4).
Shops that sell equipment, machinery or materials used in the conduct of commercial premises.
Sandwich shops.
Smallgoods shops.
Tobacconists’ shops.

Schedule 6

(Clause 9)

Automotive spare parts sales.
Boot repair shops.
Builders’ supply yards.
Confectionery and milk bar.
Hairdressing salon.
Funeral parlours.
Newsagency.
Shops which sell equipment, machinery or materials used by any type of industry permissible with or without consent in Zone No 4 (b) or 4 (b1).
Shops which sell goods manufactured on the same land as the shop.
Smallgoods and sandwich shops.
Timber yards.
Tobacconist shop.

Schedule 7 Designated development

(Clause 24)

Licensed clubs or hotels in Zone No 2 (a) or 2 (b), but excluding development involving alterations or additions to any existing development, which alterations or additions, in the opinion of the council, are of a minor nature and do not, to any significant extent, change the scale, size or degree of that existing development.

Schedule 8

(Clause 26)

Airline terminal.
Animal boarding or training establishment.
Bus depot.
Bus station.
Caravan park.
Club.
Educational establishment.
Hospital.
Hotel.
Housing for aged or disabled persons.
Industry.
Institution.
Liquid fuel depot.
Mine.
Motel.
Place of assembly.
Place of public worship.
Public building.
Recreation area.
Refreshment room.
Retail plant nursery.
Riding school.
Road transport terminal.
Rural industry.
Sawmill.
Service station.
Stock and saleyard.
Transport terminal.

Schedule 9 Heritage items

(Clause 31)

A   Built items

Item		Location
Palm Beach
1	Barrenjoey Lighthouse and two cottages	Part Lot 1, DP 540435, Barrenjoey Headland
2	Grave	Part Lot 1, DP 540435, Barrenjoey Headland
3	Memorial Cairn (near lighthouse)	Part Lot 1, DP 540435, Barrenjoey Headland
4	Memorial Cairn	Part Lot 1, DP 540435, Barrenjoey Headland
5	Picnic Shelter Sheds	Governor Phillip Park
6	House—“Skye”	Lot 4, DP 27555 & Part Lot 18, DP 11522, No 9 Northview Road
7	House “Villa d’Este”	Lots 12 & 13, DP 11552, No 3 Northview Road
8	House—“Collins House”	Lot 8, DP 6746, No 1170 Barrenjoey Road
9	House—“Windyridge”	Lot 335, DP 734511, No 50 Sunrise Road
10	House	Part Lot 65, DP 6746, No 2 Palm Beach Road
11	Change Room and Toilets	Lot 1, DP 938890, Ocean Beach Reserve, Ocean Road
12	Palm Beach Surf Club	Corner Lot 76 & Lot 77, DP 6746, 27–28 Ocean Road
13	House—“Kookaburra”	Lot 2, DP 537231, No 79 Florida Road
14	House—“Florida House”	Lot 1, DP 537231, No 81 Florida Road
15	House—“The Moorings”	Lot 112, DP 6937, No 93 Florida Road
16	House—“Back O’Moon”	Lot 2, DP 521720, No 97 Florida Road
17	House	Lot 13, DP 713523, No 130A Pacific Road
18	House—“Summerlands”	Lot 2, DP 708380, No 128 Pacific Road
19	House—“Craboon”	Lot A, DP 363902, No 119 Pacific Road
20	House	Part Lot 61, Section 5, DP 10116, No 48 Pacific Road
21	House	Corner Lot A, DP 399368 & Lot 115, DP 14961, No 39 Bynya Road
22	House	Lot 122, DP 14961, No 25 Bynya Road
23	Post Box	Nabilla Road
24	Restaurant / accommodation—“Barrenjoey House”	Lots 1 & 2, DP 304661, No 1108 Barrenjoey Road
25	Bus shelter	Near No 899 Barrenjoey Road
26	House—“Burrawong”	Lot 3, DP 614546, No 112 Pacific Road
27	House—“Craigie Lee”	Lots A & B, DP 359880, No 35–37 Sunrise Road
28	House—“Winten”	Lot 7B, DP 13374, No 21 Palm Beach Road
29	Old Street Lamps	In front of No 69 Florida Road and just south of entry to No 407 Whale Beach Road
Whale Beach
30	House—“Careel House”	Lot 31, DP 747256, No 105A Whale Beach Road
31	House—“Loggan Rock”	Lot 43, DP 732641, No 111 Whale Beach Road
32	House—“Orcades”	Lot 233, DP 16362, No 307 Whale Beach Road
Avalon / Clareville
33	House—“Finisterre”	Lot A, DP 319644 & PO 57/1236, No 2 Cabarita Road, Stokes Point
34	House & Garage	Lot 37, DP 7794 & Lot 2, DP 341460, No 32 Hilltop Road, Avalon
35	House—“Hy Brasil”	Lots 5, 6, 10, 10A, 12 & 14, DP 25969 and Part Lots A/B, DP 394472 and Part Lot C, DP 333164, No 62 Chisholm Road, Clareville
36	Exterior of shop Avalon Fine Wine & Food	Cnr Lot 2, DP 220803, No 47 Old Barrenjoey Road (cnr Avalon Parade)
37	House	Lots 3 & 4, DP 9151, No 17 Old Barrenjoey Road, Avalon
38	Corner shop (excluding interior and rear additions)	Cnr Lot T, DP 29617, No 33 Avalon Parade
39	Golf Club House	Lot 1, DP 511908, Barrenjoey Road, Avalon. Avalon Golf Club
40	Former Kiosk	Lot 1, DP 511908, Barrenjoey Road, Avalon. Avalon Golf Club
41	Green Keeper’s House	Lot 1, DP 511908, Barrenjoey Road, Avalon. Avalon Golf Club
42	House	Lot 88, DP 9151, No 40 Bellevue Ave, Avalon
Bilgola
43	House—“Burley Griffin Lodge”	Lots 341–345, DP 16902, No 35 Plateau Road
44	House—“The Palms”	Lot 53, Portion 133, DP 517038, No 3 Bilgola Ave
45	Drainage and bridge structures	Lots 8–11, DP 19497, Bilgola Beach
45A	House— formerly known as “Peck’s Cottage” and now referred to as “Jacaranda Cottage”	Lot 74, DP 737370, No 174 Prince Alfred Parade, Bilgola, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 45)— Heritage Conservation”
Newport
46	Bungan Castle	Lot 172, DP 629573, No 78 Bungan Head Road
47	House—“Bungania”	Lot 1, DP 538888, No 77 Myola Road
48	Former Headmaster’s Residence	Newport Primary School, Cnr Beaconsfield and Stuart Streets, Newport
Mona Vale
49	Great War Memorial	Mona Vale Park, bounded by Park Street, Pittwater Road and Barrenjoey Road
50	House—“Glenroy”	Lot 101, DP 877873, No 1789 Pittwater Road
51	House	Lot B, DP 404336, No 12 Mona Street
52	House	Lot 1, DP 595793, No 39 Maxwell Street
53	House	Lot 37, Section E, DP 6195, No 16 Orana Ave
54	House	Lot 17, DP 6195, No 26 Grandview Pde
55	Gravestones	Lot 2, DP 709457, St John’s Church grounds, No 1624 Pittwater Road
56	House—“Dungarvon”	Lot 48, DP 562285, No 28 Park Street
57	House	Lot 2, DP 520433, No 22 Darley Street East
57A	Part of the facade of the Rock Lily Restaurant, being the faceted bay windows and area in between on the Pittwater Road frontage and the return wall in Vineyard Street extending for approximately 11 metres from the south eastern corner of the building.	Lot 1, DP 775005, Cnr Vineyard Street and Pittwater Road, Mona Vale.
Bayview
58	House	Lot 6, DP 247717, No 2 Binnowee Place
59	House—“She-Okes”	Lots A & D, DP 32808, No 38 Alexandra Crescent
Church Point
60	Church Point Post Office and Store	Lot 293, DP 704516 and Special Lease 82/6, McCarrs Creek Road, Church Point
61	House—“Rosstrevor”	Lot 1, DP 556134, No 23 McCarrs Creek Road
62	Memorial Obelisk	Rostrevor Reserve, McCarrs Creek Road, commemorates survey of McCarrs Creek by Captain J Hunter
Pittwater / Western Foreshores
63	House—“Trincomalee”	Lot 2, DP 614614, No 1 Sturdee Lane, Lovett Bay
64	House—“Myuna”	Lot 6, DP 552628, No 38 Sturdee Lane, Lovett Bay
65	House—“Tarrangana”	Lot 2, DP 228812, Lovett Bay and PO 77/32
66	Youth Hostel	Lot 3, DP 520115, Towlers Bay
67	Store, jetty and shed	Below MHWM, adjoining LPGRS, Towlers Bay, south side
68	“Bonnie Doon” wharf	Below MHWM, south side of Coasters Retreat, adjoining Ku-ring-gai National Park
69	House—“Midholme”	Portion 10, Currawong Beach

B   Landscape items

Palm Beach
L1	Stone Path	Leading to Barrenjoey Lighthouse, Part Lot 1, DP 540435, Barrenjoey Headland
L2	Norfolk Island Pines (Araucaria heterophylla)	Road reserve of Ocean Road
L3	Norfolk Island Pines (Araucaria heterophylla)	Pittwater Park— Reserve No R60988, opposite Barrenjoey House, Barrenjoey Road
L4	Cabbage Tree Palm and Angophora Costata trees	Lot B, DP 363902, No 117 Pacific Road
L4A	Spotted Gums and Cabbage Tree Palms (Corymbia maculata and Livistona australis)	Hordern Park Lot 2, DP 938890, and Wiltshire Park, Lots 1 and 2, DP 648212, Lots 92 and 92A, DP 6937, Ocean Road, Palm Beach
Whale Beach
L5	Norfolk Island Pines (Araucaria heterophylla)	Whale Beach Ocean Reserve, Lot 1, DP 234079, adjoining The Strand
Avalon
L6	Angophora costata tree	Angophora Reserve, adjacent to sign indicating it to be the largest known specimen tree of Angophora costata in the world
Bilgola
L7	Reserve surrounding house known as Burley Griffin Lodge	Lots 341–345, DP 16902, No 3 Palmgrove Road
L8	Sandstone retaining wall	The Serpentine, western side near Barrenjoey Road intersection, on uphill section
L9	Grove of Cabbage Tree Palms (Livistona australis)	Bilgola Valley, around natural drainage lines
L10	Street trees— Norfolk Island Pines (Araucaria australis) and Canary Island Date Palms (Phoenix canariensis)	Road reserve of Allen Avenue and Bilgola Avenue, Bilgola Beach
Newport
L11	Port Jackson Fig (Ficus ribugnosa) and Bunya Pine (Araucaria bidwillii)	Stuart Street, grounds of Newport Public School
L12	Hoop Pine (Araucaria cunninghamii)	Queens Parade West, grounds of Newport Public School
L13	Two Washingtonia Palms (filifera & robusta); One Ficus rubiginosa and part of castellatted stone wall	Lot 1, DP 28652, No 52 Myola Road
Mona Vale
L14	Norfolk Island Pines (Araucaria heterophylla)	Road reserve of Seabeach Avenue
L15	Norfolk Island Pines (Araucaria heterophylla)	Ocean Beach Reserve, Lots 36–54, DP 6195, Surfview Road, Mona Vale Beach
L16	New Zealand Christmas Bush (Meterosideros excelsa)—“Victory Tree”	Lot 8, Section 3, DP 605804, No 1785 Pittwater Road
Bayview
L17	Sandstone retaining wall	Junction of Fermoy Avenue and Pittwater Road
L18	Street Trees (Araucaria species)	Road reserve of Pittwater Road and Fermoy Avenue
L19	Street trees— One Bunya Pine and two Norfolk Island Pines	Road reserve of Pittwater Road opposite “She-Oakes”— Lots A & D, DP 32808, No 38 Alexandra Crescent

C   Archaeological items

Palm Beach
A1	Site of former customs house	Part Lot 1, DP 540435, Barrenjoey Headland, western side
Avalon
A2	Wharf remnant	Adjacent to, and to the south of Avalon Sailing Club, Clareville
Church Point
A3	Graveyard	Former Methodist Church site, No 1, Lot C, DP 349212 McCarrs Creek Road
Pittwater / Western Foreshores
A4	Frederick Oliver’s Grave	Lot 26, DP 13449, Elvina Bay
A5	Road remnants	Lovett Bay, north side on parts of Lots 4 & 5, DP 590990
A6	Stone Retaining Wall	Site of former causeway in Lovett Bay, north side, adjoining Lots 2 & 3, DP 584315, Lots 4 & 5, DP 590990 & Lot 6, DP 545717
A7	Wharf remains	Former Youth Hostel site below mean high water mark, Towlers Bay, north side, adjoining Ku-ring-gai National Park

D   Heritage conservation areas

C1	Barrenjoey Conservation Area	Barrenjoey Headland and Sand Isthmus
C2	Sunrise Hill Conservation Area	Sunrise Road, Palm Beach, comprising “Jeeda” No 40, “Kookoomgiligai” No 42, “Seaward” No 44, No 46, “Windyridge” No 50, No 52, “La Quinla” No 54, No 56, “Winbro Hill” No 58–60, “Craigie Lee” No 35–37, including the public reserve at the crown of Sunrise Hill (Lots 1–10, DP 19219)
C3	Florida Road Conservation Area	Florida Road, Palm Beach, comprising “Kookaburra” No 79, “Florida House” No 81, No 85, No 87 “Tidapa” No 89–910, “The Moorings” No 93, No 95 and “Back-O-Moon” No 97
C4	Ruskin Rowe Conservation Area	Ruskin Rowe, Avalon, comprising land having a frontage to Ruskin Rowe as shown shaded on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 8)— Heritage Conservation”.
C5	Ocean Road Conservation Area	Ocean Road, Palm Beach, comprising land having a frontage to Ocean Road between Ocean Place and Hordern Park as shown shaded on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 32)— Heritage Conservation”

sch 9: Am 3.3.1995; 4.6.1999; 24.9.1999; 13.10.2000.

Schedule 10 Development for certain additional purposes

(Clause 44)

That part of lot 6, DP 545717, Lovett Bay, as shown on the map marked “Interim Development Order No 119—Shire of Warringah” (except so much of that land as is subject to Permissive Occupancy 64/165)—commercial boat shed; maintenance of existing commercial boat shed.

Part lot 2, DP 232164, The Serpentine, Bilgola as shown on the map marked “Warringah Local Environmental Plan 1985 No 7”—residential buildings.

Lots 4 and 5, DP 237045, No 8 Kara Crescent, Bayview—commercial use of not more than 2 tennis courts.

Lot C, DP 395667, Narrabeen Park Parade, Warriewood Beach—residential flat building containing 2 dwellings.

Crown reserve 84080, having frontages to Park Street, Barrenjoey Road and Pittwater Road, Mona Vale—baby health centre.

Lot 13, DP 13449 Wirringulla Avenue, Elvina Bay—fire station.

Lot 1, DP 361971 having frontage to Wilga Road and Mirbelia Parade, Elanora Heights—subdivision for the purposes of:

(a)  creating 2 allotments of land, each having an area of not less than 0.5 hectares, and

(b)  widening a public road, and the erection of a dwelling-house on each of the allotments so created, subject to the condition that the council shall not grant consent unless it is satisfied that the land, being lot 10, DP 252037, and being the whole of the land comprised in Certificate of Title, volume 13141, folio 201, is to be dedicated free of cost to the council for the purpose of public open space.

Part Reserve R.60118, part lots 1 and 2, DP 566246, part Reserve Ms34785y and part of the Reserve having frontage to Barrenjoey Road and Bramley Avenue, Newport, as shown edged heavy black on the map marked “Warringah Local Environmental Plan No 64”—carparking.

Lot 13, DP 20127 and Lot 1, DP 775005 (Nos 4–6) Vineyard Street, Mona Vale, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 25)”—residential development and commercial carparking which facilitates the retention of the identified heritage item on the adjoining land being Lot 1, DP 775005 No 1725 Pittwater Road, Mona Vale.

Lots 15–19, DP 9151, and lot 201, DP 636526, having frontage to Old Barrenjoey Road, Avalon, and known as Dunbar Park—baby health centre.

Lot 356, DP 12749, and known as Catherine Park, Scotland Island—bush fire station.

Lots 12–15, DP 11594, Nos 230–236, Powderworks Road, Ingleside—the erection of one dwelling-house to replace the existing dwelling-house on the consolidated site area of those lots.

Land being Crown land within the area of Pittwater being part Reserve No 71235, Reserve No 59970, Reserve No 67607 and Portion 57, Parish of Narrabeen being land lying generally south of the Wakehurst Parkway, adjacent to Narrabeen Lagoon, as shown edged heavy black on the map marked “Warringah Local Environmental Plan 1985 (Amendment No 35)”—extractive industry and development ancillary thereto.

Lots 1–3, DP 13811, Lot 3, DP 607010 and Lot A being part of Portion 20, Parish of Narrabeen, Coonanga Road, Avalon—child care centre.

Lot A, DP 408450, No 57 Avalon Parade, Avalon—a retail and commercial office development with a maximum floor space ratio of 0.49:1.

Lot 33, DP 23429, and known as No 12 Woorarra Avenue, North Narrabeen—storage and office facilities used in association with the adjacent community centre.

Lots 6A and 8A, DP 11186, part Lot 1, DP 173780 and part Lot 306, DP 727037, No 1714 Pittwater Road, Bayview, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 21)”—shops, offices and a restaurant.

Lot 1, DP 590791, Nos 1404–1410 Pittwater Road, North Narrabeen, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan No 5”—a general equipment, motor vehicle and tool hire outlet.

Lot 34, DP 708050, No 10 Taronga Place, Mona Vale, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan No 7”—educational establishment.

Lot 1, DP 792259, Lot Q and Lot P, DP 410599, Lot 1, DP 128632 and Lot 1, DP 824020 known as Nos 1102–1104 Barrenjoey Road, Palm Beach, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 7)”—to use the two residential units independently from the adjoining retail premises.

Lot 2, DP 737137, No 4 Vuko Place, Warriewood, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 10)”—a multi-cinema complex and ancillary commercial/retail land uses, but only if the council is satisfied that:

(a)  the hours of operation of the site will be limited so as not to interfere adversely and to a significant extent with the amenity of adjacent residential land or residents of that land or in the vicinity of that land, and

(b)  the seating capacity of the cinema will be limited so as to ensure adequate carparking will be available.

Lot 1, DP 15295, No 681 Barrenjoey Road, Avalon, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 12)”—commercial offices.

Lot 1, DP 581215 (Nos 2–4) Windsor Parade, North Narrabeen, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 23)”—motor showroom.

Lot 321, DP 824048, Pittwater Road, Church Point, being Crown Reserve 100256, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 26)”—carparking for public purposes in accordance with the plan of management for Crown Reserve 100256 adopted by the Council.

Lot 120, DP 135512 (No 84) Mona Vale Road and Lot 27, DP 5055 (No 22) Jubilee Avenue, Mona Vale, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 33)”—club purposes associated with a registered club situated at Lot 26, DP 654262 (Nos 80–82) Mona Vale Road, Mona Vale.

So much of Lot 9, DP 578688 having frontage to Pittwater Road, Mona Vale, as is shown hatched and within Zone No 7 (a) on Sheet 2 of the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 38)”—storage of cargo and bulky marine-related goods, materials and equipment, the transfer of material-carrying vehicles from ramp to barges, the storage of recovered and abandoned watercraft and ancillary uses for marine contractors for construction and maintenance work related to the Pittwater waterway.

Lot 7089, DP 759007, Crown Reserve No R1001139 (being part of Mona Vale Village Park) situated between Pittwater Road and Park Street, Mona Vale, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 40)”—community and visitor information centre with minor ancillary commercial uses.

Lot A DP 407091, No 1 Palm Road, Newport, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 61)”—veterinary clinic and ancillary dwelling.

Lot 3, DP 6391 (No 19 Darley Street East, Mona Vale) and Lot C, DP 355289 (No 21 Darley Street East, Mona Vale), as shown edged heavy black and identified by the symbols “MUH” on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 69)”—multi-unit housing not exceeding 6 dwellings.

sch 10: Am 5.5.1995; 27.10.1995; 16.2.1996; 24.10.1997; 6.3.1998; 27.3.1998; 9.4.1998; 13.11.1998; 12.3.1999; 22.10.1999; 10.12.1999; 15.11.2002; 27.2.2004.

Schedule 11

Part 1 Objectives for certain zones within and adjoining Pittwater waterway

(Clause 49 (3))

Zone No 6 (a1) (Waterways Recreation)

The objectives of this zone are:

(a)  to provide opportunities for a variety of passive and active recreational pursuits, having regard to the specific environmental setting of the locality, and

(b)  to recognise the importance of providing and maintaining public access in localities suitable for public recreation and transport purposes.

Zone No 7 (a1) (Environment Protection—Waterways)

The objectives of this zone are:

(a)  to identify areas having significant natural, cultural and heritage conservation values, and

(b)  to ensure of that the ecology and environmental qualities of land within the zone are enhanced and protected from adverse impact arising from development of land in the vicinity.

Zone No W2 (Residential Waterways)

The objectives of this zone are:

(a)  to identify areas of the waterway where facilities providing some form of private access to the waterway are appropriate, and

(b)  to ensure that development is ordinarily incidental or subsidiary to development permissible on land zoned for residential purposes.

Zone No W3 (Recreational Boating Facilities)

The objectives of this zone are:

(a)  to identify areas of the waterway where development ordinarily incidental or subsidiary to existing amateur and professional recreational yachting or boating clubs and the like is appropriate, and

(b)  to ensure that such development is generally compatible with the existing or planned future character of the waterway and adjoining foreshore lands.

Zone No W4 (Business Boating Facilities)

The objectives of this zone are:

(a)  to identify areas of the waterway where boating facilities ordinarily incidental or subsidiary to existing waterfront business and service facilities and the like are appropriate, and

(b)  to ensure that such development is generally compatible with the existing or planned future character of the waterway and adjoining foreshore lands.

Part 2 Zone objectives for the Warriewood Valley Urban Land Release

Zone No 2 (f) (Urban Purposes—Mixed Residential)

The objectives of this zone are:

(a)  to identify land within the Warriewood Valley Urban Land Release which is suitable for residential development and which will be provided with adequate physical and social infrastructure in accordance with a planning strategy for the area, and

(b)  to provide opportunities for more varied forms of housing and wider housing choice, and

(c)  to provide opportunities for a mixture of residential buildings which can be in the form of detached dwellings, integrated development, cluster housing, group buildings and the like.

Part 3 Objectives for Zone No 6 (a) (Existing Recreation “A”)

(Clause 43 (2) (e))

The objectives of this zone are:

(a)  to provide a range of open space and recreational land, and

(b)  to ensure that development on such land:

(i)  is for a purpose that promotes or is related to the use and enjoyment of open space, and

(ii)  is consistent with the purposes for which the land was reserved or otherwise set aside for public use, and

(iii)  does not substantially diminish public use of, or access to, open space, and

(iv)  does not adversely affect the natural environment, the heritage significance of any heritage items or heritage conservation areas or the existing amenity of the area.

sch 11, hdg: Ins 29.7.1994. Am 28.5.1999.

sch 11: Ins 29.7.1994. Am 28.5.1999; 8.9.2000.

Schedule 12 Development of certain land at Ingleside

(Clause 17A)

Lot 17, Section C, DP 11785, No 70 Ingleside Road, Ingleside.	Lot 7, DP 12130, No 9 Ingleside Road, Ingleside.
Lot 18, Section C, DP 11785, No 68 Ingleside Road, Ingleside.	Lot 5, DP 12129, No 41 Ingleside Road, Ingleside.
Lot 21, Section C, DP 11785, No 62 Ingleside Road, Ingleside.	Lot 4, DP 12129, No 43 Ingleside Road, Ingleside.
Pt Lot 22, Section C, DP 11785, No 60 Ingleside Road, Ingleside.	Lot 1, DP 549098, No 69 Ingleside Road, Ingleside.
Pt Lot 24, Section C, DP 11785, No 56 Ingleside Road, Ingleside.	Pt Lot 6, DP 12132, No 71 Ingleside Road, Ingleside.
Lot 1, Section J, DP 12297, No 54 Ingleside Road, Ingleside.	Lot 5, DP 12132, No 73 Ingleside Road, Ingleside.
Lot 2, Section J, DP 12297, No 52 Ingleside Road, Ingleside.	Lot 56, Section K, DP 12115, L56 King Road, Ingleside.
Lot 8, Section J, DP 12297, No 40 Ingleside Road, Ingleside.	Lot 57, Section K, DP 12115, L57 King Road, Ingleside.
Lot 54, Section J, DP 12297, No 38 Ingleside Road, Ingleside.	Lot 25, Section K, DP 12115, L25 Lane Cove Road, Ingleside.
Lot 86, Section B, DP 11784, No 24 Ingleside Road, Ingleside.	Lot 26, Section K, DP 12115, L26 Lane Cove Road, Ingleside.
Lot 80, Section B, DP 11784, No 12 Ingleside Road, Ingleside.	Lot 1, Section A, DP 11446, L1 Lane Cove Road, Ingleside.
Lot 77, Section B, DP 11784, No 6 Ingleside Road, Ingleside.	Lot 2, Section A, DP 11446, L2 Lane Cove Road, Ingleside.
Lot 78, Section B, DP 11784, No 8 Ingleside Road, Ingleside.	Lot 5, Section A, DP 11446, L5 Lane Cove Road, Ingleside.
Lot 8, Section A, DP 11446, L8 Lane Cove Road, Ingleside.	Lot 13, Section J, DP 12297, No 7 Laurel Road West, Ingleside.
Lot 9, Section A, DP 11446, L9 Lane Cove Road, Ingleside.	Lot 52, Section J, DP 12297, No 4 Laurel Road East, Ingleside.
Lot 12, Section A, DP 11446, L12 Lane Cove Road, Ingleside.	Lot 29, Section J, DP 12297, No 48 Laurel Road East, Ingleside.
Lot 13, Section A, DP 11446, L13 Lane Cove Road, Ingleside.	Lot 48, Section B, DP 11784, No 53 McLean Street, Ingleside.
Lot 18, Section A, DP 11446, L18 Lane Cove Road, Ingleside.	Lot 45A, Section B, DP 11784, No 47 McLean Street, Ingleside.
Lot 19, Section A, DP 11446, L19 Lane Cove Road, Ingleside.	Lot 44A, Section B, DP 11784, No 45 McLean Street, Ingleside.
Lot 3, Section D, DP 11444, L3 Lane Cove Road, Ingleside.	Lot 58, Section B, DP 11784, No 14 McLean Street, Ingleside.
Lot 4, Section D, DP 11444 L4 Lane Cove Road, Ingleside.	Lot 59, Section B, DP 11784, No 16 McLean Street, Ingleside.
Lot 6, Section D, DP 11444 L6 Lane Cove Road, Ingleside.	Lot 60, Section B, DP 11784, No 18 McLean Street, Ingleside.
Lot 52, DP 11786, 47 Laurel Road West, Ingleside.	Lot 51, Section K, DP 12115, No 3 Manor Road, Ingleside.
Lot 7, Section L, DP 12297, No 37 Laurel Road West, Ingleside.	Lot 63, Section K, DP 12115, No 9 Manor Road, Ingleside.
Lot 8, Section L, DP 12297, No 39 Laurel Road West, Ingleside.	Lot 3, DP 502582, No 121 Mona Vale Road, Ingleside.
Lot 9, Section L, DP 12297, No 41 Laurel Road West, Ingleside.	Pt Lot 1, Section K, DP 12115, No 178 Mona Vale Road, Ingleside.
Lot 10, Section L, DP 12297, No 43 Laurel Road West, Ingleside.	Lot 5, Section K, DP 12115, No 172 Mona Vale Road, Ingleside.
Lot 14, Section J, DP 12297, No 9 Laurel Road West, Ingleside.	Pt Lot 11, Section B, DP 11594, No 238 Powderworks Road, Ingleside.
Lot 12, Section K, DP 12115, No 160 Mona Vale Road, Ingleside.	Pt Lot 10, Section B, DP 11594, No 240 Powderworks Road, Ingleside.
Lot 13, Section K, DP 12115, No 158 Mona Vale Road, Ingleside.	Lot 2, DP 523955, No 292 Powderworks Road, Ingleside.
Lot 14, Section K, DP 12115, No 156 Mona Vale Road, Ingleside.	Lot 86, Section K, DP 12115, L86 Waratah Road, Ingleside.
Lot 15, Section K, DP 12115, No 154 Mona Vale Road, Ingleside.	Pt Lot 93, Section K, DP 12115, L93 Waratah Road, Ingleside.
Pt Lot 16, Section K, DP 12115, No 152 Mona Vale Road, Ingleside.	Lot 85, Section K, DP 12115, L85 Waratah Road, Ingleside.
Pt Lot 17, Section K, DP 12115, No 150 Mona Vale Road, Ingleside.	Pt Lot 103, Section K, DP 12115, L103 Waratah Road, Ingleside.
Lot 36, DP 12115, No 311 Powderworks Road, Ingleside.	Lot 104, Section K, DP 12115, L104 Waratah Road, Ingleside.
Lot 37, DP 12115, No 309 Powderworks Road, Ingleside.	Lot 107, Section K, DP 12115, L107 Waratah Road, Ingleside.
Lot 42, Section B, DP 11594, No 283 Powderworks Road, Ingleside.	Lot 71, Section K, DP 12115, L71 Waratah Road, Ingleside.
Lot 37, Section B, DP 11594, No 273 Powderworks Road, Ingleside.	Lot 72, Section K, DP 12115, L72 Waratah Road, Ingleside.
Lot 36, Section B, DP 11594, No 271 Powderworks Road, Ingleside.	Lot 73, Section K, DP 12115, L73 Waratah Road, Ingleside.
Lot 2, DP 524000, No 257 Powderworks Road, Ingleside.	Lot 45, Section K, DP 12115, L45 Wattle Road, Ingleside.
Lot 1, DP 524000, No 255 Powderworks Road, Ingleside.	Lot 46, Section K, DP 12115, L46 Wattle Road, Ingleside.
Lot 22, Section B, DP 11594, No 245 Powderworks Road, Ingleside.	Lot L, DP 366622, LL Boronia Road, Ingleside.
Lot 18, Section B, DP 11594, No 224 Powderworks Road, Ingleside.	Lot 27, Section A, DP 11786, L27 Boronia Road, Ingleside.
Lot 48, Section K, DP 12115 L48 Wattle Road, Ingleside.	Lot 28, Section A, DP 11786, L28 Boronia Road, Ingleside.
Lot 6, DP 12129, L48 Wattle Road, Ingleside.	Lot 29, Section A, DP 11786, L29 Boronia Road, Ingleside.
Lot 42, DP 11786, L42 Laurel Road West, Ingleside.	Lot 31 and Part Lot 30, Section A, DP 11786, L31 Boronia Road, Ingleside.
Lot 43, DP 11786, No 55 Laurel Road West, Ingleside.	Lot K, DP 366622, LK Boronia Road, Ingleside.

sch 12: Ins 23.12.1994.

Schedule 13 Classification or reclassification of public land as operational

(Clause 54)

Part 1 Land classified, or reclassified, under original section 30 of Local Government Act 1993

Newport
16 Belinda Place	Lot 54, DP 218250, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 34)”.

Part 2 Land classified, or reclassified, under amended section 30 of Local Government Act 1993 —interests not changed

Part 3 Land classified, or reclassified, under amended section 30 of Local Government Act 1993 —interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Elanora Heights
205 Powderworks Road	Lot 267, DP 27013, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 56)”—Pittwater Local Environmental Plan 1993 (Amendment No 56)	Nil.
Ingleside
21 Walter Street	Lot A, DP 103294 and Lot A, DP 103295, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 59)—Classification Map”	Nil.
Warriewood
155a Garden Street	Lot 6, DP 730450, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 64)”—Pittwater Local Environmental Plan 1993 (Amendment No 64)	Nil.

sch 13: Ins 1.4.1999. Am 29.6.2001; 6.9.2002; 28.2.2003.