Part 1 Preliminary
1.1 Name of Plan
This Plan is Canada Bay Local Environmental Plan 2008.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Canada Bay in accordance with the relevant standard environmental planning instrument under section 33A of the Act.(2) The particular aims of this Plan are as follows:(a) to create a land use framework that allows detailed provisions to be made,(b) to maintain and enhance the existing amenity and quality of life of the local community,(c) to protect areas from inappropriate development,(d) to ensure development embraces the principles of:(i) ecological sustainability, and(ii) quality urban design,(e) to identify and conserve those items and localities that contribute to the local, built form, environmental and cultural heritage of Canada Bay,(f) to promote opportunities for social, cultural and community activities,(g) to protect and manage areas of remnant bushland, natural watercourses and threatened species,(h) to provide measures to retain, and where possible to extend, public access to the foreshore areas of Canada Bay and to control development in those areas,(i) to provide effective community participation and consultation for planning and development,(j) to provide clarity and certainty for the community and development applicants, while allowing flexibility to respond to changing needs.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.(1A) Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”, being land that is excluded from this Plan under section 68 (5) or 70 (4) of the Act.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:(a) approved by the Minister when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.Note—The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the Department of Planning’s website.
1.8 Repeal of other local planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.(2A) Despite their repeal, the following continue to apply to the land marked “Deferred matter” on the Land Application Map:(a) Concord Planning Scheme Ordinance,
1.8A Savings provision relating to pending development approvals
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.
1.9 Application of SEPPs and REPs
(1) This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan as provided by section 36 of the Act.Note—Section 36 of the Act generally provides that SEPPs prevail over REPs and LEPs and that REPs prevail over LEPs. However, a LEP may (by an additional provision included in the Plan) displace or amend a SEPP or REP to deal specifically with the relationship between this Plan and the SEPP or REP.(2) The following State environmental planning policies and regional environmental plans (or provisions) do not apply to the land to which this Plan applies:State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clauses 6 and 10, and Parts 3 and 4)
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply:(a) to a covenant imposed by the Council or that the Council requires to be imposed, or(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows:Residential ZonesR1 General ResidentialR2 Low Density ResidentialR3 Medium Density ResidentialBusiness ZonesB1 Neighbourhood CentreB3 Commercial CoreB4 Mixed UseB6 Enterprise CorridorB7 Business ParkIndustrial ZonesIN1 General IndustrialSpecial Purpose ZonesSP2 InfrastructureRecreation ZonesRE1 Public RecreationRE2 Private Recreation
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and land use table
(1) The Table at the end of this Part specifies for each zone:(a) the objectives for development, and(b) development that may be carried out without consent, and(c) development that may be carried out only with consent, and(d) development that is prohibited.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.(3) In the Table at the end of this Part:(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.(4) This clause is subject to the other provisions of this Plan.Notes—1Schedule 1 sets out additional permitted uses for particular land.2Schedule 2 sets out exempt development (that is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.3Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).4Clause 2.6 requires consent for subdivision of land.5Part 5 contains other provisions that require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with consent.(2) Before granting consent, the consent authority:(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out:(a) with consent, orin accordance with the conditions (if any) specified in that Schedule in relation to that development.(b) if the Schedule so provides—without consent,(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with consent.(2) However, consent is not required for a subdivision for the purpose only of any one or more of the following:(a) widening a public road,(b) a minor realignment of boundaries that does not create:(i) additional lots or the opportunity for additional dwellings, or(ii) lots that are smaller than the minimum size shown on the Lot Size Map in relation to the land concerned,(c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,(d) rectifying an encroachment on a lot,(e) creating a public reserve,(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.Note—If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.Also, certain dual occupancies cannot be subdivided, see Part 6.
2.6A Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary purpose for a maximum period of 182 days (whether or not consecutive days) in any period of 12 months.(3) Development consent must not be granted unless the consent authority is satisfied that:(a) the temporary use is necessary and reasonable for the economic use of the land pending its subsequent development in accordance with this Plan and other relevant environmental planning instruments, and(b) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any such other instrument, and(c) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and(d) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and(e) at the end of the temporary use period, the use and any associated structures will be removed and the site appropriately restored.
Land Use Table
Zone R1 General Residential
1 Objectives of zone• To provide for the housing needs of the community.• To provide for a variety of housing types and densities.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.2 Permitted without consentHome-based child care; Home occupations3 Permitted with consentAttached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Boat repair facilities; Boat sheds; Building identification signs; Business identification signs; Business premises (other than restricted premises and timber and building supplies); Car parks; Child care centres; Community facilities; Demolition; Drainage; Dual occupancies; Dwelling houses; Earthworks; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Group homes; Home businesses; Home industries; Hospitals; Hostels; Hotel or motel accommodation; Information and education facilities; Jetties; Light industries; Marinas; Multi dwelling housing; Neighbourhood shops; Office premises; Places of public worship; Public administration buildings; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential care facilities; Residential flat buildings; Retail premises; Roads; Schools; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Shop top housing; Swimming pools; Telecommunications facilities; Vehicle repair stations; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Zone R2 Low Density Residential
1 Objectives of zone• To provide for the housing needs of the community within a low density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To ensure that landscaping is maintained and enhanced as a major element in the residential environment.2 Permitted without consentHome-based child care; Home occupations3 Permitted with consentBed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Child care centres; Community facilities; Demolition; Drainage; Dual occupancies; Dwelling houses; Earthworks; Exhibition homes; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Places of public worship; Public utility undertakings; Recreation areas; Roads; Schools; Semi-detached dwellings; Swimming pools; Telecommunications facilities; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Zone R3 Medium Density Residential
1 Objectives of zone• To provide for the housing needs of the community within a medium density residential environment.• To provide a variety of housing types within a medium density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To facilitate public access to and along the foreshore.2 Permitted without consentHome-based child care; Home occupations3 Permitted with consentAttached dwellings; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Boarding houses; Child care centres; Community facilities; Demolition; Drainage; Dual occupancies; Dwelling houses; Earthworks; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Multi dwelling housing; Neighbourhood shops; Places of public worship; Public utility undertakings; Recreation areas; Residential care facilities; Residential flat buildings; Roads; Schools; Semi-detached dwellings; Seniors housing; Swimming pools; Telecommunications facilities; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Zone B1 Neighbourhood Centre
1 Objectives of zone• To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.2 Permitted without consentHome-based child care; Home occupations3 Permitted with consentBoarding houses; Building identification signs; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Emergency services facilities; Hotel or motel accommodation; Information and education facilities; Light industries; Neighbourhood shops; Office premises; Places of public worship; Public utility undertakings; Retail premises (other than restricted premises); Roads; Service stations; Shop top housing; Telecommunications facilities; Vehicle repair stations; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Zone B3 Commercial Core
1 Objectives of zone• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.• To encourage appropriate employment opportunities in accessible locations.• To maximise public transport patronage and encourage walking and cycling.2 Permitted without consentNil3 Permitted with consentAmusement centres; Building identification signs; Bulky goods premises; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Demolition; Earthworks; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Nightclubs; Office premises; Passenger transport facilities; Public administration buildings; Public utility undertakings; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Schools; Service stations; Telecommunications facilities; Tourist and visitor accommodation; Vehicle repair stations; Water recycling facilities; Wholesale supplies4 ProhibitedAny development not specified in item 2 or 3
Zone B4 Mixed Use
1 Objectives of zone• To provide a mixture of compatible land uses.• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.2 Permitted without consentHome-based child care; Home occupations3 Permitted with consentAmusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Bulky goods premises; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Home businesses; Home industries; Hospitals; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Marinas; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential care facilities; Retail premises; Roads; Schools; Seniors housing; Service stations; Serviced apartments; Sex services premises; Shop top housing; Swimming pools; Telecommunications facilities; Vehicle repair stations; Water recycling facilities; Wholesale supplies4 ProhibitedAny development not specified in item 2 or 3
Zone B6 Enterprise Corridor
1 Objectives of zone• To promote businesses along main roads and to encourage a mix of compatible uses.• To provide a range of employment uses (including business, office, retail and light industrial uses) and residential uses (but only as part of a mixed use development).• To maintain the economic strength of centres by limiting retailing activity.2 Permitted without consentHome-based child care; Home occupations3 Permitted with consentAdvertisements; Advertising structures; Building identification signs; Bulky goods premises; Business identification signs; Business premises; Car parks; Community facilities; Demolition; Drainage; Earthworks; Emergency services facilities; Hotel or motel accommodation; Information and education facilities; Landscape and garden supplies; Light industries; Medical centres; Neighbourhood shops; Office premises; Passenger transport facilities; Places of public worship; Public utility undertakings; Pubs; Residential flat buildings; Retail premises (other than restricted premises); Roads; Schools; Self-storage units; Seniors housing; Service stations; Serviced apartments; Shop top housing; Storage premises; Swimming pools; Telecommunications facilities; Timber and building supplies; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water recycling facilities; Wholesale supplies4 ProhibitedAny development not specified in item 2 or 3
Zone B7 Business Park
1 Objectives of zone• To provide a range of office and light industrial uses.• To encourage employment opportunities.• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.• To encourage the erection of buildings suited to development requiring large floor areas, and to discourage small scale uses unless they are of an ancillary or service nature.• To provide for site planning and layout that includes landscaped set backs to major roads and residential areas and modern building forms.• To enable the grouping of activities and, where practicable, the sharing of facilities.• For land zoned B7 Business Park bounded by Concord Road, Mary Street, Homebush Bay Drive and the Main Northern Railway, Rhodes, to ensure that any new development is complementary in scale, siting, form, materials, landscaping and height with the buildings on the eastern side of the Main Northern Railway.• To ensure that land in the zone will only be developed if the consent authority is satisfied that there will be no detriment to the environment and the amenity of surrounding residential areas.• To facilitate public access throughout the zone.2 Permitted without consentNil3 Permitted with consentBuilding identification signs; Business identification signs; Child care centres; Demolition; Earthworks; Food and drink premises; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Public utility undertakings; Recreation facilities (indoor); Roads; Telecommunications facilities; Warehouse or distribution centres; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Zone IN1 General Industrial
1 Objectives of zone• To provide a wide range of industrial and warehouse land uses.• To encourage employment opportunities.• To minimise any adverse effect of industry on other land uses.• To recognise the close proximity of this zone to adjoining residential areas and to reduce potential conflict between industrial and residential uses.2 Permitted without consentNil3 Permitted with consentAdvertisements; Advertising structures; Animal boarding or training establishments; Biosolids treatment facilities; Building identification signs; Business identification signs; Car parks; Community facilities; Demolition; Depots; Earthworks; Emergency services facilities; Freight transport facilities; Horticulture; Industrial retail outlets; Landscape and garden supplies; Light industries; Liquid fuel depots; Materials recycling and recovery centres; Medical centres; Mortuaries; Neighbourhood shops; Passenger transport facilities; Public utility undertakings; Recreation areas; Recreational facilities (indoor); Recreational facilities (outdoor); Resource recovery facilities; Roads; Self-storage units; Service stations; Storage premises; Telecommunications facilities; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Waste or resource management facilities; Waste or resource transfer stations; Water recycling facilities; Water treatment facilities; Wholesale supplies4 ProhibitedAny development not specified in item 2 or 3
Zone SP2 Infrastructure
1 Objectives of zone• To provide for infrastructure and related uses.• To prevent development that is not compatible with or that may detract from the provision of infrastructure.2 Permitted without consentNil3 Permitted with consentThe purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Biosolids treatment facilities; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Emergency services facilities; Hospitals; Information and education facilities; Public utility undertakings; Roads; Telecommunications facilities; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Zone RE1 Public Recreation
1 Objectives of zone• To enable land to be used for public open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.• To facilitate public access to and along the foreshore.2 Permitted without consentNil3 Permitted with consentBiosolids treatment facilities; Boat sheds; Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Environmental protection works; Information and education facilities; Jetties; Kiosks; Marinas; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads; Take away food or drink premises; Telecommunications facilities; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Zone RE2 Private Recreation
1 Objectives of zone• To enable land to be used for private open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.2 Permitted without consentNil3 Permitted with consentBiosolids treatment facilities; Boat sheds; Car parks; Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Environmental protection works; Jetties; Kiosks; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Telecommunications facilities; Water recycling facilities4 ProhibitedAny development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1 Exempt development
Note—Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.The section states that exempt development:(a) must be of minimal environmental impact, and(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.(2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.(3) To be exempt development, the development:(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and(c) must not be designated development, and(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and(e) must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 3.3).(3A) To be exempt development, the development also:(a) if it involves the demolition of a building, must only be carried out between 7:00am and 5:00pm, Monday to Friday and not on a public holiday, and(b) must not contravene any condition of a development consent already applying to the land, and(c) must not obstruct drainage of the site on which it is carried out, and(d) must not restrict vehicular or pedestrian access to or from the site, and(e) must not require a tree to be removed, and(f) must not be carried out forward of the front alignment of the main building (if any) on the site, if the proposed development is in a heritage conservation area or on land on which there is a heritage item (other than driveways or pathways, paving, flagpoles, public works and scaffolding), and(g) must not involve alterations or additions (including attaching any structure) to a heritage item, and(h) must not be located on the front slope of the roof of a heritage item or be visible from a public place on land on which there is a heritage item or in a heritage conservation area, if the development involves roof ventilators, skylight windows, satellite dishes, television aerials, microwave antennae or water heaters.(4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:(a) the building has a current fire safety certificate or fire safety statement, or(b) no fire safety measures are currently implemented, required or proposed for the building.
3.2 Complying development
Note—Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.The section states that development cannot be complying development if:(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or(c) the development is designated development, or(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995), or(f) the development is on land identified as an environmentally sensitive area.(1) The objective of this clause is to identify development as complying development.(2) Development specified in Part 1 of Schedule 3 that is carried out in compliance with:(a) the development standards specified in relation to that development, andis complying development.(b) the requirements of this Part,Note—See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.(3) To be complying development, the development must:(a) be permissible, with consent, in the zone in which it is carried out, and(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.(3A) To be complying development, the development also:(a) must not contravene any condition of a development consent already applying to the land, and(c) must be carried out at least one metre from any easement or sewer, and(d) must not be carried out in the foreshore and waterways area within the meaning of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.(4) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out in Part 2 of that Schedule.
3.3 Environmentally sensitive areas excluded
(1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.(2) For the purposes of this clause:environmentally sensitive area for exempt or complying development means any of the following:(a) the coastal waters of the State,(b) a coastal lake,(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,(h) land reserved as a state conservation area under the National Parks and Wildlife Act 1974,(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1 Minimum subdivision lot size
(1) The objectives of this clause are as follows:(a) to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,(b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,(c) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls,(d) to ensure that lot sizes and dimensions allow dwellings to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views.(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
4.2 Rural subdivision
[Not applicable]
4.3 Height of buildings
(1) The objectives of this clause are as follows:(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,(c) to minimise the adverse impact of development on heritage conservation areas and heritage items,(d) to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities.(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4 Floor space ratio
(1) The objectives of this clause are as follows:(a) to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality,(b) to minimise the adverse impact of development on heritage conservation areas and heritage items,(c) to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities.(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.4A Drummoyne Commercial Centre floor space ratio
(1) Despite clause 4.4 (2), the floor space ratio for a building on land in Areas 1, 2, 3, 4, 5 and 6 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause.(2) The maximum floor space ratio in respect of Area 3 applies only if the site concerned fronts Formosa Street.
4.4B Five Dock Commercial Centre floor space ratio
(1) Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 2.0:1.(2) Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 2.5:1.
4.4C Majors Bay Road Commercial Centre floor space ratio
(1) Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 1.5:1.(2) Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 1.8:1.
4.4D Mortlake Point floor space ratio
(1) Despite clause 4.4 (2), the floor space ratio for a building on land in Area 9 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause.(2) For the purposes of the Table:residential development means development for the purpose of a dwelling house, residential flat building or swimming pool, and includes development that is ancillary (with or without consent) to those purposes, or permitted to be carried out in relation to development for those purposes.non-residential development means development for a purpose other than residential development.mixed use development means development for 2 or more purposes that are not prohibited.
4.5 Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows:(a) to define floor space ratio,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and(iii) require community land and public places to be dealt with separately.(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:(a) if the proposed development is to be carried out on only one lot, the area of that lot, or(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.(4) Exclusions from site area The following land must be excluded from the site area:(a) land on which the proposed development is prohibited, whether under this Plan or any other law,(b) community land or a public place (except as provided by subclause (7)).(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.(9) Covenants to prevent “double dipping” When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.(10) Covenants affect consolidated sites If:(a) a covenant of the kind referred to in subclause (9) applies to any land (affected land), andthe maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6 Exceptions to development standards
(1) The objectives of this clause are:(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) that there are sufficient environmental planning grounds to justify contravening the development standard.(4) Consent must not be granted for development that contravenes a development standard unless:(a) the consent authority is satisfied that:(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and(b) the concurrence of the Director-General has been obtained.(5) In deciding whether to grant concurrence, the Director-General must consider:(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and(b) the public benefit of maintaining the development standard, and(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.(6) Consent must not be granted under this clause for a subdivision of land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4 if:(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).(8) This clause does not allow consent to be granted for development that would contravene any of the following:(a) a development standard for complying development,(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,(c) clause 5.4.
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).Note—If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
5.2 Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.Note—Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.(2) The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.(3) The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.(4) The public land described in Part 1 of Schedule 4:(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.(5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and(b) any reservations that except land out of the Crown grant relating to the land, and(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).Note—In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3 Development near zone boundaries
(1) The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.(2) This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres.(3) This clause does not apply to:(a) land zoned RE1 Public Recreation, E1 National Parks and Nature Reserves, E2 Environmental Conservation, E3 Environmental Management or W1 Natural Waterways, or(b) land within the coastal zone, or(c) land proposed to be developed for the purpose of sex services or restricted premises.(4) Despite the provisions of this Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:(a) the development is not inconsistent with the objectives for development in both zones, and(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.(5) The clause does not prescribe a development standard that may be varied under this Plan.
5.4 Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:(a) 30% of the combined gross floor area of the industrial retail outlet and the building or place on which the relevant industry is carried out, orwhichever is the lesser.(b) 400 square metres,(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 square metres.(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:(a) 60 square metres,(b) 40% of the total floor area of both the self-contained dwelling and the principal dwelling.
5.5 Development within the coastal zone
[Not applicable]
5.6 Architectural roof features
(1) The objectives of this clause are:(a) to ensure that architectural roof features to which this clause applies are decorative elements only, and(b) to ensure that the majority of the roof features are contained within the prescribed building height.(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with consent.(3) Development consent must not be granted to any such development unless the consent authority is satisfied that:(a) the architectural roof feature:(i) comprises a decorative element on the uppermost portion of a building, and(ii) is not an advertising structure, and(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and(iv) will cause minimal overshadowing, and(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7 Development below mean high water mark
(1) The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.(2) Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8 Conversion of fire alarms
(1) This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.(2) The following development may be carried out, but only with consent:(a) converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.(3) Development to which subclause (2) applies is complying development if it consists only of:(a) internal alterations to a building, or(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.(5) In this clause:private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.
5.9 Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.(2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.Note—A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.(3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:(a) development consent, or(b) a permit granted by the Council.(4) The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.(5) This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.(6) This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.(7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:(a) that is or forms part of a heritage item, or(b) that is within a heritage conservation area.Note—As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.(8) This clause does not apply to or in respect of:(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
5.10 Heritage conservation
Note—Heritage items, heritage conservation areas and archaeological sites (if any) are shown on the Heritage Map. The location and nature of any such item, area or site is also described in Schedule 5.(1) Objectives The objectives of this clause are:(a) to conserve the environmental heritage of Canada Bay, and(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and(c) to conserve archaeological sites, and(d) to conserve places of Aboriginal heritage significance.(2) Requirement for consent Development consent is required for any of the following:(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,(c) altering a heritage item that is a building by making structural changes to its interior,(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.(3) When consent not required However, consent under this clause is not required if:(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or(b) the development is in a cemetery or burial ground and the proposed development:(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or(d) the development is exempt development.(4) Effect on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).(5) Heritage impact assessment The consent authority may, before granting consent to any development on land:(a) on which a heritage item is situated, or(b) within a heritage conservation area, orrequire a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.(c) within the vicinity of land referred to in paragraph (a) or (b),(6) Heritage conservation management plans The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):(a) notify the Heritage Council of its intention to grant consent, and(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.(8) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.(9) Demolition of item of State significance The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):(a) notify the Heritage Council about the application, and(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:(a) the conservation of the heritage item is facilitated by the granting of consent, and(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.Note—The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12 Infrastructure development and use of existing buildings of the Crown
(1) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under the State Environmental Planning Policy (Infrastructure) 2007.(2) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works, except as provided by this clause.
Works by which the watertable is likely to be lowered.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
6.2 Particular dual occupancy subdivisions must not be approved
(1) Development consent must not be granted for a subdivision that would create separate titles for each of the two dwellings resulting from a dual occupancy development.(2) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
6.3 Development on land in Zone RE1 Public Recreation
In deciding whether to grant consent to development on land in Zone RE1 Public Recreation owned or controlled by the Council, the consent authority must take into account:(a) the need for the proposed development on the land, and(b) the impact of the proposed development on the existing or likely future use of the land, and(c) the need to retain the land for its existing or likely future use.
6.4 Development on the foreshore must ensure access
In deciding whether to grant consent for development in the foreshore area, the consent authority must consider whether and to what extent the development would encourage the following:(a) continuous public access to and along the foreshore through or adjacent to the proposed development,(b) public access to link with existing or proposed open space,(c) public access to be secured by appropriate covenants, agreements or other instruments registered on the title to land,(d) public access to be located above mean high water mark,(e) the reinforcing of the foreshore character and respect for existing environmental conditions.
6.5 Foreshore building line
(1) The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.(2) Subject to subclause (3), development on the foreshore area is prohibited.(3) Development consent may be granted for the following:(a) the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area, if the consent authority is satisfied the extension, alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore,(b) the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,(c) development for the purposes of boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other outdoor recreation facilities.(4) Development consent must not be granted under subclause (3) unless the consent authority is satisfied that:(a) the development will contribute to achieving the objectives for the zone in which the land is located, and(b) the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and(c) the development will not cause environmental harm such as:(i) pollution or siltation of the waterway, or(ii) an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or(iii) an adverse effect on drainage patterns, and(d) the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and(e) opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and(f) any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained.
6.6 Restriction on consent for particular sex services premises
(1) Development consent must not be granted for development for the purposes of sex services premises if the premises will be located on land that adjoins, or that is separated only by a road from, land:(a) in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential, or(b) used for community, school or church uses, or(c) in Zone RE1 Public Recreation.(2) In deciding whether to grant consent to any such development, the consent authority must take into account the impact that the proposed development would have on children who use the land.
6.7 Telecommunications facilities
(1) The objective of this clause is to minimise the impact of telecommunications facilities on streetscape amenity.(2) Development consent is required to carry out development for the purposes of a telecommunications facility if it includes:(a) the erection of a structure or facility, or(b) the carrying out of work for the purpose of a telecommunications facility.(3) The consent authority must consider the following before determining an application for development consent to carry out development for the purpose of a telecommunications facility:(a) potential to install the facility underground,(b) potential to co-locate the facility with existing facilities or other structures,(c) impact of the facility on visual amenity,(d) impact of the facility on the heritage significance of the area,(e) impact of the facility on vegetation and street infrastructure.(4) This clause does not apply to the following:(a) installation of low impact facilities (as listed in the Telecommunications (Low Impact Facilities) Determination 1997 of the Commonwealth) and subscriber cabling, including cabling across streets,(b) installation of defence facilities,(c) installation of facilities authorised by a facility installation permit issued by the Australian Communications and Media Authority,(d) inspection of land, including making surveys, sinking bores, digging pits and examining soil,(e) maintenance of telecommunications facilities, including the alteration, removal, repair or replacement of the whole or part of the facility, and the cutting down or lopping of vegetation.
6.8 Council infrastructure development
Development may be carried out by or on behalf of the Council without development consent on any land, except land in a heritage conservation area or containing a heritage item, for any one or more of the following purposes:(a) construction or maintenance of stormwater drainage, water quality treatment devices, water tanks, flood mitigation structures, recreation areas, public amenities or temporary storage facilities,(b) construction or maintenance of roads, footpaths, cycle ways, parking areas, fire trails, walking tracks and other public pedestrian areas, roads, including tree planting and repaving, street surfacing, reconstruction of kerbs, gutters and the like,(c) installation or maintenance of street furniture, such as seats, Council information signs, street signs, street lights, bus shelters, garbage and recycling containers and bins, bollards, flagpoles, telephone kiosks and the like, but not fixed outdoor vending machines,(d) installation or maintenance of park furniture, including seats, picnic tables, barbecue units and shelters, awnings and shade structures, gazebos and pergolas, bollards, playground equipment, flagpoles, bridges, staircases, boardwalks, lighting (other than ovals or tennis courts or the like) and Council information signs,(e) installation or maintenance of goal posts, sight screens, fencing and similar ancillary sporting structures on sporting or playing fields for use in the playing or performance of sporting events (other than grandstands, dressing sheds and other similar structures),(f) bush regeneration, landscaping, gardening, tree planting, tree maintenance and tree removal.
6.9 Provisions relating to certain sites requiring specific planning provisions
Schedule 6 has effect.
Schedule 1 Additional permitted uses
(Clause 2.5)
1 Use of certain land at 235 Parramatta Rd, Five Dock
(1) This clause applies to land at 235 Parramatta Rd, Five Dock, being Lot 4, DP 826686.(2) Development for the purpose of selling bulk food and beverage items is permitted with consent if the activity is carried out in connection with the primary activity of bulky goods retailing of office equipment and furniture.
2 Use of certain land at Bevin Avenue, Five Dock
(1) This clause applies to land at Bevin Avenue, Five Dock, being Lot 1, DP 860469 (the Western Suburbs Soccer Sports and Community Club Ltd (known as Canada Bay Club) car park).(2) Development for the following purposes is permitted with consent if the use is only in conjunction with the adjoining Canada Bay Club:(a) car parking,(b) serviced apartments.
3 Use of certain land at 49–51 Queens Road, Five Dock
(1) This clause applies to land at 49–51 Queens Road, Five Dock, being Lot 1, DP 607226 and Lot 1, DP 738950.(2) Development for the purpose of office premises is permitted with consent.
4 Use of certain land at 104 William Street, Five Dock
(1) This clause applies to land at 104 William Street, Five Dock, being SP 73162 and SP 73163.(2) Development for the following purposes is permitted with consent:(a) office premises and associated car parking,(b) business premises and associated car parking,(c) retail premises and associated car parking,(d) light industry.
5 Use of certain land at 21–23 Regatta Road and 25–27 Regatta Road, Five Dock
(1) This clause applies to land at 21–23 Regatta Road and 25–27 Regatta Road, Five Dock, being Lots 1–3, DP 1034085.(2) Development for the purpose of vehicle sales or hire premises is permitted with consent.
6 Use of certain land at 443 Concord Road, Rhodes
(1) This clause applies to land at 443 Concord Road, Rhodes, (Brays Bay Reserve) being Lot 1, DP 583588 and Lot 51, DP 771682.(2) Development for the purpose of temporary markets (being markets carried out on the site for the retail sale of goods from temporary structures and that operate not more than 1 day per week) is permitted with consent.
7 Use of certain land at 249–251 Queen Street and 22 Victoria Avenue, Concord West
(1) This clause applies to the following land:(a) 249–251 Queen Street, Concord West being SP 54105,(b) 22 Victoria Avenue, Concord West being SP 53258.(2) Development for the purpose of mixed use development carried out in a way that is not detrimental to the amenity of the neighbourhood is permitted with consent if the proportion of the floor space to be used for nonresidential purposes in the development does not exceed 25%.
8 Use of certain land at 211 Parramatta Road, North Strathfield
(1) This clause applies to land at 211 Parramatta Road, North Strathfield, being Lots 1 and 2, DP 1023863.(2) Development for the purpose of an advertising structure is permitted with consent.
9 Use of certain land at Phillips Street, Cabarita
(1) This clause applies to land at Phillips Street, Cabarita, (Private Reserve) being Lots 5 and 6, DP 876734.(2) Development for the following purposes is permitted with consent:(a) containment of contaminated soil,(b) public roadways,(c) landscaping,(d) drainage,(e) driveways,(f) services.
10 Use of certain land at 1C and 1H Hospital Road, Concord West
(1) This clause applies to land at 1C and 1H Hospital Road, Concord West, (Concord Repatriation and General Hospital) being Lot 2, DP 89877.(2) Development for the purpose of storing and providing medical goods and services to other medical establishments is permitted with consent if those establishments remain ancillary to the predominant use of the site for hospital purposes only.
11 Use of certain land at specific site in zone RE1
(1) This clause applies to land at a specific site in zone RE1 being Lot 27, DP 719909.(2) Development for the purpose of an advertising structure is permitted with consent.
12 Use of certain land at 378 and 380 Great North Road, Abbotsford and 2 Abbotsford House, Abbotsford Cove Drive
(1) This clause applies to land at 378 and 380 Great North Road, Abbotsford and 2 Abbotsford House, Abbotsford Cove Drive (the “Nestlé site”, in particular, Abbotsford House, Chatham House and the Clubhouse pavilion) being Lot 22, DP 270127, Lot 1, DP 862198 and Lot 19, DP 270127.(2) Development for the following purposes is permitted with consent if the use is consistent with the conservation and preservation of the buildings and the amenity of the immediate residents:(a) office premises,(b) restaurants.
Schedule 2 Exempt development
(Clause 3.1)
Access ramps
(1) Maximum height—1m above ground level (existing).(2) Must be behind the building line to any street frontage and at least 900mm from the side boundary.(3) Maximum grade—1:14 (vertical: horizontal).(4) Must comply with AS 1428.1—2001, Design for access and mobility—General requirements for access—New building work.
Air-conditioning units (dwellings)
(1) Must be attached to an external wall or mounted on the ground.(2) Noise level must not exceed 5dBA above ambient background noise level measured at the property boundary.(3) Must be at least 3m from any property boundary and behind required street setback to any street frontage.(4) Building work must not reduce the structural integrity of the section of the building affected by the installation of the unit.(5) Any opening created by the installation must be adequately weather-proofed and the required fire-rating must not be reduced.
Awnings, canopies and storm blinds (dwellings)
(1) Maximum area—10m2.(2) Must be at least 900mm from any property boundary.(3) Must be behind the building line to any street frontage.(4) Installed to manufacturer’s specifications.
Barbecues (fixed)
(1) Must be at least 900mm from any property boundary.(2) Maximum height—1.8m above ground level (existing).(3) Must be behind the building line to any street frontage.(4) Maximum area of base—3m2.(5) Only one per site.(6) Must be at least 1m from any easement or sewer main.
Business use of public footpaths
Must comply with Council’s Business Use of Public Footpaths Policy.
Change of use
(1) Involves any of the following:(a) change of use from one type of retail premises to another type of retail premises,(b) change of use from retail premises to business premises,(c) change of use from business premises to retail premises,(d) change of use from one type of business premises to another type of business premises.(2) The proposed use must not be for any of the following:(a) a funeral chapel,(b) food and drink premises,(c) restricted premises,(d) a use that involves skin penetration or hairdressing,(e) premises with a gross floor area of more than 200m2.(3) The proposed use:(a) must be consistent with the classification of the building under the Building Code of Australia, and(b) must replace a use being carried out in accordance with a development consent (if required), and(c) must comply with the conditions of any existing consent for the use of the building, and(d) must not require any additional floor area, and(e) must not attract additional car parking requirements, and(f) must not operate outside the hours for which the existing use operates.
Children’s play equipment in a fixed and permanent location (excluding cubby-houses)
(1) Maximum area—20m2.(2) Maximum height—2.4m.(3) Must be at least 900mm from all property boundaries.(4) Must be at least 1m from any easement or sewer main.
Clothes lines (hoists)
Must be behind the building line to any street frontage.
Decks (dwellings)
(1) Maximum area of deck—10m2.(2) Must be behind the building line to any street frontage.(3) Must be at least 3m from each property boundary.(4) Deck must not be roofed.(5) Maximum height—500mm above ground level to top of deck with balustrade height not exceeding 1.2m above top of deck.(6) Must not be erected over public land.(7) Must be at least 1m from any easement or sewer main.
Demolition of a building
(1) Building was erected as exempt development.(2) Carried out in accordance with AS 2601—2001, Demolition of structures.(3) Maximum area—25m2.(4) All work involving asbestos cement, lead contaminated paint and building parts likely to have been treated with pesticides:(a) must comply with WorkCover Authority’s Your Guide to Working with Asbestos and(b) must comply with the Waste Reduction Guidelines for the Construction & Demolition Industry (ISBN 0 642 54684 3) published by the Commonwealth Department of the Environment and Heritage in 2000, and(c) must not cause soil or air contamination.(5) Building waste must be stored on site in an orderly way and disposed of in accordance with Council guidelines.
Driveways and pathways
(1) Must be structurally sound, of stable construction and adequately reinforced.(2) Must not be elevated or suspended above ground level (existing).(3) Must not redirect rainwater onto adjoining property.(4) An appropriate fall and grated drain must be provided to prevent the entry of stormwater onto the footpath or any dwelling or garage.(5) Maximum area—20m2.(6) Must not be on public land.
Earthworks (cut/fill)
(1) Maximum excavation or filling—600mm above or below ground level (existing).(2) Excavation or filling must not prevent the natural flow of stormwater and must have adequate subsoil drainage.
Fences
(1) Must not contain barbed wire.(2) Maximum height—1.8m above ground level (existing), if behind the street setback area.(3) Maximum height—1.2m above ground level (existing), if within the street setback area (front fence).(4) Must comply with:(a) AS 3700—2001, Masonry structures, or(b) AS/NZS 1170.1:2002, Structural design actions—Permanent, imposed and other actions, or(c) AS/NZS 1170.2:2002, Structural design actions—Wind actions, or(d) AS/NZS 1170.4:2007, Structural design actions—Earthquake actions in Australia.
Filming
(1) (Repealed)(2) May only be carried out on land:(a) on which there is a heritage item, or(b) within a heritage conservation area, orif the filming does not involve or result in any of the following:(c) identified in clause 3.3 as an environmentally sensitive area for exempt development,(d) any changes or additions that are not merely superficial and temporary to any part of a heritage item, a heritage conservation area or an environmentally sensitive area,(e) the mounting or fixing of any object or article on any part of such an item or area (including any building or structure),(f) the movement, parking or standing of any vehicle or equipment on or over any part of such an item or area that is not specifically designed for the movement, parking or standing of a vehicle or equipment on or over it,(g) any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area.(3) Must not create significant interference with the neighbourhood.(4) The person carrying out the filming must obtain a policy of insurance that adequately covers the public liability of the person in respect of the filming for an amount of not less than $10,000,000.(5) If the filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12-month period at the particular location.(6) A filming management plan must be prepared and lodged with the consent authority for the location at least 5 days before the commencement of filming at the location. The plan must contain the following information and be accompanied by the following documents (without limiting the information or documents that may be submitted):(a) the name, address and telephone number of the person carrying out the filming (such as a production company) and of the producer for the filming,(b) a brief description of the filming to be carried out (for example, a television commercial, a television series, a feature film or a documentary),(c) the proposed location of the filming,(d) the proposed commencement and completion dates for the filming at the location,(e) the proposed daily length of filming at the location,(f) the number of persons to be involved in the filming,(g) details of any temporary structures (for example, tents or marquees) to be erected or used at the location for the purposes of the filming,(h) the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),(i) proposed arrangements for parking vehicles associated with the filming during the filming,(j) whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise, vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),(k) whether the filming will involve the use of outdoor lighting or any other special effects equipment,(l) a copy of the public liability insurance policy that covers the filming at the location,(m) a copy of any approval given by a public or local authority to carry out an activity associated with the proposed filming at the location, such as the following:(i) an approval by the Roads and Traffic Authority for the closure of a road,(ii) an approval by the Council for the erection or use of a temporary structure, closure of a road or a public footpath, or a restriction in pedestrian access,(iii) an approval by the Environment Protection Authority for an open fire,(iv) an approval by the NSW Police Force for the discharge of firearms,(v) an approval by the Department of Lands for the use of Crown land,(n) details of any temporary alteration or addition to any building or work at the location for the purposes of the filming.(7) The person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing (by way of a letter-box drop) of the filming to residents within a 50m radius of the location. The notice must contain the following information:(a) the name and telephone number of the person carrying out the filming (such as a production company) and of a contact representative of that person,(b) a brief description of the filming to be carried out at the location, and any proposed disruptions to the location or the surrounding area or the amenity of the neighbourhood,(c) the proposed commencement and completion dates for the filming at the location,(d) the proposed daily length of filming at the location.
Flag poles
(1) Maximum height—6m above ground level (existing).(2) Must be at least 7m from each boundary.(3) Only one per site.(4) Structurally adequate and installed to manufacturer’s specifications.
Hoardings
(1) Must not encroach onto public footway or thoroughfare.(2) Must be in accordance with AS 1319—1994, Safety signs for the occupational environment.(3) Must be structurally adequate.(4) Must be of a temporary nature and for less than 12 months.
Home occupation
Must not be bed and breakfast accommodation.
Letterboxes
(1) Must be structurally stable with adequate footings.(2) Maximum height—1.2m above ground level.(3) Only one per unit or dwelling.(4) Must be clearly numbered.
Minor internal alterations to domestic dwellings
(1) Must be non-structural alterations to the interior of a building, including, for example, painting, plastering, cement rendering, cladding, attaching fittings and decorative work, replacement of doors, walls, ceiling or floor linings or deteriorated frame members, and renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes.(2) Must be renovations or alterations to previously completed buildings.(3) Must not change room configurations, reduce window arrangements for light or ventilation needs, reduce doorways for egress or enclose open areas.(4) Must not be of masonry construction.(5) Must not involve the making of, or an alteration to the size of, any opening in a wall or roof of a building, such as a doorway, window or skylight.(6) All work involving asbestos cement, lead contaminated paint and building parts likely to have been treated with pesticides:(a) must comply with WorkCover Authority’s Your Guide to Working with Asbestos, and(b) must comply with the Waste Reduction Guidelines for the Construction & Demolition Industry (ISBN 0 642 54684 3) published by the Commonwealth Department of the Environment and Heritage in 2000, and(c) must not cause soil or air contamination.(7) Must not affect the load-bearing capacity of any component of the building.
Outbuildings
Used exclusively for garden shed, cubby-house, greenhouse, bird aviary, gazebo and cabana:(a) Must be detached from main dwelling.(b) Maximum height—2.1m.(c) Maximum gross floor area—10m2.(d) Must be behind the building line to any street frontage.(e) Must be at least 900mm from any property boundary.(f) Only one of each type per lot.(g) Safety glazing to any glass doors must comply with AS/NZS 2208:1996, Safety glazing materials in buildings.(h) Must not be of masonry construction.(i) Must be at least 1m from any easement or sewer main.
Paving
(1) Must be at ground level (existing).(2) Maximum area—20m2.(3) Must not redirect rainwater onto adjoining property.(4) Must have sufficient step down to prevent the entry of water into the dwelling.
Pergolas
(1) Maximum area—20m2.(2) Maximum height—2.4m above ground level (existing).(3) Must be attached to a dwelling.(4) Must be behind the front setback line to any street frontage.(5) Must be at least 900mm from any property boundary.(6) Must not be enclosed or roofed.
Portable classrooms and school buildings
(1) Must be structurally adequate.(2) Minimum front setback of 1.5m to any street.(3) Must be only in school grounds and must not contravene any other approval.(4) Must discharge all stormwater to the Council’s street gutter through the existing drainage system.(5) Must not exceed 1 storey in height.(6) Must be of a temporary nature and installed for a maximum of 5 years.(7) Must be at least 1m from any easement or sewer main.
Rainwater tanks
(1) Must not be installed or erected on land:(a) that is within a heritage conservation area or within the curtilage of a heritage item, or(b) that is within 40m of a perennial watercourse identified by a 1:50,000 topographic map held by the Department of Lands, or(c) the surface of which has a slope greater than 18 degrees from the horizontal, or(d) that is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.(2) Must be located:(a) behind the front alignment to the street of the building to which the tank is connected (or in the case of a building on a corner block, behind both the street front and the street side alignments of the building), and(b) at least 450mm from any property boundary.(3) Must not be installed or erected:(a) over or immediately adjacent to a water main or sewer main unless it is installed in accordance with any requirements of the public authority that has responsibility for the main, or(b) over any structure or fitting used by a public authority to maintain a water main or sewer main, or(c) on a footing of any building or other structure, including a retaining wall.(4) The installation or erection of the rainwater tank must not:(a) require a tree to be removed, or(b) involve the excavation of more than 1m from the existing ground level, or the filling of more than 1m above the existing ground level.(5) Subject to this clause, the capacity of the rainwater tank, or the combined capacity of the tanks, on a lot must not exceed 10,000L (or in the case of a tank or tanks used for an educational establishment, 25,000L).(6) The rainwater tank must:(a) be designed to capture and store roof water from gutters or downpipes on a building, and(b) be fitted with a first-flush device, being a device that causes the initial run-off of any rain to bypass the tank to reduce pollutants entering the tank, and(c) be structurally sound, and(d) be prefabricated, or be constructed from prefabricated elements that were designed and manufactured for the purpose of the construction of a rainwater tank, and(e) be assembled and installed in accordance with the manufacturer’s or tank designer’s specifications, and(f) be installed and maintained (including any stand for the tank) in accordance with any requirements of the public authority that has responsibility for the supply of water to the premises on which the tank is installed, and(g) be enclosed, and any inlet to the tank must be screened or filtered, to prevent the entry of foreign matter or creatures, and(h) be maintained at all times so as not to cause a nuisance with respect to mosquito breeding or overland flow of water, and(i) have a sign affixed to it clearly stating that the water in the tank is rainwater.(7) The rainwater tank must not:(a) collect water from a source other than gutters or downpipes on a building or a water supply service pipe, or(b) exceed 3m in height above ground level, including any stand for the tank.(8) Any overflow from the rainwater tank must be directed into an existing stormwater system.(9) Any plumbing work undertaken on or for the rainwater tank that affects a water supply service pipe or a water main must be undertaken:(a) with the consent of the public authority that has responsibility for the water supply service pipe or water main, and(b) in accordance with any requirements by the public authority for the plumbing work, and(c) by a licensed plumber in accordance with the New South Wales Code of Practice for Plumbing and Drainage produced by the Committee on Uniformity of Plumbing and Drainage Regulations in NSW.(10) Any motorised or electric pump used to draw water from the rainwater tank or to transfer water between rainwater tanks:(a) must not create an offensive noise, and(b) in the case of a permanent electric pump, must be installed by a licensed electrician.
Replacement or repair of existing roof and walls to dwellings, carports or garages
(1) Must not alter existing window or door openings or their location and size.(2) Must use materials other than masonry with a low reflectivity index and of equivalent or improved quality.(3) Must not involve structural alterations.(4) Must not change roof height, pitch or profile.(5) Must direct all stormwater to the Council’s street gutter through the existing drainage system.(6) All work involving asbestos cement must comply with WorkCover Authority’s Your Guide to Working with Asbestos.
Retaining walls
(1) Maximum height—900mm above or below ground level (existing).(2) Must be at least 900mm from any property boundary.(3) Must not prevent the natural flow of stormwater and must have adequate subsoil drainage behind the wall.(4) Must be structurally adequate for the intended purpose and comply with:(a) AS 3700—2001, Masonry structures, or(b) AS 3600—2001, Concrete structures, or(c) AS/NZS 1170.1:2002, Structural design actions—Permanent, imposed and other actions, or(d) AS/NZS 1170.2:2002, Structural design actions—Wind actions, or(e) AS 1170.4—2007, Structural design actions—Earthquake actions in Australia, or(f) AS 1720.1—1997, Timber structures-Design methods, or(g) AS 1720.2—2006, Timber structures—Timber properties, or(h) AS 1720.4—2006, Timber structures—Fire resistance for structural adequacy of timber members.(5) Must be at least 1m from any easement or sewer main.
Roof ventilators and skylight roof windows
(1) Maximum area—1m2.(2) Must be at least 900mm from all property boundaries or 900mm from a separating wall between 2 dwellings.(3) Building work must not reduce the structural integrity of the building or involve structural alterations, and must be structurally adequate.(4) Installed to manufacturer’s specifications.(5) Any opening created by the installation must be adequately weatherproofed and the required fire rating must not be reduced.
Satellite TV dishes
(1) Must not be installed or erected:(a) on land within a heritage conservation area or within the curtilage of a heritage item, or(b) less than 1m from any easement or sewer main.(2) Must be installed or erected wholly within the boundaries of a property.(3) If roof mounted, must have a diameter not exceeding 90cm (excluding any projecting feed element) and its height at any point must not exceed the highest point of the roof (if the roof is peaked) or 1.2m above the roof (if the roof is flat).(4) If ground mounted, must have a diameter not exceeding 90cm (excluding any projecting feed element) and its height must not exceed 1.2m above the highest point of the roof of the dwelling on which, or adjacent to which, it is erected.(5) If installed or erected on land within a Business or Industrial zone, must comply with the following:(a) if roof mounted, must have a diameter not exceeding 1.8m (excluding any projecting feed element) and its height at any point must not exceed 1.8m above the highest point of the roof structure,(b) if ground mounted, must have a diameter not exceeding 1.8m (excluding any projecting feed element) and its height must not exceed 1.8m above the highest point of the roof of any building on which, or adjacent to which, it is erected.(6) Must be installed in accordance with the manufacturer’s specifications and any relevant standard specified by Standards Australia.(7) Must not affect the structural integrity of any building on which it is erected.
Scaffolding
(1) Must not encroach onto a footpath or public thoroughfare.(2) Must comply with:(a) AS/NZS 1576.1:1995, Scaffolding—General requirements, or(b) AS 1576.2—1991, Scaffolding—Couplers and accessories, or(c) AS/NZS 1576.3:1995, Scaffolding—Prefabricated and tube-and-coupler scaffolding, or(d) AS 1576.4—1991, Scaffolding—Suspended scaffolding, or(e) AS/NZS 1576.5:1995, Scaffolding—Prefabricated splitheads and trestles.
Signs
(1) Identification, interpretative, directional and advance traffic warning signs—constructed by or for the Council or the Roads and Traffic Authority.(2) Internal signs or signs attached to a shop window:(a) Maximum window area—25% at the level occupied by the advertisement or like advertisements.(b) Must relate to the use and occupation of the land.(3) Replacement of existing approved signs—not larger than existing sign.(4) Home occupation sign:(a) Only one per site.(b) Maximum area—600mm2.(c) Must be attached to the ground floor facade of dwelling unless the land is on a main road, in which case the sign may be attached to a front fence.(5) Real estate signs (sale or lease of property):(a) Must relate to the sale of the property only.(b) Only one per site.(c) Maximum area—2.5m2.(6) Under awning sign:(a) Only one per site.(b) Minimum 2.7m above ground level (existing).(c) Must not extend beyond the width of the awning.(d) Minimum distance from any other under awning sign—3m.(e) Maximum area—2.5m × 0.3m.(7) Signs on motor vehicles—vehicle must be used principally for carrying passengers or goods.(8) Temporary sign for a religious, educational, cultural, political, social or recreational event:(a) Must not include advertising of a commercial nature except for the name of the event sponsor.(b) Must have the consent of the owner of the place or building on which it is displayed.(c) Must not be displayed more than 28 days before the event.(d) Must be removed within 14 days after the event ends.
Television aerial or microwave antennae
(1) Only one per site.(2) Must be for domestic use only.(3) Maximum height 6m above the highest point of the roof.(4) Constructed in accordance with manufacturer’s specification and must not reduce the structural integrity of the building or require structural alterations.
Temporary structures and temporary buildings (eg builders’ sheds, port-a-loos, marquees and mini-stages)
(1) Must be structurally adequate.(2) Maximum area—12m2.(3) Must be behind the building line to any street frontage.(4) Must be at least 900mm from all property boundaries.(5) Must be removed on completion of structure or event for which it was required.(6) Must not be used for habitation.
Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes
(1) May only be erected, used, altered or added to in connection with filming that is exempt development.(2) Temporary structure must not be at the location for more than 30 days within a 12-month period.(3) Alteration or addition to the building or work must not remain in place for more than 30 days within a 12-month period.(4) Temporary structure, or building or work in its altered or added to form, must not be accessible to the public.
Tents or marquees used solely for filming purposes
(1) May only be used in connection with filming that is exempt development.(2) Total floor area of all tents or marquees on location at the same time must not exceed 200m2.(3) Must be located within at least 3m from any boundary adjoining a public road and at least 1m from any other boundary.(4) Must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:(a) 1 exit if the floor area of the tent or marquee does not exceed 25m2,(b) 2 exits in any other case.(5) Width of each exit must be at least:(a) 800mm if the floor area of the tent or marquee is less than 150m2, or(b) 1m in any other case.(6) Height of the walls must not exceed:(a) 4m if erected on private land, or(b) 5m in any other case.(7) Height as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee must not exceed 6m.(8) Must resist loads determined in accordance with the following Australian and New Zealand Standards entitled:(a) AS/NZS 1170.0:2002, Structural design actions—General principles,(b) AS/NZS 1170.1:2002, Structural design actions—Permanent, imposed and other actions,(c) AS/NZS 1170.2:2002, Structural design actions—Wind actions.(9) Must not remain at the location more than 2 days after the completion of the filming at the location.
Water heaters (including solar systems)
(1) Must not reduce the structural integrity of the building or involve structural alterations.(2) Must not interfere with views from surrounding properties.(3) Installed to manufacturer’s specifications by a licensed person.(4) Must be behind the building line to any street frontage and not visible from the street.(5) Openings created by the installation must be adequately water-proofed.
Windows, glazed and external doors
(1) Must not reduce the area provided for light and ventilation.(2) Structural support members must not be removed.(3) Materials must comply with:(a) AS 1288—2006, Glass in buildings—Selection and installation, and(b) AS/NZS 2208:1996, Safety glazing materials in buildings.(4) Replacement must not increase size or relocate item.
Schedule 3 Complying development
(Clause 3.2)
Part 1 Types of development
Bed and breakfast accommodation (in existing approved detached dwelling with permanent residents)
(1) Maximum of 3 guest bedrooms and 6 guests at any time.(2) Minimum bathrooms—2.(3) Only one external sign.(4) Maximum size of sign—0.6m2.(5) Must have a fire extinguisher and fire blanket in the kitchen.(6) If the dwelling is subject to the Strata Management Act 1996 or the Community Land Management Act 1989, must have the approval of the owner’s corporation, or the community, precinct or neighbourhood association.
Demolition
(1) Structure to be demolished must be complying development under this Plan and have a maximum floor area of 30m2.(2) Must be carried out in accordance with AS 2601—2001, Demolition of structures.(3) Waste management plan must be submitted to the principal certifying authority.
Internal and external alterations (business and retail premises)
(1) Existing use must be operating in accordance with development consent.(2) Must not:(a) alter the size or shape of the building envelope, or(b) cumulatively increase or decrease the area of openings by more than 10%, or(c) increase the total floor area of the building, or(d) contravene any conditions that apply in respect of the current development consent for the use of the building or change the use in part of the building, or(e) reduce the provision for the loading or unloading of goods or vehicles in respect of the building, or(f) alter any public services or utilities without the approval of the relevant authority.(3) Food premises—In the case of a building being used for the purpose of preparing food for sale or the consumption of food, the development must comply with the National Code for the Construction and Fitout of Food Premises.(4) Services—If the new development involves a change in the type or volume of trade wastes from the premises, or an increase in water or wastewater usage and a certificate under section 73 of the Sydney Water Act 1994 is required for the change or increase, a copy of the certificate must be given to the certifying authority before the works commence.(5) Waste management—A waste management plan must be prepared in accordance with Council’s requirements and submitted to the certifying authority.(6) Materials and components—New materials must be consistent with the existing materials.(7) Fire safety—A fire safety schedule must be prepared specifying the fire safety measures (both current and proposed) to be implemented.
Internal and external alterations (to a building used for the purpose of an industry or a warehouse)
(1) Must not:(a) alter the size or shape of the building envelope, or(b) increase the total floor area of the building, or(c) contravene any conditions that apply in respect of the current development consent for the use of the building or change the use of any part of the building, or(d) reduce the provision for the loading or unloading of goods or vehicles in respect of the building.(2) Food premises:(a) In the case of a building being used for the purpose of preparing food for sale or the consumption of food, the development must comply with the National Code for the Construction and Fitout of Food Premises.(b) New materials used externally are to be consistent with existing materials.(3) Fire safety—A fire safety schedule must be prepared specifying the fire safety measures (both current and proposed) to be implemented.
Carports and garages associated with detached dwellings (lot area over 450m2)
(1) Streetscape—Must be behind the front building line except in heritage conservation areas where garages and carports must be behind the rear building line.(2) Bulk and scale:(a) If structure has a pitched roof, the pitch must match the pitch of the existing dwelling.(b) Closest external wall of structure must be at least 900mm from a side or rear boundary.(c) Ground floor level, at any point, must not more than 500mm above ground level (existing).(d) Maximum distance between floor level and underside of eaves 2.7m.(e) The roof openings are flush with the roof pitch.(3) Open space and landscaping:(a) At least 20% of the site must be soft landscaped, that is, not hard surfaces.(b) No more than one-third of the front setback area is paved or sealed.
Single-storey alterations and additions to detached single-storey dwellings, development ancillary or incidental to detached single-storey dwellings
(1) Generally—Must not:(a) be carried out to the primary street frontage elevation between the property boundary and the side of the building with a street frontage, except for a rear laneway, and(b) involve works more than 3.6m above ground level (existing).(2) Legal land constraints—Must not:(a) be built within 1m of an easement, or(b) breach any covenant to which the Council is a party, or(c) be in a zone of influence of a sewer main, orwithout the written approval of the relevant person or authority benefiting from the easement or covenant or occupation.(d) be in a zone of influence of a public stormwater drainage pipe,(3) Services—Must connect to Sydney Water’s reticulated sewerage disposal system.(4) Site coverage—Maximum site coverage of buildings on the property—65%.(5) Floor space—Maximum additional floor space for all cumulative complying development on a property—30m2.(6) Height:(a) Maximum wall height—3m.(b) Maximum ridge height—3.6m.(c) Finished floor level must not exceed 500mm above ground level (existing).(7) Open space—At least 20% of the site must be usable open space with a minimum dimension of 3m.(8) Privacy—Windows in habitable rooms having an outlook to a window of a habitable room in an adjoining dwelling and that are within 6m of that dwelling must:(a) be offset by a distance of 500mm from the window of the adjoining dwelling, or(b) have sill heights of 1.7m above floor level, or(c) have fixed obscured glazing in any part of the window less than 1.7m above floor level.(9) Setbacks—Minimum 900mm to side boundaries and 6m to the rear boundary.
Swimming pools and spas
(1) Generally—Must:(a) be on land comprising an existing dwelling house only, and(b) be for private domestic use only, and(c) be on a lot with a minimum area of 450m2.(2) Legal land constraints—Must not:(a) be built within 1m of an easement, and(b) breach any covenant to which the Council is a party, and(c) be in a zone of influence of a sewer main, andwithout the written approval of the relevant person or authority benefiting from the easement or covenant or occupation.(d) be in a zone of influence of a public drainage pipe,(3) Streetscape—Must not be between the dwelling and the street boundary.(4) Bulk and scale—Coping or decking around pool must be no more than 200mm above the ground level (existing).(5) Setbacks—Must be at least 1.5m from the side and rear boundaries.(6) Privacy—The noise level of any filtration equipment or pumps must not exceed 5dBA above the ambient background level measured at the property boundary.(7) Open space and landscaping—At least 20% of the site must be soft landscaped, that is, not hard surfaces.(8) Safety—Installation and construction must comply, where relevant, with:(a) AS/NZS 1838:1994, Swimming Pools—Premoulded fibre-reinforced plastics—Design and fabrication, and AS/NZS 1839:1994, Swimming Pools—Premoulded fibre-reinforced plastics—Installation, or(b) AS 2783–1992, Use of reinforced concrete for small swimming pools.(9) Pool and surrounding structures—Must comply with AS 1926 Set—2007Swimming pool safety Standards Set.
Part 2 Complying development certificate conditions
Note—
Information relevant to this Part is also contained in the Act, the Environmental Planning and Assessment Regulation 2000, the Protection of the Environment Operations Act 1997 and the Roads Act 1993.
Approved plans
Except as provided by this Part, the development must be carried out in accordance with the plans approved and appropriately certified by the consent authority.
Materials and finishes
The colour, texture and substance of all external materials must be as shown in the application.
Sydney Water approval
The approved plans must be appropriately certified by Sydney Water before the commencement of building works.
Construction hours
(1) The applicant must ensure that construction or demolition work that is audible in adjoining premises is carried out only between the following hours:(a) Monday–Friday—7.00am and 5.00pm,and that no such work is carried out at any time on a Sunday or a public holiday.(b) Saturday—8.00am and 1.00pm,(2) Work involving the use of jackhammers, rock breakers or other heavy machinery may only occur between 7.00am and 5.00pm Monday to Friday.
Certified plans and specifications on site
Certified plans, specifications and the consent must be available on site at all times during construction.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1 | Column 2 |
Locality | Description |
Nil |
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Nil |
Part 3 Land classified, or reclassified, as community land
Column 1 | Column 2 |
Locality | Description |
Nil |
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb | Item name | Address | Property description | Significance | Item No |
Abbotsford | Abbotsford House | 2 Abbotsford Cove Drive | Lot 19, DP 270127 | Local | 1 |
Abbotsford | Battersea Park | Battersea Street | Lots 7016, 7017 and 7018, DP 1074188; Lot 1071, DP 1074188; Lots 20 and 21, DP 57637; Lot 17, DP 77464; Lots 11, 12 and 22, DP 939734; Lots 14 and 16, DP 3790; Lot 15, DP 57112; Lot 13, DP 58560; Lot 20, DP 182467 | Local | 16 |
Abbotsford | House | 25 Battersea Street | Lot 76, DP 3790 | Local | 17 |
Abbotsford | AWI Office Building | 54A Blackwall Point Road | Lot 1, DP 1071918 | Local | 23 |
Abbotsford | Former Animal Quarantine Station | Checkley and Spring Streets | Lot 1, DP 957603; Lot 7052, DP 93782 | Local | 80 |
Abbotsford | Tram Lines | Great North Road | Local | 218 | |
Abbotsford | Tram Shelter Shed | Great North Road | Local | 219 | |
Abbotsford | Electric Street Lights | Great North Road | Local | 220 | |
Abbotsford | Abbotsford Point Boatshed | Great North Road | Part Lot 1, DP 52972 | Local | 221 |
Abbotsford | Sandstone Kerbing | Great North Road | Local | 222 | |
Abbotsford | Abbotsford Public School | 348 Great North Road | Lot 102, DP 808766 | Local | 231 |
Abbotsford | Abbotsford Community Centre | 350 Great North Road | Lot 101, DP 808766 | Local | 232 |
Abbotsford | House “Mona” | 373 Great North Road | Lot B, DP 358000 | Local | 233 |
Abbotsford | Clubhouse Pavilion and its curtilage | 378 Great North Road | Lot 22, DP 270127 | Local | 234 |
Abbotsford | Chatham House and its curtilage | 380 Great North Road | Lot 1, DP 862198 | Local | 235 |
Abbotsford | House “Coniston” | 396 Great North Road | Lots X and Y, DP 377880 | Local | 236 |
Abbotsford | House | 432 Great North Road | Lot 9, Sec B, DP 4669 | Local | 237 |
Abbotsford | Tippett Memorial Presbyterian Church and Hall | 443–447 Great North Road | Lot 1, DP 4238; Lot 1, DP 128555; Lots 51 and 52, DP 13548 | Local | 238 |
Abbotsford | Sydney Rowing Club—Boatshed | 613 Great North Road | Lot 100, DP 1049800 | Local | 239 |
Abbotsford | House | 1 Poolman Street | Lot B, DP 320921 | Local | 385 |
Abbotsford | House | 3 Poolman Street | Lot A, DP 320921 | Local | 386 |
Abbotsford | House “Gloaming” | 14 Raynor Avenue | Lot 30, DP 14102 | Local | 406 |
Abbotsford | MWS and DB Pumping Station | 73 St Albans Street | Lot 1, DP 717220 | Local | 414 |
Abbotsford | Werrell Park | 2P Teviot Street | Lot 19, DP 244240; Lots 1 and 2, DP 667083; Lot 20, DP 244240; Lot 484, DP 39653; Lot 7019, DP 93709 | Local | 443 |
Abbotsford | Stone Steps | Walton Crescent corner of Marmion Road, in front of 43 Walton Crescent | Local | 480 | |
Abbotsford | House | 40 Walton Crescent | Lot 12, Sec A, DP 4669 | Local | 481 |
Abbotsford | House | 55 Walton Crescent | Lot 19, Sec B, DP 4669 | Local | 482 |
Abbotsford | Port Jackson Fig Trees (4) | Wymston Parade | Local | 518 | |
Abbotsford | MWS and DB Pumping Station | 32 Wymston Parade (corner Hill Street) | Lots 95 and 96, DP 6743 | Local | 519 |
Breakfast Point | Former AGL Power House | 97–99 Peninsula Drive | Lot 47, DP 270347 | Local | 383 |
Breakfast Point | Former AGL Blacksmiths’ Shop | 123 Peninsula Drive | Lot 46, DP 270347 | Local | 382 |
Breakfast Point | Former AGL Fence to Tennyson Road, entrance gates and entry pavilion | Tennyson Road (east side) between Peninsula Drive and Emily Street, Magnolia Drive | Local | 437 | |
Breakfast Point | Former AGL Office No 1 | 19–21 Tennyson Road | Lot 1, DP 270347 | Local | 438 |
Breakfast Point | Former AGL Main Meter Readers’ Office | 19–21 Tennyson Road | Lot 64, DP 270347 | Local | 439 |
Cabarita | House “Correys”—located on former Dulux site at 145 Cabarita Road | 1 Bayside Terrace | Lot 1, DP 270282 | Local | 18 |
Cabarita | Cabarita Park—landscape, rotunda and swimming pool | Cabarita Road | Lot 7081, DP 93923; Crown Lot 1, DP 126394; Lot 291, DP 752023 | Local | 58 |
Cabarita | Kendall Reserve—landscape | Cabarita Road | Lot 64, DP 752023 | Local | 59 |
Cabarita | Houses. Pair of Inter-War California Bungalows. | 116–118 Cabarita Road | Lots 42 and 43, DP 5167 | Local | 60 |
Cabarita | House | 18 Collingwood Avenue | Lot 15, DP 14206 | Local | 94 |
Cabarita | House “Correy’s House” | 1 Edgewood Crescent | Lot 1, DP 270282 | Local | 179 |
Cabarita | House | 10 Kendall Street | Lot 2, Sec 2, DP 6536 | Local | 271 |
Cabarita | House | 31 Phillips Street | Lot 280, DP 499696; Lot 1, DP 564192 | Local | 384 |
Cabarita | House “Strathroy” located on former Dulux site at 145 Cabarita Road | 1 Strathroy Close | Lot 63, DP 270282 | Local | 423 |
Canada Bay | Hill’s Fig Trees (12) | Bevin Street | Local | 22 | |
Canada Bay | House | 1 Renown Street | Lot 12, DP 2165 | Local | 407 |
Canada Bay | House | 18 Walker Street | Lot 13, DP 736853 | Local | 479 |
Chiswick | Shop and residence | 92 Blackwall Point Road | Lot 2, DP 859664 | Local | 24 |
Chiswick | Chiswick Steps and retaining wall | Chiswick Street | Local | 81 | |
Chiswick | Entry gates | 16A Chiswick Street | Lot C, DP 363811 | Local | 82 |
Chiswick | House | 18 Chiswick Street | Lot A, DP 363811 | Local | 83 |
Chiswick | House | 2 Fortescue Street | Lot 3, DP 28476 | Local | 204 |
Concord | Street tree—landscape | Corner Ada and Coles Streets | Local | 7 | |
Concord | House “Marathon” | 3 Ada Street | Lot C, DP 326687 | Local | 2 |
Concord | Federation House | 4 Ada Street | Lot B, DP 927042 | Local | 3 |
Concord | House and garden | 6 Ada Street | Lot C, DP 927042 | Local | 4 |
Concord | House | 7 Ada Street | Lot 2, DP 114957 | Local | 5 |
Concord | Landscape | 23 Ada Street | Lot B, DP 317298 | Local | 6 |
Concord | House | 28 Addison Avenue | Lot 14, DP 6827 | Local | 8 |
Concord | House | 2 Alton Avenue | Lot A, DP 414636 | Local | 9 |
Concord | Mortlake Public School—school, grounds | 15 Archer Street | Lot 1, DP 782153; Lot 1, DP 729864; Lots 180–191, DP 7564 | Local | 10 |
Concord | Sub-station | 1A Arthur Street | Lot 2, DP 100697 | Local | 11 |
Concord | Pair of Inter-War Bungalows | 17–19 Arthur Street | Lots 17 and 18, DP 13702 | Local | 12 |
Concord | House | 5 Bayview Street | Lot 15, DP 16276 | Local | 14 |
Concord | House | 12 Bent Street | Lot 21, Sec 1, DP 1875 | Local | 20 |
Concord | House | 24 Bent Street | Lot 15, Sec 1, DP 1875 | Local | 21 |
Concord | House | 1 Braddon Street | Lot B, DP 308928 | Local | 30 |
Concord | House | 13 Brays Road | Lot 21, Sec B, DP 4371 | Local | 31 |
Concord | House | 14 Brays Road | Lot A, DP 354933 | Local | 32 |
Concord | Sub-station | 40A Brays Road | Lot 1, DP 321453 | Local | 33 |
Concord | St Mary’s Anglican Church—church and grounds | 54 Brays Road | Lots 1 and 2, DP 1964; Lot 1, DP 113024 | Local | 34 |
Concord | Queen Elizabeth Park—landscape | Broughton Street | Part Lot 1, DP 117862 | Local | 35 |
Concord | House | 32 Broughton Street | Lot 9, DP 7625 | Local | 36 |
Concord | House | 36 Broughton Street | Lot B, DP 405683 | Local | 37 |
Concord | House “Tamar” | 20 Burke Street | Lot 8, DP 7440 | Local | 38 |
Concord | St Luke’s Anglican Church—church and grounds | 19 Burton Street | Lots 2 and 4, DP 538607 | Local | 40 |
Concord | House “Lansdowne” | 25 Burton Street | Lot 3, Sec 1, DP 8045 | Local | 41 |
Concord | Houses “Melaleuca” and “Clewer”; Pair of terrace houses, fences and garden | 31–33 Burton Street | Lots E and D, DP 405877 | Local | 42 |
Concord | House “Loretto” | 46 Burton Street | Lot 19, Sec 2, DP 939757 | Local | 43 |
Concord | St Mary’s Church—church, convent, school, presbytery | 56–60 Burton Street | Lots 1, 2 and 4, DP 455681; Lots 1–3, DP 130919 | Local | 44 |
Concord | Street trees—landscape | Burwood Road (between Crane Street and Duke Avenue) | Local | 56 | |
Concord | Former Post Office building | 22 Burwood Road | Lot 1, DP 85034 | Local | 45 |
Concord | Sandstone kerbing (west side, adjacent)—landscape | 22–26 Burwood Road | Local | 55 | |
Concord | Former Anglican Rectory building | 24 Burwood Road | Lot Y, DP 163687 | Local | 46 |
Concord | House | 33 Burwood Road | Lots 6 and 7, DP 2931 | Local | 47 |
Concord | House | 35 Burwood Road | Lot 5, DP 2931 | Local | 48 |
Concord | Concord Primary School—school, grounds | 66 Burwood Road | Lot 1, DP 194308; Lot 2, Sec 12, DP 758623; Lots 9–14, Sec 1, DP 975955 | Local | 49 |
Concord | House | 104 Burwood Road | Lot 43, DP 6790 | Local | 50 |
Concord | House | 106 Burwood Road | Lot A, DP 301443 | Local | 51 |
Concord | House | 108 Burwood Road | Lot 41, DP 6790 | Local | 52 |
Concord | House | 110 Burwood Road | Lot 3, DP 6790 | Local | 53 |
Concord | Bayview Park—landscape | 166P Burwood Road | Lot 16, DP 2063 | Local | 54 |
Concord | House and shop | 13 Cabarita Road | Lot 4, DP 5531 | Local | 61 |
Concord | House “Allenby” | 36 Cabarita Road | Lot 2, DP 9414 | Local | 62 |
Concord | Street trees—landscape | Castlereagh Street | Local | 74 | |
Concord | “Linden” and “Swinford”. Pair of Inter-War bungalows. | 2–4 Clermont Avenue | Lots 63 and 64, DP 8972 | Local | 84 |
Concord | Inter-War Bungalows | 7–11 Clermont Avenue | Lot 57, DP 12418; Lots 25 and 26, DP 8972 | Local | 85 |
Concord | House | 8 Clermont Avenue | Lot 66, DP 8972 | Local | 86 |
Concord | House “Ardill” | 31 Clermont Avenue | Lots 13–15, DP 8972; Lot A, DP 977893 | Local | 88 |
Concord | House | 28 Clermont Avenue | Lot 34, DP 8972 | Local | 87 |
Concord | House | 36 Clermont Avenue | Lot 38, DP 8972 | Local | 89 |
Concord | Wesley Uniting Church—church and hall | 81 Concord Road | Lot 1, DP 310934; Lot 3, DP 130820; Lot A, DP 900413 | Local | 99 |
Concord | House | 99 Concord Road | Lot 4, DP 34203 | Local | 100 |
Concord | House | 11 Corby Avenue | Lot 13, DP 130490 | Local | 122 |
Concord | House | 12 Corby Avenue | Lot 23, DP 9583 | Local | 123 |
Concord | House | 13 Corby Avenue | Lot 12, DP 9583 | Local | 124 |
Concord | Presbyterian Church | 14 Cormiston Avenue | Lots 10 and 11, DP 16147 | Local | 125 |
Concord | House | 23 Cormiston Avenue | Lot A, DP 955442 | Local | 126 |
Concord | House “Trerieffe” | 42 Cormiston Avenue | Lot 8, Sec A, DP 6538 | Local | 127 |
Concord | House | 51 Cormiston Avenue | Lot 11, Sec B, DP 6538 | Local | 128 |
Concord | House | 10 Correys Avenue | Lot 10, DP 13820 | Local | 129 |
Concord | House | 16 Correys Avenue | Lot 7, DP 13820 | Local | 130 |
Concord | House | 22 Correys Avenue | Lot 4, DP 13820 | Local | 131 |
Concord | House | 24 Correys Avenue | Lot 3, DP 13820 | Local | 132 |
Concord | House “Berhilma” | 103 Correys Avenue | Lot 63, DP 9221 | Local | 133 |
Concord | House | 109 Correys Avenue | Lot 66, DP 9221 | Local | 134 |
Concord | House | 111 Correys Avenue | Lot 67, DP 9221 | Local | 135 |
Concord | Shop and residence | 28 Crane Street | Lot 1, DP 324177 | Local | 136 |
Concord | Shops | 42–46 Crane Street | Lots 1–3, DP 13862 | Local | 137 |
Concord | House | 1 Creewood Street | Lot 4, DP 13884 | Local | 138 |
Concord | House | 2 Creewood Street | Lot C, DP 316685 | Local | 139 |
Concord | House | 3 Creewood Street | Lot 5, DP 13884 | Local | 140 |
Concord | House | 4 Creewood Street | Lot B, DP 316685 | Local | 141 |
Concord | House | 5 Creewood Street | Lot 6, DP 13884 | Local | 142 |
Concord | House | 6 Creewood Street | Lot A, DP 316685 | Local | 143 |
Concord | House | 7 Creewood Street | Lot 7, DP 13884 | Local | 144 |
Concord | House | 8 Creewood Street | Lot 11, DP 13884 | Local | 145 |
Concord | House | 9 Creewood Street | Lot 1, DP 183407 | Local | 146 |
Concord | House | 10 Creewood Street | Lot 12, DP 13884 | Local | 147 |
Concord | House | 11 Creewood Street | Lot 1, DP 15085 | Local | 148 |
Concord | House | 12 Creewood Street | Lot 13, DP 13884 | Local | 149 |
Concord | House | 13 Creewood Street | Lot 2, DP 15085 | Local | 150 |
Concord | House | 14 Creewood Street | Lot 14, DP 13884 | Local | 151 |
Concord | House | 15 Creewood Street | Lot 3, DP 15085 | Local | 152 |
Concord | House | 17 Creewood Street | Lot 4, DP 15085 | Local | 153 |
Concord | House | 19 Creewood Street | Lot 5, DP 15085 | Local | 154 |
Concord | House | 21 Creewood Street | Lot 6, DP 15085 | Local | 155 |
Concord | House | 8 Daly Avenue | Lot 16, DP 12739 | Local | 165 |
Concord | House | 89 Davidson Avenue | Lot 47, DP 16249 | Local | 166 |
Concord | House | 3 Denison Street | Lot 26, DP 18879 | Local | 174 |
Concord | Street trees—landscape | Edward Street | Local | 182 | |
Concord | House “Kelvin” | 1A Edward Street | Lot C, DP 311446 | Local | 180 |
Concord | House | 16 Edward Street | Lot 1, DP 943601 | Local | 181 |
Concord | House | 3 Empire Avenue | Lots 9 and 10, DP 7503 | Local | 183 |
Concord | House | 44 Empire Avenue | Lot 2, DP 14810 | Local | 184 |
Concord | House | 48 Empire Avenue | Lot 4, DP 14810 | Local | 185 |
Concord | House | 52 Empire Avenue | Lot 6, DP 14810 | Local | 186 |
Concord | House “Marsham” | 56 Empire Avenue | Lot 8, DP 14810 | Local | 187 |
Concord | House | 12 Excelsior Street | Lot D, DP 302750 | Local | 189 |
Concord | House | 19 Excelsior Street | Lot B, DP 311832 | Local | 190 |
Concord | House | 22 Excelsior Street | Lot 2, DP 311776 | Local | 191 |
Concord | House | 18 Fairview Street | Lot 1, Sec 3, DP 749 | Local | 192 |
Concord | Henley Park—landscape | Flavelle Street | Lots 6281 and 6282, DP 3000; Crown Lots 201–210 and 278–284, DP 752023 | Local | 199 |
Concord | Adventist Church—church | 7 Flavelle Street | Lot 40, DP 6827 | Local | 196 |
Concord | House | 24 Flavelle Street | Lot 12, DP 501281 | Local | 197 |
Concord | House | 52 Flavelle Street | Lot 13, DP 5777 | Local | 198 |
Concord | House | 1 Forster Street | Lot 1, DP 512663 | Local | 203 |
Concord | Street trees—landscape | Franklyn Street | Local | 207 | |
Concord | House | 6 Franklyn Street | Lot 14, DP 12301 | Local | 205 |
Concord | House “Wangi” | 21 Franklyn Street | Lot 6, DP 12739 | Local | 206 |
Concord | House | 3 Frederick Street | Lot A, DP 392351 | Local | 208 |
Concord | St Patrick’s Church—church, Presbytery and grounds | 33 Gale Street | Lots 62–75, DP 2302 | Local | 209 |
Concord | Victorian House | 37 Gale Street | Lots 60 and 61, DP 2302 | Local | 210 |
Concord | Goddard Park—landscape | 52P Gipps Street | Part Lot 1, DP 117862 | Local | 214 |
Concord | House—Myraville | 74 Gipps Street | Lot 61, DP 7594 | Local | 215 |
Concord | Pair of Inter-War Moderne Houses | 12–14 Gloucester Street | Lots 117 and 118, DP 7564 | Local | 216 |
Concord | House | 22 Gloucester Street | Lot 1, DP 948504 | Local | 217 |
Concord | House | 2 Homedale Avenue | Lot 80, DP 7353 | Local | 255 |
Concord | Edwards Park—landscape | Ian Parade (known as 1P Wellbank Street) | Lot 120, DP 752023; Lot 289, DP 752023 plus 2 un-numbered lots | Local | 258 |
Concord | Massey Park Golf Course (grounds only) and Sanders Reserve—landscape | 1 Ian Parade (also known as 1C and 1P Ian Parade) | Lot B, DP 392351; Part Lot 22, DP 56134; Lot 18, DP 5531; Lot 21060, DP 3000 | Local | 259 |
Concord | House | 8 Jellicoe Street | Lot 58, DP 8278 | Local | 270 |
Concord | House “Unalea” | 14 Keppel Avenue | Lot 28, DP 7594 | Local | 272 |
Concord | House “Ypres” | 14 La Mascotte Avenue | Lot 34, DP 6790 | Local | 278 |
Concord | House | 24 La Mascotte Avenue | Lot 29, DP 6790 | Local | 279 |
Concord | House | 16 Lancelot Street | Lot 241, DP 7564 | Local | 281 |
Concord | Street trees—landscape | Lansdowne Street | Local | 282 | |
Concord | House | 1 Lindfield Avenue | Lot 4, DP 15402 | Local | 286 |
Concord | House | 2 Lindfield Avenue | Lot 1, DP 15402 | Local | 287 |
Concord | House | 3 Lindfield Avenue | Lot 5, DP 15402 | Local | 288 |
Concord | House “Norwich” | 4 Lindfield Avenue | Lot 2, DP 15402 | Local | 289 |
Concord | House | 5 Lindfield Avenue | Lot 6, DP 15402 | Local | 290 |
Concord | House | 11 Lindfield Avenue | Lot 9, DP 322322 | Local | 291 |
Concord | Street trees—landscape | Links Avenue | Local | 300 | |
Concord | House | 64 Links Avenue | Lot 97, DP 9221 | Local | 292 |
Concord | House | 65 Links Avenue | Lot 34, DP 521048 | Local | 293 |
Concord | House | 66 Links Avenue | Lot 96, DP 9221 | Local | 294 |
Concord | House | 67 Links Avenue | Lot 2, DP 319226 | Local | 295 |
Concord | House | 99 Links Avenue | Lot 17, DP 9221 | Local | 296 |
Concord | House | 103 Links Avenue | Lot 15, DP 9221 | Local | 297 |
Concord | House “Tarrant” | 107 Links Avenue | Lot 13, DP 9221 | Local | 298 |
Concord | House “Janibar” | 129 Links Avenue | Lot 2, DP 9221 | Local | 299 |
Concord | House | 24 Lloyd George Avenue | Lot B, DP 307951 | Local | 307 |
Concord | St Luke’s Park entrance—gateway/entrance. Gates and trees only—landscape | Loftus Street | Lot 7077, DP 752023 | Local | 308 |
Concord | Pair of Inter-War Moderne houses | 45–47 Macnamara Avenue | Lots 19–20, DP 15739 | Local | 328 |
Concord | House | 62 Macnamara Avenue | Lot 6, DP 15502 | Local | 329 |
Concord | Concord Golf Course (grounds only)—landscape | Majors Bay Road | Lot 147, DP 752023; Lots 10–16, DP 132751 | Local | 332 |
Concord | Rothwell Park—landscape | Majors Bay Road | Lot 81A, DP 752023; Lot 262, DP 752023 | Local | 333 |
Concord | Street trees in median strip—landscape | Majors Bay Road | Local | 334 | |
Concord | Post Office—building | 48 Majors Bay Road | Lot 2, DP 1001791 | Local | 330 |
Concord | Concord Memorial Hall—hall | 138 Majors Bay Road | Lots 59–62, DP 13820 | Local | 331 |
Concord | House | 8 Melbourne Street | Lot 3, DP 8664 | Local | 345 |
Concord | House | 34 Melbourne Street | Lot 16, DP 8664 | Local | 346 |
Concord | House | 33 Noble Street | Lot 160, DP 7564 | Local | 364 |
Concord | House “Netherby” and garden | 2 Park Avenue | Lot A, DP 326934 | Local | 368 |
Concord | House | 8 Park Avenue | Lot 1, DP 567218 | Local | 369 |
Concord | House | 14 Park Avenue | Lot 1, DP 15297 | Local | 370 |
Concord | House | 2 Patterson Street | Lot 22, DP 6827 | Local | 374 |
Concord | Group of Inter-War Bungalows | 13–17 Patterson Street | Lots 2 and 3, DP 16147; Lot 20, DP 16147 | Local | 375 |
Concord | House | 21 Patterson Street | Lots 21 and 22, DP 16147 | Local | 376 |
Concord | House | 32 Patterson Street | Lot 46, DP 7594 | Local | 377 |
Concord | House | 44 Patterson Street | Lot 26, DP 7594 | Local | 378 |
Concord | House | 59 Patterson Street | Lot 223, DP 752023 | Local | 379 |
Concord | House | 95 Patterson Street | Lot B, DP 333649 | Local | 380 |
Concord | House | 123 Patterson Street | Lot 6, DP 34203 | Local | 381 |
Concord | House | 34 Salt Street | Lot 35, DP 9194 | Local | 410 |
Concord | House | 36 Salt Street | Lot B, DP 320535 | Local | 411 |
Concord | Concord High School grounds—landscape | Stanley Street | Lot B, DP 414465; Lot 15, DP 8687; Lot 1, DP 60167; Part Lot 1, DP 59489; Lot 285, DP 752023 | Local | 421 |
Concord | Street trees—landscape | Stanley Street | Local | 422 | |
Concord | House “Tabratong” | 19 Stanley Street | Lot 2, DP 975955 | Local | 420 |
Concord | Street trees—landscape | Sydney Street | Local | 431 | |
Concord | Traffic island garden—landscape | Sydney Street | Local | 432 | |
Concord | House “Serendipity” | 1 Sydney Street | Lot 3, DP 311226 | Local | 429 |
Concord | Sub-station | 22A Sydney Street | Lot 1, DP 179878 | Local | 430 |
Concord | Commercial Building | 10–12 Tennyson Road | Lots A and B, DP 107947 | Local | 436 |
Concord | House and garden | 10 Thornleigh Avenue | Lots 8–11, DP 7594 | Local | 461 |
Concord | House “Glenora” | 11 Thornleigh Avenue | Lot 21, DP 7594 | Local | 462 |
Concord | House | 8 Tripod Street | Lot 1, DP 960851 | Local | 464 |
Concord | House | 29 Warbrick Street | Lot 85, DP 8278 | Local | 484 |
Concord | Central Park—landscape | Wellbank Street, corner of Clermont Avenue | Part 106A, DP 752023 | Local | 492 |
Concord | Concord Council Chambers—grounds only—landscape | Wellbank Street, corner of Flavelle Street | Lot 5, DP 35624 | Local | 493 |
Concord | Street trees—landscape | Wellbank Street between Clermont Avenue and Concord Road | Local | 494 | |
Concord | Sub-station | 2A Wellbank Street | Lot 1, DP 112384 | Local | 487 |
Concord | Greenlees Park—landscape Note— One of 3 former Arnott’s administration cottages originally located at 22–26 George Street North Strathfield is now located in this park. | 2B Wellbank Street | Crown land: Lots 405 and 482, DP 752023; Lots 1 and 2, DP 607236 | Local | 488 |
Concord | House | 42 Wellbank Street | Lot 2, DP 656083 | Local | 489 |
Concord | Baby Health Centre—building | 57A Wellbank Street | Lot 297, DP 752023 | Local | 490 |
Concord | House | 108 Wellbank Street | Lot 95, DP 7353 | Local | 491 |
Concord | House | 22 Zoeller Street | Lot 1, DP 104067 | Local | 523 |
Concord | House | 46 Zoeller Street | Lot 3, DP 10041 | Local | 524 |
Concord | House | 55 Zoeller Street | Lot 13, DP 14810 | Local | 525 |
Concord West | House | 10 Bangalla Road | Lot 65, DP 8733 | Local | 13 |
Concord West | Street trees—landscape | Boronia Street | Local | 28 | |
Concord West | House | 11 Castlestead Street | Lot 36, DP 8976 | Local | 75 |
Concord West | House | 264 Concord Road | Lot 16, Sec 1, DP 6949 | Local | 101 |
Concord West | Holy Trinity Anglican church—church and grounds | 270–272 Concord Road | Lot 2, DP 854835 | Local | 102 |
Concord West | House | 277 Concord Road | Lot 12, DP 6950 | Local | 103 |
Concord West | House | 279 Concord Road | Lot 11, DP 6950 | Local | 104 |
Concord West | Uniting Church—church | 310 Concord Road | Lots 73 and 74, DP 8733 | Local | 105 |
Concord West | Masonic Hall—building | 315 Concord Road | Lot 1, Sec C, DP 10188; Lots 87 and 88, Sec C, DP 11996 | Local | 106 |
Concord West | Concord West Public School—school | 378 Concord Road | Lots 4–9 and 31–34, DP 9353; Lot 1, DP 397135; Lot 1, DP 403986; Lot 1, DP 415541; Lot 1, DP 413949; Lot 1, DP 415864; Lot 1, DP 415538; Lot 2, DP 395296; Lot 1, DP 441539; Lot 1, DP 391492; Lot 1, DP 385981 | Local | 107 |
Concord West | House | 14 Consett Street | Lot 8, Sec F, DP 6487 | Local | 120 |
Concord West | House | 63 Consett Street | Lot 28, Sec 2, DP 6949 | Local | 121 |
Concord West | Street trees—landscape | Cumming Avenue | Local | 163 | |
Concord West | House | 16 Cumming Avenue | Lot 32, DP 6950 | Local | 159 |
Concord West | House | 18 Cumming Avenue | Lot 33, DP 6950 | Local | 160 |
Concord West | House and garden | 22 Cumming Avenue | Lot 35, DP 6950 | Local | 161 |
Concord West | House | 26 Cumming Avenue | Lot 37, DP 6950 | Local | 162 |
Concord West | ThomWalker Hospital Group—main building, former children’s hospital, former stables, former cottage, The Watergate, store, garage, grounds, entry gate and cottage | 1A Hospital Road | Lot 1, DP 725129; DP 57372; Part Lot 1, DP 166721 | State | 257 |
Concord West | Concord Repatriation Hospital—original main building, grounds and layout | 1C and 1H Hospital Road | Lot 2, DP 89877 | Local | 256 |
Concord West | House | 4 Iandra Street | Lot 34, Sec F, DP10188 | Local | 260 |
Concord West | House | 7 Iandra Street | Lot 36, Sec G, DP 10188 | Local | 261 |
Concord West | House | 10 Iandra Street | Lot 31, Sec F, DP 10188 | Local | 262 |
Concord West | House | 11 Iandra Street | Lots 38 and 68, Sec G, DP 10188 | Local | 263 |
Concord West | House | 13 Iandra Street | Lot 39, Sec G, DP 10188 | Local | 264 |
Concord West | House and garden | 42 Iandra Street | Lot 15, Sec F, DP 10188 | Local | 265 |
Concord West | House and garden | 44 Iandra Street | Lot 14, Sec F, DP 10188 | Local | 266 |
Concord West | House and garden | 46 Iandra Street | Lot 13, Sec F, DP 10188 | Local | 267 |
Concord West | House | 52 Iandra Street | Lot 10, Sec F, DP 10188 | Local | 268 |
Concord West | House | 54 Iandra Street | Lot 9, Sec F, DP 10188 | Local | 269 |
Concord West | Rhodes Park Kokoda Trail Memorial—landscape | Killoola Street | Lot 7062, DP 93918; Crown Lot 4, DP 20270; Lot 1, DP 85560; Lots 9–25, DP 20309; Lot 1, DP 535257 | Local | 273 |
Concord West | House | 1 Mackenzie Street | Lot 16A, DP 12602 | Local | 324 |
Concord West | House | 54 Mackenzie Street | Lot 5, Sec C, DP 6487 | Local | 325 |
Concord West | House “Camellia” | 56 Mackenzie Street | Lot 4, Sec C, DP 6487 | Local | 326 |
Concord West | Pair of Inter-War Bungalows | 74–76 Mackenzie Street | Lots 6 and 7, Sec 2, DP 6949 | Local | 327 |
Concord West | House | 59 Mepunga Street | Lot 76, Sec B, DP 11996 | Local | 347 |
Concord West | Street trees—landscape | Myall Street | Local | 356 | |
Concord West | House “Halcyon” and garden | 76 Myall Street | Lot 17, Sec D, DP 10188 | Local | 355 |
Concord West | Pair of Inter-War Modern houses | 15–17 Nirranda Street | Lots 53 and 54, Sec C, DP 11996 | Local | 361 |
Concord West | House | 35 Nirranda Street | Lot 63, Sec C, DP 11996 | Local | 362 |
Concord West | House | 79 Nirranda Street | Lot 1, DP 14318 | Local | 363 |
Concord West | Arthur Walker Reserve—landscape Note— One of 3 former Arnott’s administration cottages originally located at 22–26 George Street, North Strathfield is now located in this Reserve. | Nullawarra Avenue | Lot 6, DP 606747 | Local | 366 |
Concord West | Street trees—landscape | Nullawarra Avenue | Local | 367 | |
Concord West | Dame Eadith Walker Hospital Group—Dairy, Gatehouse, Coach House, “Boronia” cottage, timber garages, “Woodbine” cottage, Stables, Prince of Wales Squash Courts, “Yaralla House”, “Jonquil” cottage, garages, “Magnolia” cottage, hospital grounds | 11 Nullawarra Avenue | Lots 1 and 2, DP 231732 | State | 444 |
Concord West | Concord West Railway Station—train station | Queen Street | Lot 101, DP 1002884 | Local | 394 |
Concord West | Concord West Railway Station park—landscape | Queen Street | Lot 101, DP 1002884 | Local | 395 |
Concord West | House | 52 Queen Street | Lot 10, DP 6487 | Local | 389 |
Concord West | House | 173 Queen Street | Lot 20, Sec E, DP 6487 | Local | 390 |
Concord West | House | 177 Queen Street | Lot 22, Sec E, DP 6487 | Local | 391 |
Concord West | St Ambrose School—school | 227 Queen Street | Lot 14, Sec 3, DP 6949 | Local | 392 |
Concord West | House | 361 Queen Street | Lot 23, DP 9353 | Local | 393 |
Concord West | Street trees—landscape | The Drive | Local | 451 | |
Concord West | House | 8 The Drive | Lot 32, Sec E, DP 10188 | Local | 445 |
Concord West | House and garden | 28 The Drive | Lot 22, Sec E, DP 10188 | Local | 446 |
Concord West | House | 39 The Drive | Lot 55, Sec E, DP 10188 | Local | 447 |
Concord West | House and garden | 40 The Drive | Lot 16, Sec E, DP 10188 | Local | 448 |
Concord West | House | 58 The Drive | Lot 7, Sec E, DP 10188 | Local | 449 |
Concord West | House “The Lodge” | 67 The Drive | Lot 68, Sec F, DP 10188 | Local | 450 |
Concord West | House | 12 Victoria Avenue | Lot 19, DP 6145 | Local | 465 |
Concord West | Shop | 29 Victoria Avenue | Lot 46, DP 654453 | Local | 466 |
Concord West | Powell’s Creek Reserve—landscape | 64–66 Victoria Avenue | Lot 5, DP 778667; Lot 2, DP 218758 | Local | 467 |
Concord West | Post Box—Federation Post Box | Wilga Street and corner of Concord Road | Local | 503 | |
Concord West | House | 11 Wilga Street | Lot 60, Sec D, DP 10188 | Local | 497 |
Concord West | House | 12 Wilga Street | Lot 40, Sec C, DP 10188 | Local | 498 |
Concord West | House | 13 Wilga Street | Lot 61, Sec D, DP 10188 | Local | 499 |
Concord West | House “Edgecote” | 52 Wilga Street | Lot 20, Sec C, DP 10188 | Local | 500 |
Concord West | House | 56 Wilga Street | Lot 18, Sec C, DP 10188 | Local | 501 |
Concord West | House | 77 Wilga Street | Lot 93, Sec D, DP 10188 | Local | 502 |
Concord West | Street trees—landscape | Wunda Road | Local | 517 | |
Concord West | House | 6 Wunda Road | Lot 2, DP 510784 | Local | 515 |
Concord West | House “Curzon” | 9 Wunda Road | Lot 2, DP 14878 | Local | 516 |
Concord West | Street trees—landscape | Yaralla Street | Local | 521 | |
Concord West | Warbrick Park—landscape | 87P Yaralla Street | Lots 1–6 and 29–32, Sec 1, DP 6949 | Local | 520 |
Drummoyne | Pair of semi-detached houses | 7–9 Bayswater Street | Lots D and E, DP 108487 | Local | 19 |
Drummoyne | Drummoyne Baptist Church | Corner Bowman and Tranmere Streets | Lot 1, DP 974933 | Local | 29 |
Drummoyne | House | 13 Burnell Street | Lot 39, DP 11814 | Local | 39 |
Drummoyne | House “Carthona” | 14 Cambridge Road | Part Lot B, DP 310000 | Local | 63 |
Drummoyne | House | 70 Cary Street (also known 70 Roseby Street) | Lot 5, Sec 11, DP 862 | Local | 72 |
Drummoyne | House | 72 Cary Street (also known 72 Roseby Street) | Lot 4, Sec 11, DP 862 | Local | 73 |
Drummoyne | St Bede’s Anglican Church | 14 College Street | Lot 1, DP 176004 | Local | 90 |
Drummoyne | St Bede’s Anglican Church Rectory and Hall (former church) | 21 College Street | Lots 39 and 41, Sec 2, DP 967; Lot B, DP 311845 | Local | 91 |
Drummoyne | Uniting Church and Hall | 33 College Street | Lot 27, Sec 2, DP 967 | Local | 92 |
Drummoyne | The Manse | 63 College Street | Lot 1, DP 974090 | Local | 93 |
Drummoyne | Group of four Victorian Italianate houses | 5–11 Collingwood Street | Lots 21–24, Sec 3, DP 964 | Local | 95 |
Drummoyne | House “Glendalough” | 23 Collingwood Street | Lot 30, DP 964; Lot 1, DP 961267 | Local | 96 |
Drummoyne | House | 26 Collingwood Street (also known 123 St Georges Crescent) | Lot 1, DP 127369 | Local | 97 |
Drummoyne | House | 28 Collingwood Street (also known 125 St Georges Crescent) | Lot 27, Sec 5, DP 964; Lot 1, DP 912029 | Local | 98 |
Drummoyne | Scout Hall, Former Residence | 11 Dening Street | Lots 99 and Part 100, DP 980; Lot 98, DP 661923; Lot 1, DP 982611 | Local | 167 |
Drummoyne | House “Emstone House” | 13 Dening Street | Lot 97, DP 980 | Local | 168 |
Drummoyne | House “Dorothy” | 22 Dening Street | Lot 12, DP 4514 | Local | 169 |
Drummoyne | House | 24 Dening Street | Lot 13, DP 4514 | Local | 170 |
Drummoyne | House | 25 Dening Street | Lot 91, DP 980 | Local | 171 |
Drummoyne | House | 26 Dening Street | Lot 14, DP 4514 | Local | 172 |
Drummoyne | House | 54 Dening Street | Lot 1, DP 1015696 | Local | 173 |
Drummoyne | House “Clovelly” | 1 Drummoyne Avenue | Lot 1, DP 856715 | Local | 175 |
Drummoyne | Marist Brothers’ House | 14 Drummoyne Avenue | Lots 37 and 38, DP 3076; Lot 1, DP 949058; Lot 1, DP 575845 | Local | 176 |
Drummoyne | House “Shalimar”—private garden, fence and gate | 16 Drummoyne Avenue | Lot 1, DP 850331 | Local | 177 |
Drummoyne | House “Tobique” | 44 Drummoyne Avenue | Lot 1, DP 927266 | Local | 178 |
Drummoyne | House | 18 Formosa Street | Lot 1, DP 798690 | Local | 200 |
Drummoyne | Pair of semi-detached houses | 20–22 Formosa Street | Lots 1 and 2, DP 203823; Lots 6 and 7, DP 776214 | Local | 201 |
Drummoyne | House | 32 Formosa Street | Lot 1, DP 655199 | Local | 202 |
Drummoyne | House | 19 Hampden Road | Lot A, DP 372155 | Local | 240 |
Drummoyne | House | 21 Hampden Road | Lot B, DP 372155 | Local | 241 |
Drummoyne | Natural Foreshore between Ullathorne Street and Drummoyne Swimming Pool | Henley Marine Drive | Local | 242 | |
Drummoyne | Iron Cove Bridge Abutment (1882) | Henley Marine Drive between the bridge and the swimming pool | Local | 243 | |
Drummoyne | MWS and DB Sewerage Pumping Station | Corner Henley Marine Drive and Ullathorne Street (119W Henley Marine Drive) | Lot 1, DP 437891; Lot 2, DP 437891 | Local | 246 |
Drummoyne | Palms, Camphor Laurels, Brush Box and Hill’s Figs | Lyons Road | Local | 310 | |
Drummoyne | Hotel | 13 Lyons Road | Lot 1, DP 182751 | Local | 311 |
Drummoyne | Drummoyne Fire Station | 29 Lyons Road | Lot 1, DP 931672 | Local | 312 |
Drummoyne | Drummoyne Presbyterian Church and Sir ThomHenley Memorial Sunday School and Hall | 31 Lyons Road | Lot 1, Sec 3, DP 967 | Local | 313 |
Drummoyne | Sutton Place Shops | 38–50 Lyons Road | Lots 1–22, DP 38722 | Local | 314 |
Drummoyne | House “Kinvara” | 54 Lyons Road | Lot 2, DP 657666 | Local | 315 |
Drummoyne | Sydney Electricity Sub-station | 60 Lyons Road | Lot 70, DP 668981 | Local | 316 |
Drummoyne | House | 68 Lyons Road | Lot 3, DP 5980 | Local | 317 |
Drummoyne | House | 153 Lyons Road | Lots 2 and 3, DP 4462 | Local | 318 |
Drummoyne | War Memorial Monument (on grounds of Council Chambers) | 1A Marlborough Street | Lots 1 and 2, DP 1091309; Lot 1, DP 724469 | Local | 343 |
Drummoyne | House “Rosebank—Waratah” | 35 Marlborough Street | Lots 1–26, SP 39227 | Local | 344 |
Drummoyne | House | 10 Park Avenue | Lots 30 and 31, Sec 8, DP 862 | Local | 372 |
Drummoyne | House | 39 Park Avenue | Lot 18, Sec 9, DP 862 | Local | 373 |
Drummoyne | House | 24 Moore Street | Lot 60, DP 980 | Local | 351 |
Drummoyne | House | 31 Moore Street | Lot 28, DP 972982 | Local | 352 |
Drummoyne | House | 40 Moore Street | Lots 52 and 53, DP 980 | Local | 353 |
Drummoyne | Reservoir | Rawson Avenue | Lots 13–16, DP 455626 | State | 404 |
Drummoyne | Drummoyne Public School | Rawson Avenue | Lot 1, DP 122899 | Local | 405 |
Drummoyne | Birkenhead Point, Former Dunlop Factory Buildings | 19A Roseby Street | Lot 110, DP 1019787 | Local | 409 |
Drummoyne | House | 7 South Street | Lot 2, DP 966506 | Local | 413 |
Drummoyne | House | 41 St George’s Crescent | Lot 48, DP 3771 | Local | 415 |
Drummoyne | House | 52–52A St George’s Crescent | Lots 1 and 2, DP 1002598/2 | Local | 416 |
Drummoyne | House | 123 St George’s Crescent (also known 26 Collingwood Street) | Lot 1, DP 127369 | Local | 417 |
Drummoyne | House | 125 St George’s Crescent (known 28 Collingwood Street) | Lot 27, Sec 5, DP 964 | Local | 418 |
Drummoyne | House | 129 St George’s Crescent (known 129 Lower St George’s Crescent) | Lot 1, DP 965863 | Local | 419 |
Drummoyne | House | 1 Stuart Crescent | Lots 1 and 2, DP 19788 | Local | 424 |
Drummoyne | Bourketown Square | Thompson and Plunkett Streets | Local | 452 | |
Drummoyne | Electric Street Light | Thompson Street | Local | 453 | |
Drummoyne | Shop and Residence | 50 Thompson Street | Lot A, DP 108310 | Local | 454 |
Drummoyne | House “The Laurels” | 53 Thompson Street | Lot 19, DP 3225 | Local | 455 |
Drummoyne | Shop and Residence | 54 Thompson Street | Lot 1, DP 666150 | Local | 456 |
Drummoyne | House “Glendenning” | 55 Thompson Street | Lot 20, DP 3225 | Local | 457 |
Drummoyne | House “Wyncroft” | 57 Thompson Street | Lot 21, DP 3225 | Local | 458 |
Drummoyne | House “Rhodesia” | 62A Thompson Street | Lot 6, DP 3045 | Local | 459 |
Drummoyne | House “Alma” | 66 Thompson Street | Lot 5, DP 330587 | Local | 460 |
Drummoyne | St Mark’s Catholic Church and grounds | 35 Tranmere Street | Lot 21, DP 662855; Lots 19 and 20, Sec 1, DP 967; Lot 18, DP 667068 | Local | 463 |
Drummoyne | House | 308 Victoria Place | Lot 5, DP 659465; Lot 1, DP 616899 | Local | 468 |
Drummoyne | House | 339 Victoria Place | Lot 3, DP 377400 | Local | 469 |
Drummoyne | House | 341 Victoria Place | Lot 2, DP 377400 | Local | 470 |
Drummoyne | House | 343 Victoria Place | Lot 1, DP 377400 | Local | 471 |
Drummoyne | Boatshed | 348 Victoria Place | Lot 13, DP 1514 | Local | 472 |
Drummoyne | House | 352 Victoria Place | Lot 100, DP 1012238 | Local | 473 |
Drummoyne | Howley Park, Five Dock Point | 361P Victoria Place | Lots 7057 and 7058, DP 94083; Lot 1, DP 930001 | Local | 475 |
Drummoyne | Abutments Gladesville Bridge, Five Dock Point | End Victoria Place | Local | 474 | |
Drummoyne | Shop and Residence | 64 Victoria Road | Lot 6, DP 862 | Local | 476 |
Drummoyne | Westpac Bank | 191 Victoria Road | Lot 8, Sec 1, DP 862 | Local | 477 |
Drummoyne | Reorganised Church of Jesus Christ of Latter Day Saints | 234 Victoria Road | Lot 1, DP 777456 | Local | 478 |
Drummoyne | MWS and DB Pump House | 24 Westbourne Street | Lot B, DP 396119 | Local | 495 |
Drummoyne | House | 46 Westbourne Street | Lot 1, DP 11002119 | Local | 496 |
Drummoyne | House | 1 Wolseley Street | Lot 1, DP 1091262 | Local | 504 |
Drummoyne | House | 3 Wolseley Street | Lot 37, Sec 5, DP 964 | Local | 505 |
Drummoyne | House | 4 Wolseley Street | Lot 17, DP 964 | Local | 506 |
Drummoyne | House | 9 Wolseley Street | Lot 101, DP 1070278 | Local | 507 |
Drummoyne | House “Yawatta” | 11 Wolseley Street | Lot 1, DP 943442 | Local | 508 |
Drummoyne | Brush Box Street Planting | Wrights Road | Local | 510 | |
Drummoyne | House | 2 Wrights Road | Lot A, DP 421080 | Local | 511 |
Drummoyne | Stone Abutments | 4P Wrights Road | Lot 498, DP 752023 | Local | 509 |
Drummoyne | House “Dunaverty” and garden | 8 Wrights Road | Lots 5 and 6, DP 964; Lot 1, DP 779912 | Local | 512 |
Drummoyne | Canary Island Palms (2) | 28 Wrights Road | Lot 5, Sec 4, DP 964 | Local | 513 |
Drummoyne | House “Omrah” | 45 Wrights Road | Lot A, DP 18979 | Local | 514 |
Drummoyne and Five Dock | Iron Cove Foreshore Drive | Henley Marine Drive and Timbrell Drive | Local | 244 | |
Five Dock | Five Dock Oval and Park | Barnstaple Road, Ingham Avenue and Park Road | Lot 3, DP 717249 | Local | 15 |
Five Dock | House | 30 Connecticut Avenue | Lot 30, Sec B, DP 5738 | Local | 119 |
Five Dock | House “Erina” | 18 Erina Avenue | Lots 1 and 2, DP 529228 | Local | 188 |
Five Dock | House | 93 First Avenue | Lot 143, DP 7510 | Local | 193 |
Five Dock | Domremy Convent Group | 121 First Avenue | Lot 1, DP 128043; Lot 5, DP 224319 | Local | 194 |
Five Dock | Five Dock Masonic Hall | 177 First Avenue | Lots 24 and 25, DP 7401 | Local | 195 |
Five Dock | Police Station | 14 Garfield Street | Lot 1, DP 799459 | Local | 211 |
Five Dock | Five Dock Hotel | 74 Great North Road | Lot 1, DP 125908; Lot A, DP 324414 | Local | 223 |
Five Dock | Former CBC of Sydney Bank | 94 Great North Road | Lot 1, DP 236750 | Local | 224 |
Five Dock | Attached shops | 133–135 Great North Road | Lots 8 and 9, DP 220545 | Local | 225 |
Five Dock | St Alban’s Anglican Church | 171–173 Great North Road | Lot D, DP 158552; Lot 8, DP 17324 | Local | 226 |
Five Dock | St Alban’s Anglican Church Rectory | 175 Great North Road | Lot 7, DP 17324 | Local | 227 |
Five Dock | St Alban’s Anglican Church Hall and Shops | 177–179 Great North Road | Part Lot 6, DP 17324 | Local | 228 |
Five Dock | Post Office | 187 Great North Road | Lot 1, DP 210406 | Local | 229 |
Five Dock | Terrace of three shops | 189–193 Great North Road | Lots 1–3, DP 11313 | Local | 230 |
Five Dock | House | 28 Henry Street | Lot 2, DP 215955 | Local | 248 |
Five Dock | Five Dock Public School and Garden | 33E Henry Street | Lot 1, DP 1074723 | Local | 247 |
Five Dock | House | 58 Henry Street | Lot 1, DP 13590 | Local | 249 |
Five Dock | House | 60 Henry Street | Lot 2, DP 13590 | Local | 250 |
Five Dock | House | 62 Henry Street | Lot 3, DP 13590 | Local | 251 |
Five Dock | House | 64 Henry Street | Lot 4, DP 13590 | Local | 252 |
Five Dock | House | 44 Kings Road | Lot 1, DP 656132 | Local | 274 |
Five Dock | House | 46 Kings Road | Part Lot 2, DP 2609 | Local | 275 |
Five Dock | House | 48 Kings Road | Lot 3, DP 656134 | Local | 276 |
Five Dock | House | 20 Kirrang Street | Lot 38, DP 9883 | Local | 277 |
Five Dock | Corner Shop and Residence | 30 Lavender Street | Lot 18, DP 84536 | Local | 283 |
Five Dock | Hills Figs | Lyons Road between Great North Road and 418 Lyons Road | Local | 322 | |
Five Dock | Palms, Camphor Laurels and Brush Box | Lyons Road between Gipps and Dening Streets | Local | 323 | |
Five Dock | House | 410 Lyons Road | Lot B, DP 317595 | Local | 320 |
Five Dock | Brush Box Street Planting | Lyons Road West | Local | 321 | |
Five Dock | House “Allowrie” | 38 Minnesota Avenue | Lot 33, Sec A, DP 5738 | Local | 348 |
Five Dock | House | 43 Minnesota Avenue | Lot 9, Sec B, DP 5738 | Local | 349 |
Five Dock | House “Murralong” | 42 Murralong Avenue | Lot B, DP 312650 | Local | 354 |
Five Dock | House “Lazy Acres” | 1 Norman Street | Lot 2, DP 449877 | Local | 365 |
Five Dock | Rosebank College | 121 Parramatta Road | Lot 10, DP 718237 | Local | 371 |
Five Dock | House | 16 Queens Road | Lot 10, DP 1090805 | Local | 398 |
Five Dock | House | 18 Queens Road | Lot B, DP 320559 | Local | 399 |
Five Dock | House “Riverview” | 44 Queens Road | Lot 1, DP 320508 | Local | 400 |
Five Dock | One of a pair of Terrace Houses | 140 Queens Road | Lot 101, DP 826625 | Local | 401 |
Five Dock | One of a pair of Terrace Houses | 142 Queens Road | Lot 100, DP 826625 | Local | 402 |
Five Dock | Pair of Shops | 82–84 Ramsay Road | Lot 1, DP 1000063 | Local | 403 |
Five Dock | House | 6 Rodd Road | Lot 27, DP 4855 | Local | 408 |
Five Dock | House | 32 Wareemba Street | Lot 51, Sec C, DP 5521 | Local | 485 |
Five Dock | House | 39 Waterview Street | Lot 11, DP 869673 | Local | 486 |
Five Dock | Pair of semi-detached houses | 1A–5 York Avenue | Lot A, DP 321125; Lot 1, DP 984101 | Local | 522 |
Mortlake | Wangal Centenary Bushland Reserve—landscape | Hilly Street | Lot 41, DP 736614; Lot 1, DP 738239; Lots 10 and 11, DP 241277 | Local | 254 |
Mortlake | Mortlake Punt—ramp, slipway, setting | 33W Hilly Street | Part Lot 1, DP 1064906 | Local | 253 |
Mortlake | Palace Hotel | 62 Tennyson Road | Lot 4, DP 415523 | Local | 440 |
Mortlake | Shop | 64 Tennyson Road | Lots 15 and 16, DP 1937 | Local | 441 |
Mortlake | Shop | 70 Tennyson Road | Lot 3, DP 854618 | Local | 442 |
North Strathfield | House | 2 Carrington Street | Lots 66 and 67, Sec 4, DP 1835 | Local | 64 |
North Strathfield | Concord Baptist Church—church | 3 Carrington Street | Lots 33 and 34, Sec 3, DP 1835 | Local | 65 |
North Strathfield | House | 4 Carrington Street | Lots 68 and 69, Sec 4, DP 1835 | Local | 66 |
North Strathfield | House | 7 Carrington Street | Lots 29 and 30, Sec 3, DP 1835 | Local | 67 |
North Strathfield | House | 13 Carrington Street | Lot 26, Sec 3, DP 1835 | Local | 68 |
North Strathfield | House | 14 Carrington Street | Lot 1, DP 918828 | Local | 69 |
North Strathfield | House | 17 Carrington Street | Lot 24, Sec 3, DP 1835 | Local | 70 |
North Strathfield | House | 19 Carrington Street | Lots 22 and 23, Sec 3, DP 1835 | Local | 71 |
North Strathfield | House | 64 Concord Road | Lots 2 and 3, DP 703453 | Local | 108 |
North Strathfield | Yaralla Cottages—houses and grounds | 156–166 Concord Road | Lot 1, DP 115900 | Local | 109 |
North Strathfield | House and garden | 176 Concord Road | Lot 15, DP 11808 | Local | 110 |
North Strathfield | St Stephen’s Presbyterian Church—plantings | 182 Concord Road | Lots 14 and 15, Sec B, DP 6487 | Local | 111 |
North Strathfield | Commonwealth Bank Building | 191 Concord Road | Lot 31, DP 223623 | Local | 112 |
North Strathfield | Strathfield North Public School—school and grounds | 249 Concord Road | Lot 1, DP 117820; Lots 25–30, DP 6950 | Local | 113 |
North Strathfield | Street trees—landscape | Cumming Avenue | Local | 164 | |
North Strathfield | Shops | 16–18 George Street | Lot 1, DP 1002876 | Local | 212 |
North Strathfield | Sub-station | 40A George Street | Lot 1, DP 1629 | Local | 213 |
North Strathfield | Street trees—landscape | Napier Street | Local | 357 | |
North Strathfield | House | 8 Nelson Road | Lot 41, Sec 2, DP 4668 | Local | 358 |
North Strathfield | House | 13 Nelson Road | Lot 11, Sec 3, DP 4668 | Local | 359 |
North Strathfield | House | 24 Nelson Road | Lot A, DP 411176 | Local | 360 |
North Strathfield | House “Sunnyside” | 14 Princess Avenue | Lot 1, DP 937811 | Local | 387 |
North Strathfield | House | 26 Princess Avenue | Lot 63, DP 1835 | Local | 388 |
North Strathfield | Street trees (adjacent to North Strathfield Railway Station)—landscape | Queen Street | Lot 101, DP 1002884 | Local | 397 |
North Strathfield | House | 15 Queen Street | Lots 1 and 2, Sec 4, DP 1835 | Local | 396 |
North Strathfield | House | 4 Shipley Avenue | Lot 5, Sec A, DP 5360 | Local | 412 |
North Strathfield | House | 11 Sydney Street | Lots 45–47, DP 1835 | Local | 433 |
North Strathfield | House | 23 Sydney Street | Lots 35–38, DP 1835 | Local | 434 |
North Strathfield | Pair of Victorian Gothic Villas | 33–35 Sydney Street | Lots 25 and 26, DP 1835; Lot 3, DP 711388 | Local | 435 |
North Strathfield | House | 10 Waratah Street | Lot 31, DP 5360 | Local | 483 |
Rhodes | Rhodes Railway Station—Platforms 2 and 3 | Blaxland Road | State | 25 | |
Rhodes | House and garden | 59 Blaxland Road | Lot 24, DP 5923 | Local | 26 |
Rhodes | Rhodes Public School | 63 Blaxland Road | Lot 21, DP 5923; Lot 22, DP 5923 | Local | 27 |
Rhodes | Street trees—landscape | Cavell Avenue | Local | 79 | |
Rhodes | Concord Community Hostel—grounds only—landscape | 4A Cavell Avenue | Lots 40 and 41, DP 5923 | Local | 76 |
Rhodes | Warehouse | 14 Cavell Avenue | Lot 50, DP 747036 | Local | 77 |
Rhodes | House | 35 Cavell Avenue | Lot 135, DP 6401 | Local | 78 |
Rhodes | King George V Park—landscape | Concord Road | Lots 14–17 and 25–28, DP 739491 | Local | 114 |
Rhodes | Ryde Bridge street trees (Ryde Bridge approach)—landscape | Concord Road | Local | 116 | |
Rhodes | Uhr’s Point Reserve—landscape | Concord Road | Lot 7051, DP 1059395 | Local | 117 |
Rhodes | McIlwaine Park—landscape | Concord Road (corner Blaxland Road and Mary Street) | Lot 502, DP 752023; Crown Lots 17–21 and 23, DP 792101; Lot 61, DP 668894; Lot 1, DP 724123; PTB, DP 399950; Lot 18, DP 527623; Lot 2, DP 530418 | Local | 115 |
Rhodes | Rhodes Industrial Park—grounds | 410 Concord Road | Lot 12, DP 875656 | Local | 118 |
Rhodes | Street trees—landscape | Cropley Street | Local | 158 | |
Rhodes | House | 6 Cropley Street | Lot B, DP 401497 | Local | 156 |
Rhodes | House “Cressbrooke” | 19 Cropley Street | Lot 104, DP 6401 | Local | 157 |
Rhodes | Street trees—landscape | Llewellyn Street | Local | 306 | |
Rhodes | House | 20 Llewellyn Street | Lot 79, DP 6401 | Local | 301 |
Rhodes | House “Kilcreggan” | 23 Llewellyn Street | Lot 13, DP 522452 | Local | 302 |
Rhodes | House | 37 Llewellyn Street | Lot 15, DP 6401 | Local | 303 |
Rhodes | House | 71 Llewellyn Street | Lot 32, DP 6401 | Local | 304 |
Rhodes | House “Monaro” and garden | 73 Llewellyn Street | Lot 33, DP 6401 | Local | 305 |
Rodd Point | Rodd Park and Family Vault | Henley Marine Drive | Lot 15068, DP 1603 (Crown); Part Lot 130, DP 61412 | Local | 245 |
Russell Lea | MWS and DB Pump House No 65 | 33B Byrne Avenue | Lots 17 and 18, DP 8867; Lot 101, DP 774790 | Local | 57 |
Russell Lea | House “Glenwood” | 21 Lamrock Avenue | Lot 21, DP 14487 | Local | 280 |
Russell Lea | House | 7 Luc Avenue | Lot 2, DP 509362 | Local | 309 |
Russell Lea | Service Station | 313 Lyons Road | Lot 4, DP 14487 | Local | 319 |
Russell Lea | House | 11 Mooculta Avenue | Lot 12, Sec F, DP 7156 | Local | 350 |
Strathfield | House | 5 Leicester Avenue | Lot 1, DP 930791 | Local | 284 |
Strathfield | House | 7 Leicester Avenue | Lot A, DP 320760 | Local | 285 |
Strathfield | Street trees—landscape | Manson Road | Local | 342 | |
Strathfield | House | 10 Manson Road | Lot 10, DP 4386 | Local | 335 |
Strathfield | House | 14 Manson Road | Lot 2, DP 323553 | Local | 336 |
Strathfield | House | 16 Manson Road | Lot 1, DP 188326 | Local | 337 |
Strathfield | House and garden | 18 Manson Road | Lot 2, DP 321309 | Local | 338 |
Strathfield | House | 20 Manson Road | Lot 1, DP 321309 | Local | 339 |
Strathfield | House | 22–24 Manson Road | Lots A and B, DP 406120 | Local | 340 |
Strathfield | House | 30 Manson Road | Lot 25, DP 703454 | Local | 341 |
Strathfield | House | 19 Swan Avenue | Lot 10, DP 5336 | Local | 426 |
Strathfield | House | 20 Swan Avenue | Lot 39, DP 5336 | Local | 427 |
Strathfield | St Andrew’s Church—church | 37 Swan Avenue | Lots 20–23, DP 5336; Lot 1, DP 1091154 | Local | 425 |
Strathfield | Milling Place—mature deodar, cedar trees (known Swan Avenue Reserve) | 42P Swan Avenue | Lot 2, DP 868755 | Local | 428 |
Part 2 Heritage conservation areas
Description | Identification on heritage map | Significance |
Bourketown Conservation Area | Shown by red hatching and labelled “A” | Local |
Parklands Estate Conservation Area | Shown by red hatching and labelled “B” | Local |
Drummoyne Park Conservation Area | Shown by red hatching and labelled “C” | Local |
Drummoyne Avenue East Conservation Area | Shown by red hatching and labelled “D” | Local |
Drummoyne Avenue West Conservation Area | Shown by red hatching and labelled “E” | Local |
Victoria Road Retail Conservation Area | Shown by red hatching and labelled “F” | Local |
Gears Avenue Conservation Area | Shown by red hatching and labelled “G” | Local |
Hampden Road Conservation Area | Shown by red hatching and labelled “H” | Local |
Thompson Street Conservation Area | Shown by red hatching and labelled “I” | Local |
Gipps Street Conservation Area | Shown by red hatching and labelled “J” | Local |
Marlborough and Tavistock Streets Conservation Area | Shown by red hatching and labelled “K” | Local |
Birkenhead and Dawson Estates Conservation Area | Shown by red hatching and labelled “L” | Local |
Mons Street and Boronia Avenue Conservation Area | Shown by red hatching and labelled “M” | Local |
Moore Street Conservation Area | Shown by red hatching and labelled “N” | Local |
Yaralla Estate Conservation Area | Shown by red hatching and labelled “O” | Local |
Park Avenue Conservation Area | Shown by red hatching and labelled “Q” | Local |
Lindfield Avenue Conservation Area | Shown by red hatching and labelled “R” | Local |
Creewood Street Conservation Area | Shown by red hatching and labelled “S” | Local |
Powell’s Estate Conservation Area | Shown by red hatching and labelled “T” | Local |
Majors Bay Road Conservation Area | Shown by red hatching and labelled “U” | Local |
sch 5: Am 2008 No 114, Sch 2.4.
Schedule 6 Transitional provisions for certain sites
(Clause 6.9)
Part 1 Development of certain land at Breakfast Point
1 Land to which this Part applies
This Part applies to the land that is former Lot 1, DP 716536, as shown on Sheet 4 of the Special Transitional Sites Map and identified as “B1”, “B2”, “B3” and “B4”.
2 Planning and development objectives for Breakfast Point
The objectives relating to the planning and development of the land to which this Part applies are as follows:(a) Access, traffic management and parking(i) to provide a hierarchy of roads and landscape elements to distinguish access points and different types of circulation through Breakfast Point, and(ii) to provide access to and through Breakfast Point that is safe and convenient for all users (for example, public transport, private vehicles, cyclists and pedestrians) and minimises adverse environmental amenity impacts, and(iii) to ensure public pedestrian and cycle access along the foreshore and between the foreshore and adjoining public areas such as Cabarita Park, and(iv) to provide convenient access for people with disabilities, and(v) to encourage the establishment of a suitable ferry wharf, and(vi) to encourage integrated public transport systems to service Breakfast Point and adjoining neighbourhoods, and(vii) to provide adequate vehicle and bicycle parking, in terms of demand and design, for employees, residents and visitors,(b) Built form and integration with adjoining development(i) to provide a variety of housing types and forms having regard to the needs of the community, and(ii) to encourage buildings that physically address the public domain and particularly the street, and(iii) to promote the integration of heritage buildings and items with new buildings and open space, and(iv) to position low-rise buildings next to existing residential areas and provide a gradation of higher buildings towards the centre of Breakfast Point so that impacts of higher buildings on existing residential areas are contained, and(v) to ensure the creation, retention and enhancement of significant vistas to and from Breakfast Point and, in particular, to and from the Parramatta River, and(vi) to provide development that responds to the topography of Breakfast Point and incorporates the natural and man-made landscape features, and(vii) to use appropriate separation between buildings as a means of providing acoustic and visual privacy, and(viii) to recognise the unique characteristics and development objectives of the different precincts into which Breakfast Point is divided.In general, these precincts and their respective characteristics and development objectives are as follows:Precinct B1 generally comprises the southern part of Breakfast Point, adjoining existing residential areas in Brays Road and Bishop and Medora Streets. Its objective is to provide low-rise residential development that is of a scale, style and character sympathetic to existing residential development in the locality, without imitating that development.Precinct B2 generally comprises the northern part of Breakfast Point fronting the Parramatta River. Its objectives are:• to integrate future development with heritage items remaining in this precinct, and• to encourage development that takes advantage of views and view corridors to and from the Parramatta River, and• to provide supporting land uses around any ferry wharf, and• to integrate other development with the public access and landscaped open space provided along the foreshore.Precinct B3 generally comprises the central part of Breakfast Point. Its objectives are:• to encourage taller forms of development where adverse impacts on existing adjoining residential areas are less likely to occur and where views of the Parramatta River and beyond can be achieved, and• to integrate new development with heritage items.Precinct B4 generally comprises the western part of Breakfast Point, adjoining Tennyson Road and Emily Street. Its objectives are:• to integrate future development with heritage items remaining in this precinct, and• to encourage the location of non-residential uses in this precinct as well as residential uses.(c) Ecologically sustainable developmentto ensure ecologically sustainable development as a means of meeting the needs of the present without compromising the ability of future generations to meet their own needs,(d) Environmental amenity issuesto provide development that addresses environmental amenity issues (both on the land to which this Part applies and in surrounding residential areas) such as noise levels, traffic generation, overshadowing, privacy, visual amenity and ecological sustainability,(e) Heritage(i) to conserve and enhance the environmental heritage of the local government area of the City of Canada Bay, and(ii) to integrate heritage items with new development on Breakfast Point, and(iii) to incorporate in the pattern of uses of Breakfast Point a recognition of the former history of Breakfast Point by encouraging the adaptive re-use of heritage items through adaptation and modification, and the incorporation, if appropriate, of industrial artefacts,(f) Land use and density(i) to promote a mix of land uses in a coordinated way combining business and employment opportunities in the area and opportunities for people to live and work in an urban village environment, and(ii) to provide development on Breakfast Point for primarily residential uses, including a proportion of housing designed for the aged, persons with disabilities and those on a low income, and(iii) to limit the scale and adverse impacts of non-residential uses and minimise their adverse impacts on residential areas, and(iv) to encourage retailing and community uses that serve the local community,(g) Landscaping(i) to use landscaping as a means of enhancing the quality of the built environment and the perception of public accessibility of streetscapes and public spaces, and(ii) to apply ecologically sustainable development principles as a part of the landscape design, and the on-going maintenance of landscaped areas, and(iii) to include native flora species in landscaping for its scenic and habitat values, such plantings being of suitable maturity and species, and(iv) to use landscaping as a means of providing acoustic and visual privacy by encouraging such devices as appropriate walls, screen planting and level changes,(h) Planning and developmentto ensure a holistic planning approach for the whole of Breakfast Point,(i) Public domain and open space(i) to provide development that enhances and complements an attractive and functional public domain, and(ii) to provide development of open space for passive and active recreational use by residents, employees and the public, and(iii) to provide public open space and ensure public access along the foreshore and linking to Cabarita Park and provide open space linkages throughout the site.(iv) to provide view opportunities to and from the Parramatta River by means of the open space design, and(v) to provide a hierarchy of open space areas of different sizes and functions that are interspersed throughout Breakfast Point.
3 Restrictions on development
(1) The consent authority must not grant consent for development of the land to which this Part applies unless it is satisfied that a minimum of 2 primary vehicular access points to the land to which this Part applies will be or have been provided, one of which must be on the southern side of the land to which this Part applies and one of which must be on the western side of that land.(2) The consent authority must not grant consent to a development application relating to the land to which this Part applies unless it is satisfied that the proposed development is designed to have regard to such of the objectives relating to that land as are relevant to the proposed development.(3) The consent authority may, for the purpose of complying with subclause (2), consider the location of the boundaries between precincts to be approximate, but not to the extent that one or more precincts are extinguished and not to the extent that the objectives for each precinct cannot be met.(4) Despite Part 2 of this Plan, a person may, with the consent of consent authority, on the part of the land to which this Part applies that is defined as foreshore public open space, carry out development for the purpose of boatsheds, seawalls, slipways, jetties, wharves, waterway access stairs or swimming pools, or for the purpose of open space, landscaping, picnic facilities, cycleways or walking trails, accessible by the public, or carry out development that is, in the opinion of the consent authority, required by and ancillary to development elsewhere.(5) The consent authority must not grant consent to a development application relating to either:(a) any part of the land to which this Part applies which adjoins that part of the land to which this Part applies that is defined as foreshore public open space, orunless the consent authority is satisfied that the proposed development is so designed as to have regard to the function of the foreshore public open space, and adequate access to and from the foreshore public open space and other public space (if any) on the remainder of the land to which this Part applies will be or has been provided.(b) the foreshore public open space,(6) The consent authority may only grant consent to development of the land to which this Part applies for the purpose of:(a) landscaping, or(b) remediation, or(c) demolition of buildings other than heritage items, or(d) development that is, in the opinion of the consent authority, of a minor nature, if it has had regard to a plan identifying numerically and graphically the Containment Cell Area or Areas that are to be constructed on the land to which this Part applies.
4 Carrying out works
A person must not, on the land to which this Part applies:(a) disturb or excavate any land for any purpose, or(b) carry out any land filling, or(c) clear trees or other vegetation from the land to which this Part applies, orwithout the consent of the consent authority, otherwise than in cases of emergency, or for the purpose of repairing, maintaining or carrying out minor alterations to existing buildings, works or landscaping.(d) alter the landscape or carry out any landscaping,
5 Development standards
(1) Despite any other provision of this Plan (but subject to compliance with the Floor Space Ratio Map), a person may, with the consent of the consent authority, carry out development for the purpose of non-residential land uses on the land to which this Part applies, but only if:(a) the total gross floor area of all buildings comprising the development does not exceed 15% of the total floor area permissible under the Floor Space Ratio Map for the land to which this Part applies, and(b) the location of the development is considered suitable by the consent authority, having regard to the existing and likely future surrounding residential amenity and existing and likely future road and public transport access, and(c) not more than 10,000m2 of gross floor area will be used on the land to which this Part applies for the purpose of business premises and retail premises (whether or not in the same building).(2) The maximum number of dwellings that may be erected on the land to which this Part applies is 40 dwellings per hectare.(3) The consent authority must not grant consent for development for the purpose of non-residential buildings or land uses unless it is satisfied the traffic impacts on the road network will be equivalent to or less than the traffic impacts on the road network that would be generated by the maximum number of dwellings allowed by subclause (2) in the absence of any additional development.(4) In this clause:road network means the road network external to the land to which this Part applies.
6 Definitions
In this Part:Containment Cell Area means the part of the land to which this Part applies in which there is, or is required by a condition of development consent to be, constructed a containment cell for contaminated fill.foreshore public open space means that part of the land to which this Part applies shown on Sheets 2 and 4 of the Special Transitional Sites Map and identified as “B5”, and that has a width of 15m, measured from the top of the sea wall fronting Parramatta River after remediation of that part of the land to which this Part applies has been completed.Precinct means a part of the land to which this Part applies that is shown on Sheets 2 and 4 of the Special Transitional Sites Map and identified as “B1”, “B2”, “B3” and “B4”.
Part 2 Development on certain land in North Strathfield
7 Land to which this Part applies
This Part applies to land in North Strathfield as shown on Sheet 3 of the Special Transitional Sites Map and identified as “A”.
8 Consent for development on the land may only be granted in certain circumstances
The consent authority must not grant consent to development on land to which this Part applies unless it is satisfied that:(a) the proposed development is consistent with, and enables achievement of, an overall integrated design for the land in relation to the following:(i) building height, siting, arrangements and finishes,(ii) landscaping,(iii) open space,(iv) pedestrian movement,(v) car parking,(vi) road access,(vii) public transport access,(viii) local and subregional traffic management,(ix) drainage,(x) environmental sustainability,(xi) arrangement of land uses, and(b) the proposed development will not have any significant adverse effect on the amenity of the site and the operation of the adjacent Main Northern Railway Line during the construction of any buildings or works or their operation.
9 Restriction on granting consent for large floor areas
The consent authority must not grant consent to development on Lot 1, DP 829703 and Part Lot 1, DP 1002876, George Street, North Strathfield if granting the consent would result in:(a) more than 6,000m2 of gross floor area being used for the purposes of retail premises (excluding restaurants), or(b) more than 3,500m2 of gross floor area being used for the purposes of a supermarket.
Part 3 Development of the former Sydney Wire Mill site
10 Land to which this Part applies
This Part applies to the land comprising the property known as the Sydney Wire Mill site, Blackwall Point Road, Chiswick, as shown on Sheet 4 of the Special Transitional Sites Map and identified as “C”.
11 Sizes applying to certain development on the site
Despite any other provision of this Plan, development may be carried out on land to which this Part applies, with the consent of the consent authority, for the purpose of neighbourhood shops, food and drink premises and office premises, but only if:(a) the total floor space occupied by those uses does not exceed 1,200m2, and(b) no single use occupies more than 300m2 or, in the case of office premises, 400m2.
Part 4 Development of land at 27 George Street, North Strathfield
12 Land to which this Part applies
This Part applies to Lot 1, DP 942153 and Lot 1, DP 936751, being No 27 George Street, North Strathfield.
13 Minimum gross floor area for business or retail premises
A minimum of 10% of the gross floor area of the land to which this Part applies must be used for either business premises or retail premises (other than function centres, pubs, registered clubs, service stations, sex service premises, timber and building supplies and vehicle sales or hire premises).
14 Minimum residential floor space for certain housing
A minimum of 10% of the residential floor space of the land to which this Part applies must be developed for seniors housing.
Part 5 Development of land in Zone B6 Enterprise Corridor
15 Land to which this Part applies
This Part applies to land in Zone B6 Enterprise Corridor.
16 Objectives of this Part
The objectives of this Part are as follows:(a) to ensure a high level of acoustic privacy is given to residents who live in the vicinity of Parramatta Road,(b) to ensure that apartments with a frontage to Parramatta Road are designed to give direct access to natural ventilation,(c) to improve the amenity of developments through the retention or planting of large and medium size trees.
17 Setback from Parramatta Road
The consent authority must not grant consent to residential accommodation on land to which this Part applies unless it is set back a minimum of 20m from the boundary of the land next to Parramatta Road.
Dictionary
(Clause 1.4)
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Acid Sulfate Soils Map means the Canada Bay Local Environmental Plan 2008 Acid Sulfate Soils Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means an industry involving the handling, treating, processing or packing of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
agriculture means any of the following:
(a) animal boarding or training establishments,
(b) aquaculture,
(c) extensive agriculture,
(d) farm forestry,
(e) intensive livestock agriculture,
(f) intensive plant agriculture.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place used for the landing, taking off, parking, maintenance or repair of aeroplanes (including associated buildings, installations, facilities and movement areas and any heliport that is part of the airport).
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:
(a) billiards, pool or other like games, or
(b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows:
aquaculture means:but does not include:
(a) cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or
(b) keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond),
(c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or
(d) anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or
(e) any other thing prescribed by the regulations (made under the Fisheries Management Act 1994).
This Dictionary also contains definitions of natural water-based aquaculture, pond-based aquaculture and tank-based aquaculture.
archaeological site means an area of land:
(a) shown on the Heritage Map as an archaeological site, and
(b) the location and nature of which is described in Schedule 5, and
(c) that contains one or more relics.
attached dwelling means a building containing 3 or more dwellings, where:
(a) each dwelling is attached to another dwelling by a common wall, and
(b) each of the dwellings is on its own lot of land (not being an individual lot in a strata plan or community title scheme), and
(c) none of the dwellings is located above any part of another dwelling.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means tourist and visitor accommodation:
(a) that has shared facilities, such as a communal bathroom, kitchen or laundry, and
(b) that will generally provide accommodation on a bed basis (rather than by room).
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means tourist and visitor accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling and:
(a) meals are provided for guests only, and
(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c) dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
biodiversity means biological diversity.
biological diversity has the same meaning as in the Threatened Species Conservation Act 1995.
Note—
The term is defined as follows:
biological diversity means the diversity of life and is made up of the following 3 components:
(a) genetic diversity—the variety of genes (or units of heredity) in any population,
(b) species diversity—the variety of species,
(c) ecosystem diversity—the variety of communities or ecosystems.
biosolid waste application means the application of sludge or other semi-solid products of human sewage treatment plants to land for the purpose of improving land productivity, that is undertaken in accordance with the NSW Environment Protection Authority’s guidelines titled Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 1997) and Addendum to Environmental Guidelines: Use and Disposal of Biosolids Products (EPA 2000a).
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
boarding house means a building:but does not include backpackers’ accommodation, a group home, a serviced apartment, seniors housing or hotel or motel accommodation.
(a) that is wholly or partly let in lodgings, and
(b) that provides lodgers with a principal place of residence for 3 months or more, and
(c) that may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d) that has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol, but that does not include general advertising of products, goods or services.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:whichever distance is the shortest.
(a) a building wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the supporting posts of a carport or verandah roof,
bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require:but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows:
bush fire hazard reduction work means:but does not include construction of a track, trail or road.
(a) the establishment or maintenance of fire breaks on land, and
(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign:but that does not include any advertising relating to a person who does not carry on business at the premises or place.
(a) that indicates:(i) the name of the person or business, and(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
business premises means a building or place at or on which:and may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.
(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b) a service is provided directly to members of the public on a regular basis,
canal estate development means development that 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 that either:
(a) includes the construction of dwellings (which may include tourist and visitor 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, or
(b) 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.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means retail premises that sell wine by retail and that are situated on land on which there is a commercial vineyard, where all of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
cemetery means a building or place for the interment of deceased persons or their ashes.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
child care centre means a building or place used for the supervision and care of children that:but does not include:
(a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and
(b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre,
(c) a building or place used for home-based child care, or
(d) an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children’s Guardian, or
(e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or
(g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or
(h) a service that is concerned primarily with the provision of:(i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or(ii) private tutoring, or
(i) a school, or
(j) a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows:
classified road means any of the following:
(a) a main road,
(b) a highway,
(c) a freeway,
(d) a controlled access road,
(e) a secondary road,
(f) a tourist road,
(g) a tollway,
(h) a transitway,
(i) a State work.
(see Roads Act 1993 for meanings of these terms).
clearing native vegetation has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
clearing native vegetation means any one or more of the following:
(a) cutting down, felling, thinning, logging or removing native vegetation,
(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
coastal foreshore means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform.
coastal lake means a body of water specified in Schedule 1 to the State Environmental Planning Policy No 71—Coastal Protection.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Protection Act 1979.
Note—
The term is defined as follows:
coastal zone means:The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.
(a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and
(b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and
(c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).
community facility means a building or place:but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
(a) owned or controlled by a public authority or non-profit community organisation, and
(b) used for the physical, social, cultural or intellectual development or welfare of the community,
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b) any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
Council means the Canada Bay City Council.
crematorium means a building in which deceased persons or pets are cremated, and includes a funeral chapel.
Crown reserve means:but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
(a) a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b) a common within the meaning of the Commons Management Act 1989, or
(c) lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy where the only restriction facilities present are the milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
demolish, in relation to a heritage item, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means 2 dwellings (whether attached or detached) on one lot of land (not being an individual lot in a strata plan or community title scheme), but does not include a secondary dwelling.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
educational establishment means a building or place used for education (including teaching), being:
(a) a school, or
(b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of making or generating electricity.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following:
(a) the Ambulance Service of New South Wales,
(b) New South Wales Fire Brigades,
(c) the NSW Rural Fire Service,
(d) the NSW Police Force,
(e) the State Emergency Service,
(f) the New South Wales Volunteer Rescue Association Incorporated,
(g) the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub, nightclub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows:
estuary means:but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
(a) any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c) anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means:for commercial purposes, but does not include any of the following:
(a) the production of crops or fodder (including irrigated pasture and fodder crops), or
(b) the grazing of livestock, or
(c) bee keeping,
(d) animal boarding or training establishments,
(e) aquaculture,
(f) farm forestry,
(g) intensive livestock agriculture,
(h) intensive plant agriculture.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means tourist and visitor accommodation provided to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
feedlot means a confined or restricted area used to rear and fatten cattle, sheep or other animals for the purpose of meat production, fed (wholly or substantially) on prepared and manufactured feed, but does not include a poultry farm, dairy or piggery.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:
(a) the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b) the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:
(a) still photography, or
(b) recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c) recording images as a visitor or tourist for non-commercial purposes, or
(d) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows:
Definition of “fish”
(1)Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)Fish includes:(a) oysters and other aquatic molluscs, and(b) crustaceans, and(c) echinoderms, and(d) beachworms and other aquatic polychaetes.
(3)Fish also includes any part of a fish.
(4)However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Canada Bay Local Environmental Plan 2008 Floor Space Ratio Map.
food and drink premises means retail premises used for the preparation and retail sale of food or drink for immediate consumption on or off the premises, and includes restaurants, cafes, take away food and drink premises, milk bars and pubs.
foreshore area means the land between the foreshore building line and the mean high water mark of the nearest bay or river.
foreshore building line means the line shown the foreshore building line on the Foreshore Building Line Map.
Foreshore Building Line Map means the Canada Bay Local Environmental Plan 2008 Foreshore Building Line Map.
forestry has the same meaning as forestry operations in the Forestry and National Park Estate Act 1998.
Note—
The term is defined as follows:
forestry operations means:
(a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or
(b) forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or
(c) on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or
(d) ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral chapel means premises used to arrange, conduct and cater for funerals and memorial services, and includes facilities for the short-term storage, dressing and viewing of bodies of deceased persons, but does not include premises with mortuary facilities.
funeral home means premises used to arrange and conduct funerals and memorial services, and includes facilities for the short-term storage, dressing and viewing of bodies of deceased persons and premises with mortuary facilities.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:but excludes:
(a) the area of a mezzanine, and
(b) habitable rooms in a basement or an attic, and
(c) any shop, auditorium, cinema, and the like, in a basement or attic,
(d) any area for common vertical circulation, such as lifts and stairs, and
(e) any basement:(i) storage, and(ii) vehicular access, loading areas, garbage and services, and
(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g) car parking to meet any requirements of the consent authority (including access to that car parking), and
(h) any space used for the loading or unloading of goods (including access to it), and
(i) terraces and balconies with outer walls less than 1.4 metres high, and
(j) voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a dwelling that is a permanent group home or a transitional group home.
group home (permanent) or permanent group home means a dwelling:but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
group home (transitional) or transitional group home means a dwelling:but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
hazardous industry means development for the purpose of an industry that, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
hazardous storage establishment means any establishment where goods, materials or products are stored that, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means a medical centre that comprises one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals who practise in partnership (if there is more than one such professional) who provide professional health care services to members of the public.
health services facility means a building or place used as a facility to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes the following:
(a) day surgeries and medical centres,
(b) community health service facilities,
(c) health consulting rooms,
(d) facilities for the transport of patients, including helipads and ambulance facilities,
(e) hospitals.
heavy industry means an industry that requires separation from other land uses because of the nature of the processes involved, or the materials used, stored or produced. It may consist of or include a hazardous or offensive industry or involve the use of a hazardous or offensive storage establishment.
Height of Buildings Map means the Canada Bay Local Environmental Plan 2008 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes:
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
heritage conservation area means an area of land:and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage conservation area or as a place of Aboriginal heritage significance, and
(b) the location and nature of which is described in Schedule 5,
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents 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.
heritage impact statement means a document consisting of:
(a) a statement demonstrating the heritage significance of a heritage item, archaeological site, place of Aboriginal heritage significance or other heritage conservation area, and
(b) an assessment of the impact that proposed development will have on that significance, and
(c) proposals for measures to minimise that impact.
heritage item means a building, work, archaeological site, tree, place or Aboriginal object:
(a) shown on the Heritage Map as a heritage item, and
(b) the location and nature of which is described in Schedule 5, and
(c) specified in an inventory of heritage items that is available at the office of the Council.
Heritage Map means the Canada Bay Local Environmental Plan 2008 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
highway service centre means a building or place used as a facility to provide refreshments and vehicle services to highway users, and which may include any one or more of the following:
(a) restaurants or take away food and drink premises,
(b) service stations and facilities for emergency vehicle towing and repairs,
(c) parking for vehicles,
(d) rest areas and public amenities.
home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:
(a) the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,
(b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
home business means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of more than 2 persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
Note—
See clause 5.4 for controls relating to the floor area used to carry on the business.
home industry means a light industry carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:but does not include bed and breakfast accommodation or sex services premises.
(a) the employment of more than 2 persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
Note—
See clause 5.4 for controls relating to the floor area used to carry on the light industry.
home occupation means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:but does not include bed and breakfast accommodation, a brothel or home occupation (sex services).
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:but does not include a home business or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c) the exhibition of any notice, advertisement or sign, or
(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include retail sales or viticulture.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following:
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops or refreshment rooms,
(e) transport of patients, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
hostel means premises that are generally staffed by social workers or support providers and at which:
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
hotel or motel accommodation means tourist and visitor accommodation (whether or not licensed premises under the Liquor Act 2007):but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
(a) comprising rooms or self-contained suites, and
(b) that may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
industrial retail outlet means a building or place that:
(a) is used in conjunction with an industry (including a light industry) but not in conjunction with a warehouse or distribution centre, and
(b) is situated on the land on which the industry is carried out, and
(c) is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry is carried out.
Note—
See clause 5.4 for controls relating to the retail floor area.
industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of any goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, goats, horses or other livestock, that are fed wholly or substantially on externally-sourced feed, and includes the operation of feed lots, piggeries, poultry farms or restricted dairies, but does not include the operation of facilities for drought or similar emergency relief or extensive agriculture or aquaculture.
intensive plant agriculture means any of the following carried out for commercial purposes:
(a) the cultivation of irrigated crops (other than irrigated pasture or fodder crops),
(b) horticulture,
(c) turf farming,
(d) viticulture.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means retail premises used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area.
Land Application Map means the Canada Bay Local Environmental Plan 2008 Land Application Map.
Land Reservation Acquisition Map means the Canada Bay Local Environmental Plan 2008 Land Reservation Acquisition Map.
Land Zoning Map means the Canada Bay Local Environmental Plan 2008 Land Zoning Map.
landscape and garden supplies means a building or place where trees, shrubs, plants, bulbs, seeds and propagating material are offered for sale (whether by retail or wholesale), and may include the sale of landscape supplies (including earth products or other landscape and horticulture products) and the carrying out of horticulture.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
light industry means an industry, not being a hazardous or offensive industry or involving use of a hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.
liquid fuel depot means storage premises that are used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid and at which no retail trade is conducted.
livestock processing industry means an industry that involves the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes such activities as abattoirs, knackeries, tanneries, woolscours and rendering plants.
Lot Size Map means the Canada Bay Local Environmental Plan 2008 Lot Size Map.
maintenance, in relation to a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care. It does not include the removal or disturbance of existing fabric, alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on the waterway or partly on land and partly on the waterway) together with any associated facilities, including:
(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats, and
(b) any facility for providing fuelling, sewage pump-out or other services for boats, and
(c) any facility for launching or landing boats, such as slipways or hoists, and
(d) any associated car parking, commercial, tourist or recreational or club facility that is ancillary to a boat storage facility, and
(e) any associated single mooring.
market means retail premises comprising an open-air area or an existing building used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means business premises used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals, and may include the ancillary provision of other health services.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
moveable dwelling means:
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land (not being an individual lot in a strata plan or community title scheme) each with access at ground level, but does not include a residential flat building.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
Meaning of “native vegetation”
(1)Native vegetation means any of the following types of indigenous vegetation:(a) trees (including any sapling or shrub, or any scrub),(b) understorey plants,(c) groundcover (being any type of herbaceous vegetation),(d) plants occurring in a wetland.
(2)Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.
(3)Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
natural water-based aquaculture means aquaculture undertaken in natural waterbodies (including any part of the aquaculture undertaken in tanks, ponds or other facilities such as during hatchery or depuration phases).
Note—
Typical natural water-based aquaculture is fin fish culture in cages and oyster, mussel or scallop culture on or in racks, lines or cages.
means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means retail premises used for the purposes of selling small daily convenience goods such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area.
nightclub means premises specified in a nightclub licence under the Liquor Act 1982.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
NSW Coastal Policy means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, published by the Government.
offensive industry means any development for the purpose of an industry that would, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
offensive storage establishment means any establishment where goods, materials or products are stored and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
operational land has the same meaning as in the Local Government Act 1993.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
place of Aboriginal heritage significance means an area of land shown on the Heritage Map that is:
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
place of public entertainment has the same meaning as in the Act.
Note—
The term is defined as follows:
place of public entertainment means:
(a) any theatre or cinema (including a drive-in or open-air theatre or cinema) that is used or intended to be used for the purpose of providing public entertainment, or
(b) any premises the subject of a licence under the Liquor Act 2007 that are used or intended to be used for the purpose of providing entertainment, including public entertainment, but not including amusement by means of an approved gaming machine within the meaning of the Gaming Machines Act 2001, or
(c) any public hall that is used or intended to be used for the purpose of providing public entertainment.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
pond-based aquaculture means aquaculture undertaken in structures that are constructed by excavating and reshaping earth, which may be earthen or lined, and includes any part of the aquaculture undertaken in tanks, such as during the hatchery or pre-market conditioning phases, but does not include natural water-based aquaculture.
Note—
Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
property vegetation plan means a property vegetation plan that has been approved under Part 4 of the Native Vegetation Act 2003.
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold on the premises.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
has the same meaning as in the Act.
public entertainment has the same meaning as in the Act.
Note—
The term is defined as follows:
public entertainment means entertainment to which admission may ordinarily be gained by members of the public on payment of money or other consideration:
(a) whether or not some (but not all) persons are admitted free of charge, and
(b) whether or not the money or other consideration is demanded:(i) as a charge for a meal or other refreshment before admission is granted, or(ii) as a charge for the entertainment after admission is granted.
public land has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
public land means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes:and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club in respect of which a certificate of registration under the Registered Clubs Act 1976 is in force.
relic means any deposit, object or other material evidence of human habitation:
(a) that relates to the settlement of the area of Canada Bay, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, but does not include tourist and visitor accommodation.
residential care facility means accommodation for seniors (people aged 55 years or more) or people with a disability that includes:not being a dwelling, hospital or psychiatric facility.
(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,
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
restaurant means a building or place the principal purpose of which is the provision of food or beverages to people for consumption on the premises and that may also provide takeaway meals and beverages.
restricted dairy means a dairy (other than a dairy (pasture-based)) where restriction facilities are present in addition to milking sheds and holding yards, and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during periods of drought or similar emergency relief). A restricted dairy may comprise the whole or part of a restriction facility.
restricted premises means business premises or retail premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises but does not include hotel or motel accommodation, a pub, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale).
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for retail selling of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area.
rural industry means an industry that involves the handling, treating, production, processing or packing of animal or plant agricultural products, and includes:undertaken for commercial purposes.
(a) agricultural produce industry, or
(b) livestock processing industry, or
(c) use of composting facilities and works (including to produce mushroom substrate), or
(d) use of sawmill or log processing works, or
(e) use of stock and sale yards, or
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,
rural supplies means a building or place used for the display, sale (whether by retail or wholesale) or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
rural worker’s dwelling means a dwelling, ancillary to a dwelling house on the same landholding, used as the principal place of residence by persons employed for the purpose of agriculture or a rural industry on that land.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
school means a government school or non-government school within the meaning of the Education Act 1990.
secondary dwelling means a self-contained dwelling that:
(a) is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area.
self-storage units means storage premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
semi-detached dwelling means a dwelling that is on its own lot of land (not being an individual lot in a strata plan or community title scheme) and is attached to only one other dwelling.
seniors housing means residential accommodation that consists of:and that is, or is intended to be, used permanently for:but does not include a hospital.
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
sewerage system means a biosolids treatment facility, sewage reticulation system, sewage treatment plant, water recycling facility, or any combination of these.
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means retail premises that sell groceries, personal care products, clothing, music, homewares, stationery, electrical goods or other items of general merchandise, and may include a neighbourhood shop, but does not include food and drink premises or restricted premises.
shop top housing means one or more dwellings located above (or otherwise attached to) ground floor retail premises or business premises.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes:but does not include traffic signs or traffic control facilities.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
Special Transitional Sites Map means the Canada Bay Local Environmental Plan 2008 Special Transitional Sites Map.
stock and sale yard means a building or place used on a commercial basis for the purpose of offering livestock or poultry for sale and may be used for the short-term storage and watering of stock.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any business premises or retail premises on the same parcel of land.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows:
swimming pool means an excavation, structure or vessel:and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
take away food and drink premises means food and drink premises that are predominantly used for the preparation and sale of food or drink (or both) for immediate consumption away from the premises.
tank-based aquaculture means aquaculture utilising structures that are constructed from materials such as fibreglass, plastics, concrete, glass or metals, are usually situated either wholly or partly above ground, and may be contained within a purpose built farm or industrial style sheds or plastic covered hothouse to assist in controlling environmental factors.
telecommunications facility means:
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows:
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber and building supplies means a building or place used for the display, sale (whether by retail or wholesale) or hire of goods or materials that are used in the construction and maintenance of buildings.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel or motel accommodation, serviced apartments, bed and breakfast accommodation and backpackers’ accommodation.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs or the selling of, and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop.
vehicle sales or hire premises means a building or place used for the display, sale (whether by retail or wholesale) or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
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.
viticulture means the cultivation of grapes for commercial purposes for use in the production of fresh or dried fruit or wine.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
waste management facility means a facility used for the storage, treatment, purifying or disposal of waste, whether or not it is also used for the sorting, processing, recycling, recovering, use or reuse of material from that waste, and whether or not any such operations are carried out on a commercial basis. It may include but is not limited to:
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
waste or resource management facility means a waste or resource transfer station, a resource recovery facility or a waste disposal facility.
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
water supply system means a water reticulation system, water storage facility, water treatment facility, or any combination of these.
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means:
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.