Table Of Contents

Waverley Local Environmental Plan 2012

Part 1 Preliminary
1.1   Name of Plan
This Plan is Waverley Local Environmental Plan 2012.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Waverley 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 promote and co-ordinate a range of commercial, retail, residential, tourism, entertainment, cultural and community uses to service the local and wider community,
(b)  to maintain and reinforce Bondi Junction as the primary commercial and cultural centre in Sydney’s eastern suburbs,
(c)  to provide for a range of residential densities and range of housing types to meet the changing housing needs of the community,
(d)  to provide an appropriate transition in building scale around the edge of the commercial centres to protect the amenity of surrounding residential areas,
(e)  to protect, maintain and accommodate a range of open space uses, recreational opportunities, community facilities and services available to the community,
(f)  to enhance and preserve the natural environment through appropriate planning, protecting the integrity of natural systems and by protecting existing trees,
(g)  to identify and conserve the cultural, environmental, natural, aesthetic, social and built heritage of Waverley.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a)  approved by the local plan-making authority when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA)    (Repealed)
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the 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—
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A   Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1].
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Business Zones
B1 Neighbourhood Centre
B3 Commercial Core
B4 Mixed Use
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C2 Environmental Conservation
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone—
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part—
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development. See clauses 5.1A, 5.6, 5.7, 5.8, 5.10, 5.11 and 5.12.
cl 2.3: Am 2020 (501), Sch 2.11.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
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 2017 (493), Sch 1.1 [1] [2]; 2017 (729), Sch 1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2020 (631), Sch 1[1]; 2021 (71), Sch 1[1]; 2021 (714), Sch 10.21; 2022 (314), Sch 1.
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Tank-based aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Group homes; Home industries; Kiosks; Local distribution premises; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Shop top housing; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
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 maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Home industries; Kiosks; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Shop top housing; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•  To ensure that non-residential uses do not result in adverse impacts on the amenity of existing and future residential premises having regard to building design, operation and activities, transport, traffic generation and the car parking capacity of local roads.
•  To strengthen the viability of Waverley’s existing business centres as places of vitality for investment, employment and cultural activity.
•  To provide retail facilities and business services for the local community commensurate with the centre’s role in the local retail hierarchy.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Community facilities; Group homes; Home industries; Hostels; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hospitals; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Open cut mining; Passenger transport facilities; Plant nurseries; Pond-based aquaculture; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Service stations; Sewage treatment plants; Sex services premises; Signage; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To strengthen the role of the Bondi Junction Centre as a major commercial centre and ensure that commercial uses dominate.
•  To provide direct, convenient and safe pedestrian links between the Bondi Junction bus concourse, rail station and Oxford Street Mall and reinforce the bus and rail interchange as a major passenger transport facility.
2   Permitted without consent
Nil
3   Permitted with consent
Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Serviced apartments; Sewage treatment plants; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
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 encourage commercial uses within existing heritage buildings and within other existing buildings surrounding the land zoned B3 Commercial Core.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hostels; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Passenger transport facilities; Oyster aquaculture; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Roads; 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 RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
•  To facilitate and manage public access to and along the coastline for all.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Depots; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; 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
Aquaculture; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads
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.
2   Permitted without consent
Nil
3   Permitted with consent
Environmental facilities; Environmental protection works; Oyster aquaculture
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; 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
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to ensure that subdivisions reflect and reinforce the predominant subdivision pattern of the area,
(b)  to minimise the likely impact of subdivision and development on the amenity of neighbouring properties.
(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.
4.1AA   Minimum subdivision lot size for community title schemes
[Not adopted]
4.2   Rural subdivision
[Not applicable]
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to establish limits on the overall height of development to preserve the environmental amenity of neighbouring properties and public spaces and, if appropriate, the sharing of views,
(b)  to increase development capacity within the Bondi Junction Centre to accommodate future retail and commercial floor space growth,
(c)  to accommodate taller buildings on land in Zone B3 Commercial Core of the Bondi Junction Centre and provide an appropriate transition in building heights surrounding that land,
(d)  to ensure that buildings are compatible with the height, bulk and scale of the desired future character of the locality and positively complement and contribute to the physical definition of the street network and public space.
(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.
cl 4.3: Am 2017 (729), Sch 1 [3] [4].
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to ensure sufficient floor space can be accommodated within the Bondi Junction Centre to meet foreseeable future needs,
(b)  to provide an appropriate correlation between maximum building heights and density controls,
(c)  to ensure that buildings are compatible with the bulk and scale of the desired future character of the locality,
(d)  to establish limitations on the overall scale of development to preserve the environmental amenity of neighbouring properties and 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.
cl 4.4: Am 2020 (631), Sch 1[2] [3].
4.4A   Exceptions to floor space ratio
Despite clause 4.4, the maximum floor space ratio for a dwelling house or dual occupancy on land in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential is as follows—
(a)  for lots with an area less than 100 square metres—1:1,
(b)  for lots with an area of 100 square metres to 550 square metres—[[(550 − lot area) × 0.0011] + 0.5]:1,
(c)  for lots with an area greater than 550 square metres—0.5:1.
4.4B   (Repealed)
cl 4.4B: Rep 2015 (38), cl 5.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area—
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If—
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless—
(a)  the consent authority is satisfied that—
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning Secretary must consider—
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone 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.
Note—
When this Plan was made it did not include 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 E3 Environmental Management or Zone E4 Environmental Living.
(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 of Schedule 1.
cl 4.6: Am 2020 (403), Sch 1[1]; 2020 No 30, Sch 2.42.
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 R2 Low Density Residential and marked “Classified Road”
Transport for NSW
Zone R3 Medium Density Residential and marked “Classified Road”
Transport for NSW
Zone B4 Mixed Use and marked “Road”
Council
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
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).
cl 5.1: Am 2020 No 30, Sch 4.118.
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land marked on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.
Column 1
Column 2
Land
Development
Zone RE1 Public Recreation and marked “Local open space”
Recreation areas
Zone RE1 Public Recreation and marked “Regional open space”
Recreation areas
Zone B4 Mixed Use for the land shown on the Land Reservation Acquisition Map and marked “Road”
Roads
Zone R2 Low Density Residential for land shown on the Land Reservation Acquisition Map and marked “Classified Road”
Roads
Zone R3 Medium Density Residential for the land shown on the Land Reservation Acquisition Map and marked “Classified Road”
Roads
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
[Not adopted]
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 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 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 20 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 10 square metres.
(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a)  60 square metres,
(b)  30% 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 2018 (406), Sch 1.148 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to encourage the creation of a varied and aesthetically pleasing skyline,
(b)  to encourage quality roof designs that contribute to the aesthetic and environmental design and performance of buildings and allow for individuality of architecture,
(c)  to encourage the integration of the design of the roof into the overall facade, building composition and desired contextual response,
(d)  to minimise the external impact of roof features, in particular with respect to solar access and views.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a)  the architectural roof feature—
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
cl 5.6: Am 2017 (729), Sch 1 [5].
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]
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 Waverley,
(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]
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
[Not applicable]
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of—
(i)  pond-based aquaculture 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 Additional local provisions
6.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, and
(b)  the works are not likely to lower the watertable.
6.2   Earthworks
(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.
(2)  Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.
(3)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b)  the effect of the development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
6.3   (Repealed)
cl 6.3: Rep 2021 (225), Sch 1.
6.4   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land identified as “Biodiversity” on the Terrestrial Biodiversity Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have—
(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  any adverse impact on the habitat elements providing connectivity on the land, and
(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
6.5   Active street frontages in the Bondi Junction Centre
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B3 Commercial Core and Zone B4 Mixed Use in the Bondi Junction Centre.
(2)  This clause applies to land identified as “Active street frontage” 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)  vehicle access.
(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.
6.6   Location of sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—
(i)  in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—
(i)  that adjoins the proposed development, or
(ii)  that can be viewed from the proposed development, or
(iii)  from which a person can view the proposed development.
cl 6.6: Am 2017 (493), Sch 1.2 [1].
6.7   Solar access to public spaces in Bondi Junction
(1)  The objective of this clause is to ensure that buildings are designed to maximise sunlight access to the public places set out in this clause.
(2)  Despite any other provision of this Plan, development consent must not be granted to development that results in any part of a building causing an additional shadow impact at 12 noon on 21 June on the following—
(a)  Clemenston Park,
(b)  Waverley Street Mall,
(c)  Eora Park,
(d)  Norman Lee Place (also known as the Boot Factory), being Lot 6, Section A, DP 145, other than the shadow that would be cast by a notional wall, with a vertical height of 20 metres, located on the southern boundary of any lot that adjoins the northern alignment of Spring Street,
(e)  Oxford Street Mall (between Bronte Road and Newland Street), other than the shadow that would be cast by a notional wall, with a vertical height that matches the relevant height on the Height of Buildings Map, located on the southern boundary of any lot that adjoins the northern alignment of Oxford Street.
(f)    (Repealed)
(3)  In this clause additional shadow impact means any overshadowing caused by the proposed development that is additional to the amount of shadow cast by existing buildings as at the date of commencement of this provision.
cl 6.7: Ins 2014 (367), Sch 1 [1]. Am 2015 (414), cl 5 (1) (2); 2020 (631), Sch 1[4].
6.8   Maximum gross floor area of retail premises on certain land in Bronte
(1)  The objective of this clause is to limit the gross floor area of retail premises on certain land at Macpherson Street and St Thomas Street, Bronte.
(2)  This clause applies to the land shown coloured light blue and marked “1” on the Key Sites Map.
(3)  Development consent must not be granted to development for the purpose of retail premises on land to which this clause applies if the gross floor area of the retail premises exceeds 500 square metres.
cl 6.8: Ins 2014 (588), Sch 1 [1].
6.9   Design excellence
(1)  The objective of this clause is to deliver the highest standard of sustainable architectural and urban design.
(2)  This clause applies to development that—
(a)  is on land shown coloured light green, light pink or brown on the Key Sites Map, and
(b)  involves the erection of a new building, or external alterations to an existing building, that has (or, as a result of the development, would have) a building height equal to, or greater than, 15 metres.
(3)  Development consent must not be granted to development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(4)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development detrimentally impacts on view corridors,
(d)  how the development addresses the following matters—
(i)  the suitability of the land for development,
(ii)  existing and proposed uses and use mix,
(iii)  heritage issues and streetscape constraints,
(iv)  the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)  bulk, massing and modulation of buildings,
(vi)  street frontage heights,
(vii)  environmental impacts such as 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)  the impact on, and any proposed improvements to, the public domain,
(xi)  the quality and integration of landscape design.
cl 6.9: Ins 2017 (729), Sch 1 [6]. Am 2021 (71), Sch 1[2]; 2021 (645), Sch 1[1].
6.10   Design excellence on certain land in Bondi Junction
(1)  The objective of this clause is to deliver the highest standard of architectural, urban and landscape design.
(2)  This clause applies to the following land in Bondi Junction—
(a)  194–200 Oxford Street, being Lots 10, 11, 12 and 13, DP 260116,
(b)  202–210 Oxford Street, being Lot 1, DP 79947 and Lot 16, DP 68010,
(c)  214 Oxford Street, being Lot 1, DP 708295,
(d)  2 Nelson Street, being SP 34942.
(3)  Development consent must not be granted to development to which this clause applies unless—
(a)  an architectural design competition that is consistent with the Design Excellence Guidelines has been held in relation to the development, and
(b)  the design of the development is the winner of the architectural design competition, and
(c)  the consent authority considers that the development exhibits design excellence.
(4)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  how the development addresses overshadowing of the surrounding area, including Centennial Park, and
(b)  the impact of the development on heritage items in the vicinity of the site, and
(c)  the visual appearance of the development when viewed from Centennial Park and the public domain.
(5)  In deciding whether to grant development consent to development to which this clause applies, the consent authority must take into consideration the results of the architectural design competition.
(6)  An architectural design competition is not required under subclause (3) in relation to a modification of a development consent granted under this clause.
(7)  In this clause—
architectural design competition means a competitive process conducted in accordance with the Design Excellence Guidelines.
Design Excellence Guidelines means the Draft Government Architect NSW Design Excellence Competition Guidelines, 2018 published by the NSW Government Architect, as placed on exhibition in May 2018.
cll 6.10, 6.11: Ins 2019 (470), Sch 1 [1].
6.11   Development requiring the preparation of a development control plan
(1)  The objective of this clause is to ensure that development on certain land occurs in accordance with a site-specific development control plan.
(2)  This clause applies to the following land in Bondi Junction—
(a)  194–200 Oxford Street, being Lots 10, 11, 12 and 13, DP 260116,
(b)  202–210 Oxford Street, being Lot 1, DP 79947 and Lot 16, DP 68010,
(c)  214 Oxford Street, being Lot 1, DP 708295,
(d)  2 Nelson Street, being SP 34942.
(3)  Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the matters specified in subclause (4) has been prepared for the land.
(4)  The development control plan must provide for all of the following—
(a)  pedestrian and cycle connections between Oxford Street and Osmund Lane, including the layout of those connections,
(b)  public open space, such as public plazas at street level,
(c)  improvements to the public domain, including street paving, street lighting, street furniture and public art,
(d)  landscaping,
(e)  stormwater drainage.
cll 6.10, 6.11: Ins 2019 (470), Sch 1 [1].
6.12   Development on certain land in Bondi Junction
(1)  The objective of this clause is to maintain the amount of non-residential floor space on certain land in Bondi Junction in Zone B4 Mixed Use.
(2)  This clause applies to development involving the erection of a new building or alterations to an existing building on land shown coloured light pink on the Key Sites Map.
(3)  Development consent must not be granted to development to which this clause applies unless the consent authority is satisfied that the non-residential gross floor area of the building will be the same as or greater than the total non-residential gross floor area of all buildings on the site on 1 January 2021.
(4)  In this clause—
gross floor area does not include habitable rooms in a basement or an attic.
non-residential gross floor area of a building means the gross floor area of the building used or proposed to be used for purposes other than the following—
(a)  residential accommodation,
(b)  tourist and visitor accommodation,
(c)  self-storage units,
(d)  car parks.
cl 6.12: Ins 2021 (71), Sch 1[3].
6.13   Development of the War Memorial Hospital Campus at Edina Estate, Waverley
(1)  The objectives of this clause are—
(a)  to enable the redevelopment of the War Memorial Hospital Campus at Edina Estate, Waverley in accordance with the provisions of a site-specific development control plan, and
(b)  to ensure buildings with additional height and floor space ratio are not erected on the land unless—
(i)  30% of the land will be a deep soil zone, and
(ii)  the buildings are designed to minimise the consumption of energy and water.
(2)  This clause applies to land shown coloured brown on the Key Sites Map.
(3)  Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the following has been prepared for the land—
(a)  built form controls, including the maximum number of storeys and minimum setbacks for buildings,
(b)  measures to ensure development of the land does not negatively impact on the character of surrounding land,
(c)  pedestrian access, including by links through the site,
(d)  landscaping of open space.
(4)  A building on land to which this clause applies may have 1 or more of the following—
(a)  a height of not more than the maximum height shown for the land on the Alternative Height of Buildings Map,
(b)  a floor space ratio of not more than the maximum floor space ratio shown for the land on the Alternative Floor Space Ratio Map.
(5)  Subclause (4) applies only if the consent authority is satisfied that—
(a)  at least 30% of the land to which this clause applies will be a deep soil zone, and
(b)  any building used only for non-residential purposes will be capable of achieving a 4.5 star NABERS rating for water or equivalent, and
(c)  any part of a building that is used for non-residential purposes will be capable of achieving a 5.5 star NABERS rating for energy or equivalent, and
(d)  for BASIX affected development—any building used for dwellings will be capable of—
(i)  exceeding the applicable BASIX target for water by at least 5 points or equivalent, and
(ii)  exceeding the applicable BASIX target for energy by at least 10 points or equivalent, and
(iii)  achieving a NatHERS rating of 7 stars or equivalent.
(6)  In this clause—
BASIX target means a target for water or energy efficiency that is—
(a)  set by the Planning Secretary for the purposes of BASIX certificates issued under the Environmental Planning and Assessment Regulation 2000, and
(b)  in force on the commencement of this clause.
deep soil zone means a landscaped area with no building above or below the ground, but does not include an area used or intended to be used for a driveway or parking.
NABERS rating means a rating for the water or energy efficiency of a building under the National Australian Built Environment Rating System.
NatHERS means the Nationwide House Energy Rating Scheme administered by the Commonwealth Government.
cl 6.13: Ins 2021 (645), Sch 1[2]. Am 2022 No 26, Sch 2.33.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at Bondi Junction in Zone R3 Medium Density Residential
(1)  This clause applies to land at each address shown in Column 1 of the Table to this clause, being the lot described opposite each address in Column 2 of the Table.
(2)  Development for the purposes of office premises is permitted with consent.
Column 1
Column 2
7 Denison Street
Lot 1, DP 599645
9 Denison Street
Lot 1, DP 799127
11 Denison Street
Lot 61, Section B, DP 976168
13 Denison Street
Lot 1, DP 913643
15 Denison Street
Lot 2, DP 913643
17 Denison Street
Lot 3, DP 913643
19 Denison Street
Lot 11, DP 59550
21 Denison Street
Lot 12, DP 59550
23 Denison Street
Lot 13, DP 59550
25 Denison Street
Lot 1, DP 99895
27 Denison Street
Lot 1, DP 579327
29 Denison Street
Lot 1, DP 199075
31 Denison Street
Lot 1, DP 996041
33 Denison Street
Lot 1, DP 797066
35 Denison Street
Lot 1, DP 562873
37 Denison Street
Lot 1, DP 741543
39 Denison Street
Lot 1, DP 718298
41 Denison Street
Lot 1, DP 1089845
43 Denison Street
Lot 5, DP 107706
45 Denison Street
Lot 4, DP 107706
47 Denison Street
Lot 3, DP 107706
49 Denison Street
Lot 2, DP 107706
51 Denison Street
Lot 1, DP 107706
53 Denison Street
Lot B, DP 106980
55 Denison Street
Lot A, DP 106980
57 Denison Street
Lot 1, DP 730719
59 Denison Street
Lot 1, DP 795295
61 Denison Street
Lot 1, DP 1061756
63 Denison Street
Lot 1, DP 197186
65 Denison Street
Lot 1, DP 745989
51 Ebley Street
Lot 5, DP 227462
53 Ebley Street
Lot 6, DP 227462
55 Ebley Street
Lot 7, DP 227462
57 Ebley Street
Lot 8, DP 227462
59 Ebley Street
Lot 9, DP 227462
61 Ebley Street
Lot 10, DP 227462
63 Ebley Street
Lot 11, DP 227462
91 Ebley Street
Lot 91, DP 1117372
54 Newland Street
Lot X, DP 107126
56 Newland Street
Lot Y, DP 107126
58 Newland Street
Lot Z, DP 107126
60 Newland Street
Lot 1, DP 227462
62 Newland Street
Lot 2, DP 227462
64 Newland Street
Lot 3, DP 227462
66 Newland Street
Lot 4, DP 227462
2   Use of certain land at North Bondi in Zone B1 Neighbourhood Centre
(1)  This clause applies to land at each address shown in Column 1 of the Table to this clause, being the lot described opposite each address in Column 2 of the Table.
(2)  Development for the purposes of a registered club (being the North Bondi Returned Services Club) is permitted with development consent.
Column 1
Column 2
118 Ramsgate Avenue
Lot 1, Section 6, DP 786
118 Ramsgate Avenue
Lot 2, Section 6, DP 786
3   Use of certain land at 113 Macpherson Street, Bronte
(1)  This clause applies to Lots 19–21, DP 192094 and Lot 22, DP 72912, being land at 113 Macpherson Street, Bronte.
(2)  Development for the purposes of a registered club (being the Bronte Returned and Services League club) is permitted with consent.
4   Use of certain land at 96–122 Ebley Street, Bondi Junction
(1)  This clause applies to the following land at 96–122 Ebley Street, Bondi Junction—
(a)  Lot 1, DP 733362,
(b)  Lot 1, DP 568524,
(c)  SP 32529,
(d)  SP 22095,
(e)  Lot 6, DP 749904.
(2)  Development for the purposes of shop top housing is permitted with development consent if the consent authority is satisfied of the following—
(a)  the gross floor area used for the purposes of serviced apartments and shop top housing will not result in a floor space ratio of more than 1:1,
(b)  the gross floor area used for all other purposes will result in a floor space ratio of at least 5:1.
5   Use of certain land at 201–209 Old South Head Road, Bondi Junction
(1)  This clause applies to land at 201–209 Old South Head Road, Bondi Junction, being SP 30764.
(2)  Development for the purposes of recreation facilities (indoor) is permitted with development consent.
6   Use of certain land at Waverley in Zone SP2 Infrastructure
(1)  This clause applies to—
(a)  the following land at 125 Birrell Street, Waverley—
(i)  Lot 1, DP 172133,
(ii)  Lot 1, DP 567694,
(iii)  Lot 1, DP 948186,
(iv)  Lot 2, DP 1061588,
(v)  Lot 3, DP 667555,
(vi)  Lots 1 and 2, DP 1061548,
(vii)  Lot 7, DP 948185, and
(b)  Lot 4, DP 593710, 124–160 Bronte Road, Waverley.
(2)  Development for the following purposes is permitted—
(a)  centre-based child care facilities,
(b)  community facilities,
(c)  seniors housing.
sch 1: Am 2014 (367), Sch 1 [2] [3]; 2014 (588), Sch 1 [2]; 2020 (403), Sch 1[2]; 2020 (568), cl 4; 2021 (645), Sch 1[3].
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Driveways for non-domestic purposes
(1)  Must be associated with access to an open hard stand space, a carport or garage.
(2)  Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.
(3)  Must be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners.
(4)  Must not require cut or fill more than 600mm nor be elevated or suspended below or above ground level (existing).
(5)  Must not be wider than the open shared stand space, carport or garage with which it is associated.
(6)  Must be constructed in accordance with Australian Standard AS 2890.1—1993, Parking facilities–Off-street car parking.
(7)  Must not require a new gutter crossing.
Earthworks and retaining walls for non-domestic purposes
(1)  Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.
(2)  Must be located at least 900mm from each lot boundary.
(3)  Must not require cut or fill more than 600mm below or above ground level (existing).
(4)  If a retaining wall—
(a)  must not be higher than 600mm (including the height of any batters) above ground level (existing), and
(b)  if it is on a sloping site and stepped to accommodate the fall in the land—must not be higher than 800mm above ground level (existing) at each step, and
(c)  must have adequate drainage lines behind it.
(5)  Must not redirect the flow of surface water onto an adjoining property.
(6)  Surface water must be disposed of without causing a nuisance to adjoining owners.
(7)  Must be located at least 1m from any registered easement, sewer main or water main.
(8)  If the fill is more than 150mm deep—must not occupy more than 50% of the landscaped area.
(9)  If it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—must be located in the rear yard.
(10)  Must be located at least 50m from a waterbed (natural).
Pathways and paving for non-domestic purposes
(1)  Must be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners.
(2)  Must not require cut or fill more than 600mm below or above ground level (existing).
(3)  Must not have an area more than 15% of the floor area of the associated development.
Pergolas (open) for non-domestic purposes
(1)  Must not be roofed or enclosed.
(2)  Maximum height—2.4m above ground level (natural).
(3)  Must be located at least 900m2 from each lot boundary.
(4)  Maximum pergola floor area—20m2.
Restaurants or cafes (located on the footway of a public road)
(1)  Must be associated with an approved restaurant or cafe on the adjoining property.
(2)  Must maintain continuous pedestrian paths of travel along the footpath and not obstruct access to neighbouring properties.
(3)  Must not have furniture within 3m of a bus stop or taxi stand.
(4)  Must have obtained an approval under section 125 of the Roads Act 1993.
Scaffolding, hoardings and temporary construction site fences (being development to which State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply)
(1)  Must enclose the works area.
(2)  The vertical height above footpath level of the structure being erected or demolished must be less than 4m.
(3)  If it is a temporary construction site fence adjoining, or on, a public place, must be covered in chain wire mesh.
(4)  Must be removed immediately after the purpose for which it was erected has finished and when no safety issue will arise from its removal.
Signage (initial installation of building identification signs or a business identification signs)
(1)  Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a heritage conservation area or draft heritage conservation area.
(2)  Must not cover mechanical ventilation inlets or outlet vents.
(3)  If the sign is a flush wall sign—
(a)  must not be illuminated, and
(b)  must not exceed maximum dimensions—300mm high and 450mm long, and
(c)  maximum of 1 sign per site.
(4)  If the sign is a fascia sign—
(a)  must not be illuminated, and
(b)  must not project above or below the fascia or return end of the awning, and
(c)  must be flush with the fascia.
(5)  If the sign is a top hamper sign—
(a)  if illuminated—must have electrical conduits taken directly into the building, and
(b)  must be flush to the external face of the shop front and must not project more than 150mm beyond the face of the building, and
(c)  maximum of 1 sign per site, and
(d)  must not extend below the head of the doorway or window to which it is attached, and
(e)  must be setback 600mm from the side boundary.
(6)  If the sign is an under awning sign—
(a)  if illuminated—must have electrical conduits taken directly into the building, and
(b)  must not project beyond the awning, and
(c)  maximum of 1 sign per site, and
(d)  must be erected horizontal to the ground and at right angles to the building, and
(e)  must not exceed maximum dimensions—450mm high and 2400mm long, and
(f)  not less than 2.6m above the ground or pavement level, and
(g)  must be a minimum of 600mm from the kerb or roadway edge, and
(h)  must be securely fixed by metal supports.
(7)  If the sign is a window sign—
(a)  must not be illuminated, and
(b)  must be located on the ground level facade, and
(c)  maximum of 1 sign per site, and
(d)  60% of the shop window must remain uncovered.
(8)  If the sign is a real estate sign—
(a)  must not be illuminated, and
(b)  maximum of 1 sign per site, and
(c)  for residential premises or serviced apartments—maximum area of 2.5m2, and
(d)  for commercial premises—maximum area of 4.5m2.
(9)  If the sign is a temporary sign—
(a)  must not be illuminated, and
(b)  the sponsor’s name or logo must be subsidiary to the event or matter being advertised, and
(c)  maximum of 1 sign per site.
Street art
(1)  Must not project more than 30mm from a wall or other surface.
(2)  Must not constitute signage.
Note—
Signage includes advertisements and advertising structures.
(3)  Must not be located on a heritage item or within a heritage conservation area.
(4)  Must not contain material that—
(a)  discriminates against or vilifies any person or group, or
(b)  is offensive or sexually explicit.
(5)  In this clause, street art means art that is painted, marked or otherwise affixed to the outside of a building and that is visible from a public place (within the meaning of the Local Government Act 1993).
Note—
Street art may only be carried out subject to requirements to obtain the approval of the owner of the building on which the street art is located or any statutory authorities. See also Part 2 of the Graffiti Control Act 2008 for graffiti related offences.
Temporary events on public land and public roads and associated temporary structures
(1)  Must take place on land owned by the Council or for which the Council has care, control and management (including Crown land) or a public road for which the Council is the roads authority under the Roads Act 1993.
(2)  Must not involve demolition.
(3)  Must not involve overnight accommodation on bushfire prone land.
(4)  Must not be conducted for more than 52 days (whether or not consecutive) in any period of 12 months.
(5)  In this clause, event means any event (including, without limitation, a market, exhibition, ceremony, meeting, concert, sporting event or fete) that would, but for this clause, require development consent.
Note—
The proposed event may involve activities that require approvals under the Local Government Act 1993 and other legislation. Such activities include the closure of public roads, the erection of temporary structures and activities on public land.
sch 2: Am 2020 (631), Sch 1[5].
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)
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.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Nil
 
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Bondi Junction
3 Bondi Road being Lot 1, DP 937521
Nil
Bondi Junction
79–81 Grafton Street being Lot 3, DP 1073915
Nil
Bondi Junction
1A Newland Street (also known as 79–81 Grafton Street) being Lot 15, DP 849955
Nil
Bondi Junction
Unit 204, 422 Oxford Street being Lot 204, DP 1017003
Nil
Bronte
Rear of 2–8 Dickson Street being Lot 1, DP 1207222
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2017 (352), cl 4.
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Locality
Item name
Address
Property description
Significance
Item no
Bondi
Two storey Edwardian pair of terraces
15–17 Anglesea Street
Lots 1 and 2, DP 206590
Local
I1
Bondi
Inter-war Mediterranean/Spanish style substation
36 Anglesea Street
Lot 1, DP 632238; Lot 1, DP 66636
State
I2
Bondi
Victorian/Federation house
96 Anglesea Street
Lot 1, DP 520411
Local
I3
Bondi
Victorian/Federation cottages
59–63 Avoca Street
Lots 1–3, DP 731877
Local
I4
Bondi
Victorian/Federation houses
59–63 Bondi Road
Lots 1–3, DP 506812
Local
I5
Bondi
Federation commercial terrace
65–73 Bondi Road
Lots 1–5, DP 444781
Local
I6
Bondi
Late Victorian commercial terrace
75–83 Bondi Road
Lots 1–5, DP 33244
Local
I7
Bondi
Federation Queen Anne style mixed development
85–101 Bondi Road
Lots 1 and 2, DP 507418; Lots A and B, DP 316258; Lots A, B and C, DP 323173; Lots 1 and 2, DP 315790
Local
I8
Bondi
Early twentieth century post office
127 Bondi Road
Lot 2, DP 182210
Local
I9
Bondi
Late Federation Free Classical Revival style mechanic building
128 Bondi Road
Lot 2, DP 335013
Local
I10
Bondi
Inter-war Art Deco style residential flat building
134A and B Bondi Road (known as 134 Bondi Road)
Lot A, DP 336659; CP SP 11708
Local
I11
Bondi
Early twentieth century building
138 Bondi Road
Lots 2 and 3, Section 1, DP 979732
Local
I12
Bondi
Masonic Centre, Monumental Style
140 Bondi Road
Lot 34, DP 1108671
Local
I13
Bondi
Inter-war Free Classical style mixed development
151–153 Bondi Road
Lot 3, DP 2003
Local
I14
Bondi
Federation Arts and Crafts style mixed development
158 Bondi Road
Lot B, DP 430058
Local
I15
Bondi
Inter-war Georgian Revival style mechanic building
207 Bondi Road
Lot 8–11, DP 13337
Local
I16
Bondi
Twentieth century, all brick church
220 Bondi Road (St Patrick’s Church)
Lot 1, DP 549166
Local
I17
Bondi
1930s style residential/ commercial building
222–234 Bondi Road
Lot 2, DP 230368
Local
I18
Bondi
Late example of the Federation style
250 Bondi Road
Lot 7, DP 84161
Local
I19
Bondi
Royal Hotel Inter-war Mediterranean style
283 Bondi Road
Lots 1 and 2, DP 1441
Local
I20
Bondi
Federation commercial/residential terrace
298–300 Bondi Road
Lots 2 and 3, DP 4941
Local
I21
Bondi
Late Federation style flat building
301 Bondi Road
Lot 1, DP 6703
Local
I22
Bondi
“Roddymoor”, Federation Arts and Crafts style bungalow
303 Bondi Road
Lots 1 and 2, DP 128660
Local
I23
Bondi
Federation house
310 Bondi Road
Lot 5, DP 3635
Local
I24
Bondi
Individually styled 1930s house
32 Boonara Avenue
Lot 31, DP 9503
Local
I25
Bondi
Federation style cottage
20 Castlefield Street
Lot 1, DP 953569
Local
I26
Bondi
Federation style bungalow
25 Castlefield Street
Lots 1–3, DP 1092584
Local
I27
Bondi
Inter-war style mixed development
32 Fletcher Street (known as 50 Dudley Street)
Lots A and C, DP 321112
Local
I28
Bondi
Federation Queen Anne style house
15 Flood Street
Lot 1, DP 725824
Local
I29
Bondi
Victorian Gothic style house
20 Flood Street
Lot 19, DP 80021
Local
I30
Bondi
Federation period, transitional style house
39 Flood Street
Lot 1, DP 924689
Local
I31
Bondi
Federation Arts and Crafts style residential flat building
55 Flood Street (known as 108–116 Bondi Road)
Lot 15, Section G, DP 1640
Local
I32
Bondi
Federation style bungalow
10 Imperial Avenue
Lot 4, DP 976891
Local
I33
Bondi
Late Federation style house
12 Imperial Avenue
Lot A, DP 9869
Local
I34
Bondi
1930s house
15 Imperial Avenue
Lot 1, DP 105433
Local
I35
Bondi
Federation Queen Anne style semi-detached residences
20–22 Imperial Avenue
Lots A and B, DP 364019
Local
I36
Bondi
Federation style house
24–26 Imperial Avenue
CP SP 70219; Lot 109, DP 1051129
Local
I37
Bondi
Federation style house
28 Imperial Avenue
Lot 11, DP 5640
Local
I38
Bondi
Federation Arts and Crafts style semi-detached residences
25–35 Imperial Avenue
Lots 1 and 2, DP 219876; Lots A and B, DP 88899; Lots A and B, DP 541482
Local
I39
Bondi
Inter-war Californian Bungalow
43 Imperial Avenue
Lot 20, DP 667605
Local
I40
Bondi
Inter-war Californian Bungalow
45 Imperial Avenue
Lot B, DP 178448
Local
I41
Bondi
Inter-war residential flat building
47 Imperial Avenue
Lot 22, DP 13337
Local
I42
Bondi
Inter-war residential flat building
49 Imperial Avenue
Lot 23, DP 13337
Local
I43
Bondi
1920s style bungalow
58 Imperial Avenue
Lot 63, DP 9503
Local
I44
Bondi
Old stone house
16–18 Moore Street
Lots 1 and 2, DP 536933
Local
I45
Bondi
Late Victorian villa
1 Ocean Street
Lot A, DP 344489
Local
I46
Bondi
Inter-war bungalow
21 Ocean Street
Lot B, DP 381299
Local
I47
Bondi
1920s bungalow
23 Ocean Street
Lot A, DP 381299
Local
I48
Bondi
Federation Filigree style residence “Beatrice”, “The Rectory”
34 Ocean Street
Lot 6, Section 3, DP 979732
Local
I49
Bondi
Federation Gothic style, St Matthew’s Church
34a Ocean Street
Lot 6, Section 3, DP 979732
Local
I50
Bondi
1920s bungalow
49 Ocean Street
Lot 1, DP 75745
Local
I51
Bondi
Federation Queen Anne style dwelling, “Melrose”
65 Ocean Street
Lot 19, Section B, DP 3426
Local
I52
Bondi
Federation brick cottage
77 Ocean Street
Lot 13 Section B, DP 3426
Local
I53
Bondi
Federation house
225 Old South Head Road
Lot 1, DP 738524; Lot 1, DP 934617
Local
I54
Bondi
House and remnant Federation garden
225 Old South Head Road
Lot 1, DP 738524; Lot 1, DP 934617
Local
I500
Bondi
Stone cottage
18 Park Parade
Lot 23, DP 667185
Local
I55
Bondi
Late Victorian Italianate style house
14 Penkivil Street
Lot 5, DP 900389, CP SP 44456
Local
I56
Bondi
Victorian Italianate style house
16 Penkivil Street
Lot 1, DP 1037003
Local
I57
Bondi
Victorian Italianate style dwelling
51 Penkivil Street
Lot B, DP 432393
Local
I58
Bondi
Federation house
81 Penkivil Street
Lot 81, DP 1043012
Local
I59
Bondi
Edwardian style, brick cottage
20 Philip Street
Lot 60, DP 4126
Local
I60
Bondi
Federation weatherboard cottage
13 Stephen Street
Lot 48, DP 5184
Local
I61
Bondi
Early twentieth century semi-detached residences
2–12 Tasman Street
Lots 1–6, DP 253162
Local
I62
Bondi
Early twentieth century terraces
2–40 Watkins Street
Lots A–E, DP 442836; Lots 1–5, DP 444403; Lots A–E, DP 442633; Lots 1–5, DP 33816
Local
I66
Bondi
Federation terraced pair
7–9 Watkins Street
Lots 3 and 4, DP 442730
Local
I63
Bondi
Federation terraced pair
11–13 Watkins Street
Lots 5 and 6, DP 442730
Local
I64
Bondi
Federation terraced pair
15–17 Watkins Street
Lots 7 and 8, DP 442730
Local
I65
Bondi
Late Victorian villa
6 Watson Street
Lot 55, DP 86311; Lot 1, DP 1090655; Lot 9, DP 5860
Local
I67
Bondi
Late nineteenth century, semi-detached residences
60–62 Watson Street
Lots 1 and 2, DP 591646
Local
I68
Bondi
Federation timber cottage
69 Watson Street
Lot 78, DP 2584
Local
I69
Bondi
Bondi Public School, School Grounds
3 Wellington Street
Lot 1, DP 812880
Local
I501
Bondi
Late nineteenth century, public school building, Bondi Central Public School
3–11 Wellington Street
Lot 1, DP 812880
Local
I70
Bondi
Late Victorian villa, Scarba Home
30 Wellington Street
Lot 2, DP 212809
Local
I71
Bondi
Scarba Home and remnant garden
30 Wellington Street
Lot 2, DP 212809
Local
I502
Bondi Beach
Late Federation semi-detached residences
1–3 Barracluff Avenue
Lots X and Y, DP 438275
Local
I72
Bondi Beach
Twentieth century Inter-war Stripped Classical style public school building
Bondi Beach Public School
Lot 1, DP 814720
Local
I132
Bondi Beach
Inter-war flat building
1–11A Brighton Boulevard
Lots 1407, 1409, 1410 and 1412, DP 752011; Lot A, DP 335996; SP 14180; SP 14038
Local
I73
Bondi Beach
Inter-war Art Deco style residential flat building
92–96 Brighton Boulevard
CP SP 16443
Local
I377
Bondi Beach
Bondi Beach
Campbell Parade
Item bounded by Marks Park (south); Campbell Parade (north west); Ben Buckler (north east) and Tasman Sea (south east)
National
I93
Bondi Beach
Bondi Beach and Park
Campbell Parade
 
Local
I503
Bondi Beach
Inter-war style residential flat building
20–26 Campbell Parade
Lots 6 and 7, DP 10606
Local
I74
Bondi Beach
1920s style former hotel
34 Campbell Parade (Bondi Astra)
Lot 100, DP 709522; CP SP 22422
Local
I75
Bondi Beach
Inter-war Free Classical style building
38–48 Campbell Parade
Lot Y, DP 421368; CP SP 58164
Local
I76
Bondi Beach
Inter-war style mixed development
70 Campbell Parade
Lot 10, DP 8230; CP SP 13031
Local
I77
Bondi Beach
Inter-war Free Classical style residential flat building
82 Campbell Parade
Lot 8, DP 5953
Local
I78
Bondi Beach
Inter-war Free Classical style residential flat building
92 Campbell Parade
Lot 6, DP 5953; CP SP 13384
Local
I79
Bondi Beach
Inter-war style residential flat building
118–120 Campbell Parade
Lot 1, DP 5953
Local
I80
Bondi Beach
1920s style commercial building
124 Campbell Parade
Lot B, DP 442100
Local
I81
Bondi Beach
1920s hotel landmark building
178A Campbell Parade (Hotel Bondi)
Lot 1, DP 1130125
Local
I82
Bondi Beach
Inter-war Art Deco style residential flat building
226 Campbell Parade
Lot 3, Section 1, DP 9177
Local
I83
Bondi Beach
Inter-war Art Deco style residential flat building
228 Campbell Parade
Lot 4, Section 1, DP 9177
Local
I84
Bondi Beach
Inter-war Art Deco style residential flat building
230 Campbell Parade
Lot 251, DP 714813
Local
I85
Bondi Beach
Inter-war Art Deco style residential flat building
238 Campbell Parade
Lot 21, Section 1, DP 9177
Local
I86
Bondi Beach
Inter-war Art Deco style residential flat building
246–248 Campbell Parade
CP SP 1618
Local
I87
Bondi Beach
Inter-war Art Deco style residential flat building
250–258 Campbell Parade
Lot 3, DP 14120
Local
I88
Bondi Beach
Inter-war Art Deco style residential flat building
264–268 Campbell Parade
CP SP 5528
Local
I89
Bondi Beach
Inter-war Art Deco style residential flat building
270 Campbell Parade
Lot 1310, DP 752011
Local
I90
Bondi Beach
Inter-war Art Deco style residential flat building
274 Campbell Parade
CP SP 14561
Local
I91
Bondi Beach
Inter-war Art Deco style residential flat building
282 Campbell Parade
CP SP 12046
Local
I92
Bondi Beach
Early twentieth century Federation cottages
17–21 Chambers Avenue
Lot 71, DP 650734; Lot 1, DP 114108; Lot 72, DP 667618
Local
I95
Bondi Beach
Early twentieth century, Federation bungalow
15 Consett Avenue
Lot 48, DP 5953
Local
I96
Bondi Beach
Early twentieth century semi-detached residences
18–20 Consett Avenue
Lots 1 and 2, DP 733010
Local
I97
Bondi Beach
1940s flat buildings
63–65 Curlewis Street
CP SP 39828; CP SP 8337
Local
I98
Bondi Beach
1940s flat buildings
67–71 Curlewis Street
CP SP 12167; CP SP 21830; CP SP 21831
Local
I99
Bondi Beach
Inter-war Spanish Mission style flat building
7 Edward Street
Lot B, DP 329256; CP SP 22517
Local
I100
Bondi Beach
Inter-war Spanish Mission style flat building
11 Edward Street
Lot 1, DP 324404
Local
I101
Bondi Beach
Federation Queen Anne style bungalow
75 Edward Street
Lot 3, DP 1071893; Lot 4, DP 1071893
Local
I102
Bondi Beach
1930s style bungalow
13 Forest Knoll Avenue
Lot 1, DP 304526
Local
I103
Bondi Beach
Inter-war Spanish Mission style flat building
28 Francis Street
Lot 2, DP 321966; CP SP 14457
Local
I104
Bondi Beach
Inter-war Spanish Mission style flat building
30 Francis Street
Lot 1, DP 321966; CP SP 21833
Local
I105
Bondi Beach
Inter-war Spanish Mission style flat building
34 Francis Street
Lot A, DP 329256
Local
I106
Bondi Beach
Curved street with retaining wall
120 Francis Street
Lot 4, DP 14694
Local
I504
Bondi Beach
Inter-war Mediterranean style substation
Substation 346, Francis Street
Lot 1, DP 325161
Local
I107
Bondi Beach
1930s styled bungalow
7 Glasgow Avenue
Lot 51, DP 12561
Local
I108
Bondi Beach
1930s styled bungalow
73 Glenayr Avenue
Lot 1, DP 579683
Local
I380
Bondi Beach
1930s styled bungalow
75 Glenayr Avenue
Lot 79, DP 11821
Local
I381
Bondi Beach
1940s corner building
88–90 Glenayr Avenue
Lot 84, DP 11821
Local
I382
Bondi Beach
Art Deco style flat building
149–151 Glenayr Avenue
Lot 4, DP 100119
Local
I110
Bondi Beach
Post War Modern style residential flat building
177 Glenayr Avenue
Lot 24, DP 3641; CP SP 11161
Local
I111
Bondi Beach
Inter-war Mediterranean style substation
Substation 339, Glenayr Avenue
Lot 1, DP 324508
Local
I109
Bondi Beach
Inter-war Mediterranean style substation
Substation 183, Gould Street
Lot 1, DP 179174
Local
I112
Bondi Beach
Inter-war Stripped Classical style public building
20 Hall Street
Lot 2, DP 329116
Local
I113
Bondi Beach
1930s Art Deco Egyptian style commercial building
31–33 Hall Street
Lot 16, Section 4, DP 747
Local
I114
Bondi Beach
Federation style sandstone cottage
43 Hall Street
Lot 13, Section 4, DP 747
Local
I115
Bondi Beach
1930s and 1940s Art Deco and International style flat buildings
6 Hastings Parade
Lot 6, DP 15159; CP SP 31970
Local
I383
Bondi Beach
1930s and 1940s Art Deco and International style flat buildings
8 Hastings Parade
Lot 25, DP 15159; CP SP 16173
Local
I384
Bondi Beach
1930s and 1940s Art Deco and International style flat buildings
25 Hastings Parade
Lot 1370, DP 752011
Local
I117
Bondi Beach
Inter-war Mediterranean style substation
Substation 354, Hastings Parade
Lot 2, DP 333877
Local
I116
Bondi Beach
Early twentieth century cottage
66 Lamrock Avenue
Lot 210, DP 5953
Local
I118
Bondi Beach
Inter-war Georgian Revival style substation
Substation 344, Lucius Street, substation
Lot 1, DP 183019
Local
I119
Bondi Beach
Federation style semi-detached house
108–110 O’Brien Street
Lots A and B, DP 437284
Local
I120
Bondi Beach
Spanish Mission style shop front
281 Old South Head Road
Lot 3, DP 130502
Local
I121
Bondi Beach
Victorian Villa
3 Ormond Street
Lot 5, DP 13236
Local
I122
Bondi Beach
1930s style bungalows
5–7 Ormond Street
Lots 3 and 4, DP 13236
Local
I123
Bondi Beach
Bondi Beach Cultural Landscape
Queen Elizabeth Drive
Item bounded by Notts Avenue (south); Campbell Parade (north west); Ramsgate Avenue East (north east) and the shoreline of Bondi Beach (south east)
State
I94
Bondi Beach
Early twentieth century building
Queen Elizabeth Drive
Bondi Pavilion
State
I124
Bondi Beach
Late Federation style bungalow
18 Rickard Avenue
Lot 1, DP 943047
Local
I125
Bondi Beach
Late Federation style bungalow
21 Rickard Avenue
Lot 1, DP 951109
Local
I126
Bondi Beach
Late Federation style detached residences
41–43 Roscoe Street
Lots 1 and 2, DP 612365
Local
I127
Bondi Beach
Federation Queen Anne style cottage
44 Simpson Street
Lot 25, DP 5110
Local
I129
Bondi Beach
Early twentieth century semi-detached residences
38–40 Sir Thomas Mitchell Road
Lots A and B, DP 442461
Local
I130
Bondi Beach
Inter-war Spanish Mission style flat building
64 Sir Thomas Mitchell Road
Lot 10, DP 13236; CP SP 14833
Local
I131
Bondi Beach
Bondi Beach Public School
Warners Avenue
Lot 1, DP 814720
Local
I503
Bondi Beach
Federation style house
53 Wellington Street
Lot 149, DP 5953
Local
I133
Bondi Beach
Early twentieth century stone cottage
132 Wellington Street
Lot 10, DP 5110
Local
I134
Bondi Junction
Two storey residential flat building
16 Allens Parade
Part Lot 3, DP 11196; SP 11481
Local
I135
Bondi Junction
Two storey residential flat building
27 Allens Parade
Part Lot 17B, DP 11197; SP 19633
Local
I136
Bondi Junction
Two storey terrace row
37–51 Allens Parade
Lots A–D, DP 110330; Lots A and B, DP 443051; Lots 1 and 2, DP 579718
Local
I137
Bondi Junction
Semi-detached dwellings
53–55 Allens Parade
Lots A and B, DP 442315
Local
I138
Bondi Junction
Semi-detached dwellings
57–59 Allens Parade
Lots 1 and 2, DP 529760
Local
I139
Bondi Junction
Victorian Federation cottages
2–14 Ben Eden Street
Lots 1–7, DP 446087
Local
I140
Bondi Junction
Single storey dwelling
2 Birrell Street
Lot 1, Section 7, DP 4600
Local
I141
Bondi Junction
Semi-detached dwellings
22–24 Birrell Street
Lots 1 and 2, DP 850629
Local
I142
Bondi Junction
Single storey dwelling, “St Wenn”
26 Birrell Street
Lot 3, DP 850629
Local
I143
Bondi Junction
Single storey dwelling
190 Birrell Street
Lot 1, DP 948909
Local
I144
Bondi Junction
Two storey terrace row
208–236 Birrell Street
Lots 2–14, DP 442360; Lot 4, DP 775752; Lot 1, DP 1089004
Local
I145
Bondi Junction
St Mary’s Anglican Church and grounds
240 Birrell Street
Lot 1, DP 813589
Local
I505
Bondi Junction
Ecclesiastical Gothic style stone church, St Mary’s Church
240–248 Birrell Street
Lot 1, DP 813589; Lot 1, DP 813586
Local
I146
Bondi Junction
Federation Queen Anne/Federation Carpenter Gothic style cottage
7 Bon Accord Avenue
Lot 9, DP 2431
Local
I147
Bondi Junction
Former Tramway shed
Bondi Road
Former Tramway shed (Waverley Park)
Local
I149
Bondi Junction
Federation style house
24 Bondi Road
Lot 2, DP 593850
Local
I148
Bondi Junction
Late Victorian terraces
70–76 Bondi Road
Lots A–D, DP 358848
Local
I150
Bondi Junction
Victorian/Federation terraced pair
78–80 Bondi Road
Lot 1, DP 101730; Lot 1, DP 34331
Local
I151
Bondi Junction
Late Victorian terraces
82–88 Bondi Road
Lots 21 and 40, Section H, DP 1640; Lot 1, DP 923559; Lots 38 and 39, DP 924909
Local
I152
Bondi Junction
Late nineteenth century terraced pair, Italianate style
96–98 Bondi Road
Lots 1 and 2, DP 523383
Local
I153
Bondi Junction
Federation Filigree style terrace houses
100–102 Bondi Road
Lots A and B, DP 413062
Local
I154
Bondi Junction
Church
1–3 Botany Street
Lots 1 and 2, DP 221977
Local
I155
Bondi Junction
Two storey terraces
2–4 Botany Street
Lots 1 and 2, DP 970713
Local
I156
Bondi Junction
Two storey terraces
6–8 Botany Street
Lot 7, DP 538846
Local
I157
Bondi Junction
Three storey residential flat building row
9–15 Botany Street
Lots A–D, DP 20625; SP 10363
Local
I159
Bondi Junction
Two storey terraces
10–12 Botany Street
Lot 1, DP 515954; Lot 1, DP 721725
Local
I158
Bondi Junction
Two storey residential flat building
19 Botany Street
Lot 30, Section 1, DP 185; SP 10426
Local
I160
Bondi Junction
Single storey terrace row
25–29 Botany Street
Lots A–C, DP 32738
Local
I161
Bondi Junction
Two storey terraces
32–34 Botany Street
Lots 501 and 502, DP 731820
Local
I162
Bondi Junction
Semi-detached dwellings
31–33 Botany Street
Lots 2 and 3, DP 449797
Local
I163
Bondi Junction
Two storey terrace row
40–46 Botany Street
Lots 1–4, DP 537847
Local
I164
Bondi Junction
Single dwelling
48 Botany Street
Lot 2, DP 355126
Local
I165
Bondi Junction
Telecommunication tower
50 Botany Street
Lot 1, DP 619753
Local
I166
Bondi Junction
Ecclesiastical building
39–41 Brisbane Street
Lot 10, DP 59099
Local
I167
Bondi Junction
Facade group only
1–3 Bronte Road
Lots X and Y, DP 393718; Lot D, DP 389074
Local
I168
Bondi Junction
Facade only
3a–5 Bronte Road
Lot 12, DP 1045930
Local
I169
Bondi Junction
Tea Gardens Hotel
4a Bronte Road
Lot 1, DP 82512
Local
I170
Bondi Junction
Facade only
28–42 Bronte Road
Lot A, DP 161158; Lots 1–3, DP 226425; Lot 1, DP 621398
Local
I171
Bondi Junction
Facade only
44–60 Bronte Road
Lot 1, DP 76946; Lots B and C, DP 105981; Lots 1 and 2, DP 231809; Lots X and Y, DP 439279; Lot 1, DP 794626; Lot 48, DP 1085846
Local
I172
Bondi Junction
Facade group only
78–96 Bronte Road
Lots 1 and 2, DP 828697; Lots 1 and 2, DP 605730; Lots 1 and 2, DP 224178; Lots A and B, DP 103030
Local
I173
Bondi Junction
Waverley Telephone Exchange building
120–122 Bronte Road
Lots 3–7, Section 2, DP 185
Local
I246
Bondi Junction
Corner Federation house
2 Council Street
Lot 1, DP 932785
Local
I174
Bondi Junction
Three story residential flat building
9 Dalley Street
Lot A, DP 334552; SP 4993
Local
I175
Bondi Junction
Two storey terrace row
43–55 Denison Street
Lots A and B, DP 106980; Lots 1–5, DP 107706
Local
I176
Bondi Junction
Church building
67–69 Denison Street
Lot 3, DP 1118259; SP 79674
Local
I178
Bondi Junction
Two storey terrace
91 Denison Street
Lot 9, DP 1016536
Local
I179
Bondi Junction
Two storey terrace
95 Denison Street
Lot 1, DP 197916
Local
I180
Bondi Junction
Two storey terrace
100 Denison Street
Lot 1, DP 198697
Local
I177
Bondi Junction
Two storey semi-detached residences
123–125 Ebley Street
Lots A and B, DP 436801
Local
I181
Bondi Junction
Two storey terrace row
126–162 Ebley Street
Lots B–H and J, DP 32999; Lots B and C, DP 329621; Lots A–E, DP 442380; Lots 1–4, DP 529479
Local
I185
Bondi Junction
Two storey semi-detached residences
127–129 Ebley Street
Lots 1 and 2, DP 507397
Local
I182
Bondi Junction
Two storey semi-detached residences
131–133 Ebley Street
Lots A and B, DP 443128
Local
I183
Bondi Junction
Two storey semi-detached residences
135–137 Ebley Street
Lots C and D, DP 445260
Local
I184
Bondi Junction
Inter-war bungalow
6 Goldie Avenue
Lot 6, DP 11120
Local
I186
Bondi Junction
Street names to footpaths and gutters
Corner Grafton Street with Leswell and Nelson Streets, Bondi Junction
 
Local
I189
Bondi Junction
Bondi Junction underground railway and station
93 Grafton Street
Lot 201, DP 1017003; Lot 1, DP 1073913
State
I187
Bondi Junction
Late Victorian villa
18 Kenilworth Street
Lots 39 and 40, Section D, DP 1640
Local
I188
Bondi Junction
Two storey terraces
26–28 Lawson Street
Lot 88, DP 975497; Lot 87, DP 1014025
Local
I190
Bondi Junction
Two storey terrace
32 Lawson Street
Lot A, DP 338101
Local
I191
Bondi Junction
Two storey terrace row
3–39 Llandaff Street
Lot 1, DP 171197; Lot 5, DP 171236; Lot 1, DP 171471; Lots 1–14, DP 221245; Lots 2 and 3, DP 303036
Local
I192
Bondi Junction
Bondi Junction Community Health Centre
26 Llandaff Street
Lot 1, DP 196863
Local
I193
Bondi Junction
Two storey terraces
1–3 Mackenzie Street
Lot 1, DP 545139; Lot 10, DP 633662
Local
I194
Bondi Junction
Single storey terrace row
28–32 Mackenzie Street
Lots 1–3, DP 209077
Local
I195
Bondi Junction
Semi-detached dwellings
33–35 Mackenzie Street
Lots 1 and 2, DP 216451
Local
I196
Bondi Junction
Cottage
1 Mill Hill Road
Lot 100, DP 730334
Local
I197
Bondi Junction
Church and hall building
16 Mill Hill Road
CP SP 57419
Local
I198
Bondi Junction
Two storey terrace, “Iolanthe”
33 Mill Hill Road
Lot 1, DP 719437
Local
I199
Bondi Junction
Two storey terrace, “Cintra”
37 Mill Hill Road
Lot 1, DP 719845
Local
I200
Bondi Junction
Two storey terrace, “Myall”
87 Mill Hill Road
Lot 10, DP 716028
Local
I201
Bondi Junction
Bell type letter receiver
Corner Nelson and Oxford Streets
 
Local
I223
Bondi Junction
Norfolk Pine—Landscape
2 Nelson Street
SP 34942
Local
I506
Bondi Junction
Late Victorian villas
85–89 Old South Head Road
Lot 1, DP 1041383; Lot 1, DP 511226; Lot 21, DP 877226; DP 11810
Local
I202
Bondi Junction
Federation cottages
101–119 Old South Head Road
Lot A, DP 439676; Lots 1–9, DP 438699
Local
I203
Bondi Junction
Art Deco/Moderne style flat buildings
121–127 Old South Head Road
Lots 1, 2, 3A and 4, DP 19013; CP SP 13648; CP SP 14837; Lots 1 and 2, DP 983740
Local
I204
Bondi Junction
Victorian Italianate style residence
129 Old South Head Road
Lots 3 and 4, DP 983740
Local
I205
Bondi Junction
Federation/Victorian style house
131–133 Old South Head Road
Lot 5, DP 983740; Lot 1, DP 104725
Local
I206
Bondi Junction
Inter-war Art Deco style residential flat building
137 Old South Head Road
Lots 22 and 23, DP 2431; CP SP 13392
Local
I207
Bondi Junction
Bus Depot/Waverley Tram Depot building
1–15 Oxford Street
Lot 1, DP 569173
Local
I224
Bondi Junction
Mansion, “Westgate House”
17–19 Oxford Street
Lot 100, DP 627976; SP 19245
Local
I208
Bondi Junction
Front fence and garden, “Westgate House”—Landscape
17–19 Oxford Street
Lot 100, DP 627976; SP 19245
Local
I507
Bondi Junction
Dwelling house, “The Rectory”
45 Oxford Street
Lot 9, DP 741932
Local
I209
Bondi Junction
Timber yard with two storey building and light industrial sheds
47–49 Oxford Street
Lot 1, DP 626974
Local
I210
Bondi Junction
Facade only
63–69 Oxford Street
Lots 2–5, DP 229496
Local
I211
Bondi Junction
Nelson Hotel
232 Oxford Street
Lot 1, DP 83199
Local
I213
Bondi Junction
Facade group only
231–235 Oxford Street
Lot 100, DP 536906; Lot 2, DP 657661
Local
I214
Bondi Junction
Facade group only
304–330 Oxford Street
Lot 100, Section B, DP 90829; Lots A–C, DP 377601; Lot 105, DP 554309; Lots 1 and 2, DP 597630; Lot 1, DP 719902; Lot 1, DP 745345; Lots 98, 101 and 102, Section B, DP 976386; Lot 104, DP 1087474
Local
I215
Bondi Junction
Imperial Building
356–374 Oxford Street
Lots 1–3 and 5–7, DP 39086; Lot 1, DP 163647; Lot 4, DP 508369
Local
I216
Bondi Junction
Facade group only
406 Oxford Street
Lot 1, DP 518967
Local
I217
Bondi Junction
Facade group only
434–444 Oxford Street
Lot A, DP 438340; Lot 34, DP 873403; Lots 5 and 6, DP 9659
Local
I218
Bondi Junction
Ground floor and first floor facade, ground floor entrance, stairway to first floor and first floor bar area, Bondi Junction Hotel
512–548 Oxford Street
Lot 100, DP 1018008
Local
I219
Bondi Junction
Mid-Victorian stone mansion
6 Paul Street
Lot 6, DP 839076; CP SP 48053
Local
I220
Bondi Junction
Late Victorian terraced pair
10–12 Paul Street
Lot 1, DP 113096; Lot 345, DP 1079016
Local
I221
Bondi Junction
Victorian Italianate style dwelling
27 Paul Street
Lot 1, DP 908329
Local
I222
Bondi Junction
Two storey residential flat building
1 Porter Street
Lot 8 and part Lot 9, DP 185; SP 30190
Local
I225
Bondi Junction
Semi-detached dwelling
6–8 Porter Street
Lots 1 and 2, DP 634555
Local
I226
Bondi Junction
Single storey dwelling
15 Porter Street
Lot 7, DP 3795
Local
I227
Bondi Junction
Two storey terrace row
14–22 Porter Street
Lot 1, DP 131590; Lot 1, DP 916823
Local
I228
Bondi Junction
Single storey dwelling
17 Porter Street
Lot 6, DP 3795
Local
I229
Bondi Junction
Single storey dwelling
19 Porter Street
Lot 5, DP 3795
Local
I230
Bondi Junction
Attached/semi-detached dwelling row
1–41 Ruthven Street
Lots 22–42, DP 250200
Local
I232
Bondi Junction
Two storey terrace row
2–10 Ruthven Street
Lots 1–5, DP 250200
Local
I231
Bondi Junction
Two storey terrace row, “Westgate Terrace”
12–42 Ruthven Street
Lots 6–21, DP 250200
Local
I233
Bondi Junction
Single storey dwelling
67 Ruthven Street
Lot 55, DP 252259
Local
I234
Bondi Junction
Two storey terrace, “Ivanhoe”
69 Ruthven Street
Lot 56, DP 252259
Local
I235
Bondi Junction
Boot Factory building
27–33 Spring Street
Lot 6, Section A, DP 145
Local
I236
Bondi Junction
Single storey row
2–36 St James Road
Lots 43–60, DP 250200
Local
I238
Bondi Junction
Single storey dwelling
13 St James Road
Lot 7, DP 17370
Local
I237
Bondi Junction
Federation house
5 St Mary’s Avenue
Lot 3, DP 923134; Lot 2, DP 309750
Local
I239
Bondi Junction
Early twentieth century semi-detached
22–24 Waverley Crescent
Lots 141 and 142, DP 1092124
Local
I240
Bondi Junction
Two storey residential flat building
47 Waverley Street
Part Lot 1, Section 1, DP 6847; SP 841
Local
I241
Bondi Junction
Late Victorian house
1 Woodstock Street
Lot 1, DP 972527
Local
I242
Bondi Junction
Late Victorian terrace
2 Woodstock Street
Lot 1, DP 323168
Local
I243
Bondi Junction
Late nineteenth century houses
12–16 Woodstock Street
Lots 43–45, Section F, DP 1640
Local
I244
Bondi Junction
Federation style house
50 Woodstock Street
Lot 26, Section F, DP 1640
Local
I245
Bondi Junction
Single storey dwelling
7 York Road
Lot 4, Section 6, DP 4600
Local
I247
Bondi Junction
Two storey dwelling
21 York Road
Lot 11, Section 6, DP 4600
Local
I248
Bronte
Victorian/Federation timber cottage
1 Albert Street
Lot 4, DP 771103
Local
I249
Bronte
Federation/Inter-war style bungalow
3 Alfred Street
Lot 1, DP 970891
Local
I250
Bronte
Federation bungalow style residence
4 Arden Street
Lot 1, DP 129306
Local
I447
Bronte
Victorian Italianate villa
4a Arden Street
Lot 2, DP 129306
Local
I446
Bronte
Victorian Italianate style villa
10a Arden Street
Lot 1, DP 129299
Local
I448
Bronte
Federation corner house
1 Belgrave Street
Lot 81, DP 2960
Local
I251
Bronte
Victorian Italianate style bungalow
217 Birrell Street
Lot 5, DP 2456
Local
I252
Bronte
Victorian Italianate style dwelling
219 Birrell Street
Lot 6, DP 2456; CP SP 48450
Local
I253
Bronte
Late Victorian Italianate house
223 Birrell Street
Lot 8, DP 2456
Local
I254
Bronte
Victorian Italianate style villa
225 Birrell Street
Lot 9, DP 2456
Local
I255
Bronte
Victorian Italianate style villa
229 Birrell Street
Lot 11, DP2456
Local
I256
Bronte
Victorian Italianate style villa
231 Birrell Street
Lot 1, DP 126188
Local
I257
Bronte
Victorian Italianate style bungalow
233 Birrell Street
Lot 13, DP 2456
Local
I258
Bronte
Late Federation/early Inter-war bungalow style residence
237 Birrell Street
Lot 2, DP 10515
Local
I259
Bronte
Late Federation/early Inter-war bungalow style residence
239 Birrell Street
Lot 3, DP 10515
Local
I260
Bronte
Federation bungalow style residence
241 Birrell Street
Lot 1, DP 773753
Local
I261
Bronte
Federation Arts and Crafts style residence
247 Birrell Street
Lot 1, DP 930175; Lot 1, DP 935527
Local
I262
Bronte
Federation cottage
249 Birrell Street
Lot 4, DP 2397
Local
I263
Bronte
Post-War house
14 Blandford Avenue
Lot 28, DP 19554
Local
I264
Bronte
Large two storey early stone villa
18 Blandford Avenue
Lot 5, DP 14121; CP SP 11506
Local
I265
Bronte
Inter-war style residential flat building
32 Blandford Avenue (known as 10a Palmerston Avenue)
Lot 36, DP 19554
Local
I266
Bronte
Victorian Classical style terrace houses
6–24 Brae Street
Lot C, DP 913657; Lot 4, DP 611739; Lots E–H and J–M, DP 913657
Local
I267
Bronte
Public school building of the 1920s
Bronte Public School
Lot 1, DP 801461
Local
I311
Bronte
Late Victorian period houses
327–331 Bronte Road
Lot 12, DP 816245; Lot 1, DP 81871; Lot 1, DP 770756
Local
I268
Bronte
Landscape
327–331 Bronte Road
Lot 12, DP 816245; Lot 1, DP 81871; Lot 1, DP 770756
Local
I509
Bronte
Federation style villa
333 Bronte Road
Lot 45, DP 809502
Local
I269
Bronte
Victorian Italianate/Federation bungalow style villa
335 Bronte Road
Lot 1, DP 85747
Local
I270
Bronte
Victorian style semi-detached residences
345–347 Bronte Road
Lots 1 and 2, DP 101431
Local
I271
Bronte
Federation bungalow style residence
353 Bronte Road
Lot 1, DP 75724
Local
I272
Bronte
Victorian Italianate style villa
355 Bronte Road
Lot 1, DP 741763
Local
I273
Bronte
Late Victorian villa
369 Bronte Road
Lot 3, DP 915977
Local
I274
Bronte
1920s style house
402 Bronte Road
Lot 7, DP 667506
Local
I275
Bronte
Single storey Victorian weatherboard house
407 Bronte Road
Lot 1, DP 1067704
Local
I276
Bronte
Late Victorian villas
424 Bronte Road
Lot 2, DP 815026
Local
I277
Bronte
Bronte House—building
470 Bronte Road
Lot 1, DP 123571; Lot 8, DP 15134
State
I508
Bronte
Bronte House—grounds
470 Bronte Road
Lot 1, DP 123571; Lot 8, DP 15134
State
I278
Bronte
Inter-war style building
473 Bronte Road (Bogey Hole Café)
Lot A, DP 328922
Local
I279
Bronte
Recreational facility
Bronte Ocean Pool
Bronte Swimming Pool PO 70/58
Local
I280
Bronte
Moreton Bay Fig tree
28 Brown Street
Lot 13, DP 251513
Local
I510
Bronte
Federation cottage
30 Brown Street
Lot 2, DP 5069
Local
I283
Bronte
Federation Queen Anne style bungalow
32 Brown Street
Lot 12, DP 251513
Local
I284
Bronte
Late nineteenth century stone pair of terraced houses
15–17 Busby Parade
Lot 1, DP 78797; Lot 27, DP 1087205
Local
I285
Bronte
Late Victorian, terraced pair
10–12 Chesterfield Parade
Lots H and K, DP 107251
Local
I286
Bronte
Later style bungalow
16 Chesterfield Parade
Lot A, DP 319524
Local
I287
Bronte
Victorian style terraced pair
27–29 Chesterfield Parade
Lots A and B, DP 436510
Local
I288
Bronte
Inter-war bungalow
30 Chesterfield Parade
Lot 55, DP 82731
Local
I289
Bronte
Federation style house
3 Cross Street
Lot 1, DP 938438
Local
I290
Bronte
Palm Trees
26 Cross Street
Lot A, DP 174231
Local
I511
Bronte
Individual Inter-war house
7 Darling Street
Lot 30, DP 666575; Lot 31, DP 316843
Local
I291
Bronte
1930s, Modern style bungalow
9 Darling Street
Lot 30, DP 666574
Local
I292
Bronte
Late Victorian style mansion
19 Evans Street
Lot 1, DP 401531
Local
I293
Bronte
Ellsmore and remnant Victorian garden
19 Evans Street
Lot 1, DP 1028592
Local
I512
Bronte
Victorian style villa
26 Evans Street
Lot 1, DP 199328
Local
I294
Bronte
Victorian style cottage
28 Evans Street
Lot 8, DP 873340
Local
I295
Bronte
Victorian style cottage
30 Evans Street
Lot 1, DP 509253
Local
I296
Bronte
Victorian style cottage
32 Evans Street
Lot 1, DP 560386
Local
I297
Bronte
Victorian style cottage
34 Evans Street
Lot 1, DP 560386
Local
I298
Bronte
Victorian style cottage
36 Evans Street
Lot 1, DP 73650
Local
I299
Bronte
Victorian style cottage
38 Evans Street
Lot 1, DP 76257
Local
I300
Bronte
Victorian style cottage
40 Evans Street
Lot 1, DP 633085
Local
I301
Bronte
Victorian style cottage
42 Evans Street
Lot 7, DP 3078
Local
I302
Bronte
Late Victorian house
44 Evans Street
Lot 6, DP 3078
Local
I303
Bronte
Post-bungalow style house
37 Gardyne Street
Lot B, DP 305465
Local
I304
Bronte
Federation style house
67 Gardyne Street
Lots 14 and 15, Section 2, DP 2806
Local
I305
Bronte
Inter-war style residential flat building
73 Gardyne Street
Lot 20, DP 2806; CP SP 44034
Local
I306
Bronte
Federation style bungalow
75 Gardyne Street
Lot 1, DP 1251903
Local
I307
Bronte
Federation style house
27 Gibson Street
Lot 1, DP 100682
Local
I308
Bronte
Federation style house
2 Gipps Street
Lot 1, DP 4176
Local
I309
Bronte
Federation style houses
8–14 Gipps Street
Lots 1–3, DP 308188; Lot 1, DP 308187
Local
I310
Bronte
Inter-war style residential flat building
99 Hewlett Street
Lot 2 and part Lot 1, DP 311365; CP SP 12545
Local
I312
Bronte
Norfolk Island Pine Tree
9 Inverness Street (in nature strip)
 
Local
I513
Bronte
Victorian Academic Gothic style, Lugar Brae Church
Leichhardt Street
Lot 1, DP 618709
Local
I313
Bronte
Federation house
4 Leichhardt Street
Lot 1A, DP 17160; Lot 1, DP 152399
Local
I314
Bronte
Federation Queen Anne style semi-detached residences
14–16 Leichhardt Street
Lots A and B, DP 159665
Local
I315
Bronte
Federation Free style mixed development
22 Leichhardt Street
Lot 1, DP 197283
Local
I316
Bronte
Late Victorian cottage
3 Lugar Street
Lot 3, Section 2, DP 975342
Local
I317
Bronte
Federation semi-detached houses
18–20 Lugar Street
Lots 1 and 2, DP 503003
Local
I318
Bronte
Federation Free style mixed development
48 Macpherson Street
Lot 10, Section 2, DP 111225
Local
I319
Bronte
1920s style flat building
50–54 Macpherson Street
Part Lot 7, DP 63251
Local
I320
Bronte
Inter-war Classical Revival style car repair shop
62 Macpherson Street
Lot 1, DP 721719
Local
I321
Bronte
Late Victorian house
90 Macpherson Street
Lot 1, DP 745829
Local
I322
Bronte
Inter-war Classical Revival style mixed development
118–118a Macpherson Street
Lot 7, DP 78510
Local
I323
Bronte
Victorian Classical mixed development
129–131 Macpherson Street
Lot 27, DP 1066833
Local
I324
Bronte
Inter-war Free Classical style mixed development
141–143 Macpherson Street
Lots 1 and 2, DP 549672
Local
I325
Bronte
Inter-war Mediterranean and Art Deco style mixed development
145a–e Macpherson Street
Lot 1, DP 83002
Local
I326
Bronte
Federation bungalow style semi-detached residences
3 Marroo Street
Lot A, DP 437366
Local
I327
Bronte
Federation semi-detached house
5 Marroo Street
Lot B, DP 437366
Local
I328
Bronte
Bronte Public School
Murray Street
Lot 1, DP 801461
Local
I514
Bronte
Inter-war style residential flat building
1 Palmerston Avenue
Lot 10, DP19554; CP SP 31810
Local
I330
Bronte
Inter-war style residential flat building
3 Palmerston Avenue
Lot 9, DP 19554; CP SP 7036
Local
I331
Bronte
Inter-war style residential flat building
5 Palmerston Avenue
Lot 8, DP 19554
Local
I332
Bronte
Inter-war style residential flat building
6 Palmerston Avenue
Lot 39, DP 19554; CP SP 32220
Local
I333
Bronte
Inter-war style residential flat building
7 Palmerston Avenue
Lot 7, DP 19554; CP SP 40420
Local
I334
Bronte
Inter-war style residential flat building
8 Palmerston Avenue
Lot 38, DP 19554
Local
I335
Bronte
Inter-war style residential flat building
9 Palmerston Avenue
Lot 6, DP 19554
Local
I336
Bronte
Inter-war style residential flat building
10 Palmerston Avenue
Lot 37, DP 19554
Local
I337
Bronte
Inter-war style residential flat building
11 Palmerston Avenue
Lot 5, DP 19554; CP SP 14515
Local
I338
Bronte
Inter-war style residential flat building
12 Palmerston Avenue
Lot 1, DP 710870
Local
I339
Bronte
Inter-war style residential flat building
13 Palmerston Avenue
Part Lot 1, DP 19554; Part Lot B, DP 35409; CP SP 22244
Local
I340
Bronte
Inter-war style residential flat building
15 Palmerston Avenue
Part Lot 1, DP 19554; CP SP 31705
Local
I341
Bronte
Early twentieth century timber cottage
3 Read Street
Lot 37, DP 2483
Local
I342
Bronte
Granite Horse Troughs
St Thomas Street (outside Waverley Cemetery)
 
Local
I515
Bronte
Federation house
19 St Thomas Street
Lots 19 and 20, DP 975932
Local
I344
Bronte
Late Victorian terrace design
36 St Thomas Street
Lot 10, DP 656753
Local
I345
Bronte
Two gothic derived styling, rusticated stone buildings within Waverley Cemetery
44A St Thomas Street
Lot 1616, DP 3000
Local
I343
Bronte
Late nineteenth century traditional Georgian, timber home
61 St Thomas Street
Lot 6, DP 732
Local
I346
Bronte
Inter-war Californian Bungalow
9 Tipper Avenue
Lot 26, DP 977743
Local
I347
Bronte
Late Federation Queen Anne/Inter-war Californian bungalow
10 Tipper Avenue
Lot 1, DP 998029
Local
I348
Bronte
Federation style bungalow
2 Yanko Avenue
Lot 1, DP 954161
Local
I349
Bronte
Federation style bungalow
4 Yanko Avenue
Lot 1, DP 168914
Local
I350
Bronte
Federation style bungalow
6 Yanko Avenue
Lot 1, DP 983728
Local
I351
Bronte
Federation style bungalow
9 Yanko Avenue
Lot A, DP 310320
Local
I352
Bronte
Federation style bungalow
17 Yanko Avenue, Bronte
Lot 1, DP 1093865
Local
I353
Bronte
Federation style terrace house
20 Yanko Avenue
Lot 1, DP 72600
Local
I354
Bronte
Federation bungalow style residence
22 Yanko Avenue
Lot B, DP 306082
Local
I355
Bronte
Late Federation Arts and Crafts style residence
32 Yanko Avenue
Lot 2, DP 110233
Local
I356
Bronte
Inter-war bungalow Styles
33 Yanko Avenue
Lot M, DP 9910
Local
I357
Bronte
Sandstone outbuilding, former stables
34a Yanko Avenue
Lot 23, DP 9248
Local
I358
Bronte
“Mandalay” Federation bungalow style residence
35 Yanko Avenue
Lot L, DP 9910
Local
I359
Bronte
Sandstone backyard garden wall
40 Yanko Avenue
Lot W, DP 9910
Local
I360
Bronte
Inter-war Californian bungalow
41 Yanko Avenue
Lot E, DP 9910
Local
I361
Bronte
Inter-war Californian bungalow
42 Yanko Avenue
Lot X, DP 9910
Local
I362
Bronte
Inter-war Californian bungalow
43 Yanko Avenue
Lot 23, DP 9248
Local
I363
Bronte
Federation Arts and Crafts style dwelling
44 Yanko Avenue
Lot Y, DP 9910
Local
I364
Dover Heights
Inter-war Art Deco style bungalow
14 Aboukir Street
Lot 7, DP 11810
Local
I365
Dover Heights
Inter-war Functionalist style
10 Arthur Street
Lot 15, Section E, DP 4683
Local
I366
Dover Heights
Inter-war Art Deco style bungalow
2 Lord Howe Street
Lot 163, DP 11822
Local
I367
Dover Heights
1930s Modern or Oceana style house
166 Military Road
Lot 88, DP 1119543
Local
I368
Dover Heights
Former fire command post and fortress observation post
2 Rodney Street
Lot 12, DP 869200
Local
I369
Dover Heights
1950s style houses
34 Wallangra Road
Lot 67, DP 11822
Local
I370
North Bondi
Bondi Ocean Outfall Sewer (BOOS)
Blair Street
 
State
I371
North Bondi
Inter-war Romanesque style church, Galilee Primary School, St Anne’s Catholic Church—Presbytery
Blair Street
Lot 1, DP 317699
State
I375
North Bondi
Inter-war Art Deco style residential flat building
36 Blair Street
Lot 3, DP 6502
Local
I372
North Bondi
Inter-war Georgian Revival style residential flat building
38 Blair Street
Lot A, DP 331432
Local
I373
North Bondi
1940s Spanish Mission style flat building
40 Blair Street
Part Lot 4, DP 6502; CP SP 12740
Local
I374
North Bondi
1930s style, brick religious building, St Anne’s Convent of Mercy
60 Blair Street
Lots 60–62
Local
I376
North Bondi
Early twentieth century stone commercial building
144 Brighton Boulevarde
Lot 24, Section 7, DP 786
Local
I378
North Bondi
1940s style symmetrical detached residences
15–15A Clyde Street
Lots 1 and 2, DP 514383
Local
I379
North Bondi
Inter-war Art Deco/International style flat building
1 Mitchell Street
Lot 1, DP 726416
Local
I385
North Bondi
Inter-war Spanish Mission style residence
4 Mitchell Street
Lot 2, DP 14428
Local
I386
North Bondi
Inter-war Spanish Mission style residence
6 Mitchell Street
Lot 3, DP 14428
Local
I387
North Bondi
Inter-war Mediterranean style substation
Substation 345, Murriverie Road
Lots A and B, DP 184825
Local
I389
North Bondi
1930s corner house
52 Murriverie Road
Lot B, DP 313893
Local
I388
North Bondi
Inter-war bungalow style Quarry Master’s cottage
118 Murriverie Road
Lot 24, Section A, DP 5491
Local
I390
North Bondi
Inter-war Stripped Classical flat building
119 O’Donnell Street
Lot 43, DP 14447
Local
I391
North Bondi
Bungalow style detached residences
6–8 Vicars Avenue
Lots A and B, DP 443468
Local
I392
North Bondi
Bungalow style detached residences
10–12 Vicars Avenue
Lots X and Y, DP 443846
Local
I393
North Bondi
Bungalow style detached residences
18–20 Vicars Avenue
Lot 172, DP 575871
Local
I394
North Bondi
1930s style, brick chapel, Chapel by the Sea
40 Warners Avenue
Lot B, DP 332059
Local
I395
Queens Park
Federation semi-detached residences
16–18 Alt Street
Lots 1 and 2, DP 208994
Local
I396
Queens Park
Late Federation style house
55 Alt Street
Lot 24, DP 1083466
Local
I397
Queens Park
Federation bungalow
63 Alt Street
Lot 1, DP 449116; Lot 19, DP 455913
Local
I398
Queens Park
House and gardens
1–3 Ashton Street
Lots 1 and 2, DP 630968
Local
I516
Queens Park
Federation semi-detached residences
3 Ashton Street
Lot 2, DP 630968
Local
I399
Queens Park
Federation semi-detached residences
16–18 Ashton Street
Lots 1 and 2, DP 222861
Local
I400
Queens Park
Late Federation bungalow
34 Ashton Street
Lot 21, DP 666622
Local
I401
Queens Park
Federation semi-detached residences
17–19 Birrell Street
Lots 5 and 6, DP 706513
Local
I402
Queens Park
Early worker’s cottage
91 Birrell Street
Lot 1, DP 1079974
Local
I403
Queens Park
Early stone house
93 Birrell Street
Lot A, DP 437935
Local
I404
Queens Park
Early workers’ houses
95–97 Birrell Street
Lots B and C, DP 437935
Local
I405
Queens Park
Late eighteenth century stone houses
1 Blenheim Street
Lot 4950, DP 1108997
Local
I406
Queens Park
Early weatherboard cottages traditional Georgian form
3 Blenheim Street
Lot 1, DP 779179
Local
I407
Queens Park
Early stone terraced pair
9–11 Blenheim Street
Lots 1 and 2, DP 234217
Local
I408
Queens Park
Late nineteenth century weatherboard cottage
35 Blenheim Street
Lot 2, DP 958289
Local
I409
Queens Park
1930s style house
45 Bourke Street
Lot D, DP 14435
Local
I410
Queens Park
Late Victorian commercial/residential buildings
189–199 Bronte Road
Lots 1–4, DP 503965
Local
I411
Queens Park
Inter-war, Art Deco style hotel, Charing Cross Hotel
81–85 Carrington Road
Lot 1, DP 511877
Local
I412
Queens Park
Victorian terrace style house
105 Carrington Road
Lot 1, DP 620208
Local
I413
Queens Park
Victorian workers’ cottages
125–127 Carrington Road
Lot 1, DP 792089; Lot 32, DP 1090796
Local
I414
Queens Park
Victorian/Georgian style timber cottages
129 Carrington Road
Lot 33, Section 1, DP 193323
Local
I415
Queens Park
Federation/Edwardian terraced pair
164–166 Denison Street
Lots 1 and 2, DP 593155
Local
I416
Queens Park
Federation bungalow
192 Denison Street
Lot 8, Section 12, DP 4600
Local
I417
Queens Park
Victorian/Georgian style semi-detached residences
17–19 Edmund Street
Lot 8, DP 850224; Lot 1, DP 1015503
Local
I418
Queens Park
Victorian/Georgian style cottage
24 Edmund Street
Lot 23, Section 1, DP 193323
Local
I419
Queens Park
Victorian/Georgian style sandstone cottage
27 Edmund Street
Lot 28, Section 2, DP 193323
Local
I420
Queens Park
Late nineteenth century stone terrace
1–2 Fitzgerald Lane
Lot 1, DP 195283; Lot 1, DP 770776
Local
I421
Queens Park
Sandstone Wall
2a Fitzgerald Lane (known as 2a Fitzgerald Street)
Part Lot 41 and Part Lot 42, Section 1, DP 977228
Local
I422
Queens Park
Victorian Italianate style semi-detached dwelling
2–4 Fitzgerald Street
Lot 40, DP 1089205; Lot 1, DP 735864
Local
I423
Queens Park
Victorian Italianate style semi-detached dwelling
6–8 Fitzgerald Street
Lots 1 and 2, DP 216938
Local
I424
Queens Park
Federation brick cottage
12 Henry Street
Lot 14, DP 67658
Local
I425
Queens Park
Federation style traditional weatherboard cottage
12 Isabella Street
Lot 13, DP 4134
Local
I426
Queens Park
Early workers cottages
23–31 Isabella Street
Lot 2, DP 74551; Lot 2, DP 151184; Lots A and B, DP 444461; Lot B, DP 335841
Local
I427
Queens Park
Old stone building
11 Victoria Street
Lot A, DP 947094
State
I429
Queens Park
Inter-war bungalows
1–7 Yenda Avenue
Lots 15–18, DP 13797
Local
I430
Queens Park
Inter-war bungalows
2–12 Yenda Avenue
Lots 1 and 2, DP 1027880; Lots 19–22, DP 13797
Local
I431
Queens Park
Former Tram Shed
York Road
 
Local
I428
Queens Park
Federation house
41 York Road
Lot 7, Section 9, DP 4600
Local
I432
Queens Park
Garden and fence
45 York Road
Lot 9, Section 9, DP 4600
Local
I517
Queens Park
Inter-war house
55 York Road
Lot 14, Section 9, DP 4600
Local
I433
Queens Park
Federation Queen Anne style bungalow
63 York Road
Lot 18, Section 9, DP 4600
Local
I434
Rose Bay
Twentieth century bungalow
32 Chaleyer Street
Lot A, DP 166963
Local
I435
Rose Bay
Late Victorian style terrace
22 Roberts Street
Lot 17, Section 2, DP 975146
Local
I436
Tamarama
1950s style house
4 Thompson Street
Lot 38, DP 16732
Local
I437
Vaucluse
1950s house
7 Ethel Street
Lot B, DP 154575
Local
I438
Vaucluse
Georgian style stone house
23 Macdonald Street
Lot 1, DP 332329
Local
I439
Vaucluse
1950s house in red texture brick
24 Macdonald Street (known as 14 Marne Street)
Lot 2, DP 23177
Local
I440
Vaucluse
1930s style bungalow
313 Military Road
Lot B, DP 315110
Local
I441
Vaucluse
South Head Cemetery
Old South Head Road
Lots 113 and 501, DP 752011; Lot 7006, DP 1023201
State
I522
Waverley
Late nineteenth century commercial/residential terraces
3–13 Albion Street
Lots 2, 3 and 5, DP 116719; Lot 4, DP 734108; Lots A and B, DP 447114
Local
I442
Waverley
Late nineteenth century commercial/residential terraces
15–31 Albion Street
Lot 1, DP 1015934; Lot 1, DP 87565; Lots 1 and 2, DP 505278; Lots A and B, DP 435662; Lots 1, 2 and 3, DP 435468
Local
I443
Waverley
Georgian style stone building, St Johns, St Catherine’s Girls School
26 Albion Street
Lot 1, DP 76210; Lot 1, DP 80046; Part Lot 560, DP 752011; Lot C, DP 318719
Local
I444
Waverley
Individually styled 1940s house
55 Albion Street
Lot 1, DP 774845; CP SP 12263
Local
I445
Waverley
War Memorial Hospital—landscape
Birrell and Church Street and Carrington Road
Lot 2, DP 1061588; Lot 1, DP 567694; Lot 7, DP 948185; Lot B, DP 317831; Lot 1, DP 172133; Lot 3, DP 667555; Lots 1 and 2, DP 1061548; Lot 1, DP 948186
State
I519
Waverley
Waverley College—landscape
Birrell, Henrietta and Salisbury Streets
Lot 1, DP 947626; Lot 1, DP 806275; Lot 1, DP 81870; Lots 1–3 73603; Lot 1, DP 664692; Lot B, DP 314938; Lot 1, DP 448248; Lot 1, DP 940182; Lot 1, DP 942089; Lot 1, DP 942047; Lot 1, DP 972928; Lot 6, DP 940481
Local
I518
Waverley
War Memorial Hospital, Late Victorian buildings and former stables
125 Birrell Street
Lot 2, DP 1061588; Lot 1, DP 567694; Lot 7, DP 948185; Lot B, DP 317831; Lot 1, DP 172133; Lot 3, DP 667555; Lots 1 and 2, DP 1061548; Lot 1, DP 948186
Local
I449
Waverley
Federation style classroom building, Waverley College
141–149 Birrell Street (also known as 14 Carrington Road)
Lot 1, DP 947626; Lot 1, DP 806275; Lot 1, DP 81870; Lots 1–3 73603; Lot 1, DP 664692; Lot 1, DP 448248; Lot 1, DP 940182; Lot 1, DP 942089; Lot 1, DP 942047; Lot 1, DP 972928; Lot 6, DP 940481
Local
I450
Waverley
Post War Modernist style Waverley Bowling Club
163 Birrell Street
Part Lot 301, DP 752011, Part Lot 2, DP 218722; Lot 1, DP 966387
Local
I451
Waverley
Victorian/Federation cottages
166–170 Bronte Road
Lots A–C, DP 443715
Local
I452
Waverley
1940s style commercial building, Robin Hood Hotel
203–209 Bronte Road
Lot 1, DP 655918; Lot A, DP 105665; Lot 1, DP 59526
Local
I453
Waverley
Inter-war Free Classical public building
234 Bronte Road
Lot 10, DP 1125134
Local
I454
Waverley
Late nineteenth century commercial terraces
245–277 Bronte Road
Lots 1–4 and 10, DP 436287; Lots 51–53, DP 596369; Lots 54 and 55, DP 599974; Lots A–C, DP 437806; Lot 1, DP 715870; Lot 1, DP 781198; Lot 1, DP 711507; Lot 1, DP 634441
Local
I456
Waverley
Victorian style commercial terrace houses
252–254 Bronte Road
CP SP 95212
Local
I455
Waverley
Late Victorian villa
348 Bronte Road
Lot 1, DP 1108093
Local
I457
Waverley
Victorian style residence
350 Bronte Road
Lots 12 and 13, DP 136332
Local
I458
Waverley
Inter-war Californian bungalow
352 Bronte Road
Lot 1, DP 13117
Local
I459
Waverley
Inter-war Californian bungalow
354 Bronte Road
Lot 2, DP 13117
Local
I460
Waverley
Inter-war Californian bungalow
356 Bronte Road
Lot 3, DP 13117
Local
I461
Waverley
Inter-war Californian bungalow
358 Bronte Road
Lot 4, DP 13117
Local
I462
Waverley
1920s Inter-war bungalow
2 Campbell Street
Lot 1, DP 10844
Local
I463
Waverley
Pair of early cottages
2–4 Carlton Street
Lots 1 and 2, DP 959777
Local
I464
Waverley
Federation house
4 Carrington Road
Lot 2, DP 4176
Local
I465
Waverley
Victorian Mansion “The Grange”
12–14 Carrington Road
Lot B, DP 314938
Local
I466
Waverley
Federation house
36–38 Carrington Road
Lot 1, DP 1074716
Local
I467
Waverley
Early twentieth century, ecclesiastical style building, St Clare’s Convent
41–51 Carrington Road
Lots A and B, DP 80515; Lot A, DP 88528; Lot 1, DP 88596
Local
I468
Waverley
1920s Inter-war bungalow
50 Carrington Road
Lot B, DP 307220
Local
I469
Waverley
Early twentieth century, ecclesiastical style building, St Charles School
63 Carrington Road
Lot 11, DP 1043474
Local
I470
Waverley
Late Federation style house
150 Carrington Road
Lot 2, DP 313451
Local
I471
Waverley
Victorian/Edwardian style terraced pair
1–3 Church Street
Lot 1, DP 433964; Lot A, DP 430111
Local
I472
Waverley
Federation style detached residences
2–8 Church Street
Lots 1 and 2, DP 630460; Lot 1, DP 167332; Lots 1, 2 and 3, DP 1098550
Local
I473
Waverley
Federation cottage
4 Gibson Street
Lot 26, DP 4176
Local
I474
Waverley
Federation cottage
8 Gibson Street
Lot 28, DP 4176
Local
I475
Waverley
Late Victorian villa (Froebal House, Macquarie Institute), Waverley College Junior School
42–64 Henrietta Street
Lot 1, DP 837830
Local
I476
Waverley
Cultural Planting and “The Jungle”—landscape
42–64 Henrietta Street
Lot 1, DP 837830
Local
I520
Waverley
Victorian style terrace
107 Henrietta Street
Lot 1, DP 947966
Local
I477
Waverley
Victorian style dwelling
109 Henrietta Street
Lot 7, DP 1076373
Local
I478
Waverley
Victorian style villa
111 Henrietta Street
Lots 8 and 9, DP 738
Local
I479
Waverley
Victorian Italianate style villa
113 Henrietta Street
Lot 10, DP 738
Local
I480
Waverley
Victorian style dwelling
115 Henrietta Street
Lot 1, DP 1079923
Local
I481
Waverley
Victorian style dwelling
117 Henrietta Street
Lot 11, DP 666642
Local
I482
Waverley
Early stone terrace
4–22 High Street
Lot 1, DP 437066; Lots 2, 3, 4, 5 and 7, DP 108166; Lots 6 and 9, DP 818; Lot 8, DP 168137; Lot 2, DP 437773
Local
I483
Waverley
Inter-war Californian bungalow
1 Kent Street
Lot 2, DP 168406
Local
I484
Waverley
Late nineteenth century house
21 Kent Street
Lot 11, DP 176332
Local
I485
Waverley
Late Victorian mansion
1 Leichhardt Street
Lot C, DP 318719
Local
I486
Waverley
Late Victorian Italianate style house
5 Leichhardt Street
Lot 16, DP 2049
Local
I487
Waverley
Inter-war Free Classical style flat building
13–15 Leichhardt Street
Lot 1, DP 75037
Local
I488
Waverley
Federation house
19 Leichhardt Street
Lot B, DP 401531
Local
I489
Waverley
St Catherine’s School and Grounds
Macpherson Street
Lot 1, DP 76210; Lot 1, DP 80046; Part Lot 560, DP 752011; Lot C, DP 318719
Local
I521
Waverley
Late Victorian house
3 Macpherson Street
Lot 1, DP 1000325; CP SP 60070
Local
I490
Waverley
Late eighteenth century houses
51–57 Macpherson Street
Lot 1, DP 837770; Lots 1, 2 and 3, DP 222202
Local
I491
Waverley
1940s residential commercial building
59 Macpherson Street
Lot 1, DP 433086
Local
I492
Waverley
Victorian stone terrace
5–11 Prospect Street
Lot C, DP 304647; Lots 1 and 2, DP 1091220; Lot A, DP 175826; Lots 1 and 2, DP 702361;
Local
I493
Waverley
Late nineteenth century stone church, Graham Memorial Church
28–30 Victoria Street
Lot 1, DP 908422
Local
I494
Waverley
Large cathedral with Classical Revival facade to lower part of building, Mary Immaculate Church
45–47 Victoria Street/282A Bronte Road
Lot 2 and part Lot 1, DP 774158
State
I495
Waverley
Late Victorian villa
74 Victoria Street
Lot 2, DP 857358
Local
I496
Waverley
Late Victorian house
76 Victoria Street
Lot 1, DP 975149
Local
I497
Waverley
Victorian Filigree style semi-detached residences
33–35 Wiley Street
Lot 1, DP 709825
Local
I498
Waverley
Late Victorian house
44 Wiley Street
Lot 1, DP 449818
Local
I499
Part 2 Heritage conservation areas
Description
Identification on Heritage Map
Significance
Conservation Areas—General
Blenheim Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C1” on the Heritage Map
Local
Bondi Beach Conservation Area—General
Shown by a red outline with red hatching and labelled “C2” on the Heritage Map
Local
Botany Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C3” on the Heritage Map
Local
Brighton Boulevard Conservation Area—General (corner of Hastings Parade and Gould Street)
Shown by a red outline with red hatching and labelled “C4” on the Heritage Map
Local
Brown Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C5” on the Heritage Map
Local
Busby Parade Conservation Area—General
Shown by a red outline with red hatching and labelled “C6” on the Heritage Map
Local
Charing Cross Conservation Area—General
Shown by a red outline with red hatching and labelled “C7” on the Heritage Map
Local
Collingwood Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C8” on the Heritage Map
Local
Evans Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C9” on the Heritage Map
Local
Grafton Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C10” on the Heritage Map
Local
Imperial Avenue Conservation Area—General
Shown by a red outline with red hatching and labelled “C11” on the Heritage Map
Local
Mill Hill Conservation Area—General
Shown by a red outline with red hatching and labelled “C12” on the Heritage Map
Local
Palmerston Avenue Conservation Area—General
Shown by a red outline with red hatching and labelled “C13” on the Heritage Map
Local
Queens Park Conservation Area—General
Shown by a red outline with red hatching and labelled “C14” on the Heritage Map
Local
Watkins Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C15” on the Heritage Map
Local
Woodstock Street Conservation Area—General
Shown by a red outline with red hatching and labelled “C16” on the Heritage Map
Local
Yenda Avenue Conservation Area—General
Shown by a red outline with red hatching and labelled “C17” on the Heritage Map
Local
Conservation Areas—Landscape
Alt Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C18” on the Heritage Map
Local
Arnold Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C19” on the Heritage Map
Local
Avoca Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C20” on the Heritage Map
Local
Ben Buckler (Ray O’Keefe) Reserve Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C21” on the Heritage Map
Local
Birrell Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C22” on the Heritage Map
Local
Blair Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C23” on the Heritage Map
Local
Blenheim Street/Bronte Road Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C24” on the Heritage Map
Local
Bondi Beach and Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C25” on the Heritage Map
Local
Bondi Road (between Paul and Flood Streets) Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C26” on the Heritage Map
Local
Brisbane Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C27” on the Heritage Map
Local
Brisbane Street (Nos 18–34) Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C28” on the Heritage Map
Local
Bronte Beach and Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C29” on the Heritage Map
Local
Bronte Road Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C30” on the Heritage Map
Local
Caffyn Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C31” on the Heritage Map
Local
Calga Avenue Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C32” on the Heritage Map
Local
Centennial Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C33” on the Heritage Map
State
Chesterfield Parade Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C34” on the Heritage Map
Local
Clemenston Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C35” on the Heritage Map
Local
Clovelly Public School—School Grounds Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C36” on the Heritage Map
Local
Coastal Sandstone Escarpment Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C37” on the Heritage Map
Local
Cuthbert Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C38” on the Heritage Map
Local
Dickson Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C39” on the Heritage Map
Local
Eastern Suburbs Banksia Scrub Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C40” on the Heritage Map
Local
Fingelton Reserve Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C41” on the Heritage Map
Local
Flood Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C42” on the Heritage Map
Local
Francis Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C43” on the Heritage Map
Local
Gaerloch Reserve Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C44” on the Heritage Map
Local
Gardyne Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C45” on the Heritage Map
Local
Grafton Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C46” on the Heritage Map
Local
Hewlett Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C47” on the Heritage Map
Local
Hunter and Marks Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C48” on the Heritage Map
Local
Llandaff Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C49” on the Heritage Map
Local
Macpherson Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C50” on the Heritage Map
Local
Macpherson Street (east end) Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C51” on the Heritage Map
Local
Manning Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C52” on the Heritage Map
Local
Newland Street (between Birrell Street and Queens Park Road) Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C53” on the Heritage Map
Local
Oceanview Avenue (east of Military Road) Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C54” on the Heritage Map
Local
Queens Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C55” on the Heritage Map
Local
Rawson Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C56” on the Heritage Map
Local
Remnant Bushland Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C57” on the Heritage Map
Local
Simpson Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C58” on the Heritage Map
Local
South Bronte Headland Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C59” on the Heritage Map
Local
South Head Cemetery Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C60” on the Heritage Map
Local
Tamarama Beach, Park and Marine Drive Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C61” on the Heritage Map
Local
Tamarama Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C62” on the Heritage Map
Local
Thomas Hogan Reserve and Bird Sanctuary (Formerly Glen-Roona Reserve) Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C63” on the Heritage Map
Local
Varna Reserve Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C64” on the Heritage Map
Local
Warners Avenue Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C65” on the Heritage Map
Local
Waverley Cemetery Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C66” on the Heritage Map
Local
Waverley Park Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C67” on the Heritage Map
Local
Wiley Street Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C68” on the Heritage Map
Local
William Reserve, North Bondi Golf Course Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C69” on the Heritage Map
Local
York Road Landscape Conservation Area
Shown by a green outline with green hatching and labelled “C70” on the Heritage Map
Local
Part 3 Archaeological Sites
Locality
Item name
Address
Property description
Significance
Item no
Bondi
Murriverie Quarry
Bondi Golf Course
Lots 1 and 2, DP 916095; Lot 7056, DP 93856
Local
A522
Bondi
Rock engraving
Mackenzie’s Point
AHIMS# 45-6-0750
Local
AH554
Bondi
Murriverie Road
Murriverie Road
 
Local
A523
Bondi
Shelter with midden
South Bondi Cave
AHIMS# 45-6-2060
Local
AH557
Bondi Beach
Open campsite and burial(s)
Bondi Beach
AHIMS# 45-6-2169
Local
AH558
Bondi Beach
Natural drain
Hunter Park
Lots 25 and 713–715, DP 752011
Local
A524
Bondi Beach
Lookout
Marks Park
Lots 23 and 24, DP 752011; Lot 7025, DP 93864
Local
A525
Bondi Beach
Bondi Baths
Notts Avenue
Lot 1556, DP 822245
Local
A526
Bondi Junction
Early industrial archaeological potential
47–49 Oxford Street
Lot 1, DP 626974
Local
A527
Bondi Junction
Ben Eden
6 Paul Street
Lot 6, DP 839076; CP SP 48053
Local
A528
Bondi Junction
Gregory Memorial Fountain
Waverley Park, Cricket Oval
Lot 31, DP 1087364
Local
A531
Bondi Junction
Waverley Reservoir No 1
Waverley Park
Lot 1, DP 84615; Lot 1, DP 547312
State
A529
Bondi Junction
Waverley Reservoir No 2
Waverley Park
Lot 1, DP 84615; Lot 1, DP 547312
State
A530
Dover Heights
Shelter with Potential Archaeological Deposit
Dover Heights PAD
AHIMS# 45-6-2895
Local
AH559
Dover Heights
CSIRO Astronomical Instrument Base
Rodney Reserve
Lot 1, DP 846863; Lot 1, DP 450337
Local
A532
North Bondi
Ben Buckler battery site
Ben Buckler
Lot 1629/75011
State
A535
North Bondi
Rock engraving
Ben Buckler
AHIMS# 45-6-0720
Local
AH553
North Bondi
Rock engraving
Bondi Golf Links
AHIMS# 45-6-0719
Local
AH552
North Bondi
Item
144 Brighton Boulevarde
Lot 24, Section 7, DP 786
Local
A533
North Bondi
Rock engraving
Hugh Bamford Reserve
AHIMS# 45-6-0718
Local
AH551
North Bondi
Rock-Cut Stairway
Military Road (leading to Bamford Reserve)
 
Local
A534
North Bondi
Quarry
56 Military Road
Lot 4, DP 11755; CP SP 5954
Local
A536
North Bondi
SOOS Bakery
445 Old South Head Road
Lot 1, DP 857668
Local
A538
North Bondi
Sewerage stack
Water Reserve
 
Local
A539
North Bondi
Aboriginal rock carvings (Murriverie)
Williams Reserve/Bondi Golf Course
Lots 1 and 2, DP 916095; Lot 7056, DP 93856
Local
A537
North Bondi
European rock carvings
Williams Reserve/Bondi Golf Course
Lots 1 and 2, DP 916095; Lot 7056, DP 93856
Local
A540
Queens Park
Stone houses
85–87 Birrell Street
Lot 1, DP 510389; Lot 1, DP 105423; Lot 1, DP 955429
Local
A541
Queens Park
Stone houses
1 Blenheim Street
Lot 4950, DP 1108997
Local
A542
Queens Park
Item
9–11 and 13 Blenheim Street
Lots 1 and 2, DP 234217; Lot 4, DP 4134
Local
A543
Queens Park
Cottages
23–31 Isabella Street
Lot 2, DP 74551; Lot 2, DP 151184; Lots A and B, DP 444461; Lot B, DP 335841
Local
A544
Queens Park
Shelter(s) with Archaeological Deposit
Queens Park PAD(s)
AHIMS# 45-6-2896
Local
AH560
Queens Park
Shelter with art
Queens Park Reserve
AHIMS# 45-6-0675
Local
AH550
Queens Park
Pre-School Learning Centre, stone house
11 Victoria Street
Lot A, DP 947094
State
A545
Tamarama
Aboriginal carvings
Marks Park (south of Mackenzie’s Point)
Lots 23 and 24, DP 752011; Lot 7025, DP 93864
Local
A546
Tamarama
Shelter with midden
Tamarama Beach Cave
AHIMS# 45-6-1947
Local
AH556
Tamarama
Site of Wonderland and Aquarium
Tamarama Gully
 
Local
A547
Vaucluse
Rock engraving
Diamond Bay
AHIMS# 45-6-1515
Local
AH555
Waverley
Glenrock Terrace
4–22 High Street
Lot 1, DP 437066; Lots 2–5 and 7, DP 108166; Lots 6 and 9, DP 818; Lot 8, DP 168137; Lot 2, DP 437773
Local
A549
Waverley
Wooden cottages
3–4 Judges Lane
Lot A, DP 343469; Lot B, DP 85020
Local
A548
sch 5: Am 2014 (367), Sch 1 [4]; 2017 (729), Sch 1 [7]–[11]; 2019 (470), Sch 1 [2]; 2020 (631), Sch 1[6]–[11].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division—
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Acid Sulfate Soils Map means the Waverley Local Environmental Plan 2012 Acid Sulfate Soils Map.
Active Street Frontages Map means the Waverley Local Environmental Plan 2012 Active Street Frontages Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
Alternative Floor Space Ratio Map means the Waverley Local Environmental Plan 2012 Alternative Floor Space Ratio Map.
Alternative Height of Buildings Map means the Waverley Local Environmental Plan 2012 Alternative Height of Buildings Map.
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).
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 Waverley 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.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes—
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Waverley Local Environmental Plan 2012 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
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.
Height of Buildings Map means the Waverley Local Environmental Plan 2012 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Waverley Local Environmental Plan 2012 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
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.
Key Sites Map means the Waverley Local Environmental Plan 2012 Key Sites Map.
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.
Land Application Map means the Waverley Local Environmental Plan 2012 Land Application Map.
Land Reservation Acquisition Map means the Waverley Local Environmental Plan 2012 Land Reservation Acquisition Map.
Land Zoning Map means the Waverley Local Environmental Plan 2012 Land Zoning Map.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry,
(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.
Lot Size Map means the Waverley Local Environmental Plan 2012 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means—
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—
(a)  attached dwellings,
(b)  boarding houses,
(baa)  co-living housing,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(faa)    (Repealed)
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes—
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling, co-living housing or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—
(a)    (Repealed)
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(la)  specialised retail premises,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note 1—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
Note 2—
School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
secondary dwelling means a self-contained dwelling that—
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is—
(a)  a residential care facility, or
(b)  a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or
(c)  a group of independent living units, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for—
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following—
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows—
swimming pool means an excavation, structure or vessel—
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
Terrestrial Biodiversity Map means the Waverley Local Environmental Plan 2012 Terrestrial Biodiversity Map.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include—
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means—
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2014 (588), Sch 1 [3]; 2021 (225), Sch 1; 2021 (645), Sch 1[4].