Wollongong Local Environmental Plan 2009 (2010 EPI 76)



Part 1 Preliminary
1.1   Name of Plan
This Plan is Wollongong Local Environmental Plan 2009.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.1A   (Repealed)
cl 1.1A: Rep 2010 (162), Sch 1.7 [1].
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Wollongong 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 provide a framework for land use management,
(b)  to encourage economic and business development to increase employment opportunities,
(c)  to encourage a range of housing choices consistent with the capacity of the land,
(d)  to improve the quality of life and the social well-being and amenity of residents, business operators, workers and visitors,
(e)  to conserve and enhance remnant terrestrial, aquatic and riparian habitats, native vegetation and fauna species,
(f)  to conserve and enhance heritage,
(g)  to ensure that development is consistent with the constraints of the land and can be appropriately serviced by infrastructure,
(h)  to ensure that significant landscapes are conserved, including the Illawarra Escarpment, Lake Illawarra, the drinking water catchment and the coastline.
1.3   Land to which Plan applies
(1)  This Plan applies to the land identified on the Land Application Map.
(1A)  Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
cl 1.3: Am 2014 (351), Sch 1 [1].
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 NSW Planning Portal. 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—
(a)  Illawarra Planning Scheme Ordinance,
(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.
cl 1.8: Am 2010 (162), Sch 1.7 [2] [3]; 2014 (351), Sch 1 [2].
1.8A   Savings provision 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 finally been determined before that commencement, the application must be determined as if this Plan had not commenced.
(2)  A development application made (but not finally determined) before the commencement of Wollongong Local Environmental Plan 2009 (Amendment No 19) is to be determined as if that Plan had not been made.
cl 1.8A: Am 2015 (280), cl 5 (1)
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
(2A)  State Environmental Planning Policy No 71—Coastal Protection does not apply to land within the Wollongong city centre.
cl 1.9: Am 2016 (310), Sch 4.39.
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, or
(h)  to any land vested in the Lake Illawarra Authority under the Lake Illawarra Authority Act 1987.
(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 2011 (363), Sch 29 [1]; 2019 (621), Sch 5[2]–[4].
cl 2.6BB: Ins 2010 (162), Sch 1.7 [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
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B6 Enterprise Corridor
B7 Business Park
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN3 Heavy Industrial
IN4 Working Waterfront
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone—
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part—
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.6A, 2.6B   (Repealed)
cll 2.6A, 2.6B: Rep 2010 (162), Sch 1.7 [1].
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including 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 2010 (162), Sch 1.7 [5]; 2011 (28), Sch 1.10 [1]; 2011 (363), Sch 29 [2]–[29]; 2012 (25), Sch 1 [1]; 2013 (586), cl 4; 2014 No 74, Sch 3.53; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.42 [1] [2]; 2019 (621), Sch 3; 2021 (193), cl 4(1)–(4); 2022 (72), Sch 1.68[1].
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.
2   Permitted without consent
Building identification signs; Extensive agriculture; Home occupations
3   Permitted with consent
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Business identification signs; Dwelling houses; Environmental protection works; Extractive industries; Farm buildings; Forestry; Intensive livestock agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside stalls
4   Prohibited
Any 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 the retention, management or restoration of native vegetation.
2   Permitted without consent
Extensive agriculture; Home occupations; Roadside stalls
3   Permitted with consent
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Crematoria; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Hospitals; Places of public worship; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Rural supplies; Secondary dwellings; Signage; Veterinary hospitals
4   Prohibited
Any 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.
2   Permitted without consent
Home occupations
3   Permitted with consent
Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Extensive Agriculture; Farm buildings; Farm stay accommodation; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Plant nurseries; Recreation areas; Roads; Roadside stalls; Secondary dwellings; Veterinary hospitals
4   Prohibited
Any development not specified in item 2 or 3
Zone R1   General Residential
1   Objectives of zone
  To provide for the housing needs of the community.
  To provide for a variety of housing types and densities.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Group homes; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Tank-based aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone R2   Low Density Residential
1   Objectives of zone
  To provide for the housing needs of the community within a low density residential environment.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boat launching ramps; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hospitals; Hostels; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Signage; Tank-based aquaculture; Veterinary hospitals
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
  To provide for the housing needs of the community within a medium density residential environment.
  To provide a variety of housing types within a medium density residential environment.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; 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; Serviced apartments; Shop top housing; Signage; Tank-based aquaculture; Veterinary hospitals
4   Prohibited
Any other development not specified in item 2 or 3
Zone R4   High Density Residential
1   Objectives of zone
  To provide for the housing needs of the community within a high density residential environment.
  To provide a variety of housing types within a high density residential environment.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
  To allow for high density residential development in close proximity to the Wollongong city centre and other commercial centres.
2   Permitted without consent
Home occupations
3   Permitted with consent
Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Exhibition homes; Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Roads; Seniors housing; Serviced apartments; Shop top housing; Signage
4   Prohibited
Any other development not specified in item 2 or 3
Zone R5   Large Lot Residential
1   Objectives of zone
  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Home occupations
3   Permitted with consent
Animal boarding or training establishments; Bed and breakfast accommodation; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Exhibition homes; Farm buildings; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Roadside stalls; Tank-based aquaculture
4   Prohibited
Any 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.
  To allow for residential accommodation and other uses while maintaining active retail, business or other non-residential uses at the street level.
2   Permitted without consent
Building identification signs; Business identification signs
3   Permitted with consent
Advertising structures; Amusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Business premises; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Home-based child care; Hotel or motel accommodation; Information and education facilities; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Roads; Seniors housing; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals
4   Prohibited
Pond-based aquaculture; Rural supplies; Specialised retail premises; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
Zone B2   Local Centre
1   Objectives of zone
  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
  To encourage employment opportunities in accessible locations.
  To maximise public transport patronage and encourage walking and cycling.
  To allow for residential accommodation and other uses while maintaining active retail, business or other non-residential uses at the street level.
2   Permitted without consent
Building identification signs; Business identification signs; Home occupations
3   Permitted with consent
Advertising structures; Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Exhibition homes; Function centres; Home businesses; Hostels; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Service stations; Sex services premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Wholesale supplies
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B3   Commercial Core
1   Objectives of zone
  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
  To encourage appropriate employment opportunities in accessible locations.
  To maximise public transport patronage and encourage walking and cycling.
  To strengthen the role of the Wollongong city centre as the regional business, retail and cultural centre of the Illawarra region.
  To provide for high density residential development within a mixed use development if it—
(a)  is in a location that is accessible to public transport, employment, retail, commercial and service facilities, and
(b)  contributes to the vitality of the Wollongong city centre.
2   Permitted without consent
Building identification signs; Business identification signs; Home occupations
3   Permitted with consent
Advertising structures; Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Exhibition homes; Function centres; Helipads; Home businesses; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Service stations; Sex services premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Wholesale supplies
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B4   Mixed Use
1   Objectives of zone
  To provide a mixture of compatible land uses.
  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
  To support nearby or adjacent commercial centres without adversely impacting on the viability of those centres.
2   Permitted without consent
Building identification signs; Business identification signs; Home occupations
3   Permitted with consent
Advertising structures; Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Function centres; Home businesses; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Wholesale supplies
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B6   Enterprise Corridor
1   Objectives of zone
  To promote businesses along main roads and to encourage a mix of compatible uses.
  To provide a range of employment uses (including business, office, retail and light industrial uses).
  To maintain the economic strength of centres by limiting retailing activity.
  To encourage activities which will contribute to the economic and employment growth of Wollongong.
  To allow some diversity of activities that will not—
(a)  significantly detract from the operation of existing or proposed development, or
(b)  significantly detract from the amenity of nearby residents, or
(c)  have an adverse impact upon the efficient operation of the surrounding road system.
2   Permitted without consent
Building identification signs; Business identification signs; Home occupations
3   Permitted with consent
Advertising structures; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Entertainment facilities; Environmental facilities; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Home businesses; Hotel or motel accommodation; Industrial retail outlets; Landscaping material supplies; Light industries; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Service stations; Serviced apartments; Sex services premises; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B7   Business Park
1   Objectives of zone
  To provide a range of office and light industrial uses.
  To encourage employment opportunities.
  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
2   Permitted without consent
Building identification signs; Business identification signs
3   Permitted with consent
Advertising structures; Business premises; Centre-based child care facilities; Community facilities; Garden centres; Hardware and building supplies; Helipads; Hotel or motel accommodation; Kiosks; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Respite day care centres; Roads; Tank-based aquaculture; Warehouse or distribution centres
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone IN1   General Industrial
1   Objectives of zone
  To provide a wide range of industrial and warehouse land uses.
  To encourage employment opportunities.
  To minimise any adverse effect of industry on other land uses.
  To support and protect industrial land for industrial uses.
  To facilitate and encourage appropriate forms of industrial development which will contribute to the economic and employment growth of Wollongong.
  To allow some diversity of activities that will not—
(a)  significantly detract from the operation of existing or proposed manufacturing and service industries, or
(b)  significantly detract from the amenity of nearby residents, or
(c)  adversely impact upon the efficient operation of the surrounding road system.
2   Permitted without consent
Building identification signs; Business identification signs
3   Permitted with consent
Advertising structures; Community facilities; Crematoria; Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Heavy industries; Helipads; Industrial retail outlets; Industrial training facilities; Kiosks; Light industries; Liquid fuel depots; Mortuaries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Roads; Service stations; Take away food and drink premises; Tank-based aquaculture; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
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.
  To encourage appropriate forms of industrial development which will contribute to the economic and employment growth of Wollongong.
2   Permitted without consent
Building identification signs; Business identification signs
3   Permitted with consent
Advertising structures; Agricultural produce industries; Animal boarding or training establishments; Boat building and repair facilities; Community facilities; Crematoria; Depots; Freight transport facilities; Garden centres; Hardware and building supplies; Helipads; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Roads; Self-storage units; Service stations; Sex services premises; Take away food and drink premises; Tank-based aquaculture; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone IN3   Heavy Industrial
1   Objectives of zone
  To provide suitable areas for those industries that need to be separated from other land uses.
  To encourage employment opportunities.
  To minimise any adverse effect of heavy industry on other land uses.
  To support and protect industrial land for industrial uses.
  To facilitate the ongoing sustainability of steel making and steel product manufacturing that will contribute to the economic and employment growth of Wollongong.
2   Permitted without consent
Building identification signs; Business identification signs
3   Permitted with consent
Advertising structures; Boat building and repair facilities; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Industrial retail outlets; Kiosks; Light industries; Offensive storage establishments; Oyster aquaculture; Recreation areas; Recreation facilities (indoor); Roads; Rural industries; Service stations; Storage premises; Take away food and drink premises; Tank-based aquaculture; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water supply systems
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
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 encourage development that is compatible with the characteristics of Wollongong Harbour and Belmore Basin.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Charter and tourism boating facilities; Food and drink premises; Information and education facilities; Jetties; Kiosks; Light industries; Marinas; Markets; Mooring pens; Roads; Signage
4   Prohibited
Any development not specified in item 2 or 3
Zone SP1   Special Activities
1   Objectives of zone
  To provide for special land uses that are not provided for in other zones.
  To provide for sites with special natural characteristics that are not provided for in other zones.
  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Building identification signs; Business identification signs
3   Permitted with consent
Advertising structures; Aquaculture; Centre-based child care facilities; Community facilities; Information and education facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
  To provide for infrastructure and related uses.
  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
  To provide for key transport corridors.
2   Permitted without consent
Building identification signs
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; Advertising structures; Business identification signs; Centre-based child care facilities; Community facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads
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.
2   Permitted without consent
Building identification signs; Business identification signs
3   Permitted with consent
Advertising structures; Amusement centres; Aquaculture; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Entertainment facilities; Food and drink premises; Function centres; Information and education facilities; Kiosks; Marinas; Markets; Moorings pens; Moorings; Neighbourhood shops; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Tourist and visitor accommodation; Water recreation structures
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 cater for the development of a wide range of uses and facilities within open spaces for the benefit of the community.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Helipads; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
  To enable land to be used for private open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Nil
3   Permitted with consent
Animal boarding or training establishments; Aquaculture; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Function centres; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone C1   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 C2   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 retain and enhance the visual and scenic qualities of the Illawarra Escarpment.
  To maintain the quality of the water supply for Sydney and the Illawarra by protecting land forming part of the Sydney drinking water catchment, within the meaning of State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 8, to enable the management and appropriate use of the land by Water NSW.
2   Permitted without consent
Nil
3   Permitted with consent
Environmental facilities; Environment protection works; Extensive agriculture; Oyster aquaculture; Recreation areas
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 C3   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.
2   Permitted without consent
Home occupations
3   Permitted with consent
Animal boarding or training establishments; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Forestry; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone C4   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.
2   Permitted without consent
Building identification signs; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Business identification signs; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture
4   Prohibited
Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W1   Natural Waterways
1   Objectives of zone
  To protect the ecological and scenic values of natural waterways.
  To prevent development that would have an adverse effect on the natural values of waterways in this zone.
  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Environmental facilities; Environmental protection works; Moorings pens; Moorings; Recreation areas; Water recreation structures
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 the sustainable and viable economic use of Lake Illawarra and other waterways.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Kiosks; Marinas; Mooring pens; Moorings; Passenger transport facilities; Recreation areas; Restaurants or cafes; Take away food and drink premises; Water recreation structures
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
Zone W3   Working Waterways
1   Objectives of zone
  To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
  To promote the equitable use of waterways, including appropriate recreational uses.
  To minimise impacts on ecological values arising from the active use of waterways.
  To provide for sustainable fishing industries.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Marinas; Moorings; Moorings pens; Port facilities; Water recreation structures; Wharf or boating facilities
4   Prohibited
Any 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.
(4A)    (Repealed)
(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.
cl 3.1: Am 2010 (162), Sch 1.7 [6].
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.
(4A)  To be complying development, the development must not be carried out on any of the following land—
(a)  land within 100 metres of Lake Illawarra,
(b)  land shown on the Acid Sulfate Soils Map as being in class 1 or 2,
(c)  land to which clause 7.8 (Illawarra Escarpment area conservation) applies,
(e)  land within Zone RU1, E2, E3, W1 or W2,
(f)  land with a slope of 18 degrees or greater.
(4B)    (Repealed)
(5)  A heading to an item in Schedule 3 is part of that Schedule.
cl 3.2: Am 2010 (162), Sch 1.7 [7]; 2011 (28), Sch 1.10 [2]; 2022 (72), Sch 1.68[2].
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,
(ja)  land identified as containing an endangered ecological community under the Fisheries Management Act 1994 or the Threatened Species Conservation Act 1995,
(jb)  land to which clause 7.3 (Flood planning area) applies,
(jc)  land to which clause 7.8 (Illawarra Escarpment area conservation) applies.
cl 3.3: Am 2011 (363), Sch 29 [30].
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to control the density of subdivision in accordance with the character of the location, site constraints and available services, facilities and infrastructure,
(b)  to ensure lots are of a sufficient size and shape 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.
(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 2021.
(4A)  In calculating the area of any lot resulting from a subdivision of land, if the lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included.
(4B)  This clause does not apply in relation to the subdivision of land for the purpose of erecting an attached dwelling or a semi-detached dwelling in a residential zone.
(4C)  This clause does not apply in relation to the subdivision of land in a residential zone on which there is an existing dual occupancy or multi dwelling housing.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
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 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Ins 2011 (363), Sch 29 [31].
4.1A   Minimum lots sizes for certain split zones
(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 clause 4.1,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in a residential, business or industrial zone or in Zone E4 Environmental Living, and
(b)  land in a rural zone or Zone E2 Environmental Conservation or Zone E3 Environmental Management.
(3)  Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)  one of the resulting lots will contain—
(i)  land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in a rural zone, Zone E2 Environmental Conservation or Zone E3 Environmental Management that was in the original lot, and
(b)  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
cl 4.1A: Ins 2012 (25), Sch 1 [2].
4.1B   Lot averaging subdivision in Zone RU2, Zone E3 and Zone E4
(1)  The objective of this clause is to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.
(2)  This clause applies to the following land in the Yallah-Marshall Mount Precinct shown on the Urban Release Area Map
(a)  land within the following zones—
(i)  Zone RU2 Rural Landscape,
(ii)  Zone E3 Environmental Management,
(iii)  Zone E4 Environmental Living,
(b)  Lot 5, DP 24143, being 297 Marshall Mount Road, Marshall Mount.
(3)  Despite clauses 4.1 and 4.1AA, development consent may be granted to the subdivision of land to which this clause applies that requires development consent (whether or not the subdivision is under the Community Land Development Act 1989) to create lots of any size if—
(a)  the consent authority is satisfied that the land to be subdivided is proposed to be used for the purpose of residential accommodation, and
(b)  the total number of lots resulting from the subdivision will not exceed the number of lots that could be created by a subdivision of the same land under clause 4.1 (3) or 4.1AA (3), and
(c)  the consent authority is satisfied that the development retains, and is complementary to, the environmental attributes of the land and its surrounds, and
(d)  in the case of Lot 5, DP 24143—an existing dwelling house will be located on each lot resulting from the subdivision.
(4)  Despite any other provision of this Plan, development consent must not be granted to the subdivision of a lot created under this clause unless the consent authority is satisfied that—
(a)  the lots resulting from the subdivision will not be used for the purpose of residential accommodation, and
(b)  the subdivision will not result in any significant adverse environmental impacts on the land being subdivided.
cl 4.1B: Ins 2018 (255), Sch 1 [1].
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.
(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).
Note—
This Plan does not include Zone RU6.
4.2A   Erection of dwelling houses on land in certain rural and environmental protection zones
(1)  This clause applies to land in the following zones—
Zone RU1 Primary Production,
Zone RU2 Rural Landscape,
Zone E3 Environmental Management.
(2)  Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land is—
(a)  a lot created in accordance with clause 4.1, or
(b)  a lot created before this Plan commenced that met the minimum lot size specified to permit the erection of a dwelling house under Wollongong Local Environmental Plan 1990 in effect immediately before that commencement, or
(c)  a lot created before this Plan commenced that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(d)  land that will be a lot in a subdivisions for which development consent was granted or approval under Part 3A of the Act was given before this Plan commenced and on which the erection of a dwelling house would have been permissible immediately before that commencement, or
(e)  an existing holding with an area of not less than 10 hectares, or
(f)  a lot that was created after 30 April 1971 but before 23 February 1984 and which has an area of not less than 20 hectares, or
(g)  a lot that was created on or after 23 February 1984 but before the commencement of this Plan and which has an area of not less than 40 hectares, or
(h)  a lot that was created before the commencement of this Plan, but only if the subdivision requirements for the land, or number of dwelling houses to be erected on the land, were specified in Schedule 2 to the Wollongong Local Environmental Plan 1990 immediately before that commencement.
Note—
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(3)  Land ceases to be an existing holding for the purposes of subclause (2) (e), if an application for development consent referred to in subclause (2) is not made in relation to that land before 31 December 2012.
(4)  Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land in a zone to which this clause applies if—
(a)  there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or
(b)  the land would have been a lot or a holding referred to in subclause (2) had it not been affected by—
(i)  a minor realignment of its boundaries that did not create an additional lot, or
(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.
(5)  In determining whether to grant consent for the erection of a dwelling house, the consent authority must consider the extent to which the development is likely to affect the environmental and ecological conservation of the land with respect to the extent of clearing required for the development, including any clearing required for the provision of infrastructure, access and any asset protection zone identified for the land in a bush fire risk management plan in force under the Rural Fires Act 1997.
(6)  In this clause—
existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership—
(a)  on 30 April 1971, and
(b)  at the time of lodging a development application for the erection of a dwelling house under this clause,
and includes any other land adjoining that land acquired by the owner since 30 April 1971.
Note—
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
cl 4.2A: Am 2015 (280), cl 5 (2).
4.2B   Strata title subdivision in certain rural and environment protection 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 proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone E3 Environmental Management.
(3)  Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that land.
Note—
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 specified complying development.
cl 4.2B: Am 2011 (363), Sch 29 [32] [33]; 2014 (351), Sch 1 [3]; 2016 No 27, Sch 2.58.
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to establish the maximum height limit in which buildings can be designed and floor space can be achieved,
(b)  to permit building heights that encourage high quality urban form,
(c)  to ensure buildings and public areas continue to have views of the sky and receive exposure to sunlight.
(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 provide an appropriate correlation between the size of a site and the extent of any development on that site,
(b)  to establish the maximum development density and intensity of land use, taking into account the availability of infrastructure to service that site and the vehicle and pedestrian traffic the development will generate,
(c)  to ensure buildings are compatible with the bulk and scale 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.
4.4A   Floor space ratio—Wollongong city centre
(1)  This clause applies to land within the Wollongong city centre.
(2)  Despite clause 4.4, the maximum floor space ratio for a building on land within a zone specified in Column 1 of the Table to this subclause, on land with a site area and street frontage specified opposite that zone in Column 2 of the Table, is—
(a)  the amount specified opposite that zone in Column 3 of the Table, if the building is used only for residential purposes, or
(b)  the amount specified opposite that zone in Column 4 of the Table, if the building is used only for purposes other than residential purposes.
Table
Column 1
Column 2
Column 3
Column 4
Zone B3 Commercial Core
Site area of any size and no street frontage equal to or greater than 20 metres
1.5:1
1.5:1
 
Site area less than 800 square metres and a street frontage equal to or greater than 20 metres
2:1
3.5:1
 
Site area equal to or greater than 800 square metres and less than 2000 square metres and a street frontage equal to or greater than 20 metres
As set out in subclause (3)
As set out in subclause (3)
 
Site area equal to or greater than 2000 square metres and a street frontage equal to or greater than 20 metres
3.5:1
6:1
Zone B4 Mixed Use
Site area of any size and no street frontage equal to or greater than 20 metres
1.5:1
1.5:1
 
Site area of any size and a street frontage equal to or greater than 20 metres
2.5:1
3.5:1
Zone B6 Enterprise Corridor
Site area of any size and no street frontage equal to or greater than 20 metres
1.5:1
1.5:1
 
Site area of any size and a street frontage equal to or greater than 20 metres
2.5:1
3:1
Zone SP1 Special Activities
Site area of any size and a street frontage of any size
1.5:1
3:1
(3)  For land within Zone B3 Commercial Core with a site area equal to or greater than 800 square metres and less than 2,000 square metres and a street frontage equal to or greater than 20 metres, the maximum floor space ratio for any building on that site is—
(a)   —if the building is used only for residential purposes, or
(b)   —if the building is used only for purposes other than residential purposes,
where—
X is  .
(4)  The maximum floor space ratio for a building on land within a business zone under this Plan, that is to be used for a mixture of residential purposes and other purposes, is—
 
where—
NR is the percentage of the floor space of the building used for purposes other than residential purposes.
NRFSR is the maximum floor space ratio determined in accordance with this clause if the building was to be used only for purposes other than residential purposes.
R is the percentage of the floor space of the building used for residential purposes.
RFSR is the maximum floor space ratio determined in accordance with this clause if the building was to be used only for residential purposes.
Note—
The following gives an example of how a maximum floor space ratio is to be calculated for a building on land, having a site area equal to or greater than 2,000 square metres and a street frontage equal to or greater than 20 metres, that is within Zone B3 Commercial Core, 30 per cent of which is to be used for purposes other than residential purposes and 70 per cent of which is to be used for residential purposes—
 
 
 
4.25:1 is the maximum floor space ratio.
(5)  For a building on land within Zone SP1 Special Activities that is to be used for the purposes of hospitals, medical centres or other like uses or a combination of such uses, the maximum floor space ratio is 3:1.
(6)  In this clause—
residential purposes, in relation to the use of a building, means using the building for the purposes of residential accommodation or serviced apartments or a combination of such uses.
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 C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 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.
(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,
(caa)  clause 5.5,
(ca)  clause 4.2A, 6.1 or 8.3.
(8A)    (Repealed)
cl 4.6: Am 2011 (363), Sch 29 [34] [35].
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 C1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Local open space”
Council
Zone E2 Environmental Conservation and marked “Local road”
Council
Zone R2 Low Density Residential and marked “Local road”
Council
Zone R2 Low Density Residential and marked “Classified road”
Transport for NSW
Zone B2 Local Centre and marked “Local road”
Council
Zone B3 Commercial Core and marked “Local road”
Council
Zone B4 Mixed Use and marked “Classified road”
Transport for NSW
Zone SP2 Infrastructure and marked “Educational establishment”
Minister for Education and Training
Zone SP2 Infrastructure and marked “Local road”
Council
Zone RU2 Rural Landscape and marked “Local road”
Council
Note—
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(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.
cl 5.1: Am 2011 (390), Sch 2 [1]; 2012 (319), Sch 1 [1]–[3]; 2017 (94), cl 5; 2018 (48), Sch 1 [1]; 2020 No 30, Sch 4.119.
5.1A   Development on land intended to be acquired for a public purpose
(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 the Table.
Column 1
Column 2
Land
Development
Zone R2 Low Density Residential and marked “Local road”
Earthworks; Public utility undertakings; Roads
Zone B3 Commercial Core and marked “Local road”
Earthworks; Public utility undertakings; Roads
Zone SP2 Infrastructure and marked “Classified road”
Earthworks; Public utility undertakings; Roads
Zone SP2 Infrastructure and marked “Local road”
Earthworks; Public utility undertakings; Roads
Zone SP2 Infrastructure and marked “Educational establishment”
Earthworks; Public utility undertakings
Zone RE1 Public Recreation and marked “Local open space”
Earthworks; Public utility undertakings; Recreation areas
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 C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(a1)  land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU4 Rural Small Holdings, Zone SP1 Special Activities or Zone SP2 Infrastructure, 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.
cl 5.3: Am 2010 (162), Sch 1.7 [8] [9].
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 30 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(3A) Home occupations If development for the purposes of a home occupation is permitted under this Plan, the carrying on of the occupation must not involve the use of more than 30 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)  67% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 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 30 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)  67% 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 Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  67% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2011 (363), Sch 29 [36] [37]; 2018 (406), Sch 1.155 [1] [2]; 2021 (193), cl 4(5).
5.5   Controls relating to secondary dwellings on land in a rural zone
If development for the purposes of a secondary dwelling is permitted under this Plan on land in a rural zone—
(a)  the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(i)  60 square metres,
(ii)  67% of the total floor area of the principal dwelling, and
(b)  the distance between the secondary dwelling and the principal dwelling must not exceed 50 metres.
cl 5.5: Subst 2021 (714), Sch 11.42.
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to provide a built skyline that does not adversely impact on the natural landscape, view corridors or surrounding land, and
(b)  to specify what part of a building may exceed the height limits.
(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
[Not adopted]
cl 5.9: Am 2011 (363), Sch 29 [38].
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 Wollongong,
(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 (Transport and Infrastructure) 2021, Chapter 2.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
[Not applicable]
cl 5.13: Ins 2011 (363), Sch 29 [39].
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 conservation 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 C3 Environmental Management or Zone C4 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 in 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 E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone C3 Environmental Management or Zone C4 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 Urban release areas
6.1   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)  Subclause (2) does not apply to—
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).
cl 6.1: Am 2011 (363), Sch 29 [40]; 2019 (621), Sch 5[5].
6.2   Development control plan
(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)  The development control plan must provide for all of the following—
(a)  a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of passive and active recreational areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to encourage higher density living around transport, open space and service nodes,
(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(4)  Subclause (2) does not apply to any of the following development—
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
6.2A   Subdivision of land in West Dapto Release Area
(1)  The size of any lot resulting from any subdivision of land in the Darkes Road South West Precinct may be less than the minimum lot size shown on the Lot Size Map in relation to that land if the lot complies with clauses 5.3.7 and 6.3.9 of Chapter D16 (West Dapto Release Area) of Wollongong Development Control Plan 2009.
(2)  In this clause—
Darkes Road South West Precinct means the following land at Kembla Grange—
(a)  Lot 3, DP 1008723, Darkes Road,
(b)  105 Darkes Road, being Lot 202, DP 1192033,
(c)  109 Darkes Road, being Lot 1, DP 795839,
(d)  141 Darkes Road, being Lot 1, DP 770451,
(e)  Lot 111, DP 718106, West Dapto Road,
(f)  Lot 4, DP 1008723, West Dapto Road.
cl 6.2A: Ins 2018 (48), Sch 1 [2].
6.3   Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
Part 7 Local provisions—general
7.1   Public utility infrastructure
(1)  The objective of this clause is to ensure that sufficient infrastructure is available to service development.
(2)  Development consent must not be granted for development on land unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(3)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(4)  In this clause—
public utility infrastructure includes infrastructure for any of the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
cl 7.1: Am 2010 No 59, Sch 2.110.
7.2   Natural resource sensitivity—biodiversity
(1)  The objective of this clause is to protect, maintain or improve the diversity and condition of the native vegetation and habitat, including—
(a)  protecting biological diversity of native flora and fauna, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the recovery of threatened species, communities, populations and their habitats.
(2)  This clause applies to land that is identified as “Natural resource sensitivity—biodiversity” on the Natural Resource Sensitivity—Biodiversity Map.
(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the impact of the development on—
(a)  native terrestrial flora and fauna and its habitat, and
(b)  native aquatic flora and fauna and its habitat, and
(c)  the ecological role of the land, waterways, riparian land or wetland, and
(d)  threatened species, communities, populations and their habitats.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is consistent with the objectives of this clause and—
(a)  the development is designed, sited and managed to avoid potential adverse environmental impact, or
(b)  if a potential adverse environmental impact cannot be avoided, the development—
(i)  is designed and sited so as to have minimum adverse environmental impact, and
(ii)  incorporates effective measures so as to have minimal adverse environmental impact, and
(iii)  mitigates any residual adverse environmental impact through the restoration of any existing disturbed or modified area on the site.
(5)  This clause does not apply to or in respect of—
(a)  the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c)  trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserves under the Forestry Act 1916, or
(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
7.3   (Repealed)
cl 7.3: Am 2014 (351), Sch 1 [4]. Rep 2021 (225), Sch 1.
7.4   Riparian lands
(1)  The objective of this clause is to ensure that development does not adversely impact upon riparian lands.
(2)  This clause applies to land shown as “riparian land” on the Riparian Land Map.
(3)  Despite any other provision of this Plan, development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the impact of the proposed development on the land and any opportunities for rehabilitation of aquatic and riparian vegetation and habitat on that land.
7.5   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, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or
(b)  the works are not likely to lower the watertable.
7.6   Earthworks
(1)  The objectives of this clause are as follows—
(a)  to ensure that any earthworks will not have a detrimental impact on environmental functions and processes, neighbouring uses or heritage items and features surrounding land,
(b)  to allow earth works of a minor nature without separate development consent.
(2)  Development consent is required for earthworks, unless—
(a)  the work is exempt development under this Plan, or
(b)  the consent authority is satisfied the work is of a minor nature.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or of the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material or the destination of any excavated material,
(f)  the likelihood of disturbing Aboriginal objects or other relics,
(g)  proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
7.7   Foreshore building line
(1)  The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.
(2)  Development consent must not be granted for 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)  development for the purposes of boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other recreation facilities (outdoor).
(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, flora or fauna habitats, or
(iii)  an adverse effect on drainage patterns, and
(d)  the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and
(e)  opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(f)  any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained, 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.
7.8   Illawarra Escarpment area conservation
(1)  The objective of this clause is to provide specific controls to protect, conserve and enhance the Illawarra Escarpment.
(2)  This clause applies to land shown as being within the Illawarra Escarpment area on the Illawarra Escarpment Map.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—
(a)  will be located so as to minimise any adverse impact on the natural features and environment of the Illawarra Escarpment, and
(b)  will incorporate on the land, conservation and rehabilitation measures to enhance the Illawarra Escarpment.
7.9   Airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Illawarra Regional Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2)  If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3)  The consent authority may grant development consent for the development if the relevant Commonwealth body advises that—
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4)  The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5)  In this clause—
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Illawarra Regional Airport.
relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Illawarra Regional Airport.
cl 7.9: Subst 2012 (25), Sch 1 [3].
7.10   Development in areas subject to airport noise
(1)  The objectives of this clause are to ensure that development in the vicinity of an airport site—
(a)  has regard to the use of the site as an airport, and
(b)  does not hinder or have any other adverse impact on the development or operation of the airport.
(2)  Development consent is required for the erection of a building for residential purposes, or for any other purpose involving regular human occupation, if the ANEF contour for the land on which the building is to be erected exceeds 20.
(3)  The following development is prohibited unless it meets the requirements of Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction with respect to interior noise levels—
(a)  residential accommodation on land for which the ANEF contour exceeds 20,
(b)  business premises, entertainment facilities, office premises, public administration buildings, retail premises and tourist and visitor accommodation on land for which the ANEF contour exceeds 25.
(4)  The following development is prohibited—
(a)  educational establishments, hospitals and places of public worship on land for which the ANEF contour exceeds 20,
(b)  residential accommodation on land for which the ANEF contour exceeds 25,
(c)  business premises, entertainment facilities, office premises, public administration buildings, retail premises and tourist and visitor accommodation on land for which the ANEF contour exceeds 30.
(5)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on a plan of the Illawarra Regional Airport or surrounding land prepared by the relevant Commonwealth body or the private lessor of that Airport, a copy of which is available for inspection by the public during office hours in the office of the Council.
7.11   Location of sex services premises
(1)  Despite any other provision of this Plan, development consent must not be granted for development for the purposes of sex services premises if the premises will be located on land that adjoins, or is separated by a road only from, land—
(a)  in Zone R1 General Residential, 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, an educational establishment or a place of public worship.
(2)  In deciding whether to grant development consent for the purpose of sex services premises, the consent authority must consider the impact the proposed development would have on children likely to regularly frequent land that adjoins, or is in view of, the proposed development.
cl 7.11: Am 2017 (493), Sch 1.2 [1].
7.12   Serviced apartments
(1)  The objective of this clause is to prevent substandard residential building design occurring by way of converted serviced apartment development.
(2)  Development consent must not be granted for the strata subdivision of a building that is being, or has been, used as serviced apartments unless the consent authority is satisfied that, if the development were a residential flat building—
(a)  the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development would be achieved,
(b)  the design principles of the Apartment Design Guide (within the meaning of that Policy) would be achieved.
cl 7.12: Am 2015 (316), Sch 2.20.
7.13   Certain land within business zones
(1)  The objective of this clause is to ensure active uses are provided at the street level to encourage the presence and movement of people.
(2)  This clause applies to land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B3 Commercial Core or Zone B4 Mixed Use, but does not apply to land to which clause 7.19 applies.
(3)  Development consent must not be granted for development for the purpose of a building on land to which this clause applies unless the consent authority is satisfied that the ground floor of the building—
(a)  will not be used for the purpose of residential accommodation, and
(b)  will have at least one entrance and at least one other door or window on the front of the building facing the street other than a service lane.
cl 7.13: Am 2018 (255), Sch 1 [2].
7.14   Minimum site width
(1)  Development consent must not be granted for development for the purposes of multi dwelling housing unless the site area on which the development is to be carried out has a dimension of at least 18 metres.
(2)  Development consent must not be granted for development for the purposes of a residential flat building unless the site area on which the development is to be carried out has a dimension of at least 24 metres.
7.15   Wollongong innovation campus
(1)  The objectives of this clause are as follows—
(a)  to permit the establishment of a research and development campus that includes a hotel, student and campus related residential accommodation and necessary support services and facilities,
(b)  to provide an area where enterprises that carry out research and development as an integral part of their operations can be located,
(c)  to promote collaborative research and development between users of the land to which this clause applies and the University of Wollongong and other enterprises in the Illawarra region,
(d)  to promote links between the University of Wollongong’s research activities and the initiatives of the business community,
(e)  to ensure that the development of the site is undertaken in a manner that demonstrates design of a high quality with respect to the context of the site, scale, built form and density of the development, resources, energy and water efficiency, landscape, amenity, safety and security, social dimensions and aesthetics,
(f)  to ensure that development of the site is in harmony with the coastal and foreshore landscape,
(g)  to permit the provision of university related facilities including student and campus related residential accommodation and support services, incidental or ancillary to research and development activities.
(2)  This clause applies to land shown as being within the Wollongong innovation campus on the Wollongong Innovation Campus Map.
(3)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that the subdivision is for the purpose only of defining the boundaries of lots that are to be the subject of leases.
(4)  Development consent must not be granted to development for the purposes of building on land to which this clause applies if the gross floor area of the building would be greater than 135,000 square metres.
7.16   Tallawarra Power Station buffer area
(1)  This clause applies to land shown hatched on the Tallawarra Power Station Buffer Area Map.
(2)  Development consent must not be granted to development for the purposes of a building on land to which this clause applies unless the consent authority is satisfied that adequate measures have been, or will be in place, to minimise the adverse impact on persons using the building from noise and odour produced by the Tallawarra Power Station.
7.17   Former Port Kembla Public School
(1)  This clause applies to land at Military Road, Port Kembla, being Lot 1, DP 811699.
(2)  Development consent must not be granted to development for the purposes of tourist and visitor accommodation on land to which this clause applies unless the consent authority is satisfied that the development will not result in the accommodation containing more than 10 bedrooms.
7.18   Design excellence in Wollongong city centre and at key sites
(1)  The objective of this clause is to deliver the highest standard of architectural and urban design.
(2)  This clause applies to development on any of the following land involving the construction of a new building or external alterations to an existing building—
(a)  land within the Wollongong city centre,
(b)  land shown edged heavy black and distinctively coloured on the Key Sites Map (a key site).
(3)  Development consent must not be granted to development to which this clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.
(4)  In considering whether development to which this clause applies exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,
(c)  whether the proposed development detrimentally impacts on view corridors,
(d)  whether the proposed development detrimentally overshadows an area shown distinctively coloured and numbered on the Sun Plane Protection Map,
(e)  how the proposed 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 location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (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 such as sustainable design, overshadowing, wind and reflectivity,
(viii)  the achievement of the principles of ecologically sustainable development,
(ix)  pedestrian, cycle, vehicular and service access, circulation and requirements,
(x)  impact on, and any proposed improvements to, the public domain.
(5)  Development consent must not be granted to the following development to which this clause applies unless a design review panel has reviewed the design of the proposed development—
(a)  development in respect of a building that is, or will be, greater than 35 metres in height,
(b)  development having a capital value of more than $1,000,000 on a key site,
(c)  development for which the applicant has chosen to have such a review.
(6)  In this clause—
design review panel means a panel of 2 or more persons established by the consent authority for the purposes of this clause.
cl 7.18: Ins 2014 (433), Sch 1 [1].
7.19   Active street frontages
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in the following zones—
(a)  Zone B1 Neighbourhood Centre,
(b)  Zone B2 Local Centre,
(c)  Zone B3 Commercial Core,
(d)  Zone B4 Mixed Use.
(2)  This clause applies to land identified as “Active street frontages” on the Active Street Frontages Map.
(3)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(4)  Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following—
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicular access.
(5)  For the purposes of this clause, a building has an active street frontage if—
(a)  all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises, and
(b)  its street frontage enables direct visual and physical contact between the street and the interior of the building.
Note—
Clearly defined entrances, windows and shop fronts are elements of a building facade that contribute to an active street frontage.
cl 7.19: Ins 2018 (255), Sch 1 [3].
7.20   Overshadowing of Heritage Plaza, Central Park and Southern Park
(1)  The objective of this clause is to protect public open space in Heritage Plaza, Central Park and Southern Park from overshadowing.
(2)  This clause applies to the following land at Railway Street, Corrimal—
(a)  Lot 1, DP 795791,
(b)  Lot 5, DP 749492.
(3)  Development consent must not be granted for development on land to which this clause applies if the development will result in overshadowing of the land identified as “Heritage Plaza”, “Central Park” and “Southern Park” on the Overshadowing Map between 11am and 2pm on 21 June.
(4)  Subclause (3) does not apply to overshadowing caused by the following structures shown on the Overshadowing Map
(a)  C1 North Stack,
(b)  C1 Brick Chimney Stack,
(c)  C1 Fine Coal Bin.
cl 7.20: Ins 2022 (185), Sch 1[1].
7.21   Restoration or repair of heritage structures at former Corrimal Coke Works
(1)  This clause applies to Lot 1, DP 795791, Railway Street, Corrimal.
(2)  Despite clauses 4.3 and 7.20, development for the purposes of restoring, repairing, reconstructing or rebuilding the following structures shown on the Overshadowing Map is permitted with development consent—
(a)  C1 North Stack,
(b)  C1 Brick Chimney Stack,
(c)  C1 Fine Coal Bin.
(3)  The maximum building height for the structures is as follows—
(a)  C1 North Stack—37m,
(b)  C1 Brick Chimney Stack—29m,
(c)  C1 Fine Coal Bin—25m.
(4)  In this clause—
rebuilding a structure means rebuilding in a way that evokes the original structure by representing key shapes or features.
cl 7.21: Ins 2022 (185), Sch 1[1].
Part 8 Local provisions—Wollongong city centre
8.1   Objectives for development in Wollongong city centre
The objectives of this Part and (in so far as it relates to the Wollongong city centre) clause 7.18 are as follows—
(a)  to promote the economic revitalisation of the Wollongong city centre,
(b)  to strengthen the regional position of the Wollongong city centre as a multifunctional and innovative centre that encourages employment and economic growth,
(c)  to protect and enhance the vitality, identity and diversity of the Wollongong city centre,
(d)  to promote employment, residential, recreational and tourism opportunities within the Wollongong city centre,
(e)  to facilitate the development of building design excellence appropriate to a regional city,
(f)  to promote housing choice and housing affordability,
(g)  to encourage responsible management, development and conservation of natural and man-made resources and to ensure that the Wollongong city centre achieves sustainable social, economic and environmental outcomes,
(h)  to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Wollongong city centre for the benefit of present and future generations.
cl 8.1: Am 2014 (433), Sch 1 [2].
8.2   Wollongong city centre—land to which Part applies
(1)  This Part applies to land within the Wollongong city centre.
(2)  A provision in this Part prevails over any other provision of this Plan to the extent of any inconsistency.
8.3   Sun plane protection
(1)  The objective of this clause is to protect specified public open space from excessive overshadowing by restricting the height of buildings.
(2)  This clause applies to land coloured yellow on the Sun Plane Protection Map.
(3)  Development on land to which this clause applies is prohibited if the development results in any part of a building projecting above a sun access control set out in this clause.
(4) MacCabe Park The sun access control for any point on land shown coloured yellow on the Sun Plane Protection Map and marked “MacCabe Park—Burelli Street” is—
(a)  32 metres above the point, or
(b)  if the point is within 26.4 metres of the boundary of Burelli Street—  metres above the point,
where D is the shortest distance in metres between the point and the boundary of Burelli Street.
(5)  The sun access control for any point on land shown coloured yellow on the Sun Plane Protection Map and marked “MacCabe Park—Keira Street” is—
(a)  24 metres above the point, or
(b)  if the point is within 4.4 metres of the boundary of Keira Street—  metres above the point,
where D is the shortest distance in metres between the point and the boundary of Keira Street.
(6) Civic Square The sun access control for any point on land shown coloured yellow on the Sun Plane Protection Map and marked “Civic Square” is—
(a)  32 metres above the point, or
(b)  if the point is within 30.6 metres of the boundary of Crown Street—  metres above the point,
where D is the shortest distance in metres between the point and the boundary of Crown Street.
(7) Pioneer Park The sun access control for any point on land shown coloured yellow on the Sun Plane Protection Map and marked “Pioneer Park” is—
(a)  24 metres above the point, or
(b)  if the point is within 19 metres of the boundary of Pioneer Park—  metres above the point,
where D is the shortest distance in metres between the point and the boundary of Pioneer Park.
(8) Market Square The sun access control for any point on land shown coloured yellow on the Sun Plane Protection Map and marked “Market Square—North” is—
(a)  16 metres above the point, or
(b)  if the point is within 10.6 metres of the northern boundary of Market Place—  metres above the point,
where D is the shortest distance in metres between the point and the northern boundary of Market Place.
(9)  The sun access control for any point on land shown coloured yellow on the Sun Plane Protection Map and marked “Market Square—West” is—
(a)  16 metres above the point, or
(b)  if the point is within 9.4 metres of the western boundary of Market Place—  metres above the point,
where D is the shortest distance in metres between the point and the western boundary of Market Place.
(10)  If a calculation for a sun access control for a point gives a figure of zero or less, the sun access control is taken to be at the same height as the point.
(11)  A reference in this clause to a point on land means a point at ground level (existing) on the land.
(12)  This clause does not apply to development if it is the refurbishment of a building.
8.4   Minimum building street frontage
(1)  The objective of this clause is to ensure that buildings have a minimum width to provide for the efficient development of land and design of buildings.
(2)  Development consent must not be granted to the erection of a building that does not have at least one street frontage of 20 metres or more on land within Zone B3 Commercial Core, B4 Mixed Use or B6 Enterprise Corridor.
(3)  Despite subclause (2), the consent authority may grant consent to the erection of a building on land referred to in that subclause if it is of the opinion that it is not physically possible for the building to be erected with at least one street frontage of 20 metres or more.
8.5   (Repealed)
cl 8.5: Rep 2014 (433), Sch 1 [3].
8.6   Building separation within Zone B3 Commercial Core or Zone B4 Mixed Use
(1)  The objective of this clause is to ensure sufficient separation of buildings for reasons of visual appearance, privacy and solar access.
(2)  Buildings on land within Zone B3 Commercial Core or B4 Mixed Use must be erected so that—
(a)  there is no separation between neighbouring buildings up to the street frontage height of the relevant building or up to 24 metres above ground level whichever is the lesser, and
(b)  there is a distance of at least 12 metres from any other building above the street frontage height and less than 45 metres above ground level, and
(c)  there is a distance of at least 28 metres from any other building at 45 metres or higher above ground level.
(3)  Despite subclause (2), if a building contains a dwelling, all habitable parts of the dwelling including any balcony must not be less than—
(a)  20 metres from any habitable part of a dwelling contained in any other building, and
(b)  16 metres from any other part of any other building.
(4)  For the purposes of this clause, a separate tower or other raised part of the same building is taken to be a separate building.
(5)  In this clause—
street frontage height means the height of that part of a building that is built to the street alignment.
8.7   Shops in Zone B4 Mixed Use
(1)  The objective of this clause is to limit the size of shops in Zone B4 Mixed Use to ensure that land within Zone B3 Commercial Core remains the principal retail area.
(2)  Development consent must not be granted for development for the purpose of a shop on land in Zone B4 Mixed Use if the gross floor area of the shop is to be more than 400 square metres.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at Buttenshaw Drive, Austinmer
(1)  This clause applies to land at 99 Buttenshaw Drive, Austinmer, being Lot 7, DP 223280.
(2)  Development for the purposes of a dwelling house is permitted with development consent.
2   Use of certain land at Lawrence Hargrave Drive, Clifton
(1)  This clause applies to land at Lawrence Hargrave Drive, Clifton, being Lot 100, DP 1118518.
(2)  Development for the purposes of hotel or motel accommodation, a pub and a restaurant or cafe is permitted with development consent.
3   Use of certain land at Jarvie Road, Cringila
(1)  This clause applies to land at Jarvie Road, Cringila, being Lot 2, DP 217590.
(2)  Development for the purposes of a resource recovery facility is permitted with development consent.
4   Use of certain land at O’Briens Road, Figtree
(1)  This clause applies to land at O’Briens Road, Figtree, being Lot 21, DP 939374.
(2)  Development for the purposes of the subdivision of the land into 2 lots, and the erection of one dwelling house on the lot within Zone E3 Environmental Management is permitted with development consent.
5   Use of certain land at Princes Highway, Figtree
(1)  This clause applies to land at 47 Princes Highway, Figtree, being land that was formerly Lot 11, DP 609167.
Note—
This land is shown on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 154)” deposited in the office of the Council.
(2)  Development for the purposes of a residential flat building is permitted with development consent.
6   Use of certain land at Macquarie Place, Haywards Bay
(1)  This clause applies to land at 1–22 Macquarie Place, Haywards Bay, being Lots 101–108, DP 1070495.
(2)  Development for the purposes of specialised retail premises, a service station and vehicle sales or hire premises is permitted with development consent.
7   Use of certain land at Paynes Road, Kembla Grange
(1)  This clause applies to land at Paynes Road, Kembla Grange, being Lot 223, DP 751278.
(2)  Development for the purposes of a dwelling house is permitted with development consent.
8   (Repealed)
9   Use of certain land at 84A Princes Highway, Maddens Plains
(1)  This clause applies to land at 84A Princes Highway, Maddens Plains, being Lot A, DP 408911.
(2)  Development for the purposes of an educational establishment is permitted with development consent.
10   Use of certain land at North Marshall Mount Road, Marshall Mount
(1)  This clause applies to land at North Marshall Mount Road, Marshall Mount, being Lots 1–3, DP 852180.
(2)  Development for the purposes of the subdivision of the land into 6 lots, and the erection of a dwelling house on each lot is permitted with development consent.
11   Use of certain land at Kirkwood Place, Mount Kembla
(1)  This clause applies to land at 1 Kirkwood Place, Mount Kembla, being Lot 2, DP 206691.
(2)  Development for the purposes of a dwelling house is permitted with development consent.
12   Use of certain land at Lawrence Hargrave Drive, Scarborough
(1)  This clause applies to land at Lawrence Hargrave Drive, Scarborough, being Lot 1, Section 4, DP 1659, Lot 1, DP 982323 and Lot 1, Section A, DP 2693.
(2)  Development for the purposes of hotel or motel accommodation, a pub and a restaurant or cafe is permitted with development consent.
13   Use of certain land at Hawthorn Street, Tarrawanna
(1)  This clause applies to land at Hawthorn Street, Tarrawanna, being Lot 2, DP 793302.
(2)  Development for the purposes of a dwelling house is permitted with development consent.
14   Use of certain land at Princes Highway, Thirroul
(1)  This clause applies to land at 57 Princes Highway, Thirroul, being Lot 1, DP 998258.
(2)  Development for the purposes of a dwelling house is permitted with development consent.
15   Use of certain land at Carr Street, Towradgi
(1)  This clause applies to land at 12 Carr Street, Towradgi, being Lot 6, DP 749492.
(2)  Development for the purposes of the subdivision of the land in Zone R2 Low Density Residential into 3 lots, and the erection of 2 single storey dwelling houses, is permitted with development consent.
16   Use of certain land at Central Road and Albert Street, Unanderra
(1)  This clause applies to land at 23A Central Road, Unanderra, being Lot 20, DP 774581 and land at 1 Albert Street, Unanderra, being Lot 21, DP 774581.
(2)  Development for the purposes of business premises is permitted with development consent.
17   Use of certain land at Lady Penrhyn Drive, Unanderra
(1)  This clause applies to land at 30–40 Lady Penrhyn Drive, Unanderra, being Lot 1, DP 815554.
(2)  Development for the purposes of a correctional centre is permitted with development consent.
18   Use of certain land at Crown Street, Wollongong
(1)  This clause applies to land at 9–11 Crown Street, Wollongong, being Lot 101, DP 872951 and Lots 1, 6 and 7, DP 1091530.
(2)  Development for the purposes of commercial premises, markets or shops is permitted with development consent, but only if the development is part of the entertainment centre complex.
19   Use of certain land at Crown Street and Harbour Street, Wollongong
(1)  This clause applies to land at Crown Street and Harbour Street, Wollongong, being Part Lot 143 and Part Lot 144, DP 786508 as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 Amendment No 2”.
(2)  Development for the purposes of office premises and retail premises is permitted with development consent.
20   Use of certain land at Ross Street, Wollongong
(1)  This clause applies to land at 1 Ross Street, Wollongong, being Lots 101–106, DP 1125366.
(2)  Development for the purposes of a hospital is permitted with development consent.
21   Use of certain land at Wollongong and North Wollongong
(1)  This clause applies to land at 1–82A Cliff Road and 2 Georges Place, Wollongong and 1–13 Bourke St, North Wollongong being Lots 1, 2 and 3, DP 17709; Part Lot 1, DP 434751; Lot 2, DP 1059775; Part Lot 2, DP 337677; Part Lot B, DP 367260; Lot 1, DP 883351; Lot 101, DP 1021913; Part Lot D, DP 155466; Lot 21, DP 1032058; Lot 22, DP 1047028; Lots 1 and 2, DP 534773; Lot 1, DP 629931; Lot 4, DP 546014; Lot 78, DP 1097836; Lot 7, DP 565904; Lot 1, DP 87310; Lot 30, DP 511757; Lot 1, DP 112803; Lot 19, DP 550947; Lot 1, DP 603683; Lot 40, DP 1084880; Lot 1, DP 231198; Lot 2, DP 150830; Lot 1, DP 612629; Lot 1, DP 714625; Lot 3, DP 1106063; Lot 20, DP 607507; Lot 20, DP 607507 and Lot 19, DP 996430.
(2)  Development for the purposes of a restaurant or cafe is permitted with development consent, but only if the restaurant or cafe is located on the ground floor.
(3)  Development for the purposes of hotel or motel accommodation and serviced apartments is permitted with development consent.
22   Use of certain land at Princes Highway, Yallah
(1)  This clause applies to land at Princes Highway, Yallah, being Lot 1, DP 156657.
(2)  Development for the purposes of a place of public worship is permitted with development consent.
23   Use of certain land at Bong Bong Road, Huntley
(1)  This clause applies to land at Bong Bong Road, Huntley, being Lot 1, DP 618764.
(2)  Development for the purposes of a recreation facility (outdoor) for a shooting range is permitted with development consent.
24   Use of certain land at 54 Marshall Mount Road, Avondale
(1)  This clause applies to land at 54 Marshall Mount Road, Avondale, being Lot 4, DP 608205.
(2)  Development for the purpose of a camping ground is permitted with development consent, but only if the consent authority is satisfied that the development will not have a significant adverse environmental impact.
25   Use of certain land at Beaton Park, Gwynneville
(1)  This clause applies to land at 37 Foley Street, Gwynneville, being Lot 113, DP 788462, Lot 104, DP 594259 and Lot 401, DP 1128781.
(2)  Development for the purposes of a medical centre is permitted with development consent.
(3)  Development for the purposes of a health services facility is permitted with development consent if the development is limited to development for the purposes of a community health service facility.
26   Use of certain land at Beaton Park, Gwynneville
(1)  This clause applies to land at 37 Foley Street, Gwynneville, being Lot 113, DP 788462.
(2)  Development for the purposes of a registered club is permitted with development consent.
27   Use of certain land at Murphys Avenue, Keiraville
(1)  This clause applies to land at Murphys Avenue, Keiraville, being Lot 3, DP 252694.
(2)  Development for the purposes of a function centre is permitted with development consent.
28   Use of certain land at Yenda Avenue, Bulli
(1)  This clause applies to Lot 105, DP 264639, 4 Yenda Avenue, Bulli.
(2)  Development for the purposes of centre-based child care facilities is permitted with development consent.
29   Use of certain land at Railway Street, Corrimal
(1)  This clause applies to land identified as “29” on the Additional Permitted Uses Map.
(2)  Development for the following purposes is permitted with development consent—
(a)  business premises,
(b)  neighbourhood shops with a maximum gross floor area of 150m2,
(c)  food and drink premises with a maximum gross floor area of 250m2,
(d)  neighbourhood supermarkets with a maximum gross floor area of 500m2.
(3)  However, development consent must not be granted unless—
(a)  the development is at ground level (existing), and
(b)  the total gross floor area of the development does not exceed 2,000m2.
sch 1: Am 2010 (76), Sch 1, cl 8 (3); 2011 (363), Sch 29 [41]; 2012 (25), Sch 1 [4]; 2013 (265), cl 4; 2018 (255), Sch 1 [4] [5]; 2018 (488), Sch 1.2; 2018 (589), cl 4; 2020 (593), cl 4; 2021 (376), cl 4; 2022 (185), Sch 1[2].
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Advertisements—general requirements
(1)  Must be non-moving.
(2)  Must be at least 600mm from any public road.
(3)  Must be at least 2.6m above any public footpath.
(4)  Must relate to the lawful use of the building (except for temporary signs).
(5)  Must be within the boundary of the property to which it applies, unless in a business or an industrial zone.
(6)  Must reflect the character and style of any building to which it is attached.
(7)  Must not be detrimental to the character and functioning of the building.
(8)  Must not be on walls facing or adjoining residential premises.
(9)  Must not be an “A” frame sign.
(10)  Must have the consent of the owner of the property on which the sign is located.
Advertisements—business identification signs for businesses other than brothels in business zones
(1) Underawning sign Sign attached to the underside of an awning other than a fascia or return end—
(a)  must meet the general requirements for advertisements, and
(b)  1 sign per ground floor premises with street frontage, and
(c)  maximum length—2.5m, and
(d)  maximum height—0.5m, and
(e)  must not be flashing.
(2) Projecting wall sign (excluding underawning signs) Sign attached to the wall of a building (other than the transom of a doorway or display window) and projecting more than 300mm—
(a)  must meet the general requirements for advertisements, and
(b)  1 sign per premises or 1 per street frontage, whichever is the greater, and
(c)  maximum projection—1.5m, and
(d)  maximum area—1.5m2, and
(e)  must not be flashing.
(3) Flush wall sign Sign attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm—
(a)  must meet the general requirements for advertisements, and
(b)  maximum area—2.5m2, and
(c)  must not be flashing.
(4) Top hamper sign Sign attached to the transom of a doorway or display window of a building—
(a)  must meet the general requirements for advertisements, and
(b)  maximum area—2.5m2, and
(c)  must not be flashing.
(5) Fascia signs Sign attached to the fascia or return of the awning—
(a)  must meet the general requirements for advertisements, and
(b)  1 sign per premises, and
(c)  must not project above or below, or more than 300mm from, the fascia or return end of the awning to which it is attached, and
(d)  must not be flashing.
Advertisements—business identification signs for businesses other than brothels in industrial zones
(1)  Must meet the general requirements for advertisements.
(2)  1 pole or pylon sign per premises (including any directory board for multiple occupancies).
(3)  Maximum height—5m.
(4)  Must be within 5m of any public entry point to the premises.
(5)  Must not obstruct the sight line of vehicle or pedestrian traffic.
(6)  For multiple occupancy premises, 1 additional business identification sign is permitted at the entrance to each occupied unit, maximum area—1.2m2.
(7)  For single occupancy premises, 1 additional business identification sign is permitted, maximum area—50m2 or 1m2 per 3m of street frontage, whichever is the lesser.
Advertisements—business identification signs in residential zones
(1)  Must meet the general requirements for advertisements.
(2)  1 sign per premises.
(3)  Maximum area—0.75m2.
(4)  If a pole or pylon sign, maximum height—2m.
(5)  Must not be illuminated or flashing.
Advertisements—business identification signs in rural zones
(1)  Must meet the general requirements for advertisements.
(2)  1 sign per premises.
(3)  Maximum area—0.75m2 (except if a pole or pylon sign).
(4)  If a pole or pylon sign, maximum area—2m2 and maximum height—2m.
(5)  Must not be illuminated or flashing.
Advertisements—public notices displayed by public body giving information or direction about services provided
(1)  Must meet the general requirements for advertisements.
(2)  Maximum height—5m.
(3)  Maximum area—5m2.
(4)  Must not obstruct the sight line of vehicle or pedestrian traffic.
(5)  Must not be flashing.
Advertisements—real estate signs (advertising land development)
(1)  Must meet the general requirements for advertisements.
(2)  Maximum area—6m2 for each 25 lots being advertised.
Advertisements—real estate signs (advertising premises or land for sale or rent) in business or industrial zones
(1)  Must meet the general requirements for advertisements.
(2)  Maximum area—4.5m2.
(3)  Must be within the boundary of the advertised property.
(4)  Must not be flashing.
(5)  Must be removed within 14 days after the premises or land is sold or let.
Advertisements—real estate signs (advertising premises or land for sale or rent) in residential or rural zones
(1)  Must meet the general requirements for advertisements.
(2)  Maximum area—2.5m2.
(3)  Must not be flashing.
(4)  Must be removed within 14 days after the premises or land is sold or let.
Advertisements—signs behind glass line of shop window in Zone B1, B3, B4, B6 or IN2 (other than in brothels)
(1)  Must meet the general requirements for advertisements.
(2)  Must not occupy more than 25% of the area of the window.
(3)  Must not be flashing.
Advertisements—temporary signs for religious, cultural, social or recreational events
(1)  Must meet the general requirements for advertisements.
(2)  1 per street frontage.
(3)  Maximum area—1.5m2 and maximum height—1.5m in residential and rural zones.
(4)  Maximum area—3.5m2 and maximum height—2m in commercial and industrial zones.
(5)  Must not include commercial advertising apart from name of event sponsor.
(6)  Must not be displayed earlier than 28 days before, or later than 14 days after, the event.
(7)  Must not be used in relation to recurring events.
(8)  Must not be flashing.
Advertisements—in site, but not visible from outside of site (other than in brothels)
Must meet the general requirements for advertisements.
Outdoor dining (associated with food and drink premises)
(1)  Must be on community land, operational land or a Crown reserve.
(2)  Must be associated with an adjacent food and drink premises for which development consent has been granted.
sch 2: Am 2010 (162), Sch 1.7 [10]; 2015 (349), cl 4.
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
Alterations and additions to industrial and warehouse buildings in industrial zones
(1)  Must not be on lots that are adjacent to land in residential or recreation zones.
(2)  Must not involve change to the use of the premises.
(3)  Maximum additional floor area—1,000m2 or 25% of existing floor area (whichever is the lesser).
(4)  Maximum floor space ratio—1:1.
(5)  Maximum height of any structure—8.5m.
(6)  Minimum setback for any structure—
(a)  from an arterial road (or arterial road widening)—20m, or
(b)  from a local road (or local road widening)—10m, or
(c)  from other boundaries—5m.
(7)  Minimum setback for any paved area wider than 1.5m—
(a)  from an arterial road (or arterial road widening)—5m, or
(b)  from a local road (or local road widening)—5m, or
(c)  from other boundaries—3.5m.
(8)  Must have at least 1 window opening, door opening or other wall variation of more than 50mm for every 20m of wall length facing the front boundary.
(9)  Earthworks must not extend more than—
(a)  900mm above ground level (existing), or
(b)  600mm below ground level (existing).
(10)  Any roof or surface drainage area must have a drainage system that—
(a)  captures the roof or surface water, and
(b)  discharges that water into the inter-allotment or street stormwater drainage system, and
(c)  limits the rate of discharge into Council’s kerb and gutter to less than 20L per second without using on-site detention systems, and
(d)  caters for a 1 in 20 year storm event and directs excess water over land to the street.
(11)  Must provide and maintain, adjacent to any street, a landscaped area with a minimum width of 5m that is designed by a suitably qualified landscape architect and that has mounding to a height of at least 600mm along the majority of any frontage to an arterial road.
(12)  Must ensure that there are in each landscaped area at least 3 trees (that grow to a mature height of over 5m), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(13)  Must provide a landscaped bay with a minimum width of 1.5m containing at least 1 tree, at the end of at least every 10 car parking spaces in the front setback.
(14)  Must provide at least 1 car parking space for every 40m2 of gross floor area of any building used for the purpose of office premises and at least 1 car parking space for every 70m2 of gross floor of any building used for any other purpose.
(15)  Must not reduce any vehicle loading area or remove any such area.
(16)  Must not change the location or number of driveway entries onto the property.
(17)  Driveways must—
(a)  be at least 10m from any road intersection, and
(b)  be no wider than 7m crossing any landscaped strip to the front street or a side street, and
(c)  permit all vehicles to enter and exit the site in a forward direction.
(18)  Must locate garbage and storage areas behind the building line for each street frontage.
Dwelling houses in Zone R5 Large Lot Residential
(1)  Must be the construction of a dwelling house including any ancillary development related to that house (such as garages, awnings or swimming pools).
(2)  Must be entirely in Zone R5 Large Lot Residential.
(3)  The property must have a street frontage width of at least 20m and an area of at least 2,500m2.
(4)  Maximum floor space ratio—0.1:1.
(5)  The setback from the front property boundary—
(a)  to the front wall of the dwelling house closest to the street must be between 12m and 25m, and
(b)  to any other front walls of the dwelling house that are over 2m wide must be between 4.5m and 8m.
(6)  Maximum width of the dwelling (not including ancillary components)—20m.
(7)  Maximum depth of the dwelling (not including ancillary components)—20m.
(8)  Minimum setback from the rear property boundary to the rear walls of the dwelling—12m.
(9)  Minimum setback from side property boundaries to the walls of the dwelling—5m.
(10)  Maximum height of any structure (other than a structure that is exempt development)—8.5m.
(11)  Maximum height of a single storey structure (other than a structure that is exempt development)—5m.
(12)  Maximum number of storeys—2.
(13)  Maximum height of the ground floor level—800mm above ground level (existing).
(14)  Maximum height of any raised platform (associated with a deck, retaining wall, fill or otherwise) behind the front setback—800mm but if within 3m of any property boundary—300mm.
(15)  Earthworks must not extend more than—
(a)  300mm above ground level (existing), or
(b)  500mm above ground level (existing) if retained behind an edge beam wall of the dwelling, or
(c)  500mm below ground level (existing).
(16)  Maximum depth of any second storey balcony—3m.
(17)  Any second storey balcony must be at least 10m from the rear property boundary.
(18)  Maximum height between a floor and the ceiling above—4.5m.
(19)  Minimum height between a floor in a habitable area and the ceiling above—2.4m.
(20)  Materials, colours and finishes must be visually compatible with those existing in the surrounding area.
(21)  Must provide and maintain, on the rear half of the property, private open space of at least 300m2 with a minimum width of 6m.
(22)  Must provide and maintain, on the rear half of the property, a soft landscaped area of at least 100m2 with a minimum width of 5m that has no hard paved surface other than garden edging, retaining structure or similar.
(23)  Must provide and maintain, on the front setback, a soft landscaped area of at least 15m2 with a minimum width of 2.5m that has no hard paved surface other than garden edging, retaining structure or similar.
(24)  Must ensure that there are at least 3 trees (that grow to a mature height of over 5m and are not exempt trees), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(25)  Must provide and maintain at least 2 car parking spaces, 1 that is behind the building line and is at least 3m wide and 5.5m long (that must be covered) and 1 that is at least 2.5m wide and 5.5m long (that may be covered, but only if behind the building line).
(26)  Maximum width of any garage or carport (including walls)—7m (unless entirely behind the dwelling).
(27)  Any garage or carport must be set back at least 1m behind the front wall of the dwelling closest to the street.
(28)  Maximum width of driveways at the property boundary—6m.
(29)  Minimum distance of driveways from any road intersection—6m.
(30)  Driveways outside the property boundary must be constructed at right angles to the kerb and guttering and must be at least 500mm from any telegraph pole, street furniture or drainage structure.
(31)  Any covered outdoor area (including awnings, pergolas, gazebos, verandahs, entry foyers or similar) must be open for at least 50% of its perimeter between 1m and 2m above the inside floor level.
(32)  Any structure with a roof area of more than 10m2 must have guttering and downpipes that capture the water from the roofed area and discharge that water—
(a)  into the inter-allotment or street stormwater drainage system, or
(b)  into rainwater tanks that discharge any overflow into any such stormwater system.
(33)  Maximum area of any swimming pool or spa pool—50m2.
(34)  Any swimming pool or spa pool—
(a)  must be behind the dwelling, and
(b)  must be at least 1.2m from any side or rear property boundary, and
(c)  must be at least 4m from the principal access point to the main living areas of the dwelling, and
(d)  must be surrounded by a graded surface that diverts water away from the pool, buildings and neighbouring properties.
(35)  Maximum height of any coping or decking around a swimming pool or spa pool—900mm above ground level (natural) or if within 3m of any side or rear property boundary—400mm above ground level (natural).
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 2010 (162), Sch 1.7 [11]; 2011 (363), Sch 29 [42].
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
Corrimal
Lot 1, DP 214743, 10 Lyndon Street
Lake Heights
Lot 59, DP 28802, Ranchby Avenue
North Wollongong
Lot 2, DP 231004, Montague Street
Warrawong
Lot 36, DP 17853, Bruce Road
Warrawong
Drainage Reserve, DP 16083, Third Avenue North
Windang
Lot 102, DP 1005245, Windang Road (Lake Illawarra Foreshore)
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Bellambi
Part of Lot 202, DP 716326, Bott Drive, as shown edged heavy black and identified as “Operational Land” on Sheet 2 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Bellambi
Lot 6, DP 39037, 26 Park Road
Nil
Berkeley
Part of Lot 192, DP 700165, Nolan Street, as shown edged heavy black and identified as “Operational Land” on Sheet 9 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Bulli
Part of Lot 2, DP 772593 and part of Lot 3, DP 863277, Princes Highway, being part of the Bulli Showground, as shown edged heavy black and identified as “Operational Land” on Sheet 3 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Bulli
Lot 16, DP 216777, Range Place
Easement for drainage (2185817) and easement for drainage (2185818) as noted on Certificate of Title Folio Identifier 16/216777
Dapto
Part of Lot 49, DP 24980, Avondale Road, as identified as operational land on the Land Reclassification (Part Lots) Map
Nil
Dapto
Lot 87, DP 32081, Baringa Place
Nil
Dapto
Part of Lot 1, DP 1005887, 253 Kanahooka Road, as shown edged heavy black and identified as “Operational Land” on Sheet 8 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
East Corrimal
Lot 31, DP 10422, 42 Thalassa Avenue
Nil
Fairy Meadow
Lot 23, DP 243092, 44 Rann Street
Nil
Figtree
Lot 4, DP 230541, Mountain View Crescent
Nil
Gwynneville
Lot 201 and part of Lot 207, DP 816857, Mercury Street, as shown edged heavy black and identified as “Operational Land” on Sheet 5 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Keiraville
Part of Lot 1672, DP 877546, near Ashcroft Place, being a carpark at the University of Wollongong, as shown edged heavy black and identified as “Operational Land” on Sheet 1 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 1) Reclassification Map” deposited in the office of the Council
Nil
Kembla Grange
Lot 1, DP 329804, Canterbury Road
Nil
Mount Keira
Part of Lot 81, DP 1153714, Keira Mine Road, as shown edged heavy black and identified as “Operational Land” on Sheet 7 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Mount Keira
Part of Lot 1, DP 875991, Queen Elizabeth Drive, being part of Mount Keira Summit Park, as shown edged heavy black and identified as “Operational Land” on Sheet 4 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Mount Ousley
Lot 5, DP 217372, 18 Stanbrook Avenue
Nil
Mount Pleasant
Lot 10, DP 39154, part of Brokers Road Reserve
Nil
North Wollongong
Part of Lot 1, DP 708558, Montague Street Reserve, as shown edged heavy black and identified as “Operational Land” on Sheet 6 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Port Kembla
Lot 3, DP 231808, Darcy Road
Nil
Port Kembla
Lot 1, DP 723148, 85 Illawarra Street
Nil
Port Kembla
Lot 1, DP 728015, 96A Illawarra Street
Nil
Port Kembla
Lot 1, DP 347045, Shellharbour Road
Nil
Russell Vale
Lot 20, DP 245050, 3 Collaery Road
Nil
Spring Hill
Lot 6, DP 91802, Five Islands Road
Nil
Thirroul
Part of Lot 3, DP 204631, Station Street, as shown edged heavy black and identified as “Operational Land” on Sheet 1 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 2) Reclassification Map” deposited in the office of the Council
Nil
Towradgi
Lot 505, DP 833242, Murranar Road
Nil
Warrawong
Part of Lot 1, DP 182649, part of Darcy Wentworth Park, as shown edged heavy black and identified as “Operational Land” on Sheet 2 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 1) Reclassification Map” deposited in the office of the Council
Nil
Warrawong
Lot 1, DP 243820, Eyre Place
Nil
Windang
Lot 1, DP 610406, Windang Road (Lake Illawarra Foreshore)
Easement for drainage (D641261), easement for drainage (N303271) and easement for sewerage (R292848) as noted on Certificate of Title Folio Identifier 1/610406
Wollongong
Lot 6, Section C, DP 15742, Greenacre Road
Nil
Wollongong
Lot 14, Section B, DP 15742, Northcote Street
Nil
Wollongong
Lot 1, DP 1132396, Sperry Street
Nil
Wollongong
Part of Lot 102, DP 847615, Springhill Road, being a heliport and carpark, as shown edged heavy black and identified as “Operational Land” on Sheet 3 of the map marked “Wollongong Local Environmental Plan 2009 (Amendment No 1) Reclassification Map” deposited in the office of the Council
Nil
Woonona
Lot 3, DP 552827, Mitchell Road
Nil
Woonona
Lot 82, DP 562294, Mitchell Road
Nil
Woonona
Lot 2, DP 723137, Pioneer Drive
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2010 (461), Sch 1 [1] [2]; 2010 (641), Sch 1; 2010 (712), Sch 1; 2012 (208), Sch 1 [1]–[3]; 2013 (641), Sch 1 [1]; 2021 (112), Sch 1[1][2].
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item Name
Address
Property Description
Significance
Item No
Austinmer
House
1 Headland Avenue
Lot 2, DP 201973 “Braemar”
Local
6147
Austinmer
House “Brentwood”
55 Lawrence Hargrave Drive
Lot 73, DP 9233
Local
6510
Austinmer
Glastonbury Gardens
Toxteth Avenue
Lot 29, DP 7559; Lots 3 and 6, DP 12378; Lots A and C, DP 373660; Lot 1, DP 435733; Lot 2, DP 519285
Local
6153
Austinmer
Austinmer school residence
92–94 Lawrence Hargrave Drive
Lot 1, DP 119024
Local
6148
Austinmer
Norfolk Island pines
Lawrence Hargrave Drive, Austinmer Main Beach
Lot 1, DP 172287; Lot 7020, DP 1071551; Lot 3, DP 1110343
Local
6151
Austinmer
War memorial
Lawrence Hargrave Drive, Austinmer Main Beach
Lot 3, DP 1110343
Local
6511
Austinmer
Norfolk Island pines
North Austinmer Beach
Lots 96–100, DP 174418; Lot 1, DP 431661; Lot 7021, DP 1071551
Local
6152
Austinmer
Group of shops
34–40 Moore Street
Lot 18, Section C, DP 2111; Lot 2, DP 1073935 and Lot 1, DP 1073935
Local
6509
Austinmer
Uniting Church
48 Moore Street
Lots 11 and 12, Section C, DP 2111
Local
6507
Austinmer
Shop and house
57 Moore Street
Lot 6, Section A, DP 2111
Local
6508
Austinmer
“Workshop”
67–69 Moore Street
Lot 1, DP 301323; Lots 1 and 2, DP 1081245
Local
6149
Austinmer
Austinmer Railway Station
Lot 1 Railway Lands
Part of Lot 1, DP 1149493
State
6259
Austinmer
Site of Austinmer jetty*
North of Headland Avenue
Foreshore
Local
6485
Austinmer
House “The Outlook”
14 Oceana Parade
Lot 1, DP 231287
Local
61004
Austinmer
House “Cintra”
15 Wigram Road
Lot 18, DP 7559
Local
6150
Austinmer
Norfolk Island pines on former Headlands Hotel site
Yuruga Street
Lots 100 and 101, DP 1212173
Local
6504
Austinmer
Norfolk Island Pines
Yuruga Street (corner Headlands Avenue)
Lot 1, DP 519277; Lot 7024, DP 1060923; Lot 7302, DP 1149797
Local
61046
Avondale
House, (“Avondale Homestead”)
301 Avondale Road
Lot 224, DP 789384
Local
5916
Avondale
House (“Mooreland”)
384 Avondale Road
Part Lot 6, DP 3083
Local
5984
Avondale
House (“Linbrook”)
84 South Avondale Road
Lot 9, DP 3083
Local
5982
Balgownie
Balgownie Community Centre
113 Balgownie Road
Lot 5, DP 1129933
Local
6215
Balgownie
Street front shop
135–137 Balgownie Road
Part Lot 2, DP 37904 and Part Lot 3, DP 584503
Local
6213
Balgownie
Balgownie Hotel
141–143 Balgownie Road
Lot 5, DP 872833
Local
61009
Balgownie
Balgownie Public School
Balgownie Road (Corner Chalmers Street)
Part Lot 1, DP 709601
Local
6214
Bellambi
Bellambi Hotel
5–7 Bellambi Lane
Lot 1, DP 657196
Local
6456
Bellambi
Bellambi Station Master’s Residence
3 Brompton Road
Lot 2, DP 1193269
Local
6359
Bellambi
Bellambi Lake and Sandpit Point
Turner Esplanade
Lots 5 and 6, DP 240541; Lots 141 and 157, DP 247217; Lot 2, DP 615377; Lot 175, DP 726738; Part Lot 113, DP 751301; Lot 7011, DP 1057474; Lot 7017, DP 1057474; Lot 22, DP 1180717
Local
6204
Berkeley
Lake islands
Lake Illawarra (Hooka Island and Goosebury Island)
Lot 57, DP 751299 and Lot 35, DP 751299
Local
6112
Brownsville
Former Illawarra Lake Hotel
11 Prince Edward Drive
Lot B, DP 349026
Local
6321
Brownsville
St Luke’s Church and Cemetery Complex (including Church Hall and Landscape)*
35 Prince Edward Drive
Lot 203, DP 1234890
Local
5915
Bulli
Norfolk Island pine beach front planting and row of phoenix palms
Bulli Beach, adjacent to Trinity Row and Park Road
Road reserve and foreshore reserve
Local
6192
Bulli
Bulli Colliery Rail Bridge and Alignment (Former)*
Bulli Colliery to rail bridge embankments
Lot 50, DP 1045297; Lots 52 and 53, DP 1201697
Local
6527
Bulli
Norfolk Island Pines Beach Front Planting
Bulli Point, Point Street
Lots 1–12, DP 7813; Lot 103, DP 7813 and Lot 1, DP 231244
Local
6191
Bulli
Site of “Sandon Cottage”*
Sandon Point, Point Street
Part of Lot 1, DP 231244
Local
6358
Bulli
Bulli General Cemetery*
Carrington Street
Lot 7309, DP 1144553
Local
6451
Bulli
Row of Federation Houses
87–101 Farrell Road
Lots 9–16, DP 6454
Local
6182
Bulli
Federation House
8 Fowler Street
Lot 2, DP 38367
Local
6180
Bulli
Victorian House
10 Fowler Street
Lot 1, DP 220111
Local
6181
Bulli
Bulli Railway Station
Lot 100 Park Road
Part of Lot 100, DP 1141139
State
6484
Bulli
Bulli Collieries—includes shaft No 1, shaft No 2 original shaft sinking head frame, old pit top, old furnace shaft and pit town remains*
Hobart Street
Lot 3, DP 255282; Lot 1, DP 430752; Lot 50, DP 1045297; Lot 2374, DP 1120421; Lot 3, DP 1185534
Local
5924
Bulli
House
28 Park Road
Lot 1, DP 780905
Local
6175
Bulli
St Joseph’s Roman Catholic Church and former Convent
48–50 Park Road
Lot 1, DP 86818
Local
61078
Bulli
House
52 Park Road
Part Lot A, DP 164966
Local
6176
Bulli
Federation House, Former Anglican Rectory
54–56 Park Road
Lot 1002, DP 873075
Local
6177
Bulli
House
60 Park Road
Lot 3, DP 598485
Local
6179
Bulli
House
64 Park Road
Lot 1, DP 246899
Local
6178
Bulli
Memorial Obelisk
Lot 100 Park Road
Lot 100, DP 1141139
Local
61081
Bulli
St Augustine Anglican Church of Australia and cemetery*
66 Park Road
Lot 801, DP 774190
Local
6174
Bulli
Bulli Station Master’s Residence
41 Park Road
Lot 1, DP 809643
Local
6500
Bulli
Methodist manse and church
191 Princes Highway
Lot 1, DP 779555 and Lot 1, DP 780740
Local
6355
Bulli
Miners’ cottage
200 Princes Highway
Lot 1, DP 194397
Local
5973
Bulli
Denmark Hotel and stables
202 Princes Highway
Lot 1, DP 986139
Local
5927
Bulli
Former Joint Stock Bank
233 Princes Highway
Lot 1, DP 799054
Local
5985
Bulli
House
226 Princes Highway
Lot 1, DP 162072
Local
6445
Bulli
House
227 Princes Highway
Lot 4, DP 997530
Local
6446
Bulli
Victorian House
230 Princes Highway
Lot 2, DP 1130117
Local
6447
Bulli
Bulli post office
231 Princes Highway
Lot 1, DP 91869
Local
6173
Bulli
Bulli Family Hotel
240 Princes Highway
Lot 1, DP 66053
State
5902
Bulli
House
242 Princes Highway
Lot 2, DP 161605
Local
6185
Bulli
House
244 Princes Highway
Lot 21, DP 1016175
Local
6183
Bulli
House
312 Princes Highway
Lot 5, DP 6793
Local
6448
Bulli
Former ambulance station
322 Princes Highway
Lot 1, DP 981540
Local
6449
Bulli
Former Bulli Shire Council Chambers
328–330 Princes Highway
Lot A, DP 421249
Local
6184
Bulli
Former Sherbrooke Union Church
Princes Highway (in Grevillea Park)
Lot 1, DP 772593
Local
6450
Bulli
WWI Memorial
Princes Highway, (Slacky Flat Park)
Lot 33, DP 1182831
Local
6444
Bulli
Former Bulli Railway Guesthouse
8 Station Street
Lot 4, DP 1234087
Local
5987
Bulli
Old Mountain Road
North of Rixons Pass Road, Bulli Tops
Road reserve
Local
6517
Bulli
Boat sheds
Sandon Point
Lot 103, DP 7813
Local
6487
Cleveland
House (“Cleveland”)
273 Cleveland Road
Lot 1, DP 194419
Local
5950
Clifton
Cottage
6 Clifton School Parade
Lot 5, DP 1175954
Local
6133
Clifton
Former School Residence
30 Clifton School Parade
Lot 216, DP 1252684
Local
6134
Clifton
Cliff vegetation and Moranga Park
Lot 11 Lawrence Hargrave Drive
Lot 11, DP 1137408
Local
6347
Clifton
School of Arts
338 Lawrence Hargrave Drive
Lot 1, DP 966733
Local
6132
Clifton
Imperial Hotel
317 Lawrence Hargrave Drive
Lot 100, DP 118518
Local
6135
Coalcliff
Coalcliff Colliery Shaft Mine and Coke Works*
280 Lawrence Hargrave Drive
Lot 1, DP 703488; Lot 58, DP 1097339; Lot 11, DP 1132791; Lot 13, DP 1137408; Railway Corridor
Local
6348
Coalcliff
Coalcliff Colliery jetty mine—including entrance portal*
East of Lawrence Hargrave Drive
Crown land
Local
5922
Coalcliff
Coalcliff Tunnel No 8*
Railway Tunnel, Illawarra Line
Railway Corridor
Local
6258
Coledale
Sawmill*
14–18 Morrison Avenue
Lot D, DP 373278
Local
6256
Coledale
Coledale Railway Station
Railway Street
Part of Lot 1, DP 1188983
Local
6350
Coledale
Norfolk Island pines
South Coledale Beach
Reserve 88873; Lot 1, DP 519277
Local
6144
Coledale
Norfolk Island Pines
Coledale Beach, Lawrence Hargrave Drive
Part Lot 11, DP 752054; Lot 1, DP 1204195; Lot 1, DP 1168311
Local
6143
Coniston
House
18 Bridge Street
Lot C, DP 350897
Local
6227
Coniston
Stand of Spotted Gum
Lot 4 Robertson Street
Lot 4, DP 838267
Local
6404
Corrimal
Ficus obliqua
Bloomfield Park, 10 Lydon Street
Lot 51, DP 12423; Lot 1, DP 214743; Lot 31, DP 1006012
Local
6465
Corrimal
Wilgendene
14 Jones Place
Lot 126, DP 544292
Local
6201
Corrimal
South Bulli Colliery*
Lot 1 and 7 Princes Highway
Lots 1 and 2, DP 5323; Lot 1, DP 77407; Lot 1, DP 534522; Lot 1, DP 652833; Lot 1, DP 976144; Lot 1, DP 86676; Lot 1, DP 1022945; Lot 1, DP 1046070; Lots 1–3, DP 1052074
Local
5928
Corrimal
Former Headmaster’s Residence—Corrimal Public School
96–98 Princes Highway
Lot 1, DP 835462
Local
6462
Corrimal
Corrimal Hotel
264–268 Princes Highway
Lot 101, DP 1004200
Local
6464
Corrimal
Ziem’s Shops and Outbuildings
328–330 Princes Highway
Lots 104 and 105, DP 1062386
Local
6463
Corrimal
Catholic Cemetery*
116 Princes Highway
Lot 1, DP 1037746
Local
6360
Corrimal
Phil Adams Park
Railway and Duff Parade
Lot 14, DP 586795
Local
6209
Corrimal
War Memorial
Corrimal Memorial Park, 92–96 Railway Street
Lot 1, DP 1140149
Local
6210
Corrimal
Former Corrimal Coke Works
27 Railway Street
Lot 126, DP 598190 and part of Lot 1, DP 795791
Local
6607
Corrimal
House and garden
45 Underwood Street
Lot 6, DP 501963
Local
6208
Corrimal
Corrimal Public School
100 Princes Highway
Lot 2, DP 835462
Local
6205
Dapto
Memorial wall, Dapto war memorial olympic swimming pool
Bangaroo Avenue
Lot 127, DP 242665
Local
61015
Dapto
Fairley’s building (former)
1–11 Bong Bong Road
Lot 10, DP 1048264
Local
61021
Dapto
Military Bunker
Mt Brown Reserve, Bright Parade
Part Lot 4, DP 223746
Local
61016
Dapto
Crystal clothing factory (former)
14–16 Marshall Street
Lot 112, DP 1007288
Local
61023
Dapto
Hoop Pines
Part Lot 223 Paynes Road
Part Lot 223, DP 751278
Local
6328
Dapto
Bunya Pine
93–108 Princes Highway
Lot 1, DP 1050533
Local
61025
Dapto
Dapto Hotel
102–110 Princes Highway
Lot 1, DP 564523
Local
61022
Dapto
Bunya Pine (Uniting Church grounds)
126–128 Princes Highway
Lot B, DP 157162
Local
61026
Dapto
House
206 Princes Highway
Lot 121, DP 791202
Local
6336
Dapto
House
214 Princes Highway
Lot 1, DP 128686
Local
6337
Dapto
House
222 Princes Highway
Lot A, DP 161286
Local
6338
Dapto
House “Daisy Bank”
262–268 Princes Highway
Lot 1, DP 416929
Local
6436
Dapto
“Penrose” (formerly “Penrose Villa”)
480 Princes Highway
Lot 2, DP 608205
Local
5917
Dapto
Dapto Railway Station
Station Street
Part of Lot 2, DP 856667
Local
6435
Dapto
Station Master’s residence
1 Station Street
Lot 1, DP 856667
Local
6335
Dombarton
Railway Cutting—Unanderra/ Moss Vale railway line
Lot 1, Reddalls Road
Lot 1, DP 185282
Local
6499
Dombarton
“Stream Hill” Homestead, barn, dairy and feed shed
231 Sheaffes Road
Lot 23, DP 790915
Local
6323
Dombarton
Hillside Farm
295 Sheaffes Road
Lot 1, DP 873109
Local
61045
Fairy Meadow
Balgownie Migrant Workers Hostel
Huts 201, 204 and 210, 9 Squires Way
Lot 2, DP 1172135
State
61075
Fairy Meadow
House
37 Ellengowan Crescent
Lot 2, DP 508798
Local
6218
Fairy Meadow
Former North Illawarra council chambers
182 Princes Highway
Lot 1, DP 79280
Local
61031
Fairy Meadow
Warrenda and curtilage
240–280 Princes Highway
Lot 101, DP 628238; Lot A, DP 157592 and Lots 6,7 and 9, DP 252601
Local
61072
Farmborough Heights
Moreton Bay fig
133 Farmborough Road
Lot 34, DP 19224
Local
6319
Farmborough Heights
House “Non Such” / “Farmborough”
351 Farmborough Road
Lot 1, DP 628538
Local
6318
Fernhill
Farrell Park
Douglas Road, Wallace Road and Ross Street
Lot 38, DP 35954
Local
6221
Fernhill
“Seacroft House”
457–459 Princes Highway
Lot 202, DP 804501
Local
6212
Figtree
Fig Tree
Figtree Villas, 69 O’Briens Road
Lot 124, DP 864159
Local
6293
Figtree
“Greenhills” and “Hillside” and Gardens
170–190 Princes Highway
Lots 104–111, DP 1132818
Local
6403
Gwynneville
Weatherboard House
31 Foley Street
Lot 12, DP 614895
Local
6245
Helensburgh
Metropolitan Colliery*
Lot 7304 Parkes Street
Lot 7304, DP 1142152
Local
5921
Helensburgh
Railway Tunnel (disused)*
Off Cawley Road
Lot 1, DP 248826; Lot 7, DP 1140314; Act No MP/Lease 35 and MP/Lease 41
Local
6345
Helensburgh
Helensburgh Cemetery*
Cemetery Road
Lot 7068, Crown DP 93064
Local
6123
Helensburgh
Cottage
12 Foster Street
Lot 100, DP 1129182
Local
6108
Helensburgh
Cottage
5 Hay Street
Lot 50, DP 1002294
Local
6118
Helensburgh
Cottage
15 Hay Street
Lot 1, DP 578720
Local
6121
Helensburgh
“Wildys”
16 Hay Street
Lot 23, DP 933864
Local
6120
Helensburgh
Residence, former post office
1 High Street
Lot 797, DP 752033
Local
6109
Helensburgh
Company houses
4–10 Junction Street
Lots 688 and 790–792, DP 752033
Local
6114
Helensburgh
Railway tunnels*
Lilyvale siding
Lot 1, DP 815356
Local
6482
Helensburgh
Helensburgh Public School and site of former School Residence*
Lukin Street and Fletcher Street
Part Lot 136, and Lot 761, DP 752033
Local
6111
Helensburgh
Postman’s track
Between Lukin Street and Railway
Road reserve
Local
6105
Helensburgh
Residence, former police station
72–74 Parkes Street
Lot 81, DP 806991
Local
6110
Helensburgh
Hanley’s Hotel
112 Parkes Street (Corner Walker Street)
Lot 1, DP 309398
Local
6115
Helensburgh
Post office
114 Parkes Street (Corner Walker Street)
Lot 2, DP 860357
Local
6116
Helensburgh
Garrawarra Hospital, including gates and gatehouse, administration building, kitchen blocks, kitchen and store block, staff cafeteria, nurses hostel and residential houses
9 Princes Highway
Lot 2, DP 840501; Lot 4, DP 851304
Local
6486
Helensburgh
Waterfall General (Garrawarra) Cemetery*
Princes Highway
Lots 3 and 4, DP 840501; Lot 7332, DP 1160404
Local
61028
Helensburgh
Interwar House and Land*
43–49 Princes Highway
Lots 713 and 911, DP 752033
Local
6505
Helensburgh
Cottage
20 Robertson Street
Lot 70, DP 749113
Local
6103
Helensburgh
Masonic Temple
1–1A Robertson Street
Lots 823 and 824, DP 752033
Local
6104
Helensburgh
Sri Venkatewara Temple
1 Temple Road
Lot 15, DP 255197
Local
6122
Helensburgh
Helensburgh Railway Station
Lot 9 Wilsons Creek Road
Part of Lot 9, DP 1129965
State
6343
Helensburgh
Railway Tunnel (disused), railway platform, railway tunnels*
Corner Tunnel Road and Old Station Road
Rail reserve and Lot 1, DP 248826; Lot 1, DP 815356; Lot 100, DP 839934; Lot 10, DP 1129965; Lot 7310, Crown DP 1152384
Local
6482
Helensburgh
Railway Cottage
3 Vera Street
Lot 1, DP 816623
Local
6107
Helensburgh
Railway station platform*
End of Tunnel Road
Lot 1, DP 248826
Local
6482
Helensburgh
House
35 Vera Street
Lot 6, DP 627608
Local
6106
Helensburgh
Railway tunnel (disused)*
End of Vera Street
Lot 1, DP 248826
Local
6482
Helensburgh
Helensburgh Park, Charles Harper Monument and Pines
4 Walker Street
Lot 7065, DP 1031042
Local
6124
Helensburgh
Police station and lock-up
2 Waratah Street (Corner Parkes Street)
Lot 995, DP 752033
Local
6117
Horsley
“Reed Park” entrance gates (former)
Bong Bong Road
Lot 101, DP 617745
Local
61018
Horsley
“Horsley” homestead, outbuildings and garden
61 Horsley Drive
Lot 2, DP 1018357
State
5913
Horsley
Former Tramway alignment*
Lot 834 Wholahan Avenue and Public Reserve 44 Mallion Avenue
Lot 228, DP 1165205; Lot 834, DP 1172488
Local
61069
Huntley
Huntley Colliery*
Lot 101 Avondale Road
Lot 101, DP 1247603
Local
7102
Huntley
Site of former “Waples” butchery*
Lot 1 Bong Bong Road
Lot 1, DP 810104
Local
61079
Huntley
Site of former “Swan” Homestead*
Lot 1 Bong Bong Road
Lot 1, DP 810104
Local
61082
Huntley
Bong Bong Pass*
End of Bong Bong Road
Road reserve
Local
61017
Huntley
Site of former Sunnyside Farm and Outbuildings*
360 Cleveland Road
Lot 2, DP 810104
Local
61080
Huntley
Trees (former site of “Benares”)*
410 Cleveland Road
Lot 101, DP 856793
Local
5979
Huntley
Avondale Public School (former)
451 Cleveland Road
Lot 1, DP 1125364
Local
5981
Huntley
House (“Glen Avon”)
456 Cleveland Road
Lot 18, DP 3083
Local
5980
Kanahooka
Smelter Rail Route*
Former alignment behind properties fronting Thirroul Road, Edgeworth Avenue and William Beach Road extending between Kanahooka Road, Field Street and Webb Park
Lots 1 and 3, DP 546902
Local
61044
Kanahooka
Former Dapto Smelter*
Kanahooka Road
Lots 10–33, 40–47, 49–53, 55, 57, 59–77 and 79–101, DP 1159882; Lots 240–241, DP 1185005; Lots 1–2, 1203058; Lots 1–2, DP 1203820; Lots 7–8, DP 1203821; Lots 5–6, DP 1203822; Lots 3–4, DP 1203823; Lots 9–10, DP 1203824; Lots 11–12, DP 1203826; Lots 1–2, DP 1218433; Lots 1–2, DP 1220152
Local
5953
Kanahooka
House “Rondanella”
23 Rondanella Drive
Lot 202, DP 1034062
Local
6430
Keiraville
Significant Trees in Reserve
Gipps Road Reserve, Shoobert Crescent
Lot 165, DP 203864
Local
6513
Keiraville
“Gleniffer Brae” and surrounding Sorenson Garden
Wollongong Botanic Garden, 48 Murphys Avenue
Lots 1–3, DP 252694
State
5940
Kembla Grange
Former “Barlyn” Homestead site, including gardens and dairy*
105 Darkes Road
Lot 202, DP 1192033
Local
6325
Kembla Grange
Newton Park and Gardens
451 Princes Highway
Lot 12, DP 1238073
Local
5949
Kembla Grange
World War II Cemetery
47 Reddalls Road
Lot 114, DP 771098; Lot 7002, DP 1055632
Local
5989
Kembla Grange
“Glengarry” homestead
107 Reddalls Road
Lot 53, DP 1022266
Local
6432
Kembla Grange
Slab Hut
303 Reddalls Road and adjoining road reserve
Lot 103, DP 840320 and Road reserve
Local
6433
Kembla Grange
“Glen Ayre” Homestead
167 Sheaffes Road
Lot 1, DP 71431
Local
6322
Kembla Grange
Group of Bunya Pines, Moreton Bay Figs and Hills Figs
Sheaffes Road (150m SE of bend in Paynes Road)
Lot 1, DP 588139
Local
6326
Kembla Grange
West Dapto Public School and Residence (former)
150 Sheaffes Road
Lot 1, DP 795173
Local
5975
Kembla Grange
“Stane Dyke” Homestead
17 Stane Dyke Road
Lot 1000, DP 1239565
Local
5976
Kembla Grange
Settler’s Cemetery
Reddalls Road
Lot 113, DP 771098
Local
6327
Kembla Grange
Kembla Grange Racecourse Railway Station
Corner of West Dapto Road and Princes Highway (on South Coast Rail Line)
Lot 44, DP 1189256
Local
61061
Kembla Grange
Moreton Bay Fig
West Dapto Road (on bend in West Dapto Road, northern end of property)
Lot 1, DP 588140
Local
6329
Kembla Grange
St John’s Catholic Cemetery
231 West Dapto Road
Lot 1, DP 1037747
Local
5974
Kembla Heights
Site of Pioneer Kerosene Works*
Between American Creek and Cordeaux Road
Lots 1 and 3, DP 1103781
Local
6411
Kembla Heights
Windy Gully Cemetery*
560 Cordeaux Road
Lot 3, DP 1103781
Local
5941
Kembla Heights
Row of Miners’ Cottages and Club Room
595 Cordeaux Road
Lot 1, DP 551243
Local
5942
Kembla Heights
Cottages and Edna Walling Garden Precinct*
353 Farmborough Road
Lot 17, DP 255285
State Nominated
6496
Kembla Heights
Pit Pony Stables, PK2 Mine Precinct*
353 Farmborough Road
Lot 17, DP 255285
State Nominated
6320
Kembla Heights
Former Post Office
Lot 3 Harry Graham Drive
Part of Lot 3, DP 1103666
Local
5946
Kembla Heights
House
Lot 1 Harry Graham Drive
Lot 1, DP 986723; Lot 21, DP 1190749; Lot 161, DP 1196124
Local
6410
Kembla Heights
Mt Kembla Colliery—including site of mine workings, portal, mine air shaft and pit pony stables*
Lot 1 Harry Graham Drive
Lot 22, DP 1076092; Lots 1 and 2, DP 1103666; Lot 21, Crown DP 1190749
Local
7105
Kembla Heights
Nebo Colliery*
Lots 1 and 3 Harry Graham Drive
Lots 1 and 3, DP 110366; Lot 1, DP 1103781
Local
7104
Kembla Heights
Mine Manager’s Residence
East of Lot 1 Harry Graham Drive
Lot 1, DP 1103666
Local
5947
Koonawarra
Mt Brown Landscape Area
Koonawarra/ Dapto
Lot 4, DP 223746; Lot 12, DP 233464; Lots 6, 7, 9, 10 and 11, DP 1147392; Lot 31, DP 1175058; Lots 50, 51 and 52, DP 1233938; Lot 141, DP 2239830
Local
6339
Lake Heights
Fig Tree
6–8 Grandview Parade
Lots 260 and 261, DP 15174
Local
61013
Lilyvale
Royal National Park Coastal Cabin Communities
Burning Palms, Royal National Park
Lot 101, DP 1193169
State
6483
Lilyvale
Royal National Park Coastal Cabin Communities
Era Beach, Royal National Park
Lot 101, DP 1193169
State
6483
Lilyvale
Royal National Park Coastal Cabin Communities
Little Garie Beach, Royal National Park
Lots 13 and 44, DP 752018
State
6483
Mangerton
“Audleigh”
9 Brownlee Street
Lot 20, DP 9196
Local
6362
Mangerton
Mangerton Park
25 Eastern Avenue to end of Eirene Avenue
Lot 226, DP 24688; Lots 42 and 43, DP 27316; Lot 5, DP 229828; Lot 2, DP 512389
Local
6280
Mangerton
Streetscape of Mature Blackbutts and Turpentine
Area around Reservoir Street, Norman Street, Meares Avenue and Eirene Avenue
Road reserve and Lot 14, DP 213805; Lot 1, DP 310077; Lot 2, DP 617042; Lot 1, DP 120714
Local
6469
Mangerton
Hoop pines
Woodlawn Avenue (near corner Payne Street)
Road reserve
Local
6461
Marshall Mount
Marshall Mount Progress Association Hall
450 Marshall Mount Road and part of 410 Marshall Mount Road
Lot 1, DP 396100; part of Lot 12, DP 790746
Local
61027
Marshall Mount
Former Marshall Mount School and master’s residence
456 Marshall Mount Road
Lot 100, DP 712786
Local
5983
Mount Saint Thomas
Fort Drummond including Stand of Spotted Gum
1 Television Avenue
Lots 1 and 3, DP 208194
Local
6405
Mt Kembla
Mt Kembla (Julian’s) Hall
4 Benjamin Road
Lot 2, DP 158694
Local
61011
Mt Kembla
Mt Kembla Hotel
274 Cordeaux Road
Lot 100, DP 717507
Local
5948
Mt Kembla
Anglican Church of Australia and cemetery*
301 Cordeaux Road
Lot 1, DP 600602
Local
5904
Mt Kembla
Stinson’s cottage
310 Cordeaux Road
Lot 1, DP 855388
Local
6295
Mt Kembla
Post Office/Store
314 Cordeaux Road
Lots 1 and 3, DP 1216466
Local
5945
Mt Kembla
House
315 Cordeaux Road
Lot 1, DP 798046
Local
6297
Mt Kembla
House
321 Cordeaux Road
Lot 10, DP 1089218
Local
6298
Mt Kembla
Mt Kembla Public School and Headmaster’s Residence
323–327 Cordeaux Road
Lots 1–4, DP 126784
Local
5943
Mt Kembla
Slow’s cottage
336 Cordeaux Road
Lot 1, DP 196473
Local
6299
Mt Kembla
Former St Clement’s Roman Catholic Church
356 Cordeaux Road
Lot 1, DP 230082
Local
5944
Mt Kembla
Cottage
2 Kirkwood Place
Lot 2, DP 606407
Local
6301
Mt Keira
Mt Keira Public School
255 Mt Keira Road
Lot 1, DP 308171; Lots 1 and 2, DP 782592
Local
5903
Mt Keira
Mt Keira Scout Camp
551 Mt Keira Road
Lot 1, DP 255281
State Nominated
6471
Mt Keira
Kemira Colliery*
Mt Keira Road
Lot 6, DP 255281; Lot 1, DP 852788; Lot 310, DP 1080848; Part of Lot 3100, DP 1137780; Lot 32, DP 1191463
Local
7101
Mt Ousley
Modernist House
31 Burling Avenue
Lot 22, DP 20427; Lot B, DP 415350
Local
6217
Mt Ousley
House
3 Sansey Avenue
Lot 9, DP 39416
Local
6219
Mt Ousley
House
18 Strone Avenue
Lot 42, DP 20427
Local
6216
Mt Pleasant
Mt Pleasant Colliery*
Parrish Avenue
Lot 2, DP 852788 and Lot 2, DP 870325
Local
7103
North Wollongong
Magnolia
42 Bourke Street (Corner of Virginia Street)
Lot 1, DP 526597
Local
6384
North Wollongong
North Beach kiosk and residence
Cliff Road—North Beach
Lot 70, DP 751299
State
61036
North Wollongong
North Beach pavilion
Cliff Road—North Beach
Lot 70, DP 751299
State
61033
North Wollongong
North Wollongong Hotel (formerly Bode’s Hotel) and Group of Trees
3 Flinders Street
Lot 1, DP 654485
Local
6273
North Wollongong
North Beach Surf Club
Stuart Park, George Hanley Drive
Lot 3, DP 1136814
Local
61035
North Wollongong
Group of Norfolk Island Pines and Canary Island Palms
Stuart Park, George Hanley Drive
Lot 3, DP 1136814
Local
6283
North Wollongong
Victorian House
34 Porter Street
Lot 6, Section 1, DP 11656
Local
6470
North Wollongong
Seafield House and Graduation Works*
Puckey’s Estate, Squires Way
Lot 9, DP 1163861
Local
61037
North Wollongong
Row of Canary Island date palms
View Street
Road reserve
Local
6515
Otford
Royal National Park Coastal Cabin Communities
Bulgo Beach, Lady Wakehurst Drive, Royal National Park
Lot 1, DP 56059; Lot 21 Crown DP 1193149
Local
6483
Otford
Semi-detached Houses
1, 3, 5 and 7 Lady Carrington Road
Lots 4–7, DP 817562
Local
6125
Otford
Former Pump Master’s House
40 Lady Carrington Road
Lot 2, DP 817561
Local
61029
Otford
Former Station Master’s House*
42 Lady Carrington Road
Lot 1, DP 817561
Local
61001
Otford
Residence, former post office
120 Otford Road
Lot 1, DP 748355
Local
6127
Otford
Former Headmaster’s Residence
35 Station Road
Lots 1 and 2, DP 1193918
Local
6126
Otford
Otford Tunnel and Old Railway Alignment*
Between Stanwell Park/Otford on disused railway line
Lot 1, DP 668532; Lots 3 and 4, DP 1191773
State
6131
Port Kembla
Coomaditchie Lagoon and surrounds*
Cowper Street
Lot 1, DP 182391
Local
6424
Port Kembla
Battery Observation Post
25–29 Gallipoli Street
Lot 15, DP 1138179
Local
6594
Port Kembla
Remains of Original Ocean Baths*
MM Beach, Gloucester Boulevard
Lot 7008, Crown DP 1059827
Local
6477
Port Kembla
Hill 60, Fisherman’s Beach, Boilers Point, Red Point and MM Beach*
Hill 60, Fisherman’s Beach, Boilers Point and MM Beach
Lot 3, DP 86079; Lot 90, DP 200729; Lots 1 and 3, DP 531524; Lots 1 and 2, DP 614555; Lots 1 and 2, DP 706046; Lot 7048, DP 1052504; Lot 7008, DP 1059827; Lot 7009, DP 1059827; Lot 7049, DP 1061648; Lot 7050, DP 1061649; Reserve 71700; Reserve 73221
State
61043
Port Kembla
Saint Kliment Ohridski, Macedonian Orthodox Church
60–62 Keira Street
Lots 8 and 9, Section 3, DP 8703
Local
61012
Port Kembla
Bomb shelter*
59 Military Road
Lot 1, DP 1037234
Local
6478
Port Kembla
Former Fire Station
99 Military Road
Lot 1, DP 1224353
Local
6307
Port Kembla
St Stephen’s Anglican Church of Australia, including Rectory and Hall
111 Military Road
Lots 34–36, DP 7804
Local
6305
Port Kembla
House and Shop
123 Military Road
Lot 28, Section 4, DP 7804
Local
6311
Port Kembla
Site of Port Kembla Primary School*
Lot 1 Military Road
Lot 1, DP 811699
Local
6304
Port Kembla
Port Kembla Olympic Pool
Olympic Boulevarde
Lot 2, DP 345786; Lot 51, DP 1047304
Local
6431
Port Kembla
Mural
10–14 Wentworth Street
Lot N, DP 409769
Local
5971
Port Kembla
Steel Works Hotel
21–25 Wentworth Street
Lot 101, DP 814680
Local
6420
Port Kembla
Former Commonwealth Bank
31–33 Wentworth Street
Lot 3, Section 6, DP 5868
Local
6308
Port Kembla
“Guinery’s”, Port Kembla Hotel
54–58 Wentworth Street
Lots 31 and 32, Section 2, DP 5868
Local
6421
Primbee
Vegetated hill and swamp*
Government Road (North of Korrongulla Swamp)
Lot 1, DP 773067
Local
6313
Primbee
Fig Tree
Reserve corner James Avenue and Korrongulla Crescent, Primbee (Ray Crump Oval)
Lots 159 and 160, DP 9753
Local
61014
Primbee
“Esperanza”
27 Jones Avenue
Lot 3, DP 516595
Local
6423
Russell Vale
Moreton Bay Fig
Russell Vale Golf Course, 618 Princes Highway
Lot 855, DP 1105102
Local
6211
Russell Vale
Group of Fig Trees
50 Terania Street
Road reserve and Lot 25, DP 23149
Local
6202
Scarborough
Scarborough Public School
371–381 Lawrence Hargrave Drive
Lots 18–29, Section 2, DP 2281
Local
6137
Scarborough
Scarborough Hotel
383 Lawrence Hargrave Drive
Lot 1, DP 982323 and Lot 1, Section 4, DP 1659
Local
6138
Scarborough
Police station
393–395 Lawrence Hargrave Drive
Lot 6, Section A, DP 2693
Local
6139
Scarborough
Former mine manager’s residence
430 Lawrence Hargrave Drive
Lot 51, DP 1104365
Local
6140
Scarborough
Row of Miners’ Cottages
438, 440, 442, 443, 444, 445, 449, 453 and 453A Lawrence Hargrave Drive
Lot 23, DP 740434; Lot 24, DP 740434; Lot 25, DP 740434; Lot 26, DP 740434; Lot 7, Section B, DP 2693; Lot B, DP 431274; Lot C, DP 431274; Lot 90, DP 835584 and Lot 91, DP 835584
Local
6351
Scarborough
Former Anglican church
464 Lawrence Hargrave Drive
Lot 16, Section C, DP 2693
Local
6506
Scarborough
Scarborough Railway Station
Lot 1 Railway Avenue
Part of Lot 1, DP 811416
State
6349
Stanwell Park
Otford Tunnel and Old Railway Alignment*
Chellow Dene Avenue
Lot 35, DP 245198; Lot 1, DP 668532; Lot 216, DP 822230; Lot 90, DP 1091722; Lot 451, DP 1129219; Lot 5, DP 1191773; Chellow Dene Avenue Road Reserve
Local
6131
Stanwell Park
“Interbane”
8 Lawrence Hargrave Drive
Lot 100, DP 1012889
Local
6346
Stanwell Park
Wet sclerophyll forest
Old Coast Road, Park Parade, The Drive and Chellow Dene Avenue
Road reserve
Local
6503
Stanwell Park
“Hillcrest”
1A Railway Crescent
Lot 5800, DP 1132696
Local
5901
Stanwell Park
St George’s Anglican Church
54 Stanwell Avenue
Lot 68, DP 5275
Local
61003
Stanwell Park
Railway Viaduct*
Stanwell Creek Gorge
Lot 11, DP 1132791
State
5920
Stanwell Park
“Seabreeze”
45 The Drive
Lot 200, DP 601637
Local
6129
Stanwell Park
House
57 The Drive
Lot 137, DP 5275
Local
6128
Stanwell Tops
Lawrence Hargrave Memorial Park
Bald Hill Lookout, Otford Road
Lots 230–236, DP 5858; Lot 1, DP 118841; Lot 1, DP 118842; Lot 1, DP 309491; Lot 243, DP 658560; Lot 244, DP 658561; Lot 245, DP 658562; Lot 246, DP 658563; Lot 247, DP 658564; Lot 248, DP 658565; Lots 237 and 238, DP 1155156; Lots 239 and 240, DP 1155165; Lot 1, DP 1180011; Lot 4, DP 1191773
Local
5918
Stanwell Tops
Former Garden of Peace
31 Stonehaven Road
Lot 1, DP 213038
Local
61002
Tarrawanna
House “The Ridge”
7–9 Hawthorn Street
Lot 34, DP 831285
Local
5986
Tarrawanna
Corrimal Colliery*
Lot 2 Hawthorn Street
Lot 2, DP 793302
Local
61046
Thirroul
Thirroul Baths precinct
Bath Street
Part Lot 405, DP 881119
Local
61030
Thirroul
Old Railway Barracks
5 Church Street
Lot 1, DP 1187295
Local
6498
Thirroul
Thirroul Beach Reserve
Cliff Parade
Part Lot 405, DP 881119; Lots 30–33, Section 3, DP 2185; Lot 1, DP 964636
Local
6171
Thirroul
House
10 Cliff Parade, Corner Spray Street
Lot 13, DP 5736
Local
6154
Thirroul
“Wyewurk”
3 Craig Street
Lot 2, Section 2, DP 5828
Local
5925
Thirroul
Massandra and Ballinderry
16–24 Fords Road
Lot 2, DP 618432; Lot 1, DP 656988; Lots 11 and 12, DP 1187593
Local
6353
Thirroul
Fig Tree (Ficus obliqua)
54 Fords Road, 3 and 5 Sylvan Way
Lot 1, DP 1141284; Lots 2 and 3, DP 855965
Local
6492
Thirroul
Fig Tree
32A–32B Hewitts Avenue
Lots 202 and 203, DP 1158352
Local
61005
Thirroul
House
1 Lachlan Street
Lot 7, DP 5961
Local
6164
Thirroul
Former Uniting church
2 Lachlan Street
Lot 5, DP 1103555
Local
6165
Thirroul
House
6 Lachlan Street
Lot B, DP 372549
Local
6168
Thirroul
House
10 Lachlan Street
Lot 63, DP 7588
Local
6169
Thirroul
House
227 Lawrence Hargrave Drive
Lot 3, Section I, DP 4882
Local
6163
Thirroul
House
229 Lawrence Hargrave Drive
Lot 2, Section I, DP 4882
Local
6166
Thirroul
Former Methodist church
256 Lawrence Hargrave Drive
Lot 12, Section A, DP 4882
Local
6161
Thirroul
Former Kings Theatre
264–270 Lawrence Hargrave Drive
Lot 101, DP 1126857
Local
6155
Thirroul
War Memorial WWI (adjacent to former RSL club)
Lawrence Hargrave Drive
Lot 107, DP 1156609
Local
6162
Thirroul
Small Leafed Fig
346, 352 and 354 Lawrence Hargrave Drive
Lots 3 and 5, DP 984203; and Lot 1, DP 1221078
Local
6172
Thirroul
House (former guest house)
6 Mary Street
Lot 19, Section I, DP 4882
Local
6434
Thirroul
House “Oceana”
36 Pass Avenue
Lot 67, DP 10972
Local
6159
Thirroul
House
42 Pass Avenue
Lot 70, DP 10972
Local
6158
Thirroul
House
73 Princes Highway
Lot 1, DP 203068
Local
6497
Thirroul
Thirroul Railway Station
Railway Parade
Part of Lot 107, DP 1156609
State
6352
Thirroul
Row of Federation Houses
2, 4 and 6 Raymond Road
Lot 301, DP 1041575
Local
6167
Thirroul
House and garden
58 Redman Avenue
Lot 21, DP 666897
Local
6439
Thirroul
Thirroul Public School
5 Roxburgh Avenue
Lot 100, DP 634133
Local
6160
Thirroul
House
11 Station Street
Lot 6, DP 5544
Local
6156
Thirroul
“Woodville”
22 Station Street
Lot 100, DP 812519
Local
6157
Thirroul
Group of fig and turpentine
12–14 Tasman Parade
Lot 3, DP 544605 and Lot 102, DP 547460
Local
6170
Unanderra
House “Nudjia”
83A Cummins Street
Lot 2, DP 1135561
Local
6426
Unanderra
Site of former “Berkeley House”*
23 Glastonbury Avenue and 191–195 Five Islands Road
Lot 401, DP 845805 and Lot 210, DP 811435
Local
6519
Unanderra
Berkeley Pioneer Cemetery*
Investigator Drive
Lot 1, DP 195869
Local
6429
Unanderra
Old Unanderra Public School, formerly Charcoal Public School
136 Princes Highway
Lot 100, DP 1186122
Local
6427
Unanderra
Former Unanderra Council Chambers and Hall
144 Princes Highway
Lot 1, DP 860110
Local
6317
Unanderra
Unanderra Station Master’s Residence
Lot 1000 Princes Highway
Lot 1000, DP 1141456
Local
6428
West Wollongong
Former Roger Therry Residence “Keera Vale”
30 Bukari Street
Lot 1, DP 206947
Local
5912
West Wollongong
House
24–26 Mt Keira Road
Lot 5, DP 223847
Local
6472
West Wollongong
Moreton Bay Fig
55–59 Princes Highway
Lot 1, DP 839750
Local
6292
West Wollongong
Former Mt Keira Inn*
55–59 Princes Highway
Lot 1, DP 839750
Local
6408
Windang
Norfolk Island Pines
Perkins Beach, Fern Street
Lot 7015, DP 1029497
Local
6312
Wollongong
House
48 Atchison Street
Lot 10, DP 854381
Local
6222
Wollongong
House
50 Atchison Street
Lot 11, Section 1, DP 7285
Local
6223
Wollongong
“Carthona”
52 Atchison Street
Lot 12, Section 1, DP 7285
Local
6224
Wollongong
House
54 Atchison Street
Lot 131, DP 1027195
Local
6225
Wollongong
“Regentville”
56 Atchison Street
Lot 14, Section 1, DP 7285
Local
6361
Wollongong
Crane Pedestal
Belmore Basin—Wollongong Harbour Endeavour Drive
Lot 1, DP 633814
State
6399
Wollongong
California flats
7–9 Burelli Street
Lot 1, DP 202511
Local
6226
Wollongong
St Andrew’s Presbyterian Church and hall
50 Burelli Street (Corner of Kembla Street)
Lot 1, DP 153372
Local
6228
Wollongong
Row of Hills Figs
Burelli Street
Road reserve between Kembla Street and Church Street
Local
6284
Wollongong
“The Lodge”
22 Campbell Street
Lot 15, DP 741727
Local
6229
Wollongong
“Devlin Cottage”
29 Campbell Street
Lot 9, DP 32545
Local
61073
Wollongong
Terrace houses
46–56 Campbell Street
Lots 1–6, DP 928978
Local
6365
Wollongong
Semi-detached house
67–69 Campbell Street
Lot 1, DP 595374
Local
6366
Wollongong
Victorian House
71A–75 Campbell Street
Lot 12, DP 884323
Local
6230
Wollongong
Wollongong Public School and Former Headmaster’s Residence*
67A Church Street
Lot 1, DP 61915; Lots 1 and 2, DP 307856; Lot 1, DP 340380; Lots 1–7, DP 781988
Local
5935
Wollongong
Former Allowrie Terrace
69–71 Church Street
Lot 1, DP 126603 and Lot A, DP 163539
Local
6389
Wollongong
St Michael’s Anglican Church of Australia including church hall, rectory and significant trees
74 Church Street
Lot 102, DP 1101956
State
5905
Wollongong
Canary Island Date Palms
84 Church Street—MacCabe Park
Part Lot 12, DP 524803 and Lot 1, DP 227811
Local
6587
Wollongong
Wollongong War Memorial and Frank Andrews Monument
84 Church Street— MacCabe Park
Part Lot 12, DP 524803
Local
6324
Wollongong
Battery Park, Cliff Road
Cliff Road
Lots 69 and 70, DP 751299
State
5934
Wollongong
Remains of Mt Keira Osborne Wallsend Tramway Bridge
Cliff Road—Osborne Park
Lot 12, DP 212648
State
6367
Wollongong
Railway Cuttings and Embankments
Cliff Road—Wollongong Foreshore from North Beach to Belmore Basin
Lot 70, DP 751299
State
6306
Wollongong
Alice Villa
117 Corrimal Street
Lot 101, DP 827740
Local
6234
Wollongong
Former Roman Catholic cemetery including Gravestones and Monument*
9–11 Crown Street— Andrew Lysaght Park
Lot 143, DP 786508; Lots 1–7, DP 1091530
Local
6383
Wollongong
Flats
10 Crown Street
Lot 90, DP 1024782
Local
6369
Wollongong
St Francis Xavier’s Cathedral
24 Crown Street (fronting Harbour Street)
Lot 1, DP 86710
Local
5932
Wollongong
Comelli Bros Building
48–50 Crown Street
Lot 104, DP 841664
Local
6473
Wollongong
“Lisborne House”
68–70 Crown Street
Lot 1, DP 782764
Local
6236
Wollongong
Shops
72–76 Crown Street
Lot 1, DP 127333
Local
6237
Wollongong
Shop
87 Crown Street
Lot 12, Section 10, DP 759104
State
6238
Wollongong
Wollongong East post office
91 Crown Street
Lot 25, Section 10, DP 759104
State
6370
Wollongong
Norfolk Island Pine
93 Crown Street
Lot 1, DP 1161730
Local
6285
Wollongong
Wollongong Town Hall and Former Council Chambers (now Art Gallery)
93 Crown Street and 46 Burrelli Street
Lots 1–5, DP 1131686; Lot 1, DP 1161730
Local
6381
Wollongong
Wesley Uniting Church
116 Crown Street
Lot 201, DP 731858
Local
6371
Wollongong
Royal Bank
133 Crown Street
Lot 2, DP 603751
Local
6239
Wollongong
Shop known as 83 Church Street
149–161 Crown Street (part)
Lot 1, DP 1094311
Local
6232
Wollongong
Row of shops
230–264 Crown Street
Lots 1 and 2, DP 555270; Lots 2–5, DP 27990; Lots 10 and 11, DP 535757 and Lot A, DP 33437
Local
6240
Wollongong
Former Marcus Clark Building
281–291 Crown Street
Lot 1, DP 927806; Lot 1, DP 1087986; Lot 1, DP 82673; Lot 1, DP 117019; Lot 1, DP 1198873
Local
6474
Wollongong
Former Crown Hotel
309 Crown Street
Lot 1, DP 807229
Local
6241
Wollongong
Tattersall’s Hotel
329–333 Crown Street
Lot 1, DP 222491
Local
6242
Wollongong
Group of Fig Trees
348–352 Crown Street (grounds of Wollongong Hospital)
Lot 200, DP 1206575
Local
5939
Wollongong
Wollongong Hospital Nurses’ Home
348–352 Crown Street (Wollongong Hospital Site)
Lot 200, DP 1206575
State
5939
Wollongong
House
366 Crown Street, Wollongong West
Lot B, DP 343680
Local
6243
Wollongong
Moreton Bay Fig
363–373 Crown Street
Lot 1, DP 201949; Lot 100, DP 1214547
Local
6290
Wollongong
Moreton Bay Fig
Beatson Park, Crown Street
Lots 1 and 2, DP 1115021
Local
6286
Wollongong
House “Hillside”
12 Edward Street
Lot 7, DP 15904
Local
6372
Wollongong
House
27 Edward Street
Lot C, DP 151122
Local
6244
Wollongong
Site of Coke Works, including remains of coke oven*
Endeavour Drive—Belmore Basin
Lot 1, DP 633814
State
6406
Wollongong
Stone Steps
Endeavour Drive—Belmore Basin—connecting Endeavour Drive to Wharf Area
Lot 1, DP 739591; Lot 1, DP 633814
State
6364
Wollongong
Harbour Steps
Endeavour Drive—Belmore Basin—north-eastern side
Lot 1, DP 739591; Lot 1, DP 633814
State
6418
Wollongong
Breakwater Light House
Endeavour Drive—End of Breakwater, Wollongong Harbour
Lot 1, DP 633814
State
5906
Wollongong
Flagstaff Hill Fort
Endeavour Drive—Flagstaff Hill
Lots 1 and 2, DP 222318
State
5933
Wollongong
Wollongong Head Lighthouse
Endeavour Drive—Flagstaff Hill
Lots 1 and 2, DP 222318
State
6375
Wollongong
Three Guns
Endeavour Drive—Flagstaff Hill
Lot 7041, DP 1066112
State
6376
Wollongong
Seawall*
Endeavour Drive, Flagstaff Point
Lot 7040, DP 1066112
State
6344
Wollongong
Ladies’ Baths
Endeavour Drive, south of Flagstaff Point
Lot 7024, DP 1072640
State
6373
Wollongong
Nuns’ Baths
Endeavour Drive, south of Pulpit Rock
Lot 7023, DP 1072640
State
6289
Wollongong
Former Coach House
10A–10B Flinders Street
Lots 101 and 102, DP 579564
Local
6274
Wollongong
Methodist cemetery
Fox Avenue
Lots 55 and 56, DP 751299
Local
6591
Wollongong
Row of Canary Island date palms
Gipps Street (between Corrimal Street and Church Street)
Road reserve
Local
6512
Wollongong
Trade School (TAFE)
38–46 Gladstone Avenue
Lot 1, DP 1011733
Local
6467
Wollongong
Row of bungalows
69–93 Gladstone Avenue
Lots 1–5, DP 16114; Lot 16, DP 1102983 and Lots 17–23, DP 15363
Local
6377
Wollongong
Old Wollongong Court House
1 Harbour Street (Corner of Cliff Road)
Lot 1, DP 47921
State
5908
Wollongong
Site of earliest court house and lock up*
3–9 Harbour Street
Lots 1–4, DP 11509
Local
6407
Wollongong
St Mary’s Convent and secondary girls’ school and chapel
15 Harbour Street
Lot 100, DP 861791
Local
6248
Wollongong
House
30 Harbour Street
Lot 1, DP 152385
Local
6272
Wollongong
Interwar House
32 Harbour Street
Lot 2, DP 152385
Local
6593
Wollongong
House
15 Jutland Avenue
Lot 81, DP 15363
Local
6379
Wollongong
“Esslemont”
23 Keira Street
Lot 10, DP 80424
Local
6250
Wollongong
House
60 Keira Street
Lot 1, DP 170298
Local
6251
Wollongong
House
62 Keira Street
Lot 1, DP 961439
Local
6252
Wollongong
Shops
122–130 Keira Street
Lot 22, DP 571656 and Lot 89, DP 613770
Local
6254
Wollongong
Victorian House
125–129 Keira Street
Lot B, DP 65920
Local
6253
Wollongong
Group of Interwar Shops
131–147 Keira Street
Lot 22, DP 538099; Lot 100, DP 1254677
Local
6255
Wollongong
Shop
149–153 Keira Street
Lot 704, DP 854202
Local
6266
Wollongong
Illawarra Hotel
160–164 Keira Street
Lot 1, DP 83618
Local
6380
Wollongong
National Mutual Life Assurance Building
163–169 Keira Street
Lot 101, DP 621251
Local
5936
Wollongong
Regent Theatre
197–199 Keira Street
Lot 1, DP 330961 and Lot 18, DP 6323
State
5937
Wollongong
Pioneer Rest Park*
Kembla Street—Pioneer Rest Park
Lot 7045, DP 1126831
Local
61038
Wollongong
House
13 Kembla Street
Lot 1, DP 153685
Local
6585
Wollongong
House
60 Kembla Street
Lot A, DP 387316
Local
6387
Wollongong
Small Leafed Figs
94 Kembla Street
Lot 101, DP 1198164 and Road Reserve
Local
6288
Wollongong
Avenue of Norfolk Island pines
Marine Drive
Road reserve
Local
6590
Wollongong
Three picnic shelters in WA Lang Park
W A Lang Park, Marine Drive
Lot 7047, Crown DP 1073466
Local
6269
Wollongong
Bandstand and Marble Plaque Commemorating Bass and Flinders’ Landing
Market Square, Market Street
Lot 1, DP 1155373
Local
6271
Wollongong
Original Wollongong Telegraph and Post Office
11 Market Street
Lot 10, DP 1107297
State
5910
Wollongong
WWII Air raid shelter
11 Market Street
Lot 10, DP 1107297
Local
5910
Wollongong
Wollongong Congregational Church
33 Market Street
Lot 4, DP 1138830
Local
6390
Wollongong
Wollongong Courthouse Complex
43 Market Street
Lot 5, DP 1129967
Local
5911
Wollongong
Sandstone kerbing
Market Street (between Corrimal Street and Market Place)
Road reserve
Local
61039
Wollongong
Market Square
Bounded by Market Street, Market Place and Harbour Street
Lot 1, DP 1155373
Local
6386
Wollongong
Wollongong Railway Station Group
Lot 1 Railway Station Square
Part of Lot 1, DP 1001500
State
6382
Wollongong
Row of Canary Island date palms
Rawlinson Avenue
Road reserve
Local
6287
Wollongong
Row of workers’ cottages
3–9 Robinson Street
Lots 3–6, DP 26476
Local
6391
Wollongong
Row of Canary Island date palms
4–40 Robinson Street (Garden Hill)
Road reserve
Local
6276
Wollongong
Row of California bungalows
10–16 Robinson Street
Lot 36, Section 2, DP 1258; Lot 370, DP 1124821; Lots 38 and 39, Section 2, DP 1258
Local
6514
Wollongong
Monument
1 Smith Street (Corner of Harbour Street)
Lot 1, DP 8441
Local
6378
Wollongong
House
26 Smith Street
Lots 1 and 2, DP 781162
Local
6278
Wollongong
“Little Milton”
33 Smith Street
Lot 101, DP 591663
State
5907
Wollongong
“Wye Lodge” and Magnolia
63 Smith Street
Lot 1, DP 838292
Local
5909
Wollongong
School of Arts building
64 Smith Street
Lot 13, Section 17, DP 975398
Local
6392
Wollongong
House
65 Smith Street
Lot 1, DP 198642
Local
6393
Wollongong
House
67 Smith Street
Lot A, DP 345880
Local
6394
Wollongong
“Llanelly” Cottage
88 Smith Street
Lot 1, DP 1200134
Local
6395
Wollongong
Masonic Hall
88 Smith Street
Lot 1, DP 1200134
Local
6396
Wollongong
“Ken Elm”
90 Smith Street
Lot 1, DP 716876
Local
6397
Wollongong
Wollongong Cemetery, including Nicholle Vault
Swan Street
Lots 1–5 and 7–20, Section 38, DP 759104; Lot 7025, Crown DP 1026284; Lot 54, DP 751299 and closed road
Local
6282
Wombarra
Wombarra general cemetery*
Lawrence Hargrave Drive
Lot 7028, DP 1058309
Local
6142
Wombarra
“Aliummare”
129 Morrison Avenue
Lot 6, DP 1004625
Local
6141
Wongawilli
Moreton Bay Fig
Bankbook Park, Bankbook Drive
Lot 329, DP 1207443
Local
61020
Wongawilli
“Coral Vale” homestead, hayshed and outbuildings
Smiths Lane
Lot 2360, DP 1009483
Local
5978
Wongawilli
Coral Vale Kitchen Building (former)
56 Smiths Lane
Lot 309, DP 1203219
Local
61071
Wongawilli
Anglican Church (former)
57 Wongawilli Road
Lot 3, DP 18020
Local
61068
Wongawilli
Wongawilli Mine Manager’s Cottage (former) and Tennis Court
63 Wongawilli Road
Part Lot 14, DP 255284
Local
61067
Wongawilli
Wongawilli Community Hall
82 Wongawilli Road
Lot 421, DP 1108957
Local
61062
Wongawilli
Wongawilli Colliery*
Lot 422–425 Wongawilli Road
Lot 3, DP 255284; Lots 422–425, DP 1123956
Local
7100
Woonona
Woonona Industrial Co-operative Society
20–22 Ball Street
Lot 1, DP 112101
Local
6194
Woonona
House
78 Campbell Street
Lot 100, DP 875552
Local
6457
Woonona
Woonona Public School
5A Gray Street
Lots 1–4, DP 795373
Local
6196
Woonona
House
6 High Street
Lot 81, DP 1057069
Local
6459
Woonona
Ivycliff
16 Mitchell Road
Lot 39, DP 6223
Local
61006
Woonona
Site of former “Biddulph Farm”*
Mt Ousley Road intersection with Rixons Pass Road
Lot 30, DP 751301
Local
61064
Woonona
Former Woonona Uniting Church
2–8 Popes Road
Lot 71, DP 1160947
Local
61007
Woonona
Former Bulli Police Station and Court House
329–331 Princes Highway
Lot 1, DP 199573
Local
5926
Woonona
Former Vista Theatre
335–339 Princes Highway
Lots 1–3, DP 196949
Local
61008
Woonona
Former Friendly Society Hall
353 Princes Highway
Lot B, DP 154486
Local
6452
Woonona
Former garage
355 Princes Highway
Lot 1, DP 799151
Local
6453
Woonona
Former bank
359 Princes Highway
Lot 2, DP 70560
Local
6454
Woonona
Commercial building
373–375 Princes Highway
Lot 10, DP 605782
Local
6455
Woonona
Woonona post office
430 Princes Highway
Lot 1, DP 541687
Local
6195
Woonona
Woonona Bulli School of Arts
479 Princes Highway
Lot 479, DP 1104915
Local
6502
Woonona
Federation House
511 Princes Highway
Lot 1, DP 1139658
Local
6198
Woonona
Pendlebury Rest Park
Corner Princes Highway and Gray Street
Lot 100, DP 1130698
Local
6199
Woonona
Rixons Pass Road—Landscape and Walls
Rixons Pass Road Reserve
Road reserve
Local
6518
Woonona
House
19 Russell Street
Lot B, DP 164727
Local
6189
Woonona
Federation House
22–24 York Road
Lot 1, DP 529997
Local
6458
Yallah
“Yallah” House
601 Princes Highway
Lot 1, DP 156657
Local
6437
Note—
“*” Indicates an archaeological site or a heritage site with an archaeological component.
Part 2 Heritage Conservation Areas
Column 1
Column 2
Column 3
Description
Identification on Heritage Map
Significance
Austinmer—Moore Street and The Grove
Marked with a red outline and red diagonal hatch
Local
Brownsville—Hore Street, Prince Edward Drive and Brownsville Avenue
Marked with a red outline and red diagonal hatch
Local
Bulli—commercial centre and railway, Princes Highway, Railway Street, Station Street, Park Road, Stokes Lane, Quilkey Place
Marked with a red outline and red diagonal hatch
Local
Garrawarra Hospital—Helensburgh, Princes Highway
Marked with a red outline and red diagonal hatch
Local
Illawarra Escarpment Landscape Area
Marked with a green outline and green vertical hatch
Local
Kembla Heights Mining Village—Harry Graham Drive and Soldiers Road
Marked with a red outline and red diagonal hatch
Local
Market Street—Wollongong, Market Street
Marked with a red outline and red diagonal hatch
Local
North Beach Precinct and Belmore Basin—Wollongong
Marked with a red outline and red diagonal hatch
State
Old Bulli—Princes Highway
Marked with a red outline and red diagonal hatch
Local
sch 5: Am 2011 (390), Sch 2 [2]; 2012 (25), Sch 1 [5] [6]; 2014 (351), Sch 1 [5]; 2015 (764), cl 5; 2018 (33), cl 5; 2018 (255), Sch 1 [6]; 2019 (147), cl 5; 2020 (548), cl 5; 2021 (192), Sch 1[1]–[258].
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 certain 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).
battle-axe lot means a lot that has access to a road by an access laneway.
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 or place—
(a)  that provides residents with a principal place of residence for at least 3 months, and
(b)  that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c)  that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d)  used to provide affordable housing, and
(e)  if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
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 funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, 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.
Note—
Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.
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 (Biodiversity and Conservation) 2021, Chapter 2.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.
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.
co-living housing means a building or place that—
(a)  has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
(b)  provides occupants with a principal place of residence for at least 3 months, and
(c)  has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,
but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.
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 Wollongong City Council.
creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.
Note—
Creative industries are a type of light industry—see the definition of that term in this Dictionary.
crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place contains an associated building for conducting memorial services.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.
Note—
Data centres are a type of high technology industry—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  land required for regional open space,
(d)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes—
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard.
floodway area has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the New South Wales Government in 2005.
Note—
The term means those areas of the floodplain where a significant discharge of water occurs during floods. They are often aligned with the naturally defined channels. Floodways are areas that, even if only partially blocked, would cause a significant redistribution of flood flow, or a significant increase in flood levels
floor space ratio—see clause 4.5.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
foreshore area means the land between the foreshore building line and the mean high water mark of the nearest bay or river.
foreshore building line means the line shown as the foreshore building line on the Foreshore Building Line Map.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement—
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
and includes a data centre, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note 1—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—
(a)  used to house seniors or people with a disability, and
(b)  containing private facilities for cooking, sleeping and bathing, and
(c)  where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,
but does not include a hostel.
Note—
Independent living units are a type of seniors housing—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include—
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry,
(d)  creative industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Note—
Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
Natural Resource Sensitivity—Biodiversity Map means the Wollongong Local Environmental Plan 2009 Natural Resource Sensitivity—Biodiversity Map.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means—
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.