Leichhardt Local Environmental Plan 2000

Part 1 Administration

1 Name of the Plan

This Plan is called Leichhardt Local Environmental Plan 2000 and is referred to as the Plan throughout this document.

2 Purpose of the Plan

The purpose of the Plan is to provide a framework for the Council to carry out its responsibility for environmental planning provisions. The Plan has a vision and objectives which are implemented through provisions and development control tables. These provisions, when implemented together with the detailed policies, standards and performance criteria of development control plans, will facilitate the achievement of the Plan’s objectives.

3 Land to which the Plan applies

The Plan applies to all land in the Leichhardt local government area as shown on the Zoning Map, except—

(a)  the land shown as deferred on that map and known as 1 The Crescent, Annandale, and

(b)  the land shown as deferred on that map and known as the State Rail Authority site, being land bounded by Balmain Road, City West Link Road, Moore Street West and Derbyshire Street, Leichhardt, and

(c)  any land to which Sydney Regional Environmental Plan No 26—City West applies that is within that area, and

(d)  any land to which Sydney Local Environmental Plan 2012 applies.

cl 3: Am 2012 (628), Sch 6.1.

4 Effect of the Plan on other environmental planning instruments

(1)  The Plan repeals all other local environmental plans and deemed environmental planning instruments that, immediately before the Plan took effect, applied to the land to which the Plan applies, except to the extent they relate to land shown as deferred on the Zoning Map.

(2)  The Plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10)—

  

Leichhardt local government area

5 Consent authority for the Plan

The Council is the consent authority for the purposes of the Plan, except as provided by or under the Act.

6 Exempt and complying development

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 35 is exempt development.

(2)  Development listed as complying development in Development Control Plan No 35 is complying development if—

(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b)  it is not an existing use, as defined by section 106 of the Act.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 35.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 35.

(5)  In this clause, references to Development Control Plan No 35 are references to the provisions of that development control plan as adopted on 25 November 2003.

cll 6: Am 2.4.2004.

7 General provisions in relation to the development of land

(1) Zones which apply in the Plan The following zones are applicable to land to which the Plan applies—

Residential Zone,

Business Zone,

Industrial Zone,

Open Space Zone,

Public Purpose Zone.

Land is included in a zone if it is shown on the Zoning Map in the manner specified in that zone’s development control table in the Plan.

(2) Development which is allowed or prohibited in each zone Except as otherwise provided by the Plan, development of land within a zone that—

(a)  may be carried out with or without development consent, or

(b)  is prohibited,

is specified in the development control table for the zone.

(3) Land use objectives Consent must not be granted for development proposed within a zone unless the consent authority has taken into consideration such of the objectives of the Plan as are relevant to the proposal and is satisfied that the development is consistent with those objectives.

For the purposes of this subclause, in the event of an inconsistency between the general objectives of the Plan and a specific objective applicable to the proposed use, the specific objective applicable to the proposed use prevails.

8 Definition of terms used in the Plan

In the Plan—

(a)  words defined in Schedule 3 have their defined meanings which may differ from their everyday meanings, and

(b)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(c)  a reference to a map is a reference to a map kept at the office of the Council.

9 Model provisions

This Plan adopts clauses 8 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

cll 9: Am 2.4.2004.

10 The use of explanatory notes

Explanatory notes to the Plan, including any notes within boxes, do not form part of the Plan, nor does the list of its contents.

11 Optional saving for undetermined applications

(1)  Any development application lodged but not finally determined prior to the commencement of the Plan is to be assessed and determined under the provisions of the environmental planning instruments and development control plans that were in force immediately before that commencement.

(2)  However, when assessing and determining a development application to which subclause (1) applies, the consent authority must have regard to the provisions of the Plan and development control plans approved for the purposes of the Plan as if they had been exhibited under the Act but had not been made or approved.

(3)  Subclauses (1) and (2) do not apply to a development application if the applicant has given the Council a written request for the application to be assessed and determined under the Plan.

Part 2 Vision, general objectives and planning principles

12 Vision of the Plan

The vision of the Plan is to conserve and enhance the quality and diversity (social and physical) of the natural, living, working and leisure environments of the local government area of Leichhardt. The protection of the amenity of residents should be pre-eminent.

13 General objectives

(1)  The general objective for ecologically sustainable development is to encourage the incorporation of the principles of ecologically sustainable development in the design and management of the built and natural environment to—

(a)  provide for the preservation of natural resources to ensure their availability for the benefit of future generations, and

(b)  minimise negative impacts of urban development on the natural, social, physical and historical environment, and

(c)  maintain and enhance the quality of life, both now and for the future.

(2)  The general objective for the built and natural environment and amenity is to encourage the design of buildings, structures and spaces which are compatible with the character, form and scale of the area to—

(a)  protect and enhance the area’s natural features, character and appearance, and

(b)  protect, conserve and enhance the area’s heritage, and

(c)  provide an environment meeting the principles of good urban design, and

(d)  maintain amenity and contribute to a sense of place and community, and

(e)  provide an environment which is visually stimulating, while being easy to manage and maintain, and

(f)  provide adequate access and linkages to public open space, and

(g)  accommodate the existing and future needs of the locality concerned, and

(h)  protect and conserve ecologically sensitive land, particularly that which is visually exposed to the waters of Sydney Harbour and the Parramatta River and of natural or aesthetic significance at the water’s edge.

(3)  The general objective for transport and access is to encourage the integration of the residential and non-residential land uses with public and private transport and improve access to—

(a)  reduce the need for car travel and subsequent pressure on the existing road networks, and

(b)  maximise utilisation of existing and future public transport facilities, and

(c)  maximise the opportunity for pedestrian and cycle links, and

(d)  identify and ameliorate adverse impacts of all transport modes on the environment, and

(e)  improve road safety for all users, particularly pedestrians and cyclists.

(4)  The general objective for arts and cultural activity is to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 13: Am 2.4.2004; 2020 (724), Sch 1.8.

14 (Repealed)

cl 14: Rep 2.4.2004.

Part 3 Heritage conservation

15 Objectives

The objectives of the Plan in relation to heritage conservation are as follows—

(a)  to protect, conserve and enhance the cultural heritage and the evidence of cultural heritage, including places, buildings, works, relics, townscapes, landscapes, trees, potential archaeological sites and conservation areas, and provide measures for their conservation,

(b)  to protect, conserve and enhance the character and identity of the suburbs, places and landscapes of Leichhardt, including the natural, scenic and cultural attributes of the Sydney Harbour foreshore and its creeks and waterways, surface rock, remnant bushland, ridgelines and skylines,

(c)  to prevent undesirable incremental change, including demolition, which reduces the heritage significance of places, conservation areas or heritage items,

(d)  to allow compatible and viable adaptation and re-use of the fabric of heritage significance,

(e)  to ensure the protection of relics and places of Aboriginal cultural significance in liaison with the Aboriginal community.

cl 15: Subst 2.4.2004.

16 General provisions for the development of land

Heritage items

(1)  Consent is required for all development on the site of a heritage item.

(2)  Consent must not be granted for any development in respect of a heritage item unless the consent authority has assessed a statement that—

(a)  describes the significance of the heritage item as part of the environmental heritage of Leichhardt, and

(b)  addresses the extent of the impact of the development on the conservation and heritage significance of the item in terms of—

(i)  its fabric,

(ii)  the age of the building or structure,

(iii)  any stylistic or horticultural features of its setting,

(iv)  any potential for archaeology,

(v)  any historic subdivision pattern in the vicinity, and

(c)  sets out any steps to be taken to mitigate any adverse impact of the proposed development on the environmental heritage of Leichhardt.

(3)  Unless the consent authority has considered a conservation management plan, it must not grant consent for development on land which is—

(a)  the site of a heritage item identified in Schedule 2 as having State significance,

(b)  the site of a heritage item that pre-dates 1840, or

(c)  a place identified in Schedule 2 as having archaeological significance.

Items listed on the State Heritage Register for the time being are taken to have State significance for the purposes of the Plan, whether or not that listing is recorded in Schedule 2.

(4)  Consent must not be granted for development on land which comprises an archaeological site or is a potential archaeological site unless the consent authority is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(5)  Consent must not be granted for development on land which comprises an Aboriginal site or that the Council considers is a potential Aboriginal site, unless the consent authority—

(a)  has notified the Council’s Aboriginal Consultative Committee, Boomalli Aboriginal Artists Co-operative and the Metropolitan Local Aboriginal Land Council, and

(b)  has considered any matters raised by each of those bodies within 21 days of the notification, and

(c)  is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

Use of a heritage item

(6)  Nothing in the Plan prevents consent from being granted for the use of a heritage item for any purpose, if the consent authority is satisfied that—

(a)  the proposed use would not adversely affect the heritage significance of the item, and

(b)  the proposed use will ensure the conservation of the heritage item, where it is a building, and

(c)  the amenity of the area will not be adversely affected.

Development in the vicinity of a heritage item

(7)  Consent must not be granted for development on land in the vicinity of a heritage item, unless the consent authority has made an assessment of the effect the carrying out of that development will have on the heritage significance of the heritage item and its setting as well as on any significant views to and from the heritage item.

Conservation areas

(8)  Consent must not be granted for the demolition, reconstruction, adaptation or erection of a building, the carrying out of a work, or the subdivision of land, within a conservation area unless the consent authority has made an assessment of the extent to which the carrying out of the development would affect the heritage significance of the conservation area, with particular regard to—

(a)  the heritage significance of any building, work, relic, tree or place, archaeological site or potential archaeological site or Aboriginal site that would be affected, and the contribution it makes to the conservation area, and

(b)  the compatibility of the proposed development with the conservation area, including the size, form, scale, orientation, siting, materials, landscaping and details of the proposed development.

cl 16: Am 2008 (571), Sch 3.103 [1] [2].

Part 4 Housing

17 Objectives

The objectives of the Plan in relation to housing are as follows—

(a)  to provide development standards to ensure that the density and landscaped areas of new housing are complimentary to and compatible with the style, orientation and pattern of surrounding buildings, works and landscaping and to take into account the suite of controls in Leichhardt Development Control Plan 2000 to achieve the desired future character,

(b)  to provide landscaped areas that are suitable for substantial tree planting and of a size and location suitable for the use and enjoyment of residents,

(c)  to provide for a minimum residential allotment size in order to protect the area’s diverse subdivision pattern and to ensure the orderly and economic use and development of residential land,

(d)  to provide a diverse range of housing in terms of size, type, form, layout, location, affordability and adaptability to accommodate the varied needs of the community, including persons with special needs,

(e)  to improve opportunities to work from home.

cl 17: Subst 2.4.2004.

18 Development control table: Residential Zone

The following Table applies to development within the Residential Zone—

Table

(1) Description of the zone

The Residential Zone provides for residential development and allows, with consent, other uses which are compatible with residential amenity.

Land within this zone is shown coloured pink on the Zoning Map.

(2) Development allowed without development consent

Exempt development.

(3) Development allowed only with development consent

Development for the purpose of—

advertisements

bed and breakfast accommodation

boarding houses

boatsheds

child care facilities

community facilities

community gardens

dwellings

educational establishments

exhibition homes

group homes

health care premises

high impact telecommunication facilities

home based employment

hospitals

housing for seniors or people with a disability

local shops

places of public worship

playgrounds

public transport stops

recreation areas

roads

Demolition

Subdivision

(4) Prohibited development

Any development not included in item (2) or (3).

cl 18: Am 2.4.2004; 2007 (641), Sch 5.22 [1] [2].

19 General provisions for the development of land

(1) Floor space and landscaped area controls In this clause—

Density area means land shown as a density area by heavy black edging on the Density Map.

(2)  Except where the development is carried out in accordance with clause 23 (1), consent must not be granted to the carrying out of residential development on land within a density area if it will result in the floor space ratio exceeding the ratio shown for the density area in the following Table—

Table

Density area	Maximum floor space ratio
Leichhardt	0.5:1
Annandale	0.6:1
Balmain	0.7:1
Glebe	0.7:1

(3)  Except where the development is carried out in accordance with clause 23 (1)—

(a)  the minimum landscaped area for residential development is 40% of the site area, and

(b)  25% of the landscaped area required under paragraph (a)—

(i)  is to be on natural or unpaved ground that is not overhung by or on top of any structure, and

(ii)  is to be permeable, and

(iii)  is to be appropriate for substantial deep planting.

(4) Subdivision control Consent shall not be granted to the subdivision of land within the Residential Zone that would create a single allotment of land with a site area of less than 200 square metres.

This subclause does not apply to the strata subdivision of buildings.

(5) Building conversion and adaptation Irrespective of subclauses (2) and (3), consent may be granted to alterations to a non-residential building, in the Residential Zone, so as to allow it to be used for a residential use, if the consent authority is satisfied that—

(a)  the building is substantially retained, which means the building must be structurally capable of conversion without the need for the replacement of most of the structure, and

(b)  any increase in floor space is contained generally within the envelope of the existing building, and

(c)  the alteration of the building will meet the ecologically sustainable development objectives and controls of the Plan, and

(d)  the alterations have been designed with adequate provision for the intended occupants, and those in the vicinity of the site of the proposed development, in terms of amenity, and

(e)  the appearance of the building, after the alterations have been carried out, will integrate into and enhance the streetscape, and

(f)  the alteration of the building will provide useable private outdoor recreation space for, and directly adjoining, each dwelling, and

(g)  the conversion of the building will provide adequate, accessible and secure car parking spaces and bicycle storage facilities for residents of and visitors to the building, and

(h)  where the building is a heritage item or in the vicinity of a heritage item or within a conservation area, the conversion of the building meets the heritage objectives and controls of the Plan.

(6) Diverse housing Consent must not be granted for development that will provide 4 or more dwellings, unless it provides a mix of dwelling types in accordance with the following Table, to the nearest whole number of dwellings—

Table

Dwelling type	Percentage to be provided
Bedsitter or one bedroom dwelling	Minimum 25%
Three or more bedroom dwelling	Maximum 30%

(7) Adaptable housing Consent must not be granted to development that will provide 10 or more dwellings unless it provides adaptable housing units in accordance with the following Table, to the nearest whole number—

Table

Number of dwellings	Number of adaptable housing units
10–15	1
16–24	2
25–34	3
35 or more	10% of the total number of dwellings

cl 19: Am 3.5.2002; 2.4.2004.

Part 5 Employment

20 Objectives

The objectives of the Plan in relation to employment are as follows—

(a)  to ensure the sustainable growth of Leichhardt’s economy by retaining existing employment uses and fostering a range of new industrial and business uses to meet the needs of the community,

(b)  to reinforce and enhance the role, function and identity of established business centres by encouraging appropriate development and to ensure that surrounding development does not detract from the function of these centres,

(c)  to integrate residential and business development in business centres,

(d)  to ensure that buildings to be used for employment are appropriately located and designed to minimise the generation of noise, traffic, car parking, waste, pollution and other adverse impacts, to maintain the amenity of surrounding land uses, and avoid harm to the environment,

(e)  to ensure the continuation of commercial port uses and railway uses,

(f)  to allow a range of water-based commercial and recreational facilities in waterfront areas in order to retain the visual diversity and maritime character of the area,

(g)  to ensure non-residential development in residential zones does not detract from the function of the established business centres.

cl 20: Subst 2.4.2004.

21 Development control table: Business Zone

The following Table applies to development within the Business Zone—

Table

(1) Description of the zone

The Business Zone applies to land within existing business centres where retail, commercial and associated uses are concentrated.

Land within this zone is shown coloured blue on the Zoning Map.

(2) Development allowed without development consent

Exempt development.

(3) Development allowed only with development consent

Any development not included in item (2) or (4).

(4) Prohibited development

Development for the purpose of—

advertising panels

airports

bulk stores

caravan parks

depots

drive-in take-away food shops

generating works

helipads

heliports

junk yards

liquid fuel depots

nuclear facilities

passenger transport terminals

smash repairs

timber yards

warehouses

22 Development control table: Industrial Zone

The following Table applies to development within the Industrial Zone—

Table

(1) Description of the zone

The Industrial Zone provides for a range of employment opportunities.

Land within this zone is shown coloured purple on the Zoning Map.

(2) Development allowed without development consent

Exempt development

(3) Development allowed only with development consent

Development for the purpose of—

advertisements

amusement centres

brothels

bulk stores

bulky goods retailing

car parking

community facilities

depots

educational establishments

generating works

high impact telecommunication facilities

industries

local shops

motor showrooms

passenger transport terminals

places of public worship

port uses

public transport stops

railways

recreation areas

recreation facilities

roads

service stations

sex shops

smash repairs

timber yards

transport depots

veterinary facilities

warehouses

water-based commercial and recreational facilities

Demolition
Subdivision

(4) Prohibited development

Any development not included in item (2) or (3).

cl 22: Am 2.4.2004.

23 General provisions for the development of land

(1) Commercial floor space control

(a)  Consent must not be granted to the carrying out of non-residential development on land within any zone if it will result in the floor space ratio of a building on the land exceeding 1:1.

(b)  Consent may be granted to the carrying out of mixed residential and other development on land within the Business Zone which results in a floor space ratio of a building on the land up to 1.5:1, but only if all floor space at the ground floor or street level is used for non-residential purposes (except for any floor space used for service and access purposes required for the residential component of the building in the floors above).

(c)  Residential development on land within the Business Zone is only allowed in accordance with paragraph (b).

(2) Industrial floor space control Consent must not be granted to the carrying out of development on land within the Industrial Zone if it will result in a floor space ratio of a building on the land exceeding 1:1.

(3) Development for the purpose of bulky goods retailing Consent must not be granted to the carrying out of development for the purpose of bulky goods retailing unless consideration has been given to the following—

(a)  whether the proposed development will detrimentally affect existing or future industrial development within the zone in which the land concerned is situated and whether this impact is acceptable, and

(b)  whether the number of retail outlets that exist or are proposed on land within the Industrial Zone detract from the predominantly industrial nature of the zone.

(4) Development for the purpose of backpacker hostels and serviced apartments Consent must not be granted to the carrying out of development for the purpose of backpacker hostels or serviced apartments, unless consideration has been given to the following—

(a)  the need to control the establishment of backpacker hostels and serviced apartments in the local government area of Leichhardt,

(b)  the need to protect the stock of low-cost, long-term rental accommodation within that area,

(c)  the need to prevent the reduction in residential amenity associated with the encroachment of backpacker hostels and serviced apartments into nearby residential areas.

(5) Development for the purpose of brothels or sex shops Consent must not be granted to the carrying out of development for the purpose of a brothel or sex shop unless consideration has been given to the following—

(a)  whether the brothel or sex shop is operating near or within view from a place of public worship, hospital or school or any place regularly frequented by children for recreational or cultural activities,

(b)  whether the brothel or sex shop would have an adverse impact on the amenity in the neighbourhood when taking into account other brothels or sex shops operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,

(c)  whether the brothel or sex shop will have suitable access,

(d)  whether the brothel or sex shop will interfere with the amenity of the neighbourhood.

(6) Commercial use of non-residential buildings in the Residential Zone Consent may be granted to the use of a building or part of a building situated within the Residential Zone for any use allowed only with development consent in the Business Zone, and the alteration of the building so that it can be so used, if—

(a)  the whole or part of the building was constructed for a non-residential use, and

(b)  the building is substantially retained, which means the building must be structurally capable of conversion while meeting building, health, amenity and other environmental planning requirements, without the need for the replacement of most of the structure, and

(c)  the consent authority is satisfied that the amenity of the locality will not be adversely affected.

(7)  Nothing in subclause (6) allows the use of an existing building, or part of an existing building, situated within the Residential Zone for the purpose of backpacker hostels, brothels, clubs, hotels, motels, serviced apartments or sex shops.

(8) Refreshment rooms in non-residential buildings in the Residential Zone Consent must not be granted under subclause (6) for the use of a building or part of a building situated within the Residential Zone for the purpose of a refreshment room unless the consent authority is satisfied that—

(a)  the gross floor area of the refreshment room (excluding floor area used for food preparation, service areas and storage) will not exceed 60 square metres, and

(b)  the refreshment room will not trade after 6 pm any day.

cl 23: Am 2.4.2004; 2005 (208), Sch 1 [1] [2].

Part 6 Open space, recreation and leisure

24 Objectives

The objectives of the Plan in relation to open space are as follows—

(a)  to maximise the provision of open space in order to provide a diverse range of settings and recreational opportunities to meet the needs of the community,

(b)  to ensure the equitable distribution of, and access to, open space and recreation facilities,

(c)  to retain, protect and promote public access to foreshore areas and provide links to existing open space,

(d)  to ensure development is compatible with any Parks Plans of Management, Landscape Plans and Bicycle Plan adopted by the Council,

(e)  to conserve and enhance the ecological role of open space, including flora and fauna diversity (including the genetic, species and ecosystem diversity of flora and fauna), habitat corridors and the potential of open space to cleanse air, water and soils,

(f)  to provide opportunities in open space for public art.

cl 24: Subst 2.4.2004.

25 Development control table: Open Space Zone

The following Table applies to development within the Open Space Zone—

Table

(1) Description of the zone

The Open Space Zone applies to open space used for both active and passive recreation in either private or public ownership. It includes land which is yet to be acquired by, or dedicated to, the Council, for public open space. Land within this zone is shown coloured green on the Zoning Map.

(2) Development allowed without development consent

Development for the purpose of—

ancillary sporting structures

open space embellishment

playgrounds

recreation areas

(3) Development allowed only with development consent

Development for the purpose of—

clubs

community facilities

community gardens

jetties

kiosks

public amenities

public transport stops

recreation facilities

Demolition
Subdivision

(4) Development which is prohibited

Any development not included in item (2) or (3).

26 General provisions for the development of land

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) Application Subclauses (3) and (4) apply to the land and relevant public authority for that land set out in the Table to this subclause.

Table

Land identified for acquisition	Relevant public authority
23 White Street, Lilyfield	Corporation established under the Act
35 White Street, Lilyfield	Corporation established under the Act
39 White Street, Lilyfield	Corporation established under the Act
22 Wisdom Street, Annandale	Corporation established under the Act
15 and 15a Hearn Street, Leichhardt	Leichhardt Municipal Council
1 and 3 Cahill Street, Camperdown	Leichhardt Municipal Council
Part of 23, 25, 29, 31, 33, 37, 39, 41, 43 and 45 Susan Street, Annandale, as shown coloured green on the Zoning Map	Leichhardt Municipal Council
Lot 101 Chester Street, Annandale	Leichhardt Municipal Council
Water Board land adjoining Johnstons Creek off Chester Street, Annandale	Leichhardt Municipal Council
9 The Crescent, Annandale	Leichhardt Municipal Council
State Rail Authority land, The Crescent, Annandale	Leichhardt Municipal Council
Part of 451–459 Glebe Point Road, Glebe, as shown coloured green on the Zoning Map	Leichhardt Municipal Council
Lot 1 DP 995083, Lot 37 DP 664777, Lot 2 DP 995083 and Lot 100 DP 850261, Wood and Hereford Streets (adjoining Orphan School Creek), Forest Lodge	Leichhardt Municipal Council

(2)    (Repealed)

(3) Development pending acquisition Until land within the Open Space Zone to which this subclause applies is acquired by the public authority concerned, development may be carried out on that land for any purpose with development consent, where the consent authority is satisfied that the development will not diminish the usefulness of the land for the purpose for which it has been zoned.

(4)  Consent is not to be granted to the carrying out of development of land to which this subclause applies, unless the Council has taken the following into consideration—

(a)  the effect of the proposed development on the costs of acquisition,

(b)  the imminence of acquisition,

(c)  the costs of reinstatement of the land for the purposes for which the land is to be acquired,

(d)  whether the proposed development will diminish the usefulness of the land for the purpose for which it has been zoned.

(5) Development near Open Space Zone boundaries Consent may be granted to the carrying out of development that is within the Open Space or Residential Zones and is within 10 metres of a boundary between those zones for any purpose for which development may be carried out either with or without development consent in the adjoining zone and on the other side of that boundary.

(6)  Consent must not be granted in accordance with subclause (5) unless the consent authority is satisfied that—

(a)  the development would not reduce the total area of land available for use as public open space, and

(b)  in the opinion of the consent authority, the carrying out of the development is desirable to achieve a better disposition of buildings and open space on the land.

(7) Parks plans of management Nothing in the Plan prevents consent from being granted to development identified in a plan of management adopted by the Council under the Local Government Act 1993 in the Open Space Zone.

cl 26: Am 2008 (571), Sch 3.103 [3] [4]; 2011 (635), Sch 1 [1]–[7].

Part 7 Community uses

27 Objectives

The objectives of the Plan in relation to community uses are to facilitate the equitable provision and improve the range, quality and distribution of community and cultural facilities and services to meet the needs of residents, workers and visitors.

cl 27: Subst 2.4.2004.

28 Development control table: Public Purpose Zone

The following Table applies to development within the Public Purpose Zone—

Table

(1) Description of the zone

The Public Purpose Zone enables land to be developed for public, community and cultural purposes. Land within this zone is shown coloured yellow on the Zoning Map.

(2) Development allowed without development consent

Development for the purpose of—

recreation areas

Exempt development

(3) Development allowed only with development consent

Development for the purpose of—

advertisements

boarding houses

car parking

child care facilities

clubs

community facilities

community gardens

depots

educational establishments

hospitals

high impact telecommunication facilities

housing for seniors or people with a disability

markets

passenger transport terminals

places of assembly

places of public worship

police facilities

public amenities

public buildings

public transport stops

recreation facilities

roads

transport depots

water-based commercial and recreational facilities

Demolition
Subdivision

(4) Prohibited development

Any development not included in item (2) or (3).

cl 28: Am 2007 (641), Sch 5.22 [3] [4].

29 Development of land within Public Purpose Zone

Consent must not be granted to the carrying out of development of land within the Public Purpose Zone unless the consent authority has taken into consideration whether—

(a)  the proposed use of the land or building concerned forms part of a wider proposal for the development of public spaces, services or facilities serving the community, and

(b)  the needs of the existing users of the facilities on the development site will continue to be met within the locality.

cl 29: Am 3.5.2002.

Part 8 Special provisions

30 Subdivision of land

Before consenting to a subdivision of land, the consent authority must consider whether the subdivision will—

(a)  provide an appropriate setting for development in terms of site areas, dimensions and amenity to satisfy the needs of future residents and businesses, and

(b)  protect the urban form, scale and density of the locality.

31 Temporary use of land

Nothing in the Plan, prevents consent from being granted to development (other than designated development) for any purpose for a maximum period of 28 days, whether or not consecutive, in any one calendar year if the consent authority is satisfied that—

(a)  the temporary purpose will not prejudice the carrying out of development on the land in accordance with the Plan, and

(b)  appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent, and

(c)  the temporary purpose will not impact unreasonably on the amenity of the adjoining and other surrounding properties.

32 Land reserved for roads

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) Acquisition of reserved land The owner of any land shown “Reservation” on the Zoning Map may request the Roads and Traffic Authority to acquire the land. The request must be in writing. On receipt of the request, the Roads and Traffic Authority must acquire the land.

(2) Development pending acquisition Until land to which this clause applies is acquired by the Roads and Traffic Authority, development may be carried out on that land for any purpose with development consent, where the consent authority is satisfied that the development will not adversely affect the usefulness of the land for the purposes for which it has been reserved.

(3)    (Repealed)

cl 32: Am 2008 (571), Sch 3.103 [5]–[7].

33 Foreshore building line

(1)  The foreshore building line is shown on the Foreshore Building Line Map as an unbroken red line.

(2)  Except as provided by subclause (3), a building must not be erected and a work must not be carried out on land between the foreshore building line and the mean high water mark.

(3)  Consent may be granted for the erection of baths, swimming pools and enclosures, boatsheds, changing rooms, jetties and sea walls on land between the foreshore building line and the mean high water mark, but only if the consent authority is satisfied that the building or work will not detract from the scenic qualities of the locality when viewed from the water.

cl 33: Am 3.5.2002.

34 Foreshore access

Consent must not be granted to development on land which could provide access to the foreshore and links to existing or proposed open spaces, unless the consent authority has taken into consideration the provision of that access.

35 Suspension of covenants, agreements and instruments

(1)  Any covenant, agreement or similar instrument which affects development allowed by the Plan does not apply to the extent necessary to allow the development.

(2)  Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)  In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before the Plan was made.

36 Additional uses and controls for certain land

Despite the other provisions of the Plan, certain sites, shown on the Zoning Map by the letters “SSP”, are subject to additional specific provisions as included in Schedule 1.

cl 36: Am 8.11.2002.

37 Classification and reclassification of public land as operational land

(1)  The public land described in the Table to this clause is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2)    (Repealed)

Table

Locality	Description
Balmain
Elliott Street	Part of Paringa Reserve, being part of Lot E, DP 36161, as identified as “Reclassification Area” on Sheet 2 of the map marked “Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map”

cl 37: Ins 3.5.2002. Am 2011 (635), Sch 1 [8].

38 Development on public roads

(1)  A person must not carry out development on a public road shown uncoloured on the Zoning Map, or part of such a road lawfully closed, without the development consent of the consent authority.

(2)  The consent authority may grant its consent under subclause (1) only for a purpose that may be carried out either with or without development consent on land adjoining that road.

(3)  Despite subclauses (1) and (2), the following development may be carried out without the consent of the consent authority on a public road shown uncoloured on the Zoning Map or part of such a road lawfully closed—

(a)  Council development for the purposes of minor improvements to footpaths, such as landscaping and repaving, drainage, street resurfacing and the reconstruction of kerbs, footpaths, gutters and the like,

(b)  exempt or complying development as described under clause 6,

(c)  development for which approval has been granted under Part 1 of Chapter 7 of the Local Government Act 1993.

cl 38: Ins 2.4.2004.

39 Development on certain land at Rozelle

(1)  This clause applies to Lot 1, DP 540118, Lot 2, DP 234045 and Lot 3, Section D, DP 119, being 118, 120 and 124 Terry Street, Rozelle (the Terry Street site).

(2)  Despite any other provision of this Plan, development consent may be granted to a single development application for development on land to which this clause applies that is both of the following—

(a)  a proposal to develop the Terry Street site in its entirety,

(b)  a proposal for development with a maximum floor space ratio of 1.5:1 for the purposes of commercial premises, light industries, refreshment rooms, residential development and shops.

(3)  Development consent must not be granted under this clause unless the consent authority is satisfied that—

(a)  a high standard of architectural and urban design appropriate to the building type and location will be achieved, with articulated height and massing providing an appropriate transition to the existing streetscape, and

(b)  the total gross floor area of the part of the development that is used for the purposes of commercial premises, shops and refreshment rooms will not exceed 1,300 square metres, and

(c)  the development will not exceed—

(i)  if a building has a street frontage on Terry Street—3 storeys in height, or

(ii)  in any other case—6 storeys in height, and

(d)  the development will minimise overshadowing of neighbouring properties on Crystal Street, and

(e)  the development will not significantly increase the amount of traffic on Terry Street, Wellington Street, Merton Street, Nelson Street or Victoria Road, Rozelle, and

(f)  those parts of the development that are not residential development will not have a significant adverse impact on local commercial centres, and

(g)  the development will provide and facilitate pedestrian and cycle access through the Terry Street site to Merton and Margaret Streets, and

(h)  the development will incorporate environmentally sustainable design principles, and

(i)  the development will include the necessary design and acoustic measures to ensure that light industries within the development, as well as any existing industrial uses on land surrounding the development, do not have a significant adverse impact on the amenity of future residents of the development, and

(j)  light industries will only be located in buildings that have a street frontage on Crystal Street.

cl 39: Ins 2012 (675), Sch 1 [1].

40 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)  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).

(7)  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.

cl 40: Ins 2019 (659), Sch 1.16.

41 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.

cl 41: Ins 2019 (659), Sch 2.16.

42 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 decoration 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.

cl 42: Ins 2020 (724), Sch 3.

43 Public bushland

(1)  The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—

(a)  preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and

(b)  preserving bushland as a natural stabiliser of the soil surface, and

(c)  preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and

(d)  preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and

(e)  mitigating disturbance caused by development.

(2)  Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.

(3)  Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—

(a)  the disturbance of the bushland is essential for a purpose in the public interest,

(b)  there is no reasonable alternative to the disturbance,

(c)  the development minimises the amount of bushland to be disturbed,

(d)  the development includes measures to remediate the disturbed bushland.

(4)  Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—

(a)  the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,

(b)  the construction, operation or maintenance of electricity or telecommunication lines,

(c)  bush fire hazard reduction,

(d)  the construction or maintenance of classified roads,

(e)  facilitating the recreational use of the public bushland.

(5)  Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—

(a)  the recreational use of the land,

(b)  bush fire hazard reduction,

(c)  the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,

(d)  the remediation of degraded public bushland.

(6)  This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.

(7)  In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—

(a)  the need to retain public bushland adjoining the site of the development,

(b)  the likely effect of the development on public bushland, including the following—

(i)  the erosion of soil,

(ii)  the siltation of streams and waterways,

(iii)  the spread of weeds and non-native plants within public bushland,

(c)  other matters the consent authority considers relevant to the protection and preservation of public bushland.

(8)  This clause does not apply to the following land that is public bushland—

(a)  land in Zone RU1, RU2, RU3, RU4 or RU5,

(b)  land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,

(c)  land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,

(d)  land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.

(9)  In this clause—

disturb public bushland means—

(a)  remove vegetation from public bushland, or

(b)  cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.

non-native plant means a plant that is not native vegetation.

public bushland means land—

(a)  on which there is vegetation that is—

(i)  a remainder of the natural vegetation of the land, or

(ii)  representative of the structure and floristics of the natural vegetation of the land, and

(b)  that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.

cl 43: Ins 2022 (629), Sch 2[3].

44 Canal estate development prohibited

(1)  Canal estate development is prohibited on land to which this Plan applies.

(2)  In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 44: Ins 2022 (629), Sch 2[4].

Schedule 1 Additional uses and controls for certain land

(Clause 36)

Part 1 Additional uses

Nothing in the Plan prevents the consent authority from granting consent to the carrying out, on land described below, of the development specified in relation to that land, subject to any conditions specified below in relation to that development—

Oil Mill Buildings, Roseberry Place, Balmain—development for the purpose of any one or more of grocery and food shops, hotels, motels or taverns, refreshment rooms or serviced apartments, subject to the following conditions—

(a)  the gross floor area used for these and any other non-residential uses on the site does not exceed 7,000 square metres,

(b)  the non-residential uses are contained within the Oil Mill group of buildings, as identified on the Zoning Map.

Terry Street, Rozelle (site known as Balmain Cove)—development for the purpose of any one or more of grocery and food shops, hotels, motels or taverns, refreshment rooms or serviced apartments, subject to the following condition—

the gross floor area used for these and any other non-residential uses on the site does not exceed 2,000 square metres.

Terry Street, Rozelle (site known as Balmain Shores)—development for the purpose of any one or more of grocery and food shops, hotels, motels or taverns, refreshment rooms or serviced apartments, subject to the following conditions—

(a)  the gross floor area used for these and any other non-residential uses on the site (excluding so much of the gross floor area of the “pump house” as is utilised for a non-residential use) does not exceed 5,000 square metres,

(b)  the non-residential uses are, in the opinion of the consent authority, located to encourage an active waterfront parkland, and

(c)  the “pump house” is utilised for a non-residential use.

Reynolds Street (corner of Buchanan Street), Balmain (part of site formerly known as Ampol), Lots 85–93 and 126–145, SP 65243—any development permissible with or without development consent within the Business Zone pursuant to clause 21.

235 Catherine Street, Lilyfield—development for the purpose of a car park.

Land known as 156–160 Bridge Road, Glebe—community purposes (including a theatre (seating no more than 175 persons), art gallery (for the display or sale of works of art), arts and crafts instruction centre, child and maternity welfare centre, community centre, place of assembly, professional office, photographic studio, refreshment room, or reception centre), subject to the following conditions—

(a)  subject to condition (b), no buildings (other than those in existence on 15 June 1984) shall be erected on the land,

(b)  condition (a) does not apply to any of the following—

(i)  the buildings and structures permissible as a result of the approval by the Minister for Planning on 13/9/1993 for development application No 148/90, and

(ii)  the buildings and structures approved by the Heritage Council on 17/1/2000 in approval 2000/S60/010, and

(iii)  the north-eastern part of the land occupied by “Hamilton” and known as No 156 Bridge Road,

(c)  subject to condition (d), the exterior of the buildings existing on the land on 15 June 1984 shall be restored to the satisfaction of the Council,

(d)  condition (c) does not apply to the building on the north-eastern part of the land, occupied by “Hamilton” and known as No 156 Bridge Road.

(e), (f)    (Repealed)

Note—

This land is subject to an order under section 129 of the Heritage Act 1977.

115 Wigram Road, Glebe—development for the purpose of dwellings at the ground floor or street level, subject to the condition that the dwellings only have frontages to Minogue Crescent (including at the corner of Wigram Road) and Alfred Road.

237 Marion Street, Leichhardt, Lot 38, DP 2041, Lot 1, DP 433797 and Lots 1 and 2, DP 1005390—development for the purpose of housing for seniors or people with a disability.

Ballast Point site, Wharf Road and Ronald Street, Birchgrove (site formerly known as the Caltex Oil facility), Lot 11, DP 792332, Lots 1–4, DP 115939, Lot 7, DP 132691, Lots 413 and 634, DP 752049 and Lots 1 and 2, DP 82593—development for the purpose of a marine refuelling facility to be situated on land between the foreshore building line and the mean high water mark, subject to the following condition—

the scale, siting and design of the marine refuelling facility is consistent with any master plan required for the land under State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries.

Part of 208–210 Norton Street, Leichhardt (Lot 1, DP 103149, Lot A, DP 914411 and Lot 3, DP 914061) and part Lots 1 and 2, Section A, 1663, Allen Street, Leichhardt, as shown coloured blue, edged heavy black and lettered “SSP” on the map marked “Leichhardt Local Environmental Plan 2000 (Amendment No 9)—Zoning Map”—development for the purpose of dwellings at the ground floor or street level, subject to the condition that the dwellings only have frontages to Allen Street.

107 Elliott Street, Balmain (Lot 1, DP 852863 and Lot 26, DP 850832) and part of Paringa Reserve, Elliott Street, Balmain (being part of Lot E, DP 36161), as identified as “SSP” and edged heavy black on Sheet 2 of the map marked “Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map”—development for the purposes of a refreshment room.

Part 2 Restriction of certain uses on specific sites

Balmain Hospital site, Palmer Street, Balmain

Before granting consent for the carrying out of development on part of Lot 1 DP 590694, off Palmer Street, Balmain, known as the Balmain Hospital site—

(a)  the consent authority must take into account the health and need to retain the Hills Weeping Fig and the two Sydney Blue Gums situated near the north eastern corner of the land and the protection of the sandstone outcrop in the north western corner of the land, and

(b)  the consent authority must be satisfied that—

(i)  no development will occur within so much of the northern portion of the land as is shown with the letters “SSP” on the Zoning Map, and

(ii)  the natural ground level at the base of the fig and eucalyptus trees will be retained to the extent of the area referred to in subparagraph (i), and

(iii)  a qualified arborist will be on site when excavation works commence so as to prevent any damage to major roots that may extend beyond the identified area, and

(c)  the consent authority must take into account the topographical limitations posed by the site by considering a detailed site analysis.

Italian Forum, Norton Street, Leichhardt

Despite any other provision in the Plan, development for the purpose of a hotel is prohibited on Lot 1–165 SP 60918 and Lot 12 DP 1005187, known as 23 and 25–27 Norton Street, Leichhardt.

Part 3 Amended controls on specific sites

Balmain Leagues Club Precinct site

(1)  For the purposes of this Part—

building height (or height of building) means the vertical distance between ground level at any point 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.

mixed use development means a building or place comprising 2 or more different land uses that are permissible in the Business Zone.

the site means the site comprising all of the following land—

(a)  138–152 Victoria Road, Rozelle (being Lot 1, DP 528045),

(b)  154–156 Victoria Road, Rozelle (being Lot 1, DP 109047),

(c)  697 Darling Street, Rozelle (being Lot 104, DP 733658),

(d)  1–7 Waterloo Street, Rozelle (being Lots 101 and 102, DP 629133, Lots 37 and 38, DP 421 and Lot 36, DP 190866),

as shown edged heavy black and lettered “SSP” on the map marked “Leichhardt Local Environmental Plan 2000 (Amendment No 16)” deposited in the office of Leichhardt Municipal Council.

(2)  Despite any other provision of this Plan (except clause 19 (6) and (7) or a provision of this Part), consent may be granted for mixed use development on the site, but only if, in the opinion of the Council, the following objectives are met—

(a)  the development integrates suitable business, office, residential, retail and other uses so as to maximise public transport patronage and encourage walking and cycling,

(b)  the development contributes to the vibrancy and prosperity of the Rozelle Commercial Centre with an active street life while maintaining residential amenity,

(c)  the development is well designed with articulated height and massing providing a high quality transition to the existing streetscape,

(d)  the traffic generated by the development does not have an unacceptable impact on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road, Rozelle,

(e)  any residential development at street level has a frontage to Waterloo Street, Rozelle and, when viewed from the street, has the appearance of no more than three storeys.

(3)  A consent under subclause (2) must not be granted if the application for the development does not apply to the whole of the site.

(4)  A consent under subclause (2) must not be granted if the development will result in any of the following—

(a)  the floor space ratio for the site exceeds 3.9:1,

(b)  the floor space ratio for all shops on the site exceeds 1.3:l,

(c)  the floor space ratio for all commercial premises on the site exceeds 0.2:l,

(d)  the floor space ratio for all clubs on the site exceeds 0.5:1,

(e)  the floor space ratio for all residential development on the site exceeds 1.9:l,

(f)  in relation to a building on the site that is less than 10 metres from Waterloo Street, Rozelle—the building height exceeds 12.5 metres above the existing road level,

(g)  in relation to a building on the site that is less than 36 metres from Darling Street, Rozelle—the building height exceeds a reduced level of 52.0 metres relative to the Australian Height Datum or exceeds two storeys,

(h)  a building height on the site exceeds a reduced level of 82.0 metres relative to the Australian Height Datum or exceeds twelve storeys.

sch 1: Am 3.5.2002; 10.5.2002; 8.11.2002; 2005 (634), Sch 1 [1]; 2006 (549), Sch 1 [1]; 2007 (641), Sch 5.22 [5]; 2008 (402), Sch 1 [1]; 2011 (635), Sch 1 [9]; 2021 (716), Sch 1.12.

Schedule 2 Heritage items

(Clause 16, Schedule 3)

Note—

“SHR” denotes that the property is listed on the State Heritage Register.

Table

Street/Suburb	Street Number	Type	Description	Location/ Additional Information	Level of Significance
Adolphus Street, Balmain	3–33	Built	Dwellings		Local
Ainsworth Street, Leichhardt	23	Built	Grenfell Cottage		Local
Albert Street, Leichhardt		Landscape	Street trees—Avenue of Brush Box		Local
Alexander Street, Balmain	3–5	Built	Semi-detached dwellings		Local
Allen Street, Leichhardt	68	Built	Congregational Church and Hall		Regional
		Landscape	Street trees—Avenue of Brush Box	Planted in carriageway	Local
Ann Street, Balmain	27	Built	Cottage		Local
Annandale Street, Annandale	33	Built	Substation		Regional
	181	Built	House		Local
	216	Built	Former shop and residence	NW cnr Wisdom Street	Local
	291–293	Built	Craiglea, shop and residence	NE cnr Rose Street	Local
	302	Built	House	SW cnr Gray Street Playground	Local
	342	Built	House		Local
	349	Built	Shop and residence	NE cnr Kentville Avenue	Local
		Landscape	Street trees	Planted in carriageway	Local
Arcadia Road, Glebe		Landscape	Street trees		Local
	7	Built	Oudenard		Local
Arundel Street, Glebe		Other	Stone retaining wall and steps, iron handle and fence and sandstone kerb on north side		State
		Landscape	Street trees—Row of Eucalyptus sp	N side	Local
Avenue Road, Glebe	2	Built	Toxteth Park, St Scholastica’s Convent	NW cnr Arcadia Road	State
	4	Built	Wych Wood		Regional
		Landscape	Street trees—Row of Brush Box	Planted in carriageway	Local
Ballast Point Road	1	Built	Lerna	N cnr Ronald Street	Regional
	25–27	Built	Tyne Villas		Regional
	29	Built	House		Local
	35–47	Built	Ellerslie Terrace		Regional
	46–56	Built	Yeroulbin Terrace	Between Dock and Bates Streets	Regional
	67	Built	House		Local
	73	Built	Clifton Villa		State
		Landscape	Trees and Reserve	Closed section of Ronald Street	Local
Balmain Road, Leichhardt	SRA site	Built	SRA Stores Branch Building, former Tram Depot Office, Tramshed, Cable Store		State
	243	Built	Rutherford		Local
Balmain Road, Rozelle	393–405	Built	Stepped Terrace House (row)	Between The Boulevard and Carrington Street	Local
Barr Street, Balmain		Landscape	Street trees—Row of Phoenix Canariensis Palms	Centre planting	Local
Bay Street, Glebe	63–65	Built	Australian Youth Hostel	N cnr Glebe Street	Regional
Bayview Crescent, Annandale		Other	Iron Palisade fence	N side of street	Local
		Landscape	Street trees—Row of Brush Box	Planted in carriageway	Local
Beattie Street, Balmain	88	Built	Two storey shopfront buildings		Local
	91–99	Built	Row of houses and shopfronts		Regional
	94	Built	Exchange Hotel	SW cnr Mullens Street	State
	141	Built	Former Mertonville Hotel	S cnr Lawson Street	Local
	147, 149, 151	Built	Two storey timber terraces, c 1870		Local
	186, 188	Built	Two corner buildings	E cnr Slade Street	Local
		Landscape	Anne Cashman Reserve	Cnr Elliot Street	Local
Beeson Street, Leichhardt	18, 20	Built	Houses	Last two S side	Local
Belmore Street, Rozelle	1–9	Built	Alice Terrace		Local
	22	Built	Corner Building	N cnr Whitcombe Street	Local
Bicentennial Park, Rozelle Bay		Built	Railway Viaduct		SHR
		Built	Bowstring Bridge		State
		Built	Substation No SPS 4		Local
		Built	Allen Truss Bridge (formerly known as Federal Road Bridge)		State
		Landscape	Federal Park		Regional
		Other	Johnston’s Creek		Regional
		Landscape	Jubilee Park		Local
		Landscape	Pope Paul VI Reserve		Local
		Landscape	Avenue of Figs	Adjacent to former Tram sheds	Local
Birchgrove Road, Balmain	29	Built	The Riverview Hotel	Cnr Birchgrove Road	Local
	33	Built	Lorne Villa		Local
	54	Built	Lilywill	W cnr Glassop Street	Local
	66–68	Built	Houses		Local
	75	Built	St Kilda	N cnr Cardwell Street	Local
	77	Built	House		Local
	79	Built	Single terrace		Local
		Built	Birchgrove Public School		State
		Built	St John The Evangelist Anglican Church	NE cnr Spring Street	Local
		Archaeological	Birchgrove Colliery	Adj Birchgrove Public School	State
Blake Street, Balmain	1	Built	Ewenton House including gatepost and fig trees		SHR
Booth Street, Annandale	1	Built	Former Melocco’s factory, showroom and offices		State
	115	Built	Post Office	Cnr Johnston Street	State
Booth Street, Balmain		Other	MBWS&S	West side of Gladstone Park	Local
	39–41	Built	Stone House		Local
		Built	Balmain Hospital		Regional
Booth Street, Camperdown	21–37	Built	Warehousing	(not Pyrmont Bridge Road)	Local
Boyce Street, Glebe	36	Built	Montana		Regional
Birchgrove Park, Balmain		Landscape	Birchgrove Park		State/ Local
Brett Avenue, East Balmain	1	Built	Single storey marine villa (with attic), 1856–60		Local
Bridge Road, Glebe			See Pyrmont Bridge Road
Bridge Street, Balmain	1	Built	House		Local
Broadway	213	Built	Former Grace Bros, Model & Moxham Store	NW cnr Bay Street	State
	285	Built	University Hall	Cnr Glebe Point Road, Glebe	State
Broderick Street, Balmain	2	Built	House		Local
	6 and 8	Built	Semi-detached houses		Local
Broughton Street, Glebe	2–24A	Built	Housing		Local
Burt Street, Rozelle	15–17	Built	Semi-detached two storey house		Local
	56	Built	Smith’s Hall	Cnr Denison and Alfred Streets	Local
Cameron Street, Balmain	31	Built	Sir William Wallace Pub	NE cnr Short Street	Local
	36	Built	Mrs Lawrence’s cnr Building	SE cnr Short Street	Local
	33–39	Built	Neighbourhood Shops	NE cnr Gipps Street	Local
Campbell Avenue, Leichhardt		Landscape	Street trees—Avenue of Brush Box	Planted in carriageway	Local
Campbell Lane, Balmain	68–70	Built	Formerly Kinsale group of houses		Local
Campbell Street, Balmain	9–11	Built	Presbyterian Church, Manse and Terrace		Local
	20, 22	Built	Single storey pair of stone houses		Local
	33	Built	House		Regional
	34–36	Built	Stone terrace houses		Local
	72	Built	House		Local
Cardigan Street, Glebe		Other	Stone paving	Between Darling Street and Darling Lane	Local
Carrington Street, Balmain		Landscape	Street trees—various species	Centre plantation and verges	Local
Catherine Street, Leichhardt	8–16	Built	Group of houses		Local
	129–141	Built	Thorby Buildings	Between Thorby and Styles Streets	Local
	214	Built	Office and residence		Local
	255	Built	Lammer-Muir		Local
		Landscape	Street trees—Row of Port Jackson Figs		Local
Charles Street, Balmain	2, 4	Built	Semi-detached houses		Local
	6	Built	Moorfield		State
Chester Street, Camperdown		Other	Kerb and gutter	End of Guithen Street	Local
Clayton Street, Balmain	42, 44	Built	Single storey pair of semi-detached weatherboard houses		Local
Clifton Street, Balmain	14	Built	House		Local
Coleridge Street, Leichhardt	1	Built	Single storey stuccoed brick house, c 1870		Local
Colgate Avenue, Balmain	1	Built	Two storey stone house (with upper floor half attic)		Local
	5–13	Built	Concertina terraces	Cnr St John Street	Regional
	22–23	Built	Colgate Palmolive buildings		Regional
College Street, Balmain	36	Built	Royal Oak Hotel	N cnr Curtis Road	Local
	90	Built	Dry Dock Hotel	W cnr Cameron Street	Local
Collins Street, Annandale	11	Built	House	NE cnr Johnston Lane	State
	13–15	Built	Agincourt	NW cnr Johnston Lane	State
	21	Built	Police Station	NW cnr Annandale Street	State
	34	Built	St Brendan’s Parish Home	SE cnr Johnston Street	Local
	36	Built	St Brendan’s Convent	SW cnr Johnston Street	Local
Coulon Street, Rozelle	5–17	Built	Houses— streetscape	East side	Local
	21	Built	House	Cnr Prosper Street	Local
Cove Street, Balmain	5–15	Built	Terrace Houses		Local
Cowper Street, Glebe	99–101	Built	Housing		Local
		Landscape	Street trees—various species		Local
Crescent Lane, Glebe	2–8	Built	Row of terrace houses	Buildings known as Cliff Terrace	Local
Curtis Road, Balmain	33–35	Built	2–3 houses, former corner shop	W cnr Thames Street	Local
	106	Built	Former corner shop	SW cnr Short Street	Local
	113	Built	Former shop and residence with original signs		Local
Darghan Street, Glebe	57A	Built	Lyndhurst		SHR
Darling Street, Balmain	10	Built	The Shipwright’s Arms	SE cnr Weston Street	State
	12	Built	Waterman’s College	SW cnr Weston Street	State
	21–31	Built	Plym Terrace, 6 houses		Regional
	26–28	Built	Stone semi-detached houses		Regional
	30–34	Built	Three terrace houses		Regional
	44–48	Built	Terrace houses		Local
	50	Built	Cahermore		Regional
		Built	Former Unity Hall Hotel	NW cnr Nicholson Street	Regional
	68	Built	House		Local
	74–80	Built	Three terrace houses and corner building		Regional
	86	Built	Glentwood		Local
	89	Built	St Mary’s Anglican Church		State
	90	Built	House and shop	SW cnr Datchett Street	Local
	141–143	Built	Small stone buildings		Regional
	147–157	Built	Buildings addressing street		State
	165, 167	Built	Single storey stone terraces, 1843	Former shopfronts	Local
	177	Built	Single storey stone house, 1844		Local
	179	Built	Watch house	E cnr Colgate Avenue	State
	214	Built	Former Volunteer Hotel	SW cnr Ann Street	Regional
	234	Built	The London Hotel	SE cnr Jane Street	Regional
	236	Built	Oddfellows Hall	SW cnr Jane Street	Regional
	238	Built	Courtyard Café		Regional
		Built/ Landscape	St Andrew’s Congregational Church/ Ficus sp	Cnr Curtis Road	State
	274	Built	Westpac Bank		Regional
	332	Built	The Working Men’s Institute		State
	368	Built	Post Office, Courthouse, Police Station		State
	363–377	Built	The Loft		Regional
	370	Built	Town Hall		State
	391	Built	Fire Station		State
	393	Built	The Manor House Restaurant		State
	449	Built	House		Regional
		Other	Post box	S side near cnr of Beattie Street	Local
		Other	War Memorial	Loyalty Square	Local
		Other	Curved stone street curb	NE cnr Beattie Street	Local
Darling Street, East Balmain	24	Built	Single storey stone house, 1841–44		Local
	40, 42	Built	Two storey pair of terraces		Local
	53	Built	Two storey stone shop and residence, 1850		Local
	55	Built	Two storey stone shop and residence, 1856		Local
	62	Built	Two storey stone commercial building, 1845	Formerly house	Local
	63	Built	Single storey stone terrace (with altered attic storey), 1844		Local
	65	Built	Single storey stone terrace (with attic storey), 1847–53		Local
	67	Built	Single storey weatherboard terrace (with attic storey), 1846–59		Local
	69, 71	Built	Two storey stone and sandstock shop and residence, pre-1850		Local
	75, 77	Built	Single storey pair of stone terraces, 1844		Local
	88	Built	Two storey stone shop and residence, 1846–55		Local
	92, 94	Built	Single storey pair of stone terraces (with attics), 1845		Local
	100	Built	Single storey weatherboard house, 1836–44		Local
	122	Built	Single storey stone house, 1846		Local
Darling Street, Glebe	53–77	Built	Public Housing		Regional
	50–70a	Built	Public Housing	(includes 62–92 Bridge Road)	Regional
Darling Street, Rozelle		Built	Rozelle Public School	To Wellington Street and Victoria Road	Regional
		Built	St Paul’s Church— Neighbourhood Centre		State
		Built	St Thomas’ Church Group		State
	608	Built	Sandstone gabled church	Primitive Methodist Church	Local
	661	Built	Bank	Formerly the Westpac Bank	Local
	678	Built	York Buildings		Regional
	707	Built	Former Police Station	NW cnr Waterloo	Regional
	731, 735	Built	Single storey Inter-War period shops	Cnr Cambridge Street	Local
	736	Built	Single storey commercial building		Local
	749	Built	Fire Brigade/ Ambulance Training Centre	Cnr Park and Oxford Streets	Local
	757	Built	House		Local
Datchett Street, Balmain	12	Built	Iver		State
	20–22	Built	Two houses		Regional
			Stone paving		Local
Datchett Street, East Balmain	4	Built	Single storey stone house, 1845–47		Local
	15, 17	Built	Two storey pair of timber terraces, c 1870s		Local
Dennison Street, Rozelle	67–69	Built	Corner store	S cnr Cheltenham	Local
	73	Built	Rotherhithe Cottage		Local
Derby Place, Glebe		Landscape	Street trees—Avenue of Camphor Laurels		Local
Derbyshire Road, Leichhardt	25	Built	SRA Tramshed		State
		Landscape	Street tree—Moreton Bay Fig		Local
Derwent Street, Glebe	7	Built	Glebe Primary School and Anzac Memorial		Local
		Landscape	Street trees—Row of Ficus Hillii		Local
Donnelly Street, Balmain		Landscape	White Bay Park		Local
Duke Place, Balmain	2	Built	Linford Lodge		State
	8–10	Built	Semi-detached houses		Local
	9	Built	House		Regional
Duke Place, East Balmain	5	Built	Two storey stone waterfront house, 1846		Local
Duke Street, Balmain	1–3	Built	Harold Place		Regional
	5–15	Built	Richmond Terrace		Regional
	33	Built	Clarenook	SE cnr Duke Place	Regional
		Landscape	Street trees—Row of Ficus Hillii	W side	Local
Duke Street, East Balmain	2	Built	Single storey timber and stone house, c 1841–49		Local
Eaton Street, Balmain		Built	Balmain Public School	Darvall Street	Regional
		Built	Fr Michael Rowan School	Jane Street	Regional
		Built	St Augustine of Hippo Church		State
		Built	St Augustine’s Chapel	(for Presbytery, see Jane Street)	State
Edward Street, Balmain	7–17	Built	Harbourview Terrace		Local
Elliot Street, Balmain	96	Built	Braeside	S cnr Broderick	Local
		Landscape	Street tree—Ficus macrophylla		Local
		Landscape	Street trees—Two Moreton Bay Figs	Glassop Street	Local
Elswick Street, Leichhardt	15	Built	Corner shop		Local
	171	Built	Elswick		Local
Emily Street, Leichhardt	22–32	Built	Row of houses		Local
Emma Street, Leichhardt	42	Built	Shop and residence	W cnr Hill Street	Local
Eric Street, Lilyfield		Landscape	Street trees—Avenue of Brush Box and one Brachychiton	Also Rayner Street and Lilyfield Road	Local
Evans Street, Balmain	8 and 10	Built	Corner building	Cnr Roseberry Street	Local
Evans Street, Rozelle	60–62	Built	Two brick buildings	S cnr Goodsir Street	Local
	75–79	Built	Stone buildings	S cnr Bruce Street	Local
	94	Built	Two storey cnr building	S cnr Mansfield Street	Local
	101–103	Built	Two brick terraces	N cnr Merton Street	Local
	206	Built	House		Local
Ewenton Park, Balmain		Landscape	Ewenton Park	Includes two fig trees	Local
Ewenton Street, Balmain	3	Built	Kinvarra	S cnr Wallace Street	State
	10	Built	Shannon Grove		Local
Fawcett Street, Balmain	14	Built	Bayview		Local
Ferris Street, Annandale	57–63	Built	Row of houses		Local
	65–71	Built	Row of houses		Local
Ferry Road, Glebe	24	Built	Rothwell Lodge		SHR
	61	Built	Mareton		Local
Fitzroy Avenue, Balmain	2–12	Built	Terrace houses	S cnr Punch Street	Regional
Flood Street, Leichhardt	212	Built	Corner shop	SW cnr Allen Street	Regional
Forsyth Street, Glebe	47–53	Built	Council depot, incinerator and stone structure		Regional
Foster Street, Leichhardt	22	Built	Former House in Lambert Park	Now a childcare centre	Regional
Foucart Street, Rozelle	84	Built	Broom factory		Local
	122	Built	Cottages		Local
Franklyn Street, Glebe		Landscape	Minogue Reserve	NW cnr Francis Street	Local
Fred Street, Rozelle	8	Built	Timber cottage		Local
Fredbert Street, Leichhardt		Landscape	Street trees—Row of three Camphor Laurels	Centre planting	Local
Gallimore Avenue, Balmain		Other	Retaining wall, steps and fence		Local
Gilchrist Place, Balmain	4	Built	House		Regional
Gladstone Street, Balmain	2–4	Built	Two small semi-detached cottages		Local
Gladstone Park, Balmain		Landscape/ Built	Park, including reservoir		Regional
Glassop Street, Balmain	6	Built	House		Local
	41–43	Built	Terraces		Local
	44–54	Built	Terraces		Local
		Built	Dawn Fraser Swimming Pool	Located adjacent to Elkington Park and includes pool and associated structures	SHR
		Landscape	Elkington Park	Cnr White Street	Regional
Glebe Street, Glebe	21–23	Built	Terraces		Local
	27–29	Built	Terraces		Local
	39–41	Built	Terrace houses		Local
	43	Built	Fernville		State
Glebe Island		Other	Glebe Island Bridge—c 1901 pivoting bridge	Including abutment	State
Glebe Point Road, Glebe		Other	Commemorative fountain	Cnr Parramatta Road, Broadway	Local
	11, 13 and 13a	Built	Shops		Local
	14, 14a	Built	Shops and residence		Local
	20	Built	Montrose	Doctor’s surgery	Local
	22	Built	Rengaya restaurant		Local
	24	Built	Two storey residence		Local
	27, 29	Built	Two storey stone terraces		Local
	33	Built	Shop		Local
	36	Built	Two storey residence	Glebe Terrace Restaurant, E cnr Derby Place	Local
	37	Built	Former Glebe Hotel	E cnr Frances Street	Local
	39–53	Built	Shops and residences		Local
	57–73	Built	Shops and residences		Local
	58–60	Built	Two storey residences		Local
	62	Built	Former Raiths Bakery		Local
	64–66	Built	Two storey residences		Local
	72–82	Built	Shops and residences		Local
	77–79	Built	Single storey residences		Local
	84	Built	Two storey building	Theatre	Local
	85–99	Built	Shops and residences		Local
	86–88	Built	Two storey residences		Local
	90	Built	Former Currency Lass Hotel		Local
	92–94	Built	Two and three storey residences	Cnr Mitchell Street	Local
	100	Built	Alishan Guest House		Local
	101–103	Built	Shops and residences		Local
	112–112a	Built	Shops and residences		Local
	113–123	Built	Shops and residences		Local
	125–129	Built	Two storey residences		Local
	118–134	Built	Houses	No 128—Calmar	Local
	138a	Built	St John’s Church, Bishopsthorpe		Local
	140	Built	Glebe War Memorial	In Foley Park SW cnr Bridge Road	Local
	142–144	Built	Two storey shops	Cnr Bridge Road (includes 144A, 144B and 144C—Swiss cottages)	Regional
	150–158	Built	Cottages		Local
	151	Built	Former Hand and Heart Hotel		Local
	153–181	Built	Two storey shops		Local
	160–160b	Built	Two storey terraces		Local
	166d	Built	Valhalla Cinema and shops	Cnr Hereford Street	Local
	168–182	Built	Two storey terraces		Local
	181a	Built	Glebe Post Office	NE cnr St John’s Road	State
	183–185	Built	Two storey shops	NW cnr St John’s Road	Local
	184	Built	Formerly St Helens	Community Care Centre	Local
	186	Built	Homeopathic Hospital	Rear Building	Local
	198–214	Built	Two storey residences		Local
	207–209	Built	Two storey residences	Thai Intra Restaurant	Local
	216–224	Built	Doctors houses		Local
	225	Built	Ancient Briton Hotel	NW cnr Bridge Road	Local
	226–228	Built	Edith Villas		Local
	232, 232b–d	Built	Two storey houses and flats		Local
	232A	Built	Mayfair Flats		Local
	234	Built	Engadine Court		State
	236–260	Built	Residences	N cnr Park Avenue	State
	251–255	Built	Shops and residences		Local
	257–287	Built	Two storey dwellings		Local
	266	Built	Monteith		SHR
	270–272	Built	Two storey houses		Local
	278–312	Built	Residences	288—Lymington N cnr Eglinton	Local
	321–327	Built	Shops and residences		Local
	329–331	Built	House		Local
	343–345	Built	Toxteth Hotel	Cnr Ferry Road	Local
	357	Built	Bidura		State
	359–361	Built	Pair of Victorian terraces		Local
	363–381	Built	Shops and residences		Local
	383–389	Built	Two storey residences		Local
	397–399	Built	Single storey houses		Local
	401–405	Built	Two storey residences		Local
	425–429	Built	Two storey terrace houses		Local
	431	Built	Factory		Local
	433–445	Built	Terraces and corner house		State
		Landscape	Foley Park	Cnr Bridge Road	Local
		Landscape	Avenue plantings of poplars various locations		Local
Gordon Street, Rozelle		Built	St Joseph’s School	Cnr Quirk and Maney Streets and Victoria Road	Regional
Grafton Street, Balmain	12B	Built	Hampton Villa		Regional
Grove Street, Balmain	17	Built	Former cnr shop	SE cnr Cameron Street	Local
	22	Built	House		Regional
	37–53	Built	8 terrace houses and corner building	Bt. Bat and Cover Streets	Regional
		Landscape	Birchgrove Park		State/ Local
Hancock Street, Rozelle	10	Built	Former tramway workshop		State/ Local
Harold Park, Glebe		Built	Tram sheds		Local
Henry Street, Leichhardt		Landscape	Street trees—Row of Brush box and one Ficus Hillii	Planted in carriageway	Local
Hereford Street, Glebe	2a, 2b	Built	Rosebank, Victoria and Alice Lamkin Welfare Centre		Local
	45	Built	Kinvarra		Local
	53	Built	Hereford House		Local
	55	Built	Kerribee NSW College of Nursing	Cnr Walsh Street	Regional
	75	Built	House		Local
	117	Built	Cottage		Local
Hill Street, Leichhardt	90	Built	House, former cnr shop	SE cnr McKenzie Street	Local
Hornsey Street, Rozelle	42	Built	Hornsey House		Local
Hosking Avenue, Balmain		Landscape	Street trees—Norfolk Island Pine, Arcaria heterophylla		Local
Hubert Street, Leichhardt	2	Built	General Store	NW cnr William Street	Local
Hutchinson Street, Annandale	1	Built	Substation— Sydney Water		Local
Hyam Street, Balmain		Landscape	Street trees—Row of Brush Box		Local
Isobel Street, Balmain		Landscape	Street trees—Row of Phoenix Canariensis	Centre plantation	Local
James Lane, East Balmain	1, 3	Built	Single storey pair of weatherboard semi-detached houses (with later additions), 1854		Local
	5	Built	Single storey brick house		Local
James Street, Leichhardt	134–136	Built	Two adjacent stone houses		Local
Jane Street, Balmain	2–6	Built	Victorian sandstone terraces		Local
	8–10	Built	Terraces		Local
	11, 13	Built	Rosebank and Cairngorm		Local
	12	Built	Victorian Gothic convent building		State
	14–16	Built	St Augustines Presbytery		State
Johnston’s Creek, Annandale		Other	Bridge at Parramatta Road		Local
Johnston Street, Annandale	1	Built	House		Local
	7	Built	House	SE cnr Albion Street	Local
	25	Built	Gates of Annandale House		Local
	25–31	Built	Annandale Public School		State
	33	Built	Norton House		Local
	35, 39, 41	Built	Residential group		State
	36	Built	House		Local
	38–40	Built	Attached houses		Local
	46	Built	Wallscourt		Local
	79	Built	Community Centre— former Council Chambers		Local
	81a	Built	Annandale Uniting Church and Victory Hall		State
		Built	St Brendan’s Church	SE cnr Collins Street	Regional
		Built	Hunter-Baillie Memorial Church	NW cnr Collins Street	State
	84	Built	House		Local
	86	Built	Flats		Local
	99–103	Built	The Colonnade		Local
	132–134	Built	Italianate villas		Local
	182	Built	Substation		Local
	198–212	Built	North Annandale Public School		State
		Other	Sandstone retaining wall and steps	Across Rose Street, E side of Johnston Street	Local
	250–272	Built	Wall and gateways		Regional
	260	Built	Kenilworth (also known as Highroyd)		State
	264	Built	Hockington		State
	266	Built	Ratho		State
	270	Built	Oybin		State
	272	Built	The Abbey		State
		Landscape	Street Trees—Brush Box		Local
Johnston Street, Balmain	12	Built	Onkaparinga		Regional
	13	Built	Captain Tinley’s House	(Excluding the rear lot)	Regional
	19	Built	Canterbury Cottage		Regional
Johnston Street, East Balmain	6, 8	Built	Single storey pair of stuccoed brick semi-detached houses, 1840s		Local
	11	Built	Single storey stone house (with modern attic), 1841–43	Formerly commercial building	Local
Leichhardt Street, Glebe	6	Built	Margaretta Cottage		Regional
	17–19	Built	House		Regional
	49	Built	Florence Villa		Regional
	51b	Built	Drayton Lodge		Regional
	53	Built	The Retreat		State
	55	Built	Bellevue		SHR
		Landscape	Blackwattle Bay Park	Includes Strides yard	Regional
	49–53	Archaeological	Strides yard—crane		Local
Leichhardt Street, Leichhardt	45	Built	Fernleigh		Local
Leys Avenue, Leichhardt		Landscape	Street trees—Brush Box plantation	Planted in carriageway	Local
Lilyfield Road		Landscape	Street trees—Avenue of Brush Box and one Brachychiton	Also Rayner and Eric Streets	Local
		Landscape	Easton Park	Cnr Burt and Denison Streets	Local
Little Edward Street, East Balmain	2, 4, 6, 8	Built	Two storey stone terrace row, 1844		Local
Little Stephen Street, Balmain		Other	Stone drain abutting 52 Palmer Street		Local
Llewellyn Street, Balmain	27a	Built	Lodge Hall		Local
		Landscape	Street trees—Brush Box and Ficus Hillii sp		Local
Lookes Avenue, East Balmain	1, 3, 5	Built	Two storey stucco terrace row, 1867		Local
	2, 4	Built	Single storey pair of semi-detached brick houses (with modern attics and additions)		Local
	9	Built	Two storey stone marine villa (with attic), c 1850	Cnr Gallimore Avenue	Local
	13	Built	Remnant of single storey pair of semi-detached houses (with attic), 1844		Local
	15	Built	Two storey stone house, 1844	Formerly Joseph Looke’s house	Local
Lords Road, Leichhardt	6–12	Built	Streetscape group	Includes 59–71, 77–79 Upward Street	Local
Louisa Road, Balmain	14	Built	Leopoldville		Local
	24	Built	Logan-Brae		Local
	44	Built	The Anchorage		Local
	65–67	Built	Former site of Birchgrove House	Includes sandstone rubble wall	Local
	76	Built	Douglas		Regional
	85	Built	Geierstein		Local
	115	Built	Carlowrie		Local
	144	Aboriginal	Raywell		SHR
		Landscape	Yurulbin Park		Regional
		Archaeological	Sydney Harbour Tunnel— Greenwich to Balmain	Cnr Numa Street	State
Mackenzie Street, Rozelle	5–19	Built	Terraces		Local
	21	Built	Former shop		Local
Macquarie Terrace, Balmain		Other	Rowntree Memorial		Local
		Landscape	Street trees—Brush Box and Palms	Centre Plantation	Local
Mansfield Street, Glebe	13	Built	Tranby		SHR
	27	Built	Emslee		Regional
Mansfield Street, Rozelle	17	Built	Bald Rock Hotel	NE cnr Rumsey Street	Local
	31	Built	Corner Building	NW cnr Smith Street	Local
	76–80	Built	Corner shop and terraces		Local
Margaret Street, Rozelle	2	Built	Balmain Power Station site— (a)  two storey stucco building, and (b)  single storey brick industrial building.	Formerly— (a)  administration building, and (b)  pump station.	State
Marion Street, Leichhardt		Built	Leichhardt Public School	SE cnr Norton Street	State
		Built	Fire Station	NW cnr Balmain Road	State
	2	Built	Former Presbyterian Church	Between Renwick and Norton Streets	Local
	6–8	Built	Semi-detached houses		Local
	82–84	Built	Semi-detached houses		Local
	90–92	Built	Semi-detached houses		Local
Marlborough Street, Leichhardt	43	Built	Corner shop and residence		Local
Mary Street, Leichhardt		Landscape	Four Fig Trees at entrance to Leichhardt Park		Local
		Landscape	Street tree—one Ficus Hillii	At Perry Street	Regional
Minogue Crescent, Glebe		Landscape		Open space along Minogue Crescent, including the Lewis Hoad Reserve	Local
Montague Street, Balmain	6	Built	Civic buildings		Local
	8	Built	Civic buildings		Local
	19	Built	Central Methodist Mission		Local
	28	Built	Balmain Co-op Society Ltd	NE cnr Llewellyn Lane	Regional
Moore Street, Leichhardt	77	Built	Shop and residence		Local
	111	Built	Factory		Local
Mort Street, Balmain	36	Built	Hall	Former Ships Painters and Dockers Union Hall	Local
	91–97	Built	Formerly the Star Hotel		Local
	101	Built	Formerly the Forth and Clyde Hotel		Regional
	107, 109	Other	Sandstone retaining wall and drainage culvert	Cnr Thames Street	Local
Mt Vernon Street, Glebe		Landscape	Street trees—Avenue of Poplars		Local
		Landscape	Street trees—Two mature Moreton Bay Figs	Cnr Catherine Street	Local
Nicholson Street, Balmain	14	Built	Araluen later Dellwood		State
		Built	Nicholson Street Public School	Cnr School Street	State
	19	Built	Townhouses		Regional
	34	Built	Mort Bay House	Access from Nicholson Street	Local
	37	Built	Waterview Workshops, former Adelaide Steamship Company building		SHR
		Landscape	Street tree—Ficus Macrophylla	End of Nicholson Street	Local
Norton Street, Leichhardt	124	Built	Two storey brick house	Cnr Marion Street (formerly tramway terminus)	Local
	126	Built	All Souls Church and Rectory	NW cnr Marion Street	Regional
		Built	Town Hall	NE cnr Marion Street	State
		Built	Former Post Office	NE cnr Wetherill Street	State
	156	Built	Royal Hotel	SW cnr Carlisle Street	Local
		Landscape	Pioneers Memorial Park, former Balmain Cemetery		Local
Numa Street, Birchgrove	7	Aboriginal	Middens, rock shelters		Local
	9	Aboriginal	Middens, rock shelters		Local
Palmer Street, Balmain	20	Built	House		Local
	36–38	Built	Houses		Local
	46	Built	House		Local
	48	Built	House		Local
	50	Built	House		Local
	52	Built	House and former shop		Local
	54	Built	Street walls		Local
	56	Built	Street walls		Local
	60	Built	House		Local
	62	Built	House		Local
	64	Built	House		Local
	94–110	Built	Terrace house row		Local
Paul Street, Balmain	2–14	Built	Eastcliff terraces		Local
	3	Built	House		Regional
	5	Built	House		Regional
Parramatta Road, Annandale	105–119	Built	Goodmans Buildings	NW Cnr Parramatta Road & Johnston Street— Includes 2–14 Johnston Street	State
Parramatta Road, Camperdown	210	Built	Former Police Station		Local
Parramatta Road, Glebe	281–285	Built	University Hall	Cnr Glebe Point Road, Glebe	State
Parramatta Road, Leichhardt	289	Built	Albert Palais— dance hall		Local
	345	Built	Bald Faced Stag Hotel	E cnr Balmain Road	Local
	393	Built	The Norton Hotel	Formerly the Imperial Hotel	Local
	463	Built	The Taverner’s Hill Hotel	W cnr Rofe Street, formerly the Elswick Hotel	Local
Paul Street, East Balmain	13	Built	Single storey stone house, 1842–44		Local
	15, 17, 19	Built	Two storey stucco terrace row, 1885		Local
Peacock Point, Balmain		Landscape	Illoura Reserve		State
Pearson Street, Balmain	4	Built	House		Local
	11	Built	Hillside House, Eastcliff, the Captain’s Cottage		Regional
	24 and 24A	Built	Houses	Formerly known as Rothsay	Local
Perry Street, Lilyfield	47	Built	House	E cnr Campbell	Local
Phillip Street, Balmain		Built	Corner buildings	E cnr Spring Street	Local
Piper Street, Annandale		Other	MWS&DB aqueduct	Crosses Annandale— includes all sections between Johnstons Creek and Whites Creek	State
		Other	War Memorial	Hinsby Reserve	Local
		Landscape	Hinsby Reserve	Centre Plantation	Local
Pyrmont Bridge Road, Camperdown	52–54	Built	Warehouse	NW cnr Booth Street	Local
Pyrmont Bridge Road, Glebe	22	Built	Greens Woolstore	Near cnr Darling Street	Local
	82–96	Built	Public housing	See also 50–70a, 53–77 Darling Street Glebe	Local
	154	Built	The Hermitage		State
	156	Built	Hamilton		State
	158	Built	Abbey Restaurant		State
	160	Built	Reussdale		SHR
	175	Built	Cottage		Local
	223a–229	Built	Victorian houses		Local
	231	Built	Forest Lodge Public School		Local
	233	Built	Briarbank		State
	272–280	Built	Terrace		Local
Queen Street, Glebe	46–48	Built	Terraces		Local
Queens Place, Balmain	1	Built	Former Post Office	Cnr Waterview Street	Regional
	5–9	Built	Three terrace houses		State
Quirk Street, Rozelle	15	Built	Large house	NW cnr Graham Street	Local
Railway Parade, Annandale		Built	Substation SPS 5	At Hutchinson Street	Local
		Landscape	Street trees—Row of Palms	Adjacent to Whites Creek	Local
		Landscape	Avenue of Phoenix Canariensis		Local
Rayner Street, Lilyfield		Landscape	Street trees—Avenue of Brush Box and one Brachychiton	Also Lilyfield Road and Eric Street	Local
Redlion Street, Rozelle	4–12	Built	Mary Terrace		Local
Reynolds Avenue, Balmain	1–7	Built	Semi-detached cottages		State
Reynolds Street, Balmain	69, 71–79	Built	Semi-detached cottages		State
	100–104	Built	Former Unilever Administration building	Between Hyam and Foy Streets	State
		Landscape	Street trees—Row of Brush Box		Local
Rose Street, Birchgrove	2–8	Built	Semi-detached cottages		Local
Roseberry Street, Balmain	5–7	Built	Unilever Oil Mill group of buildings	Includes The Copra Store, The Oil Mill Building, The Engineers Store, The Electricians Shop and The Vim Building	State
Ross Street, Glebe	1	Built	Warehouse		Local
Rowntree Street, Balmain	40	Built	House		Regional
	45	Built	Shop building	Cnr of Curtis Road, former shop and residence, now Dental Surgery	Local
	127–135	Built	Neighbourhood shops	SE cnr Cameron Street— includes the former Waterview Hotel	Local
	137	Built	Shop and residence	NE cnr Cameron Street	Local
	165	Built	Corner shop	NE cnr Bay Street	Local
	177–211	Built	Row housing		Regional
	235	Built	House		Local
Rozelle Hospital, Callan Point		Aboriginal	Middens, rock shelters, occupation sites		SHR
		Archaeological	European relief rock carvings		SHR
		Landscape	Indigenous vegetation		SHR
Rozelle Hospital, Rozelle		Built	Rivendell	Former Broughton Hall	SHR
		Built	Former Gary Owen House	Writer’s centre	SHR
		Built	Kirkbride Block	College of the Arts	SHR
		Built	The Lodge	Main entrance gates Balmain Road	SHR
		Built	Wards 14, 14x and 15		SHR
		Built	Bonny View	Cottage	SHR
		Built	Rehabilitation and Industrial Therapy Unit		SHR
		Built	Moodie Street Cottage		SHR
		Built	Tree Tops	Residential Quarters	SHR
		Built	Recreation Activities Building 92A	Bayview Complex	SHR
		Archaeological	Rock carvings	Bayview Complex	SHR
		Landscape	Hospital grounds		SHR
Ryan Street, Leichhardt	60–62	Built	Kay’s Corner	E cnr of lane	Local
School Street, Balmain	2	Built	Kaikoura	Cnr Gallimore Avenue	Regional
Short Street, Leichhardt	1	Built	Leichhardt Hotel	N cnr Balmain Road	Local
Simmons Street, Balmain		Landscape	Simmons Point Reserve		Local
Simmons Street, East Balmain	13	Built	Two storey Italianate waterfront mansion, 1884	On Simmons Point	Local
Smith Street, Balmain	31–41	Built	Terrace		Local
	44	Built	School	Formerly the Smith Street Public School	Local
	73	Built	Providence		Regional
	75	Built	Flats		Local
Spring Street, Balmain	2	Built	Single storey weatherboard marine villa	Cnr Short Street	Local
St Andrew Street, Balmain	1	Built	Two storey stucco terrace, c 1850		Local
	14	Built	Two storey stone terrace, 1844		Local
St John Street, Balmain	3, 5	Built	Two storey pair of stucco terraces, 1849–53		Local
St Johns Road, Glebe		Built	Police station	NE cnr Talfourd Street, also known as 1–3 Talfourd Street	State
		Built	Courthouse and stone cottage	NW cnr Talfourd Street	State
		Built	St John’s Bishopsthorpe	NW cnr Glebe Point Road	State
	73	Built	Fire station		Regional
	75	Built	St John’s Village		State
	132	Built	St John’s Parish Hall	E cnr Derwent Street	State
	160	Built	Glebe Town Hall, Chambers and residence		State
	162–170	Built	Nag’s Head Hotel and row of shops		Regional
	189	Built	Former Rehoboth Primitive Methodist Church and Hall		Local
	204–206	Built	Pair of shops	Cnr Ross St	Local
	242	Built	House		Local
		Other	Horse Trough	Cnr Glebe Point Road	Local
St Marys Street, East Balmain	14, 16	Built	Two storey pair of stuccoed stone terraces (with upper floor half attic), 1864		Local
	18	Built	Two storey weatherboard house (with upper floor half attic), c 1870	Cnr Weston Street	Local
Stack Street, Balmain	7	Built	Wood-Lee Villa		State
Stephen Street, Balmain	4	Built	Formerly The Pacific Hotel	SE cnr Gladstone Street	Local
	31–33	Built			Local
Tebbutt Street, Leichhardt		Built	Kegworth Primary School	Between Lords Road and Kegworth Street	State
Thames Street, Balmain	4	Built	Christian Bros High School		Regional
	7–11	Built	Three terrace houses		Local
	13	Built	Montrose		Regional
	40	Other	Sandstone retaining wall and drainage culvert	Cnr Mort Street	Local
		Built	Wharf	Mort Bay	State
The Avenue, Annandale	1	Built	House		Local
	3	Built	House		Local
The Crescent, Annandale		Other	Sandstone Retaining Wall	W side between Johnston and View Streets	Local
Thomas Street, Balmain	1	Built	Glenarvon		Regional
Toxteth Road, Glebe	2, 4	Built	Ambleside and Wycombe		Regional
	9	Built	Toxteth Lodge	W cnr on Avenue Road	State
	19	Built	Former Methodist Church and Hall (now childcare centre)		Local
	40	Built	The Scheibner Centre	W cnr Bell Street	Regional
		Landscape	Street trees—Avenue of Ficus Hillii and Plane Trees	Central and footpath planting	Local
Trafalgar Street, Annandale	39–41	Built	Edwinville		State
	43–47	Built	Former Beales Piano Factory	Extends to Nelson Street	Local
	49	Built	House		Local
	55	Built	Shop and residence	SE cnr Collins Street	Local
	233	Built	Houses		Local
	235	Built	House	Known as Wrens Nest	Local
	245	Built	House		Local
	268	Built	Shop and residence	NW cnr Rose Street	Local
Trouton Street, Balmain	1–7	Built	Four terrace houses		Local
	19	Built	The Old Place (two storey sandstone house)	Known as Campbell Lane (off Campbell Street) (waterfront)	Local
	25, 27	Built	Two storey pair of semi-detached stone houses (with corner shop)	Cnr Thames Street	Local
Union Street, Balmain	17	Built	House		Local
	18–20	Built	Pair of semi-detached houses		Local
		Other	Stepped walkway		Local
Upward Street, Leichhardt	59–71	Built	Houses— streetscape group	Includes 8–12 Lords Road	Local
	77–79	Built	Houses— streetscape group	Includes 8–12 Lords Road	Local
Victoria Road, Glebe	2	Built	Sze Yup Chinese Temple		SHR
Victoria Road, Rozelle	46	Built	Church	St Josephs Church	Local
	76	Built	Former Tower of London Hotel		Local
	114	Built	Mechanics Institute		Local
	128–132	Built	York Buildings	SW cnr Darling Street	Regional
Vincent Street, Balmain	7	Built	The Grange	W cnr Waite Avenue	Regional
	14	Built	Ardenlea		Local
Wallace Street, Balmain	1	Built	House		Local
	2	Built	Puiri		Local
	4	Built	Clontarf	E cnr Adolphus Street	Local
Waterview Street, Balmain	3	Built	Two storey stone house (with upper floor half attic), 1844		Local
	6	Built	Single storey stone house, pre-1850		Local
	8	Built	Single storey stone house, pre-1850		Local
	12	Built	Two storey early weatherboard house, c 1850	Set well back right-of-way	Local
	16–22	Built	Timber houses		Regional
	27	Built	Single storey stone house, 1844–45		Local
	46	Built	Balmoral House		State
	47	Built	Joldwen	NE cnr Caroline Street	Local
	49	Built	Regimbah		Regional
	70	Built	Single storey marine villa (with attic and modern dormers), 1842–44		Local
Wells Street, Balmain	1–15	Built	Yeend’s Terrace		Regional
	2	Built	House		SHR
Wentworth Park, Glebe		Other	Railway Viaduct		SHR
		Landscape	Parkland, excluding stadium		Regional
		Landscape	Avenue of Morton Bay figs		Regional
Wentworth Park Road, Glebe	62	Built	Two-storey industrial building “Brelco”		Local
Westmoreland Street, Glebe		Landscape	Street trees—Avenue of Ficus and Plantanus sp		Local
Weston Street, East Balmain	2–8	Built	Fenwick and Co boatshed		SHR
Wetherill Street, Leichhardt	1a	Built	Methodist Central Hall		Regional
	23–25	Built	Pair of attached houses		Local
Wharf Road, Balmain	7	Built			Local
	7A	Built	(Boatshed only)		Local
	8	Built	Bremer House	E cnr Lemm Street	Local
	13, 13a	Built	House		Local
	19 and 19A	Built	House and Stannard’s marina		Local
	21	Built	Normanton		Local
	23	Built	Maybank		Local
	25, 25a, 25b	Built	Wyoming		State
	31	Built			Local
	33–35	Built	Simla and Oneida		State
	34–36	Built	Exeter Villas later Lynworth and Glendon		Local
	39	Built	Ravenscourt		Regional
	43	Built	Clovernook	House, Artists Studio and Summer house	State
		Landscape	R.M. Brownlee Reserve		Local
Wharf Road, Birchgrove	6	Built	Single storey weatherboard house		Local
	20	Built	Single storey brick house		Local
	22	Built	Two storey stucco Italianate marine villa		Local
Wharf Road and Ronald Street, Birchgrove		Built	Ballast Point (former Caltex Oil facility)	Thirty items of significance (comprising plant and equipment of the former Caltex Oil facility) as shown on Sheets 422–452 of the Leichhardt Inventory of Heritage Items, a copy of which is held at the office of the council.	State
White Street, Balmain	8	Built	Bishopsthorpe		Regional
	18	Built	Tilba Tilba		Local
Wigram Road, Glebe	11a, 15, 17	Built	Minerva Terrace		Local
		Landscape	Kirsova Playground		Local
William Street, Balmain	4–6	Built	Terrace houses		Regional
	18	Built	House		Regional
	25–31	Built	Semi-detached houses		Local
William Street, East Balmain	10	Built	Two storey stone waterfront house, c 1850		Local
William Street, Leichhardt	100–102	Built	Semi-detached houses		Local
Woolley Street, Glebe		Built	St James RC Church and Presbytery		Local
Wortley Street, Balmain		Landscape	Punch Park		Local
York Place, Rozelle	2–16	Built	York Buildings		Local
York Street, Glebe		Other	MWS and DB brick vent stack		Regional
Young Street, Annandale	81	Built	Shop and residence		Local

sch 2: Am 3.5.2002; 2.4.2004; 8.4.2004; 2005 (634), Sch 1 [2]; 2007 (348), Sch 1 [1] [2]; 2009 (90), Sch 1 [1]–[40]; 2009 No 56, Sch 2.32; 2011 (635), Sch 1 [10] [11].

Schedule 3 Glossary

(Clause 8)

Aboriginal site means a place with physical evidence of Aboriginal occupation or a place at which no such physical evidence remains but which the Aboriginal community has identified as being culturally important.

Adaptable housing unit has the same meaning as class B adaptable housing unit has in Australian Standard AS 4299—1995Adaptable housing.

Adaptation means modifying a building or place to suit proposed compatible uses.

Advertisement means a display by the use of symbols, messages or other devices for promotional purposes or for the conveying of information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work not specifically defined elsewhere in the Plan.

Advertising panel means billboards, multi-sheet posters and the like, but does not include hoarding for a construction site.

Airport means an area or place which is or is intended for public or private use for the landing, taking off, or parking of aeroplanes or seaplanes. It includes ancillary—

(a)  terminals and areas for the assembly of passengers or goods, and

(b)  buildings for the parking, housing, servicing, maintenance or repair of aircraft.

Alter, in relation to a heritage item or to a building or work within a conservation area, means—

(a)  the making of structural changes to the outside of the heritage item, building or work, or

(b)  the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including maintenance.

Amenity means the enjoyment of the environment, whether by the community as a whole or by an individual, arising from the day to day use of property, including dwellings or publicly accessible land, community facilities or open space, and includes, but is not limited to, the enjoyment of—

(a)  sunlight, privacy and views, and

(b)  residential and community life free from nuisance arising from the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, or arising otherwise.

Amusement centre means a building used primarily for the purpose of providing amusement machines for operation or viewing by the public.

Amusement machine means a machine devised for entertainment, amusement or recreation, whether coin or token operated or not, and which is—

(a)  mechanically or electronically operated, and

(b)  operated by one or more participants,

and includes snooker and pool tables.

Ancillary sporting structure means structures such as goal posts, sight screens and the like, located in public parks or recreation areas, but does not include lighting, or buildings which accommodate people such as grandstands or public amenities.

Archaeological site means a site listed as such in Schedule 2 and identified on the Heritage Conservation Map.

Backpacker hostel means a building or part of a building primarily used to provide accommodation for travellers, tourists or persons engaged in recreational pursuits but is not used as their principal place of residence, and does not include a building or place elsewhere defined in this Schedule.

Bed and breakfast accommodation means a dwelling which—

(a)  provides temporary overnight accommodation for the short-term traveller, and

(b)  offers at least breakfast, and

(c)  provides no more than two double rooms for let, and

(d)  does not contain facilities in rooms for the preparation of meals by guests, and

(e)  is operated and managed by the person who normally resides in the dwelling.

Boarding house means a building that is let in lodgings and which primarily provides lodgers with a principal place of residence for three months or more and generally has shared facilities such as a communal bathroom, kitchen or laundry and has rooms with one or more lodgers. It does not include a backpacker hostel, serviced apartments, a motel, private hotel or a building elsewhere defined in this Schedule.

Boatshed means a building or other structure that is not wider than one-third of the water frontage of the allotment on which it stands and not wider than 4 metres, that has a side wall height of not more than 3 metres, and that is used in association with a dwelling for the storage and routine maintenance of a boat or boats.

Brothel means premises used for the purpose of prostitution. Premises constitute a brothel even though used by only one prostitute.

Bulk store means a building or place used for the bulk storage of goods where the goods are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

Bulky goods retailing means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require—

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

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

but does not include a building or place used for a motor showroom or for the sale of foodstuffs or clothing.

Car park means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not.

Caravan park means land used for the siting of caravans, recreational vehicles, tents, portable dwellings, holiday cabins and the provision of amenities and utilities for permanent or non-permanent residents.

Child care facility means a building or place used for the purpose of supervising or caring for children (such as a service of the kind provided at centres for long day care, child minding, pre-school or occasional care, or a multi-purpose child care or neighbourhood centre) which—

(a)  caters for 6 or more children up to 12 years old, and

(b)  may include an educational function, and

(c)  may be used for the hourly care of infants to enable their carer to participate in short-term activities, and

(d)  may operate for the purpose of gain, and

(e)  is not home based,

but does not include home based child care.

Club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.

Commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place used for a purpose elsewhere specifically defined in this Schedule.

Community facility means a building or place which may provide for the physical, social, cultural or intellectual development or welfare of the local community and may comprise or relate to any one or more of the following—

(a)  a public library,

(b)  public health services,

(c)  rest rooms,

(d)  meeting rooms,

(e)  indoor recreation,

(f)  child minding,

(g)  a youth facility,

(h)  any other like place or use,

but does not include a building or place elsewhere defined in this Schedule.

Community garden means land used and managed communally for the purpose of cultivating fruit, vegetable or flower crops for community purposes, being either shared or individually owned land.

Conservation means all the processes of looking after a place so as to retain its cultural significance, including maintenance, and may, according to the circumstances, include preservation, restoration, reconstruction or adaptation and a combination of more than one of these.

Conservation area means an area shown edged green on the Heritage Conservation Map.

Conservation Management Plan means a document prepared in accordance with the provisions of the NSW Heritage Manual that establishes the 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.

Contaminated land means land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land, and that poses or is likely to pose an immediate or long-term risk to human health or the environment.

Council means Leichhardt Municipal Council.

Demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.

Density area means land shown as a density area by heavy black edging on the Density Map.

Density Map means the map marked “Leichhardt Local Environmental Plan 2000—Density Map”.

Depot means a building or place used for the storage, repair, servicing or garaging (but not sale) of plant, machinery, vehicles, goods or materials used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere defined in this Schedule.

Development has the same meaning as in the Act.

Diverse housing means development that provides a range of dwelling sizes that increases the supply and choice of housing in the local government area.

Drive-in take-away food shop means premises used primarily to sell ready to eat hot food to be consumed off the site, and with provision on the site for its collection by private motor vehicles.

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.

Ecologically sustainable development means development which uses, conserves and enhances the community’s resources so that ecological processes on which life depends are maintained and the total quality of life, now and in the future, can be increased.

Educational establishment means a building, or buildings, used as a school, college, technical college, TAFE establishment, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as a child care facility.

Enrichment, in relation to nuclear material, means any process by which the proportion of an isotope is increased in relation to the natural abundance of the isotope.

Exhibition home means an unoccupied dwelling available for public inspection and used for display purposes.

Extractive material means sand, gravel, clay, turf, soil, rock, stone or a similar substance.

Fabric means the physical material of a heritage item or place.

Floor means that space within a building which is situated between one floor level and the next floor level above or, if there is no floor above, the ceiling or roof above.

Floor space ratio means the ratio of the gross floor area of a building to the site area of the land on which the building is erected.

Foreshore Building Line Map means the map marked “Leichhardt Local Environmental Plan 2000—Foreshore Building Line Map”.

Generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy from non-renewable resources.

Gross floor area means the total area of a building’s floorplates, measured between the outer edges of the outside walls or the centre line of any party wall, and includes mezzanines, attics, internal car parking spaces, garages, lofts and studios. It does not include projections outside the external walls of the building, paved areas, voids or basements used for car parking, where the car parking area does not protrude more than 1 metre above ground level.

Ground level means the level of the ground at 24 October 2000.

Group home has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

Health care premises means premises forming part of, or attached to or within the curtilage of, a dwelling comprised of not more than 3 consulting rooms, being rooms that are—

(a)  used only by legally qualified medical practitioners, or other health care professionals, who practise the profession of medicine, dentistry or health care, respectively, in them, and

(b)  used by not more than 3 such persons in total who employ a total of not more than 3 employees at any one time in connection with all of the practices.

Health care professional means a person who renders professional health care services to members of the public and includes—

(a)  a podiatrist registered under the Podiatrists Act 1989, and

(b)  a chiropractor or osteopath registered under the Chiropractors and Osteopaths Act 1991, and

(c)  a physiotherapist registered under the Physiotherapists Registration Act 1945, and

(d)  an optometrist registered under the Optometrists Act 1930, and

(e)  a dentist with the meaning of the Dentists Act 1989.

Helipad means an area or place not open to public use which is set apart for the taking off and landing of helicopters.

Heliport means an area or place open to public use for use by helicopters and includes ancillary terminal buildings and facilities for parking, servicing and repair of helicopters.

Heritage Conservation Map means the map marked “Leichhardt Local Environmental Plan 2000 Heritage Conservation Map Issued June 2003”, as amended by the maps (or sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

Leichhardt Local Environmental Plan 2000 (Amendment No 4)—Heritage Conservation Map

Leichhardt Local Environmental Plan 2000 (Amendment No 12)—Heritage Conservation Map

Leichhardt Local Environmental Plan 2000 (Amendment No 13)—Heritage Conservation Map

Leichhardt Local Environmental Plan 2000 Amendment No 18—Heritage Conservation Map

Heritage impact statement means a statement to demonstrate that the heritage significance of the relevant item, property or relic has been established, assess the impact that the proposed development will have on its significance and identify the measures which are proposed to minimise this impact, and is—

(a)  prepared in accordance with the provisions of the publication “Statements of Heritage Impact” published by the Heritage Office and the Department of Urban Affairs and Planning, and

(b)  in the case of a place of Aboriginal heritage significance, prepared in accordance with any guidelines for the time being notified to the Council by the Director-General of National Parks and Wildlife, and

(c)  in the case of a place of non-Aboriginal archaeological significance, prepared in accordance with the publication “Archaeological Assessments” published by the Heritage Office and the Department of Urban Affairs and Planning.

Heritage item means a building, work, relic, tree or place identified in Schedule 2 as a heritage item or shown as such on the Heritage Conservation Map.

Heritage significance means historic, scientific, aesthetic, social, cultural, archaeological, architectural or natural significance.

High impact telecommunication facility means a facility that is not defined in the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth, made under the Telecommunications Act 1997 of the Commonwealth, and includes the following—

(a)  overhead telecommunication lines, and

(b)  a telecommunication tower that is not attached to a building, and

(c)  a telecommunication tower attached to a building and more than 5 metres high, and

(d)  an extension to a telecommunication tower that has previously been extended, and

(e)  an extension to any other telecommunication tower, if the extension is more than 5 metres high, and

(f)  any telecommunication facility on the site of a heritage item.

High technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—

(a)  electronic or micro-electronic systems, goods or components,

(b)  information technology (such as computer software or hardware),

(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,

(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,

(e)  film, television or multi-media technologies, including any post production systems, goods or components,

(f)  telecommunications systems, goods or components,

(g)  sustainable energy technologies,

(h)  any other goods, systems or components intended for use in a science or technology related field,

but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note—

High technology industries are a type of light industry—see the definition of that term in this Glossary.

Home based child care means the use of a dwelling for the provision of child care under the Family Day Care and Home Based Child Care Services Regulation 1996.

Home based employment means a business carried out in a dwelling or within an allotment that is the site of a dwelling, but only if—

(a)  the business is undertaken by the permanent residents, and

(b)  no, or not more than two, non-residents are employed at the premises at any one time in addition to the permanent residents, and

(c)  the business does not interfere with amenity, in particular because of traffic movement, parking demand and working hours, and

(d)  the business does not require provision of any essential service main of a greater capacity than that available in the locality.

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—

Home industries are a type of light industry—see the definition of that term in this Glossary.

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, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals), and includes—

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors,

(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use,

(c)  a medical centre,

(d)  a health clinic,

(e)  any such building or place within a corrective or reformative establishment,

(f)  a nursing home,

(g)  a special needs home.

Hotel means premises, including a tavern, specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982, whether or not the premises provide accommodation.

Housing for seniors or people with a disability means residential accommodation intended to be used permanently as housing for the accommodation of seniors or people with a disability as defined in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and includes ancillary facilities.

Industry means—

(a)  any manufacturing, production, assembly or research process, or

(b)  the breaking up or dismantling of any goods or any article for trade, sale or gain or ancillary to any business, or

(c)  the winning of extractive material,

but does not include a light industry.

Jetty means a small pier or wharf, but does not include a building or structure elsewhere defined in the Plan.

Junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles, or other scrap materials or goods, or used for collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.

Kiosk means a structure used for the provision of food and drink for the refreshment of users of the open space in which it is situated. That use must be secondary to the principal use of the open space.

Landscape plan means a plan prepared for a site showing plantings, paving and other details of outdoor areas of the site. Vegetation species, numbers, size and location are to be specified in the plan along with details of all external finishes and colours proposed for any buildings erected or intended to be erected on the site.

Landscaped area means the part of a site area at ground level—

(a)  not occupied by any building above or below ground, and

(b)  not overhung by part of a building with a clearance of less than 2.4 metres,

and used for recreation, lawns, gardens and substantial planting. It does not include balconies, driveways and parking areas, but includes decks where they have a direct connection to ground level and are no higher than 500mm above ground level.

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, 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.

Liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

Local shop means a shop having a gross floor area used for retail purposes not exceeding 60 square metres that is used principally for the provision of convenience goods and services for the benefit of occupants of the immediate locality and includes a milk bar, newsagent, video library, laundrette and the like, but does not include a refreshment room.

Low impact telecommunication facility means a facility as defined in the Telecommunications (Low-impact Facilities Determination 1997 of the Commonwealth, made under the Telecommunications Act 1997 of the Commonwealth.

Maintenance means protective care of the fabric, contents and setting of a heritage item, and includes the painting of previously painted surfaces, but does not include repairs that involve restoration or reconstruction.

Marine refuelling facility means a depot, building, wharf or place for the storage, distribution and sale of petrol, oil, petroleum or other fuels and water to vessels and may include an integrated sewerage pump-out system, but does not include a marina.

Markets means the use of land on a temporary basis for the purpose of selling goods or providing services, but does not include a land use elsewhere defined in this Schedule.

Motel means a building or buildings (other than a hotel, boarding house, bed and breakfast accommodation, backpacker hostel or private hotel) primarily used for the overnight accommodation of travellers and their vehicles, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

Motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed there.

Nuclear facility means a building or place that is—

(a)  a facility for the conversion of uranium ore into uranium hexafluoride or any other chemical in order to enable its enrichment, or

(b)  an isotope separation plant or other facility for the enrichment of nuclear material, or

(c)  a fabrication plant or other facility for transforming nuclear material into a form suitable for use as fuel in a nuclear reactor, or

(d)  a nuclear reactor, whether or not designed for the purpose of generating electricity, or

(e)  a reprocessing plant or other facility for the chemical separation of fuel that has been irradiated in a nuclear reactor, or

(f)  a separate storage installation for the storage or disposal of any nuclear material (including radioactive waste material) in the nuclear fuel cycle, being nuclear material used in or resulting from use of any of the facilities described in paragraphs (a)–(e).

It does not include a building or place used for the storage or disposal of any radioactive waste material resulting from the use of nuclear material or the transportation of nuclear material for medical or medical research purposes or any other purpose authorised under the Radiation Control Act 1990.

Nuclear fuel cycle includes any process or step in the utilisation of material capable of undergoing nuclear fission, including its ultimate disposal.

Nuclear material means any radioactive substance associated with the nuclear fuel cycle, including fertile and fissile material, spent fuel and waste.

Nuclear reactor means a device designed to produce controlled nuclear fission.

Open space embellishment means structures such as picnic tables, seats, bins, community notice boards and the like, located in public parks and recreation areas.

Operational land means land that is classified as operational land under Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993.

Passenger transport terminal means any building or place used as a terminal for the assembly and dispersal of passengers travelling by any form of passenger transport, including any required facilities for parking, manoeuvring, storage or routine servicing of any vehicle.

Persons with special needs means the homeless, aged or young persons, single parents, ex-offenders, persons undergoing rehabilitation, persons requiring refuge, convalescing persons, persons with disabilities, the infirm or the incurable.

Place means a site, and includes a building or work, or a group of buildings or works, situated on or at the site.

Place of assembly means a building or place used for functions, conferences, theatre, cinema, concerts or dances or for any other similar use, and whether used for the purpose of gain or not, but does not include a place of public worship or an educational establishment.

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.

Playground means an area of land specifically allocated for the use by children for play. It includes equipment and facilities on the land used for that purpose and may be owned or run privately or publicly.

Police facilities means any building, structure or place required for the carrying out of usual police business.

Port uses means the use of land or buildings in connection with the carrying of goods or persons by water for business or commercial purposes and for which a direct connection with the waterfront is essential.

Potential archaeological site means a site known to the consent authority to have archaeological potential even if it is not so identified and shown on the Heritage Conservation Map.

Preservation means maintaining the fabric of a place in its existing state and retarding deterioration.

Principal place of residence means the permanent home of a person. It does not include the temporary domicile of a person who is travelling or on a working holiday.

Private hotel means a hotel used primarily for short-term residential purposes which is not licensed under the Liquor Act 1982 and does not include a building or place elsewhere defined in this Schedule.

Public amenities means toilets, showers, change rooms or the like for use by the public.

Public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council, Australia Post or an organisation established for public purposes.

Public transport stop means a building or place used for the assembly and dispersal of passengers travelling by public transport.

Railway purposes includes light rail purposes.

Reconstruction means returning a place as nearly as possible to a known earlier state and is distinguished by the introduction of materials (old or new) into the fabric.

Recreation area means—

(a)  an area used for sporting activities or sporting facilities, or

(b)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—

(i)  the Council, or

(ii)  a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,

but does not include a club, racecourse or a showground or other place elsewhere defined in this Schedule.

Recreation facility means a building or place used for indoor or outdoor recreation, or a table tennis centre, squash court, swimming pool, gymnasium, health studio or bowling alley, or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a place of assembly.

Refreshment room means a building or place, the principal use of which is the provision of food to people for consumption on the premises, and includes a restaurant, café, tea room, eating house or the like, but does not include a kiosk.

Relic means any deposit, object or material evidence relating to the use or settlement, not being Aboriginal settlement, of the land to which the Plan applies and which is 50 or more years old.

Residential development means development for the purpose of bed and breakfast accommodation, boarding houses, boatsheds, dwellings, exhibition homes, group homes, home based employment or housing for seniors or people with a disability.

Restoration means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material.

Road means a way open to the public for the passage of vehicles, persons and animals, including—

(a)  any bridge, tunnel, causeway, road-ferry, ford, street, lane, pathway, footpath, cycleway, nature strip, crossing, by-pass, thoroughfare and trackway, or other work or structure forming part of the road, and

(b)  the airspace above the surface of the road, and

(c)  the soil beneath the surface of the road.

Service station means a building or place used for the fuelling of motor vehicles or the repair and servicing of motor vehicles, whether or not the building or place is also used for any one or more of the following purposes—

(a)  the sale by retail of petrol, oil and other petroleum products and spare parts and accessories for motor vehicles,

(b)  washing and greasing of motor vehicles,

(c)  installation of motor vehicle accessories.

Serviced apartment means a building or part of a building containing two or more dwellings which are cleaned and serviced by the owner or manager of the building or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a building or place elsewhere defined in this Schedule.

Sex shop means a shop in which articles primarily associated with sexual activities are sold.

Shop means a building or place used for selling, whether by retail or auction, or hiring.

Site analysis means a concept plan that identifies development opportunities and constraints offered and imposed by the site, the potential impact of proposed development on surrounding sites, and the setting of the site.

Site area means the total area of an allotment or allotments which comprises or comprise the proposed development site. It does not include any area of land that is—

(a)  less than 3.5 metres in width, and

(b)  primarily used for access.

Smash repairs means carrying out repairs to motor vehicles or agricultural machinery which involves panel beating, spray painting and body building.

Special needs home means a dwelling that is—

(a)  used to provide accommodation for the purpose of relief or rehabilitation for persons with special needs, whether or not those persons are related, and

(b)  a household environment for persons with special needs, and

(c)  occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care, with or without payment for board and lodging being required.

Subdivision has the same meaning as in the Act.

Swimming enclosure means a place within a body of water, whether tidal or otherwise, which is enclosed by a fence to provide a safe bathing area.

The Act means the Environmental Planning and Assessment Act 1979.

Timber yard means a building or place used for the cutting, processing or storage of timber from logs or baulks.

Transport depot means a building or place used for servicing, repair or garaging of vehicles used for transporting the public.

Veterinary facility 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 purposes of treatment. It may also provide short-term accommodation for domestic pets.

Warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in retail trade or industrial activity.

Water-based commercial and recreational facility means a commercial use of a building associated with the servicing, temporary mooring, launching and storage of boats used for recreation or associated with other water-based recreational pursuits.

Youth facility means a building or place specifically designed for use by youths for recreation, meetings or education, and may include administration facilities and amenities for the youth and supervisors or co-ordinators, but does not include any other building or place elsewhere defined in the Plan.

Zoning Map means the map marked “Leichhardt Local Environmental Plan 2000 Zoning Map Issued April 2003”, as amended by the maps (or sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

Leichhardt Local Environmental Plan 2000 (Amendment No 9)—Zoning Map

Leichhardt Local Environmental Plan 2000 (Amendment No 12)—Zoning Map

Leichhardt Local Environmental Plan 2000 (Amendment No 16)—Zoning Map

Leichhardt Local Environmental Plan 2000 (Amendment No 17)—Zoning Map

Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map

Leichhardt Local Environmental Plan 2000 Amendment No 19—Zoning Map

sch 3: Am 3.5.2002; 10.5.2002; 8.11.2002; 2.4.2004; 8.4.2004; 2005 (634), Sch 1 [3] [4]; 2006 (549), Sch 1 [2]; 2007 (348), Sch 1 [3]; 2007 (641), Sch 5.22 [6]–[8]; 2008 (402), Sch 1 [2]; 2009 (44), cl 4; 2009 (90), Sch 1 [41]; 2011 (635), Sch 1 [12] [13]; 2012 (675), Sch 1 [2]–[4]; 2020 (637), Sch 1.2.