Table Of Contents

Canada Bay Local Environmental Plan 2013

Part 1 Preliminary
1.1   Name of Plan
This Plan is Canada Bay Local Environmental Plan 2013.
1.1AA   Commencement
This Plan commences 14 days after it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Canada Bay in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2)  The particular aims of this Plan are as follows—
(aa)  to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a)  to create a land use framework for controlling development in Canada Bay that—
(i)  allows detailed provisions to be made in any development control plan made by the Council, and
(ii)  is consistent with the Canada Bay Local Strategic Planning Statement adopted by the Council on 15 October 2019,
(b)  to maintain and enhance the existing amenity and quality of life of the local community by providing for a balance of development that caters for the housing, employment, entertainment, cultural, welfare and recreational needs of residents and visitors,
(c)  to achieve high quality urban form by ensuring that new development reflects the existing or desired future character of particular localities,
(d)  to promote sustainable transport, reduce car use and increase use of public transport, walking and cycling,
(e)  to provide high quality open spaces and a range of recreational facilities,
(f)  to conserve the environmental heritage of Canada Bay,
(g)  to promote ecologically sustainable development,
(h)  to facilitate public access to foreshore land.
cl 1.2: Am 2021 (89), Sch 1[1].
1.3   Land to which Plan applies
(1)  This Plan applies to the land identified on the Land Application Map.
(1A)    (Repealed)
cl 1.3: Am 2014 (298), Sch 1 [1].
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a)  approved by the local plan-making authority when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA)    (Repealed)
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note—
The following local environmental plans are repealed under this provision—
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
cl 1.8: Am 2014 (298), Sch 1 [2].
1.8A   Savings provision relating to development applications
(1)  If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
(2)  If a development application has been made before the commencement of Canada Bay Local Environmental Plan 2013 (Amendment No 15) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
(3)  If a development application has been made, but not finally determined, before the commencement of Canada Bay Local Environmental Plan 2013 (Amendment No 20), the application must be determined as if that Plan had not commenced.
Note—
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2018 (531), Sch 1 [1]; 2019 (621), Sch 5[1]; 2022 (512), Sch 1[1].
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
cl 1.9: Am 2014 (298), Sch 1 [3]; 2022 (72), Sch 1.14.
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Business Zones
B1 Neighbourhood Centre
B3 Commercial Core
B4 Mixed Use
B6 Enterprise Corridor
B7 Business Park
Industrial Zones
IN1 General Industrial
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C2 Environmental Conservation
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone—
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part—
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
2.9   Canal estate development prohibited
(1)  Canal estate development is prohibited on land to which this Plan applies.
(2)  In this Plan, canal estate development means development that involves—
(a)  a constructed canal, or other waterway or waterbody, that—
(i)  is inundated by surface water or groundwater movement, or
(ii)  drains to a waterway or waterbody by surface water or groundwater movement, and
(b)  the erection of a dwelling, and
(c)  one or both of the following—
(i)  the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii)  excavation to create a waterway.
(3)  Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a)  carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b)  limited to the minimum reasonable size and capacity.
(4)  In this clause—
flood planning area has the same meaning as in clause 5.21.
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2016 (167), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (531), Sch 1 [2]; 2019 (621), Sch 3; 2021 (89), Sch 1[2]; 2021 (644), Sch 1[1] [2]; 2022 (314), Sch 1.
Zone R1   General Residential
1   Objectives of zone
•  To provide for the housing needs of the community.
•  To provide for a variety of housing types and densities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Group homes; Hostels; Information and education facilities; Jetties; Light industries; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Schools; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Water recycling facilities
4   Prohibited
Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Rural workers’ dwellings; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Group homes; Health consulting rooms; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Schools; Semi-detached dwellings; Tank-based aquaculture; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Environmental facilities; Exhibition homes; Group homes; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential accommodation; Respite day care centres; Roads; Schools; Seniors housing; Tank-based aquaculture; Water recycling facilities
4   Prohibited
Rural workers’ dwellings; Shop top housing; Any other development not specified in item 2 or 3
Zone R4   High Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a high density residential environment.
•  To provide a variety of housing types within a high density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Environmental facilities; Exhibition homes; Exhibition villages; Local distribution premises; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Shop top housing; Water recycling facilities; Water supply systems
4   Prohibited
Any other development not specified in item 2 or 3
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•  To provide for services and employment opportunities within walking distance of residential housing.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Hotel or motel accommodation; Light industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hospitals; Industrial training facilities; Industries; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Pond-based aquaculture; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Sewage treatment plants; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wholesale supplies
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Water supply systems; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures
Zone B6   Enterprise Corridor
1   Objectives of zone
•  To promote businesses along main roads and to encourage a mix of compatible uses.
•  To provide a range of employment uses (including business, office, retail and light industrial uses).
•  To maintain the economic strength of centres by limiting retailing activity.
•  To provide for residential uses, but only as part of a mixed use development.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Business premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Residential flat buildings; Roads; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Sewage treatment plants; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone B7   Business Park
1   Objectives of zone
•  To provide a range of office and light industrial uses.
•  To encourage employment opportunities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To encourage the erection of buildings suited to development requiring large floor areas, and to discourage small scale uses unless they are of an ancillary or service nature.
•  To facilitate public access throughout the zone.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Centre-based child care facilities; Food and drink premises; Garden centres; Hardware and building supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places of public worship; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Public administration buildings; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
•  To ensure that works are compatible with and protect the biodiversity values of the natural environment.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
•  To facilitate public access to and along the foreshore.
•  To conserve public open space that enhances the scenic and environmental quality of Canada Bay.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Biosolids treatment facilities; Boat sheds; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
•  To conserve private open space that enhances the scenic and environmental quality of Canada Bay.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Biosolids treatment facilities; Boat sheds; Car parks; Community facilities; Environmental facilities; Flood mitigation works; Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone C2   Environmental Conservation
1   Objectives of zone
•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Environmental facilities; Information and education facilities; Jetties; Oyster aquaculture; Roads; Water recreation structures
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja)  land that is in Zone E2 Environmental Conservation,
(jb)  land identified as “Environmentally Sensitive Land” on the Environmentally Sensitive Land Map.
cl 3.3: Am 2018 (531), Sch 1 [3].
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,
(b)  to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c)  to ensure that lot sizes and dimensions are able to accommodate development,
(d)  to maintain visual amenity and character of the area,
(e)  to retain residential amenity through the provision of suitable landscaped areas and vehicular access.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(3A)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
(4)  This clause does not apply in relation to the subdivision of any land—
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 2021.
4.1AA   Minimum subdivision lot size for community title schemes
[Not adopted]
4.1AB   Minimum lot sizes for multi dwelling housing (terraces)
(1)  The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
(2)  This clause applies to land in the following zones—
(a)  Zone R1 General Residential,
(b)  Zone R3 Medium Density Residential,
(c)  Zone R4 High Density Residential.
(3)  Despite any other provision of this Plan, development consent must not be granted for the subdivision of land on which multi dwelling housing (terraces) is erected, or proposed to be erected, unless each resulting lot is at least—
(a)  225m2, and
(b)  6m wide at the front building line.
cl 4.1AB: Ins 2022 (512), Sch 1[2].
4.1A   Minimum lot sizes for certain dwellings
(1)  The objective of this clause is to achieve planned residential density in certain zones.
(2)  Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 if—
(a)  the area of the lot is equal to or greater than the area specified in Column 3, and
(b)  the width of the lot at the front building line is equal to or greater than the width specified in Column 4.
(3)  Despite subclause (2), development consent may be granted for development for the purposes of dual occupancies (detached) on a lot that is at least 14m wide at the front building line if—
(a)  the lot is a corner lot or a parallel road lot, and
(b)  each dwelling fronts, and can be accessed from, a different road.
Column 1
Column 2
Column 3
Column 4
Dual occupancies (attached)
Zone R1, Zone R2, Zone R3
450m2
14m
Dual occupancies (detached)
Zone R1, Zone R2, Zone R3
800m2
17m
Multi dwelling housing, other than multi dwelling housing (terraces)
Zone R1, Zone R3
800m2
20m
Multi dwelling housing, other than multi dwelling housing (terraces)
Zone R4
1,500m2
20m
Residential flat buildings, other than manor houses
Zone R1, Zone R3
800m2
20m
Residential flat buildings, other than manor houses
Zone R4
1,500m2
20m
Boarding houses, other than development involving the change of use to a boarding house
Zone R2
800m2
20m
Multi dwelling housing (terraces)
Zone R1, Zone R3
600m2
18m
Multi dwelling housing (terraces)
Zone R4
1,500m2
18m
Manor houses
Zone R1, Zone R3
600m2
18m
cl 4.1A: Subst 2021 (89), Sch 1[3].
cl 4.1A: Am 2022 (512), Sch 1[3] [4].
4.2   Rural subdivision
[Not applicable]
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure that buildings are compatible with the height, bulk and scale of the desired future character of the locality and positively contribute to the streetscape and public spaces,
(b)  to protect the amenity of residential accommodation, neighbouring properties and public spaces in terms of—
(i)  visual and acoustic privacy, and
(ii)  solar access and view sharing,
(c)  to establish a transition in scale between medium and high density centres and adjoining lower density and open space zones to protect local amenity,
(d)  to ensure that buildings respond to the natural topography of the area.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
(3)  Despite subclause (2), the maximum height for a building on an internal lot in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential is 5.4m.
cl 4.3: Am 2021 (89), Sch 1[4]; 2022 (512), Sch 1[5].
4.3A   Exceptions to height of buildings in Five Dock Town Centre
(1)  The objectives of this clause are as follows—
(a)  to encourage the consolidation of certain land in the Five Dock Town Centre,
(b)  to encourage the provision of a pedestrian walkway.
(2)  The height of a building on land identified as “Area 1” on the Height of Buildings Map may exceed the maximum height shown for the land on that map if—
(a)  the height of the building does not exceed 24 metres, and
(b)  the building has a site area of at least 1,000 square metres, and
(c)  the building has a street frontage of at least 20 metres.
(3)  The height of a building on land identified as “Area 2” on the Height of Buildings Map may exceed the maximum height shown for the land on that map if—
(a)  the height of the building does not exceed 15 metres, and
(b)  the lots comprising the land are consolidated into a single lot, and
(c)  the development will include a pedestrian walkway that is at least 4 metres wide across the land comprising 1 East and 2 West Streets, Five Dock, being Lots 1 and 12, Section 2, DP 7680.
cl 4.3A: Ins 2016 (521), Sch 1 [1].
4.3B   Exception to height of buildings for land at 63–69 Victoria Road, Drummoyne
(1)  This clause applies to land at 63–69 Victoria Road, Drummoyne, being Lot 10, DP 625084.
(2)  The height of a building on the land may exceed the maximum height shown for the land on the Height of Buildings Map if—
(a)  the height of the building does not exceed 20 metres, and
(b)  the building has a site area of at least 2,500 square metres.
cl 4.3B: Ins 2020 (230), cl 5(1).
4.3C   Exception to height of buildings for secondary dwellings and dual occupancies
Despite clause 4.3, development consent must not be granted for development for the purposes of secondary dwellings or dual occupancies if—
(a)  for a secondary dwelling in a building separate from the building containing the principal dwelling—the building containing the secondary dwelling—
(i)  is more than 5.4m in height, and
(ii)  does not have a street frontage, and
(b)  for a secondary dwelling attached to the principal dwelling—the part of the building containing the secondary dwelling—
(i)  is more than 5.4m in height, and
(ii)  does not have a street frontage, and
(c)  for a dual occupancy (detached)—the building containing the dwelling—
(i)  is more than 5.4m in height, and
(ii)  does not have a street frontage, and
(d)  for a dual occupancy (attached)—the part of the building containing the dwelling—
(i)  is more than 5.4m in height, and
(ii)  does not have a street frontage.
cl 4.3C: Ins 2022 (512), Sch 1[6]. Subst 2022 (736), cl 4.
4.3D   Exception to height of buildings for multi dwelling housing (terraces)
(1)  This clause applies to land in the following zones—
(a)  Zone R1 General Residential,
(b)  Zone R3 Medium Density Residential,
(c)  Zone R4 High Density Residential.
(2)  Despite clause 4.3, development consent may be granted for development for the purposes of multi dwelling housing (terraces) on land to which this clause applies if the consent authority is satisfied that the development will not result in a building that—
(a)  exceeds 9m in height,
(b)  has a third storey or attic that includes habitable spaces other than bedrooms,
(c)  projects higher than an incline plane that—
(i)  starts at the front building line at 7m above ground level (existing), and
(ii)  extends upwards in the direction of the land’s rear boundary at an angle of 45°,
(d)  projects higher than an incline plane that—
(i)  starts at the rear building line at 7m above ground level (existing), and
(ii)  extends upwards in the direction of the land’s front boundary at an angle of 45°.
cl 4.3D: Ins 2022 (512), Sch 1[6].
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to ensure that buildings are compatible with the bulk, scale, streetscape and desired future character of the locality,
(b)  to provide a suitable balance between landscaping and built form,
(c)  to minimise overshadowing of, and loss of privacy to, neighbouring properties,
(d)  to maximise solar access and amenity for public places,
(e)  to manage the visual impact of development when viewed from public places, including the Parramatta River.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
(2A)  Despite subclause (2), the maximum floor space ratio for multi dwelling housing or a residential flat building on land identified as “Area 1” on the Floor Space Ratio Map is 0.7:1 if the land—
(a)  is not land that comprises, or on which there is, a heritage item or a draft heritage item, or
(b)  is not within a heritage conservation area or a draft heritage conservation area.
(2B)    (Repealed)
(2C)  Despite subclause (2), the maximum floor space ratio for a building on land identified as “Area 2” on the Floor Space Ratio Map with a site area within the range specified in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table—
Column 1
Column 2
Site area
Floor space ratio
< 1,000 square metres
2.0:1
1,000 square metres–1,500 square metres
2.25:1
> 1,500 square metres–2,000 square metres
2.5:1
> 2,000 square metres–2,500 square metres
2.75:1
> 2,500 square metres–3,000 square metres
3.0:1
> 3,000 square metres–3,500 square metres
3.25:1
> 3,500 square metres
3.5:1
(2D)  Despite subclause (2), the maximum floor space ratio for a building on land identified as “Area 3” on the Floor Space Ratio Map with a site area within the range specified in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table—
Column 1
Column 2
Site area
Floor space ratio
< 1,000 square metres
2.0:1
1,000 square metres–1,250 square metres
2.25:1
> 1,250 square metres–1,500 square metres
2.5:1
> 1,500 square metres–2,000 square metres
2.75:1
> 2,000 square metres
3.0:1
(2E)  Despite subclause (2), the maximum floor space ratio for development that is used for the purposes of commercial premises, light industries or vehicle repair stations on land identified as “Area 4” on the Floor Space Ratio Map must not exceed 1:1.
(2F)  Despite subclause (2), the maximum floor space ratio for development (other than for the purpose of a dwelling house or a semi-detached dwelling) on land identified as “Area 5” on the Floor Space Ratio Map with a site area of 1,000 square metres and a street frontage of at least 20 metres is 2.7:1 if the consent authority is satisfied that the development—
(a)  is designed to be compatible with the desired future character of the area and with the height, bulk, scale, massing and modulation of surrounding buildings, and
(b)  has a form and external appearance that will improve the quality and amenity of the public domain, such as new pedestrian connections and open space, and
(c)  promotes the sharing of view corridors, and
(d)  relates appropriately to surrounding heritage items, and
(e)  minimises environmental impacts such as overshadowing, wind and reflectivity, and
(f)  incorporates the principles of ecologically sustainable development, and
(g)  encourages the use of public transport, walking and cycling, and
(h)  achieves excellence in urban design, while relating to the local context.
(2G)  Despite subclause (2), the maximum floor space ratio for development on land identified as “Area 6” on the Floor Space Ratio Map with a site area of at least 2,500 square metres is 2.25:1.
cl 4.4: Am 2016 (521), Sch 1 [2]; 2020 (230), cl 5(2); 2021 (89), Sch 1[5]; 2022 (512), Sch 1[7].
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area—
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If—
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless—
(a)  the consent authority is satisfied that—
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning Secretary must consider—
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include all of these zones.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following—
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(caa)  clause 5.5,
(ca)  clauses 6.4 and 6.5,
(cb)  clauses 6.9 and 6.10.
(cc)  clauses 7.3 and 7.8.
cl 4.6: Am 2018 (157), Sch 1 [1]; 2021 (644), Sch 1[3].
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone R3 Medium Density Residential and marked “Local road”
Council
Zone R4 High Density Residential and marked “Local road”
Council
Zone B6 Enterprise Corridor and marked “Local road”
Council
Zone SP2 Infrastructure and marked “Local road”
Council
Zone R4 High Density Residential and marked “Classified road”
Transport for NSW
Zone B4 Mixed Use and marked “Classified Transport for NSW Road”
Transport for NSW
Zone R3 Medium Density Residential and marked “Classified Transport for NSW Road”
Transport for NSW
Zone RE1 Public Recreation and marked “Classified Transport for NSW Road”
Transport for NSW
Note—
When this Plan was made it did not include all of these zones.
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2014 (298), Sch 1 [4]–[6]; 2021 (644), Sch 1[4]; 2022 (842), Sch 1[1].
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land—
(a)  identified on the Land Reservation Acquisition Map and specified in Column 1 of the table to this clause, and
(b)  that has not been acquired by the relevant authority of the State specified for the land in the table to clause 5.1.
(3)  Development consent must not be granted to development on land to which this clause applies other than development for a purpose specified opposite the land in Column 2 of the table.
Column 1
Column 2
Land
Development
Zone B4 Mixed Use and marked “Classified Transport for NSW Road”
Roads
Zone R3 Medium Density Residential and marked “Classified Transport for NSW Road”
Roads
Zone RE1 Public Recreation and marked “Classified Transport for NSW Road”
Roads
cl 5.1A: Ins 2022 (842), Sch 1[2].
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres.
(3)  This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
Note—
When this Plan was made it did not include all of these zones.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a)  43% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.
(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a)  60 square metres,
(b)  43% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  43% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.28 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to allow minor architectural roof features to exceed height limits,
(b)  to ensure that any architectural roof feature does not cause an adverse visual impact or adversely affect the amenity of neighbouring properties,
(c)  to ensure that architectural roof features are considered in the design of a building and form an integral part of a building’s design.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a)  the architectural roof feature—
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7   Development below mean high water mark
(1)  The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9   Dwelling house or secondary dwelling affected by natural disaster
[Not adopted]
5.9AA   (Repealed)
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows—
(a)  to conserve the environmental heritage of Canada Bay,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following—
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development—
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development—
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
[Not applicable]
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or conservation zones
[Not applicable]
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
[Not applicable]
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of—
(i)  pond-based aquaculture in Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause—
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
5.20   Standards that cannot be used to refuse consent—playing and performing music
(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a)  the playing or performance of music, including the following—
(i)  the genre of music played or performed, or
(ii)  whether the music played or performed is live or amplified, or
(iii)  whether the music played or performed is original music, or
(iv)  the number of musicians or live entertainment acts playing or performing, or
(v)  the type of instruments played,
(b)  whether dancing occurs,
(c)  the presence or use of a dance floor or another area ordinarily used for dancing,
(d)  the direction in which a stage for players or performers faces,
(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.
(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3)  In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.
5.21   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3)  In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4)  A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5)  In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual(ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
5.22   Special flood considerations
[Not adopted]
5.23   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,
(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 5.23: Ins 2022 (629), Sch 2[1].
5.24   Farm stay accommodation
[Not adopted]
5.25   Farm gate premises
[Not adopted]
Part 6 Additional local provisions
6.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works where both of the following criteria are met—
(a)  the works involve the disturbance of less than 1 tonne of soil,
(b)  the works are not likely to lower the watertable.
6.2   Earthworks
(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.
(2)  Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.
(3)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b)  the effect of the development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
6.3   Environmentally sensitive land
(1)  The objective of this clause is to protect environmentally sensitive land by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to the following land—
(a)  land in Zone E2 Environmental Conservation,
(b)  land identified as “Environmentally Sensitive Land” on the Environmentally Sensitive Land Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have—
(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  any adverse impact on the habitat elements providing connectivity on the land, and
(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
cl 6.3: Am 2018 (531), Sch 1 [4]; 2021 (89), Sch 1[6] [7].
6.4   Limited development on foreshore area
(1)  The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.
(2)  Development consent must not be granted for development on land in the foreshore area except for the following purposes—
(a)  the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area,
(b)  the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,
(c)  boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other recreation facilities (outdoors).
(3)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied that—
(a)  the development will contribute to achieving the objectives for the zone in which the land is located, and
(b)  the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and
(c)  the development will not cause environmental harm such as—
(i)  pollution or siltation of the waterway, or
(ii)  an adverse effect on surrounding uses, marine habitat, wetland areas, fauna and flora habitats, or
(iii)  an adverse effect on drainage patterns, and
(d)  the development will not cause congestion or generate conflict between people using open space areas or the waterway, and
(e)  opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(f)  any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained, and
(g)  in the case of development for the alteration or rebuilding of an existing building wholly or partly in the foreshore area, the alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore, and
(h)  sea level rise or change of flooding patterns as a result of climate change has been considered.
(4)  In deciding whether to grant consent for development in the foreshore area, the consent authority must consider whether and to what extent the development would encourage the following—
(a)  continuous public access to and along the foreshore through or adjacent to the proposed development,
(b)  public access to link with existing or proposed open space,
(c)  public access to be secured by appropriate covenants, agreements or other instruments registered on the title to land,
(d)  public access to be located above mean high water mark,
(e)  the reinforcing of the foreshore character and respect for existing environmental conditions.
(5)  In this clause—
foreshore area means the land between the foreshore building line and the mean high water mark of the nearest natural waterbody shown on the Foreshore Building Line Map.
foreshore building line means—
(a)  the line that is landward of, and at the distance specified on the Foreshore Building Line Map from, the mean high water mark of the nearest natural waterbody shown on that map, or
(b)  if no distance is specified, the line shown as the foreshore building line on that map.
6.5   Active street frontages
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages.
(2)  This clause applies to land identified as “Active street frontage” on the Active Street Frontages Map.
(3)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(4)  Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following—
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicular access.
(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of amusement centres, centre-based child care facilities, commercial premises, community facilities, educational establishments, entertainment facilities, function centres, industrial retail outlets, information and education facilities, light industries, medical centres, mortuaries, public administration buildings, recreation facilities (indoor), registered clubs or veterinary hospitals.
cl 6.5: Am 2017 (493), Sch 1.2 [2]; 2021 (644), Sch 1[5]; 2022 (842), Sch 1[3].
6.6   Residential accommodation in Zone B6
(1)  The objective of this clause is to ensure a high level of residential amenity for residents in close proximity to Parramatta Road.
(2)  This clause applies to land in Zone B6 Enterprise Corridor.
(3)  Development consent must not be granted to the erection of, or a change of use to, residential accommodation that is within 20 metres of Parramatta Road and on land to which this clause applies unless the consent authority has considered whether—
(a)  reasonable residential amenity for residents will be provided, having regard to noise, vibration, odour and air quality, and
(b)  direct access to natural ventilation is provided for all residential units at all times.
6.7   Location of sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—
(i)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—
(i)  that adjoins the land on which the premises will be located, or
(ii)  that can be viewed from the land on which the premises will be located, or
(iii)  from which a person can view the land on which the premises will be located.
cl 6.7: Am 2017 (493), Sch 1.2 [1].
6.8   (Repealed)
cl 6.8: Ins 2018 (157), Sch 1 [2]. Rep 2021 (225), Sch 1
6.9   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the development of land wholly or partly for residential purposes to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Despite all other provisions of this Plan, development consent must not be granted for development for the purposes of residential accommodation (whether as part of a mixed use development or otherwise) in an intensive urban development area that results in an increase in the number of dwellings in that area, unless the Secretary has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to the land on which the development is to be carried out.
(3)  This clause does not apply to development on—
(a)  land in an intensive urban development area if all or part of the land is in a special contributions area, or
(b)  land identified as “Burwood-Concord Precinct”, “Homebush North Precinct” or “Kings Bay Precinct” on the Key Sites Map.
(4)  In this clause and clause 6.10—
intensive urban development area means the area of land identified as “Intensive Urban Development Area” on the Intensive Urban Development Area Map.
cl 6.9: Ins 2018 (157), Sch 1 [2]. Am 2022 (842), Sch 1[4] [5].
6.10   Public utility infrastructure
(1)  Development consent must not be granted for development on land in an intensive urban development area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(3)  In this clause—
public utility infrastructure, in relation to an intensive urban development area, includes infrastructure for any of the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
cl 6.10: Ins 2018 (157), Sch 1 [2].
6.11   Mix of dwelling sizes in residential flat buildings and mixed use development
(1)  The objectives of this clause are as follows—
(a)  to ensure the provision of a mix of dwelling types in residential flat buildings and provide housing choice for different demographics, living needs and household budgets,
(b)  to promote development that accommodates a range of household sizes.
(2)  This clause applies to development for the following purposes that results in at least 10 dwellings—
(a)  residential flat buildings,
(b)  mixed use development that includes shop top housing.
(3)  Development consent must not be granted to development to which this clause applies unless—
(a)  at least 20% of the dwellings, to the nearest whole number of dwellings, in the development will be studio or 1 bedroom dwellings, and
(b)  at least 20% of the dwellings, to the nearest whole number of dwellings, in the development will have at least 3 bedrooms.
cl 6.11: Ins 2021 (89), Sch 1[8].
6.12   Affordable housing
(1)  This clause applies to development on land in an affordable housing contribution area that involves—
(a)  the erection of a new building with a gross floor area of more than 200 square metres, or
(b)  alterations to an existing building that will result in the creation of more than 200 square metres of gross floor area that is intended to be used for residential purposes, or
(c)  the demolition of existing floor area and the subsequent creation, whether for the same or a different purpose, of more than 100 square metres of gross floor area.
(2)  The consent authority may, when granting development consent to development to which this clause applies, impose a condition requiring a contribution equivalent to the applicable affordable housing levy contribution for the development specified in subclauses (2A)–(6A).
(2A)  The affordable housing levy contribution for development in Area 4 is 3.5% of the relevant floor area that exceeds the floor space achieved by applying a floor space ratio of 1.76:1.
(3)  The affordable housing levy contribution for development in the following affordable housing contribution areas is 4% of the relevant floor area—
(a)  the Burwood affordable housing contribution area,
(b)  the Homebush affordable housing contribution area, except for 3 King Street, Concord West and 176–184 George Street, Concord West,
(c)  the Kings Bay affordable housing contribution area.
(4)  The affordable housing levy contribution for development on land at 3 King Street, within the Homebush affordable housing contribution area, is 5% of the relevant floor area that exceeds the floor space achieved by applying a floor space ratio of 0.5:1.
(5)  The affordable housing levy contribution for development on land at 176–184 George Street, Concord West, within the Homebush affordable housing contribution area, is 5% of the relevant floor area that exceeds the floor space achieved by applying a floor space ratio of 1.0:1.
(6)  The affordable housing levy contribution for development in the following affordable housing contribution areas is 5% of the relevant floor area—
(a)  the 160 Burwood Road Concord affordable housing contribution area,
(b)  the Rhodes East affordable housing contribution area.
(6A)  The affordable housing levy contribution for development on land in the Rhodes West affordable housing contribution area, except for Area 4, is 5% of the relevant floor area that exceeds the floor space achieved by applying the maximum floor space ratio that was shown for the land on the Floor Space Ratio Map immediately before the commencement of this subclause.
(7)  A condition imposed under this clause must provide for the affordable housing levy contribution to be satisfied—
(a)  by dedication in favour of the Council of land comprising—
(i)  1 or more dwellings, each having a gross floor area of not less than 50 square metres, with any remainder paid as a monetary contribution to the Council, or
(ii)  other land approved by the Council in accordance with the Affordable Housing Contributions Scheme, with any remainder paid as a monetary contribution to the Council, or
(b)  if the person chooses, by monetary contribution paid to the Council.
(8)  The rate at which a dedication of land or monetary contribution is taken to be equivalent to the relevant floor area for the purposes of the affordable housing levy contribution is to be calculated in accordance with the Affordable Housing Contributions Scheme.
(9)  To avoid doubt—
(a)  it does not matter whether the floor area, to which a condition under this clause relates, was in existence before, or is created after, the commencement of this clause, or whether the floor area concerned replaces an existing area, and
(b)  the demolition of a building, or a change in the use of land, does not give rise to a claim for a refund of an affordable housing contribution.
(10)  In this clause—
affordable housing contribution area means the following areas shown on the Affordable Housing Contribution Scheme Map—
(a)  Burwood affordable housing contribution area,
(b)  160 Burwood Road Concord affordable housing contribution area,
(c)  Homebush affordable housing contribution area,
(d)  Kings Bay affordable housing contribution area,
(e)  Rhodes East affordable housing contribution area,
(f)  Rhodes West affordable housing contribution area.
Affordable Housing Contributions Scheme means the Affordable Housing Contributions Scheme adopted by the Council on 18 August 2020.
Area 4 means the land identified as “Area 4” on the Additional Local Provisions Map.
relevant floor area of a building means the gross floor area of the building that is to be used for residential purposes excluding the floor area that is—
(a)  to be used to provide affordable housing or public housing, or
(b)  to be used for community facilities, schools, public roads or public utility undertakings, or
(c)  on land in Zone IN1 General Industrial.
cl 6.12: Ins 2021 (89), Sch 1[8]. Am 2021 (644), Sch 1[6]–[10].
6.13   Development in areas subject to aircraft noise
(1)  The objectives of this clause are as follows—
(a)  to prevent certain noise sensitive developments from being located near the Kingsford Smith Airport and its flight paths,
(b)  to assist in minimising the impact of aircraft noise from the airport and its flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,
(c)  to ensure that land use and development in the vicinity of the airport do not hinder or have other adverse impacts on the ongoing, safe and efficient operation of that airport.
(2)  This clause applies to development that—
(a)  is on land near the Kingsford Smith Airport and in an ANEF contour of 20 or greater, and
(b)  the consent authority considers is likely to be adversely affected by aircraft noise, and
(c)  involves one or more of the following—
(i)  the erection of a new building,
(ii)  a substantial alteration or addition to an existing building,
(iii)  an alteration or addition to a building that is required by a development consent to be compliant with AS 2021:2015,
(iv)  the change of use of part of a building to a centre-based child care facility, educational establishment, entertainment facility, health services facility, place of public worship, public administration building or residential accommodation,
(v)  the change of use of part of a building on land that is in an ANEF contour of 25 or greater to business premises, a hostel, office premises, retail premises or tourist and visitor accommodation,
(vi)  the change of use of part of a building on land that is in an ANEF contour of 30 or greater to light industry.
(3)  Before determining a development application for development to which this clause applies, the consent authority—
(a)  must consider whether the development will result in the creation of a new dwelling, or an increase in the number of dwellings or people, affected by aircraft noise, and
(b)  must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021:2015, and
(c)  must be satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021:2015.
(4)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the Kingsford Smith Airport prepared by the Department of the Commonwealth responsible for airports.
AS 2021:2015 means AS 2021:2015, Acoustics—Aircraft noise intrusion—Building siting and construction.
cl 6.13: Ins 2021 (89), Sch 1[8].
6.14   Design excellence
(1)  The objective of this clause is to deliver the highest standard of sustainable architecture and urban design.
(2)  This clause applies to development—
(a)  on land identified as “Design Excellence Area” on the Design Excellence Map, and
(b)  involving the erection of a new building, or external alterations to an existing building, that—
(i)  is higher than 12m or 3 storeys, or both, or
(ii)  will be as a result of the development.
(3)  Development consent must not be granted to development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(4)  In considering whether the development exhibits design excellence, the consent authority must have regard to the matters specified in clause 7.2(3).
(5)  Development consent must not be granted to development to which this clause applies that involves a building higher than 28m or 8 storeys, or both, unless—
(a)  an architectural design competition is held in relation to the development, and
(b)  the consent authority takes into account the results of the architectural design competition.
(6)  Subclause (5) does not apply if—
(a)  the NSW Government Architect certifies in writing that an architectural design competition is not required, and
(b)  a design review panel reviews the development, and
(c)  the consent authority takes into account the findings of the design review panel.
(7)  In this clause—
architectural design competition means a competitive process conducted in accordance with the draft Government Architect’s Design Excellence Competition Guidelines published by the NSW Government Architect in May 2018.
design review panel means a panel of 3 or more persons—
(a)  established by the consent authority for the purposes of this clause, and
(b)  approved by the NSW Government Architect.
cl 6.14: Ins 2022 (842), Sch 1[6].
Part 7 Rhodes Precinct
pt 7: Ins 2021 (644), Sch 1[11].
7.1   Objectives of Part
The objectives of this Part are as follows—
(a)  to achieve the highest standard of architectural and urban design in the Rhodes Precinct by ensuring that new development exhibits design excellence, including excellence in sustainably managing the environmental impact of the development on existing and future populations,
(b)  to allow for a mix of land uses that will—
(i)  provide an appropriate balance between residential, retail, commercial and other land uses within the Rhodes Precinct, and
(ii)  encourage the provision of a range of services and facilities to help meet the needs of the population and users of the Rhodes Precinct, and
(iii)  generate employment in the Rhodes Precinct, and
(iv)  establish a significant new people-oriented public domain and foreshore area and other vibrant public plazas and public spaces,
(c)  to support growth in the Rhodes Precinct by ensuring the provision of appropriate infrastructure that is sensitive to environmental impacts.
cl 7.1: Ins 2021 (644), Sch 1[11].
7.2   Design excellence in Rhodes Precinct
(1)  This clause applies to development in the Rhodes Precinct involving the erection of a new building, or external alterations to an existing building, that is, or as a result of the development will be, higher than 12 metres or 3 storeys, or both.
(2)  Development consent must not be granted to development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(3)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development detrimentally impacts on view corridors,
(d)  how the development addresses the following matters—
(i)  the requirements of a development control plan made by the Council and applying to the land on the commencement of this clause,
(ii)  the suitability of the land for development,
(iii)  existing and proposed uses and use mix,
(iv)  heritage issues and streetscape constraints,
(v)  the relationship of the development with other development, existing or proposed, on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(vi)  bulk, massing and modulation of buildings,
(vii)  street frontage heights,
(viii)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(ix)  the achievement of the principles of ecologically sustainable development,
(x)  pedestrian, cycle, vehicular and service access, circulation and requirements,
(xi)  the impact on, and any proposed improvements to, the public domain,
(xii)  achieving appropriate interfaces at ground level between the building and the public domain,
(xiii)  excellence and integration of landscape design.
(4)  Development consent must not be granted to development to which this clause applies unless—
(a)  an architectural design competition is held in relation to the development, and
(b)  the consent authority takes into account the results of the architectural design competition.
(5)  Subclause (4) does not apply—
(a)  to development that relates to a building not higher than 28 metres or 8 storeys, or both, or
(b)  to development involving only alterations or additions to an existing building, or
(c)  in relation to an application to modify an existing development consent, or
(d)  if the NSW Government Architect certifies in writing that an architectural design competition need not be held.
(6)  If subclause (4) does not apply, development consent must not be granted unless—
(a)  a design review panel reviews the development, and
(b)  the consent authority takes into account the findings of the design review panel.
(7)  In this clause—
architectural design competition means a competitive process conducted in accordance with the draft Government Architect’s Design Excellence Competition Guidelines published by the NSW Government Architect in May 2018.
design review panel means a panel of 3 or more persons—
(a)  established by the consent authority for the purposes of this clause, and
(b)  approved by the NSW Government Architect.
cl 7.2: Ins 2021 (644), Sch 1[11].
7.3   Overshadowing of public places in Rhodes Precinct
(1)  Development consent must not be granted to development that results in a building causing additional overshadowing of a public place identified on the Sun Access Protection Map during the time specified for the public place in the following table—
Public place
Time during which additional overshadowing prohibited
Brays Bay Reserve
8:30am–12:30pm
King George V Park
8:30am–12:30pm
Leeds Street Open Space
8:30am–12:30pm
McIlwaine Park Primary Zone
8:30am–2pm
McIlwaine Park Secondary Zone
8:30am–12:30pm
Peg Patterson Park
Midday–2pm
Uhrs Reserve
8:30am–12:30pm
Union Square
9am–2pm
(2)  Subclause (1) does not prevent the granting of development consent to development that results in a building in Area 4 causing additional overshadowing of Union Square between 1:30pm and 2pm.
(3)  Development results in a building causing additional overshadowing of a public place if the overshadowing of the public place during the specified times is greater after the development is carried out than the overshadowing of the public place during the specified times caused by buildings on the commencement of this clause.
(4)  Development consent must not be granted to development that results in a building causing overshadowing of more than half of Leeds Street Open Space between 12:30pm and 3pm.
(5)  In this clause—
Area 4 means the land identified as “Area 4” on the Additional Local Provisions Map.
cl 7.3: Ins 2021 (644), Sch 1[11].
7.4   Minimum non-residential floor space in Rhodes Precinct
(1)  The minimum percentage of the gross floor area of a building on land in the Rhodes Precinct that must be used for non-residential purposes for development consent to be granted to development in relation to the building is specified on the Non-residential Floor Space Map.
(2)  In this clause—
non-residential purposes means purposes other than the following—
(a)  residential accommodation, excluding seniors housing,
(b)  serviced apartments, but only if there are, or as a result of the development will be, fewer than 50 serviced apartments on the land,
(c)  car parks,
(d)  telecommunications facilities.
cl 7.4: Ins 2021 (644), Sch 1[11].
7.5   Minimum building separation and maximum floor areas above building podiums in Rhodes Precinct
(1)  Development consent must not be granted to development that results in a building in the Rhodes Precinct being separated from another building by less than—
(a)  for a building higher than 14 storeys but not higher than 20 storeys—24 metres, or
(b)  for a building higher than 20 storeys—40 metres.
(2)  Development consent must not be granted to development that results in the gross floor area of a floor of a building in the Rhodes Precinct exceeding 750 square metres.
(3)  This clause does not apply in relation to the podium of a building in the Rhodes Precinct.
(4)  Subclause (2) does not apply in relation to a building on Lot 101, DP 624798, 34 Walker Street, Rhodes.
cl 7.5: Ins 2021 (644), Sch 1[11]. Am 2022 (100), Sch 1[1].
7.6   Maximum height of building podiums in Rhodes Precinct
Development consent must not be granted to development that results in the podium of a building in the Rhodes Precinct being higher than 16 metres.
cl 7.6: Ins 2021 (644), Sch 1[11].
7.7   Maximum number of dwellings in Rhodes Precinct
(1)  Development consent must not be granted to development that results in more than 3,000 dwellings in the Rhodes Precinct.
(2)  The following dwellings are to be disregarded for subclause (1)—
(a)  dwellings that existed before 30 October 2021,
(b)  dwellings permitted by a development consent granted before 30 October 2021.
cl 7.7: Ins 2021 (644), Sch 1[11]. Am 2022 (100), Sch 1[2].
7.8   Maximum number of car parking spaces for uses of land in Rhodes Precinct
(1)  Development consent must not be granted to development that results in the number of car parking spaces provided in connection with a use of land in the Rhodes Precinct exceeding the maximum specified in this clause.
(2)  The maximum number of car parking spaces is as follows—
(a)  for commercial premises other than retail premises—1 space per 150 square metres of gross floor area used for that purpose,
(b)  for retail premises other than restaurants or cafes—1 space per 100 square metres of gross floor area used for that purpose,
(c)  for restaurants or cafes—1 space per 150 square metres of gross floor area used for that purpose,
(d)  for dual occupancies, multi dwelling housing, residential flat buildings and shop top housing—
(i)  0.1 spaces per studio dwelling, and
(ii)  0.3 spaces per dwelling with 1 bedroom, and
(iii)  0.7 spaces per dwelling with 2 bedrooms, and
(iv)  1 space per dwelling with 3 or more bedrooms, and
(v)  1 visitor car parking space per 20 dwellings.
(3)  If the total number of car parking spaces under this clause is not a whole number, the total is to be rounded down to the next whole number.
(4)  In this clause—
car parking space means a space for the parking of motor vehicles that is ancillary to another land use, but does not include a place primarily used for—
(a)  the washing of vehicles, or
(b)  the loading or unloading of goods, or
(c)  the storage of bicycles.
visitor car parking space means a car parking space for use by visitors to, and not residents of, a building.
cl 7.8: Ins 2021 (644), Sch 1[11].
7.9   Water reticulation systems for buildings in Rhodes Precinct
Development consent must not be granted to the erection of a building in the Rhodes Precinct unless the building utilises a dual water reticulation system containing pipes for potable water and recycled water for all internal and external water uses.
cl 7.9: Ins 2021 (644), Sch 1[11].
7.10   Site area of proposed development in Rhodes Precinct includes dedicated land
The site area of proposed development on land in the Rhodes Precinct is, for the purpose of applying a floor space ratio under clause 4.5, taken to include land that—
(a)  is dedicated to the Council for a public purpose or otherwise set aside as publicly accessible open space or as a pedestrian link, and
(b)  would have been part of the site area if it had not been dedicated or set aside.
cl 7.10: Ins 2021 (644), Sch 1[11].
7.11   Additional floor space for certain BASIX affected buildings in Rhodes Precinct
(1)  A BASIX affected building on land in the Cavell Avenue Character Area, Leeds Street Character Area or Station Gateway East Character Area may exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map by 5% if the building—
(a)  exceeds the BASIX commitment for energy for the building by at least 15 points, and
(b)  exceeds the BASIX commitment for water for the building by at least 20 points.
(2)  In this clause—
BASIX affected building has the same meaning as in the Environmental Planning and Assessment Regulation 2000.
BASIX commitment means a commitment set out in a BASIX certificate within the meaning of the Environmental Planning and Assessment Regulation 2000.
cl 7.11: Ins 2021 (644), Sch 1[11].
7.12   Building frontages in Cavell Avenue Character Area
(1)  This clause applies to a part of a building in the Cavell Avenue Character Area that is within 4 metres of the building’s frontage to a road (the front part of the building).
(2)  Development consent must not be granted to development that results in the front part of the building exceeding a building height of 10 metres.
(3)  Development consent must not be granted to development for the purposes of a dwelling in the front part of the building unless the dwelling has an individual entrance from the road.
cl 7.12: Ins 2021 (644), Sch 1[11].
7.13   Additional building height for certain land in Cavell Avenue Character Area
A building on land in the Cavell Avenue Character Area that is between Blaxland Avenue and Cavell Avenue may exceed the maximum building height shown for the land on the Height of Buildings Map by 5 metres if development in connection with the building results in the opening of a public road that connects Blaxland Avenue and Cavell Avenue.
cl 7.13: Ins 2021 (644), Sch 1[11].
7.14   Additional floor space for multi dwelling housing (terraces) in Cavell Avenue Character Area
(1)  Multi dwelling housing (terraces) on land in the Cavell Avenue Character Area may exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map by 5%.
(2)    (Repealed)
cl 7.14: Ins 2021 (644), Sch 1[11]. Am 2022 (512), Sch 1[8].
7.15   Additional building height and floor space in Area 1
(1)  If development in connection with the erection of a building on land in Area 1 results in the provision of at least 2,000 square metres of publicly accessible open space—
(a)  the building may exceed the maximum building height shown for the land on the Height of Buildings Map by 10.5 metres, and
(b)  the building may exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map by 10%.
(2)  In this clause—
Area 1 means the land identified as “Area 1” on the Additional Local Provisions Map.
cl 7.15: Ins 2021 (644), Sch 1[11]. Am 2022 (100), Sch 1[3] [4].
7.16   Additional floor space and overshadowing in Area 2
(1)  The following provisions apply to a building on land in Area 2 that is used for purposes that include community facilities, emergency services facilities and seniors housing—
(a)  the building may exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map by 10%,
(b)  clause 7.3(1) does not prevent the granting of development consent to development that results in the building causing additional overshadowing of Union Square between 9am and 9:30am.
(2)  In this clause—
Area 2 means the land identified as “Area 2” on the Additional Local Provisions Map.
cl 7.16: Ins 2021 (644), Sch 1[11].
7.17   Additional permitted uses, building height and floor space in Area 3
(1)  Development for the following purposes is permitted with development consent in Area 3—
(a)  health services facilities,
(b)  office premises.
(2)  The maximum building height for a building in Area 3 is 36 metres.
(3)  The maximum floor space ratio for a building in Area 3 is 2.3:1.
(4)  Development consent must not be granted to development that results in a building on land in Area 3 exceeding the maximum building height shown for the land on the Height of Buildings Map, or exceeding the maximum floor space ratio shown for the land on the Floor Space Ratio Map, unless—
(a)  the site area of the development is at least 6,000 square metres, and
(b)  at least 26% of the gross floor area of all buildings in Area 3 is used for the following purposes—
(i)  centre-based child care facilities,
(ii)  community facilities,
(iii)  health services facilities,
(iv)  office premises,
(v)  respite day care centres,
(vi)  seniors housing.
(5)  In this clause—
Area 3 means the land identified as “Area 3” on the Additional Local Provisions Map.
cl 7.17: Ins 2021 (644), Sch 1[11].
7.18   Additional permitted uses in Leeds Street Character Area
Development for the purposes of residential flat buildings is permitted with development consent in the Leeds Street Character Area.
cl 7.18: Ins 2021 (644), Sch 1[11].
7.19   Minimum site area in Leeds Street Character Area
(1)  The minimum site area for development in the Leeds Street Character Area is specified in the following table—
Part of Leeds Street Character Area
Minimum site area
Site A
11,675 m2
Site B
12,000 m2
Site C
9,000 m2
Site D
10,000 m2
(2)  In this clause—
Site A means the land identified as “Site A” on the Additional Local Provisions Map.
Site B means the land identified as “Site B” on the Additional Local Provisions Map.
Site C means the land identified as “Site C” on the Additional Local Provisions Map.
Site D means the land identified as “Site D” on the Additional Local Provisions Map.
cl 7.19: Ins 2021 (644), Sch 1[11].
7.20   Minimum lot size for shop top housing in Station Gateway East Character Area
Development consent must not be granted to development for the purposes of shop top housing on a lot in the Station Gateway East Character Area unless the area of the lot is equal to or greater than 1,500 square metres.
cl 7.20: Ins 2021 (644), Sch 1[11].
7.21   Seniors housing in Station Gateway East Character Area
Despite clause 6.5(3), an active street frontage is not required for seniors housing in the Station Gateway East Character Area.
cl 7.21: Ins 2021 (644), Sch 1[11].
Part 8 Burwood-Concord, Homebush North and Kings Bay Precincts
pt 8: Ins 2022 (842), Sch 1[7].
8.1   Application of Part
(1)  This Part applies to land identified as “Burwood-Concord Precinct”, “Homebush North Precinct” or “Kings Bay Precinct” on the Key Sites Map.
(2)  A reference in this Part to a numbered Area is a reference to the Area with that number on the Key Sites Map.
cl 8.1: Ins 2022 (842), Sch 1[7].
8.2   Concurrence of Planning Secretary
(1)  Development consent must not be granted to development for the following purposes unless the consent authority has obtained the concurrence of the Planning Secretary—
(a)  commercial premises,
(b)  mixed use development,
(c)  residential accommodation.
(2)  In deciding whether to grant concurrence, the Planning Secretary must consider the following—
(a)  the impact of the development on—
(i)  existing designated State public infrastructure, and
(ii)  the need for additional designated State public infrastructure,
(b)  the cumulative impact of the development with other development that has, or is likely to be, carried out in surrounding areas on—
(i)  existing designated State public infrastructure, and
(ii)  the need for additional designated State public infrastructure,
(c)  the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into contributing to designated State public infrastructure.
(3)  In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the development.
(4)  This clause does not apply to development if—
(a)  all or part of the land on which the development will be carried out is in a special contributions area to which a determination under the Act, section 7.23, applies, or
(b)  the development does not result in an increase in the gross floor area used for the purposes of—
(i)  commercial premises, or
(ii)  mixed use development, or
(iii)  residential accommodation.
cl 8.2: Ins 2022 (842), Sch 1[7].
8.3   Additional floor space ratio and building heights for Areas 1–35
(1)  This clause applies to development involving the erection of a building in Areas 1–35 if the consent authority is satisfied the requirements specified in clauses 8.4–8.8 will be met in relation to the development.
(2)  The maximum floor space ratio for a building is the floor space ratio shown on the Incentive Floor Space Ratio Map for the land.
(3)  The maximum height of a building is the height shown on the Incentive Height of Buildings Map for the land.
cl 8.3: Ins 2022 (842), Sch 1[7].
8.4   Minimum site area requirements
Column 2 of the following table specifies the minimum site area for each Area specified in Column 1—
Column 1
Column 2
Area
Minimum site area
Area 1
3,620m2
Area 2
130m2
Area 3
570m2
Area 4
5,600m2
Area 5
1,830m2
Area 6
2,260m2
Area 7
3,560m2
Area 8
2,000m2
Area 9
13,080m2
Area 10
7,530m2
Area 11
4,660m2
Area 12
10,690m2
Area 13
8,680m2
Area 14
2,130m2
Area 15
6,260m2
Area 16
7,150m2
Area 17
4,180m2
Area 18
870m2
Area 19
4,860m2
Area 20
13,930m2
Area 21
4,790m2
Area 22
4,310m2
Area 23
2,100m2
Area 24
1,845m2
Area 25
9,200m2
Area 26
1,940m2
Area 27
1,940m2
Area 28
1,525m2
Area 29
1,800m2
Area 30
1,780m2
Area 31
1,780m2
Area 32
31,420m2
Area 33
3,070m2
Area 34
2,680m2
Area 35
18,620m2
cl 8.4: Ins 2022 (842), Sch 1[7].
8.5   Public open space
The requirements for public open space are as follows—
(a)  for Area 4—at least 2,280m2 of public open space at 40, 42 and 44 Burton Street, Concord,
(b)  for Area 10—at least 2,276m2 of public open space at 12, 14, 14A and 16 Burton Street, Concord and 19 Parramatta Road, Concord,
(c)  for Area 13—at least 1,170m2 of public open space on land that fronts Regatta Road, Five Dock,
(d)  for Area 16—at least 1,115m2 of public open space at 24–28 Spencer Street, Five Dock,
(e)  for Area 32—at least 2,290m2 of public open space on land at 57 Queens Street, Five Dock that fronts William Street, Five Dock,
(f)  for Area 35—at least 2,090m2 of public open space on land that fronts Queens Road, Five Dock.
cl 8.5: Ins 2022 (842), Sch 1[7].
8.6   Setback requirements
The minimum setback requirements are as follows—
(a)  for Areas 4 and 8—a 4.5m wide setback on land that fronts Burwood Road, Concord,
(b)  for Areas 5–9, 11, 12, 19, 20, 32, 34 and 35—a 6m wide setback from the “Building Setback Outline” identified on the Building Setback Map,
(c)  for Area 5—a 3m wide setback on land that fronts Broughton Street, Concord,
(d)  for Area 9—a 5m wide setback on land that fronts Burwood Road, Concord,
(e)  for Areas 13, 14, 25 and 29–32—a 3m wide setback on land that fronts Queens Road, Five Dock,
(f)  for Areas 15 and 16—a 3m wide setback on land that fronts Queens Road, Five Dock and land that fronts Spencer Street, Five Dock,
(g)  for Area 17—
(i)  an 8m wide setback on land that fronts William Street, Five Dock, and
(ii)  a 3m wide setback on land that fronts Queens Road, Five Dock and land that fronts Spencer Street, Five Dock,
(h)  for Areas 18 and 19—a 3m wide setback on land that fronts Spencer Street, Five Dock,
(i)  for Area 20—
(i)  an 8m wide setback on land that fronts William Street, Five Dock, and
(ii)  a 3m wide setback on land that fronts Spencer Street, Five Dock.
cl 8.6: Ins 2022 (842), Sch 1[7].
8.7   Pedestrian link and road requirements
(1)  The pedestrian link and road requirements are as follows—
(a)  for Area 6—a 9m wide pedestrian link along the eastern boundary of Area 6 that connects Burton Street Park and Parramatta Road, Concord,
(b)  for Area 7—a 3m wide pedestrian link along the western boundary of Area 7 that connects Burton Street Park and Parramatta Road, Concord,
(c)  for Area 9—
(i)  a 12m wide pedestrian link that connects Burton Street, Concord and Parramatta Road, Concord, and
(ii)  a 6m wide pedestrian link that connects the access way referred to in clause 8.8(c)(i) and Parramatta Road, Concord,
(d)  for Area 11—the service access way,
(e)  for Area 12—
(i)  the service access way, and
(ii)  a 6m wide pedestrian link that connects the service access way and Parramatta Road, Five Dock,
(f)  for Area 13—
(i)  the service access way, and
(ii)  a 6m wide pedestrian link that connects the rear of 3 Regatta Road and Queens Road, Five Dock,
(g)  for Area 16—a 12m wide pedestrian link along the western boundary of Area 16 that connects the rear of 24–28 Spencer Street and Queens Road, Five Dock,
(h)  for Area 20—a 12m wide pedestrian link that connects Spencer Street and Parramatta Road, Five Dock,
(i)  for Area 25—a 6m wide pedestrian link along the eastern boundary of Area 25 that connects Queens Road and Kings Road, Five Dock,
(j)  for Area 32—
(i)  an 18m wide road connecting Spencer Street, Five Dock to the eastern boundary of Area 32 (the Spencer Street extension), and
(ii)  a 12m wide pedestrian link along the eastern boundary of Area 32 that connects the Spencer Street extension and Parramatta Road, Five Dock, and
(iii)  an 18m wide road along the eastern boundary of Area 32 that connects the Spencer Street extension and Queens Road, Five Dock,
(k)  for Area 35—a 6m wide pedestrian link that connects Kings Bay East Park and Parramatta Road, Five Dock.
(2)  In this clause—
pedestrian link includes the following—
(a)  a footpath,
(b)  a shared cycle and pedestrian pathway,
(c)  a shared zone within the meaning of the Road Rules 2014.
service access way means—
(a)  for Area 11—an 18m wide road on the northern boundary of Area 11 that connects the rear of 225 Parramatta Road and Walker Street, Five Dock, and
(b)  for Area 12—an 18m wide road on the northern boundary of Area 12 that connects the rear of 235 Parramatta Road and 15–17 Regatta Road, Five Dock, and
(c)  for Area 13—an 18m wide road that connects the rear of 3 Regatta Road and Regatta Road, Five Dock.
cl 8.7: Ins 2022 (842), Sch 1[7].
8.8   Service access way requirements
The service access way requirements are as follows—
(a)  for Area 5—
(i)  a 40m2 extension of Frankie Lane, Concord that connects to 49 Parramatta Road, Concord, and
(ii)  a 146m2 expansion of Frankie Lane, Concord for a truck turning bay that is 7m by 26m,
(b)  for Area 8—a 32m2 expansion of Neichs Lane, Concord with a minimum turning radius of 8m,
(c)  for Area 9—
(i)  an access way in Concord, at the rear of 3, 7 and 13 Parramatta Road and through 19 Parramatta Road, that connects Loftus Street to Burton Street and is at least 12m wide, and
(ii)  an access way in Concord, at the southern boundary of 1 Loftus Street, that connects Loftus Street to 3 Parramatta Road and is at least 3.6m wide, and
(iii)  an access way in Concord, at the northern boundary of 1 Parramatta Road, that connects Loftus Street to 3 Parramatta Road and is at least 8.4m wide.
cl 8.8: Ins 2022 (842), Sch 1[7].
8.9   Additional floor space for BASIX buildings
(1)  A BASIX building on land to which this Part applies may exceed the maximum permissible FSR by up to 5% if the building—
(a)  exceeds the BASIX commitment for energy for the building by at least 15 points, and
(b)  exceeds the BASIX commitment for water for the building by at least 20 points.
(2)  Development consent must not be granted under subclause (1) unless the consent authority is satisfied that—
(a)  the development will not adversely impact adjoining land or the amenity of the neighbourhood, considering visual bulk and overshadowing, and
(b)  the additional floor space will not be used for the purposes of car parks.
(3)  In this clause—
BASIX building has the same meaning as in the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
BASIX commitment means a commitment listed on a BASIX certificate, within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
maximum permissible FSR, for a building on land—
(a)  means the maximum floor space ratio shown on the Floor Space Ratio Map or the Incentive Floor Space Ratio Map for the land, and
(b)  includes further floor space permitted under clause 4.6.
cl 8.9: Ins 2022 (842), Sch 1[7].
8.10   Other development standards
(1)  Development consent must not be granted to development on land to which this Part applies unless the consent authority—
(a)  is satisfied that planning and design measures are incorporated to reduce the urban heat island effect, and
(b)  considers whether the development will improve the quality and amenity of the public domain, for example, by including landscaped areas, pedestrian walkways or cycleways, and
(c)  for the erection of a new building—is satisfied the building has a dual water reticulation system containing pipes for potable water and recycled water for all internal and external water uses.
(2)  In this clause—
green infrastructure means the network of green spaces, natural systems and semi-natural systems that support sustainable communities and includes waterways, bushland, tree canopy and green ground cover, parks and open spaces.
urban heat island effect means the effect resulting from conditions that contribute to higher temperatures in urban areas, including—
(a)  use of roads, car parks, pavements, roofs, walls and other hard and dark surfaces, and
(b)  activities that generate heat, including waste air from mechanical cooling systems, and
(c)  reduction in green infrastructure.
cl 8.10: Ins 2022 (842), Sch 1[7].
8.11   Maximum number of car parking spaces
(1)  Development consent must not be granted to development that results in the number of car parking spaces exceeding the maximum specified in this clause.
(2)  The maximum number of car parking spaces is as follows—
(a)  for commercial premises other than retail premises—1 space per 100m2 of gross floor area,
(b)  for retail premises—1 space per 70m2 of gross floor area,
(c)  for dual occupancies, multi dwelling housing, residential flat buildings and shop top housing—
(i)  0.3 spaces per studio dwelling, and
(ii)  0.5 spaces per dwelling with 1 bedroom, and
(iii)  0.9 spaces per dwelling with 2 bedrooms, and
(iv)  1.2 spaces per dwelling with 3 or more bedrooms, and
(v)  0.1 visitor car parking spaces per dwelling.
(3)  If the total number of car parking spaces under this clause is not a whole number, the total must be rounded down to the next whole number.
(4)  In this clause—
car parking space has the same meaning as in clause 7.8.
visitor car parking space has the same meaning as in clause 7.8.
cl 8.11: Ins 2022 (842), Sch 1[7].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 378 and 380 Great North Road, Abbotsford and Abbotsford House, 2 Abbotsford Cove Drive, Abbotsford
(1)  This clause applies to land at 378 and 380 Great North Road, Abbotsford and Abbotsford House, 2 Abbotsford Cove Drive, Abbotsford (known as the “Nestlé site”), in particular, Abbotsford House, Chatham House and the Clubhouse pavilion, being Lot 22, DP 270127, Lot 1, DP 862198 and Lot 19, DP 270127.
(2)  Development for the following purposes is permitted with development consent—
(a)  office premises,
(b)  restaurants or cafes.
2   Use of certain land at 123 Peninsula Drive, Breakfast Point
(1)  This clause applies to land at 123 Peninsula Drive, Breakfast Point, being Lot 46, DP 270347.
(2)  Development for the following purposes is permitted with development consent—
(a)  retail premises,
(b)  business premises.
3   Use of certain land at 1 and 2 Shore Road and 2 Bechert Road, Chiswick
(1)  This clause applies to land at 1 and 2 Shore Road and 2 Bechert Road, Chiswick, being Part Lots 1, 2, 63, 64 and 73, SP 64846 and Part Lots 6 and 7, SP 69974.
(2)  Development for the purposes of commercial premises is permitted with development consent.
4   Use of certain land at Concord Oval, 8 Gipps Street, Concord
(1)  This clause applies to land at Concord Oval, 8 Gipps Street, Concord, being Lots 10–17, DP 1226181.
(2)  Development for the purposes of advertising structures, but only for the purposes of sponsorship advertising, is permitted with development consent.
5   Use of certain land at Killoola Street, Concord West
(1)  This clause applies to land at Killoola Street, Concord West (Rhodes Park), being Lots 9–12 and Lots 21–25, DP 20309 and Lot 2, DP 1111329.
(2)  Development for the following purposes is permitted with development consent—
(a)  centre-based child care facilities,
(b)  community facilities,
(c)  respite day care centres,
(d)  restaurants or cafes,
(e)  schools.
6   Use of certain land at 64 Victoria Avenue, Concord West
(1)  This clause applies to land at 64 Victoria Avenue, Concord West, being Lot 5, DP 778667.
(2)  Development for the purpose of advertising structures is permitted with development consent.
7   Use of certain land at Drummoyne Oval, Drummoyne
(1)  This clause applies to land at Drummoyne Oval, Drummoyne, being Lot 1, DP 1163343.
(2)  Development for the purpose of advertising structures, but only for the purpose of sponsorship advertising, is permitted with development consent.
8   Use of certain land at 162–166 Victoria Road, Drummoyne
(1)  This clause applies to land at 162–166 Victoria Road, Drummoyne, being SP 95173.
(2)  Development for the purpose of a car park on land in Zone R2 Low Density Residential is permitted with development consent, but only in association with development on land in Zone B4 Mixed Use.
(3)  Subclause (2) applies only in association with a development on land to which this clause applies that is Zone B4 Mixed Use.
9   Use of certain land at 30–34 St Georges Crescent, Drummoyne
(1)  This clause applies to land at 30-34 St Georges Crescent, Drummoyne, being Lot 1, DP 864334, SP 93695 and Lot 2, DP 1213145.
(2)  Development for the purpose of marinas is permitted with development consent.
10   Use of certain land at 380 Victoria Place, Drummoyne
(1)  This clause applies to land at 380 Victoria Place, Drummoyne, being Lot 1, DP 430123, Lot B, DP 401843 and Lot 1, DP 549352.
(2)  Development for the purpose of marinas is permitted with development consent.
11   Use of certain land at 13 Bevin Avenue, Five Dock
(1)  This clause applies to land at 13 Bevin Avenue, Five Dock, being Lot 1, DP 1204491.
(2)  Development for the following purposes is permitted with development consent if the use is associated with the adjacent Canada Bay Club—
(a)  car parks,
(b)  serviced apartments.
12   Use of certain land at Bevin Avenue, Five Dock
(1)  This clause applies to land at Bevin Avenue, Five Dock, being Lot 1, DP 1136926, Lot 4, DP 536187 and Lot 2, DP 527649.
(2)  Development for the purpose of a registered club is permitted with development consent.
12A   Use of land at 8 Bevin Avenue, Five Dock
(1)  This clause applies to land at 8 Bevin Avenue, Five Dock, being Lot 3, DP 527649.
(2)  Development for the purpose of a car park associated with the adjacent Canada Bay Club is permitted with development consent.
13   Use of certain land at 104 and 104A William Street, Five Dock
(1)  This clause applies to land at 104 and 104A William Street, Five Dock, being SP 73162, SP 73163 and SP 75689.
(2)  Development for the following purposes is permitted with development consent—
(a)  commercial premises,
(b)  light industries.
14   Use of certain land at 49–51 Queens Road, Five Dock
(1)  This clause applies to land at 49-51 Queens Road, Five Dock, being SP 83068.
(2)  Development for the following purposes is permitted with development consent—
(a)  medical centres,
(b)  office premises.
14A   (Repealed)
15   Use of certain land at 21–27 Regatta Road, Five Dock
(1)  This clause applies to land at 21–27 Regatta Road, Five Dock, being lots 1–3, DP 1034085.
(2)  Development for the purposes of vehicle sales or hire premises is permitted with development consent.
15A   (Repealed)
16   Use of certain land at 27 George Street, North Strathfield
(1)  This clause applies to land at 27 George Street, North Strathfield, being Part Lots 1–8 and Part Lots 27–33, SP 84982.
(2)  Development for the purpose of commercial premises is permitted with development consent.
17   Use of certain land at 159 Parramatta Road, North Strathfield
(1)  This clause applies to land at 159 Parramatta Road, North Strathfield, being Lot 27, DP 719909.
(2)  Development for the purpose of advertising structures is permitted with development consent.
18   Use of certain land at 211 Parramatta Road, North Strathfield
(1)  This clause applies to land at 211 Parramatta Road, North Strathfield, being Lots 1 and 2, DP 1023863.
(2)  Development for the purpose of an advertising structure is permitted with development consent.
19   Use of land in Zone R4
(1)  This clause applies to land in Zone R4 High Density Residential.
(2)  Development for the purpose of commercial premises is permitted with development consent on the ground floor of residential flat buildings.
20   Use of certain land at 355–359 Lyons Road, Five Dock
(1)  This clause applies to land at 355–359 Lyons Road, Five Dock, being Lots 40 and 41, DP 9978 and Lot 1, DP 319424.
(2)  Development for the purposes of residential flat buildings is permitted with development consent.
21   Use of certain land at Units 1 and 2, 2 Bechert Road, Chiswick
(1)  This clause applies to Lots 1 and 2, SP 69974, Units 1 and 2, 2 Bechert Road, Chiswick.
(2)  Development for the purposes of business premises is permitted with development consent on Lots 1 and 2, SP 69974.
(3)  However, Lot 2, SP 69974 must only be used for storage ancillary to the business premises on Lot 1, SP 69974.
22   Use of certain land at Kings Bay Precinct
(1)  This clause applies to land that—
(a)  is in Zone R3, and
(b)  is on land identified as “Kings Bay Precinct” on the Key Sites Map, and
(c)  fronts Parramatta Road.
(2)  Development for the purposes of commercial premises and light industries is permitted with development consent on the ground floor of a residential flat building.
23   Use of certain land at 28–30 and 32–40 Burton Street, Concord
(1)  This clause applies to Lots 1–4, DP 10928, 28–30 and 32–40 Burton Street, Concord if the land fronts Burwood Road or Neichs Lane.
(2)  Development for the purposes of commercial premises is permitted with development consent on the ground floor of a residential flat building.
24   Use of certain land at 7 and 15–17 Regatta Road, Five Dock
(1)  This clause applies to the following land at Five Dock—
(a)  Lot 1, DP 172956, 7 Regatta Road,
(b)  Lots 12 and 13, DP 826063, 15–17 Regatta Road.
(2)  Development for the purposes of depots is permitted with development consent.
sch 1: Am 2013 (461), cl 4; 2014 (73), cl 4; 2014 (298), Sch 1 [7]; 2015 (124), cl 5; 2016 (246), cl 4; 2017 (493), Sch 1.2 [1] [2]; 2018 (205), cl 4; 2018 (531), Sch 1 [5] [6]; 2021 (89), Sch [9]–[20]; 2022 (78), cl 4; 2022 (842), Sch 1[8] [9].
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Development on footpath (associated with commercial premises or industrial retail outlet)
(1)  Must have an approval or be authorised to use the footpath under Part 9 of the Roads Act 1993 or, if on public land, under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Part 5 of the Crown Land Management Act 2016 may also apply.
(2)  Must be associated with an adjacent or nearby commercial premises (not including food and drink premises) or industrial retail outlet for which development consent has been granted.
Outdoor dining (associated with food and drink premises)
(1)  Must have an approval or be authorised to use the footpath under Part 9 of the Roads Act 1993 or if on public land, under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Part 5 of the Crown Land Management Act 2016 may also apply.
(2)  Must be associated with an adjacent food and drink premises for which development consent has been granted.
Signage—bus shelter advertising
(1)  Must not extend beyond the perimeter of the bus shelter.
(2)  Only 1 advertising panel per bus shelter that may comprise an advertisement on 2 sides.
(3)  Must not contain flashing or neon signage.
Signage—business identification signs
(1)  In residential zones—
(a)  maximum area—0.75m2, and
(b)  must only identify the approved use of the premises to which the sign is affixed and not promote products, and
(c)  must not be illuminated or exhibit changing light and colour effects, and
(d)  must not be erected on a heritage item or land within the curtilage of a heritage item.
(2)    (Repealed)
sch 2: Am 2019 (621), Sch 2.7; 2021 (89), Sch 1[21] [22].
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Cabarita, Cabarita Road
Lot 44, DP 14206 (Vol 14651 Fol 225)
Cabarita, Collingwood Avenue
Lot 45, DP 14206 (Vol 14651 Fol 225)
Concord, 1 Beaconsfield Lane
Lot 2, DP 984914 (Vol 4549 Fol 34)
Concord, 3 Beaconsfield Lane
Lot 1, DP 1161664
Concord, Cross Street
Lot 10, DP 19533
Concord, 2 Denison Lane
Lot 2, DP 1049615
Concord, 48 Majors Bay Road
Lot 2, DP 1001791
Concord, 138 Majors Bay Road
Lots 59–62, DP 13820
Concord, 10 Thornleigh Avenue
Lots 8–11, DP 7594
Concord, 9–11 Wellbank Street
Lot 1, DP 942221 (Vol 2374 Fol 50)
Concord, 11 Wellbank Street
Lot 2, DP 942221 (Vol 2374 Fol 53)
Concord, 11 Wellbank Street
Lot 4, Section 2, DP 1875 (Vol 4843 Fol 46)
Concord West, 176Z George Street
Lot, 3 DP 218758 (Vol 9535 Fol 177)
Concord West, 46 Hospital Road
Lots 1–3, Section K, DP 11871 (Vol 4156 Fol 149)
Concord West, 8A Myall Street
Lot 96, Section D, DP 10188
Concord West, 64–66 Victoria Avenue
Lot 5, DP 778667 and Lot 2, DP 218758
Drummoyne, 6 Bayswater Street
Lot 1, DP 1130563 (Vol 2115 Fol 64)
Drummoyne, 39 Bowman Street
Lot 1, DP 917861 (Vol 1244 Fol 233)
Drummoyne, 9 College Street
Lot 3, DP 1070742
Drummoyne, 64–66 Formosa Street
Lot 273, DP 531444 (Vol 10962 Fol 216)
Drummoyne, 64–66 Formosa Street
Lot 1, DP 705622
Drummoyne, 64–66 Formosa Street
Lot 1, DP 536276 (Vol 11092 Fol 128)
Drummoyne, 64–66 Formosa Street
Lot 3, DP 552170 (Vol 11729 Fol 210)
Drummoyne, 70 Formosa Street
Lot 1, DP 201127 (Vol 3530 Fol 182)
Drummoyne, 70 Formosa Street
Lot 1, DP 500502 (Vol 9526 Fol 200)
Drummoyne, 70 Formosa Street
Lot 2, DP 201127
Drummoyne, 70 Formosa Street
Lot 2, DP 500502 (Vol 9526 Fol 201)
Drummoyne, 70 Formosa Street
Lot 3, DP 201127
Drummoyne, 70 Formosa Street
Lot 2, DP 508407 (Vol 9711 Fol 65)
Drummoyne, 70 Formosa Street
Lot 4, DP 505569 (Vol 9536 Fol 78)
Drummoyne, 70 Formosa Street
Lot 2, DP 203898 (Vol 9023 Fol 93)
Drummoyne, 70 Formosa Street
Lot 1, DP 219591 (Vol 9949 Fol 49)
Drummoyne, 89 Formosa Street
Lot 1, DP 432029 (Vol 5926 Fol 204)
Drummoyne, 107/52 Lyons Road
Lot 23, DP 81760
Drummoyne, 54 Lyons Road
Lot 2, DP 657666
Drummoyne, 56 Lyons Road
Lot 1, DP 669097 (Vol 4383 Fol 227)
Drummoyne, 56 Lyons Road
Lot 1, DP 936800 (Vol 2109 Fol 190)
Drummoyne, 56 Lyons Road
Lot 2, DP 936800 (Vol 12961 Fol 135)
Drummoyne, 1A Marlborough Street
Lot 1, DP 724469
Drummoyne, 1A Marlborough Street
Lot 1, DP 1091309 (Vol 1774 Fol 33)
Drummoyne, 1A Marlborough Street
Lot 2, DP 1091309 (Vol 1774 Fol 33)
Drummoyne, 4–8 Marlborough Street
Lot 10, DP 628349 (Vol 15113 Fol 154)
Drummoyne, Ullathorne Street
Lot 3, DP 1094579
Drummoyne, 231 Victoria Road
Lot 1, DP 518568 (Vol 10471 Fol 248)
Five Dock, 121Z First Avenue, Five Dock
Lot 5, DP 224319
Five Dock, 4–12 Garfield Street
Lot 2, DP 1062325
Five Dock, 106 Great North Road
Lot B, DP 347359 (Vol 5356 Fol 123)
Five Dock, 2–6 Kings Road
Lot 11, DP 6513 (Vol 2593 Fol 111)
Five Dock, 2–6 Kings Road
Lot 12, DP 6513 (Vol 13040 Fol 91)
Five Dock, 2–6 Kings Road
Lot A, DP 305313 (Vol 3400 Fol 61)
Five Dock, 2–6 Kings Road
Lot 10, DP 668565 (Vol 6164 Fol 244)
Five Dock, 7 Regatta Road
Lot 1, DP 172956
Five Dock, 15–17 Regatta Road
Lot 12, DP 826063
Five Dock, 15–17 Regatta Road
Lot 13, DP 826063
Five Dock, 3 Second Avenue
Lot 2, DP 537010 (Vol 11151 Fol 117)
Five Dock, 1 Waterview Street
Lot 7, DP 236750 (Vol 11619 Fol 158)
Five Dock, 9 Waterview Street
Lot 21, Section 5, DP 884
Five Dock, 21 Waterview Street
Lot C, DP 338480
Mortlake, Bennett Street
Lot 13, DP 747109
Mortlake, 12–16 Edwin Street (Tom Murphy Reserve)
Lot 43, DP 1937 (Vol 4839 Fol 202)
Mortlake, 12–16 Edwin Street (Tom Murphy Reserve)
Lot 44, DP 1937 (Vol 4839 Fol 202)
Mortlake, Hilly Street
Lot 11, DP 747109
Mortlake, 1 Hilly Street
Lot 210, DP 566285 (Vol 12424 Fol 162)
Mortlake, 13 Hilly Street
Lot 1, DP 84893
Mortlake, 1 McDonald Street
Lot 212, DP 566285 (Vol 12424 Fol 164)
North Strathfield, 27–29 George Street
Lots 1–16, DP 82070
Rhodes, Cavell Avenue
Lot 163, DP 6401 (Vol 7031 Fol 135)
Rhodes, Cropley Street
Lot 164, DP 6401 (Vol 7031 Fol 135)
Rhodes, Llewellyn Street
Lot 159, DP 6401 (Vol 7031 Fol 135)
Rhodes, Llewellyn Street
Lot 161, DP 6401 (Vol 7031 Fol 135)
Rhodes, Llewellyn Street
Lot 162, DP 6401 (Vol 7031 Fol 135)
Rhodes, Llewellyn Street
Lot 166, DP 6401 (Vol 7031 Fol 135)
Strathfield, 30F Cooper Street
Lot 7, DP 708073
Strathfield, 39 Cooper Street
Lots 6, 8, 9 and 16, DP 81539
Strathfield, 44–50 Cooper Street
Lots 1, 3 and 43, DP 82089
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Nil
  
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Five Dock, 151P Great North Road (Fred Kelly Reserve)
Lots 2 and 3, DP 811036
Mortlake, 37 Hilly Street (Punt Park)
Lot 61, DP 773329
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Abbotsford
Abbotsford House
2 Abbotsford Cove Drive
Lot 19, DP 270127
Local
I1
Abbotsford
Battersea Park
Battersea Street
Lots 7016, 7017 and 7018, DP 1074188; Lot 1071, DP 1074188; Lots 20 and 21, DP 57637; Lot 17, DP 77464; Lots 11, 12 and 22, DP 939734; Lots 14 and 16, DP 3790; Lot 15, DP 57112; Lot 13, DP 58560; Lot 20, DP 182467
Local
I16
Abbotsford
House
25 Battersea Street
Lot 76, DP 3790
Local
I17
Abbotsford
Electric street lights
Great North Road
 
Local
I220
Abbotsford
Sandstone kerbing
Great North Road
 
Local
I222
Abbotsford
Tram lines
Great North Road
 
Local
I218
Abbotsford
Abbotsford Public School and Abbotsford Community Centre
348 Great North Road
Lot 102, DP 808766
Local
I231
Abbotsford
House, “Mona”
373 Great North Road
Lot B, DP 358000
Local
I233
Abbotsford
Tram shelter shed
378 Great North Road
 
Local
I219
Abbotsford
Clubhouse pavilion
378 Great North Road
Lot 22, DP 270127
Local
I234
Abbotsford
Chatham House
380 Great North Road
Lot 1, DP 862198
Local
I235
Abbotsford
House, “Coniston”
396 Great North Road
Lots X and Y, DP 377880
Local
I236
Abbotsford
House
432 Great North Road
Lot 9, Section B, DP 4669
Local
I237
Abbotsford
Tippett Memorial Presbyterian Church and hall
443–447 Great North Road
Lot 1, DP 4238; Lot 1, DP 128555; Lots 51 and 52, DP 13548
Local
I238
Abbotsford
Sydney Rowing Club—Boatshed
613 Great North Road
Lot 100, DP 1049800
Local
I239
Abbotsford
Abbotsford Point Boatshed
617 Great North Road
Part Lot 1, DP 52972
Local
I221
Abbotsford
House
1 Poolman Street
Lot B, DP 320921
Local
I385
Abbotsford
House
3 Poolman Street
Lot A, DP 320921
Local
I386
Abbotsford
House, “Gloaming”
14 Raynor Avenue
Lot 30, DP 14102
Local
I406
Abbotsford
Animal Quarantine Station (former)
50P Spring Street
Lot 1, DP 957603; Lot 7052, DP 93782
Local
I80
Abbotsford
MWS and DB Pumping Station
73 St Albans Street
Lots 1 and 2, DP 717220
Local
I414
Abbotsford
Werrell Park
2P Teviot Street
 
Local
I443
Abbotsford
Stone steps
Corner of Walton Crescent and Marmion Road, in front of 43 Walton Crescent
 
Local
I480
Abbotsford
House
40 Walton Crescent
Lot 12, Section A, DP 4669
Local
I481
Abbotsford
House
55 Walton Crescent
Lot 19, Section B, DP 4669
Local
I482
Abbotsford
Port Jackson Fig trees (4)
Wymston Parade
 
Local
I518
Breakfast Point
AGL Blacksmiths’ Shop (former)
123 Peninsula Drive
Lot 46, DP 270347
Local
I382
Breakfast Point
AGL (former) fence to Tennyson Road, entrance gates and entry pavilion
Tennyson Road (east side) between Peninsula Drive and Emily Street to Magnolia Drive
 
Local
I437
Breakfast Point
AGL Office No 1 (former)
19–21 Tennyson Road
Lot 1, DP 270347
Local
I438
Breakfast Point
AGL Main Meter Readers’ Office (former)
19–21 Tennyson Road
Lot 64, DP 270347
Local
I439
Breakfast Point
AGL Plumbers’ Workshop (former)
15 Woodlands Avenue
Lot 6, DP 280052
Local
I545
Cabarita
House “Correys”
1 Bayside Terrace
Lot 1, DP 270282
Local
I179
Cabarita
Cabarita Park—landscape, rotunda and swimming pool
Cabarita Road
Lot 7081, DP 93923; Crown Lot 1, DP 126394; Lot 291, DP 752023
Local
I58
Cabarita
Federation Pavilion, Cabarita Park
Cabarita Road
Lot 1, DP 126394
State
I543
Cabarita
Inter-war California bungalow
116 Cabarita Road
Lot 42, DP 5167
Local
I60
Cabarita
Inter-war California bungalows
118 Cabarita Road
Lot 43, DP 5167
Local
I526
Cabarita
House
18 Collingwood Avenue
Lot 15, DP 14206
Local
I94
Cabarita
Kendall Reserve—landscape
1P Kendall Street
Lot 64, DP 752023
Local
I59
Cabarita
House
10 Kendall Street
Lot 2, Section 2, DP 6536
Local
I271
Cabarita
House
31 Phillips Street
Lot 280, DP 499696; Lot 1, DP 564192
Local
I384
Cabarita
House “Strathroy” (located on former Dulux site)
1 Strathroy Close
Lot 63, DP 270282
Local
I423
Canada Bay
House
1 Renown Street
Lot 12, DP 2165
Local
I407
Canada Bay
One of a pair of terrace houses
140 Queens Road
Lot 101, DP 826625
Local
I401
Canada Bay
One of a pair of terrace houses
142 Queens Road
Lot 100, DP 826625
Local
I402
Canada Bay
House
18 Walker Street
Lot 13, DP 736853
Local
I479
Chiswick
AWI office building
54 Blackwall Point Road
SP 91803
Local
I23
Chiswick
Shop and residence
92 Blackwall Point Road
Lot 2, DP 859664
Local
I24
Chiswick
Chiswick Steps and retaining wall
Chiswick Street
 
Local
I81
Chiswick
Entry gates
16A Chiswick Street
Lot C, DP 363811
Local
I82
Chiswick
House
18 Chiswick Street
Lot A, DP 363811
Local
I83
Chiswick
House
2 Fortescue Street
Lot 3, DP 28476
Local
I204
Concord
Street tree
Corner of Ada and Coles Streets
 
Local
I7
Concord
House, “Marathon”
3 Ada Street
Lot C, DP 326687
Local
I2
Concord
Federation house
4 Ada Street
Lot B, DP 927042
Local
I3
Concord
House and garden
6 Ada Street
Lot C, DP 927042
Local
I4
Concord
House
7 Ada Street
Lot 2, DP 114957
Local
I5
Concord
House
28 Addison Avenue
Lot 14, DP 6827
Local
I8
Concord
House
2 Alton Avenue
Lot A, DP 414636
Local
I9
Concord
Mortlake Public School—grounds
15 Archer Street
Lot 1, DP 782153; Lot 1, DP 729864; Lots 180–191, DP 7564
Local
I10
Concord
Sub-station
1A Arthur Street
Lot 2, DP 100697
Local
I11
Concord
Inter-war bungalow
17 Arthur Street
Lots 18, DP 13702
Local
I12
Concord
Inter-war bungalow
19 Arthur Street
Lots 17, DP 13702
Local
I527
Concord
House
5 Bayview Street
Lot 15, DP 16276
Local
I14
Concord
House
12 Bent Street
Lot 21, Section 1, DP 1875
Local
I20
Concord
House
24 Bent Street
Lot 15, Section 1, DP 1875
Local
I21
Concord
House
1 Braddon Street
Lot B, DP 308928
Local
I30
Concord
House
14 Brays Road
Lot A, DP 354933
Local
I32
Concord
Substation
40A Brays Road
Lot 1, DP 321453
Local
I33
Concord
St Mary’s Anglican Church and grounds
54 Brays Road
Lots 1 and 2, DP 1964; Lot 1, DP 113024
Local
I34
Concord
Queen Elizabeth Park—landscape
Broughton Street
Part Lot 1, DP 117862
Local
I35
Concord
House
32 Broughton Street
Lot 9, DP 7625
Local
I36
Concord
House
36 Broughton Street
Lot B, DP 405683
Local
I37
Concord
St Luke’s Anglican Church and grounds
19 Burton Street
Lots 2 and 4, DP 538607
Local
I40
Concord
House, “Lansdowne”
25 Burton Street
Lot 3, Section 1, DP 8045
Local
I41
Concord
Houses “Melaleuca” and “Clewer”—pair of terrace houses, fences and garden
31–33 Burton Street
Lots E and D, DP 405877
Local
I42
Concord
House, “Loretto”
46 Burton Street
Lot 19, Section 2, DP 939757
Local
I43
Concord
St Mary’s Church and school
56–60 Burton Street
Lots 1, 2 and 4, DP 455681; Lots 1–3, DP 130919
Local
I44
Concord
Street trees
Burwood Road (between Crane Street and Duke Avenue)
 
Local
I56
Concord
Post office building (former)
22 Burwood Road
Lot 1, DP 85034
Local
I45
Concord
Sandstone kerbing (west side, adjacent)
22–26 Burwood Road
 
Local
I55
Concord
Anglican Rectory building (former)
24 Burwood Road
Lot Y, DP 163687
Local
I46
Concord
House
33 Burwood Road
Lots 6 and 7, DP 2931
Local
I47
Concord
House
35 Burwood Road
Lot 5, DP 2931
Local
I48
Concord
Concord Primary School and grounds
66 Burwood Road
Lot 1, DP 194308; Lot 2, Section 12, DP 758623; Lots 9–14, Section 1, DP 975955
Local
I49
Concord
House
104 Burwood Road
Lot 43, DP 6790
Local
I50
Concord
House
106 Burwood Road
Lot A, DP 301443
Local
I51
Concord
House
108 Burwood Road
Lot 41, DP 6790
Local
I52
Concord
House
110 Burwood Road
Lot 3, DP 6790
Local
I53
Concord
Bayview Park
166P Burwood Road
Lot 16, DP 2063
Local
I54
Concord
House and shop
13 Cabarita Road
Lot 4, DP 5531
Local
I61
Concord
House, “Allenby”
36 Cabarita Road
Lot 2, DP 9414
Local
I62
Concord
Street trees
Castlereagh Street
 
Local
I74
Concord
“Linden”, Inter-war bungalow
2 Clermont Avenue
Lot 63, DP 8972
Local
I84
Concord
“Swinford”, Inter-war bungalow
4 Clermont Avenue
Lot 64, DP 8972
Local
I528
Concord
Inter-war bungalow
7 Clermont Avenue
Lot 57, DP 12418
Local
I85
Concord
House
8 Clermont Avenue
Lot 66, DP 8972
Local
I86
Concord
Inter-war bungalow
9 Clermont Avenue
Lot 26, DP 8972
Local
I529
Concord
Inter-war bungalow
11 Clermont Avenue
Lot 25, DP 8972
Local
I530
Concord
House
28 Clermont Avenue
Lot 34, DP 8972
Local
I87
Concord
House, “Ardill”
31 Clermont Avenue
Lots 13–15, DP 8972; Lot A, DP 977893
Local
I88
Concord
House
36 Clermont Avenue
Lot 38, DP 8972
Local
I89
Concord
Wesley Uniting Church and hall
81 Concord Road
Lot 1, DP 310934; Lot 3, DP 130820; Lot A, DP 900413
Local
I99
Concord
House
99 Concord Road
Lot 4, DP 34203
Local
I100
Concord
House
11 Corby Avenue
Lot 13, DP 130490
Local
I122
Concord
House
12 Corby Avenue
Lot 23, DP 9583
Local
I123
Concord
House
13 Corby Avenue
Lot 12, DP 9583
Local
I124
Concord
Presbyterian Church
14 Cormiston Avenue
Lots 10 and 11, DP 16147
Local
I125
Concord
House
23 Cormiston Avenue
Lot A, DP 955442
Local
I126
Concord
House, “Trerieffe”
42 Cormiston Avenue
Lot 8, Section A, DP 6538
Local
I127
Concord
House
51 Cormiston Avenue
Lot 11, Section B, DP 6538
Local
I128
Concord
House
10 Correys Avenue
Lot 10, DP 13820
Local
I129
Concord
House
16 Correys Avenue
Lot 7, DP 13820
Local
I130
Concord
House
22 Correys Avenue
Lot 4, DP 13820
Local
I131
Concord
House
24 Correys Avenue
Lot 3, DP 13820
Local
I132
Concord
House, “Berhilma”
103 Correys Avenue
Lot 63, DP 9221
Local
I133
Concord
House
109 Correys Avenue
Lot 66, DP 9221
Local
I134
Concord
House
111 Correys Avenue
Lot 67, DP 9221
Local
I135
Concord
Rothwell Park
25P Crane Street
Lot 81A, DP 752023; Lot 262, DP 752023
Local
I333
Concord
Shop and residence
28 Crane Street
Lot 1, DP 324177
Local
I136
Concord
Shops
42–46 Crane Street
Lots 1, 2 and 3, DP 13862
Local
I137
Concord
House
1 Creewood Street
Lot 4, DP 13884
Local
I138
Concord
House
2 Creewood Street
Lot C, DP 316685
Local
I139
Concord
House
3 Creewood Street
Lot 5, DP 13884
Local
I140
Concord
House
4 Creewood Street
Lot B, DP 316685
Local
I141
Concord
House
5 Creewood Street
Lot 6, DP 13884
Local
I142
Concord
House
6 Creewood Street
Lot A, DP 316685
Local
I143
Concord
House
7 Creewood Street
Lot 7, DP 13884
Local
I144
Concord
House
8 Creewood Street
Lot 11, DP 13884
Local
I145
Concord
House
9 Creewood Street
Lot 1, DP 183407
Local
I146
Concord
House
10 Creewood Street
Lot 12, DP 13884
Local
I147
Concord
House
11 Creewood Street
Lot 1, DP 15085
Local
I148
Concord
House
12 Creewood Street
Lot 13, DP 13884
Local
I149
Concord
House
13 Creewood Street
Lot 2, DP 15085
Local
I150
Concord
House
14 Creewood Street
Lot 14, DP 13884
Local
I151
Concord
House
15 Creewood Street
Lot 3, DP 15085
Local
I152
Concord
House
17 Creewood Street
Lot 4, DP 15085
Local
I153
Concord
House
19 Creewood Street
Lot 5, DP 15085
Local
I154
Concord
House
21 Creewood Street
Lot 6, DP 15085
Local
I155
Concord
House
8 Daly Avenue
Lot 16, DP 12739
Local
I165
Concord
House
89 Davidson Avenue
Lot 47, DP 16249
Local
I166
Concord
House
3 Denison Street
Lot 26, DP 18879
Local
I174
Concord
Street trees
Edward Street
 
Local
I182
Concord
House, “Kelvin”
1A Edward Street
Lot C, DP 311446
Local
I180
Concord
House
16 Edward Street
Lot 1, DP 943601
Local
I181
Concord
House
3 Empire Avenue
Lots 9 and 10, DP 7503
Local
I183
Concord
House
44 Empire Avenue
Lot 2, DP 14810
Local
I184
Concord
House
48 Empire Avenue
Lot 4, DP 14810
Local
I185
Concord
House
52 Empire Avenue
Lot 6, DP 14810
Local
I186
Concord
House, “Marsham”
56 Empire Avenue
Lot 8, DP 14810
Local
I187
Concord
House
19 Excelsior Street
Lot B, DP 311832
Local
I190
Concord
House
22 Excelsior Street
Lot 2, DP 311776
Local
I191
Concord
House
18 Fairview Street
Lot 1, Section 3, DP 749
Local
I192
Concord
Henley Park—landscape
Flavelle Street
Lots 6281 and 6282, DP 3000; Crown Lots 201–210 and 278–284, DP 752023
Local
I199
Concord
Adventist Church
7 Flavelle Street
Lot 40, DP 6827
Local
I196
Concord
House
24 Flavelle Street
Lot 12, DP 501281
Local
I197
Concord
House
52 Flavelle Street
Lot 13, DP 5777
Local
I198
Concord
Concord Library grounds
60 Flavelle Street
Lot 5, DP 35624
Local
I493
Concord
House
1 Forster Street
Lot 1, DP 512663
Local
I203
Concord
Street trees
Franklyn Street
 
Local
I207
Concord
House
6 Franklyn Street
Lot 14, DP 12301
Local
I205
Concord
House, “Wangi”
21 Franklyn Street
Lot 6, DP 12739
Local
I206
Concord
House
3 Frederick Street
Lot A, DP 392351
Local
I208
Concord
St Patrick’s Church, presbytery and grounds
33 Gale Street
Lots 62–75, DP 2302
Local
I209
Concord
Victorian house
37 Gale Street
Lots 60 and 61, DP 2302
Local
I210
Concord
Goddard Park
52P Gipps Street
Part Lot 1, DP 117862
Local
I214
Concord
House, “Myraville”
74 Gipps Street
Lot 61, DP 7594
Local
I215
Concord
Inter-war Moderne house
12 Gloucester Street
Lot 117, DP 7564
Local
I216
Concord
Inter-war Moderne house
14 Gloucester Street
Lot 118, DP 7564
Local
I531
Concord
House
22 Gloucester Street
Lot 1, DP 948504
Local
I217
Concord
House
2 Homedale Avenue
Lot 80, DP 7353
Local
I255
Concord
Massey Park Golf Course grounds and Sanders Reserve
1 Ian Parade (also known as 1C and 1P Ian Parade)
Lot B, DP 392351; Part Lot 22, DP 56134; Lot 18, DP 5531; Lot 21060, DP 3000
Local
I259
Concord
House
8 Jellicoe Street
Lot 58, DP 8278
Local
I270
Concord
House, “Unalea”
14 Keppel Avenue
Lot 28, DP 7594
Local
I272
Concord
House, “Ypres”
14 La Mascotte Avenue
Lot 34, DP 6790
Local
I278
Concord
House
24 La Mascotte Avenue
Lot 29, DP 6790
Local
I279
Concord
House
16 Lancelot Street
Lot 241, DP 7564
Local
I281
Concord
Street trees
Lansdowne Street
 
Local
I282
Concord
House
1 Lindfield Avenue
Lot 4, DP 15402
Local
I286
Concord
House
2 Lindfield Avenue
Lot 1, DP 15402
Local
I287
Concord
House
3 Lindfield Avenue
Lot 5, DP 15402
Local
I288
Concord
House, “Norwich”
4 Lindfield Avenue
Lot 2, DP 15402
Local
I289
Concord
House
5 Lindfield Avenue
Lot 6, DP 15402
Local
I290
Concord
House
11 Lindfield Avenue
Lot 9, DP 322322
Local
I291
Concord
Street trees
Links Avenue
 
Local
I300
Concord
House
64 Links Avenue
Lot 97, DP 9221
Local
I292
Concord
House
65 Links Avenue
Lot 34, DP 521048
Local
I293
Concord
House
66 Links Avenue
Lot 96, DP 9221
Local
I294
Concord
House
67 Links Avenue
Lot 2, DP 319226
Local
I295
Concord
House
99 Links Avenue
Lot 17, DP 9221
Local
I296
Concord
House
103 Links Avenue
Lot 15, DP 9221
Local
I297
Concord
House, “Tarrant”
107 Links Avenue
Lot 13, DP 9221
Local
I298
Concord
House, “Janibar”
129 Links Avenue
Lot 2, DP 9221
Local
I299
Concord
House
24 Lloyd George Avenue
Lot B, DP 307951
Local
I307
Concord
St Luke’s Park gateway/entrance—gates and trees only
Loftus Street
Lot 13, DP 1226181
Local
I308
Concord
Inter-war Moderne house
45 Macnamara Avenue
Lot 19, DP 15739
Local
I328
Concord
Inter-war Moderne house
47 Macnamara Avenue
Lot 20, DP 15739
Local
I532
Concord
House
62 Macnamara Avenue
Lot 6, DP 15502
Local
I329
Concord
Concord Golf Course grounds
Majors Bay Road
Lot 147, DP 752023; Lots 10–16, DP 132751
Local
I332
Concord
Street trees in median strip
Majors Bay Road
 
Local
I334
Concord
Post office
48 Majors Bay Road
Lot 2, DP 1001791
Local
I330
Concord
Concord Memorial Hall
138 Majors Bay Road
Lots 59, 60, 61 and 62, DP 13820
Local
I331
Concord
House
8 Melbourne Street
Lot 3, DP 8664
Local
I345
Concord
House
34 Melbourne Street
Lot 16, DP 8664
Local
I346
Concord
House
33 Noble Street
Lot 160, DP 7564
Local
I364
Concord
House, “Netherby” and garden
2 Park Avenue
Lot A, DP 326934
Local
I368
Concord
House
8 Park Avenue
Lot 1, DP 567218
Local
I369
Concord
House
14 Park Avenue
Lot 1, DP 15297
Local
I370
Concord
House
2 Patterson Street
Lot 22, DP 6827
Local
I374
Concord
Inter-war bungalow
13 Patterson Street
Lots 2, DP 16147
Local
I375
Concord
Inter-war bungalow
15 Patterson Street
Lots 3, DP 16147
Local
I533
Concord
Inter-war bungalow
17 Patterson Street
Lot 20, DP 16147
Local
I534
Concord
House
21 Patterson Street
Lots 21 and 22, DP 16147
Local
I376
Concord
House
32 Patterson Street
Lot 46, DP 7594
Local
I377
Concord
House
44 Patterson Street
Lot 26, DP 7594
Local
I378
Concord
House
59 Patterson Street
Lot 223, DP 752023
Local
I379
Concord
House
95 Patterson Street
Lot B, DP 333649
Local
I380
Concord
House
123 Patterson Street
Lot 6, DP 34203
Local
I381
Concord
House
34 Salt Street
Lot 35, DP 9194
Local
I410
Concord
House
36 Salt Street
Lot B, DP 320535
Local
I411
Concord
Street trees
Stanley Street
 
Local
I422
Concord
Concord High School grounds
5 Stanley Street
Lot B, DP 414465; Lot 15, DP 8687; Lot 1, DP 60167; Lot 1, DP 59489; Lot 285, DP 752023
Local
I421
Concord
House, “Tabratong”
19 Stanley Street
Lot 2, DP 975955
Local
I420
Concord
Street trees
Sydney Street
 
Local
I431
Concord
Traffic island garden
Sydney Street
 
Local
I432
Concord
House, “Serendipity”
1 Sydney Street
Lot 3, DP 311226
Local
I429
Concord
Substation
22A Sydney Street
Lot 1, DP 179878
Local
I430
Concord
Commercial building
10–12 Tennyson Road
Lots A and B, DP 107947
Local
I436
Concord
House and garden
10 Thornleigh Avenue
Lots 10 and 11, DP 7594
Local
I461
Concord
House, “Glenora”
11 Thornleigh Avenue
Lot 21, DP 7594
Local
I462
Concord
House
8 Tripod Street
Lot 1, DP 960851
Local
I464
Concord
House
29 Warbrick Street
Lot 85, DP 8278
Local
I484
Concord
Street trees
Wellbank Street between Clermont Avenue and Concord Road
 
Local
I494
Concord
Edwards Park
1P Wellbank Street
Lot 120, DP 752023; Lot 289, DP 752023 plus 2 unnumbered lots
Local
I258
Concord
Substation
2A Wellbank Street
Lot 1, DP 112384
Local
I487
Concord
Greenlees Park—landscape and former Arnott’s cottage
2B Wellbank Street
 
Local
I488
Concord
House
42 Wellbank Street
Lot 2, DP 656083
Local
I489
Concord
Central Park
57 Wellbank Street
Part 106A, DP 752023
Local
I492
Concord
Baby Health Centre
57A Wellbank Street
Lot 297, DP 752023
Local
I490
Concord
House
108 Wellbank Street
Lot 95, DP 7353
Local
I491
Concord
House
22 Zoeller Street
Lot 1, DP 104067
Local
I523
Concord
House
46 Zoeller Street
Lot 3, DP 10041
Local
I524
Concord
House
55 Zoeller Street
Lot 13, DP 14810
Local
I525
Concord West
House
10 Bangalla Road
Lot 65, DP 8733
Local
I13
Concord West
Street trees
Boronia Street
 
Local
I28
Concord West
House, “Tamar”
20 Burke Street
Lot 8, DP 7440
Local
I38
Concord West
House
11 Castlestead Street
Lot 36, DP 8976
Local
I75
Concord West
House
264 Concord Road
Lot 16, Section 1, DP 6949
Local
I101
Concord West
Holy Trinity Anglican church and grounds
270–272 Concord Road
Lot 2, DP 854835
Local
I102
Concord West
House
277 Concord Road
Lot 12, DP 6950
Local
I103
Concord West
House
279 Concord Road
Lot 11, DP 6950
Local
I104
Concord West
Uniting Church
310 Concord Road
Lot 73, DP 8733; Lot 74, DP 8733
Local
I105
Concord West
Masonic Hall
315 Concord Road
Lot 1, Section C, DP 10188; Lot 87, Section C, DP 11996; Lot 88, Section C, DP 11996
Local
I106
Concord West
Concord West Public School
378 Concord Road
Lots 4–9 and 31–34, DP 9353; Lot 1, DP 397135; Lot 1, DP 403986; Lot 1, DP 415541; Lot 1, DP 413949; Lot 1, DP 415864; Lot 1, DP 415538; Lot 2, DP 395296; Lot 1, DP 441539; Lot 1, DP 391492; Lot 1, DP 385981
Local
I107
Concord West
House
14 Consett Street
Lot 8, Section F, DP 6487
Local
I120
Concord West
House
63 Consett Street
Lot 28, Section 2, DP 6949
Local
I121
Concord West
Street trees
Cumming Avenue
 
Local
I163
Concord West
House and garden
16 Cumming Avenue
Lot 32, DP 6950
Local
I159
Concord West
House and garden
18 Cumming Avenue
Lot 33, DP 6950
Local
I160
Concord West
House and garden
22 Cumming Avenue
Lot 35, DP 6950
Local
I161
Concord West
House and garden
26 Cumming Avenue
Lot 37, DP 6950
Local
I162
Concord West
Joanna Walker Memorial Children’s Hospital—main building and hospital grounds
1A Hospital Road
Lot 1, DP 725129
State
I544
Concord West
Thomas Walker Hospital Group—main building, former children’s hospital, former stables, former cottage, The Watergate, store, garage, grounds, entry gate, cottage and hospital grounds
1A Hospital Road
Lot 1, DP 166721
State
I257
Concord West
Concord Repatriation Hospital—original main building, grounds and layout
1C and 1H Hospital Road
Lot 2, DP 89877
Local
I256
Concord West
House
4 Iandra Street
Lot 34, Section F, DP 10188
Local
I260
Concord West
House
7 Iandra Street
Lot 36, Section G, DP 10188
Local
I261
Concord West
House
10 Iandra Street
Lot 31, Section F, DP 10188
Local
I262
Concord West
House
11 Iandra Street
Lots 38 and 68, Section G, DP 10188
Local
I263
Concord West
House
13 Iandra Street
Lot 39, Section G, DP 10188
Local
I264
Concord West
House and garden
42 Iandra Street
Lot 15, Section F, DP 10188
Local
I265
Concord West
House and garden
44 Iandra Street
Lot 14, Section F, DP 10188
Local
I266
Concord West
House and garden
46 Iandra Street
Lot 13, Section F, DP 10188
Local
I267
Concord West
House
52 Iandra Street
Lot 10, Section F, DP 10188
Local
I268
Concord West
House
54 Iandra Street
Lot 9, Section F, DP 10188
Local
I269
Concord West
Rhodes Park Kokoda Trail Memorial
Killoola Street
Lot 7062, DP 93918; Crown Lot 4, DP 20270; Lot 1, DP 85560; Lots 9–25, DP 20309; Lot 1, DP 535257
Local
I273
Concord West
House
1 Mackenzie Street
Lot 16A, DP 12602
Local
I324
Concord West
House
54 Mackenzie Street
Lot 5, Section C, DP 6487
Local
I325
Concord West
House, “Camellia”
56 Mackenzie Street
Lot 4, Section C, DP 6487
Local
I326
Concord West
Inter-war bungalow
74 Mackenzie Street
Lot 6, Section 2, DP 6949
Local
I540
Concord West
Inter-war bungalow
76 Mackenzie Street
Lot 7, Section 2, DP 6949
Local
I327
Concord West
House
59 Mepunga Street
Lot 76, Section B, DP 11996
Local
I347
Concord West
Street trees
Myall Street
 
Local
I356
Concord West
House, “Halcyon” and garden
76 Myall Street
Lot 17, Section D, DP 10188
Local
I355
Concord West
Inter-war Moderne house
15 Nirranda Street
Lot 53, Section C, DP 11996
Local
I361
Concord West
Inter-war Moderne house
17 Nirranda Street
Lot 54, Section C, DP 11996
Local
I535
Concord West
House
35 Nirranda Street
Lot 63, Section C, DP 11996
Local
I362
Concord West
House
79 Nirranda Street
Lot 1, DP 14318
Local
I363
Concord West
Street trees
Nullawarra Avenue
 
Local
I367
Concord West
Dame Eadith Walker Hospital Group—dairy, gatehouse, coach house, “Boronia” cottage, timber garages, “Woodbine” cottage, stables, Prince of Wales Squash Courts, “Yaralla House”, “Jonquil” cottage, garages, “Magnolia” cottage, hospital grounds
11 Nullawarra Avenue
Lots 1 and 2, DP 231732
State
I444
Concord West
Arthur Walker Reserve—landscape and former Arnott’s cottage
11P Nullawarra Avenue
Lot 6, DP 606747
Local
I366
Concord West
Concord West Railway Station park
Queen Street
Lot 101, DP 1002884
Local
I395
Concord West
House
52 Queen Street
Lot 10, DP 6487
Local
I389
Concord West
House
173 Queen Street
Lot 20, Section E, DP 6487
Local
I390
Concord West
House
177 Queen Street
Lot 22, Section E, DP 6487
Local
I391
Concord West
House
361 Queen Street
Lot 23, DP 9353
Local
I393
Concord West
Street trees
The Drive
 
Local
I451
Concord West
House
8 The Drive
Lot 32, Section E, DP 10188
Local
I445
Concord West
House and garden
28 The Drive
Lot 22, Section E, DP 10188
Local
I446
Concord West
House
39 The Drive
Lot 55, Section E, DP 10188
Local
I447
Concord West
House and garden
40 The Drive
Lot 16, Section E, DP 10188
Local
I448
Concord West
House
58 The Drive
Lot 7, Section E, DP 10188
Local
I449
Concord West
House, “The Lodge”
67 The Drive
Lot 68, Section F, DP 10188
Local
I450
Concord West
House
12 Victoria Avenue
Lot 19, DP 6145
Local
I465
Concord West
Shop
29 Victoria Avenue
Lot 46, DP 654453
Local
I466
Concord West
Powell’s Creek Reserve
64-66 Victoria Avenue
Lot 5, DP 778667; Lot 2, DP 218758
Local
I467
Concord West
Federation post box
Corner of Wilga Street and Concord Road
 
Local
I503
Concord West
House
11 Wilga Street
Lot 60, Section D, DP 10188
Local
I497
Concord West
House
12 Wilga Street
Lot 40, Section C, DP 10188
Local
I498
Concord West
House
13 Wilga Street
Lot 61, Section D, DP 10188
Local
I499
Concord West
House, “Edgecote”
52 Wilga Street
Lot 20, Section C, DP 10188
Local
I500
Concord West
House
56 Wilga Street
Lot 18, Section C, DP 10188
Local
I501
Concord West
House
77 Wilga Street
Lot 93, Section D, DP 10188
Local
I502
Concord West
Street trees
Wunda Road
 
Local
I517
Concord West
House
6 Wunda Road
Lot 2, DP 510784
Local
I515
Concord West
House, “Curzon”
9 Wunda Road
Lot 2, DP 14878
Local
I516
Concord West
Street trees
Yaralla Street
 
Local
I521
Concord West
Warbrick Park
87P Yaralla Street
Lots 1–6 and 29–32, Section 1, DP 6949
Local
I520
Drummoyne
Pair of semi-detached houses
7–9 Bayswater Street
Lots D and E, DP 108487
Local
I19
Drummoyne
House
13 Burnell Street
Lot 39, DP 11814
Local
I39
Drummoyne
House, “Carthona”
14 Cambridge Road
Lots A and B, DP 310000
Local
I63
Drummoyne
House
70 Cary Street (also known as 70 Roseby Street
Lot 5, Section 11, DP 862
Local
I72
Drummoyne
House
72 Cary Street (also known as 72 Roseby Street)
Lot 4, Section 11, DP 862
Local
I73
Drummoyne
St Bede’s Anglican Church
14 College Street
Lot 1, DP 176004
Local
I90
Drummoyne
St Bede’s Anglican Church Rectory and hall (former church)
19–21 College Street
Lot 41, Section 12, DP 967; Lot 39, Section 2, DP 967; Lot B, DP 311845
Local
I91
Drummoyne
Uniting Church and hall
33 College Street
Lot 27, Section 2, DP 967
Local
I92
Drummoyne
The Manse
63 College Street
Lot 1, DP 974090
Local
I93
Drummoyne
Group of four Victorian Italianate houses
5 Collingwood Street
Lot 24, Sec 3, DP 964
Local
I95
Drummoyne
Victorian Italianate house
7 Collingwood Street
Lot 23, Sec 3, DP 964
Local
I536
Drummoyne
Victorian Italianate house
9 Collingwood Street
Lot 22, Sec 3, DP 964
Local
I537
Drummoyne
Victorian Italianate house
11 Collingwood Street
Lot 21, Sec 3, DP 964
Local
I538
Drummoyne
House, “Glendalough”
23 Collingwood Street
Lot 30, DP 964; Lot 1, DP 961267
Local
I96
Drummoyne
House
28 Collingwood Street (also known as 125 St Georges Crescent)
Lot 27, Sec 5, DP 964; Lot 1 DP 912029
Local
I98
Drummoyne
Scout Hall, former residence
11 Dening Street
Lot 99 and Part Lot 100, DP 980; Lot 98, DP 661923; Lot 1, DP 982611
Local
I167
Drummoyne
House, “Emstone House”
13 Dening Street
Lot 97, DP 980
Local
I168
Drummoyne
House, “Dorothy”
22 Dening Street
Lot 12, DP 4514
Local
I169
Drummoyne
House
24 Dening Street
Lot 13, DP 4514
Local
I170
Drummoyne
House
25 Dening Street
Lot 91, DP 980
Local
I171
Drummoyne
House
26 Dening Street
Lot 14, DP 4514
Local
I172
Drummoyne
House
54 Dening Street
Lot 1, DP 1015696
Local
I173
Drummoyne
House, “Clovelly”—garden and boatshed
1 Drummoyne Avenue
Lot 1, DP 856715
Local
I175
Drummoyne
Marist Brothers’ house
14 Drummoyne Avenue
Lots 37 and 38, DP 3076; Lot 1, DP 949058; Lot 1, DP 575845
Local
I176
Drummoyne
House, “Shalimar”—private garden, fence and gate
16 Drummoyne Avenue
Lot 1, DP 850331
Local
I177
Drummoyne
House, “Tobique”
44 Drummoyne Avenue
Lot 12, DP 1180691
Local
I178
Drummoyne
House
18 Formosa Street
Lot 1, DP 798690
Local
I200
Drummoyne
Pair of semi-detached houses
20–22 Formosa Street
Lots 1 and 2, DP 203823; Lots 6 and 7, DP 776214
Local
I201
Drummoyne
House
32 Formosa Street
Lot 1, DP 655199
Local
I202
Drummoyne
Natural foreshore between Ullathorne Street and Drummoyne Swimming Pool
Henley Marine Drive
 
Local
I242
Drummoyne
Iron Cove Bridge Abutment (1882)
Henley Marine Drive between the bridge and the swimming pool
 
Local
I243
Drummoyne
Iron Cove Foreshore Drive
Henley Marine Drive and Timbrell Drive
 
Local
I244
Drummoyne
MWS and DB Sewerage Pumping Station
119W Henley Marine Drive (Corner of Henley Marine Drive and Ullathorne Street)
Lots 1 and 2, DP 437891
 
I246
Drummoyne
House
129 Lower St Georges Crescent
Lot 1, DP 965863
Local
I419
Drummoyne
Trees—Palms, Camphor Laurels, Brush Box and Hill’s Figs
Lyons Road
 
Local
I310
Drummoyne
Hotel
13 Lyons Road
Lot 1, DP 182751
Local
I311
Drummoyne
Drummoyne Fire Station
29 Lyons Road
Lot 1, DP 931672
Local
I312
Drummoyne
Drummoyne Presbyterian Church and Sir Thomas Henley Memorial Sunday School and hall
31 Lyons Road
Lot 1, Section 3, DP 967
Local
I313
Drummoyne
Sutton Place shops
38–50 Lyons Road
Lots 1–22, DP 38722
Local
I314
Drummoyne
House, “Kinvara”
54 Lyons Road
Lot 2, DP 657666
Local
I315
Drummoyne
Sydney Electricity Substation
60A Lyons Road
Lot 70, DP 668981
Local
I316
Drummoyne
House
68 Lyons Road
Lot 3, DP 5980
Local
I317
Drummoyne
House
153 Lyons Road
Lots 2 and 3, DP 4462
Local
I318
Drummoyne
War Memorial Monument on grounds of Council Chambers
1A Marlborough Street
Lots 1 and 2, DP 1091309; Lot 1, DP 724469
Local
I343
Drummoyne
House, “Rosebank - Waratah”
35 Marlborough Street
Lots 1–26, SP 39227
Local
I344
Drummoyne
Shop and residence
24 Moore Street
Lot 60, DP 980
Local
I351
Drummoyne
House
31 Moore Street
Lot 28, DP 972982
Local
I352
Drummoyne
House
40 Moore Street
Lot 53, DP 980
Local
I353
Drummoyne
House
10 Park Avenue
Lots 30 and 31, Section 8, DP 862
Local
I372
Drummoyne
House
39 Park Avenue
Lot 18, Section 9, DP 862
Local
I373
Drummoyne
Drummoyne Reservoir
Rawson Avenue
Lots 13–16, DP 455626
State
I404
Drummoyne
Birkenhead Point, Dunlop Factory buildings (former)
19A Roseby Street
Lot 110, DP 1019787
Local
I409
Drummoyne
House
7 South Street
Lot 2, DP 966506
Local
I413
Drummoyne
House
41 St Georges Crescent
Lot 48, DP 3771
Local
I415
Drummoyne
House
123 St Georges Crescent (also known as 26 Collingwood Street)
Lot 1, DP 127369
Local
I417
Drummoyne
House
1 Stuart Crescent
Lots 1 and 2, DP 19788
Local
I424
Drummoyne
Bourketown Square
Corner of Thompson and Plunkett Streets
 
Local
I452
Drummoyne
Electric street light
Thompson Street
 
Local
I453
Drummoyne
Shop and residence
50 Thompson Street
Lot A, DP 108310
Local
I454
Drummoyne
Drummoyne Public School
52 Thompson Street
Lot 1, DP 122899
Local
I405
Drummoyne
House, “The Laurels”
53 Thompson Street
Lot 19, DP 3225
Local
I455
Drummoyne
Shop and residence
54 Thompson Street
Lot 1, DP 666150
Local
I456
Drummoyne
House, “Glendenning”
55 Thompson Street
Lot 20, DP 3225
Local
I457
Drummoyne
House, “Wyncroft”
57 Thompson Street
Lot 21, DP 3225
Local
I458
Drummoyne
House, “Rhodesia”
62A Thompson Street
Lot 6, DP 3045
Local
I459
Drummoyne
House, “Alma”
66 Thompson Street
Lot 5, DP 330587
Local
I460
Drummoyne
St Mark’s Catholic Church and grounds
35 Tranmere Street
Lot 21, DP 662855; Lots 19 and 20, Section 1, DP 967; Lot 18, DP 667068
Local
I463
Drummoyne
Drummoyne Baptist Church
73 Tranmere Street
Lot 1, DP 974933
Local
I29
Drummoyne
Former Gladesville Bridge abutment and approach, Five Dock Point
End of Victoria Place
 
Local
I474
Drummoyne
House
308 Victoria Place
Lot 5, DP 659465
Local
I468
Drummoyne
House
339 Victoria Place
Lot 11, SP 60732
Local
I469
Drummoyne
House
341 Victoria Place
Lot 12, SP 60732
Local
I470
Drummoyne
House
343 Victoria Place
Lot 13, SP 60732
Local
I471
Drummoyne
Boatshed
348 Victoria Place
Lot 13, DP 1514; Lot 1, DP 584754
Local
I472
Drummoyne
House
352 Victoria Place
Lot 100, DP 1012238
Local
I473
Drummoyne
Howley Park, Five Dock Point
361P Victoria Place
Lot 7057, DP 94083; Lot 1, DP 930001
Local
I475
Drummoyne
Gladesville Bridge—southern end
Victoria Road
Part Lot 1, DP 188219; Lot B and Part Lot A, DP 330971; Part Lot B, DP 336298; Part Lot 1, DP 547443; Part Lot 2, DP 663437; Part Lot 3, DP 858945
State
I546
Drummoyne
Shop and residence
64 Victoria Road
Lot 6, DP 862
Local
I476
Drummoyne
Westpac Bank (former)
191 Victoria Road
Lot 8, Section 1, DP 862
Local
I477
Drummoyne
Reorganised Church of Jesus Christ of Latter Day Saints
234 Victoria Road
Lot 1, DP 777456
Local
I478
Drummoyne
MWS and DB Pump House
24 Westbourne Street
Lot B, DP 396119
Local
I495
Drummoyne
House
46 Westbourne Street
Lot A, DP 363285
Local
I496
Drummoyne
House
1 Wolseley Street
Lot 1, DP 1091262
Local
I504
Drummoyne
House
3 Wolseley Street
Lot 37, Section 5, DP 964
Local
I505
Drummoyne
House
4 Wolseley Street
Lot 17, DP 964
Local
I506
Drummoyne
House
9 Wolseley Street
Lot 101, DP 1070278
Local
I507
Drummoyne
House, “Yawatta”
11 Wolseley Street
Lot 1, DP 943442
Local
I508
Drummoyne
Stone abutments
4P Wrights Point
Lot 498, DP 752023
Local
I509
Drummoyne
Brush Box street planting
Wrights Road
 
Local
I510
Drummoyne
House
2 Wrights Road
Lot A, DP 421080
Local
I511
Drummoyne
House, “Dunaverty” and garden
8 Wrights Road
Lots 5 and 6, DP 964; Lot 1, DP 779912
Local
I512
Drummoyne
Canary Island Palms (2)
28 Wrights Road
Lot 5, Section 4, DP 964
Local
I513
Drummoyne
House, “Omrah”
45 Wrights Road
Lot A, DP 18979; Lot B, DP 320241
Local
I514
Five Dock
Five Dock Oval and Park
Corner of Barnstaple Road, First Avenue, Ingham Avenue and Park Road
Lots 1–3, DP 717249
Local
I15
Five Dock
Hill’s Fig trees (12)
Bevin Avenue
 
Local
I22
Five Dock
House
30 Connecticut Avenue
Lot 30, Section B, DP 5738
Local
I119
Five Dock
House, “Erina”
18 Erina Avenue
Lots 1 and 2, DP 529228
Local
I188
Five Dock
House
93 First Avenue
Lot 143, DP 7510
Local
I193
Five Dock
Domremy Convent group
121 First Avenue
Lot 1, DP 128043; Lot 5, DP 224319
Local
I194
Five Dock
Five Dock Masonic Hall
177 First Avenue
Lot 24, DP 7401; Lot 25, DP 7401
Local
I195
Five Dock
Police station
14 Garfield Street
Lot 1, DP 799459
Local
I211
Five Dock
Tram lines
Great North Road
As shown on Heritage Map
Local
I218
Five Dock
Five Dock Hotel
74 Great North Road
Lot 1, DP 125908
Local
I223
Five Dock
CBC of Sydney Bank (former)
94 Great North Road
Lot 1, DP 236750
Local
I224
Five Dock
Attached shops
133–135 Great North Road
Lots 8 and 9, DP 220545
Local
I225
Five Dock
St Alban’s Anglican Church
171–173 Great North Road
Lot D, DP 158552; Lot 8, DP 17324
Local
I226
Five Dock
St Alban’s Anglican Church Rectory
175 Great North Road
Lot 7, DP 17324
Local
I227
Five Dock
St Alban’s Anglican Church Hall and shops
177–179 Great North Road
Part Lot 6, DP 17324
Local
I228
Five Dock
Post office
187 Great North Road
Lot 1, DP 210406
Local
I229
Five Dock
Terrace of three shops
189–193 Great North Road
Lots 1, 2 and 3, DP 11313
Local
I230
Five Dock
Iron Cove Foreshore Drive
Henley Marine Drive and Timbrell Drive
 
Local
I244
Five Dock
House
28 Henry Street
Lot 2, DP 215955
Local
I248
Five Dock
Five Dock Public School and garden
33E Henry Street
Lot 1, DP 1074723
Local
I247
Five Dock
House
58 Henry Street
Lot 1, DP 13590
Local
I249
Five Dock
House
60 Henry Street
Lot 2, DP 13590
Local
I250
Five Dock
House
62 Henry Street
Lot 3, DP 13590
Local
I251
Five Dock
House
64 Henry Street
Lot 4, DP 13590
Local
I252
Five Dock
House
44 Kings Road
Lot 1, DP 656132
Local
I274
Five Dock
House
46 Kings Road
Part Lot 2, DP 2609
Local
I275
Five Dock
House
48 Kings Road
Lot 3, DP 656134
Local
I276
Five Dock
House
20 Kirrang Street
Lot 38, DP 9883
Local
I277
Five Dock
Corner shop and residence
30 Lavender Street
Lot 18, DP 84536
Local
I283
Five Dock
Trees—Hills Figs
Lyons Road (between Great North Road and 418 Lyons Road)
 
Local
I322
Five Dock
Trees—Palms, Camphor Laurels and Brush Box
Lyons Road
 
Local
I310
Five Dock
House
410 Lyons Road
Lot B, DP 317595
Local
I320
Five Dock
Brush Box street planting
Lyons Road West
 
Local
I321
Five Dock
House, “Allowrie”
38 Minnesota Avenue
Lot 33, Section A, DP 5738
Local
I348
Five Dock
House
43 Minnesota Avenue
Lot 9, Section B, DP 5738
Local
I349
Five Dock
House, “Murralong”
42 Murralong Avenue
Lot B, DP 312650
Local
I354
Five Dock
House, “Lazy Acres”
1 Norman Street
Lot 2, DP 449877
Local
I365
Five Dock
Rosebank College
121 Parramatta Road
Lot 10, DP 718237
Local
I371
Five Dock
House
16 Queens Road
Lot 10, DP 1090805
Local
I398
Five Dock
House
18 Queens Road
Lot B, DP 320559
Local
I399
Five Dock
House, “Riverview”
44 Queens Road
Lot 1, DP 320508
Local
I400
Five Dock
Pair of shops
82–84 Ramsay Road
Lot 1, DP 1000063
Local
I403
Five Dock
Pair of semi-detached houses
1A–5 York Avenue
Lot A, DP 321125; Lot 1, DP 984101
Local
I522
Mortlake
Mortlake Punt—ramp, slipway, setting
33W Hilly Street
Part Lot 1, DP 1064906
Local
I253
Mortlake
Wangal Centenary Bushland Reserve—landscape
38P Hilly Street
Lot 41, DP 736614; Lot 1, DP 738239; Lots 10 and 11, DP 241277
Local
I254
Mortlake
Palace Hotel
62 Tennyson Road
Lot 4, DP 415523
Local
I440
Mortlake
Shop
64 Tennyson Road
Lots 15 and 16, DP 1937
Local
I441
Mortlake
Shop
70 Tennyson Road
Lot 3, DP 854618
Local
I442
North Strathfield
House
2 Carrington Street
Lots 66 and 67, Section 4, DP 1835I
Local
I64
North Strathfield
Concord Baptist Church
3 Carrington Street
Lots 33 and 34, Section 3, DP 1835
Local
I65
North Strathfield
House
4 Carrington Street
Lots 68 and 69, Section 4, DP 1835
Local
I66
North Strathfield
House
7 Carrington Street
Lots 29 and 30, Section 3, DP 1835
Local
I67
North Strathfield
House
13 Carrington Street
Lot 26, Section 3, DP 1835
Local
I68
North Strathfield
House
14 Carrington Street
Lot 1, DP 918828
Local
I69
North Strathfield
House
17 Carrington Street
Lot 24, Section 3, DP 1835
Local
I70
North Strathfield
House
19 Carrington Street
Lots 22 and 23, Section 3, DP 1835
Local
I71
North Strathfield
House
64 Concord Road
Lots 2 and 3, DP 703453
Local
I108
North Strathfield
Yaralla Cottages—houses and grounds
156–166 Concord Road
Lot 1, DP 115900
Local
I109
North Strathfield
House and garden
176 Concord Road
Lot 15, DP 11808
Local
I110
North Strathfield
St Stephen’s Presbyterian Church—plantings
182 Concord Road
Lot 14 and 15, Section B, DP 6487
Local
I111
North Strathfield
Commonwealth Bank building
191 Concord Road
Lot 31, DP 223623
Local
I112
North Strathfield
Strathfield North Public School and grounds
249 Concord Road
Lot 1, DP 117820; Lots 25, 26, 27, 28, 29 and 30, DP 6950
Local
I113
North Strathfield
Street trees—landscape
Cumming Avenue
As shown on Heritage Map
Local
I163
North Strathfield
Bakehouse Quarter (former Arnott’s complex)
11, 20–22 George Street
Lot 1, DP 1002876; Lot 22, DP 1140597
Local
I541
North Strathfield
Shops
16–18 George Street
Lot 1, DP 1002876
Local
I212
North Strathfield
Substation
40A George Street
Lot 1, DP 1629
Local
I213
North Strathfield
Street trees
Napier Street
 
Local
I357
North Strathfield
House
8 Nelson Road
Lot 41, Section 2, DP 4668
Local
I358
North Strathfield
House
13 Nelson Road
Lot 11, Section 3, DP 4668
Local
I359
North Strathfield
House
24 Nelson Road
Lot A, DP 411176
Local
I360
North Strathfield
House, “Sunnyside”
14 Princess Avenue
Lot 1, DP 937811
Local
I387
North Strathfield
House
26 Princess Avenue
Lot 63, DP 1835
Local
I388
North Strathfield
Street trees (adjacent to North Strathfield Railway Station)
Queen Street
Lot 101, DP 1002884
Local
I397
North Strathfield
House
15 Queen Street
Lot 1, DP 1835
Local
I396
North Strathfield
House
4 Shipley Avenue
Lot 5, Section A, DP 5360
Local
I412
North Strathfield
House
11 Sydney Street
Lots 45, 46 and 47, DP 1835
Local
I433
North Strathfield
House
23 Sydney Street
Lots 35–38, DP 1835
Local
I434
North Strathfield
Victorian gothic villa
33 Sydney Street
Lots 25 and 26, DP 1835
Local
I435
North Strathfield
Victorian gothic villa
35 Sydney Street
Lot 3, DP 711388
Local
I539
North Strathfield
House
10 Waratah Street
Lot 31, DP 5360
Local
I483
Rhodes
Rhodes Railway Station group
Blaxland Road
 
State
I25
Rhodes
House and garden
59 Blaxland Road
Lot 24, DP 5923
Local
I26
Rhodes
Rhodes Public School
63 Blaxland Road
Lot 21, DP 5923; Lot 22, DP 5923
Local
I27
Rhodes
Street trees
Cavell Avenue
 
Local
I79
Rhodes
Concord Community Hostel—grounds only
4A Cavell Avenue
Lots 40 and 41, DP 5923
Local
I76
Rhodes
Warehouse
14 Cavell Avenue
Lot 50, DP 747036
Local
I77
Rhodes
House
35 Cavell Avenue
Lot 135, DP 6401
Local
I78
Rhodes
Ryde Bridge street trees (Ryde Bridge approach)
Concord Road
 
Local
I116
Rhodes
Rhodes Industrial Park—grounds
410 Concord Road
Lot 12, DP 875656
Local
I118
Rhodes
Uhr’s Point Reserve—landscape
484P Concord Road
Lot 7051, DP 1059395
Local
I117
Rhodes
King George V Park
503P Concord Road
Lots 14–17 and 25–28, DP 739491
Local
I114
Rhodes
Street trees
Cropley Street
 
Local
I158
Rhodes
House
6 Cropley Street
Lot B, DP 401497
Local
I156
Rhodes
House, “Cressbrooke”
19 Cropley Street
Lot 104, DP 6401
Local
I157
Rhodes
Street trees
Llewellyn Street
 
Local
I306
Rhodes
House
20 Llewellyn Street
Lot 79, DP 6401
Local
I301
Rhodes
House, “Kilcreggan”
23 Llewellyn Street
Lot 13, DP 522452
Local
I302
Rhodes
House
37 Llewellyn Street
Lot 15, DP 6401
Local
I303
Rhodes
House
71 Llewellyn Street
Lot 32, DP 6401
Local
I304
Rhodes
House, “Monaro” and garden
73 Llewellyn Street
Lot 33, DP 6401
Local
I305
Rhodes
McIlwaine Park
1P Mary Street
Lot 502, DP 752023; Crown Lots 17–21 and 23, DP 792101; Lot 61, DP 668894; Lot 1, DP 724123; PTB, DP 399950; Lot 18, DP 527623; Lot 2, DP 530418
Local
I115
Rhodes
Meadowbank rail bridges over Parramatta River
As shown on the Heritage Map
 
State
I542
Rodd Point
Rodd Park and Family Vault
Henley Marine Drive
Crown Lot 15068, DP 1603; Part Lot 130, DP 61412
Local
I245
Rodd Point
Iron Cove Foreshore Drive
Henley Marine Drive and Timbrell Drive
 
Local
I244
Russell Lea
MWS and DB Pump House No 65
33B Byrne Avenue
Lots 17 and 18, DP 8867; Lot 101, DP 774790
Local
I57
Russell Lea
House
19 Hampden Road
Lot A, DP 372155
Local
I240
Russell Lea
House
21 Hampden Road
Lot B, DP 372155
Local
I241
Russell Lea
House, “Glenwood”
21 Lamrock Avenue
Lot 21, DP 14487
Local
I280
Russell Lea
House
7 Lucas Avenue
Lot 2, DP 509362
Local
I309
Russell Lea
Trees—Palms, Camphor Laurels, Brush Box and Hill’s Figs
Lyons Road
 
Local
I310
Russell Lea
House
11 Mooculta Avenue
Lot 12, Section F, DP 7156
Local
I350
Strathfield
House
5 Leicester Avenue
Lot 1, DP 930791
Local
I284
Strathfield
House
7 Leicester Avenue
Lot A, DP 320760
Local
I285
Strathfield
Street trees
Manson Road
 
Local
I342
Strathfield
House
10 Manson Road
Lot 10, DP 4386
Local
I335
Strathfield
House
14 Manson Road
Lot 2, DP 323553
Local
I336
Strathfield
House
16 Manson Road
Lot 1, DP 188326
Local
I337
Strathfield
House and garden
18 Manson Road
Lot 2, DP 321309
Local
I338
Strathfield
House
20 Manson Road
Lot 1, DP 321309
Local
I339
Strathfield
House
22–24 Manson Road
Lots A and B, DP 406120
Local
I340
Strathfield
House
30 Manson Road
Lot 25, DP 703454
Local
I341
Strathfield
House
19 Swan Avenue
Lot 10, DP 5336
Local
I426
Strathfield
House
20 Swan Avenue
Lot 39, DP 5336
Local
I427
Strathfield
St Andrew’s Church
37 Swan Avenue
Lots 20–23, DP 5336; Lot 1, DP 1091154
Local
I425
Strathfield
Milling Place—mature deodar cedar trees (known as Swan Avenue Reserve)
42P Swan Avenue
Lot 2, DP 868755
Local
I428
Wareemba
Tram lines
Great North Road
 
Local
I218
Wareemba
House
32 Wareemba Street
Lot 51, Section C, DP 5521
Local
I485
Wareemba
MWS and DB pumping station
32 Wymston Parade (corner Hill Street)
Lots 95 and 96, DP 6743
Local
I519
Part 2 Heritage conservation areas
Description
Identification on Heritage Map
Significance
Birkenhead and Dawson Estates Conservation Area
Shown by red hatching and labelled “CL”
Local
Bourketown Conservation Area
Shown by red hatching and labelled “CA”
Local
Creewood Street Conservation Area
Shown by red hatching and labelled “CS”
Local
Drummoyne Avenue East Conservation Area
Shown by red hatching and labelled “CD”
Local
Drummoyne Avenue West Conservation Area
Shown by red hatching and labelled “CE”
Local
Drummoyne Park Conservation Area
Shown by red hatching and labelled “CC”
Local
Gale Street Inter-war Californian Bungalow Group
Shown by red hatching and labelled “CW”
Local
Gale Street Victorian Housing Group
Shown by red hatching and labelled “CX”
Local
Gears Avenue Conservation Area
Shown by red hatching and labelled “CG”
Local
Gipps Street Conservation Area
Shown by red hatching and labelled “CJ”
Local
Hampden Road Conservation Area
Shown by red hatching and labelled “CH”
Local
Lindfield Avenue Conservation Area
Shown by red hatching and labelled “CR”
Local
Majors Bay Road Conservation Area
Shown by red hatching and labelled “CU”
Local
Marlborough and Tavistock Streets Conservation Area
Shown by red hatching and labelled “CK”
Local
Mons Street and Boronia Avenue Conservation Area
Shown by red hatching and labelled “CM”
Local
Moore Street Conservation Area
Shown by red hatching and labelled “CN”
Local
Mortlake Workers’ Housing Group
Shown by red hatching and labelled “CV”
Local
Park Avenue Conservation Area
Shown by red hatching and labelled “CQ”
Local
Parklands Estate Conservation Area
Shown by red hatching and labelled “CB”
Local
Powell’s Estate Conservation Area
Shown by red hatching and labelled “CT”
Local
Salisbury Street Housing Group
Shown by red hatching and labelled “CP”
Local
Thompson Street Conservation Area
Shown by red hatching and labelled “CI”
Local
Victoria Road Retail Conservation Area
Shown by red hatching and labelled “CF”
Local
Yaralla Estate Conservation Area
Shown by red hatching and labelled “CO”
Local
sch 5: Am 2018 (177), cl 5; 2018 (531), Sch 1 [7]; 2021 (89), Sch 1[23]–[27]; 2022 (512), Sch 1[9]–[14].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division—
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Acid Sulfate Soils Map means the Canada Bay Local Environmental Plan 2013 Acid Sulfate Soils Map.
Active Street Frontages Map means the Canada Bay Local Environmental Plan 2013 Active Street Frontages Map.
Additional Local Provisions Map means the Canada Bay Local Environmental Plan 2013 Additional Local Provisions Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
Affordable Housing Contribution Scheme Map means the Canada Bay Local Environmental Plan 2013 Affordable Housing Contribution Scheme Map.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(aaa)  agritourism,
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
agritourism means the following—
(a)  farm gate premises,
(b)  farm experience premises.
Note—
Agritourism is a type of agriculture—see the definition of that term in this Dictionary.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a)  a retail area for the sale of the products,
(b)  the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where—
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that—
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building or place—
(a)  that provides residents with a principal place of residence for at least 3 months, and
(b)  that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c)  that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d)  used to provide affordable housing, and
(e)  if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
Building Setback Map means the Canada Bay Local Environmental Plan 2013 Building Setback Map.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—
(a)  that indicates—
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land, with access to communal amenities, used for the short term placement of campervans, tents, annexes or other similar portable and lightweight temporary shelters for accommodation and includes a primitive camping ground but does not include—
(a)  a caravan park, or
(b)  farm stay accommodation.
canal estate development—see clause 2.9.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means an area of land, with access to communal amenities, used for the installation or placement of caravans, or caravans and other moveable dwellings, but does not include farm stay accommodation.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
Cavell Avenue Character Area means the land identified as “Cavell Avenue Character Area” on the Key Sites Map.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of farm gate premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—
(a)  a building or place used for the education and care of children that provides any one or more of the following—
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include—
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
Note—
Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows—
classified road means any of the following—
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
Codes SEPP means State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
co-living housing means a building or place that—
(a)  has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
(b)  provides occupants with a principal place of residence for at least 3 months, and
(c)  has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,
but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.
commercial farm means a farm on which agriculture is undertaken that is—
(a)  on land categorised as farmland under the Local Government Act 1993, section 515, or
(b)  a primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, or part of a primary production business, including a business that—
(i)  was a primary production business, and
(ii)  has temporarily ceased to be a primary production business because of a natural disaster, including a drought, flood or bush fire.
commercial premises means any of the following—
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place—
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
corner lot has the same meaning as in the Codes SEPP.
correctional centre means—
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the City of Canada Bay Council.
creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.
Note—
Creative industries are a type of light industry—see the definition of that term in this Dictionary.
crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place contains an associated building for conducting memorial services.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.
Note—
Data centres are a type of high technology industry—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
Design Excellence Map means the Canada Bay Local Environmental Plan 2013 Design Excellence Map.
designated State public infrastructure means public facilities or services that are provided or financed by the State, or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State, of the following kinds—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  land required for regional open space,
(d)  social infrastructure and facilities, such as schools, hospitals, emergency services and justice purposes.
draft heritage conservation area has the same meaning as in the Codes SEPP.
draft heritage item has the same meaning as in the Codes SEPP.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
Environmentally Sensitive Land Map means the Canada Bay Local Environmental Plan 2013 Environmentally Sensitive Land Map.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm experience premises means a building or place—
(a)  on a commercial farm, and
(b)  ancillary to the farm, and
(c)  used to provide visitors to the farm, on a commercial basis, with small-scale and low-impact tourist or recreational activities, including the following, but not including motor sports—
(i)  horse riding,
(ii)  farm tours,
(iii)  functions or conferences,
(iv)  farm field days.
Note—
Farm experience premises are a type of agritourism—see the definition of that term in this Dictionary.
farm gate premises—
(a)  means a building or place—
(i)  on a commercial farm, and
(ii)  ancillary to the farm, and
(iii)  used to provide visitors to the farm, on a commercial basis, with agricultural products predominantly from the farm, supplemented by products from other farms in the region, or with services or activities related to the products, including the following—
(A)  processing, packaging and sale of the products, but not the processing of animals,
(B)  the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,
(C)  tastings or workshops,
(D)  the provision of information or education related to the products, and
(b)  includes cellar door premises.
Note—
Farm gate premises are a type of agritourism—see the definition of that term in this Dictionary.
farm stay accommodation means a building or place—
(a)  on a commercial farm, and
(b)  ancillary to the farm, and
(c)  used to provide temporary accommodation to paying guests of the farm, including in buildings or moveable dwellings.
Note—
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes—
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Canada Bay Local Environmental Plan 2013 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
Foreshore Building Line Map means the Canada Bay Local Environmental Plan 2013 Foreshore Building Line Map.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement—
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Canada Bay Local Environmental Plan 2013 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Canada Bay Local Environmental Plan 2013 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
and includes a data centre, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note 1—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
Incentive Floor Space Ratio Map means the Canada Bay Local Environmental Plan 2013 Incentive Floor Space Ratio Area Map.
Incentive Height of Buildings Map means the Canada Bay Local Environmental Plan 2013 Incentive Height of Buildings Map.
independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—
(a)  used to house seniors or people with a disability, and
(b)  containing private facilities for cooking, sleeping and bathing, and
(c)  where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,
but does not include a hostel.
Note—
Independent living units are a type of seniors housing—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include—
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
Intensive Urban Development Area Map means the Canada Bay Local Environmental Plan 2013 Intensive Urban Development Area Map.
internal lot means a lot to which there is no practicable means of vehicular access or to which the only practicable means of vehicular access is by way of—
(a)  for a hatchet-shaped lot—an access corridor, or
(b)  a right of way that traverses another lot, or
(c)  an access corridor that is common property in a strata or community title scheme.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
Key Sites Map means the Canada Bay Local Environmental Plan 2013 Key Sites Map.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Canada Bay Local Environmental Plan 2013 Land Application Map.
Land Reservation Acquisition Map means the Canada Bay Local Environmental Plan 2013 Land Reservation Acquisition Map.
Land Zoning Map means the Canada Bay Local Environmental Plan 2013 Land Zoning Map.
landholding means an area of land—
(a)  constituted or worked as a single property, and
(b)  if comprising more than 1 lot—the lots are—
(i)  contiguous, or
(ii)  separated only by a road or watercourse.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
Leeds Street Character Area means the land identified as “Leeds Street Character Area” on the Key Sites Map.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry,
(d)  creative industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Lot Size Map means the Canada Bay Local Environmental Plan 2013 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
manor house has the same meaning as in the Codes SEPP.
manufactured home has the same meaning as in the Local Government Act 1993.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
multi dwelling housing (terraces) has the same meaning as in the Codes SEPP.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
Non-residential Floor Space Map means the Canada Bay Local Environmental Plan 2013 Non-residential Floor Space Map.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
parallel road lot has the same meaning as in the Codes SEPP.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means—
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
primitive camping ground means a camping ground approved under the Local Government Act 1993, Chapter 7, Part 1 as a primitive camping ground.
Note—
Primitive camping ground is a type of camping ground—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—
(a)  attached dwellings,
(b)  boarding houses,
(baa)  co-living housing,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(faa)    (Repealed)
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes—
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling, co-living housing or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided, but does not include the preparation and serving of food and drink to people that occurs as part of—
(a)  an artisan food and drink industry, or
(b)  farm gate premises.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—
(a), (b)    (Repealed)
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(la)  specialised retail premises,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include farm gate premises, highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
Rhodes Precinct means the land identified as “Rhodes Precinct” on the Key Sites Map.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note 1—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
Note 2—
School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
secondary dwelling means a self-contained dwelling that—
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is—
(a)  a residential care facility, or
(b)  a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or
(c)  a group of independent living units, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for—
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following—
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
special contributions area has the same meaning as in the Act, section 7.1.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
Station Gateway East Character Area means the land identified as “Station Gateway East Character Area” on the Key Sites Map.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
Sun Access Protection Map means the Canada Bay Local Environmental Plan 2013 Sun Access Protection Map.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows—
swimming pool means an excavation, structure or vessel—
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include—
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means—
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2018 (157), Sch 1 [3]; 2018 (531), Sch 1 [8]; 2021 (89), Sch 1[28]; 2021 (225), Sch 1; 2021 (644), Sch 1[12]; 2022 (512), Sch 1[15]; 2022 (842), Sch 1[10].