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Part 1 Introduction

1 What is the name of this plan?

The name of this plan is Warringah Local Environmental Plan 2000.

2 Where does this plan apply?

(1) This plan applies to the local government area of Warringah.
(2) However, this plan does not apply to any land while it is shown on the map as “Deferred Matter”.

3 What are the purposes of this plan?

The purposes of this plan are:
(a)  as far as possible, to integrate into one document all environmental planning instruments affecting the development of land in Warringah and ensure that this plan is the sole environmental planning instrument applying to the land to which it relates, and
(b)  to describe the desired characters of the localities that make up Warringah and relate the controls on development to the achievement of the desired characters of those places, and
(c)  to establish limits to the exercise of discretion with regard to the control of development, and
(d)  to provide decision-making processes appropriate to the nature and extent of discretion to be exercised.
Note—
The term development is defined broadly by the Environmental Planning and Assessment Act 1979 (the EP&A Act) and includes the erection of buildings, the carrying out of works, the use of land or of a building or work on that land, and the subdivision of land.

4 (Repealed)

cl 4: Am 29.11.2002. Rep 3.12.2004.

5 What effect has this plan on other environmental planning instruments?

(1) Except as provided by subclause (2), the following environmental planning instruments do not apply to the land to which this plan applies while this plan has effect:
State Environmental Planning Policies Nos 1, 4, 5, 6, 9, 11, 19, 21, 22, 33, 35, 44, 45 and 56,
Sydney Regional Environmental Plans Nos 9, 20 and 21,
Warringah Local Environmental Plan 1985.
(2) Any development applications submitted before, but not finally determined when this plan took effect for the land to which they relate, are to be determined as if those other environmental planning instruments continue to have effect and as if this plan had been exhibited but had not been made.
(3) Any development application submitted, but not finally determined, before the commencement of a relevant amending plan is to be determined as if the relevant amending plan had been exhibited but had not been made.
(4) In subclause (3):
relevant amending plan means any of the following local environmental plans:
Warringah Local Environmental Plan 2000 (Amendment No 18)
Warringah Local Environmental Plan 2000 (Amendment No 20)
cl 5: Am 5.10.2001; 2006 (483), Sch 1 [1]; 2008 (296), Sch 1 [1].

6 Definitions and notes

(1) The Dictionary defines some of the words used in this plan.
(2) Notes, copies of charts and diagrams inserted in this plan, and the list of its contents, are explanatory and do not form part of this local environmental plan. They are provided to assist understanding. However, the Dictionary and Appendices are part of this plan.
(3) In this plan, a reference to a map or diagram is to a map or diagram deposited in the office of the Council.
Note—
From time to time this local environmental plan (LEP) will be amended. This may happen to give effect to a change in planning policy for a locality, or for Warringah as a whole. It may also happen to improve the way this LEP operates. An LEP is usually amended by the preparation of a new LEP (an amending LEP). As with all LEPs, amending LEPs must be publicly exhibited and made by the Minister.

Part 2 Control of development

7 What development requires consent?

All development requires consent except:
(a) exempt development, being development of minimal environmental impact identified in Schedule 1 (Exempt development), when carried out in accordance with the requirements of that Schedule, and
(b) development identified in Schedule 2 (Other development not requiring consent), when carried out in accordance with the requirements of that Schedule.

8 What development is complying development?

(1) Individual Locality Statements may identify what development is complying development within that locality.
(2) No matter what a Locality Statement says, however, complying development does not include development:
(a)  within an area shown cross-hatched on the map, or
(b)  on land that is identified as bushfire, slip or flood prone on maps deposited in the office of the Council, or
(c)  within a zone of wave impact identified on the map, or
(d)  on land that contains a heritage item, or
(e)  on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map, where the development involves any works specified for that land in clause 49A.
(3) Development is complying development only if it complies with the deemed-to-satisfy provisions of the Building Code of Australia.
(4) Development is complying development only if it does not contravene any condition of a development consent applying to the land.
(5) Development is complying development only if a plan showing where it will be carried out has been stamped by Sydney Water Corporation to indicate compliance with Sydney Water Corporation’s building over sewer requirements. This requirement does not apply to internal alterations and demolition.
cl 8: Am 3.8.2001.

9 What conditions apply to complying development?

Complying development certificates must include the conditions set out in Schedule 3 (Conditions of complying development certificates).
Note—
Complying development is development that can be approved by accredited certifiers, as well as the consent authority, if it meets specified predetermined development standards. In addition to the circumstances in clause 8 (2), section 76A (6) of the Act also provides additional restrictions on complying development including, among other things, that complying development cannot include development on land that comprises, or on which there is, a heritage item and development which requires the concurrence of another body, including the Director-General of National Parks and Wildlife. You should refer to the Act for more detailed information.

10 What development is prohibited?

The following development is prohibited:
(a) development identified as being prohibited within a Locality Statement, and
(b) signs of the type listed in Schedule 4 (Prohibited signs).

11 Who is the consent authority?

For the purposes of this plan and subject to the Act, the Council is the consent authority.
cl 11: Am 2005 (194), Sch 4.28 [1].
cl 11, note: Rep 2005 (194), Sch 4.28 [2].

12 What matters are considered before consent is granted?

(1) Before granting consent for development the consent authority must be satisfied that the development is consistent with:
(a)  any relevant general principles of development control in Part 4, and
(b)  any relevant State environmental planning policy described in Schedule 5 (State policies).
(2) Before granting consent for development, the consent authority must be satisfied that the development will comply with:
(a)  the relevant requirements made by Parts 2 and 3, and
(b)  development standards for the development set out in the Locality Statement for the locality in which the development will be carried out.
(3) In addition, before granting consent for development classified as:
(a)  Category One, the consent authority must consider the desired future character described in the relevant Locality Statement, or
(b)  Category Two or Three, the consent authority must be satisfied that the development is consistent with the desired future character described in the relevant Locality Statement,
but nothing in a description of desired future character creates a prohibition on the carrying out of development.
Note—
Before granting consent for development the consent authority must consider the matters set out under section 79C of the Act.
To assist with understanding: Category One development is development that is generally consistent with the desired future character of the locality, Category Two development is development that may be consistent with the desired future character of the locality, and Category Three development is development that is generally inconsistent with the desired future character of the locality.
cl 12: Am 3.12.2004.
cl 12, note: Am 3.12.2004.

13 To what extent should neighbouring Locality Statements be considered?

Before granting consent for development within a locality, the consent authority must consider the provisions of a Locality Statement applying to a neighbouring locality if the extent to which they should be considered is specifically described in the Locality Statement for the locality in which the development is proposed.

14 How will the use of land be controlled?

(1) For the purposes of clause 12, development of land within a locality is classified by the relevant Locality Statement as being within one of three following categories:
(a)  Category One,
(b)  Category Two,
(c)  Category Three.
(2) Notwithstanding subclause (1), subdivision, other than when exempt development, is Category Two development.
(3) Development of Category Three proposed on the site of a heritage item is taken to be development of Category Two if the consent authority is satisfied that:
(a)  the retention of the item depends on the granting of consent to the proposed development, and
(b)  the proposed development is in accordance with a conservation plan approved by the consent authority, and
(c)  the granting of consent to the proposed development would ensure that all necessary work identified in the conservation plan is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item or its setting, and
(e)  the proposed development would not adversely affect the amenity of surrounding land.
cl 14: Am 29.11.2002.

14A How is existing Category One or Category Two development dealt with?

(1) In this clause:
existing Category One development:
(a)  means development that:
(i)  is classified as Category One, and
(ii)  was being lawfully carried out when this plan came into force, and
(iii)  has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b)  includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
existing Category Two development:
(a)  means development that:
(i)  is classified as Category Two, and
(ii)  was being lawfully carried out when this plan came into force, and
(iii)  has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b)  includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
(2) This clause applies to development that involves:
(a)  alterations or additions to a building the use of which is existing Category One development or existing Category Two development, or
(b)  the expansion or intensification of existing Category One development or existing Category Two development, or
(c)  the rebuilding of a building the use of which is existing Category One development or existing Category Two development, or
(d)  any combination of paragraph (a), (b) or (c).
(3) This clause does not apply to development that involves a change of use of a building the use of which is existing Category One development or existing Category Two development.
(4) Despite clauses 12 (2) (b) and (3) and 20 (1) and (3), the consent authority may consent to the carrying out of development to which this clause applies, but only if the consent authority is satisfied that the development:
(a)  is of minor environmental impact, and
(b)  does not, to any significant extent, alter the bulk, size or scale of any existing building or existing land use, and
(c)  results in an improvement to the existing character of the locality in which it occurs, and
(d)  is confined to the current lot (or lots) on which the existing Category One development or existing Category Two development is being carried out.
cl 14A: Ins 2005 (561), Sch 1 [1].

15 Does Category Three development involve extra procedures?

(1) Consent may be granted to development classified as Category Three only if the consent authority has considered a statement of environmental effects that includes the items listed in Schedule 15.
(2) The consent authority must not grant consent to an application that includes development classified as Category Three unless the consent authority has considered the findings and recommendations of an independent public hearing into the application, including reasons for its recommendations.
(3) The independent public hearing is to be convened by the Council or its delegate. The purpose of the independent public hearing is:
(a) to provide a forum for allowing interested parties an opportunity to be heard openly by an independent panel, and
(b) to undertake an independent assessment of the proposed development classified as Category Three.
(4) An independent public hearing is to be convened and conducted, and make findings and recommendations, in accordance with such procedures as may be determined by the Council.
(5) Nothing in this clause affects any right of appeal conferred by section 97 of the Act.

16 How is existing Category Three development dealt with?

(1) In this clause, existing Category Three development means development classified as Category Three that could have been lawfully carried out immediately before it became so classified, including development that could have been lawfully carried out at that time because it was an existing use, as defined in section 106 of the Act.
(2) Development applications for existing Category Three development consisting of:
(a) alterations or additions to, or the rebuilding of, a building, or
(b) the expansion or intensification of existing Category Three development,
which, in the opinion of the consent authority, is of a minor nature and does not, to any significant extent, change the scale, size or degree of any building or land use, may be granted consent even if the development is not consistent with the desired future character of the locality.
(3) The provisions of clauses 14 and 15 do not apply to such applications.
Note—
In deciding whether an application for consent to additions etc is of a minor nature, the Council will have regard to any relevant matter, including the built form controls (development standards) for the locality.

17 How will the use of public open space be controlled?

(1) The location of public open space is identified on the map.
(2) Public open space can be developed for any purpose that is consistent with a plan of management applying to that public open space.
(3) In the absence of a plan of management, only exempt development and development for the purpose of recreation facilities can be carried out on public open space.
(4) Development on public open space, other than exempt development, is to be regarded as Category Two development.
(5) If public open space contains bushland, any development which will disturb that bushland should be carried out only if a plan of management has been prepared which specifically assesses the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and the consent authority is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland.
(6) Upon acquisition by the Council of any land shown on the map as reserved for public open space, and on vesting in the Council of land dedicated to the Council for the purposes of public open space, the land shall be deemed to be public open space for the purposes of this clause.
Note—
Any development of public open space must also be consistent with a plan of management for that land prepared in accordance with the Local Government Act 1993, in the case of public open space that is owned by the Council, or a plan of management prepared in accordance with the Crown Lands Act 1989, in the case of public open space that is Crown land.

18 How will the built form of development be controlled?

(1) Built form will be controlled in accordance with the general principles of development control, the desired future character of the locality and the development standards set out in the Locality Statement.
(2) Strict compliance with development standards, however, does not guarantee that the development is consistent with either the general principles of development control or the desired future character of the locality.
(3) Nothing in this plan requires development to comply strictly with a quantitative requirement made in any general principle of development control.
cl 18: Am 3.12.2004.

19 When is a masterplan required?

(1) A masterplan is a document (consisting of written information, maps and diagrams) that makes more detailed provisions relating to development of the land to which it relates than this plan. A masterplan:
(a)  outlines long-term proposals for development of the entire site to which the masterplan relates, and
(b)  explains how those proposals address the range of matters outlined below.
(2) Where a Locality Statement requires development of land to be assessed with regard to a masterplan, the consent authority must not grant consent to that development unless:
(a)  a masterplan for the development of the land has been adopted by the consent authority and the consent authority has had regard to it, or
(b)  the consent authority has waived the requirement for the masterplan under subclause (3), or
(c)  a draft masterplan for the land has been submitted to the consent authority for adoption, but either has been rejected by the consent authority or has not been adopted before the development application is deemed to have been refused by the Act.
If a Locality Statement requires development of land to be assessed with regard to a masterplan, but paragraph (b) or (c) applies, the consent authority must not grant consent to that development unless it has had regard to all matters listed in subclause (5) that are relevant to the proposed development.
(3) The consent authority may waive the requirement for a masterplan, but only if it is satisfied:
(a)  that the proposed development is of a minor nature only and is ancillary to the current use of the land, or
(b)  that the development to which the development application relates is for the purpose of providing public infrastructure or utility installations, or
(c)  that the proposed development complies, without variation, with all of the built form controls in the Locality Statement.
(4) A masterplan may be prepared by, or on behalf of, the owner of the land concerned following consultation with the consent authority.
(5) A masterplan is to address, illustrate and explain, where appropriate, proposals covering the following range of matters (but is not limited to them):
(a)  design principles drawn from an analysis of the site and its context,
(b)  phasing of development,
(c)  distribution of land uses, including foreshore public access and open space,
(d)  subdivision pattern,
(e)  building envelopes and built form controls,
(f)  pedestrian, cycle and road access and circulation network, with particular regard to public transport servicing,
(g)  parking provisions,
(h)  infrastructure provision,
(i)  heritage conservation, including both Aboriginal and European heritage,
(j)  remediation of the site,
(k)  provision of public facilities,
(l)  provision of open space, its function and landscaping,
(m)  impact on, and improvements to, the public domain,
(n)  identification and conservation of native flora and fauna habitat on the site, including any threatened species, populations or ecological communities,
(o)  the principles of ecologically sustainable development,
(p)  stormwater drainage and water management,
(q)  bushfire hazard management,
(r)  the relevant general principles of development control outlined in Part 4, and
(s)  any other matter it is required to address by the relevant Locality Statement.
(6) Immediately after receiving a draft masterplan, the consent authority must advertise it in a newspaper circulating in the locality and exhibit it at the Council’s office for not less than 21 days, for public comment. The consent authority must consider any written submissions made about the content of the masterplan during the exhibition period.
(7) After considering a draft masterplan, the consent authority:
(a)  may adopt the masterplan without variation, or
(b)  may adopt the masterplan with such variations as it considers appropriate, or
(c)  may reject the masterplan, specifying the grounds upon which the masterplan is rejected.
(8) A masterplan may be amended by a subsequent masterplan.
(9) An amendment to a masterplan may be dealt with concurrently with a development application.

20 Can development be approved if it does not comply with a development standard?

(1) Notwithstanding clause 12 (2) (b), consent may be granted to proposed development even if the development does not comply with one or more development standards, provided the resulting development is consistent with the general principles of development control, the desired future character of the locality and any relevant State environmental planning policy.
(2) In localities A2, A4, A5, A7, B2, B9, C8 and C10, the minimum area per dwelling required by the housing density standard is deemed to be the minimum allotment size for allotments created by subdivision.
(3) Where consent is granted for development that does not comply with one or more development standards, the Council is to ensure that the circumstances of the case and reasons for granting consent (in such a way that does not comply with the development standards) are included in a public register of such consents.
(4) This clause does not apply in relation to a development standard relating to maximum building height established by the Building Heights Map within the Dee Why Town Centre Locality Statement (E21).
cl 20: Am 2005 (561), Sch 1 [2]; 2008 (547), Sch 1 [1].

21 Can land be subdivided?

(1) Land can be subdivided so long as:
(a) the resulting allotments can be developed in accordance with this plan, or
(b) the resulting allotments contain buildings or works lawfully created or approved.
(2) Subclause (1) (b) does not apply to the following localities:
A2 Booralie Road, A4 Myoora Road, A5 McCarrs Creek Road, A7 Mona Vale Road North, B9 Mona Vale Road East, B2 Oxford Falls Valley, C8 Belrose North and C10 Mona Vale Road West.
(3) In addition to other matters specified in this plan, the consent authority must be satisfied that the proposed development is consistent with the provisions of Schedule 7 (Matters for consideration in a subdivision of land) before approving an application for consent to subdivide land.
cl 21: Am 21.12.2001.

22 When is a site analysis required?

(1) Consent must not be granted for any development, except complying development, involving the erection of, or additions to, a building, or the subdivision of land unless the consent authority has considered a site analysis.
(2) A site analysis should:
(a) contain information, where appropriate, about the site and its surrounds as described in Schedule 8 (Site analysis), and
(b) be accompanied by a written statement explaining how the design of the proposed development responds to the site analysis, and the relevant general principles of development control in Part 4 and the Locality Statement.
Note—
A site analysis is a drawing that records details of the site and its surrounds. Depending on the scale and the nature of the development proposed, a site analysis might simply take the form of notations on the development plan. For proposals likely to have greater impacts, a separate drawing might be required. In either event, a site analysis should not be seen as a standard exercise and the amount of information required in a site analysis will vary from proposal to proposal.

23 What development is advertised development?

(1) The following development is advertised development for the purposes of the Act:
(a)  development on or adjacent to public open space that will disturb bushland,
(b)  development for the purpose of potentially offensive industries and potentially hazardous industries,
(c)  development involving the creation of two or more dwellings (other than a granny flat),
(d)  development which involves the demolition of an item identified as having heritage significance in this plan,
(e)  development for the purpose of category A remediation work, unless the remediation work is designated development or State significant development,
(f)  development that is or involves development classified as Category Three,
(g)  development on land owned by the State or Commonwealth Government, or institutions which promote the physical, religious, social, cultural or intellectual welfare of persons in the community, if the development is different from the land’s current use or any use for which it was held by the government department or authority or institution.
(2) Clause 15 applies to an application for consent to development described in subclause (1) (g).
cl 23: Am 2005 (561), Sch 1 [3].

24 (Repealed)

cl 24: Rep 2005 (194), Sch 4.28 [3].

25 What notification requirements are there for remediation work?

Notification requirements for remediation work are contained in Schedule 9.

26 What public exhibition period applies to development applications for category A remediation work?

Pursuant to section 29A of the Act, the period specified in clause 65 (5) (d) of the Environmental Planning and Assessment Regulation 1994 is extended to 30 days in relation to development for the purposes of category A remediation work identified as advertised development in clause 23.

27 When is category B remediation work ancillary to other development?

(1) A remediation work that would of itself be a category B remediation work but which is ancillary to designated development that requires development consent may, as an applicant chooses:
(a)  be made part of the subject of the development application for the designated development instead of being made the subject of a separate development application, or
(b)  be treated as a category B remediation work.
(2) However, a category A remediation work must be treated as such even if it is ancillary to development that may be carried out without consent.
(3) A remediation work that would of itself be a category A remediation work and constitute designated development does not, just because it is ancillary to other development:
(a)  render the other development designated development, or
(b)  cause that other development to become development for which development consent is required.

28 When should applications for category A remediation works not be refused?

(1) Consent for development for the purpose of a category A remediation work should not be refused unless the consent authority is satisfied that there would be a more significant risk of harm to human health or some other aspect of the environment from the carrying out of the work than there would be from the use of the land concerned (in the absence of the work) for any purpose for which it may lawfully be used.
(2) (Repealed)
cl 28: Am 2008 (571), Sch 3.183 [1].

29 On what grounds can applications for housing for older people or people with disabilities not be refused?

(1) This clause does not apply to land within the B6 War Veterans locality.
(2) Consent for development for the purpose of housing for older people or people with disabilities cannot be refused on the grounds of:
(a)  building height
if all proposed buildings are 8 metres or less in height when measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point, or
(b)  density and scale
if the density and scale of the buildings, when expressed as a floor space ratio is:
(i)  0.5:1 or less, except as provided by subparagraph (ii), or
(ii)  0.75:1 or less, for hostels and residential care facilities located within 400 metres walking distance of a public transport node (being a public transport facility such as a railway station, bus stop, or ferry wharf, that is serviced on a frequent and regular basis in daylight hours), or
(c)  landscaped area
if a minimum of 35m² of landscaped area per dwelling and 25m² of landscaped area per hostel or residential care facility bed is provided, or
(d)  parking
if at least the following is provided:
(i)  in the case of a hostel or residential care facility, at least 1 parking space for each 10 beds in the hostel or residential care facility, and 1 parking space for each two persons to be employed in connection with the development and on duty at any one time, and 1 parking space suitable for an ambulance, and
(ii)  in the case of dwellings, at least 0.5 car space for each bedroom where the development application is made by a person other than the Department of Housing or a local government or community housing provider, or 1 car space for each 5 dwellings where the development application is made by, or is made by a person jointly with, the Department of Housing or a local government or community housing provider, or
(e)  visitor parking
if, in the case of development that comprises less than 8 dwellings and is not situated on a clearway, no visitor parking is provided within the development, or
(f)  landscaped areas
if, in relation to that part of the site (being the site, not only of that particular development, but also of any other associated development to which this clause applies) that is not built on, paved or otherwise sealed, there is soil of a sufficient depth to support the growth of trees and shrubs on an area (preferably located at the rear of the site) of not less than the width of the site multiplied by 15% of the length of the site, or
(g)  private open space for in-fill housing
if:
(i)  in the case of a single storey dwelling or a dwelling that is located, wholly or in part, on the ground floor of a multi-storey building, not less than 15 square metres of private open space per dwelling is provided and, of this open space, one area is not less than 3 metres wide and 3 metres long and is accessible from a living area located on the ground floor, and
(ii)  in the case of any other dwelling, there is a balcony with an area of not less than 6 square metres, that is not less than 1.8 metres in length and that is accessible from a living area.

30 (Repealed)

cl 30: Rep 17.12.2004. Ins 2005 (561), Sch 1 [4]. Rep 2008 (571), Sch 3.183 [2].

31 How can the Council make tree preservation orders?

(1) The Council may, by resolution, make, revoke or amend a tree preservation order.
(2) A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, poisoning, removing or willful destruction of any tree or trees to which a tree preservation order applies without development consent.
(3) This clause does not apply in respect of:
(a)  trees within a State Forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or
(b)  trees in a national park, within the meaning of the National Parks and Wildlife Act 1974, or
(c)  the trimming or removal of trees in accordance with section 48 of the Electricity Supply Act 1995 or by an electricity distributor in accordance with clause 47 of the Electricity Supply (General) Regulation 1996, or
(d)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
(4) A tree preservation order and any revocation or amendment of such an order does not have effect until it has been published in a newspaper circulating in the Warringah local government area.

32 What effect do covenants and similar instruments have on development permitted by this plan?

Any agreement, covenant or similar instrument to the extent that it purports to restrict or prohibit development allowed by this plan, or the granting of a consent, does not apply. This does not affect the rights or interests of any public authority under any registered instrument.

33 Are heliports ancillary to housing?

For the purposes of this plan, heliports are not ancillary to housing.

Part 3 Reservations

34 What land is reserved to be acquired for a public purpose?

The map identifies land which is reserved for public open space, regional open space, local roads or arterial roads.
Any such land is referred to in this plan as reserved land.
cll 34: Am 5.10.2001.

35 How will reserved land be acquired?

(1) The owner of any reserved land may, by notice in writing, require the responsible authority to acquire that land:
(a)  In the case of land reserved for public open space, the responsible authority is the Council.
(b)  In the case of land reserved for regional open space, the responsible authority is the corporation.
(c)  In the case of land reserved for local roads, the responsible authority is the Council.
(d)  In the case of land reserved for arterial roads, the responsible authority is the Roads and Traffic Authority.
(2) Upon receipt of a notice referred to in subclause (1), the public authority concerned shall acquire any reserved land to which it applies, subject to subclauses (3) and (4).
(3) The Council need not take any action to acquire land referred to in subclause (1) (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving the notice if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the planning controls applying to the land.
(4) The Council need not acquire land referred to in subclause (1) (a) pursuant to the notice if the land has ceased to be reserved land, or the Council has decided to prepare a local environmental plan to remove the reservation of the land, before the period of 90 days (or the agreed period) expires.
Note—
Land is acquired by mutual agreement between the landowner and the responsible authority. In the event that mutual agreement cannot be reached land is acquired in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
cll 35: Am 5.10.2001.

36 Can development be allowed on reserved land?

(1) Consent may be granted for development on reserved land provided it does not render the land unfit for the purpose for which it is reserved.
(2) Before granting consent to development on reserved land, the consent authority must consider:
(a)  the effect of the proposed development on the costs of acquisition,
(b)  the imminence of the acquisition, and
(c)  the costs associated with the reinstatement of the land so it can be used for the purpose for which it is reserved.
(3) If the land is reserved for public open space or regional open space and contains bushland, the consent authority must, before granting consent, also assess the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and be satisfied that disturbance of the bushland is essential for proposed development that is in the public interest and that no reasonable alternative is available to the disturbance of that bushland.
cl 36: Am 5.10.2001; 2008 (571), Sch 3.183 [3].

37 How is a reservation removed?

Land ceases to be reserved land for the purposes of this plan when it is acquired by the authority responsible for acquiring it.

Part 4 General principles of development control

Division 1 General

38 Glare and reflection

Development is not to result in overspill or glare from artificial illumination, or sun reflection, which would unreasonably diminish the amenity of the locality.

39 Local retail centres

Local retail centres are to incorporate a range of small-scale shops and business uses at street level with offices or low-rise shop-top housing (being housing not on the ground floor) above to create places with a village-like atmosphere that provide a safe and comfortable environment for pedestrians and a range of business and community uses meeting the needs of the surrounding area.
Development is to integrate with the established pattern of the centre and the continuity of existing streetscapes is to be maintained.
The building height in local retail centres is to accord with the height limit for the applicable locality, unless the Locality Statement provides otherwise.
Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of development in the local retail centre is to provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly at the first floor level.
Other built form controls set out in a Locality Statement which are not specifically addressed to a local retail centre are not to be considered.
Note—
The location of local retail centres is shown on the map.
cl 39: Am 2005 (561), Sch 1 [5].

40 Housing for older people or people with disabilities

Support services:
Development for the purpose of housing for older people or people with disabilities must provide residents with adequate access to:
(a)  shops, banks and other retail and commercial services that residents may reasonably require, and
(b)  community services and recreation facilities, and
(c)  the practice of a general medical practitioner.
Access is adequate only if:
(a)  the facilities and services referred to above are located at a distance of not more than 400 metres from the site of the proposed development, or
(b)  there is a transport service available to the residents who will occupy the proposed development:
(i)  that is located at a distance of not more than 400 metres from the site of the proposed development, and
(ii)  that will take those residents to a place that is located at a distance of not more than 400 metres from the relevant facilities or services, and
(iii)  that is available both to and from the proposed development during daylight hours at least once per day from Monday to Friday (both days inclusive).
The consent authority must not consent to development for the purpose of housing for older people or people with disabilities on land that adjoins land in a locality used primarily for urban purposes unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have reasonable access to:
(a)  home delivered meals, and
(b)  personal care and home nursing, and
(c)  assistance with housework.
In deciding whether the level of access residents have to each facility and service listed above is reasonable (whether provided by the management or by an external service provider) the consent authority will consider the following:
•  the type of housing proposed and the needs of the people who are most likely to occupy that type of housing, and
•  whether the type or scale of housing proposed could, or may reasonably be expected to, provide some facilities and services on-site in a cost-effective manner, and
•  the affordability of any relevant facility or service.
If infrastructure for a facility or service is provided as part of the development, it will be available to residents when the housing is ready for occupation. In the case of a staged development, the buildings and works comprising the infrastructure can be provided proportionately according to the number of residents in each stage.
Wheelchair access:
Development for the purpose of housing for older people or people with disabilities must comply with the following access standards:
(a)  site gradient
(i)  if the whole of the site has a gradient of less than 1:10, 100% of the hostel or residential care facility beds and 100% of the dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road or an internal road or a driveway that is accessible to all residents, or
(ii)  if the whole of the site does not have a gradient of less than 1:10, a percentage (which is not less than the proportion of the site that has a gradient of less than 1:10, or 50%, whichever is the greater, and which in this subparagraph is called the specified minimum percentage) of any hostel or residential care facility beds and the specified minimum percentage of any dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road or an internal road or a driveway that is accessible to all residents, and
(b)  road access
at least 10% of any hostel or residential care facility beds and at least 10% of any dwellings which meet the requirements of paragraph (a) must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road, and
(c)  common areas
access must be provided so that a person using a wheelchair can use common areas and common facilities associated with the development, and
(d)  adaptability
10% of any hostel or residential care facility beds and 10% of any dwellings which meet the requirements of paragraph (a) must also have, or be capable of being modified so that they have, wheelchair access by a continuous path of travel (within the meaning of AS 1428) to all essential areas and facilities inside the hostel, residential care facility or dwellings, including a toilet, bathroom, bedroom and a living area.
Other principles and standards
Development for the purpose of housing for older people or people with disabilities must also comply with the standards and principles in Schedule 16.

41 Brothels

Brothels are not to be visible from, or located in close proximity to, churches, schools, medical centres, community facilities, places of high pedestrian activity or any place frequented by children for care, recreational or cultural purposes. The appearance of brothels is to be discreet and is not to include shop fronts, window displays or signs.

42 Construction sites

Construction sites are not to unreasonably impact on the surrounding amenity, pedestrian or road safety, or the natural environment.
In particular:
•  adequate areas are to be allocated for the handling and storage of materials which are safe and do not interfere with pedestrian and traffic movement,
•  the timing, frequency, and routes of construction vehicle movements are to be safe and minimise impact on roads, pedestrian and traffic movement and surrounding residents,
•  construction waste is to be minimised, legally handled, transported and disposed of,
•  dedicated safe pedestrian access is, at all times, to be provided around the site, and
•  construction sites will be managed to ensure air and water borne pollutants such as noise, dust, odour and liquids and the like are minimised.

Division 2 Health and safety

43 Noise

Development is not to result in noise emission which would unreasonably diminish the amenity of the area and is not to result in noise intrusion which would be unreasonable to the occupants.
In particular:
•  noise from the combined operation of all mechanical plant and equipment must not generate noise levels that exceed the ambient background noise level by more than 5 dB (A) when measured in accordance with the Environment Protection Authority’s Industrial Noise Policy at the receiving boundary of residential and other noise-sensitive land uses, and
•  development near existing noise generating activities, such as industry and roads, is to be designed to mitigate the effect of that noise, and
•  waste collection and delivery vehicles are not to operate in the vicinity of residential uses between 10 pm and 6 am.
cl 43: Am 2005 (561), Sch 1 [6].

44 Pollutants

No development is to be carried out which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on other land in the locality), would result in the emission of atmospheric (including odours), liquid or other pollutants which would unreasonably diminish the amenity of adjacent properties, the locality or waterways.

45 Hazardous uses

(1) Development, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on the other land in the locality), must not pose a significant risk in relation to:
(a)  human health, life or property, or
(b)  the biophysical environment.
(2) Applications for consent to development which, in the absence of any measures proposed to minimise its impact on the locality, would pose a risk such as any of those described above, must not be granted unless the consent authority has considered:
(a)  a preliminary hazard analysis prepared in accordance with the current circulars or guidelines published by the Department of Urban Affairs and Planning, and
(b)  whether there are any feasible alternatives to the carrying out of the development and the reasons for choosing the development the subject of the application (including any feasible alternatives for the location of the development and the reasons for choosing the location the subject of the application).
Note—
In determining whether the use of land is likely to pose a risk such as those described above, or is likely to cause noise or pollution, consideration must be given to current circulars or guidelines published by the Department of Urban Affairs and Planning relating to hazardous or offensive development. At present such guidelines are limited to the “Hazardous Industry Planning Advisory Paper No 4, Risk Criteria for Land Use Safety Planning”.

46 Radiation emission levels

Radiation emission levels from mobile phone base stations, antennas and transmitters which emit electromagnetic radiation are to be as low as practicable or the facilities are to be located as far as practicable from dwellings and other areas where people are concentrated.

47 Flood affected land

Development on flood affected land is to be sited and designed to minimise impacts of flooding on property and have regard to the existing flood regime.
In particular:
•  development is not to reduce flood storage area or impact upon the existing flood regime,
•  habitable floor areas of buildings are to be at a level of at least 500mm above the 1% annual exceedence probability flood level, and
•  buildings or works affected by flooding are to be constructed of flood compatible building materials.
For the purposes of this clause, flood affected land means land below the 1 per cent annual exceedance probability flood level.
cl 47: Am 2004 No 91, Sch 2.87 [1]; 2005 (561), Sch 1 [7] [8].

48 Potentially contaminated land

The consent authority must not consent to the carrying out of development on land unless:
•  it has considered whether the land is contaminated, and
•  if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and
•  if the land requires remediation to be made suitable for the development proposed to be carried out, it is satisfied that the land will be remediated before the development is carried out.
Consent for development on any of the following land must not be granted unless the consent authority has considered a preliminary investigation of the land concerned prepared in accordance with the contaminated land planning guidelines under section 145C of the Act:
•  land that is specified in a preliminary investigation order under the Contaminated Land Management Act 1997, and
•  land on which development referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out, and
•  any land, to the extent to which it is proposed to carry out development on it for residential, educational, recreational or childcare purposes, or for the purpose of a hospital, and
•  any land in relation to which there is no knowledge (or incomplete knowledge) as to whether development referred to in Table 1 to the contaminated land planning guidelines has been carried out, and
•  any land on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).
cl 48: Am 2009 No 56, Sch 2.74 [3].

49 Remediation of contaminated land

State Environmental Planning Policy No 55—Remediation of Land applies to land to which this plan applies despite any other provision of this plan.

49A Acid sulfate soils

Development on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map is to be carried out in a manner that manages any disturbance to acid sulfate soils so as to minimise impacts on natural waterbodies and wetlands, and on agriculture, fishing, aquaculture, urban activities and infrastructure.
In particular:
Consent must not be granted to proposed works outlined below for the Class of land concerned, that disturb more than one tonne of soil or that are likely to lower the watertable, unless the consent authority has considered an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines. However, an acid sulfate soils management plan is not required where a preliminary assessment of the proposed works undertaken in accordance with these guidelines indicates that the proposed works need not be carried out pursuant to an acid sulfate soils management plan, and a copy of the assessment has been given to the Council.
Class of land as shown on Acid Sulfate Soils Hazard 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 on land below the 10 metre AHD contour and within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land
Note—
The works may occur in the carrying out of agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins), foundations, flood mitigation works or other works that are likely to lower the watertable.
cl 49A: Ins 3.8.2001.

Division 3 Public domain

50 Safety and security

Development is to maintain and where possible enhance the safety and security of the locality.
In particular:
•  buildings are to overlook streets as well as public and communal places to allow casual surveillance,
•  service areas and access ways are to be either secured or allow casual surveillance,
•  there is to be adequate lighting of entrances and pedestrian areas,
•  after hours land use activities are to be located along primary pedestrian routes,
•  public toilets, telephones and other public facilities are to be located so as to have direct access and to be clearly visible from well trafficked public spaces, and
•  entrances to buildings are to be from public streets wherever possible.
cl 50: Am 2005 (561), Sch 1 [9] [10].

51 Front fences and walls

Fences, including side fences, located within the street setback area (as identified in the Locality Statement) are to be compatible with the existing streetscape character unless the applicable Locality Statement provides otherwise.
Fences are to be constructed so as to allow for casual surveillance except on main roads where it can be demonstrated that a solid fence is consistent with the existing streetscape and is required to mitigate traffic noise.
Where solid fences are required they are to be articulated to provide visual interest or set back to allow for landscaping to adequately soften and screen the appearance of such fences.
Note—
The erection of fences which are not greater than 1.2 metres in height and are of open construction is generally exempt development and does not require development consent. Refer to clause 7 and Schedule 1 (Exempt development).

52 Development near parks, bushland reserves and other public open spaces

Development adjacent to parks, bushland reserves and other public open spaces, including land reserved for public open space, is to complement the landscape character and public use and enjoyment of that land.
In particular:
•  where appropriate, housing is to front public open spaces,
•  public access to public open spaces is to be maximised,
•  buildings are to be located to provide an outlook to public open spaces, without appearing to privatise that space,
•  development is to provide a visual transition between open space and buildings including avoiding abutting public open spaces with back fences,
•  views to and from public open spaces are to be protected, and
•  buffers for bushfire protection are to be provided on private land and not on public land.
If public open space or land reserved for public open space contains bushland, development on that land is not to threaten the protection or preservation of the bushland.
Note—
The protection or preservation of bushland may be threatened by a number of direct and indirect processes, including the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland.

53 Signs

The number, size, shape, extent, placement and content of signs are to be limited to the extent necessary to:
•  allow the reasonable identification of the land use, business, activity or building to which the sign relates, and
•  ensure that the sign is compatible with the design, scale and architectural character of the building or site upon which it is to be placed, and
•  ensure that the sign does not dominate or obscure other signs or result in visual clutter, and
•  ensure that the sign does not endanger the public or diminish the amenity of nearby properties.
In particular:
•  Except where the applicable Locality Statement provides otherwise, the maximum area of signage (including the area of any existing signs) above the top side of an awning fascia or above 4.6m in height above ground level (whichever is the lower) is:
Signs (above awning)
Land use
Maximum area
(1 street frontage) Maximum area
(more than 1 street frontage)
Business uses
1 m² for every 5 m frontage of a building up to a maximum of 4 m²
1 m² for every 8 m frontage of a building up to a maximum of 4 m²
Industrial and warehouse uses
1 m² for every 2 m frontage of a building up to a maximum of 8 m²
1 m² for every 4 m frontage of a building up to a maximum of 8 m²
•  Except where the applicable Locality Statement provides otherwise, the maximum area of signage (including the area of any existing signs) below the top side of an awning fascia return or below 4.6 metres above ground level (whichever is the lower) is:
Signs (below awning)
Land use
Maximum area
(1 street frontage) Maximum area
(more than 1 street frontage)
Housing and home businesses
600cm²
600cm²
Other business uses
1m² for every 2m frontage of a building up to a maximum of 5m²
1m² for every 4m frontage of a building up to a maximum of 5m²
Industrial and warehouse uses
1m² for every 4m frontage of a building up to a maximum of 5m²
1m² for every 8m frontage of a building up to a maximum of 5m²
•  Signs displayed on dwellings are to be attached to the ground floor facade of the dwelling unless the land is located on a main road or the dwelling is not visible from the street, in which case the sign may be attached to a front fence, and
•  No more than one sign is to be located above the awning level for business uses, and
•  Tenancy boards and the like are encouraged to be in the form of consolidated signs, and
•  If pole or pylon signs are appropriate, they are to have a height of no more than 6 metres, and
•  Awning fascia signs are not to exceed the height of the awning return, and
•  Signs are not to emit excessive glare or cause excessive reflection, and
•  Signs are not to obscure views of vehicles, pedestrians or potentially hazardous road features, and
•  Signs are not to be capable of being confused with, or to reduce the effectiveness of, traffic control devices.
Note—
Certain types of signs do not require development consent. Refer to Schedule 1 (Exempt development). Certain types of signs are prohibited. Refer to Schedule 4 (Prohibited signs).

Division 4 Site planning and building design

54 Provision and location of utility services

If proposed development will involve a need for them, utility services must be provided to the site of the development, including provision for the supply of water, gas, telecommunications and electricity and the satisfactory management of sewage and drainage.
Utility services including service structures, plant and equipment are to be located below ground or be designed to be an integral part of the development and suitably screened from public places or streets. Where possible, underground utility services are to be provided in a common trench.
Habitable buildings must be connected to Sydney Water Corporation’s sewerage system if within a locality where the density is one dwelling per 1,050m² or greater. On other land, the consent authority may consider on-site disposal of effluent where the sewerage systems or works are able to operate over the long term without causing unreasonable adverse effects.

55 Site consolidation in “medium density areas”

Apartment development in the “medium density areas” as shown on the map and localities E4, E7, E10, E13, E14, E16, E19 and E20 shall not result in adjacent allotment(s) that have areas or dimensions, or are constrained in other ways, that would render such allotment(s) incapable of compliance with the relevant Locality Statement and general principles of development control.
Standards for side boundary envelopes and side setbacks for built form may be contravened where they would otherwise apply to basement carparking structures and private open space, in the case of existing narrow width allotments that make compliance with these standards unreasonable and that are surrounded by medium density development or apartment style housing. These built form controls may be contravened only where the proposed development is consistent with the desired future character of the locality and complies with the following additional side boundary envelope and side setback built form standards:
• basement carparking structures may be positioned up to a minimum of 2 metres from the side boundary but shall be not more than 1 metre above natural ground level, and
• private open space may extend to a minimum of 3.5 metres from a side boundary.

56 Retaining distinctive environmental features on sites

Development is to be designed to retain and complement any distinctive environmental features of its site and on adjoining and nearby land.
In particular, development is to be designed to incorporate or be sympathetic to environmental features such as rock outcrops, remnant bushland and watercourses.
cl 56: Am 2005 (561), Sch 1 [11].

57 Development on sloping land

On sloping land, the height and bulk of development, particularly on the downhill side, is to be minimised and the need for cut and fill reduced by designs which minimise the building footprint and allow the building mass to step down the slope.
In particular:
•  the amount of fill is not to exceed more than 1 metre in depth, and
•  fill is not to spread beyond the footprint of the building, and
•  excavation of the landform is to be minimised.
The geotechnical stability of sloping land to support development is to be demonstrated.
Consent must not be granted for development involving the erection of a structure, including additions to an existing structure, on land identified as being potentially subject to landslip on the Landslip Hazard Map unless the consent authority has considered a report from a suitably qualified engineer as to the geotechnical stability of the land to support such development and an assessment of stormwater prepared by a suitably qualified hydraulic engineer.
cl 57: Am 3.8.2001; 2005 (561), Sch 1 [12].

58 Protection of existing flora

Development is to be sited and designed to minimise the impact on remnant indigenous flora, including canopy trees and understorey vegetation, and on remnant native ground cover species.

59 Koala habitat protection

This clause applies to parcels of land, being all adjacent or adjoining land held in the same ownership, that are:
• greater than 1 hectare in area, and
• potential koala habitat.
Before granting consent to development on land to which this clause applies, the consent authority, on information obtained from a person with appropriate qualifications and experience in biological science and fauna survey and management, must be satisfied as to whether or not the land is core koala habitat.
Development within land that is core koala habitat must be consistent with a plan of management for that habitat prepared in accordance with Schedule 11 (Koala feed tree species and plans of management).
For the purposes of this clause:
core koala habitat consists of an area of land with a resident population of koalas, evidence of which includes breeding females (that is, females with young) and recent sightings of and historical records of a population.
potential koala habitat consists of areas of native vegetation where the trees of the types listed in Schedule 11 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component.

60 Watercourses and aquatic habitat

Development is to be sited and designed to maintain and enhance natural watercourses and aquatic habitat.
Note—
Development within 40 metres of a watercourse requires a permit pursuant to the Rivers and Foreshores Improvement Act 1948, from the Department of Land and Water Conservation.

61 Views

Development is to allow for the reasonable sharing of views.

62 Access to sunlight

Development is not to unreasonably reduce sunlight to surrounding properties.
In the case of housing:
• sunlight, to at least 50% of the principal private open spaces, is not to be reduced to less than 2 hours between 9 am and 3 pm on June 21, and
• where overshadowing by existing structures and fences is greater than this, sunlight is not to be further reduced by development by more than 20%.

63 Landscaped open space

Landscaped open space is to be of such dimensions and slope and of such characteristics that it will:
•  enable the establishment of appropriate plantings to maintain and enhance the streetscape and the desired future character of the locality, and
•  enable the establishment of appropriate plantings that are of a scale and density commensurate with the building height, bulk and scale, and
•  enhance privacy between dwellings, and
•  accommodate appropriate outdoor recreational needs and suit the anticipated requirements of dwelling occupants, and
•  provide space for service functions, including clothes drying, and
•  facilitate water management including on-site detention and the infiltration of stormwater, and
•  incorporate the establishment of any plant species nominated in the relevant Locality Statement, and
•  enable the establishment of indigenous vegetation and habitat for native fauna, and
•  conserve significant features of the site.
cl 63: Am 2005 (561), Sch 1 [13].

63A Rear building setback

In localities where a rear building setback applies, the objectives of the rear building setback controls are:
•  to create a sense of openness in rear yards, and
•  to preserve the amenity of adjacent land, and
•  to maintain the visual continuity and pattern of buildings, rear gardens and landscape elements, and
•  to provide opportunities to maintain privacy between dwellings, and
•  in medium density areas, to minimise the visual effect of podiums and to control the density of development, and
•  to provide opportunities for the planting of substantial native trees.
cl 63A: Ins 2005 (561), Sch 1 [14].

64 Private open space

Private open space is to be:
•  provided for all housing, and
•  clearly set apart for private use, and
•  directly accessible from a living area of the dwelling and capable of serving as an extension of the dwelling for relaxation, dining, entertainment, recreation and children’s play, and
•  capable of receiving not less than 2 hours of sunlight between 9 am and 3 pm on June 21 over at least 50% of the area of the private open space (in the case of ground level private open space and other than for apartment style housing).
In particular:
•  The minimum area and dimensions of private open space required for different types of housing are as follows:
Table
Housing type
Area and minimum dimensions
Dwellings (other than apartment style housing) located at ground level with 1 or 2 bedrooms
a total of 35m² with minimum dimensions of 3 metres
Dwellings (other than apartment style housing) located at ground level with 3 or more bedrooms
a total of 60m² with minimum dimensions of 5 metres
Apartment style housing (excluding town houses and villa homes)
10m² with minimum dimensions of 2.5 metres
For the purposes of reading this table, apartment style housing means housing in “medium density areas” shown on the map or in Localities E4–E14 and E16–E19 or shop top housing.
For the purpose of calculating the number of bedrooms, studies or other such rooms capable of being used as a bedroom will also be counted as a bedroom.
Private open space is not to be located in the street setback area unless the site is a corner allotment or the applicable Locality Statement provides otherwise.
cl 64: Am 2005 (561), Sch 1 [15]–[17].

65 Privacy

Development is not to cause unreasonable direct overlooking of habitable rooms and principal private open spaces of other dwellings.
In particular:
• the windows of one dwelling are to be located so they do not provide direct and close views (ie from less than 9 metres away) into the windows of other dwellings, and
• planter boxes, louvre screens, pergolas, balcony design and the like are to be used to screen a minimum of 50% of the principal private open space of a lower apartment from overlooking from an upper apartment.
Note—
The effective location of windows and balconies to avoid overlooking is preferred to the use of screening devices, high sills or obscured glass. Where these are used, they should be integrated with the building design and have minimal negative effect on the amenity of residents and neighbours.

66 Building bulk

Buildings are to have a visual bulk and an architectural scale consistent with structures on adjoining or nearby land and are not to visually dominate the street or surrounding spaces, unless the applicable Locality Statement provides otherwise.
In particular:
•  side and rear setbacks are to be progressively increased as wall height increases,
•  large areas of continuous wall planes are to be avoided by varying building setbacks and using appropriate techniques to provide visual relief, and
•  appropriate landscape plantings are to be provided to reduce the visual bulk of new buildings and works.

67 Roofs

Roofs are to complement the local skyline. Lift overruns and other mechanical equipment is not to detract from the appearance of roofs.

68 Conservation of energy and water

Development is to make the most efficient use of energy and water.
In particular:
•  the orientation, layout and landscaping of buildings and works and their sites are to make the best use of natural ventilation, daylight and solar energy,
•  site layout and structures are to allow reasonable solar access for the purposes of water heating and electricity generation and maintain reasonable solar access to adjoining properties,
•  buildings are to minimise winter heat loss and summer heat gain,
•  landscape design is to assist in the conservation of energy and water,
•  reuse of stormwater for on-site irrigation and domestic use is to be encouraged, subject to consideration of public health risks,
•  subdivision of land must be generally in accordance with the guidelines set out in the document published by the former Sustainable Energy Development Authority under the title Solar Access for Lots: Guidelines for Residential Subdivision, copies of which are available at the offices of the Council.
cl 68: Am 5.10.2001; 2005 (561), Sch 1 [18]; 2005 (876), Sch 1 [1].

69 Accessibility—premises available to the public

The siting, design and construction of premises available to the public are to ensure an accessible continuous path of travel, so that all people can enter and use the premises. Such access is to comply with the requirements of the Disability Discrimination Act 1992 of the Commonwealth and with Australian Standard AS 1428.2—1992, Design for access and mobility—Enhanced and additional requirements—Buildings and facilities.
cl 69: Subst 2005 (561), Sch 1 [19].

70 Site facilities

Site facilities including garbage and recycling bin enclosures, mailboxes and clothes drying facilities are to be adequate and convenient for the needs of users and are to have minimal visual impact from public places.
In particular:
•  waste and recycling bin enclosures are to be adequate in size, durable, integrated with the building design and site landscaping, suitably screened from public places or streets and located for convenient access for collection, and
•  housing which is required to have landscaped open space is to be provided with adequate open air clothes drying facilities which are suitably screened from public places or streets, and
•  individual dwellings are to be provided with an area for general storage.

Division 5 Traffic, access and carparking

71 Parking facilities (visual impact)

Parking facilities (including garages) are to be sited and designed so as not to dominate the street frontage or other public spaces.
In particular:
•  garage doors and carports are to be integrated into the house design where topography and other constraints of the site allow, and
•  laneways are to be used to provide rear access to carparking areas where possible, and
•  car parking is to be provided underground or in semi basements for apartment buildings and other large developments, and
•  parking is to be located so that views of the street from front windows are not obscured.
Note—
Individual Locality Statements may provide more detailed guidance regarding the location and design of carparking facilities.
cl 71: Am 2005 (561), Sch 1 [20]–[22].

72 Traffic access and safety

Vehicle access points for parking, servicing or deliveries, and pedestrian access, are to be located in such a way as to minimise:
•  traffic hazards, and
•  vehicles queuing on public roads, and
•  the number of crossing places to a street, and
•  traffic and pedestrian conflict, and
•  interference with public transport facilities.
Where practical, vehicle access is to be obtained from minor streets and lanes.

73 On-site loading and unloading

Facilities for the loading and unloading of service, delivery and emergency vehicles are to be appropriate to the size and nature of the development. On-site facilities are to be screened from public view and designed so that vehicles may enter and leave in a forward direction.

74 Provision of carparking

Adequate off-street carparking is to be provided within the subject property boundaries having regard to:
•  the land use, and
•  the hours of operation, and
•  the availability of public transport, and
•  the availability of alternative carparking, and
•  the need for parking facilities for courier vehicles, delivery/service vehicles and bicycles.
Unless the applicable Locality Statement provides otherwise:
(a)  if Schedule 17 (Carparking provision) specifies the minimum number of on-site parking spaces required in relation to a particular land use, or sets out a means of calculating that minimum number of spaces—at least that minimum number of spaces must be provided, or
(b)  if Schedule 17 provides for comparisons to be drawn with developments for a similar purpose or for surveys to be taken—comparisons must be drawn or surveys taken and no less than the appropriate number of spaces must be provided, or
(c)  if Schedule 17 requires reference to be made to specified design principles—reference must be made to those design principles.
If Schedule 17 requires for adequate provision of other facilities, those facilities must be provided.
In Schedule 17:
GFA means gross floor area which is the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1400 millimetres above each floor level excluding:
(a)  columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and
(b)  lift towers, cooling towers, machinery and plant rooms, and ancillary storage space and vertical air-conditioning ducts, and
(c)  carparking specifications which meet requirements of Council and internal access thereto, and
(d)  space for the loading and unloading of goods.
GLFA means gross leasable floor area which is the sum of the area of each floor of a building where the area of each floor is taken to be the area within the internal faces of the walls, excluding stairs, amenities, lifts, corridors and other public areas but including stock storage area.
Carparking for land uses not identified in Schedule 17 must be adequate to serve the development having regard to the points set out above.
Despite Schedule 17, community title subdivisions are to include provision for one visitor parking space per five dwellings or part thereof. These spaces are to be located within the neighbourhood property lot.
For the purposes of calculating the number of bedrooms in a unit so as to calculate minimum parking requirements under Schedule 17, studies, lofts or other such rooms capable of being used as bedrooms will also be calculated as a bedroom.
cl 74: Am 24.10.2003; 2005 (561), Sch 1 [23] [24].

75 Design of carparking areas

Carparking, other than for individual dwellings, is to:
•  avoid the use of mechanical car stacking devices, and
•  not be readily apparent from public spaces, and
•  provide safe and convenient pedestrian and traffic movement, and
•  include adequate provision for manoeuvring and convenient access to individual spaces, and
•  where possible, enable vehicles to enter and leave the site in a forward direction, and
•  incorporate unobstructed access to visitor parking spaces, and
•  be landscaped to shade parked vehicles, screen them from public view, assist in micro-climate management and create attractive and pleasant spaces, and
•  provide on-site detention of stormwater, where appropriate, and
•  make reasonable provision for the carparking needs of people with physical disabilities.
Unless the applicable Locality Statement provides otherwise, design of carparking areas is to be provided in accordance with the most recent “Guide to Traffic Generating Developments” (NSW Roads and Traffic Authority) with the exception that individual dwellings are to have carparking spaces of not less than the following dimensions:
Minimum carparking dimensions (individual dwellings)
Type of carparking space
Width and length
Single Open
2.7m × 5.4m
Double Open
5.4m × 5.4m
Single Enclosed
3.0m × 5.4m
Double Enclosed
5.6m × 5.4m
cl 75: Am 2005 (561), Sch 1 [25]–[27].

Division 6 Soil and water management

76 Management of stormwater

Stormwater runoff from development is to discharge to a Council drainage system approved by the Council for the purpose and is to have minimal impact on any receiving stormwater infrastructure, watercourse, stream, lagoon, lake, waterway or the like. Water quality control measures are to be provided in accordance with the Northern Beaches Stormwater Management Plan.
In particular, stormwater runoff is to be controlled using on-site stormwater detention in accordance with the Council’s “On-site Stormwater Detention Technical Specification”, except where it is demonstrated that:
•  the discharge from the development will not pass through a drainage control structure such as a pipe, culvert, bridge, kerb and gutter or natural drainage system before reaching receiving waters such as the ocean, or
•  the design of the stormwater drainage system is in accordance with the Council’s standard specification for engineering works (AUSPEC 1), or
•  the additional runoff created by the development will not adversely affect any natural or constructed drainage system either downstream or upstream of the development site, or
•  the total post-development impervious area (roof, driveway, paving etc) will be less than 35% of the total site area, or
•  the additional impervious surface resulting from the development will not exceed 50m² in area, or
•  the soil conditions are such that stormwater can be retained and disposed of on-site, but only if the case is established by a geotechnical report, or
•  the site is within an established 100-year flood plain and the local drainage system is not adversely affected by lesser storm events.
Stormwater detention systems are to be visually unobtrusive and integrated with site landscaping.
Development must drain via gravity to a Council constructed or natural drainage system, unless drainage to such a system is not possible, in which case stormwater may be retained and disposed of on-site, where it can be demonstrated soil conditions so allow.
Development is to have regard to the Council’s natural drainage systems, drainage easements and public drainage systems and be in accordance with the Council’s draft policy “Drainage Easements and Building over Constructed Public Drainage Systems”.
Note—
Copies of the “On-site Stormwater Detention Technical Specification” and “Drainage Easements and Building over Constructed Public Drainage Systems” can be obtained from the Council.
cl 76: Am 2005 (561), Sch 1 [28]–[30].

77 Landfill

Landfill is to have no adverse impact upon the visual and natural environment or adjoining and surrounding properties.
In particular:
•  only uncontaminated fill is to be used, and
•  the form, bulk, scale, and location of landfill are to be controlled to ensure there will be no adverse impacts on adjoining or surrounding properties, and
•  the integrity of the physical environment is to be preserved by ensuring the geotechnical stability of the work, and
•  the landfill is not to create siltation or pollution of waterways and drainage lines, or degrade or destroy the landscape, landforms or bushlands, and
•  where filling to create a building platform is proposed, all fill is to be contained within the footprint of the building, and
•  rehabilitation and revegetation techniques are to be applied to the fill to maintain and enhance visual and scenic quality, and
•  landfill is not to create airborne pollution.
cl 77: Am 2005 (561), Sch 1 [31].

78 Erosion and sedimentation

Development is to be sited and designed, and related construction work carried out, so as to minimise the potential for soil erosion.
Where some degree of soil erosion and sedimentation is likely to occur, it is to be managed at the source to prevent any reduction in water quality downstream of the development site.
In this case, a soil and water management plan which ensures minimum soil erosion and maintenance of downstream water quality that has been prepared in accordance with the Council’s “Specification for Erosion and Sediment Control” and “Design and Specification Manuals for Engineering Works” is to be considered by the Council before consent for the relevant development is granted. The plan is to outline practices proposed to control runoff, mitigate soil erosion and trap pollutants before these can reach downslope lands and receiving waters.

Division 7 Heritage

79 Heritage control

In relation to heritage, development is to:
•  conserve the environmental heritage and cultural significance of Warringah, and
•  conserve existing significant fabric, settings, relics and views associated with the heritage significance of heritage items and heritage conservation areas, and
•  not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings, and
•  ensure that archaeological sites and places of Aboriginal significance are conserved, and
•  ensure that the heritage conservation areas throughout Warringah retain their heritage significance.
In particular, before consent is granted for development that affects a heritage item or will be carried out within a heritage conservation area, the extent to which development would affect the heritage significance of the heritage item or heritage conservation area, including its setting, is to be assessed, including:
•  its significance in Warringah, and
•  the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and
•  the measures proposed to conserve the heritage significance of the heritage item or heritage conservation area, and
•  whether any archaeological site or potential archaeological site would be adversely affected, and
•  whether any landscape or horticultural features of heritage significance would be affected.
Applications for consent to development relating to heritage items classified by this plan as being of State or regional significance must not be granted unless the consent authority has considered a conservation management plan prepared by an appropriately qualified person.
Applications for consent to development relating to heritage items classified by this plan as being of local significance must not be granted unless the consent authority has considered a statement of heritage impact prepared by an appropriately qualified person, except where the consent authority is of the opinion that the proposed development constitutes extensive alterations or additions to the heritage item, in which case consent must not be granted unless the consent authority has considered a conservation plan.
In this clause, a reference to an appropriately qualified person is to a person considered by the Council to be appropriately qualified.
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
cl 79: Am 2006 (70), Sch 1 [1]; 2008 (571), Sch 3.183 [4] [5].

80 Notice to Metropolitan Aboriginal Land Council

On receipt of an application for consent to development that is likely to have an impact on an Aboriginal site, Aboriginal place or place of Aboriginal cultural significance, the consent authority must notify the Metropolitan Aboriginal Land Council and take into consideration any comments received in response within 21 days after the notice is sent.
cl 80: Am 2006 (70), Sch 1 [2] [3]; 2008 (571), Sch 3.183 [6] [7].

81 (Repealed)

cl 81: Am 17.12.2004. Rep 2008 (571), Sch 3.183 [8].

82 Development in the vicinity of heritage items

Development in the vicinity of heritage items or heritage conservation areas is to complement the character of the heritage item or buildings of heritage significance within that area in terms of its architectural style, scale, setback, siting, external materials, finishes, colours and setting. Significant views to and from heritage items or heritage conservation areas, are not to be adversely affected.

83 Development of known or potential archaeological sites

Before granting an application for consent to development on an archaeological site or a potential archaeological site (except if such development does not disturb below-ground relics and any above-ground relics would not be adversely affected), the consent authority must consider a heritage impact statement explaining how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site.
cl 83: Subst 2008 (571), Sch 3.183 [9].

Schedule 1 Exempt development

(Clause 7 (a))

1 What development is exempt development?

Development of the types listed in the table below and complying with any associated conditions in that table is exempt development, unless the proposed development:
(a)  is in an area identified within a Locality Statement as an area where development of that type is designated development, or
(b)  would be carried out on the site of a heritage item or within a heritage conservation area (except where the development is maintenance work or the consent authority advises in writing that it is satisfied that development consent is not required because the development proposed is of such a minor nature), or
(c)  is on land that is bushfire, slip or flood prone as shown on a map deposited in the office of the Council, or
(d)  is on land reserved for a public purpose or being acquired or required to be acquired by a public authority for a public purpose, or
(e)  would be contrary to a condition of an existing development consent, or
(f)  is to be carried out over an easement for sewer, drainage, water, or the like, or in contravention of any requirements made by Sydney Water Corporation or any other public authority for building over sewers or drains, or
(g)  is within a cross-hatched area shown on the map, or
(h)  is on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map, where the development involves works specified for that land in clause 49A.

2 Conditions

All development of the types listed in the table below is to comply with:
(a)  any relevant deemed-to-satisfy requirements of the Building Code of Australia, and
(b)  landscaped open space and private open space requirements outlined in the relevant Locality Statement.
Table
DEVELOPMENT TYPE
The erection, installation or carrying out of any of the following and their subsequent use:
CONDITIONS
ERECTION OF A BUILDING OR STRUCTURE
ACCESS RAMPS (not over public land)
Height of less than 1m (above ground level).
To comply with the minimum front setback and be a minimum of 900mm from the side boundary.
Grade to be a maximum of 1:14 and otherwise in accordance with AS 1428.1–1998.
AIR CONDITIONING UNITS FOR DWELLING
Either attached to an external wall or mounted on the ground.
Located a minimum of 3m off any property boundary and located behind required street setback to any street frontage.
The building work must not reduce the structural integrity of the section of the building affected by the installation of the unit.
Any opening created by the installation is to be adequately weatherproofed and the required fire rating is not reduced.
The noise level of any air conditioning unit does not exceed 5dB (A) above the ambient background level measured at the nearest property boundary.
BARBECUE
Located at least 900mm from any property boundary.
Located behind front building setback area.
Maximum height 2.1m above natural ground level.
Maximum area of base 4m².
BROADBAND AERIAL CABLING
Carried out by a holder of a carrier licence issued under the Telecommunications Act 1997 of the Commonwealth and in accordance with the Telecommunications Code of Practice 1997 of the Commonwealth.
CANOPIES, AWNINGS AND STORM BLINDS
Attached to a dwelling.
Maximum area 10m².
Located behind front building setback area.
Located at least 900mm from any property boundary.
Installed to manufacturer’s specifications.
CHILDREN’S PLAY EQUIPMENT
Maximum height 2.4m.
Maximum area occupied 20m².
Located behind front building setback to any street frontage.
Located at least 900mm from any property boundary.
CLOTHES LINE
Located behind front building setback to any street frontage.
Installed to manufacturer’s specifications.
DECK
Maximum area of deck 20m².
Located behind front building setback to any street frontage.
Located at least 3m from property boundary.
Deck is not roofed.
Maximum height 600mm above ground level to top of deck with balustrade height not exceeding 1.2m above top of deck.
Compliance with the Council’s On Site Stormwater Policy.
DRIVEWAYS AND PATHWAYS
Not over public land.
To be structurally sound and of stable construction with adequate reinforcement.
May not be elevated or suspended above natural ground level.
Stormwater not to be redirected onto adjoining property.
An appropriate fall and grated drain is to be provided to prevent the entry of stormwater onto the footpath, and to any dwelling or garage.
Providers of any utility services to be affected must have been given opportunity to comment regarding underground infrastructure and easements.
Road opening permit required for any connection of stormwater, gas or other utilities to the Council’s system.
Compliance with the Council’s On Site Stormwater Policy.
EARTHWORKS/LANDFILL
Maximum depth of 200mm of clean fill from natural ground level and maximum 200 metres square area.
Stormwater not to be directed into adjoining property.
FENCE
Maximum height 1.2m above natural ground level, if it is located within the street setback area.
Masonry fences are to be structurally adequate for the intended purpose and to comply with AS 3700–1998 and AS 1170.1–1989, AS 1170.2–1989 and AS 1170.4–1993.
Maximum height 1.8m above natural ground level, if it is located behind the street setback area and is of timber construction.
Not to contain barbed wire or broken glass.
FLAG POLE
Maximum height 6m above existing ground level and located at least 7m from any boundaries.
One only for each allotment
To be structurally adequate.
GARBAGE ENCLOSURES
Maximum height 1.4m above natural ground level.
HEATING APPLIANCES
Must comply with relevant sections of the Building Code of Australia and relevant Australian Standards.
HOARDINGS
Any hoarding erected must meet with WorkCover Authority requirements.
All care must be taken to safeguard the general public.
The least horizontal distance between the common boundary of the site and a footpath or public thoroughfare and the nearest parts of the structure is to be greater than twice the height of any structure within the hoarding being erected or demolished.
The vertical height above footpath level of any structure within the hoarding being demolished or erected must be less than 4m.
A hoarding is to be constructed of solid materials to a height not less than 2.4m above the level of the footpath or thoroughfare.
Not to encroach onto public footway or thoroughfare.
Appropriate signage is to be provided in accordance with AS 1319–1994.
The hoarding is to be structurally adequate. In instances where any building within the hoarding is situated away from the boundary by twice the measurement of the height of the building, other non-solid hoardings may be provided subject to appropriate signage being provided.
These structures must be of a temporary nature and their use is exempt development for a maximum of 12 months after installation.
For hoardings that would encroach onto a public footway or thoroughfare, an approval must be obtained beforehand in accordance with section 126 (1) of the Roads Act 1993.
LETTER BOX
Maximum height of 1.2m above ground level.
Structurally stable with adequate footings.
MINOR INTERNAL ALTERATIONS TO BUILDINGS
Work to comply with the Building Code of Australia.
Work not to affect the structural integrity of the building.
Must be non-structural work such as replacement of doors, wall/ceiling or floor linings or deteriorated frame members, and renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes.
Applies only to renovations or alterations of previously completed buildings.
Works must not change room configurations, reduce window arrangements for light/ventilation needs, reduce doorways for egress or enclose open areas.
OUTBUILDINGS USED EXCLUSIVELY FOR THE FOLLOWING:
•  GARDEN SHED
•  CUBBYHOUSE
•  GREENHOUSE
•  BIRD AVIARY
•  GAZEBO
•  CABANA
Other than of masonry construction.
Detached from main dwelling.
Maximum gross floor area 12m².
Located behind front building setback to any street frontage.
Maximum height 2.1m.
Located at least 900mm from any property boundary.
One only for each dwelling.
Use of coated materials to reduce glare.
Safety glazing to any glass doors conforming to AS/NZS 2208:1996.
PATIO
At existing ground level.
Not to exceed an area of 20m² per allotment.
Located at least 3m from the rear boundary and 900mm from side boundary.
Stormwater not to be redirected onto adjoining property.
Sufficient step down is to be provided to prevent the entry of water into the dwelling.
Compliance with the Council’s On Site Stormwater Policy.
PERGOLA
Not enclosed.
Maximum area 20m² per allotment.
Maximum height 2.4m above natural ground level.
Attached to a dwelling or free standing.
Located behind the front setback line to any street frontage.
Located at least 900mm from any property boundary.
Compliance with the Council’s On Site Stormwater Policy.
PORTABLE CLASSROOMS AND PORTABLE SCHOOL BUILDINGS
Must be structurally adequate.
Minimum front setback of 20m to any street.
Location must only be in school grounds and not contravene any condition of a consent.
Stormwater to be connected to an adequate stormwater system.
Must not exceed 1 storey in height.
These buildings must be of a temporary nature and their use is exempt development for a maximum of 5 years after installation.
A section 73 compliance certificate must have been obtained from Sydney Water Corporation.
PORTABLE SPA POOL
Located at least 900mm from side boundaries.
Cover is provided in accordance with the requirements of the Swimming Pools Act 1992 and Swimming Pools Regulation 1998.
PRIVATE ELECTRICITY SERVICE POLE/POST
Not to exceed specifications of electricity distributor (Electricity Association of NSW’s Code of Practice—NSW Service and Installation Rules, published 4 December 1997).
REPLACEMENT OR REPAIR OF EXISTING ROOF AND WALLS TO DWELLING/ CARPORT/GARAGE
No alteration to existing window or door openings or their location and size.
Materials other than masonry with a low reflectivity index. No structural alterations involved.
No change to the roof height, pitch or profile.
All stormwater is to be directed to a suitable system.
All work involving asbestos cement must comply with the WorkCover Authority’s “Short Guide to Working with Asbestos”.
RETAINING WALL
Maximum height 900mm above, or below, ground level and located at least 900mm off any property boundary.
Retaining walls are to be structurally adequate for the intended purpose and to comply with AS 3700–1998, AS 3600–1994, AS 1170.1–1989, AS 1170.2–1989 and AS 1170.4–1993 and timber walls must comply with AS 1720.1–1997, AS 1720.2–1990, AS 1720.4–1990, AS 1170.1–1989, AS 1170.2–1989 and AS 1170.4–1993.
ROOF VENTILATORS AND SKYLIGHT ROOF VENTILATORS
Maximum area of installation not to exceed 3m².
The building work must neither reduce the structural integrity of the building nor involve structural alterations and must be structurally adequate.
Located a minimum of 900mm from property boundary or 900mm from a separating wall between two dwellings.
Must comply with the Building Code of Australia. Installed to manufacturer’s specifications.
Must not reduce weatherproofing of roof or wall in which it is located or fire resistance.
SATELLITE DISH
Roof or rear yard mounted.
Maximum diameter 1.5m.
The building work must neither reduce the structural integrity of the building nor involve structural alterations and must be structurally adequate.
One only for each lot.
Maximum height 1.8m as measured from the roof level on which it is mounted.
The dish must not interfere with the views from surrounding properties.
Installed to manufacturer’s specifications.
SCAFFOLDING
To meet with all of the WorkCover Authority’s requirements.
Not to encroach onto footpath or public thoroughfare.
To have sufficient structural strength to withstand and be impenetrable to the impact of falling rubble.
Must enclose the work area.
Must comply with AS/NZS 1576.1:1995, AS 1576.2–1991, AS/NZS 1576.3:1995, AS 1576.4–1991, AS/NZS 1576.5:1995 and AS/NZS 1576.6:2000.
Use is exempt development only until the purpose for which it was initially provided has concluded.
For scaffolding that would encroach onto a public footway or thoroughfare, an approval must be obtained beforehand in accordance with section 126 (1) of the Roads Act 1993.
TELEVISION AERIAL
Maximum height 6m above roof.
Must be structurally adequate.
TEMPORARY STRUCTURES AND TEMPORARY BUILDINGS:
•  BUILDERS’ SHEDS
•  PORTALOOS
•  MARQUEES
•  MINI STAGES
Use is exempt development only until construction of associated building or work or 5 months expires after its erection, whichever occurs first.
Maximum height of one storey.
Located within property boundaries and not over public land unless in accordance with terms and conditions of a lease or licence obtained from the Council.
Use of marquees/mini stages is exempt development only for a maximum of 1 week after installation.
Maximum gross floor area of 30m² for marquees/mini stages.
WATER HEATERS, INCLUDING SOLAR WATER HEATERS
Installation must neither reduce the structural integrity of the building nor involve structural alterations.
The structure must not interfere with views from surrounding properties.
Installed to manufacturer’s specifications and by a licensed electrician.
WATER TANKS
The capacity of the tank to be installed (or the total capacity of tanks to be installed) does not exceed the maximum capacity and each tank:
•  is designed to collect roof water only, but can be topped up from a water supply service pipe, and
•  is fitted with a first-flush device, and
•  is prefabricated, is enclosed and has any inlet screened, is structurally sound and is installed in accordance with its manufacturer’s instructions, and
•  complies with any requirements of the local water supply authority (as does any stand for the tank), and
•  does not require excavation or filling of more than 1m from natural ground level in order for it to be installed, and
•  does not exceed a height of 2.4m from ground level (including any stand for the tank), and
•  is located behind the front building alignment (and also the side alignment for corner blocks), and
•  is located at least 450mm from any property boundary, and
•  does not rest (in full or in part) on the footing of any building or structure or on a retaining wall, and
•  has a sign affixed stating ‘rainwater’, and
•  has overflow directed into an existing stormwater system, and
•  is maintained to prevent mosquito breeding and overflow, and
•  has had any plumbing work required to connect the tank to a water supply service pipe or water main done by a licensed plumber, in accordance with the New South Wales Code of Practice—Plumbing and Drainage, where that plumbing work has the consent of the public authority responsible for the water supply service pipe or water main and meet any requirements of that authority, and
•  has had any motorised or electric pumps installed by a licensed electrician, and
•  does not have motorised or electric pumps that create an offensive noise.
In this item:
maximum capacity means:
(a)  for a tank installed on a lot used for a child care centre, a primary school or further education—25,000 litres, or
(b)  in any other case—10,000 litres.
WINDOWS, GLAZED AREAS AND EXTERNAL DOORS
Replacement in residential premises with materials that comply with:
(a)  AS 1288–1994—Glass in buildings—Selection and installation, and
(b)  AS/NZS 2208:1996—Safety glazing materials in buildings,
and to be of the same size and in the same location as that replaced.
No reduction in the area provided for light and ventilation and structural support members must not be removed.
DEMOLITION OF A BUILDING
DEMOLITION OF A BUILDING THAT WOULD NOT REQUIRE CONSENT IF IT WERE TO BE ERECTED
Demolition to be carried out in accordance with AS 2601–1991–The demolition of structures.
All works involving asbestos cement must comply with the WorkCover Authority’s Short Guide to Working With Asbestos.
All work involving lead paint removal must not cause lead contamination of air or ground.
SIGNS
(Note—
Certain signs are prohibited—refer to Schedule 4 (Prohibited signs))
IDENTIFICATION, INTERPRETIVE, DIRECTIONAL AND ADVANCE WARNING SIGNS
Constructed and installed by or on behalf of the Council, the Roads and Traffic Authority or any other government department or public authority.
SIGNS ON MOTOR VEHICLES
Vehicle is able to be driven with the sign displayed and the vehicle is used principally for the conveyance of passengers or goods (or both).
SIGNS NOT VISIBLE FROM A PUBLIC PLACE
Note—
The structure associated with a sign may require consent.
SIGNS LESS THAN 1.5m² ASSOCIATED WITH BUSINESS AND INDUSTRIAL USES
The total area of signage on the site does not exceed the maximum area shown in the relevant Table in clause 53.
TEMPORARY SIGNS
Note—
Refer to definition of temporary sign in the Dictionary.
HOME BUSINESS SIGNS
No more than 1 sign with a maximum area of 600cm² (ie approximately the area of an A4 piece of paper).
Attached to the ground floor facade of a dwelling.
If the land is located on a main road, the sign may be attached to a front fence instead.
REAL ESTATE SIGNS
No more than 1 sign per site.
Maximum area of 1.1m².
UNDER AWNING SIGN
Associated with a business or industrial use.
No more than 1 sign per site which is a minimum of 2.7m above ground level and does not extend beyond the width of the awning.
WINDOW SIGNS
Occupy less than 50% of the window area and located below the awning level.
SUBDIVISION
SUBDIVISION
Only if to:
•  widen a public road
•  create a public reserve
•  consolidate allotments
•  excise land which is or is intended to be used for public purposes or public convenience.
•  Make an adjustment to a boundary between allotments, being an adjustment that does not create another allotment and where each allotment may be developed consistent with this plan.
Must obtain a section 73 compliance certificate from Sydney Water Corporation.
STRATA SUBDIVISION
In accordance with any previous consent with regard to allocation of carparking, open space, access, storage, services and any other allocation that may be relevant and described in that consent.
In accordance with the relevant provisions of the Building Code of Australia.
Except where State Environmental Planning Policy No 10—Retention of Low-Cost Rental Accommodation requires the lodgment of a development application.
USE OF LAND
DIFFERENT USE OF A BUILDING RESULTING FROM CHANGE OF USE (Not involving a change of Class of Building as defined in the Building Code of Australia)
•  FROM SHOP TO ANOTHER SHOP
•  FROM OFFICE TO ANOTHER OFFICE
•  FROM SOCIAL OR SPORTING CLUB TO SPORTING OR SOCIAL CLUB
•  FROM COMMUNITY OR CULTURAL CENTRE TO CULTURAL OR COMMUNITY CENTRE
•  FROM INDUSTRY TO ANOTHER INDUSTRY
Use must be an existing legal use.
No extension to hours outside of existing hours of operation.
No display or sale of publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth or display of objects primarily concerned with sexual behaviour.
The curtilage of any shop or office must not be used for storage or display purposes.
Social and sporting clubs do not include clubs registered under the Registered Clubs Act 1976.
Any different use must comply with any current conditions of a development consent relating to the use of the building or land.
The new use must not require additional carparking.
Changes of use from industry to another industry must not involve the use of more than 500m² of gross floor area, must have rear access or off-street loading facilities and will not operate before 6 am or after 6 pm.
Not to reduce travel distances or widths as required in the Building Code of Australia.
COMMERCIAL USE OF FOOTPATH OR ROAD (INCLUDING CLOSED ROAD) FOR THE PURPOSE OF OUTDOOR DINING AND IN ASSOCIATION WITH AN APPROVED RESTAURANT
On Council-owned land and in accordance with terms and conditions of a lease obtained from the Council prior to use.
Provision of additional parking as required by lease or consent.
USE OF PUBLIC OPEN SPACE FOR PARKS, GARDENS OR SPORTSGROUNDS
Is consistent with a plan of management for the land.
USE OF PUBLIC OPEN SPACE FOR COMMUNITY, CULTURAL OR COMMERCIAL PURPOSES
Must be in accordance with a temporary licence or hire agreement issued by the Council.
HOME BUSINESSES
HOME BUSINESS
Note—
Refer to definition of home business in the Dictionary.
BUSHFIRE HAZARD REDUCTION
BUSHFIRE HAZARD REDUCTION
Work to be carried out in accordance with a bush fire management plan under the Rural Fires Act 1997.
PUBLIC WORKS
Note—
A public authority must not disturb bushland on any public open space without first having regard to the State policy in Schedule 5 dealing with bushland in urban areas.
STAIRCASES INSTALLED IN PUBLIC PARKS AND RECREATION SPACES
Construction to be by or for the Council.
Designed, fabricated and installed in accordance with the Building Code of Australia (Section B), AS 4100–1998 (for steel structures), AS 1170.1–1989, AS 1170.2–1989, AS 1170.4–1993 and AS 1720.1–1997 (for timber structures) and AS 3600–1994 (for concrete structures) and AS 2156.1 and AS 2156.2 (for walking tracks).
BUS SHELTERS
Must be suitably designed and constructed by or for the Council.
Must conform to character and not reduce amenity of the area.
Structurally adequate construction.
Not to obstruct the line of sight of vehicular traffic.
A maximum height of 2.7m above the footpath.
Area of less than 10m².
Non-reflective surface finishes.
GOAL POSTS, SIGHT SCREENS AND SIMILAR ANCILLARY SPORTING STRUCTURES (EXCLUDING LIGHTING)
Construction by or for the Council and installed in accordance with relevant Australian Standards or the Building Code of Australia (or both).
Located in public parks or recreation areas.
Not installed in buildings which accommodate people.
PARK AND STREET FURNITURE, SUCH AS:
•  SEATS,
•  BINS,
•  PICNIC TABLES,
•  COMMUNITY NOTICEBOARDS,
•  MINOR SHELTERS
If a bus shelter, must meet conditions for bus shelters.
Construction by or for the Council and designed, fabricated and installed in accordance with relevant Australian Standards or the Building Code of Australia (or both).
Located on land under control of the Council.

sch 1: Am 3.8.2001; 21.12.2001; 2005 (561), Sch 1 [32]–[38]; 2008 (296), Sch 1 [2] [3].

Schedule 2 Other development not requiring consent

(Clause 7 (b))

Public works	Conditions
CLASSIFIED ROADS AND TOLL WORKS	Applies only to classified roads within the meaning of the Roads Act 1993, and applies to work declared to be toll work under the Roads Act 1993.
CATEGORY B REMEDIATION WORK	The carrying out of category B remediation work in accordance with the contaminated land planning guidelines and the guidelines (if any) in force under the Contaminated Land Management Act 1997. Notification procedures to be undertaken in accordance with Schedule 9.
EMERGENCY AND ROUTINE MAINTENANCE WORK BY SYDNEY WATER	Relates only to works as defined under the Sydney Water Act 1994 which are under the ownership or control of Sydney Water Corporation. Repair or replacement of works damaged by natural disaster, accident, an act of vandalism or similar occurrence, including work concerning measures to prevent or limit further damage. Repair or replacement of works that have ceased to function or to function adequately, including reasonable measures to prevent further malfunction. Periodic inspection, cleaning, repair and replacement of works, but not including development that would increase the designed capacity of any part of that work. Ancillary development in connection with the abovementioned emergency or maintenance work.
FLOOD MITIGATION	The carrying out or causing to be carried out by the Council, where engaged in flood mitigation works, or by the Department of Land and Water Conservation, of any work for the purposes of soil conservation, irrigation, afforestation, reforestation, flood mitigation, water conservation or river improvement, except: • the erection of buildings, the installation or erection of plant or other structures and any reconstruction or alteration of buildings that materially affects the design or external appearance of the buildings, or • the formation or alteration of any means of access to a road.
FORESTRY UNDERTAKINGS	The carrying out of any forestry work by the Forestry Commission or a school forest trust empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under any Act or on any Crown land temporarily reserved from sale as a timber reserve.
MAINTENANCE DREDGING	Must be carried out by a public authority after the following bodies are consulted: (a) the Council, and (b) other affected councils, and (c) any of the following bodies that may have an interest in the proposed maintenance dredging: • Department of Land and Water Conservation, • Department of Public Works and Services, • NSW Fisheries, • Department of Mineral Resources, • Maritime Authority of NSW, • Environment Protection Authority, • National Parks and Wildlife Service, • Sydney Water Corporation, • Heritage Council, • Environment Australia. Note— It is strongly recommended that public authorities intending to undertake maintenance dredging do so only after preparing an estuary management plan under the State Government’s Estuary Management Program for coastal lagoons.
PUBLIC UTILITY UNDERTAKINGS, being water, sewerage, drainage or telecommunication services, or electricity or gas undertakings	Development of any description at or below the surface of the ground. The installation of any plant inside an existing building or the installation or erection within the premises of an existing generating station or substation of any plant or other structures or erections required in connection with the station or substation. Additions, extensions or replacement of structures 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 power lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder pillars or transformer housings of stone, concrete or brickworks. Provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, or to provide telecommunication services. Erection of service reservoirs on land acquired for that purpose provided reasonable notice is given to the Council.
ROAD UNDERTAKINGS	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 the road.
WATER TRANSPORT UNDERTAKINGS	The carrying out by persons carrying on a utility undertaking, being a water transport undertaking, 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: • the erection of buildings and any reconstruction or alteration that materially affects the design of the buildings, or • the formation or alteration of any means of access to a road.
WHARF OR RIVER UNDERTAKINGS (except in localities A1–A7)	The carrying out by persons carrying on a utility undertaking, being a wharf or river undertaking, of any development required for the purposes of shipping, or in connection with the embarking, loading, discharging or transporting of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except: • the construction of bridges, the erection of any other buildings and any reconstruction or alteration that materially affects the design or external appearance of the bridges or buildings, or • the formation or alteration of any means of access to a road.
NATIONAL PARKS
DEVELOPMENT AUTHORISED BY OR UNDER THE NATIONAL PARKS AND WILDLIFE ACT 1974	Where the development is likely to impact significantly on the local road system, or otherwise significantly affect other land in the locality, the Director-General of National Parks and Wildlife must notify the Council in writing of its intention to carry out the development. The Council should respond within 30 days of receiving notification and the Director-General must give consideration to any relevant matters requested by the Council.

sch 2: Am 5.10.2001; 2006 No 58, Sch 2.70.

Schedule 3 Conditions of complying development certificates

(Clause 9)

Before you begin work

(1)
Two days before any site works, building or demolition begins, the applicant must:
•  forward a Notice of Commencement of Work and Appointment of Principal Certifying Authority (Form 7 of Schedule 5 to the Environmental Planning and Assessment Regulation 1994) to the Council, and
•  inform the adjoining owners in writing that work will commence.
(2)
Before any site works, building or demolition is started, the applicant or builder must:
•  notify the Council of the name, address, phone number and licence number of the builder
•  erect a sign at the front of the property with the builder’s name, licence number, site address and consent number
•  provide a temporary on-site toilet
•  protect any public place from obstruction or inconvenience due to the carrying out of the proposed development
•  prevent any substance from falling onto a public place
•  follow any other conditions prescribed in the Environmental Planning and Assessment Regulation 1994.

Site management

(3)
In the absence of a soil and water management plan approved by the Council, run-off and erosion controls must be provided to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
•  divert uncontaminated run-off around cleared or disturbed areas
•  erect a silt fence to prevent debris escaping into drainage systems or waterways
•  prevent tracking of sediment by vehicles onto roads
•  stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site.
(4)
Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the approved building area.

Drainage

(5)
The land surrounding any structure must be graded to divert surface water to the street and clear of existing and proposed structures and adjoining premises.
(6)
Where the water falls to the rear of the property, it must be collected and drained via a gravity system to a Council stormwater line or disposed of in a manner consistent with the Council’s Soil and Water Management Policy.

Inspections during construction

(7)
Notify either the Council or an accredited certifier in advance—48 hours in writing or 24 hours by phone, to make the following inspections:
•  preliminary
•  building envelope/floor plan and elevation
•  final

Hours of work

(8)
Where the construction or work interferes with the amenity of the neighbourhood by the emission of noise, chemical or physical pollutants or otherwise, the hours of construction and/or demolition on the site are restricted to Monday to Friday 7am to 5pm, Saturday 7 am to 1 pm, no work on Sunday or public holidays.

Noise

(9)
In respect of noise, the L10 level (average maximum noise levels) measured over a period of 15 minutes when the construction site is in operation must not exceed background noise level by more than 10dB (A).

Building Code of Australia

(10)
All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Site access

(11)
Where kerb and gutter is provided:
•  driveways are to be a minimum of 500mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.
(12)
Where kerb and gutter is not provided:
•  a gravel vehicular entrance incorporating a 375mm diameter stormwater pipe and concrete headwalls or a 6 metre by 6 metre concrete slab dish drain shall be constructed to provide access to the lot.
(13)
Driveways are to be a minimum of 6 metres from a road intersection.
(14)
Driveways are to be constructed in accordance with any relevant requirements of AS 2890.1–1993—Parking facilities—Off-street car parking, with appropriate transition zones.
(15)
Driveway levels are to be obtained from the Council and complied with where access is gained across the Council’s road reserve.

Utilities

(16)
Road opening permit required for connection to a utility or the Council’s stormwater system.

Schedule 4 Prohibited signs

(Clause 10)

The following signs are prohibited by clause 10:

• signs above the awning level of a building which project more than 0.3 metre out from the wall of that building,

• flashing or moving signs on land other than the carriageway of a public road,

• pole or pylon signs, unless there is no building on the site or the building is not visible from the street, other than identification, interpretive, directional and advance warning signs included in Schedule 1 (Exempt development) or a sign erected by the Council for the display of community information,

• signs on or above the roof or parapet of a building,

• signs which do not directly relate to the predominant land use, business or activity carried on, or proposed to be carried on, within the site or building on which the sign is to be placed, except signs on public amenities such as street furniture, bus shelters and the like,

• A-frame and temporary signs located on public land including roads (but not including the carriageway of a public road),

• signs on motor vehicles which are not able to be driven with the sign displayed,

• balloons used for the purpose of advertising which are placed on or above roof level.

Schedule 5 State policies

(Clause 12 (1) (b))

Housing for older people or people with a disability

It is State policy to encourage the provision of housing that will:

(a) increase the supply and diversity of housing that meets the needs of older people or people with a disability, and

(b) make efficient use of existing infrastructure and services, and

(c) be of good design.

Group homes

It is State policy:

(a) to facilitate the establishment of permanent group homes in which disabled persons or socially disadvantaged persons may lead as normal a life as possible by living permanently in an ordinary residential household environment, instead of in an institutional environment, and

(b) to facilitate the establishment of transitional group homes which provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of in an institutional environment for purposes such as alcohol or drug rehabilitation, “half-way” rehabilitation for persons formerly living in institutions and refuges for men, women or young people, and

(c) to ensure that applications for group homes are not refused by councils unless there has been an assessment made of the community need for the group home.

Bushland in urban areas

It is State policy to protect and preserve bushland within urban areas because of:

(a) its value to the community as part of the natural heritage, and

(b) its aesthetic value, and

(c)  its value as a recreational, educational and scientific resource and, specifically:
(i)  to protect the remnants of plant communities which were once characteristic of land now within an urban area, and
(ii)  to retain bushland in parcels of a size and configuration which will enable the existing plant and animal communities to survive in the long-term, and
(iii)  to protect rare and endangered flora and fauna species, and
(iv)  to protect habitats for native flora and fauna, and
(v)  to protect wildlife corridors and vegetation links with other nearby bushland, and
(vi)  to protect bushland as a natural stabiliser of the soil surface, and
(vii)  to protect bushland for its scenic values, and to retain the unique visual identity of the landscape, and
(viii)  to protect significant geological features, and
(ix)  to protect existing landforms, such as natural drainage lines, watercourses and foreshores, and
(x)  to protect archaeological relics, and
(xi)  to protect the recreational potential of bushland, and
(xii)  to protect the educational potential of bushland, and
(xiii)  to maintain bushland in locations which are readily accessible to the community, and
(xiv)  to promote the management of bushland in a manner which protects and enhances the quality of the bushland and facilitates public enjoyment of the bushland compatible with its conservation.

Caravan parks

(1)
It is State policy to encourage:
(a)  the orderly and economic use and development of land used or intended to be used as a caravan park catering exclusively or predominantly for short-term residents (such as tourists) or for long-term residents, or catering for both, and
(b)  the proper management and development of land so used, for the purpose of promoting the social and economic welfare of the community, and
(c)  the provision of community facilities for land so used, and
(d)  the protection of the environment of, and in the vicinity of, land so used.
(2)
It is also State policy to ensure that, before granting consent to the use of land for the purpose of a caravan park:
(a)  Councils have considered:
(i)  whether, because of its location or character, the land concerned is particularly suitable for use as a caravan park for tourists or for long-term residence, and
(ii)  whether there is adequate provision for tourist accommodation in the locality of that land, and whether existing or potential tourist accommodation will be displaced by the use of sites for long-term residence, and
(iii)  whether there is adequate low-cost housing, or land available for low-cost housing, in that locality, and
(iv)  whether necessary community facilities and services are available within the caravan park to which the development application relates or in the locality (or both), and whether those facilities and services are reasonably accessible to the occupants of the caravan park, and
(v)  any relevant guidelines issued by the Director, and
(b)  Councils are satisfied that the development would comply with the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995.

Hazardous and offensive development

It is State policy:

(a) to ensure that in determining whether a development is a hazardous or offensive industry, any measures proposed to be employed to reduce the impact of the development are taken into account, and

(b) to ensure that in considering any application to carry out potentially hazardous or offensive development, the consent authority has sufficient information to assess whether the development is hazardous or offensive and to impose conditions to reduce or minimise any adverse impact, and

(c) to require the advertising of applications to carry out any such development.

Maintenance dredging of tidal waterways

It is State policy to enable the maintenance dredging of tidal waterways by public authorities to be carried out in a timely, cost effective and environmentally responsible manner in response to changing conditions in those waterways.

Koala habitat protection

It is State policy to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline.

Permissibility of mining

It is State policy, in relation to mining:

(a) to promote the economic development of the State, and

(b) to facilitate the development of the State’s natural resources, and

(c) to facilitate the development of significant export-earning industries for the State, and

(d) to create significant employment opportunities within the State.

Extractive industries

It is State policy:

(a) to facilitate the development of extractive resources in proximity to the population of the Sydney Metropolitan Area by identifying land which contains extractive material of regional significance, and

(b) to permit, with development consent, development for the purpose of extractive industries on such land, and

(c) to ensure consideration is given to the impact of encroaching development on the ability of extractive industries to realise their full potential, and

(d) to promote the carrying out of development for the purpose of extractive industries in an environmentally acceptable manner.

Traffic Generating Development

It is State policy to ensure that the Roads and Traffic Authority:

(a) is made aware of, and

(b) is given an opportunity to make representations in respect of,

development referred to in Schedule 10.

sch 5: Am 2005 (561), Sch 1 [39] [40].

Schedule 6 Preservation of bushland

(Clauses 17 (5) and 36 (3))

The need to preserve and protect bushland should be considered in the context of:

• its value to the community as part of the natural heritage, and

• its aesthetic value, and

• its value as a recreational, educational and scientific resource, and

•  the following specific aims:
(a)  to protect the remnants of the plant communities which were once characteristic of land now within an urban area,
(b)  to retain bushland in parcels of a size and configuration which will enable the existing plant and animal communities to survive in the long-term,
(c)  to protect rare and endangered flora and fauna species,
(d)  to protect habitats for native flora and fauna,
(e)  to protect wildlife corridors and vegetation links with other nearby bushland,
(f)  to protect bushland as a natural stabiliser of the soil surface,
(g)  to protect bushland for its scenic values, and to retain the unique visual identity of the landscape,
(h)  to protect significant geological features,
(i)  to protect existing landforms, such as natural drainage lines, watercourses and foreshores,
(j)  to protect archaeological relics,
(k)  to protect the recreational potential of bushland,
(l)  to protect the educational potential of bushland,
(m)  to maintain bushland in locations which are readily accessible to the community,
(n)  to promote the management of bushland in a manner which protects and enhances the quality of the bushland and facilitates public enjoyment of the bushland compatible with its conservation.

Schedule 7 Matters for consideration in a subdivision of land

(Clause 21 (3))

Environmentally sensitive/constrained land

(1)
In areas subject to constraints such as flooding, tidal inundation, subsidence, slip, bushfire or any other risk, adequate safe area for building, where the risk from hazard is minimal, is to be provided within an allotment. The minimum building area being the area available for a dwelling house and car accommodation is to be free from all constraints.
(2)
Lot boundaries should relate, where possible, to natural land features such as creeks and escarpments.
(3)
The subdivision potential of land that may be subject to subsidence or slip is limited. A geotechnical report should be submitted with all proposals for subdivisions in such areas. The level of investigation necessary may be different for varying conditions, namely, scale of development, slope and geological conditions and whether or not sewerage is available for connection. Subdivision should be designed to minimise the risk from land subsidence.
(4)
Subdivision of flood-prone land should be avoided.

Drainage

Provision should be made for each allotment to be drained by gravity to a Council-approved drainage system. The topography of the land should not be altered so as to affect drainage patterns. Stormwater should drain directly to a Council-approved drainage system and not via adjoining properties unless via a formalised interallotment drainage system. The proposed allotments are to be drained to the direction of the natural fall of the land.

Restrictions

The Council will require that any easement, right-of-way, or other restriction that is placed on the title of any land as a requirement of the approval of the subdivision is to be protected by a positive covenant or like instrument with the Council nominated as a party, to ensure that section of land is retained for the designated purpose.

Access

(1)
Subdivision should be designed to allow access for motor vehicles on to each allotment of residential land. Driveways/access corridors etc to allotments to be created by subdivision should have a gradient not exceeding 1:4 and allow for transitional grades of 1.5 metres at a grade no steeper than 1:10.
(2)
Access should be provided from a constructed and dedicated public road. Where access is proposed to a section of unconstructed public road, then the subdivision will need to provide legal constructed access to the Council’s satisfaction, to a constructed public road.
(3)
The following table should be observed as to the width of accessways. The width is exclusive of any area for the provision of services to the lots.
Number of lots to be serviced
Width of clear constructed accessway (m)*
1–5
3.5
6–10
5.0
in excess of 10
access should be provided by a private or public road constructed with a width that is in accordance with Council standard specifications for engineering works (AUSPEC 1)
*Note—
Clear widths exclude fencing and other obstructions.
•  Driveways less than 5.0m wide should be widened to 5.0m for a distance of 10m at intervals of not more than 30m.
•  Vehicular ingress/egress points to internal lots may be used as passing/turning bays, subject to the extension of the right-of-carriageway.
•  As the widths quoted are for straights, this widening should be exclusive of the widening for curves. Any widening for curves should suit the minimum sweep path of the 98th percentile sedan vehicle based on Figure B1 in Australian Standard AS 2890.1–1993.
•  An additional width shall be provided within the right-of-carriageway for services:
up to 3 lots—0.5m
over 3 lots—1.0m
•  Passing bays should be provided in addition to the driveway as determined, having regard to sight conditions and to minimise vehicular conflict.
•  Rights-of-carriageway should be located so as to accommodate all vehicle turning facilities.
•  Driveways in excess of 200 metres will not be accepted in localities where erection of housing is Category One development.
(4)
Subdivisions must provide access for Council service vehicles, emergency vehicles and garbage collection vehicles.

Bushfire

New subdivisions should be designed to minimise the risk from potential bushfire.

Asset protection zones identified in a bush fire risk management plan in force under the Rural Fires Act 1997 should be contained within the property boundaries of the new subdivision.

Design and construction

All design and construction is to be in accordance with the Council’s Specification for Engineering Works and On site stormwater detention policy and technical specification.

Lot dimensions

In localities where erection of housing is Category One development, the following standards apply to proposed new allotments (other than new allotments proposed pursuant to clause 21 (1) (b)):

(a) Minimum width of 13 metres and a minimum depth of 27 metres. This does not apply to development that is not subject to a maximum density standard as outlined in the relevant Locality Statement or development occurring on the Brookvale Brickworks site in Locality F4—Brookvale Valley.

(b) Minimum building area of 150m². Building area excludes driveways.

(c) In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or that provides for vehicular access) is to be excluded, whether such access corridor is to be created or is in existence at the time of application for subdivision.

sch 7: Am 21.12.2001; 2005 (561), Sch 1 [41]–[45].

Schedule 8 Site analysis

(Clause 22 (2) (a))

The purpose of a site analysis is to identify and explain graphically:

• the key influences on the design, and

• the site planning for the proposal and how the development will relate to the immediate locality.

A site analysis must be to scale and should identify development opportunities and constraints. It should influence the design to minimise negative impacts on the amenity of adjoining development and to complement the desired character of the locality.

The extent of information included in a site analysis should reflect the issues that need to be considered in assessing the development proposal.

At its most exhaustive, a site analysis would document the site in terms of:

• contours and existing vegetation,

• buildings (including any which could be retained),

• views to and from the site,

• location of windows and private open space within adjoining properties,

• access and connection points,

• drainage and utility services,

• orientation, microclimate and noise sources,

• where relevant, any contaminated soils and filled areas,

• fences, boundaries and easements,

• soil and geological characteristics, and

• rock outcrops,

• flood affectation,

• bushfire hazard,

• any other notable features,

• and the surrounds in terms of:

• the location and use of adjacent and opposite buildings and out-buildings,

• abutting secluded private open space and habitable room windows which have outlooks towards the site, particularly those within 9m of the site,

• views and solar access enjoyed by adjacent residents,

• major trees on adjacent properties, particularly those within 9m of the site,

• location and height of walls built to the boundary of the site,

• characteristics of any adjacent public open space,

• identification of sensitive downslope/downstream ecosystems requiring protection,

• street-frontage features, such as poles, street trees, kerb crossovers, bus stops and services infrastructure,

• the built form and character of adjacent and nearby buildings and works, including characteristic fencing and garden styles,

• direction and distances to local shops, schools, public transport, parks and community facilities, and

• the difference in levels between the subject land and adjacent properties.

The site analysis must be accompanied by a written statement explaining how the development’s design relates to the analysis.

If a site analysis relates to a proposed subdivision, it should demonstrate how future development proposals would satisfy the general principles of development control in Part 4 and the relevant Locality Statement.

sch 8: Am 2005 (561), Sch 1 [46] [47].

Schedule 9 Notification requirements for remediation work

(Clause 25)

1 Notification requirements for Category A remediation work

(1) A notice of completion of a Category A remediation work on any land must be given by the person who completed the work to the Council within 30 days after the completion of the work.
(2) A copy of the notice must also be given by that person within the same period to the consent authority, if consent was required for the remediation work and the consent authority is not the Council.
(3) The notice required by this clause must:
(a)  be in writing prepared and signed by the person who carried out the work, and
(b)  provide the person’s name, address and business telephone number, and
(c)  provide details of the person’s qualifications to carry out the work, and
(d)  specify, by reference to its property description and street address (if any), the land on which the work was carried out, and
(e)  provide a map of the location of the land, and
(f)  state when the work was completed, and
(g)  specify the proposed uses of the land, and
(h)  specify the uses of the land immediately before the work started, and the substances, that contaminated it in such a way as to present a risk of harm to human health or some other aspect of the environment, and
(i)  briefly describe the method of remediation used in the work, and
(j)  specify the guidelines that were complied with in the work, and
(k)  specify the standard of remediation achieved (in the light of the use proposed for the land), and
(l)  show how the work complied with the conditions of the relevant development consent, and
(m)  state what action must be maintained in relation to the land after the completion of the remediation work if the standard of remediation achieved is to be maintained.

2 Notification requirements for Category B remediation work

(1) A person who proposes to carry out a Category B remediation work on any land must give notice of the proposed work to the Council.
(2) The notice must be given at least 30 days before the commencement of the work except, in the case of a remediation work that, by the terms of a management order, is required to be commenced before the expiry of the usual period under the Contaminated Land Management Act 1997 for lodgment of an appeal against the order (whether or not the remediation work is designated development or carried out, or to be carried out, on any land in a manner that does not comply with a policy made under the contaminated land planning guidelines of the Council), where the notice must be given no later than on the day before the commencement of the work.
(3) The notice must:
(a)  be in writing, and
(b)  provide the name, address and telephone number of the person who has the duty of ensuring that the notice is given, and
(c)  briefly describe the remediation work, and
(d)  show why the person considers that the work is Category B remediation work, and
(e)  specify, by reference to its property description and street address (if any), the land on which the work is to be carried out, and
(f)  provide a map of the location of the land, and
(g)  provide estimates of the dates for the commencement and completion of the work.

sch 9: Am 2009 No 56, Sch 2.74 [5].

Schedule 10 Traffic generating development

(Clause 30 (1) and (3))

(1)

Development for the purpose of, or being:

(a) the erection of, or conversion of a building into, a residential flat building comprising 300 or more dwellings or the enlargement or extension of a residential flat building by the addition of 300 or more dwellings, or

(b) the erection of a building for the purposes of shops, where the gross floor area of the building is or exceeds 2,000 square metres or the enlargement or extension of a building used for the purpose of shops, where the gross floor area of that enlargement or extension is or exceeds 2,000 square metres, or

(c) the erection of a building for the purposes of shops and commercial premises, where the gross floor area of the building is or exceeds 4,000 square metres or the enlargement or extension of a building used for the purposes of shops and commercial premises, where the gross floor area of that enlargement or extension is or exceeds 4,000 square metres, or

(d) the erection of a building for the purposes of commercial premises, where the gross floor area of the building is or exceeds 10,000 square metres or the enlargement or extension of a building used for the purposes of commercial premises, where the gross floor area of that enlargement or extension is or exceeds 10,000 square metres, or

(e) the erection of a building for the purposes of commercial premises and industry, where the gross floor area of the building is or exceeds 15,000 square metres or the enlargement or extension of a building used for the purposes of commercial premises and industry, where the gross floor area of that enlargement or extension is or exceeds 15,000 square metres, or

(f) the erection of a building for the purposes of industry, where the gross floor area of the building is or exceeds 20,000 square metres or the enlargement or extension of a building used for the purposes of industry, where the gross floor area of that enlargement or extension is or exceeds 20,000 square metres, or

(g) subdivision of land into 200 or more allotments, where the subdivision includes the opening of a public road, or

(h) drive-in theatres or the enlargement or extension of existing drive-in theatres so as to enable the accommodation of more than 200 motor vehicles, or

(i) educational establishments accommodating 50 or more students or the enlargement or extension of existing educational establishments to accommodate an additional 50 or more students, or

(j) transport terminals, bulk stores, container depots or liquid fuel depots or the enlargement or extension of any existing transport terminal, bulk store, container depot or liquid fuel depot by increasing by more than 8,000 square metres the area of land or the gross floor area of buildings used for that purpose, or

(k) junk yards (within the meaning of the Environmental Planning and Assessment Model Provisions 1980) or waste facilities (within the meaning of the Waste Recycling and Processing Corporation Act 2001), or

(l) heliports, airports or aerodromes, or

(m) extractive industry or mining, or

(n) areas used exclusively for parking or any other development having ancillary accommodation for 200 or more motor vehicles, or the enlargement or extension of a parking area, where the enlargement or extension accommodates 200 or more motor vehicles.

(2)

The following development, if the site of the development has direct vehicular or pedestrian access to an arterial road (or a road connecting with an arterial road, where the access is within 90 metres, measured along the road alignment of the connecting road, of the arterial road):

(a) the erection of, or the conversion of a building into, a residential flat building comprising 75 or more dwellings or the enlargement or extension of a residential flat building by the addition of 75 or more dwellings,

(b) the erection of a building for the purposes of shops, where the gross floor area of the building is or exceeds 500 square metres or the enlargement or extension of a building used for the purposes of shops, where the gross floor area of that enlargement or extension is or exceeds 500 square metres,

(c) the erection of a building for the purposes of shops and commercial premises, where the gross floor area of the building is or exceeds 1,000 square metres or the enlargement or extension of a building used for the purposes of shops and commercial premises, where the gross floor area of that enlargement or extension is or exceeds 1,000 square metres,

(d) the erection of a building for the purposes of commercial premises, where the gross floor area of the building is or exceeds 2,500 square metres or the enlargement or extension of a building used for the purposes of commercial premises, where the gross floor area of that enlargement or extension is or exceeds 2,500 square metres,

(e) the erection of a building for the purposes of commercial premises and industry, where the gross floor area of the building is or exceeds 4,000 square metres or the enlargement or extension of a building used for the purposes of commercial premises and industry, where the gross floor area of that enlargement or extension is or exceeds 4,000 square metres,

(f) the erection of a building for the purposes of industry, where the gross floor area of the building is or exceeds 5,000 square metres or the enlargement or extension of a building used for the purposes of industry, where the gross floor area of that enlargement or extension is or exceeds 5,000 square metres,

(g) subdivision of land into 50 or more allotments,

(h) tourist facilities, recreation facilities, showgrounds or sportsgrounds, in each case having accommodation for 50 or more motor vehicles or the enlargement or extension of any existing tourist facilities, recreation facilities, showgrounds or sportsgrounds, where that enlargement or extension includes accommodation for 50 or more motor vehicles,

(i) premises licensed under the Liquor Act 1982 or the Registered Clubs Act 1976, in each case having accommodation for 50 or more motor vehicles, or the enlargement or extension of such premises where that enlargement or extension includes accommodation for 50 or more motor vehicles,

(j) places of assembly or places of worship, in each case having accommodation for 50 or more motor vehicles or the enlargement or extension of any existing places of assembly or places of worship, where that enlargement or extension includes accommodation for 50 or more vehicles,

(k) the erection of a building for the purposes of refreshment rooms, where the gross floor area of that building is or exceeds 300 square metres or the enlargement or extension of a building used for the purposes of refreshment rooms, where the gross floor area of that enlargement or extension is or exceeds 300 square metres,

(l) drive-in take-away food outlets,

(m) service stations (including service stations which have retail outlets),

(n) motor showrooms having accommodation for 50 or more motor vehicles or the enlargement or extension of any existing motor showrooms, where that enlargement or extension includes accommodation for 50 or more motor vehicles,

(o) the erection of a building for the purposes of a hospital having accommodation for 100 or more beds or the enlargement or extension of a building for the purposes of a hospital, where the enlargement or extension includes accommodation for 100 or more beds.

(3)

Development:

(a) for the purpose of roadside stalls, or

(b) within areas used exclusively for parking or any other development, in each case having ancillary accommodation for 50 or more motor vehicles.

(4)

The enlargement or extension of a parking area, where the enlargement or extension includes accommodation for 50 or more motor vehicles.

sch 10: Rep 17.12.2004. Ins 2005 (561), Sch 1 [48].

Schedule 11 Koala feed tree species and plans of management

(Clause 59)

Feed tree species

Scientific name	Common name
Eucalyptus tereticornis	Forest red gum
Eucalyptus microcorys	Tallowwood
Eucalyptus punctata	Grey gum
Eucalyptus viminalis	Ribbon or manna gum
Eucalyptus camaldulensis	River red gum
Eucalyptus haemastoma	Broad leaved scribbly gum
Eucalyptus signata	Scribbly gum
Eucalyptus albens	White box
Eucalyptus populnea	Bimble box or poplar box
Eucalyptus robusta	Swamp mahogany

Plans of management

Preparation of plan of management

(1)

A plan of management may be prepared for:

(a) the whole of the local government area, or

(b) a part of the local government area (including an area of land that is the subject of a development application).

(2)

Anyone (including the Council) may prepare a plan of management.

(3)

A plan of management is to be prepared in accordance with the guidelines, as in force from time to time, made for the purpose of preparing koala habitat plans of management, by the Director.

(4)

A person who prepares a plan of management for the whole of the Warringah local government area is to consult the Director-General of National Parks and Wildlife about the content of the plan.

Approval of plan of management

(5)

A plan of management prepared by the Council has no effect unless it is approved by the Director.

(6)

A plan of management prepared by a person other than the Council has no effect unless it is approved by the Council and subsequently by the Director.

(7)

A plan of management takes effect on the day it is approved by the Director or on a later day specified in it for the purpose.

Amendment or repeal of plan of management

(8)

A plan of management may be amended or repealed by a subsequent plan of management prepared and approved in accordance with this Schedule.

Schedule 12 Requirements for complying development

(Appendices A–H)

Part A Housing and ancillary structures

General

• The development complies with all the objective built form controls outlined in the relevant Locality Statement, except where a built form control referred to in the Locality Statement is more restrictive. In that case, the requirements outlined in this Schedule prevail.

Streetscape

• Carports and garages occupy no more than 50% of the frontage width or have a maximum width of 6 metres.

• The original height of the building is unaltered.

• The street elevation of the dwelling has a front door or living room window facing the street.

• Front fence is not to exceed 1.2 metres above natural ground level.

Bulk and scale

• The distance between the floor level and the underside of the eaves is no more than 2.7 metres.

• The ground floor level of the structure at any point is no more than 600mm above natural ground level.

• The roof pitch is no more than 24 degrees.

• The external wall of any structure is at least 900mm from a side boundary.

• The eaves and roof gutter of any structure are a minimum distance from the boundary of 0.675m.

Site access and circulation

• The finished level of the driveway is to be within a maximum of 250mm from the existing ground level.

• Driveways are a minimum of 500mm from the side boundary.

• Driveways are a minimum 500mm clear of all drainage structures on the kerb and gutter and do not interfere with the existing public utility infrastructure, unless prior approval is obtained from the relevant authority.

• There is a maximum of one driveway crossing per allotment.

• Driveways are a minimum distance of 6m from a road intersection.

Water and soil management

• Development must collect stormwater and dispose of it to an existing approved drainage system.

• No construction over any registered easement without the approval of the party benefiting from the easement.

• No structure is constructed within 3m of a sewer/water main without the prior approval of the relevant service authority.

• The total impervious area after development is less than 35% of the total site area or the total impervious area of a proposed addition is less than 50m².

total impervious area means existing and proposed roofed areas, paved surfaces and hardstand areas.

Tree preservation

• No trees, which are the subject of the Council’s Tree Preservation Order, are to be removed without consent.

• No structure is to be constructed within the drip line of a tree that is the subject of the Council’s Tree Preservation Order.

Carparking

• Existing approved carparking spaces, including garages and carports, remain available for carparking as approved.

• Any increase in carparking demand, resulting from additions or alterations is met with the corresponding additional carparking provided on site in accordance with clause 74 (Provision of carparking).

Compliance with general principles

Development will comply with the objective requirements in the following general principles outlined in Part 4:

• clause 62—Access to sunlight

• clause 64—Private open space

• clause 68—Conservation of energy and water

• clause 74—Provision of carparking

• clause 75—Design of carparking areas (table only)

• clause 76—Management of stormwater

• clause 78—Erosion and sedimentation.

Part B Swimming pools

General

• The development complies with all the objective built form controls outlined in the relevant Locality Statement, except where a built form control referred to in the Locality Statement is more restrictive. In that case, the requirements outlined in this Schedule prevail.

Streetscape

• The pool is not between the dwelling and the front boundary.

Bulk, scale and location

• The pool and all associated coping and decking is no more than 500mm above natural ground level.

• The pool, including any associated coping and decking, is set back a minimum of 3 metres from the side and rear boundaries.

Amenity

• The noise level of any filtration equipment or pumps does not exceed 5dB (A) above the ambient background level measured at the nearest property boundary.

Installation and construction

The installation and construction of the pool complies, where relevant, with:

• AS/NZS 1839:1994—Swimming pools—Premoulded fibre-reinforced plastics—Installation, or

• AS 2783–1992—Use of reinforced concrete for small swimming pools.

The pool and surrounding structures

The pool and surrounding structures comply with AS 1926.2–1995—Swimming pool safety—Location of fencing for private swimming pools.

There is pedestrian access around the perimeter of the pool.

Note—

The Swimming Pools Act 1992 and the Swimming Pool Regulation 1998 must be complied with.

Compliance with general principles

Development will comply with objective requirements in the following general principles outlined in Part 4:

• Clause 76—Management of stormwater

• Clause 78—Erosion and sedimentation.

Part C Industrial/Warehouse

General

The development complies with all the objective built form controls outlined in the relevant Locality Statement, except where a built form control referred to in the Locality Statement is more restrictive. In that case, the requirements outlined in this Schedule prevail.

Streetscape

• All required carparking is provided on site behind the required front setback.

• Existing landscaping is not reduced.

• All works are within the existing envelope of the building.

• No alterations to the external cladding of the building.

• No increase in the number or the width of vehicle footpath crossings.

Floor space

• There is no increase in the gross floor area of the currently approved building.

• There is no decrease to the gross floor area used for pedestrian access paths or access to fire exits.

• No reduction in the fire safety measures for the building required to be provided in accordance with the Building Code of Australia and relevant Australian Standards.

Carparking

• Existing approved carparking spaces, including garages and carports, remain available for carparking as approved.

• Any increase in carparking demand, resulting from change of use, is met with the corresponding additional carparking provided on site in accordance with the general principle in clause 74 (Provision of carparking).

• Adequate manoeuvring area is provided to ensure that vehicles are able to enter and exit the site in a forward direction.

• Design of carparking areas is in accordance with the most recent Guide to Traffic Generating Developments (NSW Roads and Traffic Authority).

Compliance with general principles

Development will comply with the objective requirements in the following general principles outlined in Part 4:

• Clause 43—Noise

• Clause 44—Pollutants

• Clause 45—Hazardous uses

• Clause 74—Provision of carparking.

Part D Businesses, offices and shops

Streetscape

• Compliance with the objective standards outlined in the relevant Locality Statement.

• All work is contained within the previously approved envelope of the building.

• New entrances directly face the street or pedestrian thoroughfares.

Floor space

• There is no increase in the gross floor area of the currently approved building.

• There is no decrease to the gross floor area used for pedestrian access paths or for access to fire exits.

• No reduction in the fire safety measures for the building required to be provided in accordance with the Building Code of Australia and relevant Australian Standards.

Carparking

• Existing approved carparking spaces, including garages and carports, remain available for carparking as approved.

• Any increase in carparking demand, resulting from change of use, is met with the corresponding additional carparking provided on site in accordance with the general principle in clause 74 (Provision of carparking).

• Design of carparking areas is in accordance with the most recent Guide to Traffic Generating Developments (NSW Roads and Traffic Authority).

Food shops

• If the new shop is a food shop, then it must comply with all objective standards imposed on the proposed development by the Food Act 1989 and associated Regulations.

Compliance with general principles

Development will comply with the objective requirements in the following general principles outlined in Part 4:

• clause 43—Noise

• clause 74—Provision of carparking.

sch 12: Am 2005 (561), Sch 1 [49]; 2005 (876), Sch 1 [2] [3].

Schedule 13 Development guidelines for Collaroy/Narrabeen Beach

(Appendix D—Locality D1)

1 Land to which these guidelines apply

These development guidelines for Collaroy/Narrabeen Beach apply to all properties marked on the Council’s Collaroy/Narrabeen/Fishermans Beach Hazard Line Maps—A1 8634, Sheets 1–3, having any part within the zones of Wave Impact, Slope Adjustment or Reduced Foundation Capacity, as shown on those maps.

2 Policy statement

Development guidelines for Collaroy/Narrabeen Beach, policy statement:
The Council is to control and regulate development along Collaroy/Narrabeen beachfront to reduce the risk of damage to beachfront trees, buildings, works and places from coastal processes.
The risk of damage is to be reduced through having appropriate setbacks and foundation criteria for structures, as detailed in the Criteria for the Siting and Design of Foundations for Residential Development, February 1991, Geomarine Pty Ltd and Coffey Partners International Pty Ltd, Report No 69021 R02 (prepared for Warringah Shire Council).
When assessing an application for consent to any such development, the Council must take into account the Collaroy/Narrabeen Coastline Management Plan 1997 (WC 1997), available at the office of the Council, and the State Government’s Coastline Management Manual (1990).
The development guidelines for Collaroy/Narrabeen Beach include the Council’s Maps A1 8634 Sheets 1–3.
Note—
General advice is to be included by the consent authority with all consents and approvals to assist in informing residents and owners of the potential threat to property from coastal processes.
Aims of these guidelines
The aims of these guidelines are as follows:
(a)  to preserve and protect the Collaroy/Narrabeen Beach as a national asset for public recreation and amenity,
(b)  to ensure that building and development along the Collaroy and Narrabeen Beaches have regard to the current and future hazards of wave impact and coastal erosion,
(c)  to be consistent with the aims and objectives of the State Government’s Coastline Hazard Policy and Coastline Management Manual,
(d)  to be within the reasonable and practical financial capacity of the Council to implement with financially equitable impacts across the Warringah community.
In addition, these guidelines specifically aim:
•  to provide protection from coastal processes for proposed buildings and works along the Collaroy/Narrabeen beachfront,
•  to enable assessment of development applications for the Collaroy/Narrabeen beachfront in accordance with this policy and in accordance with the principles of the State Government’s Coastline Management Manual, published in September 1990,
•  to be consistent with other management strategies and actions detailed in the Collaroy/Narrabeen Coastline Management Plan 1997, and
•  to exempt the Council from liability in respect of advice furnished and conduct of the Council in accordance with principles contained in the State Government’s Coastline Management Manual, published in September 1990.
Note—
For further information related to the development guidelines policy see:
•  Criteria for the Siting and Design of Foundations for Residential Development, February 1991, Geomarine Pty Ltd and Coffey Partners International Pty Ltd, Report No 69021 R02 (for Warringah Shire Council)
•  Coastline Management Manual, New South Wales Government, September 1990.

3 Principles

The Council will take the following principles into account when it assesses development:
(a)  Minor development
(i)  In this paragraph, minor development means works identified as exempt development in Schedule 1.
(ii)  Minor development should be appropriately sited having regard to the Hazard Zones marked on the Council’s Maps A1 8634 Sheets 1–3 and the aims of these guidelines.
(iii)  In the Zone of Wave Impact, consent may be granted for minor development and landscaping works, having regard to the aims of these guidelines.
(iv)  The Zone of Wave Impact is the area identified as such on the map.
(b)  Major development
(i)  In this paragraph, major development means all other development for which consent under the Act is required, but does not include engineered structures built or commissioned by a public authority for the purpose of erosion protection and mitigation.
(ii)  Major development should be appropriately sited on allotments west (landward) of the Zone of Wave Impact and having regard to the Zones of Slope Adjustment and Reduced Foundation Capacity, as identified on a map available from the office of the Council.
(iii)  The Hazard Zones are to be marked on all plans submitted to the Council.
(iv)  In the Zone of Wave Impact, major development will not be permitted. This includes structures which extend out over the Zone of Wave Impact or into the air space above the Zone of Wave Impact.
(v)  In the Zone of Slope Adjustment, structures are to be supported on piles to withstand loads which may be induced in the pile by slumping of the soil face.
(vi)  In the Zone of Reduced Foundation Capacity, structures are to be supported on piles to withstand loads which may be induced in the pile by slumping of the soil face.
(vii)  In the Zone of Stable Foundation, as identified on a map available from the office of the Council, conventional foundation design may be permissible, depending on proximity to Hazard Zones.
(viii)  Criteria for structural pile design for residential development is detailed in Criteria for the Siting and Design of Foundations for Residential Development, February 1991, Geomarine Pty Ltd and Coffey Partners International Pty Ltd, Report No 69021 R02. This report is a design guide only and detailed design of piling should be undertaken in accordance with these guidelines.
(ix)  A suitably qualified engineer must undertake the geotechnical/structural design of the foundations in accordance with the report referred to in subparagraph (viii) and these guidelines.
(x)  Unless demonstrated as being adequate to the Council’s satisfaction, piling must extend to a depth below 1 metre AHD in the Zones of Slope Adjustment and Reduced Foundation Capacity.
(xi)  Piling requirements for major development extend to the whole structure, with any part of the structure located east (seaward) of the Zone of Stable Foundation.

4 Conditions of approval or consent

Any approval or consent will include the following condition:
“The applicant/owner is to minimise the amount of sand removed from the property during construction. If sand is removed from the site during construction, it may be placed on the beach reserve in accordance with the direction of the Council’s Environmental Officers.”

5 Advice to be included with approvals or consents

The following advice is to be included with all consents and approvals:
“This property is on land located in an area where there is likely to be a risk of coastal erosion and wave impact during severe storms. The risk to the property may increase with time due to long-term beach recession caused by greenhouse induced sea level rise or natural coastal processes.
To reduce the potential impact to your property, the Council strongly recommends that effective precautions be taken to ensure adequate volumes of sand are maintained within the eastern (seaward) boundary of your property. The Council requires that only free-draining, clean, yellow sand be used to fill allotments.”

6 Special conditions

For non-residential major development, the applicant is to have regard to the requirements for major development given in item 3 (b) of these guidelines and, in addition, is to provide advice from a suitably qualified engineer, detailing piling design for the structure, capable of withstanding coastal processes such as wave impact and coastal erosion, affecting the Collaroy/Narrabeen Beach.

Schedule 14 Guiding principles for development near Middle Harbour

(Appendix C—Locality C1)

The following matters must be taken into consideration:

(a) the desirability of increasing public access to, and use of, land on the foreshore,

(b) the retention, management and use of land made available for public access or the use of other appropriate tenure mechanisms where public ownership is not possible,

(c) the retention and enhancement of public access links between existing foreshore open space areas,

(d) the conservation of significant bushland and other natural features along the foreshore, where consistent with conservation principles, and their availability for public use and enjoyment,

(e) the suitability of the site or part of the site for significant open space that will enhance the open space network existing along the Harbour foreshores,

(f) the protection of significant natural and cultural heritage values, including marine ecological values,

(g) the protection and improvement of unique visual qualities of the Harbour, its foreshores and tributaries,

(h) the relationship between use of the water and foreshore activities,

(i) the conservation of items of heritage significance identified in an environmental planning instrument or subject to an order under the Heritage Act 1977,

(j) the scale and character of any development, derived from an analysis of the context of the site,

(k) the character of any development as viewed from the water and its compatibility and sympathy with the character of the surrounding foreshores,

(l) the application of ecologically sustainable development principles,

(m) the maintenance of a working-harbour character and functions by the retention of key waterfront industrial sites or, at a minimum, the integration of facilities for maritime activities into development and, wherever possible, the provision of public access through these sites to the foreshore,

(n) the feasibility and compatibility of uses and, if necessary, appropriate measures to ensure co-existence of different land uses,

(o) increasing opportunities for water-based public transport.

Schedule 15 Statement of environmental effects

(Clause 15 (1))

(1)

A summary of the statement of environmental effects.

(2)

A statement indicating how the proposed development is consistent with the relevant desired future character statement and general principles of development control established by this plan.

(3)

A statement of the objectives of the proposed development.

(4)

An analysis of any feasible alternatives to the carrying out of the development, having regard to its objectives, including:

(a) the consequences of not carrying out the development, and

(b) the reasons justifying the carrying out of the development.

(5)

An analysis of the development, including:

(a) a full description of the development, and

(b) a general description of the environment likely to be affected by the development, together with a detailed description of those aspects of the environment that are likely to be significantly affected, and

(c)  a description of the likely impact on the environment of the development, having regard to:
(i)  the nature and extent of the development, and
(ii)  the nature and extent of any building or work associated with the development, and
(iii)  the way in which any such building will be erected in connection with the development, and
(iv)  any rehabilitation measures to be undertaken in connection with the development, and

(d) a full description of the measures proposed to mitigate any adverse effects of the development on the environment.

(6)

The reasons justifying the carrying out of the development in the manner proposed, having regard to biophysical, economic and social considerations and the principles of ecologically sustainable development.

(7)

The statement is to include a compilation (in a single section of the statement) of the measures proposed to mitigate any adverse effects of the development on the environment.

(8)

A list of any approvals that must be obtained under any other Act or law before the development may lawfully be carried out.

Definition

For the purposes of this Schedule, “the principles of ecologically sustainable development” are as follows:

(a) The precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

(b) Inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

(c) Conservation of biological diversity and ecological integrity.

(d) Improved valuation and pricing of environmental resources.

Note—

The matters to be included in item 5 (c) might include such of the following as are relevant to the proposed development:

(a) the likelihood of soil contamination arising from the development,

(b) the impact of the development on flora and fauna,

(c) the likelihood of air, noise or water pollution arising from the development,

(d) the impact of the development on the health of people in the neighbourhood of the development,

(e) any hazards arising from the development,

(f) the impact of the development on traffic in the neighbourhood of the development,

(g) the effect of the development on local climate,

(h) the social and economic impact of the development,

(i) the visual impact of the development on the scenic quality of land in the neighbourhood of the development,

(j) the effect of the development on soil erosion and the silting up of rivers or lakes,

(k) the effect of the development on the cultural and heritage significance of the land on which it is proposed to be carried out.

Schedule 16 Principles and standards for housing for older people or people with disabilities

(Clause 40)

(1) Identification

If the site includes more than one street, street signage incorporating house numbers must be provided at each intersection.

(2) Security

Pathway lighting:
(a) must be positioned at low height to avoid glare, and
(b) must provide at least 50 lux at ground level.

(3) Letterboxes in multi-dwelling developments

Letterboxes for multi-dwelling developments:
(a)  must be lockable, and
(b)  must be located together in a central location adjacent to the street entry, and
(c)  must be situated on a hard standing area and have wheelchair access by a continuous path of travel (within the meaning of AS 1428).

(4) Private car accommodation

If car parking (not being car parking for employees) is provided:
(a)  each car parking space must be not less than 6 metres 3.2 metres or the design of the development must be such as to enable the size of the car parking space to be increased to an area of not less than 6 metres 3.2 metres, and
(b)  any garage or carport must have an internal clearance of at least 2.5 metres as measured from the finished floor level of the garage or carport, and
(c)  any garage must have a power-operated roller door, or there must be a power point and an area for motor or control rods to enable a power-operated door to be installed at a later date.

(5) Accessible entry

Every entry (whether a front entry or not) to a hostel, residential care facility or dwelling, not being an entry for employees:
(a)  must not have a slope that exceeds 1:40, and
(b)  must comply with clauses 4.3.1 and 4.3.2 of AS 4299, and
(c)  must have an entry door handle and other hardware that complies with AS 1428.

(6) Exterior: general

All external doors to any one dwelling must be keyed alike.

(7) Interior: general

Internal doors must have a clearance of at least 820 millimetres.
Internal corridors must have a width of at least 1 000 millimetres.
The width at internal door approaches must be at least 1 200 millimetres.

(8) Living room and dining room

A living room in a self-contained dwelling must have:
(a)  a circulation space:
(i)  of at least 2 250 millimetres in diameter, and
(ii)  as set out in clause 4.7 of AS 4299, and
(b)  a telephone adjacent to a general power outlet.
A living room and dining room must have a potential illumination level of at least 300 lux.

(9) Kitchen

A kitchen in a self-contained dwelling must have:
(a)  a width of at least 2.7 metres and a clear space between benches of at least 1 450 millimetres, and
(b)  a width at door approaches of at least 1 200 millimetres, and
(c)  benches that include at least one work surface:
(i)  that is at least 800 millimetres in length, and
(ii)  the height of which can be adjusted from 750 millimetres to 850 millimetres, and
(d)  a tap set:
(i)  that is located within 300 millimetres of the front of the sink, and
(ii)  that is a capstan tap set or that comprises lever handles or a lever mixer, and
(e)  a thermostatic mixing valve for the hot water outlet, and
(f)  cook tops:
(i)  with either front or side controls, and
(ii)  with controls that have raised cross bars for ease of grip, and
(iii)  that include an isolating switch, and
(g)  a worksurface adjacent to the cook top and at the same height and that is at least 800 millimetres in length, and
(h)  an oven that is located adjacent to a worksurface the height of which can be adjusted, and
(i)  “D” pull cupboard handles that are located towards the top of below-bench cupboards and towards the bottom of overhead cupboards, and
(j)  general power outlets:
(i)  at least one of which is a double general power outlet within 300 millimetres of the front of a worksurface, and
(ii)  one of which is provided for a refrigerator in such a position as to be easily accessible after the refrigerator is installed.

(10) Main bedroom

At least one bedroom within a self-contained dwelling must have:
(a)  an area sufficient to accommodate a wardrobe and a queen-size bed with a clear area at least 1 200 millimetres wide at the foot of the bed, and
(b)  2 double general power outlets on the wall where the head of the bed is likely to be, and
(c)  at least one general power outlet on the wall opposite the wall where the head of the bed is likely to be, and
(d)  a telephone outlet next to the bed on the side closest to the door and a general power outlet beside the telephone outlet, and
(e)  a potential illumination level of at least 300 lux.

(11) Bathroom

A bathroom must have:
(a)  an area that complies with AS 1428, and
(b)  a slip-resistant floor surface, and
(c)  a shower:
(i)  the recess of which is at least 1 160 millimetres 1 100 millimetres, or that complies with AS 1428, or that complies with clause 4.4.4 and Figures 4.6 and 4.7 of AS 4299, and
(ii)  the recess of which does not have a hob, and
(iii)  that is waterproofed in accordance with AS 3740, and
(iv)  the floor of which falls to a floor waste, and
(v)  that can accommodate a grab rail that complies with Figure 4.6 of AS 4299 and AS 1428, and
(vi)  that has a tap set that is a capstan tap set or that comprises lever handles and that has a single outlet, and
(vii)  that has the tap set positioned so as to be easily reached from the entry to the shower, and
(viii)  that can accommodate an adjustable, detachable hand-held shower rose mounted on a slider grab rail or a fixed hook, and
(ix)  that can accommodate a folding seat that complies with Figure 4.6 of AS 4299, and
(d)  thermostatic mixing valves for all hot water outlets, and
(e)  a washbasin with clearances that comply with Figure 4.4 of AS 4299, and
(f)  a wall cabinet that is sufficiently illuminated to be able to read the labels of items stored in it, and
(g)  a mirror, and
(h)  a double general power outlet beside the mirror.

(12) Toilet

A dwelling must have a toilet:
(a)  that is a visitable toilet within the meaning of clause 1.4.12 of AS 4299, and
(b)  that is installed in compliance with AS 1428, and
(c)  that has a slip-resistant floor surface, and
(d)  the WC pan of which is located from fixed walls in accordance with AS 1428, and
(e)  that can accommodate a grab rail that complies with Figure 4.5 of AS 4299 and AS 1428.

(13) Access to kitchen, main bedroom, bathroom and toilet

In a multi-storey self-contained dwelling:
(a)  the kitchen, main bedroom, bathroom and toilet must be located on the ground floor, or
(b)  if the kitchen, main bedroom, bathroom and toilet are not located on the ground floor, the ground floor living space must be able to be altered so as to accommodate them, or
(c)  if the kitchen, main bedroom, bathroom and toilet are located on a floor above the ground floor, the stairs to the higher floor:
(i)  must be equipped with a stair climber that is capable of being used by a person in a wheelchair, or
(ii)  must be sufficiently wide to enable the installation of a stair climber that is capable of being used by a person in a wheelchair.

(14) Laundry

A self-contained dwelling must have a laundry:
(a)  that has provision for the installation of an automatic washing machine, and
(b)  that has provision for the installation of a clothes dryer, and
(c)  that has a clear space in front of appliances of at least 1 300 millimetres, and
(d)  that has thermostatic mixing valves for all hot water outlets, and
(e)  that has a slip-resistant floor surface, and
(f)  that has an accessible path of travel to any clothes line provided in relation to the dwelling.

(15) Storage

A self-contained dwelling must be provided with a linen cupboard:
(a) that is at least 600 millimetres wide, and
(b) that has adjustable shelving.

(16) Doors

Door hardware provided as the means for opening doors must be:
(a) able to be operated with one hand, and
(b) located between 900 millimetres and 1 100 millimetres above floor level.

(17) Surface finishes

Balconies and external paved areas must have slip-resistant surfaces.

(18) Ancillary items

Switches must be located between 900 millimetres and 1,100 millimetres above floor level.
General purpose outlets must be located at least 600 millimetres above floor level.

(19) Garbage

An outside garbage storage area must be provided in an accessible location.

(20) Applications by certain housing providers

Despite the provisions of clause 40 relating to wheelchair access and of clauses (7)–(19) above, a dwelling, or part of a dwelling, that is located above the ground floor in a multi-storey building does not have to comply with the requirements of those provisions if the development application is made by, or by a person jointly with, the Department of Housing or a local government or community housing provider.

(21) Neighbourhood amenity and streetscape

The proposed development should:
(a)  contribute to an attractive residential environment with clear character and identity, and
(b)  where possible, retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and
(c)  where possible, maintain reasonable neighbour amenity and appropriate residential character by providing building setbacks that progressively increase as wall heights increase to reduce bulk and overshadowing, and
(d)  where possible, maintain reasonable neighbour amenity and appropriate residential character by using building form and siting that relates to the site’s land form, and
(e)  where possible, maintain reasonable neighbour amenity and appropriate residential character by adopting building heights at the street frontage that are compatible in scale with adjacent development, and
(f)  where possible, maintain reasonable neighbour amenity and appropriate residential character by considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours, and
(g)  be designed so that the front building of the development is set back in sympathy with, but not necessarily the same as, the existing building line, and
(h)  embody planting that is in sympathy with, but not necessarily the same as, other planting in the streetscape.

Schedule 17 Carparking provision

(Clause 74)

Land Use	Minimum parking
Accommodation
Detached style housing	2 spaces per dwelling No additional carparking required for a granny flat
Apartment style housing	1 space per 1 bedroom unit 1.2 spaces per 2 bedroom unit 1.5 spaces per 3 bedroom unit 1 visitor space per 5 units or part of units
Motel	1 space per unit plus 1 space per 2 employees plus if a restaurant is included, add the greater of: (a) 15 spaces per 100 m² GFA of restaurant or function room, or (b) 1 space per 3 seats
Hotel	Comparisons must be drawn with developments for a similar purpose, noting the existing supply of, and demand for, parking in the area and the peak parking periods of individual facilities within the hotel When the proposed hotel development includes a function room for live music performances or a nightclub, particular attention must be paid to parking requirements to meet peak demands
Caravan park	1 space per caravan site
Housing for older people or people with a disability	Note that clause 29 imposes the following requirements as to parking: Hostel or residential care facility: 1 space per 10 beds plus 1 space per 2 employees on duty at any one time plus 1 ambulance space AND 0.5 spaces per bedroom where the application is made by a person other than the Department of Housing or a local government or community housing provider, or 1 space per 5 dwellings where the application is made by, or is made by a person jointly with, the Department of Housing or a local government or community housing provider Visitor parking: In the case of development that comprises less than 8 dwellings and is not situated on a clearway, no visitor parking is required In the case of development that comprises 8 or more dwellings or is situated on a clearway, visitor parking is required
Nursing home	1 space per 10 beds (visitors) plus 1 space per 2 employees plus 1 space per ambulance
Short-term accommodation (includes serviced apartment, motel, holiday flat, backpackers hostel but does not include a dwelling or a hotel)	Serviced apartments and holiday flats: to be assessed at the same rate as apartment style housing Backpackers hostel: comparisons must be drawn with developments for a similar purpose to a backpackers hostel (Note that the requirements for motels are separately listed)
Commercial, retail, business
Office	1 space per 40 m² GFA
Business premises	1 space per 40 m² GFA excluding customer service/access areas plus for customer service/access areas 1 space per 16.4 m² GFA
Shop	1 space per 16.4 m² GLFA (6.1 spaces per 100 m² GLFA) The above rate may be varied in shopping centre complexes, such as shopping malls, where multi-purpose trips predominate, in accordance with the following: (a) for 0–10,000 m² GLFA—6.1 spaces per 100 m² GLFA (b) for 10,000–20,000 m² GLFA—5.6 spaces per 100 m² GLFA (c) for 20,000–30,000 m² GLFA—4.3 spaces per 100 m² GLFA (d) for more than 30,000 m² GLFA—4.1 spaces per 100 m² GLFA
Video store	6.1 spaces per 100 m² GFA
Bulky goods shop	Comparisons must be drawn with developments for a similar purpose Provision to be made for car/trailer combinations and adequate on-site parking spaces for service/delivery vehicles at a convenient location, separated from customer parking
Markets	2.5 spaces per stall (customers only) plus separate provision for stall holders vehicles
Roadside stall	4 spaces
Drive-in liquor store	Refer to design principles for Drive-in liquor stores in the Roads and Traffic Authority’s Guide to Traffic Generating Developments (Issue 2.1a, February 2000)
Retail plant nursery	Whichever is greater of: 15 spaces, or 0.5 spaces per 100 m² of site area
Builders’ supply and hardware establishment	Comparisons must be drawn with developments for a similar purpose Provision to be made for car/trailer combinations and adequate on-site parking spaces for service/delivery vehicles at a convenient location, separated from customer parking
Hire establishment	Comparisons must be drawn with developments for a similar purpose Adequate parking for staff is required, as well as customer parking, including provision for cars with trailers and vehicle manoeuvring space appropriate to the use
Service station	6 spaces per service bay plus 5 spaces per 100 m² GFA of convenience store (If restaurant present, then greater of 15 spaces per 100 m² GFA, or 1 space per 3 seats)
Motor showroom	0.75 spaces per 100 m² site area plus 6 spaces per work bay for vehicle servicing facilities
Car tyre retail outlet	Whichever is greater of: 3 spaces per 100 m² GFA, or 3 spaces per work bay
Brothel	1 space per 2 suites for employees plus 1 space per 2 suites for clients Additional car parking spaces must be provided where other discrete uses (such as function rooms etc) are provided in the premises, at a rate appropriate to the particular use
Animal boarding or training establishment	Adequate parking provision for staff and customers, Adequate provision for parking and turning of vehicles with trailers if appropriate to use
Refreshment
Drive-in take-away food outlet	Drive-in take-away food outlet with no on-site seating: 12 spaces per 100 m² GFA Drive-in take-away food outlet with on-site seating: 12 spaces per 100 m² GFA or greater of: 1 space per 5 seats (internal and external), or 1 space per 2 seats (internal) Drive-in take-away food outlet with on-site seating and drive through facilities: greater of: 1 space per 2 seats (internal), or 1 space per 3 seats (internal and external) plus queuing area for 5 to 12 cars
Restaurant	Whichever is the greater of: 15 spaces per 100 m² GFA, or 1 space per 3 seats The above rate may be reduced if there is, in the consent authority’s opinion, suitable available parking in the vicinity during the operating hours of the proposed development
Registered club	Comparisons must be drawn with developments for a similar purpose
Recreation
Recreation facility:
Squash court	3 spaces per court
Tennis court	3 spaces per court
Bowling alley	3 spaces per alley
Bowling green	30 spaces per green plus 15 spaces per additional green
Gymnasium	4.5 spaces per 100 m² GFA
Marina	If a survey of similar existing developments has not been undertaken, the following figures may serve as a general guide: 0.6 spaces per wet berth 0.2 spaces per dry storage berth 0.2 spaces per swing mooring 0.5 spaces per marina employee If a survey of similar existing developments has been undertaken, regard must be had to the survey
Entertainment facility	Comparisons must be drawn with developments for a similar purpose
Industry, warehouse, vehicular
Industry	1.3 spaces per 100 m² GFA (including up to 20% of floor area as office space component. Office space component above 20% determined at office rate)
Warehouse	1.3 spaces per 100 m² GFA (including up to 20% of floor area as office space component. Office space component above 20% determined at office rate)
Business park	Apply rates for component uses, ie factory/warehouse at industry rate: office/showroom at office rate (Where office/showroom is a component of a factory/warehouse development, the first 20% of office/showroom floor area is calculated at the industry rate)
Vehicle repair station, vehicle body repair workshop	1.3 spaces per 100 m² GFA
Road transport terminal	Surveys must be taken of developments for a similar purpose
Container depot	Surveys must be taken of developments for a similar purpose
Truck stop	1 truck parking space per motel unit plus 1 car space per 2 employees plus for restaurant facilities, the greater of: 15 spaces per 100 m² GFA, or 1 space per 3 seats
Health and community services
Medical centre	4 spaces per 100 m² GFA
Health consulting room	3 spaces per room used to see patients This may be reduced if not all rooms will be in concurrent operation, or if convenient on-street parking is available, providing that the use of such parking does not adversely affect the amenity of the adjacent area
Hospital	Comparisons must be drawn with developments for a similar purpose
Child care centre	1 space for every 4 children, having regard to the maximum number of children authorised to be cared for at any particular time
Primary schools, further education	1 space per staff member in attendance, plus as relevant, adequate pickup/setdown area on site plus adequate provision of bicycle racks plus adequate provision for student parking plus provision of bus standing and turning area
Place of worship	Comparisons must be drawn with developments for a similar purpose The need for additional parking for church halls must also be addressed in relation to proposed uses and hours of use
Community facility	Comparisons must be drawn with developments for a similar purpose
Veterinary hospital	Comparisons must be drawn with developments for a similar purpose Adequate parking provision for staff and customers

sch 17: Ins 24.10.2003.

Dictionary

(Clause 6 (1))

For the purposes of this plan:

Aboriginal cultural heritage significance means cultural significance to indigenous inhabitants of New South Wales.

Aboriginal places means natural Aboriginal sacred sites. They include natural features such as creeks or mountains of cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance, such as Aboriginal missions and post-contact sites.

Aboriginal site means any place which has the physical remains of prehistoric occupation by, or is of contemporary significance to, Aboriginal people. It may include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and carved trees and sharpening grooves.

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

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

Acid Sulfate Soils Hazard Map means the map marked “Warringah Local Environmental Plan 2000—Hazard Map 1—Acid Sulfate Soils”.

agriculture means horticulture and the cultivation of crops, including cereals, fruit, nuts, vegetable and flower crops, and includes horticultural, irrigation and farming practices such as:

(a) the keeping or breeding of livestock, bees and poultry or other birds, or

(b) aquaculture, or

(c) the cultivation of plants in a wholesale plant nursery for commercial purposes,

but does not include intensive agriculture.

animal boarding or training establishment means a place used for the commercial boarding, breeding, keeping or training of animals, and includes a riding school.

archaeological site means a site shown as such on the map and includes a site known to the consent authority to have archaeological significance even if it is not so shown.

arterial road means a road classified under Part 5 of the Roads Act 1993 and includes Forest Way, Warringah Road, Wakehurst Parkway, Pittwater Road, Mona Vale Road and Condamine Street.

AS 1428 means Australian Standard 1428.1–1998Design for access and mobility—Part 1: General requirements for access—New building work, as amended from time to time.

AS 3740 means Australian Standard 3740–1994Waterproofing of wet areas within residential buildings, as amended from time to time.

AS 4299 means Australian Standard 4299–1995Adaptable housing, as amended from time to time.

boarding house:

(a)  means any premises that:
(i)  are wholly or partly let as a lodging for the purposes of providing the occupants with a principal place of residence, and
(ii)  are used and occupied by at least 4 long term unrelated residents, and
(iii)  include a communal living space used for eating and recreation, and
(iv)  are not licensed to sell liquor, and

(b) does not include premises that have been subdivided or in which there is separate ownership of parts of the premises.

brothel means a building or place habitually used for the purposes of prostitution within the meaning of the Summary Offences Act 1988.

builders’ supply and hardware establishment means a building or place used for the sale of goods and materials used for the purpose of construction, such as timber, cement, paint, tools and the like.

bulky goods shop means a building or place used for the sale by retail or auction of goods or materials which are of such a size, shape or weight as to require:

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

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

but does not include a building or place used for the sale of foodstuffs or clothing.

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

bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

business premises means a building or place in which an occupation, profession, banking activities or similar activities is or are carried on providing a service directly and regularly to the public, but does not include a building or place elsewhere defined in this Dictionary.

canal estate development means development that:

(a) incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and

(b)  includes the construction of dwellings (which may include tourist accommodation) of a kind other than, or in addition to:
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, and

(c) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood-prone land.

category A remediation work is a remediation work relating to contaminated land that is:

(a) designated development, or

(b) carried out or to be carried out on land declared to be a critical habitat, or

(c) likely to have a significant effect on a critical habitat or a threatened species, population or ecological community, or

(d) development for which a State environmental planning policy or a regional environmental plan requires development consent, or

(e)  carried out or to be carried out in an area or locality shown cross-hatched on the map or to which any classification to the following effect applies:
(i)  coastal protection,
(ii)  conservation or heritage conservation,
(iii)  habitat area, habitat protection area, habitat or wildlife corridor,
(iv)  environment protection,
(v)  escarpment, escarpment protection or escarpment preservation,
(vi)  floodway,
(vii)  nature reserve,
(viii)  scenic area or scenic protection,
(ix)  wetland, or

(f) carried out or to be carried out on any land in a manner that does not comply with a policy made under the contaminated land planning guidelines by the Council,

but does not include a remediation work, that by the terms of a management order, is required to be commenced before the expiry of the usual period under the Contaminated Land Management Act 1997 for lodgment of an appeal against the order (whether or not the remediation work is designated development or carried out, or to be carried out, on any land in a manner that does not comply with a policy made under the contaminated land planning guidelines by the Council).

category B remediation work is a remediation work relating to contaminated land that is not a category A remediation work.

child care centre means a building or place used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990,

(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

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

complementary and compatible use means an activity:

(a) that maintains and, where possible, enhances the amenity of a locality, and

(b) that does not compromise the role of any nearby local retail centre irrespective of locality, and

(c)  that meets any of the following criteria:
(i)  the scale and intensity of the activity are such that it predominantly serves only the needs of residents of the local area,
(ii)  the activity is for the purpose of housing for older people or people with disabilities,
(iii)  the activity is for the purpose of low intensity and low impact temporary accommodation for travellers or students, or both.

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 has the same meaning as it has in Part 7A of the Act.

contaminated land planning guidelines means guidelines under section 145C of the Act.

core koala habitat means an area of land with a resident population of koalas, evidenced by attributes such as breeding females (that is, females with young) and recent sightings and historical records of a population.

Council means the Council of Warringah.

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

development has the meaning given to it in the Act.

development relating to a heritage item means:

(a) demolishing, defacing or damaging the heritage item, or

(b) altering the heritage item by making structural changes to its exterior, or

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

(d) moving the heritage item, or

(e) erecting a building on, or subdividing, land on which the heritage item is located, or

(f) the carrying out of development on land adjacent to the heritage item.

disabled person means a person of any age who, as a result of having a mental, physical or sensory impairment, either permanently or for an extended period, has substantially limited opportunities to enjoy a full and active life.

dwelling means a room or a suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

entertainment facility means a building or place used for the purpose of sport, entertainment, exhibitions, displays or cultural events, and includes:

(a) sports stadiums, showgrounds, racecourses and the like, and

(b) theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.

existing allotment means an allotment which was in existence on the day this plan took effect.

existing building means a building which existed on the day this plan took effect, but does not include a building proposed to be substantially reconstructed.

extractive industry means:

(a) the winning of extractive material, or

(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land.

extractive material means sand, gravel, clay, turf, soil, rock, stone, sandstone or any similar substance.

floor space ratio, in relation to a building, means the ratio of the gross floor area of the building (exclusive of the area of any carport or garage) to the area of the allotment on which the building is or is proposed to be erected.

further education means an educational establishment other than a primary school. It includes a secondary school, teaching college, TAFE establishment, university, and workers’, trade or adult educational and other vocational establishments and the like.

granny flat means a dwelling:

(a) that has self-contained cooking facilities and a gross floor area not exceeding 60 square metres, and

(b) that is part of, and has shared access with, a building which has the appearance of, and contains, a single larger dwelling, and

(c) that does not have a land title separate from that for the rest of the building.

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), excluding:

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

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

(c) carparking needed to meet any requirements of the Council and any internal access to the carparking, and

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

group home means:

(a)  a dwelling:
(i)  used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(ii)  occupied by the persons referred to in subparagraph (i) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required, and
(iii)  containing 5 or less bedrooms and occupied at the same time by no more residents (including resident staff, if any) than is equal to the number of bedrooms in that home multiplied by 2, or

(b)  a dwelling:
(i)  used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(ii)  occupied by the persons referred to in subparagraph (i) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required, and
(iii)  containing 5 or less bedrooms and occupied at the same time by no more residents (including resident staff, if any) than is equal to the number of bedrooms in that home multiplied by 2, and
(iv)  development for the purpose of which is carried out by the Department of Housing or another person jointly with the Department of Housing.

health care professional means a person who provides professional health services to members of the public.

health consulting room means a room, or a number of rooms, within a building used by not more than 3 legally qualified medical practitioners, or by not more than 3 dentists, but does not include a hospital or a medical centre.

heliport means an area or place which is set apart for the taking off and landing of helicopters, whether as a commercial use or otherwise.

heritage conservation area means land shown on the map marked in orange outline and includes buildings, works, relics, trees or places situated on or within that land.

heritage item means a building, work, relic, tree or place identified as a heritage item in the relevant Locality Statement.

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

hire establishment means a building or place used for the hire of vehicles, boats, caravans, equipment, machinery or the like.

home business means the use of a dwelling for the purpose of an office or business, including a bed and breakfast establishment, where:

(a) the use is ancillary to the residential use of the dwelling, and

(b) the use is undertaken by the permanent residents of the dwelling, and

(c) the use does not involve the employment of more than one person in addition to those residents, and

(d) the use does not cause any unacceptable impact on the environment or interference with the amenity of the surrounding area, and

(e) the use does not involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign which has an area of not more than 600cm² and indicates the name and occupation of the resident), and

(f) the use does not involve the selling of any items from the premises,

but does not include use for a brothel.

hospital means a building or place (other than an institution) used for providing professional health care services (such as preventative or rehabilitative care, diagnosis, medical or surgical treatment, care for people with disabilities, psychiatric care or counselling and services provided by health care professionals) to people whether or not they are admitted as in-patients, including any:

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

(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers and whether or not any such use is a commercial use, and includes a building or place that is used exclusively as a day surgery or day procedure centre,

but does not include health consulting rooms or a medical centre.

hostel means residential accommodation housing for older people or people with disabilities 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 premises for the lawful operation of which a hotelier’s licence is required under the Liquor Act 1982.

housing means development involving the creation of one or more dwellings whether or not used as a group home.

housing for older people or people with disabilities means residential accommodation which is or is intended to be used permanently as housing for the accommodation of older people or people with disabilities, whether or not it is also used to accommodate people who live with older people or people with disabilities, or staff who are employed to assist in the administration of and provision of services to such housing. Housing for older people or people with disabilities 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 or a group home.

industry means:

(a) the manufacturing, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, dismantling, transforming, processing or adapting of any goods or articles for commercial gain, or

(b) the storing, handling or displaying of items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place,

but does not include an extractive industry, potentially hazardous industry or potentially offensive industry.

landfill means the filling of land, including submerged aquatic land, by raising the ground level through disposal of spoil from any landfill method (such as mining, dredging or refuse dumping), other than to enable the construction of a road, the erection of lawfully approved buildings, the rehabilitation of beaches, lagoons or estuaries or the construction of a sportsfield.

Landslip Hazard Map means the map marked “Warringah Local Environmental Plan 2000—Hazard Map 2—Landslip”.

locality means a discrete area of land (or water) listed as a locality in an Appendix to this plan and identified on the map.

Locality Statement means a Locality Statement set out in an Appendix to this plan.

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

maintenance dredging means the winning or removal and disposal of extractive material from the bed of a tidal waterway to enable the waterway:

(a) to continue to function as a tidal waterway, or

(b) to resume its function as a tidal waterway.

major putrescible landfill site means a landfill site that is or is intended to be used for the purpose of disposing of putrescible waste, or waste including putrescible waste, brought to the site from more than one local government area and that has a capacity to receive:

(a) more than 75,000 tonnes per year of waste, or

(b) more than 650,000 tonnes of waste over the life of the site,

whether or not it results from the extension of, or addition of land to, a landfill site of less capacity.

Map E means the map marked “Map E” as in force when this plan takes effect.

medical centre means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment, or counselling) to out-patients only, but does not include a health consulting room.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories are also sold or displayed at the building or place.

natural ground level, in relation to a site, means the level of the site as if the land comprising the site were undeveloped.

office means a building or place used for administration, or for clerical, technical, professional or like activities, but does not include a building or place elsewhere defined in this Dictionary.

older people means people aged 55 years or over.

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

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

plan of management means a plan of management prepared and approved in accordance with the Local Government Act 1993, the National Parks and Wildlife Act 1974 or the Crown Lands Act 1989.

pole or pylon sign means an advertisement erected on a pole or pylon that is independent of any building or other structure, but does not include a tenancy board.

potential archaeological site means a site known to the consent authority to have potential archaeological significance even if it is not shown on the map as such.

potential koala habitat means areas of native vegetation where the trees of types listed in Schedule 11 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component.

potentially hazardous industry means an industry which, when in operation without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:

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

(b) to the biophysical environment,

and includes a hazardous industry or a hazardous storage establishment.

potentially offensive industry means an industry which, when in operation without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge (including, in particular, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes a hazardous industry or a hazardous storage establishment.

preliminary investigation, in relation to land, means a preliminary investigation referred to in the contaminated land planning guidelines.

primary school means a building or place used for primary education for children from Kindergarten up to Year 6, as referred to in the Education Act 1990.

public hearing means a public hearing conducted by the Council as referred to in clause 15, but does not include a public hearing referred to in section 68 of the Act.

public open space means land shown as public open space on the map.

recreation facility means a building or place used for indoor or outdoor sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere defined in this Dictionary.

regional waste plan has the same meaning as in the Waste Minimisation and Management Act 1995.

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

relic means:

(a) any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the Warringah local government area, not being Aboriginal habitation, which is 50 or more years old, or

(b) any deposit, object or material evidence (which may consist of human remains) relating to Aboriginal habitation of the Warringah local government area whether before or after its occupation by persons of European extraction.

remediation means:

(a) removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or

(b) eliminating or reducing any hazard arising from the contamination of any land including by preventing the entry of persons or animals on the land,

whether carried out or to be carried out in, over or under the land concerned.

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,

but does not include a dwelling, hospital or psychiatric facility.

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

retail plant nursery means a building or place used for growing plants and selling plants by retail, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold at the building or place.

roadside stall means a building or place where only primary products produced on the property on which the building or place is situated are exposed or offered for sale.

service station means a building or place used for the fuelling of motor vehicles involving 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 and greasing of motor vehicles,

(d) the repairing or servicing of motor vehicles (not involving body building, panel beating or spray painting).

shop means a building or place used for the purpose of display or sale, whether by retail or by auction, of items (whether goods, materials or services), but does not include a building or place elsewhere defined in this Dictionary.

short-term accommodation means the use of land for the temporary accommodation of the travelling public and includes a serviced apartment, a motel, a holiday flat and a backpackers hostel, but does not include a dwelling or a hotel.

sign means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, which is visible from a public place, but does not include a window display.

statement of heritage impact means a document establishing the significance of a heritage item and the impact of proposed development on that significance.

temporary sign means a sign of a temporary nature which:

(a) announces any local event of a religious, educational, cultural, political, social, or recreational character or relates to any temporary matter in connection with such an event, and

(b) does not include advertising of a commercial nature (except for the names of the event’s sponsors), and

(c) is not displayed earlier than 28 days prior to the day on which the event is to take place and is removed within 7 days after the event.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the maps marked “Warringah Local Environmental Plan 2000”, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

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

Warringah Local Environmental Plan 2000 (Amendment No 1)

Warringah Local Environmental Plan 2000 (Amendment No 2)

Warringah Local Environmental Plan 2000 (Amendment No 4)—Sheets 1 and 2

Warringah Local Environmental Plan 2000 (Amendment No 5)

Warringah Local Environmental Plan 2000 (Amendment No 6)

Warringah Local Environmental Plan 2000 (Amendment No 8)—Sheet 1

Warringah Local Environmental Plan 2000 (Amendment No 10)

Warringah Local Environmental Plan 2000 (Amendment No 11)

Warringah Local Environmental Plan 2000 (Amendment No 13)

Warringah Local Environmental Plan 2000 (Amendment No 14)

Warringah Local Environmental Plan 2000 (Amendment No 16), Sheets 1–32

Warringah Local Environmental Plan 2000 (Amendment No 17)

Warringah Local Environmental Plan 2000 (Amendment No 20)

Warringah Local Environmental Plan 2000 (Amendment No 21)—E21 Locality Map

tidal waterway means a channel or passage within a body of water, where the tide ebbs and flows and where there is sufficient width and depth for:

(a) tidal flow, or

(b) travel or transport by a safe navigation route.

Traffic Authority means the Roads and Traffic Authority.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, being repairs involving body building, panel beating or spray painting.

vehicle repair station means a building or place used for the purpose of carrying out repairs to vehicles or the selling and fitting of accessories to vehicles or agricultural machinery.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.

waste management means a building or place used for the management of waste, including the transfer, disposal, recycling and processing of waste.

Dictionary: Am 27.7.2001; 3.8.2001; 5.10.2001; 21.12.2001; 26.4.2002; 29.11.2002; 20.12.2002; 31.1.2003; 10.12.2004; 2005 (561), Sch 1 [50]–[53]; 2005 (588), cl 4; 2005 (877), Sch 1; 2006 (70), Sch 1 [4] [5]; 2006 (585), Sch 1 [1]; 2008 (296), Sch 1 [4]; 2008 (547), Sch 1 [2]; 2009 No 56, Sch 2.74 [5] [6].

Appendix A Cowan Creek Catchment Locality Statements

LOCALITY A1 COTTAGE POINT

DESIRED FUTURE CHARACTER

The Cottage Point locality will remain characterised by detached style housing and a range of existing small-scale water related business and leisure uses within the unique landscape and waterway setting of Ku-ring-gai Chase National Park. The siting, character, height, bulk, and materials of construction of future development will ensure buildings and associated works are integrated into the site and natural surroundings, and have minimum visual impact when viewed from the waterway.

The holiday/fisherman shack character of the waterfront of Cottage Point is to be preserved by the retention of all the waterfront cottages at Cottage Point. This character is to be enhanced and encouraged by the use of forms and building materials sympathetic to the small timber and fibro cottages currently in existence on the waterfront.

The relationship of the locality with the surrounding National Park and the Cowan Creek waterway will be reinforced by enhancing the spread of indigenous tree canopy and protecting and preserving the natural landscape including rock outcrops and remnant bushland. The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Buildings visible from the water are to utilise materials such as weatherboard, fibre cement, corrugated steel and timber. In these cases masonry is discouraged and is to be minimised.

There will be no further subdivision of land within the Cottage Point locality.

LAND USE

Category One

Development for the purpose of the following:

• housing

• clubs (existing)

• hire establishments (existing)

• restaurants (existing)

• shops (existing)

Category Two

Development for the purpose of the following:

• community facilities

• health consulting rooms

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• entertainment facilities

• further education

• hire establishments, unless this Locality Statement provides otherwise

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs, unless this Locality Statement provides otherwise

• restaurants, unless this Locality Statement provides otherwise

• retail plant nurseries

• service stations

• shops, unless this Locality Statement provides otherwise

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within the locality.

Note—

Before granting consent to the following:

• composting facilities or works,

• waste management facilities or works,

• marinas,

• maintenance dredging and extractive operations,

• sewerage systems or works, within this locality,

the Council must consult with the Hawkesbury Nepean Catchment Management Trust in accordance with the relevant Code of Practice for consulting with the Trust.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per allotment.

To measure housing density:

• the allotment is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.

This clause does not apply to those allotments containing items of heritage significance. On these allotments, additional accommodation may be considered towards the existing public road and below the tree line with the objective of preserving the scale and character of existing heritage items.

Building height

Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.

Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Foreshore building setback

A 15 metre building setback from the high water mark applies to all properties adjoining Cowan Creek waterway. Buildings must not be erected within the setback area except:

(a) renovations/extensions to existing buildings,

(b) boatsheds and related structures, and

(c) where strict compliance with the setback would require the removal of additional tree cover or the substantial alteration of the existing landform.

However, development may be carried out within the setback area with respect to items which are identified as being of heritage significance, where the development assists in maintaining the scale and character of such items.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

However, consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

• “Sunrise” Lot 1, DP 22523, 3 Cottage Point Road, Cottage Point

• Foreshore, Lot 10, DP 5204, 20 Cowan Drive, Cottage Point

• Group of cottages on waterfront of “Botany Bay”, extending from mean high water mark to the top of the rock face and cliff behind the cottages. (Part of Lots 3–8, DP 1016840)

LOCALITY A2 BOORALIE ROAD

DESIRED FUTURE CHARACTER

The Booralie Road locality will remain a non-urban area consisting of detached style housing in distinctly non-urban settings and occasionally low intensity, low impact business or community uses that are compatible with the non-urban nature of the locality and predominant scale of existing development.

The impact of new development on views from the adjacent National Park will be minimised by the use of articulated building forms, generous landscaped spaces around buildings and building materials that blend in with the colours and textures of the natural landscape.

Emphasis will be given to protecting and where possible enhancing the natural landscape, including landforms and vegetation. The increased planting of indigenous canopy trees will be strongly encouraged.

LAND USE

Category One

Development for the purpose of the following:

• housing

• agriculture

Category Two

Development for the purpose of the following:

• animal boarding or training establishments

• child care centres

• community facilities

• health consulting rooms

• housing for older people or people with disabilities (on land described in the initial paragraph (b) under the heading “Housing density” below)

• retail plant nurseries

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• bulky goods shops

• business premises

• entertainment facilities

• further education

• heliports

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities (other than on land described in the initial paragraph (b) under the heading “Housing density” below)

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

Note—

Before granting consent to the following:

• composting facilities or works,

• waste management facilities or works,

• marinas,

• maintenance dredging and extractive operations,

• sewerage systems or works,

within this locality, the Council must consult with the Hawkesbury Nepean Catchment Management Trust in accordance with the relevant Code of Practice for consulting with the Trust.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 2 ha of site area, except:

(a) where this standard would prevent an existing allotment accommodating one dwelling, or

(b) on land that adjoins a locality which is used primarily for urban purposes, but only if the development is for the purpose of “housing for older people or people with a disability” and the development complies with the minimum standards set out in clause 29.

However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit or maintaining the planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 20 metres.

The minimum front building setback area is to be landscaped and free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Front building setback for properties with frontage to “The Greenway”

Development is to maintain a minimum front building setback of 10 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

However, consent may be granted to development that will contravene the minimum front setback on allotments constrained by the location and use of existing buildings, or by topography, for the provision of carparking.

Side boundary envelope and side setback for properties with frontage to “The Greenway”

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Screens or sunblinds, light fittings, electricity or gas meters or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

However, consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Rear building setback for properties with frontage to “The Greenway”

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback, the rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback may be encroached by exempt development, swimming pools and outbuildings that, in total, do not exceed 50 per cent of the rear setback areas.

Rear and side building setback

Development is to maintain minimum rear and side building setbacks.

The minimum rear and side building setback is 10 metres.

The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.

Landscaped open space

The minimum area of landscaped open space is 30 per cent of the site area.

To measure an area of landscaped open space:

(a) impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

(b) the water surface of swimming pools and impervious surfaces that occur naturally such as rock outcrops are included in the landscaped open space area, and

(c) landscaped open space must be at ground level, and

(d) the minimum soil depth of land that can be included as landscaped open space is 1 metre.

National Park setback

Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.

COMPLYING DEVELOPMENT

The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with for it to be complying development.

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • constructions of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY A3 TERREY HILLS VILLAGE

DESIRED FUTURE CHARACTER

The Terrey Hills Village will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will continue to be characterised by open front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The relationship of the locality with the nearby bushland and the Ku-ring-gai National Park will be reinforced by enhancing the spread of indigenous tree canopy and protecting and preserving the natural landscape including rock outcrops and remnant bushland. The use of materials that blend with the colours and textures of the natural landscape will be encouraged.

The Tepko Road industrial area (that is, all land with frontage to Tepko Road, including Lot 2 DP 530175 and Lot 4 547022) will remain a small-scale industrial and employment centre incorporating industries, warehouses and ancillary service uses. Future development will retain light industrial and warehousing activity without having adverse impact on adjoining residential land uses and activities. Future development in this area will be designed to complement the landscape setting of the locality, address the streets and soften the visual impact of industrial buildings. Where development in this area adjoins residential land, it is not to reduce the amenity enjoyed by adjoining occupants. In this regard, the built form of the development within the Tepko Road industrial area is to provide a transition to adjacent residential development, including reasonable landscaped setbacks from rear boundaries.

The locality will continue to be served by a local retail centre in the area shown on the map. Future development in this centre will be in accordance with the general principles of development control listed in clause 39 (Local retail centres).

LAND USE

Category One

Development for the purpose of the following, except within the local retail centres and the Tepko Road industrial area:

• housing

Development for the purpose of the following only within the local retail centre shown on the map:

• business premises

• health consulting rooms

• medical centres

• offices

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these uses are Category 3 uses in the remainder of the locality.

Development for the purpose of the following only in the Tepko Road industrial area:

• industries

• warehouses

• housing (where used in conjunction with industries or warehouses)

Note—

With the exception of housing, these uses are Category 3 uses in the remainder of the locality.

Category Two

Development for the purpose of the following except in the Tepko Road industrial area:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries, unless this Locality Statement provides otherwise

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses, unless this Locality Statement provides otherwise

For land outside the local retail centres and the Tepko Road industrial area, also development that is Category 1 within those centres or that area, except development for the purpose of health consulting rooms, housing or housing for older people or people with disabilities.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

Note—

Before granting consent to the following:

• composting facilities or works,

• waste management facilities or works,

• marinas,

• maintenance dredging and extractive operations,

• sewerage systems or works,

within this locality, the Council must consult with the Hawkesbury Nepean Catchment Management Trust in accordance with the relevant Code of Practice for consulting with the Trust.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area. To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site area is the area of an allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per each such allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and

(d) for housing located within the local retail centre.

Building height

Front building setback (other than Tepko Road industrial area)

Development is to maintain a minimum front building setback.

The minimum front setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

However, consent may be granted to development that will contravene the minimum front setback:

• on corner blocks or blocks with double street frontage, the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, for the provision of carparking.

Front building setback for Tepko Road industrial area

Development is to maintain a minimum front building setback of 4.5 metres.

The minimum front building setback area is to be landscaped and generally free of any structures, car parking or site facilities other than driveways.

Rear building setback (other than Tepko Road industrial area)

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Rear building setback for Tepko Road industrial area

Where industrial development adjoins residential land, a minimum rear building setback is required.

The minimum rear building setback is 2 metres for 50 per cent of the length of the building wall and a minimum of 4 metres for the remaining 50 per cent of the building wall.

The rear building setback is to be landscaped and is not to be used for industrial purposes or vehicle access.

To measure the rear building setback, the rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments, the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

However, consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land within the Tepko Road industrial area is 4,000m².

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Industrial uses, being: • a different use resulting from a change of use from one type of approved industrial or warehouse use to another type of industrial or warehouse use. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—D

LOCALITY A4 MYOORA ROAD

DESIRED FUTURE CHARACTER

The Myoora Road locality will provide an environment for low intensity business, community and leisure uses which do not rely on exposure to passing trade for their continued operation. Along Mona Vale Road a dense bushland buffer will be retained or established.

New development or further intensification of existing development will provide safe vehicular access to the satisfaction of the Council and the Roads and Traffic Authority.

Only small, non obtrusive and non illuminated signs that identify the use of a site are to be visible from Mona Vale Road. Signs that are designed of such size, height or visual appearance so as to attract passing trade will not be permitted. All signs are to be in keeping with the colour and textures of the natural landscape.

Articulated building forms, generous landscaped spaces around buildings and building materials that blend with the colours and textures of the natural landscape will be used to minimise the visual impact of development on long distance views of the locality.

LAND USE

Category One

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• further education

• housing

• primary schools

• recreation facilities

• restaurants

• retail plant nurseries

• veterinary hospitals

Category Two

Development for the purpose of the following:

• short term accommodation

• child care centres

• community facilities

• health consulting rooms

• hospitals

• housing for older people or people with disabilities (on land described in the initial paragraph (b) under the heading “Housing density” below)

• places of worship

• registered clubs

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• bulky goods shops

• business premises

• entertainment facilities

• heliports

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• service stations

• shops

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities (other than on land described in the initial paragraph (b) under the heading “Housing density” below)

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

Note—

Before granting consent to the following:

• composting facilities or works,

• waste management facilities or works,

• marinas,

• maintenance dredging and extractive operations,

• sewerage systems or works,

within this locality, the Council must consult with the Hawkesbury Nepean Catchment Management Trust in accordance with the relevant Code of Practice for consulting with the Trust.

Additionally, the Council must consult with the Director-General of National Parks and Wildlife regarding applications for maintenance dredging and extractive operations unless the Director already has a concurrence role in accordance with Part 4 of the Act.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 2 ha of site area, except:

(a) where this standard would prevent an existing allotment accommodating one dwelling, and

(b) on land that adjoins a locality used primarily for urban purposes, where there is no housing density standard if the development is for the purpose of “housing for older people or people with a disability” and the development complies with the minimum standards set out in clause 29.

However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front building setback. The minimum front building setback to Mona Vale Road is 30 metres.

The minimum front building setback to other roads is 20 metres.

The minimum front building setback area is to be densely landscaped using locally occurring species of canopy trees and shrubs. The minimum front building setback area is to be free of any structures, carparking or site facilities other than driveways and letterboxes. Carparking may encroach up to a maximum of 15 metres into the 30 metre setback if it covers no more than 50% of this area and dense screen landscaping is maintained.

Rear and side building setback

Development is to maintain minimum rear and side building setbacks.

The minimum rear and side building setback is 7.5 metres.

The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.

Building site coverage

The maximum building site coverage is 20 per cent of the site area except on allotments of an area of less than 3,500m² where the maximum building site coverage is 30 per cent.

To measure building site coverage:

• the total building footprint/s is expressed as a percentage of the site area.

Landscaped open space

The minimum area of landscaped open space is 70 per cent of the site area except on allotments of an area of less than 3,500m² where the minimum landscaped open space is 50 per cent.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A

LOCALITY A5 McCARRS CREEK ROAD

DESIRED FUTURE CHARACTER

The McCarrs Creek Road locality will remain a non-urban area consisting of detached style housing in distinctly non-urban settings and occasionally business or community uses that are compatible with the non-urban nature of the locality and predominant scale of existing development.

LAND USE

Category One

Development for the purpose of the following:

• housing

• agriculture

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• health consulting rooms

• housing for older people or people with disabilities (on land described in the initial paragraph (b) under the heading “Housing density” below)

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• heliports

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities (other than on land described in the initial paragraph (b) under the heading “Housing density” below)

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within the locality.

Note—

Before granting consent to the following:

• composting facilities or works,

• waste management facilities or works,

• marinas,

• maintenance dredging and extractive operations,

• sewerage systems or works,

within this locality, the Council must consult with the Hawkesbury Nepean Catchment Management Trust in accordance with the relevant Code of Practice for consulting with the Trust.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 2 ha of site area, except:

(a) where this standard would prevent an existing lawfully created allotment accommodating one dwelling, or

(b) on land that adjoins a locality primarily used for urban purposes, where there is no housing density if the development is for the purpose of “housing for older people or people with a disability” and the development complies with the minimum standards set out in clause 29.

However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 20 metres.

The minimum front building setback area is to be landscaped and free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Rear and side building setback

Development is to maintain minimum rear and side building setbacks.

The minimum rear and side building setback is 10 metres.

The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.

Landscaped open space

The minimum area of landscaped open space is 30 per cent of the site area.

To measure an area of landscaped open space:

(a) impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

(b) the water surface of swimming pools and impervious surfaces that occur naturally such as rock outcrops are included in the landscaped open space area, and

(c) landscaped open space must be at ground level, and

(d) the minimum soil depth of land that can be included as landscaped open space is 1 metre.

National Park setback

Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY A6 KU-RING-GAI CHASE NATIONAL PARK

DESIRED FUTURE CHARACTER

The Ku-ring-gai Chase National Park locality comprises that part of the National Park located within Warringah.

LAND USE

Category One

Nil.

Category Two

Uses which are authorised by or under the National Parks and Wildlife Act 1974.

Category Three

Nil.

PROHIBITED

Uses which are not authorised by or under the National Parks and Wildlife Act 1974.

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

• Never Beaten Lime and Cement Works Ruin, Reserve, west bank Deep Creek, Wakehurst Parkway, Belrose

LOCALITY A7 MONA VALE ROAD NORTH

DESIRED FUTURE CHARACTER

The present character of the Mona Vale Road North locality will remain unchanged except in circumstances specifically addressed as follows.

The natural landscape including landforms and vegetation will be protected and, where possible, enhanced. Buildings will be grouped in areas that will result in the minimum amount of disturbance of vegetation and landforms and buildings which are designed to blend with the colours and textures of the natural landscape will be strongly encouraged.

Development will be limited to new detached style housing conforming with the housing density standards set out below and low intensity low impact uses.

LAND USE

Category One

Nil.

Category Two

Development for the purpose of the following:

• agriculture

• housing

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• community facilities

• entertainment facilities

• further education

• health consulting rooms

• heliports

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 20 ha of site area, except where this standard would prevent the erection of one dwelling on an existing parcel of land, being all adjacent or adjoining land held in the same ownership on 8 March 1974 and having a combined area of not less than 2 ha.

However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front building setback. The minimum front building setback from Forest Way is 20 metres. Otherwise, the minimum front building setback is 10 metres.

The minimum front building setback area is to be landscaped and free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

Appendix B Narrabeen Lagoon Catchment Locality Statements

LOCALITY B1 FRENCHS FOREST EAST

DESIRED FUTURE CHARACTER

The Frenchs Forest East locality will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Development on hillsides or in the vicinity of ridgetops must integrate with the natural landscape and topography.

The locality will continue to be served by the existing local retail centres in the areas shown on the map. Future development in these centres will be in accordance with the general principles of development control listed in clause 39 (Local retail centres).

LAND USE

Category One

Development for the purpose of the following except within local retail centres:

• housing

Development for the purpose of the following only within the local retail centre shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these uses are Category 3 uses in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

For land outside the local retail centres, also development that is Category 1 within those centres, except development for the purpose of health consulting rooms, housing or housing for older people or people with disabilities.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site area is the area of an allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per each such allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and

(d) for housing located within a local retail centre.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

However, consent may be granted to development that will contravene the minimum front setback:

• on corner blocks or blocks with double street frontage, the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• 15 Adams Street, Frenchs Forest

• Betty Maloney Garden, 18 Hurdis Avenue, Frenchs Forest

LOCALITY B2 OXFORD FALLS VALLEY

DESIRED FUTURE CHARACTER

The present character of the Oxford Falls Valley locality will remain unchanged except in circumstances specifically addressed as follows.

Future development will be limited to new detached style housing conforming with the housing density standards set out below and low intensity, low impact uses. There will be no new development on ridgetops or in places that will disrupt the skyline when viewed from Narrabeen Lagoon and the Wakehurst Parkway.

The natural landscape including landforms and vegetation will be protected and, where possible, enhanced. Buildings will be located and grouped in areas that will minimise disturbance of vegetation and landforms whether as a result of the buildings themselves or the associated works including access roads and services. Buildings which are designed to blend with the colours and textures of the natural landscape will be strongly encouraged.

A dense bushland buffer will be retained or established along Forest Way and Wakehurst Parkway. Fencing is not to detract from the landscaped vista of the streetscape.

Development in the locality will not create siltation or pollution of Narrabeen Lagoon and its catchment and will ensure that ecological values of natural watercourses are maintained.

LAND USE

Category One

Nil.

Category Two

Development for the purpose of the following:

• agriculture

• housing

• housing for older people or people with disabilities (on land described in paragraph (c) under the heading “Housing density” below)

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• community facilities

• entertainment facilities

• further education

• health consulting rooms

• heliports

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities (other than on land described in paragraph (c) under the heading “Housing density” below)

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 20 ha of site area, except:

(a) where this standard would prevent the erection of one dwelling on an existing parcel of land, being all adjacent or adjoining land held in the same ownership on 8 March 1974 and having a combined area of not less than 2 ha, and

(b) on Portions 199, 200, 985, 986, 1001, 1002, 1003, 1004, 1011, 1012, 1018 and 1019 Parish of Manly Cove and Lot 33 DP 870625 Pinduro Place, Cromer, where one dwelling may be erected provided the land exceeds 4,000m² in area and was lawfully created prior to 13 August 1982, or was otherwise lawfully created, and

(c) on land that adjoins a locality primarily used for urban purposes and on which a dwelling house is permissible, where there is no maximum housing density if the development is for the purpose of “housing for older people or people with a disability” and the development complies with the minimum standards set out in clause 29.

However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback to all roads is 20 metres. On corner allotments fronting Forest Way or Wakehurst Parkway the minimum front building setback is to apply to those roads and the side setback is to apply to the secondary road.

The minimum front building setback area is to be densely landscaped using locally occurring species of canopy trees and shrubs and be free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Rear and side building setback

Development is to maintain minimum rear and side building setbacks.

The minimum rear and side building setback is 10 metres.

The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.

Landscaped open space

The minimum area of landscaped open space is 30 per cent of the site area.

To measure an area of landscaped open space:

(a) impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

(b) the water surface of swimming pools and impervious surfaces that occur naturally such as rock outcrops are included in the landscaped open space area, and

(c) landscaped open space must be at ground level, and

(d) the minimum soil depth of land that can be included as landscaped open space is 1 metre.

National Park setback

Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

• Oxford Falls Public School, Dreadnought Road, Oxford Falls

CONSERVATION AREAS

• Land adjacent to Wakehurst Parkway as shown on the map

LOCALITY B3 OXFORD HEIGHTS/CARNARVON DRIVE

DESIRED FUTURE CHARACTER

The Oxford Heights/Carnarvon Drive locality will be characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks. The relationship of the locality with the surrounding bushland will be reinforced by protecting and enhancing the spread of indigenous tree canopy and preserving the natural landscape, including rock outcrops, remnant bushland and natural watercourses. The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Development on hillsides or in the vicinity of ridgetops must integrate with the natural landscape and topography. Future development will not dominate long distance views of the locality. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, and

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The street setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes or fences.

Consent may be granted for development to be carried out within the minimum front setback area:

• on corner blocks or blocks with double street frontage, where the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings, or by the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres. The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments, the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

However, consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY B4 NARRABEEN VILLAGE

DESIRED FUTURE CHARACTER

The Narrabeen Village will retain its retail character incorporating a mix of small retail and business uses with shop-top housing. A range of retailing and after-hours activities at street level will reinforce the character of the centre.

Future development will maintain the continuity of existing streetscapes by ensuring building facades are broken into distinct vertical segments reflecting the traditional pattern of shopfront development. The design and treatment of buildings will also reflect the exposed nature of the locality and create a pedestrian environment which is safe, comfortable and interesting.

The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Buildings will incorporate street level retailing, cafes and restaurants beneath continuous footpath awnings. The ground floor of buildings will be predominantly used for business purposes while, if the first floor is used for housing, the building will be designed to enable the first floor to be adapted for business use in the future.

Buildings greater than 2 storeys in height are to be designed so that the massing is substantially reduced on the top floors thereby reducing the visual bulk of the development.

Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of development in the village should provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly above the ground floor level. Development adjacent to Narrabeen Lake is to address the Lake and associated parkland.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• health consulting rooms

• housing (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• entertainment facilities

• hotels

• housing for older people or people with disabilities

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• hospitals

• industries

• motor showrooms

• places of worship

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback. The ground floor of buildings must be aligned on the street frontage. The minimum front building setback to any storey higher than the second storey is 5 metres.

Attached elements such as pergolas, sun control awnings and balcony balustrades which are composed of substantially transparent structures may encroach within the minimum front building setback area.

Setback to Narrabeen Lake

The minimum setback to any boundary adjoining Narrabeen Lake is 15 metres.

Adaptable buildings

Where the first floor of a building is proposed to be used for housing it will be provided with a separate access to any subsequent floor to facilitate the adaptation of the first floor for business use.

Footpath awnings

Continuous footpath awnings must be incorporated into the design of buildings.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Shops and Residences, 59–69 Waterloo Street, Narrabeen

The following heritage items of regional heritage significance are within this locality:

• Bus Shelter (former tram shelter), Pittwater Road, Narrabeen

LOCALITY B5 NARRABEEN LAKESIDE

DESIRED FUTURE CHARACTER

The Narrabeen Lakeside locality will remain characterised by detached style housing and apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses. The development of further apartment style housing within the locality will be confined to the “medium density areas” shown on the map.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality except in the areas marked as “medium density areas” on the map. In these medium density areas the scale of development is to relate to existing apartment style housing in the area. The streets are to be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The spread of indigenous tree canopy will be enhanced where possible and the natural landscape, such as rock outcrops, remnant bushland and natural watercourses will be preserved. The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Development on hillsides, or in the vicinity of ridgetops, must integrate with the natural landscape and topography.

New development along the edge of Narrabeen Lake will be of a low scale with generous spaces between buildings to enhance the open character of the area and avoid dominating the parkland areas adjacent to Narrabeen Lake.

LAND USE

Category One

Development for the purpose of the following except within local retail centres:

• housing

Development for the purpose of the following only within the local retail centre shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these uses are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• retail plant nurseries

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

For land outside local retail centres, also development that is Category 1 within those centres, except development for the purpose of health consulting rooms, housing or housing for older people or people with disabilities.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29,

(d) within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the remaining built form controls, and

(e) for housing located within a local retail centre.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the areas shown as “medium density areas” on the map, buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback. The minimum front setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front setback area:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The minimum setback from boundaries adjoining Narrabeen Lake is 15 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street or boundary which adjoins Narrabeen Lake up to any structure on the allotment.

The rear building setback does not apply to corner allotments other than those which adjoin Narrabeen Lake.

Outside the medium density areas the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area, except on allotments which adjoin Narrabeen Lake, or

• exempt development only on those allotments.

Within medium density areas, above and below ground structures and private open space (including basement carparking, balconies, terraces and the like) must not encroach the rear boundary setback, except:

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope, and

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development outside medium density areas that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Within medium density areas, above and below ground structures and private open space, including basement carparking, vehicle access ramps, balconies, terraces and the like, shall not encroach beyond the side boundary envelope or side setback, except:

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

• “Lemville”, 14 Goodwin Street, Narrabeen

• “SS Collaroy” Memorial, 1299 Pittwater Road, Narrabeen

• School Administration Building, 1299 Pittwater Road, Narrabeen

• Main School Building, 1299 Pittwater Road, Narrabeen

• Sandstone Memorial, 1299 Pittwater Road, Narrabeen

LOCALITY B6 WAR VETERANS

DESIRED FUTURE CHARACTER

The War Veterans locality will continue to provide housing for older people and associated uses to meet the needs of residents within the locality.

Future development will respond to the prominence of this locality by keeping buildings below the predominant tree-line when viewed from the Narrabeen Lake viewing catchment. Articulated building forms, landscaping and colours will combine to break up apparent building mass and reduce the impact of new development on long distance views of the locality. The redevelopment of existing buildings so that their visual presence in the Narrabeen Lake viewing catchment are reduced will be strongly encouraged.

The scale and height of development along Veterans Parade and Lantana Avenue will be consistent with the adjacent established residential development and buildings are to address the street.

New buildings will be grouped in areas that will minimise disturbance of vegetation and landforms. Bushfire hazard reduction measures and stormwater detention required as a result of development will be confined to the locality.

Visually and ecologically significant vegetation species and communities and significant natural landforms will be preserved in their natural state. There will be no development within areas within the locality shown cross-hatched on the maps, except for pathways and other passive recreation purposes and the existing approved vehicular access.

LAND USE

Category One

Development for the purpose of the following:

• housing

• housing for older people or people with disabilities

Category Two

Development for the purpose of the following:

• hospitals

• other building, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• community facilities

• entertainment facilities

• further education

• health consulting rooms

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

On land shown cross-hatched on the map, any development other than for the purpose of bushfire hazard reduction.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality

BUILT FORM

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area not shown cross-hatched on the map.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

• ANZAC War Memorial, Veterans Parade, Collaroy

• “Legacy Park”, Veterans Parade, Collaroy

• Ruins of Wheeler Homestead, War Veterans’ Home land, Wheeler Heights

LOCALITY B7 NARRABEEN LAKE SUBURBS

DESIRED FUTURE CHARACTER

The Narrabeen Lake Suburbs will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses which are compatible with the residential nature of the locality. The land occupied by the Cromer Golf Club will continue to be used only as a recreation facility.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

LAND USE

Category One

Development for the purpose of the following except within local retail centres shown on the map:

• housing (except at the existing golf course)

• recreation facilities (at the existing golf course)

The following uses only within the local retail centres:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, this development is Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places and land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

For land outside local retail centres, also land that is Category 1 within those centres, except development for the purpose of health consulting rooms, housing or housing for older people or people with disabilities.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and

(d) for housing located within a local retail centre.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front setback area:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area except on land equal to or greater than 3,000m² in area, where a 50 per cent minimum shall apply.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A of the following table identifies complying development in this locality. Development must comply with the requirements described in Column B to be complying development.

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops being: • different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

James Wheeler Grave, 1 James Wheeler Place, Wheeler Heights

CONSERVATION AREAS

Governor Phillip Lookout, as shown on the map

LOCALITY B8 RED HILL

DESIRED FUTURE CHARACTER

The Red Hill locality will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will relate to the existing topography and be visually unobtrusive when viewed from afar. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

Development is to integrate with the remaining indigenous tree canopy and remnants of the natural landscape such as rock outcrops. New development is to provide for landscaping to soften the impact of the built form.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, and

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29.

Building height

Front building setback

Development is to maintain a minimum front building setback. The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front setback area:

• on corner blocks or blocks with double street frontage, the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

However, consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area except on land equal to or greater than 3,000m² in area, where a 50 per cent minimum shall apply.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY B9 MONA VALE ROAD EAST

DESIRED FUTURE CHARACTER

The present character of the Mona Vale Road East locality will remain unchanged except in circumstances specifically addressed as follows.

Development will be limited to new detached style housing conforming with the housing density standards set out below and low intensity, low impact uses.

A dense bushland buffer will be retained or established along Mona Vale Road.

Development in the locality will not create siltation or pollution of Narrabeen Lagoon and its catchment and will ensure that ecological values of natural watercourses are maintained.

LAND USE

Category One

Nil.

Category Two

Development for the purpose of the following:

• agriculture

• community facilities

• housing

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• entertainment facilities

• further education

• health consulting rooms

• heliports

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front building setback. The minimum front building setback from Mona Vale Road or Forest Way is 20 metres.

Otherwise, the minimum front building setback is 10 metres.

Rear and side building setback

Development is to maintain minimum rear and side building setbacks.

The minimum rear and side building setback is 10 metres.

The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.

Bushland setting

A minimum of 50 per cent of the site area is to be kept as natural bushland or landscaped with local species.

National Park setback

Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY B10 NARRABEEN LAKE

DESIRED FUTURE CHARACTER

The Narrabeen Lake locality will be preserved in its natural state surrounded by areas of open space which complement the lake. Maintenance dredging and minor low intensity structures, such as viewing and fishing platforms constructed of sensitive materials and colours, may occur within the locality. In addition, the foreshore areas comprising community land within the locality, may be developed only in a manner that is consistent with the relevant community land plan of management.

Apart from the development described above, development will not occur within this locality.

LAND USE

Category One

Nil.

Category Two

Development that is consistent with an adopted plan of management applying to the land.

Category Three

Nil.

PROHIBITED DEVELOPMENT

Development that is not consistent with an adopted plan of management applying to the land.

LOCALITY B11 FOREST WAY VILLAGE

DESIRED FUTURE CHARACTER

The Forest Way Village locality will be characterised by medium density development of villa homes, town houses and small lot subdivision. Development within this locality is to be assessed with regard to a masterplan. Residential development will be interspersed by a range of complementary and compatible uses.

Future development will address public streets and spaces, create visual interest and will be situated in landscaped settings. Development, including its scale, form and appearance is to be designed to integrate with the landscape and topography and minimise its visual impact. The spread of indigenous tree canopy will be enhanced and natural features and remnant bushland will be preserved where possible and integrated with the development. Fencing adjacent to Forest Way is not to detract from the landscaped vista of the streetscape.

Development in the locality will not create siltation or pollution of Narrabeen Lagoon.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• canal estate development

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 315 m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site area does not include the transmission easement and the required embellished open space, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, or

(b) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, or

(c) for housing located within a local retail centre.

Building height

Front building setback

On Forest Way, development is to maintain a minimum front setback of 10 metres south of Dawes Road and 15 metres north of Perentie Road. The front setback from all other roads is to be 6.5 metres. The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner allotments provided the development is compatible with development in the vicinity, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

Development will provide a setback of 4.5 metres to all boundaries.

Notwithstanding any other standard, development is to be set back to accommodate bushfire hazard reduction adjacent to bushland.

Landscaped open space

The minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

Parking design

Car parking for future development is to be provided for individual units at ground level.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY B12 PERENTIE AND DAWES ROADS

DESIRED FUTURE CHARACTER

The Perentie and Dawes Roads locality will be characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses. Development within this locality is to be assessed with regard to a masterplan.

Future development in the locality will maintain a visual pattern and predominant scale of two storey detached houses. The streets will be characterised by landscaped front gardens and consistent front building setbacks. The retention of existing landscaping is encouraged. The relationship of the locality to the surrounding bushland will be reinforced by protecting and enhancing the spread of indigenous tree canopy and preserving the natural landscape, including rock outcrops, remnant bushland and natural watercourses. The use of materials that blend with the colours and textures of the natural landscape will be encouraged.

Development on hillsides or in the vicinity of ridgetops must integrate with the natural landscape and topography.

Development in the locality will not create siltation or pollution of Narrabeen Lagoon.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 740m² of site area. The maximum housing density for constrained land to the north, as identified on the masterplan, is 1 dwelling per 1,050m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site area does not include the transmission easement, required embellished open space, bushland to be retained on Portions 974 and 975 in the Parish of Manly Cove, and the fire reduction zone and perimeter road proposed to be located outside bushland area on Portion 975 in the Parish of Manly Cove, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, or

(b) for housing located within a local retail centre.

Building height

Front building setback

Development is to maintain a minimum front building setback of 6.5 metres. The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage, the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres. The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

However, consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Notwithstanding any other standard, development is to be set back to accommodate bushfire hazard reduction adjacent to bushland.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

Appendix C Middle Harbour Suburbs Locality Statements

LOCALITY C1 MIDDLE HARBOUR SUBURBS

DESIRED FUTURE CHARACTER

The Middle Harbour Suburbs locality will remain characterised by detached-style housing in landscaped settings interspersed by a range of complementary and compatible uses. The land adjacent to Middle Harbour and occupied by the Mosman Rowing Club will be retained for low-scale recreational use sympathetic to its natural setting. The land occupied by the Killarney Heights Tennis Centre at Lot 841 DP 210006 and land occupied by the Killarney Heights Swim Centre at Lot 854 DP 210006 on Tralee Avenue and the land occupied by Belrose Bowling Club at Lot 2 DP 851739 on Forest Way, will continue to be used only as recreation facilities.

The south-west section of the Killarney Heights High School grounds contains bushland and rock outcrops: this area may be developed for housing. Development in this section will recognise the bushland outlook, views and privacy enjoyed from residences adjoining the northern and western boundaries of the site and ensure development reasonably maintains these qualities. The retention of existing landscaping is encouraged, where practical.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The relationship of the locality to the surrounding bushland will be reinforced by protecting and enhancing the spread of indigenous tree canopy and preserving the natural landscape, including rock outcrops, remnant bushland and natural watercourses. The use of materials that blend with the colours and textures of the natural landscape will be encouraged.

Development on hillsides or in the vicinity of ridgetops must integrate with the natural landscape and topography. Development on land which adjoins Middle Harbour shall have regard to the principles contained in Schedule 14.

Future development of the environmentally sensitive land shown cross-hatched on the map will be limited to one dwelling per allotment. Such dwelling will be constructed having regard to the constraints, potential instability, visual sensitivity and impact on the water quality of Middle Harbour.

LAND USE

Category One

Development for the purpose of the following, except within the local retail centres shown on the map:

• housing (except at Lots 841 and 854, DP 210006, Killarney Heights Tennis Centre and Swim Centre and the Mosman Rowing Club and Lot 2 DP 851739, Belrose Bowling Club)

• recreation facilities (Lots 841 and 854, DP 210006, Killarney Heights Tennis Centre and Swim Centre and the Mosman Rowing Club and Lot 2 DP 851739, Belrose Bowling Club)

Development for the purpose of the following only within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, this development is Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities, unless this Locality Statement provides otherwise

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

On land shown cross-hatched on the map, any development other than for the purpose of bushfire hazard reduction.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, or

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, or

(d) for housing located within a local retail centre.

Building height

Buildings within the south-west corner of the Killarney Heights High School grounds where they adjoin existing development off Greystones Road must not exceed 1 storey or 5 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

Note—

A covenant will limit the above control to one storey.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below, and

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above, and

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be given for development to be carried out within the minimum front setback area:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area except on land equal to or greater than 3,000m² in area, where a 50 per cent minimum shall apply.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

Landscaping

Within the south-west section of the Killarney Heights High School grounds, landscaping will consist of species that potentially provide food trees for the Glossy Black-cockatoo (Calyptorhynchus lathami), in particular, the planting or retention of She-oaks in this section (Allocasuarina spp and Casuarina spp) is encouraged.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

• Trees—Davidson High School site, Pound Avenue, Davidson

• Former “Holland’s Orchard” trees adjacent to Warringah Road, Frenchs Forest

• 45 Grace Avenue, Frenchs Forest

• Former Methodist Church, Forest Way (cnr Naree Road), Frenchs Forest

• 2 Wareham Crescent, Frenchs Forest

• Killarney Heights Village Centre

CONSERVATION AREAS

• Forestville Park, Forestville, as shown on the map

LOCALITY C2 GLEN STREET VILLAGE

DESIRED FUTURE CHARACTER

The Glen Street Village will provide a retail and community focus for the surrounding locality incorporating a mix of business, community, leisure uses and shop top housing.

Future development in the locality will reflect the development of the surrounding areas and improve pedestrian links to surrounding public spaces.

Development at the edge of the village and adjacent to residential land will not reduce the amenity enjoyed by the adjoining occupants. In this regard development will provide a reasonable side and rear setback from adjoining residential land, particularly above ground floor level.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• entertainment facilities

• hotel

• recreation facilities

• retail plant nurseries

• service stations

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• hospitals

• industries

• motor showrooms

• places of worship

• primary schools

• registered clubs

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

The maximum height of buildings is 8.5 metres.

To measure the height of a building:

• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY C3 FORESTVILLE VILLAGE

DESIRED FUTURE CHARACTER

The Forestville Village will be developed as a lively neighbourhood centre incorporating a mix of retail, commercial, housing and community uses.

The pedestrian mall will continue to be the focus of retail activity. As indicated in Diagram C3.1, available at the office of the Council, future retail development will address the mall and its entrances and pedestrian access to retail facilities will be obtained from these places.

A new or upgraded supermarket will be incorporated in the Village. While the new supermarket may be larger than the existing supermarket, it will not dominate the Village. Generally, it will be consistent with other small to medium sized contemporary supermarkets. Pedestrian access to the new supermarket and any associated specialty shops will be obtained directly from the mall.

The established pattern of small shop front development will be maintained and reinforced on the mall by ensuring building facades are broken into distinct vertical segments. The open and sunny feel of the mall will also be protected by ensuring buildings greater than 2 storeys in height are set back appropriately and the safety of the mall will be enhanced by the development of shop-top housing.

Future development between the mall and Warringah Road will generally comprise housing and community uses with compatible small scale offices. Vehicle access from Warringah Road will be replaced with new access from Starkey and Darley Streets. A new pedestrian access will be established between the mall and a bus stop along Warringah Road as shown on Diagram C3.1, with development addressing this walkway.

New development in the locality will be compatible with the character of existing development in the surrounding area incorporating pitched roofs and face brick construction.

Site amalgamation will be encouraged to facilitate development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• housing (not on ground floor along the mall)

• housing for older people or people with disabilities (not on ground floor along the mall)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• further education

• health consulting rooms

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• places of worship

• primary schools

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 12 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below, and

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment), and

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Minimum floor to ceiling height

The minimum floor to ceiling heights are 2.7 metres and are measured by the vertical distance between the floor and its ceiling above.

Front building setbacks

The ground floor and first floor of buildings along the Shopfront Activity areas shown on Diagram C3.1 must be aligned to the street and mall frontage where practical, with the second floor being set back at least 5 metres from the property boundary.

Outside the Shopfront Activity areas shown in Diagram C3.1, buildings must be set back at least 10 metres from Warringah Road and 4 metres from Starkey and Darley Streets.

Landscaped open space

For development outside the mall, the minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

Footpath awnings

Continuous footpath awnings must be provided along the mall.

Pedestrian links

Where Diagram C3.1 indicates a pedestrian link such a link is to be provided (or maintained) in any future development.

Shopfronts

The pattern of small shop frontages along the mall is to be retained. Building form in the areas shown as Shopfront Activity on Diagram C3.1 will be broken into segments generally not exceeding 6.5 metres in length.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY C4 GARIGAL NATIONAL PARK

DESIRED FUTURE CHARACTER

The Garigal National Park locality comprises that part of that National Park located within Warringah.

LAND USE

Category One

Nil.

Category Two

Development authorised by or under the National Parks and Wildlife Act 1974.

Category Three

Nil.

PROHIBITED

Development not authorised by or under the National Parks and Wildlife Act 1974.

HERITAGE ITEMS

The following items of local heritage significance are within this locality:

• “Soldiers Rock” landing place, Foreshore near Downpatrick Road, Killarney Heights

LOCALITY C5 FORESTWAY SHOPS

DESIRED FUTURE CHARACTER

The Forestway Shops will continue to provide a range of retail, business, community and leisure uses serving the needs of the surrounding district. Expansion of or alterations to the existing approved buildings is or are to be assessed with regard to a masterplan for the site.

Note—

The masterplan will address issues such as the relationship of the development with the adjoining residential living area, pedestrian and vehicular circulation and access.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• service stations

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• entertainment facilities

• recreation facilities

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• hospitals

• hotels

• industries

• motor showrooms

• places of worship

• primary schools

• registered clubs

• retail plant nurseries

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 12 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY C6 COOK STREET

DESIRED FUTURE CHARACTER

The Cook Street locality will remain a small industrial and employment area incorporating light industries, warehouses and ancillary service uses.

New development or significant redevelopment will be designed to include an appropriate level of landscaping to soften the visual impact of industrial buildings and other paved areas as viewed from the street.

Buildings will be sited and designed and the use of land managed to minimise interference with the amenity of neighbouring residential areas.

LAND USE

Category One

Development for the purpose of the following:

• industries

• warehouses

Category Two

Development for the purpose of the following:

• child care centres

• hire establishments

• housing (where used in conjunction with industries or warehouses)

• offices (when ancillary to industries or warehouses)

• restaurants

• service stations

• vehicle body repair workshops

• shops (which sell equipment, machinery or materials used by an industry or trade, and include builders’ supply and hardware establishments, or which sell goods manufactured on the same land as they are sold)

• vehicle repair stations

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• community facilities

• entertainment facilities

• further education

• health consulting rooms

• hospitals

• hotels

• housing, unless this Locality Statement provides otherwise

• medical centres

• motor showrooms

• offices, unless this Locality Statement provides otherwise

• places of worship

• primary schools

• recreation facilities

• registered clubs

• retail plant nurseries

• shops, unless this Locality Statement provides otherwise

• short term accommodation

• veterinary hospitals

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 2 storeys nor 9 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m².

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C

LOCALITY C7 BARE CREEK

DESIRED FUTURE CHARACTER

The Bare Creek locality will be characterised by undeveloped native bushland on the north-eastern side of the locality and a waste facility and landfill site. Over time the landfill site will be phased out and the area rehabilitated. The waste facility including waste transfer, recycling and processing operations will continue to operate. The rehabilitated landfill site will eventually accommodate recreational uses in accordance with a plan of management for the locality.

Future development will be integrated with the landscape and topography of the locality and be visually unobtrusive. The use of materials that blend with the natural colours and textures of the natural landscape will be encouraged. The relationship of the locality with the surrounding bushland will be reinforced by incorporating locally occurring plant species in future development.

The bushland on the north-eastern side of the locality, shown cross-hatched on the map, will be preserved in its natural state.

LAND USE

Category One

Development for the purpose of the following:

• recreation facilities

• waste management

Category Two

Development for the purpose of the following:

• community facilities

• entertainment facilities

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• further education

• health consulting rooms

• heliports

• hire establishments

• hospitals

• hotels

• housing

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

On land shown cross-hatched on the map, any development other than for the purpose of bushfire hazard reduction.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

The maximum height of buildings is 11 metres.

To measure the height of a building the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below.

Extractive industry

Consent must not be granted for development which may be adversely affected by noise, dust, vibration or reduced visual amenity because of operation cf the quarry in the vicinity of Warringah Gravel and Stone Supplies or which may hinder or prevent the quarry from realising its full economic potential.

Consent must not be granted for a subdivision of land within 50 metres of an access road to the quarry which will allow the erection of a dwelling.

LOCALITY C8 BELROSE NORTH

DESIRED FUTURE CHARACTER

The present character of the Belrose North locality will remain unchanged except in circumstances specifically addressed as follows.

Development will be limited to new detached style housing conforming with the housing density standards set out below and low intensity, low impact uses.

A dense bushland buffer will be retained or established along Forest Way. Fencing is not to detract from the landscaped vista of the streetscape.

Development in the locality will not create siltation or pollution of Middle Harbour.

LAND USE

Category One

Development for the purpose of extractive industries (on land covered by Licence Number 64/193 Metropolitan, Belrose—Warringah Gravel and Stone Supplies).

Category Two

Development for the purpose of the following:

• agriculture

• housing

• housing for older people or people with disabilities (on land described in initial paragraph (b) under the heading “Housing density” below)

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• community facilities

• entertainment facilities

• extractive industries, unless this Locality Statement provides otherwise

• further education

• health consulting rooms

• heliports

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• housing for older people or people with disabilities (other than on land described in initial paragraph (b) under the heading “Housing density” below)

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 20 ha of site area, except:

(a) where this standard would prevent the erection of one dwelling on an existing parcel of land, being all adjacent or adjoining land held in the same ownership on 8 March 1974 and having a combined area of not less than 2 ha, and

(b) on land that adjoins a locality primarily used for urban purposes and on which a dwelling house is permissible, where there is no maximum housing density if the development is for the purpose of “housing for older people or people with a disability”, and the development complies with the minimum standards set out in clause 29.

However, consent may be granted for development that will contravene these housing density standards but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

The minimum front building setback to all roads is 20 metres. On corner allotments fronting Forest Way the minimum front building setback is to apply to this road and the side setback is to apply to the secondary road.

Extractive industry

In this provision, the quarry means the quarry operated by Warringah Gravel and Stone Supplies at the appointed day.

•  Consent is not to be granted for extractive industry at the quarry unless the consent authority:
(a)  has considered the effect of the proposed development on flood behaviour, the water quality and the quantity and hydrodynamics of Bare Creek or underground waters, and
(b)  has considered a rehabilitation plan for the site, and
(c)  is satisfied that rehabilitation measures will be carried out in accordance with the guidelines in the Managing Urban Stormwater, Soils and Contamination Handbook (1998) prepared by the Department of Housing, and
(d)  is satisfied that, while development is being carried out, noise and vibration levels will be in accordance with the Environment Protection Authority’s guidelines.

• The consent authority will consult with the Director-General of the Department of Mineral Resources when considering an application for extractive industry. The consent authority will also consider the recommendations for future extraction outlined in the “Extractive Industry Report” in considering such an application.

• New development will not be permitted in the vicinity of the quarry which may be adversely affected by noise, dust, vibration or reduced visual amenity because of the operation of the quarry or which may hinder or prevent the quarry from realising its full economic potential.

• Subdivision of land within 50 metres of an access road to the quarry which will allow the erection of a dwelling will not be permitted.

• Consent must not be granted to allow the quarry to be used for the disposal of waste brought from other land. Consent must not be granted for extractive industry at the quarry unless the consent authority is satisfied that the extraction will be carried out in such a way as maximises the quality of the material and minimises the creation of waste.

Rear and side building setback

Development is to maintain minimum rear and side building setbacks.

The minimum rear and side building setback is 10 metres.

The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.

Bushland setting

A minimum of 50 per cent of the site area is to be kept as natural bushland or landscaped with local species.

National Park setback

Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY C9 AUSTLINK BUSINESS PARK

DESIRED FUTURE CHARACTER

The Austlink Business Park will integrate modern forms of industry, manufacturing, research, warehouses, offices and related services with the natural qualities of the locality and the adjacent National Park.

Articulated building forms, generous landscaped spaces around buildings and building materials that blend in with the colours and textures of the natural landscape will be used to minimise the visual impact of development on long distance views of the locality.

Areas within the locality shown cross-hatched on the map may only be developed if it is clearly demonstrated that the topography of the land is suitable for development and any Aboriginal relics found on the site may be preserved in their natural state.

There will be no vehicle access to properties directly from Mona Vale Road or Forest Way.

LAND USE

Category One

Development for the purpose of the following:

• bulky goods shops

• child care centres

• industries

• offices

• recreation facilities

• warehouses

Category Two

Development for the purpose of the following:

• business premises (with a gross floor area not exceeding 2,500m²)

• community facilities

• hospitals

• hotels (only where they incorporate conference centres)

• restaurants

• service stations

• shops (with a gross floor area not exceeding 2,500m²)

• short term accommodation (only where it incorporates conference centres)

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• business premises, unless this Locality Statement provides otherwise

• entertainment facilities

• further education

• health consulting rooms

• heliports

• hire establishments

• hotels, unless this Locality Statement provides otherwise

• housing

• medical centres

• motor showrooms

• places of worship

• primary schools

• registered clubs

• retail plant nurseries

• shops, unless this Locality Statement provides otherwise

• short term accommodation, unless this Locality Statement provides otherwise

• vehicle repair stations

• veterinary hospitals

On the land shown cross-hatched on the map, any development other than for the purpose of bushfire hazard reduction.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

The maximum height of buildings is 11 metres.

To measure the height of a building:

• the maximum height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below.

Minimum front building setback to Mona Vale Road and Forest Way

Development is to maintain a minimum front building setback. Buildings must be setback at least 30 metres from any property boundaries adjoining Mona Vale Road or Forest Way.

The first 15 metres from these road boundaries is to be densely landscaped using indigenous species of canopy trees and shrubs.

Between the 15 metre landscaped buffer and the 30 metre building setback, ground level carparking will be allowed provided it is screened from view from Mona Vale Road and Forest Way.

No signs are to be erected within the 30 metre minimum front building setback area.

Minimum front building setback to other roads

A primary setback of 6.5 metres with a secondary setback of 10 metres is to be established to roads other than Mona Vale Road and Forest Way.

No buildings are to be erected between the front property boundary and the primary building setback.

Buildings and structures (such as carparks) are not to occupy more than 50 per cent of the area between the primary and secondary setbacks.

The area between the primary setback and road boundary is to be used solely for landscaping and driveways.

Side boundary building setback

Development is to maintain a minimum side boundary building setback.

The minimum setback from a building to a side boundary within an allotment less than one hectare in area is 5 metres.

The minimum setback from a building to a side boundary within an allotment greater than one hectare in area is 10 metres.

Landscaped open space

The minimum area of landscaped open space is one-third of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

Site coverage

Buildings must not cover more than one-third of the site area.

Floor space ratio

The maximum floor space ratio for buildings is 1:1. The floor space ratio is the ratio of floor space of the building (excluding driveways, carparking areas etc) to the total area of the site.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m².

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C

LOCALITY C10 MONA VALE ROAD WEST

DESIRED FUTURE CHARACTER

The present character of the Mona Vale Road West locality will remain unchanged except in circumstances specifically addressed as follows.

Development will be limited to new detached style housing conforming with the housing density standards set out below and low intensity, low impact uses.

A dense bushland buffer will be retained or established along Mona Vale Road West.

Development in the locality will not create siltation or pollution of Middle Harbour.

LAND USE

Category One

Nil

Category Two

Development for the purpose of the following:

• agriculture

• housing

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• community facilities

• entertainment facilities

• further education

• health consulting rooms

• heliports

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

However, consent may be granted for development that will contravene this housing density standard but, if by more than 10 per cent, only with the concurrence of the Director.

The matters which shall be taken into consideration in deciding whether concurrence should be granted are:

(a) whether non-compliance with the development standard in issue raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by this plan.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback from Mona Vale Road is 20 metres.

Otherwise, the minimum front building setback is 10 metres.

Rear and side building setback

Development is to maintain minimum rear and side building setbacks.

The minimum rear and side building setback is 10 metres.

The rear and side setback areas are to be landscaped and free of any structures, carparking or site facilities other than driveways and fences.

Bushland setting

A minimum of 50 per cent of the site area is to be kept as natural bushland or landscaped with local species.

National Park setback

Development is to maintain a minimum setback from National Park boundaries of 20 metres. The minimum setback area is to be fire fuel reduced and landscaped with local species.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY C11 BELROSE ROAD CORRIDOR

DESIRED FUTURE CHARACTER

The Belrose Road Corridor locality will be characterised by detached-style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Development within the locality is to be assessed with regard to any development control plan applying to the land. Future development will maintain the visual pattern and predominant scale of the existing detached-style houses in the adjacent C1 Middle Harbour Suburbs locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks.

In order to provide for fauna movements through the locality to and from Garigal National Park an ecological corridor, as shown cross-hatched on the map, will be rehabilitated and preserved as a bushland corridor. The corridor will be characterised by dense plantings of native trees and shrubs. Future development other than for the purposes of bushfire hazard reduction and water quality devices is to be excluded within the cross-hatched area.

Areas proposed to be dedicated to Council as public open space are to be dedicated taking into account the Bushland Management Plan adopted by the Council and are to be maintained by the developer (at no cost to Council) for a 5 year period following dedication.

Development within the locality on hillsides or in the vicinity of ridge tops must integrate with the natural landscape and topography.

Buildings within the locality will be located and grouped in areas that will minimise disturbance of vegetation, landforms and creeks and take account of any development control plan applying to the land.

Redevelopment of the Belrose Road Corridor locality will involve the remediation of the identified localised contamination at isolated locations across the locality.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• any other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hospitals

• hotels

• industries

• motor showrooms

• recreation facilities, unless the Locality Statement provides otherwise

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

On land shown cross-hatched on the map, any development other than development for the purpose of bushfire hazard reduction or water quality devices.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• canal estate development

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

BUILT FORM

Housing density

The maximum housing density within the locality is 1 dwelling for 700 m² of site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent). Development of the Belrose Road Corridor is to be limited to a maximum of 54 detached-style dwellings.

To measure housing density the site area is to be divided by the number of dwellings proposed on the site (including any existing dwellings which are to be retained). For the purposes of this calculation, the site area is taken to be the area of the allotment that existed on the commencement of Warringah Local Environmental Plan 2000 (Amendment No 17) and any granny flat is taken not to be a dwelling.

Granny flats are to be limited to one per allotment.

These controls do not apply:

(a) if their application would prevent an existing allotment accommodating one dwelling, or

(b) to housing for older people or people with disabilities where the site area per dwelling may be reduced, but only if the buildings are sited and designed, and landscaping is used, to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, or

(c) to housing located within a local retail centre.

Building height

Buildings within the locality are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.

Buildings within the locality are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space). This standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), but only if the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Front building setback

Development within the locality is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

On corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must take into account the character of the secondary street and the predominant setbacks existing to that street.

Consent may be given for development to be carried out within the minimum front setback area on allotments constrained by the location and use of existing buildings or by topography, but only if the development is for the provision of car parking.

Rear building setback

The minimum rear building setback within the locality is 6 metres. However, for allotments that are not shown as cross-hatched on the map, the minimum rear building setback is 10 metres.

The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to the structure on the allotment that is nearest to that boundary, other than a structure that is exempt development, a swimming pool or an outbuilding.

The rear building setback area is to be landscaped and free of any structures other than structures that are exempt development, swimming pools or outbuildings.

If the subject land contains an area that is shown cross-hatched on the map, the rear setback is to be measured exclusive of the cross-hatched area.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by exempt development, swimming pools and outbuildings but only if the total area of all such exempt development, swimming pools and outbuildings does not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings within the locality must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metres.

To measure the side boundary envelope and side setback on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metres from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space on sites within the locality having an area of less than 3,000 m² is 40 per cent of the site area.

The minimum area of landscaped open space on sites within the locality having an area of equal to or greater than 3,000 m² is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

If the subject land contains an area that is shown cross-hatched on the map, the area of landscaped open space is to be measured exclusive of the cross-hatched area.

Ecological Corridor

A continuous bush land corridor that is at least 10 metres wide is to be provided for fauna movements between Garigal National Park and Elm Avenue and between Elm Avenue and Pringle Avenue that takes into account any development control plan applying to the land, as shown cross-hatched on the map.

This corridor is to be densely planted with native trees and shrubs.

Fences, driveways or other structures likely to hinder fauna movements must not cross the sections of the locality set aside as an ecological corridor.

COMPLYING DEVELOPMENT

The following table shows the development which is complying development in the locality. Column A describes the development and Column B shows the requirements that the development must comply with to be complying development.

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with those residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

Appendix D Collaroy Beach Catchment Locality Statements

LOCALITY D1 COLLAROY/NARRABEEN

DESIRED FUTURE CHARACTER

The Collaroy/Narrabeen locality will be characterised by detached style housing and apartment style housing in landscaped settings and a range of complementary and compatible uses. New apartment development will be confined to the “medium density areas” shown on the map.

Outside the “medium density areas”, future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. All new development will be of a low scale and articulated with generous spaces between buildings to retain the open lake and seaside character of the locality and create visual interest. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The use of materials that blend with the colours and textures of the natural landscape are to be encouraged. Building designs are to incorporate the fine detail found in some of the older existing cottages.

Buildings and development along the Collaroy/Narrabeen Beachfront will address the current and future hazards of wave impact and coastal erosion.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing

Development for the purpose of the following within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, this development is Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained, and

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, or

(b) within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls, or

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, or

(d) for housing located within a local retail centre.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the areas shown as “medium density areas” on the map, buildings are neither to exceed 2 storeys nor 8.5 metres except within the area of land bounded by Pittwater Road and Narrabeen, Ocean and Robertson Streets Narrabeen, where buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below, and

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above, and

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Collaroy/Narrabeen beachfront

Consent may be granted for development along the Collaroy/Narrabeen beachfront only after the consent authority has taken into account the “Development Guidelines for Collaroy/Narrabeen Beach”, set out in Schedule 13.

Setback to beach

Development is to be set back from Narrabeen/Collaroy Beach in accordance with those guidelines. For the purposes of identifying setbacks, the map identifies setback lines which are the Zone of Wave Impact, the Zone of Slope Adjustment and the Zone of Reduced Foundation Capacity as shown on the Council’s Collaroy/Narrabeen/Fishermans beach line hazard maps—A1 8634, sheets 1–3.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres (except to the beach).

The minimum setback from boundaries adjoining Narrabeen Lake is 15 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street or a boundary which adjoins Narrabeen Lake up to any structure on the allotment.

The rear building setback does not apply to corner allotments other than those which adjoin Narrabeen Lake.

Outside the medium density areas the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area, or

• exempt development only on allotments which adjoin Narrabeen Lake.

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope, and

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Within medium density areas, above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach the side boundary envelope or side setback, except:

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• 2 Albert Street, Narrabeen

• Tree group, Malcolm Street and Lagoon Street, Narrabeen

• Stone wall in Ocean Street, near Malcolm Street, Narrabeen

• Narrabeen Fire Station, 9 Ocean Street (cnr Pittwater Road), Narrabeen

• Vegetation group, 58–62 Ocean Street (cnr King Street), Narrabeen

• “Furlough House”, 72–90 Ocean Street, Narrabeen

• 1184–1186 Pittwater Road, Narrabeen

• Street trees and plaque, Pittwater Road, near the corner of Birdwood Avenue, Collaroy.

The following heritage items of regional heritage significance are within this locality:

• Collaroy Rock Pool, Collaroy Beach

LOCALITY D2 COLLAROY VILLAGE

DESIRED FUTURE CHARACTER

The Collaroy Village will retain its retail character incorporating a mix of small retail and business uses with shop-top housing. A range of retailing and after-hours activities at street level will reinforce the character of the village.

Future development will maintain the continuity of existing building facades by ensuring that they are broken into distinct vertical segments reflecting the traditional pattern of shopfront development. The design and treatment of buildings will also reflect the beachside setting and exposed nature of the locality. New development will contribute to creating a pedestrian environment which is safe, comfortable and interesting. The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Commercial use of part of the footpath for outdoor eating and the like is appropriate.

The ground floor of buildings will be predominantly used for business purposes. If the first floor is used for housing the building will be designed to enable the first floor to be adapted for business use in the future.

Buildings greater than 2 storeys in height will be designed so that the massing is substantially reduced on the top floors thereby reducing the visual bulk of the development whilst the Collaroy Cinema is to remain the dominant building along the Pittwater Road frontage.

Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of development in the village is to provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly above the ground floor level.

The heritage and townscape qualities of the Arlington Amusement Hall building are to be preserved and enhanced. This is to be achieved by the restoration of the first floor Pittwater Road façade of the entire terrace of shops in terms of detail, finish and colour, by limiting development of the site to the existing building envelope so that the bulk and height of the building are not increased and by encouraging a more sympathetic treatment to the elevations visible from Pittwater Road in terms of fenestration and colour.

Building and development along the Collaroy/Narrabeen Beachfront will address the current and future hazards of wave impact and coastal erosion.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• entertainment facilities

• hotels

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• hospitals

• industries

• motor showrooms

• places of worship

• primary schools

• registered clubs

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below, and

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above, and

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback. The ground floor of buildings must be aligned on the street frontage.

The minimum front building setback for any storey higher than the second storey is 5 metres.

To measure the minimum front building setback:

• attached elements such as pergolas, sun control awnings and balcony balustrades which are composed of substantially transparent structures may encroach within the minimum front building setback area.

Adaptable buildings

Where the first floor of a building is proposed to be used for housing it is to be provided with a separate access to any subsequent floor to facilitate the adaptation of the first floor for business use.

Footpath awnings

Continuous footpath awnings must be incorporated into the design of buildings.

Collaroy/Narrabeen Beachfront

Development along the Collaroy Narrabeen Beachfront must conform with the development guidelines for Collaroy/Narrabeen Beach, included in Schedule 13.

Setback to beach

Development is to be set back from Narrabeen/Collaroy Beach in accordance with Schedule 13. For the purposes of identifying setbacks, the map identifies setback lines which are the Zone of Wave Impact, the Zone of Slope Adjustment and the Zone of Reduced Foundation Capacity as shown on the Council’s Collaroy/Narrabeen/Fishermans beach line hazard maps—A1 8634, sheets 1–3.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Arlington Amusement Hall, 1056–1066 Pittwater Road, Collaroy

• Westpac Bank, 1121 Pittwater Road, Collaroy

The following heritage items of regional heritage significance are within this locality:

• Collaroy Cinema (facades and interiors), 1097 Pittwater Road, Collaroy

LOCALITY D3 COLLAROY FOOTSLOPES

DESIRED FUTURE CHARACTER

The Collaroy Footslopes locality will remain characterised by apartment style housing and detached style houses in landscaped settings interspersed by a range of complementary and compatible uses. New apartment development will be confined to the “medium density areas” shown on the map.

Future apartment style housing will be designed to address public streets and spaces, create visual interest and enable the establishment of substantial landscaping in the spaces between buildings. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

Apartment style housing will be excluded from the immediate footslopes of the Collaroy Escarpment and future development in this area will be of a low density nature. Development in this part of the locality will be integrated with the natural landscape including rock outcrops and remnant bushland and topography. Building materials are to blend with the colours and textures of the natural landscape.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 800m² of site area. To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

• where this standard would prevent an existing allotment accommodating one dwelling, and

• within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls, and

• for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the medium density areas, buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Outside the medium density areas the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope, and

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Four mature Norfolk Pine trees, 1157 Pittwater Road, Collaroy

• “Ballagh”, 5 The Avenue, Collaroy

LOCALITY D4 COLLAROY PLATEAU

DESIRED FUTURE CHARACTER

The Collaroy Plateau locality will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will continue to be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The properties north and east of Edgecliff Boulevard form part of the crests and sideslopes of the Collaroy escarpment. Development in this part of the locality must integrate with the landscape and topography and minimise its visual impact on long distance views of the escarpment. Rock outcrops and indigenous tree canopy will be integrated with new development where possible. The use of materials that blend with the colours and textures of the natural landscape will be encouraged.

Buildings are not to be erected on areas shown cross-hatched on the map due to the land’s steep slope, instability and visual sensitivity.

LAND USE

Category One

Development for the purpose of the following, except within the local retail centres shown on the map:

• housing

Development for the purpose of the following within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

For land shown cross-hatched on the map, any development other than for the purpose of bushfire hazard reduction.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 450m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, and

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and

(d) for housing located within a local retail centre.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• “Blue Waters” Store, 62 Hilma Street, Collaroy

• Elevated Reservoir, cnr Grevillea and Aubreen Streets, Collaroy Plateau

LOCALITY D5 LONG REEF

DESIRED FUTURE CHARACTER

The Long Reef locality will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

Development on the site of the “Old Collaroy Hospital” located on land known as Lots 1, 2, 3, 8 and 9 on DP 6777, Lot 1 DP 954105, Lot 1 DP 953769 and Lot B DP 398645 will continue to be used only for health related uses. The northern portion of this site, adjacent to Birdwood Avenue, will be dedicated for the purposes of public open space. Any future development of the old Collaroy Hospital Site will be sympathetic to the pattern, scale and landscape character of the street and surrounding development. In addition any development of the site will address the heritage significance of the existing building known as the “Beach House” located at the corner of Beach Road and Brissenden Avenue.

The spread of indigenous tree canopy will be enhanced where possible and natural landscape features, such as rock outcrops and remnant bushland will be preserved. Buildings on prominent hillsides or hill tops must be designed to integrate with the natural landscape and topography and minimise their visual impact when viewed from afar.

The existing bushland on the Salvation Army site will be preserved.

Building and development along the beachfront will address the current and future hazards of wave impact and coastal erosion.

The locality will continue to be served by a local retail centre in the area shown on the map. Buildings greater than 2 storeys in height within this centre are to be designed so that the massing is substantially reduced on the top floors thereby reducing the visual bulk of the development and enabling views between buildings. Future development in the local retail centre will also be in accordance with the general principles of development control provided in clause 39.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing

Development for the purpose of the following within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Development for the purpose of health related uses on property known as the “Old Collaroy Hospital” site (Lots 1, 2, 3, 8 and 9 on DP 6777, Lot 1 DP 954105, Lot 1 DP 953769 and Lot B DP 398645).

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) for housing for older people or people with disabilities, where the land area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and

(c) for housing located within a local retail centre, and

(d) for health related uses on property known as the “Old Collaroy Hospital” site (Lots 1, 2, 3, 8 and 9 on DP 6777, Lot 1 DP 954105, Lot 1 DP 953769 and Lot B DP 398645).

Building height

Except within the local retail centre:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the local retail centre buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Beachfront properties

Development along the beachfront must conform with the development guidelines for Collaroy/Narrabeen Beach as set out in Schedule 13.

Setback to beach

Development is to be set back from Narrabeen/Collaroy Beach in accordance with the guidelines. For the purposes of identifying setbacks, the map identifies setback lines which are the Zone of Wave Impact, the Zone of Slope Adjustment and the Zone of Reduced Foundation Capacity as shown on the Council’s Collaroy/Narrabeen/Fishermans beach line hazard maps—A1 8634, sheets 1–3.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Front building setback in local retail centre

The ground floor of buildings in the local retail centre must be aligned on the street frontage.

The minimum front building setback for any storey higher than the second storey is 5 metres.

To measure the minimum front building setback:

• attached elements such as pergolas, sun control awnings and balcony balustrades which are composed of substantially transparent structures may encroach within the minimum front building setback area.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 50 per cent of the site area for each development lot on land known as the “Old Collaroy Hospital” site (Lots 1, 2, 3, 8 and 9 on DP 6777, Lot 1 DP 954105, Lot 1 DP 953769 and Lot B DP 398645).

The minimum area of landscaped open space for the remainder of the locality is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• 18 Beach Road, Collaroy

• Developmental Disability Service building, Beach Road (cnr Brissenden Avenue), Collaroy

• “The Beach House”, Beach Road (cnr Brissenden Avenue), Collaroy

• “Clissold Cottage”, 16 Beach Road, Collaroy

• 35 Beach Road, Collaroy

• 3 Bedford Crescent, Collaroy

• “Rosecrea”, 1048 Pittwater Road, Collaroy

• 1071 Pittwater Road, Collaroy

• “Eight Bells”, 8 Seaview Parade, Collaroy

• “Mt. Caeburn”, 30 Suffolk Avenue, Collaroy

• Fisherman’s Hut, Fisherman’s Beach, Collaroy Basin

• Jenkins Family Grave, Homestead Avenue, Collaroy

• Long Reef Aquatic Reserve, Collaroy

CONSERVATION AREAS

• Coastal Cliff, Long Reef Headland, Collaroy as shown on the map

• Griffith Park, cnr Pittwater Road and Anzac Avenue, Collaroy

Appendix E Dee Why Locality Statements

LOCALITY E1 DEE WHY NORTH

DESIRED FUTURE CHARACTER

The Dee Why North locality will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will relate to the established pattern and predominant scale of detached style housing in the locality and the streets will be characterised by landscaped front gardens and buildings which create a sense of address to those streets. The spread of indigenous tree canopy will be enhanced where possible and natural landscape features, such as rock outcrops and remnant bushland will be preserved and development on prominent hillsides or hill tops must be designed to integrate with the landscape and topography and minimise its visual impact when viewed from afar. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing

Development for the purpose of the following within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, and

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and

(d) for housing located within a local retail centre.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front building setback :

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that may be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• 2 Hadleigh Avenue, Collaroy

• Long Reef Garage, 2 Hay Street, Collaroy

• Livistona australis palms, 861 Pittwater Road, Collaroy

CONSERVATION AREAS

• Dee Why Lagoon and Reserve, as shown on the map

LOCALITY E2 DEE WHY LAGOON SUBURBS

DESIRED FUTURE CHARACTER

This locality will remain characterised by detached style housing and a small pocket of apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses. The development of further apartment style housing within the locality will be confined to the “medium density areas” shown on the map. The land occupied by the Dee Why Bowling Club at Lot 32 DP 868310, land occupied by the Manly Warringah Soccer Club at Lot 9 DP 793604 and land occupied by the Evergreen Tennis Centre at Lot 61 DP 611195 will continue to be used only as recreation facilities.

Outside the “medium density areas”, future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will continue to be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The spread of indigenous tree canopy will be enhanced where possible and natural landscape features, such as rock outcrops, remnant bushland and natural watercourses will be preserved. Development on hillsides or in the vicinity of ridgetops must integrate with the natural landscape and topography. The use of materials that blend with the colours and textures of the natural landscape will be encouraged.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing, except at the premises occupied (when this plan commenced) by Dee Why Bowling Club or Manly Warringah Soccer Club or the Evergreen Tennis Centre

• recreation facilities at those premises and that Centre

Development for the purpose of the following within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities, unless this Locality Statement provides otherwise

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect, and

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, and

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29, and

(d) within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls, and

(e) for housing located within a local retail centre.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the areas shown as “medium density areas” on the map, buildings are neither to exceed 2 storeys nor 8.5 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below, and

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above, and

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Outside the medium density areas the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope, and

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development outside medium density areas, that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street,

Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• “Elouera”, 41 Redman Road, Dee Why

• Dee Why Fire Station, 38 Fisher Road, Dee Why

• Narraweena Primary School, McIntosh Road, Narraweena

LOCALITY E3 CROMER INDUSTRIAL

DESIRED FUTURE CHARACTER

The Cromer Industrial locality will remain an industrial and employment centre incorporating industries and ancillary service uses and a range of compatible community and leisure uses. The present industrial character of the locality with establishments in landscaped settings will be maintained.

Future development will incorporate building design, site planning and landscaping to address the streets and soften the visual impact of industrial buildings and particularly their associated driveway entrances, parking and delivery/dispatch areas as viewed from the street and public spaces.

LAND USE

Category One

Development for the purpose of the following:

• industries

• warehouses

Category Two

Development for the purpose of the following:

• brothels

• child care centres

• community facilities

• hire establishments

• housing (where used in conjunction with industries or warehouses)

• places of worship

• primary schools

• motor showrooms

• offices (when ancillary to industries or warehouses)

• recreation facilities

• restaurants

• service stations

• shops (which sell equipment, machinery or materials used by an industry or trade and includes builders’ supply and hardware establishments or which sell goods manufactured on the same land as the industry)

• vehicle body repair workshops

• vehicle repair stations

• other buildings, works or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• health consulting rooms

• hospitals

• hotels

• housing, unless this Locality Statement provides otherwise

• medical centres

• offices, unless this Locality Statement provides otherwise

• registered clubs

• retail plant nurseries

• shops, unless this Locality Statement provides otherwise

• short term accommodation

• veterinary hospitals

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

The maximum height of buildings is 11 metres.

To measure the height of a building:

• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 4.5 metres.

The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m².

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Roche Building, 100 South Creek Road, Dee Why

• Givaudan-Roure office, 96 South Creek Road, Dee Why

• Trees, Campbell Avenue, Dee Why West

LOCALITY E4 DEE WHY PARADE

DESIRED FUTURE CHARACTER

Dee Why Parade provides a transition between the town centre and adjacent residential localities.

As such the locality will incorporate a mix of business, community and leisure uses including housing, shops and offices with apartment style housing being the predominant use on the northern side of Dee Why Parade.

The scale of development will help to achieve the transition between the town centre and surrounding localities with the buildings on the northern side of the Parade being more in keeping with the scale of existing apartment style housing in the area. New development on the southern side of Dee Why Parade will be of an increased scale although it will remain less than the scale of development in the Howard Avenue locality. On either side of Dee Why Parade articulation of building façades in such a way that they are broken into smaller elements with strong vertical proportions will be encouraged.

Future development on the southern side of Dee Why Parade is to be designed so that a 3 storey podium adjoins the sidewalk and establishes a coherent parapet line. Above the parapet line additional storeys will be set back from the front and the side boundaries so that the scale of development does not dominate Dee Why Parade and spaces are created between buildings to add interest to the skyline, reduce the mass of the building and facilitate the sharing of views and sunlight.

Minimum ceiling heights will be observed in the locality to emphasise the ground floor of buildings which incorporate uses other than housing and to maximise the amenity of dwellings and facilitate their adaptation for other purposes.

Building layout and access are to be in accordance with Map E, available at the office of the Council.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• entertainment facilities

• housing (not on ground floor)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• further education

• health consulting rooms

• hospitals

• hotels

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3.

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• hire establishments

• industries

• motor showrooms

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 13 metres on the northern side of Dee Why Parade and neither 5 storeys nor 21 metres on the southern side of Dee Why Parade.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys, and

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Building mass

The maximum area of the floorplate of the upper floors of buildings on the southern side of Dee Why Parade is to be as follows:

• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,

• topmost storey: 50% of the area of the ground floor floorplate, and

• second topmost storey: 70% of the area of the ground floor floorplate.

To measure the area of the floorplate:

• the area of the floorplate is the area within the outside face of the outermost walls of the building.

Minimum floor to ceiling height

The minimum floor to ceiling heights are as follows:

• ground floor storey (other than where used for housing): 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Minimum front building setbacks

Development is to maintain a minimum front building setback.

On the southern side of Dee Why Parade the first 3 storeys of buildings must be set back at least 8 metres from the kerb. Storeys above the third storey must be set back at least 16 metres from the kerb.

On the northern side of Dee Why Parade buildings are to be set back at least 4 metres from the kerb.

Footpath awnings

Continuous footpath awnings must be provided over sidewalks on the southern side of Dee Why Parade to provide shelter for pedestrians.

Carparking facilities

Carparking facilities must be provided below ground or behind buildings. Outdoor parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.

Side boundary envelope and side setback

Buildings on the northern side of Dee Why Parade must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except:

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area except on the southern side of Dee Why Parade.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area, and

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area, and

• landscaped open space must be at ground level, and

• the minimum soil depth of land that may be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E5 HOWARD AVENUE

DESIRED FUTURE CHARACTER

Howard Avenue will be the primary boulevard in the Dee Why Town Centre and the focus of shopping and community activity.

Future development will incorporate a mix of business, community and leisure uses. Ground floor premises will be characterised by shops, restaurants and business premises that create active building fronts and contribute to the life of the streets and other public spaces. Housing and offices will characterise the upper floors.

In particular, future development is to be designed so that a 4 storey podium adjoins the sidewalk and establishes a coherent parapet line along Howard Avenue. Above the parapet line additional storeys will be set back to maintain solar access to the sidewalks and ensure that the scale of buildings does not dominate public spaces. Buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces are created between buildings at the upper levels to add interest to the skyline, reduce the mass of the building and facilitate the sharing of views and sunlight.

Building layout and access are to be in accordance with Map E available at the office of the Council such that the spaces behind buildings combine to form central courts with vehicle access limited to a restricted number of places generally in the locations shown on Map E.

Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.

A public square will be created at the eastern end of the locality.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• housing (not on ground floor)

• child care centres

• offices

• community facilities

• restaurants

• entertainment facilities

• shops

Category Two

Development for the purpose of the following:

• health consulting rooms

• registered clubs

• hospitals

• short term accommodation

• veterinary hospitals

• hotels

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• recreation facilities

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• industries

• motor showrooms

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• potentially hazardous industries

• potentially offensive industries

• heliports

• vehicle body repair workshops

Canal estate development is also prohibited within the locality.

BUILT FORM

Building height

Buildings are neither to exceed 6 storeys nor 24 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Building mass

The maximum area of the floorplate of the upper floors of buildings is to be as follows:

• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,

• topmost storey: 50% of the area of the ground floor floorplate,

• second topmost storey: 70% of the area of the ground floor floorplate.

To measure the area of the floorplate:

• the area of the floorplate is the area within the outside face of the outermost walls of the building.

Minimum floor to ceiling height

Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.

The minimum floor to ceiling heights are as follows:

• ground floor storey: 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Build-to lines

Build-to lines have been established to ensure future development defines the streets and public spaces.

For the first 4 storeys of buildings, build-to lines have been set at:

• 4.5 metres from the kerb on the northern side of Howard Avenue,

• 8 metres from the kerb on the southern side of Howard Avenue, except:
• near the intersection of Howard Avenue and Pittwater Road as indicated on the map, where the build-to line on either side of Howard Avenue is the front property boundary.

For storeys above the fourth storey, build-to lines have been set at:

• 12.5 metres from the kerb on the northern side of Howard Avenue,

• 16 metres from the kerb on the southern side of Howard Avenue, except:
• near the intersection of Howard Avenue and Pittwater Road as indicated on the map, where the build-to line on either side of Howard Avenue is 8 metres.

Future development is to observe the build-to lines as follows:

• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.

• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.

• Where a proposed building, or part of a proposed building, adjoins a 40 60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside of the 40–60% component.

• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.

• At ground floor level strict compliance with the build-to lines is not essential.

Footpath awnings

Continuous footpath awnings must be provided over all sidewalks.

Pedestrian links

Where Map E indicates a pedestrian link such a link is to be provided (or maintained) in any future development. Map E also indicates whether the link is to be an enclosed link (such as an arcade) or an open link.

Carparking facilities

Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E showing the location of central courts for guidance). Carparking facilities in the central courts must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E6 OAKS AVENUE

DESIRED FUTURE CHARACTER

Oaks Avenue will incorporate a mix of business, community and leisure uses. Ground floor premises will be characterised by uses including shops and restaurants that create active building fronts and contribute to the life of the streets and other public spaces. Housing and offices will characterise upper floors.

In particular, future development will be designed so that a 3 storey podium adjoins the sidewalk and establishes a coherent parapet line along Oaks Avenue. Above the parapet line additional storeys will be set back to maintain solar access to the sidewalks and ensure that the scale of buildings does not dominate public spaces. Buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces are created between buildings at the upper levels to add interest to the skyline, reduce the mass of the building and facilitate the sharing of views and sunlight.

Building layout and access are to be in accordance with Map E available from the office of the Council such that the spaces behind buildings combine to form central courts with vehicle access limited to a restricted number of places generally in the locations shown on Map E.

Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• entertainment facilities

• housing (not on ground floor)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• health consulting rooms

• hospitals

• hotels

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• industries

• motor showrooms

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair

• workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 5 storeys nor 21 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Building mass

The maximum area of the floorplate of the upper floors of buildings is to be as follows:

• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,

• topmost storey: 50% of the area of the ground floor floorplate,

• second topmost storey: 70% of the area of the ground floor floorplate.

To measure the area of the floorplate:

• the area of the floorplate is the area within the outside face of the outermost walls of the building.

Minimum floor to ceiling height

Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.

The minimum floor to ceiling heights are as follows:

• ground floor storey: 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Build-to lines

Build-to lines have been established to ensure future development defines the streets and public spaces.

For the first 3 storeys of buildings, build-to lines have been set at:

• 4.5 metres from the kerb on the northern side of Oaks Avenue,

• 8 metres from the kerb on the southern side of Oaks Avenue, except:
• near the intersection of Oaks Avenue and Pittwater Road as indicated on Map E, where the build-to line on either side of Oaks Avenue is the front property boundary.

For storeys above the third storey, build-to lines have been set at:

• 12.5 metres from the kerb on the northern side of Oaks Avenue,

• 16 metres from the kerb on the southern side of Oaks Avenue, except:
• near the intersection of Oaks Avenue and Pittwater Road as indicated on Map E, where the build-to line on either side of Oaks Avenue is 8 metres.

Future development is to observe the build-to lines as follows:

• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.

• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside of the 60–80% component.

• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside of the 40–60% component.

• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.

• At ground floor level strict compliance with the build to lines is not essential.

Footpath awnings

Continuous footpath awnings must be provided over all sidewalks.

Pedestrian links

Carparking facilities

Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E showing the location of central courts for guidance). Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting for a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E7 PACIFIC PARADE

DESIRED FUTURE CHARACTER

The Pacific Parade locality will remain characterised by apartment style housing interspersed with a range of community uses and existing business uses.

Future development in the locality will comprise mainly new apartment style housing and the upgrading of existing apartment style housing. In the event that the Woolworth’s arcade is redeveloped for housing, a pedestrian link will be maintained between Oaks Avenue and Pacific Parade.

The scale of future development will be consistent with the scale of existing development in the locality generally. New apartment style housing will address the street by locating carparking below ground and maximising the number of dwellings with entrances directly from Pacific Parade. Shared driveway accesses will be used where possible.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• medical centres

• offices

• places of worship

• restaurants

• shops

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• hire establishments

• hotels

• industries

• motor showrooms

• primary schools

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• canal estate development

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 13 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Minimum floor to ceiling height

The minimum floor to ceiling height is 2.7 metres.

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Minimum front building setback

Development is to maintain a minimum front building setback. The minimum front building setback is 4 metres.

To measure the front building setback:

• the front building setback is the distance between any street property boundary and the nearest building.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• the rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure areas of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that may be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A

LOCALITY E8 STURDEE PARADE

DESIRED FUTURE CHARACTER

The Sturdee Parade locality will remain primarily a residential area except for a new tourist motel at the western end of the locality. Future development will comprise new apartment style housing in addition to the motel.

The scale of new apartment style housing at the street frontage is not to be overbearing and is to be consistent with the scale of most typical apartment style housing when viewed by pedestrians on either side of Pacific or Sturdee Parade.

Within the block, the height of buildings may be greater, and is to be such that they form a transition, stepping down from the new tourist motel at the western end of the locality to the low rise apartment style housing at the eastern most part of the locality.

The design and arrangement of buildings within the locality are to recognise and preserve existing significant public views (from parks, streets etc) and significant views from private properties. Buildings are to be highly articulated and modulated to reduce the apparent building mass and reflect the existing pattern of development at the street.

Future development is to also be sited and designed to enclose and define a series of mid-block open spaces connected by a series of open space linkages both within the block and to and from the surrounding street system.

Site amalgamation will be encouraged to facilitate new development and carparking is to be provided below ground using shared driveways where possible.

LAND USE

Category One

Development for the purpose of the following:

• housing

• short term accommodation (on Lot 1 DP 233348—Dee Why Hotel)

Category Two

Development for the purpose of the following:

• child care centres

• restaurants

• community facilities

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• primary schools

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• shops

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Street frontage height

Buildings at the street frontage are neither to exceed 3 storeys nor 13 metres, except on Lot 1 DP 233348 (the tourist hotel site).

To measure the street frontage height:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors but does not include rooms that are located within the roofspace and do not add to the visual bulk of the building,

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Building height (mid-block)

The maximum height for the block has been developed in recognition of two key principles:

(a) given the depth of the block, the street frontage height requirements and the potential for site amalgamation, there is significant opportunity for greater development intensity/height in the internal areas of the block,

(b) the existing consent sets a maximum height on the western portion of the block, from which future buildings are to step down toward the east.

The following controls apply to define the maximum height for any site on the block.

The maximum allowable height is the maximum height in storeys and metres, subject to the following provisions:

• Maximum height (in metres) is calculated by taking a line across the centre line of the block, parallel to Sturdee Parade and Pacific Parade, from the eastern edge of the Hotel site eastwards. The line will slope downwards from a point 27 metres above ground level in this location to a point 13 metres above ground level at the eastern end of the block, at a location corresponding to the setback limit of the build-to line. The vertical measurement between natural ground level and this line is defined as the maximum allowable height for a site.

• Maximum allowable heights (in storeys), derived from this line are detailed in Diagram E8 available from the office of the Council. Floor to ceiling heights must be a minimum of 2.7 metres.

• Building height is to fall within an envelope defined by a sight line taken from 1.5 metres above ground level at the footpath on the opposite side of the street, intersecting with the maximum street frontage height and on to where that line intersects with the maximum allowable height (see Diagram E8).

Build-to lines

Build-to lines have been established to ensure future development defines the streets and public spaces (Map E).

Future development is to observe the build-to lines as follows:

• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line the whole of the relevant building façade is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building façades.

• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line, between 40–60% of the relevant building façade is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building façades within the 40–60% component of the building.

• light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may also penetrate the build-to line.

• outside the 40–60% component of the building, buildings are to be set back at least 9 metres from the kerb.

The 100% build-to line is 5 metres from the kerb. The 40–60% build-to line is 8 metres from the kerb.

Building massing and buildable area

Diagram E8.2 available from the office of the Council illustrates controls in relation to building massing, buildable area within the central portion of the block and the locations where side setbacks and cross block links are envisaged. The following controls are to apply:

• The preferred built form for the block is a perimeter block where buildings are oriented toward the street, enclosing semi-private spaces within the interior.

• The building wall addressing the street is to be articulated and fragmented into a module which is reflective of the surrounding residential context.

In cases where sites are amalgamated, interior portions of the block may be built upon subject to the following provisions:

• A distance of at least 9 metres is required between the rear facade of any building fronting a street and the facade of any building located within the central portion of the block.

• The siting of individual buildings within the buildable area in the central portion on the block must be guided by the controls applying to open space and access. Under no circumstances may development within the central portion of the block be comprised of a single tower.

Landscaped open space

It is envisaged that the central portions of the block will be comprised of buildings sited and designed to enclose and define a series of mid-block open spaces. These spaces will be connected by a series of open space linkages both within the block and to/from the surrounding street system. Proponents are expected to demonstrate that the following requirements have been met:

• A series of open spaces, generally of the size and location identified on Diagram E8.3 available from the office of the Council, will be provided through the siting of buildings.

• The siting and design of buildings will define the open space system, creating intimate and useable open space areas.

• The open space areas identified above will be connected by a system of linkages both through and within the block, generally in accordance with Diagram E8.3 available from the office of the Council.

Access

All east–west orientated blocks in Dee Why lack adequate pedestrian and vehicle permeability. It is envisaged that as the block redevelops, this situation will be improved through the incorporation of additional linkages through the block.

Development proposals are required to demonstrate that the following requirements have been met:

• A pedestrian circulation system which provides access through the central portions of the block, as well as to and from the surrounding street system, is to be provided generally in accordance with Diagram E8.3 available from the office of the Council.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• 45 Pacific Parade (cnr Sturdee Parade), Dee Why

LOCALITY E9 PITTWATER ROAD

DESIRED FUTURE CHARACTER

The future development of the Pittwater Road locality will reinforce the town centre as the focus of regional activity on the Warringah corridor. This will be reflected in the treatment of public spaces, the arrangement of land uses and the scale and intensity of development.

Entry into the town centre will be marked by a building at the southern corner of the intersection of Dee Why Parade and Pittwater Road. The scale and architectural treatment of this building will distinguish it from other buildings and define the edge of the town centre.

The locality will be the focus of office activity and will incorporate a mix of land uses including business uses such as shops, offices, restaurants and cafes at ground floor level with offices and housing on upper floors. The design of buildings is to facilitate the adaptation of upper storey premises for residential or office uses.

Buildings are to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. In particular, future development is to ensure that a 4 storey podium adjoins the sidewalk and establishes a coherent parapet line along Pittwater Road. Above the parapet line additional storeys are to be set back to maintain solar access to the sidewalks and ensure that the scale of buildings does not dominate public spaces. Building facades are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces created between buildings at the upper levels to add interest to the skyline, reduce the mass of buildings and facilitate the sharing of views and sunlight.

Building layout and access are to be in accordance with Map E available at the office of the Council such that shared laneways are established to ensure there is no vehicle access directly from Pittwater Road and the spaces behind buildings combine to form central courts with vehicle access limited to a restricted number of places generally in the locations shown on Map E.

Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• entertainment facilities

• health consulting rooms

• housing (not on ground floor)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• hospitals

• hotels

• housing for older people or people with disabilities

• medical centres

• places of worship

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• industries

• motor showrooms

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 6 storeys nor 24 metres north of the intersections of Fisher Road and Pacific Parade with Pittwater Road, and neither 5 storeys nor 21 metres south of these intersections.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

Consent may be granted for a building at the corner of Dee Why Parade and Pittwater Road above 6 storeys up to a maximum of 26 metres provided the massing of any additional storeys above the sixth storey is substantially reduced (ie they occupy a smaller floorplate compared to lower storeys). Any building that directly adjoins St. David Avenue is to present as a 3 storey, 13 metre high building for that part of the building in keeping with the scale of development along St. David Avenue.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Building mass

The maximum area of the floorplate of the upper floors of buildings is to be as follows:

• above the topmost storey (including plant and equipment rooms, lofts etc): 30% of the area of the ground floor floorplate,

• topmost storey: 50% of the area of the ground floor floorplate,

• second topmost storey: 70% of the area of the ground floor floorplate.

To measure the area of the floorplate:

• the area of the floorplate is the area within the outside face of the outermost walls of the building.

Minimum floor to ceiling height

Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.

The minimum floor to ceiling heights are as follows:

• ground floor storey: 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Build-to lines

Build-to lines have been established to ensure future development defines the streets and public spaces.

For the first 4 storeys of buildings, the build-to lines have been set at:

• 5 metres from the kerb for the first 4 storeys, and

• 9 metres from the kerb for storeys above the fourth storey, except:
• at the southern side of the intersection of Sturdee Parade and Pittwater Road as indicated on Map E available from the office of the Council, where the build-to line is the front property boundary for the first four storeys and 5 metres from the kerb for storeys above the fourth storey.

Future development is to observe the build-to lines as follows:

• The relevant building facades are to be built on these lines. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.

• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.

• At ground floor level strict compliance with the build-to lines is not essential.

Footpath awnings

Continuous footpath awnings must be provided over all sidewalks.

Carparking facilities

Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E for guidance). Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Commonwealth Bank, 691 Pittwater Road, Dee Why

LOCALITY E10 CIVIC CENTRE

DESIRED FUTURE CHARACTER

The Civic Centre will remain the focus of Civic activity within Warringah with this role enhanced by the development of a new Civic Building on Pittwater Road. The presence of this building will be enhanced by the use of colonnades to distinguish it from other buildings in the locality and the planting of a double row of Norfolk Island Pines at the front of the building along Pittwater Road. The corner of Pittwater Road and St. David Avenue will be strongly defined as a major pedestrian access to the site.

The northern side of this locality adjacent to the Kingsway will be redeveloped for apartment style housing in landscaped settings and be of similar scale to apartment style housing in the adjacent locality.

The sandstone outcrops and vegetation between the existing Council Chambers and the existing library, and west of the main entrance to the existing Council Chambers, will be retained.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• housing

• offices

Category Two

Development for the purpose of the following:

• housing for older people or people with disabilities

• places of worship

• restaurants

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• further education

• health consulting rooms

• hire establishments

• hospitals

• hotels

• industries

• medical centres

• motor showrooms

• primary schools

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

The new civic building is neither to exceed 6 storeys nor 24 metres and buildings elsewhere in the locality are neither to exceed 3 storeys nor 13 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Minimum floor to ceiling height

The minimum floor to ceiling heights are as follows:

• ground floor storey (other than where used for housing): 3.6 metres

• ground floor storey (where used for housing): 2.7 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Minimum front building setbacks

Development is to maintain a minimum front building setback. The minimum front setbacks will be 15 metres from Pittwater Road, zero metres from St. Davids Avenue and 6 metres from the Kingsway. The first 4 storeys of the civic building must be set back a sufficient distance to enable the establishment of a double row of Norfolk Pines and the provision of a level 4 metre sidewalk.

Storeys above the fourth storey must be set back at least 4 metres from the parapet line of the fourth storey.

To measure the front building setback:

• the front building setback is the distance between any street property boundary and the nearest building.

For residential development the front setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes and garbage storage areas.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback the rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Apartment buildings must be sited within an envelope determined by projecting a plane at 45 degrees from the height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area for apartment style housing.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a length or width of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of landscaped open space is 1 metre.

Carparking facilities

Carparking facilities must be provided below ground or behind buildings in shared parking areas (refer to Map E available from the office of the Council for guidance). Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• “Pacific Lodge” (Salvation Army), 15 Fisher Road, Dee Why

• Dee Why Public Library, Pittwater Road, Dee Why

• Street Tree, cnr St. David Avenue and Pittwater Road, Dee Why

LOCALITY E11 FISHER ROAD

DESIRED FUTURE CHARACTER

Fisher Road locality will incorporate a mix of business, community and leisure uses. Ground floor premises will be characterised by uses including shops and restaurants that create active building fronts and contribute to the life of the streets and other public spaces. Housing and offices will characterise upper floors.

Building design will also contribute to the life of public spaces by helping to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. The scale of buildings is to be less than that of buildings in the adjacent Pittwater Road locality and buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and spaces are created between buildings at the upper levels to add interest to the skyline and facilitate the sharing of views.

Site amalgamation will be encouraged to facilitate new development and enable all carparking to be provided below ground or behind buildings using shared driveways where possible.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• entertainment facilities

• housing (not on ground floor)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• further education

• health consulting rooms

• hospitals

• hotels

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• hire establishments

• industries

• motor showrooms

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 13 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) and lofts on top floor apartments are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Minimum floor to ceiling height

Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.

The minimum floor to ceiling heights are as follows:

• ground floor storey: 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Build-to lines

Build-to lines have been established to ensure future development defines the streets and public spaces.

The build-to line has been set at 4 metres from the kerb.

Future development is to observe the build-to line as follows:

• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.

• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.

• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 40–60% component.

• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.

• At ground floor level strict compliance with the build-to lines is not essential.

Footpath awnings

Continuous footpath awnings must be provided over all sidewalks to provide shelter for pedestrians.

Carparking facilities

Carparking facilities must be provided below ground or behind buildings. Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of the parking spaces when mature.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E12 MOORAMBA ROAD

DESIRED FUTURE CHARACTER

The Mooramba Road locality will incorporate a mix of business, community and leisure uses. Ground floor premises facing Mooramba Road and Francis Street will be characterised by uses that provide active street fronts including shops, offices and business premises with housing on upper floors.

The height of buildings in this locality will be less than in the adjacent Pittwater Road locality and will establish a transition between the town centre and surrounding localities.

Buildings are to help to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. In particular buildings are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions.

Site amalgamation will be encouraged to facilitate new development and enable carparking to be provided below ground or behind buildings using shared driveways where possible.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• entertainment facilities

• housing (not on ground floor)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• further education

• hospitals

• hotels

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• health consulting rooms

• hire establishments

• industries

• motor showrooms

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 13 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Minimum floor to ceiling height

Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.

The minimum floor to ceiling heights are as follows:

• ground floor storey: 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Build-to lines

Build-to lines have been established to ensure future development defines the streets and public spaces.

The build-to line has been set at 3.7 metres from the kerb.

Future development is to observe the build-to lines as follows:

• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line (as shown on the map), the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.

• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line (as shown on the map), between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.

• Where a proposed building, or part of a proposed building, adjoins a 40–60% build-to line (as shown on the map), between 40–60% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 40–60% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 40–60% component.

• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.

• At ground floor level strict compliance with the build-to lines is not essential.

Footpath awnings

Continuous footpath awnings must be provided over all sidewalks to provide shelter for pedestrians.

Carparking facilities

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E13 DEE WHY PARK

DESIRED FUTURE CHARACTER

The Dee Why Park locality will remain characterised by apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future apartment style housing will address public streets and spaces, create visual interest and enable the establishment of substantial landscaping in the spaces between buildings.

Existing older apartment style housing will be encouraged to be upgraded to give them a more contemporary and attractive appearance.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density within the locality will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls.

Building height

Buildings are neither to exceed 3 storeys nor 12 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E14 DEE WHY BASIN

DESIRED FUTURE CHARACTER

The Dee Why Basin locality will remain characterised by apartment style housing and detached style housing in landscaped settings and uses which are complementary and compatible with housing in the locality.

Future apartment style housing will address public streets and spaces, create visual interest and enable the establishment of substantial landscaping in the spaces between buildings.

The upgrading of existing older apartment buildings will be encouraged to give them a more contemporary and attractive appearance.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

Building height

Buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area.

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Uniting Church, 60 Howard Avenue, Dee Why

• St Kevin’s Catholic Church, 46–50 Oaks Avenue, Dee Why

• “Ebenezer” Flats, 72–74 Oaks Avenue, Dee Why

LOCALITY E15 WINGALA HILL

DESIRED FUTURE CHARACTER

The Wingala Hill locality will remain characterised by detached style housing in landscaped settings interspersed by existing apartment style housing and a range of complementary and compatible uses.

Future development will relate to the predominant scale of existing detached style housing in the locality and the streets will be characterised by landscaped front gardens and buildings which address the street. The exposed natural sandstone rock outcrops throughout the locality are to be preserved where possible and development on prominent hillsides or hilltops must be designed to integrate with the landscape and topography and complement long distance views of the hill. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Stone steps, in drainage reserve between Headland Road and Undercliffe Street, Dee Why

CONSERVATION AREAS

• Coastal Cliff between Dee Why Beach and Curl Curl Lagoon, as shown on the map

• Stony Range Flora Reserve, as shown on the map

LOCALITY E16 PITTWATER ROAD NORTH

DESIRED FUTURE CHARACTER

The Pittwater Road North locality will incorporate a mix of business, retail and community uses including housing, shops and offices. Housing will predominantly take the form of apartment style housing with some shop-top housing where business and retail uses occur.

Future apartment style housing will be of a high standard of design that addresses public streets and spaces, creates visual interest and enables the establishment of substantial landscaping in the spaces between buildings.

Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of commercial development in the locality is to provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly above the ground floor level.

The Dee Why RSL Club will continue to cater for the recreational and leisure needs of the community. Development involved in the further expansion of the existing approved building and carparking areas is to be assessed with regard to a masterplan for the site. This masterplan will address issues such as views, visual impact, management of traffic and impact upon the amenity of the locality.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• medical centres

• places of worship

• primary schools

• registered clubs (existing club)

• restaurants

• service stations

• shops

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• retail plant nurseries

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The site area per dwelling for housing for older people or people with disabilities may be less than elsewhere provided the buildings are sited and designed and landscaping is used to ensure the development relates to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29.

Building height

Buildings are neither to exceed 3 storeys nor 12 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Side boundary envelope and side setback

Apartment style buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from an apartment style building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Above and below ground structures and private open space including basement carparking, balconies, terraces and the like shall not encroach beyond the side boundary envelope or side setback, except:

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area except where the ground floor comprises business premises, shops or restaurants.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be included as landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E17 TOWN CENTRE SOUTH

DESIRED FUTURE CHARACTER

The Town Centre South locality will be characterised by a mix of business and community uses with housing and/or office uses above.

Future development is to help to define the streets and public spaces and create environments that are appropriate to the human scale as well as comfortable, interesting and safe. Building facades are to be articulated in such a way that they are broken into smaller elements with strong vertical proportions and land uses are to be arranged at ground level to create activity and add life to the streets.

The overall height of buildings is to be such that long distance views of Long Reef Headland, the top of the escarpment to the west of Pittwater Road and the Norfolk Island Pines next to Dee Why Beach are preserved and future development does not detract from the primacy of the Pittwater Road corridor and Howard Avenue boulevard.

Carparking is to be provided below ground or behind buildings using shared driveway entrances wherever possible.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• housing (not on ground floor)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 13 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (including any plant or equipment) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its roof above (including any plant or equipment),

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Minimum floor to ceiling height

Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.

The minimum floor to ceiling heights are as follows:

• ground floor storey: 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Minimum front building setback

Development is to maintain a minimum front building setback. The minimum front building setback is 4 metres from the kerb.

Footpath awnings

Continuous footpath awnings must be provided over all sidewalks to provide shelter for pedestrians.

Carparking facilities

Carparking facilities must be provided below ground or behind buildings. Ground level parking must be provided with trees the canopies of which will achieve 70% coverage of parking spaces when mature.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY E18 THE STRAND

DESIRED FUTURE CHARACTER

The Strand will be a vibrant locality comprising a mix of leisure, office and residential uses, interspersed by a range of complementary and compatible uses. Ground floor premises will be characterised by restaurants, cafes, shops and leisure-related uses that create active building fronts and contribute to the life of the streets. Housing will characterise upper floors.

The interrelationship between the beach and park and development along The Strand is an important aspect of the character of the locality. The design of buildings and shopfronts will have a strong complementary relationship to their beach and parkland setting and help create comfortable, interesting and safe pedestrian environments. Outdoor eating areas in particular will be encouraged.

Above the second storey, buildings will step back from The Strand, Oaks and Howard Avenues and Dee Why Parade and building height will be restricted to maintain solar access to the parklands and ensure the scale of buildings does not dominate public spaces or views from the park or beach.

The corners of Howard Avenue and The Strand, however, are to be strongly defined by virtue of building height and design.

A laneway will be established between Dee Why Parade and Howard Avenue and between Howard Avenue and Oaks Avenue for access and servicing of development fronting The Strand.

LAND USE

Category One

Development for the purpose of the following:

• housing (not on ground floor)

• restaurants

• shops

Category Two

Development for the purpose of the following:

• hotels

• housing for older people or people with disabilities

• offices (not on ground floor)

• recreation facilities

• short term accommodation

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• child care centres

• community facilities

• entertainment facilities

• further education

• health consulting rooms

• hire establishments

• hospitals

• industries

• medical centres

• motor showrooms

• places of worship

• primary schools

• registered clubs

• retail plant nurseries

• service stations

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 13 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Minimum floor to ceiling height

Minimum floor to ceiling heights have been established to ensure shops and dwellings enjoy good access to natural light and buildings “read” well from the street.

The minimum floor to ceiling heights are as follows:

• ground floor storey: 3.6 metres

• upper storeys: 2.7 metres

To measure the floor to ceiling height:

• the floor to ceiling height is the distance measured vertically between the floor and its ceiling above.

Build-to lines

Build-to lines have been established to ensure future development defines the streets and public spaces.

Build-to lines have been set at:

• 6 metres from the kerb for the first 2 storeys, and

• 10 metres from the kerb above the second storey.

These are the 60%–80% build-to lines.

However, 20 metres either side of the intersection of Howard Avenue and The Strand, the build-to lines on Howard Avenue and The Strand are the front property boundary for the first 2 storeys, and 4 metres from the kerb for storeys above the second storey.

These are the 100% build-to lines.

Future development is to observe the build-to lines as follows:

• Where a proposed building, or part of a proposed building, adjoins a 100% build-to line, the whole of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades.

• Where a proposed building, or part of a proposed building, adjoins a 60–80% build-to line, between 60% and 80% of the relevant building facades is to be built on this line. Variations of up to 300 mm may be permitted to add visual interest and allow articulation of building facades within the 60–80% component of the building. Variations of as much as 3 metres (back) and 300 mm (forward) will be permitted outside the 60–80% component.

• Light-weight structures that do not add to the visual mass of the building, such as pergolas and balconies, may penetrate the build-to lines.

• At ground floor level strict compliance with the build-to lines is not essential.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Coronation Wishing Well, The Strand, Dee Why Reserve

• World War I Roll of Honour, The Strand, Dee Why Reserve

The following items of regional heritage significance are within this locality:

• Dee Why Rock Pool, Dee Why Beach

LOCALITY E19 DELMAR PARADE

DESIRED FUTURE CHARACTER

The Delmar Parade locality will be developed as a residential area characterised by apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses. Future development will include the construction of new apartment style housing and detached style housing and the upgrading of existing buildings.

Future development is to use the natural fall of the land to ensure that development addressing Delmar Parade is of a low scale and preserves existing significant public and private views. Building design is to also employ elements which serve to fragment larger building forms and, together with site landscaping, minimise the impact of development on long distance views of the locality. The scale of buildings addressing Sturdee Parade is to be consistent with other low-rise apartment buildings in the locality.

Sites are to be amalgamated where necessary to facilitate new development and carparking is to be provided below ground using shared driveways where possible.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

Building height

Buildings are neither to exceed:

(a) 2 storeys nor 8.5 metres if they address Delmar Parade, or

(b) 3 storeys nor 11 metres if they address Sturdee Parade.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

Taller buildings may be permitted in the centre of large amalgamated sites, provided the visual impact is minimised when viewed from the street and surrounding development.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Above and below ground structures and private open space including basement carparking, vehicle access ramps, balconies, terraces and the like shall not encroach the side boundary envelope or side setback, except:

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A

LOCALITY E20 MOORAMBA WEST

DESIRED FUTURE CHARACTER

The Mooramba West locality will remain characterised by apartment style housing and houses in landscaped settings, interspersed by a range of complementary and compatible uses in the locality.

Future apartment style housing will address public streets and spaces, create visual interest and enable the establishment of substantial landscaping in the spaces between buildings.

The upgrading of existing older apartment buildings will be encouraged to give them a more contemporary and attractive appearance.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

Building height

Buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 4.5 metres.

To measure side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

LOCALITY E21 DEE WHY TOWN CENTRE

DEFINITIONS

For the purposes of the provisions of this Appendix relating to the Dee Why Town Centre locality:

Above Podium Elements Map means the map marked “Map E21 Above Podium Elements” as in force at the date that Warringah Local Environmental Plan 2000 (Amendment No 21) took effect.

existing ground level, in relation to land, means the level of the land at the date that Warringah Local Environmental Plan 2000 (Amendment No 21) took effect.

Building Heights Map means the map marked “Map E21 Building Heights” as in force at the date that Warringah Local Environmental Plan 2000 (Amendment No 21) took effect.

proposed new road means the proposed road to be located on the east side of Site A as shown on the Building Heights Map.

Site Map means the map marked “Map E21 Site Map” as in force at the date that Warringah Local Environmental Plan 2000 (Amendment No 21) took effect.

Town Square, Pedestrian Connections and Public Open Space Map means the map marked “E21 Map Town Square, Pedestrian Connections and Public Open Space” as in force at the date that Warringah Local Environmental Plan 2000 (Amendment No 21) took effect.

Site A means the land shown distinctively edged and designated as “Site A” on the Site Map.

Site B means the land shown distinctively edged and designated as “Site B” on the Site Map.

DESIRED FUTURE CHARACTER

Introduction

The Dee Why Town Centre locality will be an attractive living centre that sustains the social, economic and environmental needs of its community and visitors, characterised by high quality housing that is balanced with an appropriate mix of shopping, business, cultural and recreational facilities consistent with its role as a major centre (as referred to in the North East Subregion—Draft Subregional Strategy published by the Department of Planning in July 2007).

The locality is recognised as a distinctive civic and commercial hub in the Northern Beaches as well as being a destination for the wider community for the purposes of civic activities, recreation, business, employment and shopping.

The locality will continue to grow as one of the region’s most significant and vibrant service centres serving the social, economic and recreational needs of the local community and the region.

Building form

The Dee Why Town Centre locality will be characterised by a unified and consistent building form and provide for a diversity of uses (retail, commercial, community, recreational, residential and car parking).

Buildings will be of the highest design quality, and use attractive, durable materials and finishes. The development will achieve architectural and urban design excellence and be environmentally sustainable through measures such as passive solar design, water harvesting or reuse (or both) and use of renewable materials.

The street edges will be lined with a bustling mix of retail shops, cafes and restaurants. To achieve this positive reinforcement of the street edge and a good human to built form scale, a 3 storey podium to street wall will define the street edge of the proposed new road adjoining Site A, while a 4 storey podium to street wall will define the Oaks Avenue frontage to Site A and surrounding street edge of Site B. Building setbacks and heights will be designed to ensure adequate levels of natural sunlight and to ensure a high level of amenity to occupiers of the buildings as well as the adjacent public domain and surrounding developments. Upper levels should not overhang ground level with the exception of balconies and other minor extrusions of building elements which are encouraged to pronounce articulation and modification of building facades.

Ground floor levels of development will be highly active and accessible to the street and create a lively and active ambience. Ground floor retail development is to be at grade with the footpaths and provide opportunities for a generous promenade and distinctive street tree planting to provide shade and shelter.

The pattern of development will reflect the underlying urban form in Dee Why with predominantly east-west orientated buildings and high levels of visual and physical permeability. The streets will be legible and lead to well designed and publicly accessible open spaces. Taller buildings will be distributed across the town centre from west to east to establish a coordinated, modulated and varied skyline to protect the scenic qualities of Dee Why, its views and vistas and to maintain adequate sunlight access within Dee Why.

Streetscape

The Howard Avenue street frontage of Site B will be tree lined with distinctive coastal indigenous species that provide landscape elements while not obscuring the views into and out of the town square from Pittwater Road or Howard Avenue.

Tower buildings

Two iconic, slimline towers will be provided in the western part of the locality (Site B), with one smaller tower provided in the eastern part of the locality (Site A). The towers will largely provide for a transition in building height from west (Pittwater Road) to east (proposed new road) and respond to the surrounding natural escarpment. The Building Heights Map prescribes the maximum building heights for the locality.

The towers will be spatially separated to provide well designed, generous, usable public spaces and provide good sunlight penetration to the southern side of Oaks Avenue and the Town Square. This will ensure the Town Centre is provided with a high level of amenity for the public throughout the entire year.

Mid-rise elements on Site B facing Oaks Avenue are to reflect the simple clarity displayed by the tower and podium elements and floor area limits stipulated are not to be considered as entitlements, but if achieved, are subject to conformity with other controls and the achievement of satisfactory urban design quality.

Retail and commercial uses

Dee Why must provide additional employment opportunities and commercial space for businesses, consistent with its role as a major centre (as referred to in the metropolitan strategy known as City of cities—A plan for Sydney’s future published by the Department of Planning in December 2005). The Dee Why Town Centre locality will facilitate its commercial focus and functions by providing at least 2 levels (excluding the ground floor) of development for non-residential purposes contributing to the locality’s service functions, as well as providing for enhanced employment opportunities.

Shops and cafes with active frontages will give a sense of liveliness, vitality and safety within the locality. Double storey height colonnades adjoining the proposed Town Square will provide strategic links to improve the efficiency of the locality and an enhanced retail environment for businesses and patrons alike. On the edges of streets and public spaces, buildings will be provided with continuous colonnades or pedestrian awnings.

Design and management solutions will be provided that will provide for an appropriate mix and diversity of retail uses that will encourage and facilitate the diversity of the shopping experience.

Signage associated with new developments will be high quality, innovative, co-ordinated and minimised to avoid visual clutter and will complement the overall urban design, streetscape and architectural quality and amenity of the centre for its patrons whilst also achieving a balanced and reasonable level of exposure for businesses.

Residential amenity

Exemplary and innovative treatments will be applied to the configuration and design of communal access and recreational areas within residential elements that will promote a socially effective urban village.

Mobility, traffic management and parking

Improved vehicle access and circulation in the Dee Why Town Centre locality will be achieved by good design and management of traffic flows within the existing and proposed new roads servicing the locality.

There will be a new north-south street, between Howard and Oaks Avenue, along the eastern side of the Council site adjacent to St. Kevin’s Church (specifically involving Lot 2, DP 526306 and Lot 19, DP 8172).

Traffic will circulate in a one way anti-clockwise direction around the locality via Oaks Avenue, the proposed new road and Howard Avenue.

Improved vehicle access and circulation within the locality is a prerequisite to redevelopment. Development will reinforce the prioritisation of pedestrian movements and networks and make the locality a safer, enjoyable and attractive town centre for the public and existing and future residents.

Car parking, principally underground, will be provided to accommodate the demand of the additional residential, retail and commercial uses. On Site B, only one level of above ground car parking is allowed. This car parking will be located on Level 2. Appropriate architectural screening of the car park level will occur and is to be visually integrated and coordinated with the design of building facades of the remainder of the development to ensure that vehicles will be screened completely from surrounding vantage points and to protect the streetscape and urban design quality of the development. Where car parking adjoins a street frontage, the amenity of the adjoining and nearby uses are to be protected. Loading facilities and waste collection facilities will be accommodated using intelligent, innovative design and in a manner that does not adversely impact on the visual amenity of the public domain or conflict with pedestrian access or the amenity of adjoining and nearby residential properties.

Minimal disruption to retail and commercial activity at street level will occur by minimising the width of the footpath crossings and vehicle entrances, by ensuring that loading facilities are substantially enclosed by occupied floor space and by high standards of civic design applied to portions of loading dock and car park entrances that would be visible from the street.

Town square and open space

A Town Square will be the heart of the community. It will contain attractive, useable open spaces interlinked by a secure network of pedestrian connections.

The proposed Town Square will address Howard Avenue in accordance with the Town Square, Pedestrian Connections, and Public Open Space Map. It will be a flexible, multi-use space that will be suitable for markets, entertainment and community events and as a meeting place for the general public. Colonnades will surround the perimeter of the Town Square providing all weather access to the ground floor retail outlets. These retail uses will provide opportunities for alfresco dining, casual seating and recreation. Residential accommodation situated above will provide casual surveillance of the Town Square and bring life and vitality to the Town Square throughout the day. An appropriate canopy of indigenous tree species will also be provided throughout the Town Square to enhance its amenity.

North-south pedestrian connection

A north-south pedestrian connection will link the proposed Town Square with Oaks Avenue and will provide a strong physical and visual connection between Howard Avenue and Oaks Avenue ensuring a high level of permeability of the locality. A north-south pedestrian connection leading from the proposed Town Square to Oaks Avenue will introduce a generous pedestrian and retail precinct. The pedestrian connection will be defined by retail development, with double storey colonnades providing access on a 24 hour, 7 days a week basis, and be designed to ensure all weather access to ground level retail, food and beverage outlets. The pedestrian connection will have a clear width of not less than 14 metres to ensure high levels of sunlight access and provide view lines through the development in accordance with the Town Square, Pedestrian Connections and Public Open Space Map.

Hydrology

Future development of the locality is to be designed to take account of, and be compatible with, the hydrological conditions associated with the Dee Why Lagoon South Catchment.

Stormwater management

Future development is to be designed and located to take into account stormwater management issues and is to incorporate water sensitive urban design and ecologically sustainable development principles. Innovative design solutions are essential and must be consistent with contemporary best design practices. They are to minimise stormwater impacts (including stormwater quantity and quality impacts on the Dee Why Lagoon system).

Finished floor levels and basement car park entry levels are to incorporate adequate freeboards to protect against the entry of stormwater from Council’s street drainage system.

LAND USE

Category One

Development for the purposes of the following:

• community facilities

• shops on the ground and first floor level within Site B

• shops on the ground floor level within Site A

• restaurants on the ground floor

Category Two

Development for the purposes of the following:

• business premises

• child care centres

• entertainment facilities

• health consulting rooms (not on ground floor level)

• hotels

• housing on the second floor level and above

• medical centres (not on ground floor level)

• offices on the second floor level and above within Site B

• offices on the first floor level and above within Site A

• places of worship

• recreation facilities

• registered clubs

• shops

• short-term accommodation

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purposes of the following:

• agriculture

• animal boarding or training establishment

• bulky goods shops

• further education

• hire establishments

• housing on the ground floor level and first floor level

• industries

• motor showrooms

• offices on the ground and first floor level within Site B

• offices on the ground floor level within Site A

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• veterinary hospitals

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• canal estate development

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

BUILT FORM

BUILDING HEIGHT

Note—

The building height controls establish a vertical limit to which a future building may be constructed. The height limits are a maximum height and not an expression of uniform height over the entire site.

The building height control is not to be read in isolation. A suite of development controls apply to land within the locality that must be considered concurrently to assist in determining the manner, form and configuration of future development.

Objectives

The objectives of the building height controls for the locality are as follows:

(a) to ensure that future development responds to the desired scale and character of the locality (referred to in the Desired Future Character Statement for this locality),

(b) to ensure that future development responds to the surrounding escarpment and that building heights do not dominate the surrounding topography,

(c) to limit overshadowing to the front set back areas on the southern side of Oaks Avenue opposite Site A during mid-winter (22 June),

(d) to limit overshadowing to the footpath on the southern side of Oaks Avenue opposite Site B during mid-winter (22 June),

(e) to limit overshadowing to the Town Square during mid-winter (22 June).

Controls

Buildings on any land in the locality are to be no more than the maximum height (in metres AHD) shown for the land on the Building Heights Map.

Despite the building envelopes established by the Building Heights Map, a building envelope boundary of the following proposed towers may be varied by up to 2 metres in a horizontal direction, but only if the floor area of any storey of the tower after such a variation does not exceed the floor area of any such storey had the variation not occurred:

(a) the proposed tower shown on that map as having a maximum height of 52.5 metres AHD (Site A),

(b) the proposed tower shown on that map as having a maximum height of 75 metres AHD (Site B),

(c) the proposed tower shown on that map as having a maximum height of 78 metres AHD (Site B).

No less than 2 hours of sunlight must be provided between 10am and 2pm to the front setback areas on the Southern side of Oaks Avenue opposite Site A in midwinter (June 22).

No less than 2 hours of sunlight must be provided between 10am and 2pm to the public footpath on the Southern side of Oaks Avenue opposite Site B at a distance of 6 metres from the property boundary in midwinter (June 22).

No less than 4 hours of sunlight must be provided midwinter (June 22) to the proposed Town Square.

Only temporary structures may be erected on the land indicated as Pedestrian Connections on the Town Square, Pedestrian Connections and Public Open Space Map.

In these controls, height, in relation to a building, means the distance, measured vertically between the top most point of the building and the existing ground level below.

OAKS AVENUE ABOVE PODIUM PROVISIONS

Site A

Application: The following provisions apply to buildings on the Site A Oaks Avenue podium land as shown on the Above Podium Elements Map (the Site A Oaks Avenue podium land).

The following provisions apply despite the maximum building height control set out above and in the Building Heights Map.

Objectives

The objectives of the above podium provisions for the Site A Oaks Avenue podium land are as follows:

(a) to allow buildings fronting Oaks Avenue on the Site A Oaks Avenue podium land to have components above 28.5 metres AHD level permitted by the building height control and the Building Heights Map (the podium level),

(b) to control building bulk above the podium level on the Site A Oaks Avenue podium land,

(c) to limit the depth of buildings and control the gross floor area above the podium level of 28.5 metres AHD on the Site A Oaks Avenue podium land,

(d) to limit overshadowing to the front setback areas on the southern side of Oaks Avenue opposite Site A in midwinter (June 22),

(e) to allow design flexibility.

Controls

Despite the maximum building height control and the Building Heights Map, a building may be erected on the Site A Oaks Avenue podium land that has a component above 28.5 metres AHD, but only if:

(a) Gross floor area
the total gross floor area of the components of the buildings above the podium level does not exceed 2,000m², and

(b) Separation in building wall
a minimum of 20 per cent of the east-west length of Site A above the podium level comprises physical breaks or separation between buildings, and

(c) Rear building alignment
any component of the building above the podium level does not extend north beyond the Site A Oaks Avenue rear building alignment line as shown on the Above Podium Elements Map (being the line 32 metres from the Oaks Avenue front building line (which is 2.275 metres from the Oaks Avenue Site A boundary)), and

(d) Building plane
the building is sited or located under a plane that projects at an angle of 29 degrees from the height of 28.5 metres AHD above the Oaks Avenue front building line as shown on the Above Podium Elements Map (which is 2.275 metres from the Oaks Avenue Site A boundary), and

(e) Shadowing–Oaks Avenue south side
no less than 2 hours of sunlight is provided between 10am and 2pm to the front setback areas on the southern side of Oaks Avenue opposite Site A in midwinter (June 22).

Site B

Application: The following provisions apply to buildings on the Site B Oaks Avenue podium land as shown on the Above Podium Elements Map (the Site B Oaks Avenue podium land).

The following provisions apply despite the maximum building height control set out above and in the Building Heights Map.

Objectives

The objectives of the above podium provisions for the Site B Oaks Avenue podium land are as follows:

(a) to allow buildings on the Site B Oaks Avenue podium land to have components above 31 metres AHD level permitted by the building height control and the Building Heights Map (the podium level),

(b) to control building bulk above the podium level on the Site B Oaks Avenue podium land,

(c) to limit the depth of buildings and control the gross floor area above 31 metres AHD,

(d) to ensure that there is an adequate separation between the above podium buildings envelopes set out in the Building Heights Map for the towers and surrounding podium of the Howard Avenue side of the site and the buildings south of the Site B rear building alignment,

(e) to limit the overshadowing of the footpath on the southern side of Oaks Avenue opposite Site B,

(f) to allow design flexibility.

Controls

Despite the maximum building height control and the Building Heights Map, a building may be erected on the Site B Oaks Avenue podium land that has a component above 31 metres AHD, but only if:

(a) Gross floor area
the total gross floor area of the components of the buildings on the Site B Oaks Avenue above the podium level does not exceed 3,800m², and

(b) Separation in building wall
a minimum of 20 per cent of the east-west length of Site B above the podium level comprises physical breaks or separation between buildings, and

(c) Rear building alignment
any component of the building above the podium level does not extend north beyond the Site B rear building alignment line shown on the Above Podium Elements Map (being the line 27.5 metres from the Oaks Avenue front building line), and

(d) Shadowing–Oaks Avenue south side
no less than 2 hours of sunlight is provided between 10am and 2pm to the public footpath on the southern side of Oaks Avenue opposite Site B at a distance of 6 metres from the property boundary in midwinter (June 22).

PROPOSED NEW ROAD ABOVE PODIUM PROVISIONS

Application: The following provisions apply to buildings on the Site A Proposed New Road podium land as shown on the Above Podium Elements Map (the Site A Proposed New Road podium land).

The following provisions apply despite the maximum building height control set out above and in the Building Heights Map.

Objectives

The objectives of the above podium provisions for the Site A Proposed New Road podium land are as follows:

(a) to allow buildings on the Site A Proposed New Road podium land to have components above 25 metres AHD level permitted by the building height control and the Building Heights Map (the podium level),

(b) to control building bulk above the podium level on the Site A Proposed New Road podium land,

(c) to limit the depth of buildings and control the gross floor area above the podium level of 25 metres AHD,

(d) to allow design flexibility.

Controls

Despite the maximum building height control and the Building Heights Map, a building may be erected on the Site A Proposed New Road podium land that has a component above 25 metres AHD, but only if:

(a) Gross floor area
the total gross floor area of the components of the buildings on the Site A Proposed New Road podium land above the podium level does not exceed 1,000m², and

(b) Rear building alignment
any component of the building above the podium level does not extend west beyond the proposed new road rear building alignment line as shown on the Above Podium Elements Map (being the line 19.5 metres from the proposed new road front building line), and

(c) Building plane
the building is sited or located under a plane that projects at an angle of 45 degrees from the height of 25 metres AHD above the proposed new road front building line toward the rear building alignment (as shown on the Above Podium Elements Map), and

(d) Maximum height
the height of the building does not exceed 43.5 metres AHD.

DESIGN EXCELLENCE

Objectives

The objectives of the following control is to ensure that buildings on Site A and Site B exhibit design excellence.

Control

Development consent must not be granted for development involving the construction of a new building or external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.

In considering whether development exhibits design excellence, the consent authority must have regard to the following matters:

(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,

(c) whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,

(d) whether the architect responsible for the proposed design has an outstanding reputation in architecture,

(e) whether satisfactory arrangements have been made to ensure that the proposed design is carried through to the completion of the development concerned.

ALLOWANCE FOR EXTERNAL ANCILLARY PLANT AND ROOF ACCESS

Objectives

The objectives of the controls relating to external ancillary plant and roof access are as follows:

(a) to ensure that the height, scale and number of permanent or temporary eternal ancillary structures located on roofs of buildings do not add to the perceived height of buildings or detract from the roof form of buildings,

(b) to ensure that roof forms are attractive when viewed from surrounding vantage points, including when viewed, at a short distance, from the public domain and surrounding apartment buildings as well as when viewed, from a long distance, from the southern and western hill sides that enjoy northerly and easterly aspects, respectively, over Dee Why,

(c) to promote low-scale vegetative landscaping of podium roofs of buildings and the use of podium roof spaces as areas for passive recreation for residents of the buildings concerned.

Controls

The height of any external ancillary plant or access point is to be minimised and should not exceed 3.0 metres. The access point is to be suitably integrated with either landscaping or architectural elements of the roof design. The total area of such plant and access points must not exceed 10% of the roof area.

Any balustrade or similar safety restraint (except a building parapet) is to be set in from the roof edge a minimum distance of 3 metres.

Any external ancillary plant or access point is to be integrated with the architectural design of the building.

Any external ancillary plant or access point is to be centrally located within the roof area to minimise or completely avoid being visible from the public domain in close proximity to the building.

No external ancillary plant is to be located on the roof of the tall tower located on Site A or the two slimline towers on Site B.

COMPLYING DEVELOPMENT

The following Table shows the development that is complying development in the Dee Why Town Centre locality. Column A describes the development and Column B shows the requirements that the development must comply with to be complying development.

Column A	Column B
Development for the purpose of:
Attached houses or apartment buildings, being: • internal alterations (excluding balcony enclosures and other devices that are externally visible), • the erection of any garages associated with any such houses or buildings, • the erection of any outbuildings associated with any such houses or buildings.	As described in Schedule 12—Part A
Businesses, offices or shops, being: • a different use resulting from a change of use from one type of business, office or shop to another type of business, office or shop, • internal alterations to business premises, offices or shops.	As described in Schedule 12—Part D

Appendix F Curl Curl Lagoon Catchment Locality Statements

LOCALITY F1 BROOKVALE CENTRE

DESIRED FUTURE CHARACTER

The Brookvale Centre locality will be developed as a mixed retail and business area incorporating low-rise shop-top housing.

Future development will help create a pedestrian environment which is safe, active and interesting. Future development will incorporate street level retailing and business uses and contribute to creating cohesive and attractive streetscapes.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• housing (not on ground floor)

• motor showrooms

• offices

• shops

Category Two

Development for the purpose of the following:

• bulky goods shops

• child care centres

• community facilities

• entertainment facilities

• further education

• health consulting rooms

• hire establishments

• hotels

• medical centres

• places of worship

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• hospitals

• housing for older people or people with disabilities

• industries

• primary schools

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are not to exceed 11 metres.

To measure the height of a building:

• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.

Front building setback

Development is to maintain a minimum front building setback. The minimum front building setback is to be consistent with the setback of adjacent buildings.

Building appearance

Building design is to:

• articulate long facades by breaking the elevation into distinct segments,

• detail new development by incorporating similar patterns and proportions where established by existing buildings,

• ensure larger infill sites reflect the general height, form, alignment and facade character of the street,

• create active street fronts,

• continue footpath awnings where appropriate, and

• address both street frontages on corner sites.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Palm tree and plaque, corner Pittwater Road and Cross Street, Brookvale

LOCALITY F2 BROOKVALE SERVICE CENTRE

DESIRED FUTURE CHARACTER

The Brookvale Service Centre locality will be characterised by light industries, warehouses and bulky goods retailing. The land at Lot 11 DP1009998, 7–9 Federal Parade Brookvale may be occupied by an office building.

The locality will be characterised by generous setbacks and wide frontages to Pittwater Road.

The Brookvale Park frontage to Pittwater Road is characterised by mature, predominantly Poplar trees which are to be retained.

LAND USE

Category One

Development for the purpose of the following:

• bulky goods shops

• industries

• motor showrooms

• warehouses

Category Two

Development for the purpose of the following:

• business premises (only in conjunction with bulky goods retailing at 612–624 Pittwater Road, Brookvale, with a ratio of 70% bulky goods retailing floor space to 30% business premises floor space)

• child care centres

• community facilities

• further education

• health consulting rooms

• hire establishments

• offices (only at Lot 11 DP 1009998, No 7–9 Federal Parade Brookvale)

• places of worship

• recreation facilities

• registered clubs

• service stations

• short term accommodation

• vehicle body repair workshops

• vehicle repair stations

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• business premises

• entertainment facilities

• hospitals

• hotels

• housing (except within LRC where not on ground floor)

• housing for older people or people with disabilities

• medical centres

• offices

• primary schools

• restaurants

• retail plant nurseries

• shops

• veterinary hospitals

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are not to exceed 11 metres.

To measure the height of a building:

• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is to be consistent with the setback of adjacent buildings.

Building appearance

Building design is to:

• articulate long facades by breaking the elevation into distinct segments,

• detail new development by incorporating similar patterns and proportions where established by existing buildings,

• ensure larger infill sites reflect the general height, form, alignment and facade character of the street,

• create active street fronts,

• continue footpath awnings where appropriate, and

• address both street frontages on corner sites.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Business uses, offices and shops, being: • internal alterations to business premises, offices or shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Former Wormald Building (front entrance, tower and curved former canteen only), 800 Pittwater Road, Dee Why

• Tramway Staff War Memorial, Pittwater Road, Brookvale (Bus Depot)

LOCALITY F3 BROOKVALE INDUSTRIAL

DESIRED FUTURE CHARACTER

The Brookvale Industrial locality will remain an industrial and employment centre incorporating industries, warehouses and ancillary service uses.

New development or significant redevelopment will be designed to incorporate landscaping to soften the visual impact of industrial buildings and their associated parking and other paved areas as viewed from the street.

At the interface of the locality with adjoining and adjacent residential areas, buildings will be sited and designed and the use of land managed to minimise interference with the amenity of such residential areas.

Allotments are to be consolidated where necessary to ensure the development of one allotment will not render an adjoining allotment unsuitable for development.

LAND USE

Category One

Development for the purpose of the following:

• industries

• warehouses

Category Two

Development for the purpose of the following:

• brothels

• child care centres

• community facilities

• hire establishments

• housing (where used in conjunction with industries or warehouses)

• motor showrooms

• offices (when ancillary to industries or warehouses)

• places of worship

• recreation facilities

• registered clubs

• restaurants

• service stations

• shops (those which sell equipment, machinery or materials used by an industry or trade, such as builders’ supply and hardware establishments or which sell goods manufactured on the same land as the industry producing them)

• vehicle body repair workshops

• vehicle repair stations

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• health consulting rooms

• hospitals

• hotels

• housing, unless this Locality Statement provides otherwise

• medical centres

• offices, unless this Locality Statement provides otherwise

• primary schools

• retail plant nurseries

• shops, unless this Locality Statement provides otherwise

• short term accommodation

• veterinary hospitals

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are not to exceed 11 metres.

To measure the height of a building:

• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 4.5 metres.

The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m².

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C

LOCALITY F4 BROOKVALE VALLEY

DESIRED FUTURE CHARACTER

The Brookvale Valley locality will remain an area characterised by a mixture of detached style housing and apartment style housing interspersed with a range of complementary and compatible uses. In order to protect the bushland and scenic quality of the Valley and to maintain the water quality of Greendale Creek, the head of the Brookvale Valley, as shown cross-hatched on the map, will remain as undeveloped bushland except for the land at Lot 7 DP 236335 where a maximum of one dwelling may be erected provided the design and construction of that development has regard to the topography, potential slip and sensitive visual character of the land as well as potential loss of views to adjoining or nearby properties. The development of further apartment style housing will be confined to the “medium density areas” shown on the map.

Outside the “medium density areas”, future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks. The spread of indigenous tree canopy will be protected throughout the locality and enhanced where possible. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

Any redevelopment of the Brookvale Brickworks is to assess the structural integrity of built elements of the Brickworks and their potential and viability for adaptive reuse and integration with future development. Any redevelopment of the site will contain meaningful interpretation of the heritage significance of the site. Such interpretation is to influence the design of future development.

Redevelopment of the Brickworks site will include the rehabilitation of Greendale Creek (where it passes through the site) and will regard the Creek to be an important landscape feature and focal point of the development. The maintenance and restoration of riparian zones of the creek will be required as part of any development of the Brickworks site. This riparian zone is required to adequately filter sediment, prevent bank erosion, ensure a sustainable mix of different plant species for genetic diversity, provide unique habitats and to act as a corridor function linking larger areas of remnant vegetation. The siting and design of buildings and landscaping treatment of the Brickworks site is to achieve a transition between development and surrounding bushland. In this regard, canopy trees and other landscaping used on the site is to predominantly be of species found on the bushland slopes shown cross-hatched on the map.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

Development on land shown cross-hatched on the map otherwise than for the purpose of bushfire hazard reduction.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• body repair workshops

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) on the Brickworks site that is not shown cross-hatched on the map (part Lots 2459 and 1475, DP 752038 and Lot 1 and part Lot 2, DP 831677), where the maximum housing density is 1 dwelling per 300m² of site area,

(d) within the “medium density areas” shown on the map where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls,

(e) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the areas shown as “medium density areas” on the map, buildings are neither to exceed 2 storeys nor 8.5 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Outside the medium density areas shown on the map the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope, and

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development outside medium density areas that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre,

• in the case of the Brookvale Brickworks site, the minimum landscaped area is to be calculated over the area of the site not shown cross-hatched on the map.

Brickworks site

In addition to the standards outlined above, the following standards apply to the Brookvale Brickworks site (part Lots 2459 and 1475, DP 752038 and Lot 1 and part Lot 2, DP 831677):

• Any housing development of the site is to comprise town house, villa home and apartment building type development. Consent may be granted for other forms of residential development only if they directly and demonstrably contribute to the heritage conservation of the site and town house and villa home type development are the predominant form of residential development on the site.

• Stormwater pollution control basins are to be provided which include provision for stormwater detention storage and water quality control. These are to be located outside the existing creek. Stormwater runoff from the site is to be treated to remove pollutants in accordance with the appropriate EPA guidelines.

• Greendale Creek is not to be piped or channelled where it passes through the Brickworks site.

• Development including driveways and paths is to be set back a minimum of 20 metres from the top of the bank of Greendale Creek. This area is to consist of a mixture of native trees, shrubs and groundcovers.

• Pedestrian access may be provided in the form of a pathway along the alignment of the Creek.

• Development in the vicinity of the creek is to be oriented towards the creek (either directly or indirectly) and backyard fences are not to adjoin or face the Creek.

• Dedication to the Council of that portion of the land occupied by Greendale Creek and any surrounding land necessary for the maintenance and enjoyment of the creek after its rehabilitation and other works have been completed to the Council’s satisfaction may be considered. Preparation of a plan of management for the rehabilitated creek and adjacent riparian zone outlining regular maintenance works to guarantee the creek and riparian zone’s viability must be prepared with any application to develop the land.

• An area of communal open space is to be provided which is central to the development and which incorporates information that interprets the heritage significance of the site and a restored building element which relates strongly to the brickmaking processes once operating on the site.

• Bushfire hazard reduction on the site shall be achieved through the design and siting of buildings and materials used rather than the clearing of adjacent bushland.

Note—

Any development in or within 40 metres of Greendale Creek will need a permit under Part 3A of the Rivers and Foreshores Improvement Act 1948, from the Department of Land and Water Conservation.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Brookvale Public School, corner Pittwater Road and Beacon Hill Road, Brookvale

The following heritage items of regional heritage significance are within this locality:

• Austral Brickworks, 48A Consul Road, Brookvale

• Milroy, 9 Elizabeth Place, Brookvale

• Bus Shelter, outside 800 Pittwater Road, Dee Why

LOCALITY F5 CURL CURL

DESIRED FUTURE CHARACTER

The Curl Curl locality will remain characterised by detached style housing in landscaped settings interspersed by existing apartment style housing and a range of complementary and compatible uses. The land containing the existing Bowling Club at Lot 2682 DP 752038 on Abbott Road and the land containing the existing Harbord Bowling Club at Lot 4 DP 601758 on Stirgess Avenue will continue to be used only for recreation facilities.

Future development will maintain the visual pattern and predominant scale of detached style housing in the locality. The streets are to be characterised by landscaped front gardens and front building setbacks which are consistent with surrounding development. The exposed natural sandstone rock outcrops throughout the locality will be maintained. Development on prominent hillsides or hilltops must be designed to integrate with the landscape, topography and long distance views of the hill. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing (except at existing bowling clubs at Abbott Road and Bennet Street)

• recreation facilities (at existing bowling clubs at Abbott Road and Bennet Street)

Development for the purpose of the following within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities, unless this Locality Statement provides otherwise

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• body repair workshops

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 450m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29,

(d) for housing located within a local retail centre.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Fig tree, Between 15 and 17 Bennett Street, Harbord

• Harbord Public School, cnr Wyadra Road and Oliver Street, Harbord

• Memorial Gateway, John Fisher Park, Abbott Road, North Curl Curl

• Street trees, Burilla Avenue, North Curl Curl

• Former “Windy Dropdown” (proposed Lot 10, as shown on a plan available at the office of the Council, of the subdivision of Lot 8 DP 224946 only), 1 Molong Street, North Curl Curl

• “Stewart House”, Carrington Parade, South Curl Curl

The following heritage items of regional heritage significance are within this locality:

• North Curl Curl Rock Pool, North Curl Curl Beach

• South Curl Curl Pool, South Curl Curl Beach

CONSERVATION AREAS

• Coastal Cliff between Dee Why Beach and Curl Curl Lagoon as shown on the map

• Coastal Cliffs between South Curl Curl Beach and Freshwater Beach as shown on the map

• Park on the corner of Amourin Street and Quiple Street, as shown on the map

Appendix G Manly Lagoon Catchment Locality Statements

LOCALITY G1 HARBORD INDUSTRIAL

DESIRED FUTURE CHARACTER

The Harbord Industrial locality will remain a small industrial and employment centre incorporating industries, warehouses and ancillary service uses.

New development or significant redevelopment will be designed to include landscaping to soften the visual impact of industrial buildings and other paved areas as viewed from the street.

Buildings will be sited and designed and the use of land managed to minimise interference or not interfere with the amenity of surrounding residential areas.

LAND USE

Category One

Development for the purpose of the following:

• industries

• warehouses

Category Two

Development for the purpose of the following:

• brothels

• child care centres

• community facilities

• hire establishments

• housing (where used in conjunction with industries or warehouses)

• motor showrooms

• places of worship

• recreation facilities

• registered clubs

• restaurants

• service stations

• shops (those which sell equipment, machinery or materials used by an industry or trade, including builders’ supply and hardware establishments, or which sell goods manufactured on the same land as the industry)

• vehicle body repair workshops

• vehicle repair stations

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• health consulting rooms

• hospitals

• hotels

• housing, unless this Locality Statement provides otherwise

• medical centres

• offices, unless this Locality Statement provides otherwise

• primary schools

• retail plant nurseries

• shops, unless this Locality Statement provides otherwise

• short term accommodation

• veterinary hospitals

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

The maximum height of buildings is 9 metres.

To measure the height of a building:

• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.

Front building setback

Development is to maintain a minimum front building setback. The minimum front building setback is 4 metres.

The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m².

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Prime Cleaning Supplies Pty Ltd commercial premises, 396 Pittwater Road, North Manly

LOCALITY G2 RIVERVIEW PARADE

DESIRED FUTURE CHARACTER

The Riverview Parade locality will remain characterised by detached style housing in landscaped settings interspersed by a range of complementary and compatible uses.

Future development will also maintain the visual pattern and predominant scale of detached style housing in the locality. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

Future extensions or additions to an existing dwelling are to be designed to complement the dwelling using materials and colours consistent with the existing dwelling.

Future development will use materials and colours sympathetic to the existing buildings of the locality.

Future development adjacent to Manly Lagoon will provide for adequate separation between buildings and the lagoon to ensure minimal visual impact, enhance the riparian zone and provide for flood storage.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• primary schools

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• body repair workshops

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 450m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling, or

(b) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29.

Building height

Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space).

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The minimum rear setback from boundaries adjoining Manly Lagoon is 15 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street or a boundary which adjoins Manly Lagoon up to any structure on the allotment.

The rear building setback does not apply to corner allotments other than those which adjoin Manly Lagoon.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area,

• exempt development only on allotments which adjoin Manly Lagoon.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted for development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• 401 Pittwater Road, North Manly

• 403 Pittwater Road, North Manly

• 405 Pittwater Road, North Manly

• Bus shelter, cnr Pittwater Road and Riverview Parade, North Manly

• Street trees, Riverview Parade, North Manly

LOCALITY G3 MANLY LAGOON SUBURBS

DESIRED FUTURE CHARACTER

The Manly Lagoon Suburbs locality will remain characterised by detached style housing with a pocket of apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses. The development of further apartment style housing will be confined to the “medium density areas” shown on the map. Substantial regional parklands and bushland will remain significant elements of the locality.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality except in areas marked as “medium density areas” on the map. The street will be characterised by landscaped front gardens and consistent building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The relationship of the locality with the surrounding bushland will be reinforced by protecting and enhancing the spread of indigenous tree canopy and preserving remnants of the natural landscape such as rock outcrops, bushland and natural watercourses. The use of materials that blend with the colours and textures of the natural landscape will be encouraged. Development on hillsides, or in the vicinity of ridgetops, will integrate with the natural landscape and topography.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing

Development for the purpose of the following only within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing for older people or people with disabilities (not on ground floor)

• housing (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29,

(d) within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls,

(e) for housing located within a local retail centre.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the medium density area, buildings are neither to exceed 2 storeys nor 8.5 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Outside the medium density areas the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope, and

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development outside medium density areas that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Frenchs Bullock Track, off Wakehurst Parkway, Forestville

• “Melrose”, 56 Harbord Road, Harbord

• 35 Marlborough Avenue, Harbord

• Street trees, cnr Condamine Street and Kentwell Road, Manly Vale

• St. Peters Church Hall, 1 King Street, Manly Vale

• 27 King Street, Manly Vale

• Bridge, Sloane Crescent, Manly Vale

• “Grandview”, 20 Daisy Street, North Balgowlah

• 66 Serpentine Crescent, North Balgowlah

• 23 Warringah Street, North Balgowlah

• House, 86 Gordon Street, Manly Vale

• 100 Bantry Bay Road, Frenchs Forest

CONSERVATION AREAS

• Manly Dam, King Street, Manly Vale, as shown on the map

LOCALITY G4 RODBOROUGH ROAD

DESIRED FUTURE CHARACTER

The Rodborough Road locality will continue to be developed as a high quality business park style employment area by ensuring development is set within generous landscaped areas, is sensitive to nearby housing and creates an attractive landscaped corridor along Warringah Road and the Wakehurst Parkway.

Future development will maintain the predominant scale of existing development in the locality.

Development is to include measures to minimise the potential impacts upon the water quality of Manly Dam.

LAND USE

Category One

Development for the purpose of the following:

• child care centres

• industries

• offices

• warehouses

Category Two

Development for the purpose of the following:

• brothels

• community facilities

• hire establishments

• housing (where used in conjunction with industries or warehouses)

• places of worship

• recreation facilities

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• health consulting rooms

• hospitals

• hotels

• housing, unless this Locality Statement provides otherwise

• medical centres

• motor showrooms

• primary schools

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback to Warringah Road and the Wakehurst Parkway is 30 metres.

The minimum front building setback to other roads is 10 metres.

The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways.

Landscaped open space

The minimum area of landscaped open space is one-third of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any areas with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

Site coverage

Buildings must not cover more than one-third of the site area.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m².

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C
Development for the purpose of business uses, offices and shops, being internal alterations to approved business premises, offices or shops.	As described in Schedule 12—Part D

LOCALITY G5 MANLY VALE CENTRE

DESIRED FUTURE CHARACTER

The Manly Vale Centre locality will be characterised by a mix of retail and business uses that may incorporate low-rise shop-top housing.

Condamine Street will be enhanced by ensuring the design of buildings and use of land maintains activity at street level and creates a cohesive and attractive streetscape. Vehicle access will be provided from streets other than Condamine Street.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• housing (not on ground floor)

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• entertainment facilities

• further education

• hire establishments

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• health consulting rooms

• hospitals

• hotels

• industries

• motor showrooms

• primary schools

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• housing for older people or people with disabilities (on ground floor)

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The ground floor of buildings must be aligned on the street frontage.

The minimum front building setback to the third floor is 5 metres.

Attached elements such as pergolas, sun control awnings and balcony balustrades which are composed of substantially transparent structures may encroach within the minimum front building setback area.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY G6 MANLY VALE BUSINESS

DESIRED FUTURE CHARACTER

The Manly Vale Business locality will be characterised by a mix of retail and business uses that may incorporate low-rise shop-top housing.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• hire establishments

• offices

• restaurants

• shops

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• entertainment facilities

• further education

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• places of worship

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• health consulting rooms

• hospitals

• hotels

• industries

• motor showrooms

• primary schools

• recreation facilities

• registered clubs

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• heliports

• housing for older people or people with disabilities (on ground floor)

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The ground floor of buildings must be aligned on the street frontage.

The minimum front building setback to the third floor is 5 metres.

Attached elements such as pergolas, sun control awnings and balcony balustrades which are composed of substantially transparent structures may encroach within the minimum front building setback area.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY G7 INNES ROAD

DESIRED FUTURE CHARACTER

The Innes Road locality will remain characterised by a mix of detached style housing and apartment style housing in landscaped settings interspersed by a range of complementary and compatible uses. The development of further apartment buildings within the locality will be confined to the “medium density areas” shown on the map.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality except in the areas marked as “medium density areas” on the map. In these medium density areas the scale of development is to relate favourably to existing apartment style housing in the area. The streets will be characterised by landscaped front gardens and consistent front building setbacks. The spread of indigenous tree canopy will be protected and enhanced throughout the locality. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

LAND USE

Category One

Development for the purpose of the following:

• housing

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• places of worship

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 600m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29,

(d) within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the medium density areas, buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Outside the medium density areas the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope,

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development outside medium density areas that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Within medium density areas, fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Former Ridley house, end of Lovett Street, Manly Vale

LOCALITY G8 QUEENSCLIFF

DESIRED FUTURE CHARACTER

The Queenscliff locality will remain characterised by a mix of detached style housing and apartment style housing in landscaped settings interspersed by complementary and compatible uses. The development of new apartment style housing will be restricted to the medium density areas shown on the map.

The quality of existing development in the Queenscliff locality is inconsistent and suffers as a result of poorly designed buildings which failed to respond to the prominence and natural qualities of this coastal headland and its relationship to the surrounding public spaces including nearby beaches and the parklands surrounding Manly Lagoon. Future development will be of an improved standard of design that addresses public streets and spaces, integrates with the landscape and topography, including rock outcrops and remnant bushland, and complements long distance views of the locality. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The opportunities for further development in Queenscliff will be limited.

The land bound by Queenscliff Road, Pittwater Road and the public accessway which links Queenscliff Road, may be developed for apartment style housing. Development on this land will be designed to minimise view loss from residences to the north and will maintain a view corridor through the site to Manly Lagoon. Development will present as two storeys when viewed from the section of Queenscliff Road shown in Diagram 8.1 available from the office of the Council, with any storey above being set back and providing the absolute height for the site. The bulk of the buildings will be reduced through stepping the building down the site and avoiding long continuous top floors. It is intended that vehicle access to Queenscliff Road will be shared with 166 Queenscliff Road and 366 Pittwater Road.

The locality will continue to be served by the existing local retail centre shown on the map. Future development in this centre will be in accordance with the general principles of development control provided in clause 39.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing

Development for the purpose of the following only within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• housing for older people or people with disabilities

• primary schools

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• hire establishments

• hotels

• industries

• medical centres

• motor showrooms

• offices

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 450m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29,

(d) within the “medium density areas” shown on the map, where the housing density will be determined by the way the design responds to the general principles of development control, the desired future character of the locality and the other built form controls,

(e) for housing located within a local retail centre.

Building height

Except within the areas shown as “medium density areas” on the map:

• buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below, and

• buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20% within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.

Within the area bounded by Queenscliff Road, Pittwater Road and the public accessway which links Queenscliff Road with Pittwater Road, buildings are neither to exceed 3 storeys nor 10 metres when viewed from the section of Queenscliff Road shown in Diagram 8.1. The third storey will be set back so as not to protrude beyond a 45 degree view line from Queenscliff Road. Buildings over the site will progressively be reduced from this height as the opportunity is provided.

Within the remaining medium density areas, buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, basements, carparking or site facilities other than driveways, letterboxes, and garbage storage areas.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres except along the area shown in Diagram 8.1 where the existing sideslope cutting provides the setback.

The rear building setback area is to be landscaped and free of any above or below ground structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

Outside the medium density areas the rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

• light fittings, electricity or gas meters, or other services, infrastructure and structures not more than 1 metre above natural ground level (including steps, landings, ramps and stormwater structures) may encroach beyond the required setback to within a minimum distance of 2 metres of a rear boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a rear boundary.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre except within the medium density areas where the minimum setback from a building to a side boundary is 4.5 metres.

To measure the side boundary envelope and side setback outside the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Outside medium density areas:

• fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope,

• screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.

Consent may be granted for development outside medium density areas that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

To measure side boundary envelope and side setback within the medium density areas:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

• light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level including steps, landings, pedestrian ramps and stormwater structures may encroach beyond the required setback to within a minimum of 2 metres of a side boundary, and

• entrance and stair lobbies at ground floor level may encroach beyond the required setback to within a minimum of 2 metres of a side boundary.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area, except within medium density areas where the minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• 26 Cavill Street, Harbord

• 21 Dalley Street, Queenscliff

• “San Marino”, 49 Greycliffe Street, Queenscliff

• Sewer Vent, Queenscliff Road, Queenscliff

• 56 Queenscliff Road, Queenscliff

• Queenscliff tunnel, Queenscliff

The following heritage items of regional heritage significance are within this locality:

• Queenscliff Rock Pool, Queenscliff Beach

CONSERVATION AREAS

• Coastal Cliff as shown on the map

LOCALITY G9 WARRINGAH MALL

DESIRED FUTURE CHARACTER

The Warringah Mall locality will continue to provide a range of retail, leisure, community and ancillary services catering for the needs of the surrounding region. However, if retail development is to expand beyond its current approved size regard must be had to any detailed and approved masterplan that includes an assessment of social and economic impacts for the site.

LAND USE

Category One

Nil.

Category Two

Development for the purpose of the following:

• business premises

• child care centres

• community facilities

• entertainment facilities

• health consulting rooms

• hotels

• medical centres

• offices

• places of worship

• recreation facilities

• restaurants

• service stations

• shops

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• further education

• hire establishments

• hospitals

• industries

• motor showrooms

• primary schools

• registered clubs

• retail plant nurseries

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

LOCALITY G10 BROOKVALE INDUSTRIAL WEST

DESIRED FUTURE CHARACTER

The Brookvale Industrial West locality will remain an industrial and employment centre incorporating industries, warehouses and ancillary service uses.

Allotments are to be consolidated where necessary to ensure the development of one allotment will not render an adjoining allotment unsuitable for development.

LAND USE

Category One

Development for the purpose of the following:

• industries

• warehouses

Category Two

Development for the purpose of the following:

• brothels

• child care centres

• community facilities

• hire establishments

• housing (where used in conjunction with industries or warehouses)

• motor showrooms

• offices

• places of worship

• recreation facilities

• registered clubs

• restaurants

• shops (those which sell equipment, machinery or materials used by an industry or trade, including builders’ supply and hardware establishments, or which sell goods manufactured on the same land as the industry producing them)

• service stations

• vehicle body repair workshops

• vehicle repair stations

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• further education

• health consulting rooms

• hospitals

• hotels

• housing, unless this Locality Statement provides otherwise

• medical centres

• primary schools

• retail plant nurseries

• shops, unless this Locality Statement provides otherwise

• short term accommodation

• veterinary hospitals

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• extractive industries

• heliports

• housing for older people or people with disabilities

• potentially hazardous industries

• potentially offensive industries

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

The maximum height of buildings is 11 metres.

To measure the height of a building:

• height is the distance measured vertically between any point on the topmost ceiling of the building and natural ground level below.

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 4.5 metres.

The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways.

Subdivision

The minimum allotment area for any allotment resulting from the subdivision of land is 4,000m².

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Industrial uses, being: • a different use resulting from a change of use from one type of approved industry or warehouse to another type of industry or warehouse. • alterations to approved industrial and warehouse buildings.	As described in Schedule 12—Part C

LOCALITY G11 AQUATIC DRIVE

DESIRED FUTURE CHARACTER

The Aquatic Drive locality will be characterised by a mix of bushland and a variety of low intensity uses to protect the sensitive nature of the locality. The land shown cross-hatched on the map contains areas of threatened species and vegetation communities and is to remain undisturbed and undeveloped unless it can be demonstrated that the development will have no impact on these species and communities.

The locality has two distinct components. The eastern side is characterised by various buildings and associated carparking areas interspersed by landscaping and occasional remnant bushland. Future development here is to be sited and designed to ensure impacts, upon the residential locality to the east, are minimised and managed. The western side of the locality is dominated by remnant bushland interspersed by occasional development.

The relationship of development in the entire locality with bushland both outside and within the locality will be reinforced by protecting and enhancing the spread of indigenous tree canopy and preserving the natural landscape, including rock outcrops and remnant bushland. New landscaping works are to comprise predominantly endemic species. Development is to be designed and sited to ensure that long distance views of the locality are not dominated by the built form. The textures, colours and design of new development is to also complement the existing bushland both within and outside the locality.

Development is not to compromise the viability of threatened or potentially threatened species, populations or habitats within the locality. Potential “edge effects” of development on these species, communities, populations and/or habitats are to be minimised and managed.

Existing creeks and natural watercourses are to remain undeveloped and are to include a riparian buffer zone comprising appropriate vegetation.

Development is to include measures to minimise the potential impacts upon the water quality of Manly Dam.

LAND USE

Category One

Nil

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• hospitals

• housing (only on Lot 2854 DP 822350)

• housing for older people or people with disabilities

• primary schools (only on Lot 2833 DP 729693)

• industry, warehouses and further education (for people with disabilities, on Lot 2782 and land east of Lot 3 DP 829747 and Lot 2854 DP 822350)

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• business premises

• entertainment facilities

• health consulting rooms

• hire establishments

• hotels

• housing, unless this Locality Statement provides otherwise

• industries, unless this Locality Statement provides otherwise

• medical centres

• motor showrooms

• offices

• places of worship

• primary schools, unless this Locality Statement provides otherwise

• recreation facilities

• registered clubs

• restaurants

• retail plant nurseries

• service stations

• shops

• short term accommodation

• vehicle repair stations

• veterinary hospitals

• warehouses, unless this Locality Statement provides otherwise

Development of the land shown cross-hatched on the map otherwise than for the purpose of bushfire hazard reduction.

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is one dwelling per allotment on the site commonly referred to as the “Ardel” site (approved subdivision of Lot 2854 DP 822350, Land and Environment Court proceeding No 10427 of 1997 and Nos 10739, 10740, 10741 of 1999).

Granny flats area not considered to be a dwelling and are limited to one per allotment.

Building height

Front building setback

Development is to maintain a minimum front setback of 10 metres to any public street, except on allotments with a site area less than 735m² where setbacks are to be compatible with surrounding development.

The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Side boundary envelope

On allotments with a site area less than 735m², buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 4 metres above natural ground level at the side boundaries.

To measure the side boundary envelope:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Landscaped open space

The minimum area of landscaped open space is 50 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

Appendix H Harbord Locality Statements

LOCALITY H1 FRESHWATER BEACH

DESIRED FUTURE CHARACTER

The Freshwater Beach locality will remain characterised by detached style housing in landscaped settings interspersed by existing apartment style housing and a range of complementary and compatible uses.

Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality except for the Harbord Diggers Club. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.

The locality contains hillsides and elevated landforms, prominent coastal headlands and cliffs and remnant vegetation. These elements will be protected from development that would detract from their visual and natural qualities, presenting in some parts of the locality a constraint to further development.

The Harbord Diggers Club will continue to cater for the recreational and leisure needs of the community. If the existing approved building and carparking areas are to be expanded, regard must be had to any approved and detailed masterplan for the site. Such a masterplan is to address issues such as views, visual impact, natural features, management of traffic and impact upon the amenity of the locality.

LAND USE

Category One

Development for the purpose of the following except within the local retail centres shown on the map:

• housing

Development for the purpose of the following only within the local retail centres shown on the map:

• business premises

• health consulting rooms

• housing (not on ground floor)

• housing for older people or people with disabilities (not on ground floor)

• medical centres

• offices

• restaurants

• shops

Note—

With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• further education

• health consulting rooms

• hospitals

• hotels (on the site of Harbord Hotel)

• housing for older people or people with disabilities

• places of worship

• primary schools

• registered clubs (on sites of such clubs when this plan commenced)

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• entertainment facilities

• extractive industries

• hire establishments

• hotels

• industries

• motor showrooms

• recreation facilities

• retail plant nurseries

• service stations

• short term accommodation

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Housing density

The maximum housing density is 1 dwelling per 450m² of site area.

To measure housing density:

• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,

• the site is the allotment which existed on the day this plan came into effect,

• granny flats are not considered to be a dwelling and are limited to one per allotment.

This control does not apply:

(a) where this standard would prevent an existing allotment accommodating one dwelling,

(b) (Repealed)

(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29,

(d) for housing located within a local retail centre.

Building height

Front building setback

Development is to maintain a minimum front building setback.

The minimum front building setback is 6.5 metres.

The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.

Consent may be granted for development to be carried out within the minimum front building setback:

• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or

• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.

Rear building setback

The minimum rear building setback is 6 metres.

The rear building setback area is to be landscaped and free of any structures.

To measure the rear building setback:

• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.

The rear building setback does not apply to corner allotments.

The rear building setback may be encroached by:

• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.

Setback to coastal cliffs

The map shows a minimum building setback adjacent to the cliff near Pavilion Street. The area between the minimum building setback and cliff is to be free of any buildings or structures and landscaped using predominantly indigenous vegetation.

Side boundary envelope and side setback

Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.

The minimum setback from a building to a side boundary is 0.9 metre.

To measure the side boundary envelope and side setback:

• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.

Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.

Consent may be granted to development that, to a minor extent, does not comply with:

• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or

• the side setback, to allow a single storey outbuilding, carport, pergola or the like.

Landscaped open space

The minimum area of landscaped open space is 40 per cent of the site area.

To measure an area of landscaped open space:

• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,

• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,

• landscaped open space must be at ground level,

• the minimum soil depth of land that can be landscaped open space is 1 metre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Single storey detached houses, being: • construction of new single storey houses. • alterations to single storey houses. • additions to single storey houses. • construction of carports, garages and outbuildings associated with a dwelling.	As described in Schedule 12—Part A
Attached houses and apartment buildings, being: • internal alterations to attached houses and apartment buildings (excluding balcony enclosures and other devices which are externally visible). • construction of garages associated with these residential buildings. • outbuildings associated with these residential buildings.	As described in Schedule 12—Part A
Swimming pools	As described in Schedule 12—Part B
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Harbord Uniting Church, cnr Albert Street and Oceanview Road, Harbord

• Street trees, Kooloora Avenue, Harbord

• “Felicita”, 46 Kooloora Avenue, Harbord

• Harbord Beach Hotel, cnr Moore Road and Charles Street, Harbord

• Street trees, Soldiers Avenue, Harbord

• “Freshwater” Restaurant, 80 Undercliff Road, Harbord

• Harbord Public School, cnr Wyadra Road and Oliver Street, Harbord

• Jacka Park Memorial Garden, cnr Wyndora Avenue and Oliver Street, Harbord

• Street trees, Wyuna Avenue, Harbord

• 17A Crown Road, Queenscliff

• Pandanas Art Gallery and Café, 31–33 Crown Road, Queenscliff

• Front sandstone boundary wall and rear sandstone retaining wall, 31 Pavilion Street, Queenscliff

• Rear sandstone retaining wall and sandstone access stairway, 33 Pavilion Street, Queenscliff

• Freshwater View Reserve, Pavilion Street, Queenscliff

• Freshwater Surf Life Saving Club, Freshwater Beach, Harbord

The following heritage items of regional heritage significance are within this locality:

• Freshwater Rock Pool, Freshwater Beach, Harbord

• Duke Kahanamoku Statue and Memorial Park, Lumsdaine Drive, Harbord

CONSERVATION AREAS

• Coastal Cliffs between South Curl Curl Beach and Freshwater Beach as shown on the map

• Coastal Cliffs on southern side of Freshwater Beach as shown on the map

LOCALITY H2 HARBORD VILLAGE

DESIRED FUTURE CHARACTER

The Harbord Village will retain its retail character incorporating a mix of small retail and business uses with low-rise shop-top housing. A range of retailing and after-hours activities at street level will reinforce the character of the village.

Future development will maintain the continuity of existing building facades ensuring that they are broken into distinct vertical segments reflecting the traditional pattern of shopfront development. The design and treatment of buildings will also reflect the exposed nature of the locality incorporating continuous footpath awnings and creating a pedestrian environment which is safe, comfortable and interesting. Commercial use of part of the footpath for outdoor eating is appropriate.

The ground floor of buildings will be predominantly used for business purposes while upper floors may be used for housing. Building design will enable the first floor to be adapted for business use in the future.

Buildings greater than 2 storeys in height are to be designed so that the massing is substantially reduced on the top floor thereby reducing the visual bulk of the development and enabling views between buildings.

LAND USE

Category One

Development for the purpose of the following:

• business premises

• health consulting rooms

• housing (not on ground floor)

• medical centres

• offices

• shops

• restaurants

Category Two

Development for the purpose of the following:

• child care centres

• community facilities

• entertainment facilities

• further education

• hotels

• housing for older people or people with disabilities (not on ground floor)

• places of worship

• recreation facilities

• registered clubs

• short term accommodation

• veterinary hospitals

• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3

Category Three

Development for the purpose of the following:

• agriculture

• animal boarding or training establishments

• bulky goods shops

• extractive industries

• hire establishments

• hospitals

• industries

• motor showrooms

• primary schools

• retail plant nurseries

• service stations

• vehicle repair stations

• warehouses

PROHIBITED DEVELOPMENT

Development for the purpose of the following is prohibited within this locality:

• brothels

• extractive industries

• heliports

• potentially hazardous industries

• potentially offensive industries

• vehicle body repair workshops

Canal estate development is also prohibited within this locality.

BUILT FORM

Building height

Buildings are neither to exceed 3 storeys nor 11 metres.

Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.

To measure the height of a building:

• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,

• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,

• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,

• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.

Front building setback

Development is to maintain a minimum front building setback. The ground floor of buildings must be aligned on the street frontage.

The minimum front building setback to any third storey is 5 metres.

Attached elements such as pergolas, sun control awnings and balcony balustrades which are composed of substantially transparent structures may encroach within the minimum front building setback area.

Footpath awnings

Footpath awnings must be incorporated into the design of buildings to provide shelter to pedestrians and help reinforce the human scale of the Harbord Centre.

COMPLYING DEVELOPMENT

Column A	Column B
Development for the purpose of:
Business uses, offices and shops, being: • a different use resulting from a change of use from one type of approved business, office or shop use to another type of business, office or shop use. • internal alterations to business premises, offices and shops.	As described in Schedule 12—Part D

HERITAGE ITEMS

The following heritage items of local heritage significance are within this locality:

• Harbord Literary Institute, cnr Lawrence Street and Oliver Street, Harbord

• Early Childhood Health Centre, 29 Lawrence Street, Harbord

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Warringah Local Environmental Plan 2000

Class of land as shown on Acid Sulfate Soils Hazard 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 on land below the 10 metre AHD contour and within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land

Land use	Maximum area (1 street frontage)	Maximum area (more than 1 street frontage)
Business uses	1 m² for every 5 m frontage of a building up to a maximum of 4 m²	1 m² for every 8 m frontage of a building up to a maximum of 4 m²
Industrial and warehouse uses	1 m² for every 2 m frontage of a building up to a maximum of 8 m²	1 m² for every 4 m frontage of a building up to a maximum of 8 m²

Housing type	Area and minimum dimensions
Dwellings (other than apartment style housing) located at ground level with 1 or 2 bedrooms	a total of 35m² with minimum dimensions of 3 metres
Dwellings (other than apartment style housing) located at ground level with 3 or more bedrooms	a total of 60m² with minimum dimensions of 5 metres
Apartment style housing (excluding town houses and villa homes)	10m² with minimum dimensions of 2.5 metres

Type of carparking space	Width and length
Single Open	2.7m × 5.4m
Double Open	5.4m × 5.4m
Single Enclosed	3.0m × 5.4m
Double Enclosed	5.6m × 5.4m

Number of lots to be serviced	Width of clear constructed accessway (m)*
1–5	3.5
6–10	5.0
in excess of 10	access should be provided by a private or public road constructed with a width that is in accordance with Council standard specifications for engineering works (AUSPEC 1)