Rockdale Local Environmental Plan 2000

Part 1 Preliminary

pt 1, Appendix 1: Rep 13.8.2004.

pt 1, Appendix 3: Am 18.5.2001.

pt 1, Appendix 4: Am 2.2.2001.

1 Name of plan

This plan is Rockdale Local Environmental Plan 2000.

2 Aim of plan

The aim of this plan is to establish the framework for future development within the City of Rockdale.

3 Objectives of this plan

The general objectives of this plan are to:

(a)  provide simplified environmental planning for the City of Rockdale, and

(b)  rationalise land use zones and development standards, and

(c)  provide direction and guidance to the community concerning desired growth and change in the City of Rockdale (the area) and the manner in which growth and change are proposed to be managed, and

(d)  promote, conserve and enhance the environmental heritage of the area, and

(e)  maintain and improve residential amenity and encourage a diversity of housing to meet the needs of the residents of the area, and

(f)  facilitate development that is consistent with the principles of ecologically sustainable development, and

(g)  provide adequate open space and a range of recreational facilities to meet the needs of the population, and

(h)  minimize the risks associated with areas subject to environmental hazards, particularly flooding, and

(i)  maintain and improve accessibility to the City of Rockdale by identifying major transport corridors, and their links to open space and residential areas, and

(j)  facilitate economic activity within the City of Rockdale.

4 Land to which plan applies

This plan applies to land within the City of Rockdale local government area, except:

(a)  land shown uncoloured and marked “DEFERRED MATTER” on the map, and

(b)    (Repealed)

(c)  land shown edged heavy black on the map marked “State Environmental Planning Policy No 31—Sydney (Kingsford Smith) Airport”.

cl 4: Am 2006 (481), Sch 1 [1].

5 Relationship to other environmental planning instruments

(1)  This plan amends the Rockdale Planning Scheme Ordinance by inserting after clause 5 (2) the following subclause:

  

(3)  This Ordinance does not apply to land to which Rockdale Local Environmental Plan 2000 applies.

(2)  This plan repeals all interim development orders that, immediately before the appointed day, applied to land to which this plan applies.

(3)  However, this plan does not apply to land to which Sydney Regional Environmental Plan No 33—Cooks Cove applies.

cl 5: Am 25.6.2004.

6 Notes in the text

Matter that appears in this plan under the heading “Notes” is explanatory and does not form part of this plan. It is provided to assist in understanding the plan. The list of contents of this plan is also not part of this plan.

7 Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

8 Definitions

(1)  In this plan:

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

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

agriculture means the use of land for grazing, dairying, poultry farming, viticulture, orcharding, bee keeping, horticulture, vegetable growing or the growing of crops of any kind.

airline terminal means a building or place used for the assembly of passengers or goods prior to the transport of those passengers or goods either to or from an airport or an aerodrome.

alter, in relation to a heritage item, means:

(a)  make structural changes to the outside of the heritage item, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, including changes resulting from painting previously unpainted surfaces,

and, in relation to a building or work within a heritage conservation area, means:

(c)  make structural changes to the outside of the building or work, or

(d)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the building or work, not including changes resulting from painting.

amusement centre means a building or place (other than a club or hotel) at which more than 3 amusement machines may be used (whether or not in conjunction with another use).

amusement machine means a machine, appliance or game table, including a snooker table or a pool table (whether coin operated or not) which may be mechanically or electronically powered that releases or makes available balls, discs or other items for projection in or on the machine by the use of springs, flippers, paddles or cues, or electronic appliances which are controlled or partly controlled by a computer associated with an electronic screen operated by one or more players for amusement or recreation.

ANEF means the Australian Noise Exposure Forecast within the meaning of AS 2021.

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

archaeological site means a site identified as such in Part 1 of Schedule 1.

area of an advertisement in the form of a sign means:

(a)  for a sign with only one side occupied by the matter displayed, the area within the outline of that sign, or

(b)  for a sign with two sides occupied by the matter displayed, the area within the outline of that sign or, where one side is larger than the other, the area within the larger side, or

(c)  for any other sign, one third of the total surface area of the sign.

AS 2021 means Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction published by Standards Australia on 10 August 2000.

attached dual occupancy means two dwellings within the one building structure attached by common walls or one above the other as a duplex where the building has an integrated design and gives the general external appearance of a single dwelling house.

attic means a habitable area contained wholly within the roof space of a building, but only if:

(a)  the roof space is formed by a series of single angled roof planes reaching an apex or ridge, and

(b)  the roof planes transect the ceiling of the floor below, and

(c)  the habitable area is not enclosed by any vertical external walls such as gable ends (but the habitable area may contain dormer windows).

backpackers’ accommodation means a building or part of a building providing temporary accommodation for travellers and tourists who have their principal place of residence elsewhere, and containing two beds or more per room, and communal kitchen, living area and laundry facilities.

boarding house includes a house let in lodgings, providing permanent or semi-permanent accommodation, but does not include a motel, guest house or backpackers’ accommodation.

brothel means premises habitually used for the purposes of prostitution, including premises used by only one person for the purposes of prostitution.

bulky goods showroom means a building or place used for the sale by retail or auction, or the display of items (whether goods or materials, but not food, clothing or produce) which are of such a size, shape or weight as to require:

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

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

car parking area means a building or place primarily used for the purpose of parking motor vehicles, whether on a casual or permanent basis.

child care centre means any place where a child care service (such as a service of the kind provided at a long day care centre, a pre-school centre, an occasional care centre, a children’s neighbourhood centre or a multipurpose child care centre or the like) is provided for the purpose of education, minding or caring for 6 or more children (not including any children who are related to the person providing the service) and which does not include overnight accommodation for those children.

collector road means a road whose main function is to provide access to abutting property.

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

commercial sign means an advertisement, whether illuminated or not, which:

(a)  does not exceed 1 square metre in area, and

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

(i)  matter to identify or describe the place or premises, or

(ii)  matter to identify or describe any person residing or carrying on an occupation at the place or premises, or

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

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

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

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

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

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

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

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

conservation plan means a document establishing the heritage significance of a heritage item or a heritage conservation area and identifying conservation policies and management practices that are appropriate to enable that significance to be retained.

Council means the Rockdale City Council.

demolition, in relation to a heritage item or to a building or work within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.

detached dual occupancy means two separate dwelling houses on one allotment.

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 residence.

dwelling house means a building containing one but not more than one dwelling.

ecologically sustainable development means development which uses, conserves and enhances the community’s resources so that ecological processes on which life depends are maintained, and the total quality of life, now and in the future, can be increased.

emergency work means the repair or replacement of any part of Sydney Water Corporation Limited’s works:

(a)  because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a similar occurrence, or

(b)  because it has suddenly ceased to function or suddenly ceased to function adequately,

and includes work reasonably necessary to prevent or limit any further damage or malfunction.

flood prone land means land with a flood history adjacent to permanent water courses as identified in the document entitled Flood Prone Land, produced by the Public Works Department.

floor space ratio means the ratio of the gross floor area of a building to the site area of the land on which the building is erected or proposed to be erected.

granny flat housing means two dwellings on one allotment where the gross floor area of one of the dwellings does not exceed 65 square metres.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, but does not include the following:

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

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

(c)  in the case of a dwelling house or dual occupancy development that includes a garage or garages, a total of 20 square metres of garage area for each such dwelling house or dual occupancy,

(d)  in the case of any development other than that referred to in paragraph (c), car parking needed to meet any requirements of the Council and any internal access to it,

(e)  space for the loading or unloading of goods.

guest house means a dwelling providing accommodation for commercial purposes, and may also include a bed and breakfast establishment and house billeting, for travellers and tourists who have their principal place of residence elsewhere, where:

(a)  the operator of the business resides permanently on the premises and provides meals and housekeeping services for the guests, and

(b)  guest accommodation is provided on a short term basis, and

(c)  not more than 5 bedrooms of the dwelling are used or are capable of being used for the purpose of guest accommodation.

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

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

(b)  to the biophysical environment.

hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on 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.

height in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the natural ground level immediately below that point.

heritage conservation area means an area identified as a heritage conservation area in Part 3 of Schedule 1.

heritage item means a building, work, relic, tree or place of heritage significance to the Rockdale City Council area identified and described in Part 2 of Schedule 1.

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

home occupation means an occupation carried on in a building which is or contains a dwelling, or is carried on within the site area of a dwelling, by the permanent residents of the dwelling, but which does not involve:

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

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

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

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

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

(f)  the sale of goods by retail from the site, or

(g)  the use of the dwelling for the purpose of prostitution.

hostel means housing for older people or people with a disability where cooking and dining, laundering, cleaning and other facilities are provided on a shared basis, and where a person having nursing or social work experience, or other similar experience, provides services for and maintains the housing on a full-time basis.

housing for older people or people with a disability means residential accommodation which is or is intended to be used permanently as housing for the accommodation of older people or people with a disability which may consist of a residential care facility, a hostel or a grouping of 2 or more self-contained dwellings, or a combination of these, but does not include a hospital.

kiosk means a shop with a gross floor area not exceeding 50 square metres which is intended primarily to provide food or refreshments to the users of a recreation area or recreation facility, but does not include a restaurant.

landfilling means any work or activity involved in the placement of fill on land, or the excavation of land, which significantly alters the shape, natural form or drainage of the land, but does not include creation of a dam.

maintenance in relation to a heritage item, means the ongoing protective care of the fabric of a heritage item and its setting.

marina includes pontoons, jetties, piers or other structures (whether water based or land based) designed to provide moorings or dry storage for vessels used primarily for pleasure or recreation. It also includes (whether or not in addition to the foregoing) works such as slipways, hoists or facilities for the repair and maintenance of vessels and any associated land based buildings or works.

medium density housing means development of a parcel of land resulting in 3 or more dwellings where each dwelling has an individual entrance and direct private access to private open space at natural ground level for the exclusive use of the occupants of the dwelling and includes any such development resulting in dwellings commonly known as villas or townhouses, but not a residential flat building.

mixed use premises means a site on which a building used for a non-residential purpose and one or more dwellings, that may or may not be attached to that building, are situated, whether or not the dwelling or dwellings will be used in conjunction with that non-residential use.

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

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

older people means people aged 55 years or over.

panel beating workshop means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, where the work involved includes:

(a)  body building, or

(b)  panel beating which may or may not involve dismantling, or

(c)  spray painting.

people with a disability means people of any age who, as a result of having an intellectual, physical, psychiatric or sensory impairment, either permanently or for an extended period, have substantially limited opportunities to enjoy a full and active life.

potential archaeological site means a site identified in Part 4 of Schedule 1 as a potential archaeological site and includes a site known to the Council to have archaeological potential even if it is not so identified.

prostitution has the meaning ascribed to it in the Summary Offences Act 1988.

public transport facility means the use of a building or place for the purpose of providing passenger transport facilities to the general public, whether or not those facilities are provided by a public authority.

recreation area means:

(a)  a children’s playground, or

(b)  a building or place (or both) used for sporting activities or sporting facilities, or

(c)  a building or place (or both) used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

(d)  a building or place (or both) used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those persons,

but does not include a showground or a building or place elsewhere specifically defined in this clause.

regional road means a road whose main function is to supplement the State roads in providing for traffic movements or which distributes traffic to local street systems.

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

renovation in relation to a building or work, means:

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

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

reserved land means land with Zone 7 (a), 7 (b), 7 (c), 7 (d) or 7 (e).

residential care facility means accommodation for older people that includes:

(a)  meals and cleaning services, and

(b)  personal care or nursing care, or both, and

(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

not being a dwelling, hospital or psychiatric facility.

residential flat building means a building containing 3 or more dwellings, but does not include other forms of residential building elsewhere specifically defined in this clause.

restaurant means premises the principal use of which is for the provision of food and drink to people for consumption on the premises.

shop means a building or place used for the purposes of selling, exposing, or offering for sale by retail or hire, of goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause, or a building or place used for a purpose elsewhere specifically defined in this clause.

State road means a road identified by a red line on the map.

storey means the space within a building between one floor level and the floor level next above or, if there is no floor level above, the ceiling or roof above, but does not include:

(a)  space used for car parking, laundries or storerooms, if the ceiling above the space is not more than 1 metre above natural ground level, or

(b)  attic space which is part of the dwelling immediately below and is incapable of being used as a separate dwelling, or

(c)  plant rooms.

subdivision has the same meaning as it has in the Act.

telecommunications facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, including radio masts, transmission towers, satellite discs and the like, but does not include television antennas not exceeding 2 metres in height.

the map means the map marked “Rockdale Local Environmental Plan 2000”, as amended by the maps (or 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.

Rockdale Local Environmental Plan 2000 (Amendment No 2)

Rockdale Local Environmental Plan 2000 (Amendment No 4)

Rockdale Local Environmental Plan 2000 (Amendment No 5)

Rockdale Local Environmental Plan 2000 (Amendment No 7)

Rockdale Local Environmental Plan 2000 (Amendment No 12)

Rockdale Local Environmental Plan 2000 (Amendment No 13)—Wolli Creek

Rockdale Local Environmental Plan 2000 (Amendment No 14)

Rockdale Local Environmental Plan 2000 (Amendment No 19)

Rockdale Local Environmental Plan 2000 (Amendment No 21)

Rockdale Local Environmental Plan 2000 (Amendment No 24)

Rockdale Local Environmental Plan 2000 (Amendment No 26)

Rockdale Local Environmental Plan 2000 (Amendment No 37)

Rockdale Local Environmental Plan 2000 (Amendment No 38)

tourist facility, for the purposes of clause 22, means an establishment providing holiday accommodation or recreational facilities, or both, on a short-term basis, and may include:

(a)  hotels, motels, guest houses, serviced apartments, holiday cabins, caravan parks, camping grounds or houseboats, and associated recreation facilities, including swimming pools, golf courses, tennis courts and marinas or the like, and

(b)  restaurants, and

(c)  souvenir shops, art and craft galleries and exhibition centres.

veterinary establishment means a building or a place used for the purpose of the medical or surgical treatment of animals, whether or not animals are kept or boarded on the premises.

(2)  In this plan, a reference to a map is to a map kept at the office of the Council.

cl 8: Am 8.12.2000; 2.2.2001; 16.2.2001 (see also 23.2.2001); 1.6.2001; 21.12.2001; 24.1.2003; 11.2.2005; 2005 (258), cl 4; 2005 (259), cl 4; 2005 (406), Sch 1 [1]–[3]; 2006 (164), cl 4; 2006 (481), Sch 1 [2]–[4]; 2006 (629), cl 4; 2007 (546), Sch 1 [1].

9 Suspension of restrictions on land

(1)  For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a consent granted under the Act, any covenant, agreement or 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.

(2)  Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)  In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.

10 Adoption of model provisions

This plan adopts:

(a)  clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980, except for the definitions of advertisement, advertising structure, agriculture, airline terminal, arterial road, boarding house, child care centre, church, commercial premises, dwelling, dwelling house, gross floor area, home occupation, map, offensive or hazardous industry, recreation facility, refreshment room, residential flat building, shop, tourist facilities and units for aged persons, and

(b)  clauses 5, 9, 10 (1), 12, 13, 18, 19, 20, 21, 22, 24, 25, 26, 27, 29, 30, 31 and 35 (a) and (b) of, and Schedule 1 to, those provisions.

cl 10: Am 2006 (481), Sch 1 [5].

11 Zones indicated on the map

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

Residential zones:

2 (a1)—Low Density (Restricted) Residential zone:—distinctly marked by pink diagonal hatching

2 (a)—Low Density Residential zone:—coloured pink

2 (b)—Villa/Townhouse Residential zone:—coloured pink with red edging and marked “2 (b)”

2 (c)—Residential Flat Building Residential zone:—coloured pink with red edging and marked “2 (c)”

2 (d)—High Density Residential zone:—coloured pink with red edging and marked “2 (d)”

Business zones:

3 (a)—General Business zone:—coloured light blue

3 (b)—Highway Business zone:—coloured light blue with red edging and marked “3 (b)”

3 (c)—Neighbourhood Business zone:—coloured dark blue

Industrial zones:

4 (b)—Industrial (Light) zone:—coloured purple with red edging and marked “4 (b)”

Special Uses zone:

5—Special Uses zone:—coloured yellow with red lettering indicating the nominated purpose

Open Space zones:

6 (a)—Existing Open Space zone:—coloured green

6 (b)—Private Recreation zone:—coloured green with yellow edging

Reservation zones:

7 (a)—Open Space Reservation zone:—coloured light green

7 (b)—Special Uses Reservation zone:—coloured yellow with green edging and with red lettering indicating the nominated purpose

7 (c)—Transport Reservation zone:—distinctly marked by a red band between a broken black line or lines

7 (d)—Local Road Reservation zone:—coloured grey

7 (e)—Regional Open Space Reservation zone:—coloured light green with red edging and marked “R”.

Mixed Use zones:

10 (a1)—Mixed Use (Railway Precinct) zone:—coloured aquamarine with red edging and marked “10 (a1)”

10 (a)—Mixed Use zone:—coloured aquamarine with red edging and marked “10 (a)”

cl 11: Am 2006 (481), Sch 1 [6]–[8].

12 Zone objectives and controls

(1)  The objectives of a zone are set out in the particulars for the zone under the heading “Objectives of the Zone”.

(2)  Except as otherwise provided by this plan, within a zone, the development that:

(a)  may be carried out without development consent,

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

(c)  is prohibited,

is indicated in the particulars for the zone by the use of the words “Without Development Consent”, “Only With Development Consent” and “Prohibited”, respectively.

(3)  Except as otherwise provided by this plan, consent must not be granted for development on land within a zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of the zone.

13 Exempt and complying development

(1)  Development of minimal environmental impact listed as exempt development in Rockdale Development Control Plan No 57—Exempt and Complying Development as adopted by the Council on 9 June 2004 is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Rockdale Development Control Plan No 57—Exempt and Complying Development as adopted by the Council on 9 June 2004 is complying development if:

(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b)  it is not an existing use, as defined in section 106 of the Act.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Rockdale Development Control Plan No 57—Exempt and Complying Development as adopted by the Council on 9 June 2004.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Rockdale Development Control Plan No 57—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

cl 13: Am 13.8.2004.

14 Subdivision

A person must not subdivide land to which this plan applies without development consent.

15 Preservation of trees

Objective of the provision

To protect and maintain the amenity of the City of Rockdale through the preservation of trees and other significant vegetation.

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

(2)  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.

(3)  A tree preservation order must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order.

(4)  While a tree preservation order is in force, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree covered by the order without development consent.

(5)  Subclause (4) does not apply where:

(a)  it can be demonstrated to the satisfaction of the consent authority that the tree is dying or dead or has become dangerous, or

(b)  the tree is dealt with in accordance with a permit granted by the Council.

(6)  A tree preservation order does not apply to or in respect of:

(a)  trees within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(b)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveyors Act 1929, or

(c)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.

(7)  A permit under subclause (5) can not allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree:

(a)  that is a heritage item or forms part of a heritage item, or

(b)  that is situated on land in the vicinity of a heritage item, or

(c)  that is within a heritage conservation area.

(8)  The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree is advertised development if:

(a)  the tree is a heritage item, forms part of a heritage item or is within a heritage conservation area, and

(b)  in the opinion of the consent authority, the ringbarking, cutting down, topping, lopping, removal, injuring or destruction of the tree will adversely affect the heritage significance of the heritage item or heritage conservation area.

In any other case, the ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree is not advertised development and an application for consent or a permit to allow it need not be notified.

cl 15: Am 14.12.2001.

16 Temporary use of land

Objective of the provision

To permit the temporary use of land for appropriate activities.

Despite any other provision of this plan, consent may be granted for the use of any land or building for any temporary purpose, provided the consent authority has taken into consideration whether:

(a)  the use will cease within a specified time, and

(b)  suitable arrangements have been or will be made for the removal of any temporary structures erected or works carried out in connection with the use, and for the reinstatement of the land to its former state after the cessation of the temporary use, and

(c)  the temporary use is reasonable having regard to the nature of the use and the economic use of land pending its development in accordance with this plan, and

(d)  the temporary use will not unreasonably or adversely affect residential amenity, and

(e)  the temporary use would not be likely to unreasonably affect the viability of any commercial centre in the locality, and

(f)  the temporary use would not be likely to adversely impact on the environmental quality of the locality.

17 Unzoned land

Objective of the provision

To ensure that the development of unzoned land does not adversely impact on adjoining land uses.

(1)  This clause applies to all land to which this plan applies that is shown not zoned on the map.

(2)  Development shall not be carried out on land to which this clause applies except with development consent.

(3)  In determining a development application required by this clause the consent authority must have regard to the objectives of any zone within which land abutting the unzoned land is situated.

(4)  Notwithstanding subclause (2), consent is not required for development for the purpose of roads or utility installations (other than railway, water or air transport, wharf or river infrastructure, gas holders or generating works).

18 Noise and vibration

Objective of the provision

To ensure that proper measures are undertaken in respect of development affected by aircraft, vehicular and rail related noise and vibration.

(1)  Consent must not be granted for the carrying out of development:

(a)  for the purpose of medium density housing, residential flat buildings or mixed use premises on land for which the Australian Noise Exposure Forecast (ANEF) exceeds 20, or

(b)  for the purpose of educational establishments or hospitals on land for which the ANEF exceeds 20, or

(c)  for the purpose of hotels, motels, hostels, other tourist accommodation or public buildings on land for which the ANEF exceeds 25, or

(d)  for commercial purposes on land for which the ANEF exceeds 25,

unless the consent authority is satisfied that the standards set by AS 2021 regarding interior noise levels will be met in all buildings created or affected by the development.

(2)  Before granting consent for development on land it considers to be affected by aircraft noise, the consent authority must have regard to any information issued by AirServices Australia or any other information available to the consent authority about the effect of aircraft noise at that time.

(3)  Consent must not be granted to any proposed development which may be adversely affected by rail related noise and vibration unless the development incorporates mitigation measures which are in accordance with the noise control guidelines contained in the Environment Protection Authority’s Environmental Noise Control Manual and the State Rail publication titled “Rail Related Noise and Vibration; Issues to Consider in Local Environmental Planning—Development Applications and Building Applications (1995)”.

(4)  Consent must not be granted to any proposed development on a State or regional road unless the development incorporates mitigation measures which are in accordance with the noise control guidelines contained in the Environment Protection Authority’s Environmental Noise Control Manual.

(5)  Nothing in this clause prevents the granting of consent for the reasonable repair, renovation, alteration, extension of or addition to an existing building, if there will be no resulting reduction in the degree of insulation of the building interior from noise.

19 Telecommunications facilities

Objective of the provision

To ensure that telecommunications facilities are appropriately located to minimise their impact.

(1)  This clause does not apply to the following activities:

(a)  installation of low impact facilities (as listed in the Telecommunications (Low Impact Facilities) Determination 1997 of the Commonwealth) and subscriber cabling, including cabling across streets,

(b)  installation of defence facilities,

(c)  installation of facilities authorised by a facility installation permit issued by the Australian Communications Authority,

(d)  inspection of land, including making surveys, sinking bores, digging pits and examining soil,

(e)  maintenance of telecommunications facilities, including the alteration, removal, repair or replacement of whole or part of the facility, and the cutting down or lopping of vegetation.

(2)  A person must not erect a structure or facility or carry out a work for the purpose of a telecommunications facility, except with development consent.

(3)  Consent must not be granted to the carrying out of development for the purpose of a telecommunications facility or the provision of a telecommunications facility unless the consent authority has taken into consideration the following:

(a)  the potential for underground installation,

(b)  the potential for co-location with existing facilities,

(c)  the impact of the facility on visual amenity,

(d)  the impact of the facility on the heritage significance of the area,

(e)  the impact of the facility on vegetation and street infrastructure.

(4)  Despite any other provisions of this plan, development may be carried out with consent on any land within Zone 3 (a), 3 (b), 10 (a1) or 10 (a) for the purpose of a telecommunications facility only where such development is located on rooftops or sides of buildings (or both) and is integrated into the design of the building.

cl 19: Am 2006 (481), Sch 1 [9].

20 Development on flood prone land

Objective of the provision

To control development in areas which are flood affected in order to protect life and property and permit the flow of flood waters.

(1)  A person must not erect a building or carry out a work for any purpose on flood prone land except with development consent.

(2)  Consent must not be granted to development on flood prone land unless the consent authority has taken into consideration whether the proposed development would:

(a)  adversely impede the flow of flood waters on that land and land in its immediate vicinity, or

(b)  imperil the safety of persons on that land and land in its immediate vicinity, or

(c)  aggravate or be likely to result in erosion, siltation or the destruction of vegetation, or

(d)  cause any adverse effect on the water table of that land or land in its immediate vicinity.

(3)  Nothing in this clause prevents the grant of consent for reasonable repairs to, renovation of, alterations to, extensions to, additions to, or a different use of, an existing building, if there will be no resulting increase in flood risk on the property or other land.

(4)  A condition of consent for development on flood prone land may require the floor level of a building or work to be at a height sufficient, in the opinion of the consent authority, to prevent or reduce the incidence of flooding of that building or work, or of adjoining land.

21 Land filling and excavation

Objectives of the provision

To provide controls to ensure the environmental amenity of adjoining properties is protected.
To control soil erosion, sedimentation, tree loss and drainage impacts associated with land filling and excavation.

(1)  A person must not, without development consent, excavate or fill any land to which this plan applies.

(2)  Before granting an application for consent required by subclause (1), the consent authority must have regard to:

(a)  the likely disruption of, or detrimental effect on, existing drainage patterns, vegetation, sedimentation and soil stability in the locality that would be caused by the proposed work, and

(b)  the effect of the proposed work on the likely future use or redevelopment of the land, and

(c)  the effect of the proposed work on the existing and likely amenity of adjoining properties.

(3)  Subclause (1) does not apply to:

(a)  any excavation or filling of land necessarily carried out to allow development for which a consent was granted under the Act, or

(b)  any excavation or filling of land which, in the opinion of the prospective consent authority, is of a minor nature, including minor landscaping works.

22 Outdoor advertising

Objective of the provision

To ensure that advertisements do not detract from the character of the locality.

(1)    (Repealed)

(2)  Development for the purpose of an advertisement (other than development that is exempt development) may be carried out only with development consent.

(3)  The consent authority must not consent to development for the purpose of an advertisement unless it is satisfied that the advertisement:

(a)  conveys the advertiser’s message or image, while complementing and conforming to both the building on which it is displayed and the character of the locality, and

(b)  does not adversely affect the amenity of the locality in terms of appearance, size, shape, illumination or overshadowing, or in any other way, and

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

(4)  Despite any other provision of this plan, development may be carried out with consent on any land for the purpose of an advertisement that directs the travelling public to a specific tourist facility or place of scientific, historic or scenic interest, if the consent authority is satisfied that:

(a)  the principal purpose of the advertisement is to direct the travelling public to that building or place, and

(b)  the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

(5)  Despite any other provision of this plan, development may be carried out with consent on any land within Zone 6 (a) or 6 (b) for the purpose of an advertisement that displays the identity of a club the principal object of which is promoting sport or another recreational activity. Such a consent may be given even if the advertisement also includes general advertising matter, but only if the identification of the club occupies at least half of the area of the advertisement.

(6)  Development for the purpose of the following is prohibited:

(a)  advertisements on land within Zone 5, 6 (a) or 6 (b), if they are not otherwise specifically allowed with or without consent by this clause,

(b)  advertisements within residential zones except for those:

(i)    (Repealed)

(ii)  identifying a heritage item or the use of a building identified as a heritage item, or

(iii)  identifying an existing non-conforming use where existing use rights have been established,

(c)  posters on poles or other structures in public places,

(d)  advertising signage which does not relate to the site on which it is placed or to a site within 400 metres of the advertisement’s location,

(e)  sky signs,

(f)  temporary signs of a commercial nature on land whether zoned or unzoned,

(g)  advertisements that are supported by trees,

(h)  advertisements that use flashing lights.

(7)  The use of land (other than a public road) for the display of an advertisement for a commercial or political purpose on a motorised vehicle, or on a trailer that is attached or not attached to such a vehicle, so that the advertisement can be seen by persons using a public street or any other public place, is prohibited.

(8)  Subclause (7) does not apply to a motorised vehicle, used principally for conveying goods or passengers, where the advertisement is displayed on the main body of the vehicle.

cl 22: Am 13.8.2004.

23 Ecologically sustainable development

Objective of the provision

To ensure that ecological sustainability is considered as part of the development process.

Consent must not be granted to the carrying out of development unless the consent authority has given consideration to the following insofar as they are relevant to the proposed development and may promote the principles of ecologically sustainable development:

(a)  building and allotment orientation,

(b)  conservation of natural resources,

(c)  optimisation of the use of natural features of the site,

(d)  use of landscaping to improve air, soil and water quality,

(e)  reduction of car dependence,

(f)  optimisation of energy efficiency,

(g)  waste minimisation.

24 Brothels

Objectives of the provision

To specify appropriate planning controls relating to the use of premises as a brothel.
To designate specific locations within the City of Rockdale where brothels may be established with development consent.
To ensure that brothels are not located within or in close proximity to land which is residentially zoned or used for residential purposes, or in areas near or within view from a church, hospital or school or from any other place regularly frequented by children.
To ensure that brothels are not located close to railway stations.
To ensure that the operation of a brothel does not adversely affect the amenity of the locality in which it is situated.
To provide for sufficient separation between brothels so that there is not a concentration of brothels in any one locality.
To limit the size of brothels.

(1)  Despite any other provision of this plan, development for the purpose of a brothel may be carried out only with consent and only if:

(a)  it is located within the land shown shaded in Diagram 1, 2 or 3 in Appendix 2 to this Part, and

(b)  it is not located:

(i)  within 50 metres of land zoned Residential, land zoned Special Uses in relation to which the nominated purpose is Educational Establishment, Place of Public Worship or Hospital, or within 50 metres of land used for residential purposes, or

(ii)  near or within view from any educational establishment, place of public worship or hospital or any other place regularly frequented by children, or

(iii)  on land abutting or within a property used or partly used for residential purposes, or

(iv)  within 50 metres of a railway station entrance or exit that is adjacent to a public footpath, or

(v)  on land owned by or under the care, control and management of the Council.

(2)  Consent must not be granted to development for the purpose of a brothel if the brothel:

(a)  will be located within 200 metres of the boundary of any land on which there is one or more brothels lawfully operating or consented to at the time when the application for consent is determined, or

(b)  will contain more than five rooms used for, or capable of being used for, the purpose of prostitution. For the purposes of this paragraph, any room with an area exceeding 18m² will be considered to be two rooms.

(3)  Before granting an application to carry out development for the purpose of a brothel, the consent authority must be satisfied that:

(a)  the operation of the brothel will not cause a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood involving similar hours of operation, and

(b)  the operation of the brothel will not cause a disturbance in the neighbourhood because of its size, location, hours of operation, clients or the number of employees or other people working in it, and

(c)  the operation of the brothel will not interfere with the amenity of the neighbourhood, and

(d)  suitable pedestrian access will be provided to the brothel.

cl 24: Subst 1.9.2000.

25 Hotel and motel development

Objectives of the provision

To specify minimum requirements for hotels and motels to ensure that they are situated on adequate sized blocks.
To ensure hotel and motel development does not adversely impact on the amenity of the adjoining properties, particularly in residential areas.

(1)  A motel must not be erected on an allotment of land which has an area of less than 1,850 square metres.

(2)  Where an allotment referred to in subclause (1) has frontage to an arterial road, the width of this allotment is to be a minimum of 27 metres.

(3)  A hotel must not be erected on an allotment of land which has an area of less than 4,000 square metres.

26 Development of land for certain additional purposes

Notwithstanding other provisions of this plan, a person may, with development consent, carry out development on land referred to in Columns 1 and 2 of Appendix 3 to this Part that is specified in Column 3 of that Appendix, subject to any conditions specified in Column 3.

27 Classification or reclassification of public land

(1)  The land described in Appendix 4 to this Part is classified or reclassified as operational land for the purposes of the Local Government Act 1993.

(2)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Appendix 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

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

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

(3)  Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Appendix 4 was made, the Governor approved of subclause (2) applying to the land.

(4)  In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Appendix 4, is the local environmental plan cited at the end of the description of the parcel.

(5)  Land described in Part 1 of Appendix 4 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

Appendix 1

  (Repealed)

Appendix 2   Land to which clause 24 (Brothels) applies

(Clause 24)

Diagram 1

Diagram 2

Diagram 3

Appendix 3   Development of land for certain additional purposes

(Clause 26)

Column 1 Address	Column 2 Property description	Column 3 Development allowed with consent
Arncliffe
10–12 Allen Street and 11–13 Ann Street, Arncliffe	Lots A and B in DP 970613, Lot 16 Section I in DP 1071, Lot 9 Section I in DP 1071 and Lot 10 Section I in DP 1071	Development for the purpose of automotive accessories installations, car repair stations, motor showrooms, spare parts sales
Bexley
281 Forest Road, Bexley	Lots 1–3, DP 12664	Development for the purpose of: a car repair station, spray painting, detailing of vehicles and ancillary uses
Land known as Nos 558–560 Forest Road, Bexley and the rear of 556 Forest Road, Bexley		Development for the purpose of plant hire
739 Forest Road, Bexley	Lot A, DP 364959	Development for the purpose of a bus depot
70 Preddys Road, Bexley	Lot 1, DP 713948	Development for the purpose of a shop
25 Stoney Creek Road, Bexley	Lot 53, DP 9826	Development for the purpose of: offices or other commercial buildings which do not involve retailing activities but which may contain a small and minor portion of showroom facilities
Rockdale
Nos 5–7 Monahan Avenue, Rockdale	Lots 52 and 53, DP 6679	Development for the purpose of storage and assembly of aluminium products

Appendix 4   Classification or reclassification of land

(Clause 27)

Part 1

Bexley
11 Albyn Street	Lot 17, DP 15337, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
15 Albyn Street	Lot 19, DP 15337, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
17–19 Albyn Street	Lots 20 and 21, DP 15337, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
23 Albyn Street	Lot 1, DP 944960, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
405 Bexley Road	Lot 1, DP 551493, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
10 Rye Street (part of) (former nursery site)	Part Lots 5 and 6, DP 455416, as shown coloured light scarlet with dark red edging and lettered “2 (b1)” on the map marked “Rockdale Local Environmental Plan No 160”.
9–17 Stoney Creek Road	Part of Lots 8–10 and Lots 13–17, DP 9826, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
Brighton-le-Sands
Moate Avenue	Lot 5, DP 235794, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
6 Princess Street	Lot 102, DP 773760, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 158”.
36 Princess Street	Lots 60–66, DP 6770, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
Rockdale
21 Bay Street	Lot 1, DP 84102 and Lot 19, DP 59816, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
1–9 Chapel Street	Lots 1 and 2, DP 551369, Lots 1 and 2, DP 309448 and Lot 1, DP 450104, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
17 Keats Avenue	Lot 101, DP 846211, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
18 York Street	Lot 19, Section B, DP 2099, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
25 York Street	Lots 23–28, Section A, DP 2099, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
34 York Street	Lot 11, Section B, DP 2099, as shown edged heavy black on the map marked “Rockdale Local Environmental Plan No 142”.
Turrella
2A Edward Street	Lot 41, Section A, DP 2996, as shown coloured light scarlet on the map marked “Rockdale Local Environmental Plan No 157”.

Part 2

Bexley
2A Albert Street	Lot 2, DP 1015826, being a drainage reserve shown coloured purple with red edging and lettered “4 (b)” on the map marked “Rockdale Local Environmental Plan 2000 (Amendment No 4)”—Rockdale Local Environmental Plan 2000 (Amendment No 4).

Part 2 Residential areas

Division 1 Residential zones

28 Residential zone particulars

The following particulars apply for residential zones:

Zone 2 (a1)   Low Density (Restricted) Residential zone

Objectives of the Zone

(a)  to identify land which is not appropriate for medium and high density residential development due to the following:

(i)  the land may be subject to tidal inundation, flooding or drainage problems due to climatic changes associated with the Greenhouse Effect, and

(ii)  the land contains a heritage item or is within an area which has potential to be made a heritage conservation area, and

(iii)  the use of the land for medium density residential development may preclude the orderly planning of the land, and

(b)  to promote a scale, form and character of residential development which is compatible with the established residential development, and

(c)  to allow certain non-residential low density development which does not detrimentally affect the character and amenity of the area.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

attached dual occupancies; child care centres; community facilities; detached dual occupancies; dwelling houses; educational establishments; granny flat housing; hospitals; hostels; housing for older people or people with a disability; places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; roads; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

Zone 2 (a)   Low Density Residential zone

Objectives of the Zone

(a)  to allow low density and single storey medium density housing which does not adversely impact on the amenity of the locality, and

(b)  to allow certain non-residential development of low intensity which does not detrimentally affect the character and amenity of the area, and

(c)  to allow new buildings which provide a mix of housing forms in the zone while respecting the existing urban character.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

attached dual occupancies; boarding houses; child care centres; community facilities; detached dual occupancies; dwelling houses; educational establishments; granny flat housing; guest houses; hospitals; hostels; housing for older people or people with a disability; medium density housing (single storey); places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; roads; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

Zone 2 (b)   Villa/Townhouse Residential zone

Objectives of the Zone

(a)  to encourage a variety of housing types, including low and medium density housing, and

(b)  to facilitate diversity in the forms of residential housing by allowing in certain areas either mixed medium density housing (comprising both single storey and two storey housing) or two storey medium density housing, and

(c)  to allow certain non-residential development which is compatible with the density of the zone and does not detrimentally affect the character and amenity of the area.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

attached dual occupancies; boarding houses; child care centres; community facilities; detached dual occupancies; dwelling houses; educational establishments; granny flat housing; guest houses; hospitals; hostels; housing for older people or people with a disability; medium density housing (single storey or two storey); places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; roads; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

Zone 2 (c)   Residential Flat Building Residential zone

Objectives of the Zone

(a)  to encourage a variety of housing types, including two and three storey residential flat buildings, and

(b)  to facilitate a higher density and diverse style of residential buildings in the form of residential flat buildings on appropriate sites, and

(c)  to permit, in certain areas, three storey residential flat buildings, where this is the predominant existing housing form or where land is close to services and amenities, and

(d)  to allow certain non-residential development of low intensity which does not detrimentally affect the character and amenity of the area.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

attached dual occupancies; boarding houses; child care centres; community facilities; detached dual occupancies; dwelling houses; educational establishments; granny flat housing; guest houses; hospitals; hostels; housing for older people or people with a disability; medium density housing; places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; residential flat buildings; roads; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

Zone 2 (d)   High Density Residential zone

1   Objectives of the Zone

(a)  to take advantage of existing public transport infrastructure at the Wolli Creek railway station by encouraging land within the zone to be developed to its optimum potential in an orderly and efficient manner, but only where high quality design is achieved for the public and future occupants of Wolli Creek, and

(b)  to promote development of the land for predominantly residential purposes, due to its proximity to existing public transport and existing residential areas and the constraints of the local road system, and

(c)  to allow limited development of the land for non-residential purposes where it will not significantly impact on the traffic capacity of the road network and will not have an adverse impact on residential development, and

(d)  to allow retail development of the land only if it is small in scale and is intended to serve the immediate neighbourhood, and

(e)  to require all new buildings to achieve a high standard of urban design for the general public and occupants’ viewpoints, and

(f)  to require residential development within the zone to include areas of useable open space within their sites where the design and size of the space, and solar access to, will be of benefit to the occupants, and

(g)  to preserve, where possible, reasonable views and outlooks from, and solar access to, existing and prospective residential development in the vicinity, and

(h)  to provide for adequate vehicular and pedestrian circulation and access and to ensure streetscapes will be of a high visual standard, and

(i)  to ensure that future development in the zone will meet environmental requirements relating to flood prone land, stormwater management, waste management, noise and vibration, air and water quality and energy efficiency, and

(j)  to provide for the environmental protection of the Wolli Creek wetlands and Cooks River by requiring development to meet appropriate water quality standards for stormwater, and

(k)  to ensure that development within the zone will have due regard to, and enhance the heritage significance and setting of, any heritage items within or adjacent to the zone through appropriate building design and landscaping.

2   Without Development Consent

Exempt development.

3   Only With Development Consent

Development for the purpose of:

Backpackers’ accommodation; boarding houses; child care centres; commercial premises; community facilities; drainage or flood mitigation works; dwellings; educational establishments; home industries; home occupations; hospitals; housing for older people or people with a disability; light industries; mixed use premises; open space; places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; residential flat buildings; restaurants; roads; shops (where they are only intended to serve the immediate neighbourhood); utility installations other than gas holders or generating works.

4   Prohibited

Any development that is not allowed without or only with consent.

cl 28: Am 13.8.2004; 2006 (481), Sch 1 [10].

Division 2 Special provisions for residential development

29 Minimum allotment size

Objective of the provision

To provide minimum requirements for the subdivision of residential land, which are in accordance with the existing subdivision pattern and the environmental capacity of the land.

(1)  A dwelling house is not to be erected in Zone 2 (a1) or 2 (a):

(a)  on an allotment of land having frontage to Xenia Avenue, Carlton, or the southwestern side of Fleet Street, Carlton, which has an area of less than 340 square metres or a width of less than 12 metres at the front alignment of the building, or

(b)  on an allotment of land having frontage to the southwestern side of Caledonian Street, Bexley, between Park Avenue and Harrow Road, Bexley, or to the northwestern side of Watkin Street, Bexley, between Park Avenue and Harrow Road, Bexley, (excluding lots 41 and 42 in DP 531156) which has an area of less than 230 square metres or a width of less than 6 metres at the front alignment of the building, or

(c)  on any other allotment of land which has an area of less than 460 square metres or a width of less than 15 metres at the front alignment of the building.

(2)  Nothing in subclause (1) prevents consent from being granted to the erection of a dwelling house on a parcel of land if the parcel existed as a separate parcel on 30 March 1973.

(3)  Medium density housing or a residential flat building is not to be erected on land in Zone 2 (a), 2 (b) or 2 (c) and fronting a State road unless it has a frontage of not less than 27 metres.

(4)  Nothing in this plan allows the subdivision, in any manner, of land developed for the purpose of granny flat housing.

(5)  The area of the access corridor for a battleaxe allotment is not to be included in the calculation of the floor space ratio of any building on an allotment of land within a residential zone.

30 Villa/townhouse development

Objective of the provision

To ensure that medium density housing does not adversely impact on adjoining properties by way of overlooking or overshadowing.

Despite clauses 28 and 31 (a), development for the purpose of medium density housing on land in Zone 2 (b) shown coloured pink with red edging and diagonally hatched in black on the map must not be carried out on an allotment of land unless it proposes a mixture of single and two storey dwellings, and the total number of two storey dwellings does not exceed half of the total number of dwellings.

31 Height

The Council is not to consent to the erection of a building, if the height exceeds:

(a)  2 storeys above ground level on land in Zone 2 (a1), 2 (a) or 2 (b), or

(b)  2 storeys above ground level on land in Zone 2 (c) shown coloured pink with red edging and cross hatched in black on the map, or

(c)  5 storeys above ground level on land in Zone 2 (c) bounded by Princess Street, Moate Avenue, Gordon Street and The Grand Parade, Brighton-le-Sands, or

(d)  3 storeys above ground level on all other land in Zone 2 (c).

32 Boarding houses

Objective of the provision

To ensure that boarding houses in residential zones are appropriately situated so as to not detract from the amenity of the residential zones.

Despite any other provision of this plan, consent must not be granted to the use of land within Zone 2 (a), 2 (b) or 2 (c) for the purpose of a boarding house unless the land is located within a 500 metre radius of land within Zone 3 (a).

33 Use of existing shop buildings in residential zones

Objective of the provision

To allow the economic recycling of existing buildings that were constructed for use as shops and which are located within residential zones.

(1)  This clause applies to all land in Zone 2 (a1), 2 (a), 2 (b) or 2 (c).

(2)  Where an existing building was lawfully constructed for use as a shop, a person may, with development consent:

(a)  use that building as a shop of the same or a different kind or as commercial premises, or

(b)  alter, extend or rebuild that building for use as a shop or commercial premises.

(3)  Consent must not be granted pursuant to this clause unless the consent authority is satisfied that the development will not:

(a)  adversely impact on the amenity of the area, or

(b)  cause traffic or vehicular congestion on any street in the vicinity of the development, or

(c)  interfere with the flow of traffic.

(4)  Before granting any such consent, the consent authority must also consider:

(a)  whether the existing building or the land on which it is situated is physically and economically capable of being converted to or redeveloped for residential use in conformity with the zoning of the land, and

(b)  whether it would be appropriate or desirable to convert the building or use the land for such a residential use, and

(c)  the merits, if any, of retaining the existing building, and

(d)  the benefits, if any, of encouraging the economic recycling of the existing building.

(5)  Consent must not be granted to the alteration, extension or rebuilding of a building to which this clause applies where:

(a)  the gross floor area of the existing building is 90 square metres or less, and the gross floor area of the building, as proposed to be altered, extended or rebuilt will exceed 90 square metres, or

(b)  the gross floor area of the existing building is greater than 90 square metres, and the gross floor area of the building, as proposed to be altered, extended or rebuilt will be increased.

34 Floor space ratio for certain buildings

Objective of the provision

To control the intensity and scale of development, other than residential development within residential zones, so that development will be in accordance with the land’s environmental capacity and zone objectives.

(1)  In this clause, building means a building other than a building used or intended to be used exclusively as a dwelling or dwellings.

(2)  The consent authority is not to consent to the erection of a building if the floor space ratio in:

(a)  Zone 2 (a1) or 2 (a) exceeds 0.5:1,

(b)  Zone 2 (b) exceeds 0.6:1,

(c)  Zone 2 (c) exceeds 1:1,

(d)  Zone 2 (c) and coloured pink with red edging and cross hatched in black on the map exceeds 0.8:1.

34A Development of 10–12 Allen Street and 11–13 Ann Street, Arncliffe

Notwithstanding clause 34, the floor space ratio of a building erected or proposed to be erected on land to which Rockdale Local Environmental Plan 2000 (Amendment No 3) applies must not exceed 0.75:1.

cl 34A: Ins 18.5.2001.

35 Home occupations

Nothing in this plan restricts or prohibits or enables the consent authority to restrict or prohibit home occupations carried on in dwelling houses or on a site occupied by a dwelling house.

35A Development in Zone No 2 (d)

(1)  In this clause:

development site means an area of land edged heavy black in Diagram 1 in Part 1 of Schedule 2.

height, in relation to a building, means the distance above the Australian Height Datum (AHD) to the topmost point of the building.

(2) Erection of buildings Consent must not be granted to the erection of a building on land in Zone 2 (d) unless:

(a)  the combined gross floor area of all buildings to be erected on the development site within which it will be located will not exceed a floor space ratio 2:1, and

(b)  the height of the building will not exceed the height that is specified in Diagram 1 in Part 1 of Schedule 2.

(3) Development on part of development site Consent must not be granted to the erection of a building on part a development site unless the applicant has demonstrated, to the satisfaction of the consent authority, that the whole of the development site can be developed generally in accordance with the provisions of a development control plan applying to the whole of the site. In doing so, the applicant is required to provide documentation that clearly demonstrates or deals with the following:

(a)  the proposed location, height, gross floor area and use of all buildings to be erected on the development site,

(b)  the number and location of car parking spaces and loading facilities proposed to be provided on the development site, the manner in which such car parking and loading facilities will be allocated and the proposed means of vehicular access to and from those facilities,

(c)  the proposed location of outdoor recreation space and landscaped areas that are to be provided on the development site.

cl 35A: Ins 2006 (481), Sch 1 [11].

Part 3 Business areas

Division 1 Business zones

36 Business zone particulars

The following particulars apply for business zones:

Zone 3 (a)   General Business zone

Objectives of the Zone

(a)  to encourage appropriate business activities which contribute to economic growth and employment opportunities within the area, and

(b)  to provide a range of retail, commercial and professional services in appropriate localities, and

(c)  to promote urban consolidation policies by permitting the establishment of additional residential space in the form of mixed developments.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

amusement centres; backpackers’ accommodation; boarding houses; bulk stores and warehouses with a gross floor area not exceeding 150 square metres; bulky goods showrooms; bus stations; car parking areas; car repair stations; child care centres; clubs; commercial premises; community facilities; dwelling houses; educational establishments; guest houses; home occupations; hospitals; hostels; hotels; housing for older people or people with a disability; light industries; mixed use premises; motels; motor showrooms; places of assembly; places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; restaurants; retail plant nurseries; roads; service stations; shops; telecommunications facilities; tourist facilities; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

Zone 3 (b)   Highway Business zone

Objectives of the Zone

(a)  to encourage appropriate business activities which contribute to economic growth and employment opportunities within the area, and

(b)  to ensure that redevelopment on land within the zone does not detract from the role or viability of existing retail and commercial centres, or the amenity of any existing residential zone, and

(c)  to promote redevelopment which will contribute to the locality including improvement to its visual character, access and parking, reduction of land use conflicts and increase amenity for nearby residential development.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

automotive accessories installations; bulk stores; bulky goods showrooms; car repair stations; commercial premises; electronic equipment sales and repair centres; home occupations; hotels; light industries; motels; motor showrooms; places of public worship; restaurants; roads; service stations; showrooms; spare parts sales; telecommunications facilities; utility installations other than gas holders or generating works; warehouses.

Prohibited

Any development that is not allowed without or only with consent.

Zone 3 (c)   Neighbourhood Business zone

Objectives of the Zone

(a)  to provide a level of local retail and commercial facilities which services the immediate residential community, and

(b)  to ensure that the nature, scale and type of development is compatible with adjacent residential development, and

(c)  to ensure that development within neighbourhood centres does not detract from the economic viability of the commercial centres in Zone 3 (a) within the City of Rockdale.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

attached dual occupancies; car parking areas; child care centres; clubs; commercial premises; community facilities; detached dual occupancies; dwelling houses; educational establishments; granny flat housing; guest houses; home occupations; hospitals; hostels; hotels; housing for older people or people with a disability; mixed use premises; motels; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation areas; recreation facilities; restaurants; retail plant nurseries; roads; service stations; shops; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

cl 36: Am 31.1.2003; 13.8.2004.

Division 2 Special provisions for business centres

37 Floor space ratios

Objective of the provision

To control the intensity and scale of development of land zoned business so that development will be in accordance with the land’s environmental capacity and zone objectives.

(1)  The maximum floor space ratio for a building or buildings:

(a)  within Zone 3 (a) is 2:1,

(b)  within Zone 3 (b) is 1.5:1,

(c)  within Zone 3 (c) is 1:1.

(2)  Despite subclause (1), the maximum floor space ratio of land within Zone 3 (b) and shown shaded in Diagram 1 in Appendix 1 to this Part is 1:1.

(3)  Despite subclause (1), consent may be granted to development of land shown shaded or hatched in Diagram 2, 3, 4, 5 or 6 in Appendix 1 to this Part which results in a floor space ratio greater than that indicated in subclause (1) if the proposed floor space ratio satisfies the provisions set out in that diagram.

38 Industries in Zone 3 (a)

(1)  Land is not to be used in Zone 3 (a) for the purpose of light industry where:

(a)  the total floor space of the building or part of the building or the total area of the land used or proposed to be used for the purpose of the industry is in excess of 465 square metres, or

(b)  the total area of the parcel of land upon which the proposed development will be established is in excess of 930 square metres.

(2)  The provisions of subclause (1) do not apply to a service station or car repair station.

39 Development within the Highway Business zone

(1)  Consent must not be granted to any development within Zone 3 (b) unless the consent authority is satisfied that:

(a)  the development will be capable of accommodating its parking and servicing needs and associated vehicle movements on the land on which the development is proposed to be carried out, and

(b)  the development is unlikely to generate excessive traffic movements, particularly those involving heavy vehicles, in any residential street within the vicinity.

(2)  Consent must not be granted to development on land within Zone 3 (b) which abuts land in a residential zone unless the consent authority is satisfied that:

(a)  the portion of the building facade facing the land in the residential zone has been designed to be compatible with residential development or will be suitably screened, and

(b)  noise generation from fixed sources or motor vehicles associated with the development will be effectively insulated or otherwise reduced to an acceptable level, and

(c)  the development will not otherwise cause nuisance to residents, by way of traffic movements, parking, headlight glare, security lighting or the like, and

(d)  the development will allow reasonable solar access to the land and buildings within the residential zone between the hours of 9.00 am and 3.00 pm during the winter solstice.

(3)  The consent authority may require the consolidation of allotments of land prior to any increased intensity of development taking place, so as to enable improvements to access, servicing and parking arrangements.

(4)  Notwithstanding any other provisions of this plan, consent may be granted to development for the purpose of a shop if the consent authority is satisfied that the development is primarily intended to provide services to people employed in businesses in the immediate vicinity.

(5)  Consent may be granted to a residential component of a building on land within Zone 3 (b) shown shaded on Diagram 5 in Appendix 1 to this Part only where the ground floor area of the building is used wholly for commercial development and access to the residential component.

40 Development of 25 York Street, Rockdale

(1)  This clause applies to land being Lots 23–28, Section A, DP 2099, known as 25 York Street, Rockdale.

(2)  Notwithstanding any other provisions of this plan, the land to which this clause applies may only be used for the purpose of a library, commercial premises, car parking area and community facilities.

(3)  A building or other structure to be erected on land to which this clause applies is not to exceed 13 metres in height.

41 Development of 286A and 294–298 Forest Road, Bexley, and 159 Frederick Street, Rockdale

(1)  This clause applies to land within Zone 3 (a), being part Lots 3 and 4 and Lot 31, DP 1353, Lots A, B and C, DP 327795, Lots X and Y, DP 33367, and Lots A and B, DP 380056, known as 286A and 294–298 Forest Road, Bexley, and 159 Frederick Street, Rockdale.

(2)  In this clause:

bed sitter means a dwelling in which the living areas are combined in the same room with sleeping areas and includes dwellings commonly referred to as studio dwellings, but does not include a dwelling commonly referred to as a loft apartment.

height, in relation to a building or structure, means the height to the topmost point of that building or structure, inclusive of all vents, chimneys, antennas, and the like.

underground parking means a car parking area situated totally underground and below ground level or, where a portion of the car parking area is located above ground level, the portion is contained entirely within the envelope of a building.

(3)  Despite any other provision of this plan, a building or structure must not be erected on land to which this clause applies unless:

(a)  the height of the building or structure does not exceed a distance of 65 metres above Australian Height Datum (AHD), and

(b)  the ratio of so much of the gross floor area of the building as is used for all residential purposes to the site area does not exceed 1.05:1, and

(c)  the building does not contain bed sitter style accommodation, and

(d)  where the building is used for residential purposes, natural light is provided to all habitable rooms in accordance with the Building Code of Australia, and

(e)  the building provides all car parking to meet the requirements of the Council in the form of on-site underground parking.

41A Development of 524–544 Rocky Point Road, Sans Souci

(1)  This clause applies to land within Zone 3 (a), known as 524–544 Rocky Point Road, Sans Souci, being Lots A and B, DP 380002, Lots 1–3, DP 5933, Lots 143 and 144, DP 2452 and Lots A–C, DP 949012.

(2)  Despite any other provision of this plan, a building erected on land to which this clause applies must not:

(a)  in respect of any part of the building that is not more than 27.5 metres from the boundary of the land fronting Rocky Point Road, have a height in excess of 13.3.meters measured vertically from the highest point on the boundary of the land fronting Rocky Point Road, or

(b)  in respect of any other part of the building, have a height in excess of 10.05 metres measured vertically from the highest point on the boundary of the land fronting Jameson Lane.

(3)  Despite subclause (2) (a), plant and lift overruns located in or on the part of the building referred to in that paragraph may exceed the maximum height specified in that paragraph but only if any such structures:

(a)  have a total floor area not exceeding 870 square metres, and

(b)  do not exceed the height specified in that paragraph by more than 3.5 metres.

(4)  Despite any other provision of this plan, the floor space ratio of the residential component of any mixed use premises erected on land to which this clause applies must not exceed 1:1.

(5)  State Environmental Planning Policy No 1—Development Standards does not apply to this clause.

(6)  For the purposes of this clause, the height of a building is to be measured including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

cl 41A: Ins 2007 (546), Sch 1 [2].

Appendix 1   Special floor space requirements

(Clause 37 (2) and (3))

Diagram 1

Diagram 2

Diagram 3

Diagram 4

Diagram 5

Diagram 6

Part 4 Industrial areas

Division 1 Industrial zones

42 Industrial zone particulars

The following particulars apply for industrial zones:

Zone 4 (b)   Industrial (Light) zone

Objectives of the Zone

(a)  to encourage a wide range of industrial and related uses and associated support facilities and functions, and

(b)  to enable other development in industrial zones, provided that the industrial function of the zone or the amenity of the land in any residential zone in the vicinity is not adversely affected, and

(c)  to ensure that any industrial development provides an acceptable amenity for the land in any residential zone in the vicinity, and

(d)  to encourage economic growth and employment, and

(e)  to ensure that development within the zone does not detract from the economic viability of existing commercial centres in Zone 3 (a) within the City of Rockdale.

Without Development Consent

Exempt development.

Only With Development Consent

Any development that is not allowed without development consent or prohibited.

Prohibited

Development for the purpose of:

Amusement centres; amusement parks; backpackers’ accommodation; boarding houses; caravan parks; child care centres; dwelling houses and dual occupancies (unless ancillary to and used in conjunction with other buildings or land uses not prohibited in this zone); educational establishments; extractive industries; gas holders and generating works; granny flat housing; guest houses; hazardous industries; hazardous storage establishments; hospitals; hostels; hotels; housing for older people or people with a disability; industries (other than light industries); institutions; junk yards; liquid fuel depots; medium density housing; mines; mixed use premises; motels; motor showrooms; offensive industries; offensive storage establishments; public buildings; racecourses; residential flat buildings; restaurants; roadside stalls; sawmills; shops (if ancillary to and used in conjunction with manufacturing land uses prohibited in this zone or they do not serve the daily convenience needs of the workforce of land within the industrial zones); showgrounds; stock and sale yards; tourist facilities.

cl 42: Am 13.8.2004; 2006 (481), Sch 1 [12].

Division 2 Special provisions for industrial development

43 Minimum allotment size

Objective of the provision

To provide for the development of land at a density that is in accordance with the land’s environmental capacity and zone objectives.

(1)  A building is not to be erected or used in Zone 4 (b) for the purpose of an industry, unless the allotment on which the building is erected or used has an area of not less than 840 square metres and a frontage of not less than 18 metres to a road.

(2)  Nothing in subclause (1) operates to prohibit the erection or use of a building in Zone 4 (b) for the purpose of an industry where the land on which the building is to be erected or which is to be used was in existence as a separate parcel of land on 30 March 1973.

44 Floor space ratio

Objective of the 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.

(1)  Consent is not to be granted to the erection of a building on land within Zone 4 (b) if the floor space ratio will exceed 1:1.

(2)    (Repealed)

cl 44: Am 2006 (481), Sch 1 [13].

45 (Repealed)

cl 45: Rep 2006 (481), Sch 1 [14].

46 Commercial premises or bulky goods showrooms in the Industrial zone

Consent must not be granted to development for the purpose of commercial premises or bulky goods showrooms on land within Zone 4 (b) unless the consent authority is satisfied that:

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

(b)  to grant consent would not, by reason of the number of commercial premises or retail outlets which exist or are proposed on land within that zone, compromise the predominantly industrial nature of the zone, and

(c)  the proposed development will not detrimentally affect the viability of any commercial centre.

47 Development in the Industrial zone fronting State or regional roads

Consent must not be granted to development on land within Zone 4 (b) having frontage to a State or regional road unless:

(a)  all vehicular access to the land will be by way of a service lane or road other than the arterial road, or

(b)  where such alternative access cannot be reasonably provided, the consent authority is satisfied that to grant consent would not result in the interference in the free flow of traffic along the State or regional road by reason of vehicles entering or leaving the land, or from parking congestion.

cl 47: Am 2006 (481), Sch 1 [15].

48 Foreshore building line

(1)  A foreshore building line applies for the purposes of this plan and is indicated by a broken black line on the map and identified on the map by the lettering “FBL”.

(2)  The erection of a building and the carrying out of a work are prohibited between the foreshore building line and mean high water mark, except where, in the opinion of the consent authority, the development will be consistent with rehabilitation of the terrestrial and aquatic ecosystem.

(3)  Notwithstanding subclause (2), redevelopment of existing built structures already located between the foreshore building line and mean high water mark, may be undertaken, with development consent, but only within the existing building footprint.

(4)  Before granting consent to development referred to in subclause (3), the consent authority must take into consideration the following:

(a)  whether the development will cause pollution or siltation of the waterway,

(b)  whether the development will have any adverse effects on surrounding uses, marine habitat, wetland areas or flora or fauna habitats,

(c)  whether the development will have any adverse effect on drainage patterns,

(d)  the appearance of the development from both the waterway and adjacent foreshore areas.

Part 5 Special uses

Division 1 Special Uses zone

49 Special Uses zone particulars

The following particulars apply for the special uses zone.

Zone 5   Special Uses zone

Objectives of the Zone

(a)  to enable the use of public or private land for a public purpose, and

(b)  to allow for uses ancillary to the predominant use of the land, and

(c)  to allow a range of uses compatible with the existing predominant use of the land and surrounding land uses, and

(d)  to allow uses where the land or a portion of the land is no longer required for the particular use for which the land is zoned.

Without Development Consent

Exempt development.

Only With Development Consent

Development for the purpose of:

the particular land use indicated by red lettering on the map; land uses which are ancillary or incidental to that land use; child care centres; community facilities; drainage; open space; roads; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

cll 49: Am 13.8.2004.

Division 2 Special provisions for Special Uses zone

50 Development of land zoned Special Uses

(1)  Regardless of clause 49, nothing in this plan prevents a person, with development consent, from carrying out any development on land within Zone 5, if in the opinion of the consent authority, it is consistent with the objectives of the adjoining zone and would be compatible with the existing and likely future character and amenity of adjoining zones in terms of:

(a)  its scale, bulk, design, height, siting and landscaping,

(b)  its operation,

(c)  traffic generation and car parking,

(d)  noise, light, dust and odour nuisance,

(e)  privacy, and

(f)  hours of operation.

(2)  Consent shall not be granted as referred to in subclause (1) unless the consent authority is satisfied that such development will not prevent the use of the land for the purpose for which it is zoned.

Part 6 Open Space

Division 1 Open Space zones

51 Open Space zone particulars

The following particulars apply for open space zones:

Zone 6 (a)   Existing Open Space zone

Objectives of the Zone

(a)  to identify public land owned or managed by the Council (or another public authority) and used or intended for use for open space and public recreational purposes, and

(b)  to enable development of land for open space and recreational purposes, and

(c)  to facilitate other ancillary or related purposes which will encourage the enjoyment of land zoned for local recreation.

Without Development Consent

Development for the purpose of:

bushfire hazard reduction, gardening and landscaping works.

Exempt development.

Only With Development Consent

Development for the purpose of:

agriculture; beach and foreshore restoration works; buildings used for bushfire hazard reduction, gardening or landscaping; child care centres; drainage; recreation areas; roads; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

Zone 6 (b)   Private Recreation zone

Objective of the Zone

To identify privately owned land used, or able to be used, for private recreational facilities.

Without Development Consent

Development for the purpose of:

bushfire hazard reduction; gardening and landscaping works.

Exempt development.

Only With Development Consent

Development for the purpose of:

buildings used for bushfire hazard reduction, gardening and landscaping; clubs; community facilities; public transport facilities; recreation areas; roads; utility installations other than gas holders or generating works.

Prohibited

Any development that is not allowed without or only with consent.

cll 51: Am 13.8.2004.

Division 2 Special provisions for open space land

52 Development in Zone 6 (a)

Consent must not be granted to development on land in Zone 6 (a) unless the consent authority has taken into consideration all of the following:

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

(b)  whether the impact of the proposed development will be detrimental to the existing or future use of the land,

(c)  whether the proposed development will be secondary and complementary to the existing use of the land for public recreation,

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

(e)  whether the proposed development is consistent with any plan of management, adopted by the Council, and

(f)  whether the height and bulk of any proposed building or structure has regard to existing vegetation and topography of the land.

Part 7 Reservations

53 Acquisition of reserved land

(1)  An owner of land zoned as specified in the Table to this subclause may request the public authority, specified in the Table opposite the description of that zoning, to acquire that land. The request must be in writing. On receipt of the request, the public authority concerned must, subject to the provisions of this Part, acquire the land.

Table

Zone	Public authority
Zone 7 (a)—Open Space Reservation	The Council
Zone 7 (b)—Special Use (Car Parking Area) Reservation	The Council
Zone 7 (b)—Special Use (Educational Establishment) Reservation	Department of Education and Training
Zone 7 (b)—Special Use (Sydney Water) Reservation	Sydney Water Corporation Limited
Zone 7 (c)—Transport Reservation	Roads and Traffic Authority
Zone 7 (d)—Local Road Reservation	The Council
Zone 7 (e)—Regional Open Space Reservation	The corporation under the Act

(2)  Nothing in this plan prevents a person, with development consent, from carrying out any development on reserved land, if in the opinion of the consent authority, it is consistent with the objectives of the adjoining zone and would be compatible with the existing and likely future character and amenity of adjoining zones in terms of:

(a)  its scale, bulk, design, height, siting and landscaping,

(b)  its operation,

(c)  traffic generation and car parking,

(d)  noise, light, dust and odour nuisance,

(e)  privacy, and

(f)  hours of operation.

(3)  Consent must not be granted as referred to in subclause (2) unless the consent authority is satisfied that such development will not prevent the use of the land for the purpose for which it is zoned.

(4)  Consent must not be granted, as referred to in subclause (2), to the development of land to be acquired by a public authority other than the Council, unless the Council obtains the concurrence of the public authority which may be or is required to acquire the land.

(5)  Despite subclause (4), consent may be granted without concurrence to development of a minor nature being carried out by the public authority which may be or is required to acquire the land, under such terms and conditions as are agreed to by the public authority which is to acquire the land.

(6)  The Council may, in granting consent as referred to in subclause (2) or (5), impose conditions requiring:

(a)  the subsequent removal of any building or works for which it has granted consent, or

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

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

(a)  the need for the relevant public purpose to be carried out on the land,

(b)  the likely effect of the proposed development on the cost of acquisition,

(c)  the imminence of acquisition, and

(d)  whether refusal to grant concurrence would cause undue financial hardship to any owner, mortgagee or lessee of the land.

(8)  For the purpose of calculating the floor space ratio of buildings on any land, the consent authority may include, as part of the site area, any part of the land within Zone 7 (c) (the Transport Reservation zone) or 7 (d) (the Local Road Reservation zone), but only if the land within that zone is dedicated, at no cost to the public authority concerned, for the purpose for which it is reserved.

54 Acquisition of certain land reserved by Council

(1)  Despite clause 53 (1), the Council is required to acquire the land only if:

(a)  the request for acquisition is served in accordance with the expenditure program included in the Council’s section 94 contributions plan or a works program current at the time of the receipt of the notice, or

(b)  the Council or other consent authority has decided not to grant consent to the carrying out of development on the land, on the basis of a matter specified in subclause (3), or

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

(2)  Nothing in this Part requires the Council to acquire land that might reasonably be required to be dedicated for:

(a)  local recreation, in the case of land in Zone 7 (a), or

(b)  the special use concerned, in the case of land in Zone 7 (b), or

(c)  local roads, in the case of land in Zone 7 (d).

(3)  In deciding whether to grant consent to proposed development on land within Zone 7 (a), 7 (b) or 7 (d), the consent authority must take the following matters into consideration:

(a)  in the case of land in Zone 7 (a), the need to use the land for the purpose of local recreation, and

(b)  in the case of land in Zone 7 (b), the need to use the land for the purpose of a special use, and

(c)  in the case of land in Zone 7 (d), the need to use the land for the purpose of local roads, and

(d)  the imminence of acquisition, and

(e)  the likely additional cost to the Council resulting from the carrying out of the proposed development.

(4)  Land acquired under this Part may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.

55 Acquisition of certain land reserved by the Roads and Traffic Authority

(1)  Despite clause 53 (1), the Roads and Traffic Authority is required to acquire the land only if:

(a)  the land is included within a 5 year works program of, or such other works program as is determined to be applicable to the land by, the Roads and Traffic Authority and publicly notified for the time being, or

(b)  the Roads and Traffic Authority has decided not to give a concurrence required by clause 53 (4) to a consent to carry out development on the land, or

(c)  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, or

(d)  the land is vacant.

(2)  In considering whether to grant a concurrence required by clause 53 (4), the Roads and Traffic Authority must take into consideration:

(a)  each of the matters it is required to consider by clause 53 (7), and

(b)  the likely additional cost of carrying out the proposed road works resulting from the carrying out of the proposed development.

Part 7A Mixed use areas

pt 7A: Ins 2006 (481), Sch 1 [16].

Division 1 Mixed Use zones

pt 7A, div 1: Ins 2006 (481), Sch 1 [16].

pt 7A, div 1, note: Ins 2006 (481), Sch 1 [16]. Rep 2006 No 120, Sch 2.83.

55B Mixed Use zone particulars

The following particulars apply for the mixed use zones:

Zone 10 (a1)   Mixed Use (Railway Precinct) zone

1 Objectives of the Zone

(a)  to encourage a mixture of land uses (such as office, commercial, retail, residential, tourist, and transport), to create a sustainable, vibrant and high-quality precinct that responds to the land’s proximity to major transport infrastructure and the Sydney CBD, and

(b)  to maximise the amount of permanent employment on the land and the use of public transport by requiring the provision of a minimum component of non-residential floor space on the land, and

(c)  to optimise development of the area, while minimising adverse environmental impact on the river, open space areas and any pedestrian plaza, and

(d)  to allow residential development as an integral part of the overall mixed development theme, and

(e)  to encourage the provision of spaces or structures that can adjust to needs arising from changing uses over time, ie flexible space, and

(f)  to provide for a place to accommodate the day-to-day shopping and service needs of the local communities, but not in the form of a regional shopping centre, major supermarket or bulky goods facility, and

(g)  to provide for a range of recreational needs by establishing public access to useable open space and pedestrian plaza areas as a requirement of the development of the land, and

(h)  to ensure access to and use of the Wolli Creek railway station and other public transport through building and public domain design and the control of parking within the area, and

(i)  to provide appropriate vehicular and pedestrian access and circulation to adequately service future development, by requiring the provision of new roads and upgrading of the existing road network where necessary within the zone, and

(j)  to provide for the development of a pedestrian plaza adjacent to the new railway station as the community focus for the area and to encourage uses within the plaza, and land uses around it (such as shops), which generate pedestrian activity, and

(k)  to provide public pedestrian access along the Cooks River foreshore and ensure that access is enhanced through connection with existing pedestrian and open space networks, and

(l)  to encourage the design of development to include access for people with a disability and subsequently broaden employment, recreational and residential opportunities for people with a disability within the community, and

(m)  to recognise that land within the zone is flood prone and potentially contaminated and ensure that future development will be adequately protected from these risks, and

(n)  to ensure that the future development of land within the zone will meet other environmental requirements relating to stormwater management, waste disposal, noise and vibration, air and water quality and energy efficiency, and

(o)  to ensure sufficient solar access to all pedestrian plazas to encourage them to be pleasant and inviting public places with active street frontages, and

(p)  to ensure that adverse wind conditions in streets, public spaces and private open space are minimised through appropriate built form to provide pedestrian comfort in these spaces, and

(q)  to allow “air space” development over the railway station but only where it is compatible with the efficient use of, and provides convenient pedestrian access to, the station and will not adversely impact on the pedestrian plazas, and

(r)  to allow for the staged development of the land, subject to safeguards that will ensure the land is ultimately developed in accordance with other specified objectives, and the land use controls and development requirements, and

(s)  to require the conservation and appropriate use of heritage items within the area as an integral part of the development of the area and, in particular, to ensure the restoration of Tempe House and the adjacent Chapel is carried out at an early stage in the development of land within the zone, and

(t)  to allow Tempe House and its site to be used for purposes which are compatible with the house’s heritage significance, and

(u)  to require the provision of reasonable public access to Tempe House and its site, consistent with the purposes for which the house will be used, and

(v)  to preserve views to and from the Tempe House site, especially between Tempe House and the Cooks River, and

(w)  to ensure that the development on the Tempe House site itself, and of land in the vicinity of the site, will respect the heritage significance of the site, and

(x)  to allow the erection of new buildings within the Tempe House site, but only if such buildings will be compatible with the heritage significance of the site and consistent with a conservation management plan for the site.

2 Without Development Consent

Exempt development.

3 Only With Development Consent

Development for the purpose of:

backpackers’ accommodation; boarding houses; bus stations; car parking areas; child care centres; cinemas; clubs; commercial premises; community facilities; drainage and flood mitigation works; dwelling houses; dwellings; educational establishments; flexible space (as defined in clause 55C); home industries; home occupations; hospitals; hotels; housing for older people or people with a disability; light industries; mixed use premises; motels; open space; places of assembly; places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; recreation facilities (as defined in clause 55C); residential flat buildings; restaurants; roads; service stations; shops; showrooms (as defined in clause 55C); telecommunications facilities; utility installations other than gas holders or generating works.

4 Prohibited

Any development that is not allowed without or only with consent.

Zone 10 (a)   Mixed Use zone

1 Objectives of the Zone

(a)  to take advantage of the construction of the new Wolli Creek railway station in the locality by requiring the land within the zone to be developed in an orderly and efficient manner to its optimum potential, and

(b)  to maximise the amount of permanent employment within the zone, and

(c)  to permit development for the purpose of bulky goods showrooms on the Princes Highway, but otherwise allow retail development only if it is intended to serve the Wolli Creek area, and

(d)  to allow new buildings only if they will achieve a high standard of urban design, and

(e)  to require residential development to include an area of useable open space within the land for the benefit of the occupants, and

(f)  to ensure that the use of land within the zone will not result in any significant adverse impacts from or on the uses of other land in the immediate vicinity, and

(g)  to ensure that development of land will not unreasonably restrict or inhibit the future development of adjoining land, and

(h)  to promote optimum development while minimising adverse environmental impacts by facilitating the efficient use of and access to the Wolli Creek railway station and transport interchange and by controlling the amount of car parking within any development, and

(i)  to provide for adequate vehicular and pedestrian circulation and access and to ensure streetscapes are of a high visual standard, and

(j)  to ensure that future development will meet environmental requirements relating to flood prone land, stormwater management, waste management, noise and vibration, air and water quality and energy efficiency, and

(k)  to ensure that development will have due regard to the heritage significance and setting of the heritage item known as the Tempe House precinct through appropriate building design and landscaping, and

(l)  to ensure that new development on the corner of the Princes Highway and Gertrude Street opens up and addresses views to Cahill Park and the Cooks River and does not adversely impact on the function and character of Cahill Park, and

(m)  to ensure that development in Gertrude Street and Innesdale Road does not adversely impact on existing residential development on the southern side of Innesdale Road, and

(n)  to provide for the long term traffic access and circulation needs of the Wolli Creek area by limiting access and controlling development on land which will be required for new roads or the widening of existing roads.

2 Without Development Consent

Exempt development.

3 Only With Development Consent

Development for the purpose of:

airline terminals; backpackers’ accommodation; boarding houses; bulk stores; bulky goods showrooms; bus stations; child care centres; clubs; commercial premises (other than public car parks within the meaning of the Local Government Act 1993); community facilities; drainage or flood mitigation works; dwellings; educational establishments; home industries; home occupations; hospitals; hotels; housing for older people or people with a disability; light industries; mixed use premises; motels; motor showrooms; open space; places of assembly; places of public worship; professional consulting rooms; public buildings; public transport facilities; recreation areas; residential flat buildings; restaurants; roads; service stations; shops (intended to serve the Wolli Creek area); telecommunications facilities; utility installations other than gas holders or generating works; warehouses.

4 Prohibited

Any development that is not allowed without or only with consent.

cl 55B: Ins 2006 (481), Sch 1 [16].

Division 2 Special provisions for mixed use development

pt 7A, div 2 (cll 55C, 55D): Ins 2006 (481), Sch 1 [16].

55C Development in Zone 10 (a1)

(1)  In this clause:

development site means an area of land identified by a number or a title on the Land Use Diagram.

flexible space means space within a building that can be used as either residential or commercial space (or a combination of both) by virtue of its design and dimensions.

height, in relation to a building, means the distance above the Australian Height Datum (AHD) to the topmost point of the building.

Height Control Diagram means Diagram 2 in Part 1 of Schedule 2.

Land Use Diagram means Diagram 3 in Part 1 of Schedule 2.

non-residential development means development otherwise than for the purpose of dwellings, residential flat buildings or flexible space.

recreation facility means a building or place used for indoor recreation, and includes a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building or place of like character used for recreation and whether used for gain or not, but does not include a place of assembly.

showroom means a building used for the display of goods offered for sale and includes a motor showroom.

Tempe House precinct means the heritage item referred to as the “Tempe House precinct” and being the land shown edged heavy black in Diagram 1 at the end of Part 2 of Schedule 1.

Tempe House site means the area of land containing and immediately surrounding the Tempe House building and the Chapel being the land shown with broad diagonal hatching on the Land Use Diagram.

Underground Areas Diagram means Diagram 4 in Part 1 of Schedule 2.

(2) Erection of buildings or carrying out of works Despite any other provision of this plan, consent must not be granted to the erection of a building or the carrying out of a work on land in Zone 10 (a1) within any development site unless:

(a)  the application is for the development of the whole of the development site or consent has already been granted to such an application, and

(b)  in the case where the consent is for a staged development application within the meaning of section 83B of the Act—the application clearly identifies the location, height, bulk, gross floor area and the principal uses of all proposed buildings on the development site, and

(c)  the development of the site will be consistent with:

(i)  the objectives for development of land within Zone 10 (a1) as contained in clause 55B, and

(ii)  the objectives for development of that site, as indicated in Column 2 of Part 2 of Schedule 2, and

(iii)  the objectives of any development control plan applying at the commencement of this clause to the land on which the development site is located, and

(d)  the development is listed in Column 3 of Part 2 of Schedule 2 as development that may be carried out on the development site, and

(e)  the gross floor area of all buildings on all of the development sites will not exceed 167,504m², and

(f)  the maximum gross floor space for the development site as indicated in Part 3 of Schedule 2 will not be excluded, and

(g)  either:

(i)  the minimum non-residential gross floor space for the development site as indicated in Part 4 of Schedule 2, or

(ii)  a development consent is in force for the development of at least 54,337m² of non-residential gross floor area on all land in Zone 10 (a1), and

(h)  the number of underground car parking spaces on land in Zone 10 (a1) will not exceed 2,210, and

(i)  the total retail floor space on land within Zone 10 (a1) will not exceed 14,000m² of gross floor area, and

(j)  if the development site includes the pedestrian plaza area and foreshore, practical arrangements in accordance with a staging plan have been made to the satisfaction of the Council for the provision of landscaping and embellishment of the pedestrian plaza area and foreshore.

(3) Height controls Consent must not be granted to the erection of a building on land within Zone 10 (a1):

(a)  if the height of the building exceeds the height specified on the corresponding part of the Height Control Diagram, or

(b)  even though the building complies with paragraph (a), if the height of the building, in combination with the heights of existing or future buildings in the area, will reduce sunlight to major open spaces, plazas or communal private open spaces to less than 2 hours between 9 am and 3 pm as calculated on 21 June in any year.

(4) Subdivision of land Despite any other provision of this plan, consent must not be granted to the subdivision of any land in Zone 10 (a1) that is within a development site unless:

(a)  the subdivision is to be carried out as part of or in conjunction with development for which consent is granted in accordance with subclause (2), or

(b)  practical arrangements have been made, to the satisfaction of the Council, to meet the requirements for the provision of services applying to the development of the development site, being the requirements specified in any development control plan applying to the site at the commencement of this clause.

(5) Use of buildings or land Despite any other provision of this plan, consent must not be granted to allow the use of any building or a work in Zone 10 (a1) that is within a development site for any purpose:

(a)  unless the erection of that building or the carrying out of the work is or was subject to a consent in accordance with subclause (2), and

(b)  unless the use concerned is development indicated in Column 3 of Part 2 of Schedule 2 in relation to the development site within which it is to be located, and

(c)  unless the consent authority is satisfied that the use is consistent with:

(i)  the development objectives for Zone 10 (a1) as contained in clause 55B, and

(ii)  the objectives applying to that development site, as indicated in Column 2 of Part 2 of Schedule 2, and

(d)  unless either:

(i)  the consent authority is satisfied that the minimum non-residential gross floor space for the development site as indicated in Part 4 of Schedule 2 will be met, or

(ii)  a development consent is in force for development of at least 54,337m² of non-residential gross floor area on the land within Zone 10 (a1).

(6) Road access The consent authority shall not consent to any subdivision of land within Zone 10 (a1) or to the erection of any building on the land, unless practical arrangements have been made via a staging plan, to the satisfaction of the Council, for the physical provision of:

(a)  an adequate system of road access and traffic circulation on the land, and

(b)  adequate road access between the land and the existing road system (including the arterial road system), and

(c)  access arrangements and infrastructure in a manner which achieves a high level of amenity, sufficient to service the land as it may be fully developed in accordance with the provisions of this clause.

(7) Parking Development for the purpose of underground parking may be carried out, with consent, on land shown stippled in Diagram 4 in Part 1 of Schedule 2 but only if:

(a)  all parking spaces are wholly located beneath the finished ground level, or beneath the podium level of any building on the land, and

(b)  the consent authority is satisfied that all infrastructure servicing the underground parking area, such as vehicular entrances and exits and ventilation, required to be above finished ground level is as unobtrusive as practicable and does not detract from the heritage significance of any heritage item.

(8)  Consent may be granted for above ground parking only if the parking spaces are not above finished ground level and the consent authority is satisfied that conditions of the consent will prevent the spaces from being occupied by the vehicles of railway commuters while they are predominantly absent from land to which this clause applies.

(9) Savings Nothing in this plan prevents the consent authority from separately consenting to development within Zone 10 (a1) for:

(a)  any purpose which is of a minor or temporary nature and which it is satisfied will not jeopardise the future development of the land in accordance with the provisions of this clause, or

(b)  the purpose of providing infrastructure, utility installations or public facilities within the land, including any roads, the pedestrian plazas or the foreshore open space, in accordance with the Land Use Diagram, or

(c)  alterations to any building or work which has already been constructed in accordance with a consent granted in compliance with subclauses (2) and (3), or

(d)  the purpose of conserving the Tempe House precinct, to the satisfaction of the Council and the Heritage Council of New South Wales.

pt 7A, div 2 (cll 55C, 55D): Ins 2006 (481), Sch 1 [16].

55D Development in Zone 10 (a)

(1)  In this clause:

development site means an area of land shown edged heavy black in Diagram 5 or 6 in Part 1 of Schedule 2.

non-residential floor space means any gross floor area within a building that is not used as:

(a)  a dwelling, or

(b)  access or a common area in conjunction with, and exclusively by, one or more dwellings.

(2) Building height Consent must not be granted to the erection of a building on land within Zone 10 (a) unless the number of storeys within the building will not exceed the maximum specified for that building in Rockdale Development Control Plan No 62—Wolli Creek as approved by the Council on 15 March 2006.

(3) Floor space ratios Consent must not be granted to the erection of a building on any land within a development site identified in Diagram 5 in Part 1 of Schedule 2 unless:

(a)  the combined gross floor area of all buildings to be erected on the development site will not exceed the floor space ratio specified for that development site in that Diagram, and

(b)  the combined non-residential floor space within all such buildings will not be less than 40% of the combined gross floor area of those buildings, and

(c)  the combined non-residential floor space within all such buildings that is not used as serviced apartments (including any access or common areas used in conjunction with, and exclusively by, those serviced apartments) will not be less than 32% of the combined gross floor area of those buildings.

(4)  Consent must not be granted to the erection of a building on land within a development site identified in Diagram 6 in Part 1 of Schedule 2 unless:

(a)  the combined gross floor area of all buildings to be erected on the development site will not exceed the floor space ratio specified for that development site in that Diagram, and

(b)  if the building is situated immediately adjacent to Gertrude Street or the Princes Highway—the ground floor level of the building will be used as non-residential floor space (other than any floor space used to provide access to another floor level).

(5) Development on part of development site Consent must not be granted to the erection of a building on part a development site unless the applicant has demonstrated, to the satisfaction of the consent authority, that the whole of the development site can be developed generally in accordance with the provisions of a development control plan applying to the whole of the site. In doing so, the applicant is required to provide documentation that clearly demonstrates or deals with the following:

(a)  the proposed location, height, gross floor area and use of all buildings to be erected on the development site,

(b)  the number and location of car parking spaces and loading facilities proposed to be provided on the development site, the manner in which such car parking and loading facilities will be allocated and the proposed means of vehicular access to and from those facilities,

(c)  the proposed location of outdoor recreation space and landscaped areas that are to be provided on the development site.

(6) Vehicular access and road networks Consent must not be granted for development on land shown edged heavy black in Diagram 7 in Part 1 of Schedule 2 if the development will involve the provision of direct vehicular access between that land and those parts of Arncliffe Street, Brodie Spark Drive, the Princes Highway and the local road reservation shown edged with a broken black line in that Diagram.

(7)  Consent must not be granted for development on land within Zone 10 (a) shown edged heavy black in Diagram 7 in Part 1 of Schedule 2 unless all vehicular access to that land will be by way of an access road (or a temporary access required until the access road is constructed and connected to an existing road).

(8)  Consent must not be granted for development on land shown edged heavy black in Diagram 8 in Part 1 of Schedule 2 unless all vehicular access to the development will be provided from:

(a)  Robert Lane, in the case of land shown stippled on the Diagram, or

(b)  Innesdale Lane, in the case of land shown hatched on the Diagram, or

(c)  Innesdale Road, in the case of land shown cross-hatched on the Diagram.

pt 7A, div 2 (cll 55C, 55D): Ins 2006 (481), Sch 1 [16].

Part 8 Heritage conservation

56 Objectives of the heritage provisions

The objectives of this Part are:

(a)  to conserve the environmental heritage of the City of Rockdale, and

(b)  to integrate heritage conservation into the planning and development control processes, and

(c)  to provide for public involvement in the conservation of the area’s environmental heritage, and

(d)  to ensure that any development does not adversely affect the heritage significance of heritage items and their settings.

57 Protection of heritage items, heritage conservation areas and relics

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

(a)  demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b)  altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior,

(c)  altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,

(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

(e)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

(2)  Development consent is not required by this clause if the consent authority 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 consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

(4)  A development consent required by this clause is not to be granted unless the consent authority has considered, in the case of proposed development involving a heritage item of State or regional significance, a conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting.

58 Notice of certain heritage development applications

(1)  Demolishing, defacing or damaging a heritage item or a building, work, relic, tree or place within a heritage conservation area (and the use of a building as referred to in clause 61 which, but for that clause, would be prohibited by this plan) are advertised development, for the purposes of the Act.

(2)  Subclause (1) does not apply to development which is referred to in clause 61 (2).

(3)  Before granting consent for the demolition of a heritage item, the consent authority must notify the Heritage Council about the application and take into consideration any comments received in response within 28 days after the notice is sent.

(4)  Subclause (1) does not apply to the partial demolition of a heritage item or a building or work within a heritage conservation area if, in the opinion of the consent authority, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item or heritage conservation area.

59 Development of known or potential archaeological sites

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

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

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

(2)  The consent authority may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal significance only if:

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

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

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

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

61 Conservation incentives relating to heritage items

(1)  Nothing in this plan prevents the consent authority from granting consent to the use for any purpose (except for the purpose of a brothel) of a building, work or place that is a heritage item, if it is satisfied that:

(a)  the use would have little or no adverse effect on the amenity of the area, and

(b)  conservation of the heritage item depends on the granting of consent to the proposed use.

(2)  The consent authority, when considering an application for consent to erect a building or buildings on land upon which there is a heritage item, may exclude from its calculation of the floor space of the building or buildings to be erected on the land, the floor space of the heritage item:

(a)  for the purpose of determining the floor space ratio or the residential density and landscaped area, and

(b)  for the purpose of determining the number of car parking spaces to be provided on the site,

but only if the consent authority is satisfied that the conservation of the heritage item depends on granting an exclusion under this subclause.

62 Development of the land within the Tempe House precinct

(1)  This clause applies to all of the land within the Tempe House precinct.

(2)  In this clause:

Tempe House precinct means the heritage item referred to as the “Tempe House precinct”, being the land shown edged heavy black in Diagram 1 in Part 2 of Schedule 1.

Tempe House view corridor means the area of land between Tempe House and the Cooks River foreshores located within the view lines identified in Diagram 3 in Part 1 of Schedule 2.

(3)  Consent must not be granted for any development on land to which this clause applies unless:

(a)  the consent authority is satisfied that the development will not be incompatible with the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of any heritage item or its setting, and

(b)  the consent is given subject to conditions requiring:

(i)  the preservation and restoration of any heritage item situated on the land, and

(ii)  the preservation and restoration (or, where in the opinion of the consent authority this is not possible, the detailed recording) of any other building, work, relic, vegetation or landscape feature situated on the land which in the opinion of the consent authority is of heritage significance, and

(iii)  the retention and embellishment of the Tempe House view corridor, to the extent (if any) that the view corridor may be affected by the proposed development.

(4)  Consent must not be granted to the erection of any building within the Tempe House precinct unless the consent authority is satisfied that the conservation and appropriate use of the Tempe House precinct is dependent on the consent being granted.

(5)  However, nothing in this clause prevents the consent authority from consenting to development of a minor or temporary nature which, in the opinion of the consent authority, does not adversely affect the heritage significance of the Tempe House precinct.

cl 62: Ins 2006 (481), Sch 1 [17].

Schedule 1

(Clause 8)

Part 1 Archaeological sites

There are no archaeological sites.

Part 2 Heritage items

Address	Suburb	Property description	Item name
Abercorn Street, 17	Bexley	Lot 62, DP 1594	Stone cottage
Abercorn Street, 68A	Bexley	Lot A, DP 378177	Federation house
Abercorn Street, 78	Bexley	Lot 3, DP 984963	Federation house
Albyn Street, 10	Bexley	Lot 101, DP 865721	Dunvegan
Argyle Street, 13 (alternate address—Short Street, 4)	Carlton	Cnr Lot 18, Sec 1, DP 2122	Carlton School of Arts
Arncliffe Street, 18 and 20	Wolli Creek	Lot 5, DP 86820, Lot 1, DP 530513, Lot 2, DP 508308 and part Argyle Street roadway	Southern and Western Suburbs Ocean Outfall Sewer (SWSOOS) aqueduct
Atkinson Street, 26	Arncliffe	Lot A, DP 371048	Sandstone Federation cottage
Bay Street, 11	Rockdale	Cnr Lot 1, DP 798278	Uniting Church and buildings
Beaconsfield Street, 2–2A	Bexley	Lot C, DP 4000028	Bayview Lodge
Beaconsfield Street, 6	Bexley	Lot 5B, DP 329521	House
Beaconsfield Street, 16A	Bexley	Lot 50, Sec 13, DP 1680	Seaforth Park
Bennett Street, 9	Kingsgrove	Lot D, DP 382653	Pembroke Cottage
Bestic Street, 58	Rockdale	Cnr Lot 1, Sec 11, DP 1677	Rock Lynn
Bexley Road, 369D and 369F	Bexley		Bardwell Creek Flora Reserve (south of Bexley Road)
Bexley Road, 369E	Bexley		Former quarry
Bexley Road, 389	Bexley	Lots 1 and 2, DP 119398 and Lots 1 and 2, DP 559733	Donnans Reserve
Bowmer Street, 15	Banksia	Lot 30, Sec D, DP 1771	Sandstone Victorian cottage
Brennans Road, 9	Arncliffe	Cnr Lot 3, DP 10357	Cottage, Federation house
Brighton Parade 3, 5, 9, 11, 23 and 33	Brighton-Le-Sands		Houses—Brighton Parade precinct
Broadford Street, 80	Bexley	Lot 6, DP 651338	Montrose (main house only)
Bruce Street, 42	Bexley	Lot A, DP 410796	Victorian terrace
Bruce Street, 56	Bexley	Lots 8–11 and 25–29, Sec 9, DP 1763	Barwell Park and Botanical Gardens
Caledonian Street	Bexley		Street plantings
Cameron Street, 15	Banksia	Lot 11, Sec 12, DP 2248	House
Cameron Street, 85–89	Rockdale	Cnr Lots 1–4, Sec 4, DP 1677	Roslyn Hall
Carlton Parade, 92	Carlton	Lot 2, DP 958201	Carlton House
Carlton Street, 1	Arncliffe	Cnr Lot 6, DP 1850	Newstead
Carrington Street, 4	Bexley	Lot 1, DP 944944	Federation house
Chandler Street, 23	Rockdale	Lot B, DP 343582	Banbury Cottage
Clareville Avenue (cnr Russell Avenue)	Sans Souci		Tram route relics, tram shelter, island and plantings
Connemarra Street (opposite Nos 1 and 28)	Bexley		Sewer vents
Connemarra Street, 12	Bexley	Lot 1, DP 902728	Sandstone and brick Federation cottage
Connemarra Street, 49	Bexley	Lot 282, DP 811807	Semi-detached dwelling
Connemarra Street, 50	Bexley	Lot B, DP 33681	Victorian house
Connemarra Street, 51	Bexley	Lot 281, DP 811807	Semi-detached dwelling
Connemarra Street, 71	Bexley	Lot 31, Sec 17, DP 1680	Stone house
Crawford Road, 35	Brighton-Le-Sands	Lots 1 and 2, DP 194470	School building (1916)—Brighton-Le-Sands Public School
Curtis Street, 1	Banksia	Cnr Lot A, DP 165784	Sandstone Victorian cottage
Curtis Street, 5	Banksia	Lot 1, DP 666244	Sandstone Victorian cottage
Curtis Street, 7	Banksia	Lot B, DP 165784	Sandstone Victorian cottage
Donnan Street, 8	Bexley	Lots 4 and 5, Sec B, DP 6266	Californian Bungalow house
Dowling Street, 5	Arncliffe	Lot 3, DP 853549	Victorian cottage
Dowling Street, 9	Arncliffe	Lot 1, DP 853549	Victorian cottage
Dowling Street, 19	Arncliffe	Lot 100, DP 859517	House
Downey Street, 14	Bexley	Cnr Lot A, DP 325231	John Downey’s Cottage
Duncan Street, 5	Arncliffe	Lot 47, Sec 2, DP 1633	Stone cottage
Duncan Street, 21	Arncliffe	Lot A, DP 186303	Paired house
Duncan Street, 23	Arncliffe	Lot B, DP 186303	Paired house
Duncan Street, 25	Arncliffe	Lot 39, DP 656048	Stone cottage
Dunmore Street, North	Bexley		Street plantings
Dunmore Street North, 1A, 1B and 1C	Bexley	Pt Lot 18, Sec 2, DP 1680, Lot 19, DP 1036 and cnr Lot 20, Sec 2, DP 1036	Christ Church Anglican Church and hall
Dunmore Street North, 12	Bexley	Lot 3, DP 412732	Federation house
Dunmore Street North, 14	Bexley	Lot 2, DP 412732	Federation house
Dunmore Street North, 18	Bexley	Cnr Lot 1, Sec 6, DP 1680	Ercildoune
Dunmore Street North, 20	Bexley	Lot B, DP 322348	Fairmont
Dunmore Street North, 29	Bexley	Lot B, DP 900366	House
Dunmore Street North, 33	Bexley	Lot B, DP 324948	Inter-war house
Dunmore Street North, 38	Bexley	Lot 4, DP 659447	Federation house
Dunmore Street North, 40	Bexley	Cnr Lot D, DP 414121	Federation house
East Street, 13	Bardwell Valley	Lot 5, DP 10685	Stone cottage
East Street, 15	Bardwell Valley	Lot 4, DP 10685	Stone Federation house
Eden Street, 27	Arncliffe	Lot X, DP 445298	Glenwood
Eden Street, 39	Arncliffe	Lot 1, DP 650148	Bard of Avon
Edward Street, 2	Turrella	Cnr Lot 1, DP 573087	Old St David’s Church
England Street, 15, Kings Road, 2B, Kurnell Street, 30A and 32. Bermill Street, 16, West Botany Street, 400.	Brighton-Le-Sands Rockdale		King’s Wetland
Ethel Street, 12	Carlton	Lot 8, Sec 20, DP 2122	Victorian terrace
Fairview Street (both sides), road reserve between Fripp Street and Wilson Road	Arncliffe		Palm trees
Fairview Street, 7	Arncliffe	Lot 20, DP 9096	Californian Bungalow house
Fairview Street, 21	Arncliffe	Lot 25, DP 9096	Californian Bungalow house
Fairview Street, 23	Arncliffe	Lot 26, DP 9096	Californian Bungalow house
Farr Street, 105	Rockdale	Lot 1, DP 971045	Sandstone Victorian cottage
Farr Street, 142	Rockdale	Sec 1, Lot 81, DP 1677	House
Firth Street*	Arncliffe		Item on State Heritage Register—Arncliffe Railway Station
Firth Street	Arncliffe		Street plantings
Firth Street, 35	Arncliffe	Lot 1, DP 1000369	Arncliffe Post Office
Firth Street (laneway between Nos 43 and 44 through to Stanley Street)	Arncliffe		Glenevie Lane
Firth Street, 45	Arncliffe	Lot B, DP 365141	Victorian shop and dwelling
Fleet Street, 52	Carlton	Lot 5, DP 533438	House
Forest Road (between St Georges Road and Waratah Street)	Bexley		Street plantings
Forest Road, 4–6	Arncliffe	Lot A, DP 323842	St Francis Xavier Church group
Forest Road, 26	Arncliffe	Cnr Lot 12, DP 580363	St Francis Xavier Catholic Presbytery
Forest Road, 30	Arncliffe	Lot 272, DP 830195	Rosslyn Hospital
Forest Road, 134–136	Arncliffe	Lot B, DP 372194, Pt Lot 49, Sec B, DP 933 and Lot C, DP 395258	Gladstone & Wentworth
Forest Road, 137	Arncliffe	Lot 50, DP 1919	House
Forest Road, 139	Arncliffe	Lot 49, DP 1919	Arncliffe preschool and kindergarten
Forest Road, 184	Arncliffe	Lot A, DP 343038	Coburra
Forest Road, 220	Arncliffe	Lots 3 and 8, DP 13853	Wilga
Forest Road, 224	Arncliffe	Lot 2, DP 13853	Californian Bungalow house
Forest Road, 267–269	Bexley	Lots 26 and 27, Sec 3, DP 1114 and Lot 4, DP 951021	St Andrew’s Church
Forest Road, 274	Bexley	Cnr Lot B, DP 384921	Ercildoune
Forest Road 330	Bexley	Lot 12, DP 857373	Bexley Primary School
Forest Road 339–377	Bexley	Lot 11, DP 857373	Original Bexley School buildings
Forest Road 476–476A	Bexley	Lots 81 and 82, DP 748688	Bexley School of Arts
Forest Road, 496	Bexley	Lot 1, DP 660880, Lot A, DP 314295 and Lots A and B, DP 325598	Victorian house
Forest Road, 500	Bexley	Lot B, Sec 5, DP 28102	House
Forest Road, 623–627	Bexley	Lots 108, 110 and 111, Sec D, DP 1195, Lot A, DP 372303 and Lot A, DP 342971	Milk Depot Group—Art Deco style commercial buildings
Forest Road, 626–628	Bexley	Cnr Lot 11, DP 520670	Bexley Congregation Church
Forest Road, 747	Bexley	Lot 1, DP 58600 and Lot 1, DP 782491	Original church building and convent only
Frederick Street, 73	Rockdale	Lots 97 and 98, DP 1353	Lincluden
General Holmes Drive, The Grand Parade	Kyeemagh, Brighton-Le-Sands, Monterey, Ramsgate Beach, Sans Souci Dolls Point, Sandringham		Cook Park
Gibbes Street, 11	Banksia	Lot 1, DP 900433	Part of single-storey terraced cottages known as Jackson’s Row
Gibbes Street, 18	Banksia	Lot 2, DP 984067	Part of single-storey terraced cottages known as Jackson’s Row
Gladstone Street	Bexley		Street plantings
Gladstone Street, 12	Bexley	Lot 2, DP 880870	Californian Bungalow house
Gladstone Street, 29	Bexley	Lot 34, DP 1680 and Lot 1, DP 913135	Bexley Uniting Church—Federation style (1926)
Gladstone Street, 31	Bexley	Lot 32, Sec 7, DP 1680	House
Gladstone Street, 33	Bexley	Lot 31, Sec 7, DP 1680	Tonbridge
Gloucester Street (southern side)	Rockdale		Palm trees on verge
Godfrey Street, 7	Banksia	Lot 53, Sec E, DP 1771 and Lot 54, DP 455079	Stone house
Godfrey Street, 29	Banksia	Lot 41, Sec E, DP 1771	Stone Victorian house
Grantham Street, 4	Carlton	Lot 101, DP 740911	Cottage (half of semi-detached dwelling)
Grantham Street, 51	Carlton	Lot 1, DP 73551	Cottage (single fronted Victorian cottage)
Grey Street, 26	Carlton	Lot 38, Sec 12, DP 2122	Wambrook
Hamilton Street, 2	Arncliffe	Lot 65, DP 9171	Californian Bungalow cottage (part of a street precinct)
Hamilton Street, 3	Arncliffe	Lot 38, DP 9171	Californian Bungalow cottage (part of a street precinct)
Hamilton Street, 30	Arncliffe	Cnr Lot 50, DP 9171	Californian Bungalow cottage (part of a street precinct)
Hannam Street, 28	Turrella	Lot 11, DP 1015728	Sandstone Victorian cottage incorporated in a modern dwelling
Hannam Street, 57	Arncliffe	Lot A, DP 325441	Forsythe
Harrow Road, 25–33 and 37	Bexley		Group of houses
Harrow Road, 35	Bexley	Lot 6, DP 22420	House
Harrow Road, 50	Bexley	Cnr Lot 1, DP 21617	St Elmo
Harrow Road, 62–82	Bexley	Cnr Lot 174, DP 715467	St George Bowling Club
Harrow Road, 77	Bexley	Cnr Lot 1, DP 219456	Italia
Harrow Road, 83	Bexley	Lot 1, DP 585490	Sierenza
Harrow Road, 87	Bexley	Lot 2, DP 902392	Federation house
Heathcote Street	Rockdale		Jacaranda trees
Heathcote Street, 11	Rockdale	Lot 1, DP 230535	Yamba Worra
Henderson Street, Part 75, Railway Lands, Part	Wolli Creek, Turrella	Part Lot 1, DP 775302, MS 16565 3000 SY, Lot 5, DP 431083 and part bed of Wolli Creek	Wolli Creek Wetlands
High Street, 5	Carlton	Lot 7, Sec 7, DP 2122	House
Hill Street, 56	Carlton	Cnr Lot E, DP 900655	Cottage
Hillcrest Avenue, 2A (part of Bardwell Valley Golf Course)	Bexley		Bardwell Creek Flora Reserve (north of Bexley Road)
Hirst Street, 39	Arncliffe	Lot 2, DP 556457	Federation house
Hirst Street, 79	Arncliffe	Lot 13, Sec C, DP 2996	Federation house
John Street, 29–31	Bardwell Valley	Lot 2, DP 67720	Mill Cottage
John Street, 40	Arncliffe	Lot 48, DP 222779, Lot 63, DP 627125 and Lot 3, DP 232421	Arncliffe Lookout
Kembla Street, 8	Arncliffe	Lot 21, DP 865131	House
King Street, 70	Rockdale	Lot 20, Sec 3, DP 1547	Victorian house
Kings Road	Brighton-Le-Sands	Lot 3, DP 525538, Pt Lot 1, DP 229723, Pt Lot 1, DP 214047, Pt Lots 1 and 2, DP 194470 and Pt Lot 194, DP 752056	Kings Wetland
Kingsgrove Avenue, 15 (Kingsgrove Avenue Reserve)	Kingsgrove		Brush Cherry (Syzygium Paniculatum)
Kingsland Road North, 120	Bexley North	Lot B, DP 347347	Glendalough
		Lot 52, DP 524952	McIlveen Museum and Research Centre
Kingsland Road South, 30	Bexley	Cnr Lot 1, DP 953135	House
Kitchener Street, 34	Kogarah	Lot 12, Sec F, DP 1562 and Lot 1, DP 315194	House
Kitchener Street, 38	Kogarah	Lot 1, DP 310720	Sandstone Victorian cottage
Kyle Street, 15	Arncliffe	Cnr Part Lots 13–15, DP 297	Sandstone Victorian cottage
Kyle Street, 31	Arncliffe	Lot 7, Sec 4, DP 1633	House
Landsdowne Street, 13	Arncliffe	Lot 10, DP 9171	Californian Bungalow house
Lansdowne Street, 17	Bardwell Valley	Lot 12, DP 9171	Brick Californian Bungalow cottage
Loftus Street, 18*	Turrella	Lot 1, DP 120192	Item on State Heritage Register—Cairnsfoot
Lusty Street, 27 and 27A, Bonar Street, Part 74	Wolli Creek	Lot 1, DP 86820, Lot 2, DP 444657, part roadway between Turrella Street and Lusty Street and part bed of Wolli Creek	Southern and Western Suburbs Ocean Outfall Sewer (SWSOOS), pipeline, aqueduct and bridge
Lydham Avenue, 18*	Rockdale	Lot A, DP 387441	Item on State Heritage Register—Lydham Hall
Mawson Street	Arncliffe		Palm trees
Mill Street, 95	Carlton	Lot 5, Sec 16, DP 2122	House
Mitchell Street, 3	Arncliffe	Lot 36, DP 2069	Victorian terrace
Mitchell Street, 12	Arncliffe	Lot A, DP 439701	Californian Bungalow house
Mitchell Street, 14	Arncliffe	Lot 1, DP 305151	Californian Bungalow house
Mitchell Street, 16	Arncliffe	Lot 24, DP 2069	Timber Victorian house
Monahan Avenue, 19	Banksia	Lot 46, DP 6679	Stone house
Napoleon Street, 7	Sans Souci	Lot 1, DP 230847	Fontainebleau
Oakura Street, 18	Rockdale	Lot 2, DP 500838	Federation house
Occupation Road, 2A, 2B, 2D and 2E*	Kyeemagh	Lots 2, 3 and Pt Lot 4, DP 17133 and Lot 4, DP 529923	Item on State Heritage Register—Market Gardens
Park Avenue, 1	Bexley	Lot 1, DP 960924	House
Pitt Street, 2	Rockdale		Rockdale Public School
President Avenue, 99 (off Hawthorne Street)	Ramsgate		Hawthorne Street Reserve
President Avenue, 99 (South Scarborough Park north of Ramsgate Road)	Ramsgate		Fig trees
President Avenue, 99 (off Hawthorne Street)	Ramsgate		Leo Smith Reserve
President Avenue, 99 (Part, North Scarborough Park)	Monterey	Pt Lot 4, DP 17133, Lot 3 and Pt Lot 4, DP 17133, Lot 2, DP 17133 and Lot 4, DP 529923	Patmore Swamp
President Avenue, 99 (Scarborough Park, near Barton Street)	Monterey		Scarborough Park Lakes
Princes Highway	Wolli Creek	Part Lot 1, DP 1027899 and Part Lot 2, DP 1019205, being the land shown edged heavy black in Diagram 1 at the end of this Part	Tempe House precinct
Princes Highway, 168–170	Arncliffe	Cnr Lot 1, DP 904945, Lot 1, DP 124274 and Lots 1 and 2, DP 940557	Arncliffe Public School
Princes Highway, 168–170	Arncliffe	Cnr Lot 1, DP 904945 and Lot 1, DP 124274 and Lots 1 and 2, DP 940557	Teluba
Princes Highway, 448	Rockdale	Lot 1, DP 242416, Pt Lots 13–15, Sec A, DP 2099 and Lot 1, DP 664617	Rockdale Town Hall
Princess Street	Brighton-Le-Sands		Street trees
Queen Victoria Street, 74	Bexley	Lot B, DP 326518	Service station
Queen Victoria Street, 131	Bexley	Lot C, DP 417935	Former Bexley Council Chambers (Jack and Jill Kindergarten)
Queen Victoria Street, 163	Bexley	Cnr Lots 1–3, Sec 8, DP 1036 (being Lots 12 and 13, SP 60800)	Bexley Fire Station
Queen Victoria Street (both sides)	Bexley		Street plantings
Queens Avenue (Victoria Way)	Kogarah		Queens Avenue landscaping
Railway Street, 87	Rockdale	Cnr Lots 2 and 3, DP 3560	Rockdale School of Arts (Guild Theatre)
Ramsgate Road, 107	Ramsgate	Cnr Lots 82 and 83, DP 2030	Sans Souci Literary Institute
Riverside Drive	Sans Souci		Cook Park
Riverside Drive (between Napoleon and Waldron Streets)	Sans Souci		Norfolk Island pine trees
Roach Street (between Gore Street and Forest Road)	Arncliffe		Walz quarry
Roach Street, 58	Arncliffe	Lot 3, DP 22180	Meryton
Robertson Street, 7	Kogarah	Lot 6, DP 775160 (being Lot 7 in SP 41680)	Stone cottage only
Rockdale Railway Station and Yard Group*			Item on State Heritage Register—brick buildings on platforms, signal box and overhead booking office
Rocky Point Road, 586	Sans Souci	Cnr Lot 308, DP 2452	Timber cottage
Russell Avenue, 190	Dolls Point	Lot 2, DP 530790 and Lot 449, DP 752056	Primrose House
Segenhoe Street, 23	Arncliffe	Lot A, DP 339374	Victorian house
Segenhoe Street, 25	Arncliffe	Lot 16, Sec E, DP 2271	Victorian house
Segenhoe Street, 27A	Arncliffe	Lot 19, Sec E, DP 2271	Californian Bungalow house
Short Street, 65	Carlton	Lot 2, DP 221335	House
Short Street, 67	Carlton	Lot 1, DP 221335	House
Slade Road, 112	Bardwell Park	Lot 8, DP 22052	Hillsdon’s Nursery
Slade Road, 167	Bexley North		Stotts Reserve
Stanley Street, 16	Arncliffe	Lot 1, DP 569361	Victorian house
Stanley Street, 20	Arncliffe	Lot 2, DP 421335	Victorian house
Stanley Street, 22	Arncliffe	Lot B, DP 449610	Victorian house
Stanley Street, 26	Arncliffe	Lot 2, DP 592250	Victorian semi-detached dwelling
Station Street, 17–19	Kogarah	Lots 370 and 371, DP 869155	Peach Chambers— Federation style commercial building
Station Street, 39	Arncliffe	Lot 21, DP 1673	Victorian cottage
Stoney Creek Road, 26	Bexley	Lot 71, DP 1594	Stone dwelling
Stoney Creek Road, 55	Bexley	Lot 64, DP 9826 and Lot 1, DP 305969	St Gabriel’s Church—Post War American Colonial (1952)
Stoney Creek Road, 95	Bexley	Lot 1, DP 964567 and Lot 98, DP 8760	Bexley Park
Taylor Street, 16	Kogarah	Lot B, DP 435790	Taylor Street Group
Taylor Street, 18	Kogarah	Lot C, DP 435790	Taylor Street Group
Taylor Street, 20	Kogarah	Lot D, DP 435790	Taylor Street Group
Taylor Street, 22	Kogarah	Lot E, DP 435790	Taylor Street Group
Taylor Street, 24	Kogarah	Lot F, DP 435790	Taylor Street Group
Taylor Street, 26	Kogarah	Lot G, DP 435790	Taylor Street Group
Taylor Street, 28	Kogarah	Lot H, DP 435790	Taylor Street Group
Taylor Street, 30	Kogarah	Lot J, DP 435790	Taylor Street Group
Teralba Road, 26–26A, 28, 40, 48, 35, 37 and 53	Brighton-Le-Sands		Group of houses
The Glen Road, 28	Bardwell Valley	Lot 2, DP 10685	Stone cottage
The Glen Road, 30	Bardwell Valley	Lot 1, DP 10685	Stone cottage
The Grand Parade (in Cook Park)	Brighton-Le-Sands		Row of Araucaria trees
The Grand Parade	Brighton-Le-Sands		Brighton Baths
The Grand Parade, 64–68	Brighton-Le-Sands	Pt Lot 8, DP 33420, Lot 9, DP 651072, Lot 10, DP 662061, Lot 11, DP 654651 and Lot 1, DP 789421	Row of terraces
Verdun Street, 22	Bexley	Lot A, DP 373398	Stone house
Verdun Street, 44	Bexley	Lot A, DP 335234	Dundry
Walker Street, 28	Turrella	Lot B, DP 379190	Victorian house
Walters Street, 22	Arncliffe	Lot A, DP 301582	Federation house
Walters Street, 23	Arncliffe	Lot 2, DP 913129	Victorian cottage
Walz Street, 3–11	Rockdale	Lot 101, DP 855967	St Joseph’s Convent
Waratah Street, 48	Bexley	Lot 40, DP 4690	Cardeeri (cottage)
Warialda Street, 1 and 1A	Kogarah	Lots 1 and 2, DP 559314	Frys Reserve (including railway land)
Washington Street, 39	Bexley	Lots 10, 11, 29, 32, 33 and 35, DP 1680, Lots A and B, DP 350585, Lots 1 and 2, DP 301625, Lots C and D, DP 349327, Lots A and B, DP 348536, Lot 1, DP 980285 and Lots 1–3, DP 456	Marist College
Wazir Street, 4	Bardwell Valley	Lot 1, DP 928622	Timber Victorian house
West Botany Street, 20A	Arncliffe	Lot 1, DP 667322	Sewer vent
West Botany Street, 73	Arncliffe	Cnr Lot 25, Sec 3, DP 1633	House
West Botany Street, 112	Arncliffe	Cnr Lot 1, DP 229505	Former hospital for women
West Botany Street, 212*	Banksia	Lot 1, DP 514811	Item on State Heritage Register—Market garden
West Botany Street, 310*	Rockdale	Pt Lot 1, DP 34647	Item on State Heritage Register—Wilson’s farmhouse
Willison Road, 20	Carlton	Cnr Lot A, DP 900655	Corner shop
Willison Road, 66	Carlton	Cnr Lot 32, Sec 8, DP 3252	Stone cottage
Willison Road, 76	Carlton	Lot 37, Sec 9, DP 3252	Shop
Wolli Creek			Wolli Creek Valley
Wolli Creek Road, 15A	Banksia		Gardiner Park
Wollongong Road, 71A	Arncliffe	Cnr Lot 7085, DP 93164	Arncliffe Park and monument
Wollongong Road, 78	Arncliffe	Lot 2, Sec 1, DP 1434	House
Wollongong Road, 117	Arncliffe	Lot 9, Sec 2, DP 1387	House
Wollongong Road, 148	Arncliffe	Lot 12, DP 6460	House
Wollongong Road, 171*	Arncliffe	Cnr Lots 54–59, DP 8954 and 33–36, DP 9096	Item on State Heritage Register—Dappeto
Wollongong Road, 191	Arncliffe	Lot 1, DP 972108	Federation house
Wollongong Road, 192	Arncliffe	Lot 18, DP 1919	Federation house
Wollongong Road, 193	Arncliffe	Lot 3, DP 5343	Federation house
Wollongong Road, 197	Arncliffe	Lot A, DP 317797	Fairview
Wollongong Road, 215	Arncliffe	Lot A, DP 442621	House
Wollongong Road, 258	Arncliffe	Lot 1, DP 950168	Federation house

Note—

*This item is listed on the State Heritage Register under the Heritage Act 1977 and is subject to the provisions of that Act, as well as being subject to the provisions of this plan and the Environmental Planning and Assessment Act 1979.

Diagram 1—Tempe House precinct

Part 3 Heritage conservation areas

There are no heritage conservation areas.

Part 4 Potential archaeological sites

There are no potential archaeological sites.

sch 1: Am 26.10.2001; 16.11.2001; 6.2.2004; 2006 (481), Sch 1 [18]–[20]; 2006 (486), Sch 1.

Schedule 2 Wolli Creek

(Clauses 35A, 55C and 55D)

Part 1 Diagrams

Diagram 1—Development sites—Zone 2 (d)

Diagram 2—Height control—Zone 10 (a1)

Diagram 3—Land use—Zone 10 (a1)

Diagram 4—Underground areas—Zone 10 (a1)

Diagram 5—Development sites—Zone 10 (a) (Western side of Pacific Highway)

Diagram 6—Development sites—Zone 10 (a) (Eastern side of Pacific Highway)

Diagram 7—Vehicular access—Zone 10 (a) (Western side of Pacific Highway)

Diagram 8—Vehicular access—Zone 10 (a) (Eastern side of Pacific Highway)

Part 2 Particulars for development sites in Zone 10 (a1)

Column 1	Column 2	Column 3
Development site	Objectives for development of the site	Development that may be carried out on the site
1	(a)  To ensure development that provides an appropriate backdrop to Tempe House. (b)  To ensure that the development provides a significant marker to the precinct from the Princes Highway. (c)  To ensure that Tempe House precinct and its environs are adequately considered in the development of the site. (d)  To provide for a built form that is complementary in style, design and finish to that on the eastern face of development sites 2, 4 and 5. (e)  To provide opportunities for flexible space. (f)  To provide adequate car parking underground.	Residential development and development for the purpose of hotels; commercial premises; flexible space.
2	(a)  To provide for predominantly residential development. (b)  To provide opportunities for flexible space. (c)  To ensure that Tempe House precinct and its environs are adequately considered in the development of the site. (d)  To provide for a built form that is complementary in style, design and finish to that on the eastern face of development sites 1, 4 and 5. (e)  To ensure that views to the Chapel and the Tempe House environs are obtained from the pedestrian plaza areas through appropriate building design. (f)  To provide adequate car parking, principally below street level, in recognition of accessibility to public transport. (g)  To enliven the vista between the railway plaza and Tempe House with active retail and community uses.	Any development permissible within Zone 10 (a1).
3	(a)  To provide a landmark building that acts as a gateway to land uses in the Railway precinct. (b)  To promote mixed use development incorporating residential, and commercial/retail uses. (c)  To provide opportunities for flexible space. (d)  To provide active street frontages. (e)  To provide opportunities for open air dining along the northern edge of the building facing a pedestrian plaza. (f)  To provide adequate car parking principally below street level in recognition of accessibility to public transport.	Any development permissible within Zone 10 (a1).
4	(a)  To provide for predominantly residential development. (b)  To provide opportunities for flexible space. (c)  To ensure that Tempe House precinct and its environs are adequately considered in the development of the site. (d)  To ensure that views to the Chapel and the Tempe House environs are maintained from the pedestrian plaza areas through appropriate building design. (e)  To provide for a built form that is complementary in style, design and finish to that on the eastern face of development sites 1, 2 and 5. (f)  To provide an active interface with a public plaza opposite the railway entrance. (g)  To provide adequate car parking principally below street level in recognition of accessibility to public transport.	Any development permissible within Zone 10 (a1).
5	(a)  To provide for predominantly residential development. (b)  To provide opportunities for flexible space. (c)  To ensure that Tempe House precinct and its environs are adequately considered in the development of the site. (d)  To ensure that views along the Tempe House view corridor are maintained through appropriate building design. (e)  To provide for a built form that is complementary in style, design and finish to that on the eastern face of development sites 1, 2 and 4. (f)  To provide adequate car parking principally below street level in recognition of accessibility to public transport.	Any development permissible within Zone 10 (a1).
6	(a)  To provide a commercial development that represents the landmark commercial building in the Railway precinct. (b)  To provide street frontages that achieve an active interface with the pedestrian plaza. (c)  To provide adequate car parking principally below street level in recognition of accessibility to public transport.	Any development permissible within Zone 10 (a1).
7	(a)  To promote mixed use development incorporating residential, and commercial/retail uses. (b)  To encourage development that promotes the public nature of the development site. (c)  To provide active street and plaza frontages. (d)  To ensure building design has regard to and complements the foreshore setting. (e)  To provide for open air dining opportunities along the northern edge of the site facing the water and also along the eastern edge of the development site facing the plaza. (f)  To provide retail uses at ground level around the edges of the development site.	Any development permissible within Zone 10 (a1).
	(g)  To provide views to the Cooks River from the plaza area and other public spaces. (h)  To provide access to underground parking for the northern end of land in the Railway precinct.
8	(a)  To provide for the effective operation of Wolli Creek railway station, including station entry and access, customer services, and administration. (b)  To allow for the convenient and efficient use of the station by passengers and convenient and efficient access between the station, any associated transport interchange and the surrounding development. (c)  To allow for the provision of facilities for persons using the station and any associated transport interchange. (d)  To allow covered “air space” development over the railway station. (e)  To provide for adequate vehicular and pedestrian access to any development on the site. (f)  To promote mixed use development incorporating commercial/retail uses. (g)  To provide an active linkage between the carpark and the station entrance along with retail services are provided. (h)  To provide opportunities for a hotel located above or immediately adjacent to the railway station. (i)  To provide for retail opportunities for the local population and service and retail uses for commercial tenants on the ground floor facing the street and pedestrian plaza. (j)  To provide active street frontages. (k)  To provide sunlight and air circulation to the station area.	Any development permissible within Zone 10 (a1).
9	(a)  To promote mixed use development incorporating residential and commercial/retail uses. (b)  To provide opportunities for flexible space. (c)  To provide an area of open space in buildings that is available to residents and tenants of the building. (d)  To provide retail opportunities for the local communities, and service and retail uses for the benefit of commercial occupants on the ground floor facing the street and pedestrian plaza.	Any development permissible within Zone 10 (a1).
Foreshore Area (Shown on the Land Use Diagram)	(a)  To ensure the future maintenance and stability of the Cooks River foreshore. (b)  To facilitate pedestrian and bicycle access along the Cooks River foreshore. (c)  To provide for the development of the site as useable open space. (d)  To provide for recreational use of the site in conjunction with the development of land within Zone 10 (a1). (e)  To provide a landscaped setting for development of land within Zone 10 (a1).	Development for the purpose of flood mitigation works and flood protection works; foreshore restoration; environment protection; open space; recreation; landscaping; underground utility installations; cafés; restaurants; shops; clubs.
Plazas (Shown on the Land Use Diagram)	To encourage development of appropriate pedestrian plazas throughout the precinct to ensure convenient and safe access to the railway station and the waterfront.	Development for the purpose of underground utility installations; landscaping; shops; commercial premises; refreshment rooms; parking; loading docks; roads.
Tempe House Site (shown on the Land Use Diagram)	(a)  To provide for the restoration and ongoing maintenance of the “Tempe House” heritage precinct in conjunction with the development of land within Zone 10 (a1). (b)  To ensure that any development on the site will have regard to the heritage significance of the site in accordance with the provisions of the approved conservation plan. (c)  To allow for the adaptive reuse of Tempe House, the adjacent Chapel and their grounds but only for purposes which will be compatible with the heritage significance of the site. (d)  To allow the erection of new buildings on the site, but only where such buildings will be essential to the viable use of the site and compatible with the heritage significance of the site. (e)  To maximise the visibility of the Tempe House precinct and to preserve views to and from the site, especially between Tempe House and the Cooks River. (f)  To integrate the Tempe House precinct into the development of the surrounding area, while still preserving its heritage significance.	Any development permissible within Zone 10 (a1), minor or temporary development authorised by clause 62 (5).

Part 3 Maximum permitted gross floor space—Zone 10 (a1)

Development site	Area (m2)
1	13,494
2	8,609
3	26,010
4	8,620
5	16,611
6	21,017
7	17,130
8	41,795
9	14,218

Part 4 Minimum non-residential gross floor space—Zone 10 (a1)

Development site	Area (m2)
1	730
2	560
3	7,600
4	—
5	—
6	597
7	2,500
8	41,700
9	650

sch 2: Ins 2006 (481), Sch 1 [21].