Kogarah Local Environmental Plan 1998

Part 1 Preliminary

1 Name of the plan

This plan is called Kogarah Local Environmental Plan 1998.

2 Aims of the plan

The aims of this plan are:

(a)  to consolidate, simplify and update existing planning controls, and

(b)  to outline planning controls which are clear and explicit but also provide flexibility in their application, and

(c)  to allow for a variety of residential lifestyles, and

(d)  to allow for the provision of necessary services and amenities, and

(e)  to protect the natural and urban environment, and

(f)  to conserve Kogarah’s environmental heritage, and

(g)  to promote ecologically sustainable development, and

(h)  to provide a framework for more detailed controls to be contained within development control plans.

3 Where the plan applies

This plan applies to all land situated in the local government area of Kogarah, as shown on the land use map.

4 Relationship to other planning instruments

This plan repeals:

(a)  the Kogarah Planning Scheme Ordinance, and

(b)  Kogarah Local Environmental Plan No 19 (South Hurstville Precinct), Kogarah Local Environmental Plan No 36 (Kogarah Precinct) and all other local environmental plans and deemed environmental planning instruments which, immediately before the appointed day, applied to land within the local government area of Kogarah.

5 Consent authority for development

The Council is the consent authority for the purposes of this plan.

6 Savings

(1)  Except as provided by clauses 17–17H, nothing in this plan shall be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:

(a)  the carrying out of development described in Schedule 1, or

(b)  the use of existing public buildings by a public authority.

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

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

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

(3)    (Repealed)

cl 6: Am 24.12.2003; 2006 (186), Sch 1 [1].

Part 2 Zoning controls

7 Zoning control table

(1)  The zoning control table below describes the objectives for each zone, the development that is allowed without development consent or only with development consent and the development that is prohibited within the zone. The table also describes how land within a zone is shown on the land use map.

The table relates to the following zones:

Residential 2 (a)—Residential (Low Density) Zone

Residential 2 (b)—Residential (Medium Density) Zone

Business 3 (a)—Business (Local Centre) Zone

Business 3 (b)—Business (Town Centre) Zone

Industrial 4 (a)—Industrial (Light) Zone

Special Uses 5 (a)—Special Uses (General) Zone

Special Uses 5 (b)—Special Uses (Railway) Zone

Open Space 6 (a)—Open Space (Public) Zone

Open Space 6 (b)—Open Space (Regional Open Space Reservation) Zone

Open Space 6 (c)—Open Space (Private) Zone

Environmental Protection 7 (a)—Environmental Protection (Waterways) Zone

Road Reservation 9 (a)—Road Reservation (Local) Zone

Road Reservation 9 (b)—Road Reservation (Arterial) Zone

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

Zoning control table

Residential 2 (a)—Residential (Low Density) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to provide for the housing needs of the Kogarah area,

(b)  to maintain the amenity and low density environment of areas predominantly characterised by detached dwelling houses, and

(c)  to allow certain non-residential development of low intensity which is compatible with the residential character and amenity of the locality.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

bushfire hazard reduction; home based child care services; home businesses; minor drainage works; roads.

Exempt development.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

attached dual occupancies (except within the foreshore scenic protection area or the waterfront scenic protection area); bed and breakfast accommodation; centre based child care services; community facilities; drainage (other than minor drainage works); dwelling houses; educational establishments; extended family units (only permitted where the extended family unit is ancillary to a principal dwelling house and only one such unit is permitted on any existing allotment); group homes; home industries; hospitals; nursing homes (except within the foreshore scenic protection area or the waterfront scenic protection area); places of worship; public buildings; public parking; public utility installations; recreation areas; residential care facilities.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured pink.

Residential 2 (b)—Residential (Medium Density) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to provide for areas of multi-unit housing in appropriate locations,

(b)  to encourage a diversity of dwelling types, and

(c)  to allow non-residential development which is compatible with the residential character and amenity of the locality.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

bushfire hazard reduction; home based child care services; home businesses; minor drainage works; roads.

Exempt development.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

attached dual occupancies; bed and breakfast accommodation; boarding houses; centre based child care services; community facilities; drainage (other than minor drainage works); dwelling houses; educational establishments; group homes; home industries; hospitals; housing for older people or people with a disability; motels; multi-unit housing; nursing homes (except within the foreshore scenic protection area or the waterfront scenic protection area); places of worship; public buildings; public parking; public utility installations; recreation areas.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured red.

Business 3 (a)—Business (Local Centre) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to provide opportunities for retail and other business development, and

(b)  to encourage multi-unit housing to be developed in conjunction with businesses, where appropriate.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

drainage; home businesses; roads.

Exempt development.

3 Only with development consent

Any development except that allowed without development consent or prohibited may be carried out only with development consent.

4 Prohibited

Development for the purpose of the following is prohibited:

amusement centres; brothels; caravan parks; generating works; hazardous industries; hazardous storage establishments; helipads; heliports; industries other than light industries; liquid fuel depots; materials recycling facilities; motor showrooms; offensive industries; offensive storage establishments; panel beating workshops; transport terminals; warehouses or distribution centres.

5 Zone identification on the land use map

Coloured mid blue.

Business 3 (b)—Business (Town Centre) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to encourage the development and expansion of business activities which will contribute to the economic growth and employment opportunities within the Kogarah and Hurstville town centres,

(b)  to encourage a wide range of retail, commercial and entertainment facilities within these centres, and

(c)  to encourage multi-unit housing, where appropriate.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

drainage; roads.

Exempt development.

3 Only with development consent

Any development except that allowed without development consent or prohibited may be carried out only with development consent.

4 Prohibited

Development for the purpose of the following is prohibited:

caravan parks; dwelling houses; generating works; hazardous industries; hazardous storage establishments; industries other than light industries; liquid fuel depots; materials recycling facilities; offensive industries; offensive storage establishments; panel beating workshops; transport terminals; warehouses or distribution centres.

5 Zone identification on the land use map

Coloured dark blue.

Industrial 4 (a)—Industrial (Light) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to recognise existing industry and to encourage the establishment of new light industry so as to expand the local employment base,

(b)  to minimise the impact of industry and other permitted uses on adjoining lands,

(c)  to enable limited retailing of bulky goods where this is unlikely to detract from the role and function of land zoned for business purposes, and

(d)  to enable limited development for commercial premises to enhance the viability of land uses within the industrial zones.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

drainage; roads.

Exempt development.

3 Only with development consent

Any development except that allowed without development consent or prohibited may be carried out only with development consent.

4 Prohibited

Development for the purpose of the following is prohibited:

amusement centres; attached dual occupancies; boarding houses; centre based and home based child care services (other than those which serve the needs of the workforce of land within the zone); detached dual occupancies; drive-in take-away food shops; dwelling houses (other than those used in conjunction with other development permitted in this zone); educational establishments; generating works; group homes; hazardous industries; hazardous storage establishments; hospitals; hotels; housing for older people or people with a disability; industries other than light industries; liquid fuel depots; motels; multi-unit housing; nursing homes; offensive industries; offensive storage establishments; reception lounges; shops (other than bulky goods establishments or those which serve the daily convenience needs of the workforce of land within the zone); tourist facilities.

5 Zone identification on the land use map

Coloured purple.

Special Uses 5 (a)—Special Uses (General) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to accommodate development by public authorities,

(b)  to accommodate private educational, religious or similar land uses,

(c)  to allow appropriate community land uses,

(d)  to enable associated and ancillary development, and

(e)  to identify and protect land intended to be acquired for special uses.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

bushfire hazard reduction; drainage; roads.

Exempt development.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

centre based child care services; community facilities; concerts, fetes, markets, sporting events or other recreational land uses; educational establishments; housing for older people or people with a disability; places of worship; public buildings; public parking; public utility installations; the particular land use indicated by red lettering on the land use map and land uses ordinarily incidental or ancillary to that land use.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured yellow with red lettering.

Special Uses 5 (b)—Special Uses (Railway) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to accommodate development for the purpose of railways and associated development on railway land, and

(b)  to encourage the appropriate redevelopment of railway land and air space in the vicinity of railway stations to take advantage of public transport accessibility.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

bushfire hazard reduction.

Exempt development.

3 Only with development consent

Any development except that allowed without development consent or prohibited may be carried out only with development consent.

4 Prohibited

Development for the purpose of the following is prohibited:

amusement centres; attached dual occupancies; automotive uses; bed and breakfast accommodation; boarding houses; brothels; caravan parks; dwelling houses; generating works; group homes; hazardous industries; hazardous storage establishments; hospitals; housing for older people or people with a disability; industries (other than light industries); liquid fuel depots; materials recycling facilities; motels; multi-unit housing; nursing homes; offensive industries; offensive storage establishments; panel beating workshops; service stations.

5 Zone identification on the land use map

Coloured grey.

Open Space 6 (a)—Open Space (Public) Zone

1 Objectives of the zone

The objectives of this zone are:

(a)  to recognise publicly owned land used or capable of being used for local public recreation, and

(b)  to identify and protect land intended to be acquired for local public open space.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

drainage; minor works and structures such as fencing, playground equipment, reticulation, lighting, signage, seating/shelter sheds, barbecues, and buildings not more than 40 square metres in area; roads; works (but not buildings) used for gardening, landscaping and bushfire hazard reduction.

Exempt development.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

buildings used for gardening, landscaping and bushfire hazard reduction; centre based child care services; community facilities; public parking; public utility installations; recreation areas; refreshment rooms.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured green.

Open Space 6 (b)—Open Space (Regional Open Space Reservation) Zone

1 Objective of the zone

The objectives of this zone are to identify and protect land intended to be acquired for regional open space.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

drainage; works (but not buildings) used for gardening, landscaping and bushfire hazard reduction.

Exempt development.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

buildings used for gardening, landscaping and bushfire hazard reduction; centre based child care services; community facilities; public parking; public utility installations; recreation areas; refreshment rooms; roads.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured light green.

Open Space 6 (c)—Open Space (Private) Zone

1 Objective of the zone

The objective of this zone is to enable private recreation facilities to be provided on privately owned land.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

works (but not buildings) used for gardening, landscaping and bushfire hazard reduction.

Exempt development.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

buildings used for gardening, landscaping and bushfire hazard reduction; clubs; community facilities; drainage; public parking; public utility installations; recreation areas; refreshment rooms; roads; tourist facilities.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured green with yellow edging.

Environmental Protection 7 (a)—Environmental Protection (Waterways) Zone

1 Objective of the zone

The objective of this zone is to ensure any development of land below mean high water mark is carried out in an environmentally sensitive manner, having particular regard to the nature and function of the waterways.

2 Without development consent

No development may be carried out without development consent.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

aquaculture; boatsheds; drainage; dredging; marinas; oyster farms; public utility installations; reclamation; roads; swimming enclosures; watercraft launching and landing facilities.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured light blue.

Road Reservation 9 (a)—Road Reservation (Local) Zone

1 Objective of the zone

The objectives of this zone are to identify and protect land intended to be acquired for new local roads or the widening of existing local roads.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

drainage; local road widening; local roads.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

public parking; public utility installations.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Coloured light grey.

Road Reservation 9 (b)—Road Reservation (Arterial) Zone

1 Objective of the zone

The objectives of this zone are to identify and protect land intended to be acquired for new arterial roads or the widening of existing arterial roads.

2 Without development consent

Development for the purpose of the following may be carried out without development consent:

arterial roads; arterial road widening; drainage.

3 Only with development consent

Development for the purpose of the following may be carried out only with development consent:

public parking; public utility installations.

4 Prohibited

Any other development is prohibited.

5 Zone identification on the land use map

Broken red band with black edging.

cl 7, table: Am 29.10.1999; 25.2.2000; 8.3.2002; 28.3.2002; 26.11.2004; 2005 (374), Sch 1 [1] [2].

Part 3 Special provisions applying to all land

8 Tree preservation

Objective of the provision

To maintain the amenity of the local government area of Kogarah through the preservation of trees and other significant vegetation.

Tree preservation

(1)  Except in accordance with a development consent or permit granted by the Council, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree (other than a fruit tree used only for domestic purposes) which:

(a)  has a height greater than 3.5 metres, or

(b)  has a branch spread exceeding 3 metres in diameter.

(2)  The Council may grant a permit that allows a person to ringbark, cut down, top, lop, remove, injure or wilfully destroy a tree if the Council is satisfied that:

(a)  the tree is dead, or is dying or severely diseased and is unlikely to respond to treatment to rectify the problem, or

(b)  the tree or part of the tree concerned is in danger of falling and causing injury to persons or property, or

(c)  the tree is causing or, in the opinion of the Council, is likely to cause structural damage to existing buildings or utility infrastructure that does not consist only of paths, fences, driveways or other minor structures or works, or

(d)  the tree is blocking winter solar access to habitable rooms, but only if the permit allows not more than minor thinning of up to 25% of the canopy that will retain the height, form and canopy of the tree before the thinning is carried out, or

(e)  the tree is highly combustible and is located where it poses a fire risk to buildings, or

(f)  the tree is, in the opinion of the Council, out of character with the locality in which it is situated because of its species or position or the existing number of trees in that location, or

(g)  the tree is a noxious weed, within the meaning of the Noxious Weeds Act 1993, within the area of Kogarah or of a species listed as undesirable by the Council.

9 Land filling and excavation

Objective of the provision

To control soil erosion, sedimentation, tree loss and drainage impacts associated with land filling and excavation.

Land filling and excavation

(1)  Despite any other provision of this plan, a person may excavate or fill any land to which this plan applies, but only with the consent of the Council.

(2)  When considering an application for consent required by subclause (1), the Council shall have particular regard to:

(a)  the likely disruption of, or detrimental effect on, existing drainage patterns, vegetation, sedimentation and soil stability in the locality, and

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

(c)  whether acid sulfate soils, waste materials or contaminated soil may be disturbed by excavation or imported to the land as fill.

(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 for which a building approval was granted under the Local Government Act 1993, or

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

(c)  any excavation or filling of land carried out for the purpose of a public utility installation.

10 Temporary use of land

Objective of the provision

To permit the temporary use of land for appropriate activities.

Temporary use of land

(1)  Regardless of any other provision of this plan, but without affecting clause 16, consent may be granted to development on land within any zone for any temporary purpose for a maximum period of 28 days, whether consecutive or not, in any one year, if:

(a)  the temporary purpose is necessary and reasonable for the economic use of the land pending its development in accordance with this plan, and

(b)  the temporary purpose will not prejudice the carrying out of development on the land in accordance with this plan, and

(c)  appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent, and

(d)  the temporary use will not interfere with the amenity of the locality.

(2)  Despite subclause (1), consent is not required for any temporary use of land that will be carried out for a period of not more than 48 hours if:

(a)  the Council has been given written notice of the proposed land use at least 14 days before the use commences, and

(b)  in the opinion of the Council, the use will have minimal or no environmental impact.

11 Suspension of restrictions on land

Objective of the provision

To ensure private restrictions do not restrict development or activities being carried out in accordance with this plan.

Suspension of covenants, agreements and similar instruments

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

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

(3)  Pursuant to section 28 of the Act, before the making of this plan, the Governor approved of subclauses (1) and (2).

12 Subdivision

Objective of the provision

To provide controls in respect of the subdivision of land.

Subdivision

(1)  A person may subdivide land to which this plan applies only with the consent of the Council.

Subdivision of dual occupancies

(2)  Consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings resulting from dual occupancy development, unless the subdivision will be under the Strata Titles (Freehold Development) Act 1973.

(3)  Subclause (2) does not apply to the two dwellings resulting from dual occupancy development carried out pursuant to a consent issued under Sydney Regional Environmental Plan No 12—Dual Occupancy:

(a)  granted before 16 August 1996, or

(b)  granted on or after that date, but only if the application for the consent was made to the Council before 2 January 1996.

Subdivision of extended family units

(4)  Consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings resulting from an extended family unit development.

cl 12: Am 28.3.2002.

12A What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 26—Exempt & Complying Development is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Development Control Plan No 26—Exempt & Complying Development is complying development if:

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

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

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 26—Exempt & Complying Development.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 26—Exempt & Complying Development adopted by the Council, as in force when the certificate is issued.

(5)  For the purpose of subclauses (1)–(3) of this clause, Development Control Plan No 26—Exempt & Complying Development means Development Control Plan No 26—Exempt & Complying Development as adopted by the Council on 13 November 2006.

cl 12A: Ins 29.10.1999. Am 6.12.2002; 2007 (151), Sch 1 [1] [2].

Part 4 Special provisions applying to certain land

13 Public land

Objective of the provision

To classify, or reclassify, public land, being Council-owned land or land under the care and control of the Council, as operational land.

Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 2 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 2.

(3)  Land described in Part 2 of Schedule 2:

(a)  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(4)  Land described in Columns 1 and 2 of Part 3 of Schedule 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 2.

(5)  In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 2, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(6)  Before the relevant amending plan inserted the description of land into Part 3 of Schedule 2, the Governor approved of subclause (4) applying to the land.

cl 13: Subst 29.8.2003.

13A Development on land containing acid sulfate soils

(1) Objective of the provision To require special assessment of risks associated with acid sulfate soils of land identified on the Acid Sulfate Soil Planning Map.

(2) Consent usually required A person must not, without the consent of the Council, carry out works described in the following table on land of the class specified for those works in that table, except as otherwise provided by this clause.

Class of land as shown on Acid Sulfate Soil Planning Map	Works
1	Any works
2	Works below natural ground surface Works by which the watertable is likely to be lowered
3	Works beyond 1 metre below natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface
4	Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface
5	Works within 100 metres of adjacent Class 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 2, 3 or 4 land

(3)  For the purposes of the table to subclause (2), works includes:

(a)  any disturbance of more than 1 tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations or flood mitigation works), or

(b)  any other works that are likely to lower the watertable.

(4) Exceptions following preliminary assessment This clause does not require consent for the carrying out of works if:

(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and

(b)  the Council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(5) Considerations for consent authority The Council must not grant a consent required by this clause unless it has considered:

(a)  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

(b)  the likelihood of the proposed development resulting in the discharge of acid water, and

(c)  any comments received from the Department of Infrastructure, Planning and Natural Resources within 40 days of the Council having sent that Department a copy of the development application and of the related acid sulfate soils management plan.

(6) Public authorities not excepted This clause requires consent for development to be carried out by the Council or another public authority, despite clause 6 (1) (a).

(7)  However, despite any other provision of this clause, consent is not required for the Council or another public authority to carry out development for the purposes of:

(a)  emergency work, or

(b)  routine maintenance, or

(c)  minor excavation work.

(8)  Despite any other provision of this clause, the following development may be carried out by the Council or another public authority without development consent:

(a)  the installation of stormwater quality improvement devices and drainage works, and

(b)  any work ancillary to that development, such as the construction of accessways, the provision of power, water and sewerage supplies, and landscape works.

(9)  If the Council or another public authority carries out work referred to in subclause (8) and encounters, or is reasonably likely to encounter, acid sulfate soils, the Council or public authority:

(a)  must conduct a preliminary assessment of the proposed works in accordance with the Acid Sulfate Soils Assessment Guidelines so as to minimise the actual or potential impact to the environment arising from the disturbance of the soils, and

(b)  must implement reasonable measures to minimise that impact.

(10)  In this clause:

emergency work means the repair or replacement of any part of the works of the Council or another public authority:

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

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

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

minor excavation work means new work carried out by a public authority that does not disturb soil more than one metre below the existing ground level, such as the provision of surface irrigation for landscaping.

routine maintenance means the periodic inspection, cleaning, repair and replacement of existing public works, but does not include work that would result in an increase in the design capacity of any part of the works or necessitate the deepening of any existing works below the existing ground level.

cl 13A: Ins 9.1.2004.

14 Land acquisition for public purposes

Objective of the provision

To provide for the acquisition of land zoned for public purposes.

Land acquisition

(1)  An owner of land within a zone specified in the Table to this clause may request the public authority specified in the Table opposite that zone to acquire that land. The request must be in writing. On receipt of the request, the public authority concerned shall, subject to the provisions of this clause, acquire the land.

(2)  It is not necessary for the Council to acquire land referred to in this clause if that land may be required to be dedicated or transferred to the Council as a condition of consent.

(3)  Nothing in this clause requires a public authority to acquire land that is owned by another public authority and held by the other public authority for the purpose referred to in section 26 (c) of the Act for which it is reserved by this plan.

(4)  The Council may, with the concurrence of the public authority responsible for acquisition of the land, consent to development on land within the Special Uses 5 (a) Zone, Open Space 6 (a) or 6 (b) Zone or the Road Reservation 9 (a) or 9 (b) Zone or shown uncoloured on the map for any purpose which is permissible on land adjoining that land. In determining whether to grant concurrence, the public authority shall take into consideration the effect of the proposed development on the costs of acquisition, the imminence of acquisition and the costs of reinstatement of the land for the purposes for which the land is to be acquired.

Zone	Public authority
Special Uses 5 (a)	The public authority appropriate for development of the land as indicated on the land use map
Open Space 6 (a)	The Council
Open Space 6 (b)	The corporation
Road Reservation 9 (a)	The Council
Road Reservation 9 (b)	The Roads and Traffic Authority

15 Certain development on arterial roads and near railway undertakings

Objective of the provision

To ensure that appropriate development occurs along arterial roads and near railway undertakings.

Certain development on arterial roads and near railway undertakings

(1)  The Council shall not consent to the carrying out of development on land located within the Residential 2 (b) Zone and having frontage to an arterial road unless all vehicular access to and egress from the land is from a road other than an arterial road where possible.

(2)  Consent must not be granted to development on land having frontage to or near an arterial road or railway undertaking where, in the opinion of the Council, noise or vibration levels will be unacceptable for the use of the land proposed. The Council may decline to grant consent unless it has considered a report from a suitably qualified consultant that assesses noise or vibration levels and recommends appropriate alleviation measures, if necessary.

15A Prohibited development for Kogarah Town Square Development Precinct

Objective of the provision

To ensure that appropriate development occurs in the Kogarah Town Square Development Precinct.

Prohibited development

For the Kogarah Town Square Development Precinct, as shown edged heavy black on the map marked “Kogarah Town Square Development Precinct” deposited in the office of Kogarah Municipal Council, development for the purpose of the following is prohibited:

adult concept stores; amusement centres; brothels; bulk stores; bulky goods establishments; caravan parks; centre based child care services; dwelling houses; generating works; hazardous industries; hazardous storage establishments; industries other than light industries; liquid fuel depots; liquidation or discount stores; materials recycling facilities; offensive industries; offensive storage establishments; panel beating workshops; pet shops; tattooists, transport terminals; warehouses or distribution centres; veterinary establishments.

cl 15A: Ins 6.12.2002.

16 Ecologically sustainable development

Objective of the provision

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

Ecologically sustainable development

The Council must not grant consent to the carrying out of development unless it has given consideration to the following principles of ecologically sustainable development in so far as they are relevant to the proposed development:

(a)  conservation of natural resources,

(b)  optimisation of the use of natural features,

(c)  optimisation of energy efficiency,

(d)  maintenance or improvement of air, water and soil quality,

(e)  reduction of car dependence, and

(f)  waste avoidance, waste minimisation and cleaner production.

17 Objectives

The objectives of this plan in relation to heritage are:

(a)  to conserve the environmental heritage of Kogarah local government area, and

(b)  to conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and

(c)  to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and

(d)  to allow for the protection of places which have the potential to have heritage significance but are not identified as heritage items, and

(e)  to ensure that the heritage conservation areas throughout Kogarah local government area retain their heritage significance.

cl 17: Subst 24.12.2003.

17A Protection of heritage items and heritage conservation areas

(1) When is consent required? The following development may be carried out only with development consent:

(a)  demolishing 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, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c)  altering a heritage item by making structural changes to its interior,

(d)  disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  moving the whole or a part of a heritage item,

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

(2) What exceptions are there? Development consent is not required by this clause if:

(a)  in the opinion of the Council:

(i)  the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii)  the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b)  the proponent has notified the Council in writing of the proposed development and the Council has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.

(3)  Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance:

(a)  the creation of a new grave or monument, or

(b)  an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) What must be included in assessing a development application? Before granting a consent required by this clause, the Council must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The Council may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6)  The minimum number of issues that must be addressed by the heritage impact statement are:

(a)  for development that would affect a heritage item:

(i)  the heritage significance of the item as part of the environmental heritage of Kogarah local government area, and

(ii)  the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii)  the measures proposed to conserve the heritage significance of the item and its setting, and

(iv)  whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and

(v)  the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b)  for development that would be carried out in a heritage conservation area:

(i)  the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii)  the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii)  the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv)  the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v)  whether any landscape or horticultural features would be affected by the proposed development, and

(vi)  whether any archaeological site or potential archaeological site would be affected by the proposed development, and

(vii)  the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and

(viii)  the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application, and

(ix)  if the Council has adopted any design guidelines that apply to the heritage conservation area, whether the proposed development satisfies those guidelines.

cll 17A–17H: Ins 24.12.2003.

17B Advertised development

The following development is identified as advertised development:

(a)  the demolition of a heritage item or a building, work, tree or place in a heritage conservation area, and

(b)  the carrying out of any development allowed by clause 17G.

cll 17A–17H: Ins 24.12.2003.

17C Notice of demolition to Heritage Council

Before granting consent for the demolition of a heritage item identified in Part 1 of Schedule 3 as being of State significance, the Council 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.

cll 17A–17H: Ins 24.12.2003.

17D Development affecting places or sites of known or potential Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the Council must:

(a)  consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b)  except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) and the Director-General of National Parks and Wildlife of its intention to do so and take into consideration any comments received in response within 28 days after the relevant notice is sent.

cll 17A–17H: Ins 24.12.2003.

17E Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

(1)  Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the Council must:

(a)  consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  notify the Heritage Council of its intention to do so and take into consideration any comments received in response within 28 days after the notice is sent.

(2)  This clause does not apply if the proposed development:

(a)  does not involve disturbance of below-ground deposits and the Council is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b)  is integrated development.

cll 17A–17H: Ins 24.12.2003.

17F Development on site adjacent to site of heritage item

(1)  Before granting consent to the carrying out of development on a site adjacent to the site of a heritage item, the Council must assess the impact of the proposed development on the heritage significance of the heritage item.

(2)  This clause extends to development:

(a)  that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b)  that may undermine or otherwise cause physical damage to a heritage item, or

(c)  that will otherwise have any adverse impact on the heritage significance of a heritage item.

(3)  The Council may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4)  The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

cll 17A–17H: Ins 24.12.2003.

17G Conservation incentives

The Council may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, regardless of any other provision of this plan, if:

(a)  it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b)  the proposed use is in accordance with a conservation management plan which has been endorsed by the Council, and

(c)  the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d)  the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e)  the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

cll 17A–17H: Ins 24.12.2003.

17H Development in heritage conservation areas

(1)  Before granting consent for the erection of a building within a heritage conservation area, the Council must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.

(2)  In satisfying itself about those features, the Council must have regard to at least the following (but is not to be limited to having regard to those features):

(a)  the pitch and form of the roof (if any), and

(b)  the style, size, proportion and position of the openings for windows or doors (if any), and

(c)  the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

cll 17A–17H: Ins 24.12.2003.

18 Foreshore building line

Objective of the provision

To protect the vegetation and aesthetic appearance of foreshore areas.

Foreshore building line

(1)  A foreshore building line applies for the purposes of this plan and is located on land to which this plan applies at a distance of 7.6 metres from the mean high water mark of each bay or river or at any greater distance as shown by a broken black line marked “FBL” on the land use map.

(2)  Except as provided by subclauses (3)–(5), a building shall not be erected on any land to which this plan applies between a foreshore building line and mean high water mark of the nearest bay or river.

(3)  The Council may grant consent for a building despite any foreshore building line where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4)  A person may, with the consent of the Council, erect:

(a)  boat sheds, or

(b)  wharves, jetties or pontoons, or

(c)  slipways, or

(d)  structures below the surface of the ground, or

(e)  fences, or

(f)  works to enable pedestrian access,

despite any foreshore building line.

(5)  With the consent of the Council, an existing building that has been erected wholly or partly on land affected by a foreshore building line may be extended, altered or rebuilt. The building as extended, altered or rebuilt shall not, in the opinion of the Council, have an adverse impact on the amenity or aesthetic appearance of the foreshore.

(6)  Before granting consent to development referred to in subclauses (3)–(5) the Council shall take into consideration the following matters:

(a)  the appearance of the development from both the waterway and adjacent foreshore areas,

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

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

(d)  whether the development will have an adverse effect on drainage patterns,

(e)  whether the development will cause congestion of or generate conflicts between people using open space areas or the waterway,

(f)  the desirability of ensuring continuous public access along the foreshore and to the waterway,

(g)  any effects on the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and on surrounding land,

(h)  whether the development will cause disturbance of any acid sulfate soil,

(i)  whether any required permission or approval has been granted from the Department of Land and Water Conservation,

(j)  whether adequate consultation has occurred with NSW Fisheries, if the development will have an impact on seagrass, mangroves or other marine habitat, or commercial fishing activities, and

(k)  the suitability of any environmental monitoring or environmental rehabilitation, or both, that may be required with regard to the proposed development.

19 (Repealed)

cl 19: Rep 2007 (151), Sch 1 [3].

20 Contaminated land

Objective of the provision

To ensure that proper remedial measures occur in respect of development on contaminated land.

Contaminated land

The Council shall not grant consent to the carrying out of any development on land to which this plan applies that is known by the Council to be contaminated unless the Council is satisfied that adequate remediation measures will be carried out.

21 Development in the Special Uses 5 (a) Zone or Open Space 6 (a) Zone

Objective of the provision

To ensure that development within the Special Uses 5 (a) Zone or Open Space 6 (a) Zone is compatible with the existing and future use of the land and will not conflict with the use of surrounding land.

Matters for consideration

The Council must not grant consent to the carrying out of development on publicly owned land within the Special Uses 5 (a) Zone or Open Space 6 (a) Zone unless it 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 as public open space,

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

(e)  whether the proposed development is compatible with uses on adjacent land in relation to its height, bulk, noise generation, traffic generation, and any other aspects that might conflict with surrounding land uses,

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

(g)  whether the height of any proposed building or structure is visually sympathetic to existing vegetation and topography.

21A Development in the Special Uses 5 (b) Zone

Land to which this clause applies

This clause applies to land in Zone Special Uses 5 (b) (the Special Uses (Railway) Zone).

Objective of the provision

To ensure that development within the railway corridor is compatible with the existing and future use of the land and will not conflict with the use of surrounding land.

Matters for consideration

The Council must not grant consent to the carrying out of development on land to which this clause applies unless it 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 is compatible with the uses, character and built form of adjacent land or land within the general vicinity in relation to its height, bulk, noise generation, traffic generation and any other aspects that might conflict with surrounding land uses,

(d)  whether the height of any proposed building or structure is visually sympathetic to existing vegetation and topography,

(e)  whether the noise or vibration levels will be unacceptable for the proposed use of the land. The Council may decline to grant consent unless it has considered a report from a suitably qualified consultant that assesses noise or vibration levels and recommends appropriate alleviation measures, if necessary.

cl 21A: Ins 8.3.2002.

21B (Repealed)

cl 21B: Ins 24.1.2003. Rep 2007 (648), Sch 1 [1].

22 Development of land uncoloured on the land use map

Objectives of the provision

(a)  To facilitate appropriate development on publicly owned land, and

(b)  To ensure that development on or over public land will not create adverse environmental, social or visual impacts.

Development of land uncoloured on the land use map

Development shall not be carried out on land uncoloured on the land use map without the consent of the Council.

22A Development in Residential 2 (a) Zone

Objective of provision

To provide opportunities for a compatible mix of dwelling types in localities within the Residential 2 (a) Zone.

Provision overrides remainder of plan

(1)  This clause has effect despite the other provisions of this plan.

Sites adjoining certain zones

(2)  Development for the purpose of villas or townhouses (or both) may be carried out, with the Council’s consent, on a site with an area no greater than 5 000 square metres consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, if:

(a)  at least one allotment adjoining the site is within the Residential 2 (b) Zone, and

(b)  all allotments adjoining the site that are not within the Residential 2 (b) Zone are within the Business 3 (a), Business 3 (b), Industrial 4 (a), Special Uses 5 (a), Special Uses 5 (b), Open Space 6 (a), Open Space 6 (b) or Open Space 6 (c) Zone.

(3)  If the Council has adopted any development control plan that applies to development for the purpose of villas or townhouses, the Council is not to grant a consent referred to in subclause (2) unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan.

Sites adjoining villas, townhouses or detached dual occupancies

(4)  Development for the purpose of villas or townhouses (or both) may also be carried out, with the Council’s consent, on a site with an area no greater than 5 000 square metres consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, if:

(a)  development for the purpose of villas, townhouses or detached dual occupancies (or any combination of them) has been carried out on at least one allotment within the Residential 2 (a) Zone adjoining the site, and

(b)  all allotments adjoining the site that have not been developed for that purpose are within the Residential 2 (b), Business 3 (a), Business 3 (b), Industrial 4 (a), Special Uses 5 (a), Special Uses 5 (b), Open Space 6 (a), Open Space 6 (b) or Open Space 6 (c) Zone.

(5)  The Council is not to grant a consent referred to in subclause (4):

(a)  if the carrying out of the proposed development would, in the opinion of the Council, leave any allotment adjoining the site with unreasonably restricted potential for development, or

(b)  if the Council has adopted any development control plans that apply to development for the purpose of villas or townhouses—unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan.

Sites identified for villas in a development control plan

(6)  Development for the purpose of villas may also be carried out, with the Council’s consent, on a site consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, but only if:

(a)  the site is identified on a map attached to a development control plan prepared for the purposes of this subclause, and

(b)  the Council is satisfied that the site will be at least 20 metres wide at the setback of the front of the villa that will be closest to the street.

(7)  The Council is not to grant a consent referred to in subclause (6):

(a)  if the carrying out of the proposed development would, in the opinion of the Council, leave any allotment adjoining the site with unreasonably restricted potential for development, or

(b)  unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan.

Large sites

(8)  Development for the purpose of villas or townhouses (or both) or detached dual occupancy may also be carried out, with the Council’s consent, on a site consisting of an allotment of land that is within the Residential 2 (a) Zone (except within the foreshore scenic protection area or the waterfront scenic protection area), and the land may be subdivided under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989, but only if:

(a)  the site was a single allotment on the commencement of Kogarah Local Environmental Plan 1998 (Amendment No 2), and

(b)  it has a site area of at least 1 500 square metres.

(9)  The Council is not to grant a consent referred to in subclause (8):

(a)  if the site coverage of the proposed buildings, when considered in total, would exceed 30%, or

(b)  unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan which, for the purposes of this paragraph, is taken to include any development control plan that applies to development for the purpose of single dwellings.

Corner sites

(10)  A corner allotment of land within the Residential 2 (a) Zone (except within the foreshore scenic protection area or the waterfront scenic protection area) may, with the Council’s consent, be developed for the purpose of detached dual occupancy and the allotment may be subdivided so as to create separate land titles for each dwelling if:

(a)  the land is at least 650 square metres in area, and

(b)  each allotment resulting from the subdivision will be at least 12 metres wide at its street frontage, and

(c)  each building resulting from the carrying out of the development will face a public street that is at least 8 metres wide in front of the building, and

(d)  the site coverage of the proposed buildings, when considered both in total and for each of the separate dwellings on allotments to be created by a proposed subdivision under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989, would not exceed 30% when calculated both in respect of the site area of the original allotment and in respect of the allotment proposed for each separate dwelling, and

(e)  where the Council has adopted a development control plan that applies to development for the purpose of single dwellings—the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan.

Development for the purpose of terrace housing

(11)  Development for the purpose of terrace housing may be carried out, with the Council’s consent, on a site consisting of an allotment (or a group of adjoining allotments) of land that is within the Residential 2 (a) Zone if:

(a)  each dwelling resulting from the carrying out of the development will have both frontage to a street that is at least 10 metres wide and a rear boundary to a laneway that is no wider than 7 metres, and

(b)  the Council is satisfied (if the site adjoins other forms of residential development within the Residential 2 (a) Zone or vacant sites within that zone) that the carrying out of the proposed development will comply with such of the requirements of any development control plan applying to single dwellings and adopted by the Council as deal with the impact on residential dwellings and their private open space of the carrying out of development on adjoining land, and

(c)  where the Council has adopted a development control plan that applies to development for the purpose of terrace housing—the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan.

(12)  Nothing prevents each dwelling in a row of terrace houses (other than the two end dwellings) from being built to the side boundary.

cl 22A: Ins 9.7.1999. Am 4.10.2002; 26.11.2004.

23 Brothels

Objective of the provision

To ensure that the operation of brothels meets community standards and does not adversely affect the amenity of land used for educational, recreational, residential, cultural, community or neighbourhood business purposes.

Brothels

(1)  Despite any other provision of this plan, premises shall not be erected or used for the purpose of a brothel where they are located:

(a)  on land within the Residential 2 (a) or 2 (b) Zone or within 50 metres of any such land, or

(b)  adjacent to any property used or partly used for residential purposes, or

(c)  within 50 metres of a railway station ingress or egress point adjacent to a public footpath, or

(d)  near or within view from any church, hospital, community facility, school or public open space or any place regularly frequented by children for recreational or cultural activities.

(2)  In determining an application to carry out development for the purpose of a brothel, the Council must consider:

(a)  whether the brothel will operate near or within view from a church, hospital, community facility, school, public open space or any place regularly frequented by children for recreation or cultural activities, and

(b)  whether the operation of the brothel is likely to cause a disturbance in the neighbourhood when taking into account any other brothels operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation, and

(c)  whether the operation of the brothel is likely to cause a disturbance in the neighbourhood because of its size or the number of people working in it, and

(d)  whether the operation of the brothel is likely to interfere with the amenity of the neighbourhood, and

(e)  any other environmental planning matter that the Council considers is relevant.

24 Exceptions

Objectives of the provision

(a)  To allow for land use exceptions to the zoning control table which meet the overall objectives of this plan,

(b)  To maintain the amenity of residential areas which encompass non-residential uses,

(c)  To support and maintain the viability of existing small shops, and

(d)  To ensure that development is of a scale compatible with surrounding residential development.

Exceptions

Regardless of the other provisions of this plan, the land uses specified in the following table are permitted with the consent of the Council on specified land, but only if in accordance with the conditions, if any, specified in that table:

Land use exceptions table

Address	Permitted land use
151 Bellevue Parade, Hurstville	Car parking.
36 Bunyala Street, Blakehurst	Motel.
10–12 English Street, Kogarah	Vehicular access and car parking.
71–73 Jubilee Avenue, Carlton	Motor showrooms.
75–81 Jubilee Avenue, Carlton	Car parking, where: (a)  a landscaped buffer strip is provided to the Council’s satisfaction along the boundary of the properties fronting the Princes Highway and Jubilee Avenue and Lobb Crescent, and (b)  not more than two floors of car parking is provided.
803 King Georges Road, South Hurstville	Motor showrooms.
916–918 King Georges Road, South Hurstville	A fruit and vegetable shop, where the ratio of the gross floor area of the buildings to the area of the allotment of the land on which the buildings are erected will not exceed 0.27:1.
984–986 King Georges Road, Blakehurst	Vehicular access and car parking.
66 Letitia Street, Oatley	Commercial tennis courts.
28–36 Princes Highway, Kogarah	Motor showroom.
118–122 Princes Highway, Kogarah	Car parking, where: (a)  a landscaped buffer strip is provided to the Council’s satisfaction along the boundary of the properties fronting the Princes Highway and Jubilee Avenue and Lobb Crescent, and (b)  not more than two floors of car parking is provided.
292 Princes Highway, Blakehurst	Panel beating and spray painting.
513–517 Princes Hwy, Blakehurst	Motel.
2–4 Short Street, Kogarah	Medical suites.
385–395 Princes Hwy, Carlton	Materials recycling facility (spare motor vehicle parts only), warehousing and motor showroom.
40 Bellevue Parade, Hurstville	Commercial premises, multi-unit housing and small shops. The overall development being limited to two floors and the amount of floor space used for commercial premises or small shops (or both) being limited to 80 square metres or the existing commercial/retail floor space, whichever is the greater.
64 Blakesley Road, South Hurstville
66 Blakesley Road, South Hurstville
100 Connells Point Road, South Hurstville
115 Connells Point Road, Connells Point
13 Gray Street, Kogarah
15 Gray Street, Kogarah
71 Gray Street, Kogarah
30 Jubilee Avenue, Carlton
32 Jubillee Avenue, Carlton
39 Jubilee Avenue, Carlton
41 Jubilee Avenue, Carlton
43 Jubilee Avenue, Carlton	Commercial premises, multi-unit housing and small shops. The overall development being limited to two floors and the amount of floor space used for commercial premises or small shops (or both) being limited to 80 square metres or the existing commercial/retail floor space, whichever is the greater.
45 Jubilee Avenue, Carlton
55 Jubilee Avenue, Carlton
911 King Georges Road, South Hurstville
97 Noble Street, Allawah
111 Rocky Point Road, Beverley Park
281 Rocky Point Road, Sans Souci
283 Rocky Point Road, Sans Souci
393 Rocky Point Road, Sans Souci
395 Rocky Point Road, Sans Souci
397 Rocky Point Road, Sans Souci
401 Rocky Point Road, Sans Souci
403 Rocky Point Road, Sans Souci
59 Rosa Street, Oatley
4A Wyee Street, Kogarah Bay

Part 5 Dictionary

25 Dictionary

(1)  In this plan:

Acid Sulfate Soil Planning Map means the map marked “Kogarah Local Environmental Plan 1998 (Amendment No 17)—Acid Sulfate Soil Planning Map” kept in the office of the Council.

acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General.

adult concept store means premises used predominantly for the purpose of the display or sale (whether by retail or by auction) of sex items (whether goods or materials) or services (other than prostitution).

amusement centre means a building or place (other than a place in a dwelling) used primarily for the purpose of playing:

(a)  billiards, pool or similar games, or

(b)  electrically or mechanically operated amusement devices such as pinball machines and the like, but only if more than 3 such machines are installed in the building or place.

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

aquaculture means the cultivation (including the propagation and rearing) of the living resources of the sea or inland waters, whether or not the cultivation is carried out in a farm established for that purpose using an artificially created body of water.

archaeological site means the site of one or more relics.

arterial road means:

(a)  a road shown on the land use map by a broken red band, or

(b)  a road declared to be a main road under the Roads Act 1993, or

(c)  a road declared to be a secondary road under the Roads Act 1993.

attached dual occupancy means a dual occupancy comprising 2 attached dwellings on one allotment.

automotive use means a use of a building or work or land for the purpose of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale and installing automotive accessories or parts and includes a workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions, but does not include a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station.

bed and breakfast accommodation means a property occupied by permanent residents who provide temporary paid accommodation to guests, which may include meals, with not more than three guest bedrooms.

boarding house means a building or place (not including a motel):

(a)  where accommodation and laundry facilities are provided to the residents of the building or place, and

(b)  which is not licensed to sell liquor within the meaning of the Liquor Act 1982.

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

bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

bulky goods establishment means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which, in the opinion of the Council, are of such size, shape or weight as to require either or both of the following:

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

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

but does not include a building or place:

(c)  used for the sale of food, clothing or petrol, or

(d)  used for anything that would adversely affect the range of services offered by existing facilities located in any nearby business or industrial centre.

bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.

caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.

centre based child care service means a child care service that is provided at fixed premises (other than the home of the licensee of the service) by a person for the purpose of educating, minding or caring for (but without providing residential care for) 4 or more children (not including any children who are related to the person providing the service) who are under 6 years of age and who do not ordinarily attend school.

club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes, whether of the same or of a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.

commercial premises means a building or place used as an office or for other business or commercial purposes, but (in Part 2) does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose specifically defined in this clause.

community facility means a building or place owned or used by a public authority or a body of persons which provides for the physical, social, cultural or intellectual development or welfare of the local community.

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

contaminated land means land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land and that poses, or is likely to pose, an immediate or long term risk to human health or the environment.

corporation means the corporation constituted by section 8 (1) of the Environmental Planning and Assessment Act 1979.

Council means Kogarah Municipal Council.

demolish a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place.

detached dual occupancy means a dual occupancy comprising 2 detached dwellings on one allotment of land.

drive-in take-away food shop means premises used for the purpose of selling food or drinks prepared and ready for consumption, and providing off-street parking for use by customers.

dual occupancy means 2 dwellings on one allotment, but does not include an extended family unit.

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 using, conserving and enhancing the community’s resources so that ecological processes are maintained and the total quality of life, now and in the future, can be increased.

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

(a)  a school, and

(b)  a tertiary institution, being a university, a TAFE establishment (within the meaning of the Technical and Further Education Commission Act 1990), teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and

(c)  an art gallery or museum that is not used to sell the items displayed in it, whether or not accommodation for staff or students, or both, is provided and whether or not used for the purpose of gain.

extended family unit means a dwelling or part of a building no larger than 65 square metres in area that is detached from, attached to or within, another dwelling and in which facilities for cooking, sleeping and washing are included, but where clothes washing facilities for use in connection with the dwelling or part of the building may be provided on a shared basis.

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

foreshore scenic protection area is the area shown on the land use map by distinctive black hatching and so identified on that map.

generating works means a building or place used for the purpose of making or generating gas, electricity or any other form of energy.

gross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

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

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

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

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

(e)  internal public arcades and thoroughfares, terraces and balconies and the like.

group home means a dwelling that is a permanent group home or a transitional group home.

hazardous industry means development for the purpose of an industry which, if the development were in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality:

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

(b)  to the biophysical environment.

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

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

(b)  to the biophysical environment.

helipad means an area or place not open to the public use which is authorised by the Commonwealth Department of Transport and which is set apart for the taking off and landing of helicopters.

heliport means an area or place open to public use which is licensed by the Commonwealth Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

heritage conservation area means an area described in Part 2 of Schedule 3 and shown in a distinctive manner on the land use map.

heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.

heritage item means a building, work, relic, tree, archaeological site, streetscape or place (which may or may not be situated on or within land that is a heritage conservation area) described in Part 1 of Schedule 3.

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

home based child care service means a child care service that is provided at the home of the licensee of the service for the purpose of educating, minding or caring for (but without providing residential care for) not more than 7 children under the age of 12 years, (including any children who are related to the person providing the service) 5 of whom have not started school.

home business means a dwelling in which an occupation or light industry is carried out by the permanent residents of the dwelling but which does not involve any of the following:

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

(b)  exposure to view from adjacent premises or any public place of goods associated with the business or any unsightly matter,

(c)  employment of more than one person who is not a resident of the dwelling,

(d)  an increase in the capacity of utility service mains in the locality,

(e)  the exhibition of any notice, advertisement or sign (other than one non-illuminated sign which does not exceed 0.75 square metres in area and which is exhibited on that dwelling),

(f)  the display of goods,

(g)  the use of premises as a brothel,

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

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

(j)  any noticeable increase in the number of cars likely to be parked on a street or streets in which the home business is located.

home industry means a light industry carried on in a building (other than a dwelling) situated within the curtilage of a dwelling by the permanent resident of the dwelling, being an industry that does not involve any of the following:

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

(b)  exposure to view from adjacent premises or any public place of goods associated with the light industry or any unsightly matter,

(c)  employment of more than one non-resident of the dwelling,

(d)  an increase in the capacity of utility service mains in the locality,

(e)  the exhibition of any notice, advertisement or sign (other than one non-illuminated sign which does not exceed 0.75 square metres in area and which is exhibited on that building),

(f)  the display of goods,

(g)  the use of premises as a brothel,

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

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

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

hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people admitted as in-patients, whether or not out-patients are also cared for or treated there, and includes:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and

(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

hostel means residential accommodation housing 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.

hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates and may include temporary or short-term accommodation for travellers.

housing for 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.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but (in Part 2) does not include any other use of land elsewhere defined in this clause.

land use map means the map marked “Kogarah Local Environmental Plan 1998”, as amended by the maps (or specified sheets of maps) marked as follows:

Editorial note—

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

Kogarah Local Environmental Plan 1998 (Amendment No 1)

Kogarah Local Environmental Plan 1998 (Amendment No 6)

Kogarah Local Environmental Plan 1998 (Amendment No 7)

Kogarah Local Environmental Plan 1998 (Amendment No 9)

Kogarah Local Environmental Plan 1998 (Amendment No 18)

Kogarah Local Environmental Plan 1998 (Amendment No 19)

Kogarah Local Environmental Plan 1998 (Amendment No 23)

Kogarah Local Environmental Plan 1998 (Amendment No 25)

Kogarah Local Environmental Plan 1998 (Amendment No 30)

Kogarah Local Environmental Plan 1998 (Amendment No 34)

Kogarah Local Environmental Plan 1998 (Amendment No 35)

Kogarah Local Environmental Plan 1998 (Amendment No 36)

Kogarah Local Environmental Plan 1998 (Amendment No 43)

Kogarah Local Environmental Plan 1998 (Amendment No 45)

Kogarah Local Environmental Plan 1998 (Amendment No 47)—Sheets 1–6

Kogarah Local Environmental Plan 1998 (Amendment No 48)

light industry means an industry in which the processes carried on, the transportation involved and the machinery or materials used, do not interfere with the amenity of the neighbourhood, but (in Part 2) does not include a use of land elsewhere defined in this clause.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil or other inflammable liquid.

maintenance means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.

marina means a pontoon, jetty, pier or the like used or intended to be used to provide moorings for boats used for pleasure or recreation, and includes:

(a)  slipways, and

(b)  facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, and

(c)  facilities for the storage or provision of food.

materials recycling facility means a building or place used for the collecting, sorting, dismantling, storing, abandoning or recycling of second-hand or scrap materials for the purpose of resale, reuse or their transfer elsewhere.

minor drainage works means drainage works which are, in the opinion of Council, minor or associated with buildings, dwellings, or ancillary development.

minor repair means the repair of materials by patching, piercing in, splicing and consolidating existing materials, including the replacement of minor individual components such as bricks, stones and timber where they are damaged beyond repair or are missing.

motel means premises, not being a hotel, used for the temporary or short-term accommodation of travellers and also used for the provision of meals to those travellers or to the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed on the premises.

multi-unit housing means three or more dwellings, whether attached or not.

nursing home means premises at which residents are provided with nursing care for fee, gain or reward, being residents:

(a)  who are recuperating from illness or childbirth and who require nursing care, or

(b)  who require nursing care on account of age, infirmity, chronic ill-health or other condition,

but does not include:

(c)  an institution conducted by or on behalf of the State, or

(d)  an incorporated hospital or a separate institution within the meaning of, or a hospital specified in Schedule 5 to, the Public Hospitals Act 1929, or

(e)  a hospital or other house service under the control of an area health service constituted under the Area Health Services Act 1986, or

(f)  a private hospital or a day procedure centre within the meaning of the Private Hospitals and Day Procedure Centres Act 1988, or

(g)  a residential rehabilitation establishment licensed under the Drug and Alcohol Rehabilitation Act 1987.

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

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

older people means people of or above 55 years of age.

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

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

(a)  body building, and

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

(c)  spray painting.

permanent group home means a dwelling:

(a)  which is used to provide a household environment for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and

(b)  which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,

but does not include a building used for the housing of older people or people with a disability.

place of Aboriginal heritage significance means:

(a)  a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

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

potential archaeological site means a site that, in the opinion of the Council, has the potential to be an archaeological site.

potential place of Aboriginal heritage significance means a place that, in the opinion of the Council, has the potential to have Aboriginal heritage significance.

professional consulting room means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling house, and used by not more than three legally qualified medical practitioners, or by not more than three dentists, or by not more than three health care professionals who, if more than one, practise in partnership, and who employ not more than three people in connection with the practice.

public building means a building or place used as a business or office by a public authority or an organisation established for a public purpose.

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

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

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

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

(d)  telecommunication facilities.

recreation area means:

(a)  a children’s playground, or

(b)  an area used for sporting activities or sporting facilities, or

(c)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i)  the Council, or

(ii)  a body of persons associated for the purpose of promoting the physical, cultural or intellectual welfare of persons within the community,

and includes golf courses, tennis courts and bowling greens and any ancillary club building and showgrounds.

refreshment room means a restaurant, cafe, tea room, eating house or the like.

relic means:

(a)  any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of Kogarah local government area and that is a fixture or is wholly or partly within the ground, or

(b)  any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of Kogarah local government area.

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 and does not include anything elsewhere defined in this clause.

self-contained dwelling means a dwelling or part of a building, whether attached to another dwelling or not, housing older people or people with a disability, where private facilities for cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part may be provided on a shared basis.

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

(a)  the hiring of trailers,

(b)  the retail selling or the installing of spare parts and accessories for motor vehicles,

(c)  the washing or greasing of motor vehicles,

(d)  the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),

(e)  the retail selling or hiring of small consumer goods.

shop means a building or place used for the purpose of selling (whether by retail or auction), hiring or displaying items (whether goods or materials).

site area, in relation to development, means the area of land to which an application for consent to carry out development relates, but does not include any part of the land on which the development is not permitted by or under this plan or any other environmental planning instrument.

site coverage means the ratio of the sum of the areas within the outer face of the external enclosing walls of the ground floor levels of all buildings on a site (including garages but not including columns, fin walls and sun control devices) to the site area, expressed as a percentage.

small shop means a building or place with a gross floor area which does not exceed 80 square metres used for the purpose of selling (whether by retail or auction), hiring or displaying items (whether goods or materials).

streetscape means the character of a locality (whether it be a street or precinct) defined by the spatial arrangement and visual appearance of built and landscape features when viewed from the street.

terrace house means a dwelling in a row of four or more attached dwellings each of which:

(a)  addresses the street, and

(b)  has a similar setback from the street to each other of the dwellings, and

(c)  has a separate entrance door accessible to the street, and

(d)  has a rear private outdoor courtyard area that is at the same or a similar level to a floor level of the dwelling and is immediately accessible from the dwelling, and

(e)  has the type and character of a dwelling that is commonly referred to as a terrace house.

the Act means the Environmental Planning and Assessment Act 1979.

tourist facilities means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities.

townhouse means a two-storey dwelling within a multi-unit housing development, which may or may not be attached to another dwelling, on a single allotment or on adjoining allotments that comprise a single site, where each dwelling has a separate entrance door accessible from an outside area and a private outdoor courtyard area at a level the same as, or similar to, the floor level of the dwelling.

transitional group home means a dwelling:

(a)  which is used to provide temporary accommodation, for the purpose of relief or rehabilitation, for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and

(b)  which is occupied by the person referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,

but does not include a building for the housing of older people or people with a disability.

transport terminal means a building or place used as an airline terminal, a road transport terminal or a bus depot.

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

villa means a single-storey dwelling within a multi-unit housing development, which may or may not be attached to another dwelling, on a single allotment or on adjoining allotments that comprise a single site, where:

(a)  each dwelling has a separate entrance door accessible from an outside area and a private outdoor courtyard area, and

(b)  the floor level of the dwelling is no more than 1.2 metres above natural ground level, with only garages and non-habitable rooms below that floor level.

warehouse or distribution centre means a building or place used mainly for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, but not for the retail sale of items to the public from the building or place.

waterfront scenic protection area is the area shown on the land use map with distinctive black cross hatching and so identified on that map.

(2)  In this plan:

(a)  a reference to development of land for a purpose includes a reference to proposed development of land for that purpose, and

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

(c)  a reference to land within a zone is a reference to land shown on the land use map as being within that zone.

(3)  The list of contents is not part of this plan.

cl 25: Am 26.2.1999; 7.5.1999; 14.5.1999; 9.7.1999; 6.8.1999; 29.10.1999; 25.2.2000; 8.3.2002; 28.3.2002; 12.7.2002; 4.10.2002; 6.12.2002; 24.1.2003; 15.8.2003; 29.8.2003; 24.12.2003; 9.1.2004; 8.4.2004; 7.5.2004; 6.8.2004; 2005 (144), Sch 1 [1] [2]; 2006 (186), Sch 1 [2]; 2007 (648), Sch 1 [2]; 2007 (649), Sch 1 [1]; 2008 (153), cl 4; 2008 (175), cl 4.

Schedule 1 Development without consent

(Clause 6 (1) (a))

1 The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and (b) the erection within the limits of a railway station of buildings for any purpose, but excluding: (c) the construction of new railways, railway stations and bridges over roads, (d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, (e) the formation or alteration of any means of access to a road, and (f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place. The carrying out by persons carrying on public utility installations, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings: (a) development of any description at or below the surface of the ground, (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation, (c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickwork, (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired or in process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or (f) any other development, except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or (ii) the formation or alteration of any means of access to a road.

3 The carrying out by persons carrying on public utility installations, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

4 The carrying out by persons carrying on public utility installations, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, live-stock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except: (a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

5 The carrying out by persons carrying on public utility installations, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works, and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

6 The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of a road.

7 The carrying out or causing to be carried out by a Council engaged in flood mitigation works or by the Water Administration Ministerial Corporation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood irrigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912 , the Irrigation Act 1912 , the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948 , except: (a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

Schedule 2 Classification and reclassification of public land as operational land

(Clause 13)

sch 2, hdg: Subst 2003 No 82, Sch 2.14.

Part 1 Land classified, or reclassified, under original section 30 of Local Government Act 1993

Connells Point
69 Homedale Crescent	Lot 213, DP 635022
Hurstville
Railway Parade	Pt. Lot A, C.T. Vol. 4359 Fol. 202, as shown within heavy black edging on the map marked “Kogarah Local Environmental Plan No 72” deposited in the office of the Council.
Kogarah
5 Belgrave Street	Lot 101, DP 773531
5A Belgrave Street	Lot 102, DP 773531
7 Belgrave Street	Lot 22, DP 1397
9 Belgrave Street	Lot 23, DP 1397
11 Belgrave Street	Lot 24 & Part Lot 25, DP 1397
2 Derby Street	Lot 37, DP 1397
4 Derby Street	Lot 36, DP 1397
6 Derby Street	Lot 35, DP 1397
Sans Souci
85 The Promenade	Proposed Lot 650, being part of Lot 65, DP 4949, as shown edged heavy black on the map marked “Kogarah Local Environmental Plan 1998 (Amendment No 8)”.

Part 2 Land classified, or reclassified, under amended section 30 of Local Government Act 1993 —interests not changed

Column 1	Column 2
Locality	Description
Allawah
18 Burraneer Close	Lot 18, DP 240867
Kogarah
84 Railway Parade	Lot 4, Sec F, DP 1397, Lot 52, DP 132812 and Lot 7, DP 333525
Kyle Bay
83B Kyle Parade	Lot 1, DP 182999

Part 3 Land classified, or reclassified, under amended section 30 of Local Government Act 1993 —interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Penshurst
1 Centre Street	Lots 8 and 21, DP 11492 (former Penshurst Bowling Club)	Nil.

sch 2: Am 30.4.1999; 29.8.2003; 2006 (187), cl 4; 2007 (649), Sch 1 [2].

Schedule 3 Heritage items

Clause 25 (1) definitions of “heritage item” and “heritage conservation area”

Part 1 Heritage items

In this Schedule, for the purpose of classification of heritage items:

(a)  “L” means of local significance,

(b)  “R” means of regional significance, and

(c)  “S” means of State significance.

Address	Item Name	Description of Item	Classification
59 Ada Street, Carlton	“Dulmar”	House and Garden	L
18 Anglo Square, Carlton	“Yosemite”	House and Garden	L
20 Anglo Square, Carlton		House and Garden	L
24 Anglo Square, Carlton	“Lohengrin”	House and Garden	L
23 Annette Street, Oatley		House and Garden	L
25 Annette Street, Oatley		House and Garden	L
Annette Street, Oatley	Oatley Pleasure Grounds	Reserve	L
43 Arthur Street, Carlton		House and Garden	L
45 Arthur Street, Carlton	“Titus”	House and Garden	L
8 Belgrave Street, Kogarah	“Tokio”	House and Garden	L
Cnr Belgrave Street and Post Office Lane, Kogarah.	Red Martins	Licensed Restaurant	L
3 Bellevue Street, Kogarah	“Ulmarra”	House and garden	L
11 Bellevue Street, Kogarah	“Abestay”	House and garden	L
13 Bellevue Street, Kogarah	“Essieville”	House and garden	L
11 Bowden Crescent, Connells Point		House and Garden	L
9 Bowns Road, Kogarah		House and garden	L
10A Bowns Road, Kogarah.	Kogarah School of Arts	Building and Hall	R
Lot 21, 28 Carlton Crescent, Kogarah Bay.	“Bayview”	House and Front Garden	L
74 Carwar Avenue, Carss Park.	Carss Cottage	Cottage and Garden	R
76–78 Carwar Avenue, Carss Park.	Carss Bush Park	Reserve	R
6 Carysfort Street, Hurstville.	“Maroo”	House and Garden	R
11 Cecil Street, Hurstville Grove	“Yamba”	House and Garden	L
3 Chapel Street, Kogarah.		House and Garden	L
36 Chapel Street, Kogarah.	Parish Centre	Single Storey Residence	L
16 Claremont Street, Penshurst		House	L
Coleborne Avenue, Mortdale	Mortdale Public School	Buildings A and B	L
Coleborne Avenue, Mortdale.	Mortdale Railway Station.	Railway Station	L
30–32 Connells Point Road, Hurstville South		Residential Units	L
85 Connells Point Road, Hurstville South	“Tivetshall”	House and Garden	L
116 Connells Point Road, Connells Point.		House and Garden	R
222 Connells Point Road, Connells Point	“Jacma”	House and Garden	L
290 Connells Point Road, Connells Point.	Connells Point Reserve.	Reserve	L
7 Cross Street, Kyle Bay.		House and Garden	L
37 Culwulla Street, Hurstville South		Church	L
12 Dalkeith Street, Sans Souci.	“Torwood”	House and Garden	L
11 Denman Street, Hurstville	“Oxley”	House and Garden	L
18 Derby Street, Kogarah.	Kogarah Presbyterian Church	Church and Hall	L
1 Derwent Street, Hurstville South	“Pine Villa”	House and Garden	L
3 Dudley Street, Penshurst		House and Garden	L
41 Edward Street, Carlton		House and Shop	L
26 English Street, Kogarah	“Bayview”	House and Garden	L
45 English Street, Kogarah	“The Laurels”	House and Garden	L
52 English Street, Kogarah.		House and Garden	L
72–74 English Street, Kogarah	“Te Komaraki” “Thelma”	Terraces Semi Detached	L
14 Garden Street, Kogarah		House and Garden	L
96 George Street, Hurstville South	“St Raphael’s”	Church/School	L
Georges River, Oatley.	Como Railway Bridge	Bridge	S
4 Gray Street, Kogarah.		Terrace	L
6 Gray Street, Kogarah.		Terrace	L
8 Gray Street, Kogarah.		Terrace	L
10 Gray Street, Kogarah.		Terrace	L
12 Gray Street, Kogarah.		Terrace	L
13–15 Gray Street, Kogarah		Shop	L
14 Gray Street, Kogarah.		Terrace	L
26 Gray Street, Kogarah.	Kogarah Fire Station	Fire Station	L
30 Gray Street, Kogarah.	Griffith House	Hospital Building	R
50 Gray Street, Kogarah.		House and Garden	L
67 Gray Street, Kogarah		House and Garden	L
29A Greenacre Road, Hurstville South		Bowling Club	L
55 Greenacre Road, Connells Point.	“Whitevale”	House and Garden	L
18 Halstead Street, Hurstville South	“Glenhurst”	House and Garden	L
86 Hampton Court Road, Carlton		House and Garden	L
12 Harris Street, Sans Souci		House	L
21 Hastings Road, Ramsgate		House and Garden	L
24–26 High Street, Kogarah	“Falston”	House and Garden	L
2 Hillcrest Avenue, Hurstville	“Loch Even”	House and Garden	L
22 Hillcrest Avenue, Hurstville		House and Garden	L
41 Hillcrest Avenue, Hurstville	“Aintree”	House and Garden	L
102 Hillcrest Avenue, Hurstville	“Rosslea”	House and Garden	L
104 Hillcrest Avenue, Hurstville		House and Garden	L
115 Hillcrest Avenue, Penshurst.		House and Garden	L
129 Hillcrest Avenue, Hurstville		House and Garden	L
22 Hogben Street, Kogarah.		House and Garden	L
29 Hurstville Road, Hurstville.	Quarry Reserve	Reserve and Quarry	L
1A Kensington Street, Kogarah		Church	L
663 King Georges Road, Penshurst.	“West Maling” (Revival Life Centre)	House and Garden	R
789–797 King Georges Road, Hurstville South		Shops	L
850–856 King Georges Road, Hurstville		Ex Theatre	L
141 Lansdowne Street, Hurstville Grove		House and Garden	L
Laycock Road, Penshurst.		Street Trees	L
14B Laycock Road, Penshurst.	Penshurst Reservoirs	Reservoirs and Pumping Station	L
51 Laycock Road, Penshurst	“Kintail”	House and Garden	R
57 Laycock Road, Penshurst.	“Kintail” (stables)	Stables	R
11A Letitia Street, Oatley		Masonic Lodge	L
56 Letitia Street, Oatley.		House and Garden	L
90–92 Letitia Street, Oatley.	“Glenbrook”	House and Garden	L
8 Loch Maree Crescent, Connells Point.		House and Garden	L
Maher Street, Hurstville South.	Hurstville South Public School	Two original school buildings (c 1915 and c 1917)	L
4 Maher Street, Hurstville	“Leyholme”	House and Garden	L
17 Maher Street, Hurstville		House and Garden	L
35 Maher Street, Hurstville		House and Garden	L
4 Marie Dodd Crescent, Blakehurst.	“Braeside Castle”	House and Garden	R
12–12a Merriman Street, Kyle Bay.	Kyle Bay Bowling Club	Bowling Club	L
16A Merriman Street, Kyle Bay	“Timbercay”	House and Garden	L
17 Montgomery Street, Kogarah.	Kogarah Courthouse	Courthouse	L
22 Montgomery Street, Kogarah.	Leah Terrace	Terrace	L
24 Montgomery Street, Kogarah.	Leah Terrace	Terrace	L
26 Montgomery Street, Kogarah.	Leah Terrace	Terrace	L
28 Montgomery Street, Kogarah.	Leah Terrace	Terrace	L
10 Neilson Avenue, Carlton	“Winchester”	House and Garden	L
16 Neilson Avenue, Carlton	“Linden”	House and Garden	L
Oatley Avenue, Oatley	Oatley Memorial Gardens	Reserve	L
Oatley Avenue, Oatley	Oatley Memorial Gardens	Memorial Clock	L
Oatley Parade, Oatley.	Oatley Railway Station	Railway Station	L
15 Ocean Street, Kogarah.		House and Garden	R
15A Ocean Street, Kogarah.		House and Garden	R
17 Ocean Street, Kogarah.		House and Garden	R
19 Ocean Street, Kogarah.		House and Garden	R
23 Ocean Street, Kogarah.		House and Garden	R
25 Ocean Street, Kogarah.		House and Garden	R
27 Ocean Street, Kogarah.		House and Garden	R
47 Ocean Street, Kogarah.		House and Garden	R
72 Pacific Avenue, Penshurst		House	L
4–6 Palmerston Street, Kogarah	Alice Villa	Terraces	L
34 Park Road, Carlton	“St Cuthbert”	Church only excluding Sunday school hall and rectory	L
40 Park Road, Carlton		House and Garden	L
33 Park Street, Carlton.	“The Cobbles”	House and Garden	R
24 Penshurst Avenue, Penshurst		House and Garden	L
25 Penshurst Avenue, Penshurst	“Beverley”	House and Garden	L
1 Phipps Street, Oatley.	Oatley Point Reserve	Reserve	R
1 Planthurst Road, Carlton.		House and Garden	L
5 Planthurst Road, Carlton		House and Garden	L
56 Planthurst Road, Carlton		House and Garden	L
2–8 Premier Street, Kogarah		Terraces	L
10 Premier Street, Kogarah		House and Garden	L
12–18 Premier Street, Kogarah		Terraces	L
53 Princes Highway, Kogarah.	St Pauls Anglican Church and Hall	Church and Hall	R
111 Princes Highway, Kogarah.		Shop and Residence	L
141 Princes Highway, Kogarah.	Roman Catholic Church	Church	R
186 Princes Highway, Beverley Park.	“McWilliam House”	House and Garden	R
195 Princes Highway, Kogarah.		House and Garden	R
247 Princes Highway, Carlton.		Former Hotel	S
249 Princes Highway, Carlton.	Kogarah Park/ Jubilee Oval	Reserve, War Memorial and Oval	R
294A Princes Highway, Carss Park.	Blakehurst Primary School	Original 1881 weatherboard demountable classrooms and 1920–1930 Administration and Library Buildings	L
701 Princes Highway, Blakehurst		House and Garden	L
Princes Highway, Blakehurst.	Georges River (Tom Ugly’s) Bridge	Bridge	L
4 Queens Avenue, Kogarah.		House and Garden	R
32 Queens Road, Connells Point		House and Garden	L
60 Queens Road, Connells Point		House and Garden	L
1 Railway Parade, Kogarah.	Hogben Park	Reserve	L
25 Railway Parade, Kogarah.	The H.V. Evatt Memorial Reserve	Reserve	L
52 Railway Parade, Kogarah.		Shop	L
90 Railway Parade, Kogarah.	Kogarah Community Aid and Information Centre	Kogarah Community Aid and Information Centre	R
92 Railway Parade, Kogarah.		Shops and Offices	L
200 Railway Parade, Kogarah.		Shop	L
202–204 Railway Parade, Kogarah.		Shop	L
314 Railway Parade, Carlton.	Royal Hotel	Hotel	L
470 Railway Parade, Kogarah	Allawah Hotel	Hotel	R
Railway Parade, Allawah.	Allawah Railway Station	Railway Station	L
Railway Parade, Carlton.	Carlton Railway Station	Railway Station	L
70 Ramsgate Road, Ramsgate	“Roma”	Block of Flats	L
4 Regent Street, Kogarah.		Shop	L
7 Regent Street, Kogarah.		Shop	L
9 Regent Street, Kogarah.		Shop	L
11 Regent Street, Kogarah.		Shop	L
13 Regent Street, Kogarah.		Shop	L
28 Regent Street, Kogarah.	Kogarah High School	Original 3 Storey School Building	L
59–61 Rocky Point Road, Kogarah	“Illawarra”	Semi and Garden	L
69 Rocky Point Road, Kogarah		House and Garden	L
177 Rocky Point Road, Kogarah		House and Garden	L
181 Rocky Point Road, Kogarah		Church	L
211–217 Rocky Point Road, Ramsgate		Group of Shops	L
219 Rocky Point Road, Ramsgate		Corner Shop	L
325–329 Rocky Point Road, Ramsgate	St Andrew’s Church	Church only excluding rectory	L
493 Rocky Point Road, Ramsgate	“Blanche Cottage”	House and Garden	L
Rocky Point Road, Sans Souci.	Sans Souci Public School	Original 2 Storey School Building	L
489 Rocky Point Road, Sans Souci.		Stables at rear	R
519 Rocky Point Road, Sans Souci.	Sans Souci Park	Reserve and Public Baths	R
92 Rosa Street, Oatley		House	L
9 Russell Street, Oatley		House and Garden	L
10 Russell Street, Oatley.		House and Garden	R
139 Stuart Street, Blakehurst.		House and Garden	R
145 Stuart Street, Blakehurst.		House and Garden	L
227 Stuart Street, Blakehurst.	Bald Face Point Reserve	Reserve	R
35 Taro Street, Blakehurst		House and Garden	L
219 Terry Street, Blakehurst		House and Garden	L
50 The Boulevarde, Sans Souci	“Kellaton”	House and Garden	L
The Boulevarde, Sans Souci.		Street Trees	L
6 The Promenade, Sans Souci		House and Garden	L
114 The Promenade, Sans Souci.	St. Finbar Roman Catholic Church	Church, School and Convent	L
133–135 The Promenade, Sans Souci		House and Garden	L
169 The Promenade, Sans Souci	“Cuzco”	House and Garden	L
The Promenade, Sans Souci		Sandstone Retaining Wall	L
The Strand, Penshurst.	Penshurst Railway Station	Railway Station	L
56 Townson Street, Blakehurst.		Ruin on Block	R
6–8 Victor Street, Kogarah.	“Lindhurst Gallery”	House and Garden	L
Victoria Street, Kogarah.	St George Girls High School	2 Storey Main Building	L
2 Victoria Street, Kogarah	“Hindmarsh”	House and Garden	L
8 Victoria Street, Kogarah		House and Garden	L
14–16 Victoria Street, Kogarah		House and Garden	L
17 Vista Street, Sans Souci.	“Palmyra”	House	L
23 Vista Street, Sans Souci.	“Ellesmere”	House and Garden	R
67 Vista Street, Sans Souci.	“St Kilda House”	House and Garden	L
52 Waratah Street, Blakehurst.	“Kyle Williams House”	House and Garden	R
5 Waterview Street, Carlton.		House and Garden	L
West Crescent, Hurstville Grove	Moore Reserve	Reserve	L
124 West Street, Hurstville		House and Garden	L
47 Whitfield Parade, Hurstville Grove		House and Garden	L
65 Woids Avenue, Hurstville		House and Garden	L
67 Woniora Road, Hurstville.		House and Garden	L
83–85 Woniora Road, Hurstville.	Woniora Road School	Grounds and Garden	L
95 Woniora Road, Hurstville.	“Fernleigh”	House and Garden	L
Wyong Street, Oatley. (Neverfail Bay).	Derwent and Drake Oyster Farm	Oyster Farm	L
42 Wyong Street, Oatley.		House and Garden	L
Boundary Road, Oatley.		Railway Depot	L

Part 2 Heritage conservation area

Area bounded by King Georges Road, the rear of properties to the south of Greenbank Street, Woniora Road, the rear of properties east of Neirbo Avenue, the rear of properties to the south of Meakem Street and Woniora Road.	O’Briens Estate Heritage Conservation Area
Land fronting or part of (or fronting and part of) Ocean Street, Queens Avenue, Bowns Road and High, Park and Garden Streets, Kogarah, as shown edged heavy black on the map marked “Kogarah Local Environmental Plan 1998 (Amendment No 25)”.	Kogarah South Heritage Conservation Area
So much of the land in Penshurst as is shown edged heavy black on the map marked “Kogarah Local Environmental Plan 1998 (Amendment No 36)”.	Penshurst Heritage Conservation Area

sch 3: Am 4.2.2000; 12.7.2002; 6.12.2002; 23.5.2003; 24.12.2003; 7.5.2004; 2005 (144), Sch 1 [3]; 2006 (186), Sch 1 [3]; 2007 (649), Sch 1 [3]–[5].