Wollongong Local Environmental Plan 1990

Part 1 Preliminary

1 Name of plan

This plan may be cited as the Wollongong Local Environmental Plan 1990.

cl 1: Am 9.7.2004.

1A References to City of Wollongong Local Environmental Plan 1990

A reference in any environmental planning instrument to City of Wollongong Local Environmental Plan 1990 is taken to be a reference to Wollongong Local Environmental Plan 1990, whether the instrument was made before or after the commencement of City of Wollongong Local Environmental Plan 1990 (Amendment No 223).

cl 1A: Ins 9.7.2004.

2 Land to which plan applies

(1)  This plan applies to land within the City of Wollongong, as shown on the map, with boundaries as indicated on the map.

(2)  This plan does not apply to the land marked “Deferred” on the map, being land excluded from the operation of this plan pursuant to sections 68 (5) and 70 (4) of the Act, except for the land shown edged heavy black on 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.

City of Wollongong Local Environmental Plan 1990 (Amendment No 123)

City of Wollongong Local Environmental Plan 1990 (Amendment No 219)

cl 2: Am 27.9.1996; 24.10.2003.

3 Relationship to other environmental planning instruments

(1)  This plan repeals:

(a)  Wollongong Local Environmental Plan No 38 (but to the extent only to which, immediately before the appointed day, that plan applied to the land to which this plan applies),

(b)  the Illawarra Planning Scheme Ordinance (but to the extent only to which, immediately before the appointed day, that Ordinance applied to the land to which this plan applies, and

(c)  such other local environmental plans and deemed environmental planning instruments as, immediately before the appointed day, applied to the land to which this plan applies (but to the extent only to which those plans and instruments so applied to the land to which this plan applies).

(2)  Clauses 14, 15, 33, 37, 59, 81, 102, 106–110, 125–129 and 131 of Illawarra Regional Environmental Plan No 1 do not apply to the land to which this plan applies and clause 139 (2) of that plan does not apply to a structure or part of a structure to which this plan applies.

(2A)  In addition to subclause (2), clauses 82, 85 and 88 of Illawarra Regional Environmental Plan No 1 do not apply to Lot 6002, DP 869342 and Lot 5, DP 867936, between O’Briens and Cordeaux Roads, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 214)”.

(3)  Clause 6 (e) of State Environmental Planning Policy No 4—Development Without Consent does not apply to so much of the land to which this plan applies as is within Zone No 1, 7 (a), 7 (b) and 7 (d).

(4)  Clause 6 (1) of State Environmental Planning Policy No 22—Shops and Commercial Premises does not apply to so much of the land to which this plan applies as is within Zone No 3 (d).

cl 3: Am 15.7.1994; 22.8.2003.

4 Aims

The aim of this plan is to provide a framework for land use management in the City of Wollongong to achieve the following objectives:

(a)  to encourage the proper management, development and conservation of natural and man-made resources (including agricultural land, natural areas, forest, minerals, water and the built environment) for the purpose of promoting the social and economic welfare of the community and a better environment,

(b)  to protect the environment from degradation and despoliation by protecting environmentally sensitive areas from development and minimising adverse impacts of urban development on both the built and natural environment,

(c)  to protect and improve the quality of life and the social well-being and amenity of local residents,

(d)  to encourage economic diversification and growth of the business and industrial base to increase employment,

(e)  to conserve the environmental heritage of the land to which this plan applies,

(f)  to enable the classification and reclassification of land, owned or controlled by the Council, under the Local Government Act 1993.

cl 4: Am 11.2.1994.

5 Strategy

The strategy whereby this plan aims to achieve the aims referred to in clause 4 is:

(a)  to control development generally in relation to the various zones depicted on the map,

(b)  to control particular types of development, and development in particular zones, by means of the development and performance standards contained in this plan,

(c)  to enable development which would otherwise be prohibited to take place in exceptional circumstances and require rezoning by introducing an advertised development consent category,

(d)  to consolidate as many State and regional policies, codes and requirements as possible into this plan, and

(e)  to reduce the number of zones and definitions and at the same time to reduce the need for consent for minor development.

6 Definitions

(1)  In this plan:

advertisement means a sign, notice, device or representation in the nature of an advertisement, for promotional purposes or for conveying information, instructions, directions of the like, whether or not the sign, notice, device or representation involves the erection of a structure or the carrying out of a work, but does not include a business sign, a real estate sign or a road traffic signal or sign.

agriculture means broad acre commercial farming of crops or pasture.

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

archaeological site means a site identified as a Type A item in Schedule 1, the boundaries of which are shown edged heavy black on the heritage map.

boarding-house includes a house let in lodgings or a hostel, but does not include a motel.

brothel means premises habitually used for the purposes of prostitution or designed for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, 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 building or place by members of the public for the purpose of loading items into their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs, clothing or electrical or small-sized goods.

business sign means a commercial sign which is:

(a)  illuminated, or

(b)  attached to a bulky goods sales room or showroom, commercial premises, motel, restaurant or shop, being a sign other than a notice that the place or premises is or are for sale or letting together with the particulars of the sale or letting, or

(c)  the second or subsequent commercial sign on any building, work or land.

camp or caravan site means a site used for the purpose of placing movable dwellings (within the meaning of section 289E of the Local Government Act 1919) for permanent accommodation or for temporary accommodation by tourists, whether or not the site is also used for the erection, assembly or placement of cabins for temporary accommodation by tourists.

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

commercial sign means a sign, notice, device or representation in the nature of an advertisement, whether illuminated or not, which:

(a)  has an area of not greater than 0.75 square metres, and

(b)  in respect of any place or premises to which it is affixed, contains only:

(i)  a reference to the identification or description of the place or premises,

(ii)  a reference to the identification or description of any person residing or carrying on an occupation at the place or premises,

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

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

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

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

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

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

(ix)  a reference to an affiliation with a trade, professional or other associated relevant to the business conducted at the place or premises.

community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this clause.

community land means land classified as community land within the meaning of the Local Government Act 1993.

conservation management plan means a document prepared in accordance with the provisions of the NSW Heritage Manual that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

cottage industry means an activity carried out under the following circumstances:

(a)  the activity is carried out within a dwelling or the curtilage of a dwelling occupied by the person carrying on the activity or on land adjoining the land owned by that person,

(b)  the activity causes minimal interference to the amenity of the area,

(c)  the activity is generally in character with the scale and ambience of other activities within the immediate area,

(d)  any goods offered for sale have been either produced on the site of the activity or relate directly to the activity taking place on the site,

(e)  there are never more than 3 people employed in carrying out the activity who do not live in the dwelling within the curtilage of which the activity is carried out.

Council means the Council of the City of Wollongong.

demolish in relation to a building, work, relic, tree or place within a heritage conservation area or that is a heritage item, means wholly or partly damage, deface, destroy, pull down or remove that building, work, relic, tree or place within a heritage conservation area or the heritage item.

dual occupancy development means development that results in two dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development).

dwelling means a room or number of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile, and includes a granny flat.

dwelling-house means a building or buildings containing one but not more than one dwelling, on one allotment.

educational establishment means a building or place used for education including teaching, and includes:

(a)  a school or child care centre,

(b)  a tertiary institution, being a university, teacher’s college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and

(c)  an art gallery or museum, not used to sell the items displayed in the gallery or museum,

whether or not accommodation for staff and students is provided and whether or not for the purposes of gain.

existing holding means a parcel of land, whether comprising one or more lots or portions, existing in one ownership:

(a)  in the case of land within a water catchment area—as at 6 September 1974, or

(b)  in any other case—as at 30 April 1971.

extractive industry means:

(a)  development involving the winning or removal of extractive material from land,

(b)  the rehabilitation or the filling and reshaping of an area from which extractive material has been won or removed, or

(c)  an industry or undertaking (other than a mine) which depends for its operations on the winning or removal of extractive material from the land on which it is carried on.

extractive material means sand, gravel, clay, soil, rock, stone or similar substance but excludes turf and any sand, soil or other material remaining attached to turf after extraction of turf is carried out.

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

floor space ratio means the ratio of the gross floor area of a building to the area of the site on which it is situated.

forestry includes arboriculture, sylviculture and the destruction of trees and shrubs for the purpose of:

(a)  afforestation, forest protection, cutting, dressing and preparing (otherwise than in a sawmill) of wood and other forest products,

(b)  establishing roads necessary for the removal of wood and forest products, or

(c)  forest protection.

granny flat means the smaller of 2 dwellings in the curtilage of a dwelling-house, being a dwelling the floor space of which is less than half that of the larger dwelling of the dwelling-house and where at least one of the dwellings is occupied by the owner of the allotment on which the dwellings stand.

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,

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

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

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

(e)  internal public arcades and thoroughfares, terraces, balconies atriums and verandahs with outer walls less than 1400 millimetres high, and the like.

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

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

(b)  to the biophysical environment.

health consulting rooms means a room or a number of rooms within, or within the curtilage of, a dwelling-house or residential flats and used by not more than 3 legally qualified persons, who practise in partnership (if more than one) and who provide professional treatment or health care services (such as podiatry, chiropractic, dental, optical and physiotherapy services) to members of the public.

heavy industry means an industry other than an extractive industry or light industry.

helicopter landing site means a place, not open to the public, used for the taking off and landing of helicopters.

heliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes a terminal building or facilities for the parking, storage or repair of helicopters.

heritage conservation area means land identified as a Type C item in Schedule 1, the boundaries of which are shown edged heavy black on the heritage map, and includes buildings, works, relics, trees and places situated on or within that land.

heritage item means a building, work, relic, tree or place (which may or may not be sited on or within land that is a heritage conservation area) identified as a Type B or Type L item in Schedule 1, the site of which is shown edged heavy black or edged broken heavy black on the heritage map.

heritage map means the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 142)”, as amended by the maps (or 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.

City of Wollongong Local Environmental Plan 1990 (Amendment No 205)

City of Wollongong Local Environmental Plan 1990 (Amendment No 209)

City of Wollongong Local Environmental Plan 1990 (Amendment No 222)

City of Wollongong Local Environmental Plan 1990 (Amendment No 228)

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

home employment means an occupation which is carried on in, or from a dwelling, or within or from the curtilage of a dwelling-house or residential flat, by the permanent residents of the dwelling, and which does not involve any of the following:

(a)  the employment on the premises of persons other than those residents,

(b)  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 or grit, oil or otherwise,

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

(d)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited to indicate the name and occupation of those residents),

(e)  the use of premises as a brothel.

hospital means a building or place used as a:

(a)  hospital,

(b)  sanatorium,

(c)  health centre,

(d)  nursing home, or

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

whether public or private, and includes a shop or dispensary used in conjunction therewith, but does not include an institution.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles for commercial purposes.

institution means:

(a)  a residential centre for persons who has disabilities within the meaning of the Disability Services and Guardianship Act 1987,

(b)  a hospital within the meaning of the Mental Health Act 1990,

(c)  a prison within the meaning of the Prisons Act 1952, or

(d)  a detention centre within the meaning of the Children (Detention Centres) Act 1987.

intensive agriculture means a building or place used for:

(a)  cultivating fruit, vegetable or flower crops,

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

(c)  cultivating plants in a wholesale plant nursery, or

(d)  breeding, boarding, training, keeping or caring for animals,

for commercial purposes.

leisure area means a building or place used for the purpose of a picnic ground, walking trail, camping ground, information centre, children’s playground and parks, gardens or grazing, but does not include a recreation area or recreation facility.

licensed premises means premises specified in a licence of any kind granted under the Liquor Act 1982, but excludes development elsewhere specifically defined in this clause.

light industrial retail outlet means a shop:

(a)  which is used in conjunction with a light industry other than a warehouse,

(b)  which is situated on the land on which the light industry is located,

(c)  which has a retail area the gross floor area of which does not exceed:

(i)  40 per cent of the gross floor area occupied by the shop and the light industry in conjunction with which the shop is used, or

(ii)  250 square metres,

whichever is less, and

(d)  in which are sold only such goods as have been assembled or manufactured on the land on which the shop is situated.

light industry means an industry, laboratory, data processing centre or warehouse in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise.

main road means a road proclaimed to be a main road under the State Roads Act 1986, and includes a work declared to be a toll work under that Act.

maintenance means ongoing protective care of a heritage item or a building work, relic, tree or place within a heritage conservation area. It does not include alterations or the introduction of new materials or technology.

mine means any place which requires the winning or removal of any material pursuant to the Mining Act 1973, the Coal Mining Act 1973 or the Petroleum Act 1955, and includes the storage and primary processing of the material obtained.

motel means a building or buildings used for the temporary or short-term accommodation of people away from their normal place of domicile, whether or not the building or buildings are also used for the provision of meals to those people or the general public.

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

operational land means land classified as operational land within the meaning of the Local Government Act 1993.

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

port means a building or place used for:

(a)  the loading of goods onto ships and the unloading of goods from ships,

(b)  the storage of goods that are mainly to be loaded onto ships or that have been mainly unloaded from ships,

(c)  industry that produces mainly goods to be loaded onto ships or that uses mainly goods that have been unloaded from ships, and

(d)  any other purpose that is ancillary to or compatible with any of the purposes referred to in paragraph (a), (b) or (c).

potential archaeological site means a site identified as a Type P item in Schedule 1, the boundaries of which are shown edged heavy black on the heritage map, and includes a site known to the Council to have archaeological potential even if it is not so identified.

public utility undertaking means any undertaking carried on by, or by authority of, any Government Department or in pursuance of any Commonwealth or State Act, for the purposes of:

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

(b)  the provision of sewerage or drainage services, or

(c)  the supply of water, hydraulic power, electricity or gas, or

(d)  the provision of emergency services.

real estate sign means a sign used as an advertisement for a real estate agency which contains only the information that the place or premises to which it is affixed or to which it relates is or are for sale or letting, together with particulars of the sale or letting, and:

(a)  in the case of any such sign used in respect of residential or non urban premises relating to letting or sale by private treaty—does not exceed 1.25 metres in length and 1.0 metre in height, or

(b)  in the case of any such sign used in respect of residential or rural premises relating to sale by auction:

(i)  does not exceed 2.0 metres in length and 1.25 metres in height, and

(ii)  has returns not exceeding 200mm, and

(iii)  contains only the word “auction” on the surface of its returns, or

(c)  in the case of any such sign used in respect of commercial and industrial premises—does not exceed 2.5 metres in length and 2.0 metres in height.

recreation area means an area used for outdoor sporting activities including changing rooms and other associated facilities, but does not include a racecourse, showground, sports stadium or the like.

recreation facility means a building or area used for indoor sporting activities, recreation and leisure activities, entertainment, exhibitions or displays, whether or not operated for the purpose of gain, and includes a racecourse, showground, sports stadium and the like, and theatres, cinemas, concert halls, open air theatres and the like.

registered club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is registered under the Registered Clubs Act 1976.

relic means any deposit, object or material evidence (which may consist of human remains) relating to:

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

(b)  Aboriginal habitation of the area of the City of Wollongong before or after its occupation by persons of European extraction.

renovation, in relation to a building or work, means:

(a)  the making of structural changes to the inside or outside of the building or work, or

(b)  the making of non-structural changes to the fabric or appearance of the outside of the building or work, such as changes that involve the repair, or the painting, plastering or other decoration, of the outside of the building or work.

repair means the reinstatement of original fabric to a known original state.

residential flats means a building or buildings comprising 2 or more dwellings, other than a granny flat, on the same allotment but does not include dwellings that result from dual occupancy development.

restaurant means a building or place the principal purpose of which is the provision of food to people for consumption on the premises.

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

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

(b)  washing and greasing of motor vehicles,

(c)  installation of accessories,

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

serviced apartments means a building containing 2 or more dwellings let to persons and which are cleaned and otherwise serviced or maintained by the owner or manager of the building or the owner’s or manager’s agent.

sex shop means a building used for the purposes of a shop or commercial premises in which:

(a)  category 1 restricted publications or category 2 restriction publications, within the meaning of the Indecent Articles and Classified Publications Act 1975, are shown, exhibited, displayed, sold, or otherwise rendered accessible or available to the public,

(b)  a business to which section 10 of that Act applies is conducted, or

(c)  a business is conducted, an object of which is the display or exhibition of any article, within the meaning of that Act, that is primarily concerned with sexual behaviour, but is not printed matter.

shop means a building or place used for the purpose of selling by retail or hiring or display for the purpose of selling or hiring items (whether goods or materials), but does not include a bulky goods sales room or showroom.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the series of maps marked City of Wollongong Local Environmental Plan 1990, as amended by 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.

City of Wollongong Local Environmental Plan 1990 (Amendment No 3)

City of Wollongong Local Environmental Plan 1990 (Amendment No 4)

City of Wollongong Local Environmental Plan 1990 (Amendment No 8)

City of Wollongong Local Environmental Plan 1990 (Amendment No 9)

City of Wollongong Local Environmental Plan 1990 (Amendment No 10)

City of Wollongong Local Environmental Plan 1990 (Amendment No 11)

City of Wollongong Local Environmental Plan 1990 (Amendment No 13)

City of Wollongong Local Environmental Plan 1990 (Amendment No 14)

City of Wollongong Local Environmental Plan 1990 (Amendment No 15)

City of Wollongong Local Environmental Plan 1990 (Amendment No 16)

City of Wollongong Local Environmental Plan 1990 (Amendment No 18)

City of Wollongong Local Environmental Plan 1990 (Amendment No 19)

City of Wollongong Local Environmental Plan 1990 (Amendment No 20)

City of Wollongong Local Environmental Plan 1990 (Amendment No 21)

City of Wollongong Local Environmental Plan 1990 (Amendment No 22)

City of Wollongong Local Environmental Plan 1990 (Amendment No 25)

City of Wollongong Local Environmental Plan 1990 (Amendment No 26)

City of Wollongong Local Environmental Plan 1990 (Amendment No 27)

City of Wollongong Local Environmental Plan 1990 (Amendment No 28)

City of Wollongong Local Environmental Plan 1990 (Amendment No 29)

City of Wollongong Local Environmental Plan 1990 (Amendment No 30)

City of Wollongong Local Environmental Plan 1990 (Amendment No 31)

City of Wollongong Local Environmental Plan 1990 (Amendment No 32)

City of Wollongong Local Environmental Plan 1990 (Amendment No 33)

City of Wollongong Local Environmental Plan 1990 (Amendment No 35)

City of Wollongong Local Environmental Plan 1990 (Amendment No 37)

City of Wollongong Local Environmental Plan 1990 (Amendment No 38)

City of Wollongong Local Environmental Plan 1990 (Amendment No 39)

City of Wollongong Local Environmental Plan 1990 (Amendment No 40)

City of Wollongong Local Environmental Plan 1990 (Amendment No 41)

City of Wollongong Local Environmental Plan 1990 (Amendment No 43)

City of Wollongong Local Environmental Plan 1990 (Amendment No 46)

City of Wollongong Local Environmental Plan 1990 (Amendment No 47)

City of Wollongong Local Environmental Plan 1990 (Amendment No 51)

City of Wollongong Local Environmental Plan 1990 (Amendment No 52)

City of Wollongong Local Environmental Plan 1990 (Amendment No 53)

City of Wollongong Local Environmental Plan 1990 (Amendment No 55)

City of Wollongong Local Environmental Plan 1990 (Amendment No 56)

City of Wollongong Local Environmental Plan 1990 (Amendment No 57)

City of Wollongong Local Environmental Plan 1990 (Amendment No 58)

City of Wollongong Local Environmental Plan 1990 (Amendment No 59)

City of Wollongong Local Environmental Plan 1990 (Amendment No 61)

City of Wollongong Local Environmental Plan 1990 (Amendment No 62)

City of Wollongong Local Environmental Plan 1990 (Amendment No 63)

City of Wollongong Local Environmental Plan 1990 (Amendment No 65)

City of Wollongong Local Environmental Plan 1990 (Amendment No 66)

City of Wollongong Local Environmental Plan 1990 (Amendment No 68)

City of Wollongong Local Environmental Plan 1990 (Amendment No 69)

City of Wollongong Local Environmental Plan 1990 (Amendment No 70)

City of Wollongong Local Environmental Plan 1990 (Amendment No 71)

City of Wollongong Local Environmental Plan 1990 (Amendment No 77)

City of Wollongong Local Environmental Plan 1990 (Amendment No 78)

City of Wollongong Local Environmental Plan 1990 (Amendment No 80)

City of Wollongong Local Environmental Plan 1990 (Amendment No 81)

City of Wollongong Local Environmental Plan 1990 (Amendment No 82)

City of Wollongong Local Environmental Plan 1990 (Amendment No 83)

City of Wollongong Local Environmental Plan 1990 (Amendment No 85)

City of Wollongong Local Environmental Plan 1990 (Amendment No 88)

City of Wollongong Local Environmental Plan 1990 (Amendment No 89)

City of Wollongong Local Environmental Plan 1990 (Amendment No 90)

City of Wollongong Local Environmental Plan 1990 (Amendment No 91)

City of Wollongong Local Environmental Plan 1990 (Amendment No 93)

City of Wollongong Local Environmental Plan 1990 (Amendment No 94)

City of Wollongong Local Environmental Plan 1990 (Amendment No 95)

City of Wollongong Local Environmental Plan 1990 (Amendment No 96)

City of Wollongong Local Environmental Plan 1990 (Amendment No 97), Sheets 2–5

City of Wollongong Local Environmental Plan 1990 (Amendment No 98)

City of Wollongong Local Environmental Plan 1990 (Amendment No 99)

City of Wollongong Local Environmental Plan 1990 (Amendment No 101)

City of Wollongong Local Environmental Plan 1990 (Amendment No 102)

City of Wollongong Local Environmental Plan 1990 (Amendment No 103)

City of Wollongong Local Environmental Plan 1990 (Amendment No 107)

City of Wollongong Local Environmental Plan 1990 (Amendment No 108)

City of Wollongong Local Environmental Plan 1990 (Amendment No 109)

City of Wollongong Local Environmental Plan 1990 (Amendment No 113)

City of Wollongong Local Environmental Plan 1990 (Amendment No 115)

City of Wollongong Local Environmental Plan 1990 (Amendment No 117)

City of Wollongong Local Environmental Plan 1990 (Amendment No 119)

City of Wollongong Local Environmental Plan 1990 (Amendment No 120)

City of Wollongong Local Environmental Plan 1990 (Amendment No 122)

City of Wollongong Local Environmental Plan 1990 (Amendment No 123)

City of Wollongong Local Environmental Plan 1990 (Amendment No 124)

City of Wollongong Local Environmental Plan 1990 (Amendment No 125)

City of Wollongong Local Environmental Plan 1990 (Amendment No 126)

City of Wollongong Local Environmental Plan 1990 (Amendment No 128)

City of Wollongong Local Environmental Plan 1990 (Amendment No 129)

City of Wollongong Local Environmental Plan 1990 (Amendment No 133)

City of Wollongong Local Environmental Plan 1990 (Amendment No 134)

City of Wollongong Local Environmental Plan 1990 (Amendment No 135)

City of Wollongong Local Environmental Plan 1990 (Amendment No 136)

City of Wollongong Local Environmental Plan 1990 (Amendment No 137)

City of Wollongong Local Environmental Plan 1990 (Amendment No 138)

City of Wollongong Local Environmental Plan 1990 (Amendment No 139)

City of Wollongong Local Environmental Plan 1990 (Amendment No 144)

City of Wollongong Local Environmental Plan 1990 (Amendment No 145)

City of Wollongong Local Environmental Plan 1990 (Amendment No 146)

City of Wollongong Local Environmental Plan 1990 (Amendment No 148)

City of Wollongong Local Environmental Plan 1990 (Amendment No 149)

City of Wollongong Local Environmental Plan 1990 (Amendment No 150)

City of Wollongong Local Environmental Plan 1990 (Amendment No 152)

City of Wollongong Local Environmental Plan 1990 (Amendment No 153)

City of Wollongong Local Environmental Plan 1990 (Amendment No 154)—Sheet 1

City of Wollongong Local Environmental Plan 1990 (Amendment No 158)

City of Wollongong Local Environmental Plan 1990 (Amendment No 159)

City of Wollongong Local Environmental Plan 1990 (Amendment No 161)

City of Wollongong Local Environmental Plan 1990 (Amendment No 163)

City of Wollongong Local Environmental Plan 1990 (Amendment No 164)

City of Wollongong Local Environmental Plan 1990 (Amendment No 165)

City of Wollongong Local Environmental Plan 1990 (Amendment No 166) Sheet 2

City of Wollongong Local Environmental Plan 1990 (Amendment No 167)

City of Wollongong Local Environmental Plan 1990 (Amendment No 169)

City of Wollongong Local Environmental Plan 1990 (Amendment No 170)

City of Wollongong Local Environmental Plan 1990 (Amendment No 173)

City of Wollongong Local Environmental Plan 1990 (Amendment No 179)

City of Wollongong Local Environmental Plan 1990 (Amendment No 183)

City of Wollongong Local Environmental Plan 1990 (Amendment No 184)

City of Wollongong Local Environmental Plan 1990 (Amendment No 186)

City of Wollongong Local Environmental Plan 1990 (Amendment No 188)

City of Wollongong Local Environmental Plan 1990 (Amendment No 189)

City of Wollongong Local Environmental Plan 1990 (Amendment No 191)

City of Wollongong Local Environmental Plan 1990 (Amendment No 192)

City of Wollongong Local Environmental Plan 1990 (Amendment No 193)

City of Wollongong Local Environmental Plan 1990 (Amendment No 194)

City of Wollongong Local Environmental Plan 1990 (Amendment No 196)

City of Wollongong Local Environmental Plan 1990 (Amendment No 199)

City of Wollongong Local Environmental Plan 1990 (Amendment No 200)

City of Wollongong Local Environmental Plan 1990 (Amendment No 203)

City of Wollongong Local Environmental Plan 1990 (Amendment No 208)

City of Wollongong Local Environmental Plan 1990 (Amendment No 210)

City of Wollongong Local Environmental Plan 1990 (Amendment No 211)

City of Wollongong Local Environmental Plan 1990 (Amendment No 212)—Sheet 1

City of Wollongong Local Environmental Plan 1990 (Amendment No 213)

City of Wollongong Local Environmental Plan 1990 (Amendment No 214)

City of Wollongong Local Environmental Plan 1990 (Amendment No 216)

City of Wollongong Local Environmental Plan 1990 (Amendment No 219)

City of Wollongong Local Environmental Plan 1990 (Amendment No 221)

City of Wollongong Local Environmental Plan 1990 (Amendment No 223)

City of Wollongong Local Environmental Plan 1990 (Amendment No 224)

City of Wollongong Local Environmental Plan 1990 (Amendment No 226)

City of Wollongong Local Environmental Plan 1990 (Amendment No 228)

Wollongong Local Environmental Plan 1990 (Amendment No 230)

Wollongong Local Environmental Plan 1990 (Amendment No 234)

transport terminal means a building or place used for the assembly, parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, or any business, industry or shop.

truck or heavy machinery sale yard means a building or place used for the display and sale of trucks or industrial or farm machinery such as back hoes, front end loaders, tractors and the like.

turf farming means a place where turf is cultivated and extracted for the purpose of sale.

utility installation means:

(a)  a building or work used by a public utility undertaking or by a public or private communication undertaking (excluding buildings designed wholly or principally as administrative or business premises or as a showroom), or

(b)  an accessway, road, conveyor or work for the drainage of water or the damming or filling of a watercourse,

(c)  a pipeline.

warehouse means a building or place used for the principal purpose of distributing, storing, handling or displaying items (whether goods or materials).

(2)  In this plan:

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

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

(c)  a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner indicated in that clause as the means of identifying land of the zone so specified.

cl 6: Am 19.7.1991; 23.8.1991; 4.10.1991; 11.10.1991; 15.11.1991; 3.1.1992; 7.2.1992; 21.2.1992; 13.3.1992; 24.4.1992; 1.5.1992; 15.5.1992; 5.6.1992; 26.6.1992; 31.7.1992; 14.8.1992; 20.11.1992; 11.12.1992; 24.12.1992; 5.2.1993; 26.2.1993; 12.3.1993; 8.4.1993; 7.5.1993; 11.6.1993; 2.7.1993; 6.8.1993; 13.8.1993; 3.9.1993; 24.9.1993; 1.10.1993; 29.10.1993; 28.1.1994; 4.2.1994; 11.2.1994; 18.2.1994; 25.3.1994; 22.4.1994; 6.5.1994; 13.5.1994; 15.7.1994; 16.9.1994; 7.10.1994; 21.10.1994; 18.11.1994; 25.11.1994; 3.2.1995; 10.2.1995; 17.2.1995; 10.3.1995; 31.3.1995; 5.5.1995; 12.5.1995; 4.8.1995; 1.9.1995; 6.10.1995; 13.10.1995; 20.10.1995; 3.11.1995; 12.4.1996; 26.4.1996; 17.5.1996; 7.6.1996; 28.6.1996; 5.7.1996; 19.7.1996; 26.7.1996; 9.8.1996; 23.8.1996; 13.9.1996; 27.9.1996; 8.11.1996; 6.12.1996; 20.12.1996; 7.2.1997; 21.2.1997; 28.2.1997; 27.3.1997; 24.4.1997; 4.7.1997; 11.7.1997; 29.8.1997; 3.10.1997; 12.12.1997; 19.12.1997; 9.1.1998; 13.3.1998; 20.3.1998; 19.6.1998; 17.7.1998; 14.8.1998; 21.8.1998; 4.9.1998; 18.9.1998; 1.4.1999; 21.5.1999; 28.5.1999; 24.12.1999; 7.1.2000; 17.3.2000; 7.4.2000; 14.4.2000; 12.5.2000; 10.11.2000; 8.12.2000; 23.2.2001; 18.5.2001; 25.5.2001; 26.11.2001; 1.2.2002; 1.3.2002; 12.4.2002; 31.5.2002; 5.7.2002; 9.5.2003; 18.7.2003; 22.8.2003; 24.10.2003; 16.1.2004; 9.7.2004; 6.8.2004; 13.8.2004; 29.10.2004; 2005 (220), Sch 1 [1]; 2005 (438), Sch 1 [1].

7 Consent authority

The Council shall be the consent authority for the purposes of this plan.

Part 2 General restrictions on development of land

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:

Zone No 1 (Non-Urban Zone)—lettered “1”

Zone No 2 (a) (Low Density Residential Zone)—lettered “2 (a)”

Zone No 2 (a1) (Special Low Density Residential Zone)—lettered “2 (a1)”

Zone No 2 (b) (Medium Density Residential Zone)—lettered “2 (b)”

Zone No 2 (c) (High Density Residential Zone)—lettered “2 (c)”

Zone No 3 (a) (General Business Zone)—lettered “3 (a)”

Zone No 3 (b) (Neighbourhood Business Zone)—lettered “3 (b)”

Zone No 3 (c) (Regional Business Zone)—lettered “3 (c)”

Zone No 3 (d) (Commercial Services Zone)—lettered “3 (d)”

Zone No 3 (e) (Research and Development Business Zone)—lettered “3 (e)”

Zone No 4 (a) (Light Industrial Zone)—lettered “4 (a)”

Zone No 4 (b) (Heavy Industrial Zone)—lettered “4 (b)”

Zone No 4 (c) (Extractive Industrial Zone)—lettered “4 (c)”

Zone No 5 (Special Uses Zone)—lettered in accordance with clause 15

Zone No 6 (a) (Public Recreation Zone)—lettered “6 (a)”

Zone No 6 (b) (Private Recreation Zone)—lettered “6 (b)”

Zone No 6 (c) (Tourism Zone)—lettered ”6 (c)”

Zone No 7 (a) (Special Environmental Protection Zone)—lettered “7 (a)”

Zone No 7 (b) (Environmental Protection Conservation Zone)—lettered “7 (b)”

Zone No 7 (c) (Environmental Protection Residential Zone)—lettered “7 (c)”

Zone No 7 (c1) (Environmental Protection Rural Residential Zone)—lettered “7 (c1)”

Zone No 7 (d) (Hacking River Environmental Protection Zone)—lettered “7 (d)”

Zone No 8 (a) (National Parks Zone)—lettered “8 (a)”

Zone No 8 (b) (State Recreation Areas Zone)—lettered “8 (b)”

Zone No 9 (Reservation Zone)—lettered in accordance with clause 35, 36 or 37.

cl 8: Am 21.2.1997; 29.8.1997; 16.1.2004.

9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

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

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

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

(c)  development may be carried out only with development consent granted in accordance with the provisions of clause 11 to an application that has been advertised in the same manner as is required for an application for consent to carry out designated development, and

(d)  development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent”, “Only with development consent granted after advertising and satisfying clause 11” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1   (Non-Urban Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to provide a rural atmosphere on the outskirts of the City of Wollongong and to act as a reservoir from which land suitable for:

(i)  urban development to cater for planned natural urban growth, or

(ii)  environmental protection,

can be drawn, and

(b)  to allow agricultural and peri-urban pursuits which are not likely to:

(i)  inhibit or prejudice the present environmental quality or future development potential of the land, or

(ii)  lead to a demand for further public services or render them more difficult or expensive to provide once urban development takes place.

2 Without development consent

Agriculture; exempt development.

3 Only with development consent

Any purpose other than a purpose included in item 2, 4 or 5.

4 Only with development consent granted after advertising and satisfying clause 11

Boarding-houses; camp or caravan sites; community facilities; health consulting rooms; helicopter landing sites; hotels; industries; motels; registered clubs; restaurants.

5 Prohibited

Brothels; bulky goods sales rooms or showrooms; commercial premises; heliports; residential flats; sex shops; shops.

Zone No 2 (a)   (Low Density Residential Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to provide land primarily for detached housing with gardens in an environment free from commercial and unsympathetic activities and buildings, and

(b)  to allow some diversity of activities and housing types provided:

(i)  densities, scale and height are comparable to those of detached housing,

(ii)  there is little increase in traffic generation, and

(iii)  there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; community facilities; dual occupancy development; dwelling-houses; educational establishments; home employment; leisure areas; recreation areas; residential flats; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Any purpose other than a purpose included in item 2, 3 or 5.

5 Prohibited

Agriculture; brothels; bulky goods sales rooms and showrooms; helicopter landing sites; heliports; industries (other than light industries); intensive agriculture; mines; sex shops; transport terminals; turf farming.

Zone No 2 (a1)   (Special Low Density Residential Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to cater for residential development in selected areas affected by environmental hazards, a limited supply of infrastructure or a lack of adequate utility services, and

(b)  to allow some diversity of activities that will not prejudice the objective referred to in paragraph (a) from being achieved or detrimentally affect the environmental quality or character of the locality or the amenity of the locality.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; cottage industries; dwelling-houses; educational establishments; granny flats; home employment; leisure areas; recreation areas; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Any purpose other than a purpose included in item 2, 3 or 5.

5 Prohibited

Agriculture; bulky goods sales rooms or showrooms; dual occupancy development (other than granny flats); helicopter landing sites; heliports; industries; mines; residential flats; sex shops; transport terminals; turf farming.

Zone No 2 (b)   (Medium Density Residential Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to cater for a wide range of housing types, essentially domestic in scale and character,

(b)  to allow for a range of residential densities and for urban consolidation in appropriate locations, and

(c)  to allow some diversity of activities and densities provided:

(i)  scale and height are comparable to those of the locality,

(ii)  there is little increase in traffic generation, and

(iii)  there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; boarding houses; camp or caravan sites; community facilities; cottage industries; dual occupancy development; dwelling-houses; educational establishments; health consulting rooms; home employment; hospitals; leisure areas; motels; places of worship; recreation areas; residential flats; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Any purpose other than a purpose included in item 2, 3 or 5.

5 Prohibited

Agriculture; brothels; bulky goods sales rooms or showrooms; helicopter landing sites; heliports; industries (other than light industries); intensive agriculture; mines; sex shops; turf farming.

Zone No 2 (c)   (High Density Residential Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to allow for high density residential development close to the regional centre, and

(b)  to allow some diversity of activities and densities provided:

(i)  scale and height are comparable with those in the locality,

(ii)  there is little increase in traffic generation, and

(iii)  there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; boarding houses; community facilities; cottage industries; dual occupancy development; dwelling-houses; educational establishments; health consulting rooms; home employment; hospitals; leisure areas; motels; places of worship; recreation areas; residential flats; serviced apartments; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Any purpose other than a purpose included in item 2 3 or 5.

5 Prohibited

Agriculture; brothels; bulky goods sales rooms and showrooms; helicopter landing sites; heliports; intensive agriculture; mines; sex shops; turf farming.

Zone No 3 (a)   (General Business Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to focus and consolidate retail and business development in accessible locations, and

(b)  to allow development for other purposes if those purposes will not prejudice the objective referred to in paragraph (a) from being achieved or significantly detract from the character of the locality or the operation of any existing or proposed development nearby.

2 Without development consent

Exempt development.

3 Only with development consent

Any purpose other than a purpose included in item 2 4 or 5.

4 Only with development consent granted after advertising and satisfying clause 11

Helicopter landing sites; hospitals; institutions.

5 Prohibited

Agriculture; brothels; camp or caravan sites; heliports; industries (other than light industries); intensive agriculture; mines; turf farming.

Zone No 3 (b)   (Neighbourhood Business Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to allow for businesses and neighbourhood activities which serve the local community and are limited in scale, and

(b)  to allow some diversity of activities of densities, scale and height comparable with those of the locality, and with little increase in traffic generation, that will not prejudice the objective referred to in paragraph (a) from being achieved or significantly detract from the character of the locality or the amenity of any existing or proposed development nearby.

2 Without development consent

Exempt development.

3 Only with development consent

Any purpose other than a purpose included in item 2 4 or 5.

4 Only with development consent granted after advertising and satisfying clause 11

Cottage industries; hospitals; institutions; light industries; transport terminals.

5 Prohibited

Agriculture; brothels; camp or caravan sites; helicopter landing sites; heliports; industries (other than light industries); intensive agriculture; mines; turf farming.

Zone No 3 (c)   (Regional Business Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to promote the growth of Wollongong Central Business District as the regional centre, and

(b)  to allow development for other purposes if those purposes will not prejudice the objective referred to in paragraph (a) from being achieved or significantly detract from the character of the locality or the operation of any existing or proposed development nearby.

2 Without development consent

Exempt development.

3 Only with development consent

Any purpose other than a purpose included in item 2 4 or 5.

4 Only with development consent granted after advertising and satisfying clause 11

Helicopter landing sites; hospitals; industries (other than light industries); institutions.

5 Prohibited

Agriculture; brothels; camp or caravan sites; heliports; mines; turf farming.

Zone No 3 (d)   (Commercial Services Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to allow for large scale sale rooms or showrooms trading in bulky goods and small scale services, which are not establishments normally found in a business area, to locate close to business areas, and

(b)  to allow some diversity of activities which will not prejudice the objective referred to in paragraph (a) from being achieved or significantly detract from the character of the locality or the operation of any existing or proposed development in the locality.

2 Without development consent

Exempt development.

3 Only with development consent

Any purpose other than a purpose included in item 2 4 or 5.

4 Only with development consent granted after advertising and satisfying clause 11

Boarding houses; helicopter landing sites; hospitals; industries (other than light industries); institutions; intensive agriculture; places of worship; shops.

5 Prohibited

Agriculture; heliports; turf farming.

Zone No 3 (e)   (Research and Development Business Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to permit the establishment of the “Wollongong Innovation Campus”, which comprises a research and development campus, hotel, student and campus-related residential accommodation and necessary support services and facilities on the land, and

(b)  to provide a purpose-built area where enterprises that carry out research and development as an integral part of their operations can be located, and

(c)  to promote and foster the establishment of collaborative research and development between users of land within the Wollongong Innovation Campus and the University of Wollongong and other enterprises in the Illawarra region, and

(d)  to facilitate practical links between the University of Wollongong’s research activities and initiatives of the business community, and

(e)  to encourage development of land in the zone to proceed in an orderly manner consistent with a master plan adopted by the Director-General for the site, and

(f)  to ensure that the development of land in the zone is undertaken in a manner that demonstrates design of a high quality with respect to the context of the site, scale, built form and density of the development, resource, energy and water efficiency, landscape, amenity, safety and security, social dimensions and aesthetics, and

(g)  to ensure that development in the zone is in harmony with the landscape quality of the coastal and foreshore setting, and

(h)  to permit the provision of University-related facilities, including student and campus-related residential accommodation and support services, incidental or ancillary to research and development activities on the land.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; boarding-houses; business signs; commercial premises; commercial signs; community facilities; dwellings; educational establishments; health consulting rooms; helicopter landing sites; hospitals; leisure areas; licensed premises; light industries; motels; places of worship; public utility undertakings; real estate signs; recreation areas; recreation facilities; registered clubs; residential flats; restaurants; serviced apartments; shops; utility installations; warehouses.

4 Only with development consent granted after advertising and satisfying clause 11

Nil.

5 Prohibited

Any purpose other than a purpose included in item 2, 3 or 4.

Zone No 4 (a)   (Light Industrial Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to cater for a wide range of manufacturing and service activities which will not interfere with the amenity of nearby residents, and

(b)  to allow some diversity of activities which will not prejudice the objective referred to in paragraph (a) from being achieved or significantly detract from the operation of existing or proposed manufacturing and service industries or the amenity of nearby residents.

2 Without development consent

Exempt development.

3 Only with development consent

Any purpose other than a purpose included in item 2 4 or 5.

4 Only with development consent granted after advertising and satisfying clause 11

Bulky goods sales rooms or showrooms; camp or caravan sites; community facilities; educational establishments; health consulting rooms; helicopter landing sites; hospitals; industries (other than light industries); institutions; intensive agriculture; light industrial retail outlets; motels; places of worship; registered clubs; restaurants; shops necessary to service the industry within the zone; turf farming.

5 Prohibited

Agriculture; boarding houses; commercial premises; dwellings (other than those used in conjunction with industry and situated on land on which the industry is located); heliports; licensed premises; sex shops; shops (other than light industrial retail outlets or those necessary to service the industry within the zone).

Zone No 4 (b)   (Heavy Industrial Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to provide suitable areas for those industrial enterprises which should be kept well away from residential neighbourhoods,

(b)  to make the best use of public utilities and infrastructure required by substantial enterprises, and

(c)  to allow some diversity of activities which will not prejudice the objectives referred to in paragraphs (a) and (b) from being achieved or significantly detract from the operation of existing or proposed industrial enterprises.

2 Without development consent

Exempt development.

3 Only with development consent

Any purpose other than a purpose included in item 2 4 or 5.

4 Only with development consent granted after advertising and satisfying clause 11

Educational establishments; heliports; light industrial retail outlets; recreation areas; recreation facilities; restaurants; turf farming.

5 Prohibited

Agriculture; boarding-houses; brothels; bulky goods sales rooms or showrooms; camp or caravan sites; commercial premises; dwellings (other than those used in conjunction with industry and situated on land on which the industry is located); health consulting rooms; hospitals; institutions; licensed premises; motels; places of worship; registered clubs; sex shops; shops (other than light industrial retail outlets or those necessary to service the industry within the zone).

Zone No 4 (c)   (Extractive Industrial Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to manage the extractive and landfill resources of the City of Wollongong in a co-ordinated manner to meet community needs whilst ensuring that adverse impact on the environment and the community are minimal, and

(b)  to ensure that development proposals for land containing extractive resources are assessed in relation to the potential problem of rendering those resources unavailable.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; business signs; extractive industries; forestry; intensive agriculture; landfill; leisure areas; mines; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Recreation facilities; turf farming.

5 Prohibited

Any purpose other than a purpose included in item 2 3 or 4.

Zone No 5   (Special Uses Zone)

1 Objectives of zone

The objective of the zone is to cater for the provision of community and public facilities and services.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; such purposes specified in the Table to clause 15 as are marked or lettered on the map; any purpose ancillary or incidental to such purposes; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Any purpose other than a purpose included in item 2 3 or 5.

5 Prohibited

Brothels; sex shops.

Zone No 6 (a)   (Public Recreation Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to identify areas where recreation facilities for the general use of the community for active and passive recreation may be developed, and

(b)  to cater for the development of a wide range of facilities for the benefit of nearby communities.

2 Without development consent

Exempt development; leisure areas.

3 Only with development consent

Advertisements; business signs; camp or caravan sites; community facilities; educational establishments; forestry; recreation areas; recreation facilities; registered clubs; restaurants; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Helicopter landing sites; intensive agriculture.

5 Prohibited

Any purpose other than a purpose included in item 2, 3 or 4.

Zone No 6 (b)   (Private Recreation Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to identify areas where private recreation facilities are and may be developed, and

(b)  to allow some diversity of activities which will not prejudice the objective referred to in paragraph (a) from being achieved or significantly detract from the character of the locality or the amenity of any existing or proposed development in the locality.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; business signs; camp or caravan sites; dwellings used in conjunction with a purpose for which development consent is required and situated on the land on which the development for that purpose is carried out; intensive agriculture; leisure areas; recreation areas; recreation facilities; registered clubs; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Educational establishments; motels; places of worship; restaurants.

5 Prohibited

Any purpose other than a purpose included in item 2 3 or 4.

Zone No 6 (c)   (Tourism Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to identify areas of, and encourage tourist orientated development in, designated tourism precincts, and

(b)  to allow some diversity of activities which will not prejudice the objective referred to in paragraph (a) from being achieved or significantly detract from the character of the locality or the amenity of any existing or proposed development in the locality.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; boarding houses; business signs; camp or caravan sites; car parking; community facilities; cottage industries; educational establishments; home employment; leisure areas; licensed premises; motels; passenger transport terminals; recreation areas; recreation facilities; registered clubs; restaurants; serviced apartments; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Bulky goods sales rooms or showrooms; commercial premises or shops principally servicing tourists; dwellings; places of worship.

5 Prohibited

Any purpose other than a purpose included in item 2 3 or 4.

Zone No 7 (a)   (Special Environmental Protection Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to protect environmentally important lands having special aesthetic, ecological or conservational value,

(b)  to identify and protect the foreshore environment which enhances the visual amenity and possesses ecological or conservational value,

(c)  to identify and protect lands forming part of the catchment areas for water supply, and

(d)  to allow some diversity of activities on degraded land which will not prejudice the objectives referred to in paragraphs (a), (b) and (c) from being achieved or significantly detract from the environmental or visual quality or character of the locality or the amenity or operation of any existing or proposed development in the locality.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; any purpose associated with the protection and provision of stored water supplies and any purpose ordinarily incidental or subsidiary to such a purpose; leisure areas; mines; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Agriculture; buildings used in conjunction with agriculture; forestry.

5 Prohibited

Any purpose other than a purpose included in item 2 3 or 4.

Zone No 7 (b)   (Environmental Protection Conservation Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to identify, protect and enhance areas which have special conservational, aesthetic or scenic qualities which enhance the environment,

(b)  to identify and protect escarpment areas which enhance the visual amenity and possess special aesthetic or conservational value, and

(c)  to allow some diversity of activities on degraded land which will not prejudice the objectives referred to in paragraphs (a) and (b) from being achieved or significantly detract from the environmental or visual quality or character of the locality or the amenity or operation of any existing or proposed development in the locality.

2 Without development consent

Exempt development.

3 Only with development consent

(a)  In respect of and reserved or dedicated under the National Parks and Wildlife Act 1974, any purpose authorised under that Act or any purpose ordinarily incidental or subsidiary to such a purpose; advertisements; dwelling houses; granny flats; home employment; leisure areas; utility installations.

(b)  In respect of any other land advertisements; dwelling houses; granny flats; home employment; leisure areas; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Agriculture; buildings used in conjunction with agriculture; educational establishments; mines; recreation areas; restaurants.

5 Prohibited

Any purpose other than a purpose included in item 2 3 or 4.

Zone No 7 (c)   (Environmental Protection Residential Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to cater for limited residential and village development in selected areas possessing special environmental qualities or which may be affected by environmental hazards, and

(b)  to allow some diversity of activities which will not prejudice the objective referred to in paragraph (a) from being achieved or detrimentally affect the environmental quality or character of the locality or the amenity of any existing or proposed development in the locality.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; cottage industries; dwelling-houses; granny flats; educational establishments; home employment; leisure areas; recreation areas; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Any purpose other than a purpose included in item 2 3 or 5.

5 Prohibited

Agriculture; brothels; bulky goods sales rooms or showrooms; dual occupancy development; helicopter landing sites; heliports; industries; mines; residential flats; sex shops; transport terminals; turf farming.

Zone No 7 (c1)   (Environmental Protection Rural Residential Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to provide for rural residential development to occur in the City,

(b)  to ensure that such development is an effective transition between urban development and environmentally sensitive land such as the escarpment fringe,

(c)  to enable a limited range of buildings and land uses which are compatible with adjoining environmentally sensitive land, and

(d)  to ensure that any development is accompanied by significant environmental enhancement.

2 Without development consent

Exempt development.

3 Only with development consent

Agriculture (including ancillary buildings); cottage industries; dwelling-houses; forestry; home employment; intensive agriculture; leisure areas; mines; recreation areas; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Nil.

5 Prohibited

Any purpose other than a purpose included in item 2 or 3.

Zone No 7 (d)   (Hacking River Environmental Protection Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to identify and protect the conservation value of the relatively pristine tributaries of the Hacking River Catchment and thereby safeguard the natural qualities of the area to complement the Royal National Park, and

(b)  to allow some diversity of activities on degraded land which will not prejudice the objective referred to in paragraph (a) from being achieved or detrimentally affect the environmental quality or character of the locality or the amenity of any existing or proposed development in the locality.

2 Without development consent

Exempt development.

3 Only with development consent

(a)  In respect of land reserved or dedicated under the National Parks and Wildlife Act 1974, any purpose authorised under that Act or any purpose ordinarily incidental or subsidiary to such a purpose; advertisements; dwelling houses; home employment; leisure areas; utility installations.

(b)  In respect of any other land advertisements; dwelling houses; home employment; leisure areas; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Agriculture; buildings used in conjunction with agriculture; educational establishments; mines; recreation areas; restaurants.

5 Prohibited

Any purpose other than a purpose included in item 2 3 or 4.

Zone No 8 (a)   (National Parks Zone)

1 Objectives of zone

The objectives are to preserve and manage national parks for conservation and recreational purposes.

2 Without development consent

Exempt development.

3 Only with development consent

Any purpose authorised under the National Parks and Wildlife Act 1974.

4 Only with development consent granted after advertising and satisfying clause 11

Nil.

5 Prohibited

Any purpose other than a purpose included in item 2 or 3.

Zone No 8 (b)   (State Recreation Areas Zone)

1 Objectives of zone

The objectives are to preserve and manage State Recreation Areas for conservation and recreational purposes.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; any purpose authorised under the National Parks and Wildlife Act 1974; mines.

4 Only with development consent granted after advertising and satisfying clause 11

Nil.

5 Prohibited

Any purpose other than a purpose included in item 2 or 3.

Zone No 9   (Reservation Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to ensure that land required for future essential services, roads, open space and community purposes is clearly designated,

(b)  to provide for the acquisition of land within the zone,

(c)  to permit development of land within the zone where it is not immediately required, and

(d)  to allow continued use of land within the zone until it is required.

2 Without development consent

Exempt development.

3 Only with development consent

Advertisements; such purposes specified in the Table to clause 35 and in clauses 36 and 37 as are marked or indicated by lettering on the map; any purpose ordinarily incidental or subsidiary to such a purpose; recreation areas; utility installations.

4 Only with development consent granted after advertising and satisfying clause 11

Any purpose other than a purpose included in item 2 3 or 5.

5 Prohibited

Brothels; sex shops.

cl 9: Am 15.7.1994.

cl 9, table: Am 3.1.1992; 24.9.1993; 25.3.1994; 6.5.1994; 15.7.1994; 21.2.1997; 29.8.1997; 13.3.1998; 5.11.1999; 16.1.2004.

10 Development requiring consent or for a temporary period

(1)  Except as otherwise provided by this plan:

(a)  subdivision of land or buildings,

(b)  consolidation of land in Zone No 1, 7 (a), 7 (b) and 7 (d) (being development with the meaning of the Act),

(c)  demolition or alteration of or additions to boarding-houses providing rental accommodation,

(d)  use for any other purpose of premises used for the purposes of a boarding-house providing rental accommodation,

(e)  development of land not identified as being within a particular zone,

(f)  conversion of a dwelling-house into residential flats,

(g)  erection of, or alteration or addition to, residential flats,

(h)  construction of dams,

(i)  development of land below the high water mark,

(j)  development or filling of land forming part of the bed of a river, creek, bay, lagoon or natural watercourse, including any area subject to periodic inundation,

(k)  development of land which has been reclaimed,

(l)  opening a road or other means of access which forms a junction or intersection with a main road,

(m)  erection of a second or subsequent dwelling-house on an allotment of land,

(n)  the clearing or partial clearing of vegetation, including noxious weeds, on land other than the clearing or partial clearing of vegetation carried out pursuant to a notice under section 495A (1) of the Local Government Act 1919 or section 13 (1) of the Bushfires Act 1949,

(o)  the removal or deposit of soil or rock from or on any land within Zone No 7 (a), 7 (b), 7 (c) or 7 (d),

(p)  the filling or partial filling of land with any material, or

(q)  demolition of cantilevered or suspended awnings, including supporting parapet walls, or

(r)  development for the purpose of a sex shop,

may be carried out only with development consent.

(2)  The Council shall not grant consent required by subclause (1) (e) for a purpose for which development is prohibited on land within a zone adjoining that land.

(3)  In respect of any application required by subclause (1) (l), the Council shall take into consideration:

(a)  the treatment of the junction or the intersection and its location having regard to town and country planning principles and to the safety and convenience of the public, and

(b)  the effect of opening the road or other means of access on the development of the locality.

(c)    (Repealed)

(4)    (Repealed)

(5)  Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development (not being designated development) for any purpose for a maximum period of 12 days, whether consecutive or non-consecutive, in any 12 month period.

cl 10: Am 3.1.1992; 15.7.1994; 17.12.2004.

Part 3 Special provisions

10A Exempt and complying development

(1)  Development of minimal environmental impact listed in Wollongong Development Control Plan No 99/2—Exempt Development (as adopted by the Council on 5 July 1999) is exempt development, despite any other provision of this plan.

(2)  Development listed in Wollongong Development Control Plan No 99/1—Complying Development as adopted by Council on 5 July 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 Wollongong Development Control Plan No 99/2—Exempt Development or Wollongong Development Control Plan No 99/1—Complying Development, whichever is applicable (as adopted by the Council on 5 July 1999).

(4)  A complying development certified issued for any complying development is to be subject to the conditions for the development specified in Wollongong Development Control Plan No 99/1—Complying Development (as adopted by the Council on 5 July 1999).

(5)  For the purposes of section 109D (1) (d) (iv) of the Act, an accredited certifier may be a certifying authority for the purpose of issuing a subdivision certificate for a subdivision that is complying development.

(6)  Clauses 11, 12, 13, 14 (1) (e) (f) (g) (2) and (3), 17, 21, 23 and 32 do not apply to complying development or to the granting of consent in relation to complying development.

cll 10A: Ins 5.11.1999.

10B Development without consent

Despite clause 9, development consent is not required for:

(a)  the erection of the following structures by or on behalf of the Council:

(i)  bridges or staircases installed in public parks or recreation areas,

(ii)  bus shelters,

(iii)  goal posts,

(iv)  park furniture,

(v)  street furniture,

(vi)  sight screens or similar sporting structures, or

(b)  the carrying out of bushfire hazard reduction by or on behalf of the Council.

cll 10B: Ins 5.11.1999.

11 Restrictions on granting certain consents

(1)  This clause applies to the granting of consent to a development application required to be advertised by item 4 of the Table to clause 9 and, pursuant to section 108 (3) of the Act, to the granting of consent to a development application made pursuant to clause 54 of the Environmental Planning and Assessment Regulation 1980.

(2)  The Council shall not grant consent to a development application to which this clause applies unless it is satisfied that:

(a)  the development is consistent with one or more of the objectives of the zone in which it is proposed that it be carried out,

(b)  the development is necessary for any one of the following reasons:

(i)  it provides a service primarily for the area,

(ii)  it meets an urgent community need,

(iii)  it comprises an owner-occupier operated small scale tourist related development,

(iv)  the most exceptional circumstances apply,

(c)  no more appropriately zoned site or (if appropriate) accommodation is available in reasonable proximity to the proposed development or the proposed development constitutes a change from an existing use, within the meaning of Division 2 Part 4 of the Act,

(d)  adequate car parking (if relevant) can be provided and any increase in traffic will be small compared to existing traffic,

(e)  there will be minimal interference with the amenity of the area,

(f)  the development is generally in character with the scale and ambience of the immediate area, and

(g)  if the development will provide a service, there is a clear need for the service in the area.

cl 11: Subst 15.7.1994.

12 Floor space ratios

(1)  A person must not, on an allotment of land within a zone specified in Column 1 of Table 1 to the clause, erect a building with a floor space ratio that exceeds the ratio specified opposite that zone in Column 2 of Table 1.

(2)  Despite subclause (1), a dwelling-house on land within Zone No 2 (a) may be erected with a floor space ratio not exceeding 0.5:1.

Table 1

Column 1	Column 2
Zone	Ratio
2 (a)	0.30:1
2 (a1)	0.50:1
2 (b)	0.50:1
2 (c)	1.25:1
3 (a)	1.50:1
3 (b)	0.75:1
3 (c)	3.50:1
3 (d)	0.50:1
4 (a)	0.50:1
6 (c)	1.50:1
7 (c)	0.30:1

(3)  Despite subclauses (1) and (2), a person may, on an allotment of land within a zone specified in Column 1 of Table 2, erect a building with a floor space ratio that does not exceed the ratio specified opposite that zone in Column 2 of Table 2, but only if:

(a)  the site has an area of at least 2000 square metres of buildable land, and

(b)  the proposed development provides:

(i)  on land within Zone No 2 (a)—a minimum of 85 bedrooms per hectare, or

(ii)  on land within Zone No 2 (b)—a minimum of 125 bedrooms per hectare, and

(c)  the site is located within the area of land edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 206)”.

(4)  In this clause, buildable land means land on which the erection of a building is not constrained by being flood prone, subject instability, subject to easements or subject to restrictions of access.

Table 2

Column 1	Column 2
Zone	Ratio
2 (a)	0.4:1
2 (b)	0.55:1

(5)  Despite subclauses (1)–(3), a person may, on an allotment of land within the area bounded by Corrimal Street, Stewart Street, Crown Street and the Wollongong foreshore public recreation area, shown edged heavy black on sheet 4 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 114)”, erect a building with a floor space ratio not exceeding 2.5:1.

(6)  Despite subclauses (1)–(3), a person on an allotment of land, being Lots 19, 20, 21 and 22, DP 37869 and part of Lot 2, DP 868593, Bank Street, Wollongong, as shown edged heavy black on Sheet 4 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 166)”, erect a building with a floor space ratio of not more than 2.5:1.

(7)  Despite subclauses (1)–(3), a person may, on land being Lots 1 and A, DP 881773, Brompton Road, Bellambi, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 224)”, erect residential flats with a floor space ratio greater that 0.5:1 but not exceeding 0.75:1, provided that the development satisfies the sustainable development standards set out in Development Control Plan No 53: Bellambi Station Redevelopment, as adopted by the Council on 23 February 2004.

cl 12: Am 24.9.1993; 10.2.1995. Subst 1.9.1995. Am 1.9.1995; 14.6.1996; 7.11.1997; 20.3.1998; 1.2.2002; 13.8.2004.

cl 12, table: Am 29.8.1997.

12A Building heights

(1)  A person must not, on land described in Column 1 of Schedule 2A, erect a building with a height that exceeds the height specified opposite the land in Column 2 of that Schedule. For the purpose of this subclause, height means the distance between the ceiling level of the uppermost floor, measured at the outside wall, and the natural ground level or finished ground level, whichever is the lower.

(2)  A person must not, on land described in Column 1 of Schedule 2B, erect a building with a height that exceeds the height specified opposite the land in Column 2 of that Schedule. For the purposes of this subclause, height means the height of the highest point of the building or that part of the building specified in Column 2 of that Schedule as measured by a Relative Level in metres to Australian Height Datum.

cl 12A: Ins 1.9.1995. Subst 16.1.2004.

12B Gross floor area

A person must not, on land described in Column 1 of Schedule 2C, erect a building with a gross floor area that exceeds the gross floor area specified opposite the land in Column 2 of that Schedule.

cl 12B: Ins 16.1.2004.

13 Subdivision of land within Zone No 1, 7 (a), 7 (b) or 7 (d)

(1)  The Council shall not consent to the subdivision of land within Zone No 1 unless each allotment of land to be created by the subdivision will have an area of not less than 40 hectares.

(2)  The Council shall not consent to the subdivision of land within Zone No 7 (a), 7 (b) or 7 (d) unless:

(a)  each allotment of land to be created by the subdivision has an existing dwelling-house on it and no rights for additional dwellings are created, or

(b)  the subdivision is for the purposes of a minor boundary adjustment.

(3)  Notwithstanding subclauses (1) and (2), the Council may consent to the subdivision of land within Zone No 1, 7 (a), 7 (b) or 7 (d) so as to create an allotment with an area of less than 40 hectares, or an allotment on which there is not existing dwelling-house, if the Council is satisfied that the allotment is intended to be used for a purpose (other than agriculture or a dwelling-house) for which it may be used with the consent of the Council under this plan.

13A Subdivision within Zone No 7 (c1)

(1)  The subdivision of land within Zone No 7 (c1) is prohibited, except a subdivision for any of the following:

(a)  widening a public road,

(b)  making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,

(c)  rectifying an encroachment upon an allotment,

(d)  creating a public reserve,

(e)  excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bush fire brigade or other rescue service purposes or public conveniences.

(2)  The separate occupation of the proposed lots illustrated by a proposed strata plan relating to land within Zone No 7 (c1) is prohibited.

cl 13A: Ins 21.2.1997.

14 Dwelling-houses in Zone No 1, 7 (b) or 7 (d)

(1)  The Council shall consent to the erection of a dwelling-house on an allotment of land within Zone No 1, 7 (b) or 7 (d) only if there is no dwelling-house on the allotment and if the allotment:

(a)  is an existing holding which has an area of not less than 10 hectares, or

(b)  is an allotment:

(i)  which was created after 30 April 1971 but before 23 February 1984, and

(ii)  which has an area of not less than 20 hectares, or

(c)  is an allotment of not less than 40 hectares, or

(d)  is an allotment which was created before or after the appointed day:

(i)  by a subdivision approved by the Council not more than 2 years before that day, or

(ii)    (Repealed)

and if the Council is satisfied that:

(e)  adequate vehicular access will be provided to the site of the proposed dwelling-house or dwelling,

(f)  the erection of the proposed dwelling-house and associated activities on the allotment will not detract from the environment by way of visual intrusion, vegetation clearance, drainage pollution or bushfire risk, and

(g)  the proposed dwelling-house will be provided with an adequate water supply and means of disposal of sewage.

(2)  Notwithstanding subclause (1), the Council may consent to the erection on an allotment of land within Zone No 1:

(a)  of a second or subsequent dwelling-house where one or more dwelling-houses is or are situated on that allotment, or

(b)  of 2 or more dwelling-houses where no dwelling-house is situated on that allotment,

if it is satisfied that each dwelling-house on the land will be occupied by the owner of the allotment or by persons employed by that owner for the sole or primary purpose of carrying on agriculture or intensive agriculture on that allotment or on land adjoining that allotment.

(3)  The Council may, as a condition of its consent to the erection of a dwelling-house on an allotment of land within Zone No 1, 7 (b) or 7 (d), require the consolidation of the allotment with any other adjacent allotment in the same ownership.

cl 14: Am 15.7.1994.

14A Dwelling-houses in the Escarpment Core Area

Notwithstanding any other provision of this plan, the Council may consent to the erection of a dwelling-house on an allotment of land which is wholly within Zone No 7 (a) provided that:

(a)  immediately prior to the coming into effect of City of Wollongong Local Environmental Plan 1990 (Amendment No 38), the allotment was wholly within Zone No 7 (b), and

(b)  the allotment is an existing holding or an allotment referred to in clause 14 (1) (a), (b), (c) or (d).

cl 14A: Ins 1.10.1993.

14B Restriction on residential development in Helensburgh within Low Density Residential Zone

Despite any other provisions of this plan, the carrying out of the following development is prohibited on all land in Helensburgh within Zone No 2 (a):

(a)  development for the purposes of residential flats,

(b)  dual occupancy development (other than development for the purposes of granny flats).

cl 14B: Ins 14.6.1996.

15 Development in Zone No 5

Development may be carried out only with development consent on land within Zone No 5, being land specified in Column 1 of the Table to this clause and shown on the map, for the purpose specified opposite that land in Column 2 of that Table.

Table

Column 1	Column 2
(Special Uses)—lettered “5 (a)”, together with the name of the Special Use, in black lettering on the map.	The purpose indicated in black lettering on the map.
(Special Uses)—lettered “5 (b)” on the map.	Railways.
(Special Uses)—lettered “5 (c)” on the map.	Main roads.

16 Development in Zone No 7 (a)

(1)  The Council shall not consent to the carrying out of development on land within Zone No 7 (a), being land that is within a special area within the meaning of the Water Board Act 1987 and that is identified “Water Catchment” on the map, except with the concurrence of the Water Board.

(2)  In deciding whether concurrence as referred to in subclause (1) should be granted, the Water Board shall take into consideration the likelihood of waters in the special area concerned being polluted as a result of the carrying out of the proposed development.

17 Development in Zone No 7 (a), 7 (b) or 7 (d)

(1)  In deciding whether to grant consent to a development application to carry out development of any land within Zone No 7 (a), 7 (b) or 7 (d), the Council shall:

(a)  consider the visual impact of the proposed development when viewed from a public place, and take such measures as will, in its opinion, minimise any visual impact, and

(b)  be satisfied that the development minimises any detrimental impact on the environment by way of vegetation clearance, drainage pollution or bushfire risk.

(2)  The Council shall not grant development consent to an application to carry out development on land within Zone No 7 (a), 7 (b) or 7 (d) unless, after consultation with the Director of the National Parks and Wildlife Service, it is satisfied that:

(a)  the development will not have a detrimental effect on the rainforest or rainforest species, or

(b)  any detrimental effect on the rainforest or rainforest species can be justified by other factors.

(3)  The Council shall not grant consent to the carrying out of development for the purposes of forestry on land within Zone No 7 (a) unless the Council has consulted with the Forestry Commission and is satisfied that the development will be so managed as not to have any long term detrimental effect on the rainforest or any species of local or regional significance.

(4)  The Council shall not grant consent to the carrying out of development having the effect of bridging, obstructing or otherwise affecting waterways on land within Zone No 7 (a), 7 (b) or 7 (d) unless it has consulted with the Director of the National Parks and Wildlife Service or the Director-General of the Department of Agriculture and Fisheries (or both) and is satisfied that reasonable opportunities for wildlife movement will be maintained.

(5)  The Council shall not grant consent to an application to carry out development on land within Zone No 7 (a), 7 (b) or 7 (d) which, in the opinion of the Council, will involve significant tree felling or vegetation clearance unless it has consulted with:

(a)  the Director of the National Parks and Wildlife Service,

(b)  if the land is within a watercourse, the Director-General of the Department of Agriculture and Fisheries, and

(c)  if the application is for forestry purposes, the Forestry Commission,

and is satisfied that:

(d)  the development will be so managed as not to have any long term detrimental impact on opportunities for wildlife movement, or

(e)  any detrimental effect on opportunities for wildlife movement can be justified by other factors.

18 Lake Illawarra and the Hacking River

(1)  In deciding whether to grant consent to any application to carry out development of land which, in its opinion, may have a potential adverse impact on Lake Illawarra or the Hacking River, the Council shall take into consideration the effect of the proposed development on the water quality and ecology of the lake and river and the need to prevent sedimentation.

(2)  In deciding whether to grant consent to a development application to carry out reclamation of any land forming part of Lake Illawarra, the Council shall consider:

(a)  the likely effect of the reclamation on:

(i)  the ecology of Lake Illawarra and its riparian and aquatic vegetation,

(ii)  the hydrodynamics of the lake,

(iii)  the community use and enjoyment of the lake, and

(iv)  the amenity of adjoining lands, and

(b)  whether the proposals for the disposal of dredged materials are adequate.

(3)  The Council shall not grant consent to the carrying out of development of land on the foreshores of Lake Illawarra which is owned or leased by a public authority unless:

(a)  the development, by virtue of its scale and character, is consistent with the enjoyment of the lake and its foreshores by the general public, and

(b)  the development is such that adequate public access is maintained.

19 Foreshore development

(1)  The Council may, by resolution, fix a line (in this clause called a foreshore building line) in respect of any land fronting any bay, river, creek, lake, lagoon, harbour or ocean.

(2)  A foreshore building line shall, when fixed in accordance with subclause (1), be marked on a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the Council.

(3)  The Council may alter or abolish any foreshore building line fixed in accordance with subclause (1) where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4)  The erection of a building is prohibited between a foreshore building line and a bay, river, creek, lake, lagoon, harbour or ocean in respect of which the line is fixed.

20 Sand dune systems

In deciding whether to grant consent to a development application to carry out development on frontal or dynamic sand dunes other than for beach restoration purposes, the Council shall consult with the Commissioner of the Soil Conservation Service and the Director of Public Works and consider whether:

(a)  the development is likely to have a detrimental impact on the sand dune systems,

(b)  the development is likely to be detrimentally affected by the natural characteristics of the beach system, and

(c)  public access to the beach will be maintained.

21 Land suitable for future urban use

In deciding whether to grant consent to a development application to carry out development on land at West Dapto, Marshall Mount or Yallah, the Council shall take into consideration:

(a)  whether the proposed development is likely to prejudice the future use of the land for urban purposes, and

(b)  if the proposed development is likely to prejudice the future use of the land for urban purposes, whether the benefit to the community of the proposed development, if carried out, is greater than the costs to the community of refusing consent to the development application.

22 Airport buffer area

In deciding whether to grant consent to a development application to carry out development on land at Yallah, the Council shall have regard to the need to restrict development which may:

(a)  be subject to inappropriate noise levels from aircraft using Albion Park Aerodrome,

(b)  because of its height, restrict the operation of the airport, or

(c)  subject occupants of the land to an unnecessary safety risk.

23 Service corridors

(1)  This clause applies to land identified on the map as a service corridor.

(2)  A person shall only develop land to which this clause applies for a purpose which, in the opinion of the Council, does not conflict with the use of the land to which this clause applies as a service corridor.

24 Extractive industries and mines

(1)  In determining an application to carry out development on land for the purposes of an extractive industry or mine, the Council shall take into consideration measures proposed by the applicant:

(a)  to reinstate the land,

(b)  to remove waste material or refuse,

(c)  to secure public safety in the surrounding area, and

(d)  to protect the amenity of the neighbourhood.

(2)  The Council shall not grant development consent to the carrying out of development for the purposes of a new coal mine, or the expansion of an existing coal mine or other major coal industry, unless it is satisfied that:

(a)  there is a proposed environmentally acceptable mode of transport associated with the development which is, or is capable of being, integrated into a comprehensive system for handling all coal movements within the area of the land to which this plan applies, and

(b)  if public road haulage is the only feasible mode of transport, it is restricted to the most environmentally acceptable route.

(3)  Notwithstanding any other provisions of this plan, development consent is not required for the extraction of coal from within areas held under mining leases as at 1 February 1986 by Metropolitan, South Bulli or Elouera Collieries.

cl 24: Am 17.3.1995.

25 Community use of educational establishments

Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development for any community purpose (including development for the purposes of a meeting room, public hall, public library or recreation facility), whether for the purpose of gain or not, on an allotment of land on which development for the purposes of an educational establishment is carried out.

26, 26A (Repealed)

cl 26: Subst 6.5.1994. Am 15.7.1994. Rep 5.11.1999.

cl 26A: Ins 15.3.1991. Rep 5.11.1999.

27 Heritage items: items of State or regional significance

(1)  This clause applies to heritage items listed in Part 2 of Schedule 1.

(2)  A person shall not, in respect of a building, work, relic or place that is a heritage item:

(a)  demolish (which includes damage or deface), alter or move the building or work,

(b)  damage, despoil or move the relic or place, or any part of the relic or place,

(c)  excavate any land for the purpose of exposing or removing the relic, or

(d)  carry out any development on the land on which the building, work or relic is situated or on the land which comprises that place,

except with the consent of the Council.

(3)  The Council shall not grant consent to the carrying out of development in respect of a heritage item unless it has made an assessment of:

(a)  the significance of the item as a heritage item of the City of Wollongong,

(b)  the extent to which the carrying out of development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological architectural, natural or aesthetic significance of the item or its setting,

(c)  whether any stylistic or horticultural features of the item or its setting should be retained, and

(d)  whether the item constitutes a danger to the users or occupiers of that item or to the public.

(4)  The Council shall not grant consent to the carrying out of development for the purpose of altering a building that is a heritage item unless it has made an assessment of:

(a)  the colour, texture, style, size and type of finish of any materials to be used on the exterior of the building and the effect which the use of those materials will have on the significance and appearance of the exterior of the building and of any other building in its vicinity,

(b)  the style, size, proportion and position of openings for any windows and doors which will result from, or be affected by, the carrying out of the development, and

(c)  the pitch and form of the roof, if any.

(5)  The Council shall not grant consent to an application to demolish (which includes damage or deface) a heritage item listed in Part 2 of Schedule 1 as being of State significance unless:

(a)  it has notified the Heritage Council of its intention to grant consent, and

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

(6)  Nothing in this plan prevents the carrying out of development for the purposes of repair or maintenance for continued use of a functioning industrial heritage item.

(7)  Nothing in this clause requires the granting of development consent for work described in a conservation management plan which has been endorsed by the Council (in the case of items classified in Part 2 of Schedule 1 as being of regional heritage significance) or the Heritage Council (in the case of items classified in Part 2 of Schedule 1 as being of State heritage significance).

cl 27: Subst 7.1.2000. Am 17.12.2004.

28 Heritage items: items of local significance

(1)  This clause applies to heritage items listed in Part 1 of Schedule 1.

(2)  Development consent is required by this clause for development on the site of a heritage item.

(3)  The Council shall not grant consent to the carrying out of development on the site of a heritage item, unless it has made an assessment of the extent to which the carrying out of development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item or its setting.

cll 28: Subst 7.1.2000.

29 Heritage conservation areas

(1)  This clause applies to land within a heritage conservation area.

(2)  Development consent is required by this clause for development of land within a heritage conservation area.

(3)  The Council shall not grant consent to the carrying out of development in respect of land within a heritage conservation area, unless it has made an assessment of the extent to which the carrying out of development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, natural or aesthetic significance of the heritage conservation area.

cll 29: Subst 7.1.2000.

29A Advertised development

(1)  The following development is identified as advertised development:

(a)  the demolishing (which includes damaging or defacing) of a heritage item or a building, work, relic, tree or place within a heritage conservation area, or

(b)  the carrying out of any development allowed by clause 29D.

cll 29A–29D: Ins 7.1.2000.

29B Development of known or potential archaeological sites

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

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

(b)  it has notified that Director-General of its intention to do so and taken into consideration any comments received from that Director-General within 28 days after the notice was sent, 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 and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent, and

(c)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

cll 29A–29D: Ins 7.1.2000.

29C Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

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

cll 29A–29D: Ins 7.1.2000.

29D Conservation incentives

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

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

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

(2)  When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the Council may, for the purpose of determining:

(a)  the floor space ratio, and

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

exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land, but only if the Council is satisfied, in the case of land on which a heritage item is located, that the conservation of the item depends on it making the exclusion.

cll 29A–29D: Ins 7.1.2000.

30 Services

The Council shall not consent to the carrying out of development on any land unless:

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

(b)  arrangements satisfactory to the Council have been made for the provision of that supply and those facilities.

30A Restricted development

A person may carry out development on or with respect to land described in Column 1 of Schedule 5, being development specified for that land in Column 2 of that Schedule, only if each condition specified for that development in Column 3 of that Schedule is met.

cl 30A: Ins 29.8.1997.

31 Relocation of main roads

(1)  The Council shall not, without the consent of the Director of the Department of Planning, cause a main road to be aligned or realigned.

(2)  A road or other means of access which forms an intersection with a main road shall not be opened without the consent of the Council.

(3)    (Repealed)

cll 31: Am 17.12.2004.

32 Consideration of certain applications

(1)  The Council shall, in respect of an application to carry out development on land within view of any waterway or adjacent to any main road, railway, public reserve or land zoned as open space, take into consideration the probable aesthetic appearance of the proposed building or work on that land when used for the proposed purpose and viewed from that waterway, main road, railway, public reserve or land zoned for open space.

(2)  The Council shall, in respect of an application to carry out development likely to cause increased vehicular traffic on any road in the vicinity of that development, take into consideration:

(a)  whether adequate vehicular exits from and entrances to the sites have been provided so that vehicles using those exits and entrances will not endanger persons using those roads,

(b)  provision of space on the site or on land adjoining the site, other than a public road, for the parking or standing of such number of vehicles as the Council may determine, and

(c)    (Repealed)

(d)  whether adequate space has been provided within the site of the building or development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

cll 32: Am 17.12.2004.

33 Advertised development

For the purposes of the Act, the following development is advertised development:

(a)  development included in item 4 of the matter in the Table to clause 9 for any zone, and

(b)    (Repealed)

cl 33: Am 30.9.1994. Subst 5.11.1999. Am 9.5.2003.

34 Tree preservation

(1)  The Council may, by resolution, make a tree preservation order.

(2)  A tree preservation order may prohibit the ring barking, cutting down, topping, lopping, removing, injuring or destruction of any tree (other than where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous) except with the consent of Council.

(3)  A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the City of Wollongong or any divisions of that city.

(4)  A person shall not contravene, or cause or permit the contravention of a tree preservation order.

(5)  The Council shall not grant consent as referred to in subclause (2) unless it has made an assessment of the importance of the tree in relation to:

(a)  soil stability and prevention of land degradation,

(b)  scenic or environmental amenity, and

(c)  vegetation systems and natural wildlife habitats.

(6)  This clause does not apply to trees in a State forest or on other Crown-timber lands within the meaning of the Forestry Act 1916, or to trees required to be lopped in accordance with Regulation 38 or 39 of the Overhead Line Construction and Maintenance Regulations 1962.

35 Acquisition of land within Zone No 9

(1)  The owner of land within Zone No 9 (being land specified in Column 1 of the Table to this clause) may, by notice in writing, require the public authority specified opposite that land in Column 2 of that Table to acquire that land.

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

(3)  Until the land referred to in subclause (1) is acquired by the public authority concerned, development for any purpose may, with the consent of the Council, be carried out on that land.

(4)  The Council shall not grant consent to the carrying out of development of land to be acquired by a public authority other than itself, unless it obtains the concurrence of the public authority which is to acquire that land.

(5)  The Council may, in granting consent in accordance with subclause (4), apply conditions requiring:

(a)  the removal of the building or work for which it has granted consent,

(b)  the reinstatement of the land or removal of any waste materials or refuse, or

(c)  compliance with any condition requested by the public authority in granting its concurrence,

with or without the payment of compensation by the public authority.

(6)  In considering whether to grant concurrence under subclause (4), the public authority concerned shall take into consideration:

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

(b)  the imminence of acquisition.

Table

Column 1	Column 2
Land within Zone No 9 and marked “9 (a)” and “Technical College” on the map	Minister for Further Education, Training & Employment
Land within Zone No 9 and marked “9 (a)” and “School” on the map	Minister for Education
Land within Zone No 9 and marked “9 (a)” and “Hospital” on the map	Minister for Health
Land within Zone No 9 and marked “9 (a)” and “Parking” on the map	The Council
Land within Zone No 9—Proposed local road and lettered “9 (c)” on the map	The Council
Land within Zone No 9—Proposed Open Space and lettered “9 (d)” on the map	The Council
Land within Zone No 9 and marked “9 (a)” and “University Purposes” on the map	University of Wollongong

cl 35, table: Am 3.1.1992.

36 Acquisition and development of land reserved for roads

(1)  The owner of any land within Zone No 9 (being land marked “9 (b)” on the map) may, by notice in writing, require the RTA to acquire the land.

(2)  On receipt of such a notice, the RTA must acquire the land if:

(a)  the land is vacant, or

(b)  the land is not vacant but:

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

(ii)  the RTA has decided not to give concurrence under subclause (3) to an application for consent to the carrying out of development on the land, or

(iii)  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,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated as a public road.

(3)  A person may, with the consent of the Council and the concurrence of the RTA, carry out development on land within Zone No 9 (being land marked “9 (b)” on the map):

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

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

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

(a)  the need to carry out development on the land for the purpose for which the land is reserved,

(b)  the imminence of acquisition,

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

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

(6)  In this clause:

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

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences.

37 Development in Zone No 6 (a) or 9

In deciding whether to grant consent to the carrying out of development on land within Zone No 6 (a) or within Zone No 9 and marked “9 (d)” and “Proposed Open Space” on the map, being land owned or controlled by the Council, the Council must take into consideration the following matters:

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

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

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

37A Classification of land as community land

All land within Zone No 6 (a) or within Zone No 9 and marked “9 (d)” and “Proposed Open Space” on the map, being land owned or controlled by the Council, is classified as community land.

cll 37A: Ins 11.2.1994.

37B Reclassification of public land as operational land

The land referred to in Schedule 4 has been reclassified from community land to operational land.

cll 37B: Ins 11.2.1994.

37C Classification or reclassification of public land as operational land

The community land described in Schedule 4A is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

cl 37C: Ins 20.10.2000.

37D Classification or reclassification of public land as operational land

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

(2)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Schedule 4B, 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 any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(aa)  those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the land in Schedule 4B, and

(a)  any reservations that except land out of a Crown grant relating to the land, and

(b)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

(3)  In this clause, the relevant amending plan in relation to a parcel of land described in Schedule 4B means the local environmental plan that inserted the description of the parcel of land into that Schedule.

(4)  Before the relevant amending plan that inserted the description of a parcel of land into Schedule 4B was made, the Governor approved of subclauses (2) and (3) applying to the land.

cl 37D: Ins 10.11.2000. Am 25.5.2001; 5.7.2002; 20.8.2004.

38 Development of land within Zone No 3 (e)

(1)  This clause applies to land described in Schedule 5A.

(2)  Consent must not be granted for development of any land to which this clause applies unless the consent authority has had regard to a master plan for all of the land to which this clause applies that has been approved by the Director-General.

(3)  Subdivision of land to which this plan applies is prohibited unless the consent authority is satisfied that the subdivision is for the purpose only of defining the boundaries of lots that are to be the subject of leases.

(4)  State Environmental Planning Policy No 11—Traffic Generating Developments does not apply to so much (if any) of the land to which this plan applies as is subject to a master plan approved by the Roads and Traffic Authority.

cl 38: Am 3.1.1992. Subst 15.7.1994. Am 10.2.1995. Rep 5.11.1999. Ins 16.1.2004.

38A Master plan for land within Zone No 3 (e)

(1)  This clause applies to the land described in Schedule 5A.

(2)  In this clause, master plan means a document that describes itself as a master plan and consists of written information, maps and diagrams that comprise a scheme for the future development of the land to which it applies.

(3)  A draft master plan or amendment to a master plan for any land may be prepared by, or on behalf of, the owner or lessee of the land or by the Council.

(4)  After the preparation of a draft master plan or amendment to a master plan, the Council must cause the master plan:

(a)  to be advertised in a newspaper circulating in the locality of the land to which this clause applies, and

(b)  to be publicly exhibited for not less than 28 days for comment.

(5)  After being advertised and publicly exhibited, the draft master plan or amendment to the master plan is to be forwarded to the Director-General by the Council, together with any written comments on it received by the Council during the exhibition period.

(6)  The Director-General may adopt the master plan or amendment to the master plan without alteration or with such alteration as the Director-General considers appropriate.

(7)  In considering whether or not to approve a draft master plan or amendment to a master plan, the Director-General must take into account:

(a)  any written submissions made about the draft master plan or amendment to the master plan during the exhibition period, and

(b)  any other matters the Director-General considers relevant to development of the land to which this clause applies.

(8)  When a master plan or amendment to a master plan is adopted, the Council must advertise the adoption of the master plan in a newspaper circulating in the locality of the land to which this clause applies.

(9)  A master plan may be replaced by a subsequent master plan.

(10)  An amendment to a master plan may be dealt with concurrently with a development application.

(11)  A master plan and supporting background studies are to be reviewed as specified in the master plan.

cl 38A: Ins 30.9.1994. Am 5.11.1999. Rep 9.5.2003. Ins 16.1.2004.

39 Additional development

Despite the other provisions of this plan, a person may, with the consent of the Council, carry out development on land referred to in Column 1 of Schedule 2 for a purpose specified in Column 2 shown opposite that land, subject to any requirements or limitations specified in Column 3 shown opposite that land being met.

cl 39: Am 28.2.1997.

39A Prohibited development

On land described in Column 1 of Schedule 3A, development for the purpose of a building, work, place or land use specified for that land in Column 2 of that Schedule is prohibited.

cl 39A: Ins 28.2.1997.

39B Connection to reticulated sewerage system—certain land within Zone No 4 (a) fronting Princes Highway, Yallah

(1)  This clause applies to so much of Lots 10 and 13, DP 262279 and so much of Lot 2, DP 881749, Princes Highway, Yallah, as is within Zone No 4 (a) and shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 193)”.

(2)  Despite any other provision of this plan, the Council must not grant consent to the carrying out of development on an allotment of land to which this clause applies unless each allotment is connected to the Sydney Water Corporation’s reticulated sewerage system.

cl 39B: Ins 23.2.2001.

40 Suspension of certain laws etc

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

(2)  Nothing in subclause (1) shall affect the rights or interests of the Council or a public authority under any registered instrument.

(3)  Pursuant to section 28 of the Act, before the making of this plan the Governor approved of subclause (1).

41 Savings

Nothing in this plan shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit:

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

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

42 Continued operation of cl 38A to certain development applications

Clause 38A, as in force immediately before its repeal by City of Wollongong Local Environmental Plan 1990 (Amendment No 207), continues to have effect in relation to any development application made before that repeal as if that clause had not been repealed.

cl 42: Ins 9.5.2003.

Schedule 1 Items of heritage significance

(Clause 6 (1))

Part 1 Items of local significance

Item Type	Item	Address / Location
	HELENSBURGH
B	Cottage	12 Robertson Street
B	Cottage	16 Robertson Street
B	Cottage	20 Robertson Street
B	Masonic Temple	Robertson Street
B	Postman’s Track	Between Lukin Street and Railway
B	House	35 Vera Street
B	Railway Cottage	Cnr Tunnel Road and Vera Street
B	Cottage	12 Foster Street
B	Residence, former Police Station	Lukin Street
B	Residence, former Post Office	Cnr Lukin and Parkes Streets
B	Primary School	Lukin Street
B	School Residence	End of Fletcher Street
B	Community Hall	Parkes Street
B	Company Houses	4–10 Junction Street
B	Hanley’s Hotel	Cnr Parkes and Walker Streets
B	Post Office	Cnr Parkes and Walker Streets
B	Police Station and Lock-up	114 Parkes Street
B	Cottage	5 Hay Street
B	“Willdys”	16 Hay Street
B	Cottage	15 Hay Street
B	Sri Venkatewara Temple	Temple Road
A	Cemetery	Helensburgh
L	Helensburgh Park and pines	Helensburgh
A, B	House and associated land	10 Princes Highway
	OTFORD
B	Semi-detached houses	4, 5, 6, 7 Lady Carrington Road
B	Former Railway Cottage	42 Lady Carrington Road
B	House	Station Road, opposite Primary School
B	Residence, former Post Office	120 Otford Road
	STANWELL PARK / STANWELL TOPS
L	Former Garden of Peace	Cnr Longview Crescent and Stonehaven Road
B	St George’s Anglican Church	54 Stanwell Avenue
B	House	57 The Drive
B	“Seabreeze”	45 The Drive
L	Wet Sclerophyll Forest	Old Coast Road
L	Wet Sclerophyll Forest	Park Parade and The Drive
	COALCLIFF / CLIFTON
B	School of Arts	338 Lawrence Hargrave Drive
B	Cottage	Clifton School Parade
B	Former School Residence	Clifton School Parade
B	Imperial Hotel	Lawrence Hargrave Drive
L	Stand of Norfolk Island Pines	Lawrence Hargrave Drive, Clifton
A	Entrance Portal	Coal Cliff Colliery, Cliff Face
	SCARBOROUGH / COLEDALE / WOMBARRA
B	Primary School	317 Lawrence Hargrave Drive, Scarborough
B	Scarborough Hotel	383 Lawrence Hargrave Drive, Scarborough
B	Police Station	393–395 Lawrence Hargrave Drive, Scarborough
B	House	Cnr Lawrence Hargrave Drive and Goodrich Street, Scarborough
B	Former Anglican Church	464 Lawrence Hargrave Drive, Scarborough
B	“Aliumar”	129 Morrison Avenue, Wombarra
L	Wombarra General Cemetery	Lawrence Hargrave Drive, Wombarra
L	Norfolk Island Pines	Beach front, Lawrence Hargrave Drive, Coledale
L	Norfolk Island Pines	South Coledale Beach
	AUSTINMER
B	House	1 Headlands Avenue
B	Austinmer School Residence	92–94 Lawrence Hargrave Drive
C	Austinmer Heritage Conservation Area	Moore Street and The Grove
B	“Workshop”	Cnr Gilchrist and Moore Streets
B	Uniting Church	48 Moore Street
B	Shop and House	57 Moore Street
B	Group of Shops	34–40 Moore Street
B	“Cintra”	15 Wigram Road
B	House “Brentwood”	55 Lawrence Hargrave Drive
B	The Outlook	14 Oceana Parade
B	War Memorial	Austinmer Main Beach
L	Norfolk Island Pines	Lots 87–95, DP 9233, Headland Avenue and Yuruga Street
L	Norfolk Island Pines	Austinmer Main Beach
L	Norfolk Island Pines	North Austinmer Beach
L	Glastonbury Gardens	Lawrence Hargrave Drive
	THIRROUL
B	House	10 Cliff Road, Cnr Spray Street
B	Formers Kings Theatre	264–270 Lawrence Hargrave Drive
B	House	11 Station Street, Cnr King Street
B	“Woodville”	Station Street, Cnr McCauley Street
B	House	42 Pass Avenue
B	House “Oceana”	36 Pass Avenue
B	Thirroul Public School	Church Street
B	Former Methodist Church	Lawrence Hargrave Drive
B	War Memorial WWI	Adjacent to former RSL Club
B	House	227 Lawrence Hargrave Drive
B	House	229 Lawrence Hargrave Drive
B	House	1 Lachlan Street
B	Uniting Church	Lachlan Street
B	House	6 Lachlan Street
B	House	10 Lachlan Street
B	Houses	2, 4, 6 Raymond Street
B	House (former Guest House)	6 Mary Street
B	House and Garden	58 Redman Road
B	Old Railway Barracks	Cnr Lawrence Hargrave Drive and Church Street
B	House	73 Princes Highway
L	Fig Tree (Ficus Obliqua)	54–58 Fords Road, on the boundary of No 50
L	Group of Fig and Turpentine	End of Tasman Parade
L	Thirroul Beach Reserve	The Esplanade
L	Fig Tree	Hewitts Avenue
L	Small Leafed Fig	Lawrence Hargrave Drive
	BULLI
B	Bulli Post Office	Princes Highway next to former Joint Stock Bank
B	Memorial Obelisk	Park Road
B	St Augustine Anglican Church of Australia and Cemetery	Park Road
B	House	28 Park Road
B	House	52 Park Road
B	House	56 Park Road
B	House	60 Park Road
B	House	62–64 Park Road
B	House	8 Fowler Road
B	House	10 Fowler Road
B	Houses	81–101 Farrell Road
B	WWI Memorial	Slacky Flat Park, Princes Highway
B	Former Bakery and Outhouse	208 Princes Highway
B	House	226 Princes Highway
B	House	227 Princes Highway
B	House	230 Princes Highway
B	House	242 Princes Highway
B	House	244 Princes Highway
B	Former Guest House	300 Princes Highway
B	House	312 Princes Highway
B	Former Ambulance Station	322 Princes Highway
B	Former Sherbrooke Union Church	Grevillea Park
L	Remnant of Coastal Turpentine Forest	Sturdee Avenue
L	Norfolk Island Pine Beachfront Planting	Bulli Point, Point Street
L	Norfolk Island Pine Beachfront Planting and row of Phoenix Palms	Bulli Beach and Park Street
A, L	General Cemetery	Carrington Street
	WOONONA
B	Ivycliff	16 Mitchell Road
B	Woonona Uniting Church	444–446 Princes Highway
B	Former Vista Theatre	335–339 Princes Highway
B	Woonona Post Office	430 Princes Highway
B	Woonona / Bulli School of Arts	479 Princes Highway
B	Former Friendly Society Hall	353 Princes Highway
B	Former Garage	355 Princes Highway
B	Former Bank	359 Princes Highway
B	Commercial Building	373–375 Princes Highway
B	House	511 Princes Highway
B	Woonona Infants School	Grey Street
B	House	78 Campbell Street
B	House	147 Campbell Street
B	House	19 Russell Street
B	House	24 York Road
B	House	6 High Street
L	Norfolk Island Pines	Mitchell Road
L	Pendlebury Rest Park	Cnr Princes Highway and Grey Street
	RUSSELL VALE / BELLAMBI
B	Bellambi Hotel	5–7 Bellambi Lane, Bellambi
L	Hill Figs	Terania Street, Russell Vale
L	Avenue of Planting	Keerong Street, Russell Vale
L	Moreton Bay Fig	Russell Vale Golf Course
L	Bellambi Lake and Sandpit Point	Bellambi
	CORRIMAL / TARRAWANNA
B	Corrimal Public School	Wilga Street
B	House “The Ridge”	Laneway from Corrimal Street, Tarrawanna
B, L	House and Garden	45 Underwood Street
B	Former Headmaster’s Residence—Corrimal Public School	96 Princes Highway
B	Corrimal Hotel	264–268 Princes Highway
B	Ziem’s Shops and Outbuildings	330 Princes Highway
L	Towradgi Creek Corridor	Tarrawanna Corrimal
L	Residential Garden	The Avenue and Frances Street
L	Park	Railway and Duff Parade
L	War Memorial	Railway Street
L	Ficus obliqua	Bloomfield Park (rear of No 20 Lyndon Street)
L	Farrell Park	Tarrawanna
	FAIRY MEADOW / BALGOWNIE / MT OUSLEY
B	House	459 Princes Highway, Fairy Meadow
B, L	Balgownie Hotel	141–43 Balgownie Road, Balgownie
B	Street Front Shop	135 Balgownie Road, Balgownie
B	Balgownie Public School and Residence	Balgownie Road and Chalmers Streets, Balgownie
B	Balgownie Community Centre	Balgownie Road, Balgownie
B	House	37 Ellengowan Crescent, Fairy Meadow
B	House	18 Strone Avenue, Mt Ousley
B	House	31 Burling Avenue, Mt Ousley
B	House	3 Sansey Avenue, Mt Ousley
	WOLLONGONG / CONISTON / MANGERTON / KEIRAVILLE / FIGTREE
B	House	48 Atchison Street
B	House	50 Atchison Street
B	“Carthona”	52 Atchison Street
B	House	54 Atchison Street
B	California Flats	7–9 Burelli Street
B	House	18 Bridge Street, Coniston
B	St Andrew’s Presbyterian Church and Hall	Cnr Burelli and Kembla Streets
B	“The Lodge”	22 Campbell Street
B	House	73–75 Campbell Street
B	Shop	81 Church Street
B	House	117 Corrimal Street
B	House	9 Crown Lane, Wollongong East
B	Comelli Bros Building	48–50 Crown Street
B	“Lisborne House”	70 Crown Street
B	Shops	74 Crown Street
B	Shop	87 Crown Street
B	Royal Bank	133 Crown Street
B	Row of Shops	230–264 Crown Street
B	Former Marcus Clark Building	281–291 Crown Street
B	City Pacific International former Crown Hotel	311 Crown Street
B	Former Waters Building	313–323 Crown Street
B	Hotel	329 Crown Street
B	House	366 Crown Street, Wollongong West
B	House	27 Edward Street, North Wollongong
B	House (former Coach House)	10A Flinders Street
B	House	31 Foley Street, North Wollongong
B	House	4 Gladstone Avenue, West Wollongong
B	Trade School (TAFE)	36 Gladstone Avenue
B	House	28A Harbour Street
B	House	30 Harbour Street
B	House	32 Harbour Street
B	St Mary’s Convent and Secondary Girls’ School and Chapel	Harbour Street
B	House	18 Hercules Street
B	“Esslemont”	23 Keira Street
B	House	60 Keira Street
B	House	62 Keira Street
B	House	125 Keira Street
B	Shops	124–128 Keira Street
B	Shops	135–145 Keira Street
B	Shop	147 Keira Street
B	Regent Cinema	197 Keira Street
B	House	13 Kembla Street
B	House	46 Kembla Street
B	House	66 Kembla Street
B	Three Picnic Shelters	WA Lang Park
B	House	48 Loftus Street
B	Bandstand and Marble Plaque commemorating Bass and Flinders’ landing	Market Square Park, Wollongong East
B	Mt Keira Scout Camp	Mt Keira Road
B	House	24 Mt Keira Road
B	North Wollongong Hotel (formerly Bode’s Hotel)	Princes Highway
B	House (Harrigan’s Family Home)	18 Regent Street
B	Row of California Bungalows	8–16 Robinson Street
B	House	26 Smith Street
B	House	1 Taronga Avenue, West Wollongong
B	House	34 Porter Street
L	Mangerton Park	19 Eastern Avenue to end of Eirene Street, Mangerton
L	Hoop pine	Woodlawn Avenue, Mangerton
L	Significant Remnant Bushland	Reservoir Reservation, Powell Street
	Stand of Turpentine	Mangerton
L	Stand of mature Blackbutts	Norman Street, Mangerton
L	Streetscape dominated by mature Blackbutts	Meares Avenue, Mangerton
L	Streetscape of Mature Blackbutts and Turpentine	Reservoir Street, Mangerton
L	Row of Canary Island Date Palms	South side of Gipps Street
L	Row of Canary Island Date Palms	North side of Robinson Street, Garden Hill
L	Significant trees in Reserve	Public Reserve between Gipps Road and Shoobert Crescent, Keiraville
A	Wollongong Cemetery	Swan and Kenny Streets and Cemetery Road
L	Row of Canary Island Date Palms	Eastern side of View Street, North Wollongong
L	Group of Norfolk Island Pines and Canary Island Palms	Stuart Park
L	Row of Hills Figs	Burelli Street
L	Norfolk Island Pine	Crown Street, Wollongong adjacent to Tourist Information Bureau
L	Row of Canary Island Date Palms	Rawlinson Avenue
L	Moreton Bay Fig	Beatson Park, Crown Street
L	Canary Island Date Palms	McCabe Park, Church Street
L	Small leafed Fig	Cnrs of Stewart, Church and Kembla Streets
L	Magnolia “Wye Lodge”	63 Smith Street
L	Magnolia	Cnr Bourke and Virginia Streets
L	St Michael’s Anglican Church of Australia trees in ground (excluding those west of Old Rectory)	Market and Church Streets
L	Moreton Bay Fig	Off Crown Street, adjacent Masonic Club
L	Group of Fig Trees	Grounds of Wollongong Hospital, Crown Street
L	Group of Trees	Rear of North Wollongong Hotel, Flinders Street
L	Fig Tree	Cnr Arter and Goodbury Streets, Figtree
L	Moreton Bay Fig	Princes Highway, Figtree
L	Group of Fig Trees	Figtree Villas O’Briens Road, Figtree
L	Railway Cuttings and Embankments	Wollongong Foreshore from North Beach to Belmore Basin
	MT KEMBLA
B	Mount Kembla (Julian’s) Hall	2 Benjamin Road
B	Mt Kembla Hotel	Cordeaux Road
B	Former St Clement’s Roman Catholic Church	Cordeaux Road
B	Post Office / Store	Cordeaux Road
B	Stinsons Cottage	310 Cordeaux Road
B	House	315 Cordeaux Road
B	House	321 Cordeaux Road
B	Slow’s Cottage	336 Cordeaux Road
B	Cottage	Cnr Kirkwood Place and Benjamin Road
	PORT KEMBLA / BERKELEY / PRIMBEE / WARRAWONG / LAKE HEIGHTS
B	Concrete Tank Barriers	Northern end of beach, Port Kembla
B	Port Kembla Primary School	Military Road, Port Kembla
B	St Stephen’s Anglican Church of Australia	Cnr Illawarra and Military Roads, Port Kembla
B	Rectory and Hall	Military Road, Kembla Grange
B	Fire Station	Military Road, Kembla Grange
B	Commonwealth Bank	31–40 Wentworth Street, Port Kembla
B	Mural	Building near cnr of Wentworth Road and Church Street, Port Kembla
B	“Gala” cinema	Cowper Street, Warrawong
B	House and Shop	Military Road, Port Kembla
B	Remains of original Ocean Baths	Gloucester Boulevard, Port Kembla
B	Bomb Shelter	59 Military Road, Port Kembla
B	Saint Kliment Ohridski, Macedonian Orthodox Church	58–60 Keira Street, Port Kembla
B	Former N.E.S. Hall	Keira Street, Port Kembla
L	Garden (around existing house and adjacent driveway)	2 Electrolytic Street, Port Kembla
L	Lake Islands	Lake Illawarra (Hooke Island and Goosebury Island)
L	Araucaria heterophylla	Lake Illawarra Holiday Park
L	Vegetated Hill and swamp	North of Korrongulla Swamp
L	Fig Tree	8–10 Grandview Parade, Lake Heights
L	Fig Tree	Reserve cnr James Avenue and Korungulla Avenue, Primbee
L	Rainforest Remnants	Berkeley Hills, both sides of Berkeley Road
	UNANDERRA
B	Former Unanderra Council Chambers	Princes Highway
	FARMBOROUGH
B	House “Non Such” / “Farmborough”	Farmborough Road
L	Moreton Bay Fig	Farmborough Road
	BROWNSVILLE
B	Former Illawarra Lake Hotel	11 Prince Edward Drive
C	Brownsville Heritage Conservation Area	Hore Street, Prince Edward Drive and Brownsville Avenue
	KOONAWARRA / MOUNT BROWN / KANAHOOKA
B	Memorial wall, Dapto War Memorial	Bangaroo Avenue
	Olympic Swimming Pool	Mount Brown
B	Military Bunker	Part Lot 4, DP 541796
	WEST DAPTO / WONGAWILLI / DAPTO
B	House “Standykes”	Sheaffes Road, West Dapto
B	House “Glen Ayre”	Sheaffes Road, West Dapto
A	Bong Bong Pass	End of Bong Bong Road, West Dapto
B	Reed Park Gates	Bong Bong Road, Dapto
L	Cabbage Palms	Wongawilli Road, Wongawilli
L	Fig Trees	Wongawilli Road, Wongawilli
B	House “Coral Vale”	Smith’s Lane, Wongawilli
B	Hay Shed “Coral Vale”	Smith’s Lane, Wongawilli
B	Former “Coral Vale” kitchen	Smith’s Lane, Wongawilli
L	“Barlyn” Homestead and gardens	Darkes Road, Dapto
L	Bunya Pines and figs	Paynes Road, Dapto
L	Hoop pines	Paynes Road, Dapto
L	Cemetery	Reddall’s Road, Dapto
L	Moreton Bay Fig	West Dapto Road, adjacent to Dapto Creek
	DAPTO CENTRAL
B	Former Fairley’s Building	1–11 Bong Bong Road
B	Dapto Hotel	102–110 Princes Highway
B	Former Crystal Clothing Factory	14–16 Marshall Street
B	Cleveland Road Rail Bridge	Cleveland Road
L	Bunya Pine	93–97 Princes Highway
L	Bunya Pine	Uniting Church, 126–128 Princes Highway
B	House	13 Marshall Street, Dapto
B	House	10 Marshall Street, Dapto
B	Station Master’s Residence	Dapto Railway Station
B	House	206 Princes Highway, Dapto
B	House	214 Princes Highway, Dapto
B	House	222 Princes Highway, Dapto
L	Mt Brown Reserve	Koonawarra / Dapto
	CLEVELAND, AVONDALE AND MARSHALL MOUNT ROADS, WEST DAPTO
B	House “Logbridge Farm”	Marshall Mount Road
B	Marshall Mount Progress Association Hall	Marshall Mount Road
B	House “Glen Avon”	Cleveland Road
B	House “Mooreland”	Avondale Road
B	House “Linbrook”	South Avondale Road
L	Trees (former site of “Banares”)	Cleveland Road

A = ARCHAEOLOGICAL ITEM
B = BUILT ITEM
C = CONSERVATION AREA
L = LANDSCAPE ITEM
P = POTENTIAL ARCHAEOLOGICAL ITEM

Part 2 Items of State and regional significance

Item Type	Item	Address / Location	Level of Significance
	RURAL
L	Significant Landscape Areas—Illawarra Escarpment	Land shown edged heavy black on Sheets 66, 67 & 68 of heritage map	S
	GARRAWARRA
C	Garrawarra Hospital Heritage Conservation Area	Princes Highway	R
L, B	Gates and Gatehouse	Garrawarra Hospital	R
B	Administration Building	Garrawarra Hospital	R
B	Kitchen Blocks	Garrawarra Hospital	R
B	Kitchen and Store Block	Garrawarra Hospital	R
B	Staff Cafeteria, Nurses Hostel	Garrawarra Hospital	R
B	Residential Houses	Garrawarra Hospital	R
A, L	Cemetery	Old Princes Highway, Garrawarra Hospital	R
	HELENSBURGH
B	Railway Station	Tunnel Road	R
B	Charles Harper Monument and Park	Parkes Street	R
A	Railway Tunnel (disused)	End of Vera Street	R
A	Railway Station Platform	End of Tunnel Road	R
A	Railway Tunnel (disused)	Off Cawley Road	R
A	Railway Tunnels	Lilyvale siding	R
A	Metropolitan Colliery	Helensburgh	R
	OTFORD / ROYAL NATIONAL PARK
B	Shacks and Cabins	Bulgo Beach, Royal National Park	R
B	Shacks and Cabins	Era Beach, Royal National Park	R
B	Shacks and Cabins	Burning Palms, Royal National Park	R
B	Shacks and Cabins	Little Garie Beach, Royal National Park	R
B	Former Station Masters House	40 Lady Carrington Road, Otford	R
A	Otford Tunnel	Between Stanwell Park / Otford on disused railway line	S
	STANWELL PARK
B	“Interbane”	26 Lawrence Hargrave Drive	R
B	“Hillcrest”	Railway Crescent	S
L	Lawrence Hargrave Memorial Park	Otford Drive	S
A	Railway Viaduct	Stanwell Creek Gorge	S
L	Tunnel and old railway alignment	Chellow Dene Drive	R
	COALCLIFF / CLIFTON
L	Moranga Park	Lawrence Hargrave Drive, Clifton	R
L	Cliff Vegetation	Clifton, North of Moranga Park	R
A	Tunnel No 8	Railway Tunnel, Illawarra Line, Coalcliff	S
A	Coke Ovens	Coalcliff Colliery, Illawarra Coke 6	S
	SCARBOROUGH / COLEDALE / WOMBARRA
B	Railway Station	Scarborough	R
B	Railway Station	Coledale	R
B	Miners’ Cottages	438–446, 443, 445, 449, 453, 455 Lawrence Hargrave Drive, Scarborough	R
A	Sawmill	12 Morrison Avenue, Wombarra	R
	AUSTINMER
B	Austinmer Railway Station	End of Moore Street	R
A	Site of Austinmer Jetty	North of Long Point	R
	THIRROUL
B	“Wyewurk”	3 Craig Street	S
B	Thirroul Baths Precinct	Bath Street	R
B	Thirroul Railway Station	Railway Parade	R
B	Massandra	16–24 Fords Road	R
	BULLI / WOONONA
C	Bulli Heritage Conservation Area	Area around business centre and railway	R
C	Old Bulli Conservation Area	Princes Highway	R
B	Rail Bridge	Over Princes Highway, Bulli near Hobart Street Junction	R
B	Denmark Hotel and Stables	202 Princes Highway, Bulli	R
B	Bulli Family Hotel	Princes Highway cnr Stokes Lane, Bulli	S
B	Former Joint Stock Bank	203 Princes Highway, cnr Park Street, Bulli	R
B	Methodist Manse and Church	191 Princes Highway, Bulli	R
B	Miners’ Cottage	200 Princes Highway, Bulli	R
B	Bulli Railway Station	Franklin Avenue and Railway Street, Bulli	R
B	Bulli Station Master’s Residence	Park Road, Bulli	R
B	Boat Sheds	Sandon Point, Bulli	R
B	Former Shire Council Chambers	328 Princes Highway, Bulli	R
B	Bulli Police Station and Court House	329–331 Princes Highway, Bulli	R
B	Woonona Industrial Co-operative Society	20–22 Ball Street, Woonona	R
A	Site of former “Biddulph Farm”	North of Rixons Pass Road, Bulli Tops	R
L	Old Mountain Road	North of Rixons Pass Road, Bulli Tops	R
L	Rixons Pass Road—Walls	Rixons Pass, Woonona	R
A	Bulli Colliery —  Shaft No 1 excluding fan (c 1948) from Nebo —  Shaft No 2 original shaft sinking head frame with winding equipment	Bulli Colliery, west of Princes Highway	R
A	Bulli Colliery Old Pit Top —  Old Bulli pit top (portal) 50m above present opening —  Old Bulli furnace shaft	End of Hobart Street	R
A	Former Railway Route	Bulli Colliery to Rail Bridge Embankments	R
A	Pitt Town Remains	Near former Bulli Mine Site on Escarpment	R
A	Site of Capt. Westmacott Homestead	Bulli Point (Sandon Point) Trig Station	R
	RUSSELL VALE / BELLAMBI
B	Station Master’s Residence	Brompton Road, cnr Bellambi Lane, Bellambi	R
A	South Bulli Colliery	Broker Street, Russell Vale	S
B	“Mountain View”	14 Jones Place, Bellambi	R
	CORRIMAL / TARRAWANNA
L	Catholic Cemetery	Princes Highway, Corrimal	R
A	Corrimal No 1 Headframe	Off Picton Road	S
	Corrimal No 1 Headframe	West of Colliery Site	R
	MT OUSLEY / FAIRY MEADOW
B	House	9 Macarthur Avenue	R
B	Former North Illawarra Council Chambers	182 Princes Highway, Fairy Meadow	R
	WOLLONGONG
B	“Regentville”	56 Atchison Street	R
B	“Audleigh”	9 Brownlee Street	R
	Belmore Basin Heritage Conservation Area
C	Belmore Basin Heritage Conservation Area	Flagstaff Point, land east of Cliff Road to Blackett Street	S
B	Stone Steps	Belmore Basin—connecting Endeavour Drive to Wharf Area	S
B	Harbour Steps	Belmore Basin—north-eastern side	S
B	Harbour Steps	Belmore Basin—north-eastern side	S
A	Seawall	Flagstaff Point	R
B	Ladies’ Baths	South of Flagstaff Point, Endeavour Drive	R
B	Nuns’ Baths	South of Pulpit Rock, Endeavour Drive	R
P	Flagstaff Hill	Flagstaff Hill, Wollongong	R
B	Lighthouse	Flagstaff Hill	S
B	Fort	Flagstaff Hill	R
B	Three Guns	Flagstaff Hill	R
B	Old Lighthouse	End of Breakwater, Wollongong Harbour	S
B	Crane Pedestal	Wollongong Harbour	R
A	Site of Cokeworks, including remains of Coke Oven	Belmore Basin	S
B	Remains of Mt Keira Osborne Wallsend Tramway Bridge	Osborne Park, Cliff Road	R
P	Puckey’s Experimental Works, Lahiff Salt Works	North Beach, Wollongong	R
B	North Beach Surf Club	North Beach, Wollongong	S
B	North Beach Kiosk and Residence	North Beach, Wollongong	S
B	North Beach Pavilion	North Beach, Wollongong	S
B	Seafield House and Graduation Works/Experimental Salt Works	Puckey’s Estate, Wollongong	R
B	Old Court House	Cnr Cliff Road and Harbour Street	S
A	Site of earliest Courthouse and Lock up	3–9 Harbour Street	R
B	Former Roger Therry Residence	30 Bukari Street	R
A	Former Cemetery	Pioneer Park, Bank Street, Wollongong	R
B	Terrace Houses	46–56 Campbell Street	R
B	Semi-detached House	67–69 Campbell Street	R
B	Smiths Hill Fort	Cliff Road, North Wollongong	S
B	Flats	10 Crown Street Wollongong East	R
B	Post Office	91 Crown Street	R
B	Wesley Uniting Church	Crown Street	R
B	Hickman House	Wollongong Hospital, Cnr Crown Street and New Dapto Road	R
B	House	12 Edward Street, North Wollongong	R
B	Row of Bungalows	69–93 Gladstone Avenue, West Wollongong	R
B	St Francis Xavier’s Cathedral	Harbour Street, Wollongong East	R
B	Monument	Cnr Harbour and Smith Streets	R
B	House	15 Jutland Street	R
B	National Mutual Life Assurance Building	163 Keira Street	R
B	Illawarra Hotel	Cnr Keira and Market Streets	R
B	Town Hall and former Council Chambers	Cnr Kembla, Crown and Burelli Streets	R
B	Wollongong Railway Station	Lowden Square	R
B	Gravestones	Andrew Lysaght Park, Wollongong East	R
B	Monument	Andrew Lysaght Park, Wollongong East	R
A	Former RC Cemetery	Andrew Lysaght Park, Wollongong East	R
C	Market Street Heritage Conservation Area	Market Street	R
B	Courthouses, c 1890 and c 1975	Market Street	S
B, L	St Michael’s Anglican Church of Australia	Market Street	S
B	Rectory, Anglican Church of Australia	Market Street	S
B	St Michael’s Church Hall	Market Street	S
B	Former Alowrie Terrace	69–71 Church Street	R
B	Sandstone Kerbing	Market Street, Wollongong	R
B	WWII Air Raid Shelter	11 Market Street, Wollongong	R
B	Illawarra Historical Society Museum (former Wollongong East Post Office)	Cnr Market Street and Queens Parade, Wollongong East	R
B	Congregational Church	Cnr Market and Coombe Streets	R
B	Monument	McCabe Park	R
B	Memorial Arch	McCabe Park	R
L, B	“Gleniffer Brae” and surrounding garden	Wollongong Botanic Garden, off Murphys Avenue, Gwynneville	S
B	Row of Workers’ Cottages	3–9 Robinson Street	R
B	“Little Milton”	31–33 Smith Street	S
B	School of Arts Building	64 Smith Street	R
B	“Wye Lodge”	63 Smith Street	R
B	House	65 Smith Street	R
B	House	67 Smith Street	R
B	House	86 Smith Street	R
B	Masonic Hall	88 Smith Street	R
B	“Ken Elm”	90 Smith Street	R
B	House	92 Smith Street	R
B	Wollongong Primary School	55 Smith Street	S
B	Headmaster’s Residence	53 Smith Street	R
A, B	Wollongong General Cemetery, including Nicholle Vault	Swan Street	S
B	Fort Drummond	Television Avenue, Coniston	S
B	House	60 Kembla Street	R
L	Methodist Cemetery	Fox Avenue, Wollongong	R
L	Market Square	Bounded by Market Street, Market Place and Harbour Street	R
L	Avenue of Norfolk Island Pines	Marine Drive, South Beach	R
B, L	“Greenhills” and “Hillside” and Gardens	Princes Highway, Figtree	R
L	Stand of Spotted Gum	Behind Public Reserve off Milne Crescent, Mangerton	R
L	Stand of Spotted Gum	Mt Drummond, WIN TV and RAAF Site	R
A	Former Mt Keira Inn	59 Princes Highway, Figtree	R
B	Nurses’ Home	Wollongong Hospital, Cnr Loftus and Darling Streets	R
B	Mt Keira Demonstration School	255 Mt Keira Road	R
	MOUNT KEMBLA
C	Kembla Heights Mining Village Heritage Conservation Area	Harry Graham Drive and Soldiers Road	S
B	Former Post Office	Kembla Heights	R
B	Mine Manager’s Residence	East of Harry Graham Drive	R
B	House	Harry Graham Drive, Kembla Heights	R
B	Row of Miners’ Cottages and Club Room	Cordeaux Road, Windy Gully, Kembla Heights	R
A, L	Cemetery	Cordeaux Road, Windy Gully, Kembla Heights	R
A	Site of Pioneer Kerosene Works	Between American Creek and Cordeaux Road	S
B	Stables/Pit Pony Stables	Harry Graham Drive, Mount Kembla	R
A	Mine Air Shaft	East of Harry Graham Drive	R
A	Site of Mount Kembla Mine Workings	Off Harry Graham Drive	R
A	Mount Kembla Mine Portal	East of Harry Graham Drive	R
B, A	Anglican Church of Australia and Cemetery	Cordeaux Road	R
B	Mount Kembla School	Cordeaux Road	R
B	Headmaster’s Residence	Rear of Mt Kembla School grounds, Cordeaux Road	R
	PORT KEMBLA / WARRAWONG / PRIMBEE
B	Office / House	E R & S Military Road, Port Kembla	R
B	Brick Chimney	Port Kembla Copper, Military Road, Port Kembla	R
B, A and L	Hill 60	Hill 60, Fisherman’s Beach, Boilers Point and MM Beach	S
B	Gun Emplacement connected and isolated concrete bunkers	Illowra Battery, Hill 60, Boilers Point, Port Kembla	R
B	Historical Military Museum	Between Eastern Breakwater and North Beach	R
B	Break Water Battery	Northern end of North Beach, Port Kembla	R
A	Concrete Tank Barriers	Northern end of Beach	R
B	Olympic Pool	Olympic Boulevarde, Port Kembla	R
A, L	Red Point / Hill 60 Landscape	Off Military Road, Port Kembla	S
L	Coomaditchy Lagoon and surrounds	Parkes Street, Kemblawarra	R
A	Mobile Block Setting Steam Crane	Eastern Breakwater Harbour, Port Kembla	S
B	Steel Works Hotel	Cnr Jubilee and Wentworth Streets, Port Kembla	R
B	Mural	Building, cnr Jubilee and Wentworth Streets, Port Kembla	R
B	“Guinery”, Port Kembla Hotel	Cnr Wentworth and Allan Streets	R
B	Commonwealth Rolling Mill Plant and Gardens	Old Port Road, Port Kembla	S
B	“Esperanza”	Jones Avenue, Primbee	R
B	Battery Observation Post	So much of Lot 2, DP 1008216, Gallipoli Street, Port Kembla, as is shown edged with a heavy black broken line and lettered “Heritage item (battery observation post)” on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 228)”.	R
	UNANDERRA / BERKELEY
B	House “Nudjia”	83 Cumming Street	R
B	Unanderra Public School, formerly Charcoal Public School	Cnr Princes Highway and Victoria Street	R
B	Unanderra Station Master’s Residence	Unanderra Railway Line	R
A, L	Berkeley Pioneer Cemetery	Investigator Drive, Unanderra	R
S	Site of former “Berkeley House”	Glastonbury Avenue, Berkeley	R
	FARMBOROUGH
A	Pit Pony Stables	West end of Farmborough Road	S
B, L	4 Cottages and Gardens	End of Farmborough Road	R
	BROWNSVILLE
B	Osborne Memorial Church of St Luke	Prince Edward Drive	S
B	Church Hall former Episcopalian Church St Luke	Prince Edward Drive	R
A, L	Brownsville Cemetery, large fig trees and Bunya pine	Prince Edward Drive	R
	KANAHOOKA
B	House “Rhondella”	Kanahooka Road, north of Cemetery, adjacent to Mullet Creek	R
A	Smelter Rail Route	Lots 1 and 3, DP 546902	R
A	Former Dapto Smelter	Kanahooka Road	R
	WEST DAPTO / WONGAWILLI / KEMBLA GRANGE
B	Newton Park and Gardens	Next to Kembla Grange race course	R
B	House “Glengarry”	Reddalls Road, Kembla Grange	R
B	Slab Hut	End of Reddalls Road	R
B	Former West Dapto Public School	Sheaffes Road, West Dapto	R
B, A	Hillside Farm	Sheaffes Road, West Dapto	R
B	“Stream Hill” house, barn, dairy, feedshed and their associated curtilage	Sheaffes Road, West Dapto	R
B	House “Horsley”	Bong Bong Road, West Dapto	R
B	“Horsley” out buildings and garden	Bong Bong Road, West Dapto	R
A, L	Catholic Cemetery	St John’s Catholic Cemetery, West Dapto Road, West Dapto	R
L	Railway Cutting—Unanderra / Moss Vale Railway Line	West Dapto	R
A, L	Settlers Cemetery and WWII Military Graves	Reddall Road, near Kembla Grange	R
	DAPTO CENTRAL AND YALLAH
B	Dapto Railway Station	Bong Bong Road, Dapto	R
B	House “Daisy Bank”	262–268 Princes Highway, Dapto	R
B	House “Penrose”, formerly Penrose Villa	Princes Highway, Yallah	R
B	Concrete House	Next to “The Woolshed” Princes Highway, Yallah	R
L	Yallah Bush	Yallah Road, Yallah	R
A	Saw Mill	Princes Highway, opposite Fowlers Road, Dapto	R
	CLEVELAND ROAD, AVONDALE ROAD AND MARSHALL MOUNT ROAD
B	House “Cleveland”	Cleveland Road, West Dapto	S
B	Former Avondale Public School	Cleveland Road, West Dapto	R
B	Avondale Homestead	Avondale Road, South Dapto	R
B	Former Marshall Mount Public School and Master’s Residence	Marshall Mount Road	R
B	“Marshall Mount” House	Marshall Mount Road	R
B	Marshall Mount Barn	Marshall Mount Road	R

A = ARCHAEOLOGICAL ITEM
B = BUILT ITEM
C = CONSERVATION AREA
L = LANDSCAPE ITEM
P = POTENTIAL ARCHAEOLOGICAL ITEM
S = STATE SIGNIFICANCE
R = REGIONAL SIGNIFICANCE

sch 1: Am 13.5.1994. Subst 7.1.2000. Am 18.5.2001; 1.2.2002; 6.8.2004; 2005 (438), Sch 1 [2]–[37].

Schedule 2 Additional development

(Clause 39)

Column 1	Column 2	Column 3
Land in the vicinity of Northcliffe Drive and Princes Highway, Kembla Grange, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan No 55”.	One motel; refreshment rooms; stable hand quarters; taverns.	Development consent shall not be granted after the expiration of one year from the appointed day.
Part Portion 333, in the vicinity of Lawrence Hargrave Drive, Helensburgh, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan No 62”.	Concrete batching plant.	Development consent shall not be granted after the expiration of one year from the appointed day.
Lot 2, DP 541421, Plateau Road, Stanwell Tops.	34 dwelling-houses, each on a separate allotment of land.	Arrangements satisfactory to the Water Board having been made for the provision of water supply to the land; development consent shall not be granted after the expiration of one year from the appointed day.
Part of an unnumbered lot, Mount Ousley Road, Mount Ousley, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan No 83”.	Educational establishment (being a building used as a school college, technical college, academy, lecture hall, gallery or museum, but not including a building used wholly or principally as an institution or child care centre).	Development consent shall not be granted after the expiration of one year from the appointed day.
Part Lot 1, DP 730787, Pharlap Avenue, Kembla Grange, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan No 103”.	Commercial premises; shops and industries which are ancillary to equestrian activities (eg veterinary surgeries, saddleries, farriers, produce stores).	Development consent shall not be granted after the expiration of one year from the appointed day.
All lands comprising the Illawarra Escarpment State Recreation Area.	Holiday cabins.	Development to be in accordance with the provisions of the Illawarra Escarpment State Recreation Area Plan of Management under the National Parks and Wildlife Act 1974; development consent shall not be granted after the expiration of one year from the appointed day.
Part Lot 2, DP 604541, and Part Lot 2, DP 585049, north of Brokers Road, Balgownie, as shown heavy black on the map marked “Wollongong Local Environmental Plan No 119”.	Tourist mine and ancillary facilities (including tourist accommodation and a restaurant and convention centre).	Development consent shall not be granted after the expiration of one year from the appointed day.
Lots 77–79, DP 10927, King Street, Warrawong.	Hospital.	Development consent shall not be granted after the expiration of one year from the appointed day.
Lot 34, DP 561012, Mount Brown Road, Dapto.	Masonic lodge, temple and associated facilities.	Development consent shall not be granted after the expiration of 5 years from the appointed day.
Lots 4 and 5, DP 29329, Princes Highway, Russell Vale.	Joint Coal Board offices and ancillary development.	Development consent shall not be granted after the expiration of 5 years from the appointed day.
Part Portions 90 and 91, south of Rixons Pass Road, Woonona.	Creation of 3 lots and the erection of one dwelling on each of 2 of the lots created.	Development consent shall not be granted after the expiration of one year from the appointed day.
Lots 2 and 3, DP 701213, Kanahooka Road, Dapto.	15 dwelling-houses each on a separate parcel of land having a minimum area of 4,000 square metres.	Development consent shall not be granted after the expiration of one year from the appointed day.
Part Lots 18 and 19, DP 939373, O’Briens Road, Figtree.	One dwelling-house.	Development consent shall not be granted after the expiration of one year from the appointed day.
Lot 1, DP 719865, Squires Way, Fairy Meadow.	Hotel and convention centre; business and technology complex.
Part Lot B, DP 581539 and Part Portion 108, Shellharbour Road, Kemblawarra.	Sandmining.	Development consent shall not be granted after the expiration of one year from the appointed day.
Lot 2, DP 517460, Yallah Road, Yallah.	Light engineering workshop; mini-mix concrete batching plant and associated facilities.	Development consent shall not be granted after the expiration of one year from the appointed day.
Lots 2 and 3, DP 701213, Kanahooka Road, Dapto.	Recreational Retirement Village for up to 179 units, and Museum.	Development consent shall not be granted after the expiration of one year from the appointed day.
Lot 1, DP 630475, Bong Bong Road, West Dapto.	The excision of an additional lot from the land and erection of a dwelling on that lot.
Part Lot 143 and part Lot 144, DP 786508, corner of Crown and Harbour Streets, Wollongong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 Amendment No 2”.	Markets.
Lot 1, DP 796995, Princes Highway, Fairy Meadow, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 7)”.	Restaurants.	Development consent shall not be granted after the expiration of one year from the making of the City of Wollongong Local Environmental Plan 1990 (Amendment No 7).
Lots 104, 105, 106 and 107, DP 800994, Lady Penrhyn Drive, Unanderra, as shown heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 5)”.	Periodic detention centre.	Use of the land for the purpose of enabling a person to serve a detention period to be restricted to 7.00 pm Fridays until 4.30 pm Sundays.
Part Lot 2, DP 575164 and part Lot 7, DP 218305, King Street, Warrawong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 5)”.	Retail market.	Operating Thursday to Sunday (both days inclusive) only.
Lot 4, DP 739074, Berkeley Road, Unanderra.	Commercial premises in conjunction with a business assistance complex.
Lot 3, DP 800938, Princes Highway, Fairy Meadow.	A restaurant used in conjunction with a bakery and manager’s residence.
Lot 82, DP 562294 and Lot 3, DP 552827, Mitchell Road, Woonona, as shown heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 23)”.	Aged Persons Accommodation.
Lots 230 and 231, DP 630024, Paynes Road, West Dapto, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 34)”.	One dwelling-house on each existing allotment.
Lot 5 DP 717741 Princes Highway Yallah, other than land within Zone No 2 (b).	18 hole golf course.	Development consent shall not be granted after the expiration of 2 years from the date on which Wollongong Local Environmental Plan 1990 (Amendment No 39) was published in the Gazette.
Lot 1, DP 112267, off Farmborough Road, Farmborough Heights, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 32)”.	The subdivision of the land into 5 lots and the erection of one dwelling-house on each of four of these lots located to the south of so much of the land as is within Zone No 7 (a).	Development consent shall not be granted until the land within Zone No 7 (a) has been transferred to Council.
Part Lots 11 and 15, DP 752054, Cokeworks Road, Coledale, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 49)”.	The subdivision of the land into up to 17 lots and the erection of one dwelling on each of the lots.
Lot 3 DP 233963 and Part Lot 1 DP 900875 Kanahooka Road, Kanahooka, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 54)”.	The construction of manufactured homes to be placed on Lot 103 DP 606983, Lot 2 DP 330634 and Lot 1 DP 701213.
Part Lots 51 and 52, DP 702216, Reddalls Road, West Dapto, being land within Zone No 7 (b), shown on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 41)”.	The subdivision of the land into 8 lots and the erection of one dwelling-house on 7 of the lots so created.	A dwelling-house must not be erected on any of the 7 lots referred to in Column 2 until those parts of Lots 51 and 52, DP 702216 that are within Zone No 7 (a) and that part of Lot 1, DP 579386 that is within Zone No 7 (b) have been transferred to Council.
Lot 193 DP 700165 Nolan Street, Berkeley, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 Amendment No 44”.	The subdivision of the land into 2 lots, the erection of a dwelling-house on the smaller lot and the dedication to the Council of the larger lot as a public reserve.
Lot 8, DP 5299, Mountain Road, Austinmer, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 60)”.	The subdivision of the land into 5 lots and the erection of one dwelling-house on each of four of the lots.
Lot A, DP 381635, Mountain Road, Austinmer, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 52)”.	The subdivision of the land into 2 lots and the erection of one dwelling-house on the lot within Zone No 7 (b).	Development consent shall not be granted for the erection of a dwelling-house until the land within Zone No 7 (a) has been transferred to the Council.
Lots 2 and 3, DP 701213, Kanahooka Road, Dapto, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 64)”.	Recreational retirement village for up to 179 units and museum.	Development consent shall not be granted after the expiration of 3 years from the appointed day.
Lots 18, 19 and 20, DP 939374, O’Briens Road, Figtree, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 33)”.	The subdivision of the land into 8 lots and the erection of one dwelling-house on each of 5 of these lots located to the south of the land within Zone No 7 (a).	Development consent shall not be granted for the erection of any dwelling-house on that part of the subject land within Zone No 7 (b) until the land within Zone No 7 (a) has been transferred to the Council.
Lot 2, DP 590080, Cox’s Avenue, Corrimal, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 53)”.	The subdivision of the land into two lots with the common boundary being a line 350 metres from and parallel to the eastern boundary and the erection of two dwellings on one of those lots on the land within Zone No 7 (b) and adjacent to the eastern boundary.	No dwellings shall be erected on the land within Zone No 7 (b) until the land within Zone No 7 (a) west of a line 350 metres from and parallel to the eastern boundary has been transferred to the Council.
Part Lot 120, DP 816411 Northcliffe Drive, Berkeley, as shown edged heavy in black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 76)”.	Use of subject land and existing premises for a funeral home and associated facilities.	Development consent shall not be granted after the expiration of 2 years from the commencement of City of Wollongong Local Environmental Plan 1990 Amendment No 76.
Lot 1, DP 364111, Morrison Avenue, Coledale, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 70)”.	The subdivision of the land into up to 6 lots and the erection of one dwelling-house on up to 5 of those lots within Zone No 7 (c).	Development consent shall not be granted for the erection of any dwelling-house on the land within Zone No 7 (c) until the land within Zone No 7 (a) has been transferred to the Council.
Lot 1, DP 805541, and Part Lots 5 and 6, DP 717741, Princes Highway, Yallah, as shown edged heavy black on the map marked “City of Wollongong Local Environment Plan 1990 (Amendment No 82)”.	Dwelling houses and residential flats.	The Council shall not consent to the carrying out of development on land described in Column 1 unless the Council has taken into consideration any submission received from the Commissioner of the Soil Conservation Service, Environment Protection Authority, Illawarra Catchment Management Committee or Lake Illawarra Authority (and from any other public authority the Council considers relevant) within 30 days after service of notice of the proposed development on the Commissioner or authority.
Part Lot 32, DP 751299, Mt Keira Road, Mt Keira, being the land shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 105)”.	A bushfire station and ancillary facilities.
Lot 62, DP 712014, Paradise Avenue, Mount Pleasant, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 112)”.	The subdivision of the land into 2 lots and the erection of one dwelling-house on each allotment.
Land within Zone No 6 (c) (Tourism Zone) generally bounded by Bank Street, Corrimal Street, Crown Street, Harbour Street, Market Street and the Wollongong foreshore public recreation area as shown edged heavy black on sheet 1 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 114)”.	Residential flats.	Where land has a street frontage to Crown Street or Burelli Street, the ground floor street frontage of a residential flat building must provide for one or more of the following purposes: •  shops •  restaurants •  licensed premises The remainder of the ground floor and the first floor of the building may also be used for those purposes and any other purpose permissible in the 6 (c) Tourism zone.
Land fronting Crown Street or Burelli Street east of Corrimal Street within Zone No 6 (c) (Tourism Zone).	Shops.	Shops must form part of a residential flat building development and be located on the ground or first floor of the building.
Lot 151, DP 652598, Rixons Pass Road, Woonona, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 113)”.	The subdivision of the land within Zone No 7 (b) into 2 lots and the erection of a dwelling-house on each lot.
Lot 1001, DP 856078, Kanahooka Road Kanahooka.	Subdivision of land under Community Land Development Act 1989.
Lot 104, DP 852308, Gloucester Boulevarde, Port Kembla, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 118)”.	Commercial premises.	Development consent shall not be granted for any major new development of the site allowed by this item unless the Council is satisfied that the development will be related or complementary to the industrial or port-related activities in Port Kembla.
Lots 9–11, DP 5045, No 47 Princes Highway, West Wollongong.	Bottleshop and liquor wholesale building.	Development consent shall not be granted after the expiration of one year from the commencement of City of Wollongong Local Environmental Plan 1990 (Amendment No 131).
Lot 2, DP 582203 and Lot 15, DP 2534, Avondale Road, West Dapto, being land shown on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 99).	The subdivision of the land into up to 9 lots and the erection of one dwelling-house on each of up to 8 of those lots.	Development consent shall not be granted for the erection of any dwelling-house on the land until the land within Zone No 7 (a), as shown on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 99) has been transferred to the Council.
Lots 9 and 10, DP 250762, Stones Road, Mt Kembla, as edged heavy black shown on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 126)”.	The subdivision of the land into up to 3 lots and the erection of one dwelling-house on each of up to 2 of the lots located on the land within Zone No 7 (b).	Development consent shall not be granted for the erection of any dwelling-house on that part of the land within Zone No 7 (b) until the land within Zone No 7 (a), has been transferred to the Council.
Part of Lots 1 and 2, DP 562521, North Marshall Mount Road, Marshall Mount, being land shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan (Amendment No 98)”, except the land so shown as being within Zone No 7 (a).	The subdivision of the land into up to 7 lots and the erection of one dwelling-house on each of up to 6 of those lots.	Development consent shall not be granted for the erection of any dwelling-house on the land until the land within Zone No 7 (a), as shown on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 98)”, has been transferred to the Council.
Lot 70, DP 543194, North Marshall Mount Road, Marshall Mount, being land shown on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 98)”.	The subdivision of the land into up to 6 lots and the erection of one dwelling-house on each of those lots.	Development consent shall not be granted for the erection of any dwelling-house on the land until the land within Zone No 7 (a), as shown on the map marked “City of Wollongong Local Environmental Plan (Amendment No 98)”, has been transferred to the Council.
Part reserve 70792 and Lot 21, DP 14939, Robertson Street, Port Kembla, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 132)”.	Retirement village.
Lot 229, DP 5858, No 26 Lawrence Hargrave Drive, Stanwell Tops as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 123)”.	Use of a garage on the land for the purpose of a shop associated with tourist activities.
Part of Lot 143 and Part of Lot 144, DP 786508, at the corner of Crown and Harbour Streets, Wollongong, as shown edged heavy black on Sheet 1 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 143)”.	Shops and commercial premises.	Shops and commercial premises must be located within an entertainment centre building that is a recreation facility.
Airspace above and part of Andrew Lysaght Park, being Part of Lot 93 and Part of Lot 94 DP 751299, and airspace above and the part of the public road known as Crown Street and Harbour Street, that are shown edged heavy black on Sheet 2 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 143)”.	Commercial premises.	Commercial premises must be located within an entertainment centre building that is a recreation facility.
Lot 1, DP 578840, Lot 9, DP 223280 and Lot 100, DP 564979, Middle Heights Estate, off Buttenshaw Drive, Coledale, as shown edge heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 111)”.	The subdivision of the land under the Community Land Development Act 1989 to create a neighbourhood scheme under which up to 30 lots will be created on all but one of which a dwelling-house may be erected and the one residual lot will be neighbourhood property.
Lot 1 DP 849523, Princes Highway, Fairy Meadow, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 145)”.	Service station.
Land north of Kanahooka Road, Kanahooka, fronting Mullet Creek shown edged heavy black and identified as being within Zone No 7 (c1) (Environmental Protection Rural Residential Zone) on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 146)”.	Subdivision to create lots for the purpose of dwelling houses.	Each lot must have an area of at least 1 hectare.
Lot 713, DP 752033, Princes Highway, shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 140)”.	Two dwellings.
Part Lot 11, DP 262279, Princes Highway, Yallah, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 153)”.	The subdivision of so much of the land as is within Zone No 7 (c1) into up to 18 lots and the erection of one dwelling-house on each of these lots.	Development consent shall not be granted for the subdivision of the land in accordance with this item: (a)  unless each lot is connected to the Sydney Water Corporation Limited’s sewer as part of the development, or (b)  after the expiration of 2 years from the commencement of “City of Wollongong Local Environmental Plan 1990 (Amendment No 153)”.
Part of Lot 11, DP 609167, No 47 Princes Highway, Figtree, as shown edged heavy black on Sheet 2 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 154)”.	Residential flat buildings.
So much of the land as is within Zone No 6 (c) at Griffins Bay and fronting Northcliffe Drive and King Street, Warrawong, as shown edged heavy black and lettered “6 (c)” on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 158)”.	Commercial premises and shops complementary to the use of the land as a tourism precinct.	Development consent is required for a proposed new use of a building on the land, despite clause 7 of State Environmental Planning Policy No 4—Development Without Consent and clause 38.
Lot 9, DP 262580, Wellington Drive, Balgownie, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 161)”.	The subdivision of the land into up to 3 lots and the erection of 1 dwelling-house on the part of the land within Zone No 7 (b).	Development consent shall not be granted for the erection of any dwelling-house on that part of the land within Zone No 7 (b) until the land within Zone No 7 (a) has been transferred to the Council.
Part of Lot 2, DP 868593, Bank Street, Wollongong, as shown edged heavy black on Sheet 3 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 166)”.	Shops and commercial premises.	Shops and commercial premises must be located within a carpark building and have a combined maximum floor space of not more than 500 square metres.
Lot 1, DP 849523, Princes Highway, Fairy Meadow, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 172)”.	Residential flat buildings and one shop.	The shop must be situated on an allotment (created by a subdivision of the land) on which there is no residential flat building.
Lot 101, DP 546250, Lot 303, DP 714235 and Lot 105, DP 613634, corner of Pioneer Road and Carters Lane, Towradgi, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 176)”.	Integrated residential development and subdivision.	The floor space ratio of buildings on this land is not to exceed 0.70:1.
Lots 1 and 2, DP 541851, Nos 43 and 45 Corrimal Street and Lot 1, DP 151974, Lots 1 and 2, DP 830334, Lot 3, DP 536071 and Lot N, DP 164041, Nos 54, 56, 58, 60 and 62 Cliff Road, Wollongong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 178)”.	Tourist hotel complex.	The floor space ratio of the tourist hotel complex on this land is not to exceed 2.95:1.
Lots 9–11, DP 5045, No 47 Princes Highway, West Wollongong.	Shops.	Shops must be located within the building existing on-site at the time City of Wollongong Local Environmental Plan (Amendment No 174) commenced, and must not exceed 430 square metres of gross floor area. Development consent for shops must not be granted until a 10 metre southern extension of the existing Princes Highway road median is constructed at the front of the property without cost to the Council or the Roads and Traffic Authority.
Lot 2, DP 834668, Lot 1, DP 919208, Lot 101, DP 737280 and Lot 2, DP 552839 Princes Highway, Dapto, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 185)”.	Community facility.
Lots 44 and 48, DP 751263, Calderwood Road, Calderwood, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 137)”.	The subdivision of the land into 4 lots, one of which comprises the land within Zone No 7 (a) and 3 of which are located on the land within Zone No 7 (b), and the erection of one dwelling-house on each of the 3 lots located on the land within Zone No 7 (b).	Development consent shall not be granted for the erection of any dwelling-house on that part of the land within Zone No 7 (b) until the land within Zone No 7 (a) has been transferred to the Council.
Lot 10, DP 813678, Bong Bong Road, West Dapto and Lot 292, DP 751278, Paynes Road, West Dapto, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 164)”.	The subdivision of the land within Zone No 7 (b) into 2 lots and the erection of 1 dwelling-house on each of those lots.	Development consent shall not be granted for the erection of any dwelling-house on that part of the land within Zone No 7 (b) until the land within Zone No 7 (a), being Lot 292, DP 751278, Paynes Road, West Dapto, has been transferred to the Council.
Part Lot 6, Part Lot 7, Lot 9, Part Lot 10, part Lot 11 and Part Lot 12 DP 346841 and Lot 80 DP 733828, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 192)”.	Subdivision of the land into allotments and residential development on the allotments arising from that subdivision.	1  Development consent for the subdivision of the land is not to be granted unless: (a)  provision is made for a riparian corridor (being an allotment along both sides of the length of each creek on the land) that is at least 40 metres wide (excluding the width of any such creek) when measured at right angles to the general direction of the creek, and (b)  the minimum distance from the top of the bank of any such creek to the nearest boundary of an allotment to be created by the subdivision (not being a riparian corridor) is 15 metres. 2  Development consent is not to be granted for: (a)  the erection of a residential building on a riparian corridor, or (b)  the construction of any road on a riparian corridor, except for any road that is necessary for traversing a creek at right angles to the general direction of the creek.
Lot 21, DP 939374 O’Briens Road, Figtree as edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 191)”.	The subdivision of the land into 2 lots and the erection of one dwelling-house on the lot within Zone No 7 (b).	Development consent shall not be granted for the erection of any dwelling-house until the land within Zone No 7 (a) has been transferred to the Council.
Lot 15, DP 260228 Mulda Street, and Lot 2, DP 834688 Princes Highway, Dapto, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 197)”.	Retail markets.	Operate on Sundays only.
Lots 1–11, DP 1008498, Parrish Avenue, Mount Pleasant, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 201).	The erection of one dwelling-house on each of those 11 lots.
Lot 2, DP 852789, Gipps Road, Keiraville, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 201).	The subdivision of the land into up to 26 lots and the erection of one dwelling-house on each of those lots.
Part Lots 301 and 302 DP 1013750, off Koloona Avenue, Mount Keira, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 201).	The subdivision of the land into up to 4 lots and the erection of one dwelling-house on each of those lots located in so much of the land as is within Zone No 7 (c).	Development consent for the erection of any dwelling-house on the land within Zone No 7 (c) must not be granted until the Council is satisfied that access to the subdivision is gained only from the south.
So much of Lot 100, DP 216769, Yallah Road, Yallah, as is within Zone No 7 (c1) and shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 193)”.	Subdivision into up to 4 lots and the erection of one dwelling-house on each of those lots.	Development consent must not be granted for the subdivision of the land in accordance with this item: (a)  unless each lot to be created is connected to the Sydney Water Corporation’s reticulated sewerage system, or (b)  after the expiration of 2 years from the commencement of City of Wollongong Local Environmental Plan 1990 (Amendment No 193).
So much of Lot 10, DP 262279, Yallah Road, Yallah as is within Zone No 7 (c1) and shown edged heavy black on the map “City of Wollongong Local Environmental Plan 1990 (Amendment No 193)”.	Subdivision into up to 19 lots and the erection of one dwelling-house on each of the 18 vacant lots.	Development consent must not he granted in accordance with this item: (a)  for the subdivision of the land: (i)  unless each lot to be created is connected to the Sydney Water Corporations’s reticulated sewerage system, or (ii)  after the expiration of 2 years from the commencement of City of Wollongong Local Environmental Plan 1990 (Amendment No 193), or (b)  for any development involving the removal or clearing of Illawarra Lowland Grassy Woodland from the land shown edged heavy black and hatched on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 193)”, or (c)  for the redevelopment of the residue lot (containing the former abattoir and manager’s residence)—unless the residue lot is remediated in accordance with a remediation plan approved by the Council and the Environment Protection Authority.
Lot A, DP 103638, Kanahooka Road, Kanahooka, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 208)”.	The subdivision of the land into 5 lots: (a)  4 lots to be comprised of the land zoned 7 (c1), one lot containing the existing dwelling-house, and the erection of a dwelling house on each of the 3 vacant lots, and (b)  one lot to be comprised of the land zoned 6 (a), to be dedicated to the Council as public reserve.
Lot 6002, DP 869342 and Lot 5, DP 867936, between O’Briens and Cordeaux Roads, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 214)”.	Advertisements; leisure areas; recreation areas; utility installations.	Development consent shall not be granted unless the Council is satisfied that development of the land: (a)  will not have a negative impact on the integrity of the riparian corridor (being the area on either side of Brandy and Water Creek and American Creek, as measured at right angles at a distance of 40 metres from the bank of those creeks), and (b)  will not increase the risk to the occupants of the Brandy and Water Creek and American Creek floodplain or emergency personnel who assist with the evacuation of those occupants during a flood event.
Part Lots 1 and 2, Lots 3–7 and part Lots 10–12, Section 1, DP 4201 and part Lots 1 and 4 and Lots 2 and 3, Section 2, DP 4201, Rawson Street, Railway Parade, Governors Lane and Waters Lane, and the airspace above Rawson Street between Lot 4, Section 1, DP 4201 and part Lot 1, Section 2, DP 4201, Wollongong, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 227)”.	Hospital.	Development consent must not be granted unless the proposed development complies with the following: (a)  the development must include a nursing home, medical facilities, seniors housing and a minimum of 155 public parking spaces, (b)  the floor space ratio of the development must not exceed 5:1 (excluding the public parking spaces), (c)  the height of any building on the site must not exceed RL 85 metres AHD (excluding any maintenance, service and ancillary structures on the top of the building). Development consent must not be granted after the expiration of 2 years from the commencement of Wollongong Local Environmental Plan 1990 (Amendment No 227).
Lot 7044, DP 1056482, Princes Highway, Bulli Tops, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 229)”	Visitor information facility (providing tourism, community and cultural information and displays, and retail goods for sale); restaurant.
Lot 215, DP 1066585, Industrial Road, Unanderra.	RSPCA animal shelter (including an administration building, animal boarding kennels, food preparation areas, car parking and landscaping).	Development consent must not be granted unless the Council is satisfied that: (a)  the two mature fig trees on the land will be retained, and (b)  the remnant Illawarra subtropical rainforest on the land will be rehabilitated, and (c)  there will be a removal of weeds from the land and a revegetation of that part of the land not affected by the development.

sch 2: Am 26.4.1991; 10.5.1991; 19.7.1991; 26.7.1991; 1.11.1991; 6.3.1992; 3.4.1992; 21.8.1992; 24.12.1992; 5.2.1993; 12.3.1993; 2.4.1993; 8.4.1993; 23.4.1993; 11.6.1993; 2.7.1993; 16.7.1993; 6.8.1993; 29.10.1993; 26.11.1993; 18.2.1994; 15.7.1994; 19.5.1995; 4.8.1995; 1.9.1995 (see also 22.9.1995); 13.10.1995; 29.3.1996; 31.5.1996; 21.6.1996; 28.6.1996; 19.7.1996; 23.8.1996; 13.9.1996; 27.9.1996; 8.11.1996; 28.2.1997; 27.3.1997; 29.8.1997; 3.10.1997; 9.1.1998; 20.3.1998; 29.5.1998; 26.6.1998; 24.7.1998; 31.7.1998; 1.4.1999; 24.12.1999; 17.3.2000; 12.5.2000; 15.9.2000; 27.10.2000; 23.2.2001; 26.11.2001; 22.8.2003; 20.8.2004; 17.9.2004; 3.12.2004; 2005 (378), Sch 1.

Schedule 2A Building heights

(Clause 12A)

Column 1	Column 2
Land generally bounded by Corrimal Street, Bank Street, Crown Street, Harbour Street and the Wollongong foreshore public recreation area, as shown edged heavy black on Sheet 3 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 143)”.	15 metres.
Lots 19, 20, 21 and 22, DP 37869 and part of Lot 2, DP 868593, Bank Street, Wollongong, as shown edged heavy black on Sheet 4 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 166)”.	26 metres.

sch 2A: Ins 1.9.1995. Am 8.11.1996; 20.3.1998.

Schedule 2B

(Clause 12A)

Column 1	Column 2
Land generally included within the Wollongong Innovation Campus (being Lot 304 DP 746634), the Science Centre (being Lot 1 DP 633347) and the Campus East site (being Lot 1 DP 719865), as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 221)”.	In the case of: (a)  residential development—RL 21.30 metres AHD (to ridge of roof), or (b)  hotel—RL 29.7 metres AHD (to parapet), or (c)  all other buildings—RL 24.3 metres AHD (to parapet).

sch 2B: Ins 16.1.2004.

Schedule 2C Gross floor area

(Clause 12B)

Column 1	Column 2
Land generally included within the Wollongong Innovation Campus (being Lot 304 DP 746634), the Science Centre (being Lot 1 DP 633347) and the Campus East site (being Lot 1 DP 719865), as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 221)”.	135,000 square metres

sch 2C: Ins 16.1.2004.

Schedule 3

(Clause 41)

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

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

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

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

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

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

7 (Repealed)

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

9 The carrying out of any forestry work by the Forestry Commission, School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916 .

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

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

sch 3: Am 17.3.1995.

Schedule 3A Prohibited development

(Clause 39A)

Column 1	Column 2
Lot 1 DP 849523, Princes Highway, Fairy Meadow, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 145)”.	Bulky goods sales rooms or showrooms.
Land on the south side of Hewitts Creek at the rear of Lot 16 DP 7213 known as 51 George Street, Thirroul, which Lot is shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 204)”.	Any building or other structure.
Lot 501, DP 777107, Bangalow Road, Thirroul, as shown edged heavy black on Sheet 2 of the maps marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 212)”.	Subdivision of the land into more than 2 lots.
Lot 1, DP 612535 and Lot 100, DP 849175, Lachlan Street Thirroul, as shown edged heavy black on Sheet 3 of the maps marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 212)”.	Subdivision of the land into more than 3 lots.
Lot A, DP 341708 abutting O’Briens Road, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 213)” and zoned 7 (b) (Environmental Protection Conservation Zone).	Any land use that is allowed only because of clause 38A.
Lot 6002, DP 869342 and Lot 5, DP 867936, between O’Briens and Cordeaux Roads, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 214)”.	On so much of the land as is within Zone No 7 (b)—buildings used in conjunction with agriculture, dwelling-houses, educational establishments, granny flats, home employment, mines and restaurants.
So much of Lot 2, DP 1008216, Gallipoli Street, Port Kembla, as is shown edged with a heavy black broken line and lettered “Heritage item (battery observation post)” on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 228)”.	Residential development.

sch 3A: Ins 28.2.1997. Am 25.5.2001; 1.3.2002; 9.5.2003; 22.8.2003; 6.8.2004.

Schedule 4 Operational land

(Clause 37B)

Part Lot 60, DP 249084, Milne Crescent, Coniston, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 78)”.

Part of Lot 9, DP 979325 and Part of Lots 7 and 8, DP 61552, Factory Road, Unanderra as shown edged heavy on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 102).

Part Lot 1, DP 592761, Yates Avenue, Mt Keira, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 107)”.

Part Reserve 77320 Springhill Road, Wollongong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 108)”.

Part Lot 157, DP 803089, Berkeley Road, Berkeley, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 120).

Lots 3 and 4, DP 530800, Greene Street, Warrawong.

Part of Lot 9, DP 248043, Cummins Street, Unanderra, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 117)”.

Part of Lot 24, DP 216637, Central Road, Unanderra, as shown edged heavy black on Sheet 1 of the map marked “City of Wollongong Local Environment Plan 1990 (Amendment No 127)”.

Part of Lot 4, DP 30456, Minnegang Street, Warrawong, as shown edged heavy black on Sheet 2 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 127)”.

Lot 21, DP 142939, Robertson Street, Port Kembla.

Lot 24, DP 264114, Doyle Avenue, Unanderra.

land within Zone No 2 (a) or 6 (b) and comprising part Lot 106 DP 30903, Cedar Grove, Keiraville, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 133)”.

Part Lot 17, DP 238200, Ashcroft Place, Keiraville (being a pathway between Nos 15 and 17), as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 130)”.

Lot 9, DP 211541, Campbell Street, Woonona, rear of No 41 Campbell Street, Woonona.

Part Lot 3, DP 557260, Gallipoli Street, Port Kembla as shown edged heavy black on the map marked “City of Wollongong Local Environment Plan 1990 (Amendment No 151)”.

Lot 28, DP 217106, Doyle Avenue, Unanderra.

Part Lot 2, DP 540338, Kanahooka Road, Kanahooka, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 160)”.

Part of Lot 214, DP 216257, Lindsay Maynes Park, Waples Road, Unanderra, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 167)”.

Lot 1, DP 633347, Squires Way, North Wollongong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 169)”.

Part Lot 62, DP 22656, Acacia Avenue, Gwynneville, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 177)”.

Part of Lot 129, DP 22540, Charles Road (at the rear of No 58 Meads Avenue), Corrimal, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 179)”.

Part Lot 17 DP 240014 Foothills Road, Balgownie, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 183)”.

Lot 3, DP 513895, Lots 4–6, DP 230081, Lots 13 and 14, DP 4286 and Lots 3 and 4, DP 230192, Bertram Lane and Underwood Street, Corrimal as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 187)”.

Part of Lot 254, DP 263975, Foy Avenue, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 195)”.

Part of Lot 1, DP 219207, Thurston Crescent, Corrimal, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 203)”.

sch 4: Ins 11.2.1994. Am 18.2.1994; 3.2.1995; 5.5.1995; 20.10.1995; 12.4.1996; 26.4.1996; 17.5.1996; 23.8.1996; 13.9.1996; 1.11.1996; 6.12.1996; 24.1.1997; 24.4.1997; 11.7.1997; 14.11.1997; 13.3.1998; 19.6.1998; 14.8.1998; 4.9.1998; 18.9.1998; 6.8.1999; 4.8.2000; 8.12.2000.

Schedule 4A Classification or reclassification of public land as operational land

(Clause 37C)

sch 4A, hdg: Ins 20.10.2000. Subst 13.8.2004.

Lot 184, DP 15363, Jutland Avenue, Wollongong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 198)”.

Part of Lot 127, DP 817646, known as the Wollongong Crematorium, Berkeley Road, Unanderra, as shown edged heavy black and lettered “Crematorium” on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 210)”.

Lot 82, DP 13047, Rowland Avenue, Wollongong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 218)”.

Lot A, DP 881773, Brompton Road, Bellambi, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 224)”.

sch 4A: Ins 20.10.2000. Am 31.5.2002; 30.1.2004; 13.8.2004.

Schedule 4B Classification or reclassification of public land as operational land

(Clause 37D)

sch 4B, hdg: Ins 10.11.2000. Subst 25.5.2001; 20.8.2004.

Lots 4, 5 and 6, Section 63, DP 3773, Lot 1, DP 944704 and Lots A and B, DP 404132 Byamee Street, Dapto as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 199)—City of Wollongong Local Environmental Plan 1990 (Amendment No 199).

Lot 2, DP 38816, No 38 Dymock Street, Balgownie, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 202)”—City of Wollongong Local Environmental Plan 1990 (Amendment No 202).

Part of Lot 49, DP 31481, Hutton Avenue, Bulli, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 200)”.

Part of Lots 1 and 2, DP 569201 and part of Lot 2, DP 609232, and known as the Wollongong Lawn Cemetery, Kembla Grange, as shown edged heavy black and lettered “Cemetery” on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 211)”—all trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) as notified in the Second Schedules to Certificates of Title Folio Identifiers 1/569201, 2/609232 and 2/569201—City of Wollongong Local Environmental Plan 1990 (Amendment No 211).

Lot 4, DP 718606, Lots 117 and 118, DP 746513, Lots 17–29, DP 231969 and part Lot 1, DP 562135, off Tarrawanna Road, Corrimal, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 215)”—City of Wollongong Local Environmental Plan 1990 (Amendment No 215).

Part of Lot 1, DP 502619, Waples Road, Unanderra, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 217)”.

Part of Lot 8, DP 261948 and part of Lot 190, DP 854481, Lawrence Hargrave Drive, Wombarra, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 220)”—City of Wollongong Local Environmental Plan 1990 (Amendment No 220).

Lots 3–7 and part Lots 1 and 2 and 10–12, Section 1, DP 4201, bounded by Rawson Street, Railway Parade and Governors Lane, Wollongong, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 225)”.

Part of Lot 77, DP 29271, Toronto Avenue, Dapto as shown edged with a broken black line on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 234)”.

sch 4B: Ins 10.11.2000. Am 25.1.2001; 25.5.2001; 5.7.2002; 29.8.2003; 20.2.2004; 7.5.2004; 20.8.2004; 2005 (220), Sch 1 [2].

Schedule 5 Restricted development

(Clause 30A)

Column 1	Column 2	Column 3
Land within Zone No 2 (a1) or 7 (c) that is not sewered by Sydney Water Corporation Limited, in the vicinity of Coledale, Scarborough, Wombarra, Coalcliff, Clifton, Stanwell Park, Stanwell Tops, Otford, Darkes Forest and Maddens Plains, as shown edged heavy black on Sheet 1 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 97)”.	Subdivision (other than for the purpose of boundary adjustments or utilities).	Each allotment subdivided to create allotments to be used for the purpose of dwellings must be 2,000 square metres or more in area, and Each lot created to be used for the purpose of a dwelling must be 1,000 square metres or more in area.
Lot A, DP 341708 abutting O’Briens Road, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 213)” deposited in the office of the Council of the City of Wollongong.	Buildings used in conjunction with agriculture, dwelling-houses, educational establishments, granny flats, home employment, mines and restaurants.	The buildings must not be on land shown as “riparian corridor” on the map described in Column 1.
Lot 6002, DP 869342 and Lot 5, DP 867936, between O’Briens and Cordeaux Roads, Figtree, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 214)”.	Development permissible within Zone No 2 (a) or 7 (b); advertisements; leisure areas; recreation areas; utility installations.	Consent must not be granted to a development application in respect of the land unless there is a master plan for the land. The provisions of the master plan must be taken into consideration by the Council in determining the development application in respect of the land to which the master plan applies.
So much of Lot 2, DP 1008216, Gallipoli Street, Port Kembla, as is not edged with a heavy black broken line and lettered “Heritage item (battery observation post)” on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 228)”.	Medium density residential development.	Any building on the land must not exceed 2 storeys.
Lots 1250 and 1251, DP 1063048, off Princes Highway, Woonona, as shown edged heavy black on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 230)”.	Any development permissible within Zone No 2 (b) other than exempt development.	The requirements of the document prepared by Drs Kevin Mills and Arthur White titled Vegetation Management Plan Incorporating the Habitat Management Plan for the Green and Golden Bell Frog: Edgewood Estate, City of Wollongong (as amended in December 2003 by those authors) must be implemented to the satisfaction of the Council and the Director-General of the Department of Environment and Conservation.
Land within Zone No 6 (b), being part of Lot 77 DP29271, Toronto Avenue Dapto as shown edged heavy black and marked “6 (b)” on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 234)”.	Any development permissible within Zone No 6 (b).	Land identified as riparian buffer on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 234)” must be rehabilitated for riparian buffer purposes.

sch 5: Ins 29.8.1997. Am 9.5.2003; 22.8.2003; 6.8.2004; 29.10.2004; 2005 (220), Sch 1 [3].

Schedule 5A Master plan site

(Clauses 38 and 38A)

Land generally included within the Wollongong Innovation Campus (being Lot 304 DP 746634), the Science Centre (being Lot 1 DP 633347) and the Campus East site (being Lot 1 DP 719865) and reserves adjacent to the site bounded by Cabbage Tree Creek and Para Creeks (being Lot 2 DP 229815, Lot 203 DP 560343 and part of Lot 303 DP 746634), as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 221)”.

sch 5A: Ins 16.1.2004.