Willoughby Local Environmental Plan 1995

Part 1 General provisions

1 Name of plan

This plan may be cited as Willoughby Local Environmental Plan 1995.

2 Aims and objectives

The aims and objectives of this plan are:

(a)  to update planning controls for the City of Willoughby, and

(b)  to allow development at a scale that is sensitive to environmental and planning constraints, and

(c)  to control and manage adverse environmental impacts of development, and

(d)  to maintain and enhance the amenity of residential areas, for example, by protecting these areas from inappropriate development, and

(e)  to ensure that residential development conforms with the scale and character of the individual residential development areas, and

(f)  to accommodate various housing types, and

(g)  to identify and protect environmentally sensitive areas, and

(h)  to conserve specific buildings and items of the environmental heritage and to retain the character of urban conservation areas, and

(i)  to provide adequate and accessible open space, and

(j)  to maintain and encourage a diversity of functional industrial uses by applying appropriate development standards, and

(k)  to make adequate provision for future local and regional traffic needs, and

(l)  to ensure that the intensity of commercial and industrial development does not adversely affect the amenity and safety of adjoining residential areas or the efficiency of the operation of any local or regional traffic network, and

(m)  to make better use of the existing infrastructure in the Chatswood Town Centre by removing the impediments to residential development in the centre, and

(n)  to improve development opportunities of the St Leonards subregional centre, placing a particular emphasis on residential development without, however, compromising the efficiency of the regional road network, and

(o)  to provide for increased residential density in accessible locations, while minimising the potential for adverse impacts of such increased density on the efficiency and safety of the road network, and

(p)  to co-ordinate the economic and equitable provision and utilisation of community facilities and services, and

(q)  to encourage methods of transport other than motor vehicles, and

(r)  to revise existing controls relating to residential development in order to pursue urban consolidation objectives, and

(s)  to encourage the development of new housing to meet the housing requirements of special needs groups within the City of Willoughby, and

(t)  to assist in promoting the Council’s role in facilitating housing for special needs groups within the City of Willoughby.

cl 2: Am 3.12.1999.

3 Land to which plan applies

(1)  This plan applies to all land within the City of Willoughby identified on the map.

(2)  However, this plan applies to land shown hatched on the map only to the extent that it amends other environmental planning instruments which apply to that land.

(3)    (Repealed)

cl 3: Am 10.3.2000.

4 Relationship to other environmental planning instruments

(1)  This plan repeals the following environmental planning instruments in so far as, immediately before the appointed day, they applied to the land to which this plan applies:

(a)  Willoughby Planning Scheme Ordinance,

(b)  all local environmental plans and other deemed environmental planning instruments except for Willoughby Local Environmental Plan No 40.

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

(3)  The repeal of Schedule 1 does not affect any amendments made by that Schedule to the following environmental planning instruments:

State Environmental Planning Policy No 25—Residential Allotment Sizes,

Sydney Regional Environmental Plan No 5—(Chatswood Town Centre),

Sydney Regional Environmental Plan No 12—Dual Occupancy,

Willoughby Local Environmental Plan No 40.

(4)  Environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and the Willoughby Planning Scheme Ordinance) as in force immediately before the commencement of this plan continue to apply to a development application if:

(a)  the application was made but had not been finally determined before that commencement, and

(b)  the development that is the subject of the application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.

cl 4: Am 12.9.1997; 29.6.2000.

5 Definitions

(1)  In this plan:

adaptation means modifying a building or place to suit proposed uses that are compatible with conservation of the building or place.

adjoining land means land which abuts other land or is separated from it only by a pathway, driveway or similar thoroughfare.

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display contains a reference to the use of the premises on which the display occurs and whether or not the display involves the erection of a structure or the carrying out of a work.

alter in relation to a heritage item or to a building, work, relic, tree or place within a conservation area means:

(a)  make structural changes to its exterior, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the exterior, but not including any such changes resulting from maintenance, this being the continuous protective care of the existing detail, fabric, finish or appearance of the item or component.

advertising structure means a structure used or to be used principally for the display of an advertisement.

appointed day means the day on which this plan was gazetted and took effect.

A.H.D. means Australian Height Datum.

archaeological site means land identified as such a site on the Heritage and Conservation Map.

attached dwelling means a dwelling physically connected to another dwelling, where:

(a)  the two dwellings comprise a single building, and

(b)  the two dwellings are connected by a substantial wall separating habitable rooms such as lounge rooms, dining rooms, bedrooms or kitchens, or by the floor of one dwelling and the ceiling of the other.

Dwellings are not attached if the only physical connection between them is a verandah, pergola, balcony, driveway, walkway, garage, carport or private open space area.

attic means a habitable space totally within the roof space of a dwelling, or of a building including a dwelling, being a dwelling that occupies all or a substantial part of the level of the building immediately below the habitable space and of which dwelling the habitable space is part.

bed and breakfast means a dwelling-house in which the permanent residents provide rooms for paying guests, with a common facility for the provision of meals, but does not include premises:

(a)  licensed to sell liquor, or

(b)  that detract in any way from the amenity of the adjoining properties or locality in which the premises are situated, or

(c)  in or on which is exhibited any advertisement relating to the provision of accommodation (other than an advertisement which would fit within a rectangular figure 1.0 metres in length and 0.6 metre in height that is exhibited in or on the premises to indicate that the premises provide bed and breakfast accommodation), or

(d)  in which more than 3 bedrooms are used for paying guests, or

(e)  used as a backpackers’ hostel, boarding house, serviced apartments, private hotel, hotel or motel.

boarding house means a dwelling-house which is let in lodgings but does not include a motel, backpackers hostel, serviced apartments or other tourist establishment.

brothel means premises used habitually for the purposes of prostitution, that is, the engaging in a sexual activity by persons for payment. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

building height plane means a plane projected at an angle of 35 degrees over a site commencing at natural ground level along a boundary of a site specified in this plan for the purposes of establishing a building height plane.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

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

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

but does not include a building or place used for the sale of foodstuffs, produce or clothing.

bushfire hazard reduction means a reduction or modification of fuel by burning or by chemical, mechanical or manual means.

bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

business premises means a building or place in which there is carried on an occupation, profession or trade which provides a service directly and regularly to the public and which does not adversely affect the amenity of the neighbouring occupiers or the locality, but does not include a building or place elsewhere defined in this clause.

car parking station means any land (including a building on that land) open to the public and used for the purpose of accommodating vehicles, whether on payment of a fee or not, but does not include:

(a)  land (including a building on that land) which is used for parking, being parking that is ancillary to other development on or adjoining that land, or

(b)  a metered zone, or

(c)  a metered space.

car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles, watercraft or caravans.

community facility means a building or place owned or controlled by the Council, any other public authority or an organisation established for community purposes which provides for the physical, social, cultural or intellectual development or welfare of the community, but does not include a building or place elsewhere defined in this clause.

conservation area means land shown as a conservation area on the Heritage and Conservation Map.

conservation plan means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area and which identifies how that significance is to be retained in its future use and development.

convenience store means a shop selling a variety of small consumer goods and petrol, oil and petroleum products, whether or not other goods are available for hire at the shop.

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

Council means the Council of the City of Willoughby.

county road means:

(a)  any existing road indicated on the map by a continuous red line on white between firm black lines, or

(b)  any proposed road widening indicated on the map by a broken red band between a firm black line and a broken black line.

demolition, in relation to:

(a)  a heritage item or a building, work, relic, tree or place within a heritage conservation area, means the total or partial destruction or dismantling of the heritage item or building, work, relic, tree or place, or

(b)  any other building, means the total or partial destruction, pulling down, or removal of the building.

drive-in take-away food shop means a building or place the principal purpose of which is the provision of food (whether for consumption on the premises or not) and which is dependent on customers who drive onto the premises, but does not include a building or place elsewhere defined in this clause.

dual occupancy means two dwellings only (whether attached or detached) on a single allotment of land.

floor space ratio of a site means the ratio of the total gross floor area of all buildings on the site to the total area of the site zoned for the purpose for which the building or buildings may be erected, exclusive of the area of any access handle.

general store means a shop used for the retail sale of general merchandise and may include post office facilities.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1400 millimetres above each floor level, excluding:

(a)  columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and

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

(c)  car parking needed to meet any requirements of the consent authority and any internal designated vehicular or pedestrian access to that parking, and

(d)  space for the loading and unloading of goods.

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

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

(b)  to the biophysical environment.

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

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

(b)  to the biophysical environment.

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

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

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

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

(d)  an optometrist registered under the Optometrists Act 1930.

height has the meaning set out in subclause (3).

Heritage and Conservation Map means the map marked “Willoughby Local Environmental Plan 1995—Heritage and Conservation”, as amended by the maps (or, if sheets of maps are specified, by the sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 7)—Sheet 10

Willoughby Local Environmental Plan 1995 (Amendment No 9)

Willoughby Local Environmental Plan 1995 (Amendment No 16)—Sheet 2

Willoughby Local Environmental Plan 1995 (Amendment No 18)

Willoughby Local Environmental Plan 1995 (Amendment No 19)—Sheets 7–10

Willoughby Local Environmental Plan 1995 (Amendment No 38)

Willoughby Local Environmental Plan 1995 (Amendment No 42)—Sheets 9–12

Willoughby Local Environmental Plan 1995 (Amendment No 49)—Sheets 1–5, 7, 8 and 10

heritage item means a building, work, relic or place:

(a)  identified on the Heritage and Conservation Map as:

(i)  a State or regional heritage item, or

(ii)  a local heritage item, or

(b)  listed in Schedule 6 or 7.

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

heritage statement means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area.

high density residential floor space map means Sheet 10 of the map, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 5)

Willoughby Local Environmental Plan 1995 (Amendment No 10)

Willoughby Local Environmental Plan 1995 (Amendment No 21)

home business means a dwelling-house that is not within 500 metres of land within a business zone and in which an occupation is carried out by the permanent residents of the dwelling-house that does not involve any of the following:

(a)  employment of more than 2 persons other than the permanent residents,

(b)  interference in any way with the amenity of adjoining properties or the locality in which the dwelling is situated,

(c)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign which would fit within a rectangular figure 1.0 metres in length and 0.6 metres in height and exhibited on that dwelling or land to indicate the name and occupation of the resident),

(d)  exposure to view from any public place of any matter other than a notice, advertisement or sign complying with paragraph (c),

(e)  a change in the appearance of the dwelling or the land on which it is erected out of character with that of the adjoining land,

(f)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

(g)  a courier, taxi, road transport, tow truck or freight delivery operation.

home industry means an industry carried on in a building (other than a dwelling) situated within the curtilage of a dwelling by the person who occupies the dwelling, being an industry that does not:

(a)  interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or

(b)  involve exposure to view of any unsightly matter from any adjacent premises or from any public place, or

(c)  require the provision of any essential service main of a greater capacity than that available in the locality, or

(d)  generate additional traffic of a type and amount that would have a significant adverse impact on the surrounding residential area.

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

(a)  prostitution, or

(b)  the registration of the building under the Factories, Shops and Industries Act 1962, or

(c)  the employment of persons other than those residents, or

(d)  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, or

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

(f)  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

(g)  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

hotel means premises, licensed under the Liquor Act 1982 to sell liquor, which provide accommodation for guests on a short-term basis without a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987, and may include facilities such as function rooms, restaurant, recreational facilities and ancillary retail uses.

Innisfallen Castle Estate means the land at Castle Cove identified by heavy black edging on sheet 5 of the map.

item of environmental heritage means any building, work, relic or place identified in this plan as a heritage item.

land excluded from dual occupancy provisions map means Sheet 11 of the map, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 7)—Sheet 10

Willoughby Local Environmental Plan 1995 (Amendment No 9)

Willoughby Local Environmental Plan 1995 (Amendment No 18)

Willoughby Local Environmental Plan 1995 (Amendment No 19)—Sheets 7–10

Willoughby Local Environmental Plan 1995 (Amendment No 29)

Willoughby Local Environmental Plan 1995 (Amendment No 38)

Willoughby Local Environmental Plan 1995 (Amendment No 42)—Sheets 11–12

Willoughby Local Environmental Plan 1995 (Amendment No 49)—Sheets 1–5, 7, 8 and 10

Willoughby Local Environmental Plan 1995 (Amendment No 52)—Sheet 1

landscaped area means that part of a site which is not occupied by any building and is available for use and enjoyment by the occupants of a building erected on the site. It includes areas used for swimming pools, open-air recreation areas, gardens, lawns, shrubs or trees, but does not include areas used for driveways, parking areas, drying yards, garbage storage areas or public open space.

master plan means a document consisting of written information, maps and diagrams that:

(a)  makes detailed provisions relating to development of land, and

(b)  outlines in broad terms the long-term proposals for the development of land and explains how those proposals address the planning principles and development controls in this plan and any development control plan adopted by the Council that applies to the land.

motor showroom means a building or place used for the display or sale of cars, trucks or other motor vehicles and accessories for them.

natural ground level, in relation to land, means the level of the land as if no development had taken place on that land.

net floor area means the floor area of a building after excluding from its gross floor area fixed corridors, foyers, amenities, kitchens, tea rooms and wall thicknesses.

nursing home has the meaning ascribed to it in the National Health Act 1953 of the Commonwealth.

offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land in the locality.

offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a pollution discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land in the locality.

office premises means a building or place used for the purpose of administration, clerical, technical, professional or like activities (except dealing with members of the public on a direct and regular basis or otherwise than by appointment), but does not include a building or place elsewhere defined in this clause.

parking space means an unobstructed area accessible to and, in the opinion of the Council, suitable for the parking of motor vehicles.

potential archaeological site means land identified as such a site on the Heritage and Conservation Map or a site the Council considers to have potential archaeological significance.

professional consulting rooms means a room or a number of rooms forming not more than 40% of the gross floor area of a dwelling-house and used by not more than one registered medical practitioner or by not more than one dentist within the meaning of the Dentists Act 1989, or by not more than one health care professional, who practises therein his or her profession as a sole practitioner, or in partnership with not more than one other practitioner practising the same profession, and who resides permanently on the premises or whose partner so resides, and who employs or whose partnership employs not more than one employee in connection with that practice.

recreation area means:

(a)  a children’s playground, or

(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 purpose of the physical, cultural or intellectual welfare of persons within the community, or

(d)  a landscaped area for passive enjoyment,

but does not include a racecourse or a showground.

recreation facility means a building used for indoor recreation, including a table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a building or place elsewhere defined in this clause.

regeneration means the natural regeneration (by germination of seed present in the soil or by sprouting, for example, from lignotubers) of native species/plant communities whether or not it follows removal of exotic species or other types of disturbances such as fire.

relic means any deposit, object or material evidence (terrestrial or underwater), relating to the use or settlement of the land to which this plan applies and which is 50 or more years old.

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

residential flat building means a building containing two or more dwellings whether attached or detached and includes buildings commonly known as town houses and villa houses.

restaurant means a building or place the principal purpose of which is the provision of food for consumption on the premises and includes a cafe, bistro or tea room, but does not include a building or place elsewhere defined in this clause.

road has the same meaning as in the Local Government Act 1993.

serviced apartment means a building containing two or more dwellings which are cleaned and serviced by the owner or manager of the building or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a hostel or a building or place elsewhere defined in this clause.

showroom means an area used for the display of goods, merchandise or materials which does not involve the sale of such items whether by retail or auction, but does not include areas elsewhere defined in this clause.

soft landscaped area means that part of a site which is not occupied by any building, structure or work and which is vegetated with gardens, lawns, shrubs or trees, but does not include any paved area.

special needs housing groups means residents of the City of Willoughby who are identified as being in housing need in the Willoughby City Housing Policy, being a policy adopted by the Council.

storey, in relation to a building, means the space between any 2 successive floors, or the space between natural ground level and any floor immediately above that level, or the space between any floor and its ceiling or roof above. Any such space that exceeds 3.5 metres in height is counted as 2 storeys. The following spaces are not to treated as storeys for the purposes of this definition:

(a)  spaces where the ceiling of that floor or level is less than 1 metre above natural ground level at all points,

(b)  in the case of an existing building, an attic with a floor area that does not exceed 60% (including lift towers and plant rooms) of the floor area of the level below. Such an attic is excepted only if it does not alter the pitch or profile of the roof of the building except by the inclusion of dormer or similar windows,

(c)  in the case of a proposed building, an attic with a floor area that will not exceed 60% (including lift towers and plant rooms) of the floor area of the level of the building immediately below. Such an attic is excepted only if it will not result in the pitch or profile of the roof of the building or height of the eaves being inconsistent with the roofs or eave height of surrounding buildings (disregarding the inclusion of dormer or similar windows for the purpose of comparison).

the map means the sheets (except the sheet marked “Sheet 10”) comprising the map marked Willoughby Local Environmental Plan 1995, as amended by the maps (or, if sheets of maps are specified, by the sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 1)

Willoughby Local Environmental Plan 1995 (Amendment No 2)

Willoughby Local Environmental Plan 1995 (Amendment No 5)—Sheet 2

Willoughby Local Environmental Plan 1995 (Amendment No 6)—Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 7)—Sheets 1–9 and 11–15

Willoughby Local Environmental Plan 1995 (Amendment No 8)

Willoughby Local Environmental Plan 1995 (Amendment No 10)—Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 15)

Willoughby Local Environmental Plan 1995 (Amendment No 16)—Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 17)

Willoughby Local Environmental Plan 1995 (Amendment No 19)—Sheets 1–6 and 11

Willoughby Local Environmental Plan 1995 (Amendment No 21)

Willoughby Local Environmental Plan 1995 (Amendment No 22)

Willoughby Local Environmental Plan 1995 (Amendment No 23)—Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 24)

Willoughby Local Environmental Plan 1995 (Amendment No 25)—Sheets 1 and 2

Willoughby Local Environmental Plan 1995 (Amendment No 26)—Sheets 2–6

Willoughby Local Environmental Plan 1995 (Amendment No 27)—Sheets 2 and 3

Willoughby Local Environmental Plan 1995 (Amendment No 30)

Willoughby Local Environmental Plan 1995 (Amendment No 31)—Sheets 1–3

Willoughby Local Environmental Plan 1995 (Amendment No 33)

Willoughby Local Environmental Plan 1995 (Amendment No 34)—Sheets 1 and 2

Willoughby Local Environmental Plan 1995 (Amendment No 35)

Willoughby Local Environmental Plan 1995 (Amendment No 37)—Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 40)

Willoughby Local Environmental Plan 1995 (Amendment No 41)

Willoughby Local Environmental Plan 1995 (Amendment No 42)—Sheets 2–8

Willoughby Local Environmental Plan 1995 (Amendment No 47)

Willoughby Local Environmental Plan 1995 (Amendment No 49)—Sheets 6 and 9

Willoughby Local Environmental Plan 1995 (Amendment No 50)—Sheets 1–3

Willoughby Local Environmental Plan 1995 (Amendment No 51)—Sheet 1

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

the Willoughby Local Housing Program means an official program, set out in the development control plan for Willoughby Local Housing (Development Control Plan No 23), as in force from time to time, for the provision and management of Willoughby Local Housing in the Willoughby Local Housing Precincts, in accordance with the Willoughby Local Housing Principles set out in clause 25B.

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

warehouse means a building or place used principally for the storing of goods, or for the storing or handling of goods or material after being produced or manufactured for sale, but not for the retail sale of items to the public from the building or place. It does not include any form of storage establishment elsewhere defined in this clause.

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

Willoughby Local Housing means affordable housing provided pursuant to conditions imposed under section 94F of the Act that is rented housing occupied by people from special needs housing groups and provided and managed in accordance with the Willoughby Local Housing Program.

Willoughby Local Housing Precinct means any of the following parcels of land in the City of Willoughby:

“Local Housing Precinct 1”, being the parcel of land shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 21)”

“Local Housing Precinct 2”, being the parcel of land shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 31)”

“Local Housing Precinct 3”, being the parcel of land shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 30)”

“Local Housing Precinct 4”, being the parcel of land shown as being within Zone 2 (b) on Sheet 1 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 51)”

(2)  In this plan, a reference:

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

(b)  to a map is a reference to a map deposited in the office of the Council, or

(c)  to land within a zone specified in the development control tables is a reference to land shown on the map in the manner indicated in clause 12 as the means of identifying land of the zone so specified.

(3)  For the purposes of this plan, the height of a building is to be measured as follows:

(a)  if the relevant provision of this plan specifies a maximum height as a number of storeys, the height of the building is to be measured as the maximum number of storeys that can be intersected by the same vertical line through the building,

(b)  if the relevant provision of this plan specifies a maximum height in terms of RL, the height of the building is to be measured as the height (in metres) above A.H.D. of the uppermost point of the building (not being a vent, lift tower, chimney or other service installation),

(c)  if the relevant provision of this plan specifies a maximum height in metres without reference to RL, the height of the building is to be measured as the greatest vertical distance in metres from natural ground level at any point to the uppermost ceiling level or the bottom of the eaves (whichever is the lower) immediately above that point.

cl 5: Am 1.3.1996; 26.4.1996; 2.5.1997; 25.7.1997; 8.8.1997; 13.2.1998; 6.3.1998; 3.4.1998; 3.7.1998; 24.7.1998; 21.8.1998; 8.1.1999; 1.4.1999; 12.11.1999; 3.12.1999; 10.12.1999; 7.1.2000; 10.3.2000; 19.5.2000; 29.6.2000; 28.7.2000; 4.8.2000; 25.8.2000; 15.9.2000; 20.10.2000; 8.12.2000; 7.12.2001; 22.2.2002; 24.5.2002; 31.5.2002; 11.7.2003; 31.10.2003; 5.3.2004; 9.7.2004.

6 Model Provisions

The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan except for the definitions of terms defined in clause 5 (1) of this plan and clauses 7, 15, 16, 18, 23 and 33 of the Model Provisions.

7 Clause headings

In this plan, the headings to clauses form part of the plan.

8 Consent authority

Unless otherwise specified, the Council is the consent authority for development applications relating to land to which this plan applies.

9 Advertisements and advertising structures

(1)  A person shall not display an advertisement or erect an advertising structure except with the consent of the Council.

(2)  The Council shall not consent to the display of an advertisement on land or the erection or use of an advertising structure on land for the purpose of displaying an advertisement other than an advertisement:

(a)  which relates to that land or to premises situated on that land, and

(b)  which specifies one or more of the following particulars:

(i)  the purpose for which the land or premises is or are used,

(ii)  the identification of a person residing or carrying on an occupation or business on the land or premises,

(iii)  a description of an occupation or business referred to in subparagraph (ii),

(iv)  particulars of the goods or services dealt with or provided on the land or premises.

(3)  The Council shall not consent to the display of an advertisement or erection of an advertising structure if it considers that the advertisement or the advertising structure will interfere with the amenity of the locality.

(4)  This clause is subject to the provisions of clause 13AA (1) (which provides for certain development to be exempt development).

cl 9: Am 28.7.2000.

10 Suspension of covenants

(1)  For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development.

(2)  This clause does not apply to:

(a)  land within the Innisfallen Castle Estate shown on sheet 5 of the map, or

(b)  136 and 136A Edinburgh Road, Castlecrag, being lots 1 and 2 in DP 847190, or

(c)  a covenant imposed by the Council or which the Council requires to be imposed.

(3)  This clause does not affect the rights or interests of any public authority or Sydney Water under any registered instrument.

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

11 Subdivision

A person shall not subdivide land except with the consent of the Council.

12 Zones indicated on the 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 map in the manner described below in relation to that zone:

Zone 2 (a) (Residential “A” Zone)—coloured light scarlet.

Zone 2 (a2) (Residential “A2” Scenic Protection Zone)—coloured light scarlet with red edging and lettered “2 (a2)”.

Zone 2 (b) (Residential “B” Zone)—coloured light scarlet with red edging and lettered “2 (b)”.

Zone 2 (c) (Residential “C” Zone)—coloured light scarlet with red edging and lettered “2 (c)”.

Zone 2 (d) (Residential “D” Zone)—coloured light scarlet with red edging and lettered “2 (d)”.

Zone 3 (a) (General Business Zone)—coloured light blue.

Zone 3 (b) (Special Business Zone)—coloured light blue with red edging and lettered “3 (b)”.

Zone 3 (c3) (Chatswood Secondary Business Zone)—coloured light blue with red edging and lettered “3 (c3)”.

Zone 3 (d) (Neighbourhood Business Zone)—coloured medium blue.

Zone 3 (e) (Restricted Office Zone)—coloured light blue with red edging and lettered “3 (e)”.

Zone 3 (e2) (Business Zone)—coloured light blue with red edging and lettered “3 (e2)”.

Zone 4 (a) (General Industrial Zone)—coloured purple.

Zone 4 (b) (Light Industrial Zone)—coloured purple with red edging and lettered “4 (b)”.

Zone 5 (a) (Special Uses “A” Zone)—coloured yellow with red lettering indicating nominated purpose.

Zone 5 (b) (Special Uses “B” (Railways) Zone)—coloured blue purple.

Zone 5 (c) (Special Uses “C” (Proposed County Road Reservation) Zone)—red and white band between a firm black line and a broken black line.

Zone 5 (d) (Special Uses “D” (Proposed Road Reservation) Zone)—coloured grey between a firm black line and a broken black line.

Zone 6 (a) (Open Space “A” (Existing Recreation) Zone)—coloured dark green.

Zone 6 (b) (Open Space “B” (Proposed Recreation Reservation) Zone)—coloured light green.

Zone 6 (c) (Open Space “C” (Regional Open Space Reservation) Zone)—coloured light green with red edging and lettered R.

Zone 6 (d) (Open Space “D” (Private Recreation) Zone)—coloured dark green with yellow edging.

Zone 6 (e) (Open Space “E” (National Park) Zone)—uncoloured with dark green edging.

13 Zone objectives and development control

(1)  The specific objectives of each zone are set out in the development control table for each zone under the heading “Specific Objective” or “Specific Objectives”.

(2)  Except as otherwise provided by this plan, the development control table for each zone specifies the development within each zone that:

(a)  may be carried out without development consent including exempt development, or

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

(c)  is prohibited.

(3)  Except as otherwise provided by this plan, the Council shall not consent to development on land to which this plan applies unless the Council is of the opinion that the development is consistent with one or more of the aims of this plan and at least one specific objective of the zone within which the development is proposed to be carried out.

cl 13: Subst 28.7.2000.

13AA What is exempt and complying development?

Explanatory note—

In this Plan:

complying development means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Development Control Plan No 25—Exempt and Complying Development.

exempt development means development of a minor nature that may be carried out without the need for a complying development certificate or development consent. Development is only exempt development if it is specified as being permissible within subclause (2) (b) of the landuse table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Development Control Plan No 25—Exempt and Complying Development.

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 25—Exempt and Complying Development, adopted by the Council on 13 December 1999, is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Development Control Plan No 25—Exempt and Complying Development, adopted by the Council on 13 December 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 Development Control Plan No 25—Exempt and Complying Development, adopted by the Council on 13 December 1999.

cl 13AA: Ins 28.7.2000 (see also 11.8.2000 and 25.8.2000).

13AB Explanatory notes

In this plan, the explanatory notes do not form part of the Plan.

cl 13AB: Ins 28.7.2000.

13A Brothels

(1)  When assessing an application for consent to the use of premises for the purpose of a brothel, the Council must consider the following:

(a)  the distance between the premises and any place of worship, school, community facility, hospital or medical centre or any place in the vicinity of the premises regularly frequented by children for any reason,

(b)  whether the operation of the brothel could cause a disturbance in the neighbourhood, taking into account the location of any other brothels operating in the neighbourhood,

(c)  whether sufficient off-street parking will be provided,

(d)  whether the brothel will be accessed by a separate entrance,

(e)  whether the operation of the brothel would interfere with the amenity of the neighbourhood because of its size, operating hours, traffic generation, lighting or noise or the number of its employees and clients,

(f)  whether the operations of the brothel will utilise circulation areas common to any other use of the premises.

(2)  Development for the purpose of a brothel is prohibited on land to which this plan applies if the brothel is located at ground level within a business zone.

(3)  Development for the purpose of a brothel is prohibited on land to which this plan applies in any part of premises within a business zone if that part is used for residential purposes.

cl 13A: Ins 3.4.1998.

13B Savings and transitional provision

A development application lodged with the Council, but not finally determined, before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 52) is to be determined as if that plan had been exhibited under the Act but had not been made.

cl 13B: Ins 5.3.2004.

Part 2 Residential areas

Division 1 General zoning controls

14 Residential areas

The following residential zones apply as identified on the map:

Zone 2 (a) (Residential “A” Zone)—coloured light scarlet

Zone 2 (a2) (Residential “A2” Scenic Protection Zone)—coloured light scarlet with red edging and lettered “2 (a2)”

Zone 2 (b) (Residential “B” Zone)—coloured light scarlet with red edging and lettered “2 (b)”

Zone 2 (c) (Residential “C” Zone)—coloured light scarlet with red edging and lettered “2 (c)”

Zone 2 (d) (Residential “D” Zone)—coloured light scarlet with red edging and lettered “2 (d)”

Development control table

Explanatory note—

In this Plan:

complying development means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Development Control Plan No 25—Exempt and Complying Development.

cl 14: Subst 28.7.2000.

cl 14, table: Am 13.2.1998. Subst 28.7.2000.

14A Low density residential areas—Zones 2 (a), 2 (a2)

General Objectives

(a)  To provide residential environments free from any adverse impacts of non-residential uses, and

(b)  To maintain the scale, character and streetscape of individual localities, and

(c)  To retain and enhance residential amenity, including views, solar access, aural and visual privacy and landscape quality, and

(d)  To retain the heritage values of particular localities, and

(e)  To minimise the potential for adverse impacts of new development on the efficiency and safety of the road network.

cll 14A–14G: Ins 28.7.2000.

14B Zone 2 (a)—Residential “A” Zone

(1) Specific Objective To accommodate dwelling-houses and other land uses which are compatible with the existing housing.

(2) Development within the zone

(a)  Within the 2 (a) Residential Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 2 (a) Residential Zone, the following development may only be carried out with development consent:

Demolition

Development for the purposes of:

bed and breakfasts

boarding houses

child care centres

community facilities

drainage

dual occupancies

dwelling houses

educational establishments

home business

home industries

nursing homes

professional consulting rooms

recreation areas

roads

units for aged persons

utility installations

(c)  Within the 2 (a) Residential Zone, any other development is prohibited.

cll 14A–14G: Ins 28.7.2000.

14C Zone 2 (a2)—Residential “A2” Scenic Protection Zone

(1) Specific Objective To accommodate housing such that the scenic qualities and ecological values of environmentally sensitive natural areas, including foreshores and bushland areas, are maintained by protecting the land in the zone from overdevelopment or visually intrusive development, by minimising the impact of hard surfaces on the ecological characteristics of the locality, including nearby and adjoining bushland, and by ensuring that the new development does not dominate the natural scenic qualities of the locality.

(2) Development within the zone

(a)  Within the 2 (a2) Residential Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 2 (a2) Residential Zone, the following development may only be carried out with development consent:

Demolition

Development for the purpose of:

bed and breakfasts

drainage

dual occupancies

dwelling houses

home business

professional consulting rooms

roads

utility installations

(c)  Within the 2 (a2) Residential Zone, any other development is prohibited.

cll 14A–14G: Ins 28.7.2000.

14D Medium and high density residential areas—Zones 2 (b), 2 (c), 2 (d)

General Objectives

(a)  To allow for increased residential density in accessible locations, while minimising the potential for adverse impacts of such increased density on the efficiency and safety of the road network, and

(b)  To encourage innovative design in providing a comfortable living environment which also has regard to solar access, privacy, noise, views, vehicular access, parking and landscaping.

cll 14A–14G: Ins 28.7.2000.

14E Zone 2 (b)—Residential “B” Zone

(1) Specific Objectives

(a)  To accommodate a variety of low scale medium density housing types, such as villa homes, town houses and low-rise residential flat buildings, which are compatible with the scale and character of the surrounding residential area, and

(b)  To enable the provision of appropriate communal recreation facilities for use by residents.

(2) Development within the zone

(a)  Within the 2 (b) Residential Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 2 (b) Residential Zone, the following development may only be carried out with development consent:

Demolition

Development for the purposes of:

boarding houses

child care centres

community facilities

drainage

dual occupancies

dwelling houses

educational establishments

home business

nursing homes

recreation areas

residential flat buildings

roads

units for aged persons

utility installations

(c)  Within the 2 (b) Residential Zone, any other development is prohibited.

cll 14A–14G: Ins 28.7.2000.

14F Zone 2 (c)—Residential “C” Zone

(1) Specific Objectives

(a)  To accommodate a variety of medium density housing, including such types as walk-up flats and town houses, which are compatible with the scale and character of the surrounding residential area, and

(b)  To enable the provision of appropriate communal recreation facilities for use by residents.

(2) Development within the zone

(a)  Within the 2 (c) Residential Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 2 (c) Residential Zone, the following development may only be carried out with development consent:

Demolition

Development for the purpose of:

boarding houses

child care centres

community facilities

drainage

dwelling houses

educational establishments

home business

nursing homes

recreation areas

residential flat buildings

roads

units for aged persons

utility installations

(c)  Within the 2 (c) Residential Zone, any other development is prohibited.

cll 14A–14G: Ins 28.7.2000.

14G Zone 2 (d)—Residential “D” Zone

(1) Specific Objectives

(a)  To consolidate high-rise and high density residential flat buildings in selected and accessible locations, and

(b)  To enable the provision of appropriate communal recreation facilities for use by residents.

(2) Development within the zone

(a)  Within the 2 (d) Residential Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 2 (d) Residential Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

boarding houses

child care centres

community facilities

drainage

dwelling houses

educational establishments

general stores of 30sqm or less in area

home business

recreation areas

residential flat buildings

roads

units for aged persons

utility installations

(c)  Within the 2 (d) Residential Zone, any other development is prohibited.

cll 14A–14G: Ins 28.7.2000.

Division 2 Low density residential areas—Zones 2 (a), 2 (a2)—Special provisions

15 Minimum allotment sizes

(1)  Land within Zone 2 (a) or 2 (a2) may be subdivided only if the area of each allotment to be created by the subdivision will be not less than that shown for the land on sheet 9 of the map which sheet is titled “Minimum Allotment Sizes”, as amended by the maps (or, if sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 23)—Sheets 2 and 3

Willoughby Local Environmental Plan 1995 (Amendment No 25)—Sheet 3

Willoughby Local Environmental Plan 1995 (Amendment No 37)—Sheet 2

Willoughby Local Environmental Plan 1995 (Amendment No 50)—Sheet 4

Willoughby Local Environmental Plan 1995 (Amendment No 51)—Sheet 2

(2)  For the purposes of this clause, the area of an access corridor, being an axe-handle the purpose of which is to provide vehicular, pedestrian or services access to the main body of the lot, shall be excluded when determining the area of a hatchet-shaped allotment.

(3)  When determining a development application for consent to subdivide land within Zone 2 (a) or 2 (a2) that was made but not finally determined before 1 December 1998, the Council must consider:

(a)  any environmental planning instrument in force in respect of the land at the date of lodgement of the application, and

(b)  the aims and objectives of this plan.

cl 15: Am 8.1.1999; 12.11.1999. Subst 10.3.2000. Am 25.8.2000; 11.7.2003; 9.7.2004.

16 Foreshore building line

(1)  In this clause:

foreshore land means land between a water body and the dominant ridgeline that faces the water body.

modified foreshore land means foreshore land:

(a)  on which the natural vegetation structure has been substantially altered or removed, or

(b)  the topography of which has been substantially modified by human development, such as excavation, retaining walls or similar structures.

natural foreshore land means foreshore land:

(a)  on which the natural vegetation remains or, if altered, is still representative of the structure and floristics of natural vegetation, or

(b)  the topography of which has not been substantially altered by human development.

(2)  The objectives of this clause are:

(a)  to preserve and enhance the natural features and vegetation of those localities where the land meets or is in close proximity to the water, and

(b)  to encourage the protection and regeneration of land which forms an integral part of the foreshore setting by controlling new development, and

(c)  to promote a consistent application of foreshore building lines in comparable situations according to the characteristics of sites and foreshores in the localities concerned and with regard to the objectives set out below:

(i)  for natural foreshore land—to ensure that development retains the characteristics of the natural environment and scenic quality of the foreshores of Lane Cove River, and Middle Harbour and its tributaries, where they are in a predominantly natural state, and

(ii)  for modified foreshore land—to ensure that the siting of development provides an area which is left clear of buildings and structures, so as to protect the environment and the amenity and scenic quality of the foreshores of Lane Cove River, and Middle Harbour and its tributaries, where they are predominantly developed, and

(iii)  for residents of foreshore land—to control the siting of buildings and structures on the foreshores of Lane Cove River and Middle Harbour and its tributaries so that the amenity and views of foreshore residents are preserved.

(3)  Foreshore building lines are shown by red lines on sheets 12a, 12b, 12c, 12d, 12e, 12f and 12g of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 52)”.

(4)  Except with the consent of the Council granted in accordance with subclause (5), a building must not be erected and work must not be carried out between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.

(5)  The Council may, after considering the probable aesthetic appearance and environmental impact of the proposed structure or work in relation to the foreshore, consent to the erection of:

(a)  single storey structures, such as boatsheds and jetties, that have a direct functional relationship with the water, or

(b)  inclinators, stairs or other structures designed to provide pedestrian access to the waterway, or

(c)  structures such as swimming pools below or at the surface of the ground, barbecues, pergolas, retaining walls, public amenities and garden sheds,

between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.

cl 16: Subst 5.3.2004.

17 Scenic Protection Area

(1)  Land within Zone 2 (a2) is within a Scenic Protection Area.

(2)  The Council shall not consent to the carrying out of any development within a Scenic Protection Area unless it has considered the appearance and impact of that development on:

(a)  the amenity of surrounding properties, including loss of views to and of the foreshore, bushland and any waterways, and

(b)  the scenic qualities of the foreshore, including whether man-made structures visually dominate the natural landscape through excessive height and bulk and whether buildings, structures and other works are aesthetically and sympathetically integrated with the form and features of the local topography, and

(c)  bushland within the immediate locality, including loss of natural vegetation and significant geological features, disruption of drainage patterns, alterations to water tables and increased bushfire hazard potential, and

(d)  achieving the objectives of any development control plan applying to those areas.

(3)  Despite clause 14, the Council shall not consent to any development, other than drainage, landscaping, gardening or bush fire hazard reduction, on the land, being part of lot 1, DP 568911, known as 233 Edinburgh Road, Castlecrag, and shown cross-hatched on sheet 6 of the map.

18 Height

A person shall not erect a building of:

(a)  more than 2 storeys within Zone 2 (a) or 2 (a2), or

(b)  more than one storey within Zone 2 (a) bounded by Christie Street, Northcote Street, an unnamed lane, Ross Street, Ross Lane and Henry Lane, St Leonards, unless the Council is satisfied that the building is consistent with the scale and character of other buildings in the surrounding area, or

(c)  greater height in the Innisfallen Castle Estate than the reduced levels specified for each individual lot on sheets 13A and 13B of the map.

19 Innisfallen Castle Estate

Before consenting to the erection of a building, the carrying out of a work or the use of land within the Innisfallen Castle Estate, the Council shall consider:

(a)  the provisions of a deed dated 24 October 1966, made between the Authority of the first part, the Council of the second part and Headland Development Pty Ltd of the third part, a copy of which is deposited in the office of the Council, and

(b)  the building envelopes shown on sheets 13A and 13B of the map.

20 Home industry

A person shall not use a building for the purpose of a home industry unless the floor space of that part of the building utilised for the home industry is less than 30 square metres and the building is erected within the curtilage of the dwelling-house occupied by the person carrying on the industry.

20A Community facilities

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on Lot A1 in DP 324490 known as 13 Eastern Valley Way, Northbridge, for the purpose of a community facility.

cl 20A: Ins 13.2.1998.

21 Boarding houses

In respect of a boarding house within Zone 2 (a), the number of persons to be accommodated, including resident manager, shall not exceed one person per 100 square metres of site area.

21A Development for certain additional purposes—59 Warrane Road, Willoughby

(1)  This clause applies to certain land within Zone 2 (a), being Lot 9, DP 5823, known as 59 Warrane Road, Willoughby, as shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 8)”.

(2)  In this clause:

recreation area means:

(a)  a children’s playground, or

(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)  an educational establishment, or

(d)  a landscaped area for passive enjoyment,

but does not include a racecourse or showground.

recreation facility associated with an educational establishment means a building used for indoor recreation associated with an educational establishment, including a squash court, swimming pool, gymnasium, indoor sporting facility, or any other building of a like character used for recreation, but does not include a recreation area.

(3)  Nothing in this plan prevents a person with the consent of the Council from carrying out development for the purpose of a recreation facility associated with an educational establishment, or both, on land to which this clause applies.

cl 21A: Ins 2.5.1997.

21B Development for certain additional purposes—11 Herbert Street, St Leonards

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on part Lot 8 in DP 879307, located at 11 Herbert Street, St Leonards, for the purpose of a recreation facility or a restaurant, or both.

cl 21B: Ins 3.12.1999.

Division 3 Medium and high density residential areas—Zones 2 (b), 2 (c), 2 (d)—Special provisions

22 Minimum allotment size

(1)  Except as otherwise indicated in clause 25, a person shall not erect a residential flat building on any allotment having frontage to a State or Regional road as listed in Schedule 1A where the allotment:

(a)  is within Zone 2 (b) and has an area of less than 850 square metres or a width of less than 27 metres at the front alignment of the building, or

(b)  is within Zone 2 (c) or 2 (d) and has an area of less than 1,100 square metres a width of less than 27 metres at the front alignment of the building.

(2)  For the purpose of this clause, the area of an access corridor, being an axe-handle the purpose of which is to provide vehicular, pedestrian or services access to the main body of the lot, shall be excluded when determining the area of a hatchet-shaped allotment.

cl 22: Am 13.2.1998.

23 Floor space ratios

(1)  The Council shall not consent to the erection or use of a residential flat building if the floor space ratio exceeds:

(a)  0.7:1 within Zone 2 (b), or

(b)  0.9:1 within Zone 2 (c) (except within locality “K”), or

(b1)  0.7:1 within Zone 2 (c) (Locality “K”), or

(c)  1:1 within Zone 2 (d) (Locality “F”), or

(d)  1.3:1 within Zone 2 (d) (Locality “H”), or

(e)  1.5:1 within Zone 2 (d) (Locality “A”, “C”, “D”, “G” or “J”), or

(f)  1.7:1 within Zone 2 (d) (Locality “I”), or

(g)  2:1 within Zone 2 (d) (Locality “E”), or

(h)  3.3:1 within Zone 2 (d) (Locality “B”), or

(i)  3:1 within Zone 2 (d) (Locality “L”). However, the Council may consent to development within Locality “L” that results in a floor space ratio not exceeding 4:1 if the former sub-station brick building is retained for adaptation.

(1A)    (Repealed)

(2)  The localities are shown on the high density residential floor space map.

(3)  State Environmental Planning Policy No 1—Development Standards does not apply to the floor space ratio requirement specified in subclause (1) (i) (which relates to land within Locality “L”).

cl 23: Am 2.5.1997; 3.12.1999.

23A Floor space ratio—553–561 Mowbray Road, West Chatswood

(1)  This clause applies to certain land within Zone 2 (b), being Lots 7–9, DP 7220 and Lots 1 and 2, DP 606283, known as Nos 553–561 Mowbray Road, West Chatswood, as shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 2)”.

(2)  Despite clause 23, the Council shall not consent to the erection or use of a residential flat building on the land to which this clause applies if the floor space ratio exceeds 0.6:1.

cl 23A: Ins 26.4.1996.

24 Height

(1)  The Council shall not consent to the erection or use of a residential flat building if the height exceeds:

(a)  2 storeys within Zone 2 (b), or

(b)  3 storeys within Zone 2 (c) (except within Locality “K”), or

(b1)  if the building is on land within Zone 2 (c) (Locality “K”), the number of storeys shown for the land on Sheet 2 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 10)”, or

(c)  8 storeys within zone 2 (d) (Locality “F” or “J”), or

(d)  9 storeys within Zone 2 (d) (Locality “A”, “C” or “D”), or

(e)  12 storeys within Zone 2 (d) (Locality “E” or “G”), or

(f)  RL 78 A.H.D. within Zone 2 (d) (Locality “H”), or

(g)  RL 138 A.H.D. within Zone 2 (d) (Locality “I”), or

(h)  10 storeys within Zone 2 (d) (Locality “B”), or

(i)  RL 105 A.H.D. within Zone 2 (d) (Locality “L”), except for the area occupied by the former sub-station brick building where the height shall not exceed RL 98 A.H.D. However, the Council may consent to development within Locality “L” on land other than that occupied by the former sub-station brick building so long as:

(i)  the development does not exceed RL 130 A.H.D on land north of the former sub-station brick building,

(ii)  the development does not exceed RL 140 A.H.D. on land south of the former substation brick building,

(iii)  the former sub-station brick building is retained for adaptation, and

(iv)  no part of the child care centre or associated outdoor play spaces situated within the Royal North Shore Hospital will, as a result of the development, have significantly greater overshadowing (when measured at the mid-winter solstice between 8 am and 10 am) than the overshadowing during the last such period before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 21).

(1A)    (Repealed)

(2)  The localities are shown on the high density residential floor space map.

(3)  The Council shall not consent to the erection or use of a residential flat building within Zone 2 (d) (Locality “J”) if its height exceeds 6 storeys above the highest point of natural ground level above which it is situated.

For the purpose of this subclause and subclause (1), the space within an attic is not to be counted as a storey when calculating the number of storeys in a residential flat building within Zone 2 (d) (Locality “J”):

(a)  in the case of an existing building, if the floor area of the attic does not exceed 60% of the floor area of the level of the building immediately below (including any part of that level below occupied by lift towers or plant rooms) and the attic does not alter the pitch or profile of the roof of the building, except by the inclusion of dormer or similar windows, or

(b)  in the case of a proposed building, if the floor area of the attic will not exceed 60% of the floor area of the level of the building immediately below (including any part of that level below that will be occupied by lift towers or plant rooms) and the attic will not result in the pitch or profile of the roof of the building being inconsistent with the roofs of surrounding buildings (disregarding any dormer or similar windows for the purpose of the comparison).

In this subclause, attic means any habitable roof space in a residential flat building.

(5)  For the purpose of determining the number of storeys in a residential flat building on land within Zone 2 (c) (Locality “K”), storey means the space between two successive floors or the space between any floor and natural ground levels, or the space between any floor and its ceiling or roof above. This does not include an attic or a floor or level of the building used exclusively for foundation areas, car parking, storage, laundry facilities, workshops or the like or any combination of these uses, where the ceiling of that floor or level is less than 1 metre above natural ground level at any point. A storey which exceeds 4 metres in height is counted as two storeys.

cl 24: Am 2.5.1997; 3.12.1999.

24A 176–194 Victoria Avenue, Chatswood

(1)  This clause applies to land within Zone 2 (c) known as 176–194 Victoria Avenue, Chatswood, being Lots 1 and 2 DP 781658, Lots 21 and 22 DP 493, Lots 15, 16, 17, 18 and 20 DP 2300 and Lot 19 DP 1535, and bounded by Victoria Avenue, Jacques Street, Albert Avenue and Septimus Street.

(2)  The Council shall not consent to development for the purpose of a residential flat building within 76 metres of the frontage of Albert Avenue if any part of the building exceeds a building height plane projected at any point from the Albert Avenue, Septimus Street or Jacques Street boundary of the site.

(3)  This clause does not affect any restriction imposed on the height of buildings by clause 24.

cl 24A: Ins 6.3.1998.

25 West Artarmon Development Precinct

(1)  The Council shall not consent to development for the purposes of residential flat buildings within Locality “I”, shown on sheet 1 of the map which sheet is titled “West Artarmon Development Precinct”, unless:

(a)  a bridge suitable for vehicular traffic is provided over the Freeway linking Broughton Road with the land within Zone 2 (d), and

(b)  landscaping is provided around the perimeter of the development area to the satisfaction of the RTA, and

(c)  all existing services, including water, electricity and gas, that are affected by the works referred to in paragraphs (a) and (b) are relocated to the satisfaction of the appropriate authorities.

(2)  The Council may consent to the erection of residential flat buildings in Locality “I” only if:

(a)  the Council is satisfied that all car parking requirements relating to the use of the site can be accommodated on the site, and

(b)  the allotment is not less than 10,000 square metres in area.

25A Density controls—Mowbray Road West, Lane Cove West

The Council shall not consent to development for the purpose of a residential flat building on an allotment of land within lot 1 in DP 864492 known as 710 Mowbray Road West, Lane Cove West, as shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 10)”, unless the site area of the allotment is not greater than the area calculated by multiplying the number of dwellings in the building by 180 square metres.

cl 25A: Ins 2.5.1997.

25B Willoughby Local Housing to be provided in Willoughby Local Housing Precincts

(1) Willoughby Local Housing Principles For the purposes of this clause, the Willoughby Local Housing Principles are as follows:

(a)  Willoughby Local Housing is to be provided and managed in the City of Willoughby so that accommodation for a diverse residential population representative of all income groups is available within the City.

(b)  Willoughby Local Housing is to be rented to residents of the City of Willoughby who are from special needs housing groups and whose gross household incomes fall within the following ranges of percentages of the median household income for the time being for the Sydney Statistical Division according to the Australian Bureau of Statistics:

Very low income household	less than 50%
Low income household	50 or more but less than 80%
Moderate income household	80–120%

and at rents that do not exceed a benchmark of 30% of their actual household income.

(c)  Dwellings provided for Willoughby Local Housing are to be managed so as to maintain their continued use for Willoughby Local Housing.

(d)  Rental from Willoughby Local Housing received by or on behalf of the Council, after deduction of normal landlord’s expenses (including management and maintenance costs and all rates and taxes payable in connection with the dwellings), should be used for the purpose of improving or replacing Willoughby Local Housing or for providing additional Willoughby Local Housing within the City of Willoughby.

(e)  Willoughby Local Housing is to consist of dwellings constructed to a standard which, in the opinion of the Council, is consistent with other dwellings within the City of Willoughby, especially in terms of internal fittings and finishes, solar access and privacy.

(2) Principles to be considered Before granting consent to any proposed development of land within a Willoughby Local Housing Precinct, the consent authority is to take into consideration the following:

(a)  the Willoughby Local Housing Principles,

(b)  the affordable housing principles set out in Schedule 2 to State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes),

(c)  the need for development to provide housing that meets the requirements of special needs housing groups,

(d)  the impact of the proposed development on existing housing within the City of Willoughby for special needs housing groups,

(e)  the impact of the proposed development on the existing mix and likely future mix of residential housing stock within the City of Willoughby.

(3) Affordable housing condition to be considered Before granting consent to the carrying out of residential development within a Willoughby Local Housing Precinct, the consent authority must consider whether an affordable housing condition should be imposed on the consent.

(4)  The following are affordable housing conditions:

(a)  A condition requiring the payment of a monetary contribution to the consent authority by the applicant to be used for the purpose of providing Willoughby Local Housing in accordance with the Willoughby Local Housing Program that is the value, calculated in accordance with subclause (5), of 4% of the accountable total floor space to which the development application relates.

(b)  If 4% of that accountable total floor space provides a sufficient amount of gross floor area, a condition requiring:

(i)  the dedication in favour of the consent authority, free of cost, of land of the applicant comprised of one or more complete dwellings with a gross floor area of not more than the amount equivalent to that percentage, each dwelling having a gross floor area of not less than 50 square metres, and

(ii)  if the total amount of gross floor area of the complete dwelling or dwellings is less than the amount equivalent to that percentage, the payment of a monetary contribution to the consent authority by the applicant that is the value, calculated in accordance with subclause (5), of the gross floor area equivalent to the difference between those amounts,

to be used for the purpose of providing Willoughby Local Housing in accordance with the Willoughby Local Housing Program.

(5) Calculation of contribution of money for affordable housing The amount of the contribution required to be paid by a condition described in subclause (4) is the value of the gross floor area concerned calculated by reference to the market value of dwellings of a similar size to those proposed by the development application. That market value is taken to be the most current median sales price of such dwellings for the Willoughby local government area as documented in the Rent and Sales Report NSW published by the Department of Housing or, if another document has been approved for that purpose by the Director-General, that document.

(6) Dedication or contribution for affordable housing purposes This clause authorises the imposition of an affordable housing condition when the consent authority grants consent to the carrying out of development (other than subdivision) on land in a Willoughby Local Housing Precinct, subject to section 94F (3) (c) and (4) of the Act and subclauses (7)–(10).

(7)  However, the consent authority is not authorised to impose an affordable housing condition unless at least one of the circumstances described in section 94F (1) (a)–(d) of the Act exists.

(8)  This clause and any condition imposed under it are subject to section 94G of the Act.

(9) Development to which this clause does not apply This clause does not apply to the following development:

(a)  development for the purpose of public housing,

(b)  development for the purpose of community housing.

(10) Affordable housing conditions after initial development An affordable housing condition is not authorised to be imposed with respect to an amount of accountable total floor space if the consent authority is satisfied that a condition of consent has previously been imposed pursuant to this clause with respect to the same or an equivalent amount of accountable total floor space.

(11) Definitions In this clause:

accountable total floor space means the gross floor area to which a development application relates excluding any floor space bonus.

floor space bonus means:

in relation to Willoughby Local Housing Precinct 1—any additional amount of floor space that results from consent being granted to development that results in a floor space ratio exceeding 3:1 pursuant to clause 23 (1) (i).

residential development means use of land for any form of housing, including that leased on a short term basis, but does not include the use of land for a hotel, serviced apartment or motel.

cl 25B: Ins 3.12.1999. Subst 31.5.2002.

25C Density controls—Fry Street, Chatswood

(1)  The Council must not consent to the erection of a building with a height greater than one storey on land shown coloured light scarlet and lettered “2 (a)” on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 30)”.

(2)  The Council must not consent to development for the purpose of single storey residential flat buildings on land shown edged heavy black on the map marked “Willoughby Local Environmental Plan (Amendment No 30)”, unless the site area is at least 3,500 square metres.

cl 25C: Ins 7.12.2001.

26 Boarding houses—Zones 2 (b), 2 (c), 2 (d)

In respect of a boarding house within Zone 2 (b), 2 (c) or 2 (d), the number of persons to be accommodated, including resident manager, shall not exceed one person per 100 square metres of site area.

26A Mixed residential/commercial use: 311–313 Victoria Avenue, Chatswood

(1)  This clause applies to certain land within zone 2 (c), being Lots A and B in DP 385527, known as Nos 311–313 Victoria Avenue, Chatswood.

(2)  Despite clause 14 the Council may consent to the carrying out of development for the purposes of shops, business premises or restaurants on the land to which this clause applies.

(3)  The Council may grant consent to an application for development on land to which this clause applies only if:

(a)  the floor space ratio does not exceed 1.7:1, and

(b)  the development allowed by subclause (2) occurs only at street level.

cl 26A: Ins 16.8.1996.

26B Development for certain additional purposes

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development for the purpose of:

(a)  carparking, on lots C and D, DP 3266, known as Nos 33–35 Devonshire Street, Chatswood, and

(b)  a general store not exceeding 30 square metres in area, on Lot 1, DP 864492, known as part of 710 Mowbray Road West, Chatswood West, and

(c)  private hospital administration, on land known as 4 and 6 Hotham Street, Chatswood, but only if:

(i)  that use of the land is limited to the dwelling-houses existing when Willoughby Local Environmental Plan 1995 (Amendment No 26) commenced, and

(ii)  there is no change or minimal change (in the opinion of the Council) to the external envelope of those dwelling-houses, and

(iii)  that use of the land involves only the following:

(A)  medical records administration,

(B)  staff training,

(C)  staff meetings,

(D)  storage of medical or other hospital supplies,

(E)  telephone and secretarial activities,

(F)  accounting and payroll services,

(G)  the provision of staff amenities, and

(e)  car parking on land known as 7 Eastern Valley Way, Northbridge, being Lot 7 DP 200098, and

(f)  shops or offices at ground level fronting Sailors Bay Road not exceeding 100m² in gross floor area on Lots 1 to 7 DP 305048, known as 42 to 54 Sailors Bay Road Northbridge, and

(g)  motor showroom with a floor space ratio of not more than 0.5:1 on Part Lot 3 DP 979165, Lot 1 DP 603259 and Lot 13 DP 836682 known, respectively, as 551, 555 and 557 Pacific Highway, Artarmon, and

(h)  single storey residential flat buildings, commonly known as villa houses, on land shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 30)” and known as Local Housing Precinct 3, and

(i)  a place of public worship on Lot 1, DP 1046059 and known as 260 Penshurst Street, Willoughby.

cl 26B: Ins 25.7.1997. Subst 10.12.1999. Am 4.8.2000; 25.8.2000; 23.2.2001; 7.12.2001; 3.9.2004.

26C Restriction on development on certain rezoned land

Despite any other provision of this plan, a dwelling-house may only be erected on land zoned 2 (c) and shown edged heavy black on Sheet 1 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 37)” with development consent.

cl 26C: Ins 25.8.2000.

26D Special controls for Willoughby Paddocks site, Mowbray Place, Willoughby

(1)  This clause applies to land identified on Sheet 4 of the map marked “Willoughby Local Environmental Plan (Amendment No 51)”.

(2)  The Council must not grant consent to the development of the land to which this clause applies unless the Council has had regard to the provisions of a master plan that applies to the land and that complies with this clause.

(3)  Despite clauses 23 (1) (a) and 24 (1) (a), the Council may consent to development that does not comply with the requirements of those clauses in relation to land zoned 2 (b) by Willoughby Local Environmental Plan 1995 (Amendment No 51) if the Council has had regard to a master plan that makes provision for floor space ratio or height and that complies with this clause.

(4)  A master plan complies with this clause if:

(a)  a draft of the master plan was publicly exhibited for at least 28 days, and

(b)  any submissions made by the public as a result of that exhibition were considered before the draft was finalised.

(5)  A master plan complies with this clause if it contains or deals with all of the following:

(a)  urban design principles to apply to the development in relation to the form, character and siting of buildings, landscaping, building heights, views, privacy, solar access and security, and other design elements, with an explanation of how they relate to an analysis of the site and its context,

(b)  proposals for the distribution of the major land uses, including public and private access, design elements and open space,

(c)  proposals relating to the mitigation of environmental impacts, including noise attenuation, flood mitigation, water and soil management, remediation of contaminated land, solar access, energy efficiency, environmental sustainability and protection of significant flora and fauna habitat,

(d)  proposals for access, embracing public transport, pedestrian, cycle and road access and circulation networks, as well as local traffic and parking management,

(e)  proposals for the enhancement of, and integration with, the existing and proposed public domain,

(f)  proposed patterns of site amalgamation and subdivision,

(g)  proposals for creek restoration, site landscaping and bushland management,

(h)  concept plans showing the indicative layout, form and scale of proposed housing,

(i)  any other matter required in writing by the Council.

(6)  A master plan may be amended, revoked or replaced by a subsequent master plan that complies with this clause.

(7)  The Council must not grant consent to development for the purposes of a dwelling on land zoned 2 (b) by Willoughby Local Environmental Plan 1995 (Amendment No 51) if, as a result of the development, the number of dwellings on that land would exceed 80.

cl 26D: Ins 9.7.2004.

Division 4 Dual occupancy—Special provisions

27 Permitted in Zones 2 (a), 2 (a2), 2 (b)

(1)  Except as provided by subclause (2), a person may, with the consent of the Council, within Zone 2 (a), 2 (a2) or 2 (b):

(a)  make internal alterations to a dwelling-house erected on an allotment, which will involve minimal or no change to the external envelope of the dwelling-house, so as to create 2 dwellings, or

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

(c)  erect a building containing 2 dwellings on an allotment, or

(d)  erect 2 detached dwelling-houses on an allotment, or

(e)  erect a second dwelling-house in addition to and detached from one already erected on an allotment,

but only if not more than 2 dwellings will occupy the allotment.

(2)  The Council shall not consent to dual occupancy development described in subclause (1) (b), (c), (d) or (e) on land shown on the land excluded from dual occupancy provisions map, which is:

(a)  in Zone 2 (a2), or

(b)  in any area shown in yellow, or

(c)  in any area shown in green, or

(d)  on land which is adjoining land to that shown in green.

cl 27: Am 19.5.2000.

28 Minimum allotment size

The Council shall not consent to a dual occupancy unless the area of the allotment on which the 2 dwellings will be situated is not less than:

(a)  600 square metres in the case of 2 attached dwellings resulting from development described in clause 27 (1) (a), or

(b)  700 square metres in the case of 2 attached dwellings resulting from development described in clause 27 (1) (b) or (c), or

(c)  900 square metres in the case of 2 detached dwellings resulting from development described in clause 27 (1) (d) or (e).

29 Floor space ratio

(1)  Except as provided by subclause (2), the Council shall not consent to a dual occupancy unless the floor space ratio is 0.4:1 or less.

(2)  Provided that the dwelling-house was built before the appointed day, the Council may consent to alteration of a dwelling-house to create 2 dwellings where the floor space ratio of the dwelling-house as altered will exceed 0.4:1, but only if the floor space ratio does not exceed that of the dwelling-house before the alteration.

30 Height

(1)  The height of a detached dwelling-house in a dual occupancy shall not exceed 3.6 metres in the case of:

(a)  a second dwelling-house on an allotment where there is an existing dwelling-house, or

(b)  the dwelling-house furthest from the street frontage in the case of the erection of two dwelling-houses on a vacant allotment, or

(c)  the dwelling-house furthest from the junction of the two streets in regard to a corner allotment,

and shall not exceed 2 storeys in all other cases.

(2)  The height of an attached dwelling-house in a dual occupancy shall not exceed 2 storeys.

31 Car parking

The Council shall not consent to a dual occupancy unless it is satisfied that at least:

(a)  1 car parking space for each dwelling will be provided if the gross floor area of the dwelling will be less than 125 square metres or if the development is for the purpose of public housing, and

(b)  2 car parking spaces for each dwelling will be provided if the gross floor area of the dwelling will be 125 square metres or more.

32 Performance standards

The Council shall not consent to a dual occupancy unless it is satisfied that:

(a)  adequate provision is made in respect of:

(i)  the privacy of each dwelling to comprise the dual occupancy, and any dwelling on adjoining land, including its curtilage, and

(ii)  access to natural light for each of those dwellings, including its curtilage, and

(iii)  the supply to each proposed dwelling of utilities, including water, and the disposal of sewage and stormwater from each proposed dwelling, and

(iv)  landscaping and landscaped areas, including soft landscaped areas and private open space for each proposed dwelling, and

(b)  the proposed dwellings will not have an adverse effect on the protection:

(i)  of rare or endangered flora and fauna species or of habitats for native flora and fauna, or

(ii)  of wildlife corridors and vegetation links with other nearby bushland, or

(iii)  of bushland as a natural stabiliser of the soil surface or of existing landforms, such as rock outcrops, natural drainage lines, watercourses and foreshores, or

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

(c)  an adequate assessment has been made of the relationship of the development to the scale and character of the streetscape, including the siting and design of any car parking facility.

33 Subdivision

(1)  Despite any other provision of this plan, the Council may, except as provided by subclauses (2) and (8), consent to a subdivision which creates separate titles for each dwelling comprising a dual occupancy but only if a period of 5 years has elapsed since the last date on which an occupation certificate was issued in respect of those dwellings.

(2)  The subdivision (whether or not by a strata plan or under the Community Land Development Act 1989) of a dual occupancy resulting from development described in clause 27 (1) (a) is prohibited if the subdivision would create separate land titles for each dwelling comprising the dual occupancy.

(3)  This clause does not allow an allotment of land created by such a subdivision or a building erected on such an allotment to be further subdivided, but only subclause (2) prohibits a subdivision of land on which a dual occupancy is situated if it is allowed by another provision of this plan.

(4)  The floor space ratio of each dwelling to the allotment created by such a subdivision shall not exceed 0.4:1. For the purpose of calculating the floor space ratio, so much of the site area as consists of any access handle or common property created by the subdivision shall be proportionately shared between the allotments according to the respective sizes of:

(a)  the main body of the battle-axe lot and the front lot in the case of a battle-axe subdivision, or

(b)  the dwellings in the case of a strata subdivision.

(5)  For the purpose of enabling dual occupancy development (including the subdivision of land on which a dual occupancy is situated) to be carried out in accordance with this plan:

(a)  clauses 53 (1) and (2), 54 (1) and 61 (1), (2) and (3) of the Local Government (Approvals) Regulation 1993, and

(b)  section 37 of the Strata Titles Act 1973 and section 66 of the Strata Titles (Leasehold) Act 1986,

do not apply to that development to the extent necessary to serve that purpose.

(6)  Before this clause was made, the Governor approved of subclause (5) pursuant to section 28 of the Act on the recommendation of the Minister, made with the concurrence in writing of:

(a)  the Minister for Local Government in so far as that subclause relates to the Local Government (Approvals) Regulation 1993, and

(b)  the Minister responsible for administration of the sections referred to in subclause (5) (b), in so far as that subclause relates to those sections.

(7)  In assessing the subdivision of a dual occupancy, the Council must consider whether:

(a)  adequate provision is made for:

(i)  arrangements for the removal and disposal of waste from each dwelling, and

(ii)  the supply of water to and the disposal of sewage and stormwater from each dwelling, and

(iii)  the privacy of the occupants of each dwelling in the proposed dual occupancy and in any adjacent development, and

(iv)  access to natural light for each dwelling in the proposed dual occupancy and in any adjacent development, and

(b)  there is a demonstrated need for and, if so, whether adequate arrangements have been made for:

(i)  access for the purposes of maintaining services and buildings, and

(ii)  off-street car parking.

(8)  Despite subclause (1), the Council may consent to the subdivision of a dual occupancy before the period of 5 years has elapsed since the date of issue of the occupation certificate concerned if:

(a)  the application for consent for the subdivision of the dual occupancy was made but not finally determined before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 27), or

(b)  the application for consent for the dual occupancy development was made but not finally determined before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 27), or

(c)  the consent for the dual occupancy development was granted before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 27).

(9)  When determining an application allowed to be made by subclause 8 (a) or (b), the Council must consider:

(a)  any environmental planning instrument in force in respect of the land concerned at the date of the lodgement of the application, and

(b)  the aims and objectives of this plan.

cl 33: Am 10.3.2000.

34 Development of subdivided lot

(1)  The Council may consent to development (other than subdivision) for the purposes of a dwelling or dwelling-house on an allotment created by a subdivision for which consent was granted in accordance with clause 33 (1).

(2)  Clauses 29, 30, 31, 32 and 33 (4) continue to apply to development for the purpose of either or both of the dwellings which comprised a dual occupancy before it was subdivided in accordance with clause 33 as if that subdivision had not been carried out. In assessing any such development, the Council must also consider whether the requirements set out in clause 33 (7) (a) and (b) will be met.

Part 3 Business centres

Division 1 General zoning controls

35 Business centres

The following business zones for minor business centres apply as identified on the map:

Zone 3 (a) (General Business Zone)—coloured light blue

Zone 3 (b) (Special Business Zone)—coloured light blue with red edging and lettered “3 (b)”

Zone 3 (c3) (Chatswood Secondary Business Zone)—coloured light blue with red edging and lettered “3 (c3)”

Zone 3 (d) (Neighbourhood Business Zone)—coloured medium blue

Zone 3 (e) (Restricted Office Zone)—coloured light blue with red edging and lettered “3 (e)”

Zone 3 (e2) (Business Zone)—coloured light blue with red edging and lettered “3 (e2)”

Development control table

Explanatory note—

In this Plan:

complying development means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Development Control Plan No 25 —Exempt and Complying Development.

Business centres within Zones 3 (a), 3 (b), 3 (c3), 3 (d), 3 (e), and 3 (e2)

General Objectives

(a)  To enable a diverse range and suitable mix of varying scale and intensity of residential flat buildings, commercial offices, business services, retail shopping and personal services that are appropriate to individual locations, and

(b)  To allow for a range of different types of commercial centres that also service the everyday needs of the local population.

cl 35: Am 13.2.1998. Subst 28.7.2000.

cl 35, table: Am 29.6.2000. Subst 28.7.2000.

35A Zone 3 (a)—General Business Zone

(1) Specific Objectives

(a)  To allow development of dwellings, offices, shops and other business premises, and other uses, which are compatible with the surrounding residential zones,

(b)  To maintain existing, and to encourage the establishment of new, recreational, leisure, civic and community facilities in appropriate locations, and

(c)  To provide for the erection of a building on land known as 207 Pacific Highway, St Leonards, being Lot 1 in DP 811372, with provision of a transitional building height ranging from 15.5 metres at the west of the site, adjacent to Reserve Road and the Gore Hill Oval to 38.5 metres at the east of the site, adjacent to Herbert Street and to ensure that vehicular access to that site is not provided from the Pacific Highway.

(2) Development within the zone

(a)  Within the 3 (a) General Business Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 3 (a) General Business Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

advertisements

bed and breakfasts

boarding houses

brothels

bulky good salesroom and showroom

business premises

carparking stations

child care centres

clubs

community facilities

convenience stores

drainage

dwellings, or residential flat buildings, attached to other permitted buildings or used in conjunction with other permitted uses

educational establishments

home occupations

hotels

office premises

places of assembly

places of public worship

public buildings

recreational areas

recreation facilities

restaurants

roads

serviced apartments

shops including food shops

showrooms

taverns

utility installations

veterinary hospitals

(c)  Within the 3 (a) General Business Zone, any other development is prohibited.

cl 35A: Ins 28.7.2000. Am 22.2.2002; 31.10.2003.

35B Zone 3 (b)—Special Business Zone

(1) Specific Objectives

(a)  To allow development for the purposes of dwellings, office and business activities (other than shops) including automotive services, and

(b)  To accommodate showrooms, provided that the access needs of the showrooms and the traffic generated do not interfere with the safety and efficiency of the road network, and

(c)  To maintain existing, and to encourage the establishment of new, recreational, leisure, civic and community facilities in appropriate locations.

(2) Development Within the Zone

(a)  Within the 3 (b) Special Business Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 3 (b) Special Business Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

advertisements

business premises

community facilities

convenience stores

drainage

drive-in take-away food shops

dwellings, or residential flat buildings, only if attached to other permitted buildings or used in conjunction with other permitted uses

motels

motor showrooms

office premises

public buildings

recreation areas

recreation facilities

roads

sale, repair and servicing of motor vehicles and/or watercraft and their fittings, parts and accessories, except for panel beating and spray painting

service stations

showrooms

utility installations

(c)  Within the 3 (b) Special Business Zone, any other development is prohibited.

cll 35B–35F: Ins 28.7.2000. Am 22.2.2002.

35C Zone 3 (c3)—Chatswood Secondary Business Zone

(1) Specific Objectives

(a)  To encourage the development of dwellings and a secondary small-scale mixed office and shopping zone, and

(b)  To provide a scaling down of intensity of activity on the periphery of the Chatswood Town Centre thus minimising the visual and other adverse impacts of business development on the amenity of adjacent residential areas, and

(c)  To maintain existing, and to encourage the establishment of new, recreational, leisure, civic and community facilities in appropriate locations.

(2) Development Within the Zone

(a)  Within the 3 (c3) Chatswood Secondary Business Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 3 (c3) Chatswood Secondary Business Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

advertisements

business premises

clubs

community facilities

drainage

dwellings, or residential flat buildings, attached to other permitted buildings or used in conjunction with other permitted uses

motels

office premises

places of assembly

public buildings

recreation facilities

roads

shops

utility installations

(c)  Within the 3 (c3) Chatswood Secondary Business Zone, any other development is prohibited.

cll 35B–35F: Ins 28.7.2000. Am 22.2.2002.

35D Zone 3 (d)—Neighbourhood Business Zone

(1) Specific Objectives

(a)  To provide local shopping and business and personal services for the immediate residential area as well as allow some residential development within the zone, and

(b)  To maintain existing, and to encourage the establishment of new, recreational, leisure, civic and community facilities in appropriate locations.

(2) Development Within the Zone

(a)  Within the 3 (d) Neighbourhood Business Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 3 (d) Neighbourhood Business Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

advertisements

bakeries

banks

building societies

community facilities

drainage

dressmaking and tailoring

drycleaning agencies

dwellings, or residential flat buildings, only if attached to other permitted buildings or used in conjunction with other permitted uses

electrical appliance and fittings repairs

hairdressing and beauty salons

photographic and photocopying services

professional chambers

recreation facilities

restaurants

roads

shoe repairs

shops 100 square metres or less in area

Totalisator Agency Board premises

utility installations

video hire shop

(c)  Within the 3 (d) Neighbourhood Business Zone, any other development is prohibited.

cll 35B–35F: Ins 28.7.2000. Am 22.2.2002.

35E Zone 3 (e)—Restricted Office Zone

(1) Specific Objectives

(a)  To accommodate residential development and small-scale office premises and, in selected locations, only those shops that cater for the needs of local office employees, and

(b)  To maintain existing, and to encourage the establishment of new, recreational, leisure, civic and community facilities in appropriate locations.

(2) Development Within the Zone

(a)  Within the 3 (e) Restricted Office Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 3 (e) Restricted Office Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purposes of:

advertisements

bakeries

chemist shops

community facilities

delicatessens

drainage

dwellings, or residential flat buildings, attached to other permitted buildings or used in conjunction with other permitted uses

florists

fruit and vegetable shops

grocery and health food shops

hairdressing and beauty salons

newsagencies, including books and stationery

office premises

photographic and photocopying services

recreation facilities

roads

take-away food shops including milk bars, hot food bars and sandwich shops, but excluding drive-in take-away food shops

utility installations

(c)  Within the 3 (e) Restricted Office Zone, any other development is prohibited.

cll 35B–35F: Ins 28.7.2000. Am 22.2.2002.

35F Zone 3 (e2)—Business Zone

(1) Specific Objectives

(a)  To allow for the development of office premises and residential flat buildings in a manner that is compatible with the requirements of the regional road network, and

(b)  To allow business premises and showroom uses only insofar as access needs and traffic generation do not interfere with the safety and efficiency of the road network, and

(c)  To maintain existing, and to encourage the establishment of new, recreational, leisure, civic and community facilities in appropriate locations.

(2) Development Within the Zone

(a)  Within the 3 (e2) Business Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 3 (e2) Business Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

advertisements

business premises

community facilities

drainage

dwellings, or residential flat buildings, attached to other permitted buildings or used in conjunction with other permitted uses

office premises

public buildings

recreation facilities

roads

showrooms

utility installations

(c)  Within the 3 (e2) Business Zone, any other development is prohibited.

cll 35B–35F: Ins 28.7.2000. Am 22.2.2002.

Division 2 Business centres within Zones 3 (a), 3 (b), 3 (c3), 3 (d), 3 (e) and 3 (e2)—Special provisions

36 Floor space ratios

(1)  Except as provided by subclause (3), the Council shall not consent to the erection or use of a building if the floor space ratio will exceed:

(a)  0.6:1 within Zone 3 (a) on land which is bounded by Hampden Road, Jersey Road, Hampden Lane and Lane No W140, West Artarmon, or

(b)  1:1 within Zone 3 (a) on land which is bounded by Northcote Street, Evans Lane and Railway land, St Leonards or if so much of the floor space ratio as is due to floor space used for shops will exceed 0.2:1, or

(c)  1.5:1 within Zone 3 (a) on land which is bounded by Christie Street, Evans Lane and Henry Lane, St Leonards or if so much of the floor space ratio as is due to floor space used for shops will exceed 0.2:1, or

(d)  1:1 elsewhere within Zone 3 (a), or

(e)  1:1 within Zone 3 (b), or

(f)  1.5:1 within Zone 3 (c3), or

(g)  0.6:1 within Zone 3 (d), or

(h)  1:1 within Zone 3 (e), or

(i)  1:1 within Zone 3 (e2).

(2)  The Council shall not consent to the erection or use of a building on land in Zone 3 (a), being Lots 1 and 2, a resubdivision of Portions 378 and 379 and Lot 7 in DP 11971 on the corner of Hampden and Jersey Roads, Artarmon, unless:

(a)  the floor space ratio will be less than 1.4:1, and

(b)  so much of the floor space ratio as is due to floor space used for shops will be less than 0.2:1.

(3)  Subject to clause 37, the Council may consent to development for the purpose of dwellings, or residential flat buildings, attached to other permitted buildings or used in conjunction with other permitted uses within Zone 3 (a), 3 (b), 3 (c3), 3 (d), 3 (e) or 3 (e2) regardless of the gross floor area of the development.

(4)  The Council shall not consent to the erection of a building on land within Zone 3 (e) bounded by the Pacific Highway, the Gore Hill Freeway and Broughton Road, unless the floor space ratio will be less than 1.7:1.

(5)  The Council shall not consent to the erection or use of a building on land known as 207 Pacific Highway, St Leonards, being Lot 1 in DP 811372 unless:

(a)  the floor space ratio will be less than 3:1, and

(b)  so much of the floor space ratio as is due to floor space used for residential flat buildings will be less than 1.5:1 (despite subclause (3)).

For the purpose of calculating floor space ratio under this subclause, land dedicated for road widening purposes is to be included in the site area.

(6)  The Council shall not consent to the erection or use of a building on land comprised of Lots 2, 3 and 5 DP 879307 known as 201–205 Pacific Highway St Leonards, being land bounded by Herbert Street, Pacific Highway, Sergeants Lane and Chandos Street unless:

(a)  the floor space ratio will be less than 4:1, except where some of the land is used to provide a public precinct, a community or recreation area, public road widening and a public pedestrian overpass or underpass, in which case the floor space ratio will be less than 5.5:1, and

(b)  so much of the floor space ratio as is due to floor space used for shops will be less than 0.4:1, and

(c)  the usable floor area of each shop, being the remainder of the gross floor area of the shop after excluding so much of that gross floor area as is occupied by corridors, foyers, amenities, kitchens and tea rooms (in each case, that are permanent features of the building) and by the walls of the building, will not exceed 150 square metres, except where the shop:

(i)  is a supermarket, general mixed goods store, fruit and vegetable market or the like, and

(ii)  services the shopping needs of the resident working and commuter population of the area in which it is erected, and

(iii)  has a usable floor area not exceeding 800 square metres.

cl 36: Am 13.2.1998; 29.6.2000; 22.2.2002.

37 Height—Zones 3 (a), 3 (b), 3 (c3), 3 (d), 3 (e), 3 (e2)

(1)  The Council shall not consent to the erection of a building within Zone 3 (b) where the height exceeds 18 metres, within Zone 3 (a), 3 (d), 3 (e) or 3 (e2) where the height exceeds 9 metres or within Zone 3 (c3) where the height exceeds 17 metres, except:

(a)  on land within Zone 3 (a) and bounded by Christie Street, Evans Lane and Henry Lane, St Leonards, where the height must not exceed 12 metres, or

(b)  on land within Zone 3 (a) and being lots 1 and 2, a resubdivision of Portions 378 and 379 and lot 7 in DP 11971 on the corner of Hampden and Jersey Roads, Artarmon, where the height must not exceed 14 metres, or

(c)  on land within Zone 3 (e) and bounded by Christie Street, Henry Lane, Ryan Lane and Chandos Street, St Leonards, where the height must not exceed 18 metres, or

(d)  on land within Zone 3 (b) and being part Lot 1 DP 657142 and part Lots A and B DP 399630, known as Nos 932, 934 and 934A Pacific Highway, Roseville, where the height must not exceed 12 metres, or

(e)  on land within Zone 3 (b) and being part Lot 1 DP 846943, known as Nos 923–985 Pacific Highway, Chatswood, where the height must not exceed 9 metres, or

(f)  on land referred to in subclause (2), as long as the Council is satisfied as to the matters set out in the subclause.

(2)  The Council shall not consent to the erection of any building on land within Zone 3 (a) and being Lot 1 in DP 811372 known as 207 Pacific Highway, St Leonards unless the Council is satisfied that the height transition is appropriate and the development is generally in accordance with Sheet 3 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 31)”.

(3)  The Council shall not consent to the erection of any building on land within Zone 3 (a) and being Lots 2, 3 and 5, DP 879307 known as 201–205 Pacific Highway St Leonards, being land bounded by Herbert Street, Pacific Highway, Sergeants Lane and Chandos Street unless the Council is satisfied that the height is in accordance with Sheet 3 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 42)”.

cl 37: Am 3.7.1998; 29.6.2000. Subst 28.7.2000. Am 18.8.2000; 22.2.2002.

38 Other business uses—Zone 3 (e)

If so much of the gross floor area within the building as will be used for a purpose identified by paragraphs (a) and (b) is less than 100 square metres, the Council may consent to the erection or use of a building within Zone 3 (e) for the purpose of:

(a)  a shop listed in clause 35E (2) (b), but only if the shop caters only to the convenience needs of local businesses and their employees, on land in Chandos Street between Willoughby Road and Northcote Street and in Willoughby Road between Ross Lane and Chandos Street, or

(b)  business premises and a showroom on land in Willoughby Road between Ross Lane and Chandos Street, but only if the access needs and traffic generation of the use do not interfere with the safety and efficiency of the road network.

cl 38: Am 22.2.2002.

39 Development for certain additional purposes

(1)  Nothing in this plan prevents a person with the consent of the Council from carrying out development for the purpose of:

(a)  a landscape gardener’s depot and nursery, at the premises known as 132–134 Penshurst Street, Willoughby, being Lots 4 and 5 of Section 4 in DP 1671,

(b)  a showroom, and for the display or sale (or both) of office equipment and supplies, at the premises known as 355–357 Pacific Highway, Artarmon.

(c)  a car repair station at the premises known as 2A Chandos Street St Leonards, being Lot 11 in DP 1003022.

(2)  The Council shall not consent to the redevelopment of the premises known as 2A Chandos Street St Leonards, being Lot 11 in DP 1003022, unless a public accessway a minimum of 3 metres wide is provided through the site linking Chandos St to the Talus St Reserve.

cl 39: Am 21.8.1998; 22.2.2002.

40 Convenience store—Zones 3 (a), 3 (b)

The Council shall not consent to a convenience store within Zone 3 (a) or 3 (b) if the gross floor area to be used for retail selling (not being an area allocated for the sale of petrol, oil, petroleum products or automotive products) exceeds 240 square metres.

41 West Artarmon development precinct—Zones 3 (e), 6 (b)

(1)  This clause applies to the land within Zone 3 (e) or 6 (b) and shown on sheets 1 and 2 of the map titled “West Artarmon Development Precinct”.

(2)  In this clause:

floor space generation area means the land shown edged heavy black on sheet 2 of the map.

development area means the land shown shaded on sheet 2 of the map.

(3)  With the consent of the Council, development for the purpose of residential flat buildings or office premises may be carried out on land to which this clause applies, but only within the development area.

(4)  In calculating the floor space ratio for buildings on land to which this clause applies, the Council is to treat the site area as being equal to the floor space generation area.

(5)  Subclause (4) ceases to apply when, after the commencement of this plan, the erection of a building for which consent has been granted in accordance with this clause has, in the opinion of the Council, substantially commenced.

(6)  A person shall not carry out development on land to which this clause applies for the purpose of residential flat buildings or office premises unless:

(a)  the floor space generation area within Zone 6 (b) has been dedicated to the Council, and

(b)  a slip lane is provided from the Pacific Highway to Broughton Road, and

(c)  all existing services, including water, electricity and gas, that are or will be affected by the work referred to in paragraph (b) are relocated to the satisfaction of the appropriate public authorities and Sydney Water, and

(d)  arrangements for the provision of all car parking requirements relating to the use of the site have been made in a manner satisfactory to the Council.

Part 4 Industrial areas

Division 1 General zoning controls

42 Industrial areas

The following industrial zones apply as identified on the map:

Zone 4 (a) (General Industrial Zone)—coloured purple

Zone 4 (b) (Light Industrial Zone)—coloured purple with red edging and lettered “4 (b)”

Development control table

Explanatory note—

In this Plan:

complying development means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Development Control Plan No 25—Exempt and Complying Development.

Industrial areas

General Objectives

(a)  To accommodate industrial development which produces a range of goods and services and provides employment, without adversely affecting the amenity, health or safety of nearby residents in adjacent areas, and

(b)  To enable industrial development which does not pollute or adversely affect adjoining land or water, and

(c)  To allow only those shops and services which serve the daily convenience needs of the workforce of the industrial areas.

cl 42: Subst 28.7.2000.

cl 42, table: Am 10.3.2000. Subst 28.7.2000.

42A Zone 4 (a)—General Industrial Zone

(1) Specific Objective To accommodate a range of industrial development, other than extractive industries, offensive, hazardous or toxic industries or storage establishments.

(2) Development Within the Zone

(a)  Within the 4 (a) General Industrial Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 4 (a) General Industrial Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

advertisements

banks

brothels

bulky goods salesrooms or show rooms to which the provisions of Clause 44 apply

carparking station

car repair stations

child care centres

community facilities

council depots

drainage

dwellings used in conjunction with and attached to a building used for a permitted industry or warehouse

hotels

industry including light industry

motor showrooms

newsagencies

pharmacies or chemist shops

places of public worship

recreation areas

recreation facilities

repair centres

roads

service stations

take-away food shops including milk bars, hot food bars and sandwich shops, but excluding drive-in take-away food shops

utility installations

warehouse

waste recycling and management centre

(c)  Within the 4 (a) General Industrial Zone, all other development is prohibited.

cll 42A: Ins 28.7.2000.

42B Zone 4 (b)—Light Industrial Zone

(1) Specific Objective To accommodate a variety of light industrial uses.

(2) Development Within the Zone

(a)  Within the 4 (b) Light Industrial Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 4 (b) Light Industrial Zone, the following development may only be carried out with development consent:

Demolition

Development for the purpose of:

advertisements

banks

brothels

bulky goods salesrooms or showrooms to which the provisions of Clause 44 apply

carparking

car repair stations

child care centres

community facilities

drainage

dwellings used in conjunction with and attached to a building used for a permitted light industry or warehouse

light industry

motor showrooms

newsagencies

pharmacies or chemist shops

places of public worship

recreation areas

recreation facilities

roads

service stations

take-away food shops including milk bars, hot food bars and sandwich shops, but excluding drive-in take-away food shops

utility installations

veterinary hospitals

warehouses

(c)  Within the 4 (b) Light Industrial Zone, any other development is prohibited.

cll 42B: Ins 28.7.2000.

Division 2 Industrial areas—Special provisions

43 Floor space ratios

(1)  The Council shall not consent to the erection of a building on land within Zone 4 (a) or 4 (b) if the floor space ratio will exceed 1:1.

(1A)  Despite subclause (1), the Council may consent to the erection of a building on land within Zone 4 (b) known as the East Chatswood Industrial Area that will result in a floor space ratio that exceeds 1:1 if:

(a)  the site is over 1,000 square metres in area, and

(b)  the floor space ratio will not exceed 1.5:1.

(2)  The Council shall not consent to the erection or use of a building on land within Zone 4 (a) or 4 (b) (other than land within Zone 4 (b) known as the East Chatswood Industrial Area) for the purpose of an office or showroom unless:

(a)  the office or showroom use is ancillary to the industrial use, and

(b)  not more than 20% of the net floor area of all buildings on the site will be used for an office or showroom.

(2A)  The Council shall not consent to the erection or use of a building on land within Zone 4 (b) known as the East Chatswood Industrial Area for the purpose of an office or showroom unless:

(a)  the office or showroom use is ancillary to the industrial use, and

(b)  not more than 30% of the net floor area of all buildings on the site will be used for an office or showroom.

(3)  In calculating the floor space ratio for so much of Lots 26, 29, 30, 31, 32 and 33, DP 4088, as is known as 10–20 Hotham Parade, Artarmon, and within Zone 4 (a), the site area includes any land dedicated for a public road.

cl 43: Am 10.3.2000.

44 Bulky goods

(1)  The Council may consent to development for the purpose of the sale of bulky goods from a building or site in or on which goods are stored, manufactured, displayed or processed only within:

(a)  Zone 4 (a), on land bounded by Herbert, Cleg and Frederick Streets and Reserve Road, Artarmon, or

(b)  Zone 4 (b), on land in East Chatswood, except where there is direct frontage to any residential area (other than land along Eastern Valley Way).

(2)  The Council shall not consent to development referred to in subclause (1) unless it is satisfied that:

(a)  suitable land is not available for the proposed development in any nearby business centre, and

(b)  the proposed development will not detrimentally affect the range of services offered by existing shops located in any nearby business centre, and

(c)  such consent would not, by reason of the number of retail outlets which exist or are proposed within Zone 4 (a) or 4 (b), change the predominantly industrial nature of development or detrimentally affect existing or future industrial development within the relevant zone.

cl 44: Am 10.3.2000. Subst 28.7.2000.

45 Repair and service of motor vehicles, watercraft or caravans—Zone 4 (b)

The Council shall not consent to the use of premises in Zone 4 (b) where the site has direct frontage to or adjoins, any residential area, other than land along Eastern Valley Way, for a car repair station at which body building, panel beating or spray painting are carried out.

cl 45: Subst 28.7.2000.

46 Development for certain additional purposes

Nothing in this plan prevents a person with the consent of the Council from carrying out development on:

(a)  Lots 1 and 2, DP 744175, Herbert Street, Artarmon—any purpose permitted on the adjoining parcel of land within Zone 5 (b), subject to:

(i)  the land being used in conjunction with the adjoining parcel of land, and

(ii)  the floor space ratio for any building on the land not exceeding 1.5:1, or

(b)  Lots 2 and 3, DP 629704, Pacific Highway, Artarmon for any purpose permitted in Zone 4 (b)—motor body building, panel beating and spray painting, or

(c)  Lot A, DP 401243, Gibbes Street (corner Victoria Avenue), Chatswood, for the purpose of panel beating and spray painting.

cl 46: Am 10.3.2000.

Part 5 Special uses

Division 1 General zoning controls

47 Special uses

The following special use zones apply as identified on the map:

Zone 5 (a) (Special Uses “A” Zone)—coloured yellow with red lettering indicating the nominated purpose

Zone 5 (b) (Special Uses “B” (Railways) Zone)—coloured blue purple

Zone 5 (c) (Special Uses “C” (Proposed County Road Reservation) Zone)—red and white band between a firm black line and a broken black line

Zone 5 (d) (Special Uses “D” (Proposed Road Reservation) Zone)—coloured grey between a firm black line and a broken black line

Development control table

Explanatory note—

In this Plan:

complying development means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Development Control Plan No 25—Exempt and Complying Development. There is no development within zones 5 (c) Special Uses Proposed County Road Reservation Zone or 5 (d) Special Uses Proposed Road Reservation Zone that constitute “complying” development.

cl 47: Subst 28.7.2000.

cl 47, table: Am 10.3.2000. Subst 28.7.2000.

47A Zone 5 (a)—Special Uses “A” Zone

(1) Specific Objective To identify land to be used for particular public or community purposes.

(2) Development Within the Zone

(a)  Within the 5 (a) Special Uses Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 5 (a) Special Uses Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

the particular land use indicated by red lettering on the map

commercial operation of school facilities and sites

community facilities

community use of schools and recreation facilities

drainage

roads

recreation areas

recreation facilities

utility installations

(c)  Within the 5 (a) Special Uses Zone, any other development is prohibited.

cll 47A–47D: Ins 28.7.2000.

47B Zone 5 (b)—Special Uses “B” (Railways) Zone

(1) Specific Objective To provide for railway purposes.

(2) Development Within the Zone

(a)  Within the 5 (b) Special Uses “B” (Railways) Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 5 (b) Special Uses Railways Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

drainage

railways and associated purposes

roads

(c)  Within the 5 (b) Special Uses Railway Zone, any other development is prohibited.

cll 47A–47D: Ins 28.7.2000.

47C Zone 5 (c)—Special Uses “C” (Proposed County Road Reservation) Zone

(1) Specific Objective To identify land which is or may be used for county road purposes.

(2) Development Within the Zone

(a)  Within the 5 (c) Special Uses Proposed County Road Reservation Zone, development for the following purposes may be carried out without development consent:

development for the purpose of county roads.

(b)  Within the 5 (c) Special Uses Proposed County Road Reservation Zone, the following development, may only be carried out with development consent:

Demolition

Development permitted in accordance with clause 50

(c)  Within the 5 (c) Special Uses Proposed County Road Reservation Zone, any other development is prohibited.

cll 47A–47D: Ins 28.7.2000.

47D Zone 5 (d)—Special Uses “D” (Proposed Road Reservation) Zone

(1) Specific Objective To identify land which may be acquired by the Council for local roads.

(2) Development Within the Zone

(a)  Within the 5 (d) Special Uses Proposed Road Reservation Zone, the following development may be carried out without development consent:

development for the purpose of local roads.

(b)  Within the 5 (d) Special Uses Proposed Road Reservation Zone, the following development, may only be carried out with development consent:

Demolition

Development permitted in accordance with clause 51

(c)  Within the 5 (d) Special Uses Proposed Road Reservation Zone, any other development is prohibited.

cll 47A–47D: Ins 28.7.2000.

Division 2 Special uses within Zones 5 (a), 5 (b), 5 (c) and 5 (d)—Special provisions

48 Television station—Zone 5 (a)

(1)  This clause applies to land within Zone 5 (a), generally bounded by Artarmon Road, Scott Street and Richmond Avenue, Artarmon, and lettered “Television Station” in red on the map.

(2)  Development may be carried out for the purposes of helipads, but only with the consent of the Council.

(3)  The Council shall not consent to the erection or use of a building if the floor space ratio will exceed 0.5:1.

(4)  The Council may grant consent to development which will involve a requirement for vehicular access to the land only if it is satisfied that vehicular access to the land from Richmond Avenue will be restricted to:

(a)  outside broadcast vehicles, and

(b)  articulated vehicles, and

(c)  such other vehicles as the Council approves,

and that the gates providing that access, when not in use for the purposes of these vehicles, will remain locked.

49 Floor space ratio—Zone 5 (b)

The Council shall not consent to the erection of a building within Zone 5 (b), on land bounded by the Ella Street railway bridge to the south and the Gore Hill Freeway to the north, if the floor space ratio will exceed 0.5:1.

49A Acquisition and development of land—Zone 5 (a)

(1)  The owner of lot 1 DP 82460 known as No 32 Devonshire Street, Chatswood, may, by notice in writing, require the Council to acquire the land.

(2)  On receipt of such a notice, the Council must acquire the land.

(3)  A person may, with the consent of the Council, carry out development of lot 1 DP 82460 known as No 32 Devonshire Street, Chatswood:

(a)  for a purpose for which development may be carried out on land in an adjoining zone, or

(b)  for any purpose which is compatible with development which may be carried out in an adjoining zone, or

(c)  for any purpose of a temporary nature,

if the Council is satisfied that the development will not adversely affect the usefulness of the land for the purposes for which it is zoned.

(4)  The Council shall not consent to the carrying out of development of Lot 1 DP 82460 known as No 32 Devonshire Street, Chatswood, unless it has considered:

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

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

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

cl 49A: Ins 25.7.1997.

50 Acquisition and development of land—Zone 5 (c)

(1)  In this clause, vacant land means land on which, immediately before the day on which a notice for acquisition is given, there were no buildings except fences or buildings ancillary to a dwelling-house, such as green houses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, barns, or the like.

(2)  The owner of any vacant land within Zone 5 (c) may, by notice in writing, require:

(a)  the RTA—in the case of land that is included in a 5-year works program of the RTA current at the time of receipt of the notice, or

(b)  the corporation—in any other case,

to acquire the land.

(3)  The owner of any land within Zone 5 (c) that is not vacant, may, by notice in writing, require the RTA to acquire the land if:

(a)  the land is included in a 5-year works program of the RTA current at the time of receipt of the notice, or

(b)  the RTA has decided not to give concurrence under subclause (5) to an application for consent to the carrying out of development of the land, or

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

(4)  On receipt of such a notice, the RTA or the corporation must acquire the land unless the land might reasonably be required to be dedicated for public roads.

(5)  A person may, with the consent of the Council, and in the case of:

(a)  vacant land, with the concurrence of the RTA and the corporation, or

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

carry out development on land within Zone 5 (c):

(c)  for a purpose for which development may be carried out on land in an adjoining zone, or

(d)  for any purpose which is compatible with development which may be carried out on land in an adjoining zone, or

(e)  for any purpose of a temporary nature.

(6)  In deciding whether to grant concurrence to such proposed development, the RTA and the corporation must consider:

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

(b)  the imminence of acquisition, and

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

(7)  Land so acquired may be developed with the consent of the Council:

(a)  for a purpose for which development may be carried out on land in an adjoining zone, or

(b)  for any purpose which is compatible with development which may be carried out on land in an adjoining zone, or

(c)  for any purpose of a temporary nature,

until such time as it is required for the purpose for which it was acquired.

51 Acquisition and development of land—Zone 5 (d)

(1)  The owner of any land within Zone 5 (d) may, by notice in writing, require the Council to acquire the land.

(2)  On receipt of such a notice, the Council must acquire the land.

(3)  A person may, with the consent of the Council, carry out development on land within Zone 5 (d):

(a)  for a purpose for which development may be carried out on land in an adjoining zone, or

(b)  for any purpose which is compatible with development which may be carried out on land in an adjoining zone, or

(c)  for any purpose of a temporary nature,

if the Council is satisfied that the development will not adversely affect the usefulness of the land for the purposes for which it has been zoned.

52 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 shown in Department of Lands Plan C997 730R, known as the Sexton’s Cottage, Gore Hill Cemetery for the purpose of an art gallery, arts and crafts facilities, commercial premises, community facilities, dwelling-houses, educational establishments, museums, parking or professional chambers.

(2)  Nothing in this plan prevents the Council from carrying out development with development consent on land being lots 1 and 2 DP 901089, lot 1 DP 168809 and lot 2 DP 168808 and lot 1 DP 917728 known as 42 Albert Avenue and 48–54 Archer Street, Chatswood for the purposes of a recreation area or recreation facility.

(3)  Nothing in this plan prevents the Council from carrying out development with development consent on land shown as being within zone 5 (a) on Sheet 1 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 6)” and known as Nos 24–40 Devonshire Street and the eastern part of Parkside Lane, Chatswood, for the purposes of a child care centre.

(4)  Nothing in this plan prevents the Council from carrying out development with development consent on land shown edged heavy black on Sheet 3 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 6)” and known as Nos 64–68 Albert Avenue, No 21 Victor Street and a portion of No 7 Victor Street, Chatswood, for the purposes of a recreation area.

(5)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the first floor level of a building on land at 59–61 Penshurst Street, Willoughby, being lots 1 and 2 DP 12612, for the purpose of business premises or office premises providing that the gross floor area of the site, used for any purpose, does not exceed 537 square metres.

(6)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on part of Lot 1 DP 745216 known as 565 Pacific Highway, Artarmon, as shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 57)”, for the purpose of a motor showroom (being an extension of the motor showroom referred to in clause 26B (g)), provided that the development has a floor space ratio of not more than 0.5:1.

cl 52: Am 25.7.1997; 31.10.2003; 17.12.2004.

Part 6 Open space

Division 1 General zoning controls

53 Open space

The following open space zones apply as identified on the map:

6 (a) Open Space “A” (Existing Recreation) Zone—coloured dark green

6 (b) Open Space “B” (Proposed Recreation Reservation) Zone—coloured light green

6 (c) Open Space “C” (Regional Open Space Reservation) Zone—coloured light green with red edging and lettered “R”

6 (d) Open Space “D” (Private Recreation) Zone—coloured dark green with yellow edging

6 (e) Open Space “E” (National Park) Zone—uncoloured with dark green edging.

Development control table

Explanatory note—

In this Plan:

complying development means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Development Control Plan No 25—Exempt and Complying Development. There is no development within zones 6 (b) Open Space “B” (Proposed Recreation Reservation), 6 (c) Open Space “C” (Regional Open Space Reservation) and 6 (e) Open Space “E” (National Park) that constitutes “complying” development.

General Objectives

(a)  To make land available for public recreation purposes, and

(b)  To provide open space and a range of recreation facilities to meet the needs of the population, and

(c)  To retain and protect environmentally sensitive and visually significant natural areas, including foreshores and remnant bushlands, and

(d)  To improve public access to foreshore areas.

cl 53 and table: Subst 28.7.2000.

53A Zone 6 (a)—Open Space “A” (Existing Recreation) Zone

(1) Specific Objective To enable the use of public land for public recreational purposes and to retain existing open space, including bushland.

(2) Development Within the Zone

(a)  Within the 6 (a) Open Space “A” (Existing Recreation) Zone, the following development may be carried out without development consent:

exempt development

works involved in, or ancillary to, landscaping, gardening or bushfire hazard reduction

(b)  Within the 6 (a) Open Space “A” (Existing Recreation) Zone, following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

buildings ancillary to landscaping, gardening, or bushfire hazard reduction

car parking ancillary to the principal recreational use

drainage

recreation areas

recreation facilities

roads

utility installations

(c)  Within the 6 (a) Open Space “A” (Existing Recreation) Zone, any other development is prohibited.

cll 53A–53E: Ins 28.7.2000.

53B Zone 6 (b)—Open Space “B” (Proposed Recreation Reservation) Zone

(1) Specific Objective To identify land which is proposed to be used for public recreational purposes and which may be acquired by the Council.

(2) Development Within the Zone

(a)  Within the 6 (b) Open Space “B” (Proposed Recreation Reservation) Zone, the following development may be carried out without development consent:

works involved in, or ancillary to, landscaping, gardening or bushfire hazard reduction

(b)  Within the 6 (b) Open Space “B” (Proposed Recreation Reservation) Zone following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

buildings ancillary to landscaping, gardening or bushfire hazard reduction

car parking ancillary to the principal recreational use

development in accordance with clause 54

drainage

recreation areas

recreation facilities

roads

utility installations

(c)  Within the 6 (b) Open Space “B” (Proposed Recreation Reservation) Zone, any other development is prohibited.

cll 53A–53E: Ins 28.7.2000.

53C Zone 6 (c)—Open Space “C” (Regional Open Space Reservation) Zone

(1) Specific Objective To identify land to be acquired for regional open space.

(2) Development Within the Zone

(a)  Within the 6 (c) Open Space “C” (Regional Open Space Reservation) Zone, the following development may be carried out without development consent:

exempt development other than balconies, decks and terraces

(b)  Within the 6 (c) Open Space “C” (Regional Open Space Reservation) Zone, the following development may only be carried out with development consent:

Demolition

Development for the purpose of:

buildings involved in, or ancillary to landscaping, gardening or bushfire hazard reduction

drainage

recreation areas

roads

utility installations

(c)  Within the 6 (c) Open Space “C” (Regional Open Space Reservation) Zone, any other development is prohibited.

cll 53A–53E: Ins 28.7.2000.

53D Zone 6 (d)—Open Space “D” (Private Recreation) Zone

(1) Specific Objective To identify private land which is used for recreational purposes that are compatible with the surrounding residential zones.

(2) Development Within the Zone

(a)  Within the 6 (d) Open Space “D” (Private Recreation) Zone, the following development may be carried out without development consent:

exempt development

(b)  Within the 6 (d) Open Space “D” (Private Recreation) Zone, the following development, may only be carried out with development consent:

Demolition

Development for the purpose of:

drainage

golf courses, bowling greens and tennis courts

recreation areas

recreation facilities

roads

utility installations

(c)  Within the 6 (d) Open Space “D” (Private Recreation) Zone, any other development is prohibited.

cll 53A–53E: Ins 28.7.2000.

53E Zone 6 (e)—Open Space “E” (National Park) Zone

(1) Specific Objectives

(a)  To conserve areas of natural, ecological, scenic, educational, scientific, cultural or historical importance, and

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

(2) Development Within the Zone

(a)  Within the 6 (e) Open Space “E” (National Park) Zone, the following development may be carried out without development consent:

works involved in, or ancillary to, landscaping, gardening or bushfire hazard reduction

(b)  Within the 6 (e) Open Space “E” (National Park) Zone, the following development, may only be carried out with development consent:

Demolition

any land use authorised by or under the National Parks and Wildlife Act 1974 and which is consistent with the Specific Objectives of the zone

(c)  Within the 6 (e) Open Space “E” (National Park) Zone, any other development is prohibited.

cll 53A–53E: Ins 28.7.2000.

Division 2 Open space—Special provisions

54 Acquisition and development of land

(1)  The owner of any land within Zone 6 (b) may, by notice in writing, require the Council to acquire the land.

(2)  The owner of any land within Zone 6 (c) may, by notice in writing, require the corporation to acquire the land.

(3)  On receipt of such a notice, the Council or the corporation must acquire the land.

(4)  A person may, with the consent of the Council, carry out development on land within Zone 6 (b):

(a)  for a purpose for which development may be carried out on land in an adjoining zone, or

(b)  for any purpose which is compatible with development which may be carried out on land in an adjoining zone, or

(c)  for any purpose of a temporary nature,

if the Council is satisfied that the development will not adversely affect the usefulness of the land for the purposes for which it has been zoned.

(5)  The Council shall not consent to the carrying out of development on land within Zone 6 (a), 6 (b) or 6 (c) unless it has considered:

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

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

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

(6)  Despite the objectives set out in and uses permitted by clause 53, a person shall not carry out works within Zone 6 (a), 6 (b), 6 (c) or 6 (d), other than works considered by the Council to be of a minor nature, where the works will result in a change to the natural ground level, except with the consent of the Council.

54A Classification and reclassification of public land

(1)  The public land described in Part 1 or 2 of Schedule 8 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Part 1 of Schedule 8:

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

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

(3)  Land described in Columns 1 and 2 of Part 2 of Schedule 8, 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:

(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 8, and

(b)  any reservations that except land out of a Crown grant relating to the land, and

(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

(4)  In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 8, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(5)  The public land described in Part 3 of Schedule 8 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(6)  Before the relevant amending plan inserted a description of land into Part 2 of Schedule 8, the Governor approved of subclause (3) applying to the land.

cl 54A: Ins 9.7.2004.

55 Development for certain additional purposes

Nothing in this plan prevents a person with the consent of the Council from carrying out development for the purpose of:

(a)  a child care centre and community facility on land known as Jersey Road Reserve and White Street Road Reserve, Artarmon, and on lots 7, 8 and 9 of Section 0 in DP 4101, or

(b)  carparking in conjunction with use of adjoining land zoned Open Space “D”—Private Recreation on land known as Lot 5, DP 22109 (655 Pacific Highway, Chatswood) and subdivision of that land.

cl 55: Am 13.2.1998.

Part 7 Heritage and conservation—Special provisions

56 Heritage aims and objectives

The aims and objectives of this Part are:

(a)  to conserve the heritage of the built and natural environment to which this plan applies, and

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

(c)  to provide for public involvement in matters relating to the conservation of the City of Willoughby’s heritage, and

(d)  to ensure that new development does not adversely affect the heritage significance of heritage items and conservation areas and their settings, including streetscapes and landscapes and the distinctive character that these impart to the City’s heritage.

57 Heritage items and conservation areas

(1)  This clause does not apply to exempt development.

(2)  A person must obtain development consent to carry out the following development:

(a)  demolishing, altering or damaging a heritage item or a building, work, relic, tree or place within a conservation area, or

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

(c)  erecting a building or subdividing land on which a heritage item is located or which is located in a conservation area, or

(d)  damaging any tree on land which comprises the place or site of a heritage item.

(3)  The Council shall not consent to development described in subclause (2) unless it has considered the extent to which the proposed development would affect the heritage significance of the heritage item or the conservation area.

(4)  In considering applications for consent to erect any building (or to alter or add to an existing building) on land to which this plan applies, the Council shall assess whether:

(a)  the patterns of building and open space, and of front and side setbacks, are consistent with those characteristic of the locality, and

(b)  the pitch and form of the roof and the size, shape and proportion of the openings for windows and doors complement or are consistent with those in the locality, and

(c)  the colour, texture, style, and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the locality, and

(d)  any stylistic, horticultural or archaeological features of the building or its site should be retained.

(5)  In considering applications for consent to development involving a building in a conservation area, the Council shall assess the compatibility of the proposed development with:

(a)  the heritage significance and integrity of the building, and

(b)  the heritage significance of the conservation area, including the character of the streetscape and the scale, setbacks and horticultural features of nearby existing buildings and works in the conservation area.

cl 57: Subst 28.7.2000.

58 Development in the vicinity of heritage items and conservation areas

The Council shall not consent to development in the vicinity of a heritage item or a conservation area unless it has assessed the effect of that development on the heritage significance of the heritage item or conservation area and their settings.

59 Heritage statement and conservation plan

(1)  The Council shall not consent to development on land to which this plan applies which will affect a heritage item, or on land in the vicinity of a heritage item, or of a building, work, relic, site or place within a conservation area, unless it has considered a heritage statement.

(2)  The Council may decline to grant consent to development involving a heritage item until it has considered information (such as a conservation plan) which will help to determine the significance of the item and its setting and the policies for its conservation and use.

(3)  A heritage statement is not required for the purpose of this clause if, in the opinion of Council, the proposed development is of a minor nature.

60 Replacement development

The Council shall not grant consent for the demolition of a building, work, relic, tree or place within a conservation area unless it has considered the future development of the site.

61 Heritage advertisements and notifications

Where a person makes a development application for consent to demolish a building, work or place which is a heritage item or within a conservation area, the Council shall:

(a)  publish the receipt of the application in a local newspaper and send a notice of that application to owners and occupiers (if any) who, in the opinion of the Council, may be affected by the proposed development, and

(b)  in the case of a heritage item, described in Schedule 6, not consent to that application until 28 days after Council has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within that time period.

cl 61: Am 13.2.1998.

62 Heritage conservation incentives

(1)  Nothing in this plan prevents the Council from granting consent to an application for consent to the use, for any purpose, of a building that is a heritage item or the land on which the building is erected if it is satisfied that:

(a)  the proposed use would have little or no adverse effect on the heritage significance of the heritage item and its setting or on the amenity of the neighbouring area, and

(b)  the conservation of the building and its setting will be achieved by the Council granting that consent.

(2)  When considering an application for consent to erect a building on land on which there is situated a building which is a heritage item, the Council may:

(a)  for the purpose of determining the floor space ratio, and

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

exclude from its calculation of the gross floor area of the buildings erected on the land the gross floor area of the heritage item, but only if the Council is satisfied that the conservation of the heritage item and its setting will be achieved by the Council granting the exclusion.

63 Development of known and 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 of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent, and

(c)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)  The Council may grant consent to the carrying out of development on 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 any 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.

Schedule 1 (Repealed)

sch 1: Rep 12.9.1997.

Schedule 1A State or Regional roads

(Clause 22 (1))

State roads

The Pacific Highway
Eastern Valley Way
Sailors Bay Road (from Eastern Valley Way to Strathallen Avenue)
Strathallen Avenue
Penshurst Street (from Boundary Road to Mowbray Road)
Boundary Road (from Pacific Highway to Eastern Valley Way)
Fullers Road (from Pacific Highway to Millwood Avenue)
Millwood Avenue
Willoughby Road (from Mowbray Road to Gore Hill Freeway)

Regional roads

Mowbray Road (from Epping Highway to Alpha Road)
Alpha Road/Flat Rock Drive/Brook Street
Edinburgh Road (from Alpha Road to Eastern Valley Way)
Chandos Street
Willoughby Road (from Gore Hill Freeway to Chandos Street)

sch 1A: Ins 13.2.1998.

schs 2–5: Rep 28.7.2000.

Schedules 2–5 (Repealed)

Schedule 6 Heritage items classified to be of State or Regional significance

(Clauses 5 (1) and 57)

Item	Address
House	2 The Barbette, Castlecrag Lot 197, DP 13306
House	4 The Barbette, Castlecrag Lot 196, DP 13306
House	8 The Barbette, Castlecrag Lot 194A, DP 346940
“Open Air” Theatre	The Barricade, Haven Estate, Castlecrag Castlehaven Reserve Part land in DP 431880
House	3 The Bastion, Castlecrag Lot 294, DP 13306
House	23 The Bastion, Castlecrag Lot 304, DP 13306
Castle and curtilage	“Innisfallen Castle”, 14 Cherry Place, Castle Cove Lot 35, DP 235319
House	15 The Citadel, Castlecrag Part Lot 331, DP 14804
House and curtilage	136 Edinburgh Road, Castlecrag Lot 1, DP 847190
House	140 Edinburgh Road, Castlecrag Lot B, DP 373118
Hospital	150 Edinburgh Road, Castlecrag Lot 1, DP 701559
House	158 Edinburgh Road, Castlecrag Lot 99, DP 11138 subject to drainage easement
House	215 Edinburgh Road, Castlecrag Lot C, DP 362191
House	375 Edinburgh Road, Castlecrag Lot 1, DP 971183
Telford Road paving	Between Fourth Avenue and Eastern Valley Way, Willoughby
House and curtilage	“Windsor Gardens”, 244–264 Mowbray Road, Chatswood, being Lot 100 DP 832570
House and curtilage	“Hilton”, 315 Mowbray Road, Chatswood Lots 1–3, DP 974995 and Lot 1 DP 924466
Cemetery	Gore Hill Memorial Cemetery, 211 Pacific Highway, Gore Hill Lots 101 and 102, DP 791327
House	4 The Parapet, Castlecrag Lot 58, DP 11138
House	8 The Parapet, Castlecrag Lot 56, DP 11138
House	12 The Parapet, Castlecrag Corner Lot 54, DP 11138
House	14 The Parapet, Castlecrag Corner Lot 53, DP 11138
House and curtilage including stables	“Laurel Bank”, 85–87 Penshurst Street, Willoughby Lots 1 and 2, DP 977087
House	12 The Rampart, Castlecrag Lot 158, DP 13141
Incinerator	“Incinerator”, 2 Small Street, Willoughby Lot 2, DP 57586
Walter Burley Griffin Memorial Fountain	Cnr Sortie Port and Edinburgh Road, Castlecrag
Suspension Bridge	Strathallen Avenue over Tunks Park, Willoughby
Stables	Westbourne Street, TAFE College Grounds, Gore Hill (also known as 213 Pacific Highway, Gore Hill), being Lot 10, DP 861267
Bridge	Willoughby Road over Flat Rock Creek

sch 6: Am 31.10.2003.

Schedule 7 Heritage items classified to be of local significance

(Clause 5 (1))

Item	Address
House	11 Adolphus St, Naremburn Lot 1, DP 825034
House	8 Albert Ave, Chatswood Lot B, DP 961772
House	28 Albert Ave, Chatswood Lot 1, DP 918733
House	34 Albert Ave, Chatswood Lot 1, DP 917620
House	38 Alleyne Street, Willoughby Lot A, DP 151779
House	9 Archer St, Chatswood Lot 19, DP 260
House	11 Archer St, Chatswood Lot 100, DP 830992
House	13 Archer St, Chatswood Lot A, DP 346927
House	27 Archer St, Chatswood Lot 3, DP 19111 Spl Cor
Our Lady of Dolours Church	94A Archer Street, Chatswood Lot 1, DP 208427
House	105 Archer St, Chatswood Lot 1, DP 924124
House	107 Archer St, Chatswood Lot A, DP 343785
House	97 Ashley St, Chatswood Lot 300, DP 1029909
House	118 Ashley St, Chatswood Lot 1, DP 117011 and Lot 1, DP 9209163
House	7 The Barbette, Castlecrag Lot 187, DP 14793
House	2 The Bartizan, Castlecrag Lot 389, DP 19826
House	6 The Battlement, Castlecrag Lot 2, DP 621816
Holy Trinity Anglican Church	46 Beaconsfield Road, Chatswood Lot 76, DP 14213
House	17 Beauchamp Avenue, Chatswood Lot 1, DP 203579
House	21 Beauchamp Avenue, Chatswood Lot 5, DP 17573
House	234 Boundary St, Roseville Lot 1, DP 558670
House	37 The Bulwark, Castlecrag Lot 397, DP 19826
House	19 Centennial Ave, Chatswood Lot B, DP 360217
House	60 Centennial Ave, Chatswood Lot A, DP 105454
Converted church	31 Central St, Naremburn Lot 6, DP 470
House	4 Chapman Ave, Chatswood Lot 1, DP 72724
House	1 Clanwilliam Street, Willoughby Pt Lot 36, DP 975233
House	3–5 Clanwilliam Street, Willoughby Lots 1 and 2, DP 560086
Uniting Church and Manse	8–12 Clanwilliam Street, Willoughby Lot 1, DP 197947; Lot 1, DP 197948; Lot 1, DP 197949
House	4 Daisy St, Chatswood Lot 1, DP 935969
House	6 Daisy St, Chatswood Lot 1, DP 936234
House	8 Daisy St, Chatswood Lot 230, DP 2934 Lot 1, DP 726399
House	21 Daisy St, Chatswood Lot 210, DP 2934
Converted Naremburn Public School and Resources Centre	10 Dalleys Rd, Naremburn Pt Lot 1 and Pt Lot 15, DP 270101 250–252 Willoughby Rd, Naremburn Lot 1 and Pt Lot 2, DP 862888
House	64 Dalleys Rd, Naremburn Cor Lot A, DP 361740
House	26 Dawson Street, Naremburn Lot 17, DP 2233
House	8 Devonshire St, Chatswood Lot B, DP 832868
House	9 Edinburgh Rd, Willoughby Cor Lot 58, DP 4151
House	139–143 Edinburgh Road, Castlecrag Lot B DP 388113, Lots 153, 154 and 155, DP 12497
House	144 Edinburgh Rd, Castlecrag Lot 61, DP 11138 and Lot 1, DP 315876
House	156 Edinburgh Road, Castlecrag Lot 1, DP 334163
House	170 Edinburgh Rd, Castlecrag Lot 105, DP 11138
House	173 Edinburgh Road, Castlecrag Lot A, DP 374516
House	183 Edinburgh Rd, Castlecrag Lot 219, DP 12497
Waterfront cottage	217B Edinburgh Rd, Castlecrag Lot 1, DP 803334
Waterfront cottage	227 Edinburgh Rd, Castlecrag Lot 101, DP 575195
Waterfront cottage	233 Edinburgh Rd, Castlecrag Lot 1, DP 433035
Waterfront cottage	297A Edinburgh Rd, Castlecrag Lots B and C, DP 394155
House	5 Findlay Avenue, Roseville Lot 2, DP 703121
House	18 Findlay Ave, Chatswood West Lot 1, DP 328766
House	23 Findlay Ave, Chatswood West Lots 11 and 12, DP 537533
House	36 Findlay Ave, Roseville Lot 1, DP 964503
House	40 Findlay Ave, Chatswood West Lot 12, DP 1030300
House and dairy	17 Fitzsimmons Ave, Lane Cove West Lot 18A, DP 391514
House	34 Forsyth St, Willoughby Lot 1, DP 602895
House	35 Frenchs Road, Willoughby Lot 1, DP 848409
House	3 Fry St, Willoughby Lot A, DP 387142
House	24 Fullers Road, Chatswood Lot A, DP 389697
House	26 Fullers Rd, Chatswood West Lot 1, DP 322339
House	102 Fullers Rd, Chatswood West Lot X, DP 407569
House	128 Fullers Rd, Chatswood West Corner Pt Lot X, DP 418731
House	130 Fullers Rd, Chatswood West Corner Lot 1, DP 101867 and Lot A, DP 406907
House	132 Fullers Rd, Chatswood West Lot A, DP 340417
Glenaeon School	5A Glenroy Avenue, Middle Cove Lot 26, DP 65229
House	29 Greville St, Chatswood Lots 2 & 3, DP 412489
House	12 Harden Ave, Artarmon Lots 2, 3, DP 4951
House	43 Hercules St, Chatswood Lot 2, DP 555991
House	42 High St, Willoughby Lot 1, DP 719224
House	98 High St, “Oakville”, Willoughby Lot B, DP 333217
House	143 High St, “Tyneside”, Willoughby Lot 1, DP 536418
House	171 High St, “Rosewall”, Willoughby Lot 1, DP 217775 Appurt ROW
House	206 High St, Willoughby Lot 2, DP 192006
House	208 High St, “Captains Cottage”, Willoughby Lot 1, DP 192006
House	247 High St, Willoughby Lot 9, DP 660448
House	22 Holland St, Chatswood Lots 13/14, DP 4312
House	15 Johnson St, Chatswood Lot B, DP 335852
House	17 Johnson St, Chatswood Lot A, DP 335852
House	34 Johnson St, Chatswood Lot 1, DP 882767
House	32 Kitchener Rd, Artarmon Corner Lot 1, DP 4101
Shopfront	29 Laurel St, Willoughby Lot 7, DP 1746
Willoughby Fire Station	47–53 Laurel St, Willoughby Lot 2, DP 999243
House	38 Market St, Naremburn Lot 1, DP 170113
House	40 Market St, Naremburn Lot 1, DP 82188
House	62 Market St, Naremburn Lot 14, DP 470
House	29 Marks Street, Naremburn Lot 1, DP 980279
House	76 Marlborough St, Willoughby Lot 35, DP 741
House	4 McBurney St, Naremburn Lot 1, DP 205293
House	6 McBurney St, Naremburn Lot 1, DP 195571
Terrace house	8–10 Moriarty Rd, Chatswood West Lots A and B, DP 106994
House	175 Mowbray Rd, Chatswood Lot 10, DP 709494
St Stephen’s Church	Cnr Mowbray Rd/Sydney St, Willoughby Lot 5, DP 246192
Willoughby Girls High School	Cnr Penshurst St and Mowbray Rd, Willoughby Lots 1 and 2, DP 782204
House	235 Mowbray Rd, Chatswood Lot 401, DP 833865
House	237 Mowbray Road, Chatswood Lot 100, DP 833865
House	245 Mowbray Road, Chatswood Lot 2, DP 311166
House	251 Mowbray Road, Chatswood Lot 1, DP 209041
House	253 Mowbray Road, Chatswood Lot 1, DP 3310
House	267 Mowbray Road, Chatswood Lot 2, DP 304876
House	271 Mowbray Rd, Chatswood Lot 3 and Pt Lot 2, DP 924988
House	277 Mowbray Rd, Chatswood Lot C, DP 14082
House	283 Mowbray Rd, Chatswood Lot B, DP 348762
House	317 Mowbray Road, Chatswood Lot 1, DP 954816
House	321 Mowbray Rd, Chatswood Lot 2, DP 813850
House	333 Mowbray Rd, Chatswood Lot 3, DP 4031
House	13 Neridah St, Chatswood Lot 1, DP 982553
House	15 Neridah St, Chatswood Lot B, DP 417399
House	17 Neridah St, Chatswood Lot A, DP 417399
House	22 Neridah Street, Chatswood Lot 1, DP 508849
House	23 Neridah St, Chatswood Lot 40, DP 2034
House	28 Neridah Street, Chatswood Lot 1, DP 785397
House	34 Neridah St, Chatswood Lot C, DP 330020
House	37 Neridah St, Chatswood Lot 47, DP 2034
Office	4 Oakville Rd, Willoughby Lot 8, DP 2631
House and office	6–8 Oakville Rd, Willoughby Lot 9, DP 2631
Shop	28 Oakville Rd, Willoughby Lot 1, DP 232462
Willoughby Public School	Oakville Rd, Willoughby Lots 1 and 2, DP 782204
House	2 Orchard Rd, Chatswood Lots 1 and 2, DP 85482
Chatswood Public School	Cnr Pacific Highway and Centennial Ave, Chatswood Lot 1, DP 812207 and Lot C, DP 346499
“Great Northern Hotel”	522 Pacific Highway, Chatswood Lot 1, DP 799314
Commercial buildings	923–989 Pacific Highway, Chatswood, Lot 1, DP 846943 and Lot 1, DP 34636
Home	10 The Parapet, Castlecrag Lot 55, DP 11138
House	18 Penkivil St, Willoughby Lot 13, DP 4667
House	20 Penkivil Street, Willoughby Lot 12, Section 3, DP 4667
House	22 Penkivil St, Willoughby Lot 11, DP 4667
House	24 Penkivil St, Willoughby Lot B, DP 384806
House	105 Penshurst St, Willoughby Lot 1, DP 577630
Baby Health Centre	191 Penshurst St, Willoughby Lots 47 and 48, DP 14241
House	232–234 Penshurst St, Willoughby Lots 7 and 8, DP 16622 and parcel Lot 6B, DP 360295
House	238/238A Penshurst St, Willoughby Lot 4, DP 16622
“Hotel Willoughby”	315 Penshurst St, Willoughby Lot 2, DP 105551
Community Centre	10 The Postern, Castlecrag Lot 143, DP 17416
House	6 Pyrl St, Artarmon Lot B, DP 388344
House	2 Quarry Street, Naremburn Lot 1, DP 1012046
House	7 Robinson St, Chatswood Lot 2, DP 203484
House	11 Robinson St, Chatswood Lot B, DP 375593
House	13 Robinson St, Chatswood Lot 1, DP 536737
House	17 Robinson St, Chatswood Lot 1, DP 531332
House	21 Robinson St, Chatswood Lot 7, DP 2300
House	24 Robinson St, Chatswood Lot 2, DP 502991
House	26 Robinson St, Chatswood Lot 1, DP 514424
House	27 Robinson St, Chatswood Lot 1, DP 777949
House	28 Robinson St, Chatswood Lot 1, DP 545971
House	29 Robinson St, Chatswood Lot 1, DP 624381
House	2 Rose St, Chatswood Lots X & Y, DP 406803
Group of shops	288–296 Sailors Bay Rd, Northbridge Lots 1–5, DP 306078
Semi-detached House	16 Salisbury Rd, Willoughby Lot 1, DP 719119
Semi-detached House	18 Salisbury Rd, Willoughby Lot 2, DP 719119
Tresillian Nursing Home	2–6 Second Ave, Willoughby Lot D, DP 314721
House	40 Slade St, Naremburn Lot 1, DP 79295
House	42 Slade St, Naremburn Lot 1, DP 85352
House	40 Stanley St, Chatswood Lot A, DP 371956
House	50 Sydney Street, Chatswood Lot 2, DP 115546; Lot 2, DP 4350 and Lot 1, DP 115546
Group of shops	80/84 Sydney St, Chatswood Lot 8, DP 12798
House	94 Sydney Street, Chatswood Lot 1, DP 87567
House	96 Sydney Street, Chatswood Lot 2, DP 556541
House	98 Sydney Street, Chatswood Lot 1, DP 75125
House	142A/B Sydney St, Chatswood Lot 1, DP 313736 and Lots 1 and 2, SP 23164
House	161 Sydney Street, Chatswood Pt Lot 4, DP 4704 and Pt Lot 1, DP 303583
House	20 Tulip St, Chatswood Lot C, DP 386934
House	31 Victoria Ave, Chatswood Lot 2, DP 550621
House	66 Victoria Ave, Willoughby Lot A, DP 400982
Community Hospital	256 Victoria Ave, Chatswood Pt Lot 1 DP 828606
House	334 West Street, Naremburn Lot B, DP 392438
Chowne Memorial Hall	Willoughby Park, Warrane Rd, Willoughby Lot 7092, DP 93908
Gates at Willoughby Park	Willoughby Park, Warrane Rd, Willoughby Lot 7092, DP 93908
Group of shops and the Wilkes Avenue Plaza	22–26 Wilkes Ave, Artarmon Lots 1 and 2, DP 11092 and Lot 1, DP 33702
House	59 William St, Chatswood Lot 2, DP 215604
St Leonards Church	171 Willoughby Road, Naremburn Lot 1, DP 115889
St Cuthbert’s Anglican Church	205 Willoughby Rd, Naremburn Lots 38, 39 and 40, DP 5751
“Bridgeview Hotel”	576 Willoughby Rd, Willoughby Lot 1, DP 81718 and Lot 12, DP 75352
House	6 Wyvern Avenue, Roseville Lot A, DP 335285

sch 7: Am 24.7.1998; 1.4.1999; 10.12.1999; 20.10.2000; 22.2.2002; 31.10.2003.

Schedule 8 Classification and reclassification of public land

(Clause 54A)

Part 1 Land classified, or reclassified, as operational land—no interests changed

Locality	Description

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Willoughby	Land identified on Sheet 3 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 51)”, being Lots 6 and 7 in DP 21172 and Part Portion 714, Parish of Willoughby, in Folio 826, Volume 1463

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description

sch 8: Ins 9.7.2004.