Ku-ring-gai Local Environmental Plan 2015

Part 1 Preliminary

1.1 Name of Plan

This Plan is Ku-ring-gai Local Environmental Plan 2015.

1.1AA Commencement

This Plan commences 28 days after 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 Ku-ring-gai in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)  The particular aims of this Plan are as follows—

(aa)  to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

(a)  to guide the future development of land and the management of environmental, social, economic, heritage and cultural resources within Ku-ring-gai,

(b)  to protect, enhance and sustainably manage the biodiversity, natural ecosystems, scenic values, water resources and ecological processes within the catchments of Ku-ring-gai for the benefit of current and future generations,

(c)  to maintain and improve water quality within the catchments of Ku-ring-gai,

(d)  to facilitate adaptation to climate change,

(e)  to manage risks to the community and the environment in areas subject to natural hazards and risks,

(f)  to recognize, protect and conserve Ku-ring-gai’s indigenous and non-indigenous cultural heritage,

(g)  to ensure that development does not conflict with the hierarchy of commercial centres in Ku-ring-gai,

(h)  to encourage a diversity of employment within Ku-ring-gai,

(i)  to encourage a variety of housing types within Ku-ring-gai,

(j)  to achieve land use relationships that promote the efficient use of infrastructure,

(k)  to facilitate good management of public assets and promote opportunities for social, cultural and community activities,

(l)  to facilitate development that complements and enhances amenity for residential uses and public spaces.

1.3 Land to which Plan applies

(1)  This Plan applies to the land identified on the Land Application Map.

(1A)  Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” 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 local plan-making authority 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 local plan-making authority when the instruments are made.

(1AA)    (Repealed)

(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 Environment.

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.

(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.

Note—

While Ku-ring-gai Planning Scheme Ordinance no longer applies to the land to which this Plan applies, it continues to apply to the land identified as “Deferred matter” under clause 1.3(1A).

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 3.5 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.

cl 1.8A: Am 2019 (621), Sch 5[1].

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 3.28 of the Act.

(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

State Environmental Planning Policy No 1—Development Standards

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 relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, 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 Subdivision 2 of Division 7.1 of the Act.

(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Plan are as follows—

Residential Zones

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

R4 High Density Residential

R5 Large Lot Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

B4 Mixed Use

B7 Business Park

Special Purpose Zones

SP1 Special Activities

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

RE2 Private Recreation

Environment Protection Zones

E1 National Parks and Nature Reserves

E2 Environmental Conservation

E3 Environmental Management

E4 Environmental Living

Waterway Zones

W1 Natural Waterways

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.

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)  In deciding whether to grant 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 (Housing for Seniors or People with a Disability) 2004

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

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

State Environmental Planning Policy No 33—Hazardous and Offensive Development

State Environmental Planning Policy No 50—Canal Estate Development

State Environmental Planning Policy No 64—Advertising and Signage

State Environmental Planning Policy (Primary Production and Rural Development) 2019

Land Use tbl: Am 2015 (650), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 No 1, Sch 2.17; 2019 (621), Sch 3.

Zone R1   General Residential

1 Objectives of zone

•  To provide for the housing needs of the community.

•  To provide for a variety of housing types and densities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To provide for development that is compatible with the environmental and heritage qualities of the locality.

•  To promote a high standard of urban and architectural design of development,

•  To promote the establishment of a sustainable community.

2 Permitted without consent

Home occupations; Roads

3 Permitted with consent

Attached dwellings; Boarding houses; Building identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Exhibition homes; Group homes; Home-based child care; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture

4 Prohibited

Any development not specified in item 2 or 3

Zone R2   Low Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a low density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To provide for housing that is compatible with the existing environmental and built character of Ku-ring-gai.

2 Permitted without consent

Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Boarding houses; Building identification signs, Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Exhibition homes; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hospitals; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Tank-based aquaculture

4 Prohibited

Any development not specified in item 2 or 3

Zone R3   Medium Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a medium density residential environment.

•  To provide a variety of housing types within a medium density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To provide a transition between low density residential housing and higher density forms of development.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Exhibition homes; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Respite day care centres; Roads; Seniors housing; Shop top housing; Tank-based aquaculture

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone R4   High Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a high density residential environment.

•  To provide a variety of housing types within a high density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To provide for high density residential housing close to public transport, services and employment opportunities.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs, Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Exhibition homes; Flood mitigation works; Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Shop top housing

4 Prohibited

Pond-based aquaculture; Tank-based aquaculture; Any other development not specified in item 2 or 3

Zone R5   Large Lot Residential

1 Objectives of zone

•  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

•  To minimise conflict between land uses within this zone and land uses within adjoining zones.

•  To minimise direct and indirect risks to life, property and the environment from bushfire events.

2 Permitted without consent

Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Bee keeping; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Horticulture; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Tank-based aquaculture; Water recycling facilities; Water supply systems

4 Prohibited

Water treatment facilities; Any other development not specified in item 2 or 3

Zone B1   Neighbourhood Centre

1 Objectives of zone

•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

2 Permitted without consent

Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Health consulting rooms; Home-based child care; Light industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Shop top housing; Tank-based aquaculture; Water reticulation systems; 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; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Plant nurseries; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Sewage treatment plants; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; 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 provide for residential housing close to public transport, services and employment opportunities.

•  To encourage mixed use buildings that effectively integrate suitable commercial, permitted residential development and other development.

2 Permitted without consent

Home occupations

3 Permitted with consent

Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Group homes (permanent); Hostels; Home-based child care; Information and education facilities; Light industries; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Water reticulation systems; 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; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Farm buildings; Freight transport facilities; Helipads; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Plant nurseries; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Storage premises; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone B4   Mixed Use

1 Objectives of zone

•  To provide a mixture of compatible land uses.

•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

2 Permitted without consent

Nil

3 Permitted with consent

Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone B7   Business Park

1 Objectives of zone

•  To provide a range of office and light industrial uses.

•  To encourage employment opportunities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

2 Permitted without consent

Nil

3 Permitted with consent

Business premises; Centre-based child care facilities; Food and drink premises; Garden centres; General industries; Hardware and building supplies; Hotel or motel accommodation; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Tank-based aquaculture; Warehouse or distribution centres; Water reticulation systems; 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 launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sewage treatment plants; Tourist and visitor accommodation; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone SP1   Special Activities

1 Objectives of zone

•  To provide for special land uses that are not provided for in other zones.

•  To provide for sites with special natural characteristics that are not provided for in other zones.

•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2 Permitted without consent

Nil

3 Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4 Prohibited

Any development not specified in item 2 or 3

Zone SP2   Infrastructure

1 Objectives of zone

•  To provide for infrastructure and related uses.

•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2 Permitted without consent

Nil

3 Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Environmental protection works; Flood mitigation works; Recreation areas; Roads

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 protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

2 Permitted without consent

Environmental facilities; Environmental protection works; Roads

3 Permitted with consent

Animal boarding or training establishments; Aquaculture; Bee keeping; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Flood mitigation works; Food and drink premises; Forestry; Information and education facilities; Kiosks; Markets; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roadside stalls; Signage; Water recycling facilities; Water supply systems

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

Aquaculture; Bee keeping; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Forestry; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Water recycling facilities; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone E1   National Parks and Nature Reserves

1 Objectives of zone

•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

•  To enable uses authorised under the National Parks and Wildlife Act 1974.

•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2 Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3 Permitted with consent

Nil

4 Prohibited

Any development not specified in item 2 or 3

Zone E2   Environmental Conservation

1 Objectives of zone

•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Environmental facilities; Flood mitigation works; Oyster aquaculture Roads; Water storage facilities

4 Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone E3   Environmental Management

Note—

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 may apply to land within this zone.

1 Objectives of zone

•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

•  To provide for a limited range of development that does not have an adverse effect on those values.

2 Permitted without consent

Environmental protection works; Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Community facilities; Dwelling houses; Environmental facilities; Flood mitigation works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Tank-based aquaculture

4 Prohibited

Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone E4   Environmental Living

1 Objectives of zone

•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

•  To ensure that residential development does not have an adverse effect on those values.

•  To ensure development does not result in further fragmentation of ecological communities, biodiversity corridors or other significant vegetation or habitat.

•  To minimise direct and indirect risks to life, property and the environment from bushfire events.

•  To ensure that development in this zone on land that adjoins land in Zone E1 National Parks and Nature Reserves or Zone E2 Environmental Conservation is compatible with the objectives of those zones.

•  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; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture

4 Prohibited

Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1   Natural Waterways

1 Objectives of zone

•  To protect the ecological and scenic values of natural waterways.

•  To prevent development that would have an adverse effect on the natural values of waterways in this zone.

•  To provide for sustainable fishing industries and recreational fishing.

•  To prevent development that would have an adverse effect on the recreational enjoyment of the natural environment.

•  To ensure that development maintains and enhances the health of waterways.

2 Permitted without consent

Nil

3 Permitted with consent

Aquaculture; Environmental facilities; Environmental protection works

4 Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3 Exempt and complying development

3.1 Exempt development

(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, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Part 5A of the Local Land Services Act 2013.

(6)  A heading to an item in Schedule 2 is part of that Schedule.

3.2 Complying development

(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,

(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

(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 Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this clause are as follows—

(a)  to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls and minimise risk to life and property from environmental hazards, including bush fires,

(b)  to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features including heritage items, remnant vegetation, habitat and waterways, and provide for generous landscaping to support the amenity of adjoining properties and the desired character of the area,

(c)  to ensure that subdivision of low density residential sites reflects and reinforces the predominant subdivision pattern of the area.

(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.

(3A)  Development consent must not be granted for the subdivision of land in any of the following zones unless the subdivision would result in each lot, other than a battle-axe lot, having a width of a least 18 metres along a line that is 12 metres from the street frontage of the lot—

(a)  Zone R2 Low Density Residential,

(b)  Zone E3 Environmental Management,

(c)  Zone E4 Environmental Living.

(3B)  Development consent must not be granted for the subdivision of land in any of the following zones unless the subdivision would result in each lot created having a width and depth of at least 24 metres—

(a)  Zone R3 Medium Density Residential,

(b)  Zone R4 High Density Residential.

(3C)  Despite subclauses (3), (3A) and (3B), if the erection of a dual occupancy (detached) is permissible on a lot under Schedule 1, development consent may be granted for the subdivision (after the dual occupancy (detached) has been erected) of that lot if—

(a)  each resulting lot would have an area of at least 550 square metres, and

(b)  each resulting lot would contain one of the dwellings.

(4)  This clause does not apply in relation to the subdivision of any land—

(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

(b)  by any kind of subdivision under the Community Land Development Act 1989.

(4A)  If a lot is a battle-axe lot, the area of its access handle is not to be included in calculating the size of the lot.

(4B)  In this clause—

battle-axe lot means a lot with an access handle.

4.1AA Minimum subdivision lot size for community title schemes

(1)  The objectives of this clause are as follows—

(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—

(a)  Zone R2 Low Density Residential,

(b)  Zone E3 Environmental Management,

(c)  Zone E4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause applies despite clause 4.1.

4.2 Rural subdivision

[Not applicable]

4.3 Height of buildings

(1)  The objectives of this clause are as follows—

(a)  to ensure that the height of buildings is appropriate for the scale of the different centres within the hierarchy of Ku-ring-gai centres,

(b)  to establish a transition in scale between the centres and the adjoining lower density residential and open space zones to protect local amenity,

(c)  to enable development with a built form that is compatible with the size of the land to be developed.

(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)  Despite subclause (2), the height of a building on land in Zone R4 High Density Residential where the site area is within a range specified in Column 1 of the table to this subclause must not exceed the height specified opposite in Column 2 of the table.

Column 1	Column 2
1,800 square metres or less	11.5 metres
More than 1,800 square metres but less than 2,400 square metres	14.5 metres

4.4 Floor space ratio

(1)  The objectives of this clause are as follows—

(a)  to enable development with a built form and density that is compatible with the size of the land to be developed, its environmental constraints and its contextual relationship,

(b)  to provide for floor space ratios compatible with a range of uses.

(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.

(2A)  Despite subclause (2), the floor space ratio for a building on land in Zone R2 Low Density Residential where the site area is within a specified range in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table.

Column 1	Column 2
More than 1,700 square metres	0.3:1
More than 1,000 square metres but not more than 1,700 square metres	((170 + (0.2 × site area)) / site area):1
More than 800 square metres but not more than 1,000 square metres	((120 + (0.25 × site area)) / site area):1
800 square metres or less	0.4:1

(2B)  Despite subclause (2A), if a dual occupancy (detached) is permissible on the land, the floor space ratio for the dual occupancy (detached) must not exceed 0.4:1.

(2C)  Despite subclause (2), the floor space ratio for a building on land in Zone R4 High Density Residential where the site area is within a specified range in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table.

Column 1	Column 2
More than 1,800 square metres but not more than 2,400 square metres	1.0:1
1,800 square metres or less	0.8:1

(2D)  Despite subclause (2), the floor space ratio for a building on land in Zone E4 Environmental Living where the site area is within a specified range in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table.

Column 1	Column 2
More than 1,500 square metres	((250 + (0.15 × site area)) / site area):1
More than 1,000 square metres but not more than 1,500 square metres	((170 + (0.20 × site area)) / site area):1
More than 800 square metres but not more than 1,000 square metres	((120 + (0.25 × site area)) / site area):1
800 square metres or less	0.4:1

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 Planning Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Planning Secretary 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 Planning Secretary 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 3.15 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 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Transport for NSW
Zone SP2 Infrastructure and marked “Local road”	Council
Zone E1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Regional open space”	The corporation constituted under section 8 of the Act

(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 and certain Crown land). 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 Land Management Act 2016).

Note—

In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3 Development near zone boundaries

(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 15 metres.

(3)  This clause does not apply to—

(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or

(ab)  land in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B4 Mixed Use, Zone B7 Business Park, Zone RE2 Private Recreation or Zone E4 Environmental Living, or

(b)  land within the coastal zone, or

(c)  land proposed to be developed for the purpose of sex services or restricted premises.

(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  This clause does not prescribe a development standard that may be varied under this Plan.

5.4 Controls relating to miscellaneous permissible uses

(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

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 70 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)  20% 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 10 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.

(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 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 on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, 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)  25% of the total floor area of the principal dwelling.

(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—

(a)  20% of the gross floor area of the industry, or

(b)  400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.75 [1] [2].

5.5 Controls relating to secondary dwellings on land in a rural zone

[Not adopted]

5.6 Architectural roof features

[Not adopted]

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, 5.9AA (Repealed)

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 Ku-ring-gai,

(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]

5.14 Siding Spring Observatory—maintaining dark sky

[Not adopted]

5.15 Defence communications facility

[Not adopted]

5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones

[Not applicable]

5.17 Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations

[Not applicable]

5.18 Intensive livestock agriculture

[Not applicable]

5.19 Pond-based, tank-based and oyster aquaculture

(1) Objectives The objectives of this clause are as follows—

(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,

(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.

(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—

(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,

(b)  in the case of—

(i)  pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and

(ii)  pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and

(iii)  tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and

(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.

(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.

(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—

(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and

(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.

(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—

(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and

(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.

(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—

(a)  on land that is wholly within a priority oyster aquaculture area, or

(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.

(7) Definitions In this clause—

aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.

extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.

NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).

priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.

5.20 Standards that cannot be used to refuse consent—playing and performing music

(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a)  the playing or performance of music, including the following—

(i)  the genre of music played or performed, or

(ii)  whether the music played or performed is live or amplified, or

(iii)  whether the music played or performed is original music, or

(iv)  the number of musicians or live entertainment acts playing or performing, or

(v)  the type of instruments played,

(b)  whether dancing occurs,

(c)  the presence or use of a dance floor or another area ordinarily used for dancing,

(d)  the direction in which a stage for players or performers faces,

(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)  In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

Part 6 Additional local provisions

6.1 Acid sulfate soils

(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

(2)  Development consent is required for the carrying out of works described in the table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.

Class of land	Works
1	Any works.
2	Works below the natural ground surface. Works by which the watertable is likely to be lowered.
3	Works more than 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4	Works more than 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5	Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.

(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—

(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and

(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—

(a)  emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,

(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),

(c)  minor work, being work that costs less than $20,000 (other than drainage work).

(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—

(a)  the works involve the disturbance of less than 1 tonne of soil, and

(b)  the works are not likely to lower the watertable.

6.2 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, 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)  In deciding whether to grant 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, 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.

6.3 Biodiversity protection

(1)  The objective of this clause is to protect, maintain and improve the diversity and condition of native vegetation and habitat, including—

(a)  protecting biological diversity of native fauna and flora, and

(b)  protecting the ecological processes necessary for their continued existence, and

(c)  encouraging the recovery of threatened species, communities, populations and their habitats, and

(d)  protecting, restoring and enhancing biodiversity corridors.

(2)  This clause applies to land identified as “Biodiversity” on the Terrestrial Biodiversity Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—

(a)  the impact of the proposed development on the following—

(i)  any native vegetation community,

(ii)  the habitat of any threatened species, population or ecological community,

(iii)  any regionally significant species of plant, animal or habitat,

(iv)  any biodiversity corridor,

(v)  any wetland,

(vi)  the biodiversity values within any reserve,

(vii)  the stability of the land, and

(b)  any proposed measure to be undertaken to ameliorate any potential adverse environmental impact, and

(c)  any opportunity to restore or enhance remnant vegetation, habitat and biodiversity corridors.

(4)  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 consistent with the objectives of this clause, and

(b)  is designed, and will be sited and managed, to avoid any potentially adverse environmental impact or, if a potentially adverse environmental impact cannot be avoided—

(i)  the development minimises disturbance and adverse impacts on remnant vegetation communities, habitat and threatened species and populations, and

(ii)  measures have been considered to maintain native vegetation and habitat in parcels of a size, condition and configuration that will facilitate biodiversity protection and native flora and fauna movement through biodiversity corridors, and

(iii)  the development avoids clearing steep slopes and facilitates the stability of the land, and

(iv)  measures have been considered to achieve no net loss of significant vegetation or habitat.

(5)  In this clause—

biodiversity corridor means an area that facilitates the connection and maintenance of native fauna and flora habitats and, within the urban landscape, includes areas that may be broken by roads and other urban elements and may include remnant trees and associated native and exotic vegetation.

6.4 Riparian land and adjoining waterways

(1)  The objectives of this clause are as follows—

(a)  to protect or improve—

(i)  water quality within waterways, and

(ii)  the stability of the bed and banks of waterways, and

(iii)  aquatic and riparian species, communities, populations and habitats, and

(iv)  ecological processes within waterways and riparian lands, and

(v)  scenic and cultural heritage values of waterways and riparian lands,

(b)  where practicable, to provide for the rehabilitation of existing piped or channelised waterways to a near natural state.

(2)  This clause applies to land identified on the Riparian Lands and Watercourses Map as—

(a)  “Riparian Land Category 1”, or

(b)  “Riparian Land Category 2”, or

(c)  “Riparian Land Category 3”, or

(d)  “Riparian Land Category 3a”.

Note—

Some development types within 40 metres of this land will still require referral to the NSW Office of Water as integrated development.

(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—

(a)  whether the development is likely to have an adverse impact on the following—

(i)  the water quality in any waterway,

(ii)  the natural flow regime, including groundwater flows to any waterway,

(iii)  aquatic and riparian species, populations, communities, habitats and ecosystems,

(iv)  the stability of the bed, shore and banks of any waterway,

(v)  the free passage of native aquatic and terrestrial organisms within or along any waterway and riparian land,

(vi)  public access to, and use of, any public waterway and its foreshores,

(b)  any opportunities for rehabilitation or re-creation of any waterway and its riparian areas,

(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  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 consistent with the objectives of this clause, and

(b)  integrates riparian, stormwater and flooding measures, and

(c)  is designed, sited and will be managed to avoid any potential adverse environmental impacts, and

(d)  if a potential adverse environmental impact cannot be avoided by adopting feasible alternatives—the development minimises or mitigates any such impact to a satisfactory extent.

6.5 Stormwater and water sensitive urban design

(1)  The objective of this clause is to avoid or minimise the adverse impacts of urban stormwater on the land on which development is to be carried out, adjoining properties, native bushland, waterways and groundwater systems.

(2)  Before granting development consent to development on any land to which this Plan applies, the consent authority must be satisfied that—

(a)  water sensitive urban design principles are incorporated into the design of the development, and

(b)  riparian, stormwater and flooding measures are integrated, and

(c)  the stormwater management system includes all reasonable management actions to avoid any adverse impacts on the land to which the development is to be carried out, adjoining properties, native bushland, waterways and groundwater systems, and

(d)  if a potential adverse environmental impact cannot be feasibly avoided, the development minimises and mitigates the adverse impacts of stormwater runoff on adjoining properties, native bushland, waterways and groundwater systems.

(3)  For the purposes of subclause (2)(a), the water sensitive urban design principles are—

(a)  protection and enhancement of water quality, by improving the quality of stormwater runoff from urban catchments,

(b)  minimisation of harmful impacts of urban development on water balance and on surface and groundwater flow regimes,

(c)  integration of stormwater management systems into the landscape in a manner that provides multiple benefits, including water quality protection, stormwater retention and detention, public open space, and recreational and visual amenity,

(d)  retention, where practical, of on-site stormwater for use as an alternative supply to mains water, groundwater or river water.

6.6 Requirements for multi dwelling housing and residential flat buildings

(1)  The objectives of this clause are—

(a)  to provide site requirements for development for the purposes of multi dwelling housing and residential flat buildings so as to provide for the orderly and economic development of residential land while maintaining the local character, and

(b)  to ensure that lot sizes and dimensions of medium and high density residential sites allow for generous landscaped areas and setbacks to ensure the amenity of adjoining properties and to support the desired future character of these areas.

(2)  Despite any other provision of this Plan, development consent must not be granted for the erection of multi dwelling housing or a residential flat building on a lot in a residential zone unless the lot has an area of at least 1,200 square metres and minimum dimensions (width and depth) of at least—

(a)  if the area of the land is less than 1,800 square metres—24 metres, or

(b)  if the area of the land is 1,800 square metres or more—30 metres.

6.7 Active street frontages in certain business zones

(1)  The objective of this clause is to promote uses that attract pedestrian traffic along ground floor street frontages in certain business zones.

(2)  This clause applies to land in the following business zones—

(a)  Zone B1 Neighbourhood Centre,

(b)  Zone B2 Local Centre.

(3)  Development consent must not be granted for the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that after its erection or change of use the ground floor of the building—

(a)  will not be used for the purposes of residential accommodation or a car park or to provide ancillary car parking spaces, and

(b)  will consist of design elements that encourage interaction and flow between the inside of the building and the external public areas of the building, and

(c)  will be used for purposes that encourage the movement and flow of people between the internal and the external public areas of the building.

(4)  Subclause (3)(b) does not apply to any part of the building that—

(a)  faces a service lane and the consent authority is satisfied does not require active street frontages, or

(b)  is used for 1 or more of the following purposes—

(i)  a lobby for a commercial, residential, serviced apartment or hotel component of the building,

(ii)  access for fire services,

(iii)  vehicular access.

6.8 Minimum street frontages for lots in Zone B2

(1)  The objectives of this clause are as follows—

(a)  to ensure that, visually, buildings have an appropriate overall horizontal proportion compared to their vertical proportions,

(b)  to ensure that vehicular access to lots is reasonably spaced and separated along roads and lanes,

(c)  to provide appropriate dimensions for the design of car parking levels.

(2)  Development consent must not be granted for the erection of a building on land in Zone B2 Local Centre if the land will not have a primary street frontage of at least 20 metres.

(3)  Despite subclause (2), the consent authority may grant consent to the erection of a building on land in Zone B2 Local Centre if the consent authority is satisfied that—

(a)  because of the physical constraints of the land or adjoining land, it is not possible for the building to be erected on land with a primary street frontage of at least 20 metres, and

(b)  the development is otherwise consistent with the aims and objectives of this Plan.

(4)  Nothing in this clause restricts the operation of clause 4.6.

6.9 Development in Zone B1

(1)  The objective of this clause is to maintain the commercial hierarchy of Ku-ring-gai by encouraging retail development of an appropriate scale within neighbourhood centres.

(2)  Development consent must not be granted to development for the purposes of commercial premises on land in Zone B1 Neighbourhood Centre if the development would result in the premises having a gross floor area of more than 1,000 square metres.

(3)  In deciding whether to grant development consent referred to in subclause (2) to development for the purposes of commercial premises having a gross floor area of 500 square metres or more, in either one separate tenancy or any number of tenancies, the consent authority must consider the economic impact of the development.

(4)  Subclauses (2) and (3) do not apply to any development undertaken in a building that existed immediately before the commencement of this Plan.

6.10 Crimson Hill Residential Development, Lindfield

(1)  This clause applies to land identified as “Crimson Hill” on the Key Sites Map.

(2)  Development consent must not be granted for development for the purposes of retail premises on land to which this clause applies if the development would result in retail premises having a gross floor area of more than 80 square metres.

(3)  Development consent must not granted for the erection of a dwelling on land to which this clause applies if the number of dwellings on all of that land would exceed 345.

6.11 Wahroonga Estate, Fox Valley Road, Wahroonga

Development consent must not granted for the erection of a dwelling on land identified as “Wahroonga Estate” on the Key Sites Map if the number of dwellings on all of that land would exceed 500.

6.12 Location of 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 sex services premises, specified land uses and places regularly frequented by children.

(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—

(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—

(i)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or

(ii)  used for the purposes of a centre-based child care facility, a community facility, a railway station, a school or a place of public worship,

(b)  the impact of the proposed development and its hours of operation 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.

(3)  If the sex services premises are proposed to be located in a building that contains one or more dwellings, development consent must not be granted to development for the purpose of sex services premises unless the sex services premises can only be accessed by a separate street entrance that does not provide access to the rest of the building.

cl 6.12: Am 2017 (493), Sch 1.2 [1].

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of certain land at 16 Elva Avenue, Gordon

(1)  This clause applies to land at 16 Elva Avenue, Gordon, being Lot 8, DP 11885.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

2 Use of certain land at 18 Elva Avenue, Gordon

(1)  This clause applies to land at 18 Elva Avenue, Gordon, being Lot 1, DP 166199.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

3 Use of certain land at 8 Highlands Avenue, Gordon

(1)  This clause applies to land at 8 Highlands Avenue, Gordon, being Lot A, DP 366349.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

4 Use of certain land at 9 Highlands Avenue, Gordon

(1)  This clause applies to land at 9 Highlands Avenue, Gordon, being Lot 12, DP 523433.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

5 Use of certain land at 24 Park Avenue, Gordon

(1)  This clause applies to land at 24 Park Avenue, Gordon, being Lot 192, DP 107056.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

6 Use of certain land at 14 Vale Street, Gordon

(1)  This clause applies to land at 14 Vale Street, Gordon, being Lot A, DP 313951.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

7 Use of certain land at 6A Buckingham Road, Killara

(1)  This clause applies to land at 6A Buckingham Road, Killara, being Lots 3 and 4, DP 414101.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

8 Use of certain land at 8 Buckingham Road, Killara

(1)  This clause applies to land at 8 Buckingham Road, Killara, being Lot 1, DP 4141012.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

9 Use of certain land at 21 Buckingham Road, Killara

(1)  This clause applies to land at 8 Buckingham Road, Killara, being Lot 1, DP 125640.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

10 Use of certain land at 20–28 Culworth Avenue and 17 Marian Street, Killara

(1)  This clause applies to land at 20–28 Culworth Avenue and 17 Marian Street, Killara, being Lots 1–3, DP 119937, Lot 6, Section 1, DP 3694 and Lot 2, DP 932235.

(2)  Development for the purpose of car parking is permitted with development consent.

11 Use of certain land at 31 Karranga Avenue, Killara

(1)  This clause applies to land at 31 Karranga Avenue, Killara, being Lot 1, DP 233232.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

12 Use of certain land at 38 Karranga Avenue, Killara

(1)  This clause applies to land at 38 Karranga Avenue, Killara, being Lot 8, DP 666962.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

13 Use of certain land at 2 Lynwood Avenue, Killara

(1)  This clause applies to land at 2 Lynwood Avenue, Killara, being Part Lot 14, DP 7363.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

14 Use of certain land at 20 Stanhope Road, Killara

(1)  This clause applies to land at 20 Stanhope Road, Killara, being Lot 1, DP 726066.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

15 Use of certain land at 21 Highfield Road, Lindfield

(1)  This clause applies to land at 21 Highfield Road, Lindfield, being Lot 2, DP 309598.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

16 Use of certain land at 25 Highfield Road, Lindfield

(1)  This clause applies to land at 25 Highfield Road, Lindfield, being Lot A, DP 376477.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

17 Use of certain land at 31 Highfield Road, Lindfield

(1)  This clause applies to land at 31 Highfield Road, Lindfield, being Lot 1, DP 104200.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

18 Use of certain land at 16 Provincial Road, Lindfield

(1)  This clause applies to land at 16 Provincial Road, Lindfield, being Lot 1, DP 319129.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

19 Use of certain land at 21 Provincial Road, Lindfield

(1)  This clause applies to land at 21 Provincial Road, Lindfield, being Lot 1, DP 970838.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

20 Use of certain land at 36 Provincial Road, Lindfield

(1)  This clause applies to land at 36 Provincial Road, Lindfield, being Lot 3, DP 308817.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

21 Use of certain land at 12 Alma Street, Pymble

(1)  This clause applies to land at 12 Alma Street, Pymble, being Lot 4, DP 13280.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

22 Use of certain land at 8 Church Street, Pymble

(1)  This clause applies to land at 8 Church Street, Pymble, being Lot 1, DP 401840.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

23 Use of certain land at 33 Grandview Street, Pymble

(1)  This clause applies to land at 33 Grandview Street, Pymble, being Lot 2, DP 228015.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

24 Use of certain land at 16 Merrivale Road, Pymble

(1)  This clause applies to land at 16 Merrivale Road, Pymble, being Lot 22, DP 7321.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

25 Use of certain land at 2 Royston Close, Pymble

(1)  This clause applies to land at 2 Royston Close, Pymble, being Lot 6, DP 238142.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

26 Use of certain land at 17 Ortona Avenue, Roseville

(1)  This clause applies to land at 17 Ortona Avenue, Roseville, being Lot 1, DP 974513.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

27 Use of certain land at 15 Brentwood Avenue, Turramurra

(1)  This clause applies to land at 15 Brentwood Avenue, Turramurra, being Lot 2, DP 311400.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

28 Use of certain land at 1 Jersey Street, Turramurra

(1)  This clause applies to land at 1 Jersey Street Turramurra, being Lot 2, Section 1, DP 3895.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

29 Use of certain land at 2 Ku-ring-gai Avenue, Turramurra

(1)  This clause applies to land at 2 Ku-ring-gai Avenue, Turramurra, being Lot 421, DP 556058.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

30 Use of certain land at 18 Ada Avenue, Wahroonga

(1)  This clause applies to land at 18 Ada Avenue, Wahroonga, being Lot 2, DP 538577.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

31 Use of certain land at 12 Burns Road, Wahroonga

(1)  This clause applies to land at 12 Burns Road, Wahroonga, being Lot B, DP 965438.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

32 Use of certain land at 2 Cleveland Street, Wahroonga

(1)  This clause applies to land at 2 Cleveland Street, Wahroonga, being Lot 3, DP 732161.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

33 Use of certain land at 4 Cleveland Street, Wahroonga

(1)  This clause applies to land at 4 Cleveland Street, Wahroonga, being Lot 1, DP 786729.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

34 Use of certain land at 4a Cleveland Street, Wahroonga

(1)  This clause applies to land at 4a Cleveland Street, Wahroonga, being Lot 21, DP 842525.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

35 Use of certain land at 79 Coonanbarra Avenue, Wahroonga

(1)  This clause applies to land at 79 Coonanbarra Avenue, Wahroonga, being Lot 4, DP 4239.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

36 Use of certain land at 12 Eulbertie Avenue, Wahroonga

(1)  This clause applies to land at 12 Eulbertie Avenue, Wahroonga, being Lot 1, DP 362318.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

37 Use of certain land at 17 Eulbertie Avenue, Wahroonga

(1)  This clause applies to land at 17 Eulbertie Avenue, Wahroonga, being Lot 2, Section 1, DP 3895.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

38 Use of certain land at 28 Fox Valley Road, Wahroonga

(1)  This clause applies to land at 28 Fox Valley Road, Wahroonga, being Lot A, DP 960501.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

39 Use of certain land at 28 Gilda Avenue, Wahroonga

(1)  This clause applies to land at 28 Gilda Avenue, Wahroonga, being Lot A, DP 355105.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

40 Use of certain land at 10 Munderah Street, Wahroonga

(1)  This clause applies to land at 10 Munderah Street, Wahroonga, being Lot 1, DP 216542.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

41 Use of certain land at 1550 Pacific Highway, Wahroonga

(1)  This clause applies to land at 1550 Pacific Highway, Wahroonga, being Lots 1 and 2, DP 9991.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

42 Use of certain land at 1 Sutherland Avenue, Wahroonga

(1)  This clause applies to land at 1 Sutherland Avenue, Wahroonga, being Lot A, DP 387838.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

43 Use of certain land at 1 Water Street, Wahroonga

(1)  This clause applies to land at 1 Water Street, Wahroonga, being Lot 1, DP 726124.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

44 Use of certain land at Wahroonga Estate, Fox Valley Road, Wahroonga

(1)  This clause applies to land identified as “Wahroonga Estate” on the Key Sites Map, being land at Fox Valley Road, Wahroonga.

(2)  Development for the following purposes is permitted with development consent on land to which this clause applies in Zone R2 Low Density Residential—

(a)  dual occupancy (attached or detached),

(b)  signage.

(3)  Development for the following purposes is permitted with development consent on land to which this clause applies in Zone R3 Medium Density Residential—

(a)  dual occupancy (attached or detached),

(b)  secondary dwellings,

(c)  semi detached dwellings.

(4)  Development for the following purposes is permitted with development consent on land to which this clause applies in Zone R4 High Density Residential.

(a)  group homes,

(b)  serviced apartments.

45 Use of certain land at 25 Bangalla Street Warrawee

(1)  This clause applies to land at 25 Bangalla Street, Warrawee, being Lot 7, DP 18087.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

46 Use of certain land at 40 Bangalla Street, Warrawee

(1)  This clause applies to land at 40 Bangalla Street, Warrawee, being Lot B, DP 392481.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

47 Use of certain land at 18 Chilton Parade, Warrawee

(1)  This clause applies to land at 18 Chilton Parade, Warrawee, being Lot 4, DP 18087.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

48 Use of certain land at A2 Heydon Avenue, Warrawee

(1)  This clause applies to land at A2 Heydon Avenue, Warrawee, being Lot 2, DP 220163.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

49 Use of certain land at 15 Warrawee Avenue, Warrawee

(1)  This clause applies to land at 15 Warrawee Avenue, Warrawee, being Lot A, DP 382512 and Lot 1, DP 396923.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

50 Use of certain land at 1 Yosefa Avenue, Warrawee

(1)  This clause applies to land at 1 Yosefa Avenue, Warrawee, being Lot 2, DP 575462.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

51 Use of certain land at 2 Yosefa Avenue, Warrawee

(1)  This clause applies to land at 2 Yosefa Avenue, Warrawee, being Lot 1, DP 13062.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

52 Use of certain land at 109 Bobbin Head Road, Turramurra

(1)  This clause applies to land at 109 Bobbin Head Road, Turramurra, being Lot 17, DP 19963.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

53 Use of certain land at 28 Clissold Road, Wahroonga

(1)  This clause applies to land at 28 Clissold Road, Wahroonga, being Lot 2, DP 210124.

(2)  Development for the purpose of a dual occupancy (detached) is permitted with development consent.

54 Use of certain land at 20 Kanowar Avenue, East Killara

(1)  This clause applies to land at 20 Kanowar Avenue, East Killara, being Lot 100, DP 1176072.

(2)  Development for the purpose of a dwelling house is permitted with development consent.

55 Use of certain land at 556 Pacific Highway, Killara

(1)  This clause applies to land at 556 Pacific Highway, Killara, known as the Killara Golf Club, being part of Lot 2, DP 535219 as shown as “Area 1” on the Additional Permitted Uses Map.

(2)  Development for the purposes of a golf clubhouse and associated parking is permitted with development consent on land to which this clause applies.

sch 1: Am 2015 (679), cl 4; 2018 (12), Sch 1 [1]; 2019 (376), Sch 1 [1].

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.

Graves and monuments that are not heritage items

(1)  Must only be—

(a)  the creation of graves or monuments in an existing approved burial ground, or

(b)  an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.

(2)  Must not disturb human remains, relics in the form of grave goods or a place of Aboriginal heritage significance.

Lighting (external)

(1)  Must not be constructed or installed on land that comprises, or on which there is, a heritage item.

(2)  Must not be for the lighting of a tennis court or a sports field.

(3)  Must not cause glare to adjoining properties or streets.

Special events (including markets)

(1)  If held by or on behalf of the Council or on land owned or managed by the Council, must be in accordance with a permit issued by the Council.

(2)  If held on private land by the owner or occupier of that land—

(a)  must be a social, family, corporate or religious event or a community function or a market, and

(b)  must be held on land that supports one of the following—

(i)  a place of public worship,

(ii)  an educational establishment,

(iii)  a hospital,

(iv)  a community facility,

(v)  a residential care facility,

(vi)  a centre-based child care facility, and

(c)  must not be held on land that is bushfire prone land, and

(d)  must take place only during the following periods—

(i)  8.00 am to 8.00 pm on Sunday, Monday, Tuesday or Wednesday,

(ii)  8.00 am to 10.00 pm on Thursday, Friday or Saturday, and

(e)  must not contravene any condition of a development consent that applies to the land on which the event is to be held, and

(f)  must not have a duration of more than 3 days over any 3 month period, and

(g)  all lighting must be directed away from adjacent residential properties, and

(h)  must not involve laser shows or bonfires, and

(i)  if any fireworks are to be used at the event, notice of that use must be given to the Council at least 7 days before the event, and

(j)  arrangements must be made for the collection and disposal of waste and recyclable materials by an authorised trade waste contractor, and

(k)  adequate provision of sanitary facilities must be made for all anticipated staff and patrons attending the event, and

(l)  if held at the Sydney Adventist Hospital, not more than 5,000 people may attend the event at any one time, and

(m)  if more than 2,500 people are expected to attend the event, a noise management plan must be given to the Council at least 7 days before the event, and

(n)  if the event will disrupt normal traffic and transport systems—

(i)  a detailed Local Traffic Management Plan must be submitted to the Council in accordance with Council’s requirements and be approved before the event, and

(ii)  the local police must be informed at least 7 days before the event and the relevant requirements of NSW Police must be met for the event, and

(iii)  at least 7 days before the event, written notice of the event must be given to all residential properties within 200m of the land on which the event is to be held to advise the time, date and type of event.

Note 1—

Events that do not involve the erection of a temporary structure, the erection of an amusement device or disruption to normal traffic and pedestrian flows and are events for which the land has been designed do not require development consent. (For example, family picnics, regular sports training or games, casual exercise and passive enjoyment of a park.)

Note 2—

The Local Government Act 1993 may also apply, including provisions relating to Plans of Management and Alcohol Free Zones.

sch 2: Am 2017 (493), Sch 1.2 [1].

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

Dwelling houses in Zone E4 Environmental Living

(1)  Must be in accordance with the Housing Code under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, other than clauses 3.9, 3.13 and 3.20 of that Policy.

(2)  Must not be located in any part of a site identified by clause 6.3 or 6.4 of this Plan.

(3)  Must not be located on land that is Class 1–4 land under clause 6.1 of this Plan.

(4) Landscaped areas Must meet the following development standards—

(a)  for every site—the landscaped area of the front setback for the dwelling house must be at least 70% of the front setback area,

(b)  for a site on the low side of a road that drains to bushland—the landscaped area for the dwelling house and any ancillary development draining to a dispersal trench system, infiltration trench system or rain garden must be at least 65% of the site area,

(c)  for any other site—the landscaped area for the dwelling house and any ancillary development must be in accordance with the following table—

Site area	Minimum landscaped area
Less than 850m2	Site area × 0.5
850m2 or greater	Site area × [0.5 + (site area – 850)/6,500]

(5)  The plans for the dwelling house must include all built elements (such as pathways) normally associated with a dwelling house.

(6) Floor space ratio The floor space ratio of the dwelling house and all ancillary development on the site must not exceed the floor space ratio determined under the table to this subclause.

Site area	Maximum floor space ratio
800m2 or less	0.4:1
More than 800m2 but not more than 1,000m2	[120 + (0.25 × site area)]/site area:1
More than 1,000m2 but not more than 1,500m2	[170 + (0.20 × site area)]/site area:1
More than 1,500m2	[250 + (0.15 × site area)]/site area:1

(7) Maximum floor area for outbuildings The floor area of an outbuilding on a lot must not be more than the following—

(a)  if the lot has an area of not more than 300m²—36m²,

(b)  if the lot has an area of more than 300m² but not more than 600m²—45m²,

(c)  if the lot has an area of more than 600m²—60m².

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 Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

sch 3: Am 2015 (650), Sch 1 [3]; 2017 (350), Sch 1.2.

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
East Lindfield	19 Hughes Place, being Lot 23, DP 28233	Nil
Lindfield	53 Bradfield Road, being Lot 1, DP 749201	Nil
Pymble	6A Peace Avenue, being Lot 2, DP 202873	Nil
Roseville Chase	97 Babbage Road, being Lot 47, DP 13444	Nil
Roseville Chase	47 Warrane Road, being Lots 33 and 34, DP 3285; Lot 3, DP 26343; Lot B, DP 403780	Nil

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description
Nil

sch 4: Am 2016 (733), cl 4; 2016 (734), cl 6.

Schedule 5 Environmental heritage

(Clause 5.10)

Part 1 Heritage items

Suburb	Item name	Address	Property description	Significance	Item no
East Killara	“Fountains”, dwelling house	9–11 Roper Place	Lot 3, DP 219349	Local	I171
East Killara	“Wharncliffe”, dwelling house	78A Springdale Road	Lot 103, DP 859921	Local	I1107
East Killara	Dwelling house	145 Springdale Road	Lot 497, DP 752031	Local	I173
East Killara	Seven Little Australians Park (being the western part of former Lindfield Park)	Tryon Road	Lot 2, DP 1134198; Lot 1, DP 611692; Lot 4, DP 449586; Lot 2, DP 399827; Lots 199 and 200, DP 752031; Part Lots 154, 155, 215, 216 and 217, DP 752031; Part Lot 7316, DP 1157421; Lot 7061, DP 93836	Local	I1100
East Killara	Lindfield Soldiers Memorial Park (being the eastern part of former Lindfield Park)	62A Tryon Road	Lot 3, DP 182465; Lot 156, DP 752031; Part Lots 154,155 and 159, DP 752031; Part Lot 1, DP 1180328	Local	I1099
East Lindfield	“Fred Clements House”, dwelling house	15 Damour Avenue	Lot 8, Section 41, DP 253074	Local	I174
East Lindfield	Dwelling house	23 Karoo Avenue	Lot 24, Section 9, DP 758373	Local	I175
East Lindfield	Dwelling house	20 Melbourne Road	Lot 2, DP 19248; Lot 12, DP 19382	Local	I176
East Lindfield	“Rippon Lea”, dwelling house	29 Pleasant Avenue	Lot 148, DP 552778	Local	I177
East Lindfield	“Meadow Lea”, dwelling house	22–22A Sydney Road	Lot A, DP 339432; Lots 1 and 2, DP 1149553	Local	I179
East Lindfield	“Green Leaves”, dwelling house	28 Sydney Road	Part of Lot 1, DP 19102	Local	I178
East Lindfield	Dwelling house	96 Wellington Road	Lot 2, Section 10, DP 758373	Local	I180
East Lindfield	Dwelling house	72 Woodlands Road	Lot 156, DP 9998	Local	I181
Gordon	“Birralee”, dwelling house	25 Bushlands Avenue	Lot 3, DP 578395	Local	I200
Gordon	Dwelling house	48 Bushlands Avenue	Lot 4, DP 18297	Local	I182
Gordon	Dwelling house	37 Cecil Street	Lot 1, DP 545627	Local	I185
Gordon	Dwelling house	38 Cecil Street	Lot 1, DP 220213	Local	I186
Gordon	Dwelling house	42 Cecil Street	Lot 1, DP 310515	Local	I187
Gordon	“Holly Lodge”, dwelling house	55 Cecil Street	Lot C, DP 371365	Local	I188
Gordon	Lady Gowrie Retirement Village (formerly known as Burnham Thorpe)	10 Edward Street	Lot 1, DP 624543	Local	I189
Gordon	Dwelling house	15 Edward Street	Lot 1, DP 101657	Local	I190
Gordon	Dwelling house	16 Edward Street	Lot 2, DP 235798	Local	I191
Gordon	Baptist Church and Manse	1 Garden Square	Lot 1, DP 324029	Local	I192
Gordon	Dwelling house	2 Garden Square	Lot 2, DP 525971	Local	I193
Gordon	Dwelling house	4 Garden Square	Lots 5 and 6, DP 11485	Local	I194
Gordon	“Killarney Castle”, dwelling house	3 Glenview Street	Lot 2, DP 242900	Local	I195
Gordon	Dwelling house	22 Highlands Avenue	Lot 1, DP 526883	Local	I196
Gordon	Dwelling house	36 Holford Crescent	Lot 1, DP 974823	Local	I197
Gordon	“Matong”, dwelling house	4 Matong Street	Lot X, DP 387339	Local	I198
Gordon	Dwelling house	11 Minns Road	Lot 6, Section A, DP 5596; Lot 2, DP 322060; Lot A, DP 338042; Lot 1, DP 652843	Local	I199
Gordon	Moree Street Cottage Group	42 Moree Street	Lot 11, DP 6395	Local	I201
Gordon	Moree Street Cottage Group	49 Moree Street	Lot A, DP 357966	Local	I202
Gordon	Moree Street Cottage Group	55 Moree Street	Lot 3, DP 553150	Local	I203
Gordon	Dwelling house	1 Nelson Street	Lot 1, DP 104182	Local	I204
Gordon	“Gowanlea”, dwelling house	22 Nelson Street	Lot B, DP 341407	Local	I205
Gordon	“Aberdour”, dwelling house	23 Nelson Street	Lot 6, Section 5, DP 3267	Local	I206
Gordon	“Theace”, dwelling house	24 Nelson Street	Lot 1, DP 632984	Local	I207
Gordon	“Carinya”, dwelling house	25 Nelson Street	Lot 7, Section 5, DP 3267	Local	I208
Gordon	“Trewayr”, dwelling house	28 Nelson Street	Lots 14 and 15, DP 3662	Local	I209
Gordon	“Mandalay”, house	32 Nelson Street	Lot 1, DP 200605	Local	I210
Gordon	Dwelling house	33 Nelson Street	Lot 2, DP 300968	Local	I211
Gordon	Dwelling house	35 Nelson Street	Lot 3, DP 300968	Local	I212
Gordon	Dwelling house	37 Nelson Street	Lot 1, DP 171064	Local	I213
Gordon	“Millthorn”, dwelling house	38 Nelson Street	Lot 1, DP 584186	Local	I214
Gordon	Dwelling house	41 Nelson Street	Lot 2, DP 13842	Local	I215
Gordon	Dwelling house	43 Nelson Street	Lot 4, DP 13842; Lot 1, DP 181050	Local	I216
Gordon	Dwelling house	41A Nelson Street	Lot 3, DP 13842	Local	I217
Gordon	Dwelling house	67 Onslow Lane	Lot 41, DP 17131	Local	I218
Gordon	Dwelling house	2 Ormiston Avenue	Lot 11, DP 532940	Local	I219
Gordon	Bradfield Memorial Garden	Intersection of Park Avenue and Rosedale Road	Part Road Reserve	Local	I1102
Gordon	“Annie Wyatt House”, dwelling house	26 Park Avenue	Lot 2, DP 525879	Local	I221
Gordon	Baptist Church and Manse	20–22 Park Avenue	Lot 23, DP 747780	Local	I222
Gordon	Ridge Street Cottage Group	27 Ridge Street	Lot 12, DP 703094	Local	I224
Gordon	Ridge Street Cottage Group	29 Ridge Street	Lot 11, DP 703094	Local	I225
Gordon	Ridge Street Cottage Group	33 Ridge Street	Lot X, DP 388549	Local	I226
Gordon	Ridge Street Cottage Group	41 Ridge Street	Lot C, DP 395940	Local	I227
Gordon	Ridge Street Cottage Group	43 Ridge Street	Lot A, DP 384888	Local	I228
Gordon	Ridge Street Cottage Group	45 Ridge Street	Lot C, DP 375934	Local	I229
Gordon	Ridge Street Cottage Group	52 Ridge Street	Lot A, DP 32848	Local	I230
Gordon	Ridge Street Cottage Group	57 Ridge Street	Lot 2, DP 961573	Local	I231
Gordon	Ridge Street Cottage Group	64 Ridge Street	Lot 1, DP 166157	Local	I232
Gordon	Ridge Street Cottage Group	65 Ridge Street	Lot 1, DP 881145	Local	I233
Gordon	Ridge Street Cottage Group	72 Ridge Street	Lot B, DP 306541	Local	I235
Gordon	Ridge Street Cottage Group	74 Ridge Street	Lot A, DP 328175	Local	I236
Gordon	Ridge Street Cottage Group	84 Ridge Street	Lot D, DP 963412	Local	I237
Gordon	Dwelling house	18 Rosedale Road	Lot A, DP 390075	Local	I238
Gordon	Dwelling house	35 Rosedale Road	Lot C, DP 310124	Local	I239
Gordon	Dwelling house	56 Rosedale Road	Lot C, DP 373918	Local	I240
Gordon	Dwelling house	66 Rosedale Road	Lot D, DP 390401	Local	I241
Gordon	“J. Tuck House”, dwelling house	22 Waugoola Street	Lot 109, DP 17131	Local	I243
Killara	Dwelling house	3 Arnold Street	Lot 1, DP 219788	Local	I245
Killara	“Nonnora”, duplex	7 Arnold Street	Lot 1, DP 221090	Local	I246
Killara	Dwelling house	9 Arnold Street	Lot B, DP 334995	Local	I247
Killara	Dwelling house	9A Arnold Street	Lot A, DP 334995; Lot B, DP 359137	Local	I253
Killara	St Martins Church	9B Arnold Street	Lot X, DP 383452; Lot B, DP 442714; Lot B, DP 354697; Lots 1 and 2, DP 307116	Local	I254
Killara	Dwelling house	11 Arnold Street	Lot A, DP 333636; Lot Y, DP 383452	Local	I248
Killara	Dwelling house	15 Arnold Street	Lot A, DP 442714	Local	I249
Killara	Dwelling house	37A Arnold Street	Lot 1, DP 505312	Local	I252
Killara	Dwelling house	40 Arnold Street	Lot 1, DP 663521	Local	I250
Killara	Dwelling house	46 Arnold Street	Lot B, DP 330445	Local	I251
Killara	“Southdean”, dwelling house	10 Buckingham Road	Lot 2, DP 584659	Local	I255
Killara	Dwelling house	11 Buckingham Road	Lots A and C, DP 317346	Local	I256
Killara	Dwelling house	22 Buckingham Road	Lot 2, DP 345204	Local	I257
Killara	“Sidmouth”, dwelling house	26 Buckingham Road	Lot A, DP 330946; Lot B, DP 396895	Local	I258
Killara	Dwelling house	41 Buckingham Road	Lots 5 and Lot 6, DP 456023	Local	I259
Killara	Dwelling house	1 Caithness Street	Lot 8, DP 14824	Local	I260
Killara	“Glen Brae”, dwelling house	28 Cook Road	Lot 3, DP 516966	Local	I307
Killara	Dwelling house	46 Elva Avenue	Lot A, DP 330968; Lot C, DP 332070	Local	I264
Killara	“Sunny Corner”, dwelling house	37 Fiddens Wharf Road	Lot 5, DP 10097	Local	I265
Killara	“The Meadows”, dwelling house	46 Fiddens Wharf Road	Lot 1, DP 502387	Local	I266
Killara	Dwelling house	1B Fiddens Wharf Road	Lot 2, DP 221433	Local	I267
Killara	Dwelling house	3 Garnet Street	Lot A, DP 329085	Local	I269
Killara	“Twelve Trees”, dwelling house	12 Garnet Street	Lot 5, DP 16166; Lot B, DP 333787	Local	I270
Killara	“Ainslea”, dwelling house	14 Garnet Street	Lot B, DP 339998	Local	I271
Killara	Dwelling house	10 Grassmere Road	Lot 1, DP 606654	Local	I272
Killara	Dwelling house	19 Grassmere Road	Lot 2, DP 100545; Lot A, DP 385233	Local	I273
Killara	Dwelling house	20 Greengate Road	Lot 11, DP 13657	Local	I274
Killara	Dwelling house	23 Greengate Road	Lot 37, DP 3974	Local	I275
Killara	Dwelling house	31 Greengate Road	Lot 1, DP 948381	Local	I276
Killara	Dwelling house	33 Greengate Road	Lot 2, DP 1016296	Local	I277
Killara	“Misrule”, dwelling house	36 Greengate Road	Lot 1, DP 663508	Local	I278
Killara	Dwelling house	42 Greengate Road	Lot B, DP 304805	Local	I279
Killara	Dwelling house	44 Greengate Road	Lot A, DP 304805	Local	I280
Killara	Dwelling house	46 Greengate Road	Lot 1, DP 550055	Local	I281
Killara	Dwelling house	51 Greengate Road	Lot 25, DP 3975; Lot 1, DP 924931	Local	I282
Killara	Dwelling house	55 Illeroy Avenue	Lot 1, DP 558628	Local	I283
Killara	“Harry and Penelope Seidler House”, dwelling house	13 Kalang Avenue	Lot 11, DP 580188	State	I284
Killara	Federation dwelling house	2 Karranga Avenue	Lot 1, DP 563239	Local	I285
Killara	“Tomerup”, dwelling house	21 Karranga Avenue	Lots 103 and 105, DP 1059710	Local	I286
Killara	Dwelling house	28 Karranga Avenue	Lot 2, DP 524242	Local	I287
Killara	“Roscombe”, Federation bungalow	29 Karranga Avenue	Lot 1, DP 129288	Local	I288
Killara	Dwelling house	32 Karranga Avenue	Lot 1, DP 533364	Local	I289
Killara	Dwelling house	36 Karranga Avenue	DP 965437	Local	I290
Killara	Dwelling house	3 Killara Avenue	Lot 18, DP 656378	Local	I291
Killara	Dwelling house	26 Killara Avenue	Lot A, DP 318590	Local	I292
Killara	“Goondee”, dwelling house	33 Killara Avenue	Lot 10, DP 666517	Local	I293
Killara	“Deepdene”, dwelling house	22 Kylie Avenue	Lot 1, DP 818615	Local	I294
Killara	Dwelling house	25 Kylie Avenue	Lot 2, DP 14922	Local	I295
Killara	Dwelling house	27 Kylie Avenue	Lot 1, DP 14922	Local	I296
Killara	Dwelling house	27A Kylie Avenue (corner of 25 Northcote Avenue)	Part of Lot 2, DP 311055	Local	I297
Killara	Dwelling house	5 Locksley Street	Lot 1, DP 932742; Lot 1, DP 934082; Lot 1, DP 1098790	Local	I298
Killara	Dwelling house	7 Locksley Street	Lot A, DP 380305	Local	I299
Killara	Dwelling house	19 Locksley Street	Lot 12, DP 1083606	Local	I300
Killara	Dwelling house	22 Locksley Street	Lot 1, DP 329641	Local	I301
Killara	Dwelling house	6 Lorne Avenue	Lot B, DP 335610	Local	I302
Killara	“Windermere”, dwelling house	8 Lorne Avenue	Lot A, DP 335610	Local	I303
Killara	Dwelling house	10 Lorne Avenue	Lot 4, DP 733257	Local	I304
Killara	Dwelling house	14 Lorne Avenue	Lot 2, DP 706898	Local	I305
Killara	Reservoir pump station	20 Lorne Avenue	Lot 1, DP 781659	Local	I306
Killara	“Lynwood Cottage”, dwelling house	4 Lynwood Avenue	Lot 2, DP 215021	Local	I308
Killara	Dwelling house	9 Lynwood Avenue	Lot 1, DP 317822	Local	I309
Killara	“Lynwood”, dwelling house	10 Lynwood Avenue	Lot 21, DP 595013	Local	I310
Killara	Dwelling house	11 Lynwood Avenue	Lot 19, DP 7363; Lot 18, DP 656331	Local	I311
Killara	“Brandywine”, dwelling house	19 Lynwood Avenue	Lot A, DP 326691	Local	I312
Killara	Dwelling house	21 Lynwood Avenue	Lot B, DP 326691	Local	I313
Killara	Dwelling house	23 Lynwood Avenue	Lot C, DP 326691	Local	I314
Killara	Dwelling house	28 Lynwood Avenue	Lot 1, DP 330537	Local	I315
Killara	“The Tudors”, dwelling house	29 Lynwood Avenue	Lots 2 and 3, DP 12794	Local	I316
Killara	“Karingal”, dwelling house	30 Lynwood Avenue	Lot 2, DP 330537	Local	I317
Killara	“Morningside”, dwelling house	1 Maples Avenue	Lot 7, DP 17751	Local	I319
Killara	Dorchester Flats	1 Marian Street	Part of Lots 30 and 31, DP 3263	Local	I320
Killara	Newsagent, chemist	11–15 Marian Street	Lot 3, DP 170701	Local	I328
Killara	Dwelling house	24 Marian Street	Lot 7, DP 14824	Local	I321
Killara	Dwelling house	27 Marian Street	Lot D, DP 358013	Local	I322
Killara	Dwelling house	29 Marian Street	Lot F, DP 358013	Local	I323
Killara	Dwelling house	33 Marian Street	Lot 39, DP 3263; Lot C, DP 328483	Local	I325
Killara	Dwelling house	39 Marian Street	Lot 1, DP 656075	Local	I327
Killara	Dwelling house	2 Maytone Avenue	Lot 90, DP 17647	Local	I329
Killara	Dwelling house	3 Maytone Avenue	Lot 1, DP 586413	Local	I330
Killara	Dwelling house	4 Maytone Avenue	Lot 89, DP 17647	Local	I331
Killara	Dwelling house	6 Maytone Avenue	Lot 88, DP 17647	Local	I332
Killara	“Arthur Kennedy House”, dwelling house	8 Maytone Avenue	Lot 87, DP 17647	Local	I333
Killara	Dwelling house	5 Mildura Street	Lot 3, DP 233230	Local	I334
Killara	Dwelling house	12 Montah Avenue	Lot 1, DP 815173	Local	I335
Killara	Dwelling house	19 Montah Avenue	Lot A, DP 319751	Local	I336
Killara	Dwelling house	24 Montah Avenue	Lots 532 and 820, DP 752031	Local	I337
Killara	Dwelling house	43 Norfolk Street	Lot B, DP 341339	Local	I338
Killara	Dwelling house	8 Nyora Street	Lot A, DP 392546	Local	I339
Killara	“The Oaks”, dwelling house	517 Pacific Highway	Lot B, DP 364354	Local	I340
Killara	Killara Golf Course Clubhouse including putting green, fairway and garden within the curtilage of the Clubhouse	556 Pacific Highway	Part Lot 2, DP 535219	Local	I341
Killara	Dormie House	558 Pacific Highway	Lots A and B, DP 329128	Local	I342
Killara	Greengate Hotel	655A Pacific Highway	Lot 1, DP 1127395	Local	I344
Killara	Dwelling house	3 Powell Street	Lot B, DP 342787	Local	I345
Killara	Dwelling house	4 Powell Street	Lot 1, DP 922931	Local	I346
Killara	Dwelling house	5 Powell Street	Lot B, DP 332610	Local	I347
Killara	Dwelling house	7 Powell Street	Lot A, DP 344915	Local	I348
Killara	Dwelling house	10 Powell Street	Lot 1, DP 927779	Local	I349
Killara	“Woodfield”, dwelling house	23 Powell Street	Lot 1, DP 778037	Local	I350
Killara	Dwelling house	24 Powell Street	Lot 2, DP 847660	Local	I351
Killara	“Currawinya”, dwelling house	27 Powell Street	Lot X, DP 418682	Local	I352
Killara	Dwelling house	40 Powell Street	Lot 1, DP 708839	Local	I353
Killara	Dwelling house	42 Powell Street	Lot 1, DP 67465	Local	I354
Killara	Dwelling house	46 Powell Street	Lot B, DP 350085	Local	I355
Killara	Dwelling house	21 Redgum Avenue	Lot 2, DP 13576	Local	I356
Killara	Dwelling house	23 Redgum Avenue	Lot C, DP 332616	Local	I357
Killara	“Lynton Manor”, dwelling house	27 Rosebery Road	Lot 1, DP 233695	Local	I358
Killara	Dwelling house	38 Rosebery Road	Lot 5, Section 6, DP 4064	Local	I359
Killara	Dwelling house	50 Rosebery Road	Lot 2, DP 570500	Local	I360
Killara	“Rosedene”, dwelling house	66 Rosebery Road	Lot C, DP 301167	Local	I361
Killara	Dwelling house	2 Spencer Road	Lot D, DP 333743	Local	I362
Killara	Dwelling house	12 Spencer Road	Lot 2, DP 614441	Local	I363
Killara	Dwelling house	59 Spencer Road	Lot 42, DP 6050	Local	I364
Killara	Dwelling house	1 Springdale Road	Lots A and B, DP 328781	Local	I365
Killara	Dwelling house	4 Springdale Road	Lot 4, DP 583088	Local	I366
Killara	“Eastment House”, dwelling house and interior	6 Springdale Road	Lot 1, DP 505522	Local	I1112
Killara	“Chartwell”, dwelling house	7 Springdale Road	Lot B, DP 335517	Local	I367
Killara	Dwelling house	8 Springdale Road	Lot A, DP 359137	Local	I368
Killara	Dwelling house	15 Springdale Road	Lot 6, DP 662356	Local	I369
Killara	Dwelling house	16 Springdale Road	Lot A, DP 354697	Local	I370
Killara	“Deepdene”, dwelling house	17 Springdale Road	Lot A, DP 343026; Lot 7, DP 4524	Local	I371
Killara	Dwelling house	18 Springdale Road	Lot 7, DP 663510	Local	I372
Killara	Dwelling house	24 Springdale Road	Lot 1, DP 926778	Local	I373
Killara	“Yilleen”, dwelling house	28 Springdale Road	Lot 10, DP 664674	Local	I374
Killara	“Holland House”, dwelling house	30 Springdale Road	Lot 1, DP 312698	Local	I375
Killara	“Yoorooga”, dwelling house	45 Springdale Road	Lot 1, DP 201178	Local	I376
Killara	Dwelling house	48 Springdale Road	Lot B, DP 394266	Local	I377
Killara	“Lange”, dwelling house	49 Springdale Road	Lots 1 and 2, DP 978592	Local	I378
Killara	Dwelling house	56 Springdale Road	Lot 1, DP 849136	Local	I379
Killara	“Fairlands”, dwelling house	65 Springdale Road	Lot A, DP 401076	Local	I380
Killara	Dwelling house	66 Springdale Road	Lot 31, DP 568074	Local	I381
Killara	Dwelling house	2 Stanhope Road	Lots A and B, DP 339143	Local	I382
Killara	Dwelling house	3 Stanhope Road	Lot 1, DP 923933	Local	I383
Killara	Dwelling house	4 Stanhope Road	Lot A, DP 334780	Local	I384
Killara	“Rydal Mount”, dwelling house	5 Stanhope Road	Lot 1, DP 302127	Local	I385
Killara	Dwelling house	6 Stanhope Road	Lot B, DP 336488	Local	I386
Killara	Dwelling house	7 Stanhope Road	Lot 2, DP 302127	Local	I387
Killara	Dwelling house	12 Stanhope Road	Lot C, DP 326483	Local	I388
Killara	Dwelling house	18 Stanhope Road	Lot C, DP 325918	Local	I389
Killara	“Delville”, dwelling house	21 Stanhope Road	Lot A, DP 373231	Local	I390
Killara	Dwelling house	23 Stanhope Road	Lot 426, DP 664889	Local	I391
Killara	Dwelling house	25 Stanhope Road	Lot 1, DP 332902	Local	I392
Killara	“Mooralbeck”, dwelling house	29 Stanhope Road	Lot 1, DP 662493	Local	I393
Killara	Dwelling house	39 Stanhope Road	Lot 1, DP 551876	Local	I394
Killara	Dwelling house	44 Stanhope Road	Lot 8, DP 4524	Local	I395
Killara	Dwelling house	47 Stanhope Road	Lot 2, DP 556482	Local	I396
Killara	Dwelling house	50 Stanhope Road	Lot B, DP 329085	Local	I397
Killara	Dwelling house	66 Stanhope Road	Lot A, DP 343523	Local	I398
Killara	Dwelling house	43A Stanhope Road	Lot A, DP 392132	Local	I399
Killara	Dwelling house	53A Stanhope Road	Lot 2, DP 314857	Local	I400
Killara	Swain Gardens	77–77A Stanhope Road	Lot A, DP 386850; Lot 12, DP 601545	Local	I1103
Killara	Dwelling house	19 Warwick Street	Lots 10, 11 and 12, DP 10906	Local	I402
Killara	“Ballernoo”, dwelling house	26 Wattle Street	Lot 1, DP 539742	Local	I403
Killara	“Ballernoo”, dwelling house	26A Wattle Street	Lot 2, DP 539742	Local	I404
Killara	Killara Railway Station Group	Werona Avenue	Part of Lot 10, DP 1169339	Local	I1106
Killara	“Woodlands”, dwelling house	1 Werona Avenue	Lot 11, DP 1101477	State	I405
Killara	“Maple House”, dwelling house	25 Werona Avenue	Lot 30, DP 1071484	Local	I406
Killara	Killara Post Office	23A Werona Avenue	Lot 9, DP 1012535	Local	I407
Killara	Dwelling house	25A Werona Avenue	Lot 31, DP 1071484	Local	I408
Lindfield	Dwelling house	46 Archbold Road	Lot 40, DP 6678	Local	I409
Lindfield	“Lyncroft”, dwelling house	4 Averil Place	Lot 4, DP 236336	Local	I410
Lindfield	“Audley”, dwelling house	17 Bayswater Road	Lot C, DP 344475	Local	I411
Lindfield	Dwelling house	14 Beaconsfield Parade	Lot 1, DP 168629	Local	I412
Lindfield	Dwelling house	31 Beaconsfield Parade	Lot B, DP 324025	Local	I413
Lindfield	Dwelling house	28 Bent Street	Lot 17, DP 10189	Local	I416
Lindfield	Dwelling house	26 Chelmsford Avenue	Lot 7, DP 6678	Local	I419
Lindfield	Dwelling house	25 Cocupara Avenue	Lot 59, DP 28888	Local	I420
Lindfield	Dwelling house	12 Dangar Street	Lot 1, DP 525627	Local	I421
Lindfield	UTS Ku-ring-gai Campus main building, including the gymnasium and footbridge	100 Eton Road	Lot 2, DP 1151638	Local	I422
Lindfield	Frances Street Bungalow Group	1 Frances Street	Lot 1, DP 7723	Local	I423
Lindfield	Frances Street Bungalow Group	2 Frances Street	Lot 12A, DP 307998	Local	I424
Lindfield	Frances Street Bungalow Group	3 Frances Street	Lot 2, DP 7723	Local	I425
Lindfield	Frances Street Bungalow Group	4 Frances Street	Lot 11, DP 7723	Local	I426
Lindfield	Frances Street Bungalow Group	5 Frances Street	Lot 3, DP 7723; Lot 1, DP 1069076	Local	I427
Lindfield	Frances Street Bungalow Group	6 Frances Street	Lot 10, DP 7723	Local	I428
Lindfield	Frances Street Bungalow Group	7 Frances Street	Lot 4, DP 957045	Local	I429
Lindfield	Frances Street Bungalow Group	8 Frances Street	Lot 9, DP 7723	Local	I430
Lindfield	Frances Street Bungalow Group	9 Frances Street	Lot 5, DP 7723	Local	I431
Lindfield	Frances Street Bungalow Group	10 Frances Street	Lot 8, DP 7723	Local	I432
Lindfield	Frances Street Bungalow Group	12 Frances Street	Lot 7, DP 7723	Local	I433
Lindfield	Frances Street Bungalow Group	14 Frances Street	Lot 6, DP 7723	Local	I434
Lindfield	Dwelling house	21 Frances Street	Lot 1, DP 17918	Local	I435
Lindfield	Dwelling house	24 Gladstone Parade	Lot 1, DP 220242	Local	I436
Lindfield	Dwelling house	1 Grosvenor Road	Lot 2, DP 215626	Local	I437
Lindfield	Dwelling house	3 Grosvenor Road	Lot 1, DP 214630	Local	I438
Lindfield	Dwelling house	7 Grosvenor Road	Lot 4, DP 215625	Local	I439
Lindfield	Dwelling house	9 Grosvenor Road	Lot D, DP 364265	Local	I440
Lindfield	Dwelling house	11 Grosvenor Road	Lot C, DP 364265	Local	I441
Lindfield	Dwelling house	15 Grosvenor Road	Lot B, DP 363054	Local	I442
Lindfield	Dwelling house	47 Highfield Road	Lot 11, DP 1138930	Local	I443
Lindfield	Dwelling house	6 Lightcliff Avenue	Lot 3, DP 1061877	Local	I445
Lindfield	Dwelling house	8 Lightcliff Avenue	Lot 4, DP 655054	Local	I446
Lindfield	Dwelling house	12 Lightcliff Avenue	Lot 6, DP 8597	Local	I447
Lindfield	Dwelling house	14 Lightcliff Avenue	Lot 7, DP 8597	Local	I448
Lindfield	Dwelling house	19 Lightcliff Avenue	Lot 9, DP 8597; Lot B, DP 356699	Local	I449
Lindfield	Dwelling house	3 Lindel Place	Lot 4, DP 233274	Local	I450
Lindfield	Dwelling house	4 Lindel Place	Lot 31, DP 554288	Local	I451
Lindfield	Dwelling house	32A Middle Harbour Road	Lot 4, DP 17373	Local	I453
Lindfield	Dwelling house	34 Middle Harbour Road	Lot 5, DP 17373	Local	I452
Lindfield	Dwelling house	9 Nelson Road	Lot 1, DP 525755	Local	I454
Lindfield	Dwelling house	15 Nelson Road	Lot A, DP 359051	Local	I455
Lindfield	Dwelling house	31 Nelson Road	Lots 4 and 5, DP 5168	Local	I457
Lindfield	Federation bungalow	33 Nelson Road	Lot 6, DP 5168	Local	I458
Lindfield	Dwelling house	43 Nelson Road	Lots 11 and 12, DP 1012827	Local	I459
Lindfield	Dwelling house	1 Ortona Road	Lot B, DP 343102	Local	I460
Lindfield	“Heilbron”, dwelling house	2 Ortona Road	Lot A, DP 334595	Local	I461
Lindfield	“Rathlyn”, dwelling house	5 Ortona Road	Lot 1, DP 334136	Local	I462
Lindfield	Dwelling house	27 Polding Road	Lot A, DP 343615	Local	I465
Lindfield	Dwelling house	7 Provincial Road	Lot 1, DP 923281	Local	I467
Lindfield	Dwelling house	78 Provincial Road	Lot 57, DP 660952	Local	I468
Lindfield	Dwelling house	88 Provincial Road	Lot A, DP 360537	Local	I469
Lindfield	Dwelling house	114A Provincial Road	Lot 30, DP 15246; Lot 1, DP 329638	Local	I470
Lindfield	Dwelling house	6 Treatts Road	Lot 7, DP 4145	Local	I472
Lindfield	“Mignon”, dwelling house	8 Treatts Road	Lot A, DP 302180	Local	I473
Lindfield	“Northhaven” (formerly Rosebank), dwelling house	26 Treatts Road	Lot B, DP 82429	Local	I474
Lindfield	“Treetops”, dwelling house	42 Treatts Road	Lot A, DP 329281; Lot B, DP 359487	Local	I475
Lindfield	Dwelling house	50 Treatts Road	Lot A, DP 318483	Local	I476
Lindfield	“Brenchley”, dwelling house	56 Treatts Road	Lot 1, DP 330347	Local	I477
Lindfield	Dwelling house	49 Tryon Road	Lot 1, DP 579689	Local	I478
Lindfield	Dwelling house	1 Valley Road	Lot A, DP 344051	Local	I479
Lindfield	“Hazeldean”, dwelling house	3 Valley Road	Lot F, DP 408161	Local	I480
Lindfield	Dwelling house	6 Valley Road	Lot 37, DP 3210; Lot 138, DP 456173	Local	I481
Lindfield	Dwelling house	4 Waimea Road	Lot 23, DP 667016	Local	I482
Lindfield	Dwelling house	6 Waimea Road	Part of Lot B, DP 332267	Local	I483
Lindfield	Dwelling house	23 Waimea Road	Lot 7, DP 1047288; Lots 2 and 3, DP 1046586	Local	I485
Lindfield	Dwelling house	25 Westbourne Road	Lot 21, DP 13028; Lot B, DP 378817	Local	I487
North Turramurra	Dwelling house	36 Banks Avenue	Lot 5, DP 1061616	Local	I488
North Turramurra	“Brooklyn”, dwelling house	183–185 Bobbin Head Road	Lot 12, DP 827972	Local	I492
North Turramurra	“Lynesta”, dwelling house	397 Bobbin Head Road	Lot 11, DP 1632893	Local	I489
North Turramurra	“Huon Park House”	402 Bobbin Head Road	Lot 8, DP 23868	Local	I490
North Turramurra	“Flowton” Lady Davidson Hospital Administration Block	434 Bobbin Head Road	Lot 211, DP 1012228	Local	I491
North Wahroonga	Dwelling house	16 Daly Avenue	Lot 8, Section 38, DP 758792; Lot 860, DP 40406	Local	I493
North Wahroonga	“Taree”, dwelling house	93 Grosvenor Street	Lot 1, DP 504381	Local	I494
North Wahroonga	Dwelling house	102 Grosvenor Street	Lot 12, DP 1128746	Local	I495
North Wahroonga	Dwelling house	1 Lister Street	Lots 2 and 3, DP 415936	Local	I496
North Wahroonga	Dwelling house	7 Wyeena Close	Lot 11, DP 858535	Local	I497
Pymble	“Glengarriff”, dwelling house	12 Anatol Place	Lot 11, DP 228739	Local	I498
Pymble	Dwelling house	6 Arden Road	Lot 1, DP 15541	Local	I499
Pymble	Dwelling house	11 Arilla Road	Lot 12, DP 15541	Local	I500
Pymble	“Macquarie Cottage”, dwelling house	11 Avon Road	Lot 1, DP 502794	Local	I501
Pymble	“Caprera Cottage”, dwelling house	19 Avon Road	Lot 1, DP 927721	Local	I502
Pymble	Avondale Golf Club House	40 Avon Road	Lot 4, DP 789892	Local	I503
Pymble	“Hillcrest”, dwelling house	57 Avon Road	Lot 3, DP 500320	Local	I504
Pymble	“Bagot House”, dwelling house	26 Bannockburn Road	Lot 13, DP 20409	Local	I506
Pymble	Dwelling house	36 Bannockburn Road	Lot 3, DP 623240	Local	I508
Pymble	Dwelling house	9 Beechworth Road	Lot 4, DP 501584	Local	I510
Pymble	“Coombe Cottage”, dwelling house	41 Beechworth Road	Lot 3, DP 11232	Local	I512
Pymble	Dwelling house	11 Bobbin Head Road	Lot 52, DP 748209	Local	I513
Pymble	“Heatherbrae”, dwelling house	12 Bobbin Head Road	Lot 1, DP 200728	Local	I514
Pymble	“Hiawatha”, dwelling house	25 Bobbin Head Road	Lot 1, DP 221542	Local	I518
Pymble	“Tecumseh”, dwelling house	29 Bobbin Head Road	Lot 1, DP 878372	Local	I520
Pymble	Dwelling house	1 Boolarong Road	Lot 2, DP 204366	Local	I523
Pymble	Dwelling house	8 Boolarong Road	Lot 22, Section 5, DP 13451	Local	I524
Pymble	Dwelling house	11 Boolarong Road	Lot 10, DP 662370	Local	I525
Pymble	“Artair”, dwelling house	12 Boolarong Road	Lot 20, Section 5, DP 13451	Local	I526
Pymble	“Wentworth Cottage”, dwelling house	17 Boolarong Road	Lots 6, 7, 12 and 13, Section 4, DP 13451	Local	I527
Pymble	“Dinton”, dwelling house	22 Bungalow Avenue	Lot 201, DP 1013674	Local	I528
Pymble	Dwelling house	10–12 Carinya Road	Lot 5, Section 4, DP 13451; Lot 4, DP 13451	Local	I529
Pymble	Dwelling house	10 Church Street	Lots 1 and 2, DP 569775	Local	I530
Pymble	Dwelling house	19 Church Street	Lot 1, DP 340850	Local	I531
Pymble	Dwelling house	21 Church Street	Lot 14, DP 655436	Local	I532
Pymble	Dwelling house	23 Church Street	Lot C, DP 416850	Local	I533
Pymble	Dwelling house	25–27 Church Street	Lot 1, DP 1078504	Local	I536
Pymble	“Kiewa”, dwelling house	29 Church Street	Lot C, DP 342616	Local	I534
Pymble	“Hoffbank”, dwelling house	33 Church Street	Lot 1, DP 1002734	Local	I535
Pymble	Dwelling house	3 Courallie Avenue	Lot G, DP 391490	Local	I537
Pymble	“Cruachan”, dwelling house	7 Fairway Avenue	Lot B, DP 357648	Local	I538
Pymble	“Hampton”, dwelling house	9 Fairway Avenue	Lot A, DP 357648	Local	I539
Pymble	Dwelling house	4 Fern Street	Lot 1, DP 116108	Local	I540
Pymble	Dwelling house	6 Fern Street	Lot 8, DP 804754	Local	I541
Pymble	Dwelling house	8 Fern Street	Lot 9, DP 804754	Local	I542
Pymble	Dwelling house	28 Fern Street	Part of Lot 3, DP 16267	Local	I543
Pymble	Dwelling house	27 Grandview Street	Lot 2, DP 942249	Local	I545
Pymble	Dwelling house	29 Grandview Street	Lot 1, DP 942249	Local	I546
Pymble	Dwelling house	3 Hope Street	Lot 1, DP 524904	Local	I548
Pymble	Dwelling house	22 Hope Street	Lot 4, DP 27015	Local	I549
Pymble	Dwelling house	7 Kimbarra Road	Lot B, DP 340841	Local	I550
Pymble	Dwelling house	12 Kimbarra Road	Lot 27, DP 15544	Local	I552
Pymble	“Batonga”, dwelling house	31 King Edward Street	Lot A, DP 326255	Local	I554
Pymble	Dwelling house	1A Korangi Road	Lot 4, DP 609930	Local	I555
Pymble	“Yarrawonga”, dwelling house	32 Kulgoa Road	Lot 3, DP 232312	Local	I556
Pymble	Former “Lanosa” stables	11 Kywong Avenue	Part of Lot 10, DP 855982	Local	I553
Pymble	“Jesmond Dene”, dwelling house	56 Livingstone Avenue	Lot 15, DP 603889	Local	I559
Pymble	Dwelling house	62 Livingstone Avenue	Lot 2, DP 1009908	Local	I560
Pymble	Dwelling house	66 Livingstone Avenue	Lot 1, DP 1009908	Local	I561
Pymble	Dwelling house	75 Livingstone Avenue	Lot 8, DP 285294	Local	I562
Pymble	Dwelling house	75A Livingstone Avenue	Lot 1, DP 285294	Local	I566
Pymble	Dwelling house	78 Livingstone Avenue	Lot 1, DP 25970	Local	I563
Pymble	Dwelling house	80 Livingstone Avenue	Lot 1, DP 202787	Local	I564
Pymble	Dwelling house	104 Livingstone Avenue	Lot E, DP 386858	Local	I565
Pymble	Dwelling house	6 Lonsdale Avenue	Lot 3, DP 8602	Local	I567
Pymble	“Tiverton”, dwelling house	29 Macquarie Road	Lot 2, DP 565415	Local	I568
Pymble	Dwelling house	26A Merrivale Road	Lots 1 and 2, DP 577743	Local	I573
Pymble	“Pentecost”, dwelling house	57 Merrivale Road	Lot 2, DP 252197	Local	I571
Pymble	Dwelling house	89 Merrivale Road	Lot 7, DP 25070	Local	I572
Pymble	Dwelling house	6 Mona Vale Road	Part of Lot D, DP 393040	Local	I574
Pymble	Dwelling house	18 Mona Vale Road	Lot 1, DP 562608	Local	I575
Pymble	Dwelling house	20 Mona Vale Road	Lot 2, DP 562608	Local	I576
Pymble	Dwelling house	24 Mona Vale Road	Lot 1, DP 501839	Local	I577
Pymble	Dwelling house	38 Mona Vale Road	Lot 3, DP 651394	Local	I578
Pymble	Pymble Chapel church, including interior, Sunday School, sandstone street walling and garden setting	55A Mona Vale Road	Part of Lot A, DP 350784	Local	I590
Pymble	“Strathwood”, dwelling house	59 Mona Vale Road	Lot 1, DP 136926	Local	I558
Pymble	“Lanosa”, dwelling house	62–64 Mona Vale Road	Lot 2, DP 573946; Lot 11, DP 855982	Local	I579
Pymble	Dwelling house	67 Mona Vale Road	Lot 1, DP 415650	Local	I580
Pymble	Dwelling house	71 Mona Vale Road	Lot 50, DP 793254	Local	I581
Pymble	Dwelling house	97 Mona Vale Road	Lot 1, DP 659034	Local	I582
Pymble	“Stapleton”, dwelling house	98 Mona Vale Road	Part of Lot 8, DP 28176	Local	I583
Pymble	Dwelling house	101 Mona Vale Road	Lot 1, DP 525703	Local	I584
Pymble	Pymble Soldiers Memorial Park	105 Mona Vale Road	Lot 2 and part of Lot 3, DP 34134	Local	I586
Pymble	Dwelling house	132 Mona Vale Road	Part of Lot 11, Section 1, DP 13451; Part of Lot B, DP 377750	Local	I587
Pymble	Dwelling house	136 Mona Vale Road	Part of Lots 8 and 9, Section 1, DP 13451 and Part of Lot A, DP 377750	Local	I588
Pymble	Dwelling house	142 Mona Vale Road	Part of Lots 6 and 7, Section 1, DP 13451	Local	I589
Pymble	Dwelling house	1A Narelle Avenue	Lot 1, DP 659119	Local	I592
Pymble	“Narrelle”, weatherboard cottage	3–5 Narelle Avenue	Lot 1, DP 213552	Local	I591
Pymble	3M Building (former)	950 Pacific Highway	Lot 1, DP 718718	Local	I593
Pymble	Substation	982–984 Pacific Highway	Lot 1, DP 119476; Lot 1, DP 441760	State	I598
Pymble	Dwelling house	1161 Pacific Highway	Lot B, DP 332669	Local	I595
Pymble	Dwelling house	1163 Pacific Highway	Lot A, DP 332669	Local	I596
Pymble	“Mountview”, dwelling house	1228 Pacific Highway	Part of Lot 2, DP 363599	Local	I597
Pymble	Dwelling house	41 Pentecost Avenue	Lot 26, Section 6, DP 13451	Local	I603
Pymble	“Greenways”, dwelling house	45 Pentecost Avenue	Lot 124, DP 538815	Local	I605
Pymble	“Wananderry”, dwelling house	56 Pentecost Avenue	Lot 1, DP 565705	Local	I606
Pymble	Dwelling house	68 Pentecost Avenue	Lot A, DP 103589	Local	I608
Pymble	Dwelling house	73 Pentecost Avenue	Lot A, DP 394175	Local	I610
Pymble	Dwelling house	75 Pentecost Avenue	Lot 9, Section 6, DP 13451	Local	I611
Pymble	Dwelling house	77 Pentecost Avenue	Lot 8, Section 6, DP 13451	Local	I612
Pymble	“Moodani”, dwelling house	81 Pentecost Avenue	Lot 3, DP 501439	Local	I613
Pymble	Dwelling house	89 Pentecost Avenue	Lot 2, Section 6, DP 13451	Local	I615
Pymble	Dwelling house	91 Pentecost Avenue	Lot 1, Section 6, DP 13451	Local	I616
Pymble	“Elderslie”, dwelling house	41 Pymble Avenue	Lot 1, DP 205781	Local	I618
Pymble	“Cotswolds”, dwelling house	51 Pymble Avenue	Lot D, DP 352082	Local	I619
Pymble	Dwelling house	59 Pymble Avenue	Lot 1, DP 223332	Local	I620
Pymble	“Hilltop”, dwelling house	61 Pymble Avenue	Lot X, DP 374824	Local	I621
Pymble	“Montrose”, dwelling house	77B Pymble Avenue	Lot 1, DP 545170	Local	I622
Pymble	“Chescombe”, dwelling house	11 Station Street	Lot C, DP 331992	Local	I624
Pymble	“Llanberri”, dwelling house	13 Station Street	Lot D, DP 331992	Local	I625
Pymble	“Shadowood”, dwelling house	17 Station Street	Lot B, DP 325560	Local	I626
Pymble	Dwelling house	19 Station Street	Lot A, DP 325560	Local	I627
Pymble	“Yolande”, dwelling house	21 Station Street	Lot 8, DP 8522	Local	I628
Pymble	St. Swithun’s Anglican Church	2A Telegraph Road	Lot 1, DP 970316	Local	I654
Pymble	Sydney Water Reservoir—Pymble	2C Telegraph Road	Lots 1 and 2, DP 7321; Lots 1–4, DP 744950; Lot 2, DP 621763	Local	I655
Pymble	“Merrivale”, dwelling house	4 Telegraph Road	Lot 9, DP 667507	Local	I635
Pymble	Dwelling house	24 Telegraph Road	Lot 1, DP 933810; Lot 24, DP 7993	Local	I636
Pymble	Dwelling house	26 Telegraph Road	Lot 1, DP 784571	Local	I637
Pymble	“Sandon”, dwelling house	31 Telegraph Road	Lot A, DP 335419	Local	I639
Pymble	“Carinya”, dwelling house	37 Telegraph Road	Lots 1 and 2, DP 205401	Local	I640
Pymble	Dwelling house	38 Telegraph Road	Lot B, DP 401077	Local	I641
Pymble	“Claremont”, dwelling house	40 Telegraph Road	Lot 1, DP 2968	Local	I642
Pymble	“Belle Maison”, dwelling house	42 Telegraph Road	Lot 2, DP 2968	Local	I643
Pymble	Dwelling house	43 Telegraph Road	Lot 10, DP 8522	Local	I644
Pymble	“Sackville”, dwelling house	49 Telegraph Road	Lot 13, DP 8522; Lot A, DP 337947	Local	I645
Pymble	Dwelling house	51 Telegraph Road	Lot 1, DP 331267	Local	I646
Pymble	“Eastbourne”, dwelling house	52 Telegraph Road	Lot 1, DP 302126	Local	I647
Pymble	“Redriff”, dwelling house	53 Telegraph Road	Lot 2, DP 331267	Local	I648
Pymble	Dwelling house	63 Telegraph Road	Lot 1, DP 219661	Local	I649
Pymble	“Ballinlough”, dwelling house	66 Telegraph Road	Lot 13, DP 15644	Local	I650
Pymble	Dwelling house	67 Telegraph Road	Lot B, DP 377019	Local	I651
Pymble	“St Cloud”, dwelling house	77 Telegraph Road	Lot A, DP 323007	Local	I652
Pymble	“Juniper Green”, dwelling house	88 Telegraph Road	Part of Lot 3, DP 229040; Part of Lot 7, DP 552415	Local	I653
Pymble	“Robyn Hill”, dwelling house	1 Vista Street	Lot 3, DP 800479	Local	I656
Pymble	Dwelling house	3 Wellesley Road	Lot A, DP 357031	Local	I657
Pymble	Dwelling house	7 Wellesley Road	Lot A, DP 365984	Local	I658
Pymble	Dwelling house	26 Wellesley Road	Lot 1, DP 203589	Local	I659
Pymble	Dwelling house	27 Woodlands Avenue	Lot 2, DP 232312	Local	I660
Roseville	“Sirocco”, dwelling house	33 Abingdon Road	Lot 18, DP 13028; Lot 2, DP 338644	Local	I661
Roseville	Dwelling house	3 Addison Avenue	Lot 27, DP 6341	Local	I662
Roseville	Dwelling house	6 Addison Avenue	Lot 6, DP 6341; Lot 1, DP 121689	Local	I663
Roseville	Dwelling house	33 Addison Avenue	Lot 39, DP 7517	Local	I664
Roseville	Dwelling house	33 Amarna Parade	Lot 80, DP 11994	Local	I666
Roseville	Dwelling house	17 Archbold Road	Lot 61, DP 6341	Local	I667
Roseville	Dwelling house	59 Bancroft Avenue	Lot 1, DP 1099727	Local	I668
Roseville	Dwelling house	9 Belgium Avenue	Lot 53, DP 7872	Local	I669
Roseville	Dwelling house	15 Belgium Avenue	Lot 51, DP 7872; Lot 1, DP 314995	Local	I670
Roseville	“Clermiston”, dwelling house	79 Boundary Street	Part of Lot A, DP 414205	Local	I671
Roseville	Dwelling house	31 Clanville Road	Lot 5, DP 4771	Local	I672
Roseville	“Bryn-Mawr”, dwelling house	81 Clanville Road	Lots 23, 24 and 28, DP 9475	Local	I673
Roseville	The Firs Estate Cottage	60A Clanville Road	Lots 1–5 and 7–11, DP 9475; Lots 8–14 and 25–31 and 43–49, DP 10038; Lot 2, DP 132908; Lot 6, DP 667676; Lot 1, DP 166600	Local	I674
Roseville	“Taylor”, dwelling house	15 Clermiston Avenue	Lot 17, DP 6535	Local	I675
Roseville	“Chilcote”, dwelling house	17 Clermiston Avenue	Lot 18, DP 6535	Local	I676
Roseville	Dwelling house	7 Dudley Avenue	Lot 46, DP 5313	Local	I677
Roseville	Dwelling house	8 Dudley Avenue	Lot 1, DP 302112	Local	I678
Roseville	“Ambleside”, dwelling house and original interior	24 Dudley Avenue	Lot 1, DP 209190	Local	I685
Roseville	Dwelling house	48 Duntroon Avenue	Lot 62, DP 7517; Lot A, DP 340378	Local	I679
Roseville	Dwelling house	54 Duntroon Avenue	Lot 65, DP 7517; Lot C, DP 340378	Local	I680
Roseville	Dwelling house	44 Earl Street	Lot 104, DP 11994	Local	I681
Roseville	Dwelling house	48 Earl Street	Lot 102, DP 11994	Local	I682
Roseville	Dwelling house	18 Gerald Avenue	Lot 9, DP 5313	Local	I683
Roseville	Dwelling house	12 Glen Road	Lot 1, DP 330460	Local	I684
Roseville	Dwelling house	1 Longford Street	Lot 98, DP 13028	Local	I687
Roseville	St Luke’s Hall	28 Lord Street	Lot 2, DP 507702; Lot 21, Section B, DP 3277; Lot 1, DP 1111339	Local	I689
Roseville	Dwelling house	35 Oliver Road	Lot 60, DP 662410	Local	I691
Roseville	Dwelling house	37 Oliver Road	Lot 59, DP 7872	Local	I692
Roseville	Dwelling house	22 Roseville Avenue	Lot C, DP 417928	Local	I695
Roseville	Dwelling house	31 Roseville Avenue	Lot 1, DP 507702	Local	I697
Roseville	Dwelling house	32 Roseville Avenue	Lot 19, Section A, DP 3277	Local	I698
Roseville	Dwelling house	40 Roseville Avenue	Lots 2 and 3, DP 1067237	Local	I699
Roseville	Dwelling house	45 Roseville Avenue	Lot 55, Section B, DP 3277	Local	I700
Roseville	Dwelling house	47 Roseville Avenue	Lot 1, DP 502712	Local	I701
Roseville	Dwelling house	1 Roslyn Avenue	Lot 1, DP 948635	Local	I702
Roseville	Dwelling house	2 Roslyn Avenue	Lot 1, DP 222886	Local	I703
Roseville	Dwelling house	3 Roslyn Avenue	Lot 9, DP 1047030	Local	I704
Roseville	Dwelling house	4 Roslyn Avenue	Lot 2, DP 1047030	Local	I705
Roseville	Dwelling house	5 Roslyn Avenue	Lots 7 and 8, DP 1047030	Local	I706
Roseville	“Cerne Abbas”, dwelling house	6 Roslyn Avenue	Lot 3, DP 1047030	Local	I707
Roseville	Dwelling house	8 Roslyn Avenue	Lot 5, DP 1047030	Local	I708
Roseville	“Lynwood”, dwelling house	63 Shirley Road	Lots E and F, DP 391438	Local	I709
Roseville	Dwelling house	26 Trafalgar Avenue	Lot 11, DP 1047288	Local	I711
Roseville	Dwelling house	49 Victoria Street	Lot 12, DP 786859	Local	I713
Roseville	Dwelling house	50 Victoria Street	Lot 4, DP 6642	Local	I714
Roseville	Dwelling house	52 Victoria Street	Lot 5, DP 6642	Local	I715
Roseville Chase	Victor A. Edwards Tennis School	80 Duntroon Avenue	Lot 1, DP 788424	Local	I716
Roseville Chase	Echo Point Park	17 Normac Street	Lots 94, 95, 96, 97 98 and 139, DP 13450; Lot 7035, DP 1058600	Local	I1098
Roseville Chase	“Cromla”, dwelling house	11 The Kingsway	Lot C, DP 397145	Local	I717
St Ives	Dwelling house	15 Collins Road	Part of Lot 12, DP 25195	Local	I720
St Ives	Dwelling house	73 Collins Road	Lot 5, DP 30034	Local	I721
St Ives	Dwelling house	5 Derby Street	Lot 8, DP 31747	Local	I722
St Ives	Dwelling house	107 Hunter Avenue	Lot 14, Section 58, DP 758377	Local	I724
St Ives	“Greenwood”, Victorian cottage	121 Mona Vale Road	Lot 5, DP 656362	Local	I725
St Ives	Uniting Church Hall Former Presbyterian Church	276 Mona Vale Road	Lot 78, DP 615352	Local	I726
St Ives	“Hillcrest”, dwelling house	330 Mona Vale Road	Lot 102, DP 870458	Local	I727
St Ives	Pettit & Sevitt Group Project Homes	15A Richmond Avenue	Lot 11, DP 220538	Local	I734
St Ives	Pettit & Sevitt Group Project Homes	17 Richmond Avenue	Lot 10, DP 220538	Local	I728
St Ives	Pettit & Sevitt Group Project Homes	19 Richmond Avenue	Lot 9, DP 220538	Local	I729
St Ives	Pettit & Sevitt Group Project Homes	21 Richmond Avenue	Lot 8, DP 220538	Local	I730
St Ives	Dwelling house	23 Richmond Avenue	Lot 7, DP 220538	Local	I731
St Ives	Pettit & Sevitt Group Project Homes	25 Richmond Avenue	Lot 6, DP 220538	Local	I732
St Ives	Dwelling house	29 Richmond Avenue	Lot 4, DP 220538	Local	I733
St Ives	Dwelling house	2 Staddon Close	Lot 10, DP 222659	Local	I735
St Ives	Torokina Avenue Estate	27 Torokina Avenue	Lot 16, DP 238226	Local	I736
St Ives	Torokina Avenue Estate	30 Torokina Avenue	Lot 1, DP 238226	Local	I737
St Ives	Torokina Avenue Estate	31 Torokina Avenue	Lot 15, DP 238226	Local	I738
St Ives	Torokina Avenue Estate	32 Torokina Avenue	Lot 2, DP 238226	Local	I739
St Ives	Torokina Avenue Estate	33 Torokina Avenue	Lot 14, DP 238226	Local	I740
St Ives	Torokina Avenue Estate	34 Torokina Avenue	Lot 3, DP 238226	Local	I741
St Ives	Torokina Avenue Estate	35 Torokina Avenue	Lot 13, DP 238226	Local	I742
St Ives	Torokina Avenue Estate	36 Torokina Avenue	Lot 4, DP 238226	Local	I743
St Ives	Torokina Avenue Estate	37 Torokina Avenue	Lot 12, DP 238226	Local	I744
St Ives	Torokina Avenue Estate	38 Torokina Avenue	Lot 5, DP 238226	Local	I745
St Ives	Torokina Avenue Estate	39 Torokina Avenue	Lot 11, DP 238226	Local	I746
St Ives	Torokina Avenue Estate	40 Torokina Avenue	Lot 6, DP 238226	Local	I747
St Ives	Torokina Avenue Estate	42 Torokina Avenue	Lot 7, DP 238226	Local	I748
St Ives	Torokina Avenue Estate	44 Torokina Avenue	Lot 8, DP 238226	Local	I749
St Ives	Torokina Avenue Estate	46 Torokina Avenue	Lot 9, DP 238226	Local	I750
St Ives	Torokina Avenue Estate	48 Torokina Avenue	Lot 1, DP 258672	Local	I751
St Ives	Torokina Avenue Estate	52 Torokina Avenue	Lot 2, DP 258672	Local	I752
St Ives	Torokina Avenue Estate	54 Torokina Avenue	Lot 3, DP 258672	Local	I753
St Ives	“The Sherington House”, dwelling house	2 Wirra Close	Lot 2, DP 543666	Local	I755
Turramurra	Dwelling house	17 Ancona Road	Lot 134, DP 623002	Local	I756
Turramurra	Dwelling house	10 Avoca Road	Lot 2, DP 15480	Local	I757
Turramurra	“Donidore”, dwelling house	72 Bobbin Head Road	Lot 5, DP 11500	Local	I760
Turramurra	Dwelling house	90 Bobbin Head Road	Lot 1, DP 1027707	Local	I761
Turramurra	Dwelling house	2 Boomerang Street	Lot 4, DP 544775	Local	I762
Turramurra	Dwelling house	5 Boomerang Street	Lots 3 and 4, DP 12595	Local	I1097
Turramurra	Dwelling house	8 Boomerang Street	Lot X, DP 400377	Local	I763
Turramurra	“Ingleholme”, dwelling house and garage	17 Boomerang Street	Lot 1, DP 259871	State	I764
Turramurra	Dwelling house	3 Catalpa Crescent	Lot 3, DP 316672	Local	I766
Turramurra	Dwelling house	37 Duff Street	Lot Y, DP 380944	Local	I767
Turramurra	Dwelling house	63 Eastern Road	Lot 1, DP 38982	Local	I768
Turramurra	“Cotham Brae”, dwelling house	127 Eastern Road	Lot A, DP 361588	Local	I769
Turramurra	Dwelling house	27 Glendale Road	Lot 4, DP 528204	Local	I770
Turramurra	“Apple Tree Cottage”, dwelling house	3A Handley Avenue	Lot 1, DP 121938	Local	I771
Turramurra	Dwelling house	58 Holmes Street	Lot 1, DP 229779	Local	I772
Turramurra	“Bellaire”, dwelling house	28 Kissing Point Road	Lot 1, DP 547559	Local	I774
Turramurra	“Bapaume”, dwelling house	51 Kissing Point Road	Lot 2, DP 900882	Local	I775
Turramurra	“Rudyard”, dwelling house	53 Kissing Point Road	Lot 19, DP 206712	Local	I776
Turramurra	“Kurrawah”, dwelling house	54 Kissing Point Road	Lot 5, DP 240087	Local	I779
Turramurra	“Ingalara”, dwelling house	62 Kissing Point Road	Lot A, DP 326323; Lot C, DP 388233	Local	I778
Turramurra	Wandandian Boarding House (former)	173B Kissing Point Road	Lot 2, DP 211654	Local	I780
Turramurra	“Trelawney”, dwelling house	25 Ku-Ring-Gai Avenue	Lot B, DP 330931	Local	I781
Turramurra	“Creighton” Federation, dwelling house	31 Ku-Ring-Gai Avenue	Lot X, DP 445198	Local	I782
Turramurra	“Illanscourt”, Federation villa	37 Ku-Ring-Gai Avenue	Lot 11, DP 554116	Local	I783
Turramurra	“Cossington”, dwelling house	43–47 Ku-Ring-Gai Avenue	Lot A, DP 339780	State	I792
Turramurra	“Highfield”, dwelling house	51 Ku-Ring-Gai Avenue	Lot 1, DP 546002	Local	I784
Turramurra	“Bellhaven”, dwelling house	55 Ku-Ring-Gai Avenue	Lot A, DP 337898	Local	I785
Turramurra	“Cheppywood”, dwelling house	61 Ku-Ring-Gai Avenue	Lot 5, DP 229032	Local	I786
Turramurra	“Egelabra”, dwelling house	70 Ku-Ring-Gai Avenue	Lot 2, DP 525928	Local	I787
Turramurra	“The Grange”, dwelling house	73 Ku-Ring-Gai Avenue	Lot 1, DP 314324	Local	I788
Turramurra	“Chasecote”, dwelling house	75 Ku-Ring-Gai Avenue	Lot 3, DP 229032	Local	I789
Turramurra	“Talagow”, dwelling house	77 Ku-Ring-Gai Avenue	Lot 5, DP 531770	Local	I790
Turramurra	“Moppety”, dwelling house	91 Ku-Ring-Gai Avenue	Lot 11, DP 592590	Local	I791
Turramurra	“Wilson House”, dwelling house	7 McRae Place	Lot 17, DP 30833	Local	I793
Turramurra	Dwelling house	1187 Pacific Highway	Lot 3, DP 233452	Local	I794
Turramurra	Dwelling house	1284 Pacific Highway	Lot 1, DP 135666	Local	I796
Turramurra	Brampton House	1312 Pacific Highway	Lot 1, DP 518080	Local	I797
Turramurra	Dwelling house	111 Pentecost Avenue	Lot 25, DP 8242	Local	I798
Turramurra	“Palmer House”, dwelling house	28 Trentino Road	Lot A, DP 398362	Local	I799
Turramurra	Dwelling house	60 Warragal Road	Lot 1, DP 417845	Local	I800
Turramurra	“Warro”, dwelling house	5 Warrangi Street	Lot 2, DP 980163	Local	I801
Turramurra	“Cudworth”, dwelling house	7 Warrangi Street	Lot 1, DP 980163	Local	I802
Turramurra	“Bettwys-y-Coed”, dwelling house	20 Warrangi Street	Lot 4, DP 14862	Local	I804
Turramurra	“Bentry”, dwelling house	35 Warrangi Street	Lot 1, DP 808288	Local	I806
Turramurra	“Harpenden”, dwelling house	37 Warrangi Street	Lot B, DP 328926	Local	I807
Turramurra	Dwelling house	39 Warrangi Street	Lot 2, DP 535093	Local	I808
Turramurra	Dwelling house	41 Warrangi Street	Lot 4, DP 582864	Local	I809
Turramurra	“Lawn Hill”, dwelling house	45 Warrangi Street	Lot 1, DP 1126936	Local	I810
Turramurra	Dwelling house	47 Warrangi Street	Lot 21, DP 705567	Local	I811
Turramurra	Dwelling house	3 Womerah Street	Lot 6, DP 31561	Local	I814
Turramurra	Dwelling house	5 Womerah Street	Lot 3 DP 31561	Local	I815
Turramurra	Dwelling house	23 Womerah Street	Lot 1, DP 557054	Local	I816
Turramurra	“Koromiko”, dwelling house	27 Womerah Street	Lot 1, DP 507520	Local	I817
Turramurra	Dwelling house	29 Womerah Street	Lot A, DP 401188	Local	I818
Wahroonga	“Ocaloma”, dwelling house	18 Ada Avenue	Lot 2, DP 538577	Local	I819
Wahroonga	“Oakhill” dwelling house	19 Ada Avenue	Lot 22, DP 583164	Local	I820
Wahroonga	“Pevensey”, dwelling house	21 Ada Avenue	Lot 40, DP 650969	Local	I821
Wahroonga	“Patlin”, dwelling house	25 Ada Avenue	Lot 1, DP 571321	Local	I822
Wahroonga	“Carinya”, dwelling house	29 Ada Avenue	Lot 7, DP 285554	Local	I823
Wahroonga	Dwelling house	30 Ada Avenue	Part of Lot A, DP 322459	Local	I824
Wahroonga	“Ewan House” (formerly Innisfail) Lodge, Lanterned Pavillion	1–3 Billyard Avenue	Lot 272, DP 608835	Local	I831
Wahroonga	Dwelling house	12 Billyard Avenue	Lot 5, DP 653796	Local	I825
Wahroonga	“Berith Park”, dwelling house	19 Billyard Avenue	Lot 2, DP 1063255	Local	I826
Wahroonga	“Amberleigh Manor”, dwelling house	30 Billyard Avenue	Lot 1, DP 538356	Local	I827
Wahroonga	“Kiriwan”, dwelling house	34 Billyard Avenue	Lot 1, DP 334223	Local	I828
Wahroonga	Dwelling house	65 Billyard Avenue	DP 972204	Local	I830
Wahroonga	Stables/Outbuilding (formerly part of Leicester)	33 Boundary Road	Lot 9, DP 30361	Local	I832
Wahroonga	Meeting house for the Society of Friends (Quakers)	59 Boundary Road	Lot 2, DP 553465	Local	I834
Wahroonga	Dwelling house	62 Boundary Road	Lot C, DP 371361	Local	I835
Wahroonga	Dwelling house	96 Boundary Road	Lot B, DP 410922	Local	I836
Wahroonga	“Yarrowbrae”, dwelling house	3 Braeside Street	Lot C, DP 404737	Local	I837
Wahroonga	Dwelling house	9 Braeside Street	Lot 1, DP 726101	Local	I839
Wahroonga	Dwelling house	12 Braeside Street	Lot 4, DP 545994	Local	I840
Wahroonga	“Yarranbah”, dwelling house	17 Braeside Street	Lot B, DP 329505	Local	I841
Wahroonga	“Sarsfield”, dwelling house	26 Braeside Street	Lot 2, DP 725191	Local	I842
Wahroonga	Dwelling house	31 Braeside Street	Lot 25, DP 668837	Local	I843
Wahroonga	Dwelling house	34 Braeside Street	Lot A, DP 378429	Local	I844
Wahroonga	Dwelling house	38 Braeside Street	Lot 2, DP 601202	Local	I845
Wahroonga	Dwelling house	50 Braeside Street	Lot 13, DP 568583	Local	I847
Wahroonga	Dwelling house	62 Braeside Street	Lot 2, DP 30507	Local	I848
Wahroonga	“Eversley”, dwelling house	86 Braeside Street	Lot 311, DP 567568	Local	I853
Wahroonga	“Pitlochry”, dwelling house	90 Braeside Street	Lot 103, DP 740791	Local	I854
Wahroonga	Dwelling house	6 Burns Road	Lot 3, DP 598420	Local	I856
Wahroonga	“Meryon”, dwelling house	7 Burns Road	Lot 1, DP 503695	Local	I857
Wahroonga	Dwelling house	11 Burns Road	Lot 108, DP 2666	Local	I858
Wahroonga	“Hazeldean”, dwelling house	14 Burns Road	Lot A, DP 404334	Local	I859
Wahroonga	Dwelling house	17 Burns Road	Lot 1, DP 532923	Local	I861
Wahroonga	Dwelling house	25 Burns Road	Lot 1, DP 933504 and Lot 1, DP 725121	Local	I862
Wahroonga	Dwelling house	34 Burns Road	Lot A, DP 330353	Local	I863
Wahroonga	Dwelling house	36 Burns Road	Lot A1, DP 414045	Local	I864
Wahroonga	Dwelling house	36B Burns Road	Lot A2, DP 414045	Local	I876
Wahroonga	“Craignairn” dwelling house	37 Burns Road	Lot 151, DP 1060782	Local	I865
Wahroonga	“Farleigh” dwelling house	38 Burns Road	Lot 50, DP 1164909	Local	I866
Wahroonga	Dwelling house	39 Burns Road	Lot 1, DP 215253	Local	I867
Wahroonga	Dwelling house	41 Burns Road	Lot 22, DP 873414	Local	I869
Wahroonga	Dwelling house	44 Burns Road	Lot 1, DP 217491	Local	I870
Wahroonga	Dwelling house	47 Burns Road	Lot 4, Section 1, DP 2914 and Lot 1, DP 726102	Local	I871
Wahroonga	Dwelling house	53 Burns Road	Lot 101, DP 853309	Local	I872
Wahroonga	St Edmunds School	60 Burns Road	Lots 1 and 6, DP 19875	Local	I873
Wahroonga	Dwelling house	70 Burns Road	Lots 8, 9 and 10, DP 19201	Local	I874
Wahroonga	Dwelling house	104 Burns Road	Lot 1, DP 528451	Local	I875
Wahroonga	“Ashby”, dwelling house	5 Cleveland Street	Lot 2, DP 514595	Local	I877
Wahroonga	Dwelling house	10 Cleveland Street	Lot 41, DP 525209	Local	I878
Wahroonga	Dwelling house	23 Cleveland Street	Lot 1, DP 715429; Lot B, DP 341153; Lot 1, DP 726090	Local	I880
Wahroonga	St Andrews Church	25B Cleveland Street	Lot A, DP 339202	Local	I886
Wahroonga	Dwelling house	26 Cleveland Street	Lot 1, DP 29871	Local	I881
Wahroonga	Dwelling house	29 Cleveland Street	Lot Y, DP 410144	Local	I882
Wahroonga	Dwelling house	31 Cleveland Street	Lot 153, DP 1060782	Local	I883
Wahroonga	Dwelling house	33 Cleveland Street	Lot 152, DP 1060782	Local	I884
Wahroonga	Dwelling house	36 Cleveland Street	Lot 2, DP 500205	Local	I885
Wahroonga	“Rose House”, dwelling house	67 Clissold Road	Lot 40, DP 1133324	Local	I887
Wahroonga	“Rose Seidler House”, dwelling house	69 Clissold Road	Lot A, DP 372495	State	I888
Wahroonga	Dwelling house	75–75A Clissold Road	Lots 3 and 4, DP 852424	Local	I889
Wahroonga	Wahroonga Park	51 Coonanbarra Road	Lot 1–13, Section 2, DP 6297; Lots 1–5 and 7, Section 3, DP 6297; Part of Lot 6, Section 3, DP 6297; Lots 8,9,11 and 21–23, DP 976471; Lot 1, DP 660899; Lot 1, DP 170208; 2 Drainage Reserves between Lots 12 and 22, DP 976471; Lots 5 and 6, Section 3, DP 6297	Local	I1104
Wahroonga	St John’s Uniting Church, Hall and Manse	61 Coonanbarra Road	Lot 1, DP 177977; Lot B, DP 366178	State	I890
Wahroonga	“Coonanbarra Shops”	62–66 Coonanbarra Road	Lot A, DP 401141	Local	I903
Wahroonga	Dwelling house	63–65 Coonanbarra Road	Lot 1, DP 933174	Local	I904
Wahroonga	Dwelling house	67 Coonanbarra Road	Lot 11, DP 838776	Local	I891
Wahroonga	Shops	68 Coonanbarra Road	Lots 77 and 78, DP 2666	Local	I892
Wahroonga	Dwelling house	71 Coonanbarra Road	Lots B and C, DP 346562	Local	I893
Wahroonga	Dwelling house	81A Coonanbarra Road	Lot 1, DP 543378	Local	I905
Wahroonga	Dwelling house	83 Coonanbarra Road	Lot 11, DP 610470	Local	I894
Wahroonga	Timber Cottages Group	99 Coonanbarra Road	Lot B, DP 434642	Local	I895
Wahroonga	Timber Cottages Group	120 Coonanbarra Road	Lot A, DP 321310	Local	I897
Wahroonga	Timber Cottages Group	122 Coonanbarra Road	Lot 1, DP 966050	Local	I898
Wahroonga	Dwelling house	125 Coonanbarra Road	Lot A, DP 300056	Local	I899
Wahroonga	Timber Cottages Group	126 Coonanbarra Road	Lot 1, DP 365320	Local	I900
Wahroonga	Timber Cottages Group	128 Coonanbarra Road	Lot 8, DP 263707	Local	I901
Wahroonga	Dwelling house	12 Cooper Crescent	Lot 2, DP 1045435	Local	I906
Wahroonga	Dwelling house	20 Cyrus Avenue	Lot 12, DP 9146	Local	I907
Wahroonga	“Chiddington”, dwelling house	155 Eastern Road	Lot 4, DP 516043	Local	I908
Wahroonga	“Wendover”, dwelling house	158 Eastern Road	Lots 11 and 12, DP 576352	Local	I909
Wahroonga	“Purulia”, dwelling house	16 Fox Valley Road	Lot 1, DP 564313	State	I912
Wahroonga	Mahratta	25 Fox Valley Road	Lot 1, DP 62488	State	I913
Wahroonga	Dwelling house	30 Fox Valley Road	Lot D, DP 371510	Local	I914
Wahroonga	Dwelling house	33 Fox Valley Road	Lot 1, DP 516382	Local	I915
Wahroonga	“Rothiemore”, dwelling house	35 Fox Valley Road	Lot 2, DP 322390	Local	I916
Wahroonga	“Aleuria”, dwelling house	38 Fox Valley Road	Lot 2, DP 11827	Local	I917
Wahroonga	Dwelling house	40 Fox Valley Road	Lots 31 and 32, DP 561970	Local	I918
Wahroonga	“Somerset”, dwelling house	47 Fox Valley Road	Lot A, DP 342137	Local	I919
Wahroonga	“West Tarring”, dwelling house	49 Fox Valley Road	Lot 2, DP 521799	Local	I920
Wahroonga	“Rarawai”, dwelling house	51 Fox Valley Road	Lot 2, DP 219209	Local	I921
Wahroonga	“Malnic House”, dwelling house	58 Fox Valley Road	Lot B, DP 369198	Local	I922
Wahroonga	“Grey Gunya”, dwelling house	62 Fox Valley Road	Lot 3, DP 815929	Local	I923
Wahroonga	Dwelling house	88 Fox Valley Road	Lot 15, DP 568694	Local	I924
Wahroonga	Dwelling house	97 Fox Valley Road	Lot 5, DP 14225	Local	I926
Wahroonga	Dwelling house	118 Fox Valley Road	Lots 3 and 3A, DP 22059	Local	I927
Wahroonga	Dwelling house	145 Fox Valley Road	Lot 2, DP 410875	Local	I928
Wahroonga	Seventh-Day Adventist administrative building, including interiors and front garden setting	148 Fox Valley Road	Part of Lot 621, DP 1128314		I929
Wahroonga	Dwelling house	3 Gilda Avenue	Lot 6, DP 6557	Local	I930
Wahroonga	Dwelling house	18 Gilda Avenue	Lot 1, DP 222052	Local	I931
Wahroonga	Dwelling house	1 Glenwood Close	Lot 2, DP 270618	Local	I932
Wahroonga	“Edelstein”, dwelling house	7 Grosvenor Street	Lot D, DP 330058	Local	I933
Wahroonga	“The Grange”, dwelling house	15 Grosvenor Street	Lot 3, DP 103114	Local	I934
Wahroonga	Dwelling house	16 Grosvenor Street	Lot 1, DP 539971	Local	I935
Wahroonga	“Nirvana”, dwelling house	18 Grosvenor Street	Lot 1, DP 972890; Lot 1, DP 1100118	Local	I936
Wahroonga	Dwelling house	28 Grosvenor Street	Lot B, DP 368669	Local	I937
Wahroonga	Dwelling house	31 Grosvenor Street	Lot 7, DP 16515	Local	I938
Wahroonga	Dwelling house	32 Grosvenor Street	Lot B, DP 363651	Local	I939
Wahroonga	“Grosvenor Cottage”, dwelling house	81 Grosvenor Street	Lot 10, DP 788934	Local	I940
Wahroonga	“Leicester”, dwelling house	82 Grosvenor Street	Lot 3, DP 30361	Local	I941
Wahroonga	Dwelling house	4 Illoura Avenue	Lot 3, DP 586458	Local	I942
Wahroonga	“Evatt House”, dwelling house	69 Junction Road	Lots 5, 6 and 7, DP 16071	State	I944
Wahroonga	“Bayllara”, dwelling house	98 Junction Road	Lot 7, Section 4, DP 3196	Local	I945
Wahroonga	Dwelling house	121 Junction Lane	Lot 4, DP 20488	Local	I946
Wahroonga	Dwelling house	9 Kintore Street	Lot B, DP 103138	Local	I947
Wahroonga	Dwelling house	16 Kintore Street	Lot B, DP 339896	Local	I948
Wahroonga	“Grantham”, dwelling house	38 Kintore Street	Lots 4 and 5, DP 22330	Local	I950
Wahroonga	Dwelling house	73 Kintore Street	Lot E, DP 390742	Local	I951
Wahroonga	Dwelling house	10 Kokoda Avenue	Lot 17, DP 31568	Local	I952
Wahroonga	“Bolton Grange”, dwelling house	21 Lucinda Avenue	Lot 92, DP 534261	Local	I953
Wahroonga	“Matakana”, dwelling house	28 Lucinda Avenue	Lot 1, DP 500695	Local	I955
Wahroonga	“Cullingral”, dwelling house	33 Lucinda Avenue	Lot 1, DP 549844	Local	I956
Wahroonga	“Mansfield”, dwelling house	41 Lucinda Avenue	Lot 87, DP 1212985	Local	I957
Wahroonga	“Shepley”, dwelling house	57A Lucinda Avenue	Lot 1, DP 1072664	Local	I961
Wahroonga	Dwelling house	97 Lucinda Avenue	Lot 8, DP 717501	Local	I958
Wahroonga	Dwelling house	108 Lucinda Avenue South	Lot 8, DP 403607	Local	I718
Wahroonga	“Mahratta”, dwelling house	1536 Pacific Highway	Lot 14, DP 810712	State	I964
Wahroonga	“Yaamba”, dwelling house	1544 Pacific Highway	Lot A, DP 354970	Local	I965
Wahroonga	Dwelling house	1548 Pacific Highway	Lot 4, DP 523216	Local	I966
Wahroonga	Dwelling house	1551 Pacific Highway	Lots 4, 5, 6, 11 and 12, DP 16715	Local	I967
Wahroonga	“Illilliwa”, dwelling house	1564 Pacific Highway	Lot C, DP 105749	Local	I968
Wahroonga	Dwelling house	1565 Pacific Highway	Lot 4, DP 229736	Local	I969
Wahroonga	Dwelling house	1566 Pacific Highway	Lot B, DP 105749	Local	I970
Wahroonga	“Rosemorran”, dwelling house	1574 Pacific Highway	Lot 1, DP 315957	Local	I971
Wahroonga	Gateposts to the former “Estha”, dwelling house	1614–1634 Pacific Highway	Lot 102, DP 1034668	Local	I976
Wahroonga	Sydney Water Reservoir—Wahroonga	1635 Pacific Highway	Lots 1, 2 and 3, DP 724489	Local	I972
Wahroonga	Vindin House in Abbotsleigh College	1670 Pacific Highway	Lots 6 and 7, DP 3312	Local	I973
Wahroonga	Sydney Water Reservoir—Wahroonga	1678 Pacific Highway	Lot 1, DP 780432	State	I974
Wahroonga	Lynton House in Abbotsleigh College	1712 Pacific Highway	Lot 9, DP 455905	Local	I975
Wahroonga	Inter-war Shops	1–5 Railway Avenue	Lots 2, 3 and 4, DP 202677	Local	I981
Wahroonga	Red Leaf Chambers	2 Railway Avenue	Lots 1 and 2, DP 726590	Local	I977
Wahroonga	Federation Queen Anne Style Terrace Shops	9A–17 Railway Avenue	Lot D, DP 400881	Local	I982
Wahroonga	Commercial building	11 Railway Avenue	Lot C, DP 400881	Local	I978
Wahroonga	Commercial building	15 Railway Avenue	Lot B, DP 400881	Local	I979
Wahroonga	Commercial building	17 Railway Avenue	Lot A, DP 400881	Local	I980
Wahroonga	Simpson-Lee House I	23 Roland Avenue	Lot B, DP 397638	State	I983
Wahroonga	“Lucania”, dwelling house	1 Stuart Street	Lot 1, DP 726603	Local	I984
Wahroonga	Dwelling house	3 Stuart Street	Lot 1, DP 900441	Local	I985
Wahroonga	“Cedar Bank”, dwelling house	7 Stuart Street	Lot 1, DP 582063	Local	I986
Wahroonga	Presbyterian Church and Hall	14 Stuart Street	Lot 1, DP 201102	Local	I987
Wahroonga	The Broadway	32 The Broadway	Lot 476, DP 14590	Local	I1101
Wahroonga	Dwelling house	11 The Glade	Lot 15, DP 17961	Local	I988
Wahroonga	“Fairacre”, dwelling house	10 Wahroonga Avenue	Lot 11, DP 871375	Local	I990
Wahroonga	Wahroonga Railway Station Group	1 Warwilla Avenue	Lot 2076, DP 1133894	State	I991
Wahroonga	Dwelling house	10 Warwilla Avenue	Lot A, DP 384719	Local	I992
Wahroonga	Dwelling house	12 Warwilla Avenue	Lot 1, DP 947447 and Lot 2, DP 944139	Local	I993
Wahroonga	Dwelling house	1 Water Street	Lot 1, DP 726124	Local	I994
Wahroonga	St Andrew’s Church Manse	2 Water Street	Lot B, DP 339202	Local	I995
Wahroonga	Dwelling house	4–6 Water Street	Lot B, DP 320316; Lot 6, Section 1, DP 2914	Local	I1004
Wahroonga	Dwelling house	9A Water Street	Lot 3, DP 228357	Local	I1006
Wahroonga	“Greystanes”, dwelling house	10A Water Street	Lot 10, DP 806014	Local	I1005
Wahroonga	“Oakland”, dwelling house	17 Water Street	Lot 2, DP 316971	Local	I997
Wahroonga	Dwelling house	22 Water Street	Lot A, DP 410151	Local	I998
Wahroonga	Dwelling house	26 Water Street	Lot 1, DP 530336	Local	I999
Wahroonga	“The Gatehouse”, dwelling house	29 Water Street	Lot 4, DP 11230	Local	I1000
Wahroonga	Dwelling house	31 Water Street	Lot 1, DP 216356	Local	I1001
Wahroonga	“Rippon Grange” house, grounds and associated buildings	35 Water Street	Lots 1 and 2, DP 375262	Local	I1002
Wahroonga	Dwelling house	46 Water Street	Lot 1, DP 1128187	Local	I1003
Wahroonga	Cottage	8 Woniora Avenue	Lot 90A, DP 339613	Local	I1007
Wahroonga	“Redleaf”, dwelling house and grounds	28–30 Woodville Avenue	Lot 4, DP 16893; Lots 1 and 2, DP 746487; Lot 12, DP 615524	Local	I1008
Wahroonga	Dwelling house	3 Woonona Avenue	Lot B, DP 420513	Local	I1009
Wahroonga	“Warrina”, dwelling house	8 Woonona Avenue	Lot 2, DP 218874	Local	I1010
Wahroonga	“The Briars”, dwelling house	14 Woonona Avenue	Lot 1, DP 529626	State	I1011
Wahroonga	Dwelling house	17A Woonona Avenue	Lot 14, DP 854605	Local	I1013
Wahroonga	“Poole House”	24 Woonona Avenue	Lot 1, DP 1004733	Local	I1012
Warrawee	Dwelling house	3 Bangalla Street	Lot 5, DP 226719	Local	I1014
Warrawee	Dwelling house	12 Bangalla Street	Lot A, DP 387220	Local	I1015
Warrawee	Dwelling house	16–18 Bangalla Street	Lot 1, DP 186801	Local	I1024
Warrawee	Dwelling house	23 Bangalla Street	Lot 1, DP 528872	Local	I1017
Warrawee	“Rathven”, dwelling house	29 Bangalla Street	Lot B, DP 338282	Local	I1018
Warrawee	“Cobbins”, dwelling house	30 Bangalla Street	Lot A, DP 332766	Local	I1019
Warrawee	Dwelling house	33A Bangalla Street	Lot 1, DP 1081404	Local	I1026
Warrawee	Dwelling house	34 Bangalla Street	Lot A, DP 380921	Local	I1020
Warrawee	“Audley”, dwelling house	37 Bangalla Street	Lot X, DP 414426	Local	I1021
Warrawee	Dwelling house	42 Bangalla Street	Lot A, DP 392481	Local	I1022
Warrawee	Dwelling house	44 Bangalla Street	Lot 1, DP 321988	Local	I1023
Warrawee	Dwelling house	22 Blytheswood Avenue	Lot B, DP 387062	Local	I1027
Warrawee	Dwelling house	2 Borambil Street	Lots 13 and 14, DP 16271	Local	I1028
Warrawee	Dwelling house	41 Brentwood Avenue	Lot 11, DP 660870	Local	I1029
Warrawee	Dwelling house	49 Cherry Street	Lot 2, DP 366575	Local	I1030
Warrawee	“Amberley”, dwelling house	35 Chilton Parade	Lot 2, DP 102562	Local	I1032
Warrawee	“Exley House”, dwelling house and interior	27 Finlay Road	Lot 5B, Section 2, DP 978020	Local	I1025
Warrawee	“Blytheswood”, dwelling house	29 Finlay Road	Lot 5C, DP 978020	Local	I1033
Warrawee	Dwelling house	51 Finlay Road	Lot C, DP 415439; Lot X, 412570; Lot 8, DP 663529; Lot 2, DP 526913	Local	I1034
Warrawee	Dwelling house	8 Gladstone Avenue	Lot B, DP 416799	Local	I1035
Warrawee	Dwelling house	20 Harrington Avenue	Lot 2, DP 554264	Local	I1036
Warrawee	Dwelling house	20 Hastings Road	Lot 1, DP 527207	Local	I1037
Warrawee	Dwelling house	22 Hastings Road	Lot 1, DP 166594; Lot 2, DP 960969; Lot 1, DP 772740	Local	I1038
Warrawee	Dwelling house	33 Hastings Road	Lot 20, DP 655440	Local	I1039
Warrawee	Dwelling house	34 Hastings Road	Lot 3, DP 9045	Local	I1040
Warrawee	Dwelling house	36 Hastings Road	Lot 2, DP 9045	Local	I1041
Warrawee	Dwelling house	39 Hastings Road	Lot B, DP 322995	Local	I1042
Warrawee	Dwelling house	42 Hastings Road	Lot 41, DP 540866	Local	I1043
Warrawee	Dwelling house	43 Hastings Road	Lot A, DP 310037	Local	I1044
Warrawee	Dwelling house	44 Hastings Road	Lot 100, DP 236140	Local	I1045
Warrawee	“Cheddington”, dwelling house	52 Hastings Road	Lot 1, DP 552146; Lot 3, DP 552146	Local	I1046
Warrawee	“Mandalay”, dwelling house	52A Hastings Road	Lot C, DP 329764	Local	I1051
Warrawee	Dwelling house	54 Hastings Road	Lot A, DP 326459	Local	I1047
Warrawee	Dwelling house	55 Hastings Road	Lot 10, DP 1061355	Local	I1048
Warrawee	“Rivenhall”, dwelling house	59 Hastings Road	Lot 1, DP 305325	Local	I1049
Warrawee	“Wirepe”, dwelling house	69 Hastings Road	Lot 1, DP 581056	Local	I1050
Warrawee	Dwelling house	2 Heydon Avenue	Lot 5, DP 1146693	Local	I1052
Warrawee	“Marlborough”, dwelling house	9 Heydon Avenue	Lot A, DP 394512	Local	I1053
Warrawee	“Reaycroft”, dwelling house	17 Heydon Avenue	Lot A, DP 153773	Local	I1054
Warrawee	“Chantreys”, dwelling house	32 Heydon Avenue	Lot 1, DP 849368	Local	I1055
Warrawee	Dwelling house	34 Heydon Avenue	Lot 1, DP 16271; Lot 2, DP 16271	Local	I1056
Warrawee	“Inglewood”, dwelling house	1485 Pacific Highway	Lot 11, DP 1009885	Local	I1059
Warrawee	“Lianphil”, dwelling house	1 Pibrac Avenue	Lot A, DP 333398	Local	I1060
Warrawee	Dwelling house	2A Pibrac Avenue	Lot 11, DP 1061355	Local	I1069
Warrawee	Dwelling house	2B Pibrac Avenue	Lot 12, DP 1061355	Local	I1070
Warrawee	Dwelling house	5 Pibrac Avenue	Lot 2, DP 521406	Local	I1061
Warrawee	Dwelling house	6 Pibrac Avenue	Lot 1, DP 606909	Local	I1062
Warrawee	“Pibrac”, dwelling house	11 Pibrac Avenue	Lot 2, DP 529948	Local	I1064
Warrawee	Dwelling house	17 Pibrac Avenue	Lot 1, DP 579744	Local	I1065
Warrawee	Dwelling house	19 Pibrac Avenue	Lot 1, DP 547704	Local	I1066
Warrawee	“Virginia Lodge” (formerly Roseland), dwelling house	23 Pibrac Avenue	Lot B, DP 102621	Local	I1067
Warrawee	Dwelling house	25 Pibrac Avenue	Lot X, DP 391297	Local	I1068
Warrawee	Warrawee Railway Station Group	Warrawee Avenue	Part of Lot 100, DP 1169206	Local	I1105
Warrawee	Dwelling house	1 Warrawee Avenue	Lot 1, DP 561255	Local	I1072
Warrawee	Dwelling house	4 Warrawee Avenue	Lot C, DP 392481	Local	I1073
Warrawee	“Rowardennan” (formerly Lyndon Lodge), dwelling house	5 Warrawee Avenue	Lot 22, DP 534349	Local	I1074
Warrawee	“Maiala”, dwelling house	7 Warrawee Avenue	Lot 1, DP 578919	Local	I1075
Warrawee	“Wichita”, dwelling house	10 Warrawee Avenue	Part of Lot A, DP 321080	Local	I1076
Warrawee	Dwelling house	11 Warrawee Avenue	Lots 3 and 4, DP 578919	Local	I1077
Warrawee	Dwelling house	14 Warrawee Avenue	Lot B, DP 965738	Local	I1078
Warrawee	Dwelling house	16 Warrawee Avenue	Lot 122, DP 771583	Local	I1079
Warrawee	Dwelling house	18 Warrawee Avenue	Lot 121, DP 771583	Local	I1080
Warrawee	Dwelling house	22 Warrawee Avenue	Lot 1, DP 1042030	Local	I1081
Warrawee	Dwelling house	2 Winton Street	Lot 15, DP 4177	Local	I1082
Warrawee	“Tarawa”, dwelling house	4 Winton Street	Lot 14, DP 4177	Local	I1083
Warrawee	Dwelling house	6 Winton Street	Lot 13, DP 4177	Local	I1084
Warrawee	Dwelling house	7 Winton Street	Lot 12, DP 607671	Local	I1085
Warrawee	Dwelling house	2 Yosefa Avenue	Lot 1, DP 13062	Local	I1086
Warrawee	Dwelling house	3 Yosefa Avenue	Lot 7, DP 13062	Local	I1087
Warrawee	Dwelling house	4 Yosefa Avenue	Lot 2, DP 13062; Lot A, DP 398061	Local	I1088
Warrawee	Dwelling house	5 Yosefa Avenue	Lot 8, DP 13062	Local	I1089
Warrawee	Dwelling house	7 Yosefa Avenue	Lot 9, DP 13062	Local	I1090
Warrawee	“Villa Marie”, dwelling house	8 Yosefa Avenue	Lot 4, DP 13062	Local	I1091
Warrawee	Dwelling house	9 Yosefa Avenue	Lot 10, DP 13062	Local	I1092
Warrawee	“Santos”, dwelling house	11 Yosefa Avenue	Lots 11 and 12, DP 13062	Local	I1093
Warrawee	Dwelling house	2 Young Street	Lot 6, DP 18087	Local	I1094
West Pymble	“Watters House”, dwelling house	19 Binalong Street	Lot 36, DP 27929	Local	I1095
West Pymble	Bicentennial Park (former quarry)	2 Lofberg Road	Lot 8, 9, 10 and 11, DP 230332; Lot 1, DP 214246; Lot 4, DP 218537; Lot 6, DP 221409	Local	I1096

Part 2 Heritage conservation areas

Description	Identification on Heritage Map	Significance
Archbold Farms Conservation Area	Shown by red hatching and labelled “C34”	Local
Bobbin Head Road Conservation Area	Shown by red hatching and labelled “C41”	Local
Clanville Conservation Area	Shown by red hatching and labelled “C32”	Local
Crown Blocks Conservation Area	Shown by red hatching and labelled “C22”	Local
Earl of Canarvon Conservation Area	Shown by red hatching and labelled “C33”	Local
Fernwalk Conservation Area	Shown by red hatching and labelled “C9”	Local
Frances Street Conservation Area	Shown by red hatching and labelled “C30”	Local
Garden of Roseville Estate Conservation Area	Shown by red hatching and labelled “C37”	Local
Gordon Park Estate, Mcintosh and Ansell Conservation Area	Shown by red hatching and labelled “C15”	Local
Gordondale Estate Conservation Area	Shown by red hatching and labelled “C12”	Local
Greengate Estate Conservation Area	Shown by red hatching and labelled “C20”	Local
Heydon Avenue, Warrawee and Woodville Avenue, Wahroonga Conservation Area	Shown by red hatching and labelled “C2”	Local
Ku-ring-gai Avenue Conservation Area	Shown by red hatching and labelled “C6A”	Local
Lindfield West Conservation Area	Shown by red hatching and labelled “C30A”	Local
Love Estate, Thorne Grant Conservation Area	Shown by red hatching and labelled “C14”	Local
Lynwood Avenue Conservation Area	Shown by red hatching and labelled “C23”	Local
Mahratta Conservation Area	Shown by red hatching and labelled “C4”	Local
Marian Street Conservation Area	Shown by red hatching and labelled “C24”	Local
Middle Harbour Road, Lindfield Conservation Area	Shown by red hatching and labelled “C42”	Local
Mona Vale Road Conservation Area	Shown by red hatching and labelled “C43”	Local
Oliver Grant Conservation Area	Shown by red hatching and labelled “C26”	Local
Orinoco Street Conservation Area	Shown by red hatching and labelled “C10A”	Local
Pymble Avenue Conservation Area	Shown by red hatching and labelled “C11”	Local
Pymble Heights Conservation Area	Shown by red hatching and labelled “C8A”	Local
Roberts Grant Conservation Area	Shown by red hatching and labelled “C13”	Local
Shirley Road Conservation Area	Shown by red hatching and labelled “C38”	Local
Smith Grant Conservation Area	Shown by red hatching and labelled “C19”	Local
Springdale Conservation Area	Shown by red hatching and labelled “C21”	Local
St Johns Avenue Conservation Area	Shown by red hatching and labelled “C16A”	Local
Stanhope Road Conservation Area	Shown by red hatching and labelled “C25A”	Local
Telegraph Road Conservation Area	Shown by red hatching and labelled “C44”	Local
Wahroonga Conservation Area	Shown by red hatching and labelled “C1”	Local
Warrawee Conservation Area	Shown by red hatching and labelled “C3”	Local

sch 5: Am 2015 (157), cl 5; 2015 (188), cl 5; 2015 (743), cl 5; 2016 (222), cl 5; 2016 (223), cl 5; 2016 (432), cl 5; 2016 (635), Sch 1 [1]–[4]; 2016 (704), cl 5; 2017 (744), cl 5; 2018 (12), Sch 1 [2]; 2018 (345), cl 5; 2018 (432), cl 5; 2019 (376), Sch 1 [2]; 2019 (490), Sch 1; 2021 (204), cl 5.

Schedule 6 Pond-based and tank-based aquaculture

(Clause 5.19)

Part 1 Pond-based and tank-based aquaculture

Division 1 Site location requirements

1 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—

(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,

(b)  land declared as a marine park under the Marine Estate Management Act 2014.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

Division 2 Operational requirements

2 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

3 Pond-based aquaculture that is also intensive aquaculture—pond design

For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.

4 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges

For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.

5 Outlets from culture ponds etc

All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.

6 Definition

In this Division—

intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.

Part 2 Extensive pond-based aquaculture

Division 1 Site location requirements

7 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

8 Flood liability

Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.

Division 2 Operational requirements

9 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

10 Pond design

(1)  Must not require the construction of new ponds, water storages, dams or buildings.

(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.

(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.

11 Culture water

Must use freshwater.

Dictionary

(Clause 1.4)

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.

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.

Acid Sulfate Soils Map means the Ku-ring-gai Local Environmental Plan 2015 Acid Sulfate Soils Map.

Additional Permitted Uses Map means the Ku-ring-gai Local Environmental Plan 2015 Additional Permitted Uses Map.

advertisement has the same meaning as in the Act.

Note—

The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.

advertising structure has the same meaning as in the Act.

Note—

The term is defined as a structure used or to be used principally for the display of an advertisement.

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. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.

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.

artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—

(a)  a retail area for the sale of the products,

(b)  a restaurant or cafe,

(c)  facilities for holding tastings, tours or workshops.

Note—

See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.

Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.

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 or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.

Biodiversity Map means the Ku-ring-gai Local Environmental Plan 2015 Biodiversity Map.

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—

(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,

including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but 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.

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 10.3(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.

centre-based child care facility means—

(a)  a building or place used for the education and care of children that provides any one or more of the following—

(i)  long day care,

(ii)  occasional child care,

(iii)  out-of-school-hours care (including vacation care),

(iv)  preschool care, or

(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),

Note—

An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.

but does not include—

(c)  a building or place used for home-based child care or school-based child care, or

(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or

(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

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.

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 Part 5A of the Local Land Services Act 2013.

clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

coastal hazard has the same meaning as in the Coastal Management Act 2016.

coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.

coastal protection works has the same meaning as in the Coastal Management Act 2016.

coastal waters of the State—see section 58 of the Interpretation Act 1987.

coastal zone has the same meaning as in the Coastal Management Act 2016.

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 Ku-ring-gai 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.

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 generally feed by grazing on living grasses and other plants on the land and 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.

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.

early education and care facility means a building or place used for the education and care of children, and includes any of the following—

(a)  a centre-based child care facility,

(b)  home-based child care,

(c)  school-based child care.

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—

(a)  making or generating electricity, or

(b)  electricity storage.

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 (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,

(c)  bee keeping,

(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.

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, but does not include a poultry farm, dairy or pig farm.

Note—

Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms 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 Ku-ring-gai Local Environmental Plan 2015 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,

(d)  a small bar.

Note—

Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.

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 include a restaurant or cafe and the sale of any of 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 Ku-ring-gai Local Environmental Plan 2015 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 Public Service agency 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 Ku-ring-gai Local Environmental Plan 2015 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 family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).

home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a)  the employment of more than 2 persons other than the residents,

(b)  interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,

(d)  the exhibition of signage, other than a business identification sign,

(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

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 an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a)  the employment of more than 2 persons other than the residents,

(b)  interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,

(d)  the exhibition of signage, other than a business identification sign,

(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

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 (other than an artisan food and drink 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, sheep or other livestock, and includes any of the following—

(a)  dairies (restricted),

(b)  feedlots,

(c)  pig farms,

(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 Ku-ring-gai Local Environmental Plan 2015 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 Ku-ring-gai Local Environmental Plan 2015 Land Application Map.

Land Reservation Acquisition Map means the Ku-ring-gai Local Environmental Plan 2015 Land Reservation Acquisition Map.

Land Zoning Map means the Ku-ring-gai Local Environmental Plan 2015 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,

(c)  artisan food and drink 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 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.

local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.

Note—

Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.

Lot Size Map means the Ku-ring-gai Local Environmental Plan 2015 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 Part 5A of the Local Land Services Act 2013.

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 neighbourhood supermarkets or 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.

neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.

Note—

See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.

Neighbourhood supermarkets 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.

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.

oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.

Note—

Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.

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.

pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.

Note—

Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

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.

pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.

Note—

Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.

port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c)  wharves for commercial fishing operations,

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e)  sea walls or training walls,

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.

Note—

Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

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 mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).

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.

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 Public Service agency 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, Public Service agency, 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)    (Repealed)

(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,

(la)  specialised retail premises,

(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.

Riparian Lands and Watercourses Map means the Ku-ring-gai Local Environmental Plan 2015 Riparian Lands and Watercourses Map.

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.

school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.

Note—

Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.

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

(b)  a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, 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 and neighbourhood supermarket, 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.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note—

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

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.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—

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

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

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note—

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

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.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note—

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

Terrestrial Biodiversity Map means the Ku-ring-gai Local Environmental Plan 2015 Terrestrial Biodiversity Map.

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, and includes local distribution premises.

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 and dosing facilities.

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.

Dictionary: Am 2019 (376), Sch 1 [3].