Table Of Contents

Ashfield Local Environmental Plan 2013

Part 1 Preliminary
1.1   Name of Plan
This Plan is Ashfield Local Environmental Plan 2013.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Ashfield 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 promote the orderly and economic development of Ashfield in a manner that is consistent with the need to protect the environment,
(b)  to retain and enhance the identity of Ashfield as an early residential suburb with local service industries and retail centres,
(c)  to identify and conserve the environmental and cultural heritage of Ashfield,
(d)  to provide increased housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities,
(e)  to strengthen the viability and vitality of the Ashfield town centre as a primary centre for investment, employment, cultural and civic activity, and to encourage a majority of future housing opportunities to be located within and around the centre,
(f)  to protect the urban character of the Haberfield, Croydon and Summer Hill urban village centres while providing opportunities for small-scale, infill development that enhances the amenity and vitality of the centres,
(g)  to encourage the revitalisation of the Parramatta Road corridor in a manner that generates new local employment opportunities, improves the quality and amenity of the streetscape, and does not adversely affect adjacent residential areas,
(h)  to ensure that development has proper regard to environmental constraints and minimises any adverse impacts on biodiversity, water resources, riparian land and natural landforms,
(i)  to require that new development incorporates the principles of ecologically sustainable development.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
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 website of the Department of Planning and Infrastructure.
1.8   Repeal of 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.
Note—
The following local environmental plans are repealed under this provision:
(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.
1.8A   Savings provision relating to development applications
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 not commenced.
Note—
However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
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 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, or
(g)  to any planning agreement within the meaning of Division 6 of Part 4 of the Act.
(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 Zones
R2 Low Density Residential
R3 Medium Density Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
B6 Enterprise Corridor
Industrial Zones
IN2 Light Industrial
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 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 Land Use 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 development consent, and
(c)  development that may be carried out only with development 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 Land Use 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 Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which 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.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  Before granting development 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 development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(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 development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   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 use for a maximum period of 52 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 will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  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
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
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.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Business identification signs; Dual occupancies (attached); Dwelling houses; Group homes; Neighbourhood shops; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
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.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Child care centres; Community facilities; Group homes; Multi dwelling housing; Neighbourhood shops; Places of public worship; Respite day care centres; Roads; Seniors housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Dual occupancies (detached); Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wholesale supplies
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.
•  To ensure that new development has regard to the character and amenity of adjacent and nearby residential areas.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Business identification signs; Business premises; Child care centres; Community facilities; Dwelling houses; Food and drink premises; Hostels; Kiosks; Markets; Medical centres; Neighbourhood shops; Respite day care centres; Roads; Seniors housing; Shop top housing; Shops; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wholesale supplies
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To encourage residential accommodation as part of mixed use development.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Business identification signs; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hostels; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Service stations; Shop top housing; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems
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.
•  To enhance the viability, vitality and amenity of Ashfield town centre as the primary business activity, employment and civic centre of Ashfield.
•  To encourage the orderly and efficient development of land through the consolidation of lots.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Business identification signs; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Rural industries; Sewage treatment plants; Signage; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
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).
•  To maintain the economic strength of centres by limiting retailing activity.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bulky goods premises; Business identification signs; Business premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Light industries; Markets; Passenger transport facilities; Plant nurseries; Pubs; Roads; Shops; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Water recycling facilities; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sewage treatment plants; Sex services premises; Signage; Transport depots; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures; Water supply systems
Zone IN2   Light Industrial
1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bulky goods premises; Business identification signs; Depots; Garden centres; Hardware and building supplies; Hospitals; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Plant nurseries; Roads; Take away food and drink premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Educational establishments; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sewage treatment plants; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Veterinary hospitals; Waste disposal facilities; Water recreation structures; Water supply systems
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 consent
Roads
3   Permitted with consent
Building identification signs; Business identification signs; Car parks; Child care centres; Community facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Water recycling facilities
4   Prohibited
Any 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 ensure that development has proper regard to environmental constraints and minimises any adverse impacts on biodiversity, water resources, riparian land and natural landforms.
•  To allow land to be used for a limited range of facilities that are compatible with or will complement the specific recreational use for which it is zoned.
2   Permitted without consent
Nil
3   Permitted with consent
Boat launching ramps; Boat sheds; Building identification signs; Child care centres; Community facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Roads; Water recreation structures; Water recycling facilities; Water storage facilities
4   Prohibited
Any 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 consent
Nil
3   Permitted with consent
Animal boarding or training establishments; Building identification signs; Business identification signs; Car parks; Child care centres; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Funeral homes; Information and education facilities; Jetties; Kiosks; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Veterinary hospitals; Water recreation structures; Water recycling facilities; Water storage facilities
4   Prohibited
Any 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 or, if there are no such relevant provisions, must be structurally adequate, 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.
(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.
(5)  To be exempt development, the development must:
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
Note—
A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
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, Climate Change and Water 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, and
(b)  the requirements of this Part,
is complying development.
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 development 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.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part 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,
(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 under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(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 maintain the existing pattern of subdivision within heritage conservation areas in terms of lot size and lot dimensions,
(b)  to provide opportunities for infill small lot subdivision in areas close to transport and amenities in a manner that does not adversely impact on the streetscape or amenity of residential areas,
(c)  to provide for small lot subdivision in certain areas close to public transport as an alternative to redevelopment for the purpose of multi dwelling housing in order to retain the scale and character of the area,
(d)  to ensure that lot sizes allow development to be sited to protect and enhance riparian land.
(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.
(4A)  For the purpose of calculating the size of a battle-axe lot, the area of the access handle is excluded.
4.1AA   Minimum subdivision lot size for community title schemes
[Not adopted]
4.1A   Exceptions to minimum subdivision lot size for certain residential development
(1)  The objective of this clause is to encourage housing diversity without adversely affecting residential amenity.
(2)  Despite clause 4.1 (3), development consent may be granted to the subdivision of land identified as “Area 1” on the Lot Size Map that is not within a heritage conservation area if:
(a)  each lot resulting from the subdivision will be at least 200 square metres, and
(b)  a semi-detached dwelling is or will be located on each lot, and
(c)  each lot will have a minimum street frontage of 7 metres.
(3)  Despite clause 4.1 (3), development consent may be granted to the subdivision of land identified as “Area 2” on the Lot Size Map if:
(a)  each lot resulting from the subdivision will be used for the purpose of a dwelling house, and
(b)  each lot resulting from the subdivision will be at least 174 square metres, but will not exceed 450 square metres, and
(c)  the total number of lots on that land will not exceed 11.
4.2   Rural subdivision
[Not applicable]
4.3   Height of buildings
(1)  The objectives of this clause are as follows:
(a)  to achieve high quality built form for all buildings,
(b)  to maintain satisfactory sky exposure and daylight to existing buildings, to the sides and rear of taller buildings and to public areas, including parks, streets and lanes,
(c)  to provide a transition in built form and land use intensity between different areas having particular regard to the transition between heritage items and other buildings,
(d)  to maintain satisfactory solar access to existing buildings and public areas.
(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.
(2A)  If a building is located on land in Zone B4 Mixed Use, any part of the building that is within 3 metres of the height limit set by subclause (2) must not include any area that forms part of the gross floor area of the building and must not be reasonably capable of modification to include such an area.
4.3A   Exception to maximum height of buildings in Ashfield town centre
(1)  The objective of this clause is to increase the supply of affordable rental housing by providing height incentives for the development of certain types of affordable rental housing.
(2)  This clause applies to development for the following purposes on land identified as “Area 1” on the Height of Buildings Map:
(a)  residential flat buildings,
(b)  shop top housing that forms part of a mixed use development.
(3)  Despite clause 4.3 (2), development consent may be granted to development to which this clause applies that exceeds the maximum height shown for the land on the Height of Buildings Map (the maximum height) by no more than 7 metres if:
(a)  the development will contain at least 1 dwelling used for the purpose of affordable rental housing, and
(b)  at least 25% of the additional floor space area resulting from the part of the building that exceeds the maximum height will be used for the purpose of affordable rental housing.
(4)  In this clause, affordable rental housing has the same meaning as in State Environmental Planning Policy (Affordable Rental Housing) 2009.
4.3B   Ashfield town centre—maximum height for street frontages on certain land
(1)  The objective of this clause is to apply a maximum height for primary street frontages on certain land in Ashfield town centre.
(2)  This clause applies to land identified as “Area 1” on the Height of Buildings Map.
(3)  Despite clauses 4.3 (2) and 4.3A (3), the maximum height of that part of a building that has an entrance or lobby on the ground floor facing Liverpool Road, Norton or Hercules Streets or Markham Place, Ashfield (a primary street frontage) is 12 metres for a distance of 12 metres from the primary street frontage away from the road.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows:
(a)  to establish standards for development density and intensity of land use,
(b)  to provide consistency in the bulk and scale of new development with existing development,
(c)  to minimise adverse environmental impacts on heritage conservation areas and heritage items,
(d)  to protect the use or enjoyment of adjoining properties and the public domain,
(e)  to maintain an appropriate visual relationship between new development and the existing character of areas that are not undergoing, and are not likely to undergo, a substantial transformation.
(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.
4.5   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 development 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), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the 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.
(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 as follows:
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development 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)  Development 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)  Development 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)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living 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.
Note—
When this Plan was made it did not include all of these zones.
(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 development 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).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone SP2 Infrastructure and marked “Drainage”
Sydney Water Corporation
Note—
When this Plan was made it did not include all of these zones.
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
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
[Not adopted]
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.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(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)  40% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(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 100 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 100 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 10 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)  35% of the total floor area of the principal dwelling.
5.5   Development within the coastal zone
[Not applicable]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows:
(a)  to enhance the urban and architectural design of buildings,
(b)  to minimise the external impact of roof features, in particular with respect to solar access and views.
(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 development 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 Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent:
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW 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 Fire and Rescue NSW 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, including biodiversity values, 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 that is within a heritage conservation area, or
(b)  that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,
unless the Council is satisfied that the proposed activity:
(c)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and
(d)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or 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:
(i)  that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or
(ii)  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 and Spatial Information Act 2002, or
(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
Note—
Permissibility may be a matter that is determined by or under any of these Acts.
(9)  [Not adopted]
5.9AA   Trees or vegetation not prescribed by development control plan
(1)  This clause applies to any tree or other vegetation that is not of a species or kind prescribed for the purposes of clause 5.9 by a development control plan made by the Council.
(2)  The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of any tree or other vegetation to which this clause applies is permitted without development consent.
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows:
(a)  to conserve the environmental heritage of Ashfield,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following:
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  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,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development 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, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, 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 an Aboriginal place of 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 of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development:
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document 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.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage 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) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of 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 by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:
(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, or for any purpose on an Aboriginal place of heritage significance, 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 or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document 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 management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, 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 development 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 with or without development consent, or that is exempt development, under 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.
5.13   Eco-tourist facilities
[Not applicable]
Part 6 Additional local provisions
6.1   Earthworks
(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, waterways and riparian land, neighbouring uses, cultural or heritage items or features of the surrounding land.
(2)  Development consent is required for earthworks unless:
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.
(3)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:
(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b)  the effect of the development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to, and potential for adverse impacts on, any waterway or riparian land, drinking water catchment or environmentally sensitive area,
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
6.2   Flood planning
(1)  The objectives of this clause are as follows:
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:
(a)  is compatible with the flood hazard of the land, and
(b)  will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of the river banks of waterways, and
(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.
(5)  In this clause, flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
6.3   Development in areas subject to aircraft noise
(1)  The objectives of this clause are as follows:
(a)  to prevent certain noise sensitive developments from being located near the Sydney (Kingsford Smith) Airport and its flight paths,
(b)  to assist in minimising the impact of aircraft noise from that airport and its flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,
(c)  to ensure that land use and development in the vicinity of that airport do not hinder or have any other adverse impacts on the ongoing, safe and efficient operation of that airport.
(2)  This clause applies to development that:
(a)  is on land that:
(i)  is near the Sydney (Kingsford Smith) Airport, and
(ii)  is in an ANEF contour of 20 or greater, and
(b)  the consent authority considers is likely to be adversely affected by aircraft noise.
(3)  Before determining a development application for development to which this clause applies, the consent authority:
(a)  must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and
(b)  must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, and
(c)  must be satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021—2000.
(4)  In this clause:
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the Sydney (Kingsford Smith) Airport prepared by the Department of the Commonwealth responsible for airports.
AS 2021—2000 means AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
6.4   Converting serviced apartments to residential flat buildings
(1)  The objective of this clause is to prevent substandard residential accommodation occurring through the conversion of serviced apartments to residential flat buildings.
(2)  Development consent must not be granted for the subdivision, under a strata scheme, of a building or a part of a building that is being, or has been, used for serviced apartments into a residential flat building unless the consent authority has considered the following in relation to the residential flat building:
(a)  the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development, and
(b)  the design principles of the Residential Flat Design Code (published by the Department of Planning, Infrastructure and Natural Resources, September 2002).
6.5   Development on land in Haberfield Heritage Conservation Area
(1)  The objective of this clause is to maintain the single storey appearance of dwellings in the Haberfield Heritage Conservation Area.
(2)  This clause applies to land identified as “C42” on the Heritage Map.
(3)  Development consent must not be granted to development for the purpose of a dwelling house on land to which this clause applies unless the consent authority is satisfied that:
(a)  if the development involves an existing building:
(i)  the gross floor area above the existing ground floor level will not exceed the gross floor area of the existing roof space, and
(ii)  the gross floor area below the existing ground floor level will not exceed 25% of the gross floor area of the existing ground floor, and
(b)  the development will not involve excavation in excess of 3 metres below ground level (existing), and
(c)  the development will not involve the installation of dormer or gablet windows, and
(d)  at least 50% of the site will be landscaped area.
6.6   Location of restricted premises and sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between restricted premises, sex services premises, specified land uses and places regularly frequented by children.
(2)  Development consent must not be granted to development for the purposes of restricted premises or sex services premises unless the premises are located:
(a)  at least 200 metres (measured from the closest boundary of the lot on which the premises are proposed) from any residence or any land in a residential zone, and
(b)  at least 200 metres (measured from the closest boundary of the lot on which the premises are proposed) from any place of public worship, hospital, school, child care centre, community facility or recreation area, and
(c)  at least 50 metres (measured from the closest boundary of the lot on which the premises are proposed) from any railway station entrance, bus stop, taxi rank, ferry terminal or the like, and
(d)  at least 200 metres (measured from the closest boundary of the lot on which the premises are proposed) from any existing or proposed restricted premises or sex services premises, and
(e)  on any floor other than the ground floor of a building.
(3)  In deciding whether to grant development consent to development for the purposes of restricted premises or sex services premises, the consent authority must consider the following:
(a)  the impact that the development and its hours of operation would have on any place likely to be regularly frequented by children:
(i)  that adjoins the development, or
(ii)  that can be viewed from the development, or
(iii)  from which a person can view the development,
(b)  whether the operation of the premises is likely to cause a disturbance in the neighbourhood:
(i)  because of its size, location, hours of operation or number of employees, or
(ii)  taking into account the cumulative impact of the premises along with other sex services premises operating in the neighbourhood during similar hours,
(c)  whether the operation of the premises will be likely to interfere with the amenity of the neighbourhood.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 110 Frederick Street, Ashfield
(1)  This clause applies to land at 110 Frederick Street, Ashfield, being Lot A, DP 338677.
(2)  Development for the purpose of business premises is permitted with development consent.
2   Use of certain land at 36–38 Holden Street, Ashfield
(1)  This clause applies to land at 36–38 Holden Street, Ashfield, being Lot 10, DP 820.
(2)  Development for the purpose of business premises is permitted with development consent.
3   Use of certain land at 75 Milton Street, Ashfield
(1)  This clause applies to land at 75 Milton Street, Ashfield, being Lot 31, DP 707858.
(2)  Development for the purpose of a residential flat building is permitted with development consent.
4   Use of certain land at 69 Milton Street, Croydon
(1)  This clause applies to land at 69 Milton Street, Croydon, being Lot 11, DP 730876.
(2)  Development for the purpose of a residential flat building is permitted with development consent.
5   Use of certain land at 582 Parramatta Road, Croydon, 141 Parramatta Road, Haberfield and 314 Canterbury Road, Hurlstone Park
(1)  This clause applies to the following land:
(a)  land at 582 Parramatta Road, Croydon, being Lot 2, DP 866658,
(b)  land at 141 Parramatta Road, Haberfield, being Lot 16, DP 520199,
(c)  land at 314 Canterbury Road, Hurlstone Park, being Lot 1, DP 302900.
(2)  Development for the purpose of food and drink premises is permitted with development consent.
6   Use of certain land at 22 and 26 Georges River Road, Croydon Park
(1)  This clause applies to land at 22 and 26 Georges River Road, Croydon Park, being Lot 1, DP 566070 and Lot 22, DP 847.
(2)  Development for the purpose of business premises is permitted with development consent.
7   Use of certain land near Canterbury Road, Hurlstone Park
(1)  This clause applies to the land identified as “Area 2” on the Key Sites Map.
(2)  Development for the purpose of shop top housing is permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Advertisements—general requirements
(1)  Must be non-moving.
(2)  Must be at least 600mm from any public road.
(3)  Must be associated with the lawful use of the building (except for temporary signs).
(4)  Must be within the boundary of the property to which it relates, unless located on land in a business or an industrial zone.
(5)  Must not be on walls that face or adjoin residential premises.
(6)  Must not be an “A” frame sign.
(7)  Must have the consent of the owner of the property on which the sign is located.
(8)  Must not be flashing.
Advertisements—business identification signs (other than for sex services premises and restricted premises) in business zones
(1) Under awning sign Sign attached to the underside of an awning must comply with the general requirements and the following:
(a)  1 sign per ground floor premises with street frontage,
(b)  maximum length—2.5m,
(c)  maximum height—0.4m,
(d)  minimum clearance—2.6m above any public footpath.
(2) Flush wall sign Sign attached to the wall of a building (other than the transom of a doorway or display window) must comply with the general requirements and the following:
(a)  must not project more than 150mm beyond the face of the building,
(b)  top end of sign must not be higher than 3m from footpath level on street frontage,
(c)  maximum area—2.5m2.
(3) Top hamper sign Sign attached to the transom of a doorway or top end of the display window of a ground floor premises must comply with the general requirements and the following:
(a)  maximum area—2.5m2,
(b)  must not project more than 150mm beyond the building to which it is attached.
(4) Awning fascia sign Fascia signs must comply with the general requirements and must not project above or below the fascia or return end of the awning to which it is attached.
Advertisements—business identification signs (other than for sex services premises) in industrial zones
(1)  Must meet the general requirements for advertisements.
(2)  If located in an industrial complex containing 3 or more industrial units with at least 1 common driveway, must comply with the following:
(a)  1 common pole or pylon sign for the complex (including a directory board),
(b)  1 additional sign at main entrance of each occupied unit with maximum advertising area of 1.2m2,
(c)  maximum height—5m,
(d)  maximum advertising area—25m2,
(e)  must be within 5m of any public entry point to the complex,
(f)  must not obstruct the sight line of vehicular or pedestrian traffic.
(3)  If located in single occupancy industrial premises, must comply with the following:
(a)  maximum 1 sign,
(b)  maximum area—50m2 or 1m2 per 3m of street frontage, whichever is the lesser,
(c)  must be an advertising panel attached to the facade of the building with no part of the advertising panel projecting above the front wall of the building to which the sign is attached.
(4)  Must not be constructed or installed on or in a heritage item or draft heritage item.
Advertisements—business identification signs in residential zones
Must meet the general requirements for advertisements and comply with the following:
(a)  1 sign per premises,
(b)  maximum area—0.75m2,
(c)  if located on a pole, must not extend above 2m from natural ground level,
(d)  must not be illuminated,
(e)  must not be constructed or installed on or in a heritage item or draft heritage item.
Advertisements—real estate signs (advertising premises or land for sale or lease)
(1)  Must meet the general requirements for advertisements.
(2)  Maximum area:
(a)  if located on land in a residential zone—2.5m2,
(b)  if located on land in any other zone—4.5m2.
(3)  Must be removed within 7 days after the sale or lease of the premises or land.
(4)  If located on land in any zone other than a residential zone—must be at least 600mm from any public road.
Advertisements—signs not visible from outside site on which they are displayed
(1)  Must be non-moving.
(2)  Must be associated with the lawful use of the building (except for temporary signs).
(3)  Must not be an “A” frame sign.
(4)  Must have the consent of the owner of the property on which the sign is located.
(5)  Must not be flashing.
Maintenance of buildings comprising heritage items
(1)  Must only involve one or more of the following:
(a)  painting, plastering, cement rendering or cladding,
(b)  the repair or replacement of a non-structural wall,
(c)  any other minor non-structural work.
(2)  Must not affect the means of egress from the building in an emergency.
(3)  Must reproduce the existing materials, finish and design of the building so as not to alter its appearance.
(4)  Must not involve a change in original material type, scale or texture.
(5)  Must not involve the painting of a brick, stone, slate or tile that is not painted.
Minor alterations (external) to buildings comprising heritage items or in a heritage conservation area
Must only involve one or more of the following:
(a)  painting, plastering or cement rendering,
(b)  the repair or replacement of a non-structural wall or roof cladding,
(c)  the replacement or maintenance of downpipes or roof guttering,
(d)  other non-structural alterations involving plumbing, electrical works, attaching fittings, restoration and decorative work.
Special events
(1)  Must take place on land in a special purpose or recreation zone or on unzoned land.
(2)  Must not occupy any road or pathway.
(3)  Must not involve demolition or excavation.
(4)  Must occur during daylight hours on no more than 1 day.
Note—
The proposed event may involve activities that require approvals under the Local Government Act 1993. Such activities include closure of public roads, temporary structures, food stalls, mobile food vendors, activities on community land, certain amusement devices and public entertainment. Consultation with the Council will assist in identifying any requirements before organising such activities.
Temporary signs for religious, cultural, social or recreational events
(1)  Must meet the general requirements for advertisements.
(2)  Maximum area:
(a)  if located on land in a residential zone—1.5m2,
(b)  if located on land in any other zone—3.5m2.
(3)  Maximum height:
(a)  if located on land in a residential zone—2m,
(b)  if located on land in any other zone—3m.
(4)  Must not be displayed earlier than 28 days before, or later than 7 days after, the event.
(5)  Maximum 1 sign per street frontage.
(6)  Must not include advertising of a commercial nature (other than names of event sponsors).
(7)  Must relate to one-off events only.
Temporary structures (other than temporary builders’ structures and structures to which State Environmental Planning Policy (Temporary Structures) 2007 applies)
(1)  Must be on land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B4 Mixed Use, Zone B6 Business Park, Zone IN2 Light Industrial, Zone RE2 Private Recreation or Zone SP2 Infrastructure.
(2)  Must not remain erected more than 72 hours.
(3)  Must be at least 6m from any public street.
(4)  Must be installed in accordance with the manufacturer’s specifications.
(5)  Must not be used for commercial or industrial purposes.
(6)  Changes or alterations to the surface and surrounding environment, where it is constructed or erected, must be superficial and temporary.
Note—
Tents, marquees, stages and platforms generally, and booths used for community events, are exempt development under State Environmental Planning Policy (Temporary Structures) 2007 if such structures meet the requirements of that Policy.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
Note—
This Part refers to complying development not specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Alterations and additions to residential buildings that are not heritage items or draft heritage items
(1)  Juliet balconies for residential flat buildings or multi dwelling housing:
(a)  Must be at the rear of the property.
(b)  Must replace an existing opening with an area greater than 1m2.
(c)  Must not have a width greater than 1m or a depth greater than 500mm.
(d)  Must not be within 15m (horizontal distance) from any (visible) private open space or habitable room window of an adjoining property.
(e)  1 per dwelling.
(2)  Dormer window for dwelling house, attached dwelling or semi-detached dwelling:
(a)  Maximum 1 per dwelling house.
(b)  Must be at the rear of the dwelling house, attached dwelling or semi-detached dwelling and face the rear boundary of the property.
(c)  Maximum dimensions—1.2m × 1.5m.
(d)  Must not exceed a ratio of 2:1 measured on the external frame of the window.
(e)  Must be set back at least 500mm from the roof edges (facing the side boundaries), 200mm from the roof gutter and 200mm below the ridge line.
(f)  If within 15m (horizontal distance) from any visible habitable room window or private open space of adjoining property—sill height must be at least 1.6m from internal finished floor level of associated room or window must contain fixed obscure glazing to a height of 1.6m.
(3)  Alterations within roof space:
(a)  Existing ridge line and angle of roof pitch must be retained.
(b)  Additional floor area must only be used for non-habitable purposes.
Bed and breakfast accommodation
(1)  Must be carried out in a lawfully existing dwelling house, attached dwelling or semi-detached dwelling in a land use zone where bed and breakfast accommodation is a permissible use.
(2)  Maximum number of guest bedrooms—3; maximum number of guests at any one time—6.
(3)  Minimum number of bathrooms—2.
(4)  Must have a fire extinguisher and fire blanket in the kitchen.
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
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
Ashbury
House
10 Hanks Street
Lot 6, DP 4170
Local
1
Ashbury
House
38 Hanks Street
Lot 3, DP 949228
Local
2
Ashbury
School
220–252 Holden Street
Lot 100, DP 738051
Local
3
Ashbury
Houses
262–270 Holden Street
Lot 1, DP 953904; Lot 1, DP 953395; Lot 1, DP 956341; Lot 1, 953126; Lot C, DP 977796
Local
4
Ashfield
House
3 A’Beckett Avenue
Lot 2, DP 4815
Local
5
Ashfield
Road reserve
Albert Parade
Road reserve
Local
6
Ashfield
House
7 Albert Parade
Lot A, DP 336269
Local
7
Ashfield
House
9 Albert Parade
Lot 1, DP 905602
Local
8
Ashfield
House
11 Albert Parade
Lot 15, DP 264
Local
9
Ashfield
House
26 Albert Parade
Lot A, DP 334841
Local
10
Ashfield
House
34 Albert Parade
Lot 1, DP 966068
Local
11
Ashfield
House
36 Albert Parade
Lot 1, DP 165741
Local
12
Ashfield
House
38 Albert Parade
Lot C, DP 966069
Local
13
Ashfield
Semi-detached houses
45–47 Albert Parade
Lot 1, DP 900134; Lot 230, DP 130164
Local
14
Ashfield
House
2 Alma Street
Lot 1, DP 934937
Local
15
Ashfield
House
5 Alma Street
Lot 2, DP 17789
Local
16
Ashfield
House
26 Alma Street
Lot 12, DP 1293
Local
17
Ashfield
Houses
20–22 Alt Street
Lot 12, Section B, DP 1293
Local
18
Ashfield
House
23 Alt Street
Lot 1, DP 13894
Local
19
Ashfield
House
44 Alt Street
Lots 7–10, DP 2127
Local
20
Ashfield
House
78 Alt Street
Lot 6, DP 264
Local
21
Ashfield
Flats
94 Alt Street
Lot 1, DP 13651
Local
22
Ashfield
Flats
98 Alt Street
Lot 7, DP 13651
Local
23
Ashfield
House
104 Alt Street
Lot 3, DP 946167
Local
24
Ashfield
House
17 Armstrong Street
Lot 5, DP 14786
Local
25
Ashfield
Houses
8–10 Arthur Street
Lot 1, DP 1028976; Lot 2, DP 84669
Local
26
Ashfield
House
27 Arthur Street
Lot 13, DP 1433
Local
27
Ashfield
Semi-detached houses
32–34 Arthur Street
Lots 1 and 2, DP 506554
Local
28
Ashfield
“Thirning Villa”
40 Arthur Street
Lot 7041, DP 93370
Local
29
Ashfield
Public reserve—“Pratten Park”
40–44 Arthur Street
Lot 585, DP 752049; Lot 1, DP 64579; Lot 7041, DP 93370
Local
30
Ashfield
Nursing home
48 Arthur Street
Lot A, DP 412401
Local
31
Ashfield
Boarding house
4 Blackwood Avenue
Lot 8A, DP 444835
Local
32
Ashfield
Church
1 Bland Street
Lot 11 and part of Lot 10, DP 601374
Local
34
Ashfield
Presbytery
1 Bland Street
Lot 11 and part of Lot 10, DP 601374
Local
33
Ashfield
School
1 Bland Street
Lot 11 and part of Lot 10, DP 601374
Local
35
Ashfield
House
2 Bland Street
Lot 1, DP 102382
Local
36
Ashfield
House
4 Bland Street
Lot 1, DP 960770
Local
37
Ashfield
House
6 Bland Street
Lot 1, DP 960163
Local
38
Ashfield
House
8 Bland Street
Lot 1, DP 959955
Local
39
Ashfield
House
12 Bland Street
Lot A, DP 329379
Local
40
Ashfield
College
18 Bland Street
Lot 17, DP 929
Local
41
Ashfield
Semi-detached houses
25–27 Bland Street
Lot 2, DP 500869
Local
42
Ashfield
Terrace houses
29–31 Bland Street
Lot 1, DP 702017
Local
43
Ashfield
Terrace house
35 Bland Street
Lot 1, DP 202977
Local
44
Ashfield
Church and cemetery, parish hall, school hall, rectory and church grounds
62–74 Bland Street
Lot 1, DP 208481
Local
45
Ashfield
House
75 Bland Street
Lot 4, DP 10099
Local
46
Ashfield
House
79 Bland Street
Lot 2, DP 309798
Local
47
Ashfield
House
83 Bland Street
Lot 1, DP 314590
Local
48
Ashfield
House
3 Bruce Street
Lot 1, DP 103971
Local
49
Ashfield
House
11 Bruce Street
Lot 2, DP 901079
Local
50
Ashfield
Public reserve and parade (part)
Brunswick Parade
Public reserve
Local
51
Ashfield
House
3 Carlisle Street
Lot B, DP 319599
Local
52
Ashfield
House
21 Carlisle Street
Lot 11, DP 2777; Lot 112, DP 130416
Local
53
Ashfield
House
12 Cecil Street
Lot 1, SP 17985
Local
65
Ashfield
House
19 Cecil Street
Lot 2, DP 917841
Local
66
Ashfield
House
49 Cecil Street
Lot 1, DP 947571
Local
67
Ashfield
House
23 Chandos Street
Lot 40, DP 439
Local
68
Ashfield
Townhouses
32 Chandos Street
Lots 1–35, SP 10395
Local
69
Ashfield
Nursing home
50–52 Chandos Street
Lots A, B and C, DP 372259
Local
70
Ashfield
House
94 Chandos Street
Lot 2, DP 214209
Local
71
Ashfield
House
96 Chandos Street
Lot 1, DP 120051
Local
72
Ashfield
Shops
1–3 Charlotte Street
Lot 1, DP 1124828; Lot 17, DP 819022
Local
73
Ashfield
Shop
2 Charlotte Street
Lot 1, DP 184020
Local
74
Ashfield
Shops—three groups
4–8, 10–16, 18–20 Charlotte Street
Lots 1 and 3, DP 629741; Lot 2, DP 610371; Lot 49, DP 1013072; Lot 2, DP 218272
Local
75
Ashfield
Shop with dwelling above
13–15 Charlotte Street
Lot 13, DP 568822
Local
76
Ashfield
Suite of four shops
17–21 Charlotte Street
Lot 1, DP 217304
Local
77
Ashfield
Presbyterian Aged Care
23 Charlotte Street
Lot 1, DP 217304
Local
78
Ashfield
House
45 Charlotte Street
Lot A, DP 320038
Local
79
Ashfield
House
46 Charlotte Street
Lot 1, DP 63600
Local
80
Ashfield
House
71 Charlotte Street
Lot 11, DP 69135
Local
81
Ashfield
House
82 Charlotte Street
Lot B, DP 313303
Local
82
Ashfield
House
86 Charlotte Street
Lot 1, DP 175100
Local
83
Ashfield
House
2 Church Street
Lot A, DP 84704
Local
84
Ashfield
House
2 Clissold Street
Lot X, DP 394410
Local
85
Ashfield
Pressure tunnel and shafts
3A Clissold Street
Lot 2, DP 642128
State
86
Ashfield
Houses
3–5 Clissold Street
Lot 2, DP 787258; Lot C, DP 187711
Local
87
Ashfield
House
23 Clissold Street
Lot 10, DP 804
Local
88
Ashfield
House
12 Eccles Avenue
Lot 21, DP 8690
Local
89
Ashfield
House
25 Eccles Avenue
Lot 3, DP 316461
Local
90
Ashfield
House
17 Elizabeth Street
Lot 10, DP 131013
Local
91
Ashfield
House
81 Elizabeth Street
Lot C, DP 329379
Local
92
Ashfield
House
83 Elizabeth Street
Lot 1, DP 194251
Local
93
Ashfield
House
93 Elizabeth Street
Lot C, DP 901340
Local
94
Ashfield
House
95 Elizabeth Street
Lot B, DP 9011340
Local
95
Ashfield
Shop and attached terrace house
96–98 Elizabeth Street
Lots 1 and 2, DP 229273
Local
96
Ashfield
House
5 Farleigh Street
Lot 1, DP 302090
Local
98
Ashfield
House
29 Farleigh Street
Lot 5, DP 10793
Local
99
Ashfield
House
12 Federal Avenue
Lot B, DP 342998
Local
100
Ashfield
Houses—group of two pairs
18–20 and 22–24 Federal Avenue
Lots B, C, D and E, DP 444995
Local
101
Ashfield
Public reserve
Frederick Street (corner of Henry Street)
Lot 1, DP 65178; Lot 39, DP 433; Lot 1, DP 724792; Lots 3A, 4A, 5A and 6A, DP 1455
Local
102
Ashfield
House
45 Frederick Street
Lot 31, DP 264
Local
103
Ashfield
Terrace buildings
91–101 Frederick Street
Lots 2–7, DP 222870
Local
104
Ashfield
House
113 Frederick Street
Lot 1, DP 882052
Local
105
Ashfield
Flats
17 Grainger Avenue
Lot 81, DP 130211
Local
107
Ashfield
House
12 Hampden Street
Lot B, DP 336290
Local
108
Ashfield
House
14 Hampden Street
Lot 1, DP 856487
Local
109
Ashfield
House
15 Hampden Street
Lot 48, DP 263
Local
110
Ashfield
House
17 Hampden Street
Lot 2, DP 233301
Local
111
Ashfield
House
19 Hampden Street
Lot 1, DP 233301
Local
112
Ashfield
House
16 Henry Street
Lot 3, DP 306216
Local
114
Ashfield
Infants Home Ashfield—original building, the “Emily Trollope” Nursing Ward, “Louise Taplin” Ward, laundry, grounds and lesser buildings
17 Henry Street
Lot 10, DP 129727
Local
115
Ashfield
Monument—“Mei Quong Tart”
Hercules Street
Road reserve
Local
116
Ashfield
Commercial building
11–13 Hercules Street
Lot 1, DP 210155
Local
124
Ashfield
House
8 Hillcrest Avenue
Lot A, DP 330230
Local
130
Ashfield
Flats
10 Hillcrest Avenue
Lot B, DP 330230
Local
131
Ashfield
Flats
12 Hillcrest Avenue
Lot 2 DP 345160
Local
132
Ashfield
Flats
14 Hillcrest Avenue
Lot 1 DP 345160
Local
133
Ashfield
Church and hall
1 Holden Street
Lot 1, DP 333415; Lot 1, DP 76635
Local
134
Ashfield
House
25 Holden Street
Lot 1, DP 629275
Local
135
Ashfield
Shop
27 Holden Street
Lot 2, DP 629275
Local
136
Ashfield
House
28 Holden Street
Lot 6, Section 1, DP 820
Local
137
Ashfield
House
68 Holden Street
Lot 1, DP 11174
Local
138
Ashfield
House
70 Holden Street
Lot 2, DP 11174
Local
139
Ashfield
House
72 Holden Street
Lot 3, DP 11174
Local
140
Ashfield
House
74 Holden Street
Lot 4, DP 11174
Local
141
Ashfield
Semi-detached house
75 Holden Street
Lot A, DP 958702
Local
142
Ashfield
House
76 Holden Street
Lot 5, DP 11174
Local
143
Ashfield
Semi-detached house
77 Holden Street
Lot B, DP 958702
Local
144
Ashfield
House
78 Holden Street
Lot 6, DP 11174
Local
145
Ashfield
House
85 Holden Street
Lot A, DP 338620
Local
146
Ashfield
House
97 Holden Street
Lot 1, DP 912204
Local
147
Ashfield
Church
126 Holden Street
Lot C, DP 183251
Local
148
Ashfield
House
11 Holwood Avenue
Lot 17, DP 15010
Local
149
Ashfield
House
29 Hugh Street
Lot 20, DP 2911
Local
150
Ashfield
House
1 John Street
Lot C, DP 315933
Local
151
Ashfield
House
10 John Street
Lot A, DP 304877
Local
152
Ashfield
House
11A John Street
Lot 1, DP 882793
Local
153
Ashfield
House
12 John Street
Lot 3, DP 6741
Local
154
Ashfield
House
15 John Street
Lot 1, DP 88019
Local
155
Ashfield
House
23 John Street
Lot B, DP 334339
Local
156
Ashfield
House
43 John Street
Lot C, DP 418552
Local
157
Ashfield
House
54 John Street
Lot 11, DP 1888
Local
158
Ashfield
Semi-detached house
3 Joseph Street
Lot B, DP 436232
Local
159
Ashfield
Semi-detached house
5 Joseph Street
Lot A, DP 436232
Local
160
Ashfield
House
54 Joseph Street
Lot 1, DP 89769
Local
161
Ashfield
House
8 Julia Street
Lot 12, DP 939270
Local
162
Ashfield
House
18 Julia Street
Lot 1, DP 333728
Local
163
Ashfield
Semi-detached house
22 Julia Street
Lot 1, DP 14413
Local
164
Ashfield
Semi-detached house
26 Julia Street
Lot A, DP 322073
Local
165
Ashfield
House
2A King Street
Lot 15, DP 263
Local
166
Ashfield
House
4 King Street
Lot 14, DP 263
Local
167
Ashfield
House
7–9 King Street
Lot 1, DP 936318
Local
168
Ashfield
House
10 King Street
Lot A, DP 339602
Local
169
Ashfield
House
11 King Street
Lots 0–4, SP 30829
Local
170
Ashfield
House
15 King Street
Lot 15, SP 37480; Lots 5–8, SP 38213; Lots 0 and 4, SP 37480
Local
171
Ashfield
House
30 King Street
Lot 42, DP 112361; Lot 3, DP 263
Local
172
Ashfield
Church, institute and manse
1–3 Knox Street
Lot 101, DP 631733
Local
173
Ashfield
Flats
2 Knox Street
Lot A, DP 309173
Local
174
Ashfield
Semi-detached house
2 Lapish Avenue
Lot 22, DP 524908
Local
176
Ashfield
Semi-detached house
4 Lapish Avenue
Lot 21, DP 524908
Local
177
Ashfield
Semi-detached house
6 Lapish Avenue
Lot 32, DP 523761
Local
178
Ashfield
Semi-detached house
8 Lapish Avenue
Lot 31, DP 523761
Local
179
Ashfield
Semi-detached house
10 Lapish Avenue
Lot 1, DP 580896
Local
180
Ashfield
Semi-detached house
12 Lapish Avenue
Lot 2, DP 580896
Local
181
Ashfield
Semi-detached house
14 Lapish Avenue
Lot 50, DP 608053
Local
182
Ashfield
Semi-detached house
16 Lapish Avenue
Lot 15, DP 608053
Local
183
Ashfield
Semi-detached house
18 Lapish Avenue
Lot 1, DP 537247
Local
184
Ashfield
Semi-detached house
20 Lapish Avenue
Lot 2, DP 537247
Local
185
Ashfield
Public reserve
11–23 Liverpool Road
Lot 40, DP 633022; Lot 2, DP 6394
Local
186
Ashfield
Terrace
31 Liverpool Road
Lot B, DP 341204
Local
187
Ashfield
Terrace
37 Liverpool Road
Lot B, DP 188572
Local
188
Ashfield
House
42 Liverpool Road
Lot 2, DP 12981
Local
189
Ashfield
Hospital and outbuildings
56 Liverpool Road
Lot 1, DP 378; Lot 1, DP 126307; Lot 1, DP 30237; Lot 2, DP 562023
Local
190
Ashfield
House
61 Liverpool Road
Lot 8, DP 439
Local
191
Ashfield
Shop and dwelling
160 Liverpool Road
Lot B, DP 342916
Local
193
Ashfield
School of Arts
162 Liverpool Road
Lot 1, DP 86940
Local
194
Ashfield
Church and hall
180 Liverpool Road
Lot 2, DP 223159
Local
195
Ashfield
Club
182 Liverpool Road
Lot 11, DP 592302
Local
196
Ashfield
Shops with dwellings above
183, 187–191 Liverpool Road
Lot 5, DP 956; Lots 1 and 2, DP 220500; Lot 1, DP 957231
Local
197
Ashfield
Shops and dwellings
188–196 Liverpool Road
Lots B, C, D and E, DP 110389; Lot A, DP 437868
Local
198
Ashfield
Shops and dwellings
198–198A Liverpool Road
Lot B, DP 332622
Local
199
Ashfield
Shops with dwellings above
201–207 Liverpool Road
Lots 1–4, DP 223502
Local
200
Ashfield
Hotel—“Ashfield”
204 Liverpool Road
Lot 100, DP 1069001; Lot A, DP 173296; Lot A, DP 332622
Local
201
Ashfield
Shop with part of apartment complex above and behind, including walkway
209 Liverpool Road
Lot 1, DP 220776
Local
202
Ashfield
Shops, offices and dwellings
211–217A Liverpool Road
Lots A–E, DP 26714;
Local
203
Ashfield
Shops with dwellings above
214–216 Liverpool Road
Lots 1 and 2, DP 329215
Local
205
Ashfield
Shops with offices above
236–242 Liverpool Road
Lot 106, DP 734466
Local
207
Ashfield
Shops, offices and dwellings
261– 263 Liverpool Road and 27 Hercules Street
Lot 2, DP 450205
Local
208
Ashfield
Hotel
262 Liverpool Road
Lot 2, DP 519591
Local
209
Ashfield
Shop with dwelling above
281 Liverpool Road
Lot 1, DP 80709; Lot 1, DP 302923
Local
212
Ashfield
Shops and dwellings above
298–312 Liverpool Road
Lots 1–8, DP 25166
Local
213
Ashfield
Shops and dwellings above
317 Liverpool Road
Lot 1, DP 10284
Local
214
Ashfield
Flats
338 Liverpool Road
Lot 1, DP 19412
Local
216
Ashfield
Semi-detached houses
10 –12 Loftus Street
Lots 2 and 3, DP 399111
Local
218
Ashfield
Semi-detached houses
11–11a Lucy Street
Lot 22, DP 433;
Local
219
Ashfield
Semi-detached houses
27–29, 31–33 Lucy Street
Lots A and B, DP 346434
Local
220
Ashfield
Houses
30–38 Lucy Street
Lots 2–6, DP 13384
Local
221
Ashfield
House
1 Miller Avenue
Lot 1, DP 130017
Local
222
Ashfield
House
11 Norton Street
Lot 8, DP 1017
Local
224
Ashfield
House (part of apartment complex)
70 Norton Street
Lot B, DP 418654
Local
226
Ashfield
Semi-detached houses
112–114 Norton Street
Lots A and B, DP 105331
Local
227
Ashfield
House
177 Norton Street
Lot D, DP 435360
Local
228
Ashfield
Former shop and dwelling
179 Norton Street
Lot C, DP 435360
Local
229
Ashfield
Pavement (inlaid) street naming
Ormond Street (corner of Bruce Street)
Road reserve
Local
230
Ashfield
House
4 Ormond Street
Lots 2 and 3, DP 14626
Local
231
Ashfield
Flats
21–27 Ormond Street
Lots 1–35, SP 391; Lots 1–24, SP 1245; Lots 1–33, SP 50
Local
232
Ashfield
House
29 Ormond Street
Lot 24, Section 10, DP 439
Local
233
Ashfield
Flats
35 Ormond Street
Lot 27, Section 10, DP 439
Local
234
Ashfield
House
39 Ormond Street
Lot 1, DP 111266
Local
235
Ashfield
Semi-detached houses
51–53 Ormond Street
Lots 1 and 2, DP 868921
Local
236
Ashfield
Semi-detached houses
55–57 Ormond Street
Lots A and B, DP 445524
Local
237
Ashfield
House
59 Ormond Street
Lot 1, DP 973430
Local
238
Ashfield
Ashfield Bowling Club
Orpington Street
Lot 2, DP 607316
Local
243
Ashfield
House
29 Orpington Street
Lot 12, Section 13, DP 439
Local
240
Ashfield
Semi-detached houses
36–38 Orpington Street
Lots A and B, DP 437278
Local
241
Ashfield
Semi-detached houses
39–41 Orpington Street
Lots A and B, DP 420434
Local
242
Ashfield
House
43–47 Orpington Street
Lot 16, SP 67958
Local
244
Ashfield
House
50 Orpington Street
Lot 1, DP 531955
Local
245
Ashfield
Flats
80 Orpington Street
Lot B, DP 336695
Local
246
Ashfield
House
82 Orpington Street
Lot 2, DP 308087
Local
247
Ashfield
House
86 Orpington Street
Lot 3, DP 33945
Local
248
Ashfield
Public reserve
Palace Street
Road reserve
Local
250
Ashfield
House
1 Palace Street
Lot 1, DP 227522
Local
251
Ashfield
House
14 Palace Street
Lot 8, Section 2, DP 1013
Local
252
Ashfield
House
28 Palace Street
Lot 6, DP 7011
Local
253
Ashfield
House
54 Palace Street
Lot 1, DP 165734
Local
254
Ashfield
House
60 Palace Street
Lot 60, DP 876820
Local
255
Ashfield
House
79–81 Palace Street
Lot 33, DP 1013
Local
256
Ashfield
Semi-detached houses
18–20 Park Avenue
Lot 72, DP 736409
Local
257
Ashfield
Semi-detached houses
42–44 Park Avenue
Lots 1 and 2, DP 745309
Local
258
Ashfield
House
43 Park Avenue
Lot 63, DP 979252
Local
259
Ashfield
House
61 Park Avenue
Lot 2, DP 76347
Local
260
Ashfield
Semi-detached house
73 Park Avenue
Lot C, DP 85825
Local
261
Ashfield
Semi-detached house
75 Park Avenue
Lot B, DP 85825
Local
262
Ashfield
Semi-detached house
87 Park Avenue
Lot 2, DP 230728
Local
263
Ashfield
Semi-detached house
89 Park Avenue
Lot 1, DP 230728
Local
264
Ashfield
House
103 Park Avenue
Lot 25, DP 61190
Local
265
Ashfield
House
104 Park Avenue
Lot 18, Section 2, DP 979252
Local
266
Ashfield
House
110 Park Avenue
Lot 15, DP 80519
Local
267
Ashfield
House
115 Park Avenue
Lot 2, DP 65240
Local
268
Ashfield
House
117 Park Avenue
Lot 1, DP 65240
Local
269
Ashfield
House
119 Park Avenue
Lot 1, DP 735703
Local
270
Ashfield
Milestone
Parramatta Road (within Ashfield Park)
Lot 2, DP 607316
Local
271
Ashfield
Ashfield Park (public reserve)
Parramatta Road, Orpington, Pembroke and Ormond Streets
Lot 2, DP 607316
Local
272
Ashfield
Commercial building
476 Parramatta Road
Lot 2, DP 858653
Local
273
Ashfield
Semi-detached houses
22 Pembroke Street
Lot 101, DP 228295
Local
274
Ashfield
Semi-detached houses
38–40 Pembroke Street
Lot 1, DP 570887
Local
275
Ashfield
Semi-detached houses
42–44 Pembroke Street
Lots A and B, DP 60627
Local
276
Ashfield
House
46 Pembroke Street
Lot 4, DP 2362
Local
277
Ashfield
House
48 Pembroke Street
Lots 2 and 3, DP 2362
Local
278
Ashfield
House
7 Queen Street
Lot 7, DP 1433
Local
279
Ashfield
Houses
11–23 Queen Street
Lots 6–12, DP 5832
Local
280
Ashfield
Former corner store
33 Queen Street
Lot 1, DP 663
Local
281
Ashfield
House
44 Queen Street
Lot 5, DP 6267
Local
282
Ashfield
Flats—group of two blocks
63–65 Queen Street
Lots 1–7, SP 6222; Lots 1–4, SP 47262
Local
283
Ashfield
House
85 Queen Street
Lot 1, SP 58640
Local
284
Ashfield
House
91 Queen Street
Lot A, DP 315044
Local
285
Ashfield
House
160 Queen Street
Lot B, DP 343449
Local
286
Ashfield
House
165 Queen Street
Lot 16, DP 426
Local
287
Ashfield
House
206 Queen Street
Lot 1, DP 802393
Local
288
Ashfield
House
3 Richmond Avenue
Lot 3, DP 14124
Local
289
Ashfield
House
5 Richmond Avenue
Lot 2, DP 14124
Local
290
Ashfield
Houses
12–18 Robert Street
Lot 1, DP 901197; Lot 1, DP 901198; Lot 1, DP 901199; Lot 1, DP 901200
Local
291
Ashfield
Houses
22–26 Robert Street
Lots A, B and C, DP 436295
Local
292
Ashfield
House
15 Rose Street
Lot 16, DP 709762
Local
293
Ashfield
House
1A Seaview Street
Lot 2, DP 380333
Local
294
Ashfield
House
34 Service Avenue
Lot 10, DP 8470
Local
295
Ashfield
House
1 Shepherd Street
Lot B, DP 337011
Local
300
Ashfield
House
27 Shepherd Street
Lot B, DP 347175
Local
301
Ashfield
House
28 Shepherd Street
Lot A, DP 368272
Local
302
Ashfield
House
1 Taringa Street
Lot 1, DP 663423
Local
303
Ashfield
House
4 Taringa Street
Lot 1, DP 512623
Local
304
Ashfield
House
17 Taringa Street
Lot 3, DP 978029
Local
305
Ashfield
House
2 The Avenue
Lot C, DP 379054
Local
306
Ashfield
House
4 The Avenue
Lot B, DP 379054
Local
307
Ashfield
House
9 The Avenue
Lot A, DP 356984
Local
308
Ashfield
House
9 Tintern Road
Lot 1, DP 1679; Lot B, DP 170647
Local
309
Ashfield
House
20 Tintern Road
Lot 5, DP 1679
Local
310
Ashfield
House
27 Tintern Road
Lot 1, DP 195997
Local
311
Ashfield
House
31 Tintern Road
Lot 15, DP 455831
Local
312
Ashfield
House
33 Tintern Road
Lots 12 and 13, DP 2681
Local
313
Ashfield
House
38 Tintern Road
Lot B, DP 362894
Local
314
Ashfield
House
42 Tintern Road
Lot 1, DP 798771
Local
315
Ashfield
House
46 Tintern Road
Lot 1, DP 168564
Local
316
Ashfield
Street plantings
Victoria Street (between Norton and Seaview Streets)
Road reserve
Local
319
Ashfield
Rotunda
Victoria Street (Yeo Park)
Public reserve
Local
336
Ashfield
Yeo Park (public reserve)
Victoria Street
Public reserve
Local
335
Ashfield
House
13 Victoria Square
Lot 31, DP 280
Local
317
Ashfield
House
17 Victoria Square
Lot B, DP 339757; Lot 2, DP 25287
Local
318
Ashfield
Police station
12–14 Victoria Street
Lots 1–3, DP 1017
Local
320
Ashfield
Fire station
16 Victoria Street
Lot 4, DP 1017
Local
321
Ashfield
Public reserve
20 Victoria Street
Lot 1, DP 883
Local
322
Ashfield
Sydney Private Hospital
63–85 Victoria Street
Lot 1, DP 115456; Lot 1, DP 901198; Lot 1, DP 901199
Local
323
Ashfield
House
78 Victoria Street
Lot 1, DP 115533
Local
324
Ashfield
House and pavilion
85 Victoria Street
Lot 3, DP 4272
Local
325
Ashfield
House
98 Victoria Street
Lot 1, DP 2681
Local
326
Ashfield
House
102 Victoria Street
Lot 3, DP 2681
Local
327
Ashfield
House
104 Victoria Street
Lot 4, DP 2681
Local
328
Ashfield
House
108 Victoria Street
Lot 5, DP 2681
Local
329
Ashfield
House
118 Victoria Street
Lot 1, DP 167700
Local
331
Ashfield
House
120 Victoria Street
Lot 1, DP 167402
Local
332
Ashfield
Chapel, Cardinal Freeman Village
137 Victoria Street
Lot 1, DP 1126717; Lot 1, DP 615275; Lot 202, DP 702246
Local
333
Ashfield
House (“Glentworth”) and stone and iron palisade boundary fencing, Cardinal Freeman Village
137 Victoria Street
Lot 1, DP 1126717; Lot 1, DP 615275; Lot 202, DP 702246
Local
334
Ashfield
House
141 Victoria Street
Lot 1, DP 123555
Local
337
Ashfield
House
142 Victoria Street
Lots 2 and 3, DP 15765
Local
338
Ashfield
House
153 Victoria Street
Lot A, DP 371454
Local
339
Ashfield
House
175 Victoria Street
Lot 9, DP 1233
Local
340
Ashfield
House
185 Victoria Street
Lot A, DP 333004; Lot 33, DP 863
Local
341
Ashfield
House
229 Victoria Street
Lot 5, DP 4597
Local
342
Ashfield
House
16 Wallace Street
Lot 26, DP 8803
Local
343
Ashfield
House
17 Wallace Street
Lot 9, DP 5399
Local
344
Ashfield
House
18 Wallace Street
Lot 27, DP 8803
Local
345
Ashfield
House
19 Wallace Street
Lot A, DP 345627
Local
346
Ashfield
House
20 Wallace Street
Lot 28, DP 8803
Local
347
Ashfield
House
27 Wallace Street
Lot 1, DP 115587
Local
348
Ashfield
Pumping station
9 Watson Avenue
Lot 1, DP 812589
Local
349
Ashfield
Pressure tunnel and shafts
9 Watson Avenue
Lot 1, DP 812589
State
349
Ashfield
House
2 Webbs Avenue
Lot 1, DP 951111
Local
350
Ashfield
House
3 Webbs Avenue
Lot C, DP 320636
Local
351
Ashfield
House
22 Webbs Avenue
Lot B, DP 14648
Local
352
Ashfield
House
24 Webbs Avenue
Lot A, DP 14648
Local
353
Ashfield
House
40 William Street
Lot 15, DP 4272
Local
354
Ashfield
Shops—group of five
1 Wood Street
Lot 1, DP 725760
Local
355
Ashfield
House
3 Wood Street
Lot F, DP 3914
Local
356
Ashfield
House
5 Wood Street
Lot E, DP 3914
Local
357
Ashfield
House
7 Wood Street
Lot D, DP 3914
Local
358
Ashfield
House
9 Wood Street
Lot C, DP 3914
Local
359
Ashfield
House
11 Wood Street
Lot B, DP 3914
Local
360
Ashfield
House
13 Wood Street
Lot A, DP 3914
Local
361
Ashfield
House
6 Yeo Avenue
Lot B, DP 12839
Local
362
Croydon
Croydon Railway Station Group
Great Southern and Western Railway
Part Lot 11, DP 873457
State
363
Croydon
House
18 Bay Street
Lot C, DP 418190
Local
364
Croydon
Stone cottage
18A Bay Street
Lot C, DP 418190
Local
365
Croydon
House
38 Bay Street
Lot 1, DP 723935
Local
366
Croydon
House
44 Bay Street
Lot 2, DP 300770
Local
367
Croydon
House
46 Bay Street
Lot 3, DP 300770
Local
368
Croydon
Part site of Ashfield Park House
3–7 Byron Street
Lot 11, Section 4, DP 4501; Lot 2, DP 937763; Lot 1, DP 938383
Local
369
Croydon
House
93 Church Street
Lot 35, DP 5974
Local
371
Croydon
House
95 Church Street
Lot 12, DP 1005170
Local
372
Croydon
House
15 College Street
Lot B, DP 328234
Local
373
Croydon
House
18 Cromwell Street
Lot 12, DP 730876
Local
374
Croydon
Semi-detached house
21 Cromwell Street
Lot B, DP 445213
Local
375
Croydon
House
22 Cromwell Street
Lot 173, DP 1042256
Local
376
Croydon
Semi-detached house
23 Cromwell Street
Lot A, DP 445213
Local
377
Croydon
House
24 Cromwell Street
Lot 1718, DP 1112709
Local
378
Croydon
Houses—group of eight
6–22 Croydon Road
Lot 117, DP 129953; Lot 1, DP 938164; Lot 1, DP 939614; Lot 18, DP 656121; Lots 19, 20, 22 and 23, Section 3, DP 733; Lot 1, DP 947182; Lot 1, Section 3, DP 1019179
Local
379
Croydon
Terrace houses
47– 51 Croydon Road
Lots 1–3, DP 215854
Local
380
Croydon
House
116 Croydon Road
Lot 41, DP 561899
Local
381
Croydon
House
40 Dalmar Street
Lot B, DP 317898
Local
382
Croydon
House
52 Dalmar Street
Lot 3, DP 315765
Local
383
Croydon
Shops with dwellings above
105, 107, 109 Edwin Street North
Lots A, B and C, DP 449268
Local
384
Croydon
Shop and dwelling
111 Edwin Street North
Lot 1, DP 939698
Local
385
Croydon
Church
112 Edwin Street North
Lot 45, DP 133
Local
386
Croydon
College
114 Edwin Street North
Lot 37, DP 733
Local
387
Croydon
Commercial premises with dwellings above
125–129 Edwin Street North
Lots 1–3, DP 560682
Local
388
Croydon
Houses—group of four
126–132 Edwin Street North
Lots 1 and 3, DP 130108; Lot 1, DP 945217; Lot 1, DP 448157; Lot 1, DP 910410
Local
389
Croydon
Church
1–11 and 13 Edwin Street South (see also 475–479 Liverpool Road)
Lots 33 –34, DP 979702
Local
390
Croydon
Semi-detached terrace houses
41–43 Edwin Street South
Lot 1, DP 778893; Lot 21, DP 1096073
Local
391
Croydon
House
135 Elizabeth Street
Lot 1, DP 317340
Local
392
Croydon
House
144 Elizabeth Street
Lot 3, DP 304631
Local
393
Croydon
House
173 Elizabeth Street
Lot B, DP 319196
Local
394
Croydon
House
177 Elizabeth Street
Lot C, DP 319196
Local
395
Croydon
Terrace houses
185–197 Elizabeth Street
Lots 1–7, DP 224335
Local
396
Croydon
Shop and dwelling (former bakery)
217–219 Elizabeth Street
Lot 1, DP 303366; Lot 1, DP 170359
Local
397
Croydon
House
74 Frederick Street
Lot 3, DP 6978
Local
398
Croydon
House
66 Heighway Avenue
Lot 10, DP 6241
Local
399
Croydon
House
8–10 Highbury Street
Lot 10, DP 979702
Local
401
Croydon
House
15 Highbury Street
Lot 27, DP 3899
Local
402
Croydon
House
22 Holborow Street
Lot 1, DP 938694
Local
403
Croydon
House
26 Holborow Street
Lot 2, Section 1, DP 501
Local
404
Croydon
House
28 Holborow Street
Lot 4, Section 1, DP 501
Local
405
Croydon
House
55 Holborow Street
Lot C, DP 433671
Local
406
Croydon
House
85 Holborow Street
Lot 14, DP 687
Local
407
Croydon
House
11 Kenilworth Street
Lot 15, DP 9968
Local
408
Croydon
Site of Excelsior Brickworks
Lang, Church and Queen Streets
Lots 1 and 2, DP 237006
Local
413
Croydon
Houses—group of seven and attached corner shop
19–31 Lion Street
Lot 8, DP 168917; Lot 1, DP 168084; Lot 1, DP 103931; Lot 1, DP 168063; Lot 1, DP 168061; Lot 1, DP 168062; Lot 1, DP 168645
Local
414
Croydon
House
471 Liverpool Road
Lot 1, DP 500897
Local
415
Croydon
House
473 Liverpool Road
Lot 4, DP 981220
Local
416
Croydon
House
475–479 Liverpool Road
Lot 7, DP 979702
Local
400
Croydon
Church
475–479 Liverpool Road (see also 1–11 and 13 Edwin Street South)
Lot 4, DP 979702
Local
417
Croydon
Flats
61 Milton Street
Lot A, DP 342080
Local
418
Croydon
Semi-detached houses
63– 63A Milton Street
Lots 1 and 2, DP 828890; Lot B, DP 342262
Local
419
Croydon
Semi-detached houses
65–65A Milton Street
Lots 1 and 2, DP 1092783
Local
420
Croydon
Semi-detached houses
67–67A Milton Street
Lot D, DP 342262
Local
421
Croydon
House
69 Milton Street
Lot 11, DP 730876
Local
422
Croydon
House
107 Milton Street
Lot 2, DP 644
Local
423
Croydon
House
109 Milton Street
Lot 2, DP 909134
Local
424
Croydon
Semi-detached houses
227–229 Norton Street
Lots 141 and 142, DP 564525
Local
425
Croydon
Semi-detached houses
231–233 Norton Street
Lots 1 and 2, DP 531677
Local
426
Croydon
House
30 Page Avenue
Lot 101, DP 868406
Local
427
Croydon
Part site Ashfield Park House
6–10 Scott Street
Lot 1, DP 902220; Lot 1, DP 938801; Lot 1, DP 936508
Local
428
Croydon
House
50 Thomas Street
Lot A, DP 103760
Local
429
Croydon
Terrace houses
52–56 Thomas Street
Lot 1, DP 166950; Lot 11, DP 129982; Lot 1, DP 920543
Local
430
Croydon Park
House
53–55 Carshalton Street
Lot 8, DP 501
Local
431
Croydon Park
House
74 Georges River Road
Lot G, DP 13266
Local
432
Croydon Park
Houses—group of three
1–5 Leopold Street
Lot 1, DP 971887; Lots 9 and 10, DP 847
Local
433
Croydon Park
House and former stables
19 Leopold Street
Lots 18 and 19, DP 847
Local
434
Haberfield
House
38 Dalhousie Street
Lot 178, DP 4774
Local
435
Haberfield
House
40 Dalhousie Street
Lot 10, DP 878231; Lots 176 and 177, DP 4774
Local
436
Haberfield
Church and manse
51–53 Dalhousie Street
Lot 1, DP 130434
State
437
Haberfield
House
16 Deakin Street
Lot 1, DP 924687
State
438
Haberfield
Church
10 Dickson Street
Lot 1, DP 930432; Lot 2, DP 318038
Local
439
Haberfield
House
20 Dudley Street
Lot 29, Section 1, DP 5908
Local
440
Haberfield
House
37 Dudley Street
Lot 2, Section 4, DP 5908
Local
441
Haberfield
Houses—group of three
74, 76 and 78 Hawthorne Parade
Lots 1–3, DP 216036
Local
442
Haberfield
House
14 Kingston Street
Lot 1, DP 171753
Local
443
Haberfield
House and gardens
185 Parramatta Road
Lot 1, DP 604108
State
444
Haberfield
House
34 Ramsay Street
Lot 2, DP 307691
Local
446
Haberfield
Commercial Building and dwellings
96–100 Ramsay Street
Lot 1, DP 560077; Lots 5 and 8, DP 8246; Lot 1, DP 950665
Local
447
Haberfield
Commercial Building
129–131 Ramsay Street
Lots 101 and 102, DP 227040
Local
448
Haberfield
Commercial Building
133–135 Ramsay Street
Lots 1 and 2, DP 572842
Local
449
Haberfield
Commercial Building and dwelling (former bank)
145 Ramsay Street
Lot 1, DP 318038
Local
450
Haberfield
Houses
146–148 Ramsay Street
Lot 4, DP 228097
Local
451
Haberfield
Houses
150–152 Ramsay Street
Lots 1 and 2, DP 228097
Local
452
Haberfield
Building
147–151 Ramsay Street
Lots A, B and C, DP 381929
Local
453
Haberfield
Buildings
167–177 Ramsay Street
Lots 1–6, DP 201928
Local
454
Haberfield
House
1–5 Rogers Avenue
Lot 13, DP 15083
State
455
Haberfield
Relay Test Centre
11 St David’s Road
Lot A, DP 318470; Lot 1, DP 320780
State
456
Haberfield
House
31 St David’s Road
Lot 19, Section B, DP 1772; Lot 1, DP 455592
Local
457
Haberfield
House
18 Stanton Road
Lot 51, DP 4125
Local
458
Haberfield
House
19 Stanton Road
Lot 1, DP 926806
Local
459
Haberfield
House
20 Stanton Road
Lot 1, DP 570744
Local
460
Haberfield
House
27 Turner Avenue
Lot 17, DP 3855
Local
461
Haberfield
House
9 Wattle Street
Lot 49, DP 1756
Local
462
Haberfield/Summer Hill
Battle Bridge
Parramatta Road (at Hawthorne Canal)
Road reserve
Local
445
Hurlstone Park
House
10 Griffith Street
Lot 25, DP 4170
Local
463
Hurlstone Park
Church and hall
12 Griffith Street
Lots 15 and 16, DP 6606
Local
464
Hurlstone Park
House
42 Hardy Street
Lot A, DP 319982
Local
465
Hurlstone Park
House
54 Hardy Street
Lot 12, DP 131218
Local
466
Summer Hill
Flats
2 Allman Avenue
Lots 1–4, SP 56974
Local
467
Summer Hill
Flats
3 Allman Avenue
Lots 1–4, SP 60405
Local
468
Summer Hill
Flats
7 Allman Avenue
Lot 7, DP 19343
Local
469
Summer Hill
Flats
9 Allman Avenue
Lots 1–4, SP 49186
Local
470
Summer Hill
Flats
10 Allman Avenue
Lot 10, DP 19343
Local
471
Summer Hill
House
8 Bartlett Street
Lot B, DP 310221
Local
472
Summer Hill
House
10 Bartlett Street
Lot A, DP 316505
Local
473
Summer Hill
Houses
3, 5, 7 and 9 Bogan Street
Lots A and B, DP 351077; Lots 1 and 2, DP 204957
Local
474
Summer Hill
House
20 Bogan Street
Lot A, DP 313717
Local
475
Summer Hill
2 station buildings on platform 3
Carlton Crescent (Summer Hill Railway Station between platforms 1 and 2)
Part Lot 45, DP 869476
Local
476
Summer Hill
Railway station booking office
Carlton Crescent (opposite Lackey Street)
Part Lot 45, DP 869476
Local
477
Summer Hill
Lewisham Aqueduct
Intersection of Carlton and Grosvenor Crescents
Lot 028, DP 2
State
478
Summer Hill
Semi-detached house
42–43 Carlton Crescent
Lots D and E, DP 443721
Local
479
Summer Hill
Semi-detached houses
46–47 Carlton Crescent
Lots 46 and 47, DP 633753
Local
480
Summer Hill
House
48 Carlton Crescent
Lot 1, DP 929105
Local
481
Summer Hill
House
99 Carlton Crescent
Lot 22, DP 378
Local
482
Summer Hill
Three houses
112, 113 and 114 Carlton Crescent
Lot 1, DP 908546; Lots 1 and 2, DP 226271
Local
483
Summer Hill
Semi-detached houses
30–30A Carrington Street
Lot 1, DP 948413; Lot 1, DP 98372; Lot 114, DP 1624; Lot 115, DP 130920
Local
484
Summer Hill
House
41 Carrington Street
Lot 34, DP 1624
Local
485
Summer Hill
House
2 Dover Street
Lot 2, DP 115418
Local
486
Summer Hill
House
4 Dover Street
Lot 21, DP 378
Local
487
Summer Hill
House
10 Dover Street
Lot 1, DP 510545
Local
488
Summer Hill
House
12 Dover Street
Lot 18, Section 5, DP 378
Local
489
Summer Hill
Semi-detached houses
25–27 Dover Street
Lots 1 and 2, DP 224987
Local
490
Summer Hill
Semi-detached houses
29–31 Dover Street
Lots 3 and 4, DP 224987
Local
491
Summer Hill
Semi-detached houses
33–35 Dover Street
Lots 1 and 2, DP 226957
Local
492
Summer Hill
Semi-detached houses
37–39 Dover Street
Lots 11 and 12, DP 531216
Local
493
Summer Hill
Semi-detached houses
41–43 Dover Street
Lots 21 and 22, DP 233883
Local
494
Summer Hill
House
45 Dover Street
Lot 1, DP 935998
Local
495
Summer Hill
Convent building
5 Drynan Street
Lot 9, Section 13, DP 1681
Local
496
Summer Hill
House
9 Drynan Street
Lot 1, DP 950984
Local
497
Summer Hill
Houses—group of three
10, 14 and 16 Drynan Street
Lot 1, DP 981123; Lot 1, DP 915080; Lot 5, Section 1, DP 1681
Local
498
Summer Hill
House
17 Edward Street
Lot 156, DP 1624
Local
499
Summer Hill
Semi-detached houses
13–15 and 17–19 Fleet Street
Lots A–D, DP 436459
Local
500
Summer Hill
Former villa
10 Gower Street
Lot 9, Section 3, DP 1025
Local
501
Summer Hill
Two houses
14 and 16 Gower Street
Lot 3, DP 33986; Lot 1, DP 956778
Local
502
Summer Hill
Flats
22 Gower Street
Lots 1–4, SP 31192
Local
503
Summer Hill
Flats
24 Gower Street
Lots 1–5, SP 49460
Local
504
Summer Hill
Public reserve
1–4 Grosvenor Crescent
Lot B, DP 323197
Local
505
Summer Hill
House
10 Grosvenor Crescent
Lot 1, SP 491
Local
506
Summer Hill
House
11 Grosvenor Crescent
Lot 1, DP 655602
Local
507
Summer Hill
House
12 Grosvenor Crescent
Lot 1, DP 900014
Local
508
Summer Hill
House
13 Grosvenor Crescent
Lot 1, DP 934317
Local
509
Summer Hill
Nurse accommodation
52 Grosvenor Crescent
Lot 1, DP 378
Local
511
Summer Hill
Lewisham Sewage Aqueduct
Grosvenor Crescent East
Lots 4 and 5, DP 918708
State
512
Summer Hill
House
1 Henson Street
Lot 3, DP 314519
Local
513
Summer Hill
St Andrews Church and hall
2A–2B Henson Street
Lots 1, 2 and 2B, DP 906602
Local
514
Summer Hill
House
6 Henson Street
Lot 1, DP 602801
Local
515
Summer Hill
Houses—group of two
15 and 17 Henson Street
Lot 1, DP 978474; Lot 1, DP 101226
Local
516
Summer Hill
House
30 Henson Street
Lot 20, DP 388
Local
517
Summer Hill
House
45 Henson Street
Lot 51, DP 5430
Local
518
Summer Hill
House
51 Henson Street
Lot 1, DP 953520
Local
519
Summer Hill
House
59 Henson Street
Lot A, DP 332552
Local
520
Summer Hill
Semi-detached houses
20–22 Herbert Street
Lots A and B, DP 435943
Local
521
Summer Hill
House
3 Hurlstone Avenue
Lot 22, DP 5430
Local
522
Summer Hill
House
6 Hurlstone Avenue
Lot 17, DP 5430
Local
523
Summer Hill
House
16 Hurlstone Avenue
Lot 1, DP 314230
Local
524
Summer Hill
School buildings
Junction Road (between Moonbie and Bartlett Streets)
Lot 1, DP 776528
Local
528
Summer Hill
Flats
1 Junction Road
Lot 1, SP 16738
Local
525
Summer Hill
Building
2A Junction Road
Lot A, DP 31257
Local
526
Summer Hill
Buildings—group
8–18 Junction Road
Lots A and B, DP 104177; Lots A and B, DP 439820; Lots A and B, DP 412537
Local
527
Summer Hill
Semi-detached houses
30–32 Junction Road
Lots 1 and 2, DP 568875
Local
529
Summer Hill
House
57 Junction Road
Lot B, DP 339746
Local
530
Summer Hill
Semi-detached houses
59–61 Junction Road
Lots C and D, DP 436894
Local
531
Summer Hill
Semi-detached houses
63–65 Junction Road
Lots 2 and 3, DP 190649
Local
532
Summer Hill
Semi-detached houses
67–69 Junction Road
Lots A and B, DP 436894
Local
533
Summer Hill
Houses—group of two
2–4 Kensington Road
Lot 1, DP 103961; Lot 1, DP 908108
Local
534
Summer Hill
Houses—group of nine
13–29 Kensington Road
Lot 1, DP 970223; Lot 1, DP 662949; Lot 1, DP 908544; Lot 2, DP 130879; Lot 1, DP 908817; Lots 1 and 2, DP 915774; Lots 1 and 2, DP 449979
Local
535
Summer Hill
House
28 Kensington Road
Lot 14, DP 571
Local
536
Summer Hill
House
30 Kensington Road
Lot 13, DP 130915
Local
537
Summer Hill
House
30A Kensington Road
Lot A, DP 33629
Local
538
Summer Hill
House
70 Kensington Road
Lot 1, DP 104199
Local
539
Summer Hill
House
80 Kensington Road
Lot B, DP 383001
Local
540
Summer Hill
Semi-detached houses
83–85 and 87–89 Kensington Road
Lot 1, DP 121528; Lot 1, DP 913249; Lots 1 and 2, DP 115591
Local
541
Summer Hill
Hotel
1 Lackey Street
Lot A, DP 399902; Lot 43, DP 378
Local
542
Summer Hill
Shop, dwelling, office
1, 3 and 5 Lackey Street
Lot 43, DP 378; Lots B and C, DP 399902
Local
543
Summer Hill
Commercial building
2–4 Lackey Street
Lots 1–14, SP 69481
Local
544
Summer Hill
Shops with dwellings
16– 20 Lackey Street
Lot 2, DP 1028428
Local
545
Summer Hill
House
1 Lorne Street
Lot 1, DP 912884
Local
546
Summer Hill
House
3 Lorne Street
Lot 2, DP 912884
Local
547
Summer Hill
Former post office
2 Moonbie Street
Lot 12, DP 476
Local
548
Summer Hill
House
3 Moonbie Street
Lot B, DP 953861
Local
549
Summer Hill
House
5 Moonbie Street
Lot A, DP 953861
Local
550
Summer Hill
Semi-detached houses
15–17 Moonbie Street
Lots B and C, DP 437566
Local
551
Summer Hill
House
19 Moonbie Street
Lot 7, DP 388
Local
552
Summer Hill
House
21 Moonbie Street
Lot 6, DP 388
Local
553
Summer Hill
Community centre
28 Moonbie Street
Lot 1, DP 912270
Local
554
Summer Hill
Houses—group of two
30–32 Moonbie Street
Lot 21, DP 650357; Lot 1, DP 955132
Local
555
Summer Hill
Semi-detached houses
36–38 Moonbie Street
Lots A and B, DP 104289
Local
556
Summer Hill
Houses—group of two
37–39 Moonbie Street
Lots A and B, DP 306489
Local
557
Summer Hill
House
41 Moonbie Street
Lot 7, DP 388
Local
558
Summer Hill
House
58 Moonbie Street
Lot 29, DP 650763
Local
559
Summer Hill
Semi-detached houses
74–76 Moonbie Street
Lot 1, DP 948501; Lot 1, DP 131353
Local
560
Summer Hill
Semi-detached houses
78–80 Moonbie Street
Lots 1 and 2, DP 444784
Local
561
Summer Hill
Semi-detached houses
82–84 Moonbie Street
 
Local
562
Summer Hill
Semi-detached houses
86–88 Moonbie Street
Lots A and B, DP 442324
Local
563
Summer Hill
House
90 Moonbie Street
Lot 1, DP 931417
Local
564
Summer Hill
Shop and dwelling
12 Morris Street
Lot A, DP 436832
Local
565
Summer Hill
Shop and dwelling
17 Morris Street
Lot 4, DP 476
Local
566
Summer Hill
Shops and dwellings
23–37 Morris Street
Lots 1–8, DP 248259
Local
567
Summer Hill
Shops and dwellings
24–28 Morris Street
Lot 1, DP 571609; Lots 12 and 13, DP 604734
Local
568
Summer Hill
House
48 Morris Street
Lot E, DP 184790
Local
569
Summer Hill
Houses—matching pair
49–51 Morris Street
Lot 1, DP 983647; Lot 14, DP 130974
Local
570
Summer Hill
House
50 Morris Street
Lot F, DP 184790
Local
571
Summer Hill
House
52 Morris Street
Lot 1, DP 916928
Local
572
Summer Hill
House
54 Morris Street
Lot 27, DP 656200
Local
573
Summer Hill
House
63 Morris Street
Lot 11, DP 368
Local
578
Summer Hill
Houses—group of three
44–48 Nowranie Street
Lots 44–46, DP 1624
Local
579
Summer Hill
House
156 Old Canterbury Road
Lot A, DP 334133; Lots 5 and 7, DP 700
Local
580
Summer Hill
Garage, office and dwelling
192 Old Canterbury Road
Lot 1, DP 700
Local
581
Summer Hill
House
196 Old Canterbury Road
Lot 3, DP 938737
Local
582
Summer Hill
Semi-detached buildings— former shops with dwellings above
212–214 Old Canterbury Road
Lot 16, DP 758
Local
585
Summer Hill
House
296 Old Canterbury Road
Lot 31, DP 8813357
Local
586
Summer Hill
Former Baby Health Centre
296D Old Canterbury Road
Lot 11, DP 1002099
Local
587
Summer Hill
Service station
48 Parramatta Road
Lot 1, DP 338439
Local
588
Summer Hill
Commercial building
60–70 Parramatta Road
Lot A, DP 404105; Lot 10, DP 779; Lot 9, DP 944023; Lot 1, DP 944024; Lot 1, DP 945252
Local
589
Summer Hill
Church and hall
15–17 Prospect Road
Lot 20, DP 800726
Local
590
Summer Hill
House
27 Prospect Road
Lot 48, DP 883
Local
591
Summer Hill
House
39 Prospect Road
Lot 1, DP 955116
Local
592
Summer Hill
House
41 Prospect Road
Lot 7, DP 658075
Local
593
Summer Hill
House
43 Prospect Road
Lot 8, DP 1679
Local
594
Summer Hill
House
45 Prospect Road
Lot 9, DP 1679
Local
595
Summer Hill
House
51 Prospect Road
Lot 5, DP 5694
Local
596
Summer Hill
House
59 Prospect Road
Lot 2, DP 501961
Local
597
Summer Hill
Houses
65, 67, and 73 Prospect Road
Lot 1, DP 199758; Lot 5, DP 112262; Lot 1, DP 62445
Local
598
Summer Hill
House
66 Prospect Road
Lot A, DP 901858
Local
599
Summer Hill
House
68 Prospect Road
Lot B, DP 901858
Local
600
Summer Hill
House
70 Prospect Road
Lot C, DP 901858
Local
601
Summer Hill
House
77 Prospect Road
Lot 2, DP 318903
Local
602
Summer Hill
House
79 Prospect Road
Lot 1, DP 318903
Local
603
Summer Hill
House
85 Prospect Road
Lot 3, DP 280
Local
604
Summer Hill
House
97 Prospect Road
Lot 8, DP 280; Lot 1, DP 900653
Local
605
Summer Hill
House
98 Prospect Road
Lot A, DP 330576; Lot 1, DP 956132
Local
606
Summer Hill
School—headmaster’s house and chapel
119 Prospect Road
Lot 11, DP 130160; Lot 9, DP 15765; Lot 100, DP 1049869
Local
608
Summer Hill
House
20 Rosemount Avenue
Lot 1, DP 965317
Local
609
Summer Hill
House
26 Seaview Street
Lot 1, DP 220455
Local
611
Summer Hill
Post office pillar box
Sloane Street and Grosvenor Crescent
Road reserve
Local
612
Summer Hill
House
12 Sloane Street
Lot C, DP 417489
Local
613
Summer Hill
Semi-detached houses
14–16 Sloane Street
Lot 0, SP 13900; Lot 23, DP 378
Local
614
Summer Hill
Semi-detached houses
29–31 Sloane Street
Lot 10, DP 749057; Lot 2, DP 858660
Local
615
Summer Hill
House
43 Sloane Street
Lot 1, DP 595
Local
616
Summer Hill
House
44 Sloane Street
Lot 1, DP 918401
Local
617
Summer Hill
House
52 Sloane Street
Lot 1, DP 912942
Local
618
Summer Hill
Former flour mill complex
2–32 Smith Street
Lots A and B, DP 302421; Lots 11 and 15, DP 315; Lot 1, DP 955001; Lot 1, DP 951124; Lot 1, DP 73521; Lot 16, DP 130884; Lot 1, DP 182276; Lot B, DP 172600; Lot B, DP 171931; Lot 1, DP 302585; Lot 1, DP 171676; Lot 100, DP 221222; Lots 1 and 2, DP 131120
Local
619
Summer Hill
House
39 Smith Street
Lot 53, DP 499597
Local
620
Summer Hill
Former house
67 Smith Street
Lot 1, DP 905800
Local
621
Summer Hill
Terrace houses
79–89 Smith Street
Lots 2–7, DP 108397
Local
622
Summer Hill
Flats
105 Smith Street
Lots 1–8, SP 12829
Local
623
Summer Hill
Shop (former) with dwelling above
107–109 Smith Street
Lot 1, DP 305974
Local
624
Summer Hill
Shop and dwelling
111 Smith Street
Lot 7, DP 225763
Local
625
Summer Hill
Shops—group of three with dwellings above
112,114, 116–122 and 124 –128 Smith Street
Lot C, DP 442739; Lot 1, DP 920883; Lots 1–7, DP 236035
Local
626
Summer Hill
Shops and dwellings
113–123 Smith Street
Lots 1–6, DP 225763
Local
627
Summer Hill
Darrel Jackson Gardens (public reserve)
127–131 Smith Street
Lot 32, DP 378; Lot 2, DP 1009898
Local
628
Summer Hill
Flats and shops
132 –134 Smith Street
Lot 2, DP 909796
Local
629
Summer Hill
House and former stable block
133 Smith Street
Lot 1, DP 1009898
Local
630
Summer Hill
Flats
139 Smith Street
Lot 4, DP 534746
Local
631
Summer Hill
Houses
154–156 Smith Street
Lot 1, DP 177837; Lot 1, DP 126493
Local
632
Summer Hill
Flats
159 Smith Street
Lot E, DP 409252
Local
633
Summer Hill
Houses—group of two
160–162 Smith Street
Lots A and B, DP 374153
Local
634
Summer Hill
House
164 Smith Street
Lot 1, DP 960103
Local
635
Summer Hill
Flats
168 Smith Street
Lot B, DP 337480
Local
636
Summer Hill
Flats
169 Smith Street
Lots 1–4, SP 16084
Local
637
Summer Hill
Houses—group of five
176, 178, 180, 182 and 184 Smith Street
Lots 14 and 15, Section A, DP 249; Lot A, DP 344430; Lot A, DP 404764; Lot A, DP 404518
Local
638
Summer Hill
House
192 Smith Street
Lot B, DP 347318
Local
639
Summer Hill
House
194 Smith Street
Lot 4, DP 1492
Local
640
Summer Hill
House
196 Smith Street
Lot 3, DP 1492
Local
641
Summer Hill
House
198 Smith Street
Lot 2, DP 1492
Local
642
Summer Hill
House
200 Smith Street
Lot 1, DP 656192
Local
643
Summer Hill
Flats
1 Sunning Place
Lot 3, DP 18093
Local
644
Summer Hill
Flats
3 Sunning Place
Lot A, DP 344760; Lot 5, DP 18093
Local
645
Summer Hill
Flats
5 Sunning Place
Lot 1, SP 43421
Local
646
Summer Hill
Flats
6 Sunning Place
Lot 8, DP 18093
Local
647
Summer Hill
Flats
7 Sunning Place
Lot 9, DP 18093
Local
648
Summer Hill
Houses—group of two
6–8 Teakle Street
Lot 1, DP 916051; Lot 1, DP 538647
Local
649
Summer Hill
House
7 Teakle Street
Lot 1, DP 901474
Local
650
Summer Hill
House
2 Wellesley Street
Lot 4, DP 700
Local
651
Summer Hill
House
4 Wellesley Street
Lot 3, DP 700
Local
652
Summer Hill
House
6 Wellesley Street
Lot 1, DP 115460
Local
653
Summer Hill
House
8 Wellesley Street
Lot 1, DP 130639
Local
654
Summer Hill
House
10 Wellesley Street
Lot 8, Section 4, DP 700
Local
655
Summer Hill
House
12 Wellesley Street
Lot 7, Section 4, DP 700
Local
656
Summer Hill
House
14 Wellesley Street
Lot 6, Section 4, DP 700
Local
657
Summer Hill
House
16 Wellesley Street
Lot 5, Section 4, DP 700
Local
658
Summer Hill
House
18 Wellesley Street
Lot 4, Section 4, DP 700
Local
659
Summer Hill
House
20 Wellesley Street
Lot 3, Section 4, DP 700
Local
660
Summer Hill
House
22 Wellesley Street
Lot 2, DP 981690
Local
661
Summer Hill
House
24 Wellesley Street
Lot 1, DP 981690
Local
662
Summer Hill
Terrace of three houses
26, 28 and 30 Wellesley Street
Lots A, B and C, DP 439008
Local
663
Summer Hill
Semi-detached houses
32–34 Wellesley Street
Lots C and D, DP 441971
Local
664
Summer Hill
Semi-detached houses
36–38 Wellesley Street
Lots A and B, DP 441971
Local
665
Summer Hill
House
40 Wellesley Street
Lot 1, DP 120034
Local
666
Summer Hill
House
42 Wellesley Street
Lot 1, DP 900487
Local
667
Summer Hill
House
44 Wellesley Street
Lot 1, DP 700
Local
668
Part 2 Heritage conservation areas
Description
Identification on Heritage Map
Significance
Ambleside and Holwood Conservation Area
Shown by red hatching and labelled “C1”
Local
Birriga Road Conservation Area
Shown by red hatching and labelled “C26”
Local
Bridges Avenue Conservation Area
Shown by red hatching and labelled “C27”
Local
Clover Hill Conservation Area
Shown by red hatching and labelled “C43”
Local
Eccles Estate Conservation Area
Shown by red hatching and labelled “C2”
Local
Edwin Street North Conservation Area
Shown by red hatching and labelled “C28”
Local
Farleigh Estate Conservation Area
Shown by red hatching and labelled “C3”
Local
Federal-Fyle Conservation Area
Shown by red hatching and labelled “C13”
Local
Fleet Street Conservation Area
Shown by red hatching and labelled “C44”
Local
Gads Hill Conservation Area
Shown by red hatching and labelled “C29”
Local
Goodlet Conservation Area
Shown by red hatching and labelled “C39”
Local
Goodwin Avenue Conservation Area
Shown by red hatching and labelled “C4”
Local
Haberfield Conservation Area (nominated area of State significance)
Shown by red hatching and labelled “C42”
Local
Haig Avenue Conservation Area
Shown by red hatching and labelled “C45”
Local
Hammond Park Estate Conservation Area
Shown by red hatching and labelled “C30”
Local
Hampden Street and King Street Conservation Area
Shown by red hatching and labelled “C6”
Local
Harland Estate Conservation Area
Shown by red hatching and labelled “C7”
Local
Hillcot Street Conservation Area
Shown by red hatching and labelled “C5”
Local
Hillside Conservation Area
Shown by red hatching and labelled “C40”
Local
Howe’s Estate Conservation Area
Shown by red hatching and labelled “C31”
Local
Ilford Avenue Conservation Area
Shown by red hatching and labelled “C9”
Local
Ivanhoe Estate Conservation Area
Shown by red hatching and labelled “C32”
Local
Lang Street Conservation Area
Shown by red hatching and labelled “C33”
Local
Lindsay-Louisa-Short Conservation Area
Shown by red hatching and labelled “C46”
Local
Lucy Street Conservation Area
Shown by red hatching and labelled “C34”
Local
Miller Avenue Conservation Area
Shown by red hatching and labelled “C10”
Local
Mountjoy Estate Conservation Area
Shown by red hatching and labelled “C11”
Local
Murrell Estate Conservation Area
Shown by red hatching and labelled “C12”
Local
North Summer Hill Conservation Area
Shown by red hatching and labelled “C47”
Local
Oaklands Avenue Conservation Area
Shown by red hatching and labelled “C48”
Local
Park Avenue Conservation Area
Shown by red hatching and labelled “C14”
Local
Prospect Hall Conservation Area
Shown by red hatching and labelled “C49”
Local
Prospect Road-Smith Street Conservation Area
Shown by red hatching and labelled “C50”
Local
Quarantine Ground Conservation Area
Shown by red hatching and labelled “C51”
Local
Rathgael Estate Conservation Area
Shown by red hatching and labelled “C35”
Local
Rectory Estate Conservation Area
Shown by red hatching and labelled “C15”
Local
Richmond Avenue Conservation Area
Shown by red hatching and labelled “C16”
Local
Rose Street Conservation Area
Shown by red hatching and labelled “C17”
Local
Service Avenue Conservation Area
Shown by red hatching and labelled “C18”
Local
Somerville Avenue Conservation Area
Shown by red hatching and labelled “C19”
Local
Summer Hill Central Conservation Area
Shown by red hatching and labelled “C52”
Local
Taringa Estate Conservation Area
Shown by red hatching and labelled “C20”
Local
Tavistock Estate Conservation Area
Shown by red hatching and labelled “C53”
Local
Teakle Street Conservation Area
Shown by red hatching and labelled “C54”
Local
The Ranch Conservation Area
Shown by red hatching and labelled “C37”
Local
Tintern Road Conservation Area
Shown by red hatching and labelled “C21”
Local
Trafalgar Square Conservation Area
Shown by red hatching and labelled “C55”
Local
Victoria Square Conservation Area
Shown by red hatching and labelled “C23”
Local
Webbs Avenue Conservation Area
Shown by red hatching and labelled “C24”
Local
Wetherill Street Conservation Area
Shown by red hatching and labelled “C38”
Local
sch 5: Am 2014 No 33, Sch 2.4 [1]–[3].
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.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be 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 may (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.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
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.
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.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
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 a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, 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.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following:
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
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 that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
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—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place 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, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
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 a building or place that:
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
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 an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:
(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 for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
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.
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.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that:
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and 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 launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
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.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
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) and 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 does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
(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,
whichever distance is the shortest.
bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:
(a)  a large area for handling, display or storage, and
(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,
and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, 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.
Note—
Bulky goods premises are a type of retail premises—see the definition of that term in this Dictionary.
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:
(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,
but does not include construction of a track, trail or road.
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:
(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,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which:
(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,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
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 a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most 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.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
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:
(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,
but does not include:
(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 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 hazard has the same meaning as in the Coastal Protection Act 1979.
coastal lake means a body of water specified in Schedule 1 to State Environmental Planning Policy No 71—Coastal Protection.
coastal protection works has the same meaning as in the Coastal Protection Act 1979.
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:
(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).
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.
commercial premises means any of the following:
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place:
(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,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:
(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,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Ashfield Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
Crown reserve means:
(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,
but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
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 that is conducted on a commercial basis where the only restriction facilities present are 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).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or 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, but does not include a farm building.
draft heritage item has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
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 a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
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.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that:
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
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)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  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 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, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows:
estuary means:
(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,
but does not include anything declared by the regulations (under the Water Management Act 2000) not 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 any of the following:
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock for commercial purposes,
(c)  bee keeping,
(d)  a dairy (pasture-based).
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
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.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
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 a building or place that provides temporary or short-term accommodation 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.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery.
Note—
Feedlots are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
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 Ashfield Local Environmental Plan 2013 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry has the same meaning as forestry operations has for the purposes of Part 5A of the Forestry Act 2012.
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)  the harvesting of forest products, or
(c)  on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning and other silvicultural activities such as bee-keeping, grazing and bush fire hazard reduction, 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 home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following:
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
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:
(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,
but excludes:
(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 permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling:
(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,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling:
(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,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, 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 building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
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 premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used 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 any of the following:
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Ashfield Local Environmental Plan 2013 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 that is 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.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance:
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Division of the Government Service responsible to the Minister administering the Heritage Act 1977 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 or 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, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means:
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Ashfield Local Environmental Plan 2013 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  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 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 that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(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 signage (other than a business identification sign), 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,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:
(a)  the employment of more than 2 persons other than those residents,
(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,
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)  the exhibition of any signage (other than a business identification sign),
(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,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(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 signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
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:
(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 signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
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, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
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.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that:
(a)  is used in conjunction with an industry or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, 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 or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following:
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include:
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
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, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following:
(a)  dairies (restricted),
(b)  feedlots,
(c)  piggeries,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following:
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
Key Sites Map means the Ashfield Local Environmental Plan 2013 Key Sites Map.
kiosk means premises that are 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 of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Ashfield Local Environmental Plan 2013 Land Application Map.
Land Reservation Acquisition Map means the Ashfield Local Environmental Plan 2013 Land Reservation Acquisition Map.
Land Zoning Map means the Ashfield Local Environmental Plan 2013 Land Zoning Map.
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.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does 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, and includes any of the following:
(a)  high technology industry,
(b)  home industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for 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 abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
Lot Size Map means the Ashfield Local Environmental Plan 2013 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but 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 a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is 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.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
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 premises that are 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. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
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.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
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, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing 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, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
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.
navigable waterway 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 premises used for the purposes of selling general merchandise 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 of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that:
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
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 a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity 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 existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products 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 building or place 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 existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
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.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
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.
people who are socially disadvantaged means:
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
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.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
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 retail 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 or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
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.
public authority has the same meaning as in the Act.
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:
(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,
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.
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:
(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,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
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 theme parks, 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 that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows:
relic means any deposit, artefact, object or material evidence that:
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
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, and includes any of the following:
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes:
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.
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, composting, 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.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means 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 a pub, hotel or motel accommodation, 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 hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following:
(a)  bulky goods premises,
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
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 the retail sale 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 of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
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.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
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 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 of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is:
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for:
(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 building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
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 accommodation to tourists or visitors on a commercial basis and 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.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
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.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
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.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following:
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
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 premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
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 any of the following:
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
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.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
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 industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
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:
(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,
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.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
telecommunications facility means:
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing 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 yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include:
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
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 business, industry, shop or passenger or freight transport undertaking.
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.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means:
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
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 to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
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 use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
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.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following:
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
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.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
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.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
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.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following:
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
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.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
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.
wharf or boating facilities means a wharf (or any of the following facilities associated with a wharf or boating that are not port facilities):
(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.
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.