Hornsby Shire Local Environmental Plan 1994



Part 1 Preliminary
1   Name of plan
This plan is called Hornsby Shire Local Environmental Plan 1994.
2   Aims and objectives of the plan
(1)  The aims of this plan are:
(a)  to provide an updated and simplified plan for the area of Hornsby, and
(b)  to protect and enhance the environmental qualities of the area, and
(c)  to facilitate the orderly and economic development of land within the area, and
(d)  to promote the well-being of the area’s population.
(2)  The objectives of this plan are:
(a)  to provide a land use framework for the preparation of detailed development control plans, and
(b)  to protect environmentally sensitive areas and the heritage of the area, and
(c)  to improve opportunities for ecologically sustainable development, and
(d)  to provide for the cultural needs of and the equitable provision of services and facilities for the community.
(3)  The matter appearing under the heading “Objective of Provision” in each provision of Parts 3 and 4 is intended to explain the purpose of the provision concerned and does not form part of the provision.
3   Land to which the plan applies
(1)  This plan applies to all land within the area of Hornsby as shown on the map.
(2)    (Repealed)
cl 3: Am 8.12.1995.
4   Relationship to other planning instruments
(1)  The Hornsby Planning Scheme Ordinance is repealed in so far as it relates to the land to which this plan applies.
(2)  The following environmental planning instruments do not apply to land to which this plan applies:
(a)  State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision,
(b)  Sydney Regional Environmental Plan No 12—Dual Occupancy,
(c)  County of Cumberland Planning Scheme Ordinance.
(3)  This plan amends State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision by omitting item 5 of Schedule 1 (Land to which this policy does not apply) and by inserting instead the following item:
  
5   Hornsby
Land to which Hornsby Shire Local Environmental Plan 1994 applies.
(4)  This plan amends Sydney Regional Environmental Plan No 12—Dual Occupancy by inserting after item 1 of Schedule 1 (Land to which this plan does not apply) the following item:
  
1A  Land to which Hornsby Shire Local Environmental Plan 1994 applies.
(5)  For the purpose of State Environmental Planning Policy No 1—Development Standards the provisions of clauses 14, 15 and 20 and Schedule B which specify numeric criteria are intended to be development standards. Other provisions within this instrument which specify numeric criteria are not intended to be development standards for the purposes of State Environmental Planning Policy No 1—Development Standards.
5   Consent authority
The Council shall be the consent authority for the purposes of this plan.
6   Savings
(1)  Nothing in this plan shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit:
(a)  the carrying out of development described in Schedule A, or
(b)  the use of existing buildings of the Crown by the Crown.
(2)  Environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and the Hornsby Planning Scheme Ordinance) as in force immediately before the commencement of this plan continue to apply to a development application if:
(a)  the application was made but had not been finally determined before that commencement, and
(b)  the development that is the subject of the application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.
(3)  Development carried out by or on behalf of the Council for the purposes of the following may be carried out on any land without development consent:
(a)  construction or maintenance of stormwater drainage, water quality treatment devices, water tanks, recreation areas, public amenities, temporary storage facilities,
(b)  installation or maintenance of street furniture, such as seats, Council information signs, street signs, street lights, bus shelters, garbage and recycling containers and bins, bollards, flag poles, telephone kiosks and the like, but not fixed outdoor vending machines,
(c)  construction and maintenance of roads, footpaths, cycleways, parking areas, fire trails, walking tracks and other public pedestrian areas, roads, including tree planting and repaving, street surfacing, reconstruction of kerbs, gutters and the like,
(d)  installation or maintenance of park furniture including seats, picnic tables, barbecue units and shelters, awnings and shade structures, gazebos and pergolas, bollards, playground equipment, flag poles, bridges, staircases, boardwalks, lighting (excluding ovals, tennis courts and the like), Council information signs,
(e)  installation and maintenance of goal posts, sight screens, fencing and similar ancillary sporting structures on sporting or playing fields for use in the playing/performance of sporting events (excluding grandstands, dressing sheds and other structures),
(f)  installation and maintenance of temporary structures for special events, including marquees, booth toilets, stages, tents, scaffolds and the like,
(g)  bush fire hazard reduction carried out in accordance with a bush fire management plan under the Rural Fires Act 1997,
(h)  bush regeneration, landscaping, gardening, tree planting, tree maintenance and tree removal.
(4)  The Council shall not undertake any works in accordance with subclause (3), unless it has given written notice to such persons who own or occupy the land adjoining the land on which the work is to be undertaken and the Council has considered any written submission made in relation to the works.
(5)  Regardless of subclause (4), the Council need not give written notice of a work proposed to be undertaken in accordance with subclause (2), where, in the opinion of the Council, the work is of a minor nature or has previously been the subject of community consultation.
(6)  A development application lodged, but not finally determined, before the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 78) is to be determined as if that plan had been exhibited but had not been made.
cl 6: Am 25.2.2000; 2006 (474), Sch 1 [1].
Part 2 Zoning controls
7   Zoning control table
(1)  The zoning control table below describes the objectives for each zone, what development is permitted without development consent or only with development consent and what development is prohibited. The table also describes how the zone is shown on the map. The table relates to the following zones:
Rural AA (Large Holdings—Agricultural Landscapes) Zone
Rural AE (Large Holdings—Extraction) Zone
Rural AR (Large Holdings—Rural Landscapes) Zone
Rural BA (Small Holdings—Agricultural Landscapes) Zone
Rural BR (Small Holdings—Rural Landscapes) Zone
Residential A (Low Density) Zone
Residential AA (Low Density—Aquaculture) Zone
Residential AM (Low Density—Medical Support) Zone
Residential AR (Low Density—Rural Village) Zone
Residential AS (Low Density—Sensitive Lands) Zone
Residential AT (Low Density—Tourist Village) Zone
Residential B (Medium Density) Zone
Residential C (Medium/High Density) Zone
Residential D (High Density) Zone
Business A (General) Zone
Business B (Special) Zone
Business C (Neighbourhood) Zone
Business D (Aquatic Service Centre) Zone
Business E (Service Centre) Zone
Business F (Town Centre) Zone
Business G (Town Centre Support) Zone
Industrial A (General) Zone
Industrial B (Light) Zone
Special Uses A (Community Purposes) Zone
Special Uses B (Transport Corridor) Zone
Open Space A (Public Recreation—Local) Zone
Open Space B (Public Recreation—District) Zone
Open Space C (Private Recreation) Zone
Environmental Protection A (Wetlands) Zone
Environmental Protection B (River Catchment) Zone
Environmental Protection C (Tourist) Zone
Environmental Protection D (Recreation) Zone
Environmental Protection E (River Settlement) Zone
National Parks and Nature Reserves Zone
(2)  The objectives of the zone listed under the zone title are required to be taken into account by the Council before development consent is given to the carrying out of development within that zone.
Rural AA (Large Holdings—Agricultural Landscapes) Zone
Objectives of Zone
(a)  to restrain population growth, maintain the rural character of the area and ensure that existing or potentially productive agricultural land is preserved in large land holdings.
(b)  to promote agricultural use of land and provide for a range of compatible land uses which maintain the agricultural and rural environment of the area.
(c)  to ensure development is carried out in a manner that improves the environmental qualities, and is within the servicing capacity, of the area.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works in accordance with a farm management plan.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; animal boarding or training establishments; aquaculture; art and craft galleries; bed and breakfast accommodation; child care centres; communications facilities; community facilities; dams; demolition; dwelling-houses; ecotourism facilities; extractive industries; farmstay accommodation; forestry; group homes; guesthouse accommodation; home industries; intensive animal establishments; intensive horticulture establishments; land cleaning; mines; places of worship; recreation areas; recreation facilities; residential offices; roadside stalls; rural industries; rural structures; rural workers’ dwellings; stock and sale yards; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured light brown and lettered “AA”.
Rural AE (Large Holdings—Extraction) Zone
Objectives of Zone
(a)  to restrain population growth, ensure that existing or potentially productive agricultural land is preserved and protect geological resources.
(b)  to enable extraction of geological resources, prevent fragmentation of land and provide for a range of compatible land uses which maintain the rural environment of the area.
(c)  to ensure development is carried out in a manner that improves the environmental qualities, and is within the servicing capacity, of the area.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works in accordance with a farm management plan.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; animal boarding or training establishments; aquaculture; communications facilities; dams; demolition; dwelling-houses; extractive industries; forestry; group homes; home industries; intensive animal establishments; intensive horticulture establishments; land clearing; mines; recreation areas; recreation facilities; residential offices; roadside stalls; rural industries; rural structures; rural workers’ dwellings; stock and sale yards; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured light brown with red edging and lettered “AE”.
Rural AR (Large Holdings—Rural Landscapes) Zone
Objectives of Zone
(a)  to restrain population growth and maintain the rural character of the area.
(b)  to provide for a range of compatible land uses, including agriculture, which maintain the rural environment of the area.
(c)  to ensure development is carried out in a manner that improves the environmental qualities, and is within the servicing capacity, of the area.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works in accordance with a farm management plan.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; animal boarding or training establishments; aquaculture; art and craft galleries; bed and breakfast accommodation; child care centres; communications facilities; community facilities; dams; demolition; dwelling-houses; ecotourism facilities; extractive industries; farmstay accommodation; forestry; group homes; guesthouse accommodation; home industries; intensive animal establishments; intensive horticulture establishments; land clearing; mines; places of worship; recreation areas; recreation facilities; residential offices; roadside stalls; rural industries; rural structures; rural workers’ dwellings; stock and sale yards; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured light brown with red edging and lettered “AR”.
Rural BA (Small Holdings—Agricultural Landscapes) Zone
Objectives of Zone
(a)  to restrain population growth, maintain the rural character of the area and ensure that existing or potentially productive agricultural land is preserved.
(b)  to promote agricultural use of land and provide for a range of compatible land uses which maintain the agricultural and rural environment of the area.
(c)  to ensure development is carried out in a manner that improves the environmental qualities, and is within the servicing capacity, of the area.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works in accordance with a farm management plan.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; animal boarding or training establishments; aquaculture; art and craft galleries; bed and breakfast accommodation; child care centres; communication facilities; community facilities; dams; demolition; dwelling-houses; ecotourism facilities; extractive industries; farmstay accommodation; forestry; group homes; guesthouse accommodation; home industries; intensive animal establishments; intensive horticulture establishments; land clearing; mines; places of worship; recreation areas; recreation facilities; residential offices; roadside stalls; rural industries; rural structures; rural workers’ dwellings; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured brown and lettered “BA”.
Rural BR (Small Holdings—Rural Landscapes) Zone
Objectives of Zone
(a)  to restrain population growth and maintain the rural character of the area.
(b)  to provide for a range of compatible land uses, including agriculture, which maintain the rural environment of the area and support the urban populace.
(c)  to ensure development is carried out in a manner that improves the environmental qualities, and is within the servicing capacity, of the area.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works in accordance with a farm management plan.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; animal boarding or training establishments; aquaculture; art and craft galleries; bed and breakfast accommodation; child care centres; communication facilities; community facilities; dams; demolition; dwelling-houses; ecotourism facilities; extractive industries; farmstay accommodation; forestry; group homes; guesthouse accommodation; home industries; intensive animal establishments; intensive horticulture establishments; land clearing; mines; places of worship; recreation areas; recreation facilities; residential offices; roadside stalls; rural industries; rural structures; rural workers’ dwellings; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured brown with red edging and lettered “BR”.
Residential A (Low Density) Zone
Objectives of Zone
(a)  to provide for the housing needs of the population of the Hornsby area.
(b)  to promote a variety of housing types and other land uses compatible with a low density residential environment.
(c)  to provide for development that is within the environmental capacity of a low density residential environment.
Without Development Consent
Development for the purpose of:
Home occupations; special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Child care centres; commercial home catering; community facilities; demolition; dwelling-houses; educational establishments; exhibition homes; group homes; home offices; housing for aged or differently abled persons; multi-unit housing; places of worship; public buildings; recreation areas; recreation facilities; utility installations; veterinary clinics.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured pink and lettered “A”.
Residential AA (Low Density—Aquaculture) Zone
Objectives of Zone
(a)  to provide for the housing needs and aquacultural activities of the population of the Hornsby area.
(b)  to promote a variety of housing types, aquacultural activities and other land uses compatible with a low density residential environment.
(c)  to provide for residential development and aquacultural activities that are within the environmental capacity of a low density residential and estuarine environment.
Without Development Consent
Development for the purpose of:
Home occupations; special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Aquaculture; child care centres; commercial home catering; community facilities; demolition; dwelling-houses; educational establishments; group homes; home industries; home offices; housing for aged or differently abled persons; multi-unit housing; places of worship; public buildings; recreation areas; recreation facilities; utility installations; veterinary clinics.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured pink with red edging and lettered “AA”.
Residential AM (Low Density—Medical Support) Zone
Objectives of Zone
(a)  to provide for the housing and medical service needs of the population of the Hornsby area.
(b)  to promote a variety of housing types and other land uses, including medical support services, compatible with a low density residential environment.
(c)  to provide for development that is within the environmental capacity of a low density residential environment.
Without Development Consent
Development for the purpose of:
Home occupations; special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Child care centres; commercial home catering; community facilities; demolition; dwelling-houses; educational establishments; group homes; home offices; hospitals; housing for aged or differently abled persons; medical centres; multi-unit housing; places of worship; public buildings; recreation areas; recreation facilities; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured pink with red edging and lettered “AM”.
Residential AR (Low Density—Rural Village) Zone
Objectives of Zone
(a)  to provide for the housing needs of the rural village population of the Hornsby area.
(b)  to promote a variety of housing types and other land uses compatible with a low density rural village environment.
(c)  to provide for development that is within the environmental capacity of a low density rural village environment.
Without Development Consent
Development for the purpose of:
Home occupations; special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Bed and breakfast accommodation; child care centres; community facilities; demolition; dwelling-houses; group homes; housing for aged or differently abled persons; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured pink with red edging and lettered “AR”.
Residential AS (Low Density—Sensitive Lands) Zone
Objectives of Zone
(a)  to provide for the housing needs of the population of the Hornsby area.
(b)  to promote a variety of housing types and other land uses compatible with a low density residential environment and sensitive to the land capability and established character of this environment.
(c)  to provide for development that is within the environmental capacity of a sensitive low density residential environment.
Without Development Consent
Development for the purpose of:
Home occupations; special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Child care centres; commercial home catering; community facilities; demolition; dwelling-houses; group homes; home offices; housing for aged or differently abled persons; multi-unit housing; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured pink with red edging and lettered “AS”.
Residential AT (Low Density—Tourist Village) Zone
Objectives of Zone
(a)  to provide for the housing needs of the population of the Hornsby area and expand the recreational opportunities for the wider community.
(b)  to promote a variety of housing types, tourist facilities and other land uses compatible with a low density residential environment.
(c)  to provide for residential and low key tourist development that is within the environmental capacity of a low density residential environment.
Without Development Consent
Development for the purpose of:
Home occupations; special care homes; works which, in the opinion of the Council, are minor and will not cause significant environmental impact.
Exempt development.
Only With Development Consent
Development for the purpose of:
Child care centres; commercial home catering; community facilities; demolition; dwelling-houses; educational establishments; group homes; home offices; housing for aged or differently abled persons; marinas; multi-unit housing; places of worship; public buildings; recreation areas; recreation facilities; tourist facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured pink with red edging and lettered “AT”.
Residential B (Medium Density) Zone
Objectives of Zone
(a)  to provide for the housing needs of the population of the Hornsby area.
(b)  to promote a variety of housing types and other land uses compatible with a medium density residential environment.
(c)  to provide for development that is within the environmental capacity of a medium density residential environment.
Without Development Consent
Development for the purpose of:
Special care homes; works which, in the opinion of the Council, are minor and will not cause significant environmental impact.
Exempt development.
Only With Development Consent
Development for the purpose of:
Child care centres; community facilities; demolition; dwelling-houses; group homes; home occupations; housing for aged or differently abled persons; multi-unit housing; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured dark pink and lettered “B”.
Residential C (Medium/High Density) Zone
Objectives of Zone
(a)  to provide for the housing needs of the population of the Hornsby area.
(b)  to promote a variety of housing types and other land uses compatible with a medium to high density residential environment.
(c)  to provide for development that is within the environmental capacity of a medium to high density residential environment.
Without Development Consent
Development for the purpose of:
Special care homes; works which, in the opinion of the Council, are minor and will not cause significant environmental impact.
Exempt development.
Only With Development Consent
Development for the purpose of:
Boarding houses; child care centres; communication facilities; community facilities; demolition; dwelling-houses; group homes; home occupations; housing for aged or differently abled persons; multi-unit housing; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured red and lettered “C”.
Residential D (High Density) Zone
Objectives of Zone
(a)  to provide for the housing needs of the population of the Hornsby area.
(b)  to promote a variety of housing types and other land uses compatible with a high density residential environment.
(c)  to provide for development that is within the environmental capacity of a high density residential environment.
Without Development Consent
Development for the purpose of:
Special care homes; works which, in the opinion of the Council, are minor and will not cause significant environmental impact.
Exempt development.
Only With Development Consent
Development for the purpose of:
Boarding houses; child care centres; communication facilities; community facilities; demolition; dwelling-houses; group homes; home occupations; housing for aged or differently abled persons; multi-unit housing; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured red and lettered “D”.
Business A (General) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to accommodate the retail, commercial and social needs of the community.
(c)  to encourage development that improves the health, vitality, cultural environment and social environment within the area.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Advertisements; bulky goods retailing establishments; business premises; bus stations; car parks; child care centres; commercial home catering; communications facilities; community facilities; convenience stores; demolition; dwellings; educational establishments; entertainment facilities; group homes; home occupations; hospitals; hotels; housing for aged or differently abled persons; medical centres; motels; multi-unit housing; office premises; passenger transport terminals; places of worship; plant and equipment hire premises; public buildings; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; service stations; shops; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured light blue and lettered “A”.
Business B (Special) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to accommodate a broad range of commercial and service related business within the area.
(c)  to encourage development that improves the health, vitality, cultural environment and social environment within the area.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Advertisements; bulky goods retailing establishments; business premises; bus stations; car parks; child care centres; commercial home catering; communication facilities; community facilities; convenience stores; demolition; depots; dwellings; educational establishments; entertainment facilities; group homes; home occupations; hotels; housing for aged or differently abled persons; medical centres; motels; motor showrooms; multi-unit housing; office premises; passenger transport terminals; places of worship; plant and equipment hire premises; public buildings; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; service stations; utility installations; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured blue and lettered “B”.
Business C (Neighbourhood) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to accommodate the retail, service and social needs of the community within the neighbourhood.
(c)  to encourage development that improves the health, vitality, cultural environment and social environment within neighbourhood business centres.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Business premises; car parks; child care centres; commercial home catering; communications facilities; community facilities; convenience stores; demolition; dwellings; educational establishments; group homes; health consulting rooms; home occupations; housing for aged or differently abled persons; multi-unit housing; places of worship; public buildings; recreation areas; recreation facilities; restaurants; retail plant nurseries; service stations; shops; utility installations; veterinary clinics.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured dark blue and lettered “C”.
Business D (Aquatic Service Centre) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to accommodate the retail, commercial, service and social needs of the community that uses the Hawkesbury River and its tributaries.
(c)  to encourage development that improves the health, vitality and aquatic, cultural and social environments within business centres and adjacent areas.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Aquaculture; business premises; car parks; child care centres; commercial home catering; communications facilities; community facilities; demolition; dwellings; group homes; home occupations; housing for aged or differently abled persons; marinas; medical centres; multi-unit housing; office premises; passenger transport terminals; public buildings; recreation areas; recreation facilities; registered clubs; restaurants; tourist facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured blue with red edging and lettered “D”.
Business E (Service Centre) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to accommodate the rural and residential service needs of the community.
(c)  to encourage development that improves the health, vitality and natural, cultural and social environments within business centres and adjacent areas.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; agriculture; animal boarding or training establishments; aquaculture; bulky goods retailing establishments; bus stations; child care centres; commercial home catering; communications facilities; community facilities; demolition; depots; dwellings; entertainment facilities; group homes; hospitals; housing for aged or differently abled persons; intensive animal establishments; intensive horticulture establishments; light industries; materials recycling facilities (where the materials are contained within a building); medical centres; passenger transport terminals; places of worship; plant and equipment hire premises; public buildings; recreation areas; recreation facilities; registered clubs; retail plant nurseries; rural industries; service shops; stock and sale yards; utility installations; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.
Subdivision.
Prohibited
Development for the purpose of:
Materials recycling facilities (where the materials are not contained within a building) and any other development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured blue with red edging and lettered “E”.
Business F (Town Centre) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to accommodate the retail, commercial, housing and social needs of the local and regional community.
(c)  to encourage development that improves the health, vitality, cultural environment and social environment within the Hornsby Town Centre.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Advertisements; bulky goods retailing establishments; business premises; bus stations; car parks; child care centres; commercial home catering; communications facilities; community facilities; convenience stores; demolition; dwellings; educational establishments; entertainment facilities; group homes; home occupations; hospitals; hotels; housing for aged or differently abled persons; medical centres; motels; multi-unit housing; office premises; passenger transport terminals; places of worship; plant and equipment hire premises; public buildings; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; service stations; shops; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured light blue with red edging and lettered “F”.
Business G (Town Centre Support) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to accommodate the commercial, service, housing and social needs of the local and regional community.
(c)  to encourage development that supports the Hornsby Town Centre and improves the vitality, cultural environment and social environment of the Centre.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Advertisements; bulky goods retailing establishments; business premises; bus stations; car parks; child care centres; commercial home catering; communications facilities; community facilities; convenience stores; demolition; depots; dwellings; educational establishments; entertainment facilities; group homes; home occupations; hospitals; housing for aged or differently abled persons; light industries; medical centres; motels; multi-unit housing; office premises; passenger transport terminals; places of worship; plant and equipment hire premises; public buildings; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; service shop; service stations; tourist facilities; utility installations; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured blue with red edging and lettered “G”.
Industrial A (General) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to allow a broad range of industrial, warehousing and other compatible land uses to locate within the area.
(c)  to promote development that does not adversely impact upon the natural and built environment.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Bus stations; car parks; child care centres; communications facilities; community facilities; demolition; depots; dwellings (used in conjunction with other development permitted in this zone); educational establishments; entertainment facilities; generating works; group homes; home occupations; hospitals; industries; light industries; materials recycling facilities; medical centres; passenger transport terminals; places of worship; plant and equipment hire premises; public buildings; recreation areas; recreation facilities; registered clubs; rural industries; sawmills; service shop; service stations; utility installations; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured purple and lettered “A”.
Industrial B (Light) Zone
Objectives of Zone
(a)  to encourage economic growth and employment opportunities.
(b)  to allow a broad range of light industrial, warehousing and other compatible land uses to locate within the area.
(c)  to promote development that does not adversely impact upon the natural and built environment.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Bus stations; car parks; child care centres; communications facilities; community facilities; demolition; depots; dwellings (used in conjunction with other development permitted in this zone); educational establishments; entertainment facilities; group homes; home occupations; hospitals; light industries; materials recycling facilities; medical centres; motor showrooms; passenger transport terminals; places of worship; plant and equipment hire premises; public buildings; recreation areas; recreation facilities; registered clubs; rural industries; service shop; utility installations; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured purple with red edging and lettered “B”.
Special Uses A (Community Purposes) Zone
Objectives of Zone
(a)  to provide for the cultural needs of the community.
(b)  to identify land for the provision of community services and facilities.
(c)  to ensure that community uses are compatible with the amenity of the area in which they are located.
Without Development Consent
Development for the purpose of:
Special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Boarding houses; bus stations; car parks; cemeteries; child care centres; commercial home catering; commercial operation of any sites or facilities administered by the Department of School Education; communications facilities; community facilities; defence purposes; demolition; depots; dwellings; educational establishments; entertainment facilities; group homes; home occupations; home offices; hospitals; housing for aged or differently abled persons; materials recycling facilities; medical centres; multi-unit housing; passenger transport terminals; places of worship; public buildings; recreation areas; recreation facilities; registered clubs; utility installations; veterinary hospitals.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured yellow and lettered “A”.
Special Uses B (Transport Corridor) Zone
Objectives of Zone
(a)  to provide for the transport needs of the community.
(b)  to identify land for the provision of transportation networks and facilities.
(c)  to preserve land identified for community purposes and transport corridors.
Without Development Consent
Development for the purpose of:
Special care homes; utility installations.
Exempt development.
Only With Development Consent
Development for the purpose of:
Advertisements; bus stations; car parks; child care centres; communications facilities; community facilities; demolition; depots; dwellings; educational establishments; entertainment facilities; group homes; housing for aged or differently abled persons; materials recycling facilities; medical centres; multi-unit housing; passenger transport terminals; places of worship; public buildings; recreation areas; recreation facilities; road transport terminals.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured grey, with classified roads shown by a blue centre line.
Open Space A (Public Recreation—Local) Zone
Objectives of Zone
(a)  to ensure there is provision of adequate open space to meet the needs of the community and to enhance the environmental quality of the Hornsby area.
(b)  to encourage a diversity of recreational settings and facilities.
(c)  to protect and preserve areas of urban bushland which are considered valuable in terms of their ecology.
Without Development Consent
Development for the purpose of:
Bushfire hazard reduction (except ancillary buildings); gardening; landscaping.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; agriculture; aquaculture; buildings ancillary to bushfire hazard reduction, gardening or landscaping; camp or caravan sites; car parks; cemeteries; child care centres; communication facilities; community facilities; dams; demolition; entertainment facilities; forestry; intensive animal establishments; intensive horticulture establishments; public buildings; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured green and lettered “A”.
Open Space B (Public Recreation—District) Zone
Objectives of Zone
(a)  to ensure there is provision of adequate open space to meet the needs of the regional community and to enhance the environmental quality of the Hornsby area.
(b)  to encourage a diversity of recreational settings and facilities.
(c)  to protect and preserve areas of urban bushland which are considered valuable in terms of their ecology.
Without Development Consent
Development for the purpose of:
Bushfire hazard reduction (except ancillary buildings); gardening; landscaping.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; agriculture; aquaculture; buildings ancillary to bushfire hazard reduction, gardening or landscaping; camp or caravan sites; car parks; cemeteries; child care centres; communication facilities; community facilities; dams; demolition; entertainment facilities; forestry; intensive animal establishments; intensive horticulture establishments; public buildings; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured green with red edging and lettered “B”.
Open Space C (Private Recreation) Zone
Objectives of Zone
(a)  to ensure there is provision of adequate open space to meet the needs of the community and to enhance the environmental quality of the Hornsby area.
(b)  to encourage a diversity of recreational settings and facilities.
(c)  to sustain the use of privately owned land for sporting activities.
Without Development Consent
Development for the purpose of:
Bushfire hazard reduction (except ancillary buildings); gardening; landscaping.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; agriculture; aquaculture; buildings ancillary to bushfire hazard reduction, gardening or landscaping; camp or caravan sites; car parks; cemeteries; child care centres; communication facilities; community facilities; dams; demolition; entertainment facilities; forestry; intensive animal establishments; intensive horticulture establishments; public buildings; recreation areas; recreation facilities; registered clubs; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured green with red edging and lettered “C”.
Environmental Protection A (Wetlands) Zone
Objectives of Zone
(a)  to protect the ecological value of wetland areas.
(b)  to assist in the maintenance of acceptable water quality in the Hawkesbury River.
(c)  to provide for development that is compatible with the ecology of wetland areas.
Without Development Consent
Nil.
Only With Development Consent
Development for the purpose of:
Agriculture; aquaculture; intensive animal establishments; intensive horticulture establishments; works for drainage or that promote the scientific or educational value of wetlands.
Prohibited
Development that is not permitted only with development consent.
Description on Map
Coloured orange and lettered “A”.
Environmental Protection B (River Catchment) Zone
Objectives of Zone
(a)  to protect the natural environment of sensitive areas within the catchment of the Hawkesbury River.
(b)  to protect the valleys and escarpments within the catchment of the Hawkesbury River and accommodate land uses, including housing, that recognise the environmental sensitivity of the area.
(c)  to protect the scenic quality of visually prominent areas and water quality within the catchment of the Hawkesbury River.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works which, in the opinion of the Council, are minor and will not cause significant environmental impact.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; aquaculture; attached dwellings; bushfire hazard reduction (except ancillary buildings); communications facilities; dams; demolition; dwelling-houses; gardening; group homes; intensive animal establishments; intensive horticulture establishments; landscaping; recreation areas; recreation facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured orange with red edging and lettered “B”.
Environmental Protection C (Tourist) Zone
Objectives of Zone
(a)  to protect the environment of sensitive areas within the catchment of the Hawkesbury River.
(b)  to promote environmentally sensitive development that provides employment opportunities.
(c)  to provide for visitor recreation and accommodation.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works which, in the opinion of the Council, are minor and will not cause significant environmental impact.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; aquaculture; attached dwellings; bushfire hazard reduction; dams; demolition; dwelling-houses; intensive animal establishments; intensive horticulture establishments; recreation areas; recreation facilities; tourist facilities; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured orange with red edging and lettered “C”.
Environmental Protection D (Recreation) Zone
Objectives of Zone
(a)  to protect the environment of sensitive areas within the catchment of the Hawkesbury River.
(b)  to provide opportunities for the development of recreation facilities.
(c)  to permit development that tolerates flooding.
Without Development Consent
Development for the purpose of:
Agriculture; home occupations; special care homes; works which, in the opinion of the Council, are minor and will not cause significant environmental impact.
Exempt development.
Only With Development Consent
Development for the purpose of:
Agricultural structures; aquaculture; attached dwellings; bushfire hazard reduction (except ancillary buildings); camp or caravan sites; dams; demolition; dwelling-houses; intensive animal establishments; intensive horticulture establishments; recreation areas; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured orange with red edging and lettered “D”.
Environmental Protection E (River Settlement) Zone
Objectives of Zone
(a)  to protect the natural environment of sensitive areas within the catchment of the Hawkesbury River.
(b)  to accommodate low density housing that is consistent with the environmental sensitivity, infrastructure limitations and access limitations of the area.
(c)  to protect the scenic quality and water quality of the area and promote development that is within the environmental capacity of the area.
Without Development Consent
Development for the purpose of:
Home occupations; special care homes.
Exempt development.
Only With Development Consent
Development for the purpose of:
Bushfire hazard reduction (except ancillary buildings); communications facilities; demolition; dwelling-houses; group homes; utility installations.
Subdivision.
Prohibited
Development that is not permitted without development consent or permitted only with development consent.
Description on Map
Coloured orange with red edging and lettered “E”.
National Parks and Nature Reserves Zone
Objective of Zone
To identify land dedicated or reserved as National Park under the National Parks and Wildlife Act 1974.
Without Development Consent
Development for the purpose of:
Anything authorised by or under the National Parks and Wildlife Act 1974.
Only With Development Consent
Nil.
Prohibited
Development that is not permitted without development consent.
Description on Map
Uncoloured and with dark green edging.
cl 7: Am 22.12.2000; 7.2.2003.
cl 7, table: Am 25.8.1995; 19.7.1996; 24.1.1997; 20.3.1998; 11.2.2000; 25.2.2000; 8.9.2000; 22.12.2000; 7.2.2003; 2005 (870), Sch 1 [1]–[3].
Part 3 General controls
7A   Exempt development
Objective of Provision
To exempt minor development from requiring development consent.
Exempt development
(1)  Development of minimal environmental impact listed as exempt development in the Exempt and Complying Development DCP is exempt development, except as provided by subclauses (2) and (3).
(2)  Development is exempt development only if:
(a)  it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, stormwater, waste products, grit or oil or otherwise, and
(b)  it complies with any “deemed-to-satisfy provisions” of the Building Code of Australia relevant to the development, and
(c)  it complies with any relevant standards set for the development by this plan and the Exempt and Complying Development DCP, and
(d)  it does not contravene any condition of a development consent applying to the land, and
(e)  it does not obstruct drainage of the site on which it is carried out, and
(f)  it does not restrict any vehicular or pedestrian access to or from the site or any adjacent site, and
(g)  it is carried out at least one metre from any easement or public sewer main and complies with the building over sewer requirements of the Sydney Water Corporation applying to the land,
(h)  it does not require a tree (as defined by the Council’s Tree Preservation Order), to be removed or is located within 4 metres of a tree, and
(i)  the owner’s consent for the land on which the exempt development activity is to be undertaken has been granted.
(3)  Development is not exempt development if it is carried out on land that:
(a)  is the site of a heritage item, as identified in an environmental planning instrument, or
(b)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(c)  is within the Environmental Protection A (Wetlands) zone, or
(d)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(e)  is an aquatic reserve declared under the Fisheries Management Act 1994.
cl 7A: Ins 25.2.2000. Am 10.11.2000; 24.10.2003.
7B   Complying development
Objective of Provision
To detail the provisions relating to complying development.
Complying Development
(1)  Development listed as complying development in the Exempt and Complying Development DCP is complying development if:
(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)  it is not an existing use, as defined in section 106 of the Act,
except as provided by subclauses (2) and (3).
(2)  Development is complying development only if:
(a)  it complies with any “deemed-to-satisfy” provisions of the Building Code of Australia relevant to the development, and
(b)  it complies with any relevant standards set for the development by this plan and the Exempt and Complying Development DCP, and
(c)  no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and
(d)  it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land, and
(e)  it does not contravene any condition of a development consent applying to the land, and
(f)  a certificate of compliance has been obtained for the development, if required, from Sydney Water Corporation, and
(g)  it is not integrated development under the Act, and
(h)  it does not require the concurrence of another authority, and
(i)  it is accessible to vehicles through a legally created accessway, driveway, right of carriageway or the like, and
(j)  the owner’s consent for the land on which the complying development activity is to be undertaken has been granted.
(3)  Development is not complying development if it is carried out on land that:
(a)  is an environmentally sensitive area as indicated in the Exempt and Complying Development DCP,
(b)  has been identified as being contaminated under State Environmental Planning Policy No 55—Remediation of Land (such as because the site has previously been used as a service station or a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products), and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with the policy, or
(c)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(d)  is within the Environmental Protection A (Wetlands) zone, Environmental Protection B (River Catchment) zone, Environmental Protection C (Tourist) zone or Environmental Protection D (Recreation) zone, or
(e)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(f)  is an aquatic reserve declared under the Fisheries Management Act 1994, or
(g)  is identified as a scenic area of regional significance or significance beyond the region under Sydney Regional Environmental Plan No 20—Hawkesbury Nepean River.
(4)  A complying development certificate issued for any such development is to be subject to the conditions for the development specified in the Exempt and Complying Development DCP, as in force when the certificate is issued.
cl 7B: Ins 25.2.2000. Am 10.11.2000; 22.6.2001; 24.10.2003.
8   Tree preservation
Objective of Provision
To maintain the amenity of the Hornsby area through the preservation of trees.
Tree preservation
(1)  The Council may make, revoke or amend a tree preservation order.
(2)  A person shall not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, removing or wilful destruction of any tree or trees to which a tree preservation order applies without the consent of the Council. This does not apply to or 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 by clause 23 of the Electricity (Overhead Line Safety) Regulation 1991, or
(d)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
(3)  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 area of the Council.
9   Landform modification
Objective of Provision
To control soil erosion, sedimentation, tree loss and drainage impacts associated with landform modification.
Landform modification
A person shall not, without the consent of the Council, carry out a work or any other development on land for any purpose where the work or other development has, in the opinion of the Council, the effect of significantly affecting the natural environment, through either filling or excavation.
10   Services
Objective of Provision
To ensure that all development has adequate water and sewerage services.
Services
The Council shall not grant consent to the carrying out of development on land to which this plan applies unless it is satisfied that adequate water and sewerage services are available and arrangements have been made that are satisfactory to the Water Board for the provision, adjustment or amplification of the Board’s water, sewerage and drainage systems.
11   Development near zone boundaries
Objective of Provision
To allow for development near zone boundaries where the development is prohibited by zoning but is not inconsistent with the aims and objectives of this plan.
Development near zone boundaries
(1)  This clause applies to transitional land.
(2)  Regardless of any other provision of this plan, development may, with the consent of the Council, be carried out on land to which this clause applies within a zone, for any purpose for which development may be carried out in the adjoining zone, where the Council is satisfied that:
(a)  the development is not inconsistent with the aims and objectives of this plan and the objectives of both zones, and
(b)  in the case of business or industrial development, suitable land or premises are not available for the development in any business or industrial zone in the locality.
12   Temporary use of land
Objective of Provision
To permit the temporary use of land for cultural activities.
Temporary use of land
Regardless of any other provision of this plan, a person may carry out development on any land with the consent of the Council for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year provided that, in the opinion of the Council, the purpose contributes to the cultural well-being of the community.
13   Suspension of restrictions on land
Objective of Provision
To ensure private restrictions do not restrict development or activities being carried out in accordance with this plan.
Suspension of covenants, agreements and similar instruments
(1)  For the purpose of enabling development to be carried out in accordance with this plan and in accordance with a consent granted under the Act, any agreement, covenant or other similar instrument that would otherwise prohibit or restrict development which is in accordance with this plan or such a consent does not apply to the development. This does not affect the rights or interests of any public authority under any registered instrument.
(2)  In accordance with section 28 of the Act, the Governor approved of subclause (1) before this plan was made.
Part 4 Special controls
14   Density
Objective of Provision
To provide for the development of land at a density that is in accordance with the land’s environmental capacity and zone objectives.
Subdivision
(1)  Land may be subdivided, but only with the consent of the Council.
(2)  If a subdivision creates an allotment wholly within one of the zones specified in the table below, the allotment must have at least the minimum area set by the table for an allotment in the zone. If a subdivision creates an allotment parts of which are within different zones, at least one of which is a zone specified in the table below, the allotment must include at least so much land within a zone specified in the table as is the minimum area set by the table for an allotment in the zone. In calculating the area of a battle-axe or hatchet shaped allotment, the area of any accessway, right of carriageway or the like is to be excluded.
Minimum Allotment Size Table
Zone
Minimum area per allotment
Rural AA (Large Holdings—Agricultural Landscapes)
10ha
Rural AE (Large Holdings—Extraction)
10ha
Rural AR (Large Holdings—Rural Landscapes)
10ha
Rural BA (Small Holdings—Agricultural Landscapes)
2ha
Rural BR (Small Holdings—Rural Landscapes)
2ha
Residential A (Low Density)
500m2
Residential AA (Low Density—Aquaculture)
500m2
Residential AM (Low Density—Medical Support)
500m2
Residential AR (Low Density—Rural Village)
500m2
Residential AS (Low Density—Sensitive Lands)
600m2
Residential AT (Low Density—Tourist Village)
500m2
Environmental Protection A (Wetlands)
40ha
Environmental Protection B (River Catchment)
40ha
Environmental Protection C (Tourist)
1000m2
Environmental Protection D (Recreation)
5ha
Environmental Protection E (River Settlement)
40ha
Variations on minimum allotment size
(2A)  Regardless of subclause (2), the Council may consent to subdivision that results in the creation of allotments of less than the relevant minimum area specified in the Table to that subclause, being allotments that comprise the land shown edged heavy black in Diagram 3 in Schedule BA, but only if:
(a)  each such allotment has an area of not less than 8,000m2, and
(b)  the Council is satisfied that the subdivision will facilitate development for the purposes of playing fields, courts, a covered recreation area, a sports store, and ancillary buildings on land shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan (Amendment No 77)”, each of which is to form part of the adjoining Pacific Hills Christian School.
Multi-unit housing
(3)  Regardless of subclause (2), the Council may consent to the development of land for the purpose of multi-unit housing, but only where the Council is satisfied that the development will result in a density not greater than:
(a)  one dwelling per 350m2 within the Residential A, AA, AM, or AT zone, exclusive of any accessway, rights of carriageway and public or private roads, or
(b)  one dwelling per 400m2 within the Residential AS zone, exclusive of any accessway, rights of carriageway and public or private roads.
(4)  Land within the Residential A, AA, AM, AS or AT zone on which dwellings comprising multi-unit housing are situated may be subdivided for the purpose of creating separate land titles for dwellings only if the subdivision complies with subclause (2). The separate occupation of the proposed lots illustrated by a proposed strata plan relating to multi-unit housing situated on any such land is prohibited.
(4A)  The Council is not to consent to the erection of multi-unit housing on a site area consisting of the whole or part of any of the 9 numbered development sites shown edged heavy black on Diagram 1 in Schedule BA unless the Council has considered whether it should require consolidation of all or some of the allotments comprising the numbered development site concerned.
(4B)  Regardless of subclauses (2), (3) and (4), the Council may consent to the subdivision or other development of land shown edged heavy black in Diagram 2 in Schedule BA for the purposes of multi-unit housing, if the proposed development satisfies the provisions on that Diagram.
Housing for aged or differently abled persons
(5)  This clause does not apply to development for the purposes of housing for aged or differently abled persons.
cl 14: Am 15.12.1995; 17.7.1998; 15.10.1999; 22.12.2000; 7.2.2003; 9.5.2003.
15   Floorspace ratio
Objective of Provision
To control the intensity and scale of development of land so that development will be in accordance with the land’s environmental capacity and zone objectives.
Floorspace ratio
(1)  Development is not to result in a building that exceeds the floorspace ratio indicated in the table below.
Floorspace Ratio Table
Zone
Floorspace Ratio
Residential A (Low Density)
0.4:1
Residential AA (Low Density—Aquaculture)
0.4:1
Residential AM (Low Density—Medical Support)
0.4:1
Residential AR (Low Density—Rural Village)
0.4:1
Residential AS (Low Density—Sensitive Lands)
0.4:1
Residential AT (Low Density—Tourist Village)
0.4:1
Residential B (Medium Density)
0.6:1
Residential C (Medium/High Density)
1.2:1
Residential D (High Density)
1.6:1
Business A (General)
1:1
Business B (Special)
0.5:1
Business C (Neighbourhood)
0.5:1
Business D (Aquatic Service Centre)
0.5:1
Business E (Service Centre)
0.7:1
Business F (Town Centre)
2:1
Business G (Town Centre Support)
1:1
Industrial A (General)
1:1
Industrial B (Light)
1:1
Environmental Protection C (Tourist)
0.3:1
Environmental Protection D (Recreation)
0.02:1
Environmental Protection E (River Settlement)
0.4:1
Floorspace ratio variations
(2)  In relation to land shown edged heavy black on a Diagram in Schedule B, subclause (1) is subject to the provisions of Schedule B that apply to that land.
Floorspace ratios for Residential D (High Density) zone
(3)  Despite subclause (1), the Council is not to consent to the erection of multi-unit housing on any of the 9 numbered development sites shown edged heavy black on Diagram 1 in Schedule BA unless the Council is satisfied that the development will result in a floorspace ratio of not less than 1.6:1 and not more than 2:1.
Exclusion of certain areas in low density residential zones
(4)  For the purposes of this clause, the area of any accessway, right of carriageway or the like is to be excluded from the site area for the purposes of calculating the floorspace ratio for land within any of the following zones:
(a)  the Residential A (Low Density) Zone,
(b)  the Residential AA (Low Density—Aquaculture) Zone,
(c)  the Residential AM (Low Density—Medical Support) Zone,
(d)  the Residential AR (Low Density—Rural Village) Zone,
(e)  the Residential AS (Low Density—Sensitive Lands) Zone,
(f)  the Residential AT (Low Density—Tourist Village) Zone.
cl 15: Am 17.7.1998; 22.12.2000; 8.2.2002; 7.2.2003; 2006 (102), Sch 1 [1].
16   Council land
Objective of Provision
To classify Council land for operational purposes.
Classification of public land
(1)  The land referred to in Schedule C is classified or reclassified as operational land.
(2)  Nothing in this clause prevents the classification or reclassification of land by the Council under section 31, 32 or 33 of the Local Government Act 1993.
(3)  In accordance with section 30 of the Local Government Act 1993, a parcel of land shown edged heavy black on a Diagram set out in Part 2 of Schedule C, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:
(aa)  those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the land on a Diagram set out in Part 2 of Schedule C, and
(a)  any reservations that except land out of a Crown grant relating to the land, and
(b)  reservations of minerals (within the meaning of the Crown Lands Act 1989).
(4)  Before the relevant amending plan that inserted a Diagram into Part 2 of Schedule C was made, the Governor approved of subclause (3) applying to the land.
(5)  In this clause, the relevant amending plan, in relation to a parcel of land shown edged heavy black on a Diagram set out in Part 2 of Schedule C, is the local environmental plan cited at the end of the description of the parcel on the Diagram.
(6)  Land described in Part 1 of Schedule C 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.
(7)  A parcel of land shown edged heavy black on a Diagram set out in Part 3 of Schedule C:
(a)  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.
cl 16: Am 25.2.2000; 16.3.2001; 1.3.2002.
17   Land acquisition
Objective of Provision
To provide for the acquisition of land for community purposes.
Acquisition of certain land
(1)  The owner of any vacant land within the Special Uses B (Transport Corridor) zone and marked on the map with a blue centre line may, by notice in writing, require:
(a)  the Roads and Traffic Authority—in the case of land that is included in the 5 year works program of the Roads and Traffic Authority current at the time of receipt of the notice, or
(b)  the corporation under the Act—in any other case, to acquire the land.
(2)  The owner of any land within the Special Uses B (Transport Corridor) zone and marked on the map with a blue centre line that is not vacant may, by notice in writing, require the Roads and Traffic Authority to acquire the land if:
(a)  the land is included in the 5 year works program of the Roads and Traffic Authority current at the time of receipt of the notice, or
(b)  the Roads and Traffic Authority is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.
(3)  On receipt of a notice under this clause, the Roads and Traffic Authority or the corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.
(4)  The owner of any land within the Special Uses B (Transport Corridor) zone marked “Proposed County Road” may request, in writing, the Department of Planning to acquire the land. On receipt of the request, the Department of Planning must acquire the land.
(5)  The owner of land in the Open Space A (Public Recreation—Local) zone may request, in writing, the Council to acquire the land. On receipt of the request, the Council must acquire the land.
(6)  The owner of land in the Open Space B (Public Recreation—District) zone which is cross hatched on the map may request, in writing, the corporation to acquire the land. On receipt of the request, the corporation must acquire the land.
(7)  Nothing in this clause requires a public authority to acquire land that is owned by another public authority and held by the other public authority for a purpose referred to in section 26 (c) of the Act.
Interim development
(8)  The Council may, with the concurrence of the public authority responsible for acquisition of the land, consent to any development of land zoned Special Uses B (Transport Corridor), or Open Space A (Public Recreation—Local) or Open Space B (Public Recreation—District) if the land has not been acquired by the public authority responsible for acquisition of the land. In determining whether to grant concurrence, the public authority shall take into consideration the effect of the proposed development on the costs of acquisition, the imminence of acquisition and the costs of reinstatement of the land for the purposes for which the land is to be acquired.
18   Heritage
Objective of Provision
To provide for continuity with the past by conserving the heritage of the Hornsby area and to ensure that Aboriginal heritage is preserved and conserved wherever possible.
Consent for heritage items and conservation areas
(1)  The consent of the Council is required to carry out the following development if it affects a building, work, tree, relic or place that is a heritage item listed in Schedule D or that is situated within a heritage conservation area shown in Schedule E:
(a)  demolishing, defacing or damaging such a heritage item or component of a heritage conservation area,
(b)  altering such a heritage item or component of a heritage conservation area by making structural changes to its exterior,
(c)  altering such a heritage item or component of a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,
(d)  moving such a heritage item or component of a heritage conservation area, or excavating land for the purpose of discovering or moving such an item or component, if it is a relic,
(e)  erecting a building on, or subdividing, land on which such a heritage item is located or which is within a heritage conservation area.
(2)  Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area.
(3)  When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.
Heritage Council to be notified of proposed demolition
(4)  Before granting consent to an application to demolish a heritage item of State or national significance, the Council must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days of the notice being sent.
Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites
(5)  The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item and its setting, and on the heritage significance of a heritage conservation area, archaeological site or potential archaeological site, when determining an application for consent to carry out development on land in its vicinity.
Heritage assessment and conservation plans
(6)  The Council must not determine a development application required by this clause until it has considered:
(a)  a heritage assessment, if a heritage item of local significance is involved, or
(b)  a conservation plan, if a heritage item of regional, State or national significance is involved.
Development of known or potential archaeological sites
(7)  The Council may grant consent to the carrying out of development on an archaeological site, or a potential archaeological site that has European heritage significance, only if the consent authority is satisfied that any necessary excavation permit under the Heritage Act 1977 has been granted.
Classification of heritage items
(8)  Heritage items are classified as being of local, regional, State or national significance in Schedule D.
Management of Aboriginal sites, relics and places
(9)  The Council may grant consent to the carrying out of development on:
(a)  an archaeological site or a potential archaeological site that is the location of an Aboriginal place or relic, within the meaning of the National Parks and Wildlife Act 1974, or
(b)  on land containing bushland and zoned:
(i)  Rural AA, AE, AR, BA or BR, where the area to be disturbed is greater than 0.1ha, or
(ii)  Residential A, AA, AM, AR, AS or AT, with a site area greater than 1ha, or
(iii)  Open Space A, B or C, where the area of land to be disturbed is greater than 0.1ha, or
(iv)  Environmental Protection A, B, C, D or E, with a site area greater than 1ha or where the area of land to be disturbed is greater than 0.1ha, or
(c)  on land which contains any or all of the following locations or features:
(i)  estuarine foreshore,
(ii)  a creekline/drainage line with sandstone base,
(iii)  sandstone exposures at ground level which are larger than 5m2 in area, or
(iv)  sandstone cliffline or isolated boulder higher than 2m,
only if the Council has considered an assessment of Aboriginal heritage which includes an assessment of how the proposed development would affect the conservation of the site and any relic known to be located at the site and identifying conservation policies and management mechanisms that are appropriate to enable conservation of both the site and any such relic.
Conservation Incentives
(10)  The Council may grant consent to an application to carry out development involving the use, for any purpose, of a building that is a heritage item and/or an ancillary outbuilding on land zoned Rural AA, AR, BA or BR, even though that development is prohibited elsewhere in this plan, if it is satisfied that:
(a)  the proposed development would not adversely affect the heritage significance of the item and its setting, or the amenity of the area, and
(b)  the proposed development would not adversely affect the traffic or car parking conditions of the site or area, and
(c)  the proposed development is compatible with the rural character of the area, and
(d)  the conservation of the building depends on the granting of the consent, and
(e)  in the event that the heritage item is demolished or destroyed, the use ceases within 12 months.
(11)  The Council may grant consent to an application to carry out development involving the erection of a second dwelling on a site that contains a dwelling that is a heritage item, even though that development is prohibited elsewhere in this plan, if:
(a)  the item is located on land zoned Rural AA, AR, BA or BR, and
(b)  the Council is satisfied that the erection of a second dwelling would not adversely affect the heritage significance of the item or its setting, and
(c)  the conservation of the building depends on the granting of the consent, and
(d)  the proposal does not involve subdivision, unless the minimum subdivision standard of the relevant zones are met.
cl 18: Am 8.3.1996; 24.9.1999; 22.12.2000; 7.2.2003; 17.12.2004.
19   Bushland protection
Objective of Provision
To protect significant flora and fauna habitats.
Bushland protection
(1)  A person shall not carry out development on land designated “bushland protection” on the map without the consent of the Council.
(2)  For the purpose of removal of doubt, development on any such land includes:
(a)  the erection of a fence or any other structure at all on the land, and
(b)  the removal of soil or rock from the land, and
(c)  the deposit of soil, rock or any other matter on the land, and
(d)  the destruction or removal of any tree or other vegetation on the land.
20   Waterways
Objective of Provision
To protect the amenity of foreshore areas and control development within flood prone areas.
Development below mean high water mark
(1)  The consent of the Council is required for all development below mean high water mark.
Foreshore building line
(2)  A foreshore building line applies as indicated by a broken black line on the map and identified as “Foreshore Building Line”.
(3)  Regardless of the zoning control table in this plan, development is prohibited between the foreshore building line and mean high water mark, except development for the purpose of the following, which requires development consent:
(a)  a wharf, jetty or pontoon,
(b)  a slipway,
(c)  a single storey boatshed not exceeding 30m2 in area,
(d)  works to enable pedestrian access.
Flood prone land
(4)  Flood prone land is the land located between the mean high water mark and the flood line shown by a blue line and identified as “Flood Line” on the map.
(5)  Development consent is required for all development between the flood line and the mean high water mark.
(6)  The floor of any habitable part of a building situated on flood prone land is to be not less than 6 metres above standard datum.
21   Designated development
Objective of Provision
To ensure that development with potential for significant environmental impact is more closely examined.
Designated development
Development for the following purposes of land within Sanbrook Inlet, Brooklyn Boat Harbour and Parsley Bay, or on land which is located within a distance of 20 metres below the mean high water mark of Dangar Island is declared to be designated development:
(a)  dredging (other than for drainage purposes or minor dredging works as determined by the Council),
(b)  reclamation.
22   Exceptions
Objective of Provision
To provide exceptions that allow or prohibit land uses and other development in accordance with the overall objectives of this plan.
Exemptions
(1)  Regardless of any other provision in this plan, the following land uses and other development are permitted with the consent of the Council in accordance with the following Table:
Table
Address/Area
Land Description
Permitted Land Use or Other Development
No 236 New Line Road, Dural
Lot 1 DP 584938
Ceramic tile factory
Nos 11–31 Alexandria Parade, Waitara
Lot 105 DP 3250
Lots X and Y DP 399500
Lot A DP 308125
Club
No 57 Salisbury Road, Asquith
Part Lot 2 DP 610539
Parking
Nos 1665–1669 Old Northern Road, Glenorie
Lot 2 DP 216873
Shop not exceeding 72m2 and associated storage of primary produce not exceeding 63m2
Nos 23, 25 and 27 Wongala Crescent, Beecroft
Lot Y DP 380446
Lots 7 and 8 DP 758074
Lot 1 DP 951303
Office premises within dwelling-houses where the floorspace ratio for all buildings does not exceed 0.3:1
Nos 388–400 Pennant Hills Road, Pennant Hills
Part Lot G DP 372261
Lots C and 4–7 DP 262782
Service station
No 21 Ethel Street, Hornsby
Lot 2 DP 502194
Use of the existing professional consulting rooms by not more than three medical practitioners and one dentist
Land within a Residential zone
Each site for which consent has been obtained for the use of a building for health consulting rooms prior to the commencement of this plan.
Health consulting rooms
Land within a Rural zone
Each site for which consent has been obtained for the use of a building or land for a retail plant nursery prior to the commencement of this plan.
Retail plant nurseries
No 26 Stanley Road, Epping
Lot 1, DP 211131
Use of premises as a restaurant for not more than five years after the date on which Hornsby Shire Local Environmental Plan 1994 (Amendment No 1) took effect.
Nos 69–73 Bay Road, Berrilee
Lot 2 DP 610018
Parking.
Lot 355 Berowra Waters Road, Berowra Heights
Lot 355 DP 752026
Subdivision, to create a maximum of three (3) lots and one (1) dwelling on each lot.
Land within the Dural Service Centre
Lot 1 DP 285130
Lot 2 DP 285130
Lot 3 DP 285130
Lot 2 DP 845733
Eat in/takeaway restaurant.
Land within the Dural Service Centre
Pt Lot 1 DP 552772
Lot 7 DP 285169
Lot 2 DP 285160
Lot 15 DP 285169
Eat in restaurant.
No 12 Northcote Road, Hornsby
Lots A and B DP 374600 and Lot 6 DP 10020
Strata title subdivision.
No 857 Old Northern Road, Dural
Pt Lot C, DP 349226
Use of the house (which is a heritage item) and outbuilding situated on the land when this item commenced, for an antique shop, art gallery and antique restoration workshop.
Nos 41–45 Pacific Highway, Waitara
Lot 2 DP 221831
Motor showroom.
No 30 Edgeworth David Avenue, Hornsby
Lot 1 DP 935991
Place of worship.
No 154 Castle Hill Road, Cherrybrook
Lot 32 DP 771968
Strata title subdivision
No 50 Carters Road, Dural
Part of Lot 3 DP 419265, as shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 46)
High-technology industry involving laser research and preparation of laser-based and other technology-based multi-media displays for off-site performances.
The land bounded by the Main Northern Railway, Pretoria Parade, Pacific Highway and Government Road, Hornsby.
Land shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 36)”.
Use of ground floor premises for business premises; office premises; restaurants; shops.
Land within a Rural zone
Each site for which consent has been obtained for the use of a building or land for an education establishment prior to the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 50).
Education establishments
Land within a Rural zone
Each site for which consent has been obtained for the use of a building or land for a caravan park prior to the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 50).
Caravan parks
Land within a Rural zone
Each site for which consent has been obtained for the use of a building or land for a public building prior to the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 50).
Public buildings
No 353 Galston Road, Galston
Pt Lot B2 DP 353028
Coffee shop or a dine-in-only restaurant
No 8 Crusader Road, Galston
Part of Lot 159 DP 752048 zoned Open Space C (Private Recreation)
Youth and family camp incorporating education, religious, recreation and other activities, including temporary on-site accommodation for clients and staff and permanent accommodation for staff
No 94B Bay Road, Berrilee
Lot 247, DP 752048
Storage of boats, caravans, trailers and ancillary cars
Nos 180–184 Pennant Hills Road, Thornleigh
Part Lot 5 DP 484
Lot 1 DP 650531
Lot 1 DP 937677
Lot 1 DP 779936
Veterinary hospital, boarding kennels and restaurant
Nos 186–190 Pennant Hills Road, Thornleigh
Lot 1 DP 1002891
Lot 1 DP 792802
Lot 1 DP 1002902
Service station and convenience store
No 27 Rembrandt Street, Carlingford
Lot 209 DP 206540
Pathology collection centre
No 381 Pennant Hills Road and No 2 The Crescent, Pennant Hills
Lot 1 DP 804852, Lot A DP 378975, Lot D DP 359636
Development authorised by a development consent in force immediately before the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 71), being a development consent that is still in force.
Lot No 1 Sunny Corner, Berowra Creek
Lot 1 DP 901023
Lot A DP 319646
Lot 1 DP 1003363
Lot 0 DP 752026
Restaurant and holiday cabins
Lot No 99 Fishermans Point, Berowra Creek
Lot 99 DP 132067
Lot B DP 363636
Lot 1 DP 659848
Eco-tourism facility
No 943 Old Northern Road, Dural
Lot 3, DP 711920
Hairdressing salon where the use is wholly located within the external walls of the dwelling that existed on the date on which Hornsby Shire Local Environmental Plan 1994 (Amendment No 72) took effect.
No 937 Old Northern Road, Dural
Lot 1, DP 618271
Art and craft gallery in accordance with a development consent granted prior to the making of this plan or antique shop where the use is wholly located within the external walls of the buildings that existed on the date on which Hornsby Shire Local Environmental Plan 1994 (Amendment No 72) took effect and any land required by the Roads and Traffic Authority is dedicated as public road.
Nos 895–945 Old Northern Road and Nos 535–539 Galston Road, Dural
Land shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 72)
Home office where any land required by the Roads and Traffic Authority is dedicated as public road.
Nos 895–945 Old Northern Road and Nos 535–539 Galston Road, Dural
Land shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 72)
Not more than 2 premises (being coffee shops, health consulting rooms or office premises, or any combination of those) per allotment and where each such premises does not occupy a gross floor area of more than 100m2 or is wholly located within the external walls of a dwelling that existed on the date on which Hornsby Shire Local Environmental Plan 1994 (Amendment No 72) took effect and any land required by the Roads and Traffic Authority is dedicated as public road.
Part of Nos 7–7A Quarry Road, and part of No 17 Quarry Lane, Dural
Part of Lot 11, DP 857463, and part of Lots 14 and 15, DP 1009080, as shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan (Amendment No 77)”.
Development for the purposes of playing fields, courts, a covered recreation area, a sports store, and ancillary buildings, each of which is to form part of the adjoining Pacific Hills Christian School, but only if the Council is satisfied that:
(a)  the total site area of the School will at no time (including after the development has been carried out) exceed 9.06 hectares, and
(b)  the total number of students enrolled at the School will at no time exceed 1360.
No 10 Ramsay Road, Pennant Hills
Lot 9 Section 1 DP 6740
Lot 7 DP 304975
Day endoscopy centre
Land zoned Residential B (Medium Density) in the Turner Road Commercial Centre, Berowra Heights
Land shown edged heavy black on the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 91)
Development authorised by a development consent in force immediately before the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 91), being a development consent that is still in force.
Nos 208–226 Pacific Highway, Hornsby
Lot 100, DP 847663, as shown distinctively coloured and edged on Sheet 2 of the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)
Use of ground floor premises for business premises; office premises; restaurants; shops.
The land bounded by Thomas, Romsey and Leonard Streets, Waitara
Land shown edged heavy black on Sheet 1 of the map marked “Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)
Use of ground floor premises for business premises; office premises; restaurants; shops.
63, 65–67, 69, 71–73, 75, 77, 79–81 and 81A Hunter Street, Hornsby
Lot 2, DP 584634
Lots 3 and 4, DP 591823
Lot 2, DP 598268
Lot 1, DP 623263
Lot 2, DP 570371
Lot 1, DP 552773
Lot 1, DP 550272
Lot 2, DP 579617
Development authorised by a development consent in force immediately before the commencement of Hornsby Shire Local Environmental Plan 1994 (Amendment No 78), being a development consent that is still in force.
Prohibitions
(2)  Regardless of any other provision in this plan, the following land uses and other development are prohibited in accordance with the following Table:
Table
Address/Area
Land Description
Prohibited Land Use or Other Development
Nos 295–299 Pennant Hills Road, Nos 1–3 Thornleigh Street and No 6X Station Street, Thornleigh
Lots 24–26 DP 263535
Lots 23 and 24
Section 4 DP 1854
Lot 2 DP 561409
Drive-in take-away restaurant
No 83 David Road, Castle Hill
Lot 1071 DP 786446
Take-away food shops or restaurants having a gross floor area of greater than 120m2. Take-away food shops or restaurants which would result in the total gross floor area of all the take-away food shops and restaurants on the land exceeding 390m2.
cl 22: Am 9.9.1994; 25.8.1995; 1.11.1996; 24.1.1997; 11.7.1997; 22.8.1997; 28.11.1997; 17.7.1998; 31.7.1998; 30.10.1998; 19.2.1999; 2.7.1999; 16.7.1999; 19.5.2000; 22.12.2000; 10.8.2001; 1.2.2002; 8.3.2002; 18.10.2002; 7.2.2003; 21.2.2003; 9.5.2003; 2004 No 91, Sch 2.39 [1]; 2005 (373), cl 4; 2006 (103), Sch 1 [1]; 2006 (474), Sch 1 [2] [3].
Part 5 Dictionary
23   Dictionary
(1)  In this plan:
abattoir means a building or place used for the slaughter of animals, whether or not it is also used for the processing, manufacture or distribution of animal by-products, and includes a knackery.
advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.
agricultural structure means any structure associated with agriculture, and includes farm sheds, barns, silos, greenhouses, glasshouses and the like.
agriculture means:
(a)  the growing of rain-fed crops where fertiliser and irrigation is applied from time to time, and includes the growing of pasture and orchards, or
(b)  the grazing of animals such as beef and dairy cattle, deer and alpaca for commercial purposes.
alter in relation to a heritage item or to a building or work within a heritage conservation area, means:
(a)  make structural changes to the outside of the heritage item, building or work, or
(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes resulting from the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.
animal boarding or training establishments means a building or place used for the breeding, boarding, training or keeping of, or for caring for, non-livestock animals for commercial purposes where the majority of feed is not grown on the land on which the building or place is located, and includes a riding school.
aquaculture means cultivation (including propagation and rearing) of the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose using an artificially created body of water, and includes fishing and oyster farming activities.
art and craft gallery means a building used for the manufacture, display and sale of locally produced art and craft (including painting, sculpture, pottery and ceramics, photography, wood and metal work, lead light, leatherwork and handicrafts), where:
(a)  the use is undertaken by the permanent residents of the property, and
(b)  the use does not involve the employment of more than 3 persons other than those residents, and
(c)  the use does not interfere in any way with the amenity of adjoining properties or the locality in which the property is situated, and
(d)  the use is principally the manufacturing of art and craft products which may be displayed and sold at the premise, and
(e)  the display and retail component of the use does not occupy an area of more than 75% of the proposed floor area or 150 square metres whichever is the lesser, and
(f)  the use does not involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign which would fit within a rectangular figure of 0.5m2 and exhibited on that dwelling to indicate the name and occupation of the residents, and
(g)  the use is to be conducted within a rural structure not exceeding 200m2 in size and designed in keeping with the character of the locality, and
(h)  the use does not include the mass production of art and craft products.
attached dwelling means a dwelling attached to another dwelling by a common wall or ceiling or floor where the dwellings maintain the appearance of a single building and where not more than two dwellings are erected on the same allotment of land.
bed and breakfast accommodation means a dwelling-house within which accommodation and breakfast are provided for a tariff:
(a)  by any one or more of the permanent residents of the dwelling house, and
(b)  on a short term basis for a maximum of 6 travellers, and
(c)  without the exhibition of any notice, advertisement or sign at the site of the dwelling-house (other than a non-illuminated notice or sign which would fit within a rectangular figure of 0.5m2).
boarding house means a building or place:
(a)  at which accommodation, meals and laundry facilities are provided to the residents of the building or place, and
(b)  which is not licensed to sell liquor within the meaning of the Liquor Act 1982.
bulky goods retailing establishment means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which, in the opinion of the Council, are of such a size, shape or weight as to require:
(a)  a large area for handling, storage or display, or
(b)  direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into or onto their vehicles after purchase,
but does not include a building or place:
(c)  used for the sale of food, clothing or petrol, or
(d)  used for a purpose that would adversely affect the range of services offered by existing facilities located in any nearby business or industrial centre.
bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.
bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or is still representative of the structure and floristics of the natural vegetation.
business premises means a building or place in which there is carried on an occupation, profession, light industry or trade or banking activities which provides a service directly and regularly to the public, but does not include a building or place elsewhere defined in this clause.
bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus or for the servicing, repairing and garaging of buses and other vehicles used for the purpose of a bus transport undertaking.
camp or caravan site means a site used for the purpose of:
(a)  placing moveable dwellings (within the meaning of the Local Government Act 1993) for permanent accommodation or for the temporary accommodation of tourists, or
(b)  the erection, assembly or placement of cabins for the temporary accommodation of tourists.
car park means a building or place used for parking vehicles and any related manoeuvring space and access, whether operated for gain or not.
cemetery means a building or place used for the disposal or processing of dead human beings or animals, and includes a crematorium and burial ground.
child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:
(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990,
(b)  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
classified road has the same meaning as in the Roads Act 1993.
commercial home catering means the use of a dwelling-house for the purpose of food preparation, and for packaging and storing food for consumption or sale (or both) off the premises, where:
(a)  the use is carried on only within the external walls of the dwelling-house, and
(b)  the use is undertaken by the permanent residents of the dwelling-house, and
(c)  the use does not involve the employment of persons other than those residents, and
(d)  the use does not interfere with the amenity of adjoining properties or the locality in which the dwelling-house is situated, and
(e)  the use does not occupy an area of more than 50m2, and
(f)  the use does not involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign which would fit within a rectangular figure of 0.5m2 and exhibited on that dwelling-house to indicate the name and occupation of the resident), and
(g)  the use does not involve exposure to view to any public place of any matter other than any such notice, advertisement or sign, and
(h)  the use does not involve the selling of any items from the premises.
communications facility means a building, structure, work or place used primarily for or in connection with the transmitting or receiving of signals for the purpose of communication, and includes radio masts, 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 may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere defined in this clause.
community land means land classified or reclassified as community land within the meaning of the Local Government Act 1993.
conservation plan means a document, including diagrams, establishing the heritage significance of a heritage item or a heritage conservation area and identifying the 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 consumer goods and petrol, oil and petroleum products, whether or not other goods are available for hire at the shop.
dam means an excavation in which water is stored for the containment of water by the use of earthen walls or walls made of other materials.
defence purposes means a lawful use of a building or place by the Commonwealth Department of Defence.
demolition, in relation to a heritage item or to a building, work, relic or place within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building, work, relic or place, in whole or in part.
demolition, means the complete or partial dismantling of a building or structure, by pre-planned and controlled methods or procedures.
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 does not include a building or place elsewhere defined in this clause.
dredging means the removal of material from the bed of a river.
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, other than a rural worker’s dwelling or an attached dwelling, that is the only dwelling on an allotment.
ecotourism facility means any nature based tourism activity or facility that involves education and interpretation of the natural environment and that is managed so as to be ecologically sustainable. It may include the encouragement of local culture, including aboriginal history, the education of visitors and locals to increase respect for their surroundings, and/or the development of infrastructure to protect and conserve sensitive sites. It may include the construction of staff quarters or guesthouse accommodation.
educational establishment means a building or place used for education (including teaching) and includes:
(a)  a school, and
(b)  a tertiary institution, being a university, a TAFE college (within the meaning of the Technical and Further Education Commission Act 1990), teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and
(c)  an art gallery or museum that is not used to sell the items displayed in it,
whether or not accommodation for staff or students, or both, is provided and whether or not used for the purpose of gain.
entertainment facility means a building or place used for the purpose of sport, entertainment, exhibitions or displays, and includes:
(a)  sports stadiums, showgrounds, racecourses and the like, and
(b)  theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.
Exempt and Complying Development DCP means the document titled Exempt and Complying Development—Development Control Plan adopted by the Council on 30 November 1999, as amended by the Council on the following dates in respect of the following subject-matter:
4 October 2000 (shop fitouts)
16 April 2003 (adult shops)
18 June 2003 (water tanks)
17 March 2004 (satellite dishes)
exhibition home means a dwelling-house or dwelling used temporarily for display purposes.
extractive industry means:
(a)  development involving the winning or removal of extractive material from land, or
(b)  an industry or undertaking (other than a mine) which depends for its operation on the winning or removal of extractive material from the land on which it is carried on.
extractive material means a substance such as sand, soil, gravel, clay, turf, rock or stone, but does not include coal, shale, petroleum, uranium or any mineral within the meaning of the Mining Act 1992.
farm management plan means a plan of management prepared by or on behalf of a landowner for the on-going management of land used or proposed to be used for the purposes of agriculture, an animal boarding or training establishment or intensive agriculture, being a plan that:
(a)  has been approved by the Council, and
(b)  predicts all farm management practices for a 10 year period, and
(c)  provides for a new farm management plan to be prepared and lodged with the Council at the end of the 10 year period, and
(d)  indicates agricultural, soil, water, nutrient and vegetation management practices appropriate to the land, and
(e)  provides for an update report on the implementation of the plan to be submitted to the Council every 2 years.
farmstay accommodation means owner-occupied premises, used for the purpose of agriculture, aquaculture or an animal boarding or training establishment, which are also used for the temporary or short term accommodation of a maximum of 6 travellers at any one time and which may include the provision of breakfast and planned farm related guest activities, but does not include a restaurant.
fishing and oyster farming activities means a building or place used for the cultivation and harvesting of fish or oysters, and includes a building or place used for:
(a)  the growing, processing, purification, packaging, distribution, research, marketing or storage of fish or oyster products, and
(b)  the preparation or repair of equipment ancillary to fishing or oyster farming, and
(c)  fishing or oyster farming cooperatives or education centres.
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.
floorspace ratio, in relation to a site, means the ratio of the gross floor area of any building or buildings on the site to the site area.
forestry includes arboriculture, sylviculture and the destruction of trees and shrubs for the purpose of:
(a)  afforestation, forest protection or the cutting, dressing and preparing (otherwise than in a sawmill) of wood and other forest products, or
(b)  establishing roads necessary for the removal of wood and forest products, or
(c)  forest protection.
generating works means a building or place used for the purpose of making or generating gas, electricity 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 as measured at 1.4 metres above each floor level, excluding:
(a)  columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and
(b)  lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and
(c)  car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access, and
(c1)  car parking provided for the community by a public authority, and
(d)  space for the loading and unloading of goods, and
(e)  internal public arcades and thoroughfares, terraces and balconies with outer walls less than 1.4 metres high.
group home means a permanent group home or a transitional group home, but does not include a special care home.
guesthouse accommodation means owner-occupied residential premises used for the temporary or short term accommodation of paying guests and which includes the provision of meals in its tariff, but does not include a restaurant.
hazardous industry means development for the purpose of an industry which, if the development were in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as 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 at which goods, materials or products are stored which, if in operation and when all measures proposed to reduce or minimise its impact on the locality are employed (such as 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 the use of a building which is compatible with the use of the surrounding area, by not more than 3 medical practitioners (including dentists) for the purpose of providing medical or dental services and by not more than 3 employees in conjunction with that practice.
height means the greatest distance measured vertically from any point of a building to the natural ground level directly below that point.
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 assessment means an assessment of the impact of proposed development on the heritage significance of a heritage item and its setting and any heritage conservation area within which it is situated which may or may not include a management strategy for the ongoing conservation of the item or area.
heritage conservation area means land shown edged heavy black on a diagram in Schedule E and includes components situated on or within the land such as buildings, works, relics, trees and places (such as gardens).
heritage item means a building, work, relic, tree, or place listed in Schedule D.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
home industry means a light industry carried on in a building where:
(a)  the industry is undertaken by one or more of the permanent residents of the dwelling, and
(b)  the industry does not involve the employment of more than 3 persons other than those residents, and
(c)  the industry does not interfere in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and
(d)  the industry does not occupy an area of more than 200 square metres, and
(e)  the industry does not involve the exhibition of any notice, advertisement or sign (other than a notice or sign which would fit within a rectangular figure 1.2 metres in length and 0.6 metres in height and exhibited on that dwelling or land to indicate the name and occupation of the residents).
home occupation means the use of a dwelling for the purpose of an office or business, where:
(a)  the use is carried on only within the external walls of the dwelling, and
(b)  the use is undertaken by the permanent residents of the dwelling, and
(c)  the use does not involve the employment of persons other than those residents, and
(d)  the use does not interfere in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and
(e)  the use does not occupy an area of more than 50m2, and
(f)  the use does not involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign which would fit within a rectangular figure of 0.5m2 and exhibited on that dwelling to indicate the name and occupation of the resident), and
(g)  the use does not involve exposure to view from any public place of any matter other than any such notice, advertisement or sign, and
(h)  the use does not involve the selling of any items from the premises.
home office means the use of a dwelling-house for the purpose of office premises, where:
(a)  the use is carried out by permanent residents of the dwelling and no more than two employees or contractors, and
(b)  the use is carried on only within the external walls of the dwelling (not including any garage), and
(c)  the Council is of the opinion that the use does not interfere with the amenity of adjoining properties or the locality in which the dwelling is situated, and
(d)  the use does not occupy an area of more than 50m2, and
(e)  the use does not involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign which would fit within a rectangular figure of 0.5m2 and is exhibited on that dwelling to indicate the name and occupation of the resident), and
(f)  the use does not involve exposure to view from any public place of any matter other than any such notice, advertisement or sign, and
(g)  the use does not involve the selling of any items from the premises, and
(h)  the use does not change the appearance of the dwelling or the land out of character with that of the adjoining land.
hospital 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 people admitted as in-patients, whether or not out-patients are also cared for or treated at the building or place.
hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates and may include temporary or short-term accommodation for travellers.
housing for aged or differently abled persons means residential accommodation which may take any building form and may be or include a hostel and which is, or is intended to be used as, housing for the permanent accommodation of:
(a)  persons over 55 years of age, or
(b)  persons of any age who, as a result of having a mental, physical or sensory impairment, either permanently or for an extended period, have substantially limited opportunities to enjoy a full and active life.
industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but (in the zoning control table) does not include any other use of land elsewhere defined in this clause.
intensive animal establishment means the use of a building or place for holding cattle, goats, poultry or other livestock in a confined area to be reared or fattened (wholly or substantially) on prepared or manufactured feed which, without limiting the generality of the above, may consist of or include:
(a)  a poultry farm, or
(b)  a feedlot, or
(c)  a piggery, or
(d)  a dairy farm,
but not a use of a building or place for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the building.
intensive horticulture establishment means the use of a place to grow commercial crops of plants or fungi, whether under cover or in the open, using intensive agricultural systems such as hydroponics or a sprinkler system (but not use of a place to grow produce for personal household consumption or enjoyment).
land clearing means the removal or destruction of bushland or vegetation including shrubs, groundwater and trees.
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 does not include a use of land elsewhere defined in this clause.
maintenance means the continuous protective care of the fabric of a heritage item and its setting.
marina means a building or place used or intended to be used to provide moorings for boats and includes any associated:
(a)  slipways, pontoons, jetties, piers or the like, and
(b)  facilities for the repair, maintenance and fuelling of, or for the provision of accessories and parts for boats.
materials recycling facility means a building or place used for the collecting, sorting, dismantling, storing, abandoning or recycling of second-hand or scrap materials for the purpose of resale, reuse or transfer.
medical centre means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only, and includes health consulting rooms.
mine means a place which depends for its operation on the winning or removal of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies, and includes a place used for the storage and primary processing of the material obtained.
motel means premises, not being a hotel, used for the temporary or short term accommodation of travellers, and which may also include a restaurant and/or conference facilities.
motor showroom means a building or place used or intended for use for the display or sale of motor vehicles and accessories including boats, caravans and trailers.
moveable dwelling means a dwelling which is:
(a)  a self contained dwelling including at least a kitchen, bathroom, bedroom, living area, toilet and laundry facilities, and
(b)  manufactured off-site in one or more major sections and transported to a site for installation, and
(c)  capable of being placed on and removed from a site within 24 hours,
but does not include a caravan, mobile home and the like.
multi-unit housing means 2 or more dwellings, whether attached or not, but does not include a hotel or motel.
offensive industry means development for the purpose of an industry which, if the development were in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
offensive storage establishment means any establishment at which goods, materials or products are stored and which, if in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
office premises means a building or place used for the purpose of administration, clerical, technical, professional or like activities (except dealing with members of the public on a direct and regular basis or otherwise than by appointment), but does not include a building or place elsewhere defined in this clause.
operational land means land classified or reclassified as operational land within the meaning of the Local Government Act 1993.
passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, and includes any facilities required for parking, manoeuvring, storage or routine servicing of any vehicle forming part of that undertaking.
permanent group home means a dwelling:
(a)  which is used to provide a household environment for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and
(b)  which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,
but does not include a building for the housing of aged or differently abled persons.
place of 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.
plant and equipment hire premises means a building or place where plant, machinery, tools and equipment are stored and displayed and are available for hire or lease to persons for temporary use, and for the repair, service and maintenance of such items, but does not include a building or place used for one or more of the following purposes:
(a)  home entertainment equipment, such as stereo sound systems, televisions, audio visual equipment and the like,
(b)  party and function equipment, such as catering equipment, music players, tables, seating and the like,
(c)  motor showrooms.
potential archaeological site means a site known to the Council to have archaeological potential.
public building means a building or place used as a business or office by a public authority or an organisation established for public purposes.
public meeting means an assembly held for a public purpose to which admission may ordinarily be gained by members of the public (whether or not on payment of money, or other consideration, as the price or condition of admission), but does not include an assembly held for the purpose of religious worship only.
reclamation means the deposition of material from a river bed.
recreation area means:
(a)  a children’s playground,
(b)  an area used or intended for use for sporting activities or sporting facilities,
(c)  an area used or intended for use to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
(i)  the Council, or
(ii)  a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse or a showground.
recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere defined in this clause.
registered club means a building or place which is used by persons associated, or by a body incorporated, for a social, literary, political, sporting, athletic or other similar lawful purpose and which is, or is intended to be, registered under the Registered Clubs Act 1976.
relic means any deposit, object or material evidence relating to:
(a)  the use or settlement of the area of Hornsby, not being Aboriginal habitation, which is more than 50 years old, or
(b)  Aboriginal habitation of the area of Hornsby both prior to and concurrently with its occupation by persons of European extraction, including human remains.
residential office means a dwelling in which an occupation is carried on by the permanent residents of the dwelling which does not involve any of the following:
(a)  the employment of more than 3 persons other than the permanent residents,
(b)  interference in any way with the amenity of adjoining properties or the locality in which the dwelling is situated,
(c)  the exhibition of any notice, advertisement or sign (other than a notice or sign which would fit within a rectangular figure 1.2 metres in length and 0.6 metres in height and exhibited on that dwelling or land to indicate the name and occupation of the resident),
(d)  exposure to view from any public place of any matter, except as provided by paragraph (c),
(e)  a change in the appearance of the dwelling or the land on which it is erected out of character with that of the adjoining land.
restaurant means a building or place the principal purpose of which is the provision of food to people for consumption on the premises.
retail plant nursery means a building or place used for growing plants and selling plants by retail, whether or not it is also used for the sale of landscape supplies (including earth products) or other landscape and horticultural products.
roadside stall means a building or place (not exceeding 20m2 in floorspace or area) where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
rural industry means a business activity involving:
(a)  the handling, treating, processing or packing of primary products produced in the locality in which the industry is situated, or
(b)  the regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or for the purpose of a business activity referred to in paragraph (a).
rural structure means any shed, barn, outbuilding or the like associated with a dwelling and used by the permanent residents of the dwelling for storage, hobbies, home occupations and the like.
rural workers’ dwelling means a moveable dwelling:
(a)  located on land on which a dwelling-house is or is intended to be located, and
(b)  used as the place of residence by persons whose principal employment is for the purpose of agriculture, animal establishment, aquaculture or a rural industry on that land, and
(c)  with a maximum gross floor area of 110m2.
sawmill means a mill handling, cutting and processing timber from logs or baulks.
service shop means a small shop used as a bank, chemist’s shop, coffee shop, milk bar or newsagency where the use does not occupy a gross floor area of more than 100m2.
service station means a building or place used for the fuelling of motor vehicles and for the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:
(a)  the hiring of trailers,
(b)  the retail selling or the installing of spare parts and accessories for motor vehicles,
(c)  the washing and greasing of motor vehicles,
(d)  the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),
(e)  the retail selling or hiring of small consumer goods.
shop means a building or place used for the purpose of selling, whether by retail or auction, or for the hiring or display for the purpose of selling or hiring, of items (whether goods or materials) but does not include a building or place elsewhere defined in this clause.
site area, in relation to development, means the area of land to which an application for consent to carry out the development relates, exclusive of any land on which the development is not permitted by or under an environmental planning instrument.
special care home means an existing dwelling:
(a)  which is used to provide a household environment for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and
(b)  which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required, and
(c)  which does not contain more than 5 bedrooms or is occupied at the same time by not more residents (including resident staff, if any) than is equal to the number calculated by multiplying the number of bedrooms in the home by 2,
but does not include a building for the housing of aged or differently abled persons.
stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.
the Council means the Hornsby Council.
the map means the map marked “Hornsby Shire Local Environmental Plan 1994”, as amended by the maps (or 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.
Hornsby Shire Local Environmental Plan 1994 (Amendment No 2)
Hornsby Shire Local Environmental Plan (Amendment No 4)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 5)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 6)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 7)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 9)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 12)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 14)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 15)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 19)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 22)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 24)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 25)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 27)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 28)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 29)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 31)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 32)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 33)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 34)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 35)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 36)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 37)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 38)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 43)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 40)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 44)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 45)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 47)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 48)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 50)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 52)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 56)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 61)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 62)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 64)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 71)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 74)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 75)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 78)—Sheet 2
Hornsby Shire Local Environmental Plan 1994 (Amendment No 88)
Hornsby Shire Local Environmental Plan 1994 (Amendment No 91)
tourist facility means an establishment providing primarily for tourist accommodation or recreation, or both, and may include bed and breakfast accommodation, boatsheds, boat landing facilities, camp or caravan sites, ecotourism facilities, farmstay accommodation, guesthouse accommodation, holiday cabins, picnic grounds, house boats, playgrounds, restaurants, water sport facilities, clubs, marinas and motels.
transitional land means that land which is within 20 metres of a boundary between any two zones.
transitional group home means a dwelling:
(a)  which is used to provide temporary accommodation, for the purpose of relief or rehabilitation, for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and
(b)  which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,
but does not include housing for aged or differently abled persons,
utility installation means a building, work or undertaking carried out under the authority of any Government authority (including the Council), or in pursuance of any Commonwealth or State Act, for the purpose of:
(a)  railways or roads, or
(b)  railway, road, water or air transport, or wharf or river undertakings, or
(c)  the provision of sewerage or drainage services, or
(d)  the supply of water, hydraulic power, electricity or gas, or
(e)  telecommunications facilities, or
(f)  collecting recyclable materials, where that undertaking does not occupy an area of more than 100m2.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, being repairs involving body building, panel beating or spray painting.
vehicle repair station means a building or place used for the purpose of carrying out repairs to vehicles or the selling and fitting of accessories to vehicles or agricultural machinery.
veterinary clinic means a building or place used for diagnosing or medically (but not surgically) treating animals where animals are not accommodated on the premises, but does not include a veterinary hospital.
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, and includes a veterinary clinic.
warehouse or distribution centre means a building or place used mainly for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, but not for the retail sale of items to the public from the building or place.
(2)  A reference in this plan:
(a)  to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and
(b)  to a map is a reference to a map deposited in the office of the Council.
(3)  Text that accompanies a Diagram in a Schedule to this plan forms part of this plan.
cl 23: Am 25.8.1995; 8.12.1995; 23.2.1996; 8.3.1996; 28.6.1996; 19.7.1996; 1.11.1996; 27.3.1997; 4.7.1997; 11.7.1997; 19.12.1997; 20.3.1998; 1.5.1998; 8.5.1998; 31.7.1998; 18.9.1998; 9.10.1998; 7.5.1999; 21.5.1999; 16.7.1999; 24.9.1999; 8.10.1999; 15.10.1999; 11.2.2000; 25.2.2000; 4.8.2000; 8.9.2000; 15.9.2000; 22.12.2000; 8.6.2001; 13.7.2001; 20.9.2002; 18.10.2002; 24.1.2003; 7.2.2003; 24.10.2003; 3.9.2004; 10.9.2004; 18.3.2005; 2005 (870), Sch 1 [4]; 2006 (102), Sch 1 [2]; 2006 (103), Sch 1 [2]; 2006 (474), Sch 1 [4] [5].
Schedule A
(Clause 6 (1) (a))
1   
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, and
(b)  the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c)  the construction of new railways, railway stations and bridges over roads,
(d)  the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges,
(e)  the formation or alteration of any means of access to a road, and
(f)  the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
2   
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings, that is to say:
(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 process of being acquired for the purpose thereof before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or
(f)  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, so as materially to affect the design or external appearance thereof, of buildings, or
(ii)  the formation or alteration of any means of access to a road.
3   
The carrying out by persons carrying on public utility undertakings, being water transport undertakings, or land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b)  the formation or alteration of any means of access to a road.
4   
The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, live-stock 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.
5   
The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance thereof, or
(b)  the formation or alteration of any means of access to a road.
6   
The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b)  the formation or alteration of any means of access to a road.
7   
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 purposes 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.
8   
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.
9   
The carrying out of any forestry work by the Forestry Commission, a School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
10   
The carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except:
(i)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or
(ii)  any development designed to change the use or purpose of any such reserve.
11   
The carrying out or causing to be carried out by a Council engaged in flood mitigation works or by the Water Administration Ministerial Corporation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood irrigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except:
(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.
12   
In this Schedule, the appointed day means the day on which this plan commenced.
Schedule B
(Clause 15 (2))
Diagram 1
The floorspace ratio in respect of the land shown edged heavy black on Diagram 1 shall not exceed 1.5:1, although the Council may consent to development that results in a floorspace ratio of not more than 2:1, subject to the provision of public amenities to the satisfaction of the Council.
Diagram 2
The floorspace ratio in respect of the land shown edged heavy black on Diagram 2 shall not exceed 1.5:1.
Diagram 3
The floorspace ratio in respect of the site area consisting of the land shown edged heavy black on Diagram 3 shall not exceed 1:1.
Diagram 4
The Council may consent to development that results in additional gross floor area of up to half the site area above that allowed by the floorspace ratio in respect of land shown edged heavy black on Diagram 4, subject to the observance of performance standards limiting building height, access to Pennant Hills Road and requiring set backs from adjoining homes to the satisfaction of the Council.
Diagram 5
The floorspace ratio in respect of the land shown edged heavy black on Diagram 5 shall not exceed 0.75:1.
Diagram 6
The Council may consent to development that exceeds a floorspace ratio of 1:1 but does not result in a floorspace ratio of more than 1.5:1 in respect of the land shown edged heavy black on Diagram 6, subject to the provision of public amenities to the satisfaction of the Council.
Diagram 7
The Council may consent to development that exceeds a floorspace ratio of 0.5:1 but does not result in a floorspace ratio of more than 1:1 in respect of the land shown edged heavy black on Diagram 7, subject to the provision of public amenities to the satisfaction of the Council.
Diagram 8
The floorspace ratio in respect of the land shown edged heavy black on Diagram 8 shall not exceed 0.9:1.
Diagram 9
The floorspace ratio in respect of the land shown edged heavy black on Diagram 9 shall not exceed 0.7:1, except where the gross floor area that results in a floorspace ratio in excess of 0.7:1 is used or proposed to be used exclusively for the purposes of a child care centre.
Diagram 10
1  In respect of the land marked “1” and shown edged heavy black on Diagram 10, the Council may consent to development that results in a floorspace ratio that exceeds 2:1, but does not exceed 5:1, if the gross floor area that results in a floorspace ratio in excess of 2:1 is used, or is proposed to be used, exclusively for the purpose of employment generating development.
2  In respect of the land marked “2” and shown edged heavy black on Diagram 10, the Council may consent to development that results in a floorspace ratio that exceeds 2:1, but does not exceed 3:1, if the gross floor area that results in a floorspace ratio in excess of 2:1 is used, or is proposed to be used, exclusively for the purpose of employment generating development.
3  In respect of the land marked “3” and shown edged heavy black on Diagram 10, the Council may consent to development that results in a floorspace ratio that exceeds 1:1, but does not exceed 5:1, if the gross floor area that results in a floorspace ratio in excess of 1:1 is used, or is proposed to be used, exclusively for the purpose of employment generating development.
Diagram 11
The Council may consent to development that results in a floorspace ratio greater than 1.6:1 in respect of the land shown edged heavy black on Diagram 11 if the gross floor area that results in a floorspace ratio in excess of 1.6:1 is used, or is proposed to be used, exclusively for the purpose of multi-unit housing and if the total floorspace ratio for the development does not exceed 4:1.
Diagrams 12, 13
  (Repealed)
Diagram 14
The floorspace ratio in respect of the land shown edged heavy black on Diagram 14:
(a)  may exceed 1:1, but must not exceed 1.5:1 where the site area is greater than 1,000m2 and less than 2,000m2, and
(b)  may exceed 1:1, but must not exceed 2:1 where the site area is 2,000m2 or more,
subject to the proposed development satisfying the following:
(c)  the development must retain existing front facades to Langston Place, as nominated by the Business Lands Development Control Plan adopted by the Council on 18 December 2000, and
(d)  the development must involve the provision of a rear access lane from Pembroke Street, and
(e)  the development must comply with the development standards of the Business Lands Development Control Plan, including the principles of the Epping Commercial Centre Masterplan embodied in that Plan, adopted by the Council on 18 December 2000.
Diagram 15
Land described in diagram 15
1  The Council may consent to development that results in a floorspace ratio in respect of the land marked “1” and shown edged heavy black on Diagram 15 that exceeds 1:1, but does not exceed 2:1 if:
(a)  the site area is greater than 2,500 square metres, and
(b)  the gross floor area that results in a floorspace ratio in excess of 1:1 is used, or is proposed to be used, exclusively for the purpose of multi-unit housing, and
(c)  a minimum of 0.5:1 and a maximum of 1:1 of the floorspace ratio of the development is used, or is proposed to be used, exclusively for commercial, retail or business purposes, and
(d)  the Council has taken into consideration the principles, design, height and setback controls of the Asquith Commercial Centre Masterplan contained in the Business Lands Development Control Plan adopted by Council on 5 November 2003.
2  The Council may consent to development that results in a floorspace ratio in respect of the land marked “2” and shown edged heavy black on Diagram 15 that exceeds 1:1, but does not exceed 2.3:1 if:
(a)  the site area is greater than 3,000 square metres, and
(b)  the gross floor area that results in a floorspace ratio in excess of 1:1 is used, or is proposed to be used, exclusively for the purpose of multi-unit housing, and
(c)  a minimum of 0.75:1 and a maximum of 1:1 of the floorspace ratio of the development is used, or is proposed to be used, exclusively for commercial, retail or business purposes, and
(d)  a public precinct is provided comprising an open air space of at least 600 square metres in area, and
(e)  the Council has taken into consideration the principles, design, height and setback controls of the Asquith Commercial Centre Masterplan contained in the Business Lands Development Control Plan adopted by Council on 5 November 2003.
3  The Council may consent to development that results in a floorspace ratio in respect of the land marked “3” and shown edged heavy black on Diagram 15 that exceeds 1:1, but does not exceed 2.15:1 if:
(a)  the site area is greater than 1,600 square metres, and
(b)  the gross floor area that results in a floorspace ratio in excess of 1:1 is used, or is proposed to be used, exclusively for the purpose of multi-unit housing, and
(c)  a minimum of 0.7:1 and a maximum of 1:1 of the floorspace ratio of the development is used, or is proposed to be used, exclusively for commercial, retail or business purposes, and
(d)  an arcade, passageway, thoroughfare or other means of providing a pedestrian link through the site is provided which, in the opinion of the Council, will be of benefit to occupants of or visitors to the development and other buildings in the Asquith Commercial Centre, and
(e)  the Council has taken into consideration the principles, design, height and setback controls of the Asquith Commercial Centre Masterplan contained in the Business Lands Development Control Plan adopted by Council on 5 November 2003.
Diagram 16
The floorspace ratio in respect of the land shown edged heavy black on Diagram 16 may exceed 1:1 where the gross floor area that results in a floorspace ratio in excess of 1:1 is used or proposed to be used exclusively for the purpose of multi-unit housing.
Diagram 17
The Council may consent to development that exceeds a floorspace ratio of 1:1 but does not result in a floorspace ratio of more than 1.5:1 in respect of the land shown edged heavy black on Diagram 17 subject to the provision of public car parking to the satisfaction of the Council.
Diagram 18
The Council may consent to development that exceeds a floorspace ratio of 0.5:1 but does not result in a floorspace ratio of more than 0.82:1 in respect of the land shown edged heavy black on Diagram 18 where the Council is satisfied that the area of land marked “proposed village green” on Diagram 18 will be transferred to the Council as public open space.
Diagram 19
The Council may consent to development that exceeds a floorspace ratio of 0.4:1 but does not result in a floorspace ratio of more than 0.6:1 in respect of the land shown edged heavy black on Diagram 19, subject to the observance of performance standards to the satisfaction of the Council relating to streetscape, impact on surrounding development, pedestrian and cycle links, retention of significant trees, stormwater retention, water quality treatment, vehicular access and future road extensions.
Diagram 20
HORNSBY TOWN CENTRE
Land described in diagram 20
1  The Council may consent to development not exceeding a maximum RL of 215.830 in respect of the land shown edged heavy black on Diagram 20, but only if:
(a)  a community facility is provided and its floorspace ratio is not less than 1:1, and
(b)  any residential component of the development does not exceed a floorspace ratio of 3:1.
2  In considering consent to such development, the Council must have regard to the following matters:
(a)  setbacks,
(b)  landscaped open space,
(c)  building design,
(d)  streetscape,
(e)  impact on adjoining development,
(f)  stormwater management,
(g)  vehicular access and egress,
(h)  traffic management,
(i)  car parking,
(j)  future road widening.
Diagram 21
BEROWRA HEIGHTS
The floorspace ratio in respect of land shown edged heavy black on Diagram 21 must not exceed:
(a)  for development that consists solely of multi-unit housing—0.6:1, and
(b)  for development that consists partly of multi-unit housing and partly of other development:
(i)  1:1 for the development as a whole, and
(ii)  0.6:1 for such part of the development as comprises multi-unit housing, and
(c)  for any other development—1:1.
Such development is permissible, subject to the Council taking into consideration the matters of height, scale, setbacks, streetscape, pedestrian and vehicular access as they relate to the development site.
sch B: Am 24.1.1997; 27.3.1997; 17.7.1998; 15.10.1999; 15.9.2000; 29.6.2001; 10.9.2004; 18.3.2005; 2006 (102), Sch 1 [3]–[8]; 2006 (103), Sch 1 [3]; 2006 (474), Sch 1 [6] [7].
Schedule BA
(Clauses 14 (2A), (4A) and (4B) and 15 (3))
Diagram 1
Diagram 2
The Council may consent to development that results in allotments smaller than those required by clause 14 (2) and/or a density of dwellings in excess of that allowed by clause 14 (3) in respect of land shown edged heavy black on Diagram 2, subject to a maximum density of 33 dwellings per hectare and the observance of performance standards to the satisfaction of the Council relating to streetscape, impact on surrounding development, pedestrian and cycle links, retention of significant trees, stormwater retention, water quality treatment, vehicular access and future road extensions.
Diagram 3
sch BA: Ins 17.7.1998. Am 15.10.1999; 9.5.2003.
Schedule C
(Clause 16 (1))
Part 1 Land classified or reclassified before application of amendments made to s 30 of Local Government Act 1993
Diagram A
The land shown edged heavy black in Diagram A has been reclassified as operational land.
Diagram B
The land shown edged heavy black in Diagram B has been reclassified as operational land.
Diagram C
The land shown edged heavy black in Diagram C has been reclassified as operational land.
Diagram D
The land shown edged heavy black in Diagram D has been reclassified as operational land.
Diagram E
The land shown edged heavy black in Diagram E has been reclassified as operational land.
Diagram F
The land shown edged heavy black in Diagram F has been reclassified as operational land.
Diagram G
Part 2 Public reserve status and other interests discharged
Diagram AA (previously Diagram G)
Lot 31, DP 27987, known as No 2X Fairburn Avenue, West Pennant Hills—Hornsby Shire Local Environmental Plan 1994 (Amendment No 49).
Diagram AB
Lot 9, DP 261361, known as No 1X Swan Place, Pennant Hills—Easement for transmission line noted on Certificate of Title Folio Identifier 9/261361—Hornsby Shire Local Environmental Plan 1994 (Amendment No 68).
Diagram AC
Part of Lot 18, DP 202186, Calabash Point, Berowra Creek, has been reclassified as operational land as shown edged heavy black in Diagram AC—Hornsby Shire Local Environmental Plan 1994 (Amendment No 63).
Diagram AD
The land shown edged heavy black in Diagram AD, being Lot 65, DP 8797, Heath Street, Asquith, has been reclassified as operational land—Hornsby Shire Local Environmental Plan 1994 (Amendment No 85).
Part 3 Public reserve status and other interests retained
Diagram BA
Berowra Waters
The land shown edged heavy black in Diagram BA, being part Lot 1, DP 318160 and part Lot 33, DP 14065, Bay Road, Berowra Waters, has been reclassified as operational land
sch C: Am 1.5.1998; 8.5.1998; 31.7.1998; 18.9.1998; 25.2.2000; 4.8.2000; 16.3.2001; 22.6.2001; 1.3.2002; 29.10.2004.
Schedule D
(Clauses 18 (1), 23)
In this Schedule:
for the purpose of describing significance, the symbol “L” means local, “R” means regional, “S” means State and “N” means national, and
for the purpose of describing an address, the symbol “X” means adjacent to the address specified.
Address
Property description
Item
Significance
Arcadia
89–91 Arcadia Road
Lot 201, DP 752048
Arcadia General Store
L
109 Arcadia Road
Lot 1, DP 533940
“Weerona” and garden
L
123 Arcadia Road
Pt Lot 7, DP 446220
Mobb’s House
L
136 Arcadia Road
Pt Lot 25, DP 975148
Arcadia Community Hall
L
138 Arcadia Road
Lot 1, DP 598637
St. Columb’s Anglican Church
L
140 Arcadia Road
Lot 1, DP 797478 and Lot 1, DP 597328
Arcadia Public School—original building (excluding other buildings and grounds)
L
26 Blacks Road
Lots 1 and 3, DP 587065
House
L
58–62 Calabash Road
Lot 233, DP 752048
Waddell Ridge Group, dwelling remains, cistern, benchmark, rock inscription, field terracing, road terracing, fenceline, footings.
L
3 Cobah Road
Lot 1, DP 210810
House
L
15 Cobah Road
Lot 2, DP 609304
House
L
40–44 Cobah Road
Lots 1–3, DP 203756
Windbreak and garden
L
Halls Road
Road Reserve
Windbreak
L
1 Halls Road
Lot D, DP 369476
House
L
2 Smalls Road
Lot 3, DP 563428
House
L
10–12 Smalls Road
Lot 2, DP 874443
House and outbuildings
L
15 Smalls Road
Lot 2, DP 564660
House
L
Sunnyridge Road
 
Windbreak
L
Asquith
2X Chelmsford Street
Lot 1114, DP 822293
Mills Park
L
5 Dudley Street
Lot A, DP 375534
House
L
Halden Street
Road Reserve
Trees, Asquith Station and nature strip
L
419 Pacific Highway
Pt Lot 11, DP 12901
House
L
466A Pacific Highway
Lot 10, DP 845796
House
L
480 Pacific Highway
Lot 14, DP 16107
House
L
Royston Parade
Road Reserve
Street trees
L
1 Royston Parade
Lot 1, DP 702242
Grounds—St Patricks Church
L
26 Royston Parade
Lot 1, DP 502358
House and garden
L
27 Royston Parade
Lot 22, DP 515599
Garden
L
32 Royston Parade
Lot 26, DP 10405
House
L
Salmon Close
 
Garden tree
L
Cnr Sherbrook Road and Balwin Avenue
Road Reserve
Street tree
L
Sherbrook Road
Road Reserve
Street tree
L
121 Sherbrook Road
Lot 34, DP 8797
House
L
178 Sherbrook Road
Lot A, DP 317667
House
L
Beecroft
9 Albert Road
Lot 5, DP 18182
Blue gum at rear
L
29B Albert Road
Lot 105, DP 601734
House
L
Beecroft Road
Road Reserve
Street trees—opposite Observatory Park
L
2, 2A, 4 Beecroft Road
Lots 5–7, DP 237733
Gardens
L
2X Beecroft Road
Lot 6, DP 828179
Blackwood Memorial Sanctuary, including North Road culvert
R
8 Beecroft Road
Lot 1, DP 236171
Blackwood House and garden
R
21 Beecroft Road
Lot 2, DP 232683
“Red Hill”
R
44 Beecroft Road
Lot 1, DP 407029
Garden
L
45 Beecroft Road
Lot A, DP 377005
House and garden
L
52C Beecroft Road
Lot 2, DP 522487
“Glenbower”
L
59 Beecroft Road
Lot 1, DP 7380
House
L
61 Beecroft Road
Lot 10, DP 565264
House
L
62 Beecroft Road
Lot 6, DP 758074
St. John’s Anglican Church
L
63 Beecroft Road
Lot 21, DP 553564
“Lorne”
R
68 Beecroft Road
Lot 3, DP 758074 Section 7
Garden
L
72 Beecroft Road
Lot U, DP 959289
House, garden and outbuilding
L
74 Beecroft Road
Lot 101, DP 775322
“Eltham” and garden
L
83 Beecroft Road
Lot 12, DP 758074
House
L
84 Beecroft Road
Lot A, DP 317698
“Waveney”
L
86 Beecroft Road
Lot C, DP 434825
House
L
90–96 Beecroft Road
Lot U, DP 104459, Lot 1, DP 122581, Lot 1, DP 384982, Lot 1, DP 122580, Lots 1–5 and Pt 6, DP 758074, Lot A, DP 100859, Lot 2, DP 539122
Beecroft Public School—(excluding grounds)
L
95A Beecroft Road
Lot U, DP 947922
Beecroft Post Office
L
100 Beecroft Road
Lot A, DP 356769
“Vintage Cellars” building
L
104 Beecroft Road
Lot 2, DP 609098
“Nakinda”
L
110 Beecroft Road
Lot 5/6 (1), DP 758074
House and garden
L
111 Beecroft Road
Lot 1, DP 121947
Beecroft Community Centre
L
111X Beecroft Road
Lot 979, DP 822292
The Village Green, Boer War Memorial, World War I and II Memorials
L
112 Beecroft Road
Lots 4 and 5, DP 758074
House and garden
L
114 Beecroft Road
Lot 6, DP 221391
“Ravenhurst” and garden
L
115 Beecroft Road
Lots 1, 2, 3, 4 and 5, DP 2073
“Carmel”
L
116 Beecroft Road
Lot 5, DP 214705
Garden, fence and hedge
L
118 Beecroft Road
Lot 1, DP 501547
House
L
128 Beecroft Road
Lot 5, DP 6280
Garden
L
130 Beecroft Road
Lot A, DP 15298
“Romana House” and garden
R
136 Beecroft Road
Lot B, DP 317843
Garden
L
140 Beecroft Road
Lot 1, DP 504734
“Combanning”
L
142 Beecroft Road
Lots 13 and 14, DP 6280
Garden, fence and gate posts
L
144–146 Beecroft Road
Lots 15, 16, 17 and 34, DP 6280
“Brunoy” (Chesalon Nursing Home)
L
2–4 Boronia Avenue
Lots 1 and 2, DP 360108
Gardens
L
Boronia Street
Road Reserve
Street trees
L
Cardinal Avenue
Road Reserve
Street trees
L
Castle Howard Road
Road Reserve
Street trees
L
1X Castle Howard Road
Lots 534–535, 537–544, 823 and 864, DP 752028
Bushland, Beecroft/Cheltenham Park
L
Chapman Avenue
Road Reserve
Street trees between Cardinal Avenue and Hull Road
L
71 Copeland Road
Lot 3, DP 219007
House and garden
L
84 Copeland Road
Lot 4, DP 7931
House
L
116 Copeland Road
Lot C, DP 4369
House
L
121 Copeland Road
Lot 24, DP 758074, Section 4
Garden
L
127 Copeland Road
Lot 101, DP 842903
House
L
Copeland Road (east)
Road Reserve
Footpath—especially outside Nos 138–154
L
138 Copeland Road
Lot A, DP 385708
“Chetwynd”
L
148 Copeland Road
Lot 1, DP 205047
House
L
149 Copeland Road
Lot 1, DP 12464
Garden
L
151 Copeland Road
Lot 2, DP 12464
House and garden
L
153 Copeland Road
Lot 3, DP 12464
House
L
154 Copeland Road
Lot 2, DP 596145
House and garden
L
155 Copeland Road
Lot 4, DP 12464
“Holme Lacey” and garden
L
156 Copeland Road
Lot 14, DP 604271
Garden
L
157 Copeland Road
Lot 5A, DP 382779
House
L
159 Copeland Road
Lot 11, DP 556232
House
L
161 Copeland Road
Lot 6, DP 242297
House and garden
L
162 Copeland Road
Lot 1, DP 622711
“Aston”
L
163 Copeland Road
Lot 81, DP 577380
House and garden
L
188 Copeland Road
Lot 3, DP 368286
House
L
190 Copeland Road
Lot 4, DP 368286
House
L
23 Fiona Road
Lot Y, DP 364307
House
L
Hannah Street
Road Reserve
Street trees (between York Street and Pennant Hills Road)
L
29 Hannah Street
Lot A, DP 398222
House
L
30 Hannah Street
Lot C, DP 960213
House
L
38 Hannah Street
Lot 1, DP 200138
House
L
40 Hannah Street
Lot 5, DP 514026
House
L
42 Hannah Street
Lot 1, DP 133587 and Lot 20, DP 7788, Section 7
House
L
44 Hannah Street
Lot 18, DP 7788 and Lot 1, DP 168952
House
L
51 Hannah Street
Lot A, DP 963616
House
L
86X Hannah Street
Lot 28, DP 23858
Fernleigh Park
L
Hull Road
Road Reserve
Street trees
L
8 Kirkham Street
Lot Z, DP 395564
House
L
15 Kirkham Street
Lot 1, DP 357713
Garden
L
Lilla Avenue
Road Reserve
Street trees
L
Lynden Way
Road Reserve
Street trees
L
Malton Road
Road Reserve
Street trees
L
2 Malton Road
Lot A, DP 354398
House
L
5 Malton Road
Lot 3, DP 340956
House
L
11 Malton Road
Lot 42, DP 596659
“Kunaware” and garden
L
12 Malton Road
Lot 2, DP 504423
“Lynwood”
L
14–18 Malton Road
Lot A, DP 349021
“Mindaribba”
L
17 Malton Road
Lot 1, DP 924640
“Eureka”
L
27 Malton Road
Lot 1, DP 593755
“Loonycarn”
L
28 Malton Road
Lot 1, DP 537665
House
L
31A Malton Road
Lot 1, DP 628007
“Notrella”
L
37 Malton Road
Lot 101, DP 713750
House
L
49 Malton Road
Lot 602, DP 793873
House
L
7 and 9 Mangiri Road
Lots 19 and 20, DP 715454
“Linthorpe”
L
1 Mary Street
Lot B, DP 356769
Presbyterian Church
L
3 Mary Street
Lot 5 and 6, DP 758074
House and garden
L
7 Mary Street
Lot 8, DP 758074, Section 2
Two angophora trees
L
11–14X Mary Street
Lots 10–14, DP 758074 Section 2
Chilworth Reserve
L
1 Murray Road
Lots 8 and 9, DP 7132
House
L
Murray Road
Road Reserve
Street trees east of Beecroft Road
L
66 Murray Farm Road
Lot 42, DP 16525
House
L
67A Murray Farm Road
Lot 3, DP 552887
English Oak tree
L
107A Murray Farm Road
Lot 2, DP 512307
House
L
Orchard Street
Lot 12, DP 202545,
Lot 15, DP 220904,
Lot 66, DP 218185,
Lot 72, DP 503715,
Lots 2 and 46, DP 217863, Lot 75, DP 506963
Devlins Creek Bushland Reserve
L
Orchard Street
Road Reserve
Street trees
L
589 Pennant Hills Road
Lot 10, DP 801176
Grounds—Pennant Hills Golf Club
R
Sutherland Road—Byles Creek Valley
 
Bushland Reserve
L
Railway land—Beecroft to Pennant Hills
 
Bushland
L
82 Sutherland Road
Lots 640 and 641, DP 752028
Booth Park
L
97 Sutherland Road
 
Beecroft Railway Station and garden
L
110–112 Sutherland Road
Pt Lot 1 and pt. Lot 2, DP 4046
“Beveren” and garden
L
122 Sutherland Road
Lot 2, DP 619164
House
 
1 Wandeen Avenue
Lot 14, DP 7154
House
L
2 Wandeen Avenue
Lot 3, DP 523327
House
L
3 Wandeen Avenue
Lot 1, DP 546219
House and garden
L
3 Wongala Crescent
Lot 4, DP 305506
“Treasure House”
L
25 Wongala Crescent
Lots 1 and 2, DP 133462
Garden
L
37 Wongala Crescent
Lot 12, DP 607771
Fence
 
39–41 Wongala Crescent
Lot B, DP 368137
House
L
8 York Street
Lot 1, DP 9786
“Twilight House/Sheen”
L
Berowra
21A Anembo Road
Lot 302, DP 880212
House
L
4 Arcadia Crescent
Lot 31, DP 853409
House
L
14X Berowra Waters Road
Recreation Reserve
Berowra Park
L
10 Berowra Waters Road
Lot 2, DP 417877
“Thaxted”
L
24 Berowra Waters Road
Lot 2, DP 851097
House and garden
L
29 Berowra Waters Road
Lot 21, DP 6107
House
L
41 Berowra Waters Road
Within Recreation Reserve
Community Hall and grounds
L
48 Berowra Waters Road
Pt Lot 13, DP 509198
“Bungalow”
L
75 Berowra Waters Road
Lot 12, DP 562850
House
L
83 Berowra Waters Road
Lot A, DP 419283
“Sunbeam”
L
Berowra Waters Road
Road Reserve
Street trees outside 110–112
L
Berowra Waters Road
Crown Land
Scenic road through bushland
R
Crowley Road
Road Reserve
Street trees
L
3A Crowley Road
Lot 2, DP 509204
House
L
14 Crowley Road
Lot A, DP 326295
Hall
L
15 Crowley Road
Lot 6, DP 6107
House
L
36–38 Currawong Road
Lot 203, DP 749915
House
L
25 Goodwyn Road
Lot 2, DP 578390
House
L
2–4 Hillcrest Street
Lot B, DP 373120
Garden
L
22 Hillcrest Street
Lot 6, DP 217164
Trees associated with 7 Wanill Place
L
899–903 Pacific Highway
Lots 59, 90, 639, 912, DP 752053
Grounds—La Mancha Caravan Park
L
Pacific Highway (eastside)
Road Reserve
Roadside trees
L
1015 Pacific Highway
Lot 8, DP 758096
House
L
Rawson Road
Road Reserve
Street trees
L
24 Turner Road
Lot 1, DP 213153
“Whitianga”
L
5 Wanill Place
Lot 23, DP 218655
House
L
7 Wanill Place
Lot 22, DP 218655
Former servant’s quarters
L
Waratah Road
Road Reserve
Street trees
L
2 Waratah Road
Lots 19 and 20, DP 6107
“The Laurels” and garden
L
11–15 Yallambee Road
Lot 2, DP 556142
Garden, including Oak tree
L
Berowra Heights
Turner Road
Road Reserve
Trees
L
Berowra Waters
Berowra Waters Road/Bay Road
Waterway
Vehicular cable ferry
R
Berowra Waters Road
Lot 466, DP 727082
Boat shed
L
Berowra Waters Road
Crown Land
Kiosk/teahouse
L
Berowra Waters Road
Crown Land
Toilet block
L
Berowra Waters Road
 
Rex Jones Memorial
L
Franks Bight adjacent to Kirkpatrick Way
 
Tidal Bath remains
L
Berrilee
70–72 Bay Road
Lot A, DP 399112
“Sandown”
L
106 Bay Road
Lot 3, DP 224685
“Mt Orient”
S
Bobbin Head
Ku-ring-gai Chase Road
 
“Bobbin Inn”
L
Brooklyn
1–3 Bridge Street
Lot 1 and 2, DP 543112
Shop
L
5 Bridge Street
DP 936486
Shop
L
7 Bridge Street
DP 946143
Shop
L
11 Bridge Street
Lots 15, 17 and 19, DP 2746
Brooklyn Police Station
L
13 Bridge Street
Lot 1, DP 521539
Brooklyn Post Office and Residence
L
15–17 Bridge Street
Lots 27 and 28, DP 5043
House
L
Brooklyn Road
Lots 1–5 and 7, DP 752026 and Lot 395, DP 45975
Brooklyn cemetery
L
Brooklyn Road
Waterway
Seymours Creek Mangrove wetland
L
51 Brooklyn Road
Lot 3, DP 5527
House
L
52 Brooklyn Road
Lot 11, DP 2002
House
L
53 Brooklyn Road
Lot 2, DP 5527
Boatshed
L
87 Brooklyn Road
Recreation Reserve
Brooklyn Park
R
89–91 Brooklyn Road
Lot 1, DP 8426
“Rossmore”
L
95 Brooklyn Road
Lot 20, DP 849201
House
L
96 Brooklyn Road
Lot 4, DP 758166
“Ross Homestead” and garden
L
106 Brooklyn Road
Lots 1 and 2, DP 758166, Lots 1, 2, 3, 5 and 6, DP 758166, Section 2 and Lot 11, DP 758166
Brooklyn Public School (excluding grounds)
L
117 Brooklyn Road
Lot 4, DP 6805
House
L
120 Brooklyn Road
Lot 1, DP 358297
War Memorial Hall
L
121 Brooklyn Road
Lot 3, DP 629260
House
L
129 Brooklyn Road
Lot 1, DP 227335
House
L
140 Brooklyn Road
Lot B, DP 310389
“Melville”
L
156A Brooklyn Road
Lot 9, DP 2105
Old St Mary’s Church
L
176 Brooklyn Road
Lot 18, DP 41000
House
L
180 Brooklyn Road
Lot 16, DP 41000
House
L
206 Brooklyn Road
Lot 11, DP 1183 and Lot 12, DP 2746
“Blinkbonnie”
L
208 Brooklyn Road
Lot 1, DP 554808
House
L
212–214 Brooklyn Road
Lots 16, 17 and 18, DP 2746
House
L
Dangar Road
Lot 1, DP 62933, Lot 666, DP 828406 and Lot 1, DP 40000
McKell Park—Lower, upper, cabbage palms and World War II gun and emplacements
R
Dangar Road
Lot 415, DP 52026
Governor Phillip Memorial
L
Dangar Road
Lot 1, DP 734446
Hawkesbury River Railway Station
R
10 Dangar Road
Lot 1 DP 73446
House
L
5 George Street
Lot 1, DP 973865
House
L
7 George Street
Pt Lot 8 and Lots 9 and 10, DP 5043
House
L
10–16 James Road
Lots H, J, K, DP 19744
Brown’s boatshed
R
Karoola Street
Road Reserve
Footpath
L
1 Karoola Street
Lots 1 and 2, DP 2746, Sect. F
House
 
2 Karoola Street
Lot 1, DP 853918
House
L
3 Karoola Street
Lots 3, 4 and 5, DP 2476, Section F
House
L
5 Karoola Street
Lots 6 and 7, DP 2746, Section F
House
L
8 Karoola Street
Lots 28 and 29, DP 5043, Section C
House
L
12 Karoola Street
Lot A, DP 35735
House
L
23 Karoola Street
Lot 2, DP 32963
House
L
Kuring-gai Chase National Park
Lot 2, DP 545639
Old railway dams
R
Long Island
Lot 1, DP 734446
Railway tunnels
S
Long Island
Lot 1, DP 734446
1889 railway bridge piers, pylon and plaque
S
Long Island
Lot 1, DP 734446
1946 railway bridge, memorial and construction docks
R
Long Island
Crown Land
Nature Reserve—bushland
R
Disused Old Peats Ferry Road
Road Reserve
Road remains
S
Pacific Highway
Crown Land
Peats Ferry road bridge
R
Pacific Highway
Lots 238 and 250, DP 752026
Rest Park
L
1 William Street
Lot 1, DP 431327
Station Master cottage
L
8 William Street
Lot 1, DP 830845
Telephone exchange
L
Calabash Point
McCallums Avenue
Lot 1, DP 521150, and Lot 78, pt Lot 163 and Lots 168, 185, 194, DP 752048
Fire trail
L
McCallums Avenue fire trail
Lot 1, DP 521150
Fretus Hotel ruins
L
Carlingford
559A North Rocks Road
Lot 2, DP 526724
House
L
Castle Hill
284 Castle Hill Road
Lot 1, DP 175432
Mowll Village group including “Lober House”, “Tower House”, “Gate House” entry gates, dairy, stables and grounds
R
Castle Hill Road (west end)
Road Reserve
Street trees
L
36–56 David Road
Lot 2, DP 565458
Grounds—Mary Mercy Centre
L
121–123 David Road
Lot 9820, DP 785153, Lot 9821, DP 785153
Garden
L
173–177 David Road
Lot 2, DP 232014
“Glenowen” and garden
L
423–513 Old Northern Road
Lots 320 and 321, DP 859559 and pt Lot 1, DP 100179
Oakhill College, original building, gate house and grounds
L
Cheltenham
150 Beecroft Road
Lot 2, DP 373724
“Lauriston”
R
152 Beecroft Road
Lot 102, DP 600100
“Quambi”
R
157 Beecroft Road
Lot 2, DP 7123 Pt Lot 3, DP 7132
“Mosbrae”
L
158 Beecroft Road
Lot 4, DP 530116
House
L
170 Beecroft Road
Lot 2, DP 931461
House
L
174 Beecroft Road
Lot 1, DP 527556
House
L
179 Beecroft Road
Lots 83,84, DP 9085
Former Church and grounds
L
183 Beecroft Road
Lot 80, DP 9085
Garden
R
203 Beecroft Road
Lot 13, DP 844078
“Edensor”, garden, stable and wall
R
24 Boronia Avenue
Lot 1, DP 391071
House
L
32 Boronia Avenue
Lot 1, DP 556740
House
L
8 Cheltenham Road
Lot 138, 139, DP 12364
House
L
10 Cheltenham Road
Lots 136 and 137, DP 12364
House
L
22 Cheltenham Road
Lot 9, DP 18542
Garden
L
15 Chorley Avenue
Lot 128, DP 12364
House
L
130–146 Malton Road
Lots A and B, DP 393708
“Ahimsa” and grounds
L
Mason Avenue
Road Reserve
Street trees
L
6 Mason Avenue
Lot 3, DP 332084
House
L
12 Mason Avenue
Lot 1, DP 537455
“Boonga”
L
31 Murray Road
Lot B, DP 349965
“Maitai” trees and garden
L
19 Norma Crescent
Lot 1, DP 523362
House
L
The Boulevarde
Road Reserve
Street trees
L
1 The Boulevarde
Lot 1, DP 576233
Trees
L
5 The Boulevarde
Lot 1, DP 580847
House and garden
L
10–12 The Boulevarde
Lots 25 and 26, DP 5440
Gardens
L
11 The Boulevarde
Lot 2, DP 540033
House
L
14 The Boulevarde
Lot B, DP 302976
Garden
L
15 The Boulevarde
Lot 1, DP 807998
House
L
18 The Boulevarde
Lot 1, DP 526173
House and garden
L
24 The Boulevarde
Lot 18, DP 5440
House
L
26 The Boulevarde
Lot 17, DP 5440
House
L
The Crescent
Road Reserve
Street trees
L
44 The Crescent
Lot 1, DP 18542
Garden
L
46 The Crescent
Lot 2, DP 18542
Garden
L
48 The Crescent
Lot 3, DP 18542
Garden
L
50 The Crescent
Lots 35, 36, 37, DP 5440
House and garden
L
52 The Crescent
Lot 34, DP 5440
House
L
54 The Crescent
Lot 33, DP 5440
House
L
56 The Crescent
Lot 32, DP 5440
House
L
60–74 The Crescent
Lots 1–5, DP 5440, Lot C, DP 306966, Lot C, DP 328704, Lot 1, DP 335423, Lot G, DP 360935, Lot J, DP 373758, Lot A, DP 303812
Grounds—Cheltenham Recreation Club
L
94 The Crescent
Lot 5, DP 9207
“Ashby”
L
The Promenade
Road Reserve
Street trees
L
7 The Promenade
Lot 112, DP 9085
Garden
L
Cherrybrook
19 Boldrewood Place
Lot 22, DP 846115
“Boldrewood” and garden
L
150 Castle Hill Road
Lot 402, DP 259853
House
L
160–168 Castle Hill Road
Lot 1, DP 511824
“Inala School” (original house)
L
10 Kenburn Avenue
Lot 122, DP 635280
The Lakes of Cherrybrook “Kenburn Hall” and garden
L
134 New Line Road
Lot 108, DP 752053
Cherrybrook Uniting Church, Church hall and cemetery
R
144 New Line Road
Lot 1, DP 619447
“Gumnut Hall”—Cherrybrook Pre-School and Community Centre
L
163 New Line Road
Lot 8, DP 790357
Garden
L
175 New Line Road
Lot B2, DP 162333
House
L
208 New Line Road
Lot 1, DP 777562
House
L
Pyes Creek near Woodlark Place
Pt Lot 163, DP 775483
Bridge, approaches and quarry
L
16 Sanctuary Close
Lot 1021, DP 785501
“Hillcrest”
L
69–85X Shepherds Drive
Lot 1, DP 26375, Pt Lot 4204, DP 706256
Greenway Park
L
56X Shepherds Drive
Lot 4205, DP 706251, Lot 1, DP 738083
“The Lakes of Cherrybrook Reserve”
L
1X Westminster Drive
Lot 15, DP 771565
Public Reserve
L
Cowan
26 Alberta Avenue
Lot 41, DP 10403
House
L
Glendale Road
Lot 330, DP 752026
Glendale Farm
L
1177 Pacific Highway
Lot 15, DP 10403
House
L
Pacific Highway
Road Reserve
Street trees
L
Pacific Highway
Mining Lease 10
Original Quarry
L
Pacific Highway
 
Railway Station
L
Pacific Highway
Lots 262,1247, 359 DP 752026
House ruins near quarry
L
Dangar Island
Baroona Street
Road Reserve
Pedestrian street
L
Baroona Street
Lots 1 and 3, DP 597242
Recreation Reserve
L
8 Baroona Street
Lot 47, DP 10902
Tyneside house
L
Grantham Crescent
Road Reserve
Pedestrian street
R
Grantham Crescent
Road Reserve
Blackbutt trees
R
38 Grantham Crescent
Lot 65, DP 10902
House
L
43X Grantham Crescent
Lot 78, DP 10902
Bradleys Beach
L
Neotsfield Street
Road Reserve
Pedestrian street
R
Northern foreshore
Waterway
Waterfront, seawall, wharf, trees and 1889 Railway Bridge construction site
L
9 Neotsfield Avenue
Lot 1 DP 502013
Sandstone tower
R
Riverview Avenue
Road Reserve
Roadworks
L
91X Riverview Avenue
Lot 2, DP 537659
Kiparra Park bushland
R
9 Yallaroi Parade
Lot 2, DP 521484
Former billiard room
R
Dural
490–498 Galston Road
Lot 2, DP 504406 and Lot 1, DP 87092
Swanes Nursery
L
429 Galston Road
Lot 9, DP 573049
“Koombahla”
L
431 Galston Road
Lot 1, DP 194542
House
L
432 Galston Road
Lot 4, DP 554002
“Shamrock Vale”
L
452 Galston Road
Lot 1, DP 610404
Garden
L
454 Galston Road
Lot 2, DP 610404
Garden—Kelvin Park
L
11 Harris Road
Lot 1, DP 507580
“The Croft”
L
New Line Road
Road Reserve
Street trees
L
New Line Road
 
Original alignment of New Line Road (Elouera estate)
L
260–266 New Line Road
Lot 84, DP 752053
“Terranova”
L
671–673 Old Northern Road
Lot 1, DP 393694
House
L
857 Old Northern Road
Pt Lot C, DP 349226
House
L
873 Old Northern Road
Lot 2, DP 541989
House
L
885–887 Old Northern Road
Lot 1, DP 616947
Cemetery
L
925–937 Old Northern Road
Lots 1 and 2, DP 618271
House, former Uniting Church and chapel
L
965 Old Northern Road
Lot 1, DP 589402
St Judes Anglican Church and grounds
R
1169–1171 Old Northern Road
Lot 6, DP 239758
“Trees”
L
Epping
 
8 Abuklea Road
Lot 1, DP 19798
“Kooringa” and garden
R
16 Abuklea Road
Lot 33, DP 13411
Garden
L
21–23 Abuklea Road
Lot 14, DP 209831
House
L
32 Abuklea Road
Lot A, DP 411486
House
L
Albuera Road
Lot B, DP 402093
Bushland in Vimiera and Forrester Parks
L
Beecroft Road
Road Reserve
Bushland between Carlingford Road and Kandy Avenue
L
Beecroft Road near southern end of Old Beecroft Road
Road Reserve
Stone causeway over Devlins Creek
L
Blaxland Road
Lot 365, 366, DP 752028, Pt Lot 6 DP 4979
Forest Park
R
2–4 Brigadoon Court
Lots 8 and 9, DP 221577
“Araluen”
L
34 Carlingford Road
Lot C, DP 101970
House
L
72 Carlingford Road
Lot 1, DP 223691
House
L
82 Carlingford Road
Lot A, DP 346625
“Armagh”
L
88 Carlingford Road
Lot 2, DP 7370
House
L
96–104 Carlingford Road
Lot 1, DP 161495, Lot 1, DP 795245, Lot 1, DP 122509
Epping West Public School—original building dated 1927 (excluding other buildings and grounds)
L
Chester Street
Road Reserve
Street trees—east of Norfolk Street
L
4A Chester Street
Lots 1–5, DP 18447
Chester Street Uniting Church and grounds
L
21 Chester Street
Lot 31, DP 850660
House and garden
L
23 Chester Street
Lot 21, DP 262348
House and garden
L
27A Chester Street
Lot 2, DP 541220
Garden
L
45 Chester Street
Lot 1, DP 536152
“Snaresbrook”
L
57 Chester Street
Lot 1, DP 943999
House
L
70 Chester Street
Lot 2, DP 519149
House
L
Dorset Street
Road Reserve
Street trees
L
5 Dorset Street
Lot G, DP 443977
House
L
15 Dorset Street
Lot 10, DP 758390, Section 10
House
L
Epping Road
Road Reserve
Roadside trees—between Terry’s Creek and Pembroke Road
L
5X Essex Street
Lot 3, DP 847018
Garden trees
L
47 Essex Street
Lot 100, DP 860370
“Asheldom”
L
76 Essex Street
Lot A, DP 371633
House
L
84 Essex Street
Lot 44, DP 6719
House
L
121X Essex Street
Pt Lot 255, DP 752028
Terrys Creek crossing in Vimiera Park
S
78 Kent Street
Lot 1, DP 350308
Slab hut
R
67 Midson Road
Lot 1, DP 362225
House
L
132 Midson Road
Lot 3, DP 747324
Garden
L
2–16 Norfolk Road
Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, DP 758390
Epping Public School—original building dated 1901 (excluding other buildings and grounds)
L
9 Norfolk Road
Lot X, DP 410045
House and garden
L
33 Norfolk Road
Lot 3, Section B, DP 19844
House
L
40 Norfolk Road
Lot 1, DP 942564
“Gwydir”
L
44 Norfolk Road
Lot 3, DP 554665
“Glenorie”
L
61 Norfolk Road
Lot 31, DP 854881
House
L
64–66 Norfolk Street
Lot 3, DP 828636
Garden—The Poplars
L
66X Norfolk Street
Lots 437–440, DP 752028
Epping Park
L
70 Norfolk Road
Lot 1, DP 540890
House
L
10–16 Oxford Street
Lot D, DP 385600
House
L
11–13 Oxford Street
Lot A, DP 375631
“School of Arts” and garden
L
33 Oxford Street
Lot 23, DP 758390
Our Lady Help of Christians Church
L
48 Oxford Street
Lot 1, DP 206646
House
L
73A Oxford Street
Lot 2, DP 840716
House
L
87 Oxford Street
Lot 2, DP 203268
“Folkestone”
L
93 Oxford Street
Lot 11, DP 758390
House and garden
L
3 Pembroke Street
Lot 2, DP 398835
St Albans Anglican Church and grounds
L
58 Pembroke Street
Lot 1, DP 418743
“Stanley House”
R
108 Pennant Parade
Lot 3, DP 27715
House
L
Plympton Road
Road Reserve
Street trees
L
Plympton Road
Pt Lot 2, DP 500461, Lot 12, DP 237797
Ray Park
L
23–27 Ray Road
Lot 2, DP 555678
“Emmaus Bible College”
L
80 Ray Road
Lot 2, DP 510642
House
L
140 Ray Road
Lot 20, DP 619827
House
L
166 Ray Road
Lot 2, DP 218333
House
L
184 Ray Road
Lot 4, DP 218235
House
L
9 Rosebank Avenue
Lot B, DP 334278
House
L
10 Rosebank Avenue
Lot 14, DP 16580
House
L
35–37 Stanley Road
Lots 3 and 4, DP 203273
“Tallwood Lodge”
L
Stanley Road
Lots A–C, DP 417846, Lots 100 and 103, DP 810775
Dence Park
L
40 Surrey Street
Lot 1, DP 970607
House
L
9 Sussex Street
Lot 2, DP 513929
House
L
11 Sussex Street
Lot 3, DP 100909
House
L
15 Sussex Street
Lot A, DP 412678
House
L
Sutherland Road
Road Reserve
Street trees—south end
L
York Street
Road Reserve
Street trees
L
20 York Street
Lot 251, DP 861299
House
L
Galston
  
37 Arcadia Road
Lot 1, DP 632865
Galston Community Centre
L
38–50X Arcadia Road
Lot 1, DP 558731 and Lot 14, DP 975148
Fagan Park group, including Netherby, farm buildings, packing shed, brick kiln site, clay pit and bushland
R
39–45 Arcadia Road
Lot 10, DP 717345
Galston Public School—original building, former teacher’s residence and grounds (excluding other buildings)
L
69 Arcadia Road
Lot 14, DP 577251
“Geelans House”
L
70 Arcadia Road
Lot 3, DP 574791
House
L
71–73 Arcadia Road
Lots 2 and 3, DP 227732
Stone wall
L
79 Arcadia Road
Lot 1, DP 565107
“Dumbrell House”
L
138 Arcadia Road
Lot 1, DP 598637
Grounds—St Columbus Church
L
Bayfield Road
 
Windbreak
L
Crosslands Road
Road Reserve
Roadworks
L
2 Crosslands Road
Lot A, DP 155205
House (includes original slab cottage within)
L
29 Crosslands Road
Lot 1, DP 581060
Windbreak
L
54 Crosslands Road
Lot 18, DP 1056
Fruit trees
L
Galston Road
Road Reserve
Galston Gorge sandstone buttressing
L
Galston Road
Road Reserve
Galston Gorge culvert
L
Galston Road
Road Reserve
Galston Gorge water troughs
L
Galston Road
Road Reserve
Galston Gorge timber bridge
L
295 Galston Road
Lot 64, DP 774512
House
L
357 Galston Road
Pt Lot B, DP 338659
Galston Branch Library—former Church.
L
403 Galston Road
Lot 1, DP 591136
Galston High School—“Waddell Cottage” and water trough (excluding grounds)
R
412X Galston Road
Lot 151, DP 810018, Lots 197 and 216, DP 752048
Galston Park and memorial
L
Galston Road
Road Reserve
Windbreak
L
24 Johnson Road
Lot 201, DP 594075
“Linden”
L
61 Knights Road
Lot 3, DP 517203
House
L
4 Mid-Dural Road
Lot 1, DP 789383
House
L
10 Mid-Dural Road
Lot 4, DP 789383
House
L
3–5 Sallaway Road
Lot A DP 441669
Stone house
L
Sallaway Road
Road Reserve
Culvert
L
Sallaway Road
 
Banksia cottage quarry
L
Glenhaven
599–601 Old Northern Road
Pt Lot E, DP 412836
Roadside trees
L
Old Northern Road
Road Reserve
Roadside trees
L
Glenorie
1319–1321 Old Northern Road
Lot 4, DP 831026
Original weatherboard house
L
1355 Old Northern Road
Lot 1, DP 615183
House and stone sheds
L
1409 Old Northern Road
Lot 5, DP 752014
Glenorie Memorial Hall (Mission Hall)
L
1475 Old Northern Road
Lot 1, DP 212137
House
L
1477 Old Northern Road
Pt Lot A, DP 344063
Former Church
L
1509–1517 Old Northern Road
Lot 2, DP 542209
“Hazlehurst”
L
1523 Old Northern Road
Lot 2, DP 570784
“The Manor”
L
1729 Old Northern Road
Lot 94, DP 752014
War memorial precinct
L
1847 Old Northern Road
Lots 64 and 65, DP 752014
House
L
Hornsby
17 Ashley Street
Lot 2, DP 222907
“Ingleara”
L
3 Bridge Road
Lot 1, DP 17334
House
L
21 Bridge Road
Lot 1, DP 981706
House
L
33 Bridge Road
Lot U, DP 970619 and Lot A, DP 372973
House
L
47 Burdett Street
Lot 31, DP 840973
“The Glen”
L
49 Burdett Street
Lot C, DP 103069
Edgeworth David House (“Coringah”) and grounds
S
62 Burdett Street
Lot 100, DP 847306
“House O’Hill Cottage”
L
College Crescent
Lot 1, DP 7463
Barker College Junior school
L
College Crescent (west side)
Road Reserve
Street trees
R
2 Dilkera Close
Lot 4, DP 231944
Sandstone fence
L
4 Dilkera Close
Lot 5, DP 231944
House
L
Dural Street
Road Reserve
Street trees
L
6 Dural Street
Lot 9, Section 1, DP 1880
“Norwood”
L
19 Dural Street
Lot 24 and pt. Lot 25, DP 936819
Christian Science Church
L
23 Dural Street
Lot A, DP 339640
“Wyuni” and gardens
L
32 Dural Street
Lot 2, DP 414827
Garden, fence and paths
L
33 Dural Street
Lot U, DP 971152
House
L
39 Dural Street
Lot U, DP 971374
House
L
41 Dural Street
Lot E, DP 413998, Lot A, DP 306626, Lot 1, DP 125654
Garden
L
Edgeworth David Avenue
Road Reserve
Street trees
L
12 Edgeworth David Avenue
Lots 1–12, DP 2669 and Lots 16–30 Section 2, DP 2669 and Lots 1–15 Section 3 DP 2669
Hornsby Girls’ High School—buildings (excluding other school structures and grounds)
R
25–27 Edgeworth David Avenue
Lot G, DP 364260
“Wallarobba” and Willow Park
L
33 Frederick Street
Lot 2, DP 881170
“Wirruna” and gardens
L
1 Galston Road
Lot 2, DP 610671
House
L
9 Galston Road
Lot 5, DP 2053
House
L
10 Galston Road
Lot 1, DP 574472
House
L
34 Galston Road
Lot 11, DP 853365
Garden trees
L
2 High Street
Lot 1, DP 585721
Hornsby War Memorial Hall
R
Hunter Street
Road Reserve
Street trees
L
Jersey Street (east side)
Road Reserve
Street trees
L
1–3 Jersey Street
Lot 4, DP 2947, Section 12.
House
L
Jersey Street
Lot 3, DP 613919
SRA electricity plant and signal box
S
4 Lisgar Road
Lot 2, DP 556814
Garden
L
6 Lisgar Road
Lot A, DP 35299
Garden
L
8 Lisgar Road
Lot 4, DP 505370
Garden
L
10 Lisgar Road
Lot 5, DP 508064
House and garden
L
23, 35X Lisgar Road
Lot 2, DP 421280 and Lot 54, DP 4242
Lisgar Gardens
R
31 Lodge Street
Lot 2, DP 419084
“The Lodge”
L
Manor Road
Road Reserve
Street trees
L
2A Manor Road
Lot 2, DP 792198
“Mount Wilga” and grounds
R
5 Manor Road
Lot 13, DP 15427
Suspension bridge
L
8 Maranta Street
Lot 2, DP 219033
“Wyreema”
L
45 Myra Street
Lot, DP 305358
Garden
L
27 Old Berowra Road
Lot 4, DP 2053
House
L
29 Old Berowra Road
Lot 5, DP 2053
House
L
91 Pacific Highway
Lot 1, DP 915710, Lots 1–5, DP 3145, Lots 5–6, DP 3152
Barker College group of buildings, grounds and gate
S
155 Pacific Highway
Lots 7 and 8, DP 1880
“Hornsby Cinema”
L
155X Pacific Highway
Road Reserve
War Memorial and Palms
L
165–167 Pacific Highway
Lot C, DP 317651
Shop
L
169 Pacific Highway
Lot B, DP 317651
Shop
L
171 Pacific Highway
Pt Lot A, DP 317651
Shop
L
173 Pacific Highway
Lot A, DP 29328
“The Junction Stores”
L
175 Pacific Highway
Lot B, DP 29328
Shop
L
183–183A Pacific Highway
Lot D, DP 418320
Shop
L
185 Pacific Highway
Lot 1, DP 1880
Bank
L
187 Pacific Highway
Lot C, DP 367580
Shop
L
193 Pacific Highway
Lot B, DP 384707
Bank
L
207–207A Pacific Highway
Lot 2, DP 600146, Lot 296, DP 752053
St. Peters Anglican Church and Hall
L
237 Pacific Highway
Pt Lot X, DP 415267
House
L
238 Pacific Highway
Lot 48, DP 41000
Cottage
L
241 Pacific Highway
Pt Lot 6, DP 27439
“Belmont”
L
249 Pacific Highway
Lot A, DP 384457
House
L
269 Pacific Highway
Lot X, DP 372202
“Bingley Hall”
L
292 Pacific Highway
Lot 299, DP 752053
Hornsby Court House
L
296 Pacific Highway
Lot 300, DP 752053, Lot 1, DP 564600 and Lot 1, DP 564599
Hornsby Shire Council Chambers
L
298–300 Pacific Highway
Pt Lot 1, DP 855847
TAFE College—Buildings “K” and “M” and grounds (excluding other buildings)
L
Pacific Highway
Road Reserve
Road median, lights and palms
L
203X Pacific Highway
Lot 1, DP 40000
Hornsby Park and Lone Pine
R
344 Pacific Highway
Lot 5, DP 6447
House
L
352 Pacific Highway
Lot 101, DP 629769
House and garden
L
368 Pacific Highway
Lot 73, DP 545124
“Carnralla”
L
384 Pacific Highway
Lot A, DP 397663
“Hovenden”
L
394 Pacific Highway
Lot B, DP 396653
House
L
406 Pacific Highway
Lot 1, DP 311860
House
L
38–76 Palmerston Road
Lots 1–25, D.P10653, Lots A and B, DP 329121, Lots 1–3, DP 580023
Hornsby Hospital—“Collingridge House” (excluding grounds)
L
Pretoria Parade
Road Reserve
Street trees
L
38 Pretoria Parade
Lot 32, DP 5867
House
L
61–63 Pretoria Parade
Lot 12, DP 816043
Gardens
L
64 Pretoria Parade
Lot F, DP 102630
House
L
Pretoria Parade
Lot 1, DP 22501
Asquith Park
L
Pretoria Parade
Lot 1, DP 6629
Reddy Park
R
26 Pulbrook Parade
Lot A, DP 399538
Hornsby Kuring-gai Hospital and Community Health Service
L
Quarry Road
Lot 1, DP 926103, Lots A and D, DP 318676
Diatreme Hornsby Quarry and surrounding vegetation
S
Quarry Road
Lots A and D, DP 318676
Higgins Family cemetery
L
34 Rosamond Street
Lot 3, DP 9070
House
L
45 Rosamond Street
Lot 21, DP 2053
House
L
48 Rosamond Street
Lot 3, DP 29726
House
L
Rosamond Street
Lot 932, DP 75253, Lot 232, DP 752048
Hornsby Rifle Range
R
Rosemead Road
Road Reserve
Street trees
L
1 Rosemead Road
Lot A, DP 327582
“Mt. Errington” and gardens
R
2 Rosemead Road
Lot 51A, DP 412118
House
L
12 Rosemead Road
Lot 1, DP 620465
Garden tree
L
18 Rosemead Road
Lot 22, DP 7679
House
L
Sherbrook Road
Lot 1, DP 23533
Neal Park and bushland
L
Station Street
Lots 1 and 2, DP 613919
Railway Station
R
4–10 Station Street
Lot 3, DP 813919
Railway Cloak Room buildings.
L
William Street
Road Reserve
Street trees
L
24 William Street
Lots 42 and 43, DP 1880
House
L
32 William Street
Lot 36, DP 1880
House
L
44 William Street
Lot A, DP 306626
“Brinawa”
L
52 William Street
Lot 5, DP 17856
House
L
Hornsby Heights
100X Galston Road
Lots 405–420, 364, 682, 882, DP 752053
Rofe Park
L
Galston Road
Road Reserve
Street trees—Ryan Avenue to Montview Street
L
11X Marine Crescent
Lot 1022, DP 752053
Hopeville Park
L
7 Rofe Crescent
Lot A, DP 368246
“Binbrook”
L
107–127 Somerville Road
Road Reserve
Street trees
L
137–213 Somerville Road
Lot 1, DP 209193
Indigenous vegetation
L
264–266X Somerville Road
Lot 8, DP 248320
Public Reserve
L
Somerville Road
Lot 311, DP 752053, Lot 481, DP 752053
Crosslands Reserve
R
Middle Dural
Middle Dural Road
Pt Lot 90, DP 752048
Bushland reserve
L
1229 Old Northern Road
Lot A, DP 154144
“Mountain View”
L
1231 Old Northern Road
Lot 31, DP 864916
“Spring Hill” and garden
L
Old Northern Road
 
Windbreak south of Coppabella Road
L
Mount Colah
31X Amaroo Avenue
Lot 887, DP 752053
Peat Park
L
Belmont Parade
Road Reserve
Street trees from Berowra Road to Cowan Road
L
1X Beryl Avenue
Lot 1, DP 40000
Hunt Reserve
L
29 Ku-ring-gai Chase Road
Lot 14, DP 14558
“The Lodge”
L
37X Kuring-gai Chase Road
Lot 1, DP 588465, Lots 16–23, DP 2052, Section D
Berry Park
L
2–46 Lord Street
Lot 2, DP 586331
Asquith Golf Course
L
534 Pacific Highway
Lot B, DP 350949
House
L
547 Pacific Highway
Lot 5, DP 22580
Garden
L
549–551 Pacific Highway
Lot A, DP 371437
House (excluding northern extension)
L
19–21 Telopea Street
Lots 1 and 2, DP 380552, Lot B, DP 369944, Lot A, DP 391270, Lot 1, DP 205103.
Grounds (excluding buildings)—Mt. Colah Public School
L
Mount Kuring-gai
18 Crawford Road
Lot A, DP 407497
House
 
3 Glenview Road
Lot A, DP 393171
House
L
5–9 King Street and Lee Street
Lot 1, DP 410642, Lots A and B, DP 322811, Lot 13, DP 1226, Lot 1, DP 387185, Lot 1, DP 438966, Lots A and B, DP 373625, Lot 10, DP 774997, Lots 11 and 12, DP 774997
Grounds—Mt. Kuring-gai Public School
L
Newcastle Freeway
Road Reserve
Pedestrian Bridge
L
790 Pacific Highway
 
Mt. Kuring-gai Railway Station
L
Normanhurst
Beresford Road
Road Reserve
Roadside trees
L
2, 3, 5, 6 and 7 Bluegum Street
Lots 6–8, 10, 11, DP 28826
Gardens
L
Calga Avenue
Road Reserve
Street trees
L
Campbell Avenue
Road Reserve
Street trees
L
7, 9, 11, 15 and 17 Capella Street
Lots 7–11, DP 227308
Rear gardens
L
41 Dartford road
Lot 2, DP 512933
Garden—the Laurels
L
92 Dartford Road
Lot 67, DP 14631
Garden
L
Denman Parade
Road Reserve
Street trees
L
Denman Parade
Lot 1, DP 9413, Lot F, DP 350516
Davidson Park
L
Edwards Road
Road Reserve
Street trees
L
Ferndale Road
Road Reserve
Street trees
L
Fraser Road (east side)
Road Reserve
Street trees
L
3 Fraser Road
Lot 11, DP 9413
House
L
Harris Road (east side)
Road Reserve
Street trees
L
Malsbury Road
Road Reserve
Street trees
L
40 Malsbury Road
Lot 1, DP 219370
House
L
62 Malsbury Road
Lot 1, DP 211880
House
L
Milson Parade (east side)
Road Reserve
Street trees
L
4 Mount Pleasant Avenue
Lot D, DP 366271
House
L
Nanowie Avenue
Road Reserve
Street trees
L
32 Pennant Hills Road
Lot 1, DP 734965
House
L
36 Pennant Hills Road
Lot 1, DP 518285
Garden
L
45 Pennant Hills Road
Lot 16, DP 735131
House
L
82 Pennant Hills Road
Lot 1, DP 262809
“Gilligaloola” and garden
L
91–93 Pennant Hills Road
Lot 1, DP 734955, Lots 15 and 16, DP 6612
Loretto Convent group, grounds, gates and cemetery
R
134–140 Pennant Hills Road
Lot 1, DP 391288
Kenley Park and Hornsby Shire Historical Society drill hall
L
Russell Avenue
Road Reserve
Street trees
L
Pennant Hills
7 Albion Street
Lot 2, DP 404428
House
L
8 Albion Street
Lot 1, DP 861075
House
L
12 Albion Street
Lot F, DP 32940
“Windermere”
L
Beecroft Road
Pt Lot 764, DP 712028, Lot 7, DP 828179
Observatory site and park—Observatory Park
R
68 Bellamy Street
Lot A, DP 421252
House
L
Boundary Road
Road Reserve
Street trees
(west of Kitchener Road)
L
22–26 Boundary Road
Lots 44, 45, DP 4134 and Lot 47, DP 301835
Grounds (excluding buildings)—St. Agathas Primary School
L
84–86 Boundary Road
Lot 10, DP 220263
House and garden
L
90 Boundary Road
Lot 2, DP 559902, Lot 5, DP 508385, Lot 1, DP 210730 and Lot 7, DP 220263
Grounds (excluding buildings)—Pennant Hills High School
L
1X Bridden Road
Lots 12–14, DP 216312
Public Reserve
L
Brittania Street
Road Reserve
Street trees
L
8 Brittania Street
Lot 34A, DP 404573
“Gordan”
L
12 Brittania Street
Lot 1, DP 207118
House
R
18 Brittania Street
Lot 1, DP 233176
House
L
Cardinal Street
Road Reserve
Street trees
L
Dean Street
Road Reserve
Street trees
L
7 Fullbourne Avenue
Lot 14, DP 10203
House
L
6 Greycliffe Avenue
Lot 192, DP 865189
House
L
17 Greycliffe Avenue
Lot 87, DP 11134
House
L
28 Greycliffe Avenue
Lot 1, DP 829424
House
L
6 George Street
Lot 50, DP 13079
House
L
43 George Street
Lot 23, DP 4169
House
L
11 Hampden Road
Lot A, DP 357865
House
L
4 Harold Avenue
Lot 8, DP 13079
House
L
18 Hillcrest Road
Lot 24, DP 6740
House
L
John Savage Road
Lot 16, DP 212664
Reserve
L
Lawrence Street
Road Reserve
Street trees
L
1 Lawrence Street
Lots 1 and 2, DP 527529
Lillian Frazer Gardens
L
Lilla Road
Road Reserve
Street trees
L
16 Lilla Road
Lot 1, DP 512282
“The Glen”
L
27 Loftus Road
Lot 4, DP 204012
House
L
41 Loftus Road
Lot 9, DP 208266
House and grounds, including convict brick paths, stone love seat, palm tree, remnant circular drive and beehive well
L
19 Orchard Street
Lots 514 and 575, DP 752053
Gate and grounds—Baden Powell Scout Centre
R
317–321 Pennant Hills Road
Lot 5, DP 808178
House
R
323 Pennant Hills Road
Lot 26, DP 263536
St Luke’s Church Hall
L
327 Pennant Hills Road
Lot 24, DP 263536
House and fence
L
333A Pennant Hills Road
Lot 18, DP 263536
“Pomona” and garden
R
333B and 333C Pennant Hills Road
Lot 19, DP 263536
Former garden of 333A Pennant Hills Road
L
370 Pennant Hills Road
Pt Lot 23, DP 11134
“Westpac”
L
402 Pennant Hills Road
Lot 5, DP 16057 and Lot 4, DP 622198
“Cheddington” and stables (formerly “Niara”)
L
418 Pennant Hills Road
Lot 102, DP 263746
“Camira”
L
449 Pennant Hills Road
Lot 1, DP 34978
“Eudora” and garden
L
449C Pennant Hills Road
Lots 1, 2, 3, 4 and 5, DP 828179
“Mount St Benedict’s” Convent and grounds
R
470 Pennant Hills Road
Lot 123, DP 752053
“Limona”
L
12 Pomona Street
Lot 1, DP 531756
House
L
15 Pomona Street
Pt Lot 75, DP 4770
House
L
17 Pomona Street
Lot 1, DP 121087
House
L
22 Pomona Street
Lot 2, DP 507663
House
L
23 Pomona Street
Lot A, DP 371561
House
L
5 Railway Street
Lot 1, DP 222073
“Doonba”
L
34 Ramsay Road
Lot 78, DP 11134
Fence
L
35 Ramsay Road
Lot 1, DP 317985
Fence
L
37 Ramsay Road
Lot A, DP 364826
House and fence
L
49 Ramsay Road
Lot 44, DP 11135
House
L
22 Rosemount Avenue
Lot 1, DP 208583
House
L
25–27 Stevens Street
Lot A, DP 401750
House
L
26 Stevens Street
Lot B, DP 414512
House
L
3 The Crescent
Lot 1, DP 882838
House and garden
L
4 The Crescent
Lot 8A, DP 4592 and Lot B, DP 369863
House
L
6 The Crescent
Lot A, DP 358523
House
L
9 The Crescent
Lot 4, DP 942925 and Lot 1, DP 80733
House and garden
L
10 The Crescent
Lot 1, DP 212400
House
L
11–15 The Crescent
Lot 4A, DP 4592, pt Lot 4, DP 4592 and Lot A, DP 13079
“Abbotsleigh” and garden
R
14 The Crescent
Lot 1, DP 26729
House
L
17 The Crescent
Lot 5, DP 4592
“Barncleuth” and grounds
L
23 The Crescent
Lot Y, DP 388521
“Glen Ayr”
L
6 Thorn Street
Lot B, DP 376026
House
L
Trebor Road
Road Reserve
Street trees
L
46 Victoria Road
Lot 1, DP 41516
Trees
L
20 Warne Street
Lot 16, DP 5158
House
L
24 Warne Street
Lot 2, DP 501154
House
L
Weemala Avenue
Road Reserve
Street trees
L
9 Weemala Road
Lot 60, DP 11134
House
L
4 Westwood Street
Lot 11, DP 7505
“Sillaton”
L
6 Westwood Street
Lot 12, DP 7505
House
L
22 Westwood Street
Lot 2, DP 229929
House
L
Wilga Place
Pt Lot 6, DP 181710 Pt Lot 7, DP 181710
Campbell Park
L
Wongala Crescent
Reserve
Bushland
L
4 Yarrara Road
Lot 3, DP 2097
House
L
6 Yarrara Road
Lot 4, DP 2097
House
L
18 Yarrara Road
Lot 1, DP 10203
“The Maze”
L
River Settlements
Bar Island
Lots 22A, 23A and 24, DP 752040
Cemetery, church ruins and memorial
R
Bennets Bay
Waterway
Jetty
L
Berowra Creek and Murramurra Creek junction
Waterway
Ballast heap
L
Collingridge Point
Lot 17, DP 26377
“Capo di Monte”
L
Gentleman’s Halt
 
Gentleman’s Halt Inn ruins
L
Milson Island
Lot 13, DP 752026
Prison building
L
Sunny Corner
 
“Taracoonee”
L
Peats Bight
Lot 8, DP 752026
Remains of George Peat’s farmhouse
L
Peats Bight
 
Old road
R
Thornleigh
37 Bellevue Street
Lot 10, DP 2033
House
L
4 Clifford Avenue
Lot 23A, DP 7921
House
L
24 Dartford Road
Lot 1, DP 101091
House
L
36 Dartford Road
Lot 1, DP 506283
House
L
41 Dartford Road
Lot 2, DP 512933
“The Laurels”
L
92 Dartford Road
Lot 67, DP 14631
House
L
4 Dawson Avenue
Lot 19, DP 7921
“Hilton”
L
De Saxe Close (near end)
Lots 547 and 1569 DP 752053
Quarry and zigzag railway
L
15–17 Duffy Avenue
Lot 1, DP 200291
“Woodlands”
L
24 Duffy Avenue
Lot 2, DP 28299
House
L
28 Duffy Avenue
Pt Lot 4, DP 484
House
L
42–50 Duffy Avenue
Pt Lot 1, DP 965182
“Windyhaugh” and grounds
L
Giblett Avenue
Road Reserve
Street trees
L
15X Giblett Avenue
Lot 465, DP 752053
Oakleigh Park
L
18 Giblett Avenue
Lot 1, DP 122888, Lot 1, DP 122887
Grounds (excluding buildings)—Thornleigh West Public School
L
40–56 Hillmont Road
Lot 34, DP 28362
Garden
L
1A, 1B, 1C, 1D Kentwell Avenue
Lots 100 and 101, DP 843558, and Lots 102 and 103, DP 853809
Trees
L
Loch-Maree Avenue
Road Reserve
Roadside trees
L
1 Orchard Street
Lot X, DP 415964
House
L
5 Orchard Street
Lot 22, DP 7921, Section B
“Wallumeda”
L
Pennant Hills Road
Lot 1, DP 633292
Brickworks wall and bushland
L
Pennant Hills Park
Lot 579, DP 752053
Lorna Pass
L
237 Pennant Hills Road
Lot 1, DP 245272
“Loch Maree House” and garden
L
253 Pennant Hills Road
Lot 43, DP 263535
Garden tree
L
309 Pennant Hills Road
Lot 18, DP 263535
Thornleigh Uniting Church and hall
L
311 Pennant Hills Road
Lot 17, DP 263535
House
L
3 Pritchard Street
Lot 5, DP 2097
House
L
1 Pioneer Avenue
Lot 1, DP 542202
Remains of Maltworks
R
9 Station Street
Lots 22 and 23, DP 1854
House
L
The Comenarra Parkway
Road Reserve
1830’s road remains
L
14 The Comenarra Parkway
Lot 14, DP 2033, Section 13
House
L
17 The Esplanade
Lot 1, DP 10930
House
L
80 The Esplanade
Lot 1, DP 14274
House
L
17, 19, 21 and 23 Trelawney Street
Lot K, DP 389092, Lots A and B, DP 373698, Lot E, DP 379102
Gardens
L
11 Wells Street
Lot 12, DP 2097
House
L
33 Yaralla Crescent
Lot 40, DP 31286
House
L
Wahroonga
1A Brentford Road
Lot 26, DP 703961
House
L
Bundarra Avenue
Road Reserve
Street trees
L
43 Bundarra Avenue
Lot 11, DP 7975
Garden
L
44 Bundarra Avenue
Lot 2, DP 611318
Garden and fence
L
45 Bundarra Avenue
Pt Lot 9, DP 3021
Garden
L
46 Bundarra Avenue
Lot 1, DP 611318
Tree and fence
L
48 Bundarra Avenue
Lot 1, DP 538770
Garden—“Landskrona”
L
50 Bundarra Avenue
Lot 16, DP 17375
House
R
51 Bundarra Avenue
Lot 117, DP 555779
Garden
L
54 Bundarra Avenue
Lot 15, DP 17375
Garden
L
55 Bundarra Avenue
Lot 15, DP 22621, Lot 15, DP 22621
Garden
L
27 Churchill Avenue
Lot 2, DP 7038
House
L
79 Edgeworth David Avenue
Lots A and D, DP 977963
Uniting Church
L
Fern Avenue
Road Reserve
Street trees
L
9 Highlands Avenue
Lot 5, DP 258247
“Highlands House” and garden
R
34 Highlands Avenue
Lot 38, DP 8606
House
L
31 Ingalara Avenue
Lot B, DP 333577
House
L
Ingram Avenue
Road Reserve
Street trees
L
2–4 Ingram Road
Lots A and B, DP 323414
St. Pauls Church (Pearces Corner) and grounds
L
14 Ingram Road
Lot 6, DP 2753
House
L
16 Ingram Road
Lot 5, DP 2753
House
L
52 Ingram Road
Lot 5, DP 2753
House
L
62 Ingram Road
Lot A, DP 311754
House
L
12 John Hughes Place
Lot 10, DP 2870
“Roselands”
L
Myra Street
Road Reserve
Street trees
L
7–9 Myra Street
Lots A and B, DP 405476
“Tenterfield” and garden
R
55 Myra Street
Lots 1 and 2, DP 379794
“Brierdence”
L
1 Pacific Highway
Pt Lot A, DP 9921
Garden
L
8A Pacific Highway
Lot 2, DP 854532
House
L
22 Pacific Highway
Lot B, DP 363455
House
L
23 Pacific Highway
Lot 1, DP 800575
House
L
25 Pacific Highway
Pt Lot B, DP 306729
House
L
31 Pacific Highway
Pt Lot 1, DP 315877
“Strathnoon”
L
Pacific Highway
Lot 1, DP 258852
Garden and trees—Mercy Family Life Centre.
L
Woonona Avenue
Road Reserve
Street trees
L
42 Woonona Avenue
Lot 11, DP 706260
“Cherrygarth” and garden
L
46 Woonona Avenue
Lot 1, DP 563185
“Neringala” and garden
L
Waitara
Alexander Parade
Road Reserve
Street trees
L
11–37 Alexandria Parade
Lot 100, DP 848501
Shop
L
28–36 Balmoral Street
Lots B and C, DP 364173, Lot C, DP 388844 and Lot 2, DP 542749
Gardens
L
52 Balmoral Street
Lot A, DP 311111
Garden trees
L
56 Balmoral Street
Lot 6, DP 14623
House
L
75 Balmoral Street
Lot 2, DP 513859
House
L
1X Carden Street
Lot 1, DP 212506
Trees in playground
L
1A Clarke Road
Lot 4, DP 26794
House
L
27–31 Clarke Road
Lot 1, DP 857049
House and garden
L
Edgeworth David Avenue
Lots 9–13, DP 17375
Grounds (excluding buildings)—Waitara Public School
L
59 Edgeworth David Avenue
Lot 2, DP 524141
House
L
19 Orara Street
Lot 111, DP 652566
House
L
33 Palmerston Road
Lot A, DP 362357
House
L
The Avenue
Lot 1, DP 915710, Lots 1–5, DP 3145, Lots 5–6, DP 3152
Barker College, Centenary Design Centre, McCaskill Music Centre, Development Office
R
20X Waitara Avenue
Lot 1, DP 115007
Waitara Park
L
West Pennant Hills
106 Cardinal Avenue
Lot 2, DP 528360
House
L
Castle Hill Road
Lots 2–3, DP 357453, Pt Lot A, DP 327632
Koala Park
R
5 Fairburn Avenue
Lot 29, DP 27987
House
L
37 New Line Road
Lot 31, DP 857912
House
L
540 Pennant Hills Road
Lot 11, DP 818114
Sydney Blue Gum
L
587 Pennant Hills Road
Lot B, DP 405469
House
R
75 Victoria Road
Lot A, DP 385479
House
L
Wiseman’s Ferry
Old Northern Road
Road Reserve
Road, stone wall, bridge, escarpment and drain
S
River Road
Lot 1, DP 733879
Wiseman’s Ferry Inn, grounds
R
River Road
Waterway
Cable ferry
L
80 Singleton Road
Lot 20, DP 856306
Sandstone well/soak
L
Singleton Road
Lot 2, DP 506876
“White Rock” House
L
Singleton Road
Lot 40, DP 752029
Fords Farm
L
Singleton Road
Lot 26, DP 59266
Mill Creek Mill ruins
L
Singleton Road
Ms.1526 Sy. G.G. 22/8/1900
Wiseman’s Ferry Cemetery
S
Singleton Road
Lots 15 and 44, DP 752029, Lot 17, DP 752029
Singleton’s Mill
S
Singleton Road
Lot 8, DP 752029
House ruins
L
Singleton Road
Lot 50, DP 752029
Chimney
L
Singleton Road
Lot 301, DP 629539
The Lodge
L
Regional Reserves
Berowra Valley Regional Park
 
Bushland, including the former Elouera Bushland Reserve and Berowra Valley Bushland Park
S
Ku-ring-gai Chase National Park
 
Bushland including Railway Dams, Brooklyn and Bobbin Inn
S
Marramurra National Park
 
Bushland
S
Muogamarra Nature Reserve
 
Bushland
S
New Line Road
Road
Great North Road between West Pennant Hills and Dural
S
Old Northern Road
Road
Great North Road between Baulkham Hills and Wiseman’s Ferry
S
Pennant Hills Park
 
Bushland
R
sch D: Am 24.9.1999; 22.6.2001; 7.2.2003; 2004 No 91, Sch 2.39 [2] [3].
Schedule E
(Clause 18 (1))
sch E: Am 22.6.2001.