Hornsby Local Environmental Plan 2013



Part 1 Preliminary
1.1   Name of Plan
This Plan is Hornsby Local Environmental Plan 2013.
1.1AA   Commencement
This Plan commences 14 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 Hornsby 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 facilitate development that creates—
(i)  progressive town centres, thriving rural areas and abundant recreation spaces connected by efficient infrastructure and transport systems, and
(ii)  a well-planned area with managed growth to provide for the needs of future generations and people enriched by diversity of cultures, the beauty of the environment and a strong economy,
(b)  to guide the orderly and sustainable development of Hornsby, balancing its economic, environmental and social needs,
(c)  to permit a mix of housing types that provide for the future housing needs of the community near employment centres, transport nodes and services,
(d)  to permit business and industrial development that meets the needs of the community near housing, transport and services, and is consistent with and reinforces the role of centres within the subregional commercial centres hierarchy,
(e)  to maintain and protect rural activities, resource lands, rural landscapes and biodiversity values of rural areas,
(f)  to provide a range of quality passive and active recreational areas and facilities that meet the leisure needs of both the local and regional community,
(g)  to facilitate the equitable provision of community services and cultural opportunities to promote the well being of the population of Hornsby,
(h)  to protect and enhance the scenic and biodiversity values of environmentally sensitive land, including bushland, river settlements, river catchments, wetlands and waterways,
(i)  to protect and enhance the heritage of Hornsby, including places of historic, aesthetic, architectural, natural, cultural and Aboriginal significance,
(j)  to minimise risk to the community in areas subject to environmental hazards, including flooding and bush fires.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a)  approved by the 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.
Note—
The following local environmental plans are repealed under this provision—
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A   Savings provisions relating to development applications
(1)  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.
(2)  If a development application has been made before the commencement of Hornsby Local Environmental Plan 2013 (Amendment No 11) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
(3)  An amendment made to this plan by Parramatta Local Environmental Plan Amendment (Epping Town Centre) 2021 does not apply to a development application made but not finally determined before the commencement of the amendment.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (707), Sch 1[1]; 2021 (470), Sch 2[1] [2].
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—
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—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
B6 Enterprise Corridor
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN4 Working Waterfront
Special Purpose Zones
SP2 Infrastructure
SP3 Tourist
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
W2 Recreational 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. (See, in particular, clauses 5.7, 5.8 and 5.10.)
cl 2.3: Am 2020 (501), Sch 2.4.
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 28 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2016 (633), Sch 1 [1]–[3]; 2017 (493), Sch 1.1 [1] [2]; 2017 (560), Sch 1 [1]–[4]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3.
Zone RU1   Primary Production
1   Objectives of zone
  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
  To encourage diversity in primary industry enterprises and systems appropriate for the area.
  To minimise the fragmentation and alienation of resource lands.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
  To encourage land uses that support primary production, including low-scale and low-intensity tourist and visitor accommodation and the provision of farm produce direct to the public.
  To ensure that development does not unreasonably increase the demand for public infrastructure, services or facilities.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Group homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water reticulation systems; Water storage facilities
4   Prohibited
Backpackers’ accommodation; Hotel or motel accommodation; Livestock processing industries; Sawmill or log processing works; Serviced apartments; Any other development not specified in item 2 or 3
Zone RU2   Rural Landscape
1   Objectives of zone
  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
  To maintain the rural landscape character of the land.
  To provide for a range of compatible land uses, including extensive agriculture.
  To encourage land uses that support primary industry, including low-scale and low-intensity tourist and visitor accommodation and the provision of farm produce direct to the public.
  To ensure that development does not unreasonably increase the demand for public infrastructure, services or facilities.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Garden centres; Group homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water reticulation systems; Water storage facilities
4   Prohibited
Backpackers’ accommodation; Hotel or motel accommodation; Livestock processing industries; Sawmill or log processing works; Serviced apartments; Stock and sale yards; Any other development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
  To enable sustainable primary industry and other compatible land uses.
  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
  To encourage land uses that support primary production, including low-scale and low-intensity tourist and visitor accommodation and the provision of farm produce direct to the public.
  To ensure that development does not unreasonably increase the demand for public infrastructure, services or facilities.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Garden centres; Group homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water reticulation systems; Water storage facilities
4   Prohibited
Backpackers’ accommodation; Hotel or motel accommodation; Livestock processing industries; Sawmill or log processing works; Serviced apartments; Stock and sale yards; Any other development not specified in item 2 or 3
Zone RU5   Village
1   Objectives of zone
  To provide for a range of land uses, services and facilities that are associated with a rural village.
  To provide for the housing needs of the rural community within a village environment.
  To permit low-scale, low-intensity development that does not unreasonably increase the demand for public infrastructure, services or facilities.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Flood mitigation works; Group homes; Home-based child care; Home businesses; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Schools; Secondary dwellings; Shop top housing; Take away food and drink premises; Tank-based aquaculture; Tourist and visitor accommodation; Water reticulation systems
4   Prohibited
Backpackers’ accommodation; Farm stay accommodation; Hotel or motel accommodation; Pond-based aquaculture Serviced apartments; Any other 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.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Emergency services facilities; Exhibition homes; Flood mitigation works; Group homes; Home-based child care; Home businesses; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water reticulation systems
4   Prohibited
Backpackers’ accommodation; Farm stay accommodation; Hotel or motel accommodation; Serviced apartments; Any other 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.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Flood mitigation works; Group homes; Home-based child care; Home occupations; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture; Water reticulation systems
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.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Flood mitigation works; Home-based child care; Home occupations; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Shop top housing; Water reticulation systems
4   Prohibited
Pond-based aquaculture; Tank-based aquaculture; 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
Environmental protection works
3   Permitted with consent
Attached dwellings; Building identification signs; Business identification signs; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Group homes; Health consulting rooms; Medical centres; Multi dwelling housing; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Residential flat buildings; 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; 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; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Passenger transport facilities; Pond-based aquaculture Pubs; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Sewage treatment plants; Sex services premises; Signage; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; 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.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Group homes; Hostels; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; 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; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B3   Commercial Core
1   Objectives of zone
  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
  To encourage appropriate employment opportunities in accessible locations.
  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Group homes; 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; 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; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; 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
Environmental protection works
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hostels; Hotel or motel accommodation; 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; 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; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B5   Business Development
1   Objectives of zone
  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Centre-based child care facilities; Food and drink premises; Garden centres; Group homes; Hardware and building supplies; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Respite day care centres; Roads; Shop top housing; Specialised retail premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; 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; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Research stations; Residential accommodation; Resource recovery facilities; Retail premises; Rural industries; Sewage treatment plants; Sex services premises; Tourist and visitor accommodation; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B6   Enterprise Corridor
1   Objectives of zone
  To promote businesses along main roads and to encourage a mix of compatible uses.
  To provide a range of employment uses (including business, office, retail and light industrial uses).
  To maintain the economic strength of centres by limiting retailing activity.
  To provide for residential uses, but only as part of a mixed use development.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Business premises; Community facilities; Food and drink premises; Garden centres; Group homes; Hardware and building supplies; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Roads; Shop top housing; Specialised retail premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Water reticulation systems; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; 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; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Research stations; Residential accommodation; Resource recovery facilities; Retail premises; Rural industries; Serviced apartments; Sewage treatment plants; Sex services premises; Truck depots; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone IN1   General Industrial
1   Objectives of zone
  To provide a wide range of industrial and warehouse land uses.
  To encourage employment opportunities.
  To minimise any adverse effect of industry on other land uses.
  To support and protect industrial land for industrial uses.
  To permit other land uses that provide facilities or services to meet the day-to-day needs of workers in the area.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Agricultural produce industries; Building identification signs; Business identification signs; Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Kiosks; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Sawmill or log processing works; 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; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Signage; Tourist and visitor accommodation; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone IN2   Light Industrial
1   Objectives of zone
  To provide a wide range of light industrial, warehouse and related land uses.
  To encourage employment opportunities and to support the viability of centres.
  To minimise any adverse effect of industry on other land uses.
  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
  To support and protect industrial land for industrial uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Agricultural produce industries; Building identification signs; Business identification signs; Depots; Food and drink premises; Garden centres; Hardware and building supplies; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Roads; Rural supplies; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; 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; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Health services facilities; Highway service centres; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Signage; Tourist and visitor accommodation; Truck depots; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone IN4   Working Waterfront
1   Objectives of zone
  To retain and encourage waterfront industrial and maritime activities.
  To identify sites for maritime purposes and for activities that require direct waterfront access.
  To ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore.
  To encourage employment opportunities.
  To minimise any adverse effect of development on land uses in other zones.
  To accommodate the retail, commercial, service and social needs of the community that uses the Hawkesbury River and its tributaries.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Building identification signs; Business identification signs; Business premises; Food and drink premises; Group homes; Health consulting rooms; Jetties; Kiosks; Light industries; Medical centres; Neighbourhood shops; Office premises; Roads; Shop top housing; 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; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Educational establishments; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; Helipads; Home businesses; Home occupations (sex services); Highway service centres; Industries; Mooring pens; Moorings; Mortuaries; Open cut mining; Places of public worship; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water supply systems; Wholesale supplies
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
Environmental protection works; Roads; Water reticulation systems
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 SP3   Tourist
1   Objectives of zone
  To provide for a variety of tourist-oriented development and related uses.
  To enable low-density housing that does not unreasonably impact on tourist-oriented development.
  To enable low-scale, low-intensity development that does not unreasonably increase the demand for public infrastructure, services or facilities.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Group homes; Home-based child care; Home businesses; Information and education facilities; Marinas; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Tourist and visitor accommodation; Water reticulation systems
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 and maintain areas of bushland that have ecological value.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Kiosks; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Water reticulation 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
Environmental protection works
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Water reticulation 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.
  To maintain and improve water quality in the Hawkesbury River.
2   Permitted without consent
Nil
3   Permitted with consent
Environmental facilities; Environmental protection works; Flood mitigation works; Jetties Oyster aquaculture
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
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.
  To protect the natural environment of steep lands and floodplains within the catchment of the Hawkesbury River.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Building identification signs; Business identification signs; Dwelling houses; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Group homes; Home-based child care; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Roads; Tank-based aquaculture; Tourist and visitor accommodation; Water reticulation systems; Water storage facilities
4   Prohibited
Backpackers’ accommodation; Hotel or motel accommodation; Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; 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 permit development that is compatible with the character, infrastructure capacity and access limitations of the area.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Building identification signs; Business identification signs; Dwelling houses; Flood mitigation works; Group homes; Home-based child care; Oyster aquaculture; Pond-based aquaculture; Roads; Tank-based aquaculture; Tourist and visitor accommodation; Water reticulation systems
4   Prohibited
Backpackers’ accommodation; Farm stay accommodation; Hotel or motel accommodation; Industries; Service stations; Serviced apartments; 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 provide for a limited range of development that facilitates access to the waterways.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture Boat launching ramps; Environmental facilities; Jetties; Moorings; Water recreation structures; Water reticulation systems
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
Zone W2   Recreational Waterways
1   Objectives of zone
  To protect the ecological, scenic and recreation values of recreational waterways.
  To allow for water-based recreation and related uses.
  To provide for sustainable fishing industries and recreational fishing.
  To provide for a range of development that facilitates access to the waterways.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Environmental facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Water recreation structures; Water reticulation systems
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Seniors housing; 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.
(e)    (Repealed)
(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.
(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 provide for the subdivision of land at a density that is appropriate for the site constraints, development potential and infrastructure capacity of the land,
(b)  to ensure that lots are of a sufficient size to accommodate development.
(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)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
(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.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to provide for the subdivision of land under a community title scheme at a density that is appropriate for the site constraints, development potential and infrastructure capacity of the land,
(b)  to ensure that community title lots are of a sufficient size to accommodate development.
(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 RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R2 Low Density Residential,
(f)  Zone SP3 Tourist,
(g)  Zone E2 Environmental Conservation,
(h)  Zone E3 Environmental Management,
(i)  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.
(3A)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
(4)  This clause applies despite clause 4.1.
4.1A   Minimum subdivision lot size for strata plan schemes in certain zones
(1)  The objective of this clause is 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 land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R2 Low Density Residential,
(f)  Zone SP3 Tourist,
(g)  Zone E2 Environmental Conservation,
(h)  Zone E3 Environmental Management,
(i)  Zone E4 Environmental Living.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
(4)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
4.1B   Minimum lot size for certain split zone lots
(1)  The objectives of this clause are as follows—
(a)  to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clauses 4.1, 4.1AA or 4.1A,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in a rural, residential, business, industrial, special purpose or recreation zone, and
(b)  land in Zone E2 Environmental Conservation or Zone E3 Environmental Management.
(3)  Despite clauses 4.1, 4.1AA and 4.1A, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)  each resulting lot containing land in both a relevant rural zone (being Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone RU4 Primary Production Small Lots) and Zone E3 Environmental Management) will have—
(i)  an area that is not less than the minimum lot size shown on the Lot Size Map in relation to the land in the relevant rural zone, and
(ii)  at least 20% of the land in the relevant rural zone, and
(b)  each resulting lot containing land in both Zone RU5 Village or a residential, business, industrial, special purpose or recreation zone and Zone E2 Environmental Conservation or Zone E3 Environmental Management will have—
(i)  an area that is not less than the minimum lot size shown on the Lot Size Map in relation to the land in Zone RU5 Village or the residential, business, industrial, special purpose or recreation zone, and
(ii)  all of the land that was in the original lot in relation to the land in Zone E2 Environmental Conservation or Zone E3 Environmental Management, and
(c)  all other resulting lots will contain land that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to that land.
cl 4.1B: Am 2016 (633), Sch 1 [4].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
Note—
When this Plan was made it did not include all of these zones.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to permit a height of buildings that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to permit development of a bulk and scale that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.
(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 residential accommodation in an area specified in Column 1 of the Table to this subclause and identified on the Floor Space Ratio Map must not exceed the ratio specified opposite in Column 2 of the Table.
Column 1
Column 2
Area
Floor space ratio
Area 1
2:1
Area 2
2:1
Area 3
1:1
Area 6
0.6:1
Area 7
3:1
(2B)    (Repealed)
(2C)  Despite subclause (2), the floor space ratio for development on land identified as “Area 5” on the Floor Space Ratio Map may exceed the floor space ratio shown for the land on the Floor Space Ratio Map if the development is for the purposes of—
(a)  shop top housing, and
(b)  any other land use permitted in the zone, other than residential accommodation, that comprises a floor space ratio of at least 0.5:1.
(2D)  Despite subclause (2), the floor space ratio for development on land identified as “Area 8” on the Floor Space Ratio Map may exceed the floor space ratio shown for the land on the Floor Space Ratio Map if the development is for the purposes of—
(a)  shop top housing, and
(b)  any other land use permitted in the zone, other than residential accommodation, that comprises a floor space ratio of at least 1:1.
cl 4.4: Am 2014 (112), Sch 1 [1]; 2014 (804), cl 5.
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 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.
(8A)  This clause does not allow development consent to be granted for development that would contravene clause 4.4 for a building on land in Zone B2 Local Centre within the Epping Town Centre, identified as “Area 9” on the Floor Space Ratio Map for the following purposes—
(a)  boarding houses,
(b)  group homes,
(c)  hostels,
(d)  shop top housing,
(e)  tourist and visitor accommodation,
(f)  a mixed use development comprising a combination of uses specified in paragraphs (a)–(e).
(8B)  Subclause (8A) and this subclause are repealed at the beginning of 31 July 2024.
cl 4.6: Am 2021 (470), Sch 2[3].
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 E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone R2 Low Density Residential and marked “Local road”
Council
Zone R4 High Density Residential and marked “Local road”
Council
Zone B3 Commercial Core and marked “Local road”
Council
Zone B4 Mixed Use and marked “Local road”
Council
(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.
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.
Column 1
Column 2
Land
Development
Zone SP2 Infrastructure and marked “Classified road”
Roads
Zone RE1 Public Recreation and marked “Local open space”
Recreation areas
Zone RE1 Public Recreation and marked “Regional open space”
Recreation areas
Zone R2 Low Density Residential and marked “Local road”
Roads
Zone R4 High Density Residential and marked “Local road”
Roads
Zone B3 Commercial Core and marked “Local road”
Roads
Zone B4 Mixed Use and marked “Local road”
Roads
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 20 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
(a1)  Zone W2 Recreational Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, 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 200 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)  10% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  100 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 20 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 40 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)  33% 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)  10% of the gross floor area of the industry, or
(b)  100 square metres,
whichever is the lesser.
cl 5.4: Am 2016 (633), Sch 1 [5] [6]; 2018 (406), Sch 1.66 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to permit variations to maximum building height standards for roof features of visual interest,
(b)  to ensure that roof features are decorative elements and that the majority of the roof is contained within the maximum building height standard.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a)  the architectural roof feature—
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7   Development below mean high water mark
(1)  The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9   Dwelling house or secondary dwelling affected by natural disaster
(1)  The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
(2)  This clause applies to land in the following zones—
(a)  RU1 Primary Production,
(b)  RU2 Rural Landscape,
(c)  RU4 Primary Production Small Lots,
(d)  RU5 Village,
(e)  R2 Low Density Residential,
(f)  R3 Medium Density Residential,
(g)  R4 High Density Residential,
(h)  SP3 Tourist,
(i)  E3 Environmental Management,
(j)  E4 Environmental Living.
(3)  Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a)  the dwelling house or secondary dwelling was lawfully erected, and
(b)  the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.
cl 5.9: Ins 2021 (302), Sch 1.11.
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 Hornsby,
(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
(1)  The objectives of this clause are as follows—
(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.
(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—
(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h)  any infrastructure services to the site will be provided without significant modification to the environment, and
(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)  the development will not adversely affect the agricultural productivity of adjoining land, and
(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—
(i)  measures to remove any threat of serious or irreversible environmental damage,
(ii)  the maintenance (or regeneration where necessary) of habitats,
(iii)  efficient and minimal energy and water use and waste output,
(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
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
(1)  The objectives of this clause are—
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located—
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  if the development is a poultry farm—within 500 metres of another poultry farm.
(5)  The following types of development are specified for the purposes of subclause (4)—
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause—
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, 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 B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental Management or Zone E4 Environmental Living.
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.
5.21   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3)  In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4)  A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5)  In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual(ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
5.22   Special flood considerations
[Not adopted]
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)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b)  the effect of the development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to, and potential for adverse impacts on, any waterway, 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   (Repealed)
cl 6.3: Rep 2021 (225), Sch 1.
6.4   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(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)  whether the development is likely to have—
(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  any adverse impact on the habitat elements providing connectivity on the land, and
(b)  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—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
6.5   Limited development on foreshore area
(1)  The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.
(2)  Development consent must not be granted to development on land in the foreshore area except for the following purposes—
(a)  the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area,
(b)  the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,
(c)  boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other recreation facilities (outdoors).
(3)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied that—
(a)  the development will contribute to achieving the objectives for the zone in which the land is located, and
(b)  the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and
(c)  the development will not cause environmental harm such as—
(i)  pollution or siltation of the waterway, or
(ii)  an adverse effect on surrounding uses, marine habitat, wetland areas, fauna and flora habitats, or
(iii)  an adverse effect on drainage patterns, and
(d)  the development will not cause congestion or generate conflict between people using open space areas or the waterway, and
(e)  opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(f)  any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained, and
(g)  in the case of development for the alteration or rebuilding of an existing building wholly or partly in the foreshore area, the alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore.
6.6   Restrictions on certain development in Dural Village
(1)  The objectives of this clause are as follows—
(a)  to ensure that certain commercial land uses are low-scale and service the local community,
(b)  to ensure that the development of land for certain commercial uses maintains the character and amenity of Dural Village.
(2)  This clause applies to development comprising any one or more of the following types of development on land in Zone RU5 Village—
(a)  health consulting rooms,
(b)  medical centres,
(c)  office premises,
(d)  restaurants or cafes,
(e)  take away food and drink premises.
(3)  Development consent must not be granted for development to which this clause applies unless—
(a)  the development will result in each lot on which the development is located being used for no more than 3 types of development referred to in subclause (2), and
(b)  the development comprises a maximum gross floor area of 100 square metres for each type of development referred to in subclause (2).
(4)  Despite subclause (3) (b), development consent may be granted for development to which this clause applies that includes a type of development referred to in subclause (2) with a gross floor area of more than 100 square metres if that type of development is located wholly within the external walls of a dwelling that existed prior to 21 February 2003.
6.7   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 impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—
(a)  that adjoins the proposed development, or
(b)  that can be viewed from the proposed development, or
(c)  from which a person can view the proposed development.
(3)  In addition to subclause (2), the consent authority must consider the impact of the proposed development and its hours of operation if the premises will be located on land that adjoins, or that is separated only by a road, other than a classified road, from land—
(a)  in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(b)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship.
cl 6.7: Am 2017 (493), Sch 1.2 [1].
6.8   Design excellence
(1)  The objective of this clause is to deliver the highest standard of architectural and urban design.
(2)  This clause applies to development involving the erection of a new building or external alterations to an existing building—
(a)  that will result in a building with a height of more than 29.6 metres, or
(b)  for the purposes of attached dwellings, multi dwelling housing, residential flat buildings or shop top housing.
(3)  Development consent must not be granted to development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(4)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development detrimentally impacts on view corridors,
(d)  whether the development achieves transit-oriented design principles, including the need to ensure direct, efficient and safe pedestrian and cycle access to nearby transit nodes,
(e)  the requirements of the Hornsby Development Control Plan,
(f)  how the development addresses the following matters—
(i)  the suitability of the land for development,
(ii)  existing and proposed uses and use mix,
(iii)  heritage issues and streetscape constraints,
(iv)  the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)  bulk, massing and modulation of buildings,
(vi)  street frontage heights,
(vii)  environmental impacts and factors such as sustainable design, overshadowing and solar access, visual and acoustic privacy, noise, wind, reflectivity, water and energy efficiency and water sensitive urban design,
(viii)  the achievement of the principles of ecologically sustainable development,
(ix)  pedestrian, cycle, vehicular and service access and circulation requirements,
(x)  the impact on, and any proposed improvements to, the public domain,
(xi)  achieving appropriate interfaces at ground level between the development and the public domain,
(xii)  integration of landscape design, including the configuration and design of communal access and communal recreation areas, to incorporate exemplary and innovative treatments and to promote an effective social atmosphere.
cl 6.8: Am 2015 (575), Sch 1; 2020 (707), Sch 1[2].
6.9   Dual occupancies (attached) on land in certain rural zones
(1)  The objectives of this clause are—
(a)  to minimise unplanned rural residential development, and
(b)  to limit the gross floor area of dual occupancies (attached) to ensure rural residential development maintains rural character.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots.
(3)  Development consent must not be granted to development for the purposes of a dual occupancy (attached) on land to which this clause applies if—
(a)  the land is a lot that is less than the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)  the gross floor area of each of the dwellings is more than 200 square metres.
cl 6.9: Ins 2016 (633), Sch 1 [7].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 69–73 Bay Road, Berrilee
(1)  This clause applies to land identified as “Area 1” on the Additional Permitted Uses Map, being Lot 2, DP 610018, 69–73 Bay Road, Berrilee.
(2)  Development for the purpose of a car park is permitted with development consent.
2   Use of certain land at Brooklyn
(1)  This clause applies to land identified as “Area 2” on the Additional Permitted Uses Map.
(2)  Development for the purpose of home industries is permitted with development consent.
3   Use of certain land at Brooklyn
(1)  This clause applies to land identified as “Area 3” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  boat launching ramps,
(b)  charter and tourism boating facilities,
(c)  information and education facilities,
(d)  jetties,
(e)  marinas,
(f)  passenger transport facilities,
(g)  restaurants or cafes,
(h)  take away food and drink premises,
(i)  water recreation structures.
4   Use of certain land at 1 St Judes Terrace, Dural
(1)  This clause applies to land identified as “Area 4” on the Additional Permitted Uses Map, being Lot 21, DP 1104018, 1 St Judes Terrace, Dural.
(2)  Development for the purpose of a car park is permitted with development consent.
5   Use of certain land at Dural
(1)  This clause applies to land identified as “Area 5” on the Additional Permitted Uses Map.
(2)  Development for the purpose of specialised retail premises is permitted with development consent.
6   Use of certain land at Hornsby and Waitara
(1)  This clause applies to land identified as “Area 6” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  business premises,
(b)  restaurants or cafes,
(c)  shops,
(d)  take away food and drink premises.
7   Use of certain land at Wisemans Ferry
(1)  This clause applies to land identified as “Area 7” on the Additional Permitted Uses Map.
(2)  Development for the purposes of camping grounds and caravan parks is permitted with development consent.
8   Use of certain land at Pembroke Street and Chambers Court, Epping
(1)  This clause applies to land identified as “Area 8” on the Additional Permitted Uses Map.
(2)  Development for the purpose of residential flat buildings is permitted with development consent if the consent authority is satisfied that the ground floor of any such building will be used only for the purpose of a community facility.
9   Use of certain land at 344 Galston Road, Galston
(1)  This clause applies to land identified as “Area 9” on the Additional Permitted Uses Map, being Lot 1, DP 656774, 344 Galston Road, Galston.
(2)  Development for the purpose of a restaurant or cafe is permitted with development consent.
sch 1: Am 2016 (327), cl 5; 2018 (488), Sch 1.2; 2020 (707), Sch 1[3].
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.
sch 2: Am 2017 (560), Sch 1 [5].
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
Dams
(1)  Maximum capacity—0.4ML.
(2)  Must be on land that has a slope of less than 13.5°.
(3)  Must not be located—
(a)  on land identified as Class 1 or 2 on the Acid Sulfate Soils Map, or
(b)  on land in Zone E3 Environmental Management, or
(c)  on land identified as “Biodiversity” on the Terrestrial Biodiversity Map, or
(d)  on land within a foreshore area, or
(e)  on a site occupied by a heritage item or draft heritage item, or on land comprising a heritage item.
(4)  Must not involve fill material from outside property or removal of excavated material from property.
(5)  Must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
(6)  Minimum height from top of water level to crest of dam—1m.
(7)  Spillway must not direct excess water onto adjoining properties.
(8)  Spillway must be adequate for a 1 in 20-year storm event.
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 2017 (560), Sch 1 [6].
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
Cherrybrook
Lot 13, DP 262492, 111X New Line Road
Nil
Hornsby
Lot 15, DP 204624, 18X Water Street
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2014 (153), cl 4 (1) (2); 2017 (560), Sch 1 [7].
Schedule 5 Environmental heritage
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Arcadia
Arcadia General Store
89–91 Arcadia Road
Lot 201, DP 752048
Local
1
Arcadia
“Weerona” and garden
109 Arcadia Road
Lot 1, DP 533940
Local
2
Arcadia
Mobb’s house
123 Arcadia Road
Lot 1, DP 744525
Local
3
Arcadia
Arcadia Community Hall
136 Arcadia Road
Lot 1, DP 995461
Local
4
Arcadia
St. Columb’s Anglican Church and grounds
138 Arcadia Road
Lot 1, DP 598637
Local
5
Arcadia
Arcadia Public School—original building (excluding other buildings and grounds)
140 Arcadia Road
Lot 1, DP 797478; Lot 1, DP 597328
Local
6
Arcadia
House
26 Blacks Road
Lots 1 and 3, DP 587065
Local
7
Arcadia
House
3 Cobah Road
Lot 1, DP 210810
Local
9
Arcadia
House
15 Cobah Road
Lot 2, DP 609304
Local
10
Arcadia
House
9A Geelans Road
Lot 10, DP 594595
Local
11
Arcadia
Windbreak
Halls Road
Road reserve (south of Wylds Road)
Local
12
Arcadia
House
1 Halls Road
Lot D, DP 369476
Local
13
Arcadia
House
2 Smalls Road
Lot 3, DP 563428
Local
14
Arcadia
House and outbuildings
10–12 Smalls Road
Lot 2, DP 874443
Local
15
Arcadia
House
15 Smalls Road
Lot 2, DP 564660
Local
16
Arcadia
Windbreak
8–12 Sunnyridge Road
Lots 1–3, DP 245531
Local
17
Arcadia
Windbreak
15–17 Sunnyridge Road
Lots 2 and 3, DP 619485
Local
18
Asquith
Mills Park
2X Chelmsford Road
Lot 1114, DP 822293
Local
19
Asquith
House
5 Dudley Street
Lot A, DP 375534
Local
20
Asquith
Street trees
Haldane Street—Asquith Station
Road reserve
Local
21
Asquith
Asquith Golf Course
2—46 Lord Street
Lot 2, DP 586331; Lot 100, DP 706375; Lot 15, DP 702566; Lot 1097, DP 704598
Local
579
Asquith
House
419 Pacific Highway
Lot 11, DP 666335
Local
22
Asquith
House
466A Pacific Highway
Lot 10, DP 845796
Local
23
Asquith
House
480 Pacific Highway
Lot 14, DP 16107
Local
24
Asquith
Garden tree
21 Queens Road
Lot 9, DP 8494
Local
25
Asquith
St Patrick’s Church—grounds
1 Royston Parade
Lot 1, DP 702242
Local
26
Asquith
House and garden
26 Royston Parade
Lot 1, DP 502358
Local
27
Asquith
House
32 Royston Parade
Lot 26, DP 10405
Local
29
Asquith
Street tree
Corner Sherbrook Road and Baldwin Avenue
Road reserve
Local
30
Asquith
Street trees
Sherbrook Road
Road reserve (between Lockwood Street and Salisbury Road)
Local
31
Asquith
House
121 Sherbrook Road
Lot 34, DP 8797
Local
32
Asquith
House
178 Sherbrook Road
Lot A, DP 317667
Local
33
Asquith
Asquith Park
1X Wall Avenue
Lot 1, DP 656401
Local
531
Beecroft
Blue gum in rear garden
9 Albert Road
Lot 5, DP 18182
Local
34
Beecroft
House and garden
29B Albert Road
Lot 2, DP 1161695
Local
35
Beecroft
Fence, gates and gardens
2, 2A and 4 Beecroft Road
Lots 5–7, DP 237733
Local
36
Beecroft
Blackwood House and garden
8 Beecroft Road
Lot 1, DP 236171
Local
37
Beecroft
“Red Hill”
21 Beecroft Road
Lot 2, DP 232683
Local
38
Beecroft
House and garden
44 Beecroft Road
Lot 1, DP 407029
Local
39
Beecroft
House and garden
45 Beecroft Road
Lot A, DP 377005
Local
40
Beecroft
“Glenbower”
52C Beecroft Road
Lot 2, DP 522487
Local
41
Beecroft
House
59 Beecroft Road
Lot 1, DP 7380
Local
42
Beecroft
House
61 Beecroft Road
Lot 10, DP 565264
Local
43
Beecroft
“Lorne”
63 Beecroft Road
Lot 21, DP 553564
Local
44
Beecroft
House
83 Beecroft Road
Lot 1, DP 1203540
Local
46
Beecroft
“Waveney”
84 Beecroft Road
Lot A, DP 317698
Local
47
Beecroft
House
86 Beecroft Road
Lot C, DP 434825
Local
48
Beecroft
Beecroft Public School (excluding grounds)
90–96 Beecroft Road
Lots 1–5, Section 3, DP 758074; Lot 1, DP 323129; Lot 1, DP 384982; Lot 1, DP 104459; Lot 1, DP 122581; Lot A, DP 100859; Lots 2 and 3, DP 539122; Lot 1, DP 122580
Local
49
Beecroft
“Vintage Cellars” building
100 Beecroft Road
Lot 1, DP 1168541
Local
50
Beecroft
“Nakinda”
104 Beecroft Road
Lot 2, DP 609098
Local
51
Beecroft
House and garden
110 Beecroft Road
Lots 5 and 6, Section 1, DP 758074
Local
52
Beecroft
Beecroft Community Centre
111 Beecroft Road
Lot 1, DP 121947
Local
53
Beecroft
The Village Green, Boer War Memorial, World War I and II Memorials
111X Beecroft Road
Lot 979, DP 822292
Local
54
Beecroft
House and garden
112 Beecroft Road
Lots 1 and 2, DP 455469
Local
55
Beecroft
“Ravenhurst” and garden
114 Beecroft Road
Lot 6, DP 221391
Local
56
Beecroft
“Carmel”
115 Beecroft Road
Lot 1, DP 1172114
Local
57
Beecroft
Garden, fence and hedge
116 Beecroft Road
Lot 5, DP 214705
Local
58
Beecroft
House
118 Beecroft Road
Lot 1, DP 501547
Local
59
Beecroft
“Romana House” and garden
130 Beecroft Road
Lot A, DP 15298
Local
61
Beecroft
“Combanning”
140 Beecroft Road
Lot 1, DP 504734
Local
63
Beecroft
Fence, posts and garden
142 Beecroft Road
Lot 114, DP 1136664
Local
64
Beecroft
“Brunoy” (Chesalon Nursing Home)
144–146 Beecroft Road
Lots 15–17 and 34, DP 6280
Local
65
Beecroft
Street trees
Boronia Avenue
Road reserve (between Kirkham Street and Mason Avenue)
Local
66
Beecroft
Gardens
2–4 Boronia Avenue
Lots 1 and 2, DP 360108
Local
67
Beecroft
Street trees
Cardinal Avenue
Road reserve (between Copeland Road and Pennant Hills Road)
Local
68
Beecroft
Street trees
Castle Howard Road
Road reserve
Local
69
Beecroft
Bushland reserve—Beecroft and Cheltenham Parks
23X Castle Howard Road
Lots 537–539, DP 752028; Part Lot 540, DP 752028; Lots 541–544, DP 752028; Lot 931, DP 752028; Lot 13, DP 842090
Local
70
Beecroft
Street trees
Chapman Avenue
Road reserve (between Cardinal Avenue and Beecroft Road)
Local
71
Beecroft
St. John’s Anglican Church
9 Chapman Avenue
Lot 1, DP 1052911
Local
72
Beecroft
House
41 Chapman Avenue
Lot 41, DP 1105341
Local
73
Beecroft
Footpath
Copeland Road (east)
Road reserve
Local
74
Beecroft
House
3—5 Copeland Road
SP 100466
Local
791
Beecroft
House and garden
71 Copeland Road
Lot 3, DP 219007
Local
75
Beecroft
House
84 Copeland Road
Lot 4, DP 7931
Local
76
Beecroft
House
106 Copeland Road
Lot X, DP 417346
Local
77
Beecroft
House
116 Copeland Road
Lot C, DP 4369
Local
78
Beecroft
Fence and garden
121 Copeland Road
Lot 241, DP 1142973
Local
79
Beecroft
House
127 Copeland Road
Lot 101, DP 842903
Local
80
Beecroft
“Chetwynd”
138 Copeland Road
Lots A and E, DP 385708
Local
81
Beecroft
House
148 Copeland Road
Lot 1, DP 205047
Local
82
Beecroft
Garden
149 Copeland Road
Lot 1, DP 12464
Local
83
Beecroft
House and garden
151 Copeland Road
Lot 2, DP 12464
Local
84
Beecroft
House
153 Copeland Road
Lot 7, DP 1014512
Local
85
Beecroft
House and garden
154 Copeland Road
Lot 2, DP 596145
Local
86
Beecroft
“Holme Lacey” and garden
155 Copeland Road
Lot 1, DP 1014512
Local
87
Beecroft
Garden
156 Copeland Road
Lot 13, DP 604271
Local
88
Beecroft
House
157 Copeland Road
Lot 5A, DP 382779
Local
89
Beecroft
House
159 Copeland Road
Lot 11, DP 556232
Local
90
Beecroft
House and garden
161 Copeland Road
Lot 6, DP 242297
Local
91
Beecroft
“Aston”
162 Copeland Road
Lot 1, DP 622711
Local
92
Beecroft
House and garden
163 Copeland Road
Lot 81, DP 577380
Local
93
Beecroft
Munitions shed
177E Copeland Road
Lot 111, DP 1027063
Local
94
Beecroft
House
188 Copeland Road
Lot 3, DP 368286
Local
95
Beecroft
House
190 Copeland Road
Lot 4, DP 368286
Local
96
Beecroft
House
23 Fiona Road
Lot 1, DP 873791
Local
97
Beecroft
Street trees
Hannah Street
Road reserve (between Pennant Hills Road and Beecroft Road)
Local
98
Beecroft
“Eltham” and garden
5A Hannah Street
Lot 101, DP 775322
Local
100
Beecroft
Beecroft Post Office
5B Hannah Street
Part Lot 6, SP 72498
Local
101
Beecroft
House, garden and outbuilding
28 Hannah Street
Lot 1, DP 959289
Local
102
Beecroft
House
29 Hannah Street
Lot A, DP 398222
Local
103
Beecroft
House
30 Hannah Street
Lot C, DP 960213
Local
104
Beecroft
House
38 Hannah Street
Lot 1, DP 200138
Local
105
Beecroft
House
40 Hannah Street
Lot 5, DP 514026
Local
106
Beecroft
House
42 Hannah Street
Lot 1, DP 133587; Lot 20, Section 7, DP 7788
Local
107
Beecroft
House
44 Hannah Street
Lot 18, Section 7, DP 7788; Lot 1, DP 168952
Local
108
Beecroft
“Twilight House/Sheen”
46 Hannah Street
Lot 1, DP 9786
Local
155
Beecroft
House
51 Hannah Street
Lot A, DP 963616
Local
109
Beecroft
Fearnley Park
86X Hannah Street
Lot 28, DP 23858
Local
110
Beecroft
Street trees
Hull Road
Road reserve
Local
111
Beecroft
House
8 Kirkham Street
Lot 8, DP 1089650
Local
112
Beecroft
Lyndon Way Reserve and street trees
Lyndon Way
Public reserve and road reserve
Local
113
Beecroft
Street trees and bushland
Malton Road
Road reserve
Local
114
Beecroft
House
2 Malton Road
Lot A, DP 354398
Local
115
Beecroft
House
5 Malton Road
Lot 3, DP 340956
Local
116
Beecroft
“Kunaware” and garden
11 Malton Road
Lot 42, DP 596659
Local
117
Beecroft
“Lynwood”
12 Malton Road
Lot 1, DP 1154960
Local
118
Beecroft
“Mindaribba”
14–18 Malton Road
Lot 2, DP 1154960
Local
119
Beecroft
“Eureka”
17 Malton Road
Lot 1, DP 924640
Local
120
Beecroft
“Cloonycarn”
27 Malton Road
Lot 1, DP 628007
Local
121
Beecroft
House
28 Malton Road
Lot 1, DP 537665
Local
122
Beecroft
“Notrella”
31A Malton Road
Lot 111, DP 108393
Local
123
Beecroft
House
37 Malton Road
Lot 101, DP 713750
Local
124
Beecroft
House
49 Malton Road
Lot 602, DP 793873
Local
125
Beecroft
“Linthorpe”
9 Mangiri Road
Lot 19, DP 715454
Local
126
Beecroft
Presbyterian Church
1A Mary Street
Lot 4, Section 2, DP 758074
Local
127
Beecroft
House and garden
3 Mary Street
Lots 5 and 6, Section 2, DP 758074
Local
128
Beecroft
Chilworth Reserve
11X and 14X Mary Street
Lots 10–14, Section 2, DP 758074; Lot 7016, DP 93823
Local
129
Beecroft
Street trees
Murray Road
Road reserve (east of Beecroft Road)
Local
130
Beecroft
House
1 Murray Road
Lots 8 and 9, DP 7132
Local
131
Beecroft
“Maitai” trees and garden
31 Murray Road
Lot B, DP 349965
Local
132
Beecroft
House
66 Murray Farm Road
Lot 42, DP 16525
Local
133
Beecroft
House
107A Murray Farm Road
Lot 2, DP 512307
Local
134
Beecroft
Devlins Creek Bushland Reserve
Orchard Road
Lot 12, DP 202546; Lot 1, DP 841495; Lot 66, DP 218185; Lot 72, DP 503715; Lots 2 and 46, DP 217863; Lot 75, DP 506963
Local
135
Beecroft
Street trees
Orchard Road
Road reserve
Local
136
Beecroft
Garden
6 Parker Close
Lot 1, DP 357713
Local
137
Beecroft
Pennant Hills Golf Club—grounds
589 Pennant Hills Road
Lot 200, DP 1222487
Local
138
Beecroft
Bushland
Railway land—Beecroft to Pennant Hills
 
Local
139
Beecroft
Bushland Reserve
Sutherland Road and Park Avenue—Byles Creek Valley
Lot 3, DP 540850; Lot 14, DP 562351; Lot 3, DP 530227; Lot 15, DP 237044; Lot 80, DP 1150971; Lot 23, DP 614741; Lot 6, DP 229639; Lot 204, DP 806307
Local
140
Beecroft
Booth Park
82X Sutherland Road
Lots 640 and 641, DP 752028
Local
141
Beecroft
House and garden
86 Sutherland Road
Lot B, DP 366701; Lot X, DP 370340
Local
818
Beecroft
House and garden
88 Sutherland Road
Lot 1, DP 206071
Local
819
Beecroft
“Beveren” and garden
110–112 Sutherland Road
Lot 1, DP 949337
Local
143
Beecroft
House
122 Sutherland Road
Lot 2, DP 619164
Local
144
Beecroft
House
24A The Crescent
Lot 2, DP 626649
Local
145
Beecroft
House
1 Wandeen Avenue
Lot 14, DP 7154
Local
146
Beecroft
House
2 Wandeen Avenue
Lot 3, DP 523327
Local
147
Beecroft
House and garden
3 Wandeen Avenue
Lot 1, DP 546219
Local
148
Beecroft
“Chilworth”
24 Welham Street
Lot 4, DP 25486
Local
149
Beecroft
Beecroft Railway Station and garden
Wongala Crescent and Great Northern Railway
Lot 1, DP 869477; Lots 2, 79 and 86, DP 41000
Local
142
Beecroft
“Treasure House”
1–3 Wongala Crescent
Lot 1, DP 1134589
Local
150
Beecroft
Garden
25 Wongala Crescent
Lots 1 and 2, DP 133462
Local
151
Beecroft
House and garden
33 Wongala Crescent
Lot B, DP 315312
Local
152
Beecroft
Fence
37 Wongala Crescent
Lot 12, DP 607771
Local
153
Beecroft
House
39–41 Wongala Crescent
Lot B, DP 368137
Local
154
Berowra
House
21A Anembo Road
Lot 408, DP 1008994
Local
156
Berowra
House
4 Arcadia Crescent
Lot 31, DP 853409
Local
157
Berowra
Berowra Park
14X Berowra Waters Road
Lot 7003, DP 1110371; Lot 7308, DP 1165922
Local
158
Berowra
House and garden
24 Berowra Waters Road
Lot 2, DP 851097
Local
159
Berowra
House
29 Berowra Waters Road
Lot 21, Section 1, DP 6107
Local
160
Berowra
Community hall and grounds
41X Berowra Waters Road
Lots 475 and 476, DP 822294
Local
161
Berowra
“Bungalow”
48 Berowra Waters Road
Lot 13, DP 509198
Local
162
Berowra
House
75 Berowra Waters Road
Lot 12, DP 562850
Local
163
Berowra
“Sunbeam”
83 Berowra Waters Road
Lot A, DP 419283
Local
164
Berowra
Street trees
Crowley Road
Road reserve (north side)
Local
165
Berowra
House
3A Crowley Road
Lot 2, DP 509204
Local
166
Berowra
Hall
14 Crowley Road
Lot 10, DP 1013648
Local
167
Berowra
House
15 Crowley Road
Lot 6, Section 1, DP 6107
Local
168
Berowra
House
25 Goodwyn Road
Lot 2, DP 578390
Local
169
Berowra
Garden
2–4 Hillcrest Road
Lot B, DP 373120
Local
170
Berowra
House
5 Wanill Place
Lot 23, DP 218655
Local
174
Berowra
Former servant’s quarters
7 Wanill Place
Lot 22, DP 218655
Local
175
Berowra
Street trees
Waratah Road
Road reserve (between Anembo Road and Goodwyn Road)
Local
176
Berowra Creek
“Capo di Monte”
Collingridge Point
Lot 17, DP 26377
Local
182
Berowra Creek
“Berowra Waters Inn”
Dusthole Point
Lot 22, DP 18039
Local
183
Berowra Creek
“Taracoonee”
Sunny Corner
Lot 3, DP 926260; Lot 0, DP 752026
Local
186
Berowra Heights
Scenic road through bushland
Berowra Waters Road
Crown land
Local
187
Berowra Heights
“Whitianga”
24 Turner Road
Lot 1, DP 213153
Local
188
Berowra Waters
Rex Jones Memorial
Berowra Waters Road
Crown land
Local
193
Berrilee
“Sandown”
70–72 Bay Road
Lot A, DP 399112
Local
195
Berrilee
“Mt Orient”
106 Bay Road
Lot 3, DP 224685
Local
196
Brooklyn
Shop
1–3 Bridge Street
Lots 1 and 2, DP 543112
Local
197
Brooklyn
Shop
5 Bridge Street
Lot 1, DP 936486
Local
198
Brooklyn
Shop
7 Bridge Street
Lot 1, DP 946143
Local
199
Brooklyn
Brooklyn Police Station
11 Bridge Street
Lots 15, 17 and 19, Section B, DP 2746
Local
200
Brooklyn
Brooklyn Post Office and residence
13 Bridge Street
Lot 2, DP 830845
Local
201
Brooklyn
House
19 Bridge Street
Lots 29–31, Section B, DP 5043
Local
202
Brooklyn
Brooklyn cemetery
Brooklyn Road
Lot 7031, DP 1076532; Lot 7049 and 7050, DP 1076533; Lot 395, DP 46975
Local
204
Brooklyn
Seymours Creek Mangrove wetland
Brooklyn Road
Waterway
Local
205
Brooklyn
House
51 Brooklyn Road
Lot 3, Section A, DP 5527
Local
206
Brooklyn
House
52 Brooklyn Road
Lot 11, Section 2, DP 2002
Local
208
Brooklyn
Boatshed
53 Brooklyn Road
Lot 2, Section A, DP 5527, Licence 551065
Local
207
Brooklyn
Brooklyn Park
87X Brooklyn Road
Lot 7036, DP 1060366; Lot 7011, DP 1075612
Local
209
Brooklyn
“Rossmoor”
91 Brooklyn Road
Lot 10, DP 884327
Local
210
Brooklyn
House
95 Brooklyn Road
Lot 20, DP 849201
Local
211
Brooklyn
“Ross Homestead” and garden
96 Brooklyn Road
Lot 41, DP 1055964
Local
212
Brooklyn
Brooklyn Public School (excluding grounds)
106 Brooklyn Road
Lots 1, 2, 11 and 12, Section C, DP 758166; Lots 1–3, 5 and 6, Section 2, DP 758166
Local
213
Brooklyn
House
117 Brooklyn Road
Lot 41, DP 1009746
Local
214
Brooklyn
War Memorial Hall
120 Brooklyn Road
Lot 1, DP 358297
Local
215
Brooklyn
House
121 Brooklyn Road
Lot 3, DP 629260
Local
216
Brooklyn
House
129 Brooklyn Road
Lot 1, DP 227335
Local
217
Brooklyn
“Melville”
140 Brooklyn Road
Lot B, DP 310389
Local
218
Brooklyn
Old St Mary’s Church
156A Brooklyn Road
Lot 9, Section 2, DP 2105
Local
219
Brooklyn
House
176 Brooklyn Road
Lot 18, DP 41000
Local
220
Brooklyn
“Blinkbonnie”
206 Brooklyn Road
Lot 11, DP 1183; Lot 12, DP 2746
Local
222
Brooklyn
House
208 Brooklyn Road
Lot 1, DP 554808
Local
223
Brooklyn
Shopfronts
212–214 Brooklyn Road
Lots 16–18, Section A, DP 2746
Local
224
Brooklyn
McKell Park—lower, upper, cabbage palms and World War II gun and emplacements
Dangar Road
Lot 1, DP 62933; Lot 1, DP 1005081; Lots 7015 and 7016, DP 1058527
Local
225
Brooklyn
Hawkesbury River Railway Station group (Brooklyn Railway Platform and Station)
Main Northern Railway—Dangar Road to Brooklyn Harbour
Transport corridor
State
227
Brooklyn
Railway shelter shed
6 Dangar Road
Lot 52, DP 876183
Local
228
Brooklyn
House
10 Dangar Road
Lot 54, DP 876183
Local
229
Brooklyn
House
3–5 George Street
Lot 1, DP 972865
Local
230
Brooklyn
House
7 George Street
Lot 8, DP 651384; Lots 9 and 10, Section C, DP 5043
Local
231
Brooklyn
Footpath
Karoola Street
Road reserve
Local
233
Brooklyn
House
1 Karoola Street
Lots 1 and 2, Section F, DP 2746
Local
234
Brooklyn
House
2 Karoola Street
Lot 1, DP 853918
Local
235
Brooklyn
House
3 Karoola Street
Lots 3–5, Section F, DP 2746
Local
236
Brooklyn
House
5 Karoola Street
Lots 6 and 7, Section F, DP 2746
Local
237
Brooklyn
House
8 Karoola Street
Lots 28 and 29, Section C, DP 5043
Local
238
Brooklyn
House
12 Karoola Street
Lot A, DP 357358
Local
239
Brooklyn
House
23 Karoola Street
Lot 2, DP 32963
Local
240
Brooklyn
Nature Reserve—bushland
Long Island
Crown land
Local
245
Brooklyn
Kangaroo Point
Pacific Highway
Lot 1, DP 740853; public reserve and Crown land
Local
99
Brooklyn
Rest Park
Pacific Highway
Lots 238 and 250, DP 752026
Local
248
Brooklyn
Station Master cottage
1 William Street
Lot 1, DP 431327
Local
249
Brooklyn
Telephone exchange
8 William Street
Lot 1, DP 830845
Local
250
Canoelands
“Gentleman’s Halt”
Gentleman’s Halt
Lot 1, DP 368108
Local
251
Carlingford
House
557A North Rocks Road
Lot 1, DP 827063
Local
253
Carlingford
Street trees
Plympton Road
Road reserve (between Calool Road and Coverdale Street)
Local
254
Carlingford
Ray Park
26X Plympton Road
Part Lot 2, DP 500461; Lot 12, DP 237797
Local
402
Castle Hill
Mowll Village group including “Lober House”, “Tower House”, “Gate House” entry gates, dairy, stables and grounds
284, 296, 300–302 and 304 Castle Hill Road and 146–200 David Road
Lots A and B, DP 410898; Lot 1, DP 654242; Lot 2, DP 309991; Lot D, DP 369584; Lot 10, DP 135926; Lot 2005, DP 1088072; Lot 1, DP 177433; Lots C and E, DP 369584; Lots 72–74, DP 1067989
Local
255
Castle Hill
Mary Mercy Centre—grounds
36–56 David Road
Lot 2, DP 565458
Local
256
Castle Hill
Glenowen Farm
3, 5 and 7 Glenowen Way
Lots 2, 3 and 9, DP 286138
Local
258
Castle Hill
Oakhill College, original building and grounds
423–521 Old Northern Road
Lot 1370, DP 1063007
Local
259
Castle Hill
Public Reserve
1X Westminster Drive
Lot 15, DP 771565
Local
312
Cheltenham
“Lauriston”
150 Beecroft Road
Lot 2, DP 373724
Local
260
Cheltenham
“Quambi”
152 Beecroft Road
Lot 102, DP 600100
Local
261
Cheltenham
“Mosbrae”
157 Beecroft Road
Lot 2, DP 7132; Lot 1, DP 311458
Local
262
Cheltenham
House
158 Beecroft Road
Lot 4, DP 530116
Local
263
Cheltenham
House
170 Beecroft Road
Lot 2, DP 931641
Local
264
Cheltenham
House
174 Beecroft Road
Lot 1, DP 527556
Local
265
Cheltenham
Former church and grounds
179 Beecroft Road
Lots 83 and 84, DP 9085
Local
266
Cheltenham
Garden
183 Beecroft Road
Lots 79–81, DP 9085
Local
267
Cheltenham
“Edensor”, garden, stable and wall
203 Beecroft Road
Lot 13, DP 844078
Local
268
Cheltenham
House
24 Boronia Avenue
Lot 1, DP 391071
Local
269
Cheltenham
House
32 Boronia Avenue
Lot 1, DP 556740
Local
270
Cheltenham
House
8 Cheltenham Road
Lots 138 and 139, DP 12364
Local
271
Cheltenham
House
10 Cheltenham Road
Lots 136 and 137, DP 12364
Local
272
Cheltenham
Garden
22 Cheltenham Road
Lot 9, DP 18542
Local
273
Cheltenham
House
76 Cheltenham Road
Lot 8, DP 1062651
Local
274
Cheltenham
House
15 Chorley Avenue
Lot 128, DP 12364
Local
275
Cheltenham
“Ahimsa” and grounds
67 Cobran Road
Lots A and B, DP 393708
State
276
Cheltenham
House
6 Mason Avenue
Lot 3, DP 332084
Local
277
Cheltenham
“Boonga”
12 Mason Avenue
Lot 1, DP 537455
Local
278
Cheltenham
House
19 Norma Crescent
Lot 1, DP 523362
Local
279
Cheltenham
Bushland
Sutherland Road
Public reserve (southern end—along Devlin’s Creek)
Local
416
Cheltenham
Trees
1 The Boulevard
Lot 1, DP 576233
Local
280
Cheltenham
House and garden
5 The Boulevard
Lot 1, DP 580847
Local
281
Cheltenham
Gardens
10–12 The Boulevard
Lots 25 and 26, DP 5440
Local
282
Cheltenham
House
11 The Boulevard
Lot 2, DP 540033
Local
283
Cheltenham
House and garden
14 The Boulevard
Lot B, DP 302976
Local
284
Cheltenham
House
15 The Boulevard
Lot 1, DP 807998
Local
285
Cheltenham
House and garden
18 The Boulevard
Lot 1, DP 526173
Local
286
Cheltenham
House
24 The Boulevard
Lot 18, DP 5440
Local
287
Cheltenham
House
26 The Boulevard
Lot 17, DP 5440
Local
288
Cheltenham
Fence
44 The Crescent
Lot 1, DP 18542
Local
289
Cheltenham
Garden
46 The Crescent
Lot 2, DP 18542
Local
290
Cheltenham
Garden
48 The Crescent
Lot 3, DP 18542
Local
291
Cheltenham
House and garden
50 The Crescent
Lots 35–37, DP 5440
Local
292
Cheltenham
House
52 The Crescent
Lot 34, DP 5440
Local
293
Cheltenham
House
54 The Crescent
Lot 33, DP 5440
Local
294
Cheltenham
House
56 The Crescent
Lot 32, DP 5440
Local
295
Cheltenham
Grounds—Cheltenham Recreation Club
60–74 The Crescent
Lots 1–5, DP 5440; Lot C, DP 306966; Lot C, DP 328704; Lot 1, DP 335423; Lot G, DP 360935; Lot J, DP 373758; Lot A, DP 303812
Local
296
Cheltenham
“Ashby”
94 The Crescent
Lot 5, DP 9207
Local
297
Cheltenham
Street trees
The Promenade
Road reserve
Local
298
Cheltenham
Fence
28 The Promenade
Lot 4, DP 18542
Local
821
Cherrybrook
“Boldrewood” and garden
19 Boldrewood Place
Lot 22, DP 846115
Local
300
Cherrybrook
Street trees
Boundary Road
Road reserve (west of Kitchener Road intersection)
Local
301
Cherrybrook
House
150 Castle Hill Road
Lot 402, DP 259853
Local
302
Cherrybrook
“Inala School” (original house)
160–168 Castle Hill Road
Lot 1, DP 511824
Local
303
Cherrybrook
“Kenburn Hall” and garden
59–61 Macquarie Drive
SP 21343; SP 22564
Local
304
Cherrybrook
Cherrybrook Uniting Church, hall and cemetery
134 New Line Road
Lot 100, DP 1102533
Local
305
Cherrybrook
“Gumnut Hall”—Cherrybrook Pre-School and Community Centre
144 New Line Road
Lot 1, DP 619447
Local
306
Cherrybrook
House
175 New Line Road
Lot 1, DP 818155
Local
307
Cherrybrook
“Hillcrest”
16 Sanctuary Close
Lot 1021, DP 785501
Local
309
Cherrybrook
“The Lakes of Cherrybrook Reserve”
54X Shepherds Drive
Lot 4205, DP 706256
Local
311
Cherrybrook
Greenway Park
69–85X Shepherds Drive
Lot 1, DP 263752; Part Lot 24, DP 1123287
Local
310
Cowan
House
26 Alberta Avenue
Lot 41, DP 10403
Local
313
Cowan
Street trees
Pacific Highway
Road reserve
Local
314
Cowan
Glendale Farm
1069 Pacific Highway (Glendale Road)
Lot 339, DP 752026
Local
315
Cowan
House
1177 Pacific Highway
Lot 15, DP 10403
Local
320
Dangar Island
Pedestrian street
Baroona Street
Road reserve
Local
323
Dangar Island
Recreation Reserve
15–17 Baroona Street (corner Grantham Crescent)
Lots 1 and 3, DP 597242
Local
325
Dangar Island
Blackbutt trees
Grantham Crescent
Road reserve
Local
327
Dangar Island
Pedestrian street
Grantham Crescent
Road reserve
Local
326
Dangar Island
House
36 Grantham Crescent
Lot 65, DP 10902
Local
328
Dangar Island
Pedestrian street
Neotsfield Avenue
Road reserve
Local
330
Dangar Island
Sandstone tower
9 Neotsfield Avenue
Lot 62, DP 872117
Local
331
Dangar Island
Waterfront, seawall, wharf, trees and 1889 Railway Bridge construction site
Northern foreshore
Waterway
Local
332
Dangar Island
Roadworks
Riverview Avenue
Road reserve
Local
333
Dangar Island
Kiparra Park bushland
35–127 Riverview Avenue
Lots 129–135, DP 11921; Lots 157–195, DP 19921; Lot 2, DP 537659
Local
334
Dural
“Koombahla”
429 Galston Road
Lot 9, DP 573049
Local
336
Dural
House
431 Galston Road
Lot 1, DP 194542
Local
337
Dural
“Shamrock Vale”
432 Galston Road
Lot 4, DP 554002
Local
338
Dural
Garden
452 Galston Road
Lot 1, DP 610404
Local
339
Dural
Swanes Nursery
490–498 Galston Road
Lot 2, DP 504406; Lot 1, DP 87092; Lot X, DP 414599
Local
341
Dural
“The Croft”
11 Harris Road
Lot 1, DP 507580
Local
342
Dural
Original alignment of New Line Road (Elouera estate)
New Line Road
Lockyer Close
Local
344
Dural
Street trees and bushland
New Line Road
Road Reserve (between Pyes Creek and Old Northern Road)
Local
343
Dural
House
208 New Line Road
Lot 11, DP 1041210
Local
345
Dural
“Terranova”
260–266 New Line Road
Lot 2, DP 1231574
Local
346
Dural
House
671–673 Old Northern Road
Lot 1, DP 393694
Local
347
Dural
House
857 Old Northern Road
Part Lot C, DP 349226
Local
348
Dural
House
873 Old Northern Road
Lot 2, DP 541989
Local
349
Dural
House, former Uniting Church and chapel
925–935 and 937 Old Northern Road
Lots 1 and 2, DP 618271
Local
351
Dural
St Jude’s Anglican Church and grounds
951–965 Old Northern Road
Lot 1, DP 589402
Local
352
Dural
“The Trees”
1169–1171 Old Northern Road
Lot 6, DP 239758
Local
353
Epping
“Kooringa” and garden
8 Abuklea Road
Lot 1, DP 19798
Local
354
Epping
House
21–23 Abuklea Road
Lot 14, DP 209831
Local
355
Epping
House
32 Abuklea Road
Lot A, DP 411486
Local
356
Epping
Bushland
Beecroft Road
Road reserve (between Carlingford Road and Kandy Avenue)
Local
357
Epping
Forest Park
723X Blaxland Road
Lots 365 and 366, DP 752028
Local
359
Epping
“Araluen”
2–4 Brigadoon Court
Lot 8, DP 221577; Lot 102, DP 869433
Local
360
Epping
House
72 Carlingford Road
Lot 1, DP 223691
Local
362
Epping
“Armagh”
82 Carlingford Road
Lot A, DP 346625
Local
363
Epping
House
88 Carlingford Road
Lot 2, DP 7370
Local
364
Epping
Epping West Public School—original building dated 1927 (excluding other buildings and grounds)
96–104 Carlingford Road
Lot 1, DP 161495; Lot 1, DP 122509; Lot 11, DP 1099882
Local
365
Epping
Street trees
Chester Street
Road reserve (east of Norfolk Street)
Local
366
Epping
House and garden
21 Chester Street
Lot 31, DP 850660
Local
367
Epping
House and garden
23 Chester Street
Lot 21, DP 262348
Local
368
Epping
Garden
27A Chester Street
Lot 2, DP 541220
Local
369
Epping
“Snaresbrook”
45 Chester Street
Lot 1, DP 536152
Local
370
Epping
House
57 Chester Street
Lot 1, DP 943999
Local
371
Epping
House
70 Chester Street
Lot 2, DP 519149
Local
372
Epping
Street trees
Dorset Street
Road reserve
Local
373
Epping
House
5 Dorset Street
Lot G, DP 443977
Local
374
Epping
House
15 Dorset Street
Lot 2, DP 1101289
Local
375
Epping
Street trees and bushland
Epping Road
Road reserve (between Terry’s Creek and Pembroke Street)
Local
376
Epping
House
3 Essex Street
Lot C, DP 334777
Local
798
Epping
Rockleigh Park—public reserve
5X Essex Street
Lot 3, DP 847018
Local
377
Epping
Boy Scout Hall
6 Essex Street
Lot 25, Section 4, DP 758390
Local
799
Epping
“Wurundjer”
42 Essex Street
Lot B, DP 300119
Local
800
Epping
“Asheldom”
47 Essex Street
Lot 100, DP 860370
Local
378
Epping
House
76 Essex Street
Lot A, DP 371633
Local
379
Epping
House
84 Essex Street
Lot 44, DP 6719
Local
380
Epping
Terry’s Creek crossing and bushland
“Vimiera Park”—121X Essex Street
Lot 7304, DP 1145642
Local
381
Epping
“Eldruwin”
34–36 Fernhill Avenue
Lot 12, DP 29479
Local
823
Epping
Slab hut
78 Kent Street
Lot 1, DP 350308
Local
382
Epping
House
167 Midson Road
Lot 1, DP 362225
Local
384
Epping
House and garden
9 Norfolk Road
Lot 1, DP 1012652
Local
386
Epping
House
33 Norfolk Road
Lot 3, DP 19844; Lot B, DP 356130
Local
387
Epping
House
39 Norfolk Road
Lot D, DP 100750
Local
801
Epping
“Gwydir”
40 Norfolk Road
Lot 1, DP 942564
Local
388
Epping
House
41 Norfolk Road
Lot 7, DP 5910
Local
802
Epping
“Montrose”
43 Norfolk Road
Lot 6, DP 5910
Local
803
Epping
“Glenorie”
44 Norfolk Road
Lot 3, DP 554665
Local
389
Epping
“School of Arts” and garden
9 Oxford Street
Lots 2–4, DP 1118567; Lot 1, DP 173145
Local
391
Epping
Shops
10–16 Oxford Street
Lots B–D, DP 385600; Lot 102, DP 800177
Local
392
Epping
Our Lady Help of Christians Church
31 Oxford Street
Lot 24, Section 1, DP 758390
Local
393
Epping
House
38 Oxford Street
Lot 1A, DP 102387
Local
804
Epping
House
48 Oxford Street
Lot 1, DP 206646
Local
394
Epping
Chester Street Uniting Church and grounds
56A Oxford Street
Lots A and D, DP 936032
Local
395
Epping
House
73A Oxford Street
Lot 2, DP 840716
Local
396
Epping
House
85 Oxford Street
Lot 1, DP 203268
Local
805
Epping
“Folkestone”
87 Oxford Street
Lot 2, DP 203268
Local
397
Epping
House
91 Oxford Street
Lot 1, DP 603589
Local
806
Epping
House and garden
93 Oxford Street
Lot 11, Section 9, DP 758390
Local
398
Epping
St Alban’s Anglican Church and grounds
3–5 Pembroke Street
Lots 1 and 2, DP 398835
Local
399
Epping
Epping Public School—original building dated 1901 (excluding other buildings and grounds)
27–33 Pembroke Street
Lots 4–13, Section 13, DP 758390
Local
385
Epping
“Stanley House”
58 Pembroke Street
Lot 1, DP 418743
Local
400
Epping
House
108 Pennant Parade
Lot 3, DP 27715
Local
401
Epping
“Woodlands”
25 Ray Road
DP 1180988
Local
403
Epping
House
80 Ray Road
Lot 2, DP 501642
Local
404
Epping
House
142–144 Ray Road
Lot 21, DP 619827
Local
405
Epping
House
166 Ray Road
Lot 2, DP 218333
Local
406
Epping
House
184 Ray Road
Lot 4, DP 218235
Local
407
Epping
House
9 Rosebank Avenue
Lot B, DP 334278
Local
408
Epping
House
10 Rosebank Avenue
Lot 14, DP 16580
Local
409
Epping
Dence Park
26X Stanley Road
Lots A–C, DP 417846; Lot 1, DP 1083761; Lot 1, DP 441025; Lot 2, DP 1083761; Lot B, DP 417995; Lot A, DP 403412
Local
410
Epping
“Tallwood Lodge”
35–37 Stanley Road
Lots 3 and 4, DP 203273
Local
411
Epping
House
8 Surrey Street
Lot A, DP 327719
Local
807
Epping
House
18 Surrey Street
Lot 1, DP 104104
Local
808
Epping
House
33 Surrey Street
Lot A, DP 408315
Local
809
Epping
House
40 Surrey Street
Lot 29, Section 12, DP 758390
Local
412
Epping
House
9 Sussex Street
Lot 2, DP 513929
Local
413
Epping
House
11 Sussex Street
Lot 3, DP 100909
Local
414
Epping
House
15 Sussex Street
Lot A, DP 412678
Local
415
Epping
Street trees
York Street
Road reserve
Local
417
Epping
House
20 York Street
Lot 251, DP 861299
Local
418
Fiddletown
Windbreak and garden
40–44 Cobah Road
Lots 1–3, DP 203756
Local
419
Galston
Galston Community Centre
37 Arcadia Road
Lot 1, DP 632865
Local
420
Galston
Fagan Park group, including Netherby, farm buildings, packing shed, brick kiln site, clay pit and bushland
38–50X Arcadia Road
Lot 1, DP 558731; Lots 12–14 and 16–18, Section 2, DP 975148
Local
421
Galston
Galston Public School—original building, former teacher’s residence and grounds (excluding other buildings)
39–45 Arcadia Road
Lot 10, DP 717345
Local
422
Galston
“Geelans House”
69 Arcadia Road
Lot 14, DP 577251
Local
423
Galston
House
70 Arcadia Road
Lot 3, DP 574791
Local
424
Galston
Stone wall
71–73 Arcadia Road
Lots 2 and 3, DP 227732
Local
425
Galston
“Dumbrell House”
79 Arcadia Road
Lot 1, DP 565107
Local
426
Galston
Windbreak
Bayfield Road
Road reserve (south of Mansfield Road)
Local
428
Galston
House (includes original slab cottage within)
2 Crosslands Road
Lot 100, DP 1022554
Local
430
Galston
Windbreak
29 Crosslands Road
Lot 1, DP 581060
Local
431
Galston
House
295 Galston Road
Lot 64, DP 774512
Local
436
Galston
Galston Branch Library (former church)
357 Galston Road
Lot 1, DP 136221
Local
437
Galston
Galston High School—“Waddell Cottage” and water trough (excluding grounds)
403 Galston Road
Lot 1, DP 591136
Local
438
Galston
Galston Park and memorial
412X Galston Road
Lots 181, 197 and 216, DP 752048
Local
439
Galston
“Linden”
24 Johnson Road
Lot 201, DP 594075
Local
440
Galston
House
61 Knights Road
Lot 3, DP 517203
Local
441
Galston
House
4 Mid-Dural Road
Lot 1, DP 789383
Local
442
Galston
House
10 Mid-Dural Road
Lot 4, DP 789383
Local
443
Galston
Stone house
3–5 Sallaway Road
Lot A, DP 441669
Local
446
Galston
Pipe organ
11 School Road
Lot 3, DP 2926
State
447
Glenhaven
Roadside trees
Old Northern Road
Road reserve (east of Round Corner shops to reservoirs)
Local
448
Glenorie
Original weatherboard house
1319–1321 Old Northern Road
Lot 4, DP 831026
Local
449
Glenorie
Glenorie Mission Hall
1409 Old Northern Road
Lot 5, DP 1139208
Local
451
Glenorie
House
1475 Old Northern Road
Lot 1, DP 212137
Local
452
Glenorie
Former church
1477 Old Northern Road
Part Lot A, DP 344063
Local
453
Glenorie
“Hazlehurst”
1509–1517 Old Northern Road
Lot 2, DP 542209
Local
454
Glenorie
“The Manor”
1523 Old Northern Road
Lot 2, DP 570784
Local
455
Glenorie
Glenorie Memorial Hall and war memorial precinct
1729 Old Northern Road
Lot 94, DP 752014
Local
456
Glenorie
House
2895—2931 Old Northern Road
Lots 64 and 65, DP 752014
Local
457
Hornsby
House
3 Bridge Road
Lot 1, DP 17334
Local
459
Hornsby
House
21 Bridge Road
Lot 1, DP 981706
Local
460
Hornsby
House
33 Bridge Road
Lot 11, DP 1052853
Local
461
Hornsby
“The Glen”
47 Burdett Street
Lot 31, DP 840973
Local
462
Hornsby
Edgeworth David House (“Coringah”) and grounds
49 Burdett Street
Lot C, DP 103069
Local
463
Hornsby
“House O’Hill Cottage”
62 Burdett Street
Lot 100, DP 847306
Local
464
Hornsby
House and garden
27–31 Clarke Road
Lot 1, DP 857049
Local
779
Hornsby
Barker College Junior school
College Crescent
Lot 1, DP 1146779
Local
465
Hornsby
Sandstone fence
2 Dilkera Close
Lot 4, DP 231944
Local
466
Hornsby
House
4 Dilkera Close
Lot 5, DP 231944
Local
467
Hornsby
Street trees
Dural Street
Road reserve
Local
468
Hornsby
“Norwood”
6 Dural Street
Lot 9, Section 1, DP 1880
Local
469
Hornsby
Christian Science Church
19 Dural Street
Lot 1, DP 936819
Local
470
Hornsby
“Wyuni” and gardens
23 Dural Street
Lot A, DP 339640
Local
471
Hornsby
Garden, fence and paths
32 Dural Street
Lot 2, DP 414827
Local
472
Hornsby
House and fence
33 Dural Street
Lot 1, DP 971152
Local
473
Hornsby
House
39 Dural Street
Lot 1, DP 971374
Local
474
Hornsby
“Birklands”
52 Dural Street
Lot C, DP 361718
Local
824
Hornsby
Street trees
Edgeworth David Avenue
Road reserve
Local
475
Hornsby
Hornsby Girls’ High School—buildings and masonry fence (excluding other school structures and grounds)
12 Edgeworth David Avenue
Lots 1–12, Section 2, DP 2669; Lots 16–30, Section 2, DP 2669; Lots 1–15, Section 3, DP 2669; Lot 1, DP 122994
Local
476
Hornsby
“Wallarobba” and Willow Park
25–27 Edgeworth David Avenue
Lot G, DP 364260; Lot 5, DP 35377
Local
477
Hornsby
“Wirruna” and gardens
33 Frederick Street
Lot 2, DP 881170
Local
479
Hornsby
House
1 Galston Road
Lot 2, DP 610671
Local
480
Hornsby
House
9 Galston Road
Lot 11, DP 882923
Local
481
Hornsby
House
10 Galston Road
Lot 1, DP 574472
Local
482
Hornsby
Hornsby War Memorial Hall
2 High Street
Lot 1, DP 585721
Local
483
Hornsby
Railway cloak room buildings
Jersey Street
Lot 164, DP 1043781
Local
552
Hornsby
Railway station
Jersey Street
Lot 164, DP 1043781
Local
551
Hornsby
SRA electricity plant and signal box
Jersey Street
Lot 164, DP 1043781
Local
485
Hornsby
Street trees
Jersey Street
Road reserve (east side)
Local
484
Hornsby
Shops
1–3 Jersey Street
Lot 4, DP 2947
Local
486
Hornsby
“The Browsery Cottage”
5 Jersey Street
Lot 5, Section 12, DP 2947; Lot 1, DP 618775
Local
487
Hornsby
Garden
4 Lisgar Road
Lot 2, DP 556814
Local
488
Hornsby
Garden
6 Lisgar Road
Lot A, DP 315299; Lot 12, DP 7679
Local
489
Hornsby
Garden
8 Lisgar Road
Lot 4, DP 505370
Local
490
Hornsby
House and garden
10 Lisgar Road
Lot 5, DP 508064
Local
491
Hornsby
Lisgar Gardens
23, 27X and 35X Lisgar Road
Lot 2, DP 421280; Lot 54, DP 4242
Local
492
Hornsby
“The Lodge”
31 Lodge Street
Lot 2, DP 419084
Local
493
Hornsby
Street trees
Manor Road
Road reserve
Local
494
Hornsby
“Mount Wilga” and grounds
2A Manor Road
Lot 101, DP 1166007
State
495
Hornsby
“Wyreema”
8 Maranta Street
Lot 2, DP 219033
Local
497
Hornsby
Neal Park and bushland
31X Northcote Road
Lot 1, DP 23533
Local
549
Hornsby
House
27 Old Berowra Road
Lot 4, Section 1, DP 2053
Local
498
Hornsby
House
29 Old Berowra Road
Lot 5, Section 1, DP 2053
Local
499
Hornsby
Road median, lights and palms
Pacific Highway
Road reserve
Local
500
Hornsby
Barker College—group of buildings, grounds and gate
91 Pacific Highway
Lot 1, DP 1146779
Local
501
Hornsby
Barker College—Centenary Design Centre, McCaskill Music Centre and Development Office
91 Pacific Highway (2, 4, 6 and 8–10 The Avenue and 2–6 Unwin Road)
Lot 1, DP 1146779
Local
782
Hornsby
Hornsby Cinema
155 Pacific Highway
Lots 1 and 2, DP 928791
Local
502
Hornsby
War Memorial and Palms
155X Pacific Highway
Road reserve
Local
503
Hornsby
Shop
165–167 Pacific Highway
Lot C, DP 317651
Local
504
Hornsby
Shop
169 Pacific Highway
Lot B, DP 317651
Local
505
Hornsby
Shop
171 Pacific Highway
Part Lot A, DP 317651
Local
506
Hornsby
“The Junction Stores”
173 Pacific Highway
Lot A, DP 29328
Local
507
Hornsby
Shop
175 Pacific Highway
Lot B, DP 29328
Local
508
Hornsby
Shop
183–183A Pacific Highway
Lot D, DP 418320
Local
509
Hornsby
Bank
185 Pacific Highway
Lot 1, Section 2, DP 1880
Local
510
Hornsby
Shop
187 Pacific Highway
Lot C, DP 367580
Local
511
Hornsby
Bank
193 Pacific Highway
Lot B, DP 384707
Local
512
Hornsby
Hornsby Park—sandstone steps
203X Pacific Highway
Lot 7306, DP 1157797
Local
513
Hornsby
St. Peter’s Anglican Church and hall
207–207A Pacific Highway
Lot 2, DP 600146; Lot 296, DP 752053
Local
514
Hornsby
House
237 Pacific Highway
Lot X, DP 415267
Local
515
Hornsby
“Belmont”
241 Pacific Highway
Lot 6, DP 659126
Local
516
Hornsby
House
249 Pacific Highway
Lot A, DP 384457
Local
517
Hornsby
“Bingley Hall”
269 Pacific Highway
Lot X, DP 372202
Local
518
Hornsby
Hornsby Court House
292 Pacific Highway
Lot 299, DP 752053
Local
519
Hornsby
Hornsby Shire Council Chambers
296 Pacific Highway
Lot 300, DP 752053; Lot 1, DP 564600; Lot 1, DP 564599
Local
520
Hornsby
TAFE College—Buildings “K” and “M” and grounds (excluding other buildings)
298–300 Pacific Highway
Part Lot 1, DP 855847
Local
521
Hornsby
House
344 Pacific Highway
Lot 2, DP 864336
Local
522
Hornsby
House and garden
352 Pacific Highway
Lot 101, DP 629769
Local
523
Hornsby
“Carnralla”
368 Pacific Highway
Lot 73, DP 545124
Local
524
Hornsby
“Hovenden”
384 Pacific Highway
Lot A, DP 397663
Local
525
Hornsby
House
394 Pacific Highway
Lot B, DP 396653
Local
526
Hornsby
Street trees
Palmerston Road
Road reserve
Local
528
Hornsby
Hornsby Hospital—“Collingridge House” (excluding grounds)
38–76 Palmerston Road
Lot 8118, DP 1237240
Local
529
Hornsby
Street trees
Pretoria Parade
Road reserve
Local
530
Hornsby
House
38 Pretoria Parade
Lot 320, DP 1052207
Local
533
Hornsby
Reddy Park
53–61X Pretoria Parade
Lot 1, DP 6629
Local
532
Hornsby
House
64 Pretoria Parade
Lot F, DP 102630
Local
535
Hornsby
House
26 Pulbrook Parade
Lot 1, DP 1165114
Local
828
Hornsby
Sandstone steps
Quarry Road
Lot 7306, DP 1157797; adjacent road reserve
Local
537
Hornsby
Diatreme Hornsby Quarry and surrounding vegetation
1X Quarry Road
Lot 1, DP 926103; Lots A and D, DP 318676
Local
538
Hornsby
House
34 Rosamond Street
Lot 301, DP 1085755
Local
540
Hornsby
House
45 Rosamond Street
Lot 21, Section C, DP 2053
Local
541
Hornsby
House
48 Rosamond Street
Lot 3, DP 29726
Local
542
Hornsby
Hornsby Rifle Range
64 and 64X Rosamond Street
Lot 932, DP 75253; Lot 232, DP 752048
Local
543
Hornsby
Street trees
Rosemead Road
Road reserve (upper eastern section)
Local
544
Hornsby
“Mt. Errington” and gardens
1 Rosemead Road
Lot A, DP 327582
Local
545
Hornsby
House
4 Rosemead Road
Lot 51B, DP 412118
Local
546
Hornsby
“The Haven”
6 Rosemead Road
Lot 522, DP 626635
Local
825
Hornsby
“Kuranda”
8 Rosemead Road
Lot 53, DP 3369
Local
826
Hornsby
Garden tree
12 Rosemead Road
Lot 1, DP 620465
Local
547
Hornsby
House
18 Rosemead Road
Lot 22, DP 7679
Local
548
Hornsby
Street trees
William Street
Road reserve
Local
553
Hornsby
House
24 William Street
Lot 1, DP 869009
Local
554
Hornsby
House
32 William Street
Lot 36, Section 2, DP 1880
Local
555
Hornsby
“Brinawa” and garden
44 William Street
Lot A, DP 306626; Lot 1, DP 125654
Local
556
Hornsby
House
52 William Street
Lot 5, DP 17856
Local
557
Hornsby Heights
Street trees
Galston Road
Road reserve (between Ryan Avenue and Montview Parade)
Local
558
Hornsby Heights
Rofe Park
100X Galston Road
Lots 364, 405–420, 684 and 882, DP 752053; Lots 7013 and 7014, DP 1124511; Lot 7063, DP 93660; Lot 23, DP 40000
Local
559
Hornsby Heights
Hopeville Park
11X Marine Crescent
Lot 1022, DP 752053
Local
560
Hornsby Heights
“Binbrook”
7 Rofe Crescent
Lot A, DP 368246
Local
561
Hornsby Heights
Indigenous vegetation
Somerville Road
Road reserve (between 137 and 213 Somerville Road)
Local
562
Hornsby Heights
Public Reserve
264–266X Somerville Road
Lots 3, 4 and 8, DP 248320
Local
563
Hornsby Heights
Crosslands Reserve
441 Somerville Road
Lot 311, DP 752053; Lot 1, DP 995496
Local
564
Laughtondale
“White Rock”, house
422 Singleton Road
Lot 2, DP 506876
Local
565
Laughtondale
Fords Farm
1275 Singleton Road
Lot 40, DP 752029
Local
566
Middle Dural
“Mountain View”
1229 Old Northern Road
Lot A, DP 154144
Local
570
Middle Dural
“Spring Hill” and garden
1231 Old Northern Road
Lot 31, DP 864916
Local
571
Middle Dural
Bushland reserve
18—20 Sallaway Road
Lot 90, DP 752048
Local
572
Milsons Passage
Prison building
Milson Island
Lot 13, DP 752026
Local
573
Mount Colah
Peat Park
31X Amaroo Avenue
Lot 887, DP 752053; Lot 103, DP 776683
Local
574
Mount Colah
Hunt Reserve
1X Beryl Avenue
Lot 7007, DP 93674
Local
575
Mount Colah
“Bobbin Inn” (Ku-ring-gai Chase National Park)
Ku-ring-gai Chase Road
Crown land
Local
576
Mount Colah
Berry Park
39X–41X Ku-ring-gai Chase Road and 36X Berowra Road
Lot 10, DP 285197; Lot 25, DP 285203; Lot 102, DP 830951
Local
577
Mount Colah
“The Lodge”
59X Ku-ring-gai Chase Road
Lot 108, DP 40000
Local
578
Mount Colah
House
534 Pacific Highway
Lot B, DP 350949
Local
580
Mount Colah
Mount Colah Public School—grounds (excluding buildings)
19–21 Telopea Street
Lots 1 and 2, DP 380552; Lot B, DP 369944; Lot 1, DP 391270; Lot 1, DP 205103; Lots 1 and 2, DP 7172
Local
582
Mount Kuring-gai
House
18 Crawford Road
Lot A, DP 407497
Local
583
Mount Kuring-gai
House
3 Glenview Road
Lot A, DP 393171
Local
584
Mount Kuring-gai
Mount Kuring-gai Public School—grounds
5–9 King Street
Lot 1, DP 410642; Lots A and B, DP 322811; Lot 13, Section 3, DP 1226; Lot 1, DP 387185; Lot 1, DP 438966; Lots A and B, DP 373625; Lots 10–12, DP 774997
Local
585
Mount Kuring-gai
Pedestrian bridge
Newcastle Freeway
Road reserve
Local
586
Mount Kuring-gai
Mount Kuring-gai Railway Station
790 Pacific Highway
Transport corridor
Local
587
Normanhurst
Street trees
Calga Avenue
Road reserve
Local
589
Normanhurst
Street trees
Campbell Avenue
Road reserve
Local
590
Normanhurst
Davidson Park
9X Denman Parade
Lot 1, DP 9413; Lot F, DP 350516
Local
592
Normanhurst
Street trees
Ferndale Road
Road reserve
Local
593
Normanhurst
Street trees
Fraser Road
Road reserve (east side)
Local
594
Normanhurst
House
3 Fraser Road
Lot 11, DP 9413
Local
595
Normanhurst
Street trees
Harris Road
Road reserve (east side)
Local
597
Normanhurst
Street trees
Malsbury Road
Road reserve
Local
598
Normanhurst
House
40 Malsbury Road
Lot 1, DP 219370
Local
599
Normanhurst
House
44 Malsbury Road
Lot X, DP 413792
Local
600
Normanhurst
House
62 Malsbury Road
Lot 1, DP 211880
Local
601
Normanhurst
Roadside trees and bushland
Milson Parade
Road reserve (east side)
Local
602
Normanhurst
House
4 Mount Pleasant Avenue
Lot D, DP 366271
Local
603
Normanhurst
Roadside trees and bushland
Nanowie Avenue
Road reserve (including lower end of Hinemoa Avenue)
Local
604
Normanhurst
“Chislehurst”
41 Pennant Hills Road
Lot 2, DP 226288
Local
827
Normanhurst
House
45 Pennant Hills Road
Lot 16, DP 735131
Local
605
Normanhurst
“Gilligaloola” and garden
82 Pennant Hills Road
Lot 100, DP 1063959
State
606
Normanhurst
Loretto Convent group—grounds, gates and cemetery
91–93 Pennant Hills Road and 16–22 Mount Pleasant Avenue
Lot 3, DP 1217496; Lot 5, DP 1218765; Lot 16, DP 6612
Local
607
Normanhurst
Kenley Park and Hornsby Shire Historical Society drill hall
136–140X Pennant Hills Road
Lot 1, DP 391288
Local
608
North Epping
House
57 Norfolk Road
Lot 7, DP 1046298
Local
609
North Epping
House
61 Norfolk Road
Lot 4, DP 1046298
Local
610
North Epping
Epping Park
66X Norfolk Road
Lots 11 and 12, DP 842167; Lots 439 and 440, DP 752028
Local
611
North Epping
House
70 Norfolk Road
Lot 1, DP 540890
Local
612
North Epping
House and garden
80 Norfolk Road
Lot C, DP 414497
Local
829
Pennant Hills
House
7 Albion Street
Lot 2, DP 404428
Local
613
Pennant Hills
House
8 Albion Street
Lot 1, DP 861075
Local
614
Pennant Hills
“Windermere”
12 Albion Street
Lot F, DP 32940
Local
615
Pennant Hills
House
68 Bellamy Street
Lot A, DP 421252
Local
617
Pennant Hills
House and garden
108 Bellamy Street
Lot 3, DP 553329
Local
830
Pennant Hills
St. Agatha’s Primary School—grounds (excluding buildings)
18–26 Boundary Road
Lot 14, DP 1209764
Local
618
Pennant Hills
“Cheddington” and stables (formerly “Niara”)
27 Boundary Road
Lot 4, DP 622198; Lot 17, DP 1210302
Local
619
Pennant Hills
House and garden
84–86 Boundary Road
Lot 10, DP 220263
Local
620
Pennant Hills
Pennant Hills High School—grounds (excluding buildings)
90 Boundary Road
Lot 21, DP 1071913; Lot 5, DP 508385; Lot 1, DP 210730; Lots 4–7, DP 220263
Local
621
Pennant Hills
Public reserve
1X Briddon Close
Lots 12–14, DP 216312
Local
622
Pennant Hills
“Gordan”
8 Britannia Street
Lot A, DP 404573
Local
623
Pennant Hills
House
12 Britannia Street
Lot 1, DP 207118
Local
624
Pennant Hills
House
18 Britannia Street
Lot 1, DP 233176
Local
625
Pennant Hills
House
7 Fulbourne Avenue
Lot 14, DP 10203
Local
626
Pennant Hills
House
6 George Street
Lot 50, DP 13079
Local
627
Pennant Hills
House
43 George Street
Lot 1, DP 1017264
Local
628
Pennant Hills
House
6 Greycliffe Avenue
Lot 192, DP 865189
Local
629
Pennant Hills
House
17 Greycliffe Avenue
Lot 87, DP 11134
Local
630
Pennant Hills
House
28 Greycliffe Avenue
Lot 11, DP 864507
Local
631
Pennant Hills
“Doonba”
1A Hampden Road
Lot 1, DP 222072
Local
632
Pennant Hills
House
11 Hampden Road
Lot A, DP 357865
Local
633
Pennant Hills
House
36 Hampden Road
Lot 2, DP 590517
Local
634
Pennant Hills
House
40 Hampden Road
Lot 261, DP 591168
Local
635
Pennant Hills
House
4 Harold Avenue
Lot 8, DP 13079
Local
636
Pennant Hills
House
18 Hillcrest Road
Lot 24, Section 2, DP 6740
Local
637
Pennant Hills
Street trees
Laurence Street
Road reserve
Local
638
Pennant Hills
Lillian Frazer Gardens
1 Laurence Street
Lots 1 and 2, DP 527529
Local
639
Pennant Hills
Street trees
Lilla Road
Road reserve (lower southern end)
Local
640
Pennant Hills
“Eudora” and garden
1B Lilla Road
Lot 11, DP 839054
Local
641
Pennant Hills
“The Glen”
16 Lilla Road
Lot 1, DP 512282
Local
642
Pennant Hills
Street trees
Loftus Road
Road reserve (adjacent to 8B Loftus Road and 46 Victoria Road)
Local
679
Pennant Hills
House
27 Loftus Road
Lot 4, DP 204012
Local
643
Pennant Hills
House and grounds, including convict brick paths, stone love seat, palm tree, remnant circular drive and beehive well
41 Loftus Road
Lot 9, DP 208266
Local
644
Pennant Hills
House
16 Maple Avenue
Lot 26, DP 11939
Local
645
Pennant Hills
Baden Powell Scout Centre—buildings, gate and grounds
19 Orchard Street
Lot 514, DP 752053
Local
646
Pennant Hills
St Luke’s Church Hall
323 Pennant Hills Road
Lot 26, DP 263536
Local
648
Pennant Hills
House and fence
327 Pennant Hills Road
Lot 24, DP 263536
Local
649
Pennant Hills
“Pomona” and garden
333A Pennant Hills Road
Lot 18, DP 263536
Local
650
Pennant Hills
Former Bank of New South Wales building
370 Pennant Hills Road
Part Lot 23, DP 11134
Local
651
Pennant Hills
“Camira”
418 Pennant Hills Road
Lot 48, DP 1208102
Local
652
Pennant Hills
Mount St. Benedict’s Convent and grounds
449D Pennant Hills Road
Lot 10, DP 1209584
Local
653
Pennant Hills
Observatory Park—Observatory site and park
449X Pennant Hills Road
Lot 71, DP 1208019
Local
654
Pennant Hills
House
12–14 Pomona Street
Lot 1, DP 531756
Local
655
Pennant Hills
House
15 Pomona Street
Lot 75, DP 660810
Local
656
Pennant Hills
House
17 Pomona Street
Lot 11, DP 1091326
Local
657
Pennant Hills
House
22 Pomona Street
Lot 2, DP 507663
Local
658
Pennant Hills
House
23 Pomona Street
Lot 1, DP 882503
Local
659
Pennant Hills
Fence
34 Ramsay Road
Lot 78, DP 11134
Local
660
Pennant Hills
Fence
35 Ramsay Road
Lot 1, DP 317985
Local
661
Pennant Hills
House and fence
37 Ramsay Road
Lot A, DP 364826
Local
662
Pennant Hills
House
49 Ramsay Road
Lot 44, DP 11135
Local
663
Pennant Hills
House
22 Rosemount Avenue
Lot 1, DP 208583
Local
664
Pennant Hills
“Lallewoon”
5 Stevens Street
Lot 3, DP 25833
Local
665
Pennant Hills
“Bushloe”
25–27 Stevens Street
Lot 33, DP 1213607
Local
666
Pennant Hills
House
26 Stevens Street
Lot B, DP 414512
Local
667
Pennant Hills
House and garden
3 The Crescent
Lot 1, DP 882838
Local
668
Pennant Hills
House
4 The Crescent
Lot 1, DP 1160935
Local
669
Pennant Hills
House
6 The Crescent
Lot A, DP 358523
Local
670
Pennant Hills
House and garden
7 The Crescent
Lot 4, DP 942925; Lot 1, DP 80733
Local
671
Pennant Hills
House
10 The Crescent
Lot 1, DP 212400
Local
672
Pennant Hills
“Abbotsleigh” and garden
11–15 The Crescent
Lot 4A, DP 4592; Lot 5, DP 942925; Lot A, DP 13079
Local
673
Pennant Hills
House
14 The Crescent
Lot 1, DP 26729
Local
674
Pennant Hills
“Barncleuth” and grounds
17 The Crescent
Lot 5, DP 4592
Local
675
Pennant Hills
“Glen Ayr”
23 The Crescent
Lot Y, DP 388521
Local
676
Pennant Hills
“Limona”
23 Thompson Close (470–472 Pennant Hills Road)
Lot 4, DP 1062109
Local
677
Pennant Hills
House
6 Thorn Street
Lot 1, DP 1120368
Local
678
Pennant Hills
House
20 Warne Street
Lot 38, DP 1213819
Local
680
Pennant Hills
House
24 Warne Street
Lot 34, DP 1213819
Local
681
Pennant Hills
House
9 Weemala Road
Lot 60, DP 11134
Local
682
Pennant Hills
“Hillcourt”
9 Werona Street
Lot 1, DP 524506
Local
683
Pennant Hills
“Karoola”
14 Werona Street
Lot 30, DP 1213607
Local
684
Pennant Hills
“Sillaton”
4 Westwood Street
Lot 11, DP 7505
Local
685
Pennant Hills
House
6 Westwood Street
Lot 12, DP 7505
Local
686
Pennant Hills
House
22 Westwood Street
Lot 2, DP 229929
Local
687
Pennant Hills
Bushland
Wongala Crescent
Road reserve
Local
688
Pennant Hills
House
4 Yarrara Road
Lot 3, Section 15, DP 2097
Local
689
Pennant Hills
House
6 Yarrara Road
Lot 4, Section 15, DP 2097
Local
690
Pennant Hills
“The Maze”
18–20 Yarrara Road
Lot 1, DP 10203
Local
691
Pennant Hills
Wollundry Park
60–62X Yarrara Road
Lots 8 and 9, DP 5158; Warne Street road reserve
Local
692
Singletons Mill
Cottage
1549 Singleton Road
Part of Lot 4, DP 752029
Local
832
Thornleigh
House
37 Bellevue Street
Lot 10, Section 13, DP 2033
Local
694
Thornleigh
House
4 Clifford Avenue
Lot 23, Section A, DP 7921
Local
695
Thornleigh
House
24 Dartford Road
Lot 1, DP 101091
Local
696
Thornleigh
House
36 Dartford Road
Lot 1, DP 506283
Local
697
Thornleigh
“The Laurels”—house and garden
41 Dartford Road
Lot 2, DP 512933
Local
698
Thornleigh
House and garden
92 Dartford Road
Lot 67, DP 14631
Local
699
Thornleigh
Sandstone kerb and gutter
Dawson Avenue
Road reserve
Local
700
Thornleigh
“Hilton”
4 Dawson Avenue
Lot 19, Section B, DP 7921
Local
701
Thornleigh
“Woodlands”
15–17 Duffy Avenue
Lot 1, DP 200291
Local
703
Thornleigh
House
28 Duffy Avenue
Lot 4, DP 657592
Local
704
Thornleigh
“Windyhaugh” and grounds
50 Duffy Avenue
Lot 114, DP 878707
Local
705
Thornleigh
Street trees
Giblett Avenue
Road reserve
Local
706
Thornleigh
Oakleigh Park
15X Giblett Avenue
Lot 465, DP 752053
Local
707
Thornleigh
Thornleigh West Public School—grounds (excluding buildings)
18 Giblett Avenue
Lot 1, DP 122888; Lot 1, DP 122887
Local
708
Thornleigh
Trees
22–56 Hillmont Avenue
Lots 25, 26 and 30–39, DP 28362; Lots A and B, DP 403196; Lots 4, 5 and 7, DP 30002; Lots 61 and 62, DP 1111312
Local
709
Thornleigh
Street trees
Loch-Maree Avenue
Road reserve
Local
710
Thornleigh
House
1 Orchard Street
Lot X, DP 415964
Local
711
Thornleigh
“Wallumeda”
5 Orchard Street
Lot 22, Section B, DP 7921
Local
712
Thornleigh
House
2A Paling Street
Lot 1, SP 58495
Local
647
Thornleigh
Brickworks wall and bushland
142 –178 Pennant Hills Road
Lot 1, DP 633292
Local
713
Thornleigh
“Loch Maree House” and garden
237 Pennant Hills Road
Lot 1, DP 245272
Local
714
Thornleigh
Garden tree
253 Pennant Hills Road
Lot 43, DP 263535
Local
715
Thornleigh
House
9 Station Street
Lots 22 and 23, Section 3, DP 1854
Local
718
Thornleigh
House
14 The Comenarra Parkway
Lot 141, DP 882346
Local
720
Thornleigh
House
17 The Esplanade
Lot 1, DP 10930
Local
722
Thornleigh
House
80 The Esplanade
Lot 25, DP 1211837
Local
723
Thornleigh
House
17 Wells Street
Lot 14, Section 15, DP 2097
Local
725
Thornleigh
House
33 Yaralla Crescent
Lot 40, DP 31286
Local
726
Wahroonga
House and fence
79 Alexandria Parade
Lot 6, DP 412076
Local
727
Wahroonga
Street trees
Bundarra Avenue
Road reserve
Local
728
Wahroonga
Garden and fence
44 Bundarra Avenue
Lot 2, DP 611318
Local
730
Wahroonga
Garden
45 Bundarra Avenue
Lots 1–3, DP 1201935
Local
731
Wahroonga
Fence
46 Bundarra Avenue
Lot 1, DP 611318
Local
732
Wahroonga
“Landskrona”
48 Bundarra Avenue
Lot 1, DP 538770
Local
733
Wahroonga
House
50 Bundarra Avenue
Lot 16, DP 17375
Local
734
Wahroonga
Garden
51 Bundarra Avenue
Lot 117, DP 555779
Local
735
Wahroonga
House and garden
54 Bundarra Avenue
Lot 15, DP 17375
Local
736
Wahroonga
House and garden
58–60 Bundarra Avenue
Lot 3, DP 212804
Local
738
Wahroonga
House
64 Bundarra Avenue
Lot Y, DP 386164
Local
739
Wahroonga
Trees in playground
1X Carden Avenue
Lot 1, DP 212506
Local
740
Wahroonga
House
27 Churchill Avenue
Lot 2, DP 7038
Local
741
Wahroonga
Uniting Church
79 Edgeworth David Avenue
Lot 1, DP 962870; Lot 1, DP 131944
Local
742
Wahroonga
Street trees
Edwards Road
Road reserve
Local
743
Wahroonga
Street trees
Fern Avenue
Road reserve
Local
744
Wahroonga
“Highlands House” and garden
9 Highlands Avenue
Lot 5, DP 258247
State
745
Wahroonga
House
34 Highlands Avenue
Lots 37 and 38, DP 18606
Local
746
Wahroonga
House and garden
15 Ingalara Avenue
Lot A, DP 392066
Local
747
Wahroonga
House
22 Ingalara Avenue
Lot 50, DP 13934
Local
748
Wahroonga
House
31–33 Ingalara Avenue
Lot B, DP 333577
Local
749
Wahroonga
House
32 Ingalara Avenue
Lot 55, DP 13934
Local
833
Wahroonga
Street trees
Ingram Road
Road reserve
Local
750
Wahroonga
House
14 Ingram Road
Lot 6, Section 3, DP 2753
Local
751
Wahroonga
House
16 Ingram Road
Lot 5, Section 3, DP 2753
Local
752
Wahroonga
House
52 Ingram Road
Lot 5, Section 1, DP 2753
Local
753
Wahroonga
House
62 Ingram Road
Lot A, DP 311754
Local
754
Wahroonga
House
6 John Hughes Place
Lot 26, DP 703961
Local
755
Wahroonga
“Roselands”
12 John Hughes Place
Lot 10, Section 2, DP 2870
Local
756
Wahroonga
Mercy Family Life Centre—garden and trees
28–32 McAuley Place
Lots 1–3, DP 1122662
Local
757
Wahroonga
Street trees
Myra Street
Road reserve
Local
758
Wahroonga
“Tenterfield” and garden
7–9 Myra Street
Lots A and B, DP 405476
Local
759
Wahroonga
Waitara Public School—grounds (excluding buildings)
48–58 Myra Street
Lots 11–13, DP 17375; Lot A, DP 309739; Lot 1, DP 333142
Local
760
Wahroonga
“Brierdence”
55 Myra Street
Lots 1 and 2, DP 379794
Local
761
Wahroonga
Garden
1 Pacific Highway
Part Lot A, DP 9921
Local
762
Wahroonga
House
8A Pacific Highway
Lot 2, DP 854532
Local
763
Wahroonga
House
23 Pacific Highway
Lot 1, DP 1058248
Local
764
Wahroonga
House
25 Pacific Highway
Part Lot B, DP 306729
Local
765
Wahroonga
“Strathnoon”
31 Pacific Highway
Part Lot 1, DP 315877
Local
766
Wahroonga
St. Paul’s Church (Pearce’s Corner) and grounds
1711 Pacific Highway
Lots A–C, DP 323414
Local
767
Wahroonga
Street trees
Russell Avenue
Road reserve
Local
768
Wahroonga
Street trees
Woonona Avenue
Road reserve
Local
769
Wahroonga
“Cherrygarth” and garden
42 Woonona Avenue
Lot 23, DP 1213773
Local
770
Wahroonga
“Neringala” and garden
46 Woonona Avenue
Lot 1, DP 563185
Local
771
Waitara
Street trees and bushland
Alexandria Parade
Road reserve
Local
772
Waitara
Shop
11–37 Alexandria Parade
Lot 100, DP 848501
Local
773
Waitara
Garden trees
52 Balmoral Street
Lot A, DP 311111
Local
775
Waitara
House
56 Balmoral Street
Lot 6, DP 14823
Local
776
Waitara
House
75 Balmoral Street
Lot 2, DP 513859
Local
777
Waitara
House
1A Clarke Road
Lot 4, DP 26794
Local
778
Waitara
House
59 Edgeworth David Avenue
Lot 2, DP 524141
Local
780
Waitara
House
33 Palmerston Road
Lot 1, DP 930782
Local
781
Waitara
Waitara Park
20X Waitara Avenue
Lot 300, DP 832745
Local
783
West Pennant Hills
Street trees
Cardinal Avenue
Road reserve (north of Pennant Hills Road)
Local
784
West Pennant Hills
House
106 Cardinal Avenue
Lot 2, DP 528360
Local
785
West Pennant Hills
Koala Park
74–78 and 80–82 Castle Hill Road
Lots 1–3, DP 357453; Lot 1, DP 135392
Local
786
West Pennant Hills
Street trees
Dean Street
Road reserve
Local
787
West Pennant Hills
House
5 Fairburn Avenue
Lot 5, DP 1025115
Local
788
West Pennant Hills
New Farm Road Bushland Reserve
24X John Savage Crescent, 8X Leumeah Close and 52X New Farm Road
Lot 16, DP 212664; Lot 26, DP 220781; Lot 2, DP 605749
Local
789
West Pennant Hills
House
37 New Line Road
Lot 31, DP 857912
Local
790
West Pennant Hills
House
75 Victoria Road
Lot A, DP 385479
Local
792
West Pennant Hills
Campbell Park
3X Wilga Street
Lots 1 and 2, DP 1015022
Local
793
Wisemans Ferry
Road, stone wall, bridge, escarpment and drain
Old Northern Road
Road reserve
Local
794
Wisemans Ferry
Wiseman’s Ferry Inn, including grounds
River Road
Lot 1, DP 733879
Local
795
Wisemans Ferry
Cable ferry
River Road
Waterway
Local
796
Part 2 Heritage conservation areas
Name of heritage conservation area
Identification on Heritage Map
Significance
Barker College Heritage Conservation Area
Shown by red hatching and labelled “C1”
Local
Beecroft—Cheltenham Heritage Conservation Area
Shown by red hatching and labelled “C2”
Local
East Epping Conservation Area
Shown by red hatching and labelled “C9”
Local
Essex Street Conservation Areas
Shown by red hatching and labelled “C10”
Local
Mount Errington Precinct, Hornsby West Side Heritage Conservation Area
Shown by red hatching and labelled “C3”
Local
Pretoria Parade Precinct, Hornsby West Side Heritage Conservation Area
Shown by red hatching and labelled “C4”
Local
Peats Ferry Road Precinct, Hornsby West Side Heritage Conservation Area
Shown by red hatching and labelled “C5”
Local
Rosebank Avenue Conservation Area
Shown by red hatching and labelled “C11”
Local
The Crescent, Pennant Hills Heritage Conservation Area
Shown by red hatching and labelled “C6”
Local
Wahroonga Heritage Conservation Area
Shown by red hatching and labelled “C7”
Local
Wahroonga North Heritage Conservation Area
Shown by red hatching and labelled “C8”
Local
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item no
Arcadia
Waddell Ridge group—dwelling remains, cistern, benchmark, rock inscription, field terracing, road terracing, fenceline and footings
Calabash Road and Calabash Creek
Lots 146, 160 and 178, DP 752048; Crown land
Local
A1
Berowra
Depression era sites
Sam’s Creek, Berowra Valley Regional Park
 
Local
A2
Berowra Creek
Cemetery, church ruins and memorial
Bar Island
Lots 22A, 23A and 24, DP 752040
Local
A3
Berowra Creek
Jetty
Bennets Bay
Waterway
Local
A4
Berowra Creek
Ballast heap
Berowra Creek and Murramurra Creek junction
Waterway
Local
A5
Berowra Creek
Fire trail
McCallums Avenue
Lot 2, DP 882783; Lot 163, DP 1113746; Lots 78, 168, 185 and 194, DP 752048
Local
A6
Berowra Creek
Fretus Hotel ruins
McCallums Avenue fire trail
Lot 3, DP 882783
Local
A7
Berowra Waters
Vehicular cable ferry
Berowra Waters Road and Bay Road
Waterway
Local
A8
Berowra Waters
Boat shed
Berowra Waters Road
Lot 466, DP 727082
Local
A9
Berowra Waters
Kiosk—teahouse
Berowra Waters Road
Crown land
Local
A10
Berowra Waters
Toilet block
Berowra Waters Road
Crown land
Local
A11
Berowra Waters
Tidal bath remains
Franks Bight adjacent to Kirkpatrick Way
Crown land and waterway
Local
A12
Brooklyn
Brooklyn Cemetery
Brooklyn Road
Lot 7031, DP 1076532; Lots 7049 and 7050, DP 1076533; Lot 395, DP 46975
Local
A13
Brooklyn
Governor Phillip Memorial
Dangar Road
Lot 415, DP 52026
Local
A15
Brooklyn
McKell Park—lower, upper, cabbage palms and World War II gun and emplacements
Dangar Road
Lot 1, DP 62933; Lot 1, DP 1005081; Lots 7015 and 7016, DP 1058527
Local
A14
Brooklyn
Brown’s boat shed
10–16 James Road
Lots H, J, K and L, DP 19744
Local
A17
Brooklyn
Old railway dams
Ku-ring-gai Chase National Park
Lot 2, DP 545639
Local
A18
Brooklyn
Hawkesbury River Railway Station group—Brooklyn Railway Station, including platform
Main Northern Railway—Dangar Road to Brooklyn Harbour
Transport corridor
State
A16
Brooklyn
Hawkesbury River Rail Bridge and Long Island group
Main Northern Railway—Long Island
Lots 1 and 2, DP 1002941
State
A19
Brooklyn
Road remains
Old Peats Ferry Road (disused)
Road reserve
Local
A20
Brooklyn
Kangaroo Point
Pacific Highway
Lot 1, DP 740853; Public Reserve; Crown land
Local
A21
Brooklyn
Peats Ferry Road bridge
Pacific Highway
Crown land
Local
A22
Canoelands
Gentleman’s Halt Inn ruins
Gentleman’s Halt
Lot 8, DP 90421
Local
A23
Cherrybrook
Cherrybrook Uniting Church—hall and cemetery
134 New Line Road
Lot 100, DP 1102533
State
A24
Cherrybrook
Bridge, approaches and quarry
Pyes Creek near Woodlark Place
Lot 163, DP 775483
Local
A25
Cowan
House ruins near quarry
1245 and 1247 Pacific Highway
Part Lots 262 and 359, DP 752026
Local
A26
Cowan
Original quarry
Pacific Highway
Mining Lease 10
Local
A27
Cowan
Railway Station
Pacific Highway
Lot 10, DP 1112249
Local
A28
Cowan
Peats Ferry Road remains
Pacific Highway (Muogamarra Nature Reserve)
 
Local
A29
Cowan
Remains of George Peat’s farmhouse
Peats Bight
Lot 8, DP 752026
Local
A30
Cowan
Old road
Peats Bight (Muogamarra Nature Reserve)
 
Local
A31
Dangar Island
Tyneside House
8 Baroona Street
Lot 47, DP 101902
Local
A32
Dangar Island
Bradleys Beach
43X Grantham Crescent
Lot 78, DP 10902
Local
A34
Dangar Island
Sandstone tower
9 Neotsfield Avenue
Lot 62, DP 872117
Local
A35
Dangar Island
Waterfront, seawall, wharf, trees and 1889 railway bridge construction site
Northern foreshore
Waterway
Local
A36
Dangar Island
“The Pavilion”
9 Yallaroi Parade
Lot 2, DP 521484
Local
A37
Dural
Cemetery
885–887 Old Northern Road
Lot 1, DP 616947
Local
A38
Dural
St Jude’s Anglican Church and grounds
951–965 Old Northern Road
Lot 1, DP 589402
Local
A39
Epping
Stone causeway over Devlins Creek
Beecroft Road
Road reserve (near southern end of Old Beecroft Road)
Local
A40
Galston
Fagan Park group—Netherby, farm buildings, packing shed, brick kiln site, clay pit and bushland
38–50X Arcadia Road
Lot 1, DP 558731; Lots 12–14, 16 and 18, Section 2, DP 975148
Local
A41
Galston
Roadworks
Crosslands Road
Road reserve
Local
A42
Galston
Galston Gorge culvert
Galston Road
Road reserve
Local
A44
Galston
Galston Gorge sandstone buttressing
Galston Road
Road reserve
Local
A43
Galston
Galston Gorge timber bridge
Galston Road
Road reserve
State
A46
Galston
Galston Gorge water troughs
Galston Road
Road reserve
Local
A45
Galston
Banksia cottage quarry
40 Mid-Dural Road
Lot 4, DP 583876; Lot 261, DP 859029; Road reserve
Local
A47
Galston
Culvert
Sallaway Road
Road reserve
Local
A48
Glenorie
House and stone sheds
1355 Old Northern Road
Lot 1, DP 615183
Local
A49
Hornsby
Railway cloak room buildings
Jersey Street
Lot 164, DP 1043781
Local
A52
Hornsby
Railway station
Jersey Street
Lot 164, DP 1043781
Local
A51
Hornsby
SRA electricity plant and signal box
Jersey Street
Lot 164, DP 1043781
Local
A50
Hornsby
Suspension bridge
5 Manor Road
Lot 13, DP 15427
Local
A53
Hornsby
Diatreme Hornsby Quarry and surrounding vegetation
1X Quarry Road
Lot 1, DP 926103; Lots A and D, DP 318676
Local
A54
Hornsby
Old Man’s Valley Cemetery, including Higgins’ Family Cemetery, sandstone receptacle, cool room and site of Higgins homestead on which the Higgins Family Memorial is located
1X Quarry Road
Lot D, DP 318676; Lots 1 and 2, DP 169188
State
A55
Laughtondale
Chimney
890 Singleton Road
Lot 50, DP 752029
Local
A57
Laughtondale
Singleton’s Mill
1457 Singleton Road
Lots 17 and 44, DP 752029
Local
A56
Maroota
Great North Road relics
Old Telegraph Road
Road reserve
Local
A58
Mount Kuring-gai
Mount Kuring-gai Railway Station
790 Pacific Highway
Transport corridor
Local
A59
Normanhurst
Loretto Convent group—grounds, gates and cemetery
91–93 Pennant Hills Road and 16–22 Mount Pleasant Avenue
Lot 1, DP 734965; Lots 15 and 16, DP 6612
Local
A60
Pennant Hills
Blackwood Memorial Sanctuary, including North Road culvert
2X Beecroft Road
Lot 70, DP 1208019
Local
A61
Pennant Hills
Observatory Park—Observatory site and park
449X Pennant Hills Road
Lot 7, DP 828179
Local
A62
Singletons Mill
House ruins
Singleton Road
Lot 8, DP 752029
Local
A63
Thornleigh
Quarry and zig zag railway track
De Saxe Close (near end)
Part Lots 847 and 569, DP 752053
Local
A64
Thornleigh
Brickworks wall and bushland
142–178 Pennant Hills Road
Lot 1, DP 633292
Local
A65
Thornleigh
Remains of maltworks
1 Pioneer Avenue
Lot 12, DP 235680; Lot 1, DP 542202
Local
A66
Thornleigh
1830s road remains
The Comenarra Parkway
Road reserve
Local
A67
Thornleigh
Pennant Hills Park—Lorna Pass within Thornleigh
40X The Comenarra Parkway
Lot 7301, DP 1131003
Local
A68
Wisemans Ferry
Road, stone wall, bridge, escarpment and drain
Old Northern Road
Road reserve
Local
A69
Wisemans Ferry
Wiseman’s Ferry Cemetery
Singleton Road
Lot 7004, DP 93995
Local
A71
Wisemans Ferry
Sandstone well/soak
80 Singleton Road
Lot 20, DP 856306
Local
A73
Wisemans Ferry
Mill Creek Mill ruins
174 Singleton Road
Lot 1, DP 59266
Local
A70
Wisemans Ferry
The Lodge
292 Singleton Road
Lot 301, DP 629539
Local
A72
sch 5: Am 2014 (112), Sch 1 [2]–[4]; 2014 (622), Sch 1 [1]–[29]; 2017 (560), Sch 1 [8]–[30]; 2020 (707), Sch 1[4]–[41].
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.
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.
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 Hornsby Shire 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 th