Part 1 Preliminary
1 Name of plan
This plan is Bankstown Local Environmental Plan 2001.
2 Objectives of this plan
The objectives of this plan are:(a) to regulate development in accordance with the following principles:(i) new buildings should be designed to achieve:(A) good urban design, and(B) public and private safety, and(C) energy and resource efficiency, and(ii) remnant bushland, natural watercourses and threatened species should be protected, and(iii) intensive trip generating activities should be concentrated in locations most accessible to rail transport, and(iv) new development should not diminish the role of the Bankstown central business district (CBD) as a sub-regional centre, and(v) new development in or affecting residential areas should be compatible with the prevailing suburban character and amenity of the locality of the development site, and(b) to provide a framework within which the Council may prepare development control plans to make more detailed provisions.
3 Land where this plan applies
This plan applies to all land within the City of Bankstown.
4 Effect of this plan on other environmental planning instruments
(1) This plan repeals all deemed environmental planning instruments and local environmental plans applying to land within the City of Bankstown immediately before the appointed day.(2) However, environmental planning instruments as in force immediately before the appointed day continue to apply to a development application if:(a) the application was made but had not been finally determined before the appointed day, and(b) the proposed development is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments as so in force.Note—Clause 4 (3), as exhibited, is deferred matter.(3) State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development is amended by inserting at the end of Schedule 1:Clause 22 of Bankstown Local Environmental Plan 2001
5 Consent authority
The Council is the consent authority for the purposes of this plan, subject to the Act.
6 Definitions
(1) Except insofar as the context or subject-matter otherwise indicates or requires, the expressions used in this plan (or in a particular provision of this plan) which are defined in the Dictionary in Schedule 1 to this plan have the meanings set out in that Dictionary.(2) In this plan:(a) a reference to a building, work or place used for a purpose includes a reference to a building, work or place proposed to be used for the purpose, and(b) a reference to a map is a reference to a map kept in the office of the Council.(3) The table of contents of this plan and any explanatory notes do not form part of this plan.
7 Covenants
(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 covenant, agreement or similar instrument that purports to restrict or prohibit the carrying out of development on land to which this plan applies, to the extent necessary to serve that purpose, does not apply to any such development.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.
Part 2 General zoning controls
8 Zones in this plan
(1) The following lists each zone within which land to which this plan applies may be situated:Zone1—Rural2 (a)—Residential A2 (b)—Residential B3 (a)—Business—CBD3 (b)—Business—Other Centres4 (a)—General Industrial4 (b)—Light Industrial5—Special Uses6 (a)—Open Space6 (b)—Private Recreation7—Environment Protection (Conservation)8—National Parks and Nature Reserves(2) Land is within a zone if it is indicated on the map:(a) in the case of a coloured map, by the colour indicated on the map as relating to that zone, or(b) in the case of a black and white representation of the map, by the number of the zone.
9 Exempt development
Development of minimal environmental impact is exempt development if it is included in Schedule 1 to DCP 35 and:(a) it is development that may otherwise be carried out with development consent under this plan, and(b) it complies with the development standards and other requirements specified for it in DCP 35, and(c) it is not located on or within a heritage item or within the curtilage of a heritage item identified in this or any other environmental planning instrument or in a development control plan applying to the land, and(d) it is not in an area identified in this or any other environmental planning instrument or in a development control plan applying to the land as land that is bushfire prone, flood liable, contaminated, subject to subsidence, slip, erosion or acid sulfate soil, and(e) it has the relevant approval, where it will be carried out within a zone of influence for a public sewer main, and(f) it has the relevant approval, where it will be carried out on the site of an easement, and(g) it has the relevant approval, where it will involve removal of any native or exotic trees in excess of 3 metres in height, and(h) it is not to be carried out on land in Zone 6 (a) that is designated as a floodway on the map, and(i) it will not be carried out on land that is critical habitat (as defined in the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994) or land that is or is part of a wilderness area (within the meaning of the Wilderness Act 1987), and(j) it is not State significant development, designated development or integrated development. Further, it is not development consent that requires the concurrence of the Director-General of National Parks and Wildlife, and(k) it will not be carried out on land to which an order under the Heritage Act 1977 applies, and(l) it is not to be carried out in Zone 7 or on land otherwise identified in a development control plan as environmentally significant land, and(m) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration or smell, and(n) it does not contravene a condition of a development consent which still applies to the land on which it will be carried out, and(o) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and(p) it is not to be carried out on land identified on maps held by the Council and entitled Habitat for Threatened Species, and(q) it is not to be carried out in or within 40 metres of a natural water body or wildlife corridor, and(r) it will not result in significant alterations to the existing drainage regime, and(s) it is not a potentially hazardous industry or potentially offensive industry under State Environmental Planning Policy No 33—Hazardous and Offensive Development, and(t) it does not require development consent under a regional environmental plan or a State environmental planning policy.
10 Complying development
(1) Development is complying development if it is included in Schedule 2 to DCP 35 and:(a) it is development that may otherwise be carried out with development consent on the land, and(b) it complies with the development standards and other requirements specified for it in DCP 35, and(c) it is not carried out in an area identified in this or any other environmental planning instrument or in a development control plan applying to the land as land that is bushfire prone, flood liable, contaminated, subject to subsidence, slip, erosion or acid sulfate soil, and(d) it is not located on or within a heritage item or within the curtilage of a heritage item identified in this or any other environmental planning instrument or in a development control plan applying to the land, and(e) it has the relevant approval, where it will be carried out within a zone of influence for a public sewer main, and(f) it has the relevant approval, where it will be carried out on the site of an easement, and(g) it has the relevant approval, where it will involve removal of any tree, and(h) it is not on land that is critical habitat (as defined in the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994) or land that is or is part of a wilderness area (within the meaning of the Wilderness Act 1987), and(i) it is not State significant development or designated development or development for which consent cannot be granted except with the concurrence of a person other than the Council or the Director-General of National Parks and Wildlife, and(j) it will not be carried out on land to which an order under the Heritage Act 1977 applies, and(k) it is not to be carried out on land in Zone 7, or on land otherwise identified in a development control plan as environmentally significant land, or on land zoned for open space or arterial roads, and(l) it does not contravene a condition of a previous development consent which still applies to the land on which it will be carried out, and(m) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and(n) it is not to be carried out on land identified on maps held by the Council and entitled Habitat for Threatened Species, and(o) it is not to be carried out within a natural water body or wildlife corridor, and(p) it will not result in significant alterations to the existing drainage regime, and(q) it is not a potentially hazardous industry or potentially offensive industry under State Environmental Planning Policy No 33—Hazardous and Offensive Development, and(r) it does not require development consent under a regional environmental plan or a State environmental planning policy.(2) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Schedule 3 to DCP 35.
11 Development which is allowed or prohibited within a zone
(1) Unless otherwise provided by this plan (such as by the exempt development provisions in clause 9), the Table to this clause specifies for each zone the development that may be carried out only with consent, where “✔” is shown corresponding to that development.(2) Subject to other provisions of this plan (and clause 12 in particular), development referred to in the Table to this clause is prohibited in a zone if “✔” is not shown corresponding to that development.(3) The consent authority may grant consent to development only if it has had regard to:(a) the general objectives of this plan, and(b) the objectives of the zone in which it is proposed to be carried out, and(c) the other provisions of this plan.(4) Development may be carried out on land within Zone 7 only with development consent and only if the development is in accordance with a plan of management for the land adopted by the Council.(5) Any development authorised by or under the National Parks and Wildlife Act 1974 may be carried out on land within Zone 8 without development consent.Table
12 Additional discretion to grant consent
(1) Despite clause 11, but otherwise subject to this plan, the consent authority may grant consent to development that:(a) is not included in the Table to clause 11, or(b) would be prohibited by the Table to clause 11 in the absence of this clause.(2) The consent authority may grant consent pursuant to this clause only where it is satisfied that the proposed development:(a) is of a nature (whether by reason of its design, scale, manner of operation or otherwise) that would, in the absence of this clause, justify an amendment to this plan in order to permit the particular development, and(b) is not inconsistent with the objectives of the zone in which the development site is situated, and(c) is not inconsistent with the provisions of any other environmental planning instrument, and(d) will not have an adverse effect on other land in the vicinity.(3) Development under this clause is advertised development within the meaning of the Act.
Part 3 Special provisions
13 Other development which requires consent
(1) Subdivision Land to which this plan applies may be subdivided, but only with consent. However, unless required by Part 5, consent is not required for a subdivision for the purpose of:(a) widening a public road, or(b) making a minor adjustment to a boundary between allotments, being an adjustment that does not involve the creation of an additional allotment, or(c) rectifying an encroachment on an allotment, or(d) creating a public reserve, or(e) excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other rescue service purposes or public conveniences.(2) Flood liable land Development may be carried out on flood liable land only with consent.(3) Domestic satellite dishes Domestic satellite dishes may be erected in Zone 2 (a) or 2 (b) only with consent.(4) Development on unzoned land Development on land not included in a zone on the map may be carried out only with consent. Consent may be granted only for the carrying out of development that may be carried out in a zone adjoining the land concerned.(5) Special Uses zone Development (including ordinarily ancillary or incidental development) may be carried out only with consent on land within Zone 5 for the purpose of the land use indicated for the land by lettering on the map. If there is no lettering shown on the map for land within Zone 5, the only development that may be carried out on such land is the development identified for that zone in the Table to clause 11 as being allowed with consent.(6) Sandwich shops in Zones 4 (a) and 4 (b) Development for the purpose of a sandwich shop may be carried out only with consent on land within Zone 4 (a) or 4 (b) that is not within 90 metres of an arterial road.(7) Demolition Except as otherwise provided by this plan, a building or work must not be demolished without consent.Consent for demolition of a building or work is not required where that demolition is necessary to carry out development which is allowed by a development consent.(8) Additional uses Despite any other provision of this plan, with the consent of the consent authority:(a) development may be carried out on land specified in Schedule 2 for the purpose of a building, work, place or land use specified in that Schedule in relation to that land, andsubject to such conditions, if any, as may be so specified.(b) land specified in Schedule 2 may be subdivided, if subdivision is specified in that Schedule in relation to that land,(9) Stables Development for the purpose of stables may be carried out with development consent on land at Condell Park within Zone 2 (a) that is bounded by Railway Parade, Edgar Street, Yanderra Street, and the prolongation of the rear boundaries of land on the western side of Ellis Street.(10) Wharves Development for the purpose of pontoons, jetties, piers, berths or moorings may be carried out on land adjoining a waterway, but only with consent.(11) Council land Despite any other provision of this plan, the consent authority may grant consent to development on land within Zone 5 or 6 (a) that is owned by the Council if the development is nominated for that land in a plan of management prepared by the Council.(12) Existing shops in residential zones Where a building on land within Zone 2 (a) or 2 (b) has been constructed as a shop prior to the appointed day and, in the opinion of the consent authority:(a) it is not suitable on physical or economic grounds for conversion to or replacement by a residential use, andthe consent authority may consent to the use of the building or part of the building for a shop or similar land use.(b) the proposed use will not adversely affect the amenity of the locality,Nothing in this clause allows additions or extensions to the non-residential part of a building referred to in this clause.(13) Recycling Where demolition of a building or work is being carried out on land pursuant to a consent, the recycling of the demolished materials may be carried out on the land but only if development consent for the purpose of recycling such material on the land is first obtained.(14) Gaming machinesNote—This provision is deferred matter under the Act.
14 Development by public authorities
The following are allowed on land without consent:(a) the use of existing buildings of the Crown by the Crown, and(b) development or activities specified in Schedule 3.
15 Roads, drainage, open space etc
(1) Development by the Council for the purpose of roads, drainage, open space, landscaping, gardening, bushfire hazard reduction, flood mitigation, car parking, pollution control devices or cycleways, including ordinarily ancillary or incidental development, may be carried out on any land (other than land within Zone 7) without development consent.(2) Development referred to in subclause (1) by a person other than the Council or on land within Zone 7 requires development consent, unless it is exempt development.(3) Despite subclause (2), development for the purpose of bushfire hazard reduction may be carried out on land within Zone 8 by or on behalf of the National Parks and Wildlife Service without development consent.
Part 4 Other special provisions
16 General objectives of these special provisions
The general objectives of this Part are:(a) to minimise the impact of development on the environment, and(b) to preserve trees and remnant bushland and to protect ecosystems, and(c) to ensure that development is carried out in a manner that reflects constraints associated with flooding, acid sulfate soils, aircraft noise and the like, and(d) to provide for the acquisition and use of land reserved for a public purpose, and(e) to improve water quality in the Georges River Catchment area by better managing the quality and quantity of stormwater run-off, and(f) to regulate specific types of development.
17 General environmental considerations
(1) This clause applies to development which is likely to have a significant environmental impact by way of clearing of vegetation, alteration of the natural land form or the potential for air, water or ground pollution.(2) Before granting consent for development to which this clause applies, the consent authority must take into consideration such of the following matters as are relevant to the circumstances of the proposed development:(a) the impact of that development on:(i) flora and fauna, including threatened species, and(ii) water quality of surface water bodies and ground water, and(iii) any catchment management strategy applying to the land, and(b) the reduction of stormwater run-off by minimising the area of impervious surfaces, increasing infiltration and the use of rainwater tanks.
18 Environmentally significant land
(1) This clause applies to land identified in a development control plan as “Environmentally Significant Land—Bushland, Waterways and Corridors” which is referred to in this clause as environmentally significant land.(2) The objectives for environmentally significant land are:(a) to generally minimise the impact of development on this land, and(b) to protect and preserve important areas of fauna habitat or remnant bushland, and(c) to minimise fragmentation and disturbance to remnant bushland, and(d) to protect and improve watercourses, including their riparian buffer area, and(e) to minimise loss of water quality, bank disturbance and loss of riparian vegetation, and(f) to maintain, and enhance where possible, the interconnections between areas of native vegetation which act as corridors for native fauna, and(g) to rehabilitate areas of potential corridor value.(3) Before granting consent for development on land to which this clause applies, the consent authority must be satisfied that the proposed development is consistent with such of the objectives set out in subclause (2) as are relevant to the circumstances of the application.(4) When granting such a consent, the consent authority may impose conditions on the extent or scale of a proposed development so that it better satisfies the objectives set out in subclause (2).
19 Ecologically sustainable development
Before granting consent for development, the consent authority must have regard to the following principles of ecologically sustainable development, to the extent it considers them relevant to the proposed development:(a) the conservation of energy and natural resources, particularly water and soil, and(b) the avoidance of environmentally damaging materials, and(c) the avoidance of significant adverse impact on the natural environment, particularly areas of remnant vegetation, watercourses and native flora and fauna, and(d) waste avoidance and waste minimisation, and(e) encouraging the use of public transport.
20 Trees
(1) The Council may, by resolution, make, revoke or amend a tree preservation order.(2) A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, poisoning, removing or wilful destruction of any tree or trees to which a tree preservation order applies except in accordance with development consent, a permit issued by the Council or otherwise in accordance with the tree preservation order.(3) This clause does not apply in respect of:(a) trees within a State forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or(b) trees in a national park, within the meaning of the National Parks and Wildlife Act 1974, or(c) action required or authorised by or under any Act, or(d) plants declared to be noxious weeds under the Noxious Weeds Act 1993.(4) A tree preservation order and any revocation or amendment of such an order does not have effect until it has been published in a newspaper circulating in the Bankstown City local government area.
21 Development adjacent to water bodies
(1) The Council may determine a foreshore building line on land adjoining a water body.(2) The erection of a building other than:(a) a marina, or(b) single storey boat sheds, or(c) below ground swimming pools, or(d) structures at or below ground level, oris prohibited between a foreshore building line and the adjacent water body.(e) wharves or jetties,(3) Development must not be carried out within 40 metres of a water body except with development consent.(4) In determining a development application permitted by subclause (2) or required by subclause (3), the consent authority must take into consideration the likely impact of that development on the waterway, including the impact on:(a) water quality, and(b) bank stability, and(c) quantity and quality of water flows, and(d) aquatic biota, and(e) riparian vegetation.
22 Acid sulfate soils
(1) Consent usually required A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).Table
Works by which the watertable is likely to be lowered
Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface
Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface
23 Development adjacent to residential zones
In determining a development application that relates to land in a zone other than Zone 2 (a) or 2 (b) adjoining land in Zone 2 (a) or 2 (b), the consent authority must take into consideration the following matters:(a) whether any proposed building is compatible with the height, scale, siting and character of existing residential development within the adjoining residential zone,(b) whether any goods, plant, equipment and other material used in carrying out the proposed development will be stored or suitably screened from residential development,(c) whether the proposed development will maintain reasonable solar access to residential development between the hours of 9 am and 3 pm during the winter solstice,(d) whether noise generation from fixed sources or motor vehicles associated with the proposed development will be effectively insulated or otherwise minimised,(e) whether the proposed development will otherwise cause nuisance to residents, by way of hours of operation, traffic movement, parking, headlight glare, security lighting, fumes, gases, smoke, dust or odours, or the like,(f) whether any windows or balconies facing residential areas will be treated to avoid overlooking of private yard space or windows in residences.
24 Airports
(1) In determining an application for consent to development on land in the vicinity of Bankstown Airport, the consent authority must consider:(a) the impact of the airport on the development to which the application relates in terms of Australian noise exposure forecasts, and(b) the obstacle limitation surface plan for the airport completed by the operator of the airport.(2) In regard to Bankstown Airport:(a) a dwelling (other than a dwelling house) may be erected on land in the vicinity of the airport where the Australian Noise Exposure Forecast (ANEF), as published by the then Civil Aviation Authority in 1990, is between 20 and 25 only if the dwelling meets Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction regarding interior noise levels, and(b) a dwelling house or housing for older people or people with a disability must not be erected on land in the vicinity of the airport where the Australian Noise Exposure Forecast (ANEF) as published by the then Civil Aviation Authority in 1990 exceeds 25 unless the Council is satisfied that the nature of occupation or internal noise attenuation measures enable reasonable amenity for the occupants, and(c) development for the purpose of dual occupancy, villas or rowhouses is prohibited on land in the vicinity of the airport where the Australian Noise Exposure Forecast (ANEF) as published by the then Civil Aviation Authority in 1990 exceeds 25, and(d) a hotel, motel, office premises or a public building may be erected on land where the Australian Noise Exposure Forecast (ANEF) for the airport, as published by the then Civil Aviation Authority, is above 25 only if the building meets Australian Standard AS 2021—2000 regarding interior noise levels.
25 Outdoor advertising
(1) Despite clause 11 but subject to this clause, development for the purpose of an advertisement may be carried out on land within any zone, other than Zone 7, with the consent of the consent authority, unless it is exempt development.(2) Consent may be granted pursuant to subclause (1) only if the advertisement is:(a) a business identification sign, or(b) for the purpose of directing the travelling public to a specific tourist facility or place of scientific, historic or scenic interest in the Bankstown City local government area, or(c) advertising on a sportsground that is consistent with a plan of management.(3) The consent authority may adopt a development control plan for the purpose of recommending the type and size of an advertisement that may be erected or displayed under this clause.(4) The display of an advertisement on a stationary motor vehicle, trailer or the like, on land other than a public road, is prohibited.(5) In this clause, business identification sign means an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed:(a) the identity or a description of the place or premises,(b) the identity or a description of any person residing or carrying on an occupation at the place or premises,(c) particulars of any occupation carried on at the place or premises,(d) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,(e) particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,(g) particulars of any activities held or to be held at the place or premises,(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.
26 Flood liable land
Before determining an application for consent to carry out development on flood liable land, the consent authority must consider the provisions of any relevant development control plan and the requirements of any floodplain development manual published by a public authority that the Council considers relevant to the assessment of the development.
27 Landfill
Consent for the placing of landfill may be granted only if the consent authority is satisfied that:(a) the landfill is required for the reasonable economic use of the land on which it takes place or for the provision of utility services, and(b) there would be no adverse impact by the landfill on:(i) a water body, or(ii) private or public property, or(iii) ground water quality and resources, or(iv) stormwater drainage, or(v) flooding.
28 Temporary development
(1) Any development, not being designated development, may, despite any other provision of this plan, be carried out on any land (other than land comprising or containing a heritage item) with consent, for such period of not more than 6 months as may be determined by the consent authority.(2) Development referred to in subclause (1) may be carried out only if, in the opinion of the consent authority:(a) it is not inconsistent with the objectives of this plan or the objectives of the zone in which the land concerned is situated, and(b) it would not generate an excessive demand for public services, and(c) it would be compatible with the character and amenity of the locality in which it would be carried out in terms of:(i) its design, height and siting, and(ii) its operation, and(iii) traffic generation and car parking, and(iv) noise, light, dust and odour nuisance, and(v) privacy, and(vi) stormwater drainage, and(vii) hours of operation, and(viii) overshadowing, and(d) it would not be inconsistent with any current consent applying to the land, and(e) in the case of land within Zone 7, or environmentally significant land, it would not detrimentally impact on the environmental values of the land.
29 Land classified or reclassified as operational land
(1) The public land described in Schedule 4 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 Part 2 of Schedule 4, 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:(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) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 4 was made, the Governor approved of subclause (2) applying to the land.(4) In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 4, is the local environmental plan that inserted the description of the parcel in that Part.(5) Land described in Part 1 of Schedule 4 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.cl 29: Am 12.9.2003.
30 Floor space ratios
(1) The objectives of the floor space ratios adopted by this plan are as follows:(a) to generally regulate the scale and bulk of development consistently with the capacity and character of the area of the development site,(b) to ensure non-residential development in residential zones is of a similar scale to that of permitted residential development,(c) to regulate the intensity of development in business zones consistently with the role and function of the particular business centre, the capacity of the road network to accommodate business-related traffic, and the availability of public transport,(d) to provide an incentive for redevelopment of key sites in the Bankstown CBD,(e) to ensure that business and retail development in industrial zones is of a scale comparable to mainstream industrial zone activity and does not attract development more appropriately located in business zones.(2) The consent authority must not grant consent to development if it has a floor space ratio in excess of that indicated for the development site on the Floor Space Ratio Map.
31 Pet boarding
Despite clause 11, the consent authority may consent to development for the purpose of boarding of domestic pets on land within Zone 3 (b), 4 (a) or 4 (b), but only if it is satisfied that the use will not create a nuisance that will affect the amenity of any land in the vicinity used for residential purposes.
32 Access for people with disabilities
(1) A new building must not be erected unless it complies with the requirements of the Building Code of Australia in relation to access and facilities for people with disabilities.(2) In the case of proposed development involving:(a) an existing building, orthe consent authority must take into consideration whether adequate provision is, or is able to be, made for such access and facilities.(b) a new building of a type that is not subject to any requirement of the Building Code of Australia in relation to access and facilities for people with disabilities,
33 Brothels
Development for the purpose of a brothel may be carried out only on certain land within Zone 4 (a) or 4 (b) in Villawood, Greenacre, Milperra and South Bankstown as identified on the map.
34 Land acquisition
(1) The owner of any land within Zone 5, 6 (a) or 7 may, in writing, request the public authority corresponding to the category of the land as indicated on the map and as shown in the Table below, to acquire the land.Table
35 Use of land before or after it is acquired
(1) A person may, with consent but subject to subclause (2), carry out development on land within Zone 5 or 6 (a):(a) if the development may be carried out on land in an adjoining zone, or(b) if the development is compatible with development which may be carried out on land in an adjoining zone.(2) Consent may be granted to the development of land before it is acquired:(a) if the land is within Zone 5 and “RTA” is specified on the map to indicate the relevant land use, only with the concurrence of the Roads and Traffic Authority, or(b) if the land is within Zone 6 (a) and the land is included in Schedule 5, only with the concurrence of the Director-General.(3) In determining whether or not to grant that concurrence, the Roads and Traffic Authority or the Director-General must consider the following:(a) the need to carry out development on the land for the purpose for which it is zoned,(b) the imminence of acquisition,(c) the likely additional cost resulting from the carrying out of the proposed development.(4) Before granting consent to development on land within Zone 5 or 6 (a) before it is acquired, the consent authority must consider the following:(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 or likely future use,(d) the effect of the proposed development on the costs of acquisition,(e) the imminence of acquisition,(f) the costs of reinstatement of the land for the land use for which the land may be required to be acquired.(5) Land acquired under clause 34 may be developed, with the consent of the consent authority, for any purpose until such time as it is required for use for the purpose for which it was acquired.(6) Consent for development on land within Zone 5 or 6 (a) after it has been acquired pursuant to this plan may be granted only if the consent authority has considered whether the proposed development would be compatible with the existing and likely future character and amenity of adjoining land in terms of:(a) its scale, bulk, design, siting and landscaping, and(b) its operation, and(c) traffic generation and car parking, and(d) noise, light, dust and odour nuisance, and(e) privacy, and(f) stormwater drainage and flooding, and(g) hours of operation, and(h) overshadowing.
36 Use of land within Zone 7 before it is acquired
The consent authority may grant consent to development on land in Zone 7 before it is acquired, but only if it is satisfied that the proposed development will not detract from the conservation value of the land.
36A Special requirements for particular sites
Consent must not be granted for development of land specified in Column 1 of Schedule 9 unless the requirement relating to that development set out in Column 2 of that Schedule has been complied with.cl 36A: Ins 5.7.2002.
36B Development of land at 80 Miller Road, Villawood
(1) This clause applies to Lot 101, DP 1041971, No 80 Miller Road, Villawood, as shown distinctively coloured, edged heavy black and lettered “2 (a)” or “3 (b)” on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 26)”.(2) Despite any other provision of this plan, the consent authority may grant consent to the subdivision under the Community Land Development Act 1989 of so much of the land to which this clause applies as is within Zone 2 (a), but only if:(a) the number of community development lots, precinct development lots and neighbourhood lots so created does not exceed 181, and(b) each community development lot, precinct development lot or neighbourhood lot so created is at least 200 square metres in area.(3) Despite any other provision of this plan, a person may, with the consent of the consent authority, carry out development for the purpose of light industry on so much of the land as is within Zone 3 (b).(4) Despite any other provision of this plan, the carrying out of development for the following purposes is prohibited in relation to so much of the land as is within Zone 3 (b):(a) bed and breakfast establishments,(b) boarding-houses,(c) centre based child care centres,(d) dual occupancies,(e) dwelling houses,(f) educational establishments,(g) family day care centres,(h) home businesses,(i) home offices,(j) hospitals,(k) hotels,(l) housing for older people or people with disabilities,(m) motels,(n) residential flat buildings,(o) rowhouses,(p) serviced apartments,(q) villas.cl 36B: Ins 2006 (44), Sch 1 [1].
Part 5 Heritage
37 Heritage items
(1) A person must not, in respect of a heritage item or relic, do any of the following except with the consent of the consent authority:(a) demolish, deface, damage, despoil or move the heritage item, or(b) alter the heritage item, or(c) move the relic or excavate land for the purpose of discovering, exposing or moving a relic, or(d) erect a building on, or subdivide, land on which the heritage item or relic is situated, or that comprises the heritage item or relic, or(e) damage or despoil any tree or land on which the heritage item or relic is situated, or that comprises the heritage item or relic, or(f) alter the interior of a building or work that is the heritage item, or(g) use the heritage item for a purpose that is different from its current use.(2) Nothing in this clause operates so as to require consent for development, on land to which this clause applies, that is referred to in Schedule 7 if the Council is satisfied that the development is of a minor nature and does not have an adverse impact on the heritage significance of the heritage item.(3) The consent authority must not grant consent to the carrying out of development related to heritage items unless it considers the proposal is consistent with the following aims and objectives:(a) to conserve the environmental heritage of the land to which this plan applies, and(b) to integrate heritage conservation into the planning and development control processes, and(c) where appropriate, to require the investigation and recording of sites which have archaeological potential, and(d) to provide for public involvement in matters relating to the conservation of environmental heritage, and(e) to ensure that any development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and both their curtilage and setting, and(f) to require, when considered necessary, the consideration of a statement of heritage impact or a conservation management plan before consent is granted for development relating to a heritage item, and(g) to ensure the sympathetic use of sites containing buildings or facades of historic or streetscape importance which contribute to the character of the locality.(4) The consent authority must not grant consent to a development application required by subclause (1) that relates to a heritage item unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item.(5) Where a development application is required by this clause, the consent authority may decline to grant consent until it has considered a statement of heritage impact or a conservation management plan so as to enable the consent authority to fully consider the heritage significance of the item and the impact of the proposed development on the significance of the item, including its interior, curtilage and setting. The statement of heritage impact or conservation management plan is to be prepared by a suitably trained heritage professional according to the guidelines nominated by the consent authority.
38 Development in the vicinity of heritage items
The consent authority must take into consideration the likely effect of the proposed development on a heritage item, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development of land in its vicinity.
39 Heritage advertisements and notifications
The following development is advertised development for the purposes of the Act:(a) the complete or substantial demolition of a heritage item, or(b) the complete or substantial demolition of any significant feature of a heritage item, or(c) the carrying out of any development allowed by clause 41.
40 (Repealed)
cl 40: Rep 17.12.2004.
41 Heritage conservation incentives
Despite any other provision of this plan, the consent authority may grant consent for any development on land that is the site of a heritage item or a potential heritage item if it is satisfied that:(a) the proposed development would not adversely affect the amenity of the surrounding area, and(b) the proposed development is in accordance with a conservation management plan which has been endorsed by the consent authority, and(c) the granting of consent to the proposed development would ensure that all necessary conservation work identified in the conservation management plan is carried out.
42 Development of known or potential archaeological sites
(1) The consent authority may grant consent to the carrying out of development on an archaeological site which has Aboriginal cultural heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal cultural heritage significance only if:(a) it has considered a statement of heritage impact of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and(b) it has notified the Director-General of National Parks and Wildlife of its intention to do so and taken into consideration any comments received from that Director-General within 28 days of the notice being 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 consent authority may grant consent to the carrying out of development on any other archaeological site or a potential archaeological site only if:(a) it has considered a statement of heritage impact of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and(b) it has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days of the notice being sent.(3) Subclause (2) does not apply if the proposed development does not involve disturbance of below ground deposits and the consent authority is of the opinion that the heritage significance of any above ground deposits would not be adversely affected by the proposed development.
Part 6 Rural zone
43 Objectives of the Rural zone
The objectives of Zone 1 are:(a) to recognise the agricultural production potential of rural land, and(b) to permit only those uses which are compatible with the amenity of adjoining areas.
Part 7 Residential zones
44 Objectives of the residential zones
(1) The objectives of Zone 2 (a) are:(a) to complement the single dwelling suburban character of the residential areas of Bankstown City, and(b) to enable dual occupancy, rowhouse and villa development that is otherwise consistent with the objectives of the zone, and(c) to ensure that sites are of sufficient size to provide for buildings, vehicular and pedestrian access, landscaping and retention of natural topographical features, and(d) to ensure that development is of a height and scale which complements existing buildings and streetscapes (noting that 2 storey dwellings may occur throughout residential areas), and(e) to allow for some non-residential use that would not adversely affect the living environment or amenity of the area, and(f) to encourage energy efficiency and resource conservation measures in the design, construction and occupation of residential buildings, and other buildings permitted in this zone, and(g) to ensure adequate public and private open space is available to residents, and(h) to require satisfactory drainage, and(i) to require landscaping of development sites.(2) The objectives of Zone 2 (b) are:(a) to encourage a variety of housing types in Bankstown City, including residential flat buildings, and(b) to promote landscaping as a major element in the residential environment, and(c) to provide for housing which is compatible with surrounding buildings in terms of bulk, height and scale, and(d) to allow for some non-residential uses that provide services to residents which would not adversely affect the living environment of the area, and(e) to ensure that buildings include adaptable and accessible housing, and(f) to encourage residential development which has regard to local amenity and public and private views, and(g) to encourage energy efficiency and resource conservation measures in the design, construction and occupation of residential buildings, and other buildings permitted in this zone, and(h) to ensure adequate public and private open space is available to residents, and(i) to require satisfactory drainage, and(j) to require landscaping of development sites.
45 General restrictions on development
(1) Consent may be granted for a building on land within Zone 2 (a) or 2 (b) only if it would be compatible with the character and amenity of existing and likely future buildings on adjoining land in terms of:(a) its scale, bulk, design, height, siting and landscaping, and(b) its operation, and(c) traffic generation and carparking, and(d) noise, dust, light and odour nuisance, and(e) privacy, and(f) stormwater drainage, and(g) hours of operation, and(h) overshadowing.(2) Development for the purpose of dual occupancies, villas or rowhouses is prohibited on land within Zone 2 (a) that is referred to in Schedule 8.
46 Core residential development standards
(1) The objectives of the standards in this clause are:(a) where an existing allotment is inadequate in terms of its area or width, to require the consolidation of 2 or more single residential allotments for villa development or residential flat buildings, to achieve the other objectives in this subclause, and(b) to ensure that allotments are of sufficient size to accommodate proposed dwellings, setbacks to adjoining residential land, private open space and courtyards, driveways, vehicle manoeuvring areas and the like, and(c) to ensure that the site of a proposed villa development is of adequate area and width to enable that development to be arranged without long lengths of walls in a straight line, and(d) to limit the potential for villa, rowhouse and dual occupancy development in Zone 2 (a), and(e) to ensure that dual occupancy, rowhouse or villa development in Zone 2 (a) retains the general low-density scale and character of existing single dwelling development.(2) The consent authority may grant consent to the subdivision of a single allotment of land within Zone 2 (a) or 2 (b) to create not more than 2 allotments for the purpose of the erection of a dwelling house on each allotment, provided that the average area of the allotments, exclusive of any access corridor, is not less than 450 square metres, and each allotment contains a rectangle with sides of 10 metres and 15 metres behind the setbacks and the building line of the proposed dwelling house.(3) The consent authority is not to grant consent to development for the purpose of villas on an allotment of land within Zone 2 (a) or 2 (b) unless:(a) the allotment has an area of 1,200 square metres or more, and(b) the allotment is at least 20 metres wide at the front building line, and(c) the site area per villa (excluding the area of access handles or rights of way for access) is not less than 300 square metres.(4) The consent authority is not to grant consent to development for the purpose of a detached dual occupancy on an allotment of land within Zone 2 (a) or 2 (b) if the allotment has an area less than 700 square metres or a width of less than 20 metres at the front building line.(5) The consent authority is not to grant consent to development for the purpose of an attached dual occupancy on an allotment of land within Zone 2 (a) or 2 (b) if the allotment has an area less than 500 square metres or a width of less than 15 metres at the front building line.(6) The consent authority is not to grant consent to development for the purpose of rowhouses on an allotment of land within Zone 2 (a) or 2 (b) unless the allotment:(a) is rectangular in shape, and(b) is located on a corner with two street frontages, and(c) has an area of not less than 750 square metres, and(d) has a width of not less than 20 metres at the front building line.(7) The consent authority is not to grant consent to development for the purpose of a residential flat building on an allotment of land within Zone 2 (b) unless:(a) the allotment has an area of not less than 1,500 square metres and a width of not less than 30 metres at the front building line, and(b) the site area per dwelling (excluding the area of access handles or rights of way for access) is:(i) not less than 90 square metres, if the allotment is located within the area bounded by the land referred to in clause 56 (railway land), the Hume Highway and Stacey Street, or(ii) not less than 120 square metres, if the allotment is located within the area bounded by railway land, Marion Street, Oxford Avenue, Shenton Avenue, Chapel Street, Hoskins Avenue (and its projection east to Stacey Street) and Stacey Street.(9) This clause does not apply to the following land:Land to which Part 14 appliesNote—Clause 46 (8), as exhibited, is deferred matter.cl 46: Am 2.8.2002; 9.1.2004; 2005 (139), Sch 1 [1].
47 Isolation of allotments
The consent authority must not grant consent to any development on land within Zone 2 (b) if the proposed development will have the effect of isolating land with an area of less than 1,200 square metres and a width of less than 20 metres at the front building line so as to preclude the reasonable development of that land.
Part 8 Business zones
48 Objectives of the Business zones
(1) The objectives of Zone 3 (a) are:(a) to reinforce the status of Bankstown CBD as a metropolitan regional centre, and(b) to define the scale and type of development in Bankstown CBD, and(c) to link the three key retail precincts—Bankstown Square, the Compass Centre block, and the Town Centre Plaza—and ensure a broad range of consumer choice, and(d) to establish a clear structure of land uses within Bankstown CBD to help focus the desired future character of the different activity precincts in the centre, and(e) to permit a diversity of uses to reinforce the multi-use character of Bankstown CBD, and(f) to encourage mixed-use development within the zone to create a living centre with a 24-hour life, and(g) to ensure the scale and density of development complements the desired future character of each precinct and its location in the centre, and(h) to introduce floor space incentives to encourage the redevelopment of key sites, and(i) to define the parameters for retail activities within the centre, and(j) to encourage the development of offices and other commercial activities in the CBD and promote the centre as a place for employment.(2) The objectives of Zone 3 (b) are:(a) to encourage the provision of retail, business, community, service and entertainment facilities to serve residential areas in the catchment of the zone, without detracting from the primary role of the Bankstown CBD, and(b) to promote the redevelopment of older centres and those in decay, and(c) to enable residential development in business zones, whether or not in conjunction with commercial activity, to promote activity and services in those zones.
49 Restricted premises
(1) Development for the purpose of restricted premises is prohibited on land that is within 200 metres of land within Zone 2 (a) or 2 (b).(2) The consent authority may consent to the carrying out of development for the purpose of restricted premises only where conditions are imposed (in addition to any other conditions which may be imposed by the Council) which require that:(a) no part of the premises, other than an access corridor, will be located within 1,500 millimetres (measured vertically) from any adjoining footpath, roadway, arcade or other public thoroughfare, and(b) any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and(c) no other objects, products or goods related to the restricted premises will be visible from outside the premises.
50 Restrictions on certain development
(1) The objectives of this clause are:(a) to restrict centre-type development to existing shopping centres, and(b) to ensure that existing shopping centres are not adversely affected by the out-of-centre location of centre-type development, or development commonly found in local or regional shopping centres.(2) This clause applies to land within Zone 3 (b) which is identified on the map by dark blue cross-hatching.(3) Despite clause 11, development for the purpose of the following is prohibited on land to which this clause applies:business premises having a gross floor area greater than 1,000 square metres,amusement centres,hypermarkets,supermarkets,department stores,discount department stores,clothing shops,footwear shops,grocery shops having a gross floor area greater than 250 square metres,fruit and vegetable shops having a gross floor area greater than 250 square metres,small electrical appliance shops,entertainment establishments,entertainment facilities.cl 50: Am 9.1.2004.
Part 9 Industrial zones
51 Objectives of the Industrial zones
(1) The objectives of Zone 4 (a) are:(a) to permit primarily industrial uses or uses which are inappropriate in other zones, and(b) to limit retail development, except where:(i) it is ancillary to an industrial use of land, or(ii) it services the daily convenience needs of the local workforce and does not have an adverse impact on the viability of the business areas of the City of Bankstown, and(c) to promote a high standard of:(i) building design (particularly along arterial roads), and(ii) environmental management, energy efficiency and resource conservation, and(d) to allow bulky goods salesrooms or showrooms only where they will not have an adverse impact on the viability of the business areas of the City of Bankstown.(2) The objectives of Zone 4 (b) are:(a) to only permit development that will operate in a manner consistent with maintaining or improving the existing amenity of adjoining residential areas, and(b) to limit retail development except where:(i) it is ancillary to an industrial use of land, or(ii) it services the daily convenience needs of the local workforce, and(c) to promote a high standard of:(i) building design (particularly along arterial roads), and(ii) environmental management, energy efficiency and resource conservation, and(d) to allow bulky goods salesrooms or showrooms only where they will not have an adverse impact on the viability of the business areas of the City of Bankstown.
52 Development in the Industrial zones
(1) This clause applies to land within Zone 4 (a) or 4 (b).(2) Before granting consent for development on land to which this clause applies, the consent authority must take into consideration the following matters:(a) whether the proposed development will provide adequate off-street parking, relative to the demand for parking likely to be generated,(b) whether the site of the proposed development will be suitably landscaped, particularly between any buildings and the street alignment,(c) whether the proposed development will contribute to the maintenance or improvement of the character and appearance of the locality,(d) whether access to the proposed development will be available by means other than a residential street but, if no other means of practical access is available, the consent authority must have regard to a written statement that:(i) illustrates that no alternative access is available otherwise than by means of a residential street, and(ii) demonstrates that consideration has been given to the effect of traffic generated from the site and the likely impact on surrounding residential areas, and(iii) identifies appropriate traffic management schemes which would mitigate potential impacts of the traffic generated from the development on any residential environment,(e) whether goods, plant, equipment and other material used in carrying out the proposed development will be suitably stored or screened,(f) whether the proposed development will detract from the amenity of any residential area in the vicinity,(g) whether the proposed development adopts energy efficiency and resource conservation measures related to its design, construction and operation.(3) The consent authority must not grant consent to development for the purpose of office premises on land to which this clause applies, unless it is satisfied that:(a) the development will not detrimentally affect the viability of any business centre in the locality, and(b) where the development may otherwise have occurred within a business centre in the locality, suitable land for the development is not available in that business centre, and(c) the development is of a type appropriate to an industrial zone, or to the general character of existing development within the industrial zone.(4) The consent authority must not grant consent to development for the purpose of a panel beating workshop on land to which this clause applies if the land adjoins land within a residential zone, unless appropriate arrangements are made to store all vehicles awaiting or undergoing repair, awaiting collection, or otherwise involved with the development on the site of the proposed development, and they will be stored either:(a) within a building, or(b) within a suitably screened area.(5) Despite clause 11, the consent authority may consent to development on land within Zone 4 (a) or 4 (b) for the purpose of the sale of motor vehicles or furniture by auction.(6) The consent authority may grant consent to development for the purpose of a convenience store on land within Zone 4 (a) or 4 (b) only if it has a gross floor area of not more than 250 square metres and is proposed to be used in conjunction with a service station.(7) The consent authority may grant consent to development on land within Zone 4 (a) or 4 (b) for the purpose of an educational establishment other than an infants’, primary or secondary school.
53 Bulky goods salesrooms or showrooms
(1) The consent authority must not grant consent to development for the purpose of bulky goods salesrooms or showrooms on land within Zone 4 (a) or 4 (b) unless it is satisfied that:(a) suitable land for the development is not available in any nearby business centre, and(b) to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land to which this clause applies, defeat the predominantly industrial nature of the zone concerned, and(c) the proposed development will not detrimentally affect the viability of any business centre.(2) The consent authority may adopt a development control plan which has the effect of identifying those parts of Zone 4 (a) or 4 (b) in which bulky goods salesrooms or showrooms should or should not be carried out.
54 Development of certain land at Greenacre
(1) This clause applies to the part of Lot 13, DP 1004336 indicated on the map as a restricted development area, and is part of the land known as 235 Roberts Road, Greenacre.(2) Development for the purpose of landscaping, drainage or utility installations may be carried out on land to which this clause applies with development consent, but for no other purpose.
54A Development of certain land at Padstow
(1) This clause applies to land in the City of Bankstown, being that part of Lot 52, DP 606305, known as 55 Davies Road, Padstow, as shown edged heavy black and coloured violet on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 18)”, which is made up of:(a) land that is shown in a section 88B instrument under the Conveyancing Act 1919 as being restricted for open space purposes only (which is called the open space portion in this clause), and(b) other land (which is called the industrial portion in this clause).(2) A person must not carry out development of the industrial portion of the land to which this clause applies unless vegetation is planted or maintained on a strip of a minimum width of 1 metre on the boundary of that part of the industrial portion of the land that adjoins the open space portion of the land.(3) A person must not carry out development of the industrial portion of the land to which this clause applies unless provision is made for any drainage from that industrial portion to drain away from the open space portion of the land.(4) A person must not carry out development of the open space portion of the land to which this clause applies unless the development is for a purpose consistent with the open space status of the land, which may include, but is not limited to, landscaping and drainage.(5) Clause 7 (1) does not affect any restriction or prohibition created under section 88B of the Conveyancing Act 1919 that limits use of the open space portion so that it may be used only for open space purposes.cl 54A: Ins 11.2.2005.
Part 10 Special Uses zone
55 Objectives of the Special Uses zone
The objectives of Zone 5 are:(a) to identify land owned, used or required to be used by, or under the authority of, a public authority or for other semi-public purposes, and(b) to permit a range of uses which are compatible with the locality.
56 Railway land
Land within Zone 5 shown on the map with the annotation “railways” may, with the consent of the consent authority, be used for any purpose authorised under the Transport Administration Act 1988.
Part 11 Open Space zones
57 Objectives of the Open Space zones
(1) The objectives of Zone 6 (a) are:(a) to ensure that there is a sufficient and equitable distribution of open space to meet the recreational needs of residents and to enhance the environment of Bankstown City, and(b) to ensure preservation of significant landscape elements.(2) The objectives of Zone 6 (b) are:(a) to identify major parcels of land where private recreation is provided, and(b) to permit a range of related facilities.
58 Floodway
(1) This clause applies to land within Zone 6 (a) that has the annotation “floodway” on the map.(2) A building must not be erected or an existing building extended on the land to which this clause applies.
Part 12 Environment Protection zone
59 Objectives of the Environment Protection zone
The objectives of Zone 7 are:(a) to protect environmentally sensitive natural bushland and wildlife corridors of high conservation value, and(b) to protect threatened vegetation communities and their associated native fauna, and(c) to conserve watercourses and their associated riparian vegetation, and(d) to protect sites identified in plans of management as being environmentally sensitive natural bushland or wildlife corridors of high conservation value.
Part 13 National Parks and Nature Reserves zone
60 Objectives of the National Parks and Nature Reserves zone
The objectives of Zone 8 are:(a) to identify existing national parks and nature reserves, and(b) to recognise the administration of this land under the National Parks and Wildlife Act 1974.
Part 14 Revesby Urban Village
pt 14 (cll 61–65): Ins 2.8.2002.
61 Aims of Part
This Part aims to allow development for the purpose of housing (dual occupancies, detached housing, Revesby Villas, townhouses, apartments and shop-top apartments) which achieves an increased residential density in Revesby Urban Village, and occurs in a way that maintains a strong and “individual” character which is reflected through residential design cohesion, community artworks and active public domain spaces.pt 14 (cll 61–65): Ins 2.8.2002.sch 1: Am 5.7.2002; 4.10.2002; 22.11.2002; 24.1.2003; 12.9.2003; 9.1.2004; 23.4.2004; 11.2.2005; 2005 (138), Sch 1 [1] [2]; 2005 (139), Sch 1 [2]–[5]; 2005 (869), Sch 1 [1] [2]; 2006 (44), Sch 1 [2].
62 Land to which this Part applies
This Part applies to the land at Revesby bounded by Bransgrove Road, The River Road, Weston Street, Tarro Avenue (and its projection north across the East Hills Railway Line to Polo Street) and Polo Street.pt 14 (cll 61–65): Ins 2.8.2002.
63 Application of Part
This Part supplements the other provisions of this plan by:(a) specifying objectives and the desired future character for development in different parts, known as precincts, of the Revesby Urban Village, and(b) enabling consent to be granted to development that may otherwise be prohibited under this plan if it achieves the objectives and desired future character for the precinct containing the development site, and(c) enabling the consent authority to regulate development that is otherwise allowed on the land, so that the objectives and desired future character for the precinct containing the development site are achieved to the maximum extent.pt 14 (cll 61–65): Ins 2.8.2002.
64 Development of Revesby Urban Village
(1) In this clause:existing means existing at the commencement of this clause.precinct means a precinct identified on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village—Precinct Plan” held at the office of the Council.Revesby Urban Village means the land to which this Part applies.Revesby Villas means a group of three or more one or two-storey dwellings (whether attached or not) on a single site with a minimum street frontage of 40 metres.(2) Despite any other provision of this plan, consent may be granted to the carrying out of development within Revesby Urban Village, and conditions may be imposed on such a consent, to achieve the following specific objectives for precincts:Precinct 1A:Dual occupancy scale development which retains and reinforces the existing subdivision pattern.Precinct 1B:Single detached house scale development of one or two storeys which retains individual lots in the existing subdivision pattern for housing and may include family housing.Retention or enhancement of the existing “cottage” and “bungalow” architectural style.Retention of the existing narrow and “intimate” character of Simmons Street and Lillian Crescent.Precinct 1C:Revesby Villa and townhouse scale development that enhances the range and mix of residential accommodation whilst retaining the existing streetscape character which is defined by detached housing on individual lots.Retention or enhancement of the existing “cottage” and “bungalow” architectural styles, but achievement of a density of 300m2 per dwelling with new development.Precinct 2A:Revesby Villa, townhouse and apartment scale development which supports higher density residential development of 175m2 per dwelling with a maximum of two storeys and a maximum height of 7 metres from natural ground level to the underside of the ceiling.Encouragement of site amalgamation for higher density residential development.Provision of open space and legible pedestrian links between higher density development in this precinct and the Public Domain Precinct.Precinct 3A:Mixed use two or three-storey scale buildings that encourage individual shop fronts and some larger “supermarket” or “bank” style buildings along Selems Parade and the eastern end of Marco Avenue.Encouragement of shop-top apartments and studios, lofts and townhouses which contain small businesses or home occupation activities.Retention of a consistent building alignment along the street-front.Precinct 3B:Provision of a car park designed to provide for a well-landscaped, safe environment.Precinct 3C:Provision of a car park designed to provide for a well-landscaped, safe environment and to be sensitive to the amenity and character of the adjoining residential area in Simmons Street.Precinct 3D:Three-storey scale mixed use buildings that encourage ground floor retail or business activities and also contain shop-top housing. A consistent building alignment along the street-front is to be provided.Precinct 4A (to the extent that Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village applies):Three-storey scale mixed use buildings with shop-top housing.Encouragement of site amalgamation. Buildings designed so as not to dominate the streetscape.A consistent building alignment along the street front.Note—Part of this precinct is land excluded from Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village (see Sheet 2 of the map supporting that plan).Precinct 4B:Passive open space that retains and enhances recreational opportunities.Precinct 4C:Active community facilities.New development must “address” Ray McCormack Reserve and improve the surveillance and security of that reserve by its building design.Precinct 5A:Note—Land (including the land occupied by the Revesby Workers Club) that is proposed to comprise this precinct is excluded from Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village (see Sheet 2 of the map supporting that plan).Precinct 6A (to the extent that Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village applies):Revesby Villa and townhouse scale development to achieve a density of not less than 175m2 per dwelling with new buildings.On-site car parking must not dominate the streetscape.Note—Part of this precinct is land excluded from Bankstown Local Environmental Plan 2001 (Amendment No 1)—Revesby Urban Village (see Sheet 2 of the map supporting that plan).Precinct 6B:Dual occupancy scale development which retains and reinforces the existing subdivision pattern.Precinct 6C:Single, detached house scale development of one or two storeys which retains individual lots in the existing subdivision pattern for housing and may include family housing.Retention or enhancement of the existing “cottage” and “bungalow” architectural styles.Public Domain Precinct:Shared vehicular/pedestrian zones that build a vibrant “village centre” character with artworks, market days and public “feature” activities that occur in the public domain.Street planting and works that achieve a pleasant micro-climate with a strong physical and visual pedestrian link across the railway line and discourage through vehicular traffic.Enhancement of Abel Reserve with new landscaping, seating, shadestructures, lighting, paving, new playground facilities and public artworks.Use of Abel Reserve as a community meeting place and a place for relaxation.(3) In considering whether the development proposed by a development application complies with the specific objectives for precincts within Revesby Urban Village, the consent authority shall have particular regard to any development control plan made specifically for Revesby Urban Village.pt 14 (cll 61–65): Ins 2.8.2002.
65 Development standards
The consent authority may grant consent for development that does not comply with:(a) a floor space ratio set by clause 30 (2), orprovided it is satisfied that the departure from the standard is necessary to achieve the aims of this Part and the objectives for the precinct in which the development site is situated.(b) a minimum allotment size or width set by clause 46,pt 14 (cll 61–65): Ins 2.8.2002.
Dictionary
(Clause 6 (1))
Aboriginal cultural heritage significance means cultural significance to indigenous inhabitants of New South Wales and can apply to any item, site, place, area or object.
Aboriginal place means a natural sacred site. It includes a natural feature such as a creek or mountain of cultural significance, as well as an initiation, ceremonial or story place, or an area of more contemporary cultural significance, such as an Aboriginal mission and a post-contact site.
Aboriginal site means any place which has the physical remains of pre-historic occupation, or is of contemporary significance to the Aboriginal people. It can include items and remnants of the occupation of the land by Aboriginal people such as burial places, engraving sites, rock art, midden deposits, scarred and carved trees, and sharpening grooves.
acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.
Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General.
Acid Sulfate Soils Planning Maps means the series of maps marked “Bankstown Acid Sulfate Soils Planning Maps” kept in the office of the Council.
adaptation means modifying a place that is a heritage item to suit proposed compatible uses in such a way that it retains its heritage significance.
advertisement means a sign, notice, device or representation in the nature of an outdoor advertisement visible from any public place or public reserve and includes any structure intended to display an advertisement.
agriculture means:but (in the Table to clause 11) does not include any other use or activity elsewhere defined in this plan.
(a) the production of crops or fodder, or
(b) horticulture, including fruit, vegetable and flower crop production and use of land for wholesale plant nurseries, or
(c) the grazing of livestock, or
(d) the keeping and breeding of livestock, including poultry, other birds, and bees,
alter, in relation to a heritage item or relic, means:
(a) make structural or non-structural changes to the outside of the heritage item or relic, such as changes to the detail, fabric, finish or appearance of the outside of the heritage item or relic, but not changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item or relic, or
(b) make structural or non-structural changes to the interior of the heritage item or relic, except changes to floor coverings, the painting of previously painted surfaces, and erection of office partitioning which does not damage original fabric.
amusement centre means a building or place (not being a hotel or tavern) used principally for playing:
(a) billiards, pool, or other like games, or
(b) electrically or mechanically operated amusement devices, such as pinball machines, video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals for commercial purposes, and includes a riding school and veterinary clinic.
appointed day means the day on which this plan takes effect.
archaeological site means a site identified as such in Schedule 6 (Heritage items). It includes any site known to the consent authority to be an archaeological site, even if it is not so identified.
arterial road means:
(a) a road shown on the map as being an arterial road, or
(b) a road declared to be a main road, controlled access road, secondary road or a tollway under the Roads Act 1993, or
(c) a road shown on the Council’s adopted road hierarchy list (a copy of which is available from the office of the Council) as an arterial road.
bed and breakfast establishment means a dwelling house providing accommodation for commercial purposes where:
(a) the owner is a permanent resident living in the dwelling house, and
(b) visitors’ accommodation is provided on a short-term basis only, up to a maximum of 1 month, and
(c) there are not more than 6 visitors at any one time.
boarding-house includes a house let in lodgings or a hostel which accommodates more than 2 boarders or residents, but does not include a motel.
brothel means premises used for the purpose of prostitution, or designed for that purpose, even though used by only one prostitute for the purpose of prostitution.
bulky goods complex means a building or place used to accommodate 2 or more bulky goods salesrooms or showrooms.
bulky goods salesroom or showroom means a building or place used for the sale by retail or auction, or the hire or display, of any of the following:
(a) furniture, or
(b) electrical appliances, or
(c) office furniture, or
(d) hardware, or
(e) outdoor products, or
(f) floor coverings, or
(g) automotive parts and accessories, or
(h) lighting, or
(i) kitchen or bathroom showrooms, or
(j) tiles (floor, ceiling or wall), or
(k) plant and equipment for hire.
business premises means a building or place in which there is carried on an occupation, profession, service, light industry or trade which provides a service directly and regularly to the public, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
car park means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected.
centre based child care centre means a building or place used for the purpose of caring for or educating children which:but does not include a building or place providing residential care for those children.
(a) caters for 6 or more children who are aged under 6 years or who do not normally attend school, and
(b) may operate for the purpose of gain,
communications facility means a building or other structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, including radio masts, transmission towers, satellite discs and the like.
community facility means a building or place owned or controlled by a public authority or a body of persons which provides for the physical, social, cultural, or intellectual development or welfare of the local community, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
community land means land classified as community land within the meaning of the Local Government Act 1993.
compatible use, in relation to a heritage item, means a use which involves no change to culturally significant fabric, but involves a change which is substantially reversible, or which results in a minimal impact on heritage significance.
conservation, in relation to a heritage item, means all the processes of looking after a place so as to retain its cultural significance. It includes maintenance and may according to circumstance include preservation, restoration, reconstruction and adaptation and will be commonly a combination of more than one of these. It may involve a similar use to the original or a significant use of the building or site concerned and will result in no change to culturally significant fabric. It includes changes which are substantially reversible or changes which involve minimal environmental impact.
conservation management plan means a document prepared in accordance with the provisions of the NSW Heritage Manual. It should establish the heritage significance of an item, place or heritage conservation area, and should identify conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
convenience store means a shop selling a variety of small grocery goods, whether or not goods are available for hire there.
Council means the Council of the City of Bankstown.
cultural significance means aesthetic, historic, scientific or social value for past, present or future generations.
curtilage of a heritage item means the area around the heritage item which is required to maintain its heritage significance. It is not limited to the setting or the property boundaries of the site.
dam means all works or activities, including stormwater retention basins, the placement of fill or the excavation of land, involved in the permanent or temporary storage of water on land which significantly alters the shape, natural form or drainage of land.
DCP 35 means Development Control Plan (DCP) No 35, as adopted by the Council on 9 October 2002.
demolish a building or work that is a heritage item, means to wholly or partly destroy or dismantle the heritage item.
demolish a building or work that is not a heritage item, means destroy or dismantle the building or work.
depot means a building or place used for the storage (but not sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
development has the same meaning as in the Act.
dual occupancy means two attached dwellings (with a single common wall) or two detached dwellings on a single allotment where both dwellings face the street.
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.
dwelling house means a dwelling which is the only dwelling erected on an allotment of land.
educational establishment means a building or place used for education (including teaching) and includes:
(a) a government school or non-government school within the meaning of the Education Act 1990, and
(b) a tertiary institution, including a university and TAFE establishment, 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 it, whether or not accommodation for staff or students is provided there and whether or not it is used for the purpose of gain.
entertainment establishment means a building or place used for the purpose of theatres or cinemas.
entertainment facility means a building or place used for the purpose of entertainment, exhibitions, displays or cultural events and includes:
(a) sports stadiums, showgrounds, racecourses and the like, and
(b) music halls, concert halls, open air theatres, drive-in theatres and the like, and
(c) entertainment centres, convention centres, exhibition centres and the like.
extractive industry means:
(a) winning extractive material, or
(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried out and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land.
extractive material means sand, gravel, turf, soil, rock, stone, sandstone or similar substances.
fabric means all the physical material of a building or place.
family day care centre means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling where a family day care service (within the meaning of the Family Day Care and Home Based Child Care Services Regulation 1996) is provided and organised or arranged by a sponsoring body (for example, the Council) and which caters for up to 7 children under 12 years of age (including the care givers’ children), but with a maximum of 5 children under 6 years of age.
family housing means a flat attached to, and on the same allotment as, another dwelling with the flat having access and site facilities shared with the other dwelling and a floor area of not more than 75 square metres. The flat and other dwelling must be the only dwellings on the allotment.
flood liable land means land inundated by the 1% probability flood event for the catchment in which the land is situated and includes land indicated as flood liable on maps prepared by the Department of Public Works and Services.
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 development site.
Floor Space Ratio Map means the map entitled “Bankstown Local Environmental Plan 2001—Floor Space Ratio Map”, as amended by the maps, (or, if sheets of maps are specified, by the specified sheets of maps) marked as follows:
Editorial note—
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
Bankstown Local Environmental Plan 2001 (Amendment No 12)—Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 16)
Bankstown Local Environmental Plan 2001 (Amendment No 18)
Bankstown Local Environmental Plan 2001 (Amendment No 22)—Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 24)—Sheet 2
front building line means the line determined by the Council establishing the minimum setback of a building from the street alignment. In the case of an allotment with frontage to more than one street, the front building line applies to the shortest frontage.
generating works means a building or place used for the purpose of making or generating gas, electricity (otherwise than by the use of domestic solar panels) or other forms of energy.
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 (or the roof structure, in the case of a loft) as measured at a height of 1,400 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 walls, and
(b) lift towers, stairwells, cooling towers, machinery and plant rooms and ancillary storage space and air-conditioning ducts, and
(c) car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to it, and
(d) space for the loading and unloading of goods, and
(e) internal public arcades and thoroughfares, terraces, balconies with outer walls less than 1,400 millimetres high and the like, and
(f) outbuildings, with an area of not more than 70 square metres used for purposes ancillary to a dwelling house.
hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
health consulting rooms means a room or a number of rooms within an existing building that is designed as a dwelling house used by not more than one person to provide professional medical treatment or health care services (including dental, veterinary and optical services) to members of the public and who employ not more than 1 employee in connection with the practice.
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) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
heritage item means a building, part of a building, work, relic, place, archaeological site, tree or landscape or townscape item which is described in Schedule 6. It also includes the site of any such building or work.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
highway service centre means a place which has direct access to a freeway or controlled access road and provides petrol and diesel fuel outlets, toilets, restaurant facilities (for either sit-down or take-away meals, or both), parking for cars, buses and trucks and emergency repair facilities.
home based child care centre means a building or place which provides child care for up to 5 children (including the children of the carer) aged under 6 years, or who do not normally attend school.
home business means a business carried on in a dwelling or a building erected within the curtilage of a dwelling where:
(a) the use does not involve the employment of persons other than residents of the site and a maximum of 1 non-resident, and
(b) the use does not involve the retailing of goods or the display of goods whether in a window or otherwise, and
(c) the use does not involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that building to indicate the name and occupation of the resident or residents), and
(d) the use does not involve a brothel, and
(e) the use does not involve manufacturing or processing of any kind, and
(f) the use does not have a detrimental impact on the amenity of adjoining residences.
home office means a home business undertaken in a single room (with a maximum area of 30 square metres) of a dwelling house, where the use:
(a) only involves the employment of persons who are residents of the dwelling or dwelling house, and
(b) does not have a detrimental impact on the amenity of adjoining residences, and
(c) does not involve any retailing, manufacturing or processing of any kind, and
(d) does not involve a brothel.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or rehabilitative care, diagnosis, medical or surgical treatment, care for people with disabilities, psychiatric care or counselling and services provided by health care professionals) to people who are admitted as in-patients, including any:and includes a building or place that is used exclusively as a day surgery or day procedure centre.
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers and whether or not any such use is a commercial use, and
(c) specialist medical centre,
hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982.
housing for older people or people with a disability means residential accommodation which may take any building form, which is or is intended to be used as housing for the permanent accommodation of older people (persons 55 years old or older) or people with a disability.
industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods, articles, materials, liquids or gases for commercial purposes, but (in the Table to clause 11) does not include a land use elsewhere defined in this Schedule.
institution means a penal or reformative establishment.
in the vicinity of a heritage item means in the local area of the item (for example, behind, around or within view of the item or at a place from which the item can be viewed). In deciding whether something is in the vicinity, the screening effect of current trees or temporary structures is to be excluded.
junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.
landfilling means all works or activities involved in the placement of fill on land, or an excavation of land, which significantly alters the shape, natural form or drainage of land, but does not include creation of dams.
light industry means an industry in which the processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but (in the Table to clause 11) does not include an industry elsewhere defined in this Schedule.
maintenance, in relation to a heritage item, means the ongoing protective care of the existing fabric, finish, appearance or setting of a heritage item. It does not include alterations or the introduction of new materials or technology (for example, injectable damp proof courses or roof treatments).
map means a map deposited in the office of the Council.
marina means:
(a) shoreside facilities for mooring or servicing boats including pontoons, jetties, piers, berths or moorings, and
(b) facilities for dry or rack storage of vessels, repair, maintenance or refuelling of vessels, pumping out of sewage, sail lofts, spillways, hoists, and facilities for the provision of accessories or parts for boats or food for boating operations.
materials recycling yard means a building or place used for collecting, dismantling or storing of second-hand or scrap materials for the sole purpose of recycling the metal, timber or other substances comprising them or from which they are made, whether or not by resale, but does not include a junk yard.
medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.
mine means the obtaining (by methods including excavating, quarrying, dredging, tunnelling or drilling) or removal of minerals, petroleum or natural gas and includes the storage and processing of the material obtained.
mineral has the same meaning as in the Mining Act 1992.
motel means premises, not being a hotel or serviced apartments, used for the temporary or short-term accommodation of travellers.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans, or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed there.
offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development 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 existing or likely future development on other land in the locality.
offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
office premises means a building or place used for the purpose of administration, clerical, technical, professional or like activities, where:but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
(a) dealings with members of the public are not on a direct and regular basis or otherwise than by appointment, and
(b) in the case of land within Zone 4 (a) or 4 (b), or land within Zone 3 (b) which is identified on the map by dark blue cross-hatching (being the land to which clause 50 applies), the employee density does not exceed 1 person for each 50 square metres of gross floor area contained within the building,
operational land means land classified as operational land within the meaning of the Local Government Act 1993.
outbuilding means a detached building or structure used for purposes ancillary to the main dwelling on an allotment and includes cabanas, gazebos, garden sheds, greenhouses, garages, carports and the like.
passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, including any facilities required for parking, manoeuvring, storing or routine servicing of any vehicle forming part of that undertaking.
place of public worship means a building or place used for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group, and includes a monastery.
plan of management, in relation to a heritage item, means a document detailing a schedule of works, in accordance with accepted conservation assessment procedures and techniques, aimed at restoring or maintaining the item.
plan of management, except in relation to a heritage item, has the same meaning as in the Local Government Act 1993.
plant hire means a building or place used to hire out tools, plant and equipment used by builders and do-it-yourselfers and for the service and maintenance of the tools, plant and equipment.
potential archaeological site means a site known to the Council to have archaeological potential.
potential heritage item means a site identified as such in a register kept by the Council and includes a site known to the Council to have heritage potential, even if it is not so identified.
preservation means maintaining the fabric of a place in its existing state and retarding deterioration.
public building means a building or place used as a business or office by a public authority or an organisation established for public purposes.
reconstruction means returning a place as nearly as possible to a known earlier state and is distinguished by the introduction of materials (new or old) into the fabric.
recreation area means:
(a) a children’s playground, or
(b) an area used for sporting activities or sporting facilities, or
(c) an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d) an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose.
recreation facility means a building or place used for sporting activities, recreation or leisure activities, and may incorporate a shop selling take-away food or tourist-related items, whether or not operated for the purpose of gain, and may consist of or include:
(a) a swimming pool, golf course, tennis court, bowling green or playing field, and
(b) a paint ball park or gun club, and
(c) a go-kart track, skating rink, skateboard and rollerblade ramp or mini-golf course, and
(d) a bowling alley, pinball and video parlour or pool hall, and
(e) boating facilities, such as marinas, boatsheds, boat ramps or landing facilities.
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, or is intended to be, registered under the Registered Clubs Act 1976.
relic means any deposit, object or material evidence (which may consist of human remains), relating to the use or settlement of the area of the City of Bankstown, which is 50 or more years old.
research establishment means a building or place used for the testing of any industrial goods or any articles for commercial purposes.
research facility means a building or place used for the design, research or development of any industrial goods or any articles for commercial purposes, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
residential flat building means a building containing two or more attached dwellings (and includes dwellings attached to a shop or office) with shared arrangements for access and parking and shared communal open space in lieu of or as well as private open space, but does not include a dual occupancy.
restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises or to provide take-away meals.
restoration means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material.
restricted premises means a building or place at which:but does not include a newsagency or pharmacy.
(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b) a business to which section 578E of the Crimes Act 1900 applies is conducted,
retail plant nursery means a building or place used for growing plants and selling plants by retail, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold there.
road means a public thoroughfare used for the passage of vehicles or animals.
roadside stall means a place or temporary structure used for the selling by retail of agricultural produce produced on the allotment of land on which the place or temporary structure is located.
road transport terminal means a building or place used for the bulk handling of goods for transport by motor vehicles and includes a building or place used for the loading and unloading of containers.
rowhouses means three attached dwellings erected on a corner allotment of a public road with each having a common wall or walls with the adjoining dwelling or dwellings.
sanctuary means a building or place used for the preservation of native flora or fauna, or both, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
serviced apartments means a building containing two or more self-contained dwellings:
(a) which are used to provide short-term accommodation, but not subject to residential tenancy agreements within the meaning of the Residential Tenancies Act 1987, and
(b) which are serviced or cleaned by the owner or manager of the apartments or the owner’s or manager’s agent.
service station means a building or place used for the sale by retail of motor vehicle fuels and lubricants, whether or not the building or place is also used for any one or more of the following:
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panelbeating, spraypainting or suspension, transmission or chassis restoration),
(e) a convenience store.
setting of a heritage item means what you see when looking from the heritage item, which changes as you move around the item. It may vary from the surrounding garden and field of a country house to the pavement, landscape, streetscape, backdrop and visual catchment of an urban building.
shop means a building or place used for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring them (whether the items are goods or materials), but (in the Table to clause 11) does not include a building or place elsewhere specifically defined in this Schedule.
site area, in relation to development, means the area of land to which an application for consent to carry out the development relates, excluding any land on which the development is not permitted by this plan.
statement of heritage impact for a heritage item is a statement identifying the significance of the heritage item and assessing and justifying the impact that proposed development will have on the significance of the heritage item, including its curtilage and setting. A statement of heritage impact is to be prepared with reference to a conservation management plan or a conservation policy, where such documents have been previously prepared.
the Act means the Environmental Planning and Assessment Act 1979.
the corporation means the corporation constituted by section 8 (1) of the Act.
the map means the series of maps marked “Bankstown Local Environmental Plan 2001”, deposited in the office of the Council, as amended by the maps (or, if sheets of maps are specified, by the specified sheets of maps) marked as follows:
Editorial note—
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
Bankstown Local Environmental Plan 2001 (Amendment No 2)
Bankstown Local Environmental Plan 2001 (Amendment No 3)
Bankstown Local Environmental Plan 2001 (Amendment No 6)
Bankstown Local Environmental Plan 2001 (Amendment No 8)
Bankstown Local Environmental Plan 2001 (Amendment No 9)
Bankstown Local Environmental Plan 2001 (Amendment No 12)—Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 15)
Bankstown Local Environmental Plan 2001 (Amendment No 16)
Bankstown Local Environmental Plan 2001 (Amendment No 18)
Bankstown Local Environmental Plan 2001 (Amendment No 22)—Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 24)—Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 26)
transport depot means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.
utility installation means a building or work used by a utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
utility undertaking means any undertaking carried on by, or by authority of, a public authority or in pursuance of any Commonwealth or State Act, for the purpose of:
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas.
vacant land means land on which, immediately before the day on which a notice requiring its acquisition is given under this plan, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boathouses, fuel sheds, toolsheds, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting.
vehicle repair station means a building or place used for the purpose of carrying out repairs or selling and fitting of accessories to vehicles or agricultural machinery.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
villas means three or more dwellings on a site sharing part of the site for access or open space or site facilities.
warehouse or distribution centre means a building or place used for storing, holding or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.
waste disposal means landfilling which involves the filling of land with:
(a) sludge, or
(b) putrescible waste, or
(c) waste that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste.
water body means:but does not include a dry detention basin or other construction that is only intended to hold water intermittently.
(a) a natural water body, including:(i) a lake or lagoon either naturally formed or artificially modified, or(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or(iii) tidal waters, including any bay, estuary or inlet, or
(b) an artificial water body, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake,
wetland means:
(a) natural wetland, which includes marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, which includes marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and that are constructed from and vegetated with wetland plant communities.
Schedule 2 Additional uses
(Clause 13 (8))
Item No | Property description | Development for the purpose of, or consisting of, the following: |
1 | Lot 2, DP 184160, No 119 Hume Highway, Greenacre, and Lots A–C, DP 412285, Nos 279–283 Hume Highway, Greenacre | Motor showrooms |
2 | Lots 2 and 9, DP 26470, Lots A and B, DP 413832 and Lot X, DP 401267, at Greenacre | Motor showrooms |
3 | Lot 1, DP 26470, Lot B, DP 334262 and Lot 2, DP 13142, Nos 139–141 Hume Highway, Greenacre | Motor showrooms |
4 | Lots 4–8, 35 and 36, DP 12936, No 56 Clapham Road, Sefton | Hotel and newsagency where the newsagency occupation is limited to that area of the land that was occupied by a bottle shop on 27 April 2001, and is not used for the purpose of displaying, or making available for sale or rental, material (whether literature, video, film or goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth or to which section 578E of the Crimes Act 1900 applies. For the purposes of this item, newsagency means a business that sells by retail any of the following items only (and not, for example, general grocery or convenience items): (a) newspapers, magazines, books, (b) stationery, (c) confectionary, non-alcoholic drinks, (d) tobacco, (e) lottery tickets and other products of NSW Lotteries, (f) children’s toys. |
5 | Lots A and B, DP 355003, Lot 119, DP 389833, Lots 110 and 122, DP 332218, Lot 15, DP 665317 and Lot 16, DP 665316, No 6 Kerrinea Road, Sefton | Boarding-house |
6 | Lots 1 and 2, DP 13922, Shellcote Road, Greenacre | Car parking, in association with the use of the adjoining land as a motor showroom |
7 | Lot 3, DP 1008977, No 2 The River Road, Revesby | Drive-in take-away restaurant |
8 | Land, being Roberts Park, Lot 1, DP 191879, No 35 Waterloo Road, Greenacre | Child care centre |
9 | Part of Lot 1 and Lot 3, DP 386055, No 90 Uranus Road, Revesby | Access and carparking for customer and employee vehicles in association with the use of the adjoining land, Lot 2, DP 386055 |
10 | Lots 1 and 2, 132536, Lot 1, DP 430451, Lot 1, DP 337134 and Lot 1, DP 337136, No 416 Hume Highway, Yagoona | Service station |
11 | Lot 15, DP 15217, No 17 Sir Joseph Banks Street, Bankstown | Child care centre |
12 | Nos 30–62 Meredith Street, Bankstown | Medical centre |
13 | Lot A, DP 375000, No 251 Hume Highway, Greenacre | Motor showroom |
14 | Lot 345, DP 713612, Lots 1 and 2, DP 12521, Lot 1, DP 103526 and part of Lot 1, DP 217766, Nos 231–241A Hume Highway, Greenacre | Motor vehicle wrecking and the sale of motor vehicle parts |
15 | Lot 67, DP 587578, Lot B, DP 396903 and part of Lot 7, DP 183929, Nos 43–45A Kitchener Parade, Bankstown | Vehicle wash facility |
16 | Lots 1 and 2, DP 132536, Lot 1, DP 337134, Lot 1, DP 337136 and Lot 1, DP 430451, Nos 416–418 Hume Highway, Yagoona | Motor showroom |
17 | Lot 5, DP 21523, No 51 St Georges Crescent, Georges Hall | Educational establishment and ancillary community uses, if the consent authority is satisfied that measures have been incorporated into the development to enable it to meet Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction |
18 | Lot B, DP 100603, No 525 Hume Highway, Yagoona | Healthcare practice comprised of a number of rooms forming either the whole or part of, attached to or within the curtilage of a dwelling house and used or intended for use by not more than three persons practising as legally qualified medical practitioners or dentists within the meaning of the Dentists Act 1989 |
19 | Lot 154, DP 752013, No 217 Bransgrove Road, Panania and Part Lot 25, DP 4804, Lots 26 and 27, DP 4804 and Lot B, DP 418953, No 195 Horsley Road, Panania | Waste and recycling centre |
20 | Lots 1–5, DP 309748, Nos 1–3 Sir Joseph Banks Street, Bankstown and Nos 31–35 Rickard Road, Bankstown | Mixed commercial and residential development (comprising ground floor commercial uses and residential uses on the remaining levels) on a consolidated parcel of lots. The floor space ratio is to be no more than 2:1. |
21 | Nos 342–364 Hume Highway, Bankstown and Nos 2–8 George Street, Yagoona and Nos 2–24 Rookwood Road, Bankstown and Yagoona, being Lot 1 DP 574065, Lot 100 DP 716564, Lot 1 DP 599460, Lots 11 and 12 DP 16887 and Lots 1–17 DP 16667 | Bulky goods complex. The gross floor area of a bulky goods salesroom or showroom in a bulky goods complex is to be at least 500 square metres. |
22 | Nos 9–71 Chapel Road, Nos 7–43 Hoskins Avenue, Nos 2–32 Clements Avenue and Nos 151–173 Canterbury Road, Bankstown, being Lot 1 DP 1036664, Lots E–L DP 13391, Lot A DP 317585, Lot B DP 367415, Lot 2 DP 350706, Lots 1, 2 and 4 DP 17159, Lots 101 and 102 DP 1008066, Lot 1 DP 122132, Lot 10 DP 571899, Lots 60, 61, 67–70, 75, 76 and 78 DP 13506, Lot 79 DP 626469, Lot 171 DP 537394, Lot A DP 374843, Lot 1 DP 572478, Lot 2 DP 707642, Lots 11–17 and 26–32 DP 730034, Lot 100 DP 816803 and Lot 210 DP 826461 | Bulky goods complex. The gross floor area of a bulky goods salesroom or showroom in a bulky goods complex is to be at least 500 square metres. |
23 | Lot 1 DP 873629, No 2 Carysfield Road, Georges Hall | Refreshment room and tavern |
24 | Lot 10 DP 731859, No 56 Prescott Parade, Milperra | Hotel use in conjunction with existing clubhouse |
25 | Lots 1 and 2, DP 872124, known as 52 and 60 Roberts Road, Greenacre, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 10)” | High-tech industry—being an enterprise: (a) that has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following: (b) that does not interfere with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit or oil or otherwise. The maximum floor space ratio for buildings used for the purpose of high-tech industry is 0.6:1. |
sch 2: Am 9.1.2004; 11.3.2005; 2005 (139), Sch 1 [6].
Schedule 3 Development by public authorities
(Clause 14)
1 Rail transport
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, andbut excluding:(b) the erection within the limits of a railway station of buildings for any purpose,(c) the construction of new railways, railway stations and bridges over roads, and(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and(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 Water, sewerage, drainage, electricity and gas
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:(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 of any plant or other structures or erections required in connection with the station or substation,(c) the installation or erection of any plant or other structures or erections by way of addition to, or replacement or extension of, plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer 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 the process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council,(f) routine maintenance and emergency works,(g) any other development, except:(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings, so as materially to affect their design or external appearance, or(ii) the formation or alteration of any means of access to a road.
3 River transport
The carrying out by persons carrying on utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purpose 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 their design or external appearance, or(b) the formation or alteration of any means of access to a road.
4 Air transport
The carrying out by persons carrying on utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or(b) the formation or alteration of any means of access to a road.
5 Road transport
The carrying out by persons carrying on utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by roads, 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 their design or external appearance, or(b) the formation or alteration of any means of access to a road.
6 Mines
The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purpose of a mine, except:(a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or(b) the formation of any means of access to a road.
7 Roads
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.
8 Water resources
The carrying out or causing to be carried out by the Council when engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Farm Water Supplies Act 1946, the Rivers and Foreshores Improvement Act 1948 or the Water Management Act 2000, except:(a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or(b) the formation or alteration of any means of access to a road.
Schedule 4 Classification or reclassification of public land
(Clause 29)
Part 1
Bankstown | |
25 Arkley Street | Part of Lot 57, DP 10227, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 174”. |
Griffith Park | Lot 12, DP 861164, No 4A Olympic Parade, Bankstown, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 170”. |
17 Sir Joseph Banks Street | Lot 15, DP 15217, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 175”. |
Greenacre | |
Koala Road | Koala Reserve, DP 11082, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 162”. |
Milperra | |
13 Ruthven Avenue | Lot 201, DP 850124, as shown edged heavy black on Sheet No 2 of the map marked “Bankstown Local Environmental Plan No 161”. |
Part 2
Bankstown | |
375 Chapel Road (part of) | Part of Lot 6, DP 777510, as shown coloured dark blue on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 9)”. |
Revesby | |
Marco Reserve | Lots 22 and 24, DP 35611, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 6)”. |
sch 4: Am 4.10.2002; 12.9.2003.
Schedule 5 Land to be acquired by the corporation
(Clauses 34 and 35)
Lot | DP | Acquire | Address | Suburb | |
1 | 14606 | Part | 1 | Queensbury Road | Padstow Heights |
2 | 14606 | Part | 3 | Queensbury Road | Padstow Heights |
11 | 833353 | Part | 7 | Queensbury Road | Padstow Heights |
21 | 13037 | Part | 1 | Raftree Street | Padstow Heights |
20 | 13037 | Part | 3 | Raftree Street | Padstow Heights |
19 | 13037 | Part | 5 | Raftree Street | Padstow Heights |
18 | 13037 | Part | 7 | Raftree Street | Padstow Heights |
17 | 13037 | Part | 9 | Raftree Street | Padstow Heights |
16 | 13037 | Part | 11 | Raftree Street | Padstow Heights |
Z | 401617 | Whole | 11 | Raftree Street | Padstow Heights |
2 | 859976 | Part | 17 | Raftree Street | Padstow Heights |
1 | 859976 | Part | 17A | Raftree Street | Padstow Heights |
28 | 13037 | Part | 12 | Villiers Road | Padstow Heights |
27 | 13037 | Part | 14 | Villiers Road | Padstow Heights |
26 | 13037 | Part | 16 | Villiers Road | Padstow Heights |
25 | 13037 | Part | 18 | Villiers Road | Padstow Heights |
24 | 13037 | Part | 20 | Villiers Road | Padstow Heights |
23 | 13037 | Part | 22 | Villiers Road | Padstow Heights |
22 | 13037 | Part | 24 | Villiers Road | Padstow Heights |
123 | 818660 | Part | 11 | Queensbury Road | Padstow Heights |
276 | 11759 | Whole | 7 | Henry Lawson Drive | Lansdowne |
277 | 11759 | Whole | 7 | Henry Lawson Drive | Lansdowne |
278 | 11759 | Whole | 7 | Henry Lawson Drive | Lansdowne |
350 | 11759 | Whole | 42 | Tillet Parade | Lansdowne |
351 | 11759 | Whole | 42 | Tillet Parade | Lansdowne |
352 | 11759 | Whole | 42 | Tillet Parade | Lansdowne |
605 | 11760 | Whole | 35 | Watt Parade | Lansdowne |
Schedule 6 Heritage items
(Schedule 1)
Note—
An asterisk (*) identifies an archaeological site.
No | Street | Suburb | Lot | DP No | Description |
77 | Anderson Avenue | Panania | A, B and C | 35652 | Schwarzel Monument, 1937, in library grounds |
2a | Bagdad Road | Regents Park | 12 1 1 2 1 83–85 | 733976 121450 794886 794490 794886 8962 | Regents Park Primary School, 1899 |
102 | Bankstown City Plaza | Bankstown | A and B | 343521 | Bankstown Hotel, 1922 |
109 | Bankstown City Plaza | Bankstown | 1 | 119533 | Shop—original Accommodation House, 1908 |
143 (Railway land) | Bankstown City Plaza | Bankstown | 20 | 873506 | Bankstown Railway Station Platform |
143 (Railway land) | Bankstown City Plaza | Bankstown | 20 | 873506 | Bankstown Railway Platform Building, 1908 |
144B | Bankstown City Plaza | Bankstown | 1 | 182368 | Bankstown Parcels Office |
(Road) | Bullecourt Avenue, Fleurbaix Avenue, Ashford Avenue | Milperra | Former Milperra Soldier Settlement | ||
33 | Catherine Street | Punchbowl | 40 Y | 8422 393602 | “The Arches”, Arts and Crafts Bungalow |
346 | Chapel Road | Bankstown | 1–3 | 102240 | Rosen Chambers, 1922 |
375 | Chapel Road | Bankstown | 6 | 777510 | Council Chambers, 1960’s |
525 | Chapel Road | Bankstown | 1 51, Section A | 314457 7058 SP 58821 | Interwar brick house, 1922 |
574 | East Hills Park | East Hills | C | 10546–2030 | Caird’s Wharf* |
Edith Street | Lansdowne | 277 | 11759 | “Landsdowne”, house | |
31 | Ferndale Road | Revesby | 1 | 212354 | “Ferndale Cottage”, house |
925 | Henry Lawson Drive | Revesby | 45–47 Section 10 Part Portion 86 | Volume 7345 Folio 63 | Cattle Duffer’s Flat* in Georges River State Recreation Area |
49 | Hill Road | Birrong | B | 400155 | “Allder’s Farmhouse”, house |
2A 2 | Hume Highway | Chullora | 1 12 | 547215 834734 | Site of Jackson’s “Royal Arms Inn”* |
300 | Hume Highway | Bankstown | 1 1 and 2 | 744542 834597 | Water Reservoir, at Stacey Street intersection* |
321 | Hume Highway | Bankstown | 3–5 A and B | 703355 347099 | Site of Colls’“Speed the Plough Inn” Wood Park* |
347A (Cemetery) | Hume Highway | Bankstown | 12 1 1 and 2 | 132512 132513 726443 | St Felix Cemetery* |
361 | Hume Highway | Bankstown | 5 | 9522 | Shop—Meredith Street corner, 1919 |
363 | Hume Highway | Bankstown | 3 | 9522 | Shop—Meredith Street corner, 1919 |
401 | Hume Highway | Yagoona | D | 392202 | Formerly J.B. Brancourt’s garage First car showroom, 1924 |
656 | Hume Highway | Yagoona | SP 60927 | Site of the “Globe Inn”* | |
724–734 | Hume Highway | Yagoona | 25–38 | 13125 | Site of Pugh’s “Crooked Billet Inn”* |
885 | Hume Highway | Bass Hill | 259 | 230871 | Milestone south side, east of Farrell Street (east) “Sydney XV Liverpool VI” |
(Milestone) | Hume Highway | Villawood | 11759 | Milestone south side, east of Henry Lawson Drive “Sydney XVI Liverpool V” | |
59 | Johnson Road | Bass Hill | 2A | 405520 | House, c 1900 in grounds of Crest Baptist Church |
1A | Lionel Street | Georges Hall | 101 | 827530 | Johnston Farmhouse site* |
1A | Lionel Street | Georges Hall | 101 | 827530 | Early Georgian stone house “The Homestead” |
76 | Miller Road | Chester Hill | 1 | 538474 | Westbridge Migrant Hostel 1949 |
345 | Milperra Road | Georges Hall | 1–3 | 623875 | Bankstown Aerodrome |
2 | Mimosa Road | Greenacre | 1 | 170971 | Methodist hall, 1920’s |
25 | Old Kent Road | Greenacre | A | 350074 | House |
76–78 | Powell Street | Yagoona | 5 | 25154 | House, formerly a convent and police station |
Regents Park Station | Regents Park | 12 | 10007007 | Sefton Junction Sub-station and signal box, c 1924 | |
61 | Restwell Street | Bankstown | 1 2–7, Section 1 | 516930 13167 | Bankstown Primary School, 1920’s |
201 (Allder Park) | Rodd Street | Sefton | 2 and 3824 | 430031 | Site of Tower’s “Ranah/The Ranch”* |
50 | Rookwood Road | Yagoona | C | 365541 | “Carinya”, house |
146 | Rookwood Road | Yagoona | 2 | 225818 | Potts Hill Reservoir including Reservoirs Nos 1 and 2, 1880’s–1922 |
290 | South Terrace | Bankstown | 6 | 525238 | First floor shop facade |
26 | Stanley Street | Bankstown | 1 | 5993050 | Brick Baptist Church, 1920 |
2 | Sussman Avenue | Bass Hill | 27 | 31109 | “Carysfield Hall”, house |
84 | The River Road | Revesby | 17, 18, 21–24 and 45–48, Section 10 1 1 2 | 2343 122996 181955 122996 | Revesby Primary School |
4 | Tompson Road | Revesby | 1 | 777621 | “The Pah” Victorian house rendered brick, c 1896 |
10 | Vimy Street | Bankstown | 46 | 13055 | WSHC house “Weymouth” |
22 | Vimy Street | Bankstown | 40 | 13055 | WSHC house “The Nest” |
105 | Waterloo Road | Greenacre | 1 303 39–44 and 357 | 169574 820522 11603 | Greenacre Public School |
357 | Waterloo Road | Greenacre | 4 | 601166 | Site of Liebentritt’s Pottery* |
65 | William Street | Condell Park | A | 403745 | Corner Store |
141 | William Street | Bankstown | 100 | 792380 | West Bankstown Public School |
Pipeline | 1A Woodville Road/1 Campbell Hill Road/61A, 61B and 61C Priam Street/7 Hector Street/1 and 2A Chisholm Road/1A Auburn Road/227 Rookwood Road | Bankstown | Part 1 Part 1 A and B 2 and Part 3 Part 1 Part 1 Part 1 Part 1 | 225815 225816 328385 225816 623945 225817 610313 745651 | Water pipeline along northern boundary 1885* |
sch 6: Am 23.4.2004.
Schedule 7 Exemption criteria for minor works to dwelling houses
(Clause 37 (2))
1
The erection of rear carports or garages located behind the line of the rear of a dwelling and with a roof to match the slope, colour, materials and form of the main roof of the dwelling, and with wall and door materials to be sympathetic to the dwelling.
2
The installation of skylights located in areas that are not visible from any part of the street and do not interfere with original interior features, such as walls, patterned ceilings and the symmetry of ceiling layouts.
3
Any development such as repainting, a different use resulting from a minor change of use, or minor internal modifications.
4
Such works as may be lawfully carried out only because of an order under section 139 (4) of the Heritage Act 1977.
Schedule 8 Land referred to in clause 45 (2)
(Clause 45 (2))
No | Street | Suburb | Lot No | DP No |
3 | Carinya Road | Picnic Point | 2 | 786231 |
3A | Carinya Road | Picnic Point | 1 | 786231 |
3B | Carinya Road | Picnic Point | 30.48m Reservation | |
5 | Carinya Road | Picnic Point | 101 | 884106 |
5A | Carinya Road | Picnic Point | 502 | 843853 |
7 | Carinya Road | Picnic Point | 76 | 10177 |
9 | Carinya Road | Picnic Point | 2 | 319901 |
11 | Carinya Road | Picnic Point | 1 | 319901 |
13 | Carinya Road | Picnic Point | 2 | 596213 |
13A | Carinya Road | Picnic Point | 1 | 596213 |
15 | Carinya Road | Picnic Point | 2 | 450136 |
17 | Carinya Road | Picnic Point | 1 | 450136 |
19 | Carinya Road | Picnic Point | B | 316078 |
21 | Carinya Road | Picnic Point | A | 316078 |
23 | Carinya Road | Picnic Point | 71 | 10177 |
25 | Carinya Road | Picnic Point | 70A | 10177 |
27 | Carinya Road | Picnic Point | 70 | 10177 |
29 | Carinya Road | Picnic Point | 69A | 10177 |
31 | Carinya Road | Picnic Point | 69 | 10177 |
33 | Carinya Road | Picnic Point | 68C | 411250 |
35 | Carinya Road | Picnic Point | 68B | 411250 |
37 | Carinya Road | Picnic Point | 67A | 10177 |
39 | Carinya Road | Picnic Point | 67 | 10177 |
41 | Carinya Road | Picnic Point | 2 | 562296 |
43 | Carinya Road | Picnic Point | 48 | 13092 |
45 | Carinya Road | Picnic Point | 47 | 13092 |
47 | Carinya Road | Picnic Point | 46 | 13092 |
49 | Carinya Road | Picnic Point | 45 | 13092 |
50A | Carinya Road | Picnic Point | 51 | 13092 |
50B | Carinya Road | Picnic Point | 270 | 865426 |
51 | Carinya Road | Picnic Point | 44 | 13092 |
52 | Carinya Road | Picnic Point | 1 | 580291 |
53 | Carinya Road | Picnic Point | 43 | 13092 |
55 | Carinya Road | Picnic Point | 421 | 880155 |
55A | Carinya Road | Picnic Point | 422 | 880155 |
55B | Carinya Road | Picnic Point | 50 | 13092 |
57 | Carinya Road | Picnic Point | 41 | 13092 |
59 | Carinya Road | Picnic Point | 40 | 13092 |
61 | Carinya Road | Picnic Point | 1 | 870876 |
61A | Carinya Road | Picnic Point | 2 | 870876 |
63 | Carinya Road | Picnic Point | 38 | 13092 |
65 | Carinya Road | Picnic Point | 37 | 13092 |
67 | Carinya Road | Picnic Point | 36 | 13092 |
69 | Carinya Road | Picnic Point | 35 | 13092 |
71 | Carinya Road | Picnic Point | 34 | 13092 |
73 | Carinya Road | Picnic Point | B | 345698 |
75 | Carinya Road | Picnic Point | A | 345698 |
Schedule 9 Special requirements for particular sites
(Clause 36A)
Column 1 | Column 2 |
Locality/description | Requirement |
Bass Hill | |
64 Johnston Road/1 Arundle Road | The consent authority must be satisfied that noise mitigation measures to control aircraft noise have been incorporated into the development so that the development complies with AS 2021—2000Aircraft noise intrusion—Building siting and construction. |
Regents Park | |
20–28A Auburn Road and 1–8 and 17 Gunya Street | The consent authority must consider whether the proposed development of the land will cause any significant adverse environmental noise or air impacts to the residential or educational land uses in the vicinity of the land. |
30–46 Auburn Road | The consent authority must be satisfied that mitigation measures to control road and rail noise and vibration have been incorporated into the development so that the development complies with the following: (a) AS/NZS 2107:2000, Acoustics—Recommended design sound levels and reverberation times for building interiors, (b) AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction, (c) BS 6472:1992, Guide to evaluation of human exposure to vibration in buildings (I Hz to 80 Hz), (d) Environmental criteria for road traffic noise (an Environment Protection Authority document published in May 1999), (e) Interim Guidelines for Councils: Consideration of Rail Noise and Vibration in the Planning Process (a joint document of the Rail Infrastructure Corporation and the State Rail Authority published in November 2003). |
Yagoona | |
82 Allum Street | The consent authority must be satisfied that noise mitigation measures to control rail noise have been incorporated into the development so that the development complies with AS/NZS 2107:2000, Acoustics—Recommended design sound levels and reverberation times for building interiors and the rail noise criteria set out in Chapter 163 of the Environment Protection Authority’s publication titled Environmental Noise Control Manual. |
sch 9: Ins 5.7.2002. Am 22.11.2002; 12.9.2003; 2005 (138), Sch 1 [3]; 2005 (330), Sch 1 [1]–[4].